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Pesona Bias Pelangi Karina Putri

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

Child exploitation is a serious violation of human rights that involves children as victims. In Indonesia, such cases frequently occur due to severe economic pressure, lack of education, weak social supervision, and inadequate law enforcement. Children are often used as laborers or sources of income, either directly in the informal sector or through digital media. This study aims to examine how the juvenile criminal justice system in Indonesia addresses cases of child exploitation and to evaluate the effectiveness of legal protection for child victims. The research employs a normative juridical approach by referring to statutory regulations and relevant legal concepts. Data were collected from various primary legal sources, including the Child Protection Law and the Juvenile Criminal Justice System Law. The findings indicate that although legal regulations are relatively clear and firm, their implementation in practice remains problematic. Coordination among institutions is not yet effective, social rehabilitation for victims is insufficient, and public awareness regarding children’s rights remains low. Law enforcement also has not fully prioritized the restorative justice approach, which emphasizes victim recovery and active community involvement. Therefore, stronger and more integrated legal policies, improved law enforcement capacity, and the empowerment of families and communities are required to ensure sustainable child protection.

Enrico Winadi; Benedictus Renny See; Antonius Maria Laot Kian

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

This journal examines the criminal act of corruption related to village treasury land (tanah kas desa) in Yogyakarta, with a specific focus on the District Court Decision No. 8/Pid.Sus-TPK/2023/PN Yyk. The objectives are to identify the underlying reasons behind corruption practices, analyze the application of substantive criminal law, and assess the state losses as well as possible preventive measures for future land management. The study employs a qualitative research method through interviews, documentation, and literature review, involving key informants from the judiciary, prosecution office, police sector, and village administration. The findings reveal that corruption in village treasury land is driven by internal factors such as personal motives, economic background, moral integrity, legal awareness, and authority, as well as external factors including non-transparent bureaucracy, ingrained corruption culture, weak supervision, ineffective legal systems, and socio-economic pressures. The application of substantive criminal law is reflected in the assessment of elements of corruption, judicial considerations, and the interplay between legal norms, social impacts, and local wisdom. Furthermore, the study highlights significant economic and social losses, and recommends strategies for prevention, governance improvement, and strengthening accountability to minimize corruption risks in village land management.

Anisa Nazaila Idris; Mahfudzah Rahva Nur Laily; Syarifuddin, Syarifuddin

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

Law enforcement against narcotics crimes in Indonesia faces various complex problems, both from legal aspects, institutional structure, and community legal culture. Even though Law Number 35 of 2009 concerning Narcotics has been enacted, the circulation and abuse of narcotics is still increasing every year. This study aims to analyze problems in law enforcement against perpetrators of narcotics crimes and identify the factors that affect them. The research method used is normative juridical with a legislative approach and a case approach. The results of the study show that the main obstacles lie in the lack of coordination between law enforcement agencies, weak integrity of the apparatus, overlapping regulations, and low public legal awareness. In addition, the limitation of supporting facilities and infrastructure such as rehabilitation facilities, forensic laboratories, and early detection technology also hinders the effectiveness of case handling. The high modus operandi of increasingly sophisticated narcotics networks is also a challenge for the authorities. Therefore, strengthening regulations, increasing the capacity of human resources, utilizing modern technology, and more intensive collaboration between agencies need to be optimized as a comprehensive effort to strengthen the effectiveness of law enforcement in the narcotics sector.

Kadek Ferdian Dwi Arsa

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

Consumer criticism on social media is a common form of expression used to convey dissatisfaction with products or services. However, such criticism often generates controversy, especially when it is perceived to harm the reputation of a company. Although the right to freedom of expression is guaranteed by the Consumer Protection Law, in practice, this guarantee frequently conflicts with the defamation provisions outlined in the Electronic Information and Transactions (ITE) Law. The case of "Om Polos Banget" serves as a concrete example where consumer criticism led to legal charges due to allegations of defamation. This study aims to analyze the boundaries of consumer freedom of expression on social media within the context of Indonesian legal regulations and to identify the elements of defamation that may ensnare consumers. The research utilizes a normative juridical method, focusing on the analysis of relevant laws and regulations concerning freedom of expression and defamation. The results of the study indicate that while consumers have the right to criticize, there are legal boundaries that must be observed to prevent the criticism from resulting in legal action. Therefore, clearer policies are needed to ensure a fair balance between consumer freedom of expression and corporate reputation protection, as well as the importance of consumers maintaining ethical conduct when expressing criticism on social media.

Wahyu Taruna Wibowo

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

The return of state financial losses does not eliminate the criminal penalty for perpetrators of corruption. However, differences in the application of Restorative Justice in corruption cases have created legal uncertainty, especially in resolving corruption cases that involve relatively small state financial losses. This study aims to examine and analyze the implementation of Restorative Justice for perpetrators of corruption in the management of village funds, which are often caused by administrative errors, lack of understanding, or weak supervision rather than intentional acts of enrichment. This type of research is Doctrinal, using the statute approach, namely legal research that focuses on the application and interpretation of normative legal provisions (laws and regulations) as well as a theoretical concept approach to understand justice in a restorative framework. The resolution of village fund corruption cases with small losses should ideally prioritize recovery of losses and community restoration, but cannot eliminate the criminal aspect entirely, so clear legal guidelines are needed to ensure fairness and legal certainty.

Eko Syukri Mulyadi; Rachman Hakim

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

Corruption in Indonesia has become a systemic and complex issue, posing a threat to economic, social, and political stability. Despite various efforts, including the establishment of the Corruption Eradication Commission and robust law enforcement, Indonesia’s Corruption Perception Index has remained stagnant or declined in recent years. This is primarily due to the inadequacy of conventional audit methods, which struggle to detect complex and hidden corruption schemes. This study examines how the role of investigative audits by the Supreme Audit Agency (BPK) can be optimized through synergy with the Whistleblowing System (WBS) to enhance corruption eradication efforts in Indonesia. Investigative audits, which focus on detecting fraud, are crucial as they can convert audit evidence into legal proof in corruption cases. However, the BPK’s role is often hindered by limited human resources, independence, and weak coordination. Using qualitative research and a literature review, this study analyzes relevant documents, books, scientific journals, and official reports to identify and classify relevant data. The findings indicate that strong synergy between BPK's investigative audits and the WBS is essential. Optimizing these two instruments requires significant reforms, including strengthening whistleblower protection laws, improving inter-agency collaboration, and fostering a robust anti-corruption culture. The study concludes that BPK’s investigative audits are effective in uncovering state losses, but their success depends on follow-up actions and coordination with law enforcement. The WBS can detect corruption early, but its effectiveness is limited by weak whistleblower protection and lack of trust in internal reporting channels.

Satriya Aldi Putrazta

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

This study discusses legal protection for victims of human trafficking disguised as job vacancies in Myanmar, which has affected hundreds of Indonesian citizens. This phenomenon shows a new mode of digital-based human trafficking through social media, offering fictitious high-paying jobs that ultimately lead to forced labor in the online scamming sector. This study uses a normative legal research method with a legislative and conceptual approach, which examines Law Number 21 of 2007 concerning the Eradication of Human Trafficking, Law Number 18 of 2017 concerning the Protection of Indonesian Migrant Workers, the 2000 Palermo Protocol, and a number of International Labor Organization (ILO) conventions related to forced labor and labor migration. The results of the study show that this case fulfills the elements of human trafficking as stipulated in Article 2 paragraph (1) of the TPPO Law, because there are elements of recruitment, fraud, confinement, and forced labor exploitation. From an international law perspective, these actions violate the provisions of the Palermo Protocol and the ILO convention on the elimination of forced labor. The Indonesian government has a legal and moral responsibility to provide protection and recovery for victims of TPPO, as well as to ensure the principle of non-criminalization. However, the implementation of protection is still hampered by weak supervision of digital recruitment, jurisdictional limitations, and suboptimal cross-border cooperation. Therefore, it is necessary to strengthen the digital-based migrant protection system, enhance bilateral and multilateral cooperation, and apply the principle of state due diligence in the prevention and enforcement of laws against cross-border TPPO.  

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.  

Adi Budiman; Haris Retno Susmiyati; Orin Gusta

Pemuliaan Keadilan 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Illegal mining activities in Sebulu District have become a serious issue as they not only violate the law but also cause significant damage to public infrastructure such as village roads, bridges, and drainage systems, which are deteriorating due to heavy trucks transporting mining materials. Although Article 158 of Law Number 3 of 2020 concerning Mineral and Coal Mining stipulates strict sanctions, law enforcement remains weak. The main contributing factors are local community involvement, inadequate supervision by authorities, and social legitimacy that perceives mining as a normal activity. This study aims to analyze criminal liability for illegal mining offenders and to identify its social and environmental impacts in Sebulu District. The research applies a socio-legal approach that combines normative and empirical methods. The normative approach examines applicable legal provisions, while the empirical approach includes field observations, interviews with local officials and residents, and documentation of relevant regulations and events. The findings indicate that the most severe impacts are the deterioration of village roads and bridges and environmental degradation, such as changes in water color in nearby drainage channels. These conditions cause public concern and disrupt daily life. Weak law enforcement allows illegal mining to persist. Therefore, synergy among law enforcers, local government, and communities is needed to strengthen regulation enforcement and develop sustainable economic alternatives.

Firda Laily Mufid; M. Yusuf; Irwan Effendi

Jurnal Ilmu Hukum Sosial dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

The advancement of information technology has profoundly transformed the criminal justice system, particularly in judicial proceedings that now utilize digital platforms such as e-court and e-litigation. Although judicial digitalization aims to enhance efficiency and transparency, it simultaneously raises critical concerns regarding judicial independence in the exercise of adjudicative authority. This study employs a normative juridical approach to examine how digital transformation affects the principle of judicial independence and to reconstruct its concept in accordance with the rule of law. The analysis is based on statutory regulations, legal doctrines, and principles governing judicial power. The findings indicate that the integration of technology into judicial processes may create administrative and technological dependencies that potentially undermine the autonomy of judges in deciding criminal cases. Therefore, a redefinition of judicial independence is necessary—one that extends beyond institutional guarantees to include ethical and personal integrity aspects through the reinforcement of judicial accountability and technological transparency. This study recommends the formulation of ethical standards and technical regulations that explicitly limit administrative or external interference with judges in the digital judicial environment, thereby maintaining a balance between technological efficiency and substantive justice.

Geri Ardji Novandi

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

Child exploitation is a serious issue that threatens the fulfillment of children's fundamental rights and impacts their physical, psychological, and social development. This study aims to analyze the role of law in preventing child exploitation through an examination of regulations and criminal law enforcement in Indonesia. The method used is normative juridical research with a descriptive qualitative approach, supported by empirical data from interviews with law enforcement officers and child protection agencies. The results of the study indicate that although Indonesia has a comprehensive regulatory framework, such as Law Number 35 of 2014 concerning Child Protection and Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, its implementation still faces various challenges. These obstacles include weak coordination among institutions, limited capacity of law enforcement officers, low public awareness, and the persistent social stigma against child victims. This study emphasizes the importance of strengthening the capacity of officers, applying a restorative approach, fostering synergy among institutions, and public education to build an effective, integrative, and sustainable child protection system.

Ahmad Sauki Warouw

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

The rapid development of digital technology has increased the risk of privacy violations and cybercrimes targeting personal data. This study aims to analyze the role of criminal law in personal data protection and the prevention of cybercrimes in Indonesia, as well as to identify the challenges and strategies for strengthening law enforcement in the digital era. The research method used is a qualitative approach with a juridical-normative method through library research on regulations, particularly Law Number 27 of 2022 concerning Personal Data Protection (PDP Law), as well as related academic literature. The results of the study show that criminal law serves a dual function, acting as a repressive tool through the imposition of criminal sanctions on offenders, and as a preventive instrument in enhancing compliance with data security standards. Although the PDP Law provides a strong legal foundation, its implementation still faces challenges such as the suboptimal functioning of data protection institutions, limited capacity of law enforcement officers, and low public awareness of digital ethics. This study recommends institutional strengthening, enhancement of law enforcement human resource capacity, as well as public education and cross-sectoral synergy to create an effective and sustainable data protection system. Thus, criminal law plays a central role in safeguarding personal data and preventing cybercrimes in Indonesia.

Abdul Malik Mufty; Dwight Nusawakan; Nurul Chaerani Nur; Nur Sri Maryam Dm; Sri Nur Damayana

Jurnal Pengabdian Masyarakat 2025 Lembaga Pengembangan Kinerja Dosen

Children as perpetrators of criminal acts are certainly obliged to be responsible for their actions that have caused harm to others. However, in being responsible for their actions in the Special Correctional Institution for Children, they also need to receive moral guidance to shape their character so that they can behave well during their sentence and when they return to society after serving their sentence. This way, they can socialize well, having gained an understanding of good character formation during their sentence, ensuring they will not commit crimes again. Therefore, the implementation of social rehabilitation to form a quality character for child criminals through community service activities is very important to be carried out. These activities will help restore their social abilities, enabling them to adapt once again and play a positive role in community life. By doing so, they can contribute to society and avoid reoffending, leading to their successful reintegration into the community.

Abdul Malik Mufty; Dwight Nusawakan; Nurul Chaerani Nur; Nur Sri Maryam Dm; Sri Nur Damayana

Jurnal Pengabdian Masyarakat 2025 Lembaga Pengembangan Kinerja Dosen

Children as perpetrators of criminal acts are certainly obliged to be responsible for their actions that have caused harm to others. However, in being responsible for their actions in the Special Correctional Institution for Children, they also need to receive moral guidance to shape their character so that they can behave well during their sentence and when they return to society after serving their sentence. This way, they can socialize well, having gained an understanding of good character formation during their sentence, ensuring they will not commit crimes again. Therefore, the implementation of social rehabilitation to form a quality character for child criminals through community service activities is very important to be carried out. These activities will help restore their social abilities, enabling them to adapt once again and play a positive role in community life. By doing so, they can contribute to society and avoid reoffending, leading to their successful reintegration into the community.

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 Pusat Riset dan Inovasi Nasional

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.

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.

Fitrawati Abdullah; Dakia N.Djou; Salam Salam

Jurnal Riset Rumpun Ilmu Bahasa 2025 Pusat riset dan Inovasi Nasional

The study titled “Judges’ Speech Acts in Handling Criminal Cases at the Gorontalo District Court” aims to describe the forms, functions, and meanings of speech acts used by judges in leading court sessions. The introduction emphasizes the importance of language in judicial processes to establish effective, fair, and authoritative communication among judges, defendants, prosecutors, and legal counsels. This study employs a descriptive qualitative method with a pragmatic approach. Data were collected through direct observation, documentation, and transcription of court proceedings. The analysis is based on Austin and Searle’s speech act theory, which includes locutionary, illocutionary, and perlocutionary acts. The results show that judges use various types of speech acts, such as directive, declarative, representative, and expressive acts. Illocutionary acts, particularly commands, questions, and assertions, are the most dominant. Their functions are not only to direct the course of the trial but also to maintain order, emphasize legal aspects, and clarify understanding among the parties involved. In conclusion, judges’ speech acts serve as strategic communicative tools with pragmatic power that influence the course of the trial and determine the effectiveness and fairness of the judicial process.

Muhammad Yusuf; Mursani Mursani; Tri Mulyadi

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

Drug abuse among adolescents in Jayapura City is a pressing issue with significant repercussions for health, society, and the future of younger generations. Due to Jayapura's strategic position as a border city with Papua New Guinea, it faces a heightened risk of cross-border drug trafficking, making it particularly vulnerable. This study explores the various factors contributing to the rise in drug abuse among adolescents, including individual, family, and peer group dynamics, socio-economic conditions, weak legal enforcement, and the influence of globalization. The findings suggest that a multifaceted approach is essential in addressing the problem. Repressive measures alone are insufficient, and should be complemented by preventive, rehabilitative, and educational strategies. Such approaches must emphasize child protection principles and ensure justice that is both substantive and forward-thinking. Progressive and responsive legal frameworks, aligned with the goals of criminal punishment, are necessary to effectively combat drug abuse in Jayapura. Moreover, these frameworks should prioritize adolescent recovery, recognizing that these individuals are the future of the nation.

Ahmad Yunus; Moh. Jeweherul Kalamiah; Hasbi Ash Shiddiqi

Jurnal Hukum, Politik dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

Cigarette excise crimes are a form of economic crime that significantly impact state revenues, national economic stability, and the market balance of the tobacco industry. This phenomenon not only causes material losses to the state but also has implications for social justice and the economic order of society. This study aims to analyze in depth the characteristics, causes, and implications of cigarette excise crimes from the perspective of economic criminal law and criminology. The research method used is a juridical-normative approach combined with criminological analysis to identify the relationship between social, economic, and legal factors in cigarette excise violations. The results indicate that these crimes are driven by economic motives, regulatory imbalances, weak law enforcement, and low public awareness of excise obligations. Through this analysis, the study emphasizes the need for synergy between criminal law policy, economic oversight, and a criminological approach to create an effective and equitable excise control system in Indonesia.

Alex Sukadi; Antonius Maria Laot Kian; Cecep Tedi Siswanto

Prosiding Seminar Nasional Ilmu Hukum 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research examines judicial discrepancies in criminal cases of fiduciary transfer, focusing on Decision No. 45/Pid.Sus/2023/PN.SMN. Discrepancy is understood as the inconsistency between trial facts, the prosecutor’s evidence, and the judge’s considerations, which may lead to injustice and reduce public trust in the judiciary. The purpose of this study is to analyze the forms of discrepancy found in the decision and to assess their legal implications for the protection of the defendant’s rights and legal certainty. The research method employed is empirical juridical research with a sociological juridical approach, using statutory analysis, case studies, interviews with law enforcers, and literature review. The findings indicate disharmony in the assessment of intent (mens rea), the interpretation of written consent, and the proof of losses suffered by fiduciary recipients. Such discrepancies weaken the quality of the judgment, create legal uncertainty, and potentially violate the principle of fair trial. This study concludes that harmonization between trial facts, prosecutorial evidence, and judicial reasoning is necessary to maintain the integrity of the criminal justice system, improve the quality of judicial decisions, and strengthen legal protection for the parties involved.