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Inna Noor Inayati

Jurnal Kajian Ilmu Sosial, Politik dan Hukum 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Medical emergency services demand swift and precise action; however, medical personnel are often hindered by the risk of criminalization resulting from unintended outcomes. Although Law Number 17 of 2023 concerning Health mandates the provision of assistance, the regulation has not yet provided explicit criminal protection for good-faith rescuers, thereby triggering the practice of defensive medicine. This study aims to examine the implementation of the Good Samaritan Law (GSL) concept as an alternative legal protection for health workers. The research methods employed are juridical-normative and juridical-empirical, utilizing statutory, comparative, and case approaches. The findings indicate that current regulations, including Article 531 of the Criminal Code (KUHP) and Law No. 17/2023, have limitations as they emphasize the obligation to assist rather than the protection of the rescuer. In comparison, the international GSL concept offers a standard of "limited immunity," which explicitly protects rescuers from civil and criminal liability, provided the actions are performed without gross negligence. The impact of implementing GSL in Indonesia is projected to provide stronger legal certainty than existing regulations, reduce the psychological burden on medical personnel in emergency situations, and encourage social solidarity without the fear of unnecessary lawsuits. The study concludes that the adoption of GSL is an urgent legal reconstruction to ensure the professional protection of health workers in Indonesia.

Reza Reyzaldy; Dian Ekawaty Ismail; Erman I. Rahim

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

The purpose of this study is to analyze the settlement of criminal cases on the liability of parents for negligence that results in minors becoming perpetrators of traffic accidents. This type of research is normative legal research with a statutory approach, a case approach and a conceptual approach. The analysis used in this study is a descriptive analysis. has not explicitly regulated the criminal liability of parents for accidents committed by children, although Civil Code Article 1367 has provided a basis for civil liability, and the new Criminal Code through Article 37 opens up opportunities for the application of the principle of vicarious liability. This study recommends the need to reconstruct the Indonesian criminal law regulation which explicitly establishes a model of parental criminal responsibility based on the principle of vicarious liability and the principle of Radbruch legal certainty, without overriding the principle of child protection in the SPPA Law.

Ketut Putri Maharani

Jurnal Hukum, Politik dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

In recent years, there have been more and more cases of misuse of social media accounts, especially Instagram, through hacking carried out by individuals for illegal purposes. These hacks often involve using the victim's account for fraudulent actions, such as requesting money via the direct messaging feature to the account's followers. This problem raises a number of legal questions, including how the law regulates hacking and fraud on social media platforms such as Instagram, as well as the types of criminal sanctions that can be imposed on perpetrators. This research uses a normative legal approach to analyze existing regulations, especially the Information and Electronic Transactions Law (UU ITE). Based on the ITE Law, hacking is defined as an illegal activity to access, take or transfer electronic system data without permission, which can be subject to criminal penalties in the form of imprisonment and/or fines. In addition, if hacking is followed by fraud, the perpetrator can be charged with additional articles related to fraud as regulated in the Criminal Code (KUHP). This research also highlights the important role of social media organizers in protecting users through developing security features such as data verification. It is hoped that the results of this research can contribute to strengthening legal protection for social media users in the digital era.

Jumain Azizi; Roibin Roibin; Zaenul Mahmudi

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

This study aims to analyze Article 445 paragraph (1) of the Indonesian Criminal Code (KUHP) Number 1 of 2023, which regulates the criminal act of eloping with a young woman. The provision is considered to be in tension with the social and cultural realities of Indonesian society, particularly the people of Lombok who practice the merariq tradition. Merariq is an ancestral customary practice within marriage rituals involving the consensual elopement of the prospective bride as an integral part of the marriage process. This research uses Lawrence M. Friedman’s legal system theory, which examines three main components of law: (1) the substance of law—normative provisions contained in legislation; (2) the structure of law institutions and law enforcement agencies; and (3) the legal culture values, attitudes, and behavior of society toward law. This study is a normative legal research that treats law as norms, principles, doctrines, and rules. The primary legal material is Article 445 paragraph (1) of the Indonesian Criminal Code. The findings indicate that, from the perspective of legal substance, the article remains ambiguous. Its formulation potentially conflicts with Indonesia’s legal culture, which in practice prioritizes familial and traditional mechanisms for resolving private conflicts. Based on these findings, this study recommends a reformulation of the legal substance to make it more responsive to the socio-cultural context. The reformulation should be grounded in the principles of ultimum remedium and restorative justice, providing space for customary law and local culture as legitimate mechanisms to resolve private disputes. This approach is expected to reduce the disproportionate use of imprisonment and position criminal sanctions as a last resort in law enforcement.

Putriani Ndruru; Rahmayanti Rahmayanti; Ismaidar Ismaidar

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

Sexual violence within the family is a serious criminal act that not only violates the law but also causes profound physical and psychological suffering for victims. The complexity of such cases increases as the perpetrators are often close family members, resulting in trauma and obstacles in law enforcement. Decision Number 2068/Pid.Sus/2020/PN.Medan serves as the basis for analyzing the extent to which legal protection can be provided to victims. The research problems addressed are: (1) what forms of legal protection are available for victims of sexual violence within the family under Indonesian positive law, and (2) how such protection is implemented in Decision Number 2068/Pid.Sus/2020/PN.Medan. The research method applied is normative juridical with statutory, conceptual, and case study approaches. Data sources include legislation, legal literature, and court decision analysis. The findings reveal that legal protection for victims is regulated under the Child Protection Law, the Criminal Code, and other legal instruments emphasizing preventive, repressive, and rehabilitative measures. The Medan District Court imposed a severe sentence on the perpetrator in accordance with the law; however, protection for victims remains limited to formal aspects without comprehensive psychological recovery programs. In conclusion, the protection of victims of sexual violence within the family has been clearly regulated on a normative basis, but its implementation remains weak. Greater collaboration between law enforcement authorities, child protection institutions, and professionals is necessary to ensure the holistic recovery of victims.

Wahid Ramadhan; Andi Rahmah; Andi Tanwir Mappanyukki

Majelis : Jurnal Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Abortion is prohibited under the Indonesian criminal law system. In fact, it is categorized as a crime against life, regulated by several laws and regulations, including the Criminal Code and the Health Law. Indonesian criminal law defines abortion as "Termination of Pregnancy," which is regulated by Articles 299, 346, 347, 348, and 349 of the Criminal Code. These articles clearly and unequivocally prohibit abortion for any reason, including abortion for emergency (forced) reasons, such as rape. This type of research is normative legal research (normative legal research method). The normative legal research method is a library legal research conducted by examining legal literature materials such as Legislation, Judge's Decisions, Books, Journals, Theses and Legal Dictionaries. The results of the study indicate that (1) The Judge imposed a sentence of 2 (two) years. This seems light and unfair because the defendant's actions should have been given a heavier sentence as stated in the case that the defendant had committed his crimes seven times. (2) The judge's considerations in imposing criminal sanctions in Decision Number 1224/Pid.Sus/PN.Mks, concluded that the judge's decision to sentence the defendant to two years in prison was lenient and did not reflect the sense of justice that should have been upheld. This was because the defendant's actions were classified as a serious crime that had a widespread moral and social impact on society.

Sefika Pradana

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The growth of digital transactions has made it easier for people to buy goods or services, including concert tickets. However, this convenience also increases the risk of fraud, especially through social media. The case of Golden Disc Award (GDA) 2024 ticket fraud on Twitter shows a systematic modus operandi, such as the use of fake accounts and identities, suspiciously cheap ticket prices, and the transfer of communication to private platforms. Victims suffer material and psychological losses, while perpetrators often disappear after receiving payment. Legally, these actions violate Article 378 of the Criminal Code, the Electronic Information and Transactions Law, and consumer rights as stipulated in the Consumer Protection Law (UUPK). This study emphasizes the importance of consumer protection in digital transactions, strengthening regulations, and improving public digital literacy to prevent fraudulent practices. Collaboration between the government, law enforcement agencies, concert organizers, digital platforms, and consumers is key to improving the security of online transactions.

M Rayhan Ramadhan; Ambo Esa; Asrul Aswar

Majelis : Jurnal Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study analyzes the application of sentence enhancement to perpetrators of fraud in the recruitment of civil servants (ASN) and examines the consistency of judicial reasoning in Decision No. 1175/Pid.B/2024/PN Mks. The research focuses on two main issues: the fulfillment of the requirements for sentence enhancement under Articles 52 and 486–488 of the Indonesian Criminal Code (KUHP), and the alignment of the judge’s considerations with the principles of criminal sentencing. Using a normative juridical method and employing statutory, case, and conceptual approaches, this research finds that the application of Article 378 KUHP was appropriate, as the elements of deception were proven. However, sentence enhancement under Articles 52 and 486–488 KUHP was not applied due to the absence of a functional connection between the perpetrator’s status as an ASN and the offense, as well as the failure to meet the formal requirements of recidivism. Although the decision is legally defensible in a formal sense, it lacks substantive completeness in addressing moral and sociological considerations. The perpetrator’s ASN status and prior conviction should reasonably serve as aggravating factors. The study concludes that while the decision is normatively consistent, it falls short of achieving substantive justice, particularly regarding public protection and the integrity of the civil service.

Silalahi, Wilma; Antonio, Michelle Linda

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The reform of criminal investigation procedures has become a crucial aspect of Indonesia’s criminal justice system renewal, particularly following the enactment of the new Criminal Code, which introduces significant shifts regarding the rights of suspects, investigative authority, and the implementation of due process of law. In an era of rapid digital development, investigative practices must also incorporate the principles of good governance and human rights protection to ensure that state authority is exercised proportionally. This study aims to analyze the relevance of the principles of good governance in modern investigative processes, assess the adequacy of due process guarantees under the current Code of Criminal Procedureand the new Criminal Code, and identify practical challenges in application. Using a normative legal research method through statutory, conceptual, and comparative approaches, the study finds that criminal investigations in Indonesia continue to face issues such as normative inconsistency, regulatory disharmony, and weak accountability mechanisms. The integration of the principles of good governance has the potential to strengthen the quality and fairness of investigations, yet requires clearer normative foundations and consistent implementation. Moreover, the new Criminal Code does not fully resolve harmonization issues with Code of Criminal Procedure, making procedural reform an urgent necessity. The findings contribute to the enhancement of suspect protection, professionalism among investigators, and the overall improvement of Indonesia’s criminal justice system.

Anggi Lia Liswati; Taun Taun

Jurnal Hukum, Administrasi Publik dan Negara 2025 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

The advancement of Artificial Intelligence (AI) technology has generated significant benefits while simultaneously creating new opportunities for cyber-based sexual offenses, particularly through deepfake technology, which enables the manipulation of a person's face into pornographic content without consent. This study examines criminal liability for perpetrators of AI-based sexual harassment and legal protection for victims in deepfake pornography cases, focusing on a case involving a student at Udayana University, Bali. This research employs a normative legal method by analyzing primary, secondary, and tertiary legal materials. The findings indicate that although Indonesian law does not yet explicitly regulate deepfake technology, perpetrators can still be prosecuted under the Electronic Information and Transactions Law, Pornography Law, Sexual Violence Law, and the new Criminal Code. Criminal intent is established through the deliberate manipulation, creation, and dissemination of non- consensual sexual content. Furthermore, victims are entitled to legal protection, including psychological recovery, privacy rights, restitution, and content removal. This study highlights the urgency of developing specific regulations addressing AI-related sexual crimes, enhancing forensic digital capabilities, and strengthening victim-centered protection mechanisms. The research contributes to the legal discourse on emerging digital crimes and emphasizes the need for adaptive legal frameworks in the AI era.  

Novia Maharani, Fitri; Eka Pratama, Risky; Rina Susanti, Destina; Nazera Arfananda, Zaky

Ethos and Pragmatic Law Review (EPLR) 2025 Yayasan Penelitian dan Pengabdian Masyarakat Sisi Indonesia

The phenomenon of mental health disorders arising from misguided love has become an increasingly relevant social issue amidst increasing emotional stress in interpersonal relationships. This journal examines the legal position of patients with mental health disorders caused by unhealthy romantic relationships, such as obsessive, manipulative, or emotionally abusive love. This study aims to examine legal protection for individuals who experience mental disorders due to detrimental love dynamics, as well as to analyze the relationship between psychological aspects and the legal responsibilities of the parties involved. The approach method used is normative legal with a literature study of laws and regulations, jurisprudence, and relevant literature. The results of the study show that although legal protection for people with mental disorders has been regulated in the Mental Health Law and the Criminal Code, there are no specific regulations governing the legal consequences of romantic relationships that cause mental disorders. Therefore, it is necessary to formulate a legal policy that is more responsive to forms of emotional violence in romantic relationships in order to guarantee the rights and recovery of victims as a whole.

Eka Rahayu Putri; Hasnah Faizah; Muhammad Imam Arifandy; Nabilatuzzahwa Nabilatuzzahwa

International Journal of Educational Sciences and Languages 2025 International Forum of Researchers and Lecturers

This research examines cases of extortion and threats between young couples through social media in Bengkalis. The analysis is conducted from the perspectives of forensic linguistics, semantics, and pragmatics. The research employs a qualitative approach with descriptive analysis. The data consists of language use in the Expert Witness Interview Report, specifically messages exchanged via WhatsApp. The findings indicate that the perpetrator engaged in both extortion and threats against the victim. The extortion involved financial demands, causing the victim to experience insecurity and trauma. Additionally, these actions violate Article 368, Paragraph 1 of the Criminal Code regarding extortion and threats against another person, as well as Article 45b of the Electronic Information and Transactions (ITE) Law, which addresses extortion and threats carried out online. Based on these findings, strict legal action is necessary, along with increased awareness of the importance of responsible social media use.

Muhammad Ali; Mispansyah Mispansyah; Diana Haiti

Law and Justice research journal 2025 International Forum of Researchers and Lecturers

The paradigm of the Indonesian criminal justice system is currently undergoing a significant shift from a retributive approach toward a restorative one. Criminal offenses resulting from negligence (culpa) present a unique case within this transition, as they lack malicious intent (mens rea in the form of dolus), yet often result in severe harm or loss of life. Despite its potential, the application of restorative justice for culpa offenses remains hindered by fragmented and sectoral regulations among law enforcement agencies, leading to legal uncertainty and inconsistent implementation. This research aims to analyze the urgency of restorative justice in negligence cases and proposes a model for its reconstruction. Using a normative juridical research method with statutory and conceptual approaches, this study examines existing regulations from the National Police, the Attorney General’s Office, and the Supreme Court. The findings indicate that the current framework requires a structural reconstruction through the synchronization of inter-institutional policies and the integration of restorative justice principles into the National Criminal Procedure Code (KUHAP). This reconstruction is essential to ensure a unified standard that balances legal certainty, the rehabilitation of the offender, and the restoration of the victim’s rights in unintentional crimes.

Sonia, Shoifatus

Journal of Law and Administrative Science (JLAS) 2025 Universitas Teknologi Surabaya

This study examines the application of law to cases of forced defense in the crime of murder committed by children based on Kepanjen District Court Decision Number 1/Pid.Sus-Anak/2020/PN Kpn. The aim is to analyze the criminalization process for child perpetrators of criminal acts and consider the legal basis used by judges in issuing decisions. This study uses a normative juridical method with a statutory and case-based approach, utilizing the Criminal Code, Law No. 11 of 2012 concerning the Juvenile Criminal Justice System, and court decisions as the main materials. The results of the study indicate that the criminalization process for children in this case is regulated by the Juvenile Criminal Justice System Law, however, the judge's considerations did not fully consider the provisions of Article 49 paragraph (2) of the Criminal Code concerning excessive forced defense. The defendant's actions should be viewed as a form of forced defense so that they can be released from all legal charges. This finding emphasizes the importance of judges' consistency in interpreting the reasons for expungement of criminal penalties so that decisions are more just, especially for children in conflict with the law.  

Aprillia, Nabila; Khasanah, Dian Ratu Ayu Uswatun; Pongantung, Ronald Jolly

DINAMIKA HUKUM 2025 Universitas Stikubank

The development of artificial intelligence technology has given birth to deepfake technology which has the potential to be misused to damage a person's digital identity. This research aims to analyze the mode of misuse of deepfake technology in Indonesia, examine its legal implications based on applicable laws and regulations, and examine the urgency of special regulation of deepfake in the Indonesian legal system. Applicable, as well as examining the urgency of special arrangements against deepfake in the Indonesian legal system. The research method used is normative juridical legal research with statutory and conceptual approaches, and data collection is carried out through literature study of primary, secondary, and tertiary legal materials tertiary. The results show that deepfake abuse can take the form of spreading fake videos, face forgery and digital identity-based fraud that harms victims socially, legally and psychologically. Although several articles in the ITE Law, Personal Data Protection Law, and Criminal Code can be used to charge perpetrators, these regulations have not specifically and explicitly regulated the characteristics and technical aspects of deepfake-based crimes. This creates obstacles in law enforcement and victim protection. Therefore, it is necessary to establish special regulations or amend existing laws so that the legal system in Indonesia is able to answer the challenges of deepfake technology appropriately, fairly, and effectively.

Isti Nurul Khadizah; A Yudo Triartanto; Akhmad Syafrudin Syahri

Jurnal Ilmu Komunikasi, Administrasi Publik dan Kebijakan Negara 2025 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

This study aims to explore structuration within the gatekeeping process of the Patroli news program in an episode reporting a case sexual violence aired on Indosiar. The research adopts a qualitative approach using the case study method. Data were collected through in-depth interviews and content analysis of the episode covering a case sexual assault committed by a resident doctor at Dr. Hasan Sadikin hospital, Bandung. The key informant in this study was the executive producer of the Patroli news program. This research employs two theoretical frameworks: Anthony Giddens’ structuration theory and Joseph A Devitto’s gatekeeping theory. The findings reveal that the Patroli news team enforces strict editorial control to avoid regulatory sanctions or public complaints. The program complies with the national journalistic standards, specifically the P3SPS broadcasting guidelines and the journalistic code of ethics. The Study concludes that Giddens’ three dimension of social structure signification, domination and legimitation are evident in the gatekeeping process, these structure, alongside the concept of gatekeeping as the filtering of news content, play significant role in shaping how sensitive criminal cares are selected and presentend to the public.  

Siti Zahra Siagian; Parlaungan G. Siahaan; Dewi Pika L. Batu; Alissa Putri Simbolon; Devi Permata Br. Bangun +1 more

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

This study aims to analyze the application of criminal procedural law in resolving narcotics crime cases at the Binjai District Court, focusing on compliance with the due process of law principle and the protection of the defendant’s rights. The research employs an empirical juridical approach through direct observation (field research) of case Number 200/Pid.Sus/2025/PN Bnj involving the defendant Novri Syahputra, who was charged as an intermediary in the sale and purchase of Class I narcotics (methamphetamine) weighing 40.81 grams net. Data were collected through direct observation of the trial proceedings and examination of relevant legal documents, including the Criminal Procedure Code (KUHAP) and Law No. 35 of 2009 on Narcotics. The findings indicate that the implementation of procedural law at the Binjai District Court was consistent with the provisions of KUHAP, covering all stages from the reading of the indictment, witness examination, evidence presentation, to the final judgment. The panel of judges demonstrated professionalism and independence while considering both aggravating and mitigating factors. However, rehabilitative and humanistic approaches have not been fully incorporated into the court’s consideration, as the sentencing remains predominantly deterrent-oriented. The study concludes that, while the formal procedural aspects of criminal procedural law have been effectively implemented, there remains a substantive need to strengthen restorative and rehabilitative justice values in future narcotics case policies.

Novenia Cecilia Nadeak; Nayla Hasana

Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Forced marriage of children as debt repayment is an exploitative practice that violates human rights principles and child protection as stipulated in the 1945 Constitution, the Child Protection Law, and the Sexual Violence Criminal Law. This study uses a normative juridical method with a legislative and conceptual approach to examine legal views on the position of children in debt repayment, the relationship between unregistered marriages and forced marriage, and the forms of legal protection that can be provided to victims. The results of the analysis show that children cannot be used as objects of debt repayment because they are not included in the category of property according to the Civil Code, while the practice of unregistered marriage, which is often used as a shortcut, is not recognized by positive law. Forced marriage of children is classified as a form of economic and sexual exploitation that is subject to criminal sanctions. Therefore, it is necessary to limit the grounds for marriage dispensation, prohibit unregistered marriages for minors, and strengthen the implementation of regulations and public awareness campaigns to ensure the protection of children's rights and prevent similar practices in the future.

Mohd. Kharris Maulana; M. Khasali Hakim

Mahkamah : Jurnal Riset Ilmu Hukum 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The research entitled Analysis of ATM Money Theft Crimes by ATM Cashiers in Batam City Using Routine Activity Theory (RAT) focuses on describing the elements of theft crimes, the threat of theft crimes, and cases of ATM money theft by ATM cashiers in Batam City. The research method used a normative legal research method with a case approach and a conceptual approach. The results of this study are as follows: The crime of theft is a crime against property as regulated in Chapter XXII of Book II of the Criminal Code, specifically Article 362, which contains subjective and objective elements. The types include ordinary theft, aggravated theft, and petty theft. The occurrence of theft is influenced by internal factors, such as the perpetrator's intention, and external factors, such as circumstances that support the crime. In the case of theft by ATM cash replenishment officers, the crime was committed through abuse of work access (special access crime). Based on Routine Activity Theory (RAT), crime occurs due to three main elements, namely a motivated perpetrator, a suitable target, and a lack of adequate supervision.

Alfathin Zakiy; Syahranuddin Syahranuddin; Rahul Ardian Fikri

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

This study analyzes the legal review of legal protection for motorcycle owners in cases of embezzlement. To anticipate the development of society in relation to changes in crime, efforts can be made to plan the creation of criminal law that accommodates all the dynamics of society. This is a policy issue, namely regarding the selection of means in regulating social life. The crime of theft is regulated in the Criminal Code book II chapter XXII Articles 362 to Article 367. Indonesia is a country that is included in the category of developing countries and of course cannot be separated from the problems that have been raised above. Crimes that occur in developing countries are still relatively high. Therefore, it is not surprising that the problem of crime or criminality in Indonesia is a result of the life of its people. Crime can be interpreted criminologically and juridically. One example of a crime is the crime of embezzlement which is regulated in Articles 372 to 377 of the Criminal Code.  The normative juridical research method with a descriptive approach, this study reveals that legal protection for motorcycle owners in embezzlement cases is based on Article 372 of the Criminal Code and Law Number 8 of 1981 concerning Criminal Procedure Law. The concept of imposing criminal penalties on embezzlement crimes in Indonesia. Article 372 of the Criminal Code and Law Number 8 of 1981 concerning Criminal Procedure Law. Thus, the judge sentenced the defendant to 3 (three) years in prison.