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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.

Zul Khaidir Kadir

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

Criminal liability in modern law is built on the assumption that every individual is a rational and autonomous moral agent. However, neuroscientific evidence suggests that structural disruption of the amygdala and prefrontal cortex significantly impairs the capacity to judge actions ethically. This study aims to analyze the influence of neurological disorders on an individual's moral capacity and to formulate legal parameters for assessing criminal liability based on actual capacity. The research method employed normative legal research with a conceptual approach. The results indicate that perpetrators with dysfunction in the amygdala-PFC circuit experience a degradation of moral capacity that weakens the basis for the formation of mens rea in a substantive sense and falls outside the reach of legal systems that still rely on a model of responsibility based on the assumption of universal free will. The criminal legal system, in its current form, lacks a precise evaluative mechanism to distinguish between perpetrators with impaired moral control and those acting deliberatively. In this situation, the construction of criminal liability cannot be standardized, and reformulation of evaluation instruments is necessary to avoid sentencing bias against individuals with structural impairments in ethical capacity.

Zul Khaidir Kadir

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

Criminal law based on genetic determinism was once rejected in modern criminal law systems because it was deemed contrary to the principle of individual responsibility. However, the rise of epigenetics and neurocriminology in contemporary legal practice indicates a reconstitution of the biological basis for attribution of criminal culpability. This study aims to analyze the extent to which developments in epigenetics reopen opportunities for the operation of biological approaches in criminal law, while also critiquing the conceptual dangers they pose to the principles of justice and moral responsibility. The research method uses a normative legal approach with a conceptual approach. The results show that epigenetics works as a tool for scientific validation of the formation of risk categories in criminal law, while simultaneously weakening the perpetrator's position as a moral subject. The criminal law structure that technocratically accepts biological arguments creates a new form of legal exclusion through medical classifications that are not open to ethical evaluation. In this situation, the law operates as an instrument of biological management of bodies deemed deviant. The position of neurocriminology in this case is no longer merely a tool, but rather the center of the configuration of biolegal power that defines responsibility based on predisposition, not will. Therefore, a new normative framework is needed that can uphold the principle of individual responsibility while rejecting the ethical reduction of biological diagnoses in the criminal law system.

Zul Khaidir Kadir

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2025 Lembaga Pengembangan Kinerja Dosen

The modern doctrine of criminal responsibility is built on the premise of free will and individual deliberative capacity. However, advances in neurogenetics, particularly findings regarding MAOA-L gene expression, have presented a structural disruption to this framework. The MAOA-L gene has been empirically associated with impaired impulse regulation and increased aggressive responses, particularly in combination with childhood trauma. This study aims to evaluate how MAOA-L gene expression influences the capacity for criminal responsibility and to analyze the tension between classical legal constructs and biological determinants within the structure of culpability. The research method employed normative research with a conceptual approach. The results indicate that the dichotomy-based mens rea doctrine fails to accommodate the degree of control capacity shaped by neurobiological structures. MAOA-L cannot be treated as a basis for forgiveness, but rather serves as an evaluative variable in assessing the spectrum of legal responsibility. In this position, criminal law maintains the principle of individual responsibility but formulates it through a new framework based on actual capacity rather than a universal voluntaristic assumption. This reformulation is necessary to avoid disproportionate attribution of blame and to allow criminal law to move toward a system that is more adaptive to biological realities without falling into determinism.

Endah Pujiastuti; Suwandi, Dedy; Tamba, Tumanda; Muryati, Dewi Tuti

Adi Widya: Jurnal Pengabdian Masyarakat 2025 Lembaga Penelitian dan Pengabdian Masyarakat

Bendera dan lambang Negara, Bahasa Indonesia, serta Lagu Kebangsaan merupakan cerminan kedaulatan, kemandirian, dan eksistensi negara yang merdeka, bersatu, berdaulat, adil dan makmur, sekaligus sebagai jati diri bangsa dan identitas negara. Pada umumnya masyarakat mengetahui tentang bendera, bahasa, lambang negara, dan juga lagu kebangsaan serta menggunakannya dalam aktivitas bermasyarakat namun kurang memahami aspek yuridisnya secara baik dan benar. Hal ini dialami pula oleh para siswa di SMA Kesatrian 2 Semarang. Kegiatan PkM ini dilakukan untuk meningkatkan pemahaman para siswa SMA Kesatrian 2 Semarang tentang aspek yuridis penggunaan bendera, bahasa, lambang negara, dan lagu kebangsaan dalam kehidupan sehari-hari berdasar UU Nomor 24 Tahun 2009. Kegiatan dilaksanakan melalui teknis penyuluhan hukum dengan menggunakan metode ceramah, diskusi, tanya jawab, dan bantuan hukum. Evaluasi kegiatan penyuluhan dilakukan dengan metode tanya jawab langsung serta kuesioner. Hasil pelaksanaan kegiatan PkM, para siswa menjadi lebih memahami aspek yuridis penggunaan bendera, bahasa, dan lambang negara, serta lagu kebangsaan sesuai dengan peraturan perundangan yang berlaku. Demikian pula dengan sanksi administratif dan pidananya. Ada peningkatan pemahaman siswa saat sebelum dan setelah dilaksanakan kegiatan.

Ramadan Prabowo; Muhammad Ridwan Lubis

Jurnal Begawan Hukum (JBH) 2025 Lembaga Pengabdian Masyarakat Universitas Ichsan Gorontalo

Housing, as a basic human necessity, demands not only physical comfort but also assurance of safety and legal protection for its residents. In recent years, the rise in security violations within residential areas has raised serious concerns, especially regarding the authority of housing management and the frequent neglect of residents’ rights. Various security policies such as 24-hour gate security, CCTV installation, and visitor access restrictions are often enforced without a clear legal basis and without the participation of residents, thereby creating the potential for legal violations, including those related to criminal law and human rights. This study aims to analyze the forms of criminal liability that may be imposed on housing management in cases of negligence or abuse of authority in the implementation of security policies. It also examines the forms of legal protection available to residents and identifies potential criminal law violations arising from such policies. The research adopts a normative and empirical juridical approach, with a case study conducted at DL Sitorus I Housing Complex in Simalungun Regency. The results of the study show that the security policies at DL Sitorus I lack a valid internal legal foundation, were not developed through participatory means, and are not supported by standardized operating procedures (SOPs). This situation creates room for overreach by security personnel, such as arbitrary detention of visitors and unauthorized interrogations, which may violate Article 333 of the Indonesian Penal Code. Management may be held indirectly criminally liable under the principles of culpa in vigilando (negligence in supervision) and culpa in eligendo (negligence in the selection of personnel). The study recommends the formulation of internal regulations based on resident participation and the provision of legal training for security officers to ensure a fair, transparent, and legally compliant residential security system that upholds the principles of criminal law and human rights protection.

Muhammad Maulani; Rini Apriyani; Ine Ventyrina

Referendum : Jurnal Hukum Perdata dan Pidana 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Plagiarism in scientific writing is a serious violation that not only harms the original creator but also undermines academic integrity, the development of scientific knowledge, and the credibility of educational institutions. This research aims to analyze the regulation of plagiarism acts based on the laws and regulations in Indonesia, as well as to build a firmer criminal law construction against acts of plagiarism within academic settings. This study employs a normative juridical method with a doctrinal approach, examining relevant laws and legal theories. The findings indicate that although plagiarism has been regulated in several legal instruments such as the Indonesian Penal Code (KUHP), Law Number 28 of 2014 on Copyright, Law Number 20 of 2003 on the National Education System, and the Regulation of the Minister of National Education Number 17 of 2010, the existing regulations tend to be administrative in nature and have not provided a sufficient deterrent effect. Therefore, a more comprehensive and implementable criminal law construction is needed to ensure the protection of scientific works and legal certainty in the enforcement of criminal sanctions against perpetrators of plagiarism. In addition, preventive efforts through academic ethics education, the implementation of plagiarism detection systems, and the strengthening of internal policies within universities are also important steps that must be optimized.

Muhammad Iqbal Noer Faizi; Rini Fathonah; Aisyah Muda Cemerlang

Jurnal Ilmu Hukum Sosial dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

This study aims to analyze and find the inhibiting factors faced by North Lampung Police investigators in handling domestic violence (KDRT) cases. The research approaches used are normative juridical and empirical juridical The normative juridical approach is carried out by examining laws and regulations related to the handling of domestic violence, such as Law Number 23 of 2004 concerning the Elimination of Domestic Violence. Meanwhile, an empirical juridical approach is carried out through the collection of primary data from interviews with investigators, prosecutors, academics, and non-governmental organizations active in handling domestic violence. Secondary data is obtained from legal literature, official documents, and applicable regulations. The results of the study show that there are several significant obstacles in the process of investigating domestic violence cases. These obstacles include the lack of sensitivity of investigators to the psychological condition of the victim, social pressure and stigma towards the victim that makes reporting low, and limited public understanding of forms of domestic violence, especially non-physical ones such as psychological and economic violence. Internal obstacles also arise from the limitations of supporting facilities such as victim-friendly examination rooms, psychological assistants, and special training for investigators in handling gender-based cases. From the juridical side, the lack of a clear rule regarding the limits of penal mediation in domestic violence cases creates legal uncertainty and opens up space for perpetrators to escape criminal snares through peace that is often impure. In addition, the patriarchal culture that is still strong in society is a structural obstacle in the law enforcement process that favors victims, especially women. Therefore, it is necessary to increase the capacity of investigators through continuous training, the provision of victim-friendly support facilities, widespread legal socialization to the community, and the reformulation of legal policies that are more firm and in favor of victims. Thus, law enforcement of domestic violence cases can be carried out more effectively, fairly, and oriented towards the protection of human rights.

Dwinta Yulyanti; Diah Gustiniati Maulani; Maya Shafira; Budi Rizki Husin; Muhammad Farid

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

Criminal law formulation policy is the initial stage in criminal law politics that establishes legal norms formulated in legislation, including religious offenses. In the National Criminal Code enacted through Law No. 1 Year 2023, this policy is reflected in Article 300 - Article 305 of the National Criminal Code which regulates criminal offenses against religion, belief, and worship. In this case, it is important to analyze how the formulation policy on religious criminal offenses in the National Criminal Code and what are the juridical implications of the formulation policy on religious criminal offenses in the National Criminal Code. The research method used is normative juridical and supported by empirical juridical method. The data used are primary data, secondary data, and tertiary data. The data obtained is then analyzed qualitatively. Based on the results of the research, it is known that in the National Criminal Code passed through Law No. 1 of 2023, In Article 300 to Article 305 of the National Criminal Code, the state attempts to reorganize religious offenses by clarifying the elements of the act and the intention of the perpetrator, thus preventing multiple interpretations and abuse of the law. This formulation also expands the reach of legal protection not only to official religions, but also to public order and diversity of beliefs in society. However, in substance, the juridical implications of the policy formulation of religious criminal articles in the National Criminal Code include higher legal certainty, protection of citizens' constitutional rights, and changes in the orientation of punishment from repressive to more educative and preventive.

Nabila Oktavia Lestari

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

Narcotics are substances or drugs, whether synthetic or semi-synthetic, derived from plants or non-plant materials that have the potential to cause disturbances or changes in human consciousness. Their use may result in loss of sensation, impaired taste, and, in more severe cases, strong dependency or addiction. While narcotics have undeniable benefits in the fields of medicine, healthcare, and scientific development—particularly in pain management and research—their misuse carries significant risks for both individuals and society. This study adopts a normative legal approach by analyzing existing regulations, statutory provisions, and relevant academic literature regarding narcotics and crime. The findings reveal that narcotics abuse is often closely linked to criminal behavior, as drug dependence can negatively influence psychological stability, decision-making, and social conduct, potentially driving individuals to engage in unlawful acts. Furthermore, crime is a relative concept shaped by context, culture, and societal norms, which means its connection with narcotics requires multidimensional analysis. Law enforcement efforts against narcotics-related crimes have been continuously pursued by authorities through preventive, repressive, and judicial measures, with various court rulings highlighting the gravity of the problem. However, legal enforcement alone is insufficient; a holistic strategy is needed that combines strict law enforcement with rehabilitation, psychological support, and community education. Such a comprehensive approach is expected to reduce narcotics misuse, prevent recidivism, and minimize its destructive impacts. Ultimately, this research seeks to provide deeper insights into the dynamic relationship between narcotics abuse and crime, while offering practical recommendations to achieve more effective solutions for protecting individuals, strengthening social resilience, and promoting public welfare

Putri Cahya Andrianti; Firganefi Firganefi; Sri Riski; Eko Raharjo

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

Criminal liability, also known as "criminal responsibility," is a legal assessment that is made after all elements of a criminal act are met or evidence of a criminal act is proven. The purpose of this assessment is to determine whether the defendant can be held accountable for the criminal act committed. This study specifically focuses on criminal liability for the perpetrator of murder who is a person with paranoid schizophrenia, as well as the factors that influence the act of murder. The approaches used in this study are normative juridical and empirical juridical juridical The research involved the Judge of the Gedong Tataan District Court and a Psychiatrist at the Regional Psychiatric Hospital of the University of Lampung as the main speakers. Data collection was carried out through literature studies and field studies to obtain a comprehensive picture related to the legal, medical, psychological, and social aspects of the case being studied. The results of the study show that the defendant, even though it is legally proven that he committed a criminal act as stated in Decision No. 105/Pid.B/2023/PN.Gdt, is bound by the provisions of Article 5 letter a juncto Article 44 Paragraph (3) of Law Number 23 of 2004 concerning the elimination of domestic violence. However, based on judicial, medical, and psychological considerations, the defendant cannot be criminally held liable for his actions for excused reasons related to mental disorders. Factors that affect this act of murder include psychological aspects, psychological conditions, mental health, traumatic experiences, and the social and family environment in which the perpetrator grew up. The analysis shows the importance of an integrative understanding between criminal law, psychiatry, and social conditions in determining criminal liability.

Ansar Fajar Pratama; Ivan Zairani Lisi; Insan Tajali Nur

Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The application of restorative justice in the Indonesian criminal justice system cannot be immediately implemented in all cases, particularly for assault crimes. This is due to limitations in implementation and inhibiting factors that arise in the field. Facts show that some law enforcement officers are still less than optimal in expediting the restorative justice process. This condition creates legal uncertainty and anxiety, especially for prosecutors handling cases. This situation also impacts the prosecutor's position, which could be questioned by superiors and supervisory committees if case resolution does not proceed according to regulations. This study uses a socio-legal research approach to examine two main issues. First, the author analyzes the implementation of restorative justice in resolving assault cases in the jurisdiction of the Samarinda District Attorney's Office. Second, the author identifies obstacles faced in implementing restorative justice in that jurisdiction. Based on the results of the study, 14 cases of assault were handled. Of these, 11 cases were successfully resolved through restorative justice mechanisms, while 3 cases were declared failed. This failure is generally influenced by the failure to meet several important requirements, including: the perpetrator being a recidivist or having previously committed a crime, a sentence exceeding five years, the absence of a peace agreement between the perpetrator and the victim, and the perpetrator's failure to fulfill their obligation to provide compensation. Therefore, it can be concluded that although restorative justice plays a crucial role in achieving a more humane and equitable resolution of cases, its implementation still faces structural and technical obstacles. Consistent efforts by law enforcement and increased understanding of the concept of restorative justice are needed for this mechanism to operate effectively, provide legal certainty, and address the community's need for justice.

Lovely Ardhanes Wira; Diah Gustiniati Maulani; Emilia Susanti

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

The government’s efforts to provide protection for trademark rights holders have been implemented by enacting and updating laws on trademarks. However, in reality, crimes against trademark rights continue to occur, including in the jurisdiction of the Tanjung Karang District Court. This research addresses the following issues: What are the judges' considerations in cases of unauthorized use of registered trademarks, and how is the criminal analysis of such offenses reflected in Decision Number: 381/Pid.Sus/2023/PN.Tjk? This study uses normative and empirical legal research methods, with statutory and conceptual approaches. The data type used is secondary data obtained through literature study. Data processing involved selection, classification, and organization. The data were analyzed using a descriptive qualitative method. The findings of this research indicate that the judge's legal basis in sentencing the defendant for the unauthorized use of a registered trademark in Decision Number: 381/Pid.Sus/2023/PN.Tjk includes juridical considerations—specifically that the defendant was legally and convincingly proven to have committed a criminal offense as regulated under Article 100 paragraph (1) of Law Number 20 of 2016 concerning Trademarks and Geographical Indications. Philosophically, the judge considered the imposed sentence as a means of rehabilitation and deterrence. Sociologically, the judge weighed both aggravating and mitigating factors in the sentencing. Criminal liability for the offender was based on the fulfillment of criminal responsibility elements, namely that the defendant was an adult and legally capable of committing the act. The element of fault was fulfilled, as the defendant knowingly and intentionally used a registered trademark without authorization, fully aware that such an act constitutes a criminal offense. The element of the absence of justification or excuse was also met, as the defendant committed the offense in a conscious and sound state of mind, without coercion.

Ardinia Awanis Shabrina; Tami Rusli; Suta Ramadan

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

The crime of fraud is a form of crime that not only causes material loss, but also has an impact on the intangible losses experienced by the victim, such as loss of sense of security, trust, and social stability. Fraud also has the potential to disrupt public order and reduce public trust in the legal system. Therefore, law enforcement against this criminal act is an important aspect in maintaining legal certainty and a sense of justice. This study aims to analyze the form of law enforcement against perpetrators of fraud crimes by focusing on the factors that cause perpetrators to commit fraud and the judge's considerations in imposing judgments. The case studied refers to Decision Number: 99/Pid.B/2024/PN.Tjk. The research method uses a normative juridical approach, by examining laws and regulations, legal doctrines, and case studies through the analysis of court decisions. The results of the study show that the legal provisions regarding fraud have been regulated in Article 378 of the Criminal Code (KUHP). However, implementation in the field is often constrained by limited evidence, the increasingly diverse modus operandi of perpetrators, and low legal awareness of the public. The judge in considering the verdict not only pays attention to the juridical aspect, but also takes into account the social and psychological impact on the victim. As a recommendation, this study emphasizes the importance of increasing coordination between law enforcement officials to strengthen the investigation and evidence process. The use of digital technology, especially in the collection of electronic evidence, is a strategic step in dealing with modern fraud modes. In addition, legal education to the public needs to be improved to foster legal awareness and prevent fraud crimes in the future.

Lestari Wulandari S; Ferinandus Leonardo Snanfi; Fredrik Sokoy; Alexsandro Natanael Gaang

Jurnal Pengabdian Masyarakat Terapan 2025 Lembaga Pengembangan Kinerja Dosen

The phenomenon of online gambling and human trafficking crimes that afflict children is a serious problem in Papua, especially among teenagers who are vulnerable to falling into it due to a lack of understanding of the law and weak social control. The lack of access to correct information and low legal literacy make them more easily influenced by irresponsible parties. Therefore, this community service aims to provide practical legal education through the establishment of an Anti-Online Gambling and Trafficking in Persons Law Clinic to students of Al Ihsan Yapis Kotaraja Junior High School. The service method is carried out in a participatory manner by actively involving students in various activities. Activities include interactive legal counseling delivered in simple language, discussions about real cases relevant to the daily lives of teenagers, and simulations of handling legal problems. With this approach, participants not only gain theoretical knowledge, but also practical experience in recognizing and dealing with legal problems that they have the potential to face in the surrounding environment. The results of the service showed an increase in participants' understanding of the legal consequences of online gambling and child trafficking. In addition, students demonstrate a higher critical awareness of the risks that may occur, as well as skills in recognizing signs of suspicious behavior that lead to criminal acts.

Okta Rifo Fauziyah; Yana Indawati

Referendum : Jurnal Hukum Perdata dan Pidana 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Human trafficking is a highly complex form of transnational crime involving transnational criminal networks. This crime generally originates from developing countries with unstable socio-economic conditions, where women and children are often the primary victims. They are forced or tricked into working in exploitative sectors, particularly sexual exploitation, labor exploitation, and other forms of oppression that benefit agents, distributors, and organized crime syndicates. In Indonesia, regulations regarding this crime are stipulated in Law Number 21 of 2007 concerning the Eradication of the Crime of Human Trafficking. This study aims to determine the form of legal protection provided to victims of human trafficking in the jurisdiction of the Surabaya Police, as well as to understand the various obstacles faced by police officers and the efforts made to overcome them. The research method used is empirical juridical, namely examining the law in practice through primary data obtained from interviews, observations, and official documents, then combined with secondary data in the form of legal literature, laws and regulations, and tertiary legal materials to support the analysis. This study found that the Surabaya City Police have implemented legal protection measures for victims of human trafficking in accordance with applicable regulations, from handling reports and conducting investigations and inquiries, to coordinating with relevant agencies such as social services, women's and children's protection agencies, and non-governmental organizations. However, several obstacles remain, including limited police resources, low victim awareness of reporting cases, and threats from perpetrators that discourage victims from cooperating. Despite this, maximum efforts continue to be made through improved inter-agency coordination, legal and psychological assistance for victims, and firm law enforcement against perpetrators. Therefore, it can be concluded that legal protection for victims of human trafficking at the Surabaya City Police has been quite effective, although institutional strengthening and increased public legal awareness are still needed.

Ginting, Jan Efraim Hartonta; Wirogioto, Ali Johardi; Saefullah Saefullah

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

One form of crime that is highly relevant in the context of today's society is the crime of embezzlement in office. This embezzlement can be defined as a dishonest act committed by one or more individuals by hiding goods or property belonging to another person without the owner's knowledge. This action aims to transfer ownership of the goods, which can be categorized as theft, taking possession of goods, or using the goods for unauthorized personal gain. In many cases, embezzlement in office often involves individuals who have access or authority over company assets, making it easier for them to commit misuse. This study applies a normative juridical research method to analyze existing problems in the context of criminal law. This method allows researchers to explore and understand applicable legal norms and how they are applied in real cases. The results of the study show that the Judge's Ratio Decidendi in imposing sanctions on cases of embezzlement in office, as stated in Decision Number 542/Pid.B/2023/PN Cbi and Decision Number 355/Pid.B/2024/PN Cbi, is based on a number of in-depth legal considerations. In this case, the judge first explained the elements contained in Article 374 of the Criminal Code (KUHP) charged by the public prosecutor. The defendant was found guilty of committing embezzlement in office by embezzling company funds for personal gain. Therefore, the defendant was sentenced commensurate with his actions, which violated Article 374 of the Criminal Code. Criminal liability for the perpetrator of the crime of embezzlement in office has been legally and convincingly proven, with all elements of the charge having been fulfilled. This indicates that the perpetrator can be subject to sanctions in accordance with applicable legal provisions, thus providing a deterrent effect and upholding justice in the criminal law system. This research is expected to contribute to the development of understanding regarding embezzlement in office and its legal implications in Indonesia, as well as encourage more effective law enforcement in handling similar cases in the future.

Makhfudzin Rosyid; Harti Winarni

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

This study examines law enforcement through a restorative justice approach in resolving criminal acts of assault within the jurisdiction of the Bantul Police. This approach offers an alternative way to resolve criminal cases, emphasizing restorative justice, aimed at restoring relationships between perpetrators, victims, and the community. The main objective of this study is to analyze how investigators implement restorative justice and to identify obstacles encountered in its implementation in the field. The methods used in this study are normative and empirical juridical. The normative juridical approach is conducted by examining laws and regulations governing restorative justice, while the empirical approach is conducted through a case study of the implementation of assault case resolution at the Bantul Police. Data were obtained from documentation, interviews with investigators, and related parties in the mediation process. The results of the study indicate that the resolution of criminal acts of assault through restorative justice is implemented in the form of mediation between the perpetrator and victim, facilitated by investigators. This process prioritizes deliberation and consensus to achieve peace and avoids formal legal proceedings. However, its implementation has not run smoothly. Some of the main obstacles identified include low public legal awareness, victims' unpreparedness for reconciliation, and limited police understanding and skills in implementing restorative justice principles. Therefore, strategic efforts are needed, such as strengthening regulations supporting restorative justice, training for law enforcement officers, and ongoing community outreach to ensure this approach can be optimally implemented in resolving assault cases.

Mang Tra Himam Idayat

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

The presumption of innocence is a fundamental principle in the criminal justice system that serves to protect the rights of the accused from the risk of unfair punishment. This principle states that a person is presumed innocent until proven legally and convincingly guilty of committing a crime before a court. This research uses an empirical juridical method, namely a legal approach that examines how positive law, especially unwritten law, is applied in society. In this context, the research highlights the implementation of the presumption of innocence in criminal justice practices in Indonesia. The application of the presumption of innocence is very important for the judicial process to run fairly, directed, and achieve the main objectives of criminal justice, namely upholding justice, legal certainty, and legal order. The relationship between this principle and human rights is very close, because with this principle, suspects and defendants are guaranteed to obtain legal protection during the legal process. Rights such as not being treated as guilty before a court decision, the right to defense, and the right to humane treatment are part of this principle. Enforcing the presumption of innocence is not only the responsibility of law enforcement officers such as the police, prosecutors, and judges, but also all elements of society. Therefore, it is crucial for every citizen to understand and respect this principle in their social lives, especially in responding to ongoing legal cases. As a concrete implementation, law enforcement must implement policies that protect the public and maintain a sense of security, for example by increasing surveillance in crime-prone areas. This way, the law can be enforced fairly, and public trust in the criminal justice system will increase. The presumption of innocence is a crucial foundation for the creation of humane and fair trials in Indonesia.

Muhammad Jarnawansyah

Journal of New Trends in Sciences 2025 CV. Aksara Global Akademia

Forgery of diplomas constitutes a criminal act that undermines the integrity of the national education system and negatively impacts public trust in educational institutions as well as law enforcement in Indonesia. This study aims to thoroughly examine the criminal law regulations governing diploma forgery, particularly under Article 263 of the Indonesian Criminal Code (KUHP), along with the essential elements required for an act to be classified as diploma forgery. Furthermore, the study explores the implementation of criminal law in handling diploma forgery cases in Indonesia, including the challenges and obstacles faced by law enforcement officers and the structural and cultural factors affecting the effectiveness of law enforcement. This research employs a normative legal approach, utilizing statutory, conceptual, and case study methods to obtain comprehensive theoretical and empirical insights. The findings reveal that despite the existence of clear and stringent legal provisions, law enforcement practices still encounter barriers such as inadequate diploma verification systems, the absence of an integrated national diploma database, and low public legal awareness regarding the consequences of diploma forgery. Cases involving professional individuals committing diploma forgery underscore the need for more consistent and systematic law enforcement. Consequently, this study recommends the development of an integrated national diploma database, enhancement of law enforcement capacity and coordination, intensified public legal education and outreach, and the strict application of legal sanctions to effectively prevent and prosecute perpetrators of diploma forgery