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Elysa Diah Pramesti

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

This study aims to determine whether the Penal and Non-Penal Integral Policy can be implemented to increase the effectiveness of eradicating online gambling crimes and to determine the obstacles faced by the local government in implementing the Integral Policy on Online Gambling Crimes in Surakarta. This type of research uses empirical legal research, with a descriptive research nature. The research location is at the Surakarta Police, Surakarta City. The types and sources of data in the study consist of two types, primary data and secondary data. Data collection techniques are by observation, interview, and decision study techniques. The results of this study show that the causes of the rampant online gambling in the Surakarta Police area are economic problems, community disobedience to the law, morality factors, low Human Resources (HR), and tradition. The eradication of online gambling in the Surakarta Police area can be said to be effective, although in reality online gambling continues to grow, but during the last five years (2020-2025) there has only been one case file handled regarding online gambling, However, the role of the Police in handling online gambling cases is still limited, so that the perpetrators of gambling are only subject to Article 303 of the Criminal Code concerning gambling. and in handling online gambling cases, there are various obstacles found in the field, both in terms of time, costs and processes that are not easy to imagine.

Rafadhea Fauzia Aydraghifary; Rinaldy Amrullah; Sri Riski

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study examines criminal liability for the crime of exhibitionism in Indonesia and the forms of protection provided to its victims. Exhibitionism is a deviant behavior in the form of exposing genitals to others without consent, which is classified as a form of sexual harassment. Although often considered a minor act or even just "fun", exhibitionism has serious psychological impacts on victims, such as trauma, fear, anxiety, and long-term mental disorders, especially if it occurs repeatedly or is experienced by minors. From a legal aspect, the crime of exhibitionism can be prosecuted through several articles in the Criminal Code (KUHP), including Article 281 which regulates indecent acts in public, and Article 289 if the exhibitionism is carried out with violence or threats of violence. In addition, Law Number 44 of 2008 concerning Pornography can also be used as a legal basis, especially if the exhibitionism is carried out through digital media. If the victim is a child, Law Number 35 of 2014 concerning Child Protection will increase the perpetrator's punishment. The criminal liability of exhibitionists depends heavily on their mental state. Under Indonesian criminal law, a person can only be held criminally responsible if they are legally capable of being held accountable. If a perpetrator is proven to have a serious mental disorder based on a psychiatric expert's testimony, they may be subject to special measures instead of criminal punishment, such as rehabilitation in a mental hospital. Protection for victims of exhibitionism must be comprehensive. This includes facilitating the reporting process to authorities, prompt handling by law enforcement, providing counseling or psychological support, protecting the victim's identity, and educating the public to prevent exhibitionism. Integrating legal aspects, mental health, and public education is crucial in breaking the chain of this crime.

Syarif Hidayatulloh; Sigit Kamseno

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

In a criminal justice system that upholds the principle of justice, the protection of suspects' rights is a crucial and fundamental component. Investigators play a crucial role in ensuring suspects' rights are protected during the investigation process, including the right to legal counsel, the right to access information, and the right to be free from arbitrary prosecution. The aim of this study is to explore the role of investigators in guaranteeing these rights and highlight challenges in their implementation. The study revealed that many suspects did not receive legal assistance from the beginning of the examination, lacked understanding of their rights, and faced investigations that often violated due process of law. This problem is exacerbated by limited human resources, inadequate internal oversight, and lack of ongoing training for investigators. These factors contribute to the failure to enforce the rights of suspects as a whole, which impacts the fairness and integrity of the legal process. In an effort to realize a fast, simple, and inexpensive judicial process, as promised in Law Number 48 of 2009, this study emphasizes the need for reforms to strengthen the investigation process. The reforms include improvements in the aspects of supervision and more in-depth training of investigators on human rights, so that they can better understand and implement the protection of the rights of suspects. In addition, the use of technology in investigations, such as digital-based information systems to manage evidence and legal processes, can increase transparency and accuracy in every stage of investigation. Strengthening internal supervision mechanisms is also very important to minimize abuse of authority by investigators. On the other hand, it is important to periodically evaluate the application of standard operating procedures (SOPs) in investigations, in order to ensure compliance with applicable laws and provide justice for suspects.

Arif Junaidi; Rizki Nurdiansyah

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

Indonesia has two frameworks of a criminal law system that runs in parallel, namely Western criminal law which comes from the Dutch colonial heritage through the Criminal Code (KUHP) and customary criminal law that develops in society based on traditional norms. Both have important positions in the national legal system despite their different characters and sources of legitimacy. The Criminal Code is present as a general written law with a strong codification and legal certainty, while customary criminal law is more flexible, dynamic, and emphasizes the value of social justice that lives in society. In practice, the application of customary criminal law is often oriented towards restoring harmony, deliberation, and family settlement. This is different from the Criminal Code which emphasizes formal sanctions in the form of imprisonment, fines, or other punishments that are retributive. This difference in orientation is what makes customary criminal law still relevant and accepted in various regions, even though it does not always receive full recognition in Indonesia's positive legal system. Along with the times, the government has drafted a Draft Criminal Code Bill (RUU KUHP) which is expected to be a form of national criminal law unification. The Criminal Code Bill from 2005 to the latest one in 2020 tried to incorporate elements of customary criminal law into the national legal framework. This aims to accommodate the legal pluralism that exists in Indonesia, as well as answer the needs of the community for a legal system that not only provides legal certainty, but also reflects a sense of social justice. Thus, the comparison between the Criminal Code and customary criminal law shows that there is tension as well as the potential for integration.

Tedy Subrata; Suandi Suandi; Markuat Markuat; Salmah Salmah; Turija Turija +1 more

IJLS (International Journal of Law and Society) 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Document forgery is a criminal offense that frequently occurs in society, despite being clearly regulated under Article 263 Paragraphs (1) and (2) of the Indonesian Penal Code (KUHP). This community service activity, conducted in Bantarpanjang Village, Tigaraksa District, Tangerang Regency, aims to raise public legal awareness regarding document forgery crimes. Through legal education sessions, the community was informed about the elements of documented forgery offenses, various forms of forgery, and the associated legal consequences, including imprisonment of up to six years. The program also emphasizes the importance of verifying the authenticity of documents used in legal and social transactions. The results showed high enthusiasm and participation from the community, along with an increase in their understanding of the importance of valid legal documents. Comprehensive evaluations were carried out to measure the effectiveness, sustainability, and impact of the program in enhancing community legal awareness.

Sri Indarwati Mista'i Sjaf; Herowati Poesoko; Miftahul Munir

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

The practice of anatomical corpse (cadaver) surgery in medical education has an important value to improve the understanding and skills of medical students related to the anatomy of the human body. However, uncivilized acts of the corpse in this practice can raise legal and ethical issues. This study aims to analyze whether the practice is in accordance with the principles of law, ethics, and respect for the corpse, as well as how the act of treating the corpse uncivilized can be categorized as an unlawful act (wederrechtelijk). The research uses a normative approach with primary, secondary, and tertiary legal analysis, including the Criminal Code, Law Number 17 of 2023 concerning Health, and Regulation of the Minister of Health Number 38 of 2022. The results of the study show that there is a gap in norms related to legal uncertainty in regulating the treatment of corpses in the practice of medical education. Existing norms have not explicitly provided detailed guidance on uncivilized acts, thus opening up space for multiple interpretations. The uncivilized treatment of corpses violates the principles of respect for human dignity as stipulated in criminal law and medical ethics. Therefore, systematic legal interpretation and regulatory reform are needed to provide legal certainty, protect the rights of the corpse, and ensure that the practice of medical education runs in accordance with the principles of ethics, law, and respect for the corpse. This study provides recommendations to strengthen regulations and ethical education in the use of cadavers in order to maintain public trust in the medical profession.

Gunawan Widjaja; Songga Aurora Abadi; Alam Anbari

Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The phenomenon of homelessness and begging in public places remains a complex social problem that impacts public order and legal norms. The main problem in this study is how criminal law is applied to homelessness and begging in public places, and how the provisions compare in the old Criminal Code and the new Criminal Code based on Law Number 1 of 2023. This study uses a normative juridical method with a legislative approach and literature study. In the old Criminal Code, begging is regulated in Article 504, which threatens imprisonment for anyone who begs in public. Meanwhile, the new Criminal Code regulates similar acts in Article 425, which no longer uses the term "begging" explicitly, but regulates the prohibition against the repeated exploitation of certain activities in public places that disturb the community. The results of the study show that although there is continuity in substance, the new Criminal Code tends to use a more humanistic approach and emphasizes social rehabilitation. Law enforcement against homelessness and begging still faces various obstacles such as low public reporting, limited police supervision, and a lack of rehabilitation facilities. Therefore, the main conclusion of this study is that a repressive approach alone is insufficiently effective. An integrated legal strategy is needed, combining penal and non-penal approaches with the active involvement of the government, the community, and social institutions.

Farantika Dwi Hardini; Azahra Wulandari Aji; Fakhri Azhar; Aditya Amarta Putra; Ali Baroroh Al Muflih

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

This article discusses the phenomenon of criminalisation of online gambling in society and its implications for the criminal justice system in Indonesia. Gambling, which is regulated in the Criminal Code (KUHP) Article 303 and Article 303 bis, has undergone transformation in line with the development of information technology. Online gambling, as a form of gambling that utilises the internet, poses new challenges in law enforcement and community protection. In this context, this study aims to analyse the social impact of online gambling as well as the effectiveness of the criminal justice system in handling gambling cases that occur in cyberspace. Through a normative approach and juridical analysis, this article finds that despite clear regulations on gambling, the implementation of the law still faces obstacles, including the lack of public understanding of the risks and legal consequences of online gambling. Therefore, synergy between law enforcement, government, and the community is needed to create more effective awareness and prevention of online gambling practices.

Sukowati Sukowati; Fristia Berdia Tamza; Eko Raharjo; Firganefi Firganefi

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2025 STAI YPIQ BAUBAU, SULAWESI TENGGARA

Criminal law aims to maintain order and justice in society through the criminalization of criminals. One form of serious crime is the crime of murder, which is expressly regulated in the Criminal Code. This crime is a serious concern given the high impact it causes, especially when it is committed repeatedly or by a rwsidivis. The recidivism case of murder contained in Decision Number 7/Pid.B/2023/Pn Kla shows the complexity in the criminal sentencing process. The defendant had previously been convicted in a murder case, but returned to commit a similar crime shortly after his sentence. The prosecutor demanded a sentence of 15 years in prison, and the judge ruled in accordance with article 338 of the Criminal Code without applying the criminal burden as stipulated in the provisions on recidivism. This raises questions related to the basis of judge's consideration and its relevance to the purpose of criminal law, especially in providing a deterrent and justice effect for the community. The problem in this study is what is the basis for the judge's consideration in imposing a criminal sentence on a recidivist for the crime of murder, and whether the verdict has fulfilled the purpose of sentencing a recidivist perpetrator of the crime of murder.

Emmy Evelina Marpaung

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study examines the application of material criminal law and the judge's legal considerations in two corruption cases: Central Jakarta District Court Decisions No. 3/Pid.Sus-TPK/2025/PN Jkt.Pst. and No. 21/Pid.Sus-TPK/2025/PN Jkt.Pst. Conducted within the jurisdiction of the Supreme Court of the Republic of Indonesia, the research uses literature review methods, including laws, court decisions, and related legal literature. The study adopts a descriptive approach to analyze and present findings. Results indicate differing views between the public prosecutor and the panel of judges. The Public Prosecutor believes the defendant is proven guilty under Article 2(1) of Law No. 31/1999 on the Eradication of Corruption (amended by Law No. 20/2001), in conjunction with Article 55(1) of the Criminal Code, Law No. 46/2009 on the Corruption Court, and Law No. 8/1981 on Criminal Procedure. However, a dissenting opinion emerged among the judges. One judge disagreed with the majority, arguing that Judex Facti incorrectly applied the law. The judge emphasized that in cases with alternative charges, the court must evaluate all charges collectively rather than selectively, as in subsidiary charges. Therefore, the judge believed that the charge meeting the legal elements revealed in court should be selected based on comprehensive evaluation. This dissent highlights the legal complexity and interpretive challenges in corruption trials under Indonesian law.

Andi Mirza; Dahlan; Teuku Muttaqin Mansur

IJLS (International Journal of Law and Society) 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Health care is a fundamental right of every citizen guaranteed by the constitution and various laws and regulations. However, in practice there are still cases of health care malpractice that often occur, either due to negligence, carelessness, lack of competence, or violation of professional standards. Such actions not only have an impact on the physical and psychological harm of patients, but also raise questions regarding the legal responsibility of the perpetrators, especially in the criminal realm. The problems in this study are how health care malpractice in the perspective of criminal law and how criminal liability for health care malpractice. This research uses normative juridical research method with statute approach and conceptual approach. The results showed that health care malpractice must be viewed as a criminal offence that can be subject to criminal liability in accordance with the provisions in the Criminal Code, Law Number 17 of 2023 concerning Health, and other regulations.

Awaluddin Siregar; Syahrul Bakti Harahap

Jurnal Ilmu Hukum Sosial dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

Indonesia is a country that prioritizes law. This has been explained explicitly in the 1945 Constitution. Criminal law in Indonesia is one of the main guidelines in realizing justice. An act is constituted as a crime and formulated in law if the act is assessed by the legislator as an act that endangers a legal interest. By establishing a prohibition against committing an act accompanied by criminal threats/sanctions for anyone who violates it, it means that the law has provided legal protection for these legal interests. In this problem, the researcher focuses on questions and legal objectives regarding legal protection for victims in cases of sibling murder, namely as follows: 1. What are the factors that cause serious abuse based on case number 720/Pid.B/2023/PN Lbp? 2. What is the criminal responsibility for perpetrators in cases of serious abuse based on case number 720/Pid.B/2023/PN Lbp. Research is the most important part of the entire series of activities for writing a scientific work, because to answer the main research problem, the object of the problem described in the problem formulation will be answered. The research location is a place or area where the research will be carried out. The location of this research is the Lubuk Pakam Class I-A District Court located at Jalan Jendral Sudirman No. 58 Lubuk Pakam, Postal Code: 20512, Tel/Fax: (061) 7955861, North Sumatra. Serious maltreatment is an act of violence that is carried out intentionally and results in serious physical injury or even death to another individual. Cases like this not only harm physically, but also emotionally and psychologically for the victims and society in general. An appropriate and effective legal process in handling cases of serious abuse is important to uphold justice, provide protection to victims, and prevent future violence.

Gunawan Widjaja; Songga Aurora Abadi; Alam Anbari

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

The phenomenon of homelessness and begging in public places remains a complex social problem and has an impact on public disclosure and legal norms. The main problem in this study is how the criminal law against homelessness and begging in public places, and how the calculation of its provisions in the old Criminal Code and the new Criminal Code based on Law Number 1 of 2023. This study uses a normative juridical method with a regulatory-statutory approach and literature study. In the old Criminal Code, the act of begging is regulated in Article 504 which threatens imprisonment for anyone who begs in public. Meanwhile, the new Criminal Code regulates similar acts in Article 425 which no longer uses the term "begging" explicitly, but regulates the prohibition against the repeated exploitation of certain activities in public places that disturb the community. The results of the study show that despite substantial continuity, the new Criminal Code tends to use a more humanistic approach and emphasizes social rehabilitation. Law enforcement against homelessness and begging still faces various obstacles such as low public reporting, limited supervision by officials, and minimal rehabilitation facilities. Therefore, the main conclusion of this study is that a repressive approach alone is insufficiently effective. An integrated legal strategy is needed, combining penal and non-penal approaches, with the active involvement of the government, the community, and social institutions.

Mhd. Raihan Rizqullah; Rahmat Surkhalid Nasution; Sabda Abdillah Lubis; Muhammad Ichsan Parinduri; Limrogate Immanuel

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

The development of digital technology has provided convenience in various aspects of life, but also presents new challenges in the form of cybercrime. One of the increasingly widespread modes in Indonesia is the spread of APK (Android Package Kit)-based malware via short messages offering fake job vacancies or fictitious package notifications. When the victim downloads and installs the application, the perpetrator gains access to personal data and banking accounts, which are then used for criminal acts. This phenomenon causes great financial and emotional losses for the community and tests the effectiveness of criminal law in dealing with technology-based cybercrime. This study uses a normative juridical approach with an analysis of laws and regulations, scientific literature, and actual case studies. The results of the study show that the perpetrators can be charged with Articles 30, 32, and 35 of the ITE Law, as well as provisions in the new Criminal Code. However, the implementation of law enforcement still faces challenges, such as digital evidence, limited investigator capacity, and minimal cross-country cooperation. Therefore, cyber law policy reform, increasing digital literacy in the community, and strengthening coordination between law enforcement agencies are needed.

surya, maya; Budi Sastra Panjaitan; Arifuddin Muda Harahap

Abstract. The environment is not merely a legal object, but rather a living space for humans that is intertwined with the continuity of life itself. In this context, the criminalization of environmental crimes must be understood as an effort to uphold substantive justice, not merely the fulfillment of legal procedures. This article examines the comparison between the 2023 Criminal Code and Law No. 32 of 2009 (Environmental Protection and Management Law), as well as the alignment of both in responding to ecological crimes. With a normative juridical approach and philosophical analysis, a tension was found between the formalistic approach in the Criminal Code and the ecological approach in the Environmental Protection and Management Law. This inconsistency has the potential to obscure the substance of environmental justice. Therefore, a renewal of the penal paradigm that favors the intrinsic value of nature and the principle of sustainability is necessary. Abstrak. Lingkungan hidup bukan sekadar objek hukum, melainkan ruang hidup manusia yang menyatu dengan keberlangsungan kehidupan itu sendiri. Dalam konteks ini, kriminalisasi tindak pidana lingkungan harus dimaknai sebagai upaya menegakkan keadilan substantif, bukan semata pemenuhan prosedur hukum. Artikel ini mengkaji perbandingan antara KUHP 2023 dan UU No. 32 Tahun 2009 (UU PPLH), serta menelaah keselarasan keduanya dalam merespons kejahatan ekologis. Dengan pendekatan yuridis normatif dan analisis filosofis, ditemukan adanya ketegangan antara pendekatan formalistik dalam KUHP dan pendekatan ekologis dalam UU PPLH. Ketidaksinambungan ini berpotensi mengaburkan substansi keadilan lingkungan. Oleh karena itu, diperlukan pembaruan paradigma pemidanaan yang berpihak pada nilai intrinsik alam dan prinsip keberlanjutan.

Endang Setiadi Permana; Deny Ernawan; Ade Suparman; Ahmad Burhanuddin

Jurnal Inovasi Sosial dan Pengabdian 2025 Lembaga Pengembangan Kinerja Dosen

The purpose of this activity is to find out how much knowledge the local community in Patimban Village has regarding the internet to avoid fraud on online shopping sites or E-commerce. This Community Service Activity uses a field observation method (direct observation) by visiting people's homes through the distribution of information paper. The results of the activity concluded: first, online fraud is in principle the same as conventional fraud through the use of electronic systems (computers, internet, telecommunications devices) as a criminal act of fraud based on Law Number 11 of 2008 concerning Information and Electronic Transactions. Law enforcement officers often experience difficulties and obstacles in ensnaring perpetrators of fraud; and second, this criminal act of fraud can be charged with Article 378 of the Criminal Code as a criminal act of fraud or Article 28 paragraph (1) of the ITE Law concerning the regulation of the spread of false and misleading news that is detrimental to consumers. Or it can be charged based on both articles at once, namely, 378 of the Criminal Code in conjunction with Article 28 paragraph (1) in conjunction with Article 45 paragraph (1) of Law No. 11 of 2008 concerning fraud and/or ITE crimes.

Maulana Halim Putra; Rizanizarli, Rizanizarli; Sulaiman, Sulaiman

IJLS (International Journal of Law and Society) 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Law Number 1 Year 2023 on the Criminal Code (KUHP) is a form of national criminal law reform that recognises the existence of customary criminal law. However, it has not been regulated in detail how the implementation and position of customary criminal law as a reason for criminal prosecution, and there are fundamental differences between the two concepts of the legal system. The problems in this research are how the position between customary criminal law and national criminal law in the new Criminal Code, how the legal certainty of the regulation of customary criminal law in the new Criminal Code, and how the challenges in enforcing customary criminal law using the current criminal justice system in Indonesia. This research uses normative juridical method with regulatory and conceptual approaches. The results show that the applicability of customary criminal law is limited to the area where the law lives and applies to customary criminal acts committed in the area where the law lives. The position of customary criminal law can be valid as a reason for criminal prosecution if the customary law that is still alive in the community has been stipulated in the form of Regional Regulations, and customary offences that are similar to offences in the New Criminal Code will be ruled out, and the classification of customary sanctions as additional sanctions, positioning customary penalties to be complementary or secondary, because additional sanctions can only be imposed together with the main sanctions. Legal certainty towards the regulation of customary criminal law is highly dependent on the formulation of the elements of each offence of customary criminal law stipulated in regional regulations. The current criminal justice system in Indonesia (KUHAP) cannot realise the objectives of customary criminal law. The objectives, characteristics, and procedures in the concept of customary law are contrary to those in the criminal justice system. Restorative Justice can be utilised as an alternative to the settlement of customary criminal cases when the New Criminal Code comes into effect.

S. Zulfikar G.Assegaf; AL, Suardi; N, Nur Abdi Fadya H.; Mathius, Denny; Mansyur, Mauluddin +1 more

Jurnal Riset Rumpun Ilmu Kedokteran 2025 Pusat riset dan Inovasi Nasional

Malpractice has the potential to harm patients, change the perception of the public, especially patients, and ultimately lead to public demands for doctors to be held accountable for their actions because only certain acts can be punished.  One of the malpractice cases that has been examined, decided and heard at the Makassar District Court is decision number 441/Pid.Sus/2019/PN.Mks. In the verdict, the defendant is suspected of having committed malpractice Article 79 letter c of Junto Article 51 letter a of Law of the Republic of Indonesia Number 29 of 2004 concerning Medical Practice and Article 360 paragraph (1) of the Criminal Code. One of the cases that attracted attention was a case involving dr. ES, a doctor who was proven to cause serious harm to patients due to negligence in providing informed consent. This study uses a qualitative approach with case studies to analyze legal decisions taken in malpractice cases. This malpractice case demonstrates the importance of the application of informed consent in any medical procedure, especially in aesthetic practices involving invasive procedures.

Heri Siswan; Budi Sastra Panjaitan; Arifuddin Muda Harahap

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

Domestic violence (KDRT) is a form of human rights violation that occurs in the domestic space and has a wide impact on the integrity of the family. The reform of the criminal law through Law No. 1 of 2023 concerning the Criminal Code marks a more serious recognition of domestic violence as a criminal act. This article aims to examine the update of the criminal rules against domestic violence perpetrators in the new Criminal Code and examine it from the perspective of Islamic law. Using a normative juridical approach and comparative analysis, this study found that the new Criminal Code has adopted a more progressive approach to victim protection, including in criminal arrangements against perpetrators. On the other hand, Islamic law views domestic violence as a violation of the principles of justice, compassion, and moral responsibility in the family. Criminalization in Islam is preventive and corrective, and emphasizes a just solution, not merely repressive. Therefore, the reform of the national criminal law needs to be harmonized with Islamic values, in order to establish a penal system that is not only legally just, but also ethically and socially.

Eka Putra Zakran; Budi Sastra Panjaitan; Arifuddin Muda Harahap

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

The reform of criminal law in Indonesia through Law No. 1 of 2023 concerning the Criminal Code (KUHP) marks an important paradigm shift in the criminal justice system, especially related to the protection of victims of crimes. So far, the orientation of the Criminal Code of colonial heritage has emphasized more on the perpetrators of crimes, while victims are often positioned passively and marginalized. This article aims to critically examine the extent to which Law No. 1 of 2023 strengthens the rights of victims, both in material and procedural aspects. With a normative juridical approach and an analysis of the new norms in the National Criminal Code, this article finds that a number of provisions, such as the victim's right to restitution, participation in judicial proceedings, and identity protection, reflect a greater recognition of the interests of the victim. However, in practice, there are still implementation challenges, including limitations in the mechanism for the implementation of these rights, as well as potential inequalities in access to justice. Therefore, it is necessary to strengthen derivative regulations, socialization, and synergy between law enforcement agencies to ensure that victim protection runs effectively and fairly.