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The development of financial technology has led to the emergence of cryptocurrency as a decentralized digital instrument that enables fast and cross-border financial transactions. While this technology offers efficiency and flexibility in digital financial activities, it also creates opportunities for misuse in various forms of crime, including terrorist financing. This study aims to analyze the use of cryptocurrency as a means of financing terrorist activities in Indonesia, examine the existing legal framework governing terrorist financing, and identify the challenges faced in law enforcement. This research employs a normative legal method using statutory, conceptual, and case study approaches. The findings indicate that the use of cryptocurrency as a medium for terrorist financing still fulfills the elements of a criminal offense as regulated under Law Number 9 of 2013 concerning the Prevention and Eradication of Terrorism Financing. However, the characteristics of cryptocurrency, such as anonymity, decentralization, and cross-border transactions, create significant challenges in the processes of evidence gathering, transaction tracing, and identification of perpetrators. In addition, there is a regulatory gap between the recognition of crypto assets as economic commodities and the supervision of their potential misuse for terrorist financing. Therefore, stronger regulations are needed to explicitly integrate crypto assets into the terrorist financing prevention regime, along with improving the capacity of law enforcement agencies in blockchain transaction analysis and strengthening international cooperation to enhance the effectiveness of law enforcement in the digital economy era.

This research is grounded in the enactment of Law Number 1 of 2023 concerning the National Criminal Code, which raises normative questions regarding the legal status of gratification within Indonesia’s anti-corruption framework. The study aims to analyze the normative position of gratification following criminal law codification and to assess its implications for evidentiary mechanisms under the Anti-Corruption Law. Employing a normative legal research method, this study applies statutory and conceptual approaches through comprehensive literature review of primary and secondary legal sources. The findings indicate that gratification remains regulated under the Anti-Corruption Law as lex specialis and is not nullified by the National Criminal Code. The reversal of the burden of proof mechanism continues to apply, although its interpretation must align with fundamental criminal law principles such as culpability and proportionality. The study concludes that systematic harmonization between both legal regimes is essential to ensure legal certainty and strengthen anti-corruption enforcement.

Overcapacity in Correctional Institutions is a structural problem that is still a serious challenge in the correctional system in Indonesia. This condition is characterized by the number of inmates that far exceeds the ideal capacity, resulting in a decrease in the quality of coaching, health services, and security. This study aims to analyze the factors that cause overcapacity in prisons and the impact they have on the effectiveness of the correctional system. The method used is a normative juridical approach supported by empirical data from relevant agency reports. The results of the study show that the main factors causing overcapacity include the high crime rate, criminal policies that are still oriented towards prison sentences, and limited correctional facilities and infrastructure. The impact of overcapacity is very felt in the implementation of inmate development. Crowded housing conditions also increase conflicts between inmates, the spread of infectious diseases, and violations of basic rights. In addition, the limited number of correctional officers causes supervision to not run optimally and has the potential to trigger deviant practices in prisons. Therefore, it is necessary to reformulate penal policies through the optimization of non-prison penal alternatives, institutional capacity building, and strengthening rehabilitation and social reintegration programs to realize a more humane and just correctional system.

Corruption cases in Indonesia often involve the recovery of state assets, including properties encumbered by mortgages (hak tanggungan). This research conducts a normative legal analysis on how current law treats such pledged assets when they become objects of state confiscation in corruption crimes. We examine Indonesian legislation (especially the Tipikor Act, TPPU Act, and Mortgage Act), judicial practice, and principles of justice and legal certainty. The Bank Perumda BPR Purworejo case is used as an illustrative case study: here fictitious loans and misused collateral led to state losses of hundreds of millions of rupiah, and investigators seized assets (including four mortgaged properties) as evidence. The analysis finds that existing rules inadequately protect good-faith creditors: courts have noted that a corruption verdict does not automatically erase a prior mortgage lien, and that a certified mortgage confers a preferential right equal to a judgment. In practice, however, law enforcement often seizes all assets of the convict without first verifying third-party rights, creating legal uncertainty and perceived injustice. We argue that fair outcomes require stricter safeguards for creditors (e.g. mandatory review of collateral status before seizure) and consideration of equitable principles. In conclusion, we recommend legal reforms or guidelines to balance the state’s recovery goals with protection of bona fide mortgagees, so as to uphold substantive justice while maintaining legal certainty.

Criminal acts of assault against children constitute a serious violation of human rights that requires optimal legal protection by the state. As legal subjects, children are entitled to security, protection from violence, and guarantees for proper growth and development, as mandated by Pancasila, the 1945 Constitution of the Republic of Indonesia, and relevant child protection legislation. This study aims to conduct a juridical analysis of the legal considerations applied by judges in Decision Number 83/Pid.Sus/2020/PN.Kot concerning the criminal offense of assault committed against a child, as well as to assess their conformity with criminal law principles, child protection law, and the objectives of sentencing. This research employs a normative legal research method using statutory, conceptual, and case approaches, supported by primary, secondary, and tertiary legal materials. The findings reveal that although the legal basis applied refers to Law Number 35 of 2014 on Child Protection, the judicial considerations have not been comprehensively formulated, as they insufficiently incorporate sociological, criminological, and child-centered protection perspectives. Consequently, the sentence imposed is relatively lenient and fails to fully reflect the objectives of punishment, particularly deterrence and sustainable protection for child victims. Therefore, strengthening the quality of judicial reasoning and ensuring the optimal application of relevant legal provisions are essential to achieve legal certainty, justice, and effective protection for children as victims of violent crimes.

Indonesia's maritime security faces increasingly complex challenges due to the rise of hybrid threats that combine traditional and non-traditional elements. One of the main threats is the shadow fleet, operating covertly with unregistered ships, evading detection, and exploiting weaknesses in maritime surveillance to engage in illegal activities such as smuggling, illegal transshipment, and unlawful exploitation of natural resources. This phenomenon exacerbates Indonesia's maritime security situation, particularly in strategic areas like the Natuna Sea and the Sunda Strait, which are vulnerable to geopolitical conflicts and overlapping territorial claims. Additionally, transnational crimes such as piracy, drug trafficking, and human trafficking further undermine security in Indonesian waters. To address these threats, Indonesia needs to strengthen its maritime surveillance capacity by adopting advanced technologies such as early detection sistems and the Automatic Identification Sistem (AIS), as well as enhancing coordination between maritime agencies like Bakamla and the Indonesian Navy (TNI AL) to improve responses to harder-to-detect threats. Moreover, international cooperation with neighboring countries and regional maritime organizations like ASEAN must be bolstered to tackle cross-border threats. Strengthening surveillance, modernizing technology, and fostering more integrative maritime diplomacy will be crucial in safeguarding Indonesia's maritime sovereignty and ensuring the stability of this increasingly strategic maritime region.

The phenomenon of recidivism in narcotics crimes indicates that the rehabilitation and punishment approaches applied have not been fully able to prevent recurrence of crimes. This study aims to analyze the effectiveness of law enforcement against recidivists in narcotics crimes in two court decisions, namely Decision Number 154/Pid.Sus/2018/PN Yyk and Decision Number 51/Pid.Sus/2020/PN Tte. Case studies are used to assess the effectiveness of law enforcement, especially against perpetrators who have previously undergone rehabilitation but have re-committed crimes with more complex roles. This study uses a normative legal method with a statutory approach and a case approach, which are analyzed qualitatively based on law enforcement theory and the objectives of punishment. The results show that normatively there are regulations on rehabilitation and increased sentences for recidivists, but their effectiveness is not optimal, partly due to the lack of post-rehabilitation regulations that are expressly regulated in the law and the lack of integrated data systems between rehabilitation institutions and the courts. This condition causes rehabilitation to not fully function as a preventive instrument against recurrence of crimes. This study recommends strengthening post-rehabilitation regulations and integrating information systems between agencies as part of a more preventive and sustainable criminal law policy reform.

This study aims to analyze the effectiveness of narcotics rehabilitation for offenders who reoffend after undergoing rehabilitation, using a case study at the Bukittinggi Police Resort (Polresta Bukittinggi) and rehabilitation institutions. This research is motivated by the continued occurrence of narcotics offenders who relapse into criminal behavior despite having completed medical and social rehabilitation programs as mandated by Law Number 35 of 2009 concerning Narcotics. The research method used is empirical juridical with a qualitative approach through interviews, literature review, and case documentation. Primary data were obtained from investigators at Polresta Bukittinggi and rehabilitation institutions, while secondary data were obtained from laws and regulations as well as relevant literature. The results indicate that the investigation process leading to rehabilitation has been conducted in accordance with applicable procedures through assessment mechanisms by the Integrated Assessment Team (Tim Asesmen Terpadu). However, the effectiveness of rehabilitation in preventing recidivism remains suboptimal, as evidenced by offenders who return to narcotics abuse after completing rehabilitation programs. This suggests that rehabilitation programs require continuous supervision and more comprehensive approaches, including medical, psychological, and social aspects, to minimize the risk of relapse among former narcotics abusers.

The crime of receiving stolen goods, as regulated in Article 480 of the Criminal Code (KUHP), is an offence that plays a crucial role in the continuation of the principal crime, particularly theft. Receivers provide a market for stolen goods, thereby indirectly encouraging perpetrators to continue their actions. This article aims to analyse the implementation of Article 480 of the KUHP in judicial practice, with a focus on proving the element of ‘knowing or reasonably suspecting’ that the goods purchased were obtained through criminal activity. This study uses a qualitative method with a case study approach through direct observation of a trial at the M. District Court. The observations show that the panel of judges successfully proved the defendant's guilt as a fence through a series of trial facts, such as the unreasonable purchase price, consistent testimony from the perpetrator of the theft, and the defendant's own admission that he had been suspicious. The judge's decision, which was lighter than the prosecutor's demands, also reflected considerations of substantive justice and humanity in addition to legal certainty. This study concludes that the effective enforcement of Article 480 of the Criminal Code in court plays an important role in breaking the chain of crime and providing a deterrent effect not only for the main perpetrators but also for those who participate in enjoying the proceeds of crime.

This study aims to examine the judge's considerations in rendering decisions in aggravated theft cases at the Medan District Court, with an emphasis on the balance between legal and non-legal aspects in realizing substantive justice. The issue of disparate sentencing that frequently arises is the main background of this study. The methods used are an integrated normative legal approach and an empirical legal approach. The normative approach is used to examine the provisions of Article 363 of the Criminal Code (KUHP) and the legal principles that govern the judge's considerations, while the empirical approach is carried out through direct observation of the trial process and analysis of the judge's decision. The results of the study indicate that the judge in case Number 1110/Pid. B/2025/PN Medan not only complied with legal aspects such as fulfilling the elements of the crime, evidence, and the application of the principle of legality, but also considered non-legal aspects such as the socio-economic conditions, age, and motives of the defendant. These considerations demonstrate the application of the principles of criminal individualization and proportional justice. In addition, the judge also considered moral values ​​and social benefits in his decision, which is in line with Gustav Radbruch's theory of three basic legal values: justice, legal certainty, and utility. This study concludes that the thinking patterns of judges at the Medan District Court reflect a shift toward substantive and restorative justice paradigms. It is recommended that the Supreme Court strengthen integrated sentencing guidelines to avoid disparities in sentencing and encourage the adoption of a rehabilitative approach for offenders with low economic motivations.

This study examines the distortion between civil and criminal perspectives in the legal considerations (ratio decidendi) of Judex Juris in Supreme Court Decision Number 121K/Pid.Sus/2020. The decision lacks substantial criminal law considerations regarding the alleged corruption offense. Instead, the legal reasoning focuses on the fault or negligence of company directors, particularly the exception under Article 97 of Law Number 40 of 2007 concerning Limited Liability Companies, which embodies the Business Judgment Rule doctrine. Furthermore, these considerations are distorted by tort (onrechtmatige daad) as regulated in Article 1365 of the Civil Code juncto Article 138 paragraph (1) letter b of the Company Law. This research employs a legislative approach by analyzing various legal instruments, including the 1945 Constitution, the Criminal Code, the Criminal Procedure Code, the Limited Liability Company Law, State-Owned Enterprises Law, Judicial Power Law, Supreme Court Law, and the Corruption Eradication Laws. A conceptual approach is also utilized to examine theoretical concepts concerning corporate crime, directors' liabilities, state losses, tort, negligence from criminal and civil perspectives, business judgment rules, collective collegiality principles, and formal-material classification of legislation. The data comprises primary legal materials (legislation and court decisions) and secondary legal materials (legal literature and scientific journals). Analysis is conducted qualitatively by interpreting legal principles and their relevance to the court's considerations in the decision.

The enforcement of election criminal law plays a crucial role in safeguarding democratic integrity and upholding the principle of popular sovereignty. Law Number 7 of 2017 establishes the Integrated Law Enforcement Center (Sentra Gakkumdu) as a coordinated mechanism involving the Election Supervisory Body, the Police, and the Prosecution Service in addressing election crimes. However, in practice, the Gakkumdu system has not fully ensured a balanced realization of legal certainty, substantive justice, and legal utility. This study aims to analyze the problems of election criminal law enforcement within the Gakkumdu system, examine the relevance of the Restorative Justice approach in election law, and formulate a reconstruction of election criminal law enforcement based on this approach. This research employs normative legal research using statutory, conceptual, legal philosophy, and legal policy approaches. The findings indicate that the weaknesses in election criminal law enforcement arise from institutional fragmentation, normative ambiguity, and a legal culture dominated by legalistic and sectoral perspectives. The Restorative Justice approach is considered relevant as it prioritizes substantive justice and the restoration of democratic values. Therefore, reconstructing election criminal law enforcement based on Restorative Justice is essential to strengthening democratic legitimacy and public trust in elections in Indonesia.

This study analyzes the construction of criminal liability in the crime of handling stolen goods, focusing on situations where the perpetrator purchases or receives goods without knowing they are the result of a crime, especially when the economic value is relatively small, i.e., below Rp5,000,000. This normative study uses a legislative approach by examining Article 591 of Law Number 1 of 2023 on the Criminal Code (KUHP), as well as a conceptual approach to the theory of fault (schuld) and the principle of proportionality. The study's findings show that in transactions involving low-value goods, proving the subjective element of "knowing or should have known" becomes highly problematic because the element of intent (dolus) is often not met without objective suspicious indications. The concept of price fairness plays a key role as the primary indicator of normal transactions and weakens the assumption that the perpetrator should suspect the illegal origin of the goods. This study recommends that law enforcement consider using non-criminal mechanisms, such as restitution or mediation, to achieve substantive justice and avoid excessive criminalization.

This article examines the handling of sexual harassment offenses within Indonesia’s criminal justice system, which faces complex challenges, particularly when restorative justice (RJ) is used as an alternative mechanism for case resolution. This study analyzes the implementation of RJ in sexual harassment cases at the Sleman Resort Police (Polres Sleman), referring to the Indonesian National Police Regulation No. 8 of 2021 on the Handling of Criminal Acts Based on Restorative Justice. The analysis focuses on how this policy is applied at the operational level and how its practice interacts with the normative provisions set forth in Law No. 12 of 2022 on Sexual Violence Crimes (UU TPKS), which explicitly prohibits non-judicial settlement for several categories of sexual violence. Using a qualitative approach through interviews, observations, and document analysis, the study finds that RJ continues to be applied at Polres Sleman despite its potential conflict with the prohibitions stipulated in the UU TPKS. At the operational level, the legal culture of police officers plays a significant role in encouraging the use of RJ, driven by pragmatic considerations such as efficiency in case resolution, social pressure from the community, and officers’ perceptions of the seriousness of sexual harassment cases. As a result, victims’ rights often fail to become the central focus, even though victimology emphasizes the importance of victim recovery and protection. The study concludes that regulatory harmonization, increased sensitivity of law enforcement officers toward sexual violence issues, and strengthened victim protection mechanisms are essential to ensure that the application of RJ does not undermine substantive justice.

The crime of receiving stolen goods, as regulated in Article 480 of the Criminal Code (KUHP), is an offence that plays a crucial role in the continuation of the principal crime, particularly theft. Receivers provide a market for stolen goods, thereby indirectly encouraging perpetrators to continue their actions. This paper investigates how Article 480 of the KUHP in judicial practice, with a focus on proving the element of ‘knowing or reasonably suspecting’ that the goods purchased were obtained through criminal activity. This study uses a qualitative method with a case study approach through direct observation of a trial at the M. District Court. The observations show that the panel of judges successfully proved the defendant's guilt as a fence through a series of trial facts, such as the unreasonable purchase price, consistent testimony from the perpetrator of the theft, and the defendant's own admission that he had been suspicious. The judge's decision, which was lighter than the prosecutor's demands, also reflected considerations of substantive justice and humanity in addition to legal certainty. This study concludes that the effective enforcement of Article 480 of the Criminal Code in court plays an important role in breaking the chain of crime and providing a deterrent effect not only for the main perpetrators but also for those who participate in enjoying the proceeds of crime.  

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

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

The form of historicization in literary criminology views criminality as the result of power relations, unequal social structures, and history. Criminal acts in historicization are always placed in a specific time and place context, tracing how a behavior is considered “criminal” or “against the law” depending on the historical construction formed by the legal system, the state, and the rulers. Historicization also reveals that what is referred to as crime is not absolute, but can change according to historical developments and power struggles. The purpose of this study is to describe the form of criminalization in the novel Lampuki, which is not merely an individual deviant act, but a reflection of historical trauma and a flawed social structure. The approach used is literary sociology. This study uses a descriptive-qualitative method with reading and note-taking techniques obtained from the novel Lampuki by Arafat Nur in the form of sentences and paragraphs. The results of the study show that there are seven data points that fall under the form of criminalization of history. From the seven data points, three findings were generalized and discovered in Arafat Nur novel Lampuki, namely: (1) transgenerational trauma of violence, (2) the destruction of the socio-cultural structure, and (3) dark figure of crime.

The advancement of information technology has brought significant changes to society but also generated new crimes, such as online child sexual exploitation (cybersex trafficking). This study examines this phenomenon by focusing on the live streaming application "HOT51," which is frequently used as a medium for child exploitation. The research employs a qualitative descriptive analysis method based on secondary data from official reports and related literature. Findings indicate that the easy access to modified APK applications facilitates sexual exploitation of children, the most vulnerable group. Indonesian regulations already address child protection, but implementation faces challenges such as low digital literacy and weak supervision of digital platforms. This study emphasizes the need for tightened monitoring, digital literacy education, and active parental roles to reduce the risk of sexual exploitation in the digital realm. The contribution lies in enhancing understanding of child protection challenges in the digital era and highlighting the importance of adaptive regulations and multi-stakeholder cooperation to safeguard child rights and safety.

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.