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Sanjaya, Steven Tjahjadi; Kusuma, Ardli Johan; Rosadi, Zidni Alifyan

Jurnal Global Citizen : Jurnal Ilmiah Kajian Pendidikan Kewarganegaraan 2025 Prodi PPKn Universitas Slamet Riyadi

The aspect of labor in the context of global citizenship is not only about how the lives of workers and laborers are guaranteed wages and work systems, but human rights actions are one of the most crucial issues. One of them is the action that happened to Tuti Trisilawati in 2018. The action of the death penalty is considered as an action that does not benefit Indonesia and Saudi Arabia. Through this research, which is packaged exploratively and collected through case studies and trusted agency literature, the results show that there are differences between the ideologies of Indonesia and Saudi Arabia which result in these actions resulting in a high record of death penalty cases, so that massive diplomacy between the two countries is followed by improving a fair criminal law system or fair trial so that no rights are threatened. Keywords: global citizenship, death penalty, labor.

Erfan Efendi Yudi Arianto; Suprapto Suprapto; Achmad Faishal; Kamran Azizli

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

Corruption in Indonesia is not merely a moral transgression but an extraordinary economic crime that depletes national resources. The ultimate objective of corruption eradication, therefore, must be the restoration of state financial losses (asset recovery).  However, the current formulation of the criminal law system specifically Article 18 of Law No. 31 of 1999 contains a critical policy flaw. The provision of "Subsidiary Imprisonment" (Pidana Pengganti) allows convicts to substitute their financial restitution obligations with a disproportionately short prison term. This mechanism inadvertently provides an economic incentive for corruptors to conceal assets and choose imprisonment, resulting in significant state revenue loss. This study aims to critique the current penal policy formulation and propose a comprehensive reformulation of the compensation system. The research employs a normative-juridical method with a statutory and conceptual approach, utilizing the "Economic Analysis of Law" theory to evaluate the efficiency of sanctions. The study argues that the penal policy must shift from a "person-based" approach (in personam) to an "asset-based" approach (in rem). It is imperative to abolish the subsidiary imprisonment option for high-value corruption and implement "Non-Conviction Based Forfeiture" to maximize the recovery of state losses. Furthermore, this policy shift requires law enforcers with high-level cognitive skills to trace complex financial trails.

Nunung Futrianti; Lahmuddin Zuhri; Hanuring Ayu

Journal of Civil Criminal Law 2025 International Forum of Researchers and Lecturers

The right to health services for residents of Senawang Village and evaluating the legal protection mechanisms that can be taken by residents of Senawang Village due to the lack of health services, the type of research used is empirical legal research. The approach method used is a sociological approach and a legislative approach, the type of data is primary data, secondary data and tertiary data. While the data collection techniques are in the form of interviews, literature, and documentation. Finally, with the analysis of the data obtained from this study, it can be concluded that the fulfillment of the right to a healthy life is a basic right that must be guaranteed, because health is part of the primary needs of every human being, which is clearly regulated in Article 28 H paragraph (1) of the 1945 Constitution and Law of the Republic of Indonesia Number 17 of 2023. However, the reality in the field shows that the implementation and implementation of these various policies is still far from expectations. This shows a gap between the ideal regulations on paper and their implementation in real life. Therefore, synergy between infrastructure policies and health services is crucial because without concrete improvements in the infrastructure sector, the goal of realizing equitable, fair, and high-quality access to health services for all Indonesians will be difficult to achieve.

Mohammad Adzan

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

The contractual relationship between government entities (PA/KPA/PPK) and construction service providers in procurement activities is complex, as it intersects with both public and private law. Government procurement contracts for construction projects are often structured through a tender process, where service providers must compete to win the contract. Once the provider is selected, a legal agreement is formed, which regulates the roles, responsibilities, and obligations of the parties involved. This agreement is typically outlined in a contract document that serves as a formal, legally binding commitment. In civil law, such contracts are typically governed by private law principles, which include contracts, obligations, and liabilities. However, the nature of government procurement contracts adds a unique element of public law, particularly administrative and criminal law. The government’s involvement in these contracts introduces a dual legal framework that governs the relationship between the parties. On one hand, the contract is influenced by the state’s regulatory powers and administrative authority, ensuring compliance with legal standards and public interests. On the other hand, it is also subject to private law principles, as the government enters into agreements with construction providers just like any other business transaction. This mixed legal framework (or "mixed law") creates a distinctive legal relationship, where elements of public law, such as administrative regulations and oversight, coexist with private law principles, such as those governing contract enforcement and dispute resolution. The contract, which is a Keputusan Tindakan Administrasi Negara (KTUN), remains a civil law act, despite its public law foundation. This hybrid nature of government contracts ensures that both public and private law aspects are considered in the process, which can sometimes lead to legal complexities and challenges in the implementation and enforcement of these contracts.

Tagor Aruan; Rahmayanti Rahmayanti

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

The development of information technology has brought about significant changes in the social, economic, and legal life of global society. On the one hand, digitalization creates efficiency and convenience in various activities, such as financial transactions, communications, and access to information. However, on the other hand, this progress has also given rise to a new form of crime known as cybercrime. Cybercrime differs from conventional crime in that it is committed through electronic systems that can cross national borders and involve a large number of victims. This crime encompasses various forms, such as data hacking, online fraud, and malware distribution. This research aims to examine the development of cybercrime as a form of modern crime in the digital era and to assess the response of Indonesian criminal law to these challenges. The method used is normative legal, with a statutory, conceptual, and case study approach. This research also examines existing regulations, such as Law Number 11 of 2008 concerning Electronic Information and Transactions (ITE) and Law Number 27 of 2022 concerning Personal Data Protection, in addressing cybercrime issues. The research results show that although Indonesia has several regulations related to cybercrime, their implementation still faces various obstacles. Some of the main obstacles include suboptimal law enforcement, limited technology and human resources, and low levels of public digital awareness. Therefore, regulatory reform, institutional capacity development, and increasing public digital literacy are essential. This is part of a national strategy to address cybercrime comprehensively and sustainably, in order to create a safer and more trustworthy digital environment.

Maulana Muhamad, Randi; Faizin, Muhammad; Agus Pranata, Yuda; Afrizal, Mohamad

Jurnal Pendidikan dan Kewarganegara Indonesia 2025 Asosiasi Riset Ilmu Pendidikan Indonesia

This study explores the tension between freedom of expression and the enforcement of criminal law in the digital space, using a case study of political memes depicting national figures Prabowo Subianto and Joko Widodo in a satirical context. The case sparked controversy after law enforcement authorities applied morality provisions from Indonesia's Electronic Information and Transactions Law (UU ITE), which many experts consider irrelevant to the substance of the content. Employing a qualitative approach through literature review, the analysis is framed within three theoretical perspectives: Constitutional Democracy Theory, Human Rights Theory, and Criminal Law Theory. The findings reveal that the application of ambiguous provisions in the UU ITE to digital expression has the potential to violate the rule of law, restrict civil liberties, and create a chilling effect on citizens' political participation. Consequently, this study recommends legal reform and the enhancement of digital literacy as strategies to strengthen constitutional democracy in the digital era.

Junaedi Junaedi

International Journal of Law and Civil Affairs 2025 International Forum of Researchers and Lecturers

The current criminal law system is still oriented towards the perpetrator, with minimal protection for victims. Ideally, the law should prioritize justice for victims through a criminological and victimological approach. Therefore, legal reform, officer training, and integrated services are needed so that crime prevention is more effective and just. This study aims to explore the transformation of criminological and victimological perspectives that can be the basis for developing a crime prevention strategy based on victim protection.method uses a descriptive qualitative approach to explore the transformation of criminology and victimology perspectives in crime prevention strategies based on victim protection. Data were collected through literature studies and analyzed thematically. The results are expected to provide conceptual and practical recommendations to strengthen the legal system and social policies that are responsive to victims.The results of this study show that the transformation of criminological and victimological perspectives reflects a shift from a perpetrator-centric legal approach to a more holistic and victim-centric one. This integration strengthens the legal system and social policies to better protect, restore and empower victims, and to develop effective crime prevention strategies. With a more humane and restorative justice approach, this transformation becomes an important foundation for reducing crime rates and forming responsive and sustainable public policies.

Nanindya Nataningrum; H. Yusep Mulyana

International Journal of Law and Civil Affairs 2025 International Forum of Researchers and Lecturers

The current criminal law system is still oriented towards the perpetrator, with minimal protection for victims. Ideally, the law should prioritize justice for victims through a criminological and victimological approach. Therefore, legal reform, officer training, and integrated services are needed so that crime prevention is more effective and just. This study aims to explore the transformation of criminological and victimological perspectives that can be the basis for developing a crime prevention strategy based on victim protection.method uses a descriptive qualitative approach to explore the transformation of criminology and victimology perspectives in crime prevention strategies based on victim protection. Data were collected through literature studies and analyzed thematically. The results are expected to provide conceptual and practical recommendations to strengthen the legal system and social policies that are responsive to victims.The results of this study show that the transformation of criminological and victimological perspectives reflects a shift from a perpetrator-centric legal approach to a more holistic and victim-centric one. This integration strengthens the legal system and social policies to better protect, restore and empower victims, and to develop effective crime prevention strategies. With a more humane and restorative justice approach, this transformation becomes an important foundation for reducing crime rates and forming responsive and sustainable public policies.

Neneng Tripuspita

International Journal of Education and Literature 2025 Lembaga Pengembangan Kinerja Dosen

Mahmud Village, located in Bandung Regency, is one of the indigenous communities that continues to uphold its customary laws and traditions amidst the tide of modernization. This research aims to explore and analyze the political position and role of customary law within this community, with a focus on how customary norms and rules are implemented, maintained, and passed down amidst the dynamics of social change and interactions with state law. Using a qualitative ethnographic approach, data was collected through participant observation, in-depth interviews with customary leaders, community members, and government officials, and a review of relevant literature. The research results indicate that customary law holds a highly significant and respected position among the residents of Mahmud Village. The customary figure, known as the "Kuncen," holds the highest authority in enforcing customary law, leading traditional ceremonies, and resolving various disputes, ranging from marriage and inheritance matters, ceremonial procedures, to mediation mechanisms between residents. Although customary law has strong social power, its application is not entirely independent of the influence of state law, particularly in cases that intersect with criminal law or national legislation. These findings reveal a process of adaptation, where the Mahmud Village indigenous community strives to maintain traditional values while adapting customary rules to remain relevant to current demands. This research confirms that customary law functions not only as a social regulatory system but also as a bulwark of cultural identity and a vital instrument for the sustainability of indigenous communities. Therefore, understanding and recognizing customary law is crucial for maintaining harmony between local traditions and the national legal framework.

Pane, Musa Darwin; Endang Renika Siahaan, Genesistha

DINAMIKA HUKUM 2025 Universitas Stikubank

The use of criminal law in crime prevention efforts tends to only function as a treatment step for symptoms that appear, not as a tool that is able to eliminate the root causes of crime itself. Criminal law focuses on imposing sanctions on perpetrators as a form of retribution and special prevention, but often does not touch on the underlying factors that drive a person to commit a crime, such as economic conditions, social environment, and education. One of the most frequent forms of crime in society is theft, which reflects the existence of structural problems that have not been fully resolved This research uses a descriptive method of analysis. Where the analysis is carried out in accordance with the provisions of the rule of law with a conceptual approach, which refers to the provisions of the law and other legal disciplines. The type of approach in this research is carried out through normative juridical means. By doing legal interpretation associated with legislation, it also examines and tests secondary data, namely primary legal material in the form of the Criminal Code Article 362 concerning Theft, secondary legal material in the form of doctrine or expert opinion, and tertiary legal material in the form of papers, articles and others, The conclusion of this research is that theft is a criminal offense in the Criminal Code which is classified based on the method, place and conditions of its implementation. Article 362 of the Criminal Code defines theft as the act of taking property belonging to another person unlawfully for possession. In addition, there are other types of theft, such as theft with aggravation (Article 363), theft with violence (Article 365), petty theft (Article 364), and theft in the family (Article 367), each with different sanctions. Keywords : Responsibility, theft, Criminal Code.

Sri Utami; Yasmirah Mandasari Saragih; Tamaulina Br.Sembiring; Sudarno Hariadi Nasution; Tengku Muhammad Reza Fikri Dharmawan Assegaf

International Journal of Law and Civil Affairs 2025 International Forum of Researchers and Lecturers

The crime of terrorism is a form of crime with an international dimension that is very frightening to the public. Terrorism is a crime against humanity which is classified as an extraordinary crime because it has succeeded in creating chaos based on religion, sect or organization. This crime against humanity is regulated in Law of the Republic of Indonesia Number 5 of 2018 concerning Terrorism Crimes. Terrorist networks that are difficult to trace and have wide access make the problem of terrorism difficult to eradicate. Easy access between countries is one of the reasons why it is difficult to break the chain of terrorist networks. So efforts are needed through bilateral, regional and international cooperation to eradicate terrorism. The research method used in this paper uses normative legal research based on legal theories. By taking a legislative approach through literature study. This research aiming to find out what causes perpetrators to commit criminal acts of terrorism and to find out what form of criminal law accountability exists for perpetrators who participate in criminal acts of terrorism in Indonesia .

Adjietama Ryan Wichaksono; Rehnalemkan Ginting

Prosiding Seminar Nasional Ilmu Pendidikan 2024 Asosiasi Riset Ilmu Pendidikan Indonesia

The abuse of personal data in the online loans has been a center of attention in the context of criminal law. This article analyzed the criminal liability of the illegal disclosing personal data in the scheme of online loans. By considering the constitutional law in Indonesia and the recent development of in those fields, this research explored the constitutional implication to the abuse of personal private data by online loans. The research methodology covered the analysis of relevant constitutional laws, court judgment, constitutional literatures, and recent cases. The results showed that the criminal liability can be applied to the online loans which used or spread illegally the private data of a debtor. The misuse of personal data included the illegal disclosing, the violation of privacy, and personal data hijacking. The implementation of constitutional law played an important role in protecting the security and privacy rights of individual data. However, the challenge in implementing the laws was the limited relevant regulation and lack of competent investigator in revealing the illegal activity. This article suggested to increase the effective constitutional frames and law enforcement in handling the problem. The collaboration of government, inspectorate agency, and industry, was considered necessary to make sure that there would be a legal and ethical online loan and the rule-breaking activity could be judged constitutionally

Horas Sahatma Hatuaon; Soerya Respationo; Erniyanti Erniyanti

International Journal of Education and Literature 2024 Lembaga Pengembangan Kinerja Dosen

Transportation is very important for our daily lives when we want to travel. Rental cars are one of the current solutions when we don't have a vehicle. However, the convenience provided by car rental is often misused by irresponsible parties. Starting from damaged returns, theft and embezzlement. The research carried out by researchers is Empirical Juridical legal research which is research that directly obtains data in the field. By doing research in the field, researchers will understand better and be able to find out more clearly the actual events related to the title of the research being studied. From the results of this research, the author can conclude that one of the modus operandi of embezzlement in the jurisdiction of the Riau Islands Regional Police is the crime of embezzlement and/or fraud and/or malicious assistance. This way the car is rented and then pawned to someone else without the knowledge of the original owner of the car. For this reason, the police have two efforts to overcome this, namely by preventive and repressive methods. The police's obstacles in uncovering cases are two factors, namely internal and external factors. The suggestions put forward in this research are the need to increase the budget in the context of investigating and investigating criminal acts of embezzlement of rental cars, providing education to car rental businesses to install GPS to increase car security and providing more telescopic services for rental cars.

Fachrama Fachrama; Tri Widayati; Nurchayati Nurchayati; Hikmah Hikmah

Proceeding. of The International Conference on Business and Economics 2024 Universitas 17 Agustus 1945 Semarang

Children are the future generation of the nation that must be protected, especially when dealing with the law. The difficult navigation route passed by children who are suspects of criminal acts has depicted sadness in children that can disturb the child's mental state, in order to avoid this possibility, another method has emerged in child criminal acts, namely restorative justice (diversion) which is in accordance with the principle of ultimum remedy in criminal law. This study aims to understand the concept of implementing restorative justice which is associated with the principle of ultimum remedy, where this study works using qualitative methods and is sorted in descriptive, so that concrete solutions can be found regarding the matter being studied. The results of this study found a match between the concept of restorative justice and the principle in criminal law, namely ultimum remedy where criminal witnesses are the last step in handling child criminal acts. However, in its application, several obstacles were found, one of which was due to the different meanings of justice between the parties.    

Setiyawan, Erlangga Bagus; Fadlian, Aryo

DINAMIKA HUKUM 2024 Universitas Stikubank

The In the current era, Internet Service Providers (ISPs), also known as Penyelenggara Jasa Telekomunikasi Layanan Akses Internet, are emerging rapidly, offering internet services at varying prices. However, the demand for high-speed internet is increasing while complex regulations create opportunities for misuse by individuals or specific groups. The purpose of this writing is to understand the implementation of criminal law, causal factors, and judicial considerations regarding the criminal acts of illegal WiFi internet service providers in Decision Number 411/Pid.Sus/2021/PN.Pgp. This study adopts a juridical-normative approach, aiming to examine positive legal regulations and utilizing legal materials as the primary data. The data sources consist of primary legal materials, such as legislation and judicial decisions, as well as secondary legal materials, including legal opinions, doctrines, legal theories from legal literature, research findings, scholarly articles, and relevant websites. The substantive implementation of criminal law in this case is in accordance with the elements specified in the relevant articles. Individual and external factors, such as the social environment, influence the occurrence of crimes. The judge's consideration to impose a lighter sentence than the Prosecutor's demand is based on mitigating factors, which outweigh the aggravating factors for the defendant.   Keywords :  Criminal Law, Judge's consideration, Telecommunication

Maria Clara Elfrisma Manalu; Paiman Nadeak; Ray Dinho Simatupang; Parlaungan Gabriel Siahaan; Dewi Pika Lumban Batu

Jurnal MIMBAR ADMINISTRASI 2023 Universitas 17 Agustus 1945

Criminal law consists of regulations. which determines what is prohibited and what is permitted in criminal cases, and determines the punishment that can be given to people who commit them. It is easy to measure the success of Indonesia's legal reform. One of the criminal acts of theft that is often considered to occur very often is motorbike theft. Motorbikes are an important means of transportation for most Indonesian people because the price is affordable for most people with middle to lower incomes, where the increase in the number of motorized vehicles is in line with the increase in the number of crimes involving motorbikes which has led to the crime of motorbike theft. The author uses qualitative legal research with secondary data sources in this research. In this article, the research method used is the normative news method. The Police of the Republic of Indonesia have direct authority to carry out all criminal acts, including theft with violence. This is in accordance with the police's duty to maintain security and public order, protection, protection and community service, as well as law enforcement. In the law enforcement process, efforts are made to uphold functions with legal norms as guidelines for behavior in traffic or legal relations in society and the state where there are perpetrators who commit the criminal act in question, in the sense of people who, with some intention or something unintentional, as required by law, have left a consequence of climbing the law whether it is subjective elements or other elements and in article 362 of the Criminal Code it is explained that the act of taking an item which in whole or in part includes a statement by another person with the intention of possessing the item in violation of the rights.

SUPRIYANTA, SUPRIYANTA; Kusumo, Bambang Ali

Adi Widya: Jurnal Pengabdian Masyarakat 2023 Lembaga Penelitian dan Pengabdian Masyarakat

The aim of this community service activity is to provide an explanation to students regarding the criminal provisions in Law no. 44 of 2008 concerning Pornography and building positive perceptions and behavior of students related to pornography issues. Pornography is prohibited in the law, intended as a way to prevent the younger generation, including students, from doing things that are prohibited in the law. In theory, this idea is supported by von Fuerbach's theory of psychological coercion, namely prohibitions and threats. Criminal law will prevent people from committing acts that are prohibited by law. The method used in this service activity is the lecture method by opening up space for discussion. The results of community service showed that based on the explanation given to the students who were the target of this activity, the majority of students were satisfied with the activity. With this activity, students became aware of how important the existence of a law is. Knowledge of criminal sanctions has influenced their psychology to obey the law. Thus, the theory of psychological coercion states that the existence of criminal sanctions in the law has influenced the psychology of members of society so that they are prevented from committing crimes. Apart from that, awareness has also arisen to participate in preventing and taking action against pornography cases. Keywords: Socialization, Law Number 44 of 2008 concerning Pornography, Students.

Syah Awaluddin; Andi Masniati; Rahmat Rahmat; M Zarsadin; Salsabilah Azzahra Tuasikal +2 more

Karunia: Jurnal Hasil Pengabdian Masyarakat Indonesia 2023 Fakultas Teknik Universitas Maritim AMNI Semarang

This community service activity aims to increase the awareness of the community around the IAIN Ambon campus regarding the importance of plastic waste management and maintaining environmental cleanliness. Through the Participatory Action Research (PAR) method, students of the Islamic Criminal Law Study Program at the Faculty of Sharia IAIN Ambon acted as facilitators in the socialization and implementation of plastic waste recycling activities. This activity included education on the negative impacts of plastic waste, waste sorting practices, recycled product creation, and waste cleanup actions. The results showed positive changes in community behavior towards the environment and improved students' skills in applying the amar ma'ruf nahi munkar principle. This activity not only had a tangible social impact but also strengthened the application of Islamic values in the context of environmental preservation.

Uun Ulfiana; Y.A Triana Ohoiwutun; Samuel Saut Martua Samosir

JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 2023 Pusat Riset dan Inovasi Nasional

The examination of witnesses regulated by Act No. 8 of 1981 on the Code of Criminal Procedure Law (hereinafter referred to as KUHAP) is a provision concerning formal criminal law. In the case No. PDM-242/JKTSL/10/2022 with the accused Ferdy Sambo (FS) and the case N. P.D.M-246/Jktsl/10/2022 with Princess Chandrwati (PC) there is an event conducted examination of witnesses jointly, becoming a material of investigation, whether such examination can be carried out simultaneously considering the witness in giving explanations must be independent. To respond to the focus of research in this research use normative jurisprudential research methods with conceptual approaches and legislative approaches. The conclusion is that the joint examination of witnesses is based on Article 172 (1) of the Convention. Accordingly, the public prosecutor or the accused or the legal counselor may prepare a witness of a qualitative nature, subject to the provisions of applicable law, so that the testimony of the witnesses may have a valid proof force. Furthermore, it is expected that the law enforcement agencies will be able to carry out witness examination procedures accurately and honestly in order to the objective of the examination in the trial, which is to material truth.

Adib Aushaf; Diyan Yusri; Abdullah Sani

Journal of Creative Student Research 2023 Pusat Riset dan Inovasi Nasional

Sexual crimes against minors are increasingly prevalent and are even at an alarming stage, so that the Government deems it necessary to take a stand. This type of research is field research. Field research research. namely a research that is carried out systematically by raising existing data in the field. Methods of data collection by way of observation, interviews and documentation. The data obtained is then processed by reducing data, presenting data, and making conclusions. The results of the study show that chemical castration is a form of criminal punishment. This punishment is appropriate because Islamic law recognizes tadzir punishment. Current criminal law policies in efforts to protect children related to sexual crimes are contained in Law Number 17 of 2016 concerning ratification of Regulation in lieu of Law Number 1 of 2016 concerning the second amendment to Law Number 35 of 2014 concerning the first amendment to Law Number 23 of 2002 concerning Child Protection. Sexual crimes against children that occurred in North Binjai District, Binjai City are a form of crime that violates positive law. In the perspective of the Muslim community in North Binjai District, Binjai City stated that they agree to the application of chemical castration sanctions for perpetrators of sexual crimes against children.