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This study examines the Hybrid Model of Restorative Justice from a comparative perspective between Civil Law and Common Law systems as a reflection of the transformation of criminal law policy. The Civil Law system, rooted in legal positivism, emphasizes formal legal certainty through codification, whereas the Common Law system allows broader judicial discretion and judge-made law. These differing paradigms significantly influence the development and implementation of restorative justice. Indonesia, as a Civil Law country, has demonstrated a shift toward a hybrid legal policy by incorporating Common Law values into its criminal justice reforms, particularly through the National Criminal Code. This research employs a normative juridical method using conceptual, statutory, and comparative law approaches. The findings indicate that the Hybrid Model of Restorative Justice represents a strategic legal policy choice aimed at harmonizing legal certainty and substantive justice in accordance with the Pancasila legal ideals.

This research is grounded in the enactment of Law Number 1 of 2023 concerning the National Criminal Code, which raises normative questions regarding the legal status of gratification within Indonesia’s anti-corruption framework. The study aims to analyze the normative position of gratification following criminal law codification and to assess its implications for evidentiary mechanisms under the Anti-Corruption Law. Employing a normative legal research method, this study applies statutory and conceptual approaches through comprehensive literature review of primary and secondary legal sources. The findings indicate that gratification remains regulated under the Anti-Corruption Law as lex specialis and is not nullified by the National Criminal Code. The reversal of the burden of proof mechanism continues to apply, although its interpretation must align with fundamental criminal law principles such as culpability and proportionality. The study concludes that systematic harmonization between both legal regimes is essential to ensure legal certainty and strengthen anti-corruption enforcement.

Discretion exercised by election management bodies constitutes an administrative instrument that is functionally necessary to prevent stagnation in electoral processes under conditions of legal vacuum, normative ambiguity, or extraordinary circumstances. However, in practice, discretionary decisions often generate public concern and expose election officials to the risk of criminalization, particularly when such discretion is assessed through a formalistic and result oriented criminal law paradigm. This study aims to analyze the construction of criminal liability of election administrators for the use of discretion in conditions of electoral stagnation, by examining the paradigm shift from the old Indonesian Criminal Code to the new Criminal Code and its implications for criminal law enforcement under the Criminal Procedure Code. This research employs a normative legal method using statutory, conceptual, and case approaches. The findings reveal that the old Criminal Code tended to facilitate policy criminalization by emphasizing formal violations and objective consequences, whereas the new Criminal Code introduces a substantive approach centered on subjective fault, official purpose, and rationality of action. Nevertheless, the lack of synchronization with the Criminal Procedure Code which remains focused on conventional evidentiary standards causes discretionary actions of election administrators to remain legally ambiguous. Therefore, harmonization between substantive criminal law and criminal procedure law, along with a transformation in law enforcement reasoning, is essential to ensure that discretion exercised by election officials is assessed proportionally, contextually, and in line with democratic principles.

The reform of Indonesia’s criminal law through Law Number 1 of 2023 concerning the Criminal Code (KUHP) marks a fundamental shift in the national criminal justice system, particularly through the formal recognition of the living law as law that lives within society. This article analyzes the correlation between living law and the principle of legality within the context of national criminal law reform. The study employs a normative juridical method with statutory, conceptual, and comparative approaches to examine how the 2023 Criminal Code seeks to balance legal certainty with substantive justice. The findings indicate that the regulation of the principle of legality in Article 1 of the KUHP remains the primary foundation for ensuring the protection of individual rights and preventing arbitrary state actions. However, the recognition of living law under Article 2 of the KUHP expands the sources of criminal law beyond written statutes to include social values living within the community, insofar as they are consistent with Pancasila, general legal principles, and human rights. The relationship between the principle of legality and living law in the 2023 KUHP is not antagonistic but rather complementary and harmonious. Living law enriches the legality principle substantively through moral and social justice dimensions, while the legality principle serves as a normative safeguard to maintain legal certainty and prevent the abuse of power. Therefore, the integration of both principles reflects a new paradigm of Indonesian criminal law that is pluralistic, just, and civilized, reaffirming the nation’s legal politics grounded in Pancasila values and the principles of a democratic rule of law.

The enactment of Law Number 1 of 2023 concerning the Criminal Code (KUHP) marks a historic milestone in the reform of Indonesia's criminal law system. This study examines the fundamental changes from the old Criminal Code (Wetboek van Strafrecht) to the new National Criminal Code, focusing on the paradigm shift from retributive justice to restorative justice as a form of law enforcement reform. Using a normative juridical method with a statutory and comparative approach, the study analyzes the philosophical, structural, and substantive transformation embedded in the new Criminal Code. The findings indicate that the new Criminal Code introduces significant reforms including the adoption of the dualistic theory separating criminal acts from criminal liability, the recognition of living law, the expansion of criminal subjects to include corporations, the formulation of sentencing guidelines based on restorative principles, and the integration of Pancasila values as the moral foundation of the criminal law system. The case of corruption prosecution involving the Chromebook laptop procurement at the Ministry of Education illustrates the ongoing challenges of criminal law enforcement during this transitional period. This research concludes that the transition from the old to the new Criminal Code constitutes a comprehensive legal reform that transforms not only normative substance but also the fundamental paradigm of criminal law enforcement in Indonesia

The crime of receiving stolen goods, as regulated in Article 480 of the Criminal Code (KUHP), is an offence that plays a crucial role in the continuation of the principal crime, particularly theft. Receivers provide a market for stolen goods, thereby indirectly encouraging perpetrators to continue their actions. This article aims to analyse the implementation of Article 480 of the KUHP in judicial practice, with a focus on proving the element of ‘knowing or reasonably suspecting’ that the goods purchased were obtained through criminal activity. This study uses a qualitative method with a case study approach through direct observation of a trial at the M. District Court. The observations show that the panel of judges successfully proved the defendant's guilt as a fence through a series of trial facts, such as the unreasonable purchase price, consistent testimony from the perpetrator of the theft, and the defendant's own admission that he had been suspicious. The judge's decision, which was lighter than the prosecutor's demands, also reflected considerations of substantive justice and humanity in addition to legal certainty. This study concludes that the effective enforcement of Article 480 of the Criminal Code in court plays an important role in breaking the chain of crime and providing a deterrent effect not only for the main perpetrators but also for those who participate in enjoying the proceeds of crime.

This study aims to examine the judge's considerations in rendering decisions in aggravated theft cases at the Medan District Court, with an emphasis on the balance between legal and non-legal aspects in realizing substantive justice. The issue of disparate sentencing that frequently arises is the main background of this study. The methods used are an integrated normative legal approach and an empirical legal approach. The normative approach is used to examine the provisions of Article 363 of the Criminal Code (KUHP) and the legal principles that govern the judge's considerations, while the empirical approach is carried out through direct observation of the trial process and analysis of the judge's decision. The results of the study indicate that the judge in case Number 1110/Pid. B/2025/PN Medan not only complied with legal aspects such as fulfilling the elements of the crime, evidence, and the application of the principle of legality, but also considered non-legal aspects such as the socio-economic conditions, age, and motives of the defendant. These considerations demonstrate the application of the principles of criminal individualization and proportional justice. In addition, the judge also considered moral values ​​and social benefits in his decision, which is in line with Gustav Radbruch's theory of three basic legal values: justice, legal certainty, and utility. This study concludes that the thinking patterns of judges at the Medan District Court reflect a shift toward substantive and restorative justice paradigms. It is recommended that the Supreme Court strengthen integrated sentencing guidelines to avoid disparities in sentencing and encourage the adoption of a rehabilitative approach for offenders with low economic motivations.

This study examines the distortion between civil and criminal perspectives in the legal considerations (ratio decidendi) of Judex Juris in Supreme Court Decision Number 121K/Pid.Sus/2020. The decision lacks substantial criminal law considerations regarding the alleged corruption offense. Instead, the legal reasoning focuses on the fault or negligence of company directors, particularly the exception under Article 97 of Law Number 40 of 2007 concerning Limited Liability Companies, which embodies the Business Judgment Rule doctrine. Furthermore, these considerations are distorted by tort (onrechtmatige daad) as regulated in Article 1365 of the Civil Code juncto Article 138 paragraph (1) letter b of the Company Law. This research employs a legislative approach by analyzing various legal instruments, including the 1945 Constitution, the Criminal Code, the Criminal Procedure Code, the Limited Liability Company Law, State-Owned Enterprises Law, Judicial Power Law, Supreme Court Law, and the Corruption Eradication Laws. A conceptual approach is also utilized to examine theoretical concepts concerning corporate crime, directors' liabilities, state losses, tort, negligence from criminal and civil perspectives, business judgment rules, collective collegiality principles, and formal-material classification of legislation. The data comprises primary legal materials (legislation and court decisions) and secondary legal materials (legal literature and scientific journals). Analysis is conducted qualitatively by interpreting legal principles and their relevance to the court's considerations in the decision.

This research is motivated by the phenomenon of theft committed by 15-year-old adolescents in market environments, which creates tension between criminal law enforcement and the principle of child protection in the Indonesian legal system. The study aims to analyze the legal regulations of theft under the old Criminal Code (Law No. 1 of 1946), the new Criminal Code (Law No. 1 of 2023), and the Juvenile Criminal Justice System Law; to examine the criminal liability of adolescents from the perspective of criminal law theory; and to review the implementation of restorative justice and diversion. The research method used is normative legal research with statutory, conceptual, and case approaches, particularly reviewing the provisions of Article 591 of the new Criminal Code, the theory of fault, and the principle of proportionality. The results indicate that the criminal liability of children must take into account psychological limitations, maturity levels, and criminogenic factors, including the influence of the social environment. Furthermore, the mens rea element in the phrase "known or reasonably suspected" is difficult to apply in practice to transactions involving small losses, as price reasonableness can obscure indications of malicious intent. This finding affirms that imposing criminal penalties on children in cases of petty theft potentially contradicts the principles of ultimum remedium and proportionality. Therefore, law enforcement should prioritize diversion, mediation, and restorative justice approaches by involving families and communities to achieve substantive justice and prevent excessive criminalization of children.

This study analyzes the construction of criminal liability in the crime of handling stolen goods, focusing on situations where the perpetrator purchases or receives goods without knowing they are the result of a crime, especially when the economic value is relatively small, i.e., below Rp5,000,000. This normative study uses a legislative approach by examining Article 591 of Law Number 1 of 2023 on the Criminal Code (KUHP), as well as a conceptual approach to the theory of fault (schuld) and the principle of proportionality. The study's findings show that in transactions involving low-value goods, proving the subjective element of "knowing or should have known" becomes highly problematic because the element of intent (dolus) is often not met without objective suspicious indications. The concept of price fairness plays a key role as the primary indicator of normal transactions and weakens the assumption that the perpetrator should suspect the illegal origin of the goods. This study recommends that law enforcement consider using non-criminal mechanisms, such as restitution or mediation, to achieve substantive justice and avoid excessive criminalization.

The crime of receiving stolen goods, as regulated in Article 480 of the Criminal Code (KUHP), is an offence that plays a crucial role in the continuation of the principal crime, particularly theft. Receivers provide a market for stolen goods, thereby indirectly encouraging perpetrators to continue their actions. This paper investigates how Article 480 of the KUHP in judicial practice, with a focus on proving the element of ‘knowing or reasonably suspecting’ that the goods purchased were obtained through criminal activity. This study uses a qualitative method with a case study approach through direct observation of a trial at the M. District Court. The observations show that the panel of judges successfully proved the defendant's guilt as a fence through a series of trial facts, such as the unreasonable purchase price, consistent testimony from the perpetrator of the theft, and the defendant's own admission that he had been suspicious. The judge's decision, which was lighter than the prosecutor's demands, also reflected considerations of substantive justice and humanity in addition to legal certainty. This study concludes that the effective enforcement of Article 480 of the Criminal Code in court plays an important role in breaking the chain of crime and providing a deterrent effect not only for the main perpetrators but also for those who participate in enjoying the proceeds of crime.  

This study examines the renewal of the Criminal Procedure Code (KUHAP) Baru as an effort to synchronize with the Criminal Code (KUHP) 2023, as well as analyzing crucial articles that potentially cause legal uncertainty in the criminal justice process in Indonesia. Using a juridical-normative method with a descriptive-analytical approach, this research analyzes secondary data from primary, secondary, and tertiary legal materials. The results show that KUHAP Baru successfully addresses some of the mismatches with KUHP 2023 through regulations on alternative punishments, corporate accountability, and protection for vulnerable groups, but still faces conceptual and technical challenges such as legislative disharmony and minimal public participation. On the other hand, crucial articles such as Articles 5, 16, 74, 90, 93, 105, 112A, 124, 132A, and 137A pose risks of legal uncertainty due to the expansion of law enforcement authority without adequate oversight, which can violate the due process principle and human rights. The study's conclusion emphasizes the need for further revisions to strengthen legal certainty and harmonize the criminal justice system.

One example of a case of falsified documents in the issuance of overlapping land certificates occurred in East Luwu Regency and was raised in court through Decision Number 90/Pid.B/2020/PN MII. In this case, it was discovered that land certificate falsification was carried out by a land mafia, resulting in the emergence of two certificates for the same plot of land. This practice not only harms the legitimate owner but also creates laws and gives rise to complex agrarian conflicts. This research uses a normative juridical method, with an approach based on laws and court decisions. The results show that the preservation was an intentional act carried out by one party, with the aim of controlling land rights that did not belong to him. In the decision, the perpetrator was found guilty and sentenced because it was also proven to have falsified documents, as stipulated in Article 263 of the Criminal Code (KUHP). From this case, it can be concluded that law enforcement against overlapping duplicate certificates is very important to ensure legal certainty and protection. Protection efforts for land rights holders are carried out through a land registration process that complies with procedures based on Law Number 5 of 1960 concerning the Principles of Agrarian Law. Compliance with these procedures can provide a strong basis for identifying legitimate rights holders and preventing future damage, including cases of overlapping certificates caused by document falsification. To prevent the recurrence of similar cases, it is necessary to improve the monitoring system and digitize land data comprehensively by the National Land Agency (BPN). An integrated digital-based land system can minimize the opportunity for the issuance of duplicate certificates for a single plot of land, because all land rights data can be accessed and disclosed transparently and in real time.

One form of crime that is highly relevant in the context of today's society is the crime of embezzlement in office. This embezzlement can be defined as a dishonest act committed by one or more individuals by hiding goods or property belonging to another person without the owner's knowledge. This action aims to transfer ownership of the goods, which can be categorized as theft, taking possession of goods, or using the goods for unauthorized personal gain. In many cases, embezzlement in office often involves individuals who have access or authority over company assets, making it easier for them to commit misuse. This study applies a normative juridical research method to analyze existing problems in the context of criminal law. This method allows researchers to explore and understand applicable legal norms and how they are applied in real cases. The results of the study show that the Judge's Ratio Decidendi in imposing sanctions on cases of embezzlement in office, as stated in Decision Number 542/Pid.B/2023/PN Cbi and Decision Number 355/Pid.B/2024/PN Cbi, is based on a number of in-depth legal considerations. In this case, the judge first explained the elements contained in Article 374 of the Criminal Code (KUHP) charged by the public prosecutor. The defendant was found guilty of committing embezzlement in office by embezzling company funds for personal gain. Therefore, the defendant was sentenced commensurate with his actions, which violated Article 374 of the Criminal Code. Criminal liability for the perpetrator of the crime of embezzlement in office has been legally and convincingly proven, with all elements of the charge having been fulfilled. This indicates that the perpetrator can be subject to sanctions in accordance with applicable legal provisions, thus providing a deterrent effect and upholding justice in the criminal law system. This research is expected to contribute to the development of understanding regarding embezzlement in office and its legal implications in Indonesia, as well as encourage more effective law enforcement in handling similar cases in the future.

The development of digital technology has provided convenience in various aspects of life, but also presents new challenges in the form of cybercrime. One of the increasingly widespread modes in Indonesia is the spread of APK (Android Package Kit)-based malware via short messages offering fake job vacancies or fictitious package notifications. When the victim downloads and installs the application, the perpetrator gains access to personal data and banking accounts, which are then used for criminal acts. This phenomenon causes great financial and emotional losses for the community and tests the effectiveness of criminal law in dealing with technology-based cybercrime. This study uses a normative juridical approach with an analysis of laws and regulations, scientific literature, and actual case studies. The results of the study show that the perpetrators can be charged with Articles 30, 32, and 35 of the ITE Law, as well as provisions in the new Criminal Code. However, the implementation of law enforcement still faces challenges, such as digital evidence, limited investigator capacity, and minimal cross-country cooperation. Therefore, cyber law policy reform, increasing digital literacy in the community, and strengthening coordination between law enforcement agencies are needed.

The reform of criminal law in Indonesia through Law No. 1 of 2023 concerning the Criminal Code (KUHP) marks an important paradigm shift in the criminal justice system, especially related to the protection of victims of crimes. So far, the orientation of the Criminal Code of colonial heritage has emphasized more on the perpetrators of crimes, while victims are often positioned passively and marginalized. This article aims to critically examine the extent to which Law No. 1 of 2023 strengthens the rights of victims, both in material and procedural aspects. With a normative juridical approach and an analysis of the new norms in the National Criminal Code, this article finds that a number of provisions, such as the victim's right to restitution, participation in judicial proceedings, and identity protection, reflect a greater recognition of the interests of the victim. However, in practice, there are still implementation challenges, including limitations in the mechanism for the implementation of these rights, as well as potential inequalities in access to justice. Therefore, it is necessary to strengthen derivative regulations, socialization, and synergy between law enforcement agencies to ensure that victim protection runs effectively and fairly.

Domestic violence (KDRT) is a form of human rights violation that occurs in the domestic space and has a wide impact on the integrity of the family. The reform of the criminal law through Law No. 1 of 2023 concerning the Criminal Code marks a more serious recognition of domestic violence as a criminal act. This article aims to examine the update of the criminal rules against domestic violence perpetrators in the new Criminal Code and examine it from the perspective of Islamic law. Using a normative juridical approach and comparative analysis, this study found that the new Criminal Code has adopted a more progressive approach to victim protection, including in criminal arrangements against perpetrators. On the other hand, Islamic law views domestic violence as a violation of the principles of justice, compassion, and moral responsibility in the family. Criminalization in Islam is preventive and corrective, and emphasizes a just solution, not merely repressive. Therefore, the reform of the national criminal law needs to be harmonized with Islamic values, in order to establish a penal system that is not only legally just, but also ethically and socially.

The ratification of the new Criminal Code (KUHP) through Law Number 1 of 2023 marks an important milestone in the history of Indonesian criminal law. The new Criminal Code replaces the colonial product that has been in place for more than a century and brings significant updates, especially in the regulation of gender-based crimes such as sexual and psychological violence. The recognition of these forms of violence is a response to the demands of civil society and is part of Indonesia's commitment to international human rights instruments. However, the effectiveness of such arrangements still faces serious challenges, such as the narrowness of the criminal formulation, the high burden of proof, and the potential for gender bias in the criminal justice system. In this context, criminal law should not only be a means of repression, but also carry out preventive and protective functions through holistic criminal policies. An integrative approach that combines penal and non-penal strategies is important to address the complexity of gender-based violence that is structural and multidimensional. This article aims to critically evaluate the provisions of the new Criminal Code related to sexual and psychological violence in the perspective of gender-responsive criminal policy. The evaluation was carried out taking into account the principles of restorative justice, the protection of victims' rights, and the need for social transformation that supports equality and non-discrimination. The results of this study are expected to be an input for the improvement of a criminal law system that is fairer and on the side of victims, especially women and other vulnerable groups.

The enactment of Law No. 1 of 2023 concerning the Criminal Code (KUHP) has brought a number of controversies, one of which is related to the revival of provisions regarding the criminal act of insulting the President and Vice President. This article aims to critically examine these provisions in the perspective of the freedom of expression guaranteed by the Indonesian constitution and international human rights instruments. This research uses a normative juridical approach with an analysis of the norms in the new Criminal Code, the 1945 Constitution, as well as international treaties such as the International Covenant on Civil and Political Rights (ICCPR). The results of the study show that although the provision of insulting the President in the Criminal Code is only referred to as a complaint offense and is framed to protect the dignity of state institutions, the provision still has the potential to limit freedom of opinion excessively. In addition to risking opening a loophole for criminalization of legitimate public criticism, this rule also has the potential to contradict the principles of non-discrimination and accountability of public officials in a democratic country. Therefore, an in-depth evaluation of the formulation of norms and their application is needed so that they do not conflict with the spirit of democracy and the protection of human rights.   Keywords: , , , , .

Optimization of the justification for the establishment of prisoner guidance so far, is based on policies that maintain the types of criminal penalties as regulated in Article 10 of the Criminal Code. Prisoner guidance is one type of sanction in criminal law that is often used as a means to overcome crime problems. The use of prisoner guidance as a means to punish perpetrators of criminal acts began in the late 18th century which was based on the ideology of individualism and the humanitarian movement. Prisoner guidance increasingly plays an important role and shifts the position of the death penalty and corporal punishment which are considered cruel.In general, the image of prison is a very scary place, not getting good food, sleeping on the floor and being bitten by mosquitoes, there is torture and it is very uncomfortable, it is difficult to communicate with the outside world and family, there is no entertainment and suffering and limited in everything. Teguh Prasetyo, explained that prison gives an image to the general public, as a place where criminals are deprived of their freedom and tortured and employed or trained so that they can form good behavior and character after leaving prison. Therefore, the image was changed to prisoner development. The image of prison that gives a scary image to the general public, aims to provide a deterrent element for criminals, so that they become aware and change their evil attitudes and behavior. Based on the background above, the following problem formulation is determined: How to Optimize the Implementation of Prisoner Development in Changing Behavior Towards Inmates?. This research is an empirical legal research, which examines the optimization of the implementation of prisoner guidance in changing the behavior of inmates carried out at the Class III Langkat Youth Penitentiary. The implementation of empirical legal research aims to see the empirical conditions of the optimization of the implementation of prisoner guidance in changing the behavior of inmates at the Class III Langkat Youth Penitentiary, as well as its influence on changes in prisoner behavior.