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Optimizing the Implementation of Diversion in Cases of Violence Committed by Children in Semarang City
Cases of violence between children often occur, this is because children's emotional maturity is not yet fully mature, so that pathological social problems often occur that make children often commit violence between each other. This makes children often face the law, because children need mental protection and intellectual growth guarantees, the concept of restorative justice through diversion is needed, however, diversion has not been optimally implemented, especially in the Semarang City area. The type of research used in this study is descriptive analytical legal research. Based on the study, it is known that data on the number of cases of violence between children in Semarang City according toSemarang City Women and Children's Empowerment Service (DP3A) In 2025, there were 56 cases, with diversion carried out by the Semarang City Police which reached 2 cases, this shows that the diversion carried out in cases of violence between teenagers in Semarang City is not optimal.Constraintin the process of investigating child criminal cases through restorative justice at the Semarang City Police Resort in the form of mThe lack of public knowledge regarding the resolution of criminal cases through restorative justice; the lack of public awareness of reconciliation through restorative justice in cases of minor assault; and the lack of comprehensive and specific regulation of the resolution of hate speech crimes through restorative justice within government regulations, both central and regional.
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Effectiveness of Protection for Women's Rights as Wives in the Implementation of Polygamy in Cirebon City
Polygamy often results in the violation of the rights of the wives in polygamous marriages. The type of research used is empirical legal research. Based on the discussion, it is understood that protection of the rights of wives in polygamous marriages in Cirebon City has not been realized. This is due to the fact thatLaw of the Republic of Indonesia Number 1 of 1974 in conjunction with Law of the Republic of Indonesia Number 16 of 2019 concerning Marriage, Compilation of Islamic Law, and Government Regulation Number 10 of 1983 in conjunction with Government Regulation of the Republic of Indonesia Number 45 of 1990 concerning Marriage and Divorce Permits for Civil Servants, has not yet regulated the matter.regulation of the definition of polygamy, protection of the rights of wives in polygamous marriages, and supervision of polygamy.
The Effectiveness of Restorative Justice in Investigations of Cases of Violence by Children at the Cirebon City Police
Cases of violence between children often occur, this is because the emotional maturity of children is not yet fully mature so that social pathological problems often occur that make children often commit violence between each other. This makes children often face the law, therefore children need mental protection and intellectual growth guarantees, the concept of restorative justice through diversion is needed, however, diversion has not been optimally implemented, especially in the Cirebon City area. The type of research used in this study is descriptive analytical legal research. Based on the results of the study, it is known that the process of investigating child criminal cases through diversion as an effort to realize restorative justice at the Cirebon City Police is not optimal, this is because 95 cases of violence committed by children were resolved at the Cirebon City District Court in 2024.Constraintin the process of investigating cases of child criminal acts through restorative justice at the Cirebon City Police in the form of The lack of public knowledge regarding the resolution of criminal cases through restorative justice; the lack of public awareness of reconciliation through restorative justice in cases of minor assault; and the lack of comprehensive and specific regulation of the resolution of hate speech crimes through restorative justice within government regulations, both central and regional.
Criminal Sanctions Policy on Replacement of Money in Corruption Criminal Acts as an Effort to Recover State Losses
The imposition of a monetary penalty is one way to restore the state's financial condition to its original state and provide direct deterrence to those who have committed corruption crimes. The purpose of this study is to determine and analyze the implementation of the monetary penalty policy in corruption crimes in Indonesia, to identify and analyze the obstacles and solutions in the monetary penalty in corruption crimes as an effort to recover state losses. This legal research uses an empirical legal research approach. Empirical juridical research, namely legal research using legal principles and principles in reviewing, observing, and analyzing problems, in research, in addition to reviewing the implementation of the law in practice. The application of additional monetary penalties as an instrument for recovering corruption assets is based on Article 17 in conjunction with Article 18 of Law 31/1999 in conjunction with Law 20/2001, but its facultative nature makes its imposition still dependent on the discretion of the judge. This condition causes the amount of monetary penalties to often be smaller than state losses, so it does not optimally recover assets and does not have a deterrent effect. Another obstacle arises from Article 18 paragraph (3) which provides loopholes for convicts to not pay replacement money, exacerbated by the existence of subsidiary provisions that actually allow perpetrators to choose to undergo corporal punishment. In addition, there are no standard rules regarding the execution mechanism if the convict is unable to pay part or all of the replacement money. The absence of provisions regarding the conversion of partial payment of replacement money to reduce the subsidiary sentence also creates uncertainty. Solutions taken include confiscation of assets through rule breaking, imposition of replacement money sentences without subsidies through a contra legem approach, and the preparation of sentencing guidelines for subsidiary sentences of replacement money.
Legal Protection for Land Rights Holders in Cases of Overlapping Ownership of a Plot of Land in the City of Semarang
Legal aspects and land ownership in Indonesia are also a focus of attention. Issues of overlapping land ownership often arise, leading to conflicts between stakeholders. Legal protection for landowners is essential to maintain stability and prevent uncertainty that could harm the economy and society. The purpose of this study is to examine and analyze legal protection for land rights holders and the obstacles and solutions in resolving cases of overlapping ownership of a plot of land in Semarang City. This research approach falls within normative legal research. The data types and sources include primary and secondary legal materials. The data collection method is a literature study. The analysis method is empirical qualitative analysis. The results of the study show thatThe problem of overlapping ownership of a plot of land (or overlapping certificates) is one of the most complex land disputes in the city of Semarang, and in Indonesia in general. Legal protection for land rights holders in such cases is based on the principles of agrarian law and the applicable judicial process. Obstacles in resolving overlapping land ownership disputes are inaccurate physical and legal data, bad faith and manipulation, and long and protracted legal processes. Solutions to resolving overlapping land ownership disputes include optimizing mediation and document research at the National Land Agency (BPN), digitizing land data, utilizing the services of legal advisors or land consultants, utilizing the services of legal advisors or land consultants, taking the PTUN legal route for administrative decisions, and resolving through deliberation on the validity of BPN administrative decisions.
Social Media Ethics from The View of Maqasid Al-Shariah: Modern Ijtihad in Dealing with the Hoax Phenomenon and Hate Speech
The development of digital technology has fundamentally changed people's communication patterns. Social media facilitates the rapid and massive dissemination of information, but also poses serious challenges in the form of hoaxes and hate speech. This phenomenon raises ethical, social, and even legal issues. This article aims to analyze the principles of maqasid al-syariah as the basis for media ethics in the modern context, as well as its integration with Indonesian positive law. This research uses a normative legal method with a conceptual and legislative approach, examining maqasid values such as preserving religion (hifz ad-din), life (hifz an-nafs), intellect (hifz al-'aql), descendants (hifz an-nasl), and property (hifz al-mal). The results show that the application of maqasid al-syariah can strengthen the moral and spiritual dimensions in the use of social media, complementing formal and repressive positive law. This integration encourages the formation of media ethics that are preventive, educational, and beneficial.
Effectiveness of the Role of the Police in Handling the Criminal Acts of Motorcycle Theft in the Jurisdiction of the Maja Sector Police (Maja Sector Police)
This study aims to analyze the effectiveness of the police in handling motorcycle theft cases within the Maja Police Sector. The objectives of this study are to examine and evaluate the extent to which the police effectively respond to motorcycle theft, identify the challenges faced by the Maja Police Sector in investigating motorcycle theft, and explore the solutions implemented to overcome these obstacles. This study uses a juridical-sociological approach, which examines social and legal phenomena based on data and facts obtained through field observations, interviews, and other empirical methods. The findings reveal that the effectiveness of case handling is significantly influenced by the competence of investigators, the availability of supporting facilities and infrastructure, preventive patrol mechanisms, and community cooperation in providing early information. Although the Maja Police Sector has carried out its law enforcement duties in accordance with established procedures, several obstacles remain, including limited personnel, slow evidence collection processes, and low community participation in reporting incidents. This study recommends increasing human resource capacity, optimizing the use of police technology, expanding patrol coverage in high-risk areas, and strengthening community-based policing strategies to improve the effectiveness of motorcycle theft prevention and investigation in the Maja jurisdiction.
The Position of Polygraph (Lie Detector) Examination Results in the Criminal Evidence System
The topic of this research is "The Position of Polygraph (Lie Detector) Examination Results in the Criminal Evidence System (Case Study of Supreme Court Decision Number 813 K/pPID/2023)". This research analyzes two problem formulations, namely First, what is the position and validity of polygraph (Lie Detector) examination results in the criminal evidence system. Second, How are the judge's considerations in assessing the position of Polygraph (Lie Detector) examination results in Supreme Court Decision Number 813 K/PID/2023. The research method used is normative juridical. The results of the study show that explicitly the polygraph does not yet have legal legitimacy recognized in Article 184 paragraph (1) of the Criminal Procedure Code, so it cannot be used as a stand-alone evidence tool. However, scientifically the polygraph has relevance as a tool to test the honesty of statements and support the proof of material truth. In Supreme Court Decision Number 813 K/PID/2023, the judge classified polygraph examination results as a scientific evidentiary tool that can be considered through the category of expert testimony or documentary evidence as referred to in Article 184 of the Criminal Procedure Code. Although polygraph results do not have the power of proof in themselves, the judge still uses them as supporting material in forming a conviction of the defendant's guilt. However, the legal approach in this decision remains legalistic and formalistic, as it does not fully accommodate the scientific value and objectivity of the polygraph as a modern means of proof. Therefore, a renewal of the evidentiary paradigm is needed that allows judges to interpret scientific evidence more openly, without ignoring the principles of fair trial and material truth in the Indonesian criminal justice system.
Legal Analysis of Legal Protection Efforts for Perpetrators of Child Molembolism Based on Legal Justice In Indonesia Research Proposal
This research is entitled "A Legal Analysis of Legal Protection Efforts for Perpetrators of Child Molestation Crimes Based on Legal Justice in Indonesia." The purpose of this research is to determine the legal regulations applicable to child molestation crimes, the forms of legal protection for perpetrators, and analyze the application of legal justice in the criminal justice process. This issue is important to study because the legal system often only emphasizes the protection of victims, while the rights of perpetrators as legal subjects receive less attention. The research method used is normative juridical, namely by examining primary legal materials in the form of legislation, as well as secondary legal materials such as legal literature, scientific journals, and previous research results. The approaches used include a statute approach and a conceptual approach to understand the compatibility between positive legal norms and principles of justice. The analysis is conducted qualitatively and descriptively, by interpreting applicable legal provisions and comparing them with the theory of legal justice that demands a balance between the rights of victims and perpetrators. The research results show that legal provisions regarding the crime of child molestation are regulated in the Criminal Code, Law Number 35 of 2014, and Law Number 17 of 2016, which provide maximum protection for children as victims. However, in terms of legal justice, protection for perpetrators is still limited to procedural aspects such as the right to legal assistance and humane treatment during the judicial process. Therefore, it is necessary to update criminal law policies that emphasize the balance between victim protection and perpetrator rights, and encourage the implementation of restorative justice so that the legal objectives of certainty, benefit, and justice can be fully achieved.
Effectiveness of Investigations into Domestic Violence Crimes at the Cirebon Police
Domestic violence is an act that can damage the psyche of every victim and can even result in death for the victim. Until now, acts of domestic violence are growing, legal action efforts by law enforcement often encounter difficulties, this is due to a culture that views domestic violence as a common household problem and a shame that should not be known to parties other than family members, this makes victims of domestic violence reluctant to report the domestic violence they experienced to law enforcement. The research approach method used is a sociological juridical approach. Based on the results of the study, it can be seen that data collected by the Cirebon Police indicate that domestic violence cases in 2024 have increased. The tendency for an increase in domestic violence cases every year indicates that the implementation of investigations into domestic violence that have been carried out so far has not been effective. Obstacles in the implementation of the investigation process are based on several factors that influence law enforcement, namely legal factors, law enforcement factors, infrastructure factors, community factors, cultural factors. The five factors above are interrelated and are the essence of law enforcement. Besides that, it is also a benchmark for optimizing law enforcement.
The Ideal Concept of Legal Regulation of Defamation Through Social Media Based on Pancasila Justice Values
Digital platforms have become the primary means for people to interact without the constraints of time and space, but they are also vulnerable to being used to attack the honor or humiliate others. Phenomena such as cyberbullying and the spread of hate speech have serious psychological impacts. The purpose of this study is to identify and analyze the regulation of defamation through social media in Indonesia, and to identify and analyze the ideal concept of a just and just legal regulation of defamation through social media. The type of research used in this thesis is normative law. Regulation of defamation through social media ideally maintains a balance between protecting an individual's dignity and reputation and freedom of expression, as stipulated in the Criminal Code, the ITE Law, and the Constitutional Court's decision, which affirms this offense as a complaint offense and only applies to false accusations that cause serious harm. However, vague phrases such as "something" in Article 27A of Law 1/2024 still have the potential to give rise to multiple interpretations and abuse. Because digital information spreads rapidly, law enforcement must consider context, intent, impact, and the principle of proportionality, with imprisonment as the ultimum remedium. Remedial mechanisms such as corrections, the right of reply, clarification, content removal, apologies, and civil and restorative schemes should be prioritized, along with proportional obligations for digital platforms to respond to reports. Lessons learned from other countries such as the UK, Germany, and Singapore demonstrate the importance of the "serious harm" standard and a swift correction mechanism. Harmonization of regulations, increased capacity of officials, and strengthening of digital literacy and a culture of ethical communication are necessary to ensure that defamation articles do not become a tool for silencing, and that the digital space remains healthy, fair, and democratic.
Analysis of Determining Locus Delicti in the Cybercrime Investigation Process
The purpose of this study is to determine and analyze the locus delicti determination scheme in cybercrime investigations. In this paper, the author uses a normative juridical method with descriptive analysis as the research specification. Cybercrimes are committed in cyberspace, with the internet as an intermediary for committing cybercrimes. Cybercriminals can carry out cybercrime activities both from close range from the target of the crime or from a great distance, they can commit cybercrimes against the target victim of cybercrime. In cybercrime investigations, the crime scene can be in various jurisdictions, both international and national, thus creating problems in determining the competent court. This is further complicated by the existence of the Electronic Information and Transactions Law (UU ITE), which regulates the jurisdiction of cybercrimes with different principles, such as the territorial principle, the national principle, and the universal principle. Because there is always a difference between the location (locus) of the perpetrator and the location of the consequences.
Effectiveness of Implementing Criminal Sanctions Against Drug Abuse Perpetrators in Indonesia
This study aims to analyze the effectiveness of criminal sanctions imposed on drug abuse offenders within Indonesia's criminal justice system. The increasing number of drug abuse cases indicates that the application of criminal sanctions has not been fully successful in creating a deterrent effect or reducing violations. Therefore, this research seeks to examine the extent to which criminal sanctions have been applied in accordance with the principles of legal justice and the objectives of punishment. The research method used is a normative juridical approach by reviewing legislation, legal theories, and relevant literature. The analysis was conducted descriptively by comparing the implementation of criminal sanctions in practice with applicable criminal law theories. The results of the study show that the effectiveness of criminal sanctions against drug offenders remains limited due to weak law enforcement, suboptimal rehabilitation policies, and lack of coordination among law enforcement institutions. The conclusion of this research emphasizes that the enforcement of criminal sanctions has not been effective in reducing drug abuse cases. It is suggested that rehabilitation-based approaches for addicts be strengthened, law enforcement professionalism be improved, and penal policies be evaluated to prioritize restorative rather than purely repressive justice.
The Role of the Prosecutor's Office in Terminating Prosecution of Drug Addicts Using a Restorative Justice Approach
The purpose of this study is to examine and analyze the role of the Prosecutor's Office in terminating the prosecution of drug addicts using a restorative justice approach. to examine and analyze the weaknesses of terminating the prosecution of drug addicts using a restorative justice approach. to examine and analyze the future enforcement of the law on terminating the prosecution of drug addicts using a restorative justice approach. The method of approach in this study is normative legal research. Normative legal research is research that uses methods that refer to legal norms contained in laws and court decisions. Terminating the prosecution of drug addicts using a restorative justice approach requires a central role for the Prosecutor's Office in directing addicts to recovery based on medical and social assessments, but its effectiveness is still hampered by weaknesses in the structure, substance, and legal culture described by Friedman, such as suboptimal institutional coordination, unclear legal basis, limited rehabilitation facilities, and the stigma of officials and society who still view addicts as criminals; In the future, this policy will be increasingly important because drug addiction is understood as a public health issue, so strengthening regulations, the capacity of officers, rehabilitation facilities, post-rehabilitation supervision, and the transformation of legal culture will be the keys to success, supported by the role of families and communities in eliminating stigma, so that the criminal justice system can move towards a more effective, humane recovery approach, and in line with the objectives of protecting addicts in the Narcotics Law.
Effectiveness of Forensic Autopsy As Evidence in Murder Crimes
This study aims to analyze the effectiveness of forensic autopsies as evidence in the criminal justice process for murder, using an empirical study at Bhayangkara Hospital in Semarang City. The study used an empirical juridical approach with descriptive-analytical specifications. Primary data were obtained through in-depth interviews with forensic doctors and police investigators as well as direct observation, while secondary data included relevant laws and regulations and literature. Data analysis was conducted qualitatively. Based on the study, it was concluded that the implementation of forensic autopsies was in accordance with Articles 133 and 134 of the Criminal Procedure Code, starting from the official request of the investigator, notification to the family, to the production of the Visum et Repertum. The effectiveness of forensic autopsies as evidence was considered very high, contributing significantly to revealing the cause of death (as many as 80-85% of cases), determining the mode of crime, and strengthening the judge's conviction. Its success was supported by the competence of forensic doctors, inter-agency coordination, and the quality of documentation. However, this effectiveness was hampered by cultural resistance factors from the victim's family, limited advanced laboratory facilities, and a less than ideal number of forensic human resources. This study recommends increased investment in infrastructure, a massive public education program, and continuous strengthening of forensic medical human resources capacity.
Implementation of Termination of Prosecution Based on Restorative Justice in Cases of Domestic Violence (Case Study: Indragiri Hilir District Attorney's Office)
Domestic violence remains a serious issue in Indonesia, including in Indragiri Hilir Regency, where most cases are resolved through mediation, withdrawal of reports, or restorative justice mechanisms as regulated in Prosecutorial Regulation Number 15 of 2020. This makes it important to examine the implementation and the obstacles encountered in its application within the criminal justice system. The purpose of this research is to analyze the implementation of prosecution termination based on restorative justice in domestic violence cases at the Indragiri Hilir District Prosecutor's Office; to analyze the obstacles and solutions in implementing prosecution termination based on restorative justice in domestic violence cases at the Indragiri Hilir District Prosecutor's Office; and to analyze the ideal regulatory framework for prosecution termination based on restorative justice in domestic violence cases in the future. The research approach used in preparing this thesis is empirical juridical research. The specification of this study is descriptive-analytical. The results of this study show that the implementation of restorative justice in domestic violence cases at the Indragiri Hilir District Prosecutor's Office is evident in the resolution of the TWS case, who committed minor physical violence against SBJ. After the submission of the stage-two dossier, the prosecutor assessed that the case met the requirements for restorative justice and facilitated a deliberation by bringing together the victim, the perpetrator, their families, and local community leaders. The dialogue proceeded without coercion until an unconditional settlement was reached, which then became the basis for terminating the prosecution. This process aligns with Tony Marshall's concept emphasizing the three pillars of restorative justice: encounter, through direct meetings between the victim and the perpetrator to foster mutual understanding; reparation, through acknowledgment of wrongdoing and commitment to repairing the relationship; and reintegration, through the offender's return to the social environment without stigma. The obstacles to implementing prosecution termination based on restorative justice in domestic violence cases at the Indragiri Hilir District Prosecutor's Office originate from three main dimensions of the legal system substance, structure, and legal culture. These include weak normative foundations due to the absence of restorative justice provisions in the Criminal Procedure Code (KUHAP), limited human resources, heavy workloads and complex administrative procedures within the prosecutor's office, as well as patriarchal culture and societal or institutional perspectives that equate justice with punishment, which in turn leads to victim hesitation. To address these challenges, it is necessary to strengthen the legal basis through the reformulation of Article 140 paragraph (2) of the KUHAP,improve structural capacity by increasing and specializing human resources, simplifying restorative justice procedures, and transforming legal culture through education and continuous public outreach involving community and religious leaders.
Criminal Law Policy in Efforts to Extend Detention at the Cassation Level in Future Positive Law
A first-instance court decision in Indonesia does not have permanent legal force as long as further legal remedies, such as cassation, are still available. The practice of detaining defendants during the cassation process raises legal issues related to legal certainty, the protection of human rights, and the consistency of decision enforcement. The absence of provisions in the Indonesian Criminal Procedure Code (KUHAP) regarding the limits of sentences during enforcement cassation creates uncertainty, particularly concerning the detention status of defendants who are released by operation of law while cassation proceedings are ongoing. Additionally, there is a lack of coordination among the Prosecutor's Office, correctional institutions, and the Supreme Court, resulting in misalignment in the implementation of decisions, extensions of detention, and the authority to execute judgments. This study focuses on two main issues: first, the current criminal law policy regarding the extension of detention at the cassation stage; and second, the ideal criminal law policy in the context of detention extension in the future.
Legal Responsibility for Perpetrators of Criminal Acts of Assault (Study of Decision Number 5/Pid.B/2025/Pn Tpg)
This study analyzes the construction of the crime of assault from the perspective of legal certainty and the perpetrator's responsibility based on Decision No. 5/Pid.B/2025/PN Tpg. The method used is normative legal research with a statutory, conceptual, and case approach. The results of the study indicate that assault as regulated in Article 351 of the Criminal Code is an act that causes physical and psychological suffering and must be accounted for. In the decision, the defendant was found guilty after all elements of the crime were proven through witness testimony, a post-mortem, and evidence, without any justification or excuse. The panel of judges applied the principle of geen straf zonder schuld, so that this decision reflects legal certainty, protects the victim, and fulfills the public's sense of justice.
The Effectiveness of Reverse Evidence for Money Laundering Criminal Acts in Criminal Justice Processes in Indonesia
The main reason for the implementation of the reverse burden of proof is because money laundering is generally carried out in a complex manner and involves organized crime networks. This complexity is exacerbated by advances in information technology in the financial and banking sectors, which make the process of tracking and proving increasingly difficult. The purpose of this study is to examine and analyze the effectiveness of the reverse burden of proof for money laundering crimes in the criminal justice process in Indonesia, to examine and analyze the ideal concept of the reverse burden of proof for money laundering crimes in the criminal justice process in the future. The type of research used in this study is normative juridical. Money laundering crimes are extraordinary crimes that require extraordinary countermeasures, including through the reverse burden of proof in Law No. 8 of 2010, but its effectiveness in Indonesia is still hampered by substantive weaknesses, unpreparedness of the authorities, minimal means of asset tracking, a low culture of compliance, and weak international cooperation. For the future, the ideal concept of reversed proof needs to be strengthened by clarifying legal standards, expanding the mechanism for confiscating assets, both based on judgments and without judgments (civil forfeiture), building an integrated digital financial oversight system, increasing the capacity of officials in financial forensics and cross-border investigations, and strengthening coordination between institutions such as the Financial Transaction Reports and Analysis Center (PPATK), the Financial Services Authority (OJK), Bank Indonesia (BI), the Directorate General of Taxes, and law enforcement officials, as is the effective practice in the UK, the US, and Singapore, so that reversed proof can become a strategic instrument to impoverish perpetrators and strengthen the integrity of the national financial system.
The Role of the Police in Diversion for Children in Conflict with the Law in the Crime of Mild Theft
This study analyzes the role of the police in implementing diversion for juvenile offenders of petty theft at the Natuna Police Resort and identifies obstacles and optimal solutions. This study departs from the mandate of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System (SPPA), which requires the implementation of restorative justice through diversion for crimes punishable by less than seven years. This study uses normative and empirical juridical methods with a statutory, conceptual, and case-based approach. Research data was obtained through literature review and interviews with juvenile investigators, Bapas (Children's Protection Agency), the PPPA Office, and community leaders. The results indicate that the police are key actors and gatekeepers because diversion begins at the investigation stage. However, its implementation has not been optimal due to a lack of juvenile investigators, a retributive legal culture in society, geographical constraints as an archipelagic region, and weak coordination between institutions. Data from 2024 shows that only around 30% of juvenile cases were successfully diverted. This study concludes that the effectiveness of diversion depends on the capacity of the apparatus, institutional support, and transformation of the community's legal culture. Optimization is needed through training of child investigators, integrated coordination models, and restorative education for the community. This study analyzes the role of the police in implementing diversion for juvenile offenders of petty theft at the Natuna Police Resort and identifies obstacles and optimal solutions. This study departs from the mandate of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System (SPPA), which requires the implementation of restorative justice through diversion for crimes punishable by less than seven years. This study uses normative and empirical juridical methods with a statutory, conceptual, and case-based approach. Research data was obtained through literature review and interviews with juvenile investigators, Bapas (Children's Protection Agency), the PPPA Office, and community leaders. The results indicate that the police are key actors and gatekeepers because diversion begins at the investigation stage. However, its implementation has not been optimal due to a lack of juvenile investigators, a retributive legal culture in society, geographical constraints as an archipelagic region, and weak coordination between institutions. Data from 2024 shows that only around 30% of juvenile cases were successfully diverted. This study concludes that the effectiveness of diversion depends on the capacity of the apparatus, institutional support, and transformation of the community's legal culture. Optimization is needed through training of child investigators, integrated coordination models, and restorative education for the community.
The Military Prosecution System Within Scope of Military Criminal Law Enforcement
The purpose of this research is toknowing and analyzingprosecution system by the military auditor as enforcer of military criminal law. In this writing, the author uses a normative juridical method with research specifications in the form of descriptive analysis. The existence of the Military Auditor in enforcing the law against members of the Indonesian National Armed Forces (TNI) who commit criminal acts which are judicially included in the scope of the Military Auditor's authority to prosecute military criminal cases with implications on how the Military Auditor's prosecution system works and whether the connectivity of the Military Auditor with the Prosecutor's Office has its own impact on the scope of military justice, especially the prosecution of military crimes. Prosecution within the Military Court can be interpreted as the Military Auditor's action to delegate a criminal case to the competent court according to the method regulated in Law No. 31 of 1997 concerning Military Justice with a request that it be and decided by a judge in a court hearing.
The Role of the Police in Handling Cases Criminal Acts of Corruption by State Civil Apparatus
The purpose of this study is to determine and analyze the authorityPolice in handling criminal acts of corruption by state civil servants. In this writing, the author uses a normative juridical method with research specifications in the form of descriptive analysis. Many people associate corruption, collusion, and nepotism with the State Civil Apparatus (ASN). Ironically, ASN, which should have a stronger foundation of integrity, turns out to be the profession that commits the most corruption in corruption cases. The dominance of ASN involved in corruption cases, ASN should be able to help the government to realize good and clean governance (good governance and glean government) by not committing corruption in any form, whether it is detrimental to state finances, bribery, embezzlement in office, extortion, fraudulent acts, conflicts of interest in procurement, and gratuities. Structurally, the Police also fulfills the readiness of particular subsystems in concentrating on handling corruption crimes optimally with the National Police Tipikor Unit, or the Directorate of Corruption Crimes (Dittipidkor) of the National Police Criminal Investigation Agency, which is a task force within the police tasked with eradicating corruption.
The Prosecutor's Authority as "Dominus Litis" in the Draft Criminal Procedure Code in Indonesia
The Indonesian criminal justice system consists of four pillars of law enforcement: the National Police (Polri), Prosecutors, Judges, and Legal Counsel. All four share the common goal of achieving justice, benefit, and legal certainty. Each of these pillars, including the Prosecutor as public prosecutor, is expected to carry out its duties and authorities with high professionalism and integrity. He highlighted the problem of overload or overcapacity of prisoners in detention centers and correctional facilities, which is increasing along with the increase in criminal cases. This is influenced by developments in science and technology, changes in social situations, and shifts in human mindsets. He also highlighted the importance of the Prosecutor's role in anticipating new types of crimes such as legal crimes, factual crimes, and undetected crimes, which arise due to changing times and human intelligence. In practice, Prosecutors are often in a tight position with Legal Counsel and the Panel of Judges, although not all criminal cases face this situation. He noted that dissenting opinions from the Public Prosecutor's team during the legal process are unheard of. To strengthen the performance of Prosecutors, there must be closer collaboration between Polri/PPNS investigators and Public Prosecutors, as regulated in the Draft Criminal Procedure Code.
The Urgency of Changing the Status of Complaint Offences in Domestic Violence Criminal Acts Based on the Values of Justice
Domestic violence (KDRT) is a human rights violation that has serious impacts on victims, but the regulation of complaint offenses in the PKDRT Law often hinders the legal process because investigators cannot act without a victim's report, while many victims are in vulnerable situations and are reluctant to report. A revision of the provisions of complaint offenses is needed so that the state can act more proactively in protecting victims of domestic violence in order to ensure a sense of security and justice as guaranteed by the 1945 Constitution. The purpose of this study is to find out and analyze the ideal concept of changing the status of complaint offenses in criminal acts of Domestic Violence based on the value of justice. The approach used in compiling this thesis is normative juridical research. The specifics of this research are descriptive analysis. The theories used include Wirjono Prodjodikoro's Theory of Punishment and Hans Kelsen's Theory of Justice. The results of this study are: (1) The regulation of domestic violence as a complaint offence, which was originally intended to protect the privacy of victims, actually weakens protection because victims are often in unequal relationships, dependency, and social pressure, so that the complaint requirement results in many cases not being processed and creates a culture of silence. This condition shows that the complaint offense model is not in accordance with the character of domestic violence as a crime with public impact, so it needs to be reconstructed to be more pro-victim and in line with the objectives of criminalization. (2) Changing the status of domestic violence from a complaint offense to an ordinary crime is a major step to realizing the ideal concept of victim protection, because the complaint requirement has so far actually hindered victims who are trapped in unequal power relations, dependency, and social pressure from obtaining access to justice. There is a need for a revision of Articles 51-53 of the Domestic Violence Law and must be accompanied by strengthening the role of the state through proactive intervention by officials, emergency protection mechanisms, increasing the capacity of law enforcement, and integrating victim assistance services so that the legal system is in line with the constitutional mandate and provides protection and justice.