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Pane, Musa Darwin; Endang Renika Siahaan, Genesistha

DINAMIKA HUKUM 2025 Universitas Stikubank

The use of criminal law in crime prevention efforts tends to only function as a treatment step for symptoms that appear, not as a tool that is able to eliminate the root causes of crime itself. Criminal law focuses on imposing sanctions on perpetrators as a form of retribution and special prevention, but often does not touch on the underlying factors that drive a person to commit a crime, such as economic conditions, social environment, and education. One of the most frequent forms of crime in society is theft, which reflects the existence of structural problems that have not been fully resolved This research uses a descriptive method of analysis. Where the analysis is carried out in accordance with the provisions of the rule of law with a conceptual approach, which refers to the provisions of the law and other legal disciplines. The type of approach in this research is carried out through normative juridical means. By doing legal interpretation associated with legislation, it also examines and tests secondary data, namely primary legal material in the form of the Criminal Code Article 362 concerning Theft, secondary legal material in the form of doctrine or expert opinion, and tertiary legal material in the form of papers, articles and others, The conclusion of this research is that theft is a criminal offense in the Criminal Code which is classified based on the method, place and conditions of its implementation. Article 362 of the Criminal Code defines theft as the act of taking property belonging to another person unlawfully for possession. In addition, there are other types of theft, such as theft with aggravation (Article 363), theft with violence (Article 365), petty theft (Article 364), and theft in the family (Article 367), each with different sanctions. Keywords : Responsibility, theft, Criminal Code.

Dahlan Sitohang

Deposisi: Jurnal Publikasi Ilmu Hukum 2025 International Forum of Researchers and Lecturers

Land purchase transactions in Indonesia, which often involve customary practices and are governed by law, require a written agreement, such as a Sale and Purchase Agreement (PPJB), to prevent conflicts. The PPJB binds both parties and is subject to civil law. In case of a breach of contract, the agreement may be canceled through the court. A breach of contract accompanied by fraud can result in criminal liability, and the affected party may file a civil lawsuit to annul the transaction. This study aims to (1) examine the legal consequences for the parties following the cancellation of a sale and purchase agreement for land rights by the court due to breach of contract; and (2) explore the legal protection available in the cancellation of such agreements in Indonesia. The research method employs a normative legal approach with a literature review, analyzing relevant laws, theories, and court decisions through primary and secondary legal materials. The analysis is qualitative, linking court decisions to the issues addressed in the study. The findings indicate that, in contract law, particularly in land sales, certain principles and conditions govern the validity of agreements. In the event of a breach of contract, the injured party may seek to annul the agreement in court if subjective (agreement, capacity) or objective (valid object and cause) requirements are not met. Cancellation of the agreement restores the parties to their original positions, allowing for the return of any goods exchanged. A breach of contract, where one party fails to fulfill its obligations, may lead to cancellation and compensation. Contract law provides legal protection to the injured party, including the right to demand performance, annulment, and compensation as outlined in the Civil Code.

Ivan Zairani Lisi; Khristyawan Wisnu Wardana; Deny Slamet Pribadi

International Journal of Law, Crime and Justice 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Sexual violence in the digital space can occur in various motives, such as Flaming, which is an act of harassment committed personally on social media, where the perpetrator insults, attacks, or humiliates the victim through abusive words, private photos, or messages that lead to sexual activity. In the context of digital sexual violence. This form of harassment aims to cause the victim distress, fear, or embarrassment, and can cause psychological trauma. To protect victims, the law needs to impose sanctions against sexual harassment committed through electronic media. In the Indonesian legal system, several laws have been implemented to follow up and address this kind of crime, including the Electronic Information and Transaction Law (ITE Law), the Criminal Code (KUHP), and the Sexual Violence Crime Law (TPKS Law), so that perpetrators of sexual violence in digital spaces are expected to be subject to strict criminal sanctions. Laws are an important step in law enforcement and victim protection. However, effective implementation and public education are needed to achieve these goals. Therefore, there is a need for training for law enforcement officials to better understand and be able to handle appropriate cases of digital sexual violence and community counselling and public education to increase public awareness of electronic sexual violence.

Fiba Demada

Referendum : Jurnal Hukum Perdata dan Pidana 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Currently, the Draft Criminal Code has been passed into Law No. 1 Year 2023 on the Criminal Code during the plenary session of the House of Representatives, 6 December 2022. In the New Criminal Code, attempted criminal offence is also reformulated. This research aims to compare the regulation of attempted criminal offence between the Old and New Criminal Code. This research uses normative juridical method. This research found that the differences between the Old and New Criminal Code are:  First, the definition of attempted criminal offence. Second, the criteria on the ‘commencement of execution’ of attempted criminal offence. Third, criminal sanctions. Fourth, the condition that the attempt is not criminalised after the perpetrator has commenced the execution. Fifth, the regulation of ‘qualified attempt’. Sixth, the requirements for attempted criminal offences that are not punishable. While the similarities are: First, both regulate the maximum imprisonment of fifteen years for attempted criminal offences whose principal criminal offence is punishable by death or life imprisonment. Second, both regulate that the additional punishment for attempted criminal offences is the same as the additional punishment for the main criminal offence.

Ery Kurnia; Albar Aliyyus

Referendum : Jurnal Hukum Perdata dan Pidana 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Marriage in Indonesia's indigenous peoples has strong cultural values and has been passed down from generation to generation. However, in practice, there are several forms of customary marriage that have the potential to contradict the applicable positive law, especially related to coercive actions in marriage. This study aims to identify and analyze the implementation of marriage culture in the form of forced marriage/captive marriage which is contrary to Law Number 12 of 2022 concerning the Crime of Sexual Violence (TPKS Law) that occurs in Sumba, East Nusa Tenggara. This study uses a descriptive qualitative method with a normative juridical approach, this study explores the content of the articles of the Marriage Law, the Criminal Code, and the TPKS Law. In the Indonesian legal system, marriage must meet the elements in the laws and regulations. However, in practice, the traditional marriage culture in Sumba has the potential to lead to forced marriage carried out by men where women are in a vulnerable position. Article 4 paragraph (1) of the TPKS Law clearly states that forced marriage is a form of sexual violence, which can be subject to criminal sanctions in accordance with Article 10 of the TPKS Law. Based on the results of the research, the cultural implications or impacts of forced marriage are the lack of justice, usefulness and legal certainty, so concrete steps are needed in the form of firmer law enforcement and the need for collaborative support from law enforcement officials and legal education for indigenous peoples so that these practices can be minimized and women's rights in marriage can be optimally protected.

Muhamad Ramdhan; Abdul Kodir Alhamdani; Yudi Wahyudin; Mumu Fahmudin; Mohammad Husni Mubarok

Eksekusi: Jurnal Ilmu Hukum dan Administrasi Negara 2025 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

The practice of unregistered marriage (nikah siri) and polygamy without court permission remains a persistent legal problem in Indonesia, causing serious consequences for the legal protection of women and children. This study aims to analyze the criminal law formulation policy against nikah siri and unauthorized polygamy practices based on Law Number 1 of 2023 on the new Criminal Code (KUHP), compare it with the formulation under the old Criminal Code, and evaluate its alignment with the objective of legal protection for women and children. This research employs a normative legal research method with statutory, conceptual, and comparative approaches, analyzing primary and secondary legal materials qualitatively. The results reveal three main findings: first, the formulation policy under the old Criminal Code contains structural weaknesses, including the absence of explicit criminal sanctions in the Marriage Law, the complaint-based nature of the offense that limits prosecution, inconsistent interpretation of Article 279 among law enforcement officers, and the misapplication of criminal provisions against perpetrators of secret polygamy; second, Law Number 1 of 2023 brings significant reforms through a more comprehensive reformulation of marriage offenses, more precise elements of criminal acts, a more flexible sanction system, and the integration of restorative justice principles; third, the formulation policy still requires strengthening in terms of protecting the rights of women and children, as criminal approaches alone are insufficient without synergy with administrative policies and community empowerment. This study concludes that the criminal law formulation policy in the new Criminal Code must be understood as an instrument for achieving substantive justice oriented toward the protection of life, lineage, and property as required by the principles of maqashid syari'ah.

Wachyuni Yasa Pratiwi; Erna Dewi; Fristia Berdian Tamza

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to analyze the enforcement of criminal law against cyberbullying that leads to suicide in Indonesia. The research employs a normative and empirical juridical approach by examining existing regulations and analyzing cases through interviews with law enforcement officials and related parties. The findings indicate that despite cyberbullying being regulated under the ITE Law and the Criminal Code, its enforcement still faces challenges, such as difficulties in identifying perpetrators due to digital anonymity, a lack of technical understanding among law enforcement officers, and low public awareness of the serious impact of online harassment. The cases of Yoga Cahyadi in Indonesia and Hana Kimura in Japan demonstrate that cyberbullying can cause severe psychological distress, ultimately driving victims to take their own lives. In conclusion, stricter regulations are needed to classify cyberbullying as a specific criminal offense with clearer sanctions. Additionally, strengthening the capacity of law enforcement in cybercrime investigations and enhancing digital literacy education among the public are crucial preventive measures. Public awareness campaigns and collaboration between the government, social media platforms, and educational institutions are also necessary to create a safer and harassment-free digital environment.

Farida Tuharea; Mukti Stoffel; Irsan Irsan

Eksekusi: Jurnal Ilmu Hukum dan Administrasi Negara 2025 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Sexual Violence Crime based on number: 36/PID. B/ 2024/ PN. JAP. In its decision, the Jayapura District Court has sentenced the defendant as regulated and threatened with criminal punishment in Article 285 of the Criminal Code and Law Number 8 of 1981 concerning the Criminal Procedure Law and other relevant laws and regulations, a legal review of the case is very necessary because for the case Article 6 letter b Jo Article 15 of Law Number 12 of 2022 concerning the Crime of Sexual Violence Jo Article 64 paragraph (1) of the Criminal Code can be applied.  The purpose of this study is to examine the extent to which the verdict has fulfilled the principles of good justice, as well as the consistency of the application of the law to the crime of sexual violence. There is also a method used, namely normative-empirical legal research, which is a research method that combines or combines normative research methods with empirical research methods as part of the improvement of legal knowledge. The specification of this research is descriptive analytical, which reveals laws and regulations related to legal theories that are the object of research. The conclusion reached was that the Jayapura District Court's Decision on the Crime of Sexual Violence in the case  of Decision Number: 36/PID. B/ 2024/ PN. JAP determined that thedefendant, who had been legally and convincingly proven, was guilty of committing the crime of "Rape". This decision is in accordance with Article 285 of the Criminal Code and Law Number 8 of 1981 concerning the Criminal Procedure Law and other relevant laws and regulations. Suggestions that can be conveyed include that law enforcement officials must always continue to develop their knowledge that will be needed when searching for the legal basis of a criminal event.

Ritian Handayani; Yasmirah Mandasari Saragih

International Journal of Law, Crime and Justice 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Examination of a criminal case in a judicial process essentially aims to find the material truth, namely the complete truth of a criminal case by applying the provisions of criminal procedural law honestly and in a timely manner with the aim of finding out who the perpetrator is who can be charged with committing something. violation of law. Making a post mortem et repertum gives the full duty to the doctor as an implementer in the field to assist the prosecutor in determining the direction of the charges that will be brought against the defendant, as well as assisting the judge in finding the material truth in deciding the criminal case. This research includes normative legal research, so the legal materials used are primary, secondary and tertiary legal materials. The technique for collecting legal materials that will be used as a source in this research is library research, namely collecting legal materials by reading statutory regulations, official documents, journals, articles from the internet, and other literature that is closely related to The issues discussed are based on secondary legal materials. The presence of the Pretrial Institution provides a warning that law enforcers must be careful in carrying out their legal actions and every legal action must be based on applicable legal provisions, meaning that they must be able to exercise restraint and distance themselves from arbitrary actions. Thus, it is clear that organizing pretrial proceedings is not an easy task considering that the activities of one law enforcement agency to assess and test the work patterns of other law enforcement agencies is definitely work that must be carried out carefully and mastering all law enforcement mechanisms. The judiciary in Indonesia, one of whose tasks is to examine laws against the constitution, is what we often call judicial review. This judicial review is carried out to protect the rights of citizens who feel disadvantaged by the enactment of a law. In this case, what concerns the author is the judicial review of article 77 of the Criminal Procedure Code, which in this article is felt to be detrimental to someone who is designated as a suspect by investigators, because the article does not regulate the determination of suspects as pre-trial objects.

Udin Nurkholis Huda; Hartoyo Hartoyo; Fitri Ayuningtyas; Fitri Ayuningtyas

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2025 Lembaga Pengembangan Kinerja Dosen

The crime of molestation and sexual intercourse against children is an act that violates social norms of politeness, religion and decency. Article 28b paragraph (2) of the 1945 Constitution of the Republic of Indonesia reads: "Every child has the right to survival, growth, and development and has the right to protection from violence and discrimination" The legal issue of this normative legal research: How is the criminal act of molestation and sexual intercourse against children regulated? What is the form of legal protection for children as victims of sexual acts and sexual intercourse? The crime of molestation is regulated in Articles 289 to 295 of the Criminal Code, Law No. 35 of 2014: It is an amendment to Law No. 23 of 2002 concerning Child Protection, which affirms the prohibition of violence or threats against children (Article 76E) and establishes prison sanctions of between 5 to 15 years for perpetrators (Article 82) and Law No. 12 of 2022 concerning the Crime of Sexual Violence. The form of legal protection for children as victims of criminal acts of molestation and sexual intercourse is Physical and Psychological Protection, Victims' children have the right to physical protection to ensure safety from the threat of the perpetrator, through the arrest of the perpetrator with sufficient preliminary evidence. Psychological protection is provided with rehabilitation, counseling, and psychosocial assistance during the legal process until recovery. 2. Confidentiality of the identity of the victim; 3. Legal and Social Assistance; 4. Restitution and Restoration of Rights; 5. Strict Law Enforcement.

Regar Vina Febrina

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

The principle of legality is one of the main principles adopted by criminal law. Indonesia has incorporated the principle of legality into the first article of the Criminal Code, which carries the consequence that the imposition of criminal penalties must first be regulated in written law. The reform of criminal law through the New Criminal Code continues to apply the principle of legality in Article 1 and also adds recognition to the laws existing in society that are generally unwritten. The recognition of unwritten laws in the New Criminal Code does not mean shifting the principle of legality and applying the law arbitrarily, but rather a form of realization of the principle of legality in accordance with the characteristics of Indonesian society. The New Criminal Code has provided limits on the application of unwritten laws existing in society, namely if the Criminal Code does not regulate the punishment and must be in accordance with Pancasila, the 1945 Constitution of the Republic of Indonesia, human rights, and general legal principles recognized by the community of nations.

Sonia Desi Rahmawati; Zulkifli Andrian

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

This study will describe the legal character of the new Criminal Code in the perspective of legal politics, as for the problem in the research, namely how politics is very influential in producing a legal product. this research method uses normative legal research where in this case it examines legal issues and examines norms, as for what is studied in this study is the new Criminal Code Law. This research aims to answer how the politics of law on criminal law reform in indonesia and how the political configuration and legal character of the new Criminal Code. the conclusion of this research is the politics of law in the Criminal Code Update is the politics of criminal law, which is basically a form of policy that responds to the development of human thinking about crime. political configuration that has a major influence on the formation of rules. Legal products that are responsive in character, the process of making them is participatory, which invites as much community participation as possible through social groups and individuals in the community. In relation to the new Criminal Code, it is not responsive or democratic in nature, and it is also born through an authoritarian political configuration because of the lack of popular participation in its design.

Lailatur Rofiqoh; Yulius Efendi; Teguh Wicaksono

Perspektif Administrasi Publik dan hukum 2025 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

The criminal act committed by the perpetrator of premeditated murder is a very heinous act, because the perpetrator has the heart to kill people for certain reasons even though he is committing an act that is against the law. Legal accountability for perpetrators of the crime of premeditated murder is in accordance with article 340 of the criminal code, namely in the form of punishment, either the death penalty or imprisonment for a maximum period of twenty years or life. The problem in this research is the regulation of premeditated murder, the factors that cause premeditated murder and criminal liability for perpetrators in the crime of premeditated murder. The theories used in this research are the theory of responsibility and the theory of judge's consideration.  The research method in this writing is a normative method that collects library data, namely statutory regulations, legal books, judge's decisions, and scientific journals related to the problems discussed in this thesis. The results of the research and discussion in this research are regarding the regulation of premeditated murder, which is stated in Article 340 of the Criminal Code, criminal responsibility for perpetrators in the crime of premeditated murder by paying attention to the elements of committing an unlawful act, the ability to be responsible, the element of error, If there is no justification or excuse, it is punishable by the threat of death or life imprisonment or a maximum of twenty years and the judge's consideration of premeditated murder is that it has been legally proven as in the indictment to violate Article 340 of the Criminal Code.

Maria Karunia Putri Maan; Heryanto Amalo; Ngongo Dede

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

The development of digital technology based on Artificial Intelligence (AI) has had a significant impact on society, including the emergence of new crimes such as deepfake pornography. Deepfake pornography is a form of AI misuse that creates fake pornographic content by manipulating a person's face into a video or image without consent. This phenomenon raises complex legal issues within the Indonesian criminal law system. This study aims to examine how Indonesian criminal law regulates AI deviations in the form of deepfake pornography and to assess the effectiveness of these regulations in providing legal protection. This research uses a normative approach with qualitative analysis methods and the theory of legal effectiveness as the analytical tool. The research findings indicate that AI deviations in the form of deepfake pornography are not specifically regulated in Indonesia's positive criminal law. The applicable regulations are still general in nature, scattered across several laws such as the Electronic Information and Transactions Law (ITE Law), Personal Data Protection Law, Pornography Law, Sexual Violence Criminal Act Law, Copyright Law, and the Criminal Code (KUHP), which do not comprehensively address the technological aspects and psychosocial impacts of this crime. Based on Soerjono Soekanto's theory of legal effectiveness, the existing regulations are not yet effective, as seen from the legal substance, law enforcement, legal facilities and infrastructure, community factors, and legal culture. Therefore, a responsive legal reform is needed to keep pace with digital technological developments, along with strengthening the capacity of law enforcement institutions.

Ary Hendri Saputra; Ernu Widodo; Vallencia Nadya Paramita

Perspektif Administrasi Publik dan hukum 2025 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

A good human being always uses the time given to him by the creator to be used to create useful works. One of the acts that is useless and has been in the habit in the past until now is gambling. Legal issues of this normative legal research: How does gambling crime occur in society? What is meant by the phrase gambling content as referred to in Law Number 11 of 2008 concerning Information and Electronic Transactions? Gambling crimes in society are a complex and growing problem. The crime of gambling is regulated in Articles 303 and 303 bis of the Criminal Code, which states that gambling is any game that contains elements of betting in the hope of getting a profit based on luck or skill. Gambling encompasses a wide range of forms, from traditional games such as cockfighting and lotteries to online gambling. This activity not only involves people from the lower layers, but also reaches the middle and upper classes. Article 27 paragraph (2) of Law No. 11 of 2008 Electronic Information and Transactions The phrase gambling content includes the following elements: 1. Intentional, An act is carried out with the intention to distribute or transmit gambling content. 2. Without Rights, the Perpetrator does not have permission or the right to perform such acts. 3. Gambling Content, Content distributed or transmitted contains elements of gambling, either directly or indirectly.

Mumaddadah Mumaddadah; Muammar Muammar

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

Bullying is a social phenomenon that is increasingly worrying because of its serious impacts on victims, both psychologically, physically, and socially. In the context of Indonesian criminal law, bullying can fulfill the elements of a criminal act if it meets certain qualifications as regulated in the Criminal Code (KUHP) and other regulations. This study aims to analyze how bullying can be qualified as a criminal act and to review the forms of bullying that can be subject to criminal sanctions. Using a normative legal approach, this study examines relevant positive legal norms and case studies that reflect the implementation of the law on bullying. The results of the study show that bullying can be qualified as a criminal act such as insults, physical violence, threats, and defamation, depending on the form and consequences caused. Therefore, it is important to have strict law enforcement and legal education for the community to prevent and handle bullying cases effectively.

Alesandro Umbu Rangga Pahada; Karolus Kopong Medan; Bhisa Vhitus Wilhelmus

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

The resolution of cases solved by maramba against the people or faced with various legal, social, cultural, and economic obstacles. Limited access to law enforcement and low legal knowledge make victims reluctant to seek justice. The research used is empirical legal research or empirical juridical research. Data collection for this research is interviews, observations and document studies. The data to be collected is then processed using the observation method. The results of the study show that the choice of customary resolution that prioritizes reconciliation also makes cases rarely processed through formal law. Economic dependence on maramba further weakens the position of ata. Violations committed by maramba (king) against the ata (lower) people in Rindi District, East Sumba, can be resolved through two channels: criminal law and customary law. Criminally, tournaments are regulated in Article 351 of the Criminal Code and can be reported to the authorities. However, people more often choose customary resolution through mediation by traditional elders (rato) who emphasize compensation or peace rituals. Social inequality, maramba dominance, economic dependence, and cultural pressure make it difficult for the ata people to fight back. They are reluctant to report because they are afraid, do not understand the law, and believe more in customary resolutions which are considered to maintain social harmony.

Stepi Ayu; Roy Marthen Moonti; Ibrahim Ahmad; Muslim A. Kasim

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2025 Lembaga Pengembangan Kinerja Dosen

Professional Ethics of Prosecutors in Law Enforcement in Indonesia Is a guideline for behavior in a Prosecutor profession, which if it can be implemented in accordance with the objectives will produce prosecutors who do have good moral qualities in carrying out their duties. So that the judicial life in our country will lead to success. The purpose of this writing is to find out and understand the regulation of the Prosecutor's Code of Ethics in the legal system in Indonesia and how the sanctions and procedures for resolving prosecutors who violate the code of ethics. This research was conducted with a Normative Juridical legal approach. The results of this writing: First, the regulation of the Prosecutor's Code of Ethics in the legal system in Indonesia is regulated in PERJA No. PER-014 / A / JA / 11/2012 concerning the Prosecutor's Code of Conduct, the Prosecutor's Code of Ethics is used as a direction or behavioral guide to realize Prosecutors who have integrity, are responsible, and guarantee the moral quality of Prosecutors in society in order to realize an effective, efficient, clean, transparent and accountable bureaucracy based on Tri Krama Adhyaksa. Second, Sanctions and Settlement Procedures for Prosecutors who violate the code of ethics. In the event of a violation of the code of ethics by a prosecutor, there are Sanctions, both the Code of Ethics, other sanctions, namely disciplinary sanctions for civil servants if they violate the disciplinary regulations of civil servants and criminal sanctions if the act is a criminal act, and the party authorized to carry out the settlement starting from the examination stage to the verdict is the code of conduct council.  

Ruth Tiur Jovita Kase; Rehnalemken Ginting

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2025 Lembaga Pengembangan Kinerja Dosen

Alternative medicine using supernatural powers is a traditional practice widely found in Indonesia, but it is often conducted without scientific basis, causing negative impacts on society. These impacts include physical, financial, and psychological harm, such as delayed medical treatment leading to fatal outcomes, financial exploitation, and emotional manipulation. Article 252 of the 2023 Penal Code (KUHP) regulates this practice by imposing criminal sanctions on those who violate the law or harm the public. This regulation aims to protect the public, promote transparency, and integrate safe traditional elements into a modern, evidence-based medical system.

Revony Lede Rihi; Heryanto Amalo; Adrianus Djara Dima

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2025 Lembaga Pengembangan Kinerja Dosen

Corruption crimes are not only committed by civilians, but can be committed by military soldiers, namely the TNI who are educated with discipline. The handling of corruption cases committed by TNI soldiers together with civilians is handled through a connexity trial regulated in the Criminal Procedure Code. Although there are rules governing, there are still discrepancies in law enforcement. The main problems in this study are: (1) Is it appropriate for corruption cases committed by military officials to be tried in the Military Court? (2) What are the obstacles in law enforcement against high-ranking military officials who commit corruption crimes?This research is normative legal research, namely by examining literature or legal materials consisting of primary legal materials, secondary legal materials, and tertiary legal materials. Normative legal research is a scientific research procedure to find the truth based on the logic of legal science from its normative side. The results of this study indicate that: (1) is it appropriate for corruption cases by military officials to be tried in the Military Court: The handling of corruption cases in Basarnas involving active military personnel who are tried in military courts is considered inappropriate because it will create an impression of inconsistent law enforcement, because it contradicts the provisions of Law No.8 of 1981 concerning the Criminal Procedure Code and Law No.48 of 2009 concerning Judicial Power. (2) Obstacles in law enforcement against high-ranking military officials who commit corruption crimes: Corruption crimes involving active military members stem from disharmonization of laws in the provisions of the Military Justice Law, Corruption Court Law, TNI Law, KPK Law, and Criminal Procedure Code. The researcher's suggestion is that to minimize the differences of opinion that continue to emerge, an extensive regulation on connexity should be made so that it can serve as a guideline in handling corruption cases involving military personnel and civil society.