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The case of medical malpractice involving a toddler in Bima has attracted public attention and raised the urgency of evaluating legal accountability mechanisms in healthcare. This study aims to analyze the law enforcement process and the forms of legal responsibility that can be imposed on medical personnel and healthcare institutions suspected of involvement. Using a normative juridical approach, this study examines relevant laws, doctrines, and legal literature, including provisions in the Medical Practice Law, the Health Law, the Hospital Law, and the Criminal Code. The results indicate that law enforcement in malpractice cases can be pursued through administrative, civil, and criminal channels, depending on the level of negligence and the resulting consequences. Medical personnel can be held personally liable for violations of professional standards, while healthcare institutions can be held accountable based on the principle of vicarious liability. This study concludes that the case in Bima underscores the importance of strengthening regulations, improving medical service standards, and ensuring transparency in law enforcement to protect patient rights, particularly children.

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.

The expansion of digital platforms has transformed religious expression in Indonesia and intensified religion-based identity polarization in the digital public sphere. This study analyzes the legal responsibility of religious leaders who disseminate religious narratives online. Using normative legal research grounded in constitutional law and international human rights law, the study examines Indonesian legal instruments, including the amended Electronic Information and Transactions Law and the new Criminal Code, alongside the International Covenant on Civil and Political Rights. It also considers interfaith digital dialogue practices and selected online sermon examples. The study finds that religious leaders are full legal subjects who bear personal responsibility for the content and foreseeable social impact of their digital religious expression. Religious authority does not exempt them from accountability. The study formulates four parameters for distinguishing protected religious expression from religion-based hate speech: intent, substance, manner and context of dissemination, and potential social impact. These parameters support proportionate enforcement, legal certainty, pluralism, and the prevention of polarization and hate speech in digital environments.

This article aims to analyze the urgency of criminal law policy reform toward corruption crimes in the digital era and to examine the direction of legal renewal needed in the national legal system. The method used is normative legal research with statutory, conceptual, and library approaches. The results indicate that the development of information technology has transformed corruption patterns from conventional forms into more systematic, concealed, transnational, and electronically facilitated digital corruption. In this context, Indonesian criminal law policy still faces obstacles in the form of disharmony between the Anti-Corruption Law, the Electronic Information and Transactions Law, and Law Number 1 of 2023 concerning the Criminal Code. Criminal law reform is needed through strengthening the criminalization of digital-based corruption, expanding corporate criminal liability, modernizing electronic evidence, and synchronizing law enforcement institutions. In conclusion, criminal law policy reform is an urgent necessity so that corruption eradication can adapt to the challenges of the digital era.

The enactment of Law Number 1 of 2023 concerning the Criminal Code marks a pivotal moment in Indonesia’s effort to reform and decolonize its national penal system. Among its most significant departures from prior codifications beyond the elimination of the misdemeanor category is the removal of capital punishment as a primary sanction. This measure reflects a longstanding view that the death penalty is incompatible with Indonesian cultural values and, by extension, inconsistent with Pancasila as the supreme source of national law. This study investigates Pancasila’s function as the philosophical cornerstone in structuring the criminal justice system and defining the purposes of punishment within the National Criminal Code. Employing normative legal research through statutory and conceptual approaches, the findings reveal that the open character of Pancasila ideology accommodates an explicit legislative articulation of penal objectives embracing retributive, corrective, rehabilitative, and restorative orientations simultaneously. Article 51 of the new Criminal Code further demonstrates substantive congruence with Pancasila’s five principles: (1) the preventive objective embodies the Second Principle on just and civilized humanity; (2) the social reintegration of convicts is anchored in the Fifth Principle of social justice; (3) conflict resolution reflects the Third and Fourth Principles on national unity and deliberative democracy; and (4) cultivating genuine remorse in offenders expresses the First Principle of belief in the One Almighty God. Taken together, the national criminal law reform has successfully elevated Pancasila from an abstract foundational norm into a functioning normative guide for the conduct of criminal justice.

Abstract.The enactment of Law Number 1 of 2023 concerning the Criminal Code (the New Criminal Code) brings a fundamental repositioning to the national criminal law system, particularly through the recognition of the material legality principle that accommodates the living law in society under Article 2. On one hand, this approach represents a form of legal decolonization; however, on the other hand, it triggers a paradigmatic tension between legal positivism in Article 1 and the sociological jurisprudence in Article 2. This article analyzes the existence and dialectics of these two articles using a dogmatic legal framework that balances protective functions and integrative criminal law paradigms. The research method employed is normative legal research with conceptual and statutory approaches. This article offers a novelty in the form of a conceptual synthesis regarding the process of "positivization of customary law" through Local Regulation (Perda) instruments, as well as a dogmatic analysis of measuring fault (mens rea) in customary offenses. The research findings indicate that Article 2 paragraph (2) of the New Criminal Code functions as a constitutional anchor that compels customary law to submit to the pillars of lex scripta and lex certa of Article 1, thereby preventing overcriminalization and judicial subjectivity. Keywords: Legality Principle, New Criminal Code, The Living Law, Local Regulation, Mens Rea.

The phenomenon of violence still often occurs in the world of educationin Indonesia. In the process of teaching and learning activities, violenceagainst children often occurs, therefore a law is needed that canprotect children from violence. The purpose of this study is to determinethe forms of violence against children that often occur in the teachingand learning environment and to determine how legal protectionfor children is according to Law Number 35 of 2014 concerningtheamendment to Law Number 23 of 2002 concerning child protection. This research method is This study uses a type of qualitativefieldresearch, namely a type of research that describes qualitativelytheobject being discussed according to the reality in the field. Qualitativeresearch is a research that uses a natural setting, with the intentionof interpreting the phenomena that occur in depth and is carriedout byinvolving various existing methods with the research approach usedisanormative legal approach to issues concerning the synchronizationof regulations issued by schools regarding legal protection against childviolence or regulations made in the form of student code of conduct books with statutory regulations Number 35 of 2014 concerningchildprotection, which is presented descriptively, namely by describingapolicy related to the synchronization of school regulations with theChildProtection Law. With the results of the study, namely 1) Formsof violence in the teaching and learning process can be physical andnon-physical violence, involving various actions such as beatings, slapping, kicking, insults, threats, teasing, cyber bullying, hazing, and persecution. 2) Law Number 35 of 2014 significantly strengthens legal protectionfor children by establishing a prohibition on violence, regulating ix mechanisms for preventing and handling acts of violence whichisanamendment to Law Number 23 of 2002.

The Constitutional Court Decision Number 105/PUU-XXII/2024 has significantly reshaped the legal construction of defamation provisions under the Electronic Information and Transactions Law (EIT Law), particularly by limiting the interpretation of the phrase “other persons” to natural persons (natuurlijk persoon) only. This study aims to analyze the implications of the decision on legal certainty as well as its impact on litigation practices and legal protection for legal entities in Indonesia. This research employs a normative juridical method using statutory and conceptual approaches. The findings indicate that the decision enhances legal certainty by clarifying previously ambiguous norms that often led to the criminalization of freedom of expression. However, the restriction of legal subjects has shifted the legal protection mechanism for legal entities from criminal to civil remedies under Article 1365 of the Civil Code. This shift poses challenges in terms of effectiveness, particularly due to more complex litigation processes and the lack of deterrent effect compared to criminal sanctions. Therefore, a balanced approach is required between protecting freedom of expression and safeguarding institutional reputation, alongside strengthening regulations and public legal awareness to achieve justice, legal certainty, and legal utility.

This research aims to examine the provisions and status of probation as a principal punishment in the National Criminal Code, as well as its relevance to achieving the objectives of reforming the penal system in Indonesia. The research design employed is normative legal research using a legislative and conceptual approach. The data utilized consists of secondary data obtained through a literature review, analyzed using qualitative descriptive techniques. The results of the research show that probation under Law No. 1 of 2023 on the Criminal Code has been established as one of the principal penalties that can be directly imposed by a judge, thus no longer merely a component of conditional sentences as in the old Criminal Code. This regulation reflects a paradigm shift in sentencing from a retributive approach toward a rehabilitative and restorative approach by providing offenders with the opportunity to remain within the community under supervision. However, its implementation still faces challenges, including the absence of comprehensive technical regulations, potential conflicts of norms, and institutional limitations in carrying out supervision. Therefore, supervised probation holds significant relevance as a more humane sentencing alternative, although it requires strengthened regulations and a supervision system to ensure its effective and consistent application.

This article examines honor killing in North Africa as a form of gender-based violence rooted in family honor, patriarchal control, and social change that has not yet produced a stable new order. The research employs normative legal methods through statutory, case, and comparative criminal law approaches across three representative jurisdictions, namely Egypt, Morocco, and Tunisia. The primary legal materials include criminal provisions on homicide, adultery, mitigating excuses, and the protection of women, with particular attention to Article 237 of the Egyptian Penal Code, Articles 418 and 491 of the Moroccan Penal Code, the repeal history of Article 207 of the Tunisian Penal Code, Article 236 of the Tunisian Penal Code, and Law No. 58 of 2017 on Eliminating Violence Against Women. The findings show that honor in this region operates as a social mechanism for regulating women’s bodies, sexuality, mobility, and life choices, reinforced by community pressure, reputational stigma, and family-based moral legitimacy. Social transition does not remove this logic; instead, it reshapes conflict and diversifies forms of control, ranging from threats, confinement, coercion, and the criminalization of sexual morality to homicide itself. On the legal plane, Egypt and Morocco still retain norms that soften criminal responses in certain situations linked to adultery, whereas Tunisia has moved in a more progressive direction by abolishing explicit mitigation and strengthening protection for women, even though the regulation of sexual morality has not been fully abandoned.

This study analyzes law enforcement related to the application of the death penalty with a ten-year probation period as stipulated in the Criminal Code (KUHP). The results of the study show that the enforcement of the conditional death penalty is carried out in three stages, namely the formulation, application, and implementation stages. The formulation stage is reflected in the establishment of the death penalty as a special alternative and conditional punishment in Law Number 1 of 2023, the application stage is carried out through the application of norms by law enforcement officials, while the implementation stage relates to the execution of court decisions against convicts. The change in the construction of the death penalty from an absolute primary punishment to an alternative and special conditional punishment has fundamental legal implications for the criminal justice system in Indonesia, especially with the existence of discretion for judges and law enforcement officials to assess the possibility of changing the type of punishment based on the convicted person's remorse and efforts to reform themselves during the probation period.

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.

Phishing is a form of cybercrime that has experienced a significant increase in frequency within Indonesia. This fraudulent practice aims to deceive victims into surrendering personal data or sensitive financial information by impersonating trusted institutions. Such crimes result in substantial losses for both individuals and the business sector, particularly concerning personal data protection and digital transaction security. This research aims to analyze the legal regulations and the role of supervisory institutions in addressing phishing threats in Indonesia using a normative legal research method. The legal analysis encompasses the implementation of the Electronic Information and Transactions Law (UU ITE), specifically Article 28, paragraph (1), and the Personal Data Protection Law (UU No. 27 of 2022), which serves as the primary foundation for privacy rights. Furthermore, this study examines the Consumer Protection Law and the Indonesian Criminal Code (KUHP) as enforcement instruments. The strategic roles of the Financial Services Authority (OJK) and Bank Indonesia (BI) are also discussed in the context of risk mitigation within the financial sector. The findings indicate that law enforcement effectiveness is still hindered by low digital literacy, limited forensic technology infrastructure, and jurisdictional challenges in tracking cross-border perpetrators. Consequently, a synergy between regulatory strengthening, international collaboration, and massive public education is required to comprehensively suppress these cybercriminal activities.

The changes to the provisions on evidence in the new Criminal Procedure Code (KUHAP) mark a significant shift in the evidentiary system under Indonesian criminal procedure. The expansion of evidence to include physical evidence as valid evidence, the explicit recognition of electronic evidence, judicial observation, and other evidence as long as it is legally obtained, alters the evidentiary system, which previously relied on classical categories. This situation raises questions about how these changes affect the evidentiary system and the dynamics of criminal litigation in court, particularly regarding the role of judges, the strategies of the parties, and the protection of the defendant's rights. This study aims to analyze the changes in the evidentiary system resulting from the addition of evidence in the new KUHAP and its impact on criminal litigation practices. The research method used is a normative juridical approach with descriptive specifications through a literature review of relevant laws and legal literature. The analysis shows that the expansion of evidence increases the complexity of the evidence, strengthens the role of judges in assessing the legality and authentication of evidence, and encourages a shift in the litigation strategies of prosecutors and advocates. The addition of evidence has the potential to increase the effectiveness of law enforcement, but also raises the risk of legal uncertainty and human rights violations if not supported by adequate technical guidelines and oversight mechanisms.

Cohabitation—defined as the practice of two unmarried individuals living together in an intimate relationship—presents a growing normative challenge in Indonesian society, which maintains a theistic constitutional foundation while navigating rapid social change. This article examines cohabitation through three juridical lenses: first, the regulatory architecture through which Indonesian law prohibits cohabitation; second, the criminalization framework established under Law Number 1 of 2023 on the National Criminal Code; and third, the practical and theoretical problems that emerge in law enforcement. Employing a normative legal research methodology that integrates statutory, conceptual, and comparative approaches, this study finds that prohibitions against cohabitation are embedded across multiple regulatory layers—spanning marriage law, customary law, codified Islamic law, and regional legislation. The National Criminal Code, through Articles 412 and 413, introduces for the first time an explicit criminalization of cohabitation within Indonesia's post-independence penal codification. Nevertheless, the complaint-based offense structure, evidentiary challenges, and persistent tension between formal norms and social realities produce a substantial implementation gap. The study concludes that legal effectiveness in addressing cohabitation requires coordinated action across criminal enforcement, family institution strengthening, and sustained legal literacy programs.

Corporate crime is one of the important developments in modern criminal law that emerged as a response to the increasingly complex economic and business activities in society. The research method is normative legal research with a statutory and conceptual approach. This study uses primary, secondary, and tertiary legal sources. The research results show that the regulation of corporate crime in Law Number 1 of 2023 concerning the Criminal Code is regulated in Articles 45, 46, 47, 118, and 119 of Law Number 1 of 2023 concerning the Criminal Code. Implementation challenges corporate crimes in the 2023 Criminal Code include difficulties in proving corporate fault, disharmony with sectoral laws, the complexity of corporate structures, limitations of law enforcement officers, dominance of an individual approach, and the development of cross-border digital crimes. Therefore, it is recommended that the effectiveness of the 2023 Criminal Code not only rely on existing legal norms but also on institutional readiness, regulatory harmonization, and strengthening law enforcement capacity.

Criminal law policy in Indonesia saw significant modifications with the adoption of the new Criminal Code (KUHP), particularly with regard to the regulation of cohabitation and adultery. Because it directly affects people's private life and may have an impact on human rights protection, this arrangement has sparked discussion in the community. This study intends to investigate the application of the penal provisions of adultery and cohabitation in the new penal Code and examine its consequences for the protection of human rights. The research method applied was normative legal research with a legislative, conceptual, and human rights approach. The study's findings show that the regulation and implementation of laws relating to adultery and promiscuity can lead to issues in law enforcement, particularly those relating to the right to privacy, the proportionality of punishment principle, and the potential for actual abuse of power. The conclusion of this study underlines the necessity for the judicial implementation of the law and geared towards the protection of human rights, as well as the examination of criminal law policies to be in line with the ideals of the rule of law, democracy, and respect for individual freedom.

This study is based on the vulnerability of children as victims of sexual abuse, requiring strong juridical and procedural protection from the investigation stage to prevent revictimization and prolonged trauma. The research aims to evaluate the effectiveness of legal protections for child victims in Indonesia and assess how the principle of equality before the law ensures balanced justice for both victims and suspects. The method used is normative juridical research through library studies of primary, secondary, and tertiary legal sources, supported by interviews at the Women and Children Protection Unit (Unit PPA) of the Karawang Police Resort. Findings indicate that, normatively, Indonesia has a solid foundation through the 2025 Criminal Procedure Code, the Law on Witness and Victim Protection, the Child Protection Law, and Law No. 12 of 2022 on Sexual Violence Crimes, guaranteeing rights such as identity protection, expert accompaniment, and restitution. Practically, however, protection depends on adherence to cross-sectoral standard operating procedures, the involvement of certified female investigators, and coordination with institutions like the Regional PPA Unit, Social Services, and Correctional Guidance Office. The study concludes that restorative justice cannot be applied in child sexual abuse cases to protect the substantive rights of victims. Investigators face challenges in collecting psychologically affected testimony, limited eyewitnesses, and scarce evidence, resulting in incomplete protection. Therefore, strengthening formal judicial proceedings is essential to ensure justice for child victims.

Thei swifti advancementi ofi technologyi hasi madei iti simpleri fori individualsi toi accessi informationi viai sociali mediai platforms.i Nonetheless,i thisi cani alsoi leadi toi offenses,i includingi abusivei languagei ori expressionsi ofi animosityi towardsi othersi online.i Suchi actionsi falli underi Articlesi 310i andi 311i ofi thei Criminali Code,i whichi governi insultsi andi defamation,i alongi withi thei Informationi andi Electronici Transactionsi Lawi Numberi 11i Oct 2008.i Thisi lawi wasi revisedi toi includei Articlei 27i Paragraphi (3)i ini thei thei 2024i Informationi andi Electronici Transactionsi Law,i whichi tacklesi thei issuei ofi defamation.i Thei methodologyi appliedi ini thisi studyi isi normativei juridicali research,i emphasizingi ai legali approachi thati incorporatesi libraryi sources,i statutes,i regulations,i andi relevanti legali theoriesi andi concepts.i Thei obstaclesi ini applyingi thei lawi againsti defamationi crimesi oni sociali mediai encompassi legali issues,i technicali barriers,i andi culturali asi welli asi sociali factors.i Toi tacklei thesei obstacles,i i iti other essentiali toi enhancei thei skillsi ofi lawi enforcementi personneli andi boosti publici awarenessi abouti digitali literacy.i Thei processi ofi lawi enforcementi concerningi defamationi crimesi oni sociali mediai adheresi toi thei proceduresi outlinedi ini thei Criminali Procedurei Code,i focusingi oni electronici evidence.i Articlesi 310i andi 311i ofi thei Criminali Code,i togetheri withi Articlei 27i Paragraphi (3)i ofi thei Informationi andi Electronici Transactionsi Lawi asi amendedi ini Lawi Numberi 1i ofi 2024,i providei thei legali foundationi fori addressingi crimesi oni sociali media,i ini linei withi thei proceduresi seti forthi ini thei Criminali Procedurei Code.  

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