Publication Search

The investigation stage constitutes a crucial phase in the criminal justice system, as it determines the direction and quality of subsequent law enforcement processes. Within the context of Indonesian criminal procedural law, the Criminal Procedure Code (Kitab Undang-Undang Hukum Acara Pidana/KUHAP) grants extensive authority to law enforcement officials, particularly investigators, in order to ensure the effective disclosure of criminal offenses. However, such dominance of authority has the potential to create an imbalance between the interest of law enforcement effectiveness and the protection of human rights, especially when it is not accompanied by adequate mechanisms of limitation and oversight. This study aims to critically analyze the dominance of law enforcement authority at the investigation stage and its implications for law enforcement effectiveness and the potential for abuse of power. The research employs normative legal research using statutory and conceptual approaches, supported by qualitative analysis of legal doctrines, legislation, and relevant academic literature. The findings indicate that while the dominance of investigative authority does contribute to the effectiveness of investigations, it simultaneously creates opportunities for abuse of power due to weak internal and external oversight mechanisms. This condition results in the erosion of the principles of due process of law and the protection of suspects’ rights within the criminal justice system. Therefore, this study emphasizes the need to strengthen judicial control mechanisms, enhance the accountability of law enforcement officials, and reform criminal procedural law in order to achieve a balance between effective law enforcement and the protection of human rights within a democratic rule-of-law state.

The phenomenon of child labor exploitation in the textile industry is a form of human rights violation that continues to occur in various countries, including in the global supply chains of multinational corporations. This practice not only involves individual perpetrators but also demonstrates the systematic involvement of corporations through production policies, cost pressures, and disregard for labor standards. The concept of corporate complicity is relevant to analyzing the extent to which corporations can be held criminally liable for human rights violations that occur in their business activities. This study aims to examine the forms of corporate involvement in child labor exploitation in the textile industry and analyze the framework for corporate criminal liability from a national and international legal perspective. The research method used is normative legal research with a statutory, conceptual, and case study approach. The results show that corporations can be considered to have participated in or assisted in human rights violations if they know about, allow, or profit from the practice of child labor exploitation. Although various international legal instruments such as the UN Guiding Principles on Business and Human Rights have affirmed corporate responsibility for human rights, their implementation in national law still faces obstacles, particularly regarding proving the element of guilt and imposing criminal sanctions on legal entities. Therefore, strengthening regulations, supply chain oversight mechanisms, and strict law enforcement are needed so that corporate criminal liability can be an effective instrument in preventing the exploitation of child labor and ensuring human rights protection.

This study aims to analyze the factors causing the differences in legal treatment and their implications on the principles of equality before the law, legal certainty, and the principle of legality. The method used is empirical legal research with a juridical-sociological approach. This study involves case studies, interviews with law enforcement officers and victim advocates, as well as an analysis of regulations and court decisions. The results indicate that the differences in legal treatment are caused by the application of subjective detention requirements in the Criminal Procedure Code (KUHAP), law enforcement discretion, differing legal interpretations between prosecutors and judges, the quality of legal assistance for defendants, and social pressures and societal dynamics. The impact of these differences is the failure to achieve substantive justice, weakening legal certainty, and declining public trust in the criminal justice system. This research has significant academic urgency as it contributes to the development of the enforcement of laws regarding Human Trafficking (TPPO), emphasizing the need for consistency, transparency, and the protection of victims' rights in the application of criminal law.

This study aims to analyze the considerations of the judge in the decision of the Kupang District Court No. 81/Pid.Sus-TPK/2022/PN Kpg and the legal implications of the application of Article 3 of the Corruption Eradication Law. This research uses a normative legal method with a statutory and conceptual approach. The results show that the application of Article 3 of the Corruption Eradication Law in this case is incorrect, as the defendant is not a public official and does not have authority over the management of state finances or assets. It was also found that there was a misapplication of the law (error in juris), an error in determining the subject of the law (error in persona), and an inaccuracy in the object of the case (error in objecto). This study concludes that the case is more appropriately classified as an administrative error by state apparatus rather than a corruption crime. Academically, this research reinforces the distinction between administrative law and criminal law regarding corruption. Socially, this research emphasizes the importance of legal certainty protection and the prevention of criminalization of civil society. This study provides an important contribution to the development of legal theory, as well as the protection of individual rights in the context of criminal law.

This study aims to explain the application of normative legal research methods in analyzing corruption in Indonesia. The normative legal research method is used because the main focus of this study lies in the study of laws and regulations, legal doctrine, and court decisions related to corruption. Through this approach, the study highlights how written legal norms are implemented in law enforcement practices, as well as their effectiveness in tackling corruption, which has become a systemic problem in Indonesia. This study also evaluates the role of existing regulations in providing legal protection for the interests of the state and society, and identifies weaknesses in the legal system that are often exploited by perpetrators of corruption to avoid punishment. By focusing on the application of legal norms in enforcing corruption laws, this study also analyzes the development of jurisprudence related to corruption and the contribution of legal doctrine to more effective law enforcement. This study is expected to provide deeper insight into the strengths and weaknesses of the legal system in Indonesia, as well as provide recommendations for improving the judicial system in handling corruption cases. The results of this study are expected to enrich legal studies in Indonesia, especially in the field of criminal law and legislation related to corruption.

The Criminal Procedure Code (KUHAP) regulates three types of decisions that may be rendered by judges in criminal proceedings. A legal issue arises in situations where a defendant is proven guilty lawfully and convincingly, yet the imposition of a criminal punishment would create a conflict between legal certainty and legal justice. Article 54 paragraph (2) of Law Number 1 of 2023 concerning the Criminal Code (KUHP) introduces a new principle known as Rechtelijk Pardon, or what is referred to as a judicial pardon ruling. This provision offers guidelines for sentencing by considering various factors related to justice and humanity. Following the reform of the Criminal Code through the inclusion of this provision, there emerges a need to reform the Criminal Procedure Code as well, specifically by incorporating the judicial pardon decision into Article 191 of KUHAP. This research employs a normative legal research method using primary and secondary data sources. The research approach utilizes statutory and conceptual approaches. The results of the study emphasize the importance of adding the judicial pardon decision to Article 191 of KUHAP so that the reform of criminal law in Indonesia maintains coherence between substantive and procedural legal reforms, thereby creating a criminal justice system that is more just, humane, and responsive to societal needs.

This study aims to explore the concept of reconciliation in Christian theology as a philosophical foundation for an alternative criminal justice model involving the LGBT community. The retributive criminal law approach is often considered ineffective in addressing the complexities of legal, social, and religious conflicts related to religious sexual minorities. Using a qualitative method and a constructivist approach, this study analyzes the meaning of reconciliation through sacred texts, doctrine, and interviews with theologians, legal practitioners, and the Christian LGBT community. This approach reveals the subjective understanding of the actors regarding reconciliation and justice. The findings show that the core of reconciliation theology is the restoration of relationships, recognition, and transformation, which can form an ethical framework for the restorative justice model. This model offers a holistic solution, not only addressing legal consequences but also restoring social harmony by respecting individuals' dual identities. The article concludes that the integration of theological insights can lead to a more inclusive and transformative criminal justice paradigm for the LGBT community, resulting in a more humane and just resolution.

Forestry crimes remain a serious and recurring problem that threatens forest sustainability in Lampung Province and causes long-term environmental damage. The use of repressive penal approaches alone has been considered ineffective, as such measures tend to focus on punishment after violations occur rather than preventing crimes in advance. Therefore, this study aims to analyze non-penal efforts in preventing forestry crimes and to identify factors that hinder their effective implementation. The research used a normative juridical approach supported by an empirical approach through literature studies and interviews. The results show that non-penal strategies, including guidance, counseling, community empowerment, and conservation partnership programs implemented by the Tahura Wan Abdul Rachman KPHK UPTD, have contributed to reducing forestry crimes. Nevertheless, several obstacles continue to limit their effectiveness, such as overlapping regulations, limited numbers of law enforcement officers and supporting infrastructure, challenging socio-economic conditions of communities living around forest areas, and low levels of legal awareness and legal culture among local populations.

In Indonesia, maritime safety remains a problem. Ship captains and ship owners often disregard maritime safety standards, particularly for fishing vessels. Provisions for criminal liability for domestic fishing vessels that fail to meet maritime safety standards are an important legal instrument for regulating and enforcing maritime safety regulations in the fisheries sector. Failure of vessels to comply with safety requirements, such as the completeness of safety equipment, engine condition, and vessel structure, can potentially lead to accidents that endanger the lives of crew members and negatively impact the marine environment. This study uses a normative research method with a legislative approach. This article focuses on examining aspects of criminal liability, including the subjects, objects, and legal sanctions imposed for violations of maritime safety standards. The results indicate that perpetrators of violations can be subject to criminal sanctions in the form of fines, detention, and even revocation of vessel operating permits, taking into account human rights and environmental protection. Effective and synergistic law enforcement between relevant authorities is essential to provide a deterrent effect, encourage compliance with safety standards, and improve the system for the sustainability of marine resources.

This research examines criminal law policy in handling special narcotics crimes and their social impacts on Indonesian society. Narcotics crime constitutes an extraordinary crime that threatens public health, security, and social resilience. Therefore, the state implements criminal law policies through penal and non-penal approaches regulated in statutory provisions, particularly the Narcotics Law. This research aims to analyze the effectiveness of criminal law policies in combating narcotics crimes and to examine the social impacts arising from the implementation of such policies. The research method used is normative legal research employing statutory and conceptual approaches. The findings indicate that criminal law policies in narcotics control still face various challenges, including ineffective law enforcement, prison overcapacity, and social stigma against narcotics users. The social impacts are not only experienced by offenders but also affect families and the wider community. Consequently, criminal law policies that prioritize restorative justice, rehabilitation, and preventive measures are urgently needed to reduce negative social impacts and to ensure sustainable protection for society in Indonesia.

This community service activity aims to empower the community to have legal awareness as a preventive strategy in preventing specific crimes, both those that occur directly or through digital media. The phenomenon of violence or vigilantism, which is increasingly widespread in society, reflects a low understanding of the law, the dominance of social emotions, and distrust of formal law enforcement mechanisms. In the digital era, this behavior has also developed into online violence, such as the spread of shame, insults, and threats through social media, which has the potential to give rise to cybercrimes as regulated in the Electronic Information and Transactions Law. This activity was carried out through the Legal Awareness Family Socialization (Kadarkum) program in Baru Ulu Village, Balikpapan City, East Kalimantan, using legal counseling methods, participatory discussions, and educational approaches based on local social and cultural values. The targets of the activity were the general public, community leaders, and families as the smallest social unit in the formation of a legal culture. The results of the activity showed an increase in public understanding regarding the legal consequences of vigilantism, both in physical and digital contexts. Furthermore, the public is beginning to show a shift in attitudes toward more rational, legal-oriented problem-solving, and increased self-control in responding to social conflict. These activities contribute to building a legal culture that is more aware, preventative, and adaptive to legal challenges in the digital era.

Domestic violence (DV) is a hidden crime phenomenon with complex criminology, deeply rooted in the interaction between economic pressures and unequal social norms. Financial instability, such as unemployment and poverty, creates profound psychological stress on individuals, especially for perpetrators who fail to fulfill their breadwinner role, which is then expressed through aggressive behavior. Economic crises even causally increase stress, leading to physical or psychological violence. The dominant profile of perpetrators is men with low emotional control who are financially stressed and adhere to patriarchal ideology, while the majority of victims are women (housewives) who are vulnerable due to economic dependence and lack of access to resources, reinforcing the dynamics of economic violence as a systematic means of control. Optimizing response requires an integrated approach: strengthening law enforcement through sensitivity to non-physical violence and guaranteeing the protection of victims' assets, empowering victims economically through training and access to capital to foster independence, and transforming social norms through gender equality campaigns and deconstructing patriarchal culture that considers domestic violence a private matter.

The criminal justice system in Indonesia is very concerned about money laundering crimes that continue to grow along with technological advances and the complexity of modern economic crimes. This study examines in depth the legal provisions related to TPPU in Indonesia, which is based on Law Number 8 of 2010 concerning the Prevention and Eradication of Money Laundering Crimes. This research aims to identify the role of prosecutors as law enforcers in applying elements of anti-trafficking at the investigation and prosecution stages, as well as to analyze various obstacles that arise in the evidentiary process in court. Using a normative juridical approach, this study utilizes literature analysis, court decision review, and evaluation of relevant legal provisions. The findings of the study show that proving preliminary crimes and the flow of funds from crimes requires public prosecutors to have a comprehensive understanding of money laundering mechanisms, including the placement, layering, and integration stages. In practice, prosecutors face various challenges, such as difficulties in tracing the origins of assets disguised through complex transactions, limited access to financial technology data, and lack of cooperation support between law enforcement and financial institutions. These obstacles often cause the proving process to be protracted and less effective. Therefore, it is necessary to increase the capacity of law enforcement officials, strengthen coordination between agencies, and use more optimal technology to support efforts to eradicate trafficking more effectively and comprehensively.

This study discusses in depth the factors that cause and efforts to overcome the crime of trafficking in persons (TPPO) in the jurisdiction of the East Nusa Tenggara Police (NTT), which is known to have the highest number of trafficking cases in Indonesia. Using a juridical-empirical approach through interviews with nine resource persons consisting of law enforcement officials, women and child protection institutions, and the community, this study shows that although the substance of the law is quite adequate, its implementation is still weak and has not been able to cause a deterrent effect for perpetrators. Limited human resources, supporting facilities, and weak coordination between institutions are the main obstacles in the law enforcement process. Countermeasures are carried out through three main aspects, namely preemptive (counseling, socialization, and community economic empowerment), preventive (port supervision, formation of a monitoring team for illegal job vacancies, and cross-sector cooperation), and repressive (investigation, arrest, and legal process against perpetrators). This research also emphasizes the importance of increasing the capacity of the apparatus, synergy between agencies, and public education as sustainable steps in reducing the number of trafficking and protecting victims as a whole.

This study aims to analyze the legal review of the criminal act of aggravated theft based on decision number 1261/Pid.B/2025/PN Lbp. The method used is normative juridical law with a case approach. The results of the study indicate that the Panel of Judges at the Lubuk Pakam District Court stated that Wahyu Fahrezgi was legally and convincingly proven to have committed the crime of aggravated theft, as regulated in Article 363 paragraph (1) 3e and 5e of the Criminal Code. This crime was committed twice at night in the victim's workshop by damaging the door and taking many items which caused a loss of Rp. 25,000,000. In his considerations, the judge took into account the aggravating and mitigating elements, then sentenced him to two years in prison and decided to return the evidence to the victim. This study provides an overview of the application of criminal law related to aggravated theft and the judicial process that focuses on victim protection.

Bullying in Indonesian educational settings remains a serious problem that requires widespread attention. Poor legal understanding among children and adolescents, coupled with suboptimal child protection regulations, increases the risk of violence in schools. To address this issue, a "Fight Bullying" outreach program was conducted in Sumeith Pasinaro Village, aimed at improving students' understanding of the definition, forms, impacts, and legal consequences of bullying. This program utilized a qualitative descriptive approach and a participatory education model, involving 47 students from Sumeith Pasinaro Elementary School and Elpaputih 2 Junior High School. The methods employed included material delivery, interactive discussions, and assessments to provide students with an in-depth understanding of the legal education provided. The evaluation results showed a significant increase in students' understanding of bullying, with an average level of understanding reaching 80.83%. Students were able not only to identify the types of bullying but also to understand the long-term impacts on both victims and perpetrators. This outreach program also helped students understand the legal regulations governing bullying and encouraged them to report or stop such acts. This program emphasizes the importance of a planned and sustainable approach involving teachers and parents to prevent bullying, as well as creating a safe learning environment and supporting child protection.

Procurement of Government Goods / Services is a government spending mechanism that plays an important role in the utilization of state budget. Construction services are sectors that play an important role in Indonesia's development. Through this sector, the physical progress of development can be seen directly. In practice in general the implementation of procurement of goods / services Government construction often occurs problems, among other things, violations of both the Procurement Procurement procedure and the infringement that are detrimental to the State or the criminal act of corruption perpetrated by the organization of procurement of goods / services Construction. The purpose of this study is to determine the legal arrangements for the procurement of goods / services of construction after Perpres No. 4 Tahun 2015 and To know how the implementation of the application of criminal law of corruption in the field of goods / construction services on the decision No. 42/Pid.sus-TPK/2019/PN.KPG. This research is a normative research using primary data and secondary data. The data were collected through interview method and literature study which then analyzed qualitatively and presented descriptively. Based on the results of research has been done, the authors concluded that (1) has been arranged various legal instruments related to the implementation of procurement of goods / government construction services starting from the Act up to the Presidential Decree as a technical arrangement; and (2) the application of criminal law of corruption to the decision No. 42Pid.sus TPK/2019/PN.KPG has been in accordance with the provisions the provisions of the Act constitution. 20 year 2001 jo constutition No 31 Tahun 1999 about Eradiction Criminal Act of Corruption.

Oil and natural gas are vital resources for the state, and their management must be carried out carefully and transparently. However, the complexity of existing management is often exploited by irresponsible parties to commit corruption that harms state finances. This study aims to analyze how criminal law regulates the accountability of perpetrators in the oil management corruption case at Pertamina in 2025. The method used is normative juridical, by reviewing laws and regulations regarding corruption, state-owned enterprises (BUMN), and related legal literature. The results of the study indicate that criminal liability in this case is not only directed at individual officials, but also corporations or companies. This is because the element of mens rea (malicious intent) was found in the act. Therefore, law enforcement must focus more on recovering state losses and improving Pertamina's internal oversight system, rather than simply imprisoning the perpetrators.

This study analyzes the practice of tender rigging, which is a dominant form of irregularity in government procurement of goods and services. The study focuses on identifying and analyzing the modus operandi, which includes the use of borrowing flags, document manipulation, leaking of the Self-Estimated Price (HPS), and price agreements between participants (tender arisan). The research findings reveal that the collusion occurs in two patterns: vertical between providers and the committee, and horizontal between providers. Both patterns fulfill the elements of unlawfulness as stipulated in Articles 2 and 3 of the Corruption Eradication Law. This practice of tender rigging causes significant state financial losses and undermines fair business competition. Therefore, the effectiveness of law enforcement depends heavily on accurate proof of state losses and good coordination between law enforcement officials and the Business Competition Supervisory Commission to ensure fair resolution in accordance with applicable legal provisions.

The Attorney General's Office plays a strategic role as a neutral facilitator that initiates, leads, and oversees the peace process, from peace offers and mediation to the issuance of a suspension of prosecution based on Attorney General Regulation No. 15 of 2020, while still considering the best interests of children, the restoration of social relations, and the legal benefits for all parties. This approach is considered effective in minimizing the traumatic impact of formal judicial proceedings on children while encouraging the social reintegration of perpetrators. However, the implementation of restorative justice still faces internal obstacles, such as limited operational regulations, the understanding and capacity of law enforcement officials, and suboptimal infrastructure. On the other hand, external obstacles arise from low public awareness of the law, a tendency to demand severe punishment, and a culture that emphasizes pride, which hinders the acceptance of peaceful resolutions. This study emphasizes the importance of strengthening regulations, improving the competence of officials, optimizing the function of Restorative Justice Houses, and intensifying public awareness so that the application of restorative justice in cases of child abuse is not only a procedural alternative but truly functions as a fair and sustainable recovery mechanism.