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

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

The legal relationship between doctors and patients is essentially based on an obligation of effort (inspanningverbintenis), rather than an obligation of result (resultaatverbintenis). In practice, however, dissatisfaction with the outcomes of medical services often leads to criminal reports alleging medical negligence, which implies the criminalization of healthcare professionals. On the other hand, Law Number 17 of 2023 concerning Health and the Regulation of the National Police of the Republic of Indonesia Number 8 of 2021 provide broader opportunities for the application of restorative justice in resolving criminal cases, including medical negligence. This research aims to analyze the criteria for applying restorative justice in medical negligence cases at the investigation level, examine resolution patterns oriented toward recovery and justice for all parties, and identify the obstacles faced by investigators in implementing this mechanism. The research method used is normative legal research with a statutory approach and a conceptual approach, conducted through a review of legislation, legal doctrines, and expert opinions in the fields of health law and criminal law. The results indicate that the application of restorative justice in medical negligence cases can, in principle, be carried out as long as it meets the formal and material requirements as regulated in Police Regulation No. 8 of 2021, and aligns with the restorative resolution paradigm promoted by Law No. 17 of 2023 concerning Health. Resolution patterns oriented toward mediation, reconciliation, and reparation are considered more capable of achieving substantive justice for victims while providing protection for medical personnel who lack mens rea. Nevertheless, the implementation of restorative justice at the investigation level still faces various obstacles, including subjectivity in determining compensation, differing understandings among law enforcement officers regarding the boundary between professional error and criminal offense, disagreement between parties, and the pressure of public opinion and social media. Therefore, it is necessary to strengthen regulations, increase the capacity of investigators, and harmonize understanding among stakeholders to optimize the application of restorative justice in medical negligence cases.

This study aims to evaluate the effectiveness of implementing Law Number 27 of 2022 concerning Personal Data Protection in Indonesia's efforts to prevent and combat phishing crimes. This research employs a normative legal method to analyze the implementation of the PDP Law in the context of preventing and combating phishing crimes. The findings indicate that the PDP Law has provided a comprehensive legal framework for protecting personal data, including data that is often targeted by phishing attacks.The implementation of the PDP Law is overseen by the Personal Data Protection Authority, which has the authority to impose administrative sanctions, support law enforcement processes, and evaluate cross-border data transfers. To achieve maximum effectiveness in combating phishing crimes, strong synergy is needed between the government, private sector, and the public. The PDP Law has provided a good legal framework, but the success of its implementation is highly dependent on the commitment of all parties to work together in protecting personal data.

This research aims to analyze the criminal liability of perpetrators of arson and destruction of public facilities during demonstrations in Indonesia, as well as to examine the enforcement of criminal law against these crimes based on applicable positive law. However, in practice, demonstrations are often accompanied by anarchic actions in the form of arson and destruction of public facilities that harm the public interest and disrupt public order. The urgency of this research lies in the need to ensure that criminal liability and criminal law enforcement for acts of arson and destruction of public facilities are carried out individually and proportionally in accordance with the provisions of the old Criminal Code and the National Criminal Code, in order to prevent the general application of criminal law to participants in demonstrations. The results of the first study indicate that criminal liability for perpetrators of arson and destruction of public facilities during demonstrations has basically been regulated in the old Criminal Code and then updated in the National Criminal Code, especially regarding the crimes of arson and destruction of property. While the second enforcement of criminal law against these acts requires proportional and individual application, even though it is carried out in the context of collective mass action.

This article examines the handling of sexual harassment offenses within Indonesia’s criminal justice system, which faces complex challenges, particularly when restorative justice (RJ) is used as an alternative mechanism for case resolution. This study analyzes the implementation of RJ in sexual harassment cases at the Sleman Resort Police (Polres Sleman), referring to the Indonesian National Police Regulation No. 8 of 2021 on the Handling of Criminal Acts Based on Restorative Justice. The analysis focuses on how this policy is applied at the operational level and how its practice interacts with the normative provisions set forth in Law No. 12 of 2022 on Sexual Violence Crimes (UU TPKS), which explicitly prohibits non-judicial settlement for several categories of sexual violence. Using a qualitative approach through interviews, observations, and document analysis, the study finds that RJ continues to be applied at Polres Sleman despite its potential conflict with the prohibitions stipulated in the UU TPKS. At the operational level, the legal culture of police officers plays a significant role in encouraging the use of RJ, driven by pragmatic considerations such as efficiency in case resolution, social pressure from the community, and officers’ perceptions of the seriousness of sexual harassment cases. As a result, victims’ rights often fail to become the central focus, even though victimology emphasizes the importance of victim recovery and protection. The study concludes that regulatory harmonization, increased sensitivity of law enforcement officers toward sexual violence issues, and strengthened victim protection mechanisms are essential to ensure that the application of RJ does not undermine substantive justice.

The background of this research aims to determine and analyze judges' perspectives on the application of customary law in resolving criminal cases at the Padangsidimpuan District Court. Customary law is an unwritten legal system that exists and develops within society and is often used as a consideration in deciding cases related to local values ​​and cultural wisdom. In the context of Padangsidimpuan society, which still strongly upholds customs and traditions, customary law often serves as a means of resolving social conflicts before they enter the formal legal realm. The research method used is empirical juridical, with data collection techniques through direct interviews with judges and document studies of several relevant court decisions. The results indicate that most judges at the Padangsidimpuan District Court view customary law as a complementary instrument to positive law, particularly in minor criminal cases with social and familial dimensions. Judges strive to consider customary values ​​to achieve substantive justice, without neglecting the principle of legality and statutory provisions. However, the application of customary law cannot replace positive law in its entirety; rather, it serves as a moral and social value that strengthens the community's sense of justice.

Honor killing cases often involve a distributed structure of perpetrators between decision-makers, providers of means, and implementers. This collective pattern raises the problem of role attribution in criminal law enforcement, which often shifts toward two problematic tendencies: centralizing responsibility on the executor or expanding criminal responsibility based on family ties. This article aims to formulate a tested role attribution model so that criminal responsibility does not stop at the direct perpetrator and does not develop into association-based punishment. This research uses a normative legal research method with a conceptual approach. Data collection methods were collected using literature studies, then analyzed qualitatively and presented descriptively. The research results formulate a role map of instigator, facilitator, and executor, operationalized through group role attribution based on two axes: causal contribution and normative contribution. The instigator is understood as the driver who shapes the will and locks the decision, the facilitator is understood as an assistant who deliberately provides the opportunity, means, or information. Meanwhile, the executor is someone who carries out the material act, although in terms of position, their actions are not automatically identical to the dominance of the decision. This division of roles is complemented by evidentiary indicators covering communication, financing, provision of facilities, field control, and post-incident intimidation, along with negative criteria to prevent inferences based on blood relations or passive presence. This model provides a more measurable standard of attribution for investigation, prosecution, and sentencing in collective honor killing cases.

This research is motivated by the rise of online sales fraud cases on the island of Bali that are detrimental to consumers, the purpose of this research is to analyze it from the aspect of juridical studies and the basis of judges' decisions in deciding cases, this research uses a normative method with a library approach, the results of the study show that online fraud crimes utilize digital technology to manipulate data, here the defendant uses fake transfer evidence as a tool to deceive the store that meets the elements in Article 378 of the Criminal Code, namely the intention to benefit oneself unlawfully, and Article 35 of the ITE Law concerning manipulation of electronic information with the aim of making the data considered authentic, the basis for the judge's consideration to pass a verdict because the existence of photos of transfer evidence and the victim's account balance is sufficient to convince the judge that the defendant is guilty. Legal protection for victims of online fraud has been regulated in the Consumer Protection Law, the ITE Law and government regulations related to electronic transactions, but to strengthen preventive and systemic efforts, public education and increased capacity of law enforcement officers are needed, With the latest regulations such as Law No. 1 of 2024 concerning the second amendment to the ITE Law, Presidential Decree No. Law No. 49 of 2024 concerning the National Strategy for Consumer Protection and Minister of Trade Regulation No. 17 of 2024 concerning the National Action Plan for Consumer Protection have implications for strengthening legal protection for victims of online fraud, which is expected to provide a sense of security in digital transactions.

The circulation of illegal cigarettes constitutes a serious problem that results in state financial losses and disrupts legal certainty in the excise sector. Although criminal provisions related to the circulation of illegal cigarettes have been explicitly regulated in statutory laws, law enforcement practices demonstrate a tendency to apply administrative sanctions rather than criminal sanctions. This study aims to analyze the regulation of criminal law concerning illegal cigarette circulation and to examine the implications of the dominance of administrative sanctions on the effectiveness of criminal law. The research employs a normative juridical method using statutory and conceptual approaches through library research on primary and secondary legal materials. The findings indicate that the main problem does not lie in the absence or contradiction of legal norms, but in the emergence of vague norms at the implementation level due to inconsistent application of criminal sanctions. This condition weakens legal certainty, reduces the deterrent effect of criminal law, and undermines the protection of public interests. This study emphasizes the importance of consistent application of criminal sanctions to ensure that criminal law functions effectively in addressing illegal cigarette circulation.

This article explores the concept and implementation of restorative justice in Indonesia, an approach currently at a crucial crossroads within the criminal justice system. Rather than solely focusing on punishment, restorative justice offers a path towards repairing relationships between victims, offenders, and the community, seeking solutions oriented around conflict resolution. Through comprehensive analysis, this paper identifies the philosophical foundations and regulations supporting the adoption of restorative justice, while dissecting the dynamics of its application across various levels of legal processes in Indonesia. However, this noble endeavor is not without its challenges, ranging from institutional resistance and uneven understanding to harmonization with the conventional criminal law framework. Behind every case lies a human story yearning for more substantive justice. Therefore, this article argues that the success of restorative justice does not merely lie in its legal umbrella, but in our ability to understand and embrace the human dimension in every dispute resolution process. Consequently, this paper recommends adaptive and collaborative strategies to strengthen the role of restorative justice, ensuring it can guide our criminal justice system towards a more just and dignified future for all parties.

The rapid development of digital technology has increased the risk of song copyright infringement, thereby requiring effective and adaptive law enforcement mechanisms. Song copyright, as part of intellectual property rights, is protected under Law Number 28 of 2014 on Copyright, with certain infringements classified as complaint-based criminal offenses. This study aims to analyze the handling of criminal cases of song copyright infringement by Civil Servant Investigators at the Regional Office of the Ministry of Law in West Java and to evaluate the effectiveness of their enforcement practices. The research employs a normative-empirical method with a descriptive-analytical approach, combining statutory analysis with empirical data obtained through interviews and field observations. The findings reveal that case handling is conducted through structured stages, including complaint submission, preliminary examination, mediation, and follow-up actions. Mediation constitutes the primary mechanism for dispute resolution, reflecting the application of the ultimum remedium principle and a restorative justice approach. Although the procedural framework has been implemented in accordance with applicable regulations, enforcement effectiveness remains constrained by limited human resources, budgetary limitations, insufficient technical capacity, low public legal awareness, and inadequate inter-agency coordination. These results underscore the importance of strengthening institutional capacity and enhancing enforcement effectiveness to ensure sustainable protection of song copyright.

Premeditated murder is a severe crime characterized by prior planning (voorbedachte raad), making the proof of premeditation crucial in criminal justice. This element is linked to the mental state of the perpetrator, which cannot be directly proven but must be inferred from objective facts and events. Legal proof often focuses on the elements of Article 340 of the Criminal Code, overlooking criminological aspects such as motives, background, and the process of intent formation. This study analyzes how premeditation is proven in murder cases from a criminological perspective and evaluates the relevance of criminological approaches in judicial deliberations. Using a normative legal method with statutory, conceptual, and case approaches, supported by philosophical, sociological, and criminological studies, the research finds that proving premeditation requires more than legal indicators like time delay, tool preparation, and structured actions. It also involves understanding the perpetrator's psychological, social, and situational factors. A criminological perspective helps explain the formation of criminal intent, offering a more comprehensive view of premeditation. Integrating criminology into judicial decisions can enhance evidence quality, leading to more substantive and just outcomes.

This study is a case study that analyzes the handling of sexual violence in Cianjur Regency, examining the relationship between social morality, the role of law enforcement officials, and the effectiveness of criminal law policy after the enactment of Law Number 12 of 2022 concerning Sexual Violence Crimes (TPKS Law). This study uses a descriptive qualitative approach with an empirical juridical method through a sociological approach to law. Data was obtained through interviews with law enforcement officials, field observations, and a literature review of relevant legislation and scientific literature. The results of the study show that the handling of sexual violence cases in Cianjur Regency still faces obstacles in the form of weak social morality, strong stigma against victims, and a patriarchal culture that affects reporting and law enforcement processes. In addition, the role of law enforcement officials has not been optimal due to limited capacity, coordination between institutions, and a lack of sensitivity to the victims' perspective. This study recommends strengthening the capacity of law enforcement officials through training on gender perspectives and the implementation of the TPKS Law, continuous education on social morality at the community level, and strengthening inter-agency coordination to improve victim protection and the effectiveness of criminal law policy in Cianjur Regency.

The rapid expansion of digital media use has intensified the practice of cyberbullying as a form of non-physical violence that seriously affects victims’ mental health, dignity, and human rights. In Indonesia, cyberbullying is not specifically regulated and still relies on general provisions in the Law on Electronic Information and Transactions (EIT Law), which often lead to multiple interpretations, overcriminalization, and potential restrictions on freedom of expression. This article aims to analyze the urgency of establishing a specific criminal offense for cyberbullying within the framework of human rights protection and the principle of proportionality in limiting freedom of expression in the digital sphere. This study employs a normative legal research method using statutory, conceptual, and comparative approaches to regulations in several countries. The findings indicate that the absence of specific norms on cyberbullying creates legal uncertainty and weakens victim protection while also opening opportunities for the misuse of legal provisions against legitimate expression. Therefore, it is necessary to formulate clear, proportional, and victim-oriented criminal regulations, supported by fair and transparent law enforcement mechanisms that are consistent with human rights principles in the digital era.

The juridical issues concern the limits of military criminal jurisdiction, patterns of sentencing for soldiers, command responsibility, and their implications for the principles of civilian supremacy and equality before the law. This study aims to analyze the implications and provide a comparative assessment of the expansion of the Indonesian National Armed Forces’ (TNI) authority following Law Number 3 of 2025 concerning the Amendment to Law Number 34 of 2004, particularly in relation to the addition of civilian positions that may be occupied by active-duty soldiers and the expansion of Military Operations Other Than War (OMSP). This research employs a normative juridical method with statutory, conceptual, and comparative approaches, using data sources in the form of legislation as well as national and international legal literature, which are analyzed qualitatively with deductive reasoning in drawing conclusions. The results of the study indicate that, first, the criminal law implications of the post-expansion of the TNI’s authority and roles give rise to the potential emergence of official offenses (delicta propria), particularly in the implementation of OMSP and the assignment of active-duty soldiers to civilian positions, which may generate ambiguity in judicial forums and criminal accountability; and second, a comparison with the military sentencing systems in the Netherlands and the United States demonstrates the importance of clear classification of offenses, a clearer separation between military jurisdiction and civilian courts, and the strengthening of due process of law, as well as effective civilian oversight to ensure the professionalism and legal certainty of the TNI.

Violence against children remains a serious violation of human rights that continues to occur in various social environments, including religious-based educational institutions such as Islamic boarding schools, where children are in a highly vulnerable position both physically and psychologically. One case that drew public attention occurred at the Pesona Al-Qur’an Islamic Boarding School in Pesawaran Regency, which was resolved through a restorative justice approach without proceeding to court. This study aims to examine the mechanism of law enforcement against perpetrators of child abuse at the institution and to analyze the factors hindering the implementation of restorative justice in such cases. Using a normative-empirical research method, this study analyzes applicable laws and regulations supported by field data obtained through interviews, observations, and documentation. The results show that law enforcement was carried out through an investigation by the Pesawaran Resort Police, followed by the termination of prosecution by the Pesawaran District Prosecutor’s Office based on Regulation of the Attorney General of the Republic of Indonesia Number 15 of 2020 concerning the Termination of Prosecution Based on Restorative Justice. Case resolution was conducted through mediation involving the perpetrator, the victim, and their families, facilitated by law enforcement officers, resulting in an agreement in the form of an apology and compensation to the victim. However, the implementation of restorative justice still faces several obstacles, including limited public understanding, concerns about the loss of deterrent effects, power imbalances between victims and perpetrators, potential pressure on victims to accept reconciliation, and weak supervision of post-mediation agreements; therefore, strengthening oversight, improving the understanding of law enforcement officers and the community, and optimizing the role of child protection institutions are essential to ensure that restorative justice truly prioritizes the best interests of the child and provides substantive justice.

This study discusses the function of corporate criminal liability for State-Owned Enterprises (SOEs), particularly SOEs, by examining a case of corruption in the sale of commodities at Perum Bulog Jakarta in 2022-2023, which caused financial losses to the state amounting to approximately IDR 7.192 billion. This case illustrates the abuse of authority by SOE officials, which not only reflects individual violations but also is a symptom of weaknesses in the culture of internal control and compliance in state-owned companies. The purpose of this study is to examine the regulation and application of the principle of corporate criminal liability in State-Owned Enterprises (SOEs) with reference to Law Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 concerning Eradication of Corruption Crimes, the latest Criminal Code (Law Number 1 of 2023), and Supreme Court Regulation Number 13 of 2016. The method used is normative legal research with a juridical approach, which focuses on the review of legislation, the concept of corporate criminal liability, and the analysis of related court decisions. The results of the study show that acts of corruption involving Bulog have fulfilled the elements of corporate criminal liability, because they were carried out in the exercise of official authority and were intended for the benefit of the institution. The application of the provisions in the new Criminal Code, particularly Articles 45 to 47 and Article 118, confirms the position of corporations as legal subjects in the criminal law system. The implications of this research highlight the need to strengthen the Good Corporate Governance (GCG) system in SOEs and the need for consistent enforcement of corporate criminal liability by law enforcement officials to ensure justice, transparency, and the prevention of structural corruption in Indonesia.  

Efforts to protect children who are victims of sexual violence crimes in Mesuji Regency have been carried out through the establishment of the Regional Technical Implementation Unit for the Protection of Women and Children (UPTD PPA). However, in practice, cases of sexual violence against children continue to occur. This study aims to analyze the role of the UPTD PPA of Mesuji Regency in fulfilling the rights of child victims of sexual violence crimes and to identify the factors that hinder the implementation of this role. This research employs normative juridical and empirical approaches. Data were collected through literature review and field studies, with informants consisting of the Head of the Mesuji Regency Office for Women’s Empowerment and Child Protection, the Head of the UPTD PPA of Mesuji Regency, and a lecturer in criminal law from the Faculty of Law, University of Lampung. Data analysis was conducted qualitatively. The results show that, normatively, the role of the UPTD PPA of Mesuji Regency has been implemented based on the prevailing laws and regulations, including the Child Protection Law, the Law on Sexual Violence Crimes, and regulations concerning the UPTD PPA. Factually, the UPTD PPA carries out preventive, handling, and recovery efforts through legal, medical, and psychological protection for child victims. However, the implementation of this role has not been optimal due to several inhibiting factors, namely limitations in human resources, inadequate facilities and infrastructure, low community participation and awareness, and cultural factors characterized by individualism. This study recommends optimizing the performance of the UPTD PPA through improvements in human resources, facilities and infrastructure, and strengthening community involvement in child protection.

The reform of criminal law in Indonesia has become an increasingly urgent necessity in line with social developments, technological advancement, and the growing complexity and diversity of crime. Law Number 1 of 2023 concerning the new Criminal Code (Kitab Undang-Undang Hukum Pidana/KUHP) emerges as a comprehensive effort to replace the colonial-era Criminal Code and to align the national criminal law system with the current conditions of Indonesian society. This new Criminal Code introduces several significant changes, including the regulation of cybercrime, protection of the environment, the reinforcement of humanitarian values, and the strengthening of the principle of limiting criminal sanctions on individual liberty in order to ensure the protection of human rights. This paper aims to analyze the direction and substance of the Criminal Code reform, evaluate its potential implementation, and assess the implications of these changes for criminal law enforcement practices in Indonesia. The research method employed is a literature review using a normative approach, conducted through the analysis of statutory regulations, criminal law theories, and relevant case studies. The results of the analysis indicate that the new Criminal Code provides a more adaptive and responsive legal framework to contemporary issues; however, the effectiveness of its implementation largely depends on the readiness of law enforcement authorities, the intensity of regulatory socialization, and the level of public legal awareness. This study concludes that criminal law reform represents a strategic step toward realizing a criminal justice system that is more just, effective, and aligned with the values of Pancasila.