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The scope of pretrial authority is regulated under Article 77 of the Indonesian Criminal Procedure Code (KUHAP), with an extension of authority introduced through the Constitutional Court Decision Number 21/PUU-XII/2014. The evidentiary process in pretrial proceedings is governed by Article 2 paragraphs (2) and (4) of the Supreme Court Regulation of the Republic of Indonesia Number 4 of 2016 concerning the Prohibition of Judicial Review of Pretrial Decisions. However, in practice, petitions for pretrial often address matters beyond this prescribed authority. Moreover, there remains a disparity in judicial reasoning across different judges, particularly with respect to the evaluation of evidence in the determination of a suspect.The legal issues examined in this study are: (1) whether the expansion of the pretrial authority’s scope has led to multiple interpretations among law enforcement officers, and (2) how the evidentiary process in pretrial proceedings aligns with the principle of legal certainty. This thesis employs normative legal research using statutory, conceptual, and case approaches. The findings of this thesis reveal that the expansion of pretrial authority has indeed created multiple interpretations among law enforcement officials, owing to inconsistencies in pretrial decisions that result from judicial discretion. Furthermore, the evidentiary process in pretrial proceedings ought to be limited to the formal aspects of investigative or prosecutorial actions. Nevertheless, certain pretrial rulings have considered the substance and quality of evidence, and even assessed the conduct of the suspect. Such practices undermine legal certainty for justice seekers. Therefore, the Supreme Court should issue more concrete regulations concerning the scope of pretrial and the evidentiary standards applicable in pretrial proceedings.

This study discusses the accountability of perpetrators of online gambling crimes in Indonesia from the perspective of applicable positive law. Online gambling is a form of cybercrime that has developed along with advances in information and communication technology, and has various negative impacts on society, including economic losses, moral damage, and increasing crime rates. The main focus of this study is to examine how legal regulations in Indonesia, especially in the Criminal Code (KUHP), the Electronic Information and Transactions Law (UU ITE), and other related regulations, regulate and ensnare online gambling perpetrators, both as the main perpetrators, platform providers, and service users. This study uses a normative juridical method with a statutory approach and a case approach. Data were obtained through literature studies and analysis of relevant court decisions. The results of the study show that although Indonesian positive law has regulated the prohibition of gambling, there are still gaps in norms and challenges in implementation, especially related to evidence, jurisdiction of cross-border perpetrators, and adaptation of law enforcement officers to digital modus operandi. The conclusion of this study emphasizes the need for synchronization of regulations and increased law enforcement capacity, including the formation of more comprehensive special regulations regarding online gambling crimes. This is important so that the criminal responsibility of the perpetrator can be enforced effectively within the framework of justice and legal certainty.

The development of information technology has facilitated access to various digital services, including online gambling. Online gambling is widely promoted by influencers on social media. This raises legal issues, considering that gambling is prohibited in Indonesia. Online gambling is often portrayed by influencers as an instant financial solution, enticing many people, especially the youth, who are easily influenced, to participate. The purpose of this study is to analyze the legislation related to the promotion of online gambling and assess the effectiveness of law enforcement related to such content on social media. The research method used is normative legal research, utilizing primary legal sources such as the ITE Law No. 11 of 2008, updated with Law No. 19 of 2016, and Article 303 of the Criminal Code. Law enforcement must be strengthened through cyber patrols, site blocking, and public education to raise awareness of the risks of online gambling. This study provides guidance for policymakers in designing preventive and repressive measures to combat the promotion of online gambling in Indonesia.

Online gambling is a form of cybercrime that utilizes information and communication technology, especially the internet, as a medium to commit gambling crimes. Online gambling as a form of cybercrime has become an increasingly widespread phenomenon in line with the rapid development of information and communication technology. Gambling that was previously only known conventionally is now transforming into the digital realm by utilizing the internet as the main media. This research uses a theoretical study of online gambling as cybercrime. This research uses a qualitative approach with an analytical descriptive method. The types of data used are primary data in the form of laws and regulations (ITE Law, Criminal Code), online gambling case documents, official police reports, as well as academic literature and scientific articles related to cybercrime and online gambling. Meanwhile, secondary data is obtained from observation of the investigation process and law enforcement carried out by the cybercrime unit in the police. The data collection technique uses Library Research to collect secondary data relevant to cybercrime legal regulations and theories. The data analysis technique uses qualitative analysis techniques with a descriptive approach. Online gambling is expressly prohibited by Indonesian laws and regulations, especially through Law No. 11/2008 on Electronic Information and Transactions (ITE Law) and its amendments, such as Law No. 19/2016 and Law No. 1/2024. Article 27 paragraph (2) of the ITE Law prohibits any person from distributing, transmitting, or making accessible electronic information containing online gambling content, with imprisonment of up to 10 years and a maximum fine of IDR 10 billion in the latest amendment. In addition, the Criminal Code (KUHP) regulates gambling in general in Articles 303 and 303 bis, with criminal penalties that are also quite severe, although they do not specifically regulate online gambling. Law enforcement against online gambling faces various complex challenges. The existing regulations are still partial and not fully able to accommodate the cross-border and dynamic characteristics of cybercrime.Proof of online gambling cases relies heavily on electronic evidence that requires digital forensic expertise,such as imaging the perpetrator's device and server,as well as analyzing activity logs and electronic transactions

The exploitation of children by parents through forced begging is a serious violation of children's rights protected by national law. This study aims to analyze legal protection for children based on Law Number 35 of 2014 concerning Child Protection and the Indonesian Penal Code (KUHP). The research method used is normative juridical with a statutory approach. The analysis shows that the state firmly prohibits the exploitation of children and imposes criminal sanctions on parents who force their children to beg. This protection includes both preventive and repressive measures. The Penal Code also strengthens child protection through provisions regarding criminal acts against minors. However, the implementation faces obstacles such as economic conditions, cultural factors, and lack of supervision. Strengthening legal enforcement and raising public awareness are necessary to ensure that child protection is effectively carried out. This study concludes that although legal instruments are available, concrete steps are still needed to eliminate child exploitation practices within the family environment.

The phenomenon of online gambling has become a serious concern in Indonesia, as it provides very easy access for all groups, including teenagers and underage children, to engage in gambling practices. This study aims to examine and analyze the punishment for online gambling offenders from two perspectives: Indonesian positive law and Islamic law. Under national law, Article 303 of the Indonesian Criminal Code (KUHP) regulates criminal sanctions for gambling in any form, including digital formats. Meanwhile, Islamic law strictly prohibits all forms of gambling due to elements of speculation (gharar), one-sided loss, and its contradiction with moral values. This study uses a qualitative approach through literature review by analyzing legal sources such as the Criminal Code, legislation, hadiths, as well as fiqh and tafsir literature. The results show that both Islamic law and national law share common ground in prohibiting gambling and imposing sanctions, although they differ in their methods of implementation. Firm law enforcement and preventive measures are necessary to protect society, especially the younger generation, from the harmful impacts of online gambling.

The rapid development of information technology has brought various conveniences to human life, but it also brings new challenges in the form of cybercrime threats. One of these threats is cyberstalking, which is the act of stalking, harassment, or threats through digital media. Cyberstalking utilizes the anonymity of technology to violate the privacy, dignity, and psychological safety of the victim. In Indonesia, the regulation of cyberstalking is implicitly regulated through Law Number 11 of 2008 concerning Electronic Information and Transactions (ITE Law) or in its latest amendment, namely in Law Number 1 of 2024 concerning the Second Amendment to Law Number 1 of 2008 concerning Electronic Information and Transactions and the Criminal Code (KUHP). However, these regulations have not been able to cover the multidimensional dimensions of the crime, such as non-verbal harassment or emotional threats through digital media. This article analyzes cyberstalking in the perspective of Indonesian criminal law by highlighting the existing legal vacuum and the importance of regulatory reform based on the principles of legality, legal certainty, and protection of individual rights. Recommendations include revising the ITE Law, strengthening the capacity of law enforcers, and increasing public awareness to deal holistically with the threat of cyberstalking. With these steps, it is hoped that legal protection for victims can be improved in line with technological developments.

The development of corruption nowadays is accompanied by other crimes related to hide assets from corruption and one way of it is by money laundering mechanism. The mechanism of it is contained in the Criminal Code, Criminal Procedure Code, Law No. 20/2001 jo. Law No. 31/1999 concerning the Eradication of Corruption and Law No. 8/2010 concerning Prevention and Eradication of the Crime of Money Laundering. There are also international legal instruments adopted to strengthen efforts to seize assets from criminal acts of corruption, such as UNCAC which was ratified by the Government of Indonesia into Law Number 7/2006 concerning Ratification of the UNCAC on April 18, 2006. Indonesia needs a regulation that has stronger legal force and has a special mechanism regarding the mechanism for the confiscation of assets and assets that are suspected of being obtained as a result of corruption. It can be suggested to the Government and the legislature to encourage the discussion and passing of the asset confiscation bill’s immediately.

This study discusses a legal analysis of the differences between criticism and defamation in Indonesian law, especially in the Criminal Code (KUHP) and Law Number 1 of 2024 concerning the Second Amendment to Law Number 11 of 2008 concerning Electronic Information and Transactions (UU ITE). The research method used is normative legal with a regulatory and contextual approach. The results of the study show that the Criminal Code and the ITE Law both provide protection for individual honor, but differ in the scope of application. The Criminal Code focuses more on conventional interactions, while the ITE Law regulates the electronic realm. Although it aims to protect the name well, the provisions in the ITE Law are considered to have weaknesses due to the potential for multiple interpretations that can threaten freedom of expression. Therefore, a proportional legal interpretation is needed to maintain a balance between protection of personal honor and respect for freedom.  

This study aims to describe the principles of legality in Indonesia and France. This study uses normative legal research methods, namely secondary legal materials in the form of data obtained from books and opinions of experts related to this study. The results of this study indicate that the principles of legality in Indonesia and France highlight the importance of legal certainty, human rights, and a sense of justice in the criminal law system. In Indonesia, the principle of legality has been regulated in the Criminal Code since 1946, but its application is often not pure because of the customary law that still applies. Although there have been amendment efforts, it often ends in a confusing system. Meanwhile, in France, the principle of legality developed from resistance to arbitrary power, which was emphasized in the Habeas Corpus Act in England in 1679. This principle gives parliament the authority to determine the components of violations and their sanctions, as a guarantee of the freedom of citizens from excessive tyrannical actions.

Abstract. The development of the era has driven various changes in the order of human life and forced humans to develop in a more advanced and modern life. As one proof that the development of the era is the increasingly advanced and sophisticated information technology that can be easily learned, accessed and utilized to support humans in carrying out their daily lives. The progress and sophistication of this technology has now had a great impact on life both in the socio-economic and socio-cultural aspects of society. society can easily utilize the sophistication of this technology wisely or it can also be misused. Crimes that often occur using online media are crimes in the form of online prostitution. The problem approach method used in this writing is the normative juridical method. Primary data collection techniques are obtained by conducting searches, inventories and reviewing regulations using literature studies including laws and regulations, books and articles in journals and scientific works. Criminal law enforcement against online prostitution in Indonesia still faces various obstacles. Criminal law enforcement against online prostitution in Indonesia is legally based on Law No. 1 of 2003 concerning Information and Electronic Transactions. 19 of 2016), Criminal Code, and Pornography Law No. 44 of 2008.    

The dissemination of information that cannot be proven true or what is often called fake news is very vulnerable today. In reporting, the press has a responsibility in the event of an objection to a news report. Based on the Press Law, the press is obliged to serve the right of reply and the right of correction to public complaints about press coverage. Regarding fake news in Indonesia, the regulations are contained in the Criminal Code, ITE Law, Broadcasting Law and other laws. This research aims to find out the regulations that become the legal umbrella for victims of fake news perpetrated by the press and the extent to which the press is responsible for fake news in the news. The research method used is a literature study using primary, secondary and tertiary legal materials.

This study aims to discuss the phenomenon of cohabitation (kumpul kebo) in the perspective of the Hadith Narrated by Bukhari and Muslim and its relevance in articles 411 and 412 of the Criminal Code. This study uses a descriptive analysis method with a normative legal approach through laws and regulations and the Hadith Book of Sahih al-Bukhari, and literature related to the research topic. The data collection technique uses a literature study with its analysis technique using qualitative data analysis, to understand the moral implications of adultery and to understand the sanctions for adultery in the context of cohabitation. This study also provides an understanding and education about the negative impacts of relationships without a legal marriage. The research findings show that cohabitation is considered a form of adultery that is detrimental to both parties, both from a religious and legal perspective. This study concludes by emphasizing the importance of a legal marriage relationship according to religion and the state and staying away from adultery.

Law enforcement holds a central role in shaping social order and ensuring the effective implementation of legal functions in Indonesia. The law is not merely a normative reference but must be strategically positioned as the fundamental basis for resolving disputes and conflicts that emerge within society. In this regard, Law No. 16 of 2004 concerning the Indonesian Prosecutor’s Office, particularly Article 2 paragraph (1), clearly stipulates that the Prosecutor’s Office is a state institution entrusted with exercising governmental authority in the field of prosecution, along with other responsibilities mandated by law. Within the framework of criminal justice, the Prosecutor’s Office assumes a pivotal role as Dominus Litis—the ultimate controller of criminal cases. This authority signifies that the Prosecutor’s Office is the only institution empowered to decide whether a particular case, supported by sufficient evidence in line with the Criminal Procedure Code, is eligible to be brought before the court. The prosecutor’s discretionary power in this context highlights its critical position in upholding justice and maintaining the integrity of legal proceedings. Beyond its prosecutorial function, the Prosecutor’s Office also bears the exclusive responsibility for executing criminal judgments, ensuring that court decisions are implemented properly and consistently with the rule of law. This dual function—both as Dominus Litis and executor of judicial decisions—underlines the institutional indispensability of the Prosecutor’s Office in the Indonesian legal system. The institution’s authority is therefore not limited to initiating prosecutions but also extends to safeguarding the finality and enforcement of criminal verdicts, which makes it a cornerstone in the broader architecture of law enforcement. Consequently, strengthening the role and capacity of the Prosecutor’s Office is essential for advancing justice, protecting the rights of citizens, and reinforcing the legitimacy of Indonesia’s legal order.

This research aims to analyse the authority of the Police Mobile Brigade Corps (Brimob) in handling mass riots and examine the implementation of criminal law in evaluating the actions taken during the operation. This research departs from the importance of ensuring that every action of law enforcement officials, especially Brimob, remains within the corridors of Indonesian positive law and is oriented towards the principles of human rights. The results show that the Brimob Corps has the legal authority under Law No. 2 of 2002 on the National Police of the Republic of Indonesia to deal with high-level situations, including mass riots. In carrying out its duties, Brimob is authorised to use coercive measures, but must still pay attention to the principles of necessity, proportionality, legality, and accountability. The implementation of criminal law is an important instrument in evaluating Brimob's actions, by assessing whether the use of force meets the elements of legal justification such as forced defence or official orders, in accordance with the Criminal Code and human rights principles. It is suggested that there is a need to improve legal training for Brimob members on the limits of the use of force and the implementation of criminal law principles in emergency situations. In addition, it is necessary to strengthen internal and external evaluation mechanisms, including cooperation with independent institutions such as Komnas HAM, to maintain transparency and accountability. Thus, the rule of law and the protection of human rights can be better upheld in every operation to handle mass riots by Brimob officers.

This research examines the sanctions against premeditated murder within the framework of Indonesia's positive law and Islamic law. The study focuses on analyzing Article 340 of the Indonesian Criminal Code and Hadith Sahih al-Bukhari No. 6878 as primary sources. The method employed is descriptive-analytical with a normative juridical approach, using literature review and qualitative analysis. The findings reveal that both legal systems regard premeditated murder as a serious violation of the right to life. The imposed sanctions aim not only to punish but also to protect social stability and uphold human dignity. The maqāṣid al-sharī‘ah approach, particularly the principle of protecting life, serves as a fundamental basis for these sanctions. This study recommends the integration of substantive justice values and the protection of the right to life in the future development of the national criminal law system.

This research examines the legal status of nominee agreements within Indonesia's civil law system and their legal consequences for the parties involved. Amid increasing foreign investment in Indonesia, the phenomenon of nominee agreements has created tension between global economic interests and the principle of nationalism in land ownership. Using normative legal research methods with statutory and conceptual approaches, this research analyzes nominee agreements within the framework of the Indonesian Civil Code and the Basic Agrarian Law. The findings reveal that nominee agreements have no valid legal status as they contradict Articles 21 and 26 paragraph (2) of the Basic Agrarian Law and fail to fulfill the lawful cause requirement under Article 1320 of the Civil Code. Doctrinally, these agreements fall under the category of absolute nullity (void ab initio) as they constitute a form of legal circumvention (fraus legis). The legal consequences for all parties are detrimental, Indonesian citizens acting as nominees potentially face criminal charges and loss of land rights, while foreign citizens as beneficial owners have no legal protection for their investments.

In handling corruption crimes, prosecutors can act as investigators and also as public prosecutors, so their role in eradicating corruption crimes by means of a penalty is very dominant, by means of a penalty meaning eradication of criminal acts by using criminal law in handling them. Until now, there are still many corruption cases whose investigations are carried out by prosecutors. However, there are different opinions regarding whether prosecutors have the actual authority as investigators of corruption crimes. This issue has emerged long before the Corruption Eradication Commission was established, especially after the Criminal Procedure Code was enacted, and the debate continues to this day.

This paper analyzes the legal disharmony between the Indonesian Standard Industrial Classification (KBLI) Code 92000, which classifies gambling as a business activity, and Article 303 of the Indonesian Penal Code (KUHP), which criminalizes gambling. Using a normative legal research method supported by theoretical foundations from legal certainty, legal harmonization, and sociological jurisprudence, the paper explores the philosophical, sociological, and juridical ratio legis behind this classification. The research concludes that the classification under KBLI is administrative and does not legitimize gambling activities. The paper suggests harmonization mechanisms to resolve legal contradictions and ensure regulatory coherence.  Address the normative conflict and avoid further interpretive ambiguities, this paper proposes a series of harmonization mechanisms. First, there should be a revision or annotation of KBLI Code 92000 to clarify that its inclusion of gambling is not a recognition of its legality under Indonesian law. Second, greater inter-agency coordination is necessary, especially between the institutions responsible for economic classifications and those enforcing criminal law. Third, legislative synchronization efforts must be enhanced through the establishment of an integrated legal drafting mechanism to ensure that new or revised regulations do not conflict with existing criminal statutes.

Abstract Indonesia is a country based on law and not based on mere power. A rule of law has a commitment to uphold every human right (HAM) and guarantees that every citizen has equal status before the law. Law has the aim of achieving peace, justice and benefits for society, in order to achieve order and tranquility in order to realize the supremacy of law. To realize legal supremacy, law enforcers are needed. This research uses a type of normative legal research, which is carried out by looking at secondary data or library sources which include primary and secondary legal documents. Criminal justice mechanisms in Indonesia still involve neglect of the Procedural Code. Criminal Procedure Code (KUHAP), especially in article 56. This is caused by law enforcers who think that the state is only obliged to offer and provide legal advice to accompany the defendant. If sanctions are not regulated for refusing to provide legal advice to the defendant, this will result in losses for the defendant in the investigation process starting from the police level to the judicial process, in which case it can be said that there is a legal vacuum. Keywords: Article 56 KUHAP, Legal Certainty, Legal Justice