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 : Angga A.G Managing Editor : Fitri Arianti Assistant Editor : Dwi Syamsih Publisher : PT. Anagata Sembagi Education Accreditation : On Process
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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
The Authority of PPAT in Making APHT at PT. Bank Negara Indonesia
The Deed of Granting Dependent Rights (APHT) is a legal instrument that has a strategic role in ensuring certainty and legal protection for loans provided by banks. In practice, the making of APHT can only be done by the formally and territorially authorized Land Deed Making Officer (PPAT). This study aims to analyze the authority of PPAT in the manufacture of APHT at PT. Bank Negara Indonesia (Persero) Tbk, as well as identifying the implementation and legal obstacles that occur in practice. The research method used is an empirical juridical approach, with primary data collection through interviews with PPAT and credit officials at BNI Biak Branch Offices, as well as secondary data from laws and regulations and legal literature. The results of the study show that PPAT has exclusive authority in making APHT in accordance with Law Number 4 of 1996 concerning Dependent Rights. However, in the practice of cooperation with the bank, there are a number of challenges such as delays in submitting documents, lack of understanding of the debtor on legal procedures, and administrative obstacles in the process of registering dependent rights with the Land Office.
Copyright (c) 2025 Wulan Pratiwi Yulia Djari, Salesius Jemaru, Baharudin Saleh Ingratubun (Author) https://creativecommons.org/licenses/by-sa/4.0
Restorative Justice in Addressing Environmental Crimes: A Viable Alternative or a Legal Threat?
The enforcement of criminal law against environmental crimes in Indonesia remains largely dominated by a retributive approach that emphasizes punitive sanctions, often neglecting ecological restoration and substantive justice. This article examines the relevance and implementation of restorative justice as an alternative approach to addressing environmental crimes. Using a normative-juridical method supplemented by semi-structured interviews, the study analyzes the legal foundations, opportunities, challenges, and implications of applying restorative justice within Indonesia's environmental legal framework. Findings indicate that while restorative justice offers potential as a more responsive mechanism to environmental harm and victims' rights, its implementation faces significant obstacles, such as regulatory ambiguity, risks of impunity for corporate offenders, and limited community and victim participation. Therefore, strengthening a more specific legal framework, building law enforcement capacity, and ensuring active public involvement are essential to effectively, transparently, and fairly applying restorative justice in resolving environmental crimes.
Copyright (c) 2025 A. Djoko Sumaryanto (Author) https://creativecommons.org/licenses/by-sa/4.0
The Urgency of Environmental Criminal Law Reform in Ensnaring Corporations: A Case Study of Tin Ecological Crimes by Harvey Moeis
This study examines the urgency of environmental criminal law reform in Indonesia in ensnaring corporations as the main perpetrators of ecological crimes, especially through a case study of tin mining involving Harvey Moeis. Although Law Number 32 of 2009 concerning Environmental Protection and Management (PPLH Law) regulates the criminalization of business entities, its implementation is still limited to an individualistic approach that is difficult to reach corporate accountability structurally. The inconsistency of the PPLH Law with Law Number 40 of 2007 concerning Limited Liability Companies (PT Law) weakens the effectiveness of law enforcement, because the provisions of social and environmental responsibility in the PT Law are administrative without adequate criminal threats. The dominant vicarious liability approach still fails to accommodate the principles of strict liability and corporate mens rea, so corporations often escape serious criminal sanctions. The research uses a normative qualitative approach with the analysis of primary and secondary legal materials to understand legal constraints and prepare reform recommendations. The results affirm the need for harmonization across laws, strengthening corporate collective accountability, and applying progressive principles in penalties. These reforms are essential to realize effective ecological justice and corporate accountability for environmental crimes in a systemic and sustainable manner.
Copyright (c) 2025 Loso Judijanto, Nurbeti Nurbeti, Febrina Annisa, Resma Bintani Gustaliza (Author) https://creativecommons.org/licenses/by-sa/4.0
The Phenomenon of Hate Speech and Disinformation on Social Media: A Criminal Law Approach in Tackling Digital Crime
The rapid development of information technology, especially social media, has changed the way people interact and access information. However, this openness creates a digital paradox in the form of the spread of hate speech and disinformation that is difficult to control, potentially triggering social conflicts and political polarization, especially in Indonesia. Social media algorithms that amplify provocative content create an echo chamber that magnifies the risk of radicalization and manipulation of SARA's identity. This phenomenon threatens the quality of democracy and social cohesion, requiring a firm but proportionate response to criminal law. Law Number 19 of 2016 concerning Information and Electronic Transactions (ITE Law) plays an important role in handling digital crime, but its implementation faces obstacles of multi-interpretation norms and limited capacity of the apparatus. Repressive law enforcement has the potential to curb freedom of expression and cause injustice. Therefore, legal reforms are needed that clarify the definition of hate speech and disinformation, improve the digital literacy of the apparatus, and have independent oversight mechanisms. A comprehensive approach that combines legal, technological, and social aspects can create a healthy, democratic, and inclusive digital space, while protecting society from the negative impacts of hate speech and disinformation.
Copyright (c) 2025 Nur Ro'is, Arianti A Ogotan, Rica Regina Novianty (Author) https://creativecommons.org/licenses/by-sa/4.0
Corruption in Infrastructure Projects: Case Studies and Juridical Analysis
The infrastructure sector in Indonesia is one of the most vulnerable arenas to corruption because of its capital-intensive, complex, and multi-year characteristics. Projects such as the construction of toll roads, bridges, and other public facilities are often abused through budget mark-ups, fictitious procurement, and collusion in auctions. This study aims to analyze the application of Article 2 and Article 3 of Law Number 20 of 2001 in tackling corruption in infrastructure projects. Using a normative juridical approach and case studies, this study highlights that corruption in infrastructure projects is systemic, involves many actors, and is difficult to dismantle due to weaknesses in the procurement, oversight, and legal proofing systems. The results of the study show that the effectiveness of these articles is greatly influenced by the context of implementation in the field, including the understanding of law enforcement officials of the project corruption modus operandi. In addition, weak surveillance systems, low transparency, and technical and political obstacles exacerbate the situation. Therefore, legal reform is not enough if it is not accompanied by institutional reform and digitalization of accountable procurement. In conclusion, the eradication of infrastructure corruption must be carried out through a comprehensive, interdisciplinary, and adaptive legal approach to the complexity of project governance in the public sector.
Copyright (c) 2025 Anis Noviya, Samsidar Samsidar, Muhamad Romdoni (Author) https://creativecommons.org/licenses/by-sa/4.0
Criminal Policy in Combating Street Crime in Indonesia
Street crime is one of the social problems that continues to be a concern in Indonesia because it has a direct impact on the security and comfort of the community. Criminal policies in overcoming street crime are an important instrument for law enforcement officers and policy makers to reduce the crime rate. This article aims to analyze the effectiveness of criminal policies implemented in overcoming street crime in Indonesia. A normative legal approach is used by analyzing related laws and regulations as well as legal literature and law enforcement reports. The focus of the study includes provisions in the Criminal Code (KUHP), Law Number 2 of 2002 concerning the Indonesian National Police, and Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. The results of the study indicate that although the policy has provided a strong legal basis, enforcement and coordination between institutions still need to be improved so that overcoming street crime can run effectively and sustainably. This study provides recommendations for strengthening policy synergy and community-based preventive approaches.
Copyright (c) 2025 Samsidar Samsidar (Author) https://creativecommons.org/licenses/by-sa/4.0
Criminal Sanctions for Perpetrators of Human Trafficking in Indonesia
Human trafficking is a serious crime that violates human rights and threatens the dignity of victims, especially in Indonesia, which is a source, transit, and destination country. This crime not only harms individual victims physically and psychologically, but also has a negative impact on national social and economic development. Indonesia has strictly regulated human trafficking in Law Number 21 of 2007 concerning the Eradication of the Crime of Human Trafficking (UU TPPO) along with the Criminal Code and other supporting regulations. This article aims to analyze the application of criminal sanctions against perpetrators of human trafficking in Indonesia and the challenges in enforcing them. The normative legal method is used to examine the relevant regulations and court decisions. The results of the study indicate that the criminal sanctions applied are quite severe normatively, but in practice there are still obstacles in the form of lack of coordination between institutions, minimal protection for victims, and suboptimal law enforcement. Recommendations are given so that strengthening the legal system and a multidisciplinary approach can improve the effectiveness of handling human trafficking in Indonesia.
Criminal Law Analysis of Sexual Crimes against Children
Sexual crimes against children are crimes that have extraordinary impacts on victims, both physically, psychologically, and socially. Protection of children as the nation's next generation is a primary concern in the criminal law system in Indonesia. This article aims to analyze the application of criminal law to perpetrators of sexual crimes against children, by reviewing relevant laws and regulations such as Law Number 35 of 2014 concerning Child Protection and Law Number 17 of 2016 which regulates the increase in criminal sanctions for perpetrators. Through a normative legal approach, this article evaluates the extent to which these legal provisions are able to provide a deterrent effect, protect the rights of victims, and prevent the recurrence of similar crimes. The analysis found that although regulations have been strengthened, implementation in the field still faces challenges, such as difficult evidence processes and suboptimal victim protection. This article suggests the importance of synergy between law enforcers, child protection institutions, and the wider community in creating a comprehensive protection system for children from sexual crimes.
Copyright (c) 2024 Samsidar Samsidar (Author) https://creativecommons.org/licenses/by-sa/4.0
Implementation of Criminal Sanctions for Domestic Violence (KDRT) in Indonesia
Domestic violence (DV) is a form of human rights violation that has serious impacts on victims, especially women and children. In Indonesia, the crime of domestic violence is regulated in Law Number 23 of 2004 concerning the Elimination of Domestic Violence. This study aims to examine the extent to which the application of criminal sanctions against perpetrators of domestic violence is in accordance with the objectives of criminal law and provides effective protection to victims. Using a normative legal approach and supported by jurisprudence studies, this article reviews the effectiveness of law enforcement in the field, obstacles to law enforcement, and the need for a restorative approach. The results of the analysis show that although regulations have been comprehensively available, implementation at the law enforcement level still faces obstacles such as patriarchal culture, lack of understanding of the Domestic Violence Law, and minimal support for the victim protection system. This study recommends strengthening the capacity of law enforcement officers, public education, and optimizing the protection mechanism for victims of domestic violence. This study is expected to contribute to encouraging the renewal of criminal law policies that are more responsive to victims of domestic violence.
Analysis of Criminal Sanctions for Criminal Acts of Assault in Indonesia
The crime of assault is a violation of the law that often occurs in Indonesian society and has serious implications for public security and order. Assault is clearly regulated in the Criminal Code (KUHP), especially in Articles 351 to 358, which cover various forms and levels of severity of assault. This article aims to analyze the application of criminal sanctions against perpetrators of assault in Indonesia, both in the form of imprisonment and fines. Using a normative legal approach, this study examines aspects of positive law, legal doctrine, and related court decisions. It was found that although the regulations have been quite adequate, the application of sanctions still faces challenges such as inconsistency in judges' decisions, non-legal considerations, and the less than optimal role of law enforcement officers. This article also discusses the need for reformulation of the criminal sanction approach and alternative conflict resolution, such as restorative justice, to create more substantial justice. This study is expected to contribute to the development of a more humanistic and just national criminal law.
Implementation of Criminal Sanctions against Perpetrators of Theft in Indonesia
Theft is one of the most common forms of crime in society and has been strictly regulated in the Criminal Code (KUHP). Law enforcement against perpetrators of theft plays an important role in creating a sense of security and justice. This article aims to analyze how criminal sanctions are applied to perpetrators of theft in Indonesia, by reviewing the applicable legal basis, law enforcement practices, and challenges in its implementation. This study uses a normative legal approach with literature study as the main method. The results of the study indicate that although the legal provisions are quite adequate, there are still challenges in the judicial process, including differences in judges' interpretations, the socio-economic conditions of the perpetrators, and the effectiveness of sanctions in providing a deterrent effect. The discussion also touches on the importance of criminal policy reform and the need for a rehabilitative approach for certain perpetrators. Thus, law enforcement against theft must be carried out proportionally and fairly.
The Effectiveness of Criminal Sanctions in Combating Corruption Crimes in Indonesia
Combating corruption is a major challenge within Indonesia's criminal justice system. One of the key instruments in this effort is the imposition of firm and effective criminal sanctions. This study aims to examine the effectiveness of criminal sanctions against perpetrators of corruption and their impact on anti-corruption efforts in Indonesia. The research method used is a normative juridical approach, utilizing secondary data from legislation, court rulings, and related literature. The results show that although Indonesia has a strong legal foundation, such as Law No. 31 of 1999 in conjunction with Law No. 20 of 2001 on the Eradication of Corruption Crimes, its implementation still faces various obstacles, such as sentencing disparities, lack of deterrent effect, and weak law enforcement. This study concludes that reform is needed in the criminal justice system for corruption, including enhancing the capacity of law enforcement, and harmonizing criminal sanctions to maximize deterrence. This study is expected to contribute to strengthening criminal law in addressing corruption as an extraordinary crime.
Copyright (c) 2024 Nayla Nayla (Author) https://creativecommons.org/licenses/by-sa/4.0
The Impact of Error in Persona: Liability of Police Investigators in Cases of Wrongful Arrests
Errors in arrest, known as "errors in persona," are one of the fundamental problems in the criminal justice system that demands serious attention. This phenomenon not only reflects the failure of law enforcement officials to carry out their duties, but also raises various adverse implications, both for individuals who are victims of wrongful arrest and for public trust in the integrity of the legal system. In a country of law that prioritizes the principles of justice and legal certainty, errors in arrest are serious challenges that can injure these basic principles. Police investigators, as one of the main actors in the law enforcement process, play a very vital role in ensuring that any action taken is in accordance with applicable legal procedures. They are responsible for making arrests, detentions, and investigations based on sufficient evidence and with regard to human rights. However, in reality, in practice mistakes often occur that lead to the arrest of innocent people. These mistakes can occur due to a variety of factors, including a lack of adequate evidence, pressure to resolve cases quickly, errors in suspect identification, or even practices that violate the ethics of investigator professionalism. Errors in person not only have an impact on the victims who are directly affected, such as psychological trauma, social stigma, and material loss, but also have broader legal consequences. This mistake can damage the credibility of law enforcement officials, create public distrust, and ultimately erode the legitimacy of the legal institution itself. In a broader context, error in persona also interferes with the principle of justice that should be the main foundation in the criminal justice system. This study aims to analyze the impact of error in persona with a special focus on the accountability of police investigators in cases of wrongful arrest. This research will examine how the accountability mechanism of investigators is regulated in the Indonesian legal system, as well as how the rules are applied in various concrete cases. In addition, this research will also explore the legal aspects that govern protection for victims of wrongful arrest, including recovery and compensation mechanisms, as well as an evaluation of the effectiveness of existing regulations. One of the important issues that will be discussed is the extent to which investigators can be held legally accountable, both criminally, civilly, and administratively, when an arrest is made. In this case, the study will highlight whether the current regulations are adequate to hold investigators accountable, or whether there are still legal loopholes that allow investigators to escape responsibility for the mistakes that occurred. Furthermore, this study will also discuss the social and psychological implications of error in persona, especially how the public views cases of wrongful arrest and its impact on public trust in law enforcement officials. Thus, this research is expected to make a significant contribution to the development of better legal policies, as well as provide constructive recommendations to prevent the recurrence of arrest errors in the future.
principles of justice and legal certainty
Copyright (c) 2024 Amalia Tasya (Author) https://creativecommons.org/licenses/by-sa/4.0