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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.

Corruption cases in Indonesia often involve the recovery of state assets, including properties encumbered by mortgages (hak tanggungan). This research conducts a normative legal analysis on how current law treats such pledged assets when they become objects of state confiscation in corruption crimes. We examine Indonesian legislation (especially the Tipikor Act, TPPU Act, and Mortgage Act), judicial practice, and principles of justice and legal certainty. The Bank Perumda BPR Purworejo case is used as an illustrative case study: here fictitious loans and misused collateral led to state losses of hundreds of millions of rupiah, and investigators seized assets (including four mortgaged properties) as evidence. The analysis finds that existing rules inadequately protect good-faith creditors: courts have noted that a corruption verdict does not automatically erase a prior mortgage lien, and that a certified mortgage confers a preferential right equal to a judgment. In practice, however, law enforcement often seizes all assets of the convict without first verifying third-party rights, creating legal uncertainty and perceived injustice. We argue that fair outcomes require stricter safeguards for creditors (e.g. mandatory review of collateral status before seizure) and consideration of equitable principles. In conclusion, we recommend legal reforms or guidelines to balance the state’s recovery goals with protection of bona fide mortgagees, so as to uphold substantive justice while maintaining legal certainty.

This study examines legal protection for victims of criminal offenses from a victimological perspective, emphasizing the position, rights, and needs of victims within the criminal justice system. Victimology, as a scientific discipline, highlights that victims are not merely objects of crime but subjects who are entitled to protection, restoration, and justice. This research employs a normative juridical method supported by a conceptual and statutory approach to analyze existing legal frameworks governing victim protection. The findings indicate that although legal instruments have provided various forms of protection such as restitution, compensation, and psychological assistance their implementation remains suboptimal due to institutional limitations, lack of awareness, and procedural constraints. From a victimological standpoint, effective protection requires a balanced approach between offender accountability and victim recovery, including recognition of victims' rights, access to justice, and comprehensive rehabilitation. Therefore, strengthening regulations, improving institutional coordination, and adopting a more victim oriented justice system are essential to ensure optimal legal protection for victims of criminal acts.

Narcotics abuse is no longer considered a victimless crime, but rather an offense that claims numerous victims and inflicts a prolonged catastrophe upon humanity. Furthermore, an emerging challenge is narcotics cases committed by recidivists, namely individuals who re-offend after having been previously convicted and sentenced. Recidivist status raises juridical issues, as it constitutes grounds for the aggravation of criminal penalties. The objective is to ensure that the imposition of criminal sentences effectively provides a deterrent effect and precludes the offender from repeating the same criminal offense. The existence of narcotics abuser recidivists also creates a distinct dilemma for Law Enforcement Officials. Judges are mandated to impose fair and proportionate sentences in accordance with statutory regulations. The recidivist status of a narcotics abuser frequently serves as a justification for Law Enforcement Officials to bypass the integrated assessment required for rehabilitation. This research utilizes a normative legal research method, employing statutory and conceptual approaches. The legal materials used consist of primary legal materials, taking the form of statutory regulations and court decisions, as well as secondary legal materials, comprising legal books and journals, which are analyzed using a descriptive-analytical method. The research findings indicate that recidivists may obtain rehabilitation even in the absence of an assessment. This research concludes that the objectives of sentencing, in addition to providing a deterrent effect, aim to cure or at least restore the offender's condition through rehabilitation; however, guidelines or jurisprudence are required to ensure legal certainty and consistency of application in the future.

The development of generative artificial intelligence has given rise to a new form of digital-based sexual violence through the spread of sexual deepfakes, non-consensual synthetic sexual representations that can attack the dignity, privacy, sexual autonomy, and sense of security of victims. This threat becomes even more serious when targeting students and educators because it not only harms individuals but also disrupts the integrity and security of educational spaces. This study aims to analyze the construction of Indonesian criminal law in ensnaring the spread of sexual deepfakes in educational environments, identify weaknesses in its regulations, and formulate a more ideal reconstruction of criminal liability. The method used is normative legal research with a qualitative descriptive approach, through a literature review of laws and regulations, scientific literature, and relevant documents related to deepfakes, electronic-based sexual violence, and legal protection in educational environments. The results of the discussion indicate that Indonesian positive laws, such as the ITE Law, the TPKS Law, the Pornography Law, the Personal Data Protection Law, and educational regulations, have essentially provided a normative basis for prosecuting such acts, but they are still partial, fragmented, and do not explicitly regulate sexual deepfakes as a separate crime. Therefore, a reconstruction of criminal liability is needed that explicitly recognizes non-consensual synthetic sexual representation as a crime, expands the forms of punishable acts, provides for greater severity in the context of educational relations, and comprehensively integrates criminal penalties with victim protection and recovery. Keywords: sexual deepfakes, criminal liability, students, educators, digital-based sexual violence.

Bagian Sistem peradilan pidana di Indonesia telah mengalami perubahan substansial sebagai akibat dari kemajuan teknologi informasi, terutama dengan diperkenalkannya Aplikasi Berkas Pidana Elektronik Terpadu (E-Berpadu). Tujuan penerapan sistem peradilan pidana elektronik ini adalah untuk mempromosikan gagasan keadilan yang cepat, mudah, dan terjangkau sekaligus meningkatkan efektivitas, akuntabilitas, dan transparansi proses persidangan. Namun pada kenyataannya, masih terdapat sejumlah masalah hukum, teknologi, dan sumber daya manusia dalam implementasi E-Berpadu di wilayah hukum Pengadilan Tinggi Medan. Tujuan penelitian ini adalah untuk mengatasi tantangan dan keterbatasan tersebut serta menawarkan solusi untuk meningkatkan implementasi sistem perdagangan elektronik.

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.

Organized cross-border crimes that deprive human rights, namely the Crime of Trafficking in Persons (TPPO), often use population migration routes as the main entry route. This research seeks to review how criminal law is applied to trafficking perpetrators who take advantage of immigration access, as well as uncover the obstacles that arise when law enforcement is carried out in the area of the Class II Immigration Office of TPI Belawan. This study adopts an empirical juridical approach with a qualitative analysis framework. Information collection was carried out through the review of regulatory documents and in-depth discussions with officials at the Class II Immigration Office of TPI Belawan. The research findings indicate that enforcement efforts against trafficking cases in the Belawan operational area rely on Law No. 21 of 2007 concerning the Eradication of Trafficking and Law No. 6 of 2011 concerning Immigration. It was identified that the modes of violation that often occur are falsification of travel documents and the abuse of residence permits to facilitate the sending of illegal migrant workers abroad. Significant obstacles faced include challenges in proving criminal elements, disconnection of the perpetrator network, and lack of synergy between law enforcement agencies in the port area. In closing, improving immigration surveillance capabilities and strengthening partnerships are important means to reduce the threat of human trafficking through the sea route in the Belawan area.

The rapid development of information and communication technology has led to the emergence of various forms of digital-based crimes, including the dissemination of electronic information containing online gambling content through social media. This situation poses challenges for criminal law enforcement, as the parties involved are not limited to gambling operators but also include individuals who promote and facilitate access to online gambling platforms. This study aims to examine criminal liability for perpetrators who disseminate electronic information containing gambling content and to analyze judicial considerations in sentencing, referring to the Decision of the Tanjung Karang District Court Number 823/Pid.Sus/2024/PN Tjk. The method used is normative juridical research with statutory, conceptual, and case approaches. Data were collected through literature studies of relevant regulations, criminal law doctrines, and court decisions, and then analyzed using a descriptive qualitative method. The results show that the elements of criminal liability are fulfilled, including the existence of a criminal act, intent, capacity to be responsible, and the absence of grounds that eliminate criminal liability. Furthermore, the panel of judges’ considerations reflect a balanced assessment between juridical and non-juridical aspects, resulting in a decision that embodies legal certainty, justice, and utility. This study is expected to contribute to the development of criminal law, particularly in addressing online gambling crimes in the digital space.

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.

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.

The spread of Non-Consensual Intimate Images (NCII) has become one of the most damaging forms of technology-based sexual violence in Indonesia. Komnas Perempuan data consistently shows a year-on-year rise in gender-based online violence reports, while SAFEnet documented hundreds of NCII cases between 2017 and 2023. Before Law Number 12 of 2022 on the Crime of Sexual Violence (TPKS Law) was enacted, Article 27 paragraph (1) of the Electronic Information and Transactions Law (ITE Law) was the only legal basis for handling NCII — a provision that frequently revictimized survivors rather than protecting them. This study examines: (1) how NCII is regulated under the TPKS Law; and (2) the effectiveness of the TPKS Law in addressing NCII cases, analyzed through Lawrence M. Friedman's three-component theory of legal effectiveness: legal substance, legal structure, and legal culture. Normative legal research was applied using statutory, conceptual, and analytical approaches. The study finds that Article 14 of the TPKS Law provides a substantially stronger and more victim-centred legal basis than previous regulations. However, effectiveness is still hampered by inadequate law enforcement capacity, uneven availability of integrated service units (UPTD PPA), low survivor reporting rates linked to persistent stigma, and a pervasive victim-blaming culture. Law reform alone is insufficient; structural and cultural transformation must accompany it.

The phenomenon of tedong petarung in Toraja has generated controversy due to its shift from the traditional tedong silaga, which historically formed part of Torajan customary rituals. This practice has evolved into entertainment and competition frequently associated with gambling activities. This study aims to analyze tedong petarung as a form of cultural distortion from the perspectives of customary law and criminal law, as well as to examine the limits of customary culture recognition within the national legal system. This research employs a normative legal method using statutory, conceptual, and sociological approaches. Legal materials were collected through library research consisting of legislation, legal literature, journals, and related documents. The study finds that tedong silaga possesses legitimacy as part of Torajan customary culture containing social, symbolic, and spiritual values. However, modern tedong petarung practices demonstrate a shift toward commercialization and gambling, obscuring the philosophical values of the original tradition. From a criminal law perspective, such practices potentially fulfill the elements of gambling offenses under Indonesian positive law. This study concludes that recognition of customary culture must remain aligned with public order, morality, and national law.

The development of the cosmetics industry has had both positive and negative impacts on consumers, particularly in Medan City. The high demand for cosmetics has driven irresponsible business actors to produce and distribute cosmetics without distribution permits from the National Agency of Drug and Food Control (BPOM). This study aims to analyze the role of BPOM in supervising illegal cosmetics, examine criminal sanction enforcement, and identify obstacles faced by PPNS investigators at BBPOM Medan. A qualitative empirical juridical approach with field research method was used, employing in-depth interviews, observation, and documentation. The primary informant is the Head of BBPOM Medan. Results show BPOM supervises through pre-market and post-market control, enforcement, and public education. Criminal sanctions under Article 435 of Law No. 17 of 2023 impose up to 12 years imprisonment or Rp5 billion fine. Key obstacles include limited investigator legal expertise, budget constraints, low public participation, fleeing suspects, and files returned by prosecutors. Strengthening investigator capacity, improving inter-agency coordination, and increasing public awareness are urgently needed.

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.

This research aims to analyze criminal acts that may be qualified as perpetrators of the crime of obstruction of justice from the perspective of the criminal law applicable in Indonesia, as well as to analyze the application of the law against perpetrators of obstruction of justice in Indonesia. The type of research used in this thesis is doctrinal research. The doctrinal approach has a normative character; therefore, its object of study consists of a set of legal norms (black letter law) at the level of application (professional constituency), or, at certain levels of analysis, this approach extends to the examination of legal theory. Based on the results of the research, the author finds that the provisions governing acts that may be qualified as the crime of obstruction of justice in Indonesia encompass all forms of interference, from the beginning to the end, with the entire ongoing legal and judicial process. A perpetrator of obstruction of justice is aware that a person has committed a crime or is undergoing a legal process and then deliberately commits acts that may hinder or obstruct law enforcement officials in conducting examinations of the criminal offender, with the purpose that the processes of investigation, prosecution, or examination before the court are impeded, cannot be carried out, or ultimately fail to be carried out. The forms of legal enforcement against perpetrators of acts obstructing the judicial process (obstruction of justice) in Indonesia include, among others, intentionally damaging, concealing, or destroying evidence before or after the commencement of the investigation process.

The flash flood disaster that hit Indonesia, including the devastating disaster in three Sumatran provinces in November-December 2025 which resulted in more than 900 casualties and trillions of rupiah in losses, shows a strong correlation between environmental damage caused by corporate activities and increased disaster risk. The purpose of this study is to analyze corporate criminal liability for environmental damage resulting in flash flood disasters based on the Environmental Management Law (UU PPLH), examine the mechanism for proving corporate criminal liability, and evaluate the application of criminal sanctions against corporations that commit environmental damage resulting in flash flood disasters. The research method used is normative legal research with a descriptive analytical statute approach. Data collection techniques are carried out through library research and interviews with sources at the North Sumatra Provincial Environmental Service. The data obtained were analyzed qualitatively. The results of the study indicate that: First, corporate criminal liability for environmental damage resulting in flash floods has been comprehensively regulated in Articles 116 to 120 of the Environmental Management and Management Law, which recognizes corporations as subjects of criminal law and regulates the criteria for corporate crimes (committed by, for, or on behalf of a business entity), the responsible party (the business entity and/or the person giving the order/leader of the activity), a one-third aggravation of the sentence, and corporate representation in court, as reinforced by Supreme Court Regulation Number 13 of 2016. The conclusion of this study is that the Environmental Management and Management Law has provided a comprehensive legal framework for corporate criminal liability for environmental damage resulting in flash floods. However, the effectiveness of law enforcement still needs to be improved through accelerating the judicial process, strengthening the capacity of law enforcement, improving inter-agency coordination, and strengthening the decision execution mechanism.

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.