Journal of Strafvordering Indonesian (JOSI) is a peer-reviewed, open access international journal that discusses politics of law in general, discuss discourses on the development of criminal law and government policy from various perspectives. All submitted manuscripts will be reviewed by the editors and then evaluated by a minimum of two Reviewers through a double-blind review process. This is to ensure the quality of manuscripts published in the journal. Journal title : Journal of Strafvordering Indonesian Initials : JOSI Frequency : 6 (twelve) times a year (January, March, May, July, September, November) DOI : 10.62872 ISSN Online : 3046-8620 Editor in Chief : Dr. Theresia N.A Narwadan, S.H,M.Hum. Managing Editor : Harly Clifford Jonas Salmon Assistant Editor : Safaruddin Harefa Publisher : PT. Anagata Sembagi Education Accreditation : On Process
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Legal Sanctions Procedure for Electronic Law Enforcement Program Violators in The Jurisdiction of the Malang City Police From A Utilistic Theory Perspective
The implementation of the ETLE system in Malang City has shown significant results in traffic law enforcement efforts, although it still faces various challenges. The significant gap between the number of detected violations and the number of violators who confirm and pay fines reflects the complexity of the problem. This condition is influenced not only by low public awareness of traffic law compliance but also by the limitations of the ETLE system, which does not allow for the retention of evidence as is the case with manual ticketing.Utilitarianly, ETLE offers many benefits, but its implementation also faces several challenges. Here are some of the main challenges in ETLE application: 1. Implementation Costs. 2. Technical Issues. 3. Data Privacy and Security. 4. Public Acceptance. 5. Regulations ad Policies. Despite its utility, the implementation of ETLE still faces challenges that could diminish its "utility," such as technical challenges, such as the need for a widespread technological infrastructure and camera maintenance. Social challenges include varying levels of public compliance and awareness of changing traffic behavior. Limited coverage, with cameras not yet installed evenly across all regions, means the security benefits are not yet universally felt. Data synchronization issues between agencies and a lack of public awareness remain obstacles to maximizing the system's utility
Copyright (c) 2026 Aghniya Ariza Sa'adah (Author) https://creativecommons.org/licenses/by-sa/4.0
Implementation of Restorative Justice in the New Criminal Code: A Normative Analysis of Criminal Case Resolution
This study examines the application of the restorative justice approach in the New Criminal Code (KUHP) enacted through Law Number 1 of 2023. The background of this study is the increasing need for a more humane and effective criminal case resolution system that simultaneously takes into account the interests of victims, perpetrators, and the community. The New Criminal Code brings a significant paradigmatic shift by integrating the principles of restorative justice into Indonesian positive legal norms. The research method used is normative legal research with a statute approach, a conceptual approach, and a comparative approach. The results show that the New Criminal Code explicitly accommodates the principle of restorative justice through several provisions, including: the regulation of recovery-oriented sentencing objectives (Article 54), a settlement mechanism outside the judicial process (Article 70), and provisions on supervisory punishment and rehabilitative measures. However, its implementation faces a number of normative challenges, including the lack of comprehensive technical regulations, limited institutional capacity, and the need for harmonization with other laws and regulations. This study recommends the development of detailed implementing regulations, strengthening the capacity of law enforcement officials, and developing an institutional infrastructure that supports the optimal implementation of restorative justice in the Indonesian criminal justice system.
Copyright (c) 2026 Henny Saida Flora, Taqyuddin Kadir, Ichsan Sjuhudi (Author) https://creativecommons.org/licenses/by-sa/4.0
Dark Side of Digital Economy: A Criminal Law Study of Economic Crimes on Digital Platforms
The development of the digital economy through various information technology-based platforms has created a major transformation in people's economic activities. On the other hand, this development has also given rise to various new forms of economic crime that exploit digital systems as a means to obtain unlawful profits. This situation poses challenges for the criminal law system in anticipating and addressing platform-based economic crimes. This study aims to analyze the criminal law construction for economic crimes on digital platforms and examine the ambiguity of norms regarding criminal liability for platform-based economic crimes. The research method used is normative legal research with a statutory and conceptual approach. Legal materials are analyzed qualitatively to identify the alignment between digital economic developments and applicable legal regulations. The results show that criminal law regulations related to digital economic activities in Indonesia are still partial and do not specifically regulate various forms of economic crimes on digital platforms. The ambiguity of norms regarding the responsibilities of platform providers, the determination of legal subjects, and electronic evidence-based evidentiary mechanisms creates legal uncertainty and has the potential to hamper the effectiveness of law enforcement. Therefore, a reformulation of criminal law policies is needed that is more responsive, integrative, and adaptive to developments in digital technology in order to create legal certainty and optimal protection for the community in the digital economy ecosystem.
Copyright (c) 2026 Harly Clifford Jonas Salmon (Author) https://creativecommons.org/licenses/by-sa/4.0
Modernization of the Criminal Law System in Combating Transnational Crime in the Era of Globalization
The development of globalization has driven the rise of transnational crime, which is cross-jurisdictional, organized, and exploits technological advances and the global financial system. This phenomenon poses a serious challenge to the national criminal law system, which is still fundamentally oriented towards the principle of territoriality and has not fully anticipated the dynamics of transnational crime. This study aims to analyze the criminal law regulations for transnational crime from the perspective of national and international law, and to examine the modernization of the criminal law system as an effort to strengthen the prevention of transnational crime in the era of globalization. The research method used is normative legal research with a statutory approach, a conceptual approach, and a comparative approach analyzed qualitatively. The results show that the regulation of transnational crime in the Indonesian criminal law system has been regulated through various sectoral laws such as the Narcotics Law, the Money Laundering Law, the Eradication of Terrorism Law, and the Eradication of Human Trafficking Law. These regulations represent a form of implementation of Indonesia's commitment to international legal instruments, however, there are still unclear norms, especially regarding cross-border jurisdiction, coordination between law enforcement agencies, and regulations regarding digital technology-based crimes. Modernization of the criminal law system is necessary through harmonization of national law with international standards, strengthening international legal cooperation, utilizing technology in law enforcement, and reformulating legal norms that are more adaptive to the development of transnational crime.
Copyright (c) 2026 Folman P Ambarita (Author) https://creativecommons.org/licenses/by-sa/4.0
Criminal Liability in the Energy Sector Corruption Scandal: A Legal Analysis of Abuse of Authority in State-Owned Enterprises
Corruption in the energy sector involving State-Owned Enterprises (SOEs) is a form of abuse of authority that significantly impacts state financial losses and weakens corporate governance. The complexity of energy sector management, which involves strategic business decisions, often raises debates about the boundaries between legitimate business risks and unlawful acts that can be qualified as corruption. This condition creates the need for a legal review of the construction of criminal liability of SOE officials in energy sector management. This study aims to analyze the legal construction of abuse of authority in corruption in the management of SOEs in the energy sector and examines the forms of criminal liability of SOE officials from the perspective of criminal law and corporate governance. The research method used is normative legal research with a statutory approach, a conceptual approach, and a case approach analyzed qualitatively. The results show that the criminal liability of SOE officials is determined by the fulfillment of the elements of fault, a causal relationship, and the existence of abuse of authority that causes state losses. The business judgment rule principle can provide legal protection for business decisions taken in good faith and based on the principle of prudence, but does not apply if there is a conflict of interest, bad faith, or a violation of the principles of good corporate governance. Therefore, it is necessary to construct a criminal liability model that is able to clearly distinguish between legitimate business risks and abuse of authority so that corruption eradication remains effective without hindering legitimate business decision-making in the management of state-owned enterprises in the energy sector.
Copyright (c) 2026 A. Istiqlal Assaad (Author) https://creativecommons.org/licenses/by-sa/4.0
Governing through Penal Policy: Criminal Law and State Control Mechanisms
Contemporary criminal law increasingly functions not only as an instrument for addressing crime but also as a mechanism of state control. The phenomenon of governing through penal policy reflects a shift in the role of criminal law from ultimum remedium toward a regulatory tool used to manage social behavior and political stability. This article examines the normative ambiguity surrounding the legitimacy of penal policy as a means of governance and its implications for the rule of law and human rights protection. Employing a normative juridical approach with critical and prescriptive analysis, the study reveals that the expansion of criminalization often lacks clear normative parameters, leading to overcriminalization, erosion of civil liberties, and legal uncertainty. Such developments risk undermining the legitimacy of criminal law and transforming it into an instrument of power rather than justice. The article argues for the necessity of normative limits on penal policy through the reaffirmation of the ultimum remedium principle, proportionality, and constitutional review mechanisms to safeguard democratic legal order and human rights.
Copyright (c) 2026 Henny Saida Flora, Pramidazzura Alifa Rifqi (Author) https://creativecommons.org/licenses/by-sa/4.0
Screenshots, Chats, and Voice Notes: Rethinking Evidence in Criminal Trials
The increasing reliance on screenshots, chats, and voice notes in Indonesian criminal proceedings reflects a significant shift in evidentiary practices driven by digital communication technologies. However, this development has not been followed by adequate normative adaptation within criminal procedural law. Article 184 of the Criminal Procedure Code does not explicitly accommodate micro-digital evidence, while the Electronic Information and Transactions Law merely provides general recognition without specifying procedural standards for authentication and evidentiary weight. This condition creates normative ambiguity regarding the legal status, admissibility, and probative value of screenshots, chats, and voice notes, resulting in inconsistent judicial practices and potential violations of fair trial principles. This study employs normative legal research using statute, conceptual, and case approaches to analyze the position of micro-digital evidence in Indonesian criminal trials. The findings demonstrate that unverified digital evidence risks eroding the presumption of innocence, shifting the burden of proof to defendants, and undermining legal certainty. This article argues that criminal procedural law must be reformed to explicitly regulate the classification, authentication, and corroboration of micro-digital evidence in order to ensure technological adaptation without compromising due process of law and fair trial guarantees.
Copyright (c) 2026 Pramidazzura Alifa Rifqi, Samsidar, Harly Clifford Jonas Salmon (Author) https://creativecommons.org/licenses/by-sa/4.0
Analysis of the Proof of Gratuity as a Criminal Act of Corruption in Criminal Justice
This article examines the construction of proof of gratification as a form of corruption crime within the Indonesian criminal law system, particularly concerning the application of reverse proof as regulated in Law No. 31 of 1999 jo. Law No. 20 of 2001. This study uses a normative juridical method with a statutory approach, a conceptual approach, and jurisprudence review. The analysis results show that proof of gratification contains a juridical dilemma between the effectiveness of eradicating corruption and the protection of the presumption of innocence principle. Article 12B creates a shift in the burden of proof, which is normatively recognized by the Constitutional Court, but its implementation still raises issues of legal uncertainty and inconsistency in interpreting the elements of positional relationship and the intention of acceptance. The mechanism for reporting gratuities through the KPK essentially provides legal protection, but its effectiveness depends on the compliance of public officials and the capacity for oversight. This study emphasizes the need to strengthen regulations, harmonize jurisprudence, and provide technical guidelines for evidence to ensure a balance between the effectiveness of law enforcement and the protection of defendants' constitutional rights.
Copyright (c) 2026 Nurfathiana F, Subekti Subekti, Dudik Djaja Sidarta (Author) https://creativecommons.org/licenses/by-sa/4.0
A Normative Review of the Integration of Customary Criminal Sanctions into the National Sentencing System for Land Rights Violations
The coexistence of customary criminal sanctions and the national sentencing system in Indonesia reflects the country’s plural legal structure, particularly in cases involving land rights violations. While indigenous communities continue to enforce customary sanctions that are socially binding and restorative in nature, Indonesian positive law remains normatively ambiguous regarding their legal status within state-imposed criminal punishment. The enactment of Law No. 1 of 2023 on the National Criminal Code recognizes living law but fails to provide explicit guidance on how customary sanctions should be integrated into sentencing decisions. Using normative legal research with statute, conceptual, and case approaches, this article examines the juridical position of customary criminal sanctions and their implications for legal certainty and proportionality in sentencing. The analysis demonstrates that unregulated coexistence between customary sanctions and state punishment risks inconsistent judicial practices and potential violations of the principle of non bis in idem. This article argues that customary criminal sanctions may only be integrated into the national sentencing system through explicit normative positioning, either as mitigating factors or as regulated corrective measures, in order to uphold legality, legal certainty, and substantive justice in land rights cases.
Copyright (c) 2026 Judy Marria Saimima, Adonia Ivonne Laturette, Juanrico Alfaromona Sumarezs Titahelu (Author) https://creativecommons.org/licenses/by-sa/4.0
Countering cybercrime in a criminal law perspective: the challenges of law enforcement in the digital age
The development of information technology has given birth to cybercrime as a form of modern criminality that challenges the foundations of conventional criminal law. Cybercrime is not only non-territorial and complex, but also has a broad impact on the public, economic, and security interests of the country. This research aims to analyze the normative construction of cybercrime in the Indonesian criminal law system, examine the harmonization of its regulation between Law Number 19 of 2016 concerning Electronic Information and Transactions and Law Number 1 of 2024 concerning the Criminal Code, and identify the challenges of criminal law enforcement in the digital era. The research method used is normative juridical with a legislative, conceptual, and systematic approach. The results of the study show that cybercrime regulation still faces the problem of unclear formulation of delicacies, fragmentation of norms, and potential disharmonization between sectoral laws and national criminal law codification. In addition, cyber criminal law enforcement is faced with electronic proof constraints, limited capacity of the apparatus, and the complexity of cross-border jurisdictions. This condition creates a gap between the normative goals of criminal law and law enforcement practices. Therefore, it is necessary to harmonize and integrate more comprehensive cybercrime regulations so that criminal law is able to provide legal certainty, justice, and human rights protection in a balanced manner in the digital era
Copyright (c) 2026 Raudhotul Jannah, Angga Aldilla Gussman (Author) https://creativecommons.org/licenses/by-sa/4.0
Criminalization of Fraud Victims in Gold Trading Disputes: An Analysis of Conflicting Criminal and Civil Court Decisions in Indonesia
The expansion of criminal law into private commercial disputes has raised serious concerns regarding over-criminalization and legal certainty. This article examines the phenomenon of fraud victim criminalization in gold trading disputes through an analysis of conflicting civil and criminal court decisions in Indonesia. Using a qualitative doctrinal and socio-legal case study approach, the study analyzes judicial reasoning in parallel proceedings arising from identical transactional facts. The findings reveal that a purchaser legally recognized as a fraud victim in binding civil judgments was subsequently prosecuted and convicted under corruption and money laundering statutes. This outcome resulted from the disregard of prior civil findings, expansive interpretations of state loss, and a narrow application of the ne bis in idemprinciple. The study argues that such judicial fragmentation undermines legal certainty and distorts the function of criminal law as ultima ratio. By situating the case within theories of over criminalization and miscarriage of justice, this article contributes to the literature on economic crime enforcement and judicial coherence. It concludes by emphasizing the need for stronger doctrinal coordination between civil and criminal adjudication to prevent victim criminalization and ensure fair and consistent application of the law in Indonesia
Copyright (c) 2026 Yuli Maria Lyanawati, M.Syahrul Borman, Vieta Imelda Cornelis (Author) https://creativecommons.org/licenses/by-sa/4.0
The Contest of Moral Values and Human Rights in the Formulation of Criminal Offenses inbthe National Criminal Code
The establishment of the National Criminal Code through Law Number 1 of 2023 reflects the state's efforts to harmonize the criminal law system with the moral values that live in Indonesian society. The process of codifying criminal norms cannot be separated from the moral plurality that comes from religion, customs, and culture, which are often used as a reference for criminalization. However, differences in the acceptance of moral values pose a challenge to legitimacy when criminal norms are generally binding. Law Number 1 of 2023 shows the tendency to use morality as a basis for criminalization, which has the potential to expand delicacies, create legal uncertainty, and risk discrimination against minority groups. The protection of human rights is the main parameter, especially related to the right to privacy, the principle of non-discrimination, and the limits of state intervention. The harmonization between public morality, the protection of individual rights, and the principle of the rule of law still faces normative and structural tensions. Overcriminalization can weaken the selective power of criminal law and burden the justice system. Critical and normative evaluation is needed to ensure that criminal law functions as an instrument of justice and protection of rights, not just a tool of moral affirmation. Normative juridical research shows the need for a balance between moral values, social interests, and human rights in order for the National Criminal Code to have strong juridical, sociological, and philosophical legitimacy.
Copyright (c) 2026 Amir Minabari (Author) https://creativecommons.org/licenses/by-sa/4.0
The Shift of Sentencing Paradigm from Retributive to Restorative Justice in the Indonesian Criminal Justice System
The development of modern criminal law thought indicates a significant shift in the sentencing paradigm from a retributive approach toward a restorative one. The retributive paradigm, which emphasizes punishment and retaliation for criminal acts, has increasingly been criticized for its inability to deliver substantive justice for victims, offenders, and society. In contrast, restorative justice emerges as an alternative paradigm that prioritizes restoration, dialogue, and the active participation of all parties affected by crime. This article aims to analyze the shift in sentencing paradigm from retributive to restorative justice within the Indonesian criminal justice system and to examine its implications for national criminal law reform. This study employs a qualitative legal research method using normative and conceptual approaches, relying on statutory analysis, legal doctrines, and relevant criminal justice policies. The findings reveal that restorative justice has gained increasing recognition in Indonesia through recent regulations and law enforcement policies. However, its implementation still faces substantial challenges in terms of legal substance, institutional structure, and legal culture. The novelty of this article lies in its comprehensive analysis of restorative justice not merely as an alternative mechanism, but as a potential new sentencing paradigm capable of reshaping the core orientation of Indonesian criminal law.
retributive justice, restorative justice, criminal law, Indonesia..
Copyright (c) 2026 Carolina S. Martha, Angga Aldilla Gusman, Ainurrafiqa Pelupessy (Author) https://creativecommons.org/licenses/by-sa/4.0
Criminal Liability for Hoax Spreaders: A Study of Defamation Offenses and ITE Laws
The widespread dissemination of hoaxes and the expanding criminalization of defamation in digital spaces illustrate that challenges within Indonesia’s cyberlaw regime stem not only from the normative wording of the ITE Law but also from law enforcement practices that fail to accommodate the realities of digital communication. This study examines criminal liability for hoax disseminators and defamation offenses under the ITE Law by integrating the Criminal Code (Law 1/2023), the first amendment to the ITE Law (Law 19/2016), and the most recent amendment (Law 1/2024). Employing normative legal research through statutory, conceptual, and case approaches, the study finds that hoax-related criminal liability raises substantial mens rea concerns, particularly because digital virality often results from impulsive user behavior driven by platform algorithms. Meanwhile, defamation provisions under the ITE Law retain a conduct-based orientation, expanding criminal liability through broadly framed elements such as “distributing,” “transmitting,” and “making accessible.” Limited digital forensic capacity, subjective interpretation by law enforcement, and weak application of public-interest safeguards contribute to excessive criminalization of both hoax disseminators and legitimate criticism. The study concludes that the effectiveness of the ITE Law requires harmonization with culpability principles under the Criminal Code, strengthened institutional capacity, the adoption of objective standards, and a clear restriction of criminal sanctions as ultimum remedium to ensure that public order and reputation protections do not undermine democ.
Copyright (c) 2025 Muhammad Junaidi, Samsir Samsir, Achmad Yusuf (Author) https://creativecommons.org/licenses/by-sa/4.0
The Application in Tax Violation Cases Involving Public Figures: A Legal and Criminological Analysis
The phenomenon of tax violations involving public figures shows the existence of structural vulnerabilities in the tax system that require regulatory strengthening. This study analyzes the application of the law in cases of tax violations by public figures through a normative juridical approach by examining the provisions of Law Number 7 of 2021 concerning the Harmonization of Tax Regulations (HPP Law) and a number of related regulations. This study examines the position of tax norms, law enforcement mechanisms, and the relevance of criminological perspectives to the behavior patterns and motivations of violations committed by influential taxpayers. The HPP Law provides significant updates through improving compliance standards, strengthening administrative and criminal sanctions, and digitizing tax administration which has an impact on increasing the effectiveness of supervision. The discussion shows that law enforcement regulated by the HPP Law is more proportional, accountable, and oriented towards fiscal justice, so as to be able to narrow the gap for the manipulation of tax obligations by public figures. Criminological studies confirm that tax reform has succeeded in suppressing opportunistic factors through an increased risk of detecting violations. The results of the study concluded that the harmonization of regulations through the HPP Law has strengthened the integrity of the tax system and strengthened the state's efforts to build equal compliance for all taxpayers without discrimination.
Copyright (c) 2025 Harly Clifford Jonas Salmon (Author) https://creativecommons.org/licenses/by-sa/4.0
Law Enforcement And Socio-Legal Approaches In Combating Destructive Fishing Crimes In Maluku: Policy Analysis, Implementation Challenges, And Community Empowerment
Destructive fishing is a form of fisheries crime that causes ecological damage and threatens the socio-economic stability of coastal communities. Maluku Province, a strategic archipelagic region highly dependent on marine resources, faces significant challenges in preventing and combating this practice. This study analyzes the enforcement of destructive fishing offenses through normative-juridical and socio-legal approaches by examining national legal frameworks, the effectiveness of the lex specialis principle, institutional enforcement capacity, and socio-economic dynamics and legal culture among coastal communities. The findings reveal that although national legal provisions offer a strong normative foundation, law enforcement in Maluku remains constrained by geographical barriers, limited numbers of specialized fisheries investigators, and insufficient maritime surveillance infrastructure. Additionally, economic pressure, lack of access to sustainable fishing technologies, and low legal awareness contribute to persistent destructive fishing practices. Addressing this issue requires integrating penal instruments with community-based empowerment strategies, including the revitalization of traditional norms such as sasi laut, capacity-building for enforcement officers, technological strengthening of maritime monitoring, and the development of coastal livelihood alternatives. This study concludes that successful mitigation of destructive fishing depends on the synergy between legal policies, community participation, and sustained institutional strengthening.
Copyright (c) 2025 Sherly Adam, Harly Clifford Jonas Salmon, Astuti Nur Fadilah (Author) https://creativecommons.org/licenses/by-sa/4.0
Transnational Crime in Money Laundering Cases: An Analysis From the Perspective of Economic Criminal Law
Money laundering is a transnational crime with significant implications for financial stability and state governance. This study analyzes the enforcement of money-laundering laws in Indonesia through case studies of Rafael Alun Trisambodo and the Bank Indonesia Liquidity Support (BLBI) scandal using a mixed doctrinal and socio-legal approach. Data were collected from statutory analysis, PPATK reports, prosecutorial documents, and scholarly literature. Findings show that despite progressive statutory frameworks, challenges persist in beneficial-ownership transparency, financial-intelligence capacity, and cross-border asset recovery. The Rafael Alun case reflects a family-based laundering scheme, while BLBI illustrates a corporate-state network. This study recommends strengthening PPATK, asset-reporting systems, international cooperation, financial-forensics technology, and the use of non-conviction-based asset forfeiture mechanisms
Copyright (c) 2025 Dwi Nurahman (Author) https://creativecommons.org/licenses/by-sa/4.0
Law Enforcement Against Human Trafficking Through Migrant Workers
Trafficking in persons through migrant-labor schemes has become an increasingly complex transnational crime in Indonesia. This study examines the effectiveness of law enforcement against trafficking in persons (TIP) committed under the guise of migrant worker placement. Using a normative and socio-legal approach, the research evaluates the adequacy of legal instruments, inter-agency coordination, and socio-economic dynamics influencing vulnerability to trafficking. Data were collected from primary legal sources, judicial decisions, official government reports, and international organizations monitoring migration and trafficking. The findings reveal that, despite Indonesia’s comprehensive legal framework under Law No. 21/2007 and Law No. 18/2017, alongside its commitment to the Palermo Protocol, implementation challenges persist. These include fragmented institutional coordination, limited cyber-investigation capacity, loopholes in administrative oversight, and socio-economic pressures that drive individuals to migrate irregularly. The study concludes that a holistic strategy combining penal, administrative, and community-based approaches is essential. Strengthening coordination between the National Police, BP2MI, Immigration, and the Ministry of Foreign Affairs, enhancing digital migration governance, and implementing community empowerment initiatives in migrant-sending regions are key to preventing exploitation and dismantling trafficking networks.
Copyright (c) 2025 Achmad Yusuf (Author) https://creativecommons.org/licenses/by-sa/4.0
Revisiting Criminal Policy: Between Prevention, Rehabilitation, and Restorative Justice
Criminal justice policy in Indonesia continues to be dominated by the deterrence paradigm, which emphasizes the deterrent effect of severe punishment. This is evident in the increasing overcrowding of correctional institutions, which are operating at more than twice their normal capacity, and the high rate of recidivism. This study aims to review the direction of Indonesia's criminal justice policy by examining the interaction between three main paradigms, namely deterrence, rehabilitation, and restorative justice, in the context of national social and political change. Using a qualitative approach with a descriptive-analytical design based on socio-legal research, this study analyzes legal documents, official institutional data, and interviews with legal experts and practitioners from the period 2015–2024. The results of the study show that Indonesian criminal policy is still influenced by penal populism and political pressure, although there are indications of a shift towards a more humanistic paradigm through the application of restorative justice. However, this transition is still partial and faces institutional resistance and resource constraints in its implementation in the field. This study concludes that the success of criminal policy reform in Indonesia requires political balance in penal policy, namely a balance between political power, public interest, and human values in the formulation of criminal law. These findings are expected to serve as a conceptual basis for the renewal of a more just, effective, and sustainable criminal justice system.
Copyright (c) 2025 Yusep Mulyana (Author) https://creativecommons.org/licenses/by-sa/4.0
Case Study On Law Enforcement Against Sexual Violence in Educational Environments
Sexual violence in higher education is a critical legal and social issue requiring interdisciplinary responses. This study examines law enforcement against sexual violence in Indonesian universities through case studies of Universitas Gadjah Mada (UGM) and Universitas Mataram (UNRAM) using a mixed legal–sociological approach. Data were collected through document analysis, policy review, and academic literature synthesis. Findings reveal that although Law No. 12/2022 on Sexual Violence and Ministerial Regulation No. 30/2021 provide a progressive legal framework, implementation remains constrained by institutional hierarchy, cultural resistance, insufficient trauma-informed capacity, and limited coordination with law enforcement. Both cases demonstrate gaps between legal norms and university practices, particularly regarding victim protection, confidentiality, and administrative response. Strengthening campus task forces, establishing secure reporting mechanisms, ensuring structured collaboration with law enforcement, and mainstreaming gender-awareness education are crucial for creating safe academic environments and achieving substantive justice for victims.
Copyright (c) 2025 Nur Rois, Lena Claudia Angwarmasse, Folman P Ambarita (Author) https://creativecommons.org/licenses/by-sa/4.0
Legal Protection for Victims of Revenge Porn: An Analysis from Thomas Aquinas’ Perspective on Criminal Law and Public Ethics
The crime of revenge porn or the dissemination of intimate content without the victim's consent is a form of technology-based sexual violence that has a serious impact on human rights to privacy, honor, and dignity. This study uses a normative juridical method with a legislative and conceptual approach, relying on statutory analysis, doctrinal interpretation, and review of court decisions and scholarly literature to examine the consistency and effectiveness of legal protection frameworks. Through analytical interpretation of Law No. 12 of 2022 concerning Criminal Acts of Sexual Violence (TPKS), Law No. 19 of 2016 concerning Electronic Information and Transactions (ITE), and Law No. 44 of 2008 concerning Pornography, the study critically evaluates how these regulations function substantively in protecting victims. The results of the study show that the normative provisions in the three laws are still overlapping and do not provide comprehensive protection for victims, particularly in distinguishing consensual and non-consensual content distribution, addressing secondary victimization, and ensuring victim recovery. From Thomas Aquinas' perspective, just law must contain a public moral dimension and be oriented towards bonum commune or the common good. Therefore, the reconstruction of legal protection for victims of revenge porn must be based on the integration of positive legal values and natural morality by strengthening punitive, preventive, and rehabilitative aspects. With such a legal model, the Indonesian legal system can realize substantive justice for victims, oriented towards restoring human dignity, and in line with the ideals of Pancasila law.
Copyright (c) 2025 Henny Saida Flora (Author) https://creativecommons.org/licenses/by-sa/4.0
Public Whipping Punishment for Adultery Offenders in Aceh: A Study on the Application of Islamic Criminal Law and International Human Rights
This study discusses the legal legitimacy of public whipping in Aceh as part of the legal specificity regulated through Law Number 11 of 2006 concerning the Government of Aceh. This specificity provides a constitutional basis for Aceh to implement Islamic law-based law through Qanun Jinayat, especially Qanun Number 6 of 2014 concerning the Jinayat Law which regulates the punishment for certain criminal acts, including adultery. Although normatively legitimate because it is underpinned by asymmetric decentralization mechanisms, the practice of public caning is controversial from a human rights perspective. Indonesia has ratified the ICCPR through Law Number 12 of 2005, so it is bound by the prohibition of cruel, inhuman, and degrading treatment. This condition creates a normative tension between Islamic sharia principles that emphasize social morality and international human rights principles that emphasize individual dignity. The research uses normative juridical methods with a legislative and conceptual approach, and analyzes the relationship between Islamic law, national law, and international law. The results of the study show the need for a more contextual reconstruction of punishment, emphasizing maqāṣid al-syarī'ah as a meeting point between religious values and human rights principles. Alternatives such as closed executions or rehabilitative punishment can be a solution so that the application of jinayat law remains relevant without causing serious contradictions. Thus, this study emphasizes the importance of humanistic, transformative, and substantive justice regulatory innovation
Copyright (c) 2025 Nurul Fadhilah, Samsidar Samsidar (Author) https://creativecommons.org/licenses/by-sa/4.0
Juridical Review of Taxpayer Data Protection in Cases of Misuse of Digital Tax System Access
The development of information technology has driven a significant transformation in the tax administration system in Indonesia through the digitization of services such as e-filing, e-billing, and the integration of NIK as an NPWP. This modernization aims to increase efficiency, transparency, and compliance, but at the same time poses serious risks in the form of leakage and misuse of taxpayers' personal data. Tax data is very sensitive because it includes identity, financial information, economic transactions, and compliance records, which in Law No. 27 of 2022 concerning Personal Data Protection (PDP Law) is categorized as specific data with high protection standards. In the legal context, the protection of taxpayer data is strengthened by Article 28G paragraph (1) of the 1945 Constitution and Article 34 of the KUP Law which requires tax officials to maintain confidentiality. The Directorate General of Taxes (DGT) as a data controller has the obligation to manage data in a legal, proportionate, and secure manner by implementing encryption, access control, and incident notification mechanisms. Failure to carry out these obligations can have administrative, civil, and criminal consequences. This study uses a normative juridical method with a statutory and conceptual approach to assess the effectiveness of taxpayer legal protection in digitalization. The results of the study emphasized the importance of harmonizing the PDP Law and the KUP Law as well as strengthening the DGT institution so that legal protection is more comprehensive, transparent, and able to maintain public trust in the digital tax system.
Copyright (c) 2025 Loso Judijanto, Ahmad Novindri Aji Sukma (Author) https://creativecommons.org/licenses/by-sa/4.0
Criminal Law Policy in Combating Corruption in the Digitalization of Public Services Sector
Digital transformation in public services brings efficiency and transparency, but at the same time gives birth to new modes of corruption that are non-physical, complex, and transnational. Digitalization opens up opportunities for data manipulation, system engineering, and the elimination of traces of electronic transactions, which are difficult to handle with conventional criminal law instruments. Law No. 31 of 1999 and Law No. 20 of 2001 still dominantly use the classic paradigm that focuses on physical state losses, so it is not yet fully able to reach technology-based crimes. The limitations of these norms create legal gaps and the risk of impunity, especially when the principle of legality requires the formulation of clear criminal justices. On the other hand, proving digital corruption requires explicit recognition of electronic evidence, while the judicial system is still based on conventional evidence. This condition emphasizes the need for responsive criminal law reform, both through expanding the formulation of criminal offenses, strengthening the position of electronic evidence, and developing new sanctions relevant to digital crimes. This research uses a normative juridical method by examining positive law, legality principles, doctrines, and law application practices. The analysis shows that the effectiveness of eradicating digital corruption can only be achieved through regulatory harmonization, increasing the technological capacity of the apparatus, and integrating criminal law with the cyber and administrative law regime. Thus, criminal law is required to be adaptive so as not to be left behind from the dynamics of crime in the digital era.
Copyright (c) 2025 Saptaning Ruju Paminto, Dwi Nurahman, Eriyanto Eriyanto (Author) https://creativecommons.org/licenses/by-sa/4.0
The Effectiveness of Tax Dispute Resolution through Alternative Dispute Resolution (ADR) compared to Settlement through Criminal Justice: A Business Law Perspective
Tax disputes are an inherent legal phenomenon in business practice because they are often born from differences in interpretation between taxpayers and fiscal authorities on tax obligations that must be met. Law No. 14 of 2002 provides a normative basis regarding the scope of tax disputes and establishes the Tax Court as a special forum with the authority to examine and decide cases with the nature of final and binding decisions. However, this litigation mechanism often poses problems due to the formalistic nature and length of the settlement process, resulting in high costs and legal uncertainty that are detrimental to the business world. From a business law perspective, delayed judgments and procedural rigidity not only impact a company's cash flow, but can also damage its reputation and lower investor confidence. This condition shows that there is a tension between the legal certainty offered by the law and business certainty which is the practical need of business actors. Criminalization in resolving tax disputes through criminal channels also poses reputational risks that are counterproductive to the investment climate. Alternative Dispute Resolution (ADR) offers a more flexible, efficient, and collaborative solution that is able to bridge fiscal interests with business sustainability. ADR integration is in line with the principles of fast, simple, and low-cost as mandated by Article 2 of Law No. 14 of 2002, so that it can be a strategic instrument in strengthening legal certainty, increasing voluntary compliance, and maintaining national economic stability.
Copyright (c) 2025 Loso Judijanto (Author) https://creativecommons.org/licenses/by-sa/4.0
Juridical Analysis of the Application of Administrative and Criminal Sanctions to Tax Evasion Cases
Taxes are the main instrument in the country's financial system because they function as a source of revenue to support national development. However, tax evasion practices are still rampant and cause significant fiscal losses, requiring effective law enforcement. In the context of Indonesian tax law, tax avoidance can be subject to administrative and criminal sanctions in accordance with the provisions of Law Number 28 of 2007 concerning General Provisions and Tax Procedures (KUP Law). Administrative sanctions function as the main instrument that is both preventive and repressive through the mechanism of fines, interest, or increases in taxes owed. However, in cases with the impact of large losses and intentional elements, relevant criminal sanctions are applied as the ultimate remedium. Reform through Law Number 7 of 2021 concerning the Harmonization of Tax Regulations (HPP Law) strengthens aspects of legal certainty, affirms the principle of ultimum remedium, and increases the authority of tax authorities while still paying attention to the protection of taxpayer rights. This study uses a normative juridical method by examining positive norms, the principle of legality, the principle of proportionality, and the principle of justice in the application of sanctions. The results of the analysis show that the integration of administrative, criminal, and regulatory sanctions is able to create a fairer, more transparent, and sustainable tax system, while maintaining legal legitimacy and public trust
Application Of Cultural Deviance Criminology Theory to Develop Human Resources to Achieve Sustainable Development Goals (SDGS) in Karangtanjung Village, Karawang Regency
Karangtanjung Village is a village with an area of 380 Ha/m² in the Lemahabang District, Karawang Regency, with the main livelihood being agriculture.. The problem of difficulty in finding work due to the shift in the paradigm of society from agrarian to industrial areas creates inequality, thus potentially causing poverty which leads to crime problems so that it is necessary to conduct research on this phenomenon which is a concern of the Sustainable Development Goals program. Based on this, the identification of the problems raised in this study is what are the factors causing the many crimes that occur in Karawang Regency in relation to the theory of Cultural Deviance? and how are crime prevention efforts to build human resources to realize the Sustainable Development Goals program in Karangtanjung Village? This study uses a qualitative method with an empirical juridical approach. The conclusion of the researcher is that the factors causing the many crimes that occur in Karawang Regency are related to the Cultural Deviance theory, due to the increasing number of residents who do not have prospects (hopes) due to the poor social integration process which gives rise to social inequalities (potential economic sources that are still controlled by a handful of parties) and efforts that can be made to build human resources in order to realize the Sustainable Development Goals program in Karangtanjung Village are by instilling a mindset in the workforce to become entrepreneurs by utilizing the potential of the Micro, Small and Medium Enterprises (MSMEs) sector under the guidance of Village-Owned Enterprises (BUMDes) in Karangtanjung Village.
Copyright (c) 2025 zarisnov Arafat, sartika dewi, I ketut margayasa, Dani durahman (Author) https://creativecommons.org/licenses/by-sa/4.0
Preventive Criminal Regulation on the Risk of Crime by Artificial Intelligence in Indonesia
The rapid development of Artificial Intelligence (AI) technology has presented new legal challenges, especially in the realm of criminal law in Indonesia. AI systems that are capable of acting autonomously create the potential for digital crime that cannot be reached by conventional criminal law structures that are oriented towards human offenders. The Criminal Code and Law No. 19 of 2016 concerning Information and Electronic Transactions are still human-centric and have not anticipated crimes mediated by non-human entities. This study uses normative juridical methods to evaluate the normative gaps in criminal regulation against AI-based crimes and offers a risk-based preventive criminal regulation model. This approach emphasizes the importance of a legal system that is adaptive to the design and implementation of AI from the early stages, by adopting the principles of risk-based regulation and precautionary principles. The regulations formulated must not only ensure legal accountability for potential violations, but also uphold ethical and human rights values. The recommendations include the need to redefine legal subjects, strengthen institutional capacity, and establish new laws on AI. Thus, risk-based criminal law reform is a juridical urgency in building a national legal system that is responsive to the threat of autonomous technology in the digital era.
Copyright (c) 2025 Hendri Khuan (Author) https://creativecommons.org/licenses/by-sa/4.0
Void in Law: Criminal Regulation Vacuum on the Detrimental Impact of AI Artificial Intelligence
Advances in artificial intelligence (AI) technology have brought new challenges in the realm of criminal law, especially related to accountability for autonomous actions that cause legal losses. Indonesia's criminal law system, which is still based on an anthropo-centric paradigm with the conditions of actus reus and mens rea, has not been able to accommodate non-human digital entities such as AI. The absence of explicit criminal norms against AI's detrimental behavior leads to a legal void, where real harm cannot be effectively acted upon. Law Number 11 of 2008 concerning Information and Electronic Transactions (ITE Law) has not specifically regulated the attribution of errors to AI, developers, and system operators. This study uses normative juridical methods with conceptual and comparative legal approaches to analyze the need for the formation of a new criminal framework for AI. The results of the study show the urgency of reformulating criminal regulations that are risk-based and adaptive to technological developments, as reflected in the EU Artificial Intelligence Act model. It is also necessary to strengthen the concept of indirect criminal liability and the possibility of recognition of electronic legal entities. Without regulatory innovation, Indonesia's criminal justice system risks failing to protect the digital society fairly and effectively. This study recommends the establishment of specific norms that are responsive to the risks of AI technology
Legal Feminization: Dissecting Gender Inequality in Judges' Decisions in Sexual Violence Cases
This study examines the implementation of Law Number 12 of 2022 concerning the Crime of Sexual Violence (TPKS Law) in criminal justice practice with a focus on gender inequality in legal reasoning and judges' juridical arguments. The TPKS Law exists as a progressive legal instrument that emphasizes a victim-based approach and the principle of non-discrimination, as well as accommodates previously unrecognized forms of non-physical sexual violence. However, the effectiveness of these norms is still constrained by judicial practices that are often based on conventional legal paradigms and patriarchal biases. The normative juridical approach is used to analyze positive legal norms, court decisions, and feminist legal concepts, in order to assess the extent to which the principles of the TPKS Law are internalized by judges. The results of the study show that many decisions still question the credibility of victims and ignore the psychosocial dimension of sexual violence, thus perpetuating the practice of victimization. The low sensitivity of gender in legal considerations shows the need for legal feminization as an effort for epistemological and structural transformation in the judicial system. These findings underscore the importance of gender-sensitive judicial training and criminal procedure law reform so that the law can function as a means of substantive justice. This study recommends the integration of legal feminist values as a normative and interpretive framework in sexual violence cases.
Copyright (c) 2025 Henny Saida Flora, Henry Aspan (Author) https://creativecommons.org/licenses/by-sa/4.0