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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.
Termination of Prosecution of Road Traffic and Transport Crimes Based on Restorative Justice
The aim is to analyze the termination of prosecution of traffic and road transportation crimes based on restorative justice. The research method used is a sociological juridical approach to study and find the legal reality experienced in the field which is based on problems regarding legal matters and existing realities. The results of the study of the termination of prosecution of traffic and road transportation crimes based on restorative justice are a form of criminal law reform that reflects a new paradigm of law enforcement in Indonesia from a retributive justice orientation to restorative justice. This policy aims not merely to punish the perpetrator, but to restore social harmony, restore balance between the perpetrator, victim, and society, and realize humane justice in accordance with the values of Pancasila.
Optimization of the Pre-Prosecution Stage as an Effort to Confiscate Assets in Money Laundering Cases (Case Study of Manokwari District Court Decision Number: 28/Pid.B/2023/Pn Mnk)
Money Laundering is an organized crime that attempts to conceal or eliminate the traces of criminal assets. Money Laundering is significantly regulated by Law Number 8 of 2010 concerning the Prevention and Eradication of Money Laundering.This study uses a normative juridical method to analyze and explain how the efforts to confiscate assets in money laundering criminal cases are based on applicable laws and regulations; analyze and explain the weaknesses and challenges of confiscating assets in money laundering criminal cases; and analyze and explain the optimization of the Pre-Prosecution stage carried out by the Public Prosecutor in case Number 28 / Pid.B / 2023 / PN Mnk on behalf of the Convict Chandrawati Sutandang, SE The results of the study indicate that the Public Prosecutor in the a quo case has not optimized the pre-prosecution stage as an effort to confiscate assets owned by the defendant from the proceeds of his crime, by paying attention to the lack of supporting evidence that has a direct or indirect relationship to the assets or assets that have been confiscated as evidence, so that in this case it becomes a legal fact in the trial which the panel of judges uses as the Ratio Decidendi in making a decision regarding the return of all evidence belonging to the defendant.
Analysis Of Legal Responsibility For Accidents Due To Malfunction Of The Car Autopilot System According To Indonesian Criminal Law
This study aims to analyze criminal liability for accidents caused by malfunctions in car autopilot systems from the perspective of Indonesian criminal law. The method used is normative legal research with statutory, conceptual, and comparative approaches. Data were obtained through a literature review of the Criminal Code, Law Number 22 of 2009 concerning Road Traffic and Transportation, Law Number 8 of 1999 concerning Consumer Protection, Law Number 11 of 2008 concerning Electronic Information and Transactions, and Presidential Regulation Number 55 of 2019 concerning the Electric Motor Vehicle Program. In addition, the legal regulations of other countries related to autopilot systems were also reviewed. The results of the study indicate that the national legal framework does not yet explicitly regulate criminal liability for accidents caused by autopilot systems, thus creating uncertainty in determining the legal subjects responsible, whether drivers, manufacturers, or technology developers. Countries such as the United States, Germany, and Japan have implemented the principles of strict liability and vicarious liability to ensure victim protection. The research recommendations include reforming criminal law regulations to encompass cross-actor accountability, establishing an autonomous technology oversight body for algorithm audits and certification, integrating humanitarian ethics into technological innovation, and enhancing law enforcement capacity and technological literacy for officials handling cases involving artificial intelligence. This adaptive model is expected to achieve legal certainty, protect the public, and encourage smart transportation innovation in Indonesia. This study aims to analyze criminal liability for accidents caused by malfunctions in car autopilot systems from the perspective of Indonesian criminal law. The method used is normative legal research with statutory, conceptual, and comparative approaches. Data were obtained through a literature review of the Criminal Code, Law Number 22 of 2009 concerning Road Traffic and Transportation, Law Number 8 of 1999 concerning Consumer Protection, Law Number 11 of 2008 concerning Electronic Information and Transactions, and Presidential Regulation Number 55 of 2019 concerning the Electric Motor Vehicle Program. In addition, the legal regulations of other countries related to autopilot systems were also reviewed. The results of the study indicate that the national legal framework does not yet explicitly regulate criminal liability for accidents caused by autopilot systems, thus creating uncertainty in determining the legal subjects responsible, whether drivers, manufacturers, or technology developers. Countries such as the United States, Germany, and Japan have implemented the principles of strict liability and vicarious liability to ensure victim protection. The research recommendations include reforming criminal law regulations to encompass cross-actor accountability, establishing an autonomous technology oversight body for algorithm audits and certification, integrating humanitarian ethics into technological innovation, and enhancing law enforcement capacity and technological literacy for officials handling cases involving artificial intelligence. This adaptive model is expected to achieve legal certainty, protect the public, and encourage smart transportation innovation in Indonesia.
Legal Study of Consumer Legal Protection Against the Practice of Importing and Buying Used Clothing (Thrift) from a Criminal Law Perspective
Clothing is a basic human need, requiring clothing to cover and protect oneself in every activity. In today's globalized world, people are increasingly drawn to imported second hand clothing, particularly among the middle class. The purpose of this study is to examine the legal prohibition of imported second hand clothing, but in practice, it continues to operate freely. Furthermore, these businesses fail to communicate honestly about the condition of the goods they sell. Some even resort to deception and exploit consumer weaknesses. This practice contradicts the principle of legal certainty and consumer protection theory. This research employs a normative juridical approach and employs descriptive analytical research. The author concludes that manufacturers or business actors are responsible for ensuring that the products or services they produce or provide comply with the terms and conditions stipulated in the Consumer Protection Law. Thrift clothing is highly sought after by Indonesians, as it is perceived to be of comparable quality to new clothing while remaining affordable. This is one factor contributing to the high number of thrift clothing imports in Indonesia.
Termination of Prosecution of Criminal Acts of Domestic Violence Based on Restorative Justice
The aim is to analyze the termination of prosecution of domestic violence crimes based on restorative justice. The research method used is a sociological juridical approach to study and find the legal reality experienced in the field which is based on problems regarding legal matters and existing realities. The results of the research through restorative justice policies, the Indonesian criminal justice system has experienced a paradigm shift from retributive justice to restorative justice, where justice is no longer understood solely as revenge against the perpetrator, but also as a process of restoring social balance and protecting the rights of victims.
Effectiveness of Implementing Restorative Justice in Theft Criminal Acts Based on Utility (Case Study of the Nunukan Police Resort)
This study is entitled "The Effectiveness of Restorative Justice Implementation in Expediency-Based Theft Crimes (A Case Study of the Nunukan Police Resort)". This research is motivated by the increasing application of restorative justice as an alternative to resolving criminal cases, including petty theft crimes, which emphasizes restoring relationships between perpetrators, victims, and the community. This approach is considered to provide more benefits for the parties compared to the conventional criminal justice system that is oriented towards revenge. In the context of the Nunukan Police Resort, the restorative justice approach has been used in several theft cases by considering aspects of humanity and social benefits. The research method used is socio-legal research, an approach that combines normative studies of laws and regulations with empirical analysis of field practices. Data were obtained through a literature review of legal doctrine, laws and regulations, and previous research findings, as well as through interviews and documentation at the Nunukan Police Resort. The analysis was conducted qualitatively by connecting restorative justice theory, Lawrence Friedman's legal system theory, and Satjipto Rahardjo's progressive legal theory. The research results indicate that the application of restorative justice in theft cases at the Nunukan Police Station has been quite effective, especially in cases of minor theft that do not result in significant losses. However, this effectiveness still faces several obstacles, such as limited understanding among law enforcement officers, the lack of uniform procedural standards, and the potential for injustice to victims if the mediation process is not balanced. Nevertheless, a benefit-based restorative justice approach is still considered capable of creating more humane and efficient solutions, and providing broader social benefits for both perpetrators, victims, and the community.
Effectiveness of Rehabilitation Program as an Alternative to Prison for Narcotics Users: a Case Study at the Rehabilitation Institution of the BNNP Jateng
This research examines the effectiveness of rehabilitation programs at the Central Java Provincial National Narcotics Agency (BNNP) as an alternative to imprisonment for drug users, from the perspective of modern criminal law based on the principles of ultimum remedy and humanistic law. Through an empirical legal method with sociological and normative approaches, this study found that the implementation of rehabilitation at the Central Java BNNP is considered effective, as evidenced by the low relapse rate and increased social support for former users. Factors determining success include family support, post-rehabilitation accompaniment, and synergy between agencies. However, the limited availability of professional human resources and local facilities remains a major constraint. Therefore, future need to prioritize rehabilitation as an integral part of the national penal system, which is oriented toward restorative justice and the protection of human rights.
The Ideal Concept of Resolution of Domestic Violence Cases Based on the Values Of Justice
The resolution of domestic violence cases requires a justice-based mechanism that not only punishes the perpetrator but also restores the victim through an integrated protection approach, strengthened roles of law enforcement, and the highly selective use of penal mediation in certain cases while still ensuring the victim's safety and rights. The objective of this research is to analyze the current regulations governing domestic violence crimes and to examine the ideal concept for resolving domestic violence cases based on the value of justice. The methodological approach used in preparing this thesis is normative juridical research, with a descriptive-analytical specification. The results of this study show that the regulation of domestic violence crimes in Indonesia is fundamentally supported by a legal framework established under Law Number 23 of 2004 on the Elimination of Domestic Violence. This law not only regulates various forms of violence—physical, psychological, sexual, and domestic neglect—but also broadens the scope of household relations to include spouses, children, blood relatives living together, and domestic workers, while guaranteeing victims' rights to protection, healthcare services, legal and social assistance, and confidentiality. In terms of law enforcement, the PKDRT Law grants authority to the police, prosecutors, and courts to act swiftly through temporary protection mechanisms, court-issued protection orders, and eased evidentiary standards by recognizing the victim's testimony as a significant means of evidence. The ideal concept for resolving domestic violence cases based on the value of justice requires a legal mechanism that not only punishes perpetrators but also ensures full protection for victims. Case resolution must position victims as protected subjects. Law enforcement officials must thoroughly understand the substance of the PKDRT Law, eliminate patriarchal bias, and reject the practice of terminating legal processes solely due to the withdrawal of complaints in ordinary offenses. The ideal resolution model must strengthen victims' access to medical care, psychological and legal assistance, restitution, and effective protection orders, while also providing space for perpetrator rehabilitation.
Criminal Liability Policy for Perpetrators of the Crime of Handling and Receiving in Future Positive Law
The purpose of this study is to examine the criminal responsibility of the perpetrators of the crime of extortion in the current positive law and examine the criminal responsibility of the perpetrators of the crime of extortion in the future positive law. This type of research is normative legal research with a normative juridical approach. This research is descriptive analytical. The data source of this research uses secondary data sources. Data collection techniques used literature study. Data analysis uses qualitative data analysis. The results of the research show that the criminal liability of the perpetrators of the crime of shoplifting in positive law is currently regulated in Article 480 of the Criminal Code with the penalty of imprisonment for a maximum of four (4) years or a maximum fine of Rp. 900.00, but in Article 3 of the Supreme Court Regulation Number 02 of 2012 concerning Adjustment of the Limitation of Minor Crimes and the Amount of Fines in the Criminal Code where the maximum fine in Article 480-1 of the Criminal Code should read "Rp. 900,000.00.". Criminal liability for the perpetrators of the crime of storing in the future positive law is regulated in Article 591 of Law No. 1 of 2023 concerning the Criminal Code, which is the act of a person who controls, utilizes, or benefits from an object, which is known or reasonably suspected to have originated from a criminal offense. The punishment is imprisonment for a maximum of four (4) years or a maximum fine of category V, namely IDR 500,000,000.
The Urgency of Implementing in Absentia Decisions in Corruption Crimes Based on Legal Certainty
This research aims toto know and analyze the weaknesses of the implementation of in absentia decisions in corruption cases, as well as to analyze the urgency of implementing in absentia decisions in corruption cases based on legal certainty. The type of normative legal research. Based on the research, it is concluded that in absentia decisions in corruption cases, examinationand the decision against the defendant without his physical presence, even though a valid summons had been issued, failure to appear without reason. Examination and decisionThe courts continue to provide legal certainty, provide a deterrent effect, and ensure the recovery of state assets, especially in extraordinary crimes such as corruption, money laundering, and fisheries. The urgency of an in absentia decision regarding the theory of legal certainty, even though the decision is in absentia, is still implemented to realize justice and effective law enforcement against perpetrators of criminal acts who have fled, as well as recover state losses, so that even though the defendant is decided in absentia, the state is not harmed due to the inability to present the defendant in court.
Restorative Justice on the Settlement of Hate Speech Cases Through Social Media Based on Legal Benefits
The crime of hate speech is a crime whose growth in cyberspace is not easy to contain, this is due to the negative behavior of social media users without limits that cannot be contained.The method used in this paper is an empirical approach. Based on the study conducted, it can be seen that implementation of the restorative justice system in hate speech cases in the jurisdiction of the Cimahi City Police has not been implemented effectively, this is indicated by the fact that there has been no resolution of hate speech cases through non-penal channels. Factors that influence the implementation of the restorative justice system in hate speech cases in the jurisdiction of the Cimahi City Police are victims who do not want a restorative justice path, the frequent perpetrators are not committed to the results of the agreement to resolve hate speech cases through restorative justice, and law enforcement who cannot enforce the implementation of legal settlements through restorative justice.
Children's Responsibility in Conflict With the Law
This research aims to provide knowledge and analysis regardingchildren who commit crimes can be held accountable, the legal process for children who come into conflict with the law in the juvenile criminal justice system based on Law No. 11 of 2012, and to find out the child's journey after undergoing the trial process. To thoroughly examine and analyze the issues in this thesis, we employ a methodological approach essential to legal studies and practice. The main focus of this discussion encompasses three fundamental approaches: the statute approach, the case approach, and the conceptual approach. These three approaches were chosen because they offer a comprehensive framework for understanding, interpreting, and resolving complex legal issues, both in theoretical and practical contexts.This research is classified as library research, data is collected by citing, reviewing, and analyzing using content analysis, against representative literature that is relevant to the problem being discussed, then reviewing and concluding it. After conducting a study on this issue, the research resultsshows that, the construction of children in the context of criminal responsibility can be divided into three qualifications, First, children aged 0 to under 12 years, Second, children aged 12 to under 14 years, Third, children aged 14 to under 18 years. In the juvenile justice system there are important points and mechanisms in resolving cases of children who are in conflict with the law and after the child has undergone the trial process and received a decision, the child who has received the decision will be placed in a juvenile correctional institution for guidance.
The Urgency of Reformulation of Lending And Use of Confiscation Objects in Criminal Cases
This study examines the urgency of reformulating the rules regarding the temporary borrowing of confiscated objects in Indonesian criminal procedure law. The background to this research is the lack of regulations governing the mechanism for the temporary borrowing of confiscated objects, thus creating legal uncertainty for both law enforcement officers and the legitimate owners of the goods. This study aims to analyze the regulations on confiscation and borrowing, identify legal and practical issues, and describe the urgency of reformulating the rules on borrowing as part of the renewal of criminal procedure law. The method used is sociological juridical, with primary data consisting of interviews and official documents from law enforcement agencies, as well as secondary data from books, journals, laws, and related legal documents. The analysis was conducted using descriptive qualitative methods to describe field practices and relate them to applicable legal norms. The research findings indicate that current regulations are inadequate and create practical problems, including a lack of legal certainty, transparency, and accountability, as well as the risk of damage or loss of confiscated items. Reformulation of the rules for the use of confiscated objects is considered urgent to ensure legal certainty, protect owner rights, harmonize institutions, and ensure the accountability of law enforcement officials. Implementation of clear regulations is expected to improve the integrity of evidence, prevent misuse, and strengthen public trust in the Indonesian criminal justice system.
Legal Analysis of Judges' Considerations in Handing Down Decisions in Crime Cases of Class I Narcotics Abuse, Case Study at Manado District Court
Indonesia faces a serious threat from the distribution and abuse of narcotics, which impact social stability and national security. Its strategic geographic location makes Indonesia vulnerable as a transit route and primary market for narcotics, particularly highly addictive Class I narcotics. Although regulated by Law Number 35 of 2009 concerning Narcotics, law enforcement still faces obstacles, one of which is disparity in judicial decisions, leading to inconsistent legal implementation. This study analyzes the judges' considerations in handing down verdicts in cases of Class I narcotics abuse at the Manado District Court, examining legal, philosophical, and sociological aspects. The results are expected to contribute to efforts to achieve more proportional, consistent, and equitable sentencing within the framework of national criminal law reform.
Reformulation of Criminal Sanctions for Perpetrators of Online Fraud Based on Justice
The current regulation of criminal sanctions for online fraud perpetrators remains focused on imprisonment and fines without mandating restitution, resulting in the victim's right to recover losses being unfulfilled and creating an imbalance between the interests of perpetrators and victims. This study emphasizes the need to reformulate the ITE Law and related provisions by incorporating restitution as a mandatory additional punishment so that the criminal justice system becomes more equitable, responsive to victims' needs, and aligned with the principles of restorative justice. The purpose of this research is to identify and analyze the current regulation of criminal sanctions for online fraud perpetrators, the weaknesses within these regulations, and the justice-based reformulation of criminal sanctions for online fraud perpetrators. The methodological approach used in the preparation of this thesis is Normative Legal Research. The research specification is descriptive-analytical. The theories employed include the Theory of Punishment, the Legal System Theory, and the Theory of Justice. The findings of this research are: (1) The current regulation of criminal sanctions for online fraud perpetrators remains focused on imprisonment and fines without providing an automatic restitution mechanism for victims, resulting in unfulfilled recovery of losses and an imbalance between the rights of offenders and victims. The DS case at the Bale Bandung District Court demonstrates that the regulatory orientation is still retributive and has not reflected justice nor the objectives of punishment aimed at protecting and restoring society. (2) The weaknesses of the current criminal sanction regulations for online fraud perpetrators appear in the aspects of legal substance, structure, and legal culture, where the ITE Law and the Criminal Code focus solely on imprisonment and fines without mandating restitution and do not regulate the liability of digital platforms. Combined with limited digital investigative capabilities, the absence of obligations for prosecutors and judges to ensure victim recovery, and the low legal literacy of society, the criminal justice system has not been able to provide effective protection for victims of online fraud. (3) Reformulating criminal sanction regulations for online fraud perpetrators based on justice requires changes to the criminal justice system by shifting the orientation of punishment from merely retributive toward restoring victim rights through mandatory restitution. Amending the ITE Law to include restitution as an additional criminal sanction is necessary to create a balanced sense of justice between offenders, victims, and society, while strengthening public confidence in the criminal justice system.
Analysis of the Effectiveness of Criminalization and the Application of Restitution to Victims in Criminal Acts of Embezzlement by Workers (Study of Decision Number 327/Pid.B/2025/PN. Ktp)
Distinction between intent and negligence to prevent overbroad interpretations that violate the principle of legality. This study examines the effectiveness of criminal penalties and the application of restitution in the crime of embezzlement by workers based on Decision Number 327/Pid.B/2025/PN.Ktp. The background of the study indicates that cases of embezzlement by workers are increasing and causing material losses and damaging trust in employment relationships. However, law enforcement is still focused on criminalizing perpetrators without considering the restoration of victims' rights, thus not in line with the principles of social justice Pancasila. Using normative legal research methods, this study examines primary, secondary, and tertiary legal materials to explore relevant legal principles and doctrines. The study found that the sentencing decisions imposed by judges took into account juridical, sociological, and philosophical aspects to achieve substantive justice. However, the system's weaknesses are evident in the unclear provisions regarding restitution for victims, resulting in a retributive orientation of sentencing. From the perspective of Pancasila Justice, sentencing must prioritize a balance between legal certainty, expediency, and justice by providing space for victim recovery, perpetrator development, and the creation of social harmony.
Legal Analysis of the Application of Article 310 Paragraph (4) Of Law No. 22 of 2009 in Cases of Traffic Accidents Resulting in Death (Study of Decision Number 26/Pid.Sus/2025/Pn Pkj)
Article 310 paragraph (4) of Law Number 22 of 2009 concerning Traffic and Road Transportation in cases of traffic accidents resulting in death, with a special study of Decision Number 26/Pid.Sus/2025/PN PKJ. This research uses a normative juridical method with a qualitative and comparative approach. The normative approach is used to examine written legal norms governing traffic crimes. The results of the study show that the application of Article 310 paragraph (4) of Law No. 22 of 2009 in Decision Number 26/Pid.Sus/2025/PN PKJ has fulfilled the element of negligence legally and convincingly based on the trial evidence. The panel of judges upheld the principle of geen straf zonder schuld (no crime without fault) and considered the aspects of humanity and morality in imposing the sentence.
The Effectiveness of Implementing Restorative Justice in Terminating Prosecution of Theft Crimes Based on Legal Certainty
Criminal law enforcement in Indonesia is currently experiencing a paradigm shift from a retributive approach to a more humanistic approach through the concept of restorative justice. The Prosecutor's Office as a law enforcement agency has an important role in implementing the mechanism for terminating prosecution based on restorative justice as regulated in Attorney General Regulation Number 15 of 2020This research aims to find out and analyze effectiveness of implementation restorative justice in terminating the prosecution of the crime of theft at the Tegal Regency District Attorney's Office and how its implementation can realize legal certainty for the parties involved. This research use sempirical juridical method with a qualitative approach. Data were obtained through interviews with prosecutors, relevant law enforcement officers, as well as victims and perpetrators involved in the process. restorative justice, accompanied by a review of relevant legal documents and regulations. The analysis was conducted descriptively, assessing aspects of effectiveness, legal certainty, and fairness for the parties. The results of the study show that the implementation of restorative justice in the theft case at the Tegal District Attorney's Office, the case has been on going quite effective, because it can resolve cases quickly, simply, and cost-effectively, while prioritizing the restoration of relationships between victims and perpetrators. However, there are still obstacles such as a lack of public understanding of the concept of restorative justice and limited technical guidelines for assessing the suitability of cases. Nevertheless, the implementation of restorative justice is still promising. restorative justice stay in line with the principles legal certainty, because it is carried out based on a clear legal basis and transparent mechanisms in accordance with the provisions of the Attorney General's Regulation. Thus, restorative justice in the termination of prosecution of the crime of theft at the Tegal District Attorney's Office, it can be said effective and fulfills the principle of legal certainty, although there is still a need to improve understanding and strengthen technical regulations so that implementation is more optimal.
Reflecting Backrechtsvacuumin the Legal Politics of Protection of Notary Employees as Witnesses When an Action Occurs Forgery of Notary Deeds Carried Out by Notaries
The importance of the position of Notary employees as witnesses has not been balanced with regulations regarding the protection of Notary employees who become witnesses when a Notary deed is problematic due to the error of the Notary or the parties requesting the making of the Notary deed. The type of research in this writing is empirical research. Based on the existing study, it can be understood that the Law of the Republic of Indonesia Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of Notary does not regulate the rights of Notary employees as witnesses in cases arising from defects in the deed caused by the negligence of the Notary or the parties who made the deed of agreement before the Notary. Law of the Republic of Indonesia Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of Notary also does not regulate the legal protection mechanism for Notary employees as witnesses in cases arising from deed defects caused by the negligence of the Notary or the parties who made the deed of agreement before the Notary. done.
Implementation of Restorative Justice in the Investigation Stage of Child Crimes in the Police
The research objectives in this study: 1) to find out and analyze how the application of restorative justice at the stage of investigation of juvenile crimes in the police today; 2) To find out and analyze what are the weaknesses of the application of restorative justice at the stage of investigation of juvenile crimes in the police today. This study uses a normative juridical approach, with a descriptive analytical research method. The data used are primary and secondary data which will be analyzed qualitatively. The research problems are analyzed using the theory of legal objectives, legal protection theory, and restorative justice theory. The results of the study conclude that: 1) The application of restorative justice at the stage of investigation of juvenile crimes in the police is guided by Law Number 11 of 2012 concerning the Juvenile Criminal Justice System and the 2012 Police Regulation concerning Restorative Justice, namely the settlement of juvenile cases outside the criminal court which emphasizes the restoration of the original state by emphasizing the conditions for creating justice and balance for children and their victims; 2). Weaknesses in the application of restorative justice during the investigation stage of juvenile crimes in the police can be classified into legal substance, human resources, family/community, facilities and infrastructure. Diversion and restorative justice in resolving juvenile criminal cases should be applied based on the principle of the best interests of the child, the child's survival and development. The research objectives in this study: 1) to find out and analyze how the application of restorative justice at the stage of investigation of juvenile crimes in the police today; 2) To find out and analyze what are the weaknesses of the application of restorative justice at the stage of investigation of juvenile crimes in the police today. This study uses a normative juridical approach, with a descriptive analytical research method. The data used are primary and secondary data which will be analyzed qualitatively. The research problems are analyzed using the theory of legal objectives, legal protection theory, and restorative justice theory. The results of the study conclude that: 1) The application of restorative justice at the stage of investigation of juvenile crimes in the police is guided by Law Number 11 of 2012 concerning the Juvenile Criminal Justice System and the 2012 Police Regulation concerning Restorative Justice, namely the settlement of juvenile cases outside the criminal court which emphasizes the restoration of the original state by emphasizing the conditions for creating justice and balance for children and their victims; 2). Weaknesses in the application of restorative justice during the investigation stage of juvenile crimes in the police can be classified into legal substance, human resources, family/community, facilities and infrastructure. Diversion and restorative justice in resolving juvenile criminal cases should be applied based on the principle of the best interests of the child, the child's survival and development.
Legal Analysis of Termination of Prosecution by the Prosecutor Through Restorative Justice (Case Study of Attempted Theft Under Article 362 of the Kuhp in Conjunction with Article 53 of the KUHP at the District Prosecutor's Office of South Ogan Komering Ulu)
This study aims to determine the role of prosecutors in law enforcement not always making prosecution efforts through court mechanisms, but prosecutors also act as facilitators in efforts to stop prosecution through restorative justice, namely resolving criminal cases by involving perpetrators, victims, families of perpetrators/victims, and other related parties to jointly seek a fair solution by emphasizing restoration to the original state, and not revenge. This method is carried out through a normative juridical approach with research specifications used analytical descriptive research because it only describes the object that is the problem which then analyzes which in this case is regarding attempted theft which was carried out by stopping prosecution through restorative justice at the South OKU District Attorney's Office which in this case is guided by the Republic of Indonesia Prosecutor's Regulation Number 15 of 2020 Concerning Termination of Prosecution Based on Restorative Justice. The results of this study show that prosecutors with the principle of dominus litis inherent in their authority can make efforts to stop prosecution through restorative justice for the sake of legal interests by considering the subject, object, category of threat of criminal acts, background to the occurrence of criminal acts, losses or consequences arising from criminal acts, restoration to the original state and the existence of peace between the victim and the suspect and so on.
Regulation of the Prosecutor's Authority in Recovering State Financial Losses Through Civil Suits Based on Legal Certainty
This research is motivated by the persistently high level of state financial losses due to abuse of authority, negligence, and corruption, which cannot all be recovered through criminal channels. In this context, the Attorney General's Office (AGO) has strategic authority through civil lawsuits to represent the state in recovering assets and optimally recovering state losses. This research aims to analyze the regulations governing the AGO's authority, identify emerging obstacles, and formulate a legal certainty-based strategy to optimize the recovery of state losses through civil lawsuits. This study uses a normative juridical legal research method, namely research that examines primary, secondary, and tertiary legal materials through a statute approach, a conceptual approach, and a case approach. The analysis was conducted on regulations governing the authority of the Prosecutor's Office, such as the Prosecutor's Office Law, the State Treasury Law, the Corruption Law, the Attorney General's Regulations, and various court decisions related to state civil lawsuits. Data were obtained through a literature review and analyzed qualitatively to assess the suitability between applicable norms and the practice of recovering state losses. The research results show that the regulations regarding the Attorney General's authority in civil lawsuits are quite clear, but there are shortcomings in the execution of decisions, asset tracking, and inter-agency coordination. Technical obstacles such as a lack of documentation, the complexity of evidence, and limited human resources at the Attorney General's Office (JPN) are significant obstacles. Optimizing the recovery of state losses requires strengthening regulations, increasing the capacity of State Attorneys and Attorneys, digitizing the asset tracking system, and establishing a legal certainty-based asset recovery unit to ensure the civil lawsuit process runs effectively and provides adequate legal protection.
Protection of Children as Perpetrators in Criminal Acts of Narcotics Abuse: a Case Study at the Pasuruan District Prosecutor's Office
This study examines legal protection for children as perpetrators of drug abuse crimes at the Pasuruan District Attorney's Office. Children are viewed as a vulnerable group requiring special treatment in the criminal justice system. The study employed an empirical juridical approach with primary data through interviews and secondary data from laws and regulations and academic literature. The results indicate that legal protection is provided through diversion and rehabilitation, particularly for cases with little evidence. The main obstacles include limited legal norms (a criminal sentence of more than seven years limits diversion), a lack of rehabilitation facilities, and a repressive paradigm of the authorities. The solutions adopted are inter-institutional coordination, the implementation of restorative justice, and strengthening the role of the community. Going forward, regulatory reforms, increased capacity of officials, and child rehabilitation facilities are needed so that legal protection is more preventive, rehabilitative, and restorative in accordance with the principle of the best interest of the child.
The Role of the Police in Combating the Criminal Act of Theft with Justice-Based Aggregation
From various news reports in the mass media, both electronic and print media, news about theft, especially theft with violence attracts attention, disturbs the sense of security and raises questions in the community about what the government, especially the security forces, have done to suppress this crime of theft with violence. The Indonesian National Police (POLRI) is the only agency given authority and responsibility by law, to each POLRI member individually without differentiating rank and position is given full authority to enforce the law as an effort to prevent and take legal action against all criminal acts. As a unit in criminal policy and in essence is an integral part of social policy with the main objective of providing protection to the community in order to achieve shared prosperity. In relation to the above matters, Regarding the author's aim in studying this discussion, namely to find out, to analyze the role of the police in dealing with the crime of aggravated theft at the Bintan Police and the weaknesses of the police role in dealing with the crime of aggravated theft at the Bintan Police. This research method usesThe approach used is a Qualitative Approach. The main focus is to analyze the law in a social or practical context (law in action), not just legal texts (law in books). The nature of this research is Descriptive Analytical, namely describing in depth how the role of the Police is implemented in the practice of handling cases of Aggravated Theft (Curat), especially those related to discretion and the application of Restorative Justice, then analyzing the empirical data with a normative legal framework and theory. The research results show that: 1. The Bintan Police Department plays a dual role, namely as a Law Enforcer (carrying out pro justitia functions in accordance with the Criminal Procedure Code) and as a Restorative Justice Facilitator (prioritizing mediation). The application of Restorative Justice (RJ) in the crime of Aggravated Theft (Curat) is selective and discretionary; generally it can only be applied in cases of Curat where the loss is relatively minor, there is a kinship relationship between the victim and the perpetrator, and the perpetrator is not a professional recidivist. The implementation of RJ is based on internal Police Regulations (Perpol), which permit police discretion, but its implementation is highly dependent on a sincere peace agreement between the Victim and the Perpetrator. 2. Normatively, Curat is an ordinary crime and is classified as a serious (heavy) crime by law, so it is often considered not to meet the absolute requirements for RJ, which requires approval from the leadership and strict consideration. Limited specialized training for investigators/investigators in effective mediation techniques and the philosophy of restorative justice in depth, the persistence of doubt or distrust from victims and the community towards the RJ process, because they believe that theft must be punished as severely as possible. The pressure of case resolution (achievement targets) and potential legal risks (counterclaims) for investigators who apply inappropriate RJ discretion.
Analysis Of Criminal Responsibility In Cases Of Possession Or Control Of Narcotics Study Of Decision Number 22/Pid.Sus/2025/PN Pso.
Particularly in sentencing, which does not reflect substantive justice. This study analyzes Decision Number 22/Pid.Sus/2025/PN Pso against defendant Piter Tanjaya, who was sentenced to five years in prison and a fine of Rp800,000,000 for possession of 1.0742 grams of methamphetamine. The results show that the application of the law is more repressive than rehabilitative, thus being less in line with the principles of justice and humanity. Reformulation of drug sentencing policies is needed to make them more proportional and oriented towards social recovery.
Legal Responsibility for Perpetrators of Theft at Night (Study of Decision Number 17/Pid.B/2025/PN Tpg) Fredyando Ms
The crime of theft at night is a form of aggravated theft as regulated in Article 363 paragraph (1) 3 of the Criminal Code, because it is committed when the victim is in a vulnerable condition. This study aims to analyze the construction of the crime of theft at night from the perspective of legal certainty and the legal responsibility of the perpetrator in Decision Number 17/Pid.B/2025/PN Tpg. The method used is normative juridical with a statutory and case approach. The results of the study show that legal certainty is reflected in clear aggravating elements, consistent evidentiary procedures, and substantive considerations related to justice. The court's decision emphasizes the principles of legality and culpability, and imposes penalties by taking into account aggravating and mitigating factors, thus providing a balance between legal certainty, justice, and expediency.
Legal Review of Investigations into the Criminal Act of Theft with Aggrevability Based on the Values of Justice (Case Study Number: Lp/08/Iv/2025/Kaltim/Reskubar/Sekmelak)
The criminal act of theft is a form of social deviance that threatens public order, including theft cases that occurred during flooding in Melak, West Kutai, which illustrates how emergency conditions can increase vulnerability to crime. The purpose of this research is to identify and analyze the investigative process of aggravated theft and to examine the weaknesses in the implementation of investigations into such offenses. The methodological approach used in this thesis is empirical juridical research. The specification of this study is descriptive-analytical. The theories employed include the theory of Pancasila justice and the legal system theory. The findings of this research show that the investigative process in the aggravated theft case LP/08/IV/2025, originating from the loss of a Honda Mobilio wheel and tire belonging to Marlina Damayanti while the vehicle was parked on Aji Tulur Jejangkat (ATJ) Street due to flooding around her home, and later discovered to have been taken by Achmad Jahrani to replace his punctured tire—has essentially contained the element of legal certainty through the implementation of KUHAP procedures, National Police Regulation (Perkap) No. 6 of 2019, the evidence of elements under Article 363 of the Criminal Code, as well as the formal and material completeness of the case file. However, the process has not fully embodied the value of justice because investigators did not utilize the restorative justice mechanisms provided under the Perkap and Perpol, even though the case met both material and formal requirements for resolution through penal mediation, considering the relatively small loss, the absence of violence, the offender's non-recidivist status, and the fact that the act occurred during an emergency flood situation. Weaknesses in the investigation of aggravated theft at the Melak Police Sector stem from the lack of synergy among legal substance, legal structure, and legal culture, which has hindered the optimal functioning of law enforcement. The restorative justice provisions, which exist only as internal regulations, create hesitation among investigators to implement them. These challenges are compounded by limited personnel, facilities, and budgeting, while the legal culture of law enforcement officers, who are not yet fully professional, and a community legal culture are characterized by passivity and reluctance to report or provide statements further slow the case-disclosure process. As a result, the investigation failed to incorporate a restorative approach that would have been relevant to a theft case involving minor losses and occurring within specific social conditions such as a natural disaster.
Effectiveness of Protection of the Rights of Child Victims of Sexual Crimes Through Restitution in Criminal Decisions (Study Of Decision Number 1/Pid.Sus/2024/Pn Msh)
This study examines the application of restitution for child victims of sexual crimes in Decision Number 1/Pid.Sus/2024/PN Msh, identifies obstacles and factors causing ineffectiveness, and formulates improvements to enhance the effectiveness of child rights protection through restitution in Indonesia. The research method used is normative-qualitative with a decision study approach, interviews, and legal literature. The results show that although the defendant was sentenced to imprisonment and a fine, the verdict has not effectively accommodated restitution for the victim. The main obstacles include unclear legal mechanisms, limited resources and coordination of law enforcement officers, psychological trauma of victims, family economic dependence, and minimal participation of children in the legal process. To improve the effectiveness of restitution, the study recommends the development of technical guidelines for restitution, the establishment of restitution units in the prosecutor's office and courts, increased budgets for victim recovery, proactive training of law enforcement officers, strengthening legal and psychological assistance for victims, and the use of a digital-based monitoring system. The implementation of these recommendations is expected to strengthen the protection of the rights of child victims of sexual crimes and uphold restorative justice comprehensively.
Legal Analysis Related to the Role of the Maritime Court in Resolving the Problem of Legal Violations in the Shipping Sector
The role of the Maritime Court as an institution that handles legal violations in the shipping sector is important, but its implementation still faces various regulatory obstacles and legal weaknesses. The lack of clarity regarding the authority of the Maritime Court in imposing civil and criminal sanctions has resulted in suboptimal enforcement of maritime law. Therefore, this study aims to analyze the regulation of the role of the Maritime Court and identify weaknesses and solutions that can strengthen regulations in handling legal violations in the shipping sector. This study uses a non-doctrinal legal research type with a socio-legal juridical approach, which views law as a symbolic meaning in social interactions and explores it through empirical interviews and literature studies. Data were obtained from primary sources through interviews with related parties such as the Ministry of Transportation, the Maritime Court, academics, and NGOs, as well as from secondary sources in the form of primary, secondary, and tertiary legal materials. Data analysis was carried out qualitatively through a process of coding, classification, interpretation, and validation, paying attention to aspects of credibility, transferability, dependability, and confirmability to ensure the validity of the research results. The research results show that the role of the Maritime Court is regulated in Law Number 17 of 2008 and Government Regulation Number 9 of 2019, but still has weaknesses in law enforcement authority. There are no regulations regarding civil or criminal sanctions for parties who negligently or intentionally cause ship accidents, and there is no clear obligation to resolve cases through the Maritime Court first. Therefore, it is necessary to strengthen regulations and establish representatives of the Maritime Court in the regions to ensure more effective enforcement of maritime law.
Effectiveness of Supervision by the Foreigners Supervision Team (Timpora) in Handling Immigration Violations in the Working Area of the Class I Special Immigration Office Tpi Semarang
Supervision of foreigners is a strategic part of immigration law enforcement to maintain state sovereignty, national security, and public order. This study analyzes the effectiveness of supervision by the Foreigner Supervision Team (TIMPORA) in handling immigration violations in the working area of the Semarang Class I Special Immigration Office TPI, while identifying obstacles and solutions for improvement. The research method uses a juridical-empirical approach with qualitative descriptive specifications through literature studies and in-depth interviews. The results show that TIMPORA supervision is quite effective, marked by increased cross-agency coordination, the intensity of field operations, and the implementation of administrative immigration measures (detention, deportation, deterrence). However, effectiveness is not optimal due to limited human resources and budget, disharmony of sectoral regulations, lack of integration of data between agencies, and low public and business awareness in reporting the presence of foreigners. Based on Soerjono Soekanto's theory of legal effectiveness and Lawrence M. Friedman's theory of legal systems, obstacles primarily lie in the elements of legal structure and culture. Strengthening coordination, modernizing digital surveillance systems, increasing officer capacity, and providing public legal education are needed to make immigration surveillance more preventative, integrated, and equitable.
Legal Protection for Land Rights Owners Destroyed in the Semarang Demak Toll Road Land Acquisition
The National Strategic Project (PSN) is a government initiative to increase economic growth and equitable development, with the aim of improving welfare and development in the regions. One of the PSN land acquisition processes that is currently in the spotlight is the Semarang-Demak Toll Road Project. In land acquisition on the Semarang Demak Toll Road, there are lands that are indicated to be destroyed. The purpose of this study is to determine and understand and analyze legal protection for land owners whose lands are destroyed due to the Semarang Demak Toll Road Land Acquisition, the mechanism for providing spiritual funds and to identify obstacles and solutions in the Semarang Demak Toll Road Land Acquisition. This research approach falls within the empirical legal research category. 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 that legal protection for land owners whose land was destroyed due to the Semarang Demak Toll Road Land Acquisitionnamely: treatment as an object of land acquisition, the right to fair and adequate compensation. certainty of the legal status of the land. The stages of the mechanism for providing spiritual funds are team formation and validation, preparation and announcement of the list, filing objections, calculation of the amount of assistance. provision of funds, data storage. Land acquisition for the Semarang-Demak Toll Road National Strategic Project (PSN) faces a number of complex obstacles, especially because most of the project's route is in coastal areas that are vulnerable to rob (sea flooding) and abrasion. The solutions implemented involve formal legal approaches, social negotiations, and special compensation mechanisms.
Legal Analysis of the Just Sentencing of Aggravated Theft Perpetrators in the Scope of a House Yard: A Study of Decision Number 42/Pid.B/2024/PN Mgg
The history of Indonesian criminal law is rooted in colonialism and still relies on the Criminal Code as the basis for regulating social life. However, sentencing often places more emphasis on formal legal certainty than on substantive justice. A study of Decision Number 42/Pid.B/2024/PN Mgg concerning aggravated theft in a yard shows that although the elements of the crime are met, humanitarian aspects such as the defendant's socio-economic condition and the victim's minimal losses are under-appreciated. This raises questions about the relevance of implementing restorative justice in criminal justice practice. This study aims to analyze whether the decision reflects both formal and substantive justice and proposes a more humane, reconciliation-based, and social recovery-oriented sentencing concept.
Legal Analysis of the Role of the Prosecutor in Efforts to Enforce the Law on the Return of State Finances from Criminal Acts of Corruption Committed by the Defendant
In the process of returning state funds from the proceeds of corruption, the Prosecutor's Office has an obligation to return the state's financial losses through replacement money as regulated in Article 18 of Law Number 20 of 2001 concerning the Eradication of Criminal Acts of Corruption. The approach method used is normative juridical, which is a method in normative legal research using primary sources of secondary data or library materials. Secondary data in legal research is data obtained from the results of literature reviews or reviews of various literature or library materials related to the problem or research material which is often called legal materials. Data collection methods are through library research, document studies, and using descriptive data analysis methods. Problems are analyzed using the theory of Law Enforcement and the theory of Legal Certainty. The results of the study show that the role of the prosecutor's office in law enforcement efforts to return state finances from criminal acts of corruption committed by defendants can be implemented in two ways, namely by returning state finances through criminal channels, including: Tracing assets / wealth, Freezing assets, confiscation, Execution in order to return state financial losses, Confiscation of assets belonging to the defendant and Returning state financial losses due to criminal acts of corruption through civil channels are contained in the provisions of Article 32 paragraph (1), (2), Article 33 and Article 34 of Law Number 31 of 1999 as amended and supplemented by Law Number 20 of 2001 concerning the Eradication of Criminal Acts of Corruption and the implementation of returning state financial losses from criminal acts of corruption through an asset recovery agency provides a greater chance of success in its success because the internal regulations of the prosecutor's office and presidential regulations provide the authority to trace, confiscate and return assets obtained from criminal acts and other assets to the state, victims or those entitled.
Legal Analysis of Water and Air Police in Maintaining Public Security and Law Enforcement in The West Java Regional Police
This study aims to analyze the legal role of the West Java Regional Police's Water and Air Police (Polairud) in maintaining public security and enforcing law in water and airspace. The focus of this research covers the authority, duties, and operational mechanisms of Polairud, as part of the Indonesian National Police, in maintaining maritime security and enforcing national law within its jurisdiction. The research method used was normative juridical, supported by empirical data through field observations and interviews with personnel from the West Java Regional Police's Water Police (Polairud). The results indicate that Polairud plays a crucial role in preventing and combating crimes in waters such as illegal fishing, smuggling, and maritime accidents. However, its implementation remains hampered by limited infrastructure, human resources, and coordination between relevant institutions. In conclusion, the effectiveness of Polairud's duties in maintaining security and enforcing the law can be improved through strengthened inter-agency cooperation, improved operational facilities, and ongoing legal training for personnel. This research is expected to contribute to the development of maritime law enforcement policies and support the realization of national maritime security.
Legal Analysis Related to Legal Certainty in the Criminal Conspiracy in Law Number 20 Of 2001
In its development, law enforcement in the act of conspiracy in corruption crimes is very difficult to do this because the standard definition and elements of criminal acts of conspiracy in corruption issues are not clearly regulated. This writing aims to analyze and understand the construction of conspiracy in corruption crimes in Indonesia. To analyze and understand the weaknesses of the law in cases of conspiracy in corruption crimes. To analyze and understand the reconstruction of conspiracy in corruption crimes based on progressive law. The type of research in this writing is sociological juridical. Based on the research conducted, it was found that the implementation of law enforcement in cases of conspiracy related to corruption is currently not fair, this is due to the unclear elements in criminal acts of conspiracy in corruption cases so that existing law enforcement is based on political interests, where the authorities will be able to find a way out of the trap of Article 15 of Law Number 31 of 1999 Jo. Law Number 20 of 2001 concerning the Eradication of Criminal Acts of Corruption, while parties who do not have the authority of power will not be able to escape the trap of Article 15 of Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 concerning the Eradication of Criminal Acts of Corruption.
The Effectiveness of Implementing Restorative Justice in Settlement of Fraud and Embezzlement Cases Based on Legal Benefits (Case Study of Metro Jaya Regional Police)
The application of restorative justice in handling fraud and embezzlement cases involving suspects KK and AJ with PT. P, related to an advertising cooperation agreement, serves as a concrete example of restorative justice implementation at the investigation stage, where both parties reached an amicable settlement after the suspects agreed to fully compensate the victim's losses. The purpose of this research is to examine the implementation of restorative justice in resolving fraud and involvement cases by highlighting its procedural stages, identifying obstacles faced by law enforcement officers, and proposing applicable solutions. This study also aims to assess the effectiveness of restorative justice based on the principle of legal utility. The research adopts asociological juridical approach. The results of this study show that: The implementation of restorative justice in fraud and involvement cases at the Jakarta Metropolitan Police begins with report filing, investigation, and inquiry to ensure the fulfillment of criminal elements, followed by an assessment of eligibility for restorative resolution under Police Regulation No. 8 of 2021. Internal obstacles include limited investigative authority after case completion (P21) and the absence of clear technical or procedural guidelines within the police institution, while external obstacles involve victims' psychological unpreparedness for mediation, distrust toward the offender or authorities, and lengthy bureaucratic approval processes. The implementation of restorative justice in resolving fraud and embezzlement cases at the Jakarta Metropolitan Police remains ineffective due to legal weaknesses that rely solely on internal police regulations without explicit recognition in the Criminal Procedure Code (KUHAP). Moreover, law enforcement officers often lack mediation skills, and societal retributive culture and stigmatization of offenders hinder its acceptance. Nevertheless, the available facilities and infrastructure at the Jakarta Metropolitan Police are relatively adequate.
Effectiveness of Legal Protection For Children As Witnesses In Cases of Sexual Violence (Case Study of Pati Police)
This study aims to identify and analyze the regulations on the protection of children as witnesses in cases of sexual violence in Pati Regency. It also aims to identify and analyze weaknesses and solutions in the implementation of child protection as witnesses in cases of sexual violence in Pati Regency. The type of legal research used is empirical juridical. In this non-doctrinal legal research, law is conceptualized sociologically as an empirical phenomenon that can be observed in life. Substantively, law is seen as a social force that is empirical in nature, but which is seen legally and works for the actual behavior of citizens. The research theories used are Socrates' Theory of Legal Protection, Lawrence M. Friedman's Theory of Legal Systems, and Satjipto Rahardjo's Progressive Theory of Law. Based on the research results, it is known that the protection of children as witnesses in cases of sexual violence in Pati Regency has been regulated by law, but many children still become victims of threats during the legal process, as stated by the Director of the National Advocacy Legal Aid Institute Pati, Maskuri Alfaty. The weaknesses of this protection include the inability of Law Number 31 of 2014 concerning Witness and Victim Protection to act without a complaint, the lack of sensitivity of law enforcement officers to the emotional needs of children, inadequate child-friendly courtroom facilities, and a lack of public understanding of children's rights and witness protection mechanisms. Suggested solutions include the creation of specific guidelines for law enforcement officers, the use of technology to reduce the physical presence of children in court, and guarantees of confidentiality of children's identities. Going forward, the effectiveness of legal protection needs to be directed at reforming the legal system that is oriented towards humanity and substantive justice, where law enforcement officers prioritize the values of empathy and the best interests of children.
Effectiveness of Law Enforcement Through Electronic Ticketing and Manual Tickets on the Level of Public Compliance in Traffic
This study aims to analyze the effectiveness of law enforcement through Electronic Traffic Law Enforcement (ETLE) and manual ticketing on the level of public compliance with traffic regulations in the Semarang City Police jurisdiction. This study uses an empirical legal approach (socio-legal) with quantitative methods supported by qualitative data (mixed methods). Primary data were obtained through interviews with Semarang City Police officers and road users, as well as field observations at ETLE and manual ticketing points. Secondary data were collected from laws and regulations, policy documents, and academic literature. The results show that the implementation of ETLE in Semarang significantly reduced traffic violations and increased public legal awareness. ETLE effectively minimized extortion and increased transparency of law enforcement, although limited infrastructure and lack of socialization remain challenges. Manual ticketing still has educational value due to direct interaction with violators, but is more vulnerable to abuse. Factors influencing the effectiveness of both systems include legal awareness, policy socialization, enforcement consistency, and socio-cultural conditions. Overall, an optimal combination of ETLE and manual ticketing can create a fairer, more effective, and more sustainable traffic law enforcement system to support orders and safety on the roads. This study aims to analyze the effectiveness of law enforcement through Electronic Traffic Law Enforcement (ETLE) and manual ticketing on the level of public compliance with traffic regulations in the Semarang City Police jurisdiction. This study uses an empirical legal approach (socio-legal) with quantitative methods supported by qualitative data (mixed methods). Primary data were obtained through interviews with Semarang City Police officers and road users, as well as field observations at ETLE and manual ticketing points. Secondary data were collected from laws and regulations, policy documents, and academic literature. The results show that the implementation of ETLE in Semarang significantly reduced traffic violations and increased public legal awareness. ETLE effectively minimized extortion and increased transparency of law enforcement, although limited infrastructure and lack of socialization remain challenges. Manual ticketing still has educational value due to direct interaction with violators, but is more vulnerable to abuse. Factors influencing the effectiveness of both systems include legal awareness, policy socialization, enforcement consistency, and socio-cultural conditions. Overall, an optimal combination of ETLE and manual ticketing can create a fairer, more effective, and more sustainable traffic law enforcement system to support orders and safety on the roads.
Disparity In Law Enforcement in the Application of Minimum Criminal Penalties to Perpetrators of Narcotics Crimes (Case Study in the Jurisdiction of Huluh Sungai Tengah Regency)
This study aims to identify and analyze the main causes of the discrepancy between the minimum criminal charges imposed by the Public Prosecutor at the Hulu Sungai Tengah District Attorney's Office, which are guided by Law Number 35 of 2009 concerning Narcotics and Regulation of the Attorney General of the Republic of Indonesia Number 24 of 2021 concerning Handling of General Criminal Cases, and the Supreme Court's cassation decision, which actually imposes a sentence below the minimum limit. This study also examines and analyzes the disparity between court decisions and the Narcotics Law, which affects the effectiveness of law enforcement against narcotics crimes at the Hulu Sungai Tengah District Attorney's Office. This study uses a qualitative approach with an empirical juridical method. Based on the research, it is concluded that the disparity between the minimum criminal charges imposed by the Public Prosecutor and the Supreme Court's cassation decision is mainly caused by differences in perspective: prosecutors are bound by normative obligations based on the Narcotics Law and Regulation 24/2021, while judges use their independence to emphasize substantive justice, legal facts, the defendant's condition, and humanitarian principles. These differing approaches create uncertainty in the application of narcotics laws and highlight the gap between the law on paper and the law in action. At the Hulu Sungai Tengah District Attorney's Office, the disparity between cassation decisions imposing sentences below the minimum limit and prosecutors' obligations to prosecute according to the minimum limit has implications for the effectiveness of law enforcement. The tension between legal certainty and substantive justice creates a lack of synchronization in the implementation of norms and has the potential to shift the strategic role of prosecutors as guardians of legal certainty. Therefore, affirmation of the application of minimum sentences is necessary to ensure consistency, certainty, and effectiveness in law enforcement that is just and oriented toward the public interest.
The Effectiveness of Non-Criminal Law Enforcement Approaches to Food Product Labeling Violations
This study aims to analyze the implementation of non-criminal law enforcement by the Salatiga City Trade Office in handling food product labeling violations. This study uses a juridical-empirical method with a qualitative approach, analyzing primary data in the field and secondary data. The analysis of the findings is framed by three theoretical pillars: Consumer Protection Theory, Progressive Legal Theory, and Legal Effectiveness Theory. The results show that the Salatiga City Trade Office applies a progressive and development-oriented non-criminal approach, prioritizing socialization and persuasive warnings before administrative sanctions. This approach is considered quite effective in consumer protection due to its rapid response and corrective actions, and creates a significant deterrent effect through reputational losses due to the publication of violations. Recommendations for optimization include: increasing capacity and cross-sector collaboration, implementing a tiered and progressive sanction system, and utilizing technology for real-time reporting and consumer education centers.
Integration of Pancasila Values in Criminal Law Reform: A Contextual Approach
The reform of Indonesia's criminal law must be deeply rooted in the nation's foundational values, namely Pancasila. Historically, the national penal system has been largely influenced by legal positivism, emphasizing formal legal certainty while neglecting substantive justice and culturally embedded values within Indonesian society. This study highlights the urgency of integrating Pancasila's principles into criminal law reform, promoting a system that is not only repressive but also just and contextually relevant. Using a juridical-normative approach with a descriptive-analytical method, this research explores the alignment between criminal law reform and Pancasila as the highest legal value source in Indonesia. The findings suggest that core consensus principles such as just and civilized humanity, social justice, and deliberative resonate strongly with the ideals of restorative justice and rehabilitative approaches that are increasingly prominent in the modern criminal justice discourse. Nonetheless, the primary challenge lies in operationalizing these values into concrete, enforceable legal norms. Therefore, integrating Pancasila into criminal law reform requires a contextual approach that respects social pluralism, criminal dynamics, and evolving public needs. In conclusion, Indonesian criminal law reform should move toward a legal system that not only punishes but also educates and restores—reflecting the philosophical essence of Pancasila as the ideological compass of the nation.
The Urgency of Criminal Accountability for Minors Involved in Traffic Accidents Based on Justice
This study aims to analyze the urgency of criminal liability for minors involved in traffic accidents based on the principle of justice. The phenomenon of child accidents demonstrates the complexity of the law, as a child's age influences their capacity to be criminally responsible. This study emphasizes the need for a legal approach that takes into account the child's age, level of understanding, and abilities, so that the law is not only repressive but also educational and rehabilitative. Furthermore, this research examines the weaknesses and challenges faced by law enforcement officials in determining the criminal responsibility of children. Many cases demonstrate unclear procedures, limited rehabilitation facilities, and minimal psychological support. A justice-based approach is needed to ensure that the juvenile justice process balances the protection of children's rights with the restoration of victims' rights. The research results show that the urgency of justice-based criminal accountability emphasizes educational, preventive, rehabilitative, and restorative aspects. Children who experience a justice-based legal process can understand mistakes, learn responsibility, and internalize legal norms. Thus, the implementation of justice-based criminal accountability supports the development of a legally aware and responsible generation.
The Role of the Police in Combating Human Trafficking Crimes Based on Legal Certainty
This study aims to analyze the role of the police in combating the crime of human trafficking (TPPO) against non-procedural Indonesian Migrant Workers (PMI) in the border area of Batam City, Riau Islands, identify weaknesses in this role, and assess the application of the principle of legal certainty in the law enforcement process. The study uses a socio-legal method with a normative and empirical approach through the study of legislation, analysis of court decisions, and interviews with investigators from the Riau Islands Regional Police, BP2MI Batam, Immigration, and victim support agencies. The results show that the police have implemented preventive efforts through sea patrols and monitoring entry and exit routes, as well as repressive efforts in the form of investigations and inquiries into TIP networks. However, several obstacles still arise, such as difficulties in proving elements of exploitation, overlapping authority between agencies, limited means of border area surveillance, and suboptimal legal protection and recovery for victims. This study recommends strengthening the regulatory framework, increasing the capacity of investigators, and strengthening cross-agency coordination to realize effective TIP prevention based on legal certainty.
Legal Analysis of the Application of Criminal Sanctions Against Perpetrators of the Criminal Acts of Obstruction of Justice
The act of obstructing the judicial process or (obstruction of justice) is an act of a person who obstructs the legal process, because this obstructing act is an unlawful act which is clearly breaking through and opposing law enforcement. The act of obstructing the legal process is a criminal act because it clearly hinders law enforcement and damages the image of law enforcement agencies. In the Criminal Code, this act is regulated in Articles 216-222 of the Criminal Code which stipulate that the actions of parties who obstruct the legal process can be punished. Specifically, Article 221 paragraph (1) number 1 of the Criminal Code states that anyone who commits an act of obstructing the legal process shall be punished and threatened with a maximum imprisonment of nine months. Regarding the author's purpose in reviewing this discussion, namely to find out, understand, and analyze the application of criminal sanctions against perpetrators of the crime of Obstruction of Justice in the DKI High Court Decision Case Number 65 / Pid.Sus / 2023 / PT DKI. And the Judge's Considerations in Imposing Criminal Sanctions Against Perpetrators of the Crime of Obstruction of Justice in the DKI High Court Decision Case Number 65/Pid.Sus/2023/PT DKI. This research method is a type of normative research. Normative legal research is studying laws conceptualized as norms or rules that apply in society, and become a reference for everyone's behavior. Or with the term normative juridical because in legal research must also examine its legal basis. Normative legal research or literature includes: Research on legal principles, Research on legal systematics, Juridical Review Of The Implementation Of Criminal Sanctions Against Performers Of The Criminal Act Of Obstruction Of Justice 2 Comparative law, Legal history, Research on the level of vertical and horizontal synchronization. The responsibility for criminal sanctions against perpetrators of the Criminal Act of Obstruction Of Justice in the DKI High Court Decision Case Number 65 / Pid.Sus / 2023 / PT DKI which is carried out jointly is based on elements of criminal responsibility such as the existence of a criminal act committed in violation of the law, there is an element of error in the form of dolus intent or negligence culpa, the existence of a maker who is capable of being responsible, and there is no excuse. The criminal responsibility of perpetrators of the crime of obstruction of justice which is carried out jointly must take into account the role of each perpetrator, whether the perpetrator, the person who ordered the act, the person who helped to commit it, and the person who encouraged the act. The research results show that: 1.The responsibility for criminal sanctions against the perpetrators of the Crime of Obstruction of Justice in the DKI High Court Decision Case Number 65/Pid.Sus/2023/PT DKI which is carried out jointly is based on the elements of criminal responsibility such as the existence of a crime committed in violation of the law, there is an element of error in the form of dolus intent or negligence culpa, there is a maker who is capable of being responsible, and there is no reason for forgiveness. The criminal responsibility of the perpetrators of the Crime of Obstruction of Justice which is carried out jointly must pay attention to the role of each perpetrator, whether the maker, the person who ordered it to be done, the person who helped to do it, and the person who encouraged it to be done.. 2.Defendant Hendra Kurniawan was named in an obstruction of justice case for allegedly diverting attention from the death of Brigadier Nofriansyah Yosua Hutabarat at the official residence of former Head of the National Police's Propam Division, Ferdy Sambo. Hendra, the former Head of the National Police's Internal Affairs Bureau, had followed Sambo's orders to handle the case internally.
Effectiveness of Implementation of Minors' Guidance Program in Cases of Criminal Acts Due to Juvenile Delinquency Based on Justice
This study aims to analyze the effectiveness of the implementation of a juvenile delinquency program in Indonesia. The focus of the study includes program implementation in accordance with applicable regulations and guidelines, as well as factors that support and hinder program success. This study used a descriptive qualitative approach, using literature studies and interviews with relevant parties, such as counseling officers, social workers, and children participating in the program. The research results indicate that the implementation of the juvenile development program adheres to the rehabilitative and restorative principles stipulated in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. Supporting factors for the program's success include family involvement, community support, professional guidance, and adequate facilities. Meanwhile, obstacles encountered include limited professional staff, budget, facilities, and the child's negative social environment. In conclusion, child development programs are effective when implemented in an integrated manner, supported by various parties and with ongoing monitoring of children's development. This study recommends improved cross-agency coordination, additional professional staff, development facilities, and active family and community participation to strengthen program effectiveness.
The Role of the Police in Handling Crimes of Physical Violence Committed by Students (Case Study of Pati Police)
This study aims to analyze and describe the role of the police in overcoming criminal acts of physical violence committed by students in Pati Regency, describe weaknesses in overcoming criminal acts of physical violence committed by students and find solutions to address the role of the police in overcoming criminal acts of physical violence committed by students in the future. The method used in this research is the Juridical Sociological method. The problem is analyzed using the Theory of Authority according to Ateng Syarifudin, the Theory of Legal Systems according to Lawrence M. Friedman, and the Theory of Legal Countermeasures according to Barda Nawawi. The results of this study are: 1) The form of optimizing the role of the police in dealing with physical violence crimes committed by students in Pati Regency aims to create a safe, orderly, and violence-free educational environment. The police play an important role in preventive efforts (prevention) through legal counseling, guidance for students, and cooperation with schools and education offices; repressive (law enforcement) through investigations, inquiries, and action against perpetrators in accordance with legal provisions; and rehabilitative by encouraging moral and social development so that students do not repeat their actions. Optimization efforts are carried out by increasing cross-sector coordination (schools, parents, communities, and government agencies), strengthening the function of Bhabinkamtibmas in the educational environment, and prioritizing a restorative justice approach. 2) Weaknesses in handling physical violence by students in Pati Regency stem from: (1) weak law enforcement against child perpetrators, (2) suboptimal implementation of the diversion principle in the juvenile justice system, (3) lack of protection for victims of violence in educational environments, and (4) low legal awareness and a culture of discipline in society. Therefore, synergy is needed between law enforcement officers, educational institutions, families, and the community in creating a handling system that is not only oriented towards punishment, but also towards fostering students' morals and character in order to create a safe, dignified, and violence-free educational environment in accordance with the principles of justice and child protection as regulated in applicable laws and regulations. And 3) The police have an important role in handling physical violence by students through three main efforts: pre-emptive, preventive, and repressive. In the future, the police are expected to be more adaptive to developments in the times, utilize technology, and prioritize a humanistic approach. The aim is that the handling of violence is not only punitive, but also educational and preventative, so that a young generation is formed that is law-abiding, moral and has character.
Criminal Law Policy in an Efforts to Overcome Criminal Act of Accepting
The crime of receiving stolen property is a form of crime against property that plays a crucial role in strengthening the chain of crime. Without a party willing to buy or sell the proceeds of crime, the economic motivation of perpetrators of predicate crimes, such as theft, is reduced. However, current criminal law policies remain partial and tend to be repressive, focusing more on punishing perpetrators after the crime has occurred.The author formulated 2 (two) things, namely: (1) criminal law policy in efforts to overcome the crime of receiving money in the positive law that is currently in force, and (2) updating the criminal law policy regarding the crime of receiving money as regulated in Law Number 1 of 2023 concerning the Criminal Code (KUHP). This research uses a normative juridical approach. Based on the research results, it was found thatshows that the regulation of the crime of receiving money in Article 480 of the Criminal Code still has weaknesses, particularly in the element of "knowing or reasonably suspecting" which is difficult to prove, and is unable to anticipate technology-based crime methods. Meanwhile, Law Number 1 of 2023 concerning the Criminal Code (KUHP) shows a direction for reform by expanding the formulation of the crime of receiving money, clarifying the element of guilt, and adjusting the penalty to be more proportional. Therefore, an integrative criminal law policy is needed between penal and non-penal approaches, so that efforts to overcome the crime of receiving money are not only oriented towards revenge, but also include prevention, legal education, and community protection.
Implementation of Information Technology in Passport Issuance Services in Good Governance Perspective
This study analyzes the implementation of information technology in passport issuance services as a manifestation of the application of good governance principles. The study uses a qualitative approach with descriptive-analytical specifications. Data collection was conducted through interviews, observation, and documentation, while data analysis was conducted thematically. The results of the study indicate that the application of information technology through the M-Passport application and other digital services has increased the efficiency, transparency, and accountability of public services in the immigration sector. However, specific obstacles still encountered in the form of low digital literacy. This study concludes that the application of information technology in passport issuance services contributes positively to the implementation of good governance principles, particularly in terms of effectiveness, transparency, and accountability of public services.
Violation of the Code of Ethics of the Advocate ProfessionIn Criminal Cases
The advocates profession is greatly needed to balance and even protect against arbitrary power tendencies in both political and economic and social fields. At the same time, their generosity is also prominent when providing legal services called pro-bono. Provisions regarding this have even been regulated in the Advocates Law. However, in practice today, in addition to the positive perception of advocates because of their history and status as officium nobile, legal fighters and so on, it turns out that many negative perceptions have begun to emerge. "Naughty" advocates often deviate, such as using their networks in court institutions to win a case for a certain fee. This study aims to determine and analyze the law regarding the Indonesian Advocates Code of Ethics in criminal cases in Indonesia based on Law Number 18 of 2003 concerning Advocates, analyze the examination procedures for an advocate suspected of violating the advocates' code of ethics in handling criminal cases, find out and analyze the policies of the Indonesian Advocates Association (PERADI) regarding violations of the advocates' code of ethics committed by an advocate in handling criminal cases. This research uses an empirical juridical approach or often called sociological juridical, juridical research is used to analyze regulations related to the code of ethics of the advocate profession, while the empirical approach is used to analyze law which is seen as patterned community behavior in community life which always interacts and relates to social aspects by using primary data in the form of interviews and also secondary data which includes primary legal materials, secondary legal materials and tertiary legal materials, this research uses qualitative data analysis. Based on the research, it is concluded that Complaints are the basis for starting an examination. Complaints can be filed by complainants, namely clients, colleagues, government officials, members of the public, supervisory commissions, the National Leadership Council of Peradi with a trial fee of Rp. 5,000,000 (five million rupiah). Advocates as an honorable profession (officium nobile) who in carrying out their profession are under the protection of law, the Law and the Code of Ethics, have freedom based on the honor and personality of Advocates who adhere to Independence, Honesty, Confidentiality and Openness. That the Advocate profession is as a law enforcer who is equal to other law enforcement agencies, therefore each other must respect each other. Every Advocate must maintain the image and dignity of the profession's honor, and be loyal and uphold the Code of Ethics and Professional Oath. The Indonesian Advocates Association (Peradi) as an Advocate Organization that always prioritizes the right to immunity for its members.
Effectiveness of Rehabilitation Sanctions for Narcotic Addicts Based on Benefits
The purpose of this study is to examine and analyze the effectiveness of rehabilitation sanctions for drug addicts based on utility values, to examine and analyze ideal law enforcement for drug addicts in the future. This legal research is normative legal research, namely research that has the object of study on legal rules or regulations. Normative legal research examines legal rules or regulations as a system building related to a legal event. This research was conducted with the intention of providing legal arguments as a basis for determining whether an event is right or wrong and how the event should be according to law. The effectiveness of rehabilitation sanctions for drug addicts reflects the implementation of a double track system that balances recovery and law enforcement through medical and social rehabilitation in accordance with Law No. 35 of 2009. Rehabilitation is seen as a form of depenalization and decriminalization for addicts who are victims of dependence (self-victimizing victims), with stages of detoxification, therapy, and social reintegration. However, its implementation is still hampered by coordination between law enforcement, limited facilities, and social stigma. Ideal law enforcement in the future must be oriented towards humanity, making rehabilitation a right of recovery based on due process of law, with transparent integrated assessments, independent oversight, and synergy between institutions (BNN, Polri, Prosecutor's Office, Courts, Ministry of Health). Adopting the Portuguese model that treats addicts as patients, Indonesia needs to implement a limited decriminalization policy, strengthen rehabilitation facilities and human resources, and build a humanistic legal culture so that addicts can recover, social reintegration is sustainable, and the goals of social benefit and justice can be achieved.
The Role of the Indonesian National Police's Propam in Improving Professionalism and Enforcing the Code of Ethics and Discipline of Indonesian National Police Members
The professional code of ethics for Polri members is designed to provide guidance in carrying out their duties fairly, honestly, and responsibly. The research objectives in this study: 1). to study and analyze the role of Propam Polri in improving the professionalism and enforcement of the code of ethics and discipline of Polri members, 2). to study and analyze the obstacles and solutions to the role of Propam Polri in improving the professionalism and enforcement of the code of ethics and discipline of Polri members. This study uses a sociological juridical approach, with a descriptive analytical research method. The data used are primary and secondary data which will be analyzed qualitatively. Research problems are analyzed using legal system theory and legal objective theory. The results of the study conclude that: 1) The role of Propam Polri in improving the professionalism and enforcement of the code of ethics and discipline of Polri members is to foster and organize the function of professional accountability and internal security including enforcing discipline and order within the Polri environment and serving public complaints about any irregularities in the actions of Polri members/PNS; 2). The obstacles to the role of Propam Polri in improving the professionalism and enforcement of the code of ethics and discipline of Polri members are: a). lack of budget support so that the facilities and infrastructure are inadequate, b). lack of personnel (HR) who become the team implementing the enforcement of the professional ethics of the police with a fairly wide coverage area, c). lack of public support for the performance of the Polri, especially for police members who commit crimes against the community itself, d). the level of awareness and compliance with the regulations of the Code of Ethics of the Professional Police that are binding and applicable to them is still relatively low so that violations of the Code of Ethics of the Professional Police continue to occur. The solution to these obstacles is: a. adding facilities and infrastructure in enforcing the code of ethics, b. adding personnel (HR) who become the team implementing the development of professional ethics of the police with a fairly wide coverage area, c. increasing awareness and compliance of Polri members, d. providing socialization to the community about the performance of Polri, Propam. The professional code of ethics for Polri members is designed to provide guidance in carrying out their duties fairly, honestly, and responsibly. The research objectives in this study: 1). to study and analyze the role of Propam Polri in improving the professionalism and enforcement of the code of ethics and discipline of Polri members, 2). to study and analyze the obstacles and solutions to the role of Propam Polri in improving the professionalism and enforcement of the code of ethics and discipline of Polri members. This study uses a sociological juridical approach, with a descriptive analytical research method. The data used are primary and secondary data which will be analyzed qualitatively. Research problems are analyzed using legal system theory and legal objective theory. The results of the study conclude that: 1) The role of Propam Polri in improving the professionalism and enforcement of the code of ethics and discipline of Polri members is to foster and organize the function of professional accountability and internal security including enforcing discipline and order within the Polri environment and serving public complaints about any irregularities in the actions of Polri members/PNS; 2). The obstacles to the role of Propam Polri in improving the professionalism and enforcement of the code of ethics and discipline of Polri members are: a). lack of budget support so that the facilities and infrastructure are inadequate, b). lack of personnel (HR) who become the team implementing the enforcement of the professional ethics of the police with a fairly wide coverage area, c). lack of public support for the performance of the Polri, especially for police members who commit crimes against the community itself, d). the level of awareness and compliance with the regulations of the Code of Ethics of the Professional Police that are binding and applicable to them is still relatively low so that violations of the Code of Ethics of the Professional Police continue to occur. The solution to these obstacles is: a. adding facilities and infrastructure in enforcing the code of ethics, b. adding personnel (HR) who become the team implementing the development of professional ethics of the police with a fairly wide coverage area, c. increasing awareness and compliance of Polri members, d. providing socialization to the community about the performance of Polri, Propam.
Application of Digital Forensics as an Investigation System Cybercrime
The purpose of this research is toknowing and analyzinglegal procedures for digital forensic efforts in the investigation stage of cybercrimeIn this paper, the author uses a normative juridical method with descriptive analysis as the research specification. The function of digital evidence in some cybercrime cases is indeed very complex. The use of digital evidence also often raises debate. The digital forensic testing that must be present to support this digital evidence also still lacks legal certainty. Proving using electronic evidence in special criminal cases that are specifically regulated by law as one of the valid evidence does indeed guarantee legal certainty compared to the use of electronic evidence. However, the question remains about the legality of the results of digital forensic testing presented in court as evidence. Another debate that often arises relates to the process of testing electronic evidence, the process of maintaining electronic evidence, and the often debated ability of a digital forensic expert to conduct electronic evidence testing because a series of these processes have not been regulated in more detail.
Analysis of Law Enforcement of the Criminal Act of Theft with Aggrevabilitation Based on Justice Values (Case Study: Decision Number 104/Pid.B/2025/PN Sbw)
The Criminal Code (KUHP) classifies theft ranging from ordinary theft to aggravated theft, each carrying heavier criminal sanctions. In practice, as reflected in Decision No. 104/Pid.B/2025/PN Sbw, law enforcement often encounters evidentiary challenges, while factors such as poverty and weak supervision contribute to the increasing prevalence of theft. These conditions require proportional law enforcement to maintain public order. The purpose of this research is to identify and analyze the implementation of law enforcement in cases of aggravated theft, as well as to examine the obstacles encountered in enforcing the law against aggravated theft and the solutions based on principles of justice. The methodological approach used in this thesis is a sociological juridical research method. The theoretical framework includes law enforcement theory and theories of justice. The results of this research show that: (1) The implementation of law enforcement in the aggravated theft case involving SYK in Sumbawa demonstrates that all stages of the criminal justice system have been carried out in accordance with applicable regulations, starting from the receipt of the report, investigation and inquiry, prosecution, and ending with the court's sentence based on the fulfillment of the elements under Article 363 paragraph (1) points 3 and 5 of the KUHP. The Sumbawa Police acted efficiently in conducting the crime scene investigation, collecting evidence, examining witnesses, and establishing the suspect. The Public Prosecutor examined the case file, drafted the indictment, attempted restorative justice and proceeded with prosecution. The Panel of Judges evaluated the evidence, considered aggravating and mitigating factors, and imposed a prison sentence of 3 years and 6 months, deemed proportionate. (2) Law enforcement regarding aggravated theft faces significant internal and external challenges. Internally, limitations in human resources, infrastructure, and the narrow scope for applying restorative justice cause law enforcement to lean more toward retributive rather than restorative approaches. Externally, low legal awareness, poor socio-economic conditions, unemployment, and poverty make communities vulnerable as both perpetrators and victims. Proposed solutions include strengthening human resources and facilities for law enforcement agencies, reformulating restorative justice policies, increasing legal education and awareness, and establishing policies that address the root causes of poverty and unemployment.
Police Policy in Implementing the Concept of Restorative Justice in Handling Minor Crimes
The purpose of this research is toknowing and analyzing the existence of the Police in applying the concept of restorative justice to minor crimes. In this paper, the author uses a normative juridical method with a descriptive analysis research specification. When dealing with minor crimes, the application of repressive criminal sanctions often results in ongoing negative impacts, such as social stigma, waste of state resources, and injustice for perpetrators who should have the opportunity to change. The implications for correctional institutions if minor crimes are processed to the point of sentencing, which increases the capacity of correctional institutions which are currently plagued by quite serious problems in rehabilitating inmates who have exceeded the capacity of correctional institutions throughout Indonesia. In order to answer the development of legal needs of the community that fulfills the sense of justice for all parties, the Indonesian National Police (Polri) as the first door to the criminalization process for minor crimes can stop the process by being authorized by Law Number 2 of 2002 concerning the Indonesian National Police to formulate a new concept in criminal law enforcement.
Effectiveness of Implementing Termination of Prosecution in Handling Narcotics Crimes Based on Restorative Justice (Case Study at the Manokwari District Attorney's Office)
Drug abuse has become a serious problem in various countries, including Indonesia. To address this issue, the government has implemented various policies, including a restorative justice approach. One application of restorative justice is the suspension of prosecutions in criminal cases handled by the Prosecutor's Office. The research method used is an empirical juridical method, namely research conducted by identifying the law (law in book) and observing the effectiveness of law implementation in society from various sources related to the implementation of termination of prosecution through restorative justice in narcotics abuse. The results of the study indicate that the implementation of the termination of prosecution in narcotics crimes based on restorative justice was carried out by considering the aspects of benefit, humanity, and justice and has reflected the basic principles of restorative justice by prioritizing the restoration and restoration of good relationships in society. However, the implementation of this policy also still has weaknesses, including weaknesses in legal substance and inadequate facilities and infrastructure. The implementation of the termination of prosecution in narcotics crimes based on restorative justice in the future is considered effective in addressing the problem of overcrowding in correctional institutions (prisons), efficiency of the legal process, and promoting more humane justice. In conclusion, although restorative justice has been implemented quite well, further efforts are still needed to optimize the facilities and infrastructure supporting the implementation of restorative justice. Thus, the implementation of restorative justice in narcotics crimes can be implemented more effectively.
Construction of Legal Protection for Children in Conflict with the Law Due to Motorcycle Gangs Based on Legal Certainty (Case Study of Palu City Police Resort)
The increasing involvement of children in motorcycle gang activities in Palu City indicates a serious problem in the child protection system and the effectiveness of law enforcement. Children as perpetrators of criminal acts cannot be viewed solely as criminals, but also as vulnerable individuals who require protection in accordance with the principle of the best interests of the child as mandated by Law Number 11 of 2012 concerning the Juvenile Criminal Justice System (SPPA). This study aims to analyze the construction of legal protection for children in conflict with the law due to their involvement in motorcycle gangs, identify its weaknesses, and formulate a legal protection construction based on legal certainty. The method used is socio-legal research that combines normative and empirical approaches through analysis of legislation, literature studies, and interviews with Palu City Police officers and related parties. The results of the study indicate that the police have implemented a number of preventive and repressive measures, but their implementation still faces various obstacles, including limited resources, a lack of understanding of the principles of restorative justice among officers, and a suboptimal diversion mechanism. In addition, the existing legal protection construction does not fully guarantee legal certainty for children due to the gap between normative provisions and implementation in the field. This research emphasizes the need to strengthen legal structures, increase the capacity of officials, and integrate more systematic policies so that legal protection for children involved in motorcycle gangs can be carried out comprehensively, humanely, and still guarantee legal certainty.
Analysis of the Implementation of the Principle of Legality in the Enforcement of General Criminal Law in Indonesia
Indonesia, as a state governed by law, emphasizes that every criminal act may only be subject to sanctions based on provisions established beforehand. As a result, the principle of legality becomes a fundamental doctrine for ensuring legal certainty, protecting human rights, and preventing arbitrary criminalization. However, the development of modern crimes and the evolving dynamics of legal interpretation pose new challenges to its application, making it necessary to conduct an evaluation to ensure that the principle of legality remains effective as a core pillar of general criminal law enforcement in Indonesia. The objectives of this research are to identify and analyze the application of the principle of legality in the current enforcement of general criminal law in Indonesia, and to examine and analyze the ideal concept for implementing the principle of legality within Indonesia's general criminal law framework.The methodological approach used in the preparation of this thesis is normative juridical research. The research specification is descriptive-analytical. The theories employed include the theory of legal certainty and the theory of progressive law. The findings of this research indicate that the principle of legality remains the primary foundation of general criminal law enforcement in Indonesia because it ensures legal certainty, as regulated in the old Criminal Code (KUHP), the 1945 Constitution, and further reinforced by the 2023 New Criminal Code. Its implementation, however, encounters various challenges, such as ambiguous statutory provisions, the use of analogy by law-enforcement authorities to fill legal gaps, and the emergence of modern forms of crime—such as cybercrime—that evolve more rapidly than the legislative process. The research finds that the recognition of “living law” in Article 2 of Law No. 1 of 2023 represents a compromise between the need for legal certainty and social justice, but still requires strict limitations to avoid undermining the principle of lex certa. A comparative analysis with Korea and Thailand shows that both countries provide stronger protection for defendants through the application of lex mitior, which allows the elimination of punishment even after a decision has obtained permanent legal force, whereas Indonesia still restricts its application to the period before a final judgment is rendered. Jurisprudential studies, such as Supreme Court Decision No. 964 K/Pid/2015, demonstrating the judiciary's role in safeguarding the legality principle through rigorous examination of criminal elements, particularly the element of unlawfulness. The ideal concept for implementing the legality principle requires clearly formulated offenses, consistent prohibition of analogy, and adequate understanding among law-enforcement officers, in line with Satjipto Rahardjo's theory of progressive law, so that the law does not merely operate as written regulations but also promotes justice and societal benefits.
Construction of Law Enforcement Regulations for the Placement of Illegal Migrant Workers by Individuals Based on Legal Certainty
This study aims to understand and analyze in depth the regulatory construction that governs law enforcement against the practice of placing individual illegal migrant workers, while simultaneously examining the weak points in the applicable legal system. By understanding the configuration of existing norms, this study seeks to provide a comprehensive picture of the extent to which applicable regulations are able to provide fair and effective protection for prospective migrant workers and to analyze the normative legal construction of these regulations. This study uses a normative legal approach method (Normative Legal Research) including legislative, conceptual, and case approaches, using primary regulatory materials in the form of relevant laws and regulations, as well as secondary legal materials in the form of scientific literature and institutional reports. The analysis is conducted descriptively qualitatively using an orientation on the principle of legal certainty. Primary data sources consist of various relevant laws and regulations, while secondary legal materials are obtained from scientific literature, official reports of government agencies, and other academic studies. All data are analyzed descriptively qualitatively based on the principle of legal certainty as guaranteed in Article 28D paragraph (1) of the 1945 Constitution, in order to assess the functioning of norms in their enforcement practices. The research results show that the law enforcement regulations regarding the placement of illegal migrant workers are still sectoral, have overlapping authorities, and have not been effectively integrated between the PPMI Law, the Law on the Crime of Human Trafficking, and the Immigration Law.This results in ineffective law enforcement mechanisms. Weak inter-agency coordination and the absence of an integrated enforcement mechanism make it difficult to consistently enforce the law. Therefore, regulatory reconstruction is needed that emphasizes harmonization of norms, institutional strengthening, and increased law enforcement to ensure optimal protection for migrant workers, as well as legal certainty in the protection of migrant workers.
Use of Police Discretion in Manifestation of the Concept of Restorative Justice
The purpose of this research is toknowing and analyzingThe implications of police discretionary powers in the manifestation of the concept of restorative justice. In this writing, the author uses a normative juridical method with research specifications in the form of descriptive analysis. The existence of discretionary authority by the police, the police have the authority to break through a form of legal rigidity that emphasizes the side of legism alone, without paying attention to the social systems that exist in society in achieving a form of real benefit and justice. From this, the form of discretion given to the Police is a form of breakthrough towards real law enforcement while still providing a form of real justice by paying attention to the risk and benefit aspects of an action carried out. When faced with problems that include the condition of law enforcement in Indonesia with all its shortcomings, Police policies based on restorative justice through discretion and the existence of legitimacy as a formulative effort of the Police reflect the accommodation of law enforcement steps based on a progressive idea.
Comprehensive Analysis of Community Policing in an Attempt Preventive Handling of Motorcycle Theft Crime
The high number of motor vehicle theft cases in the jurisdiction of the Cilegon Police Department with a fluctuating trend indicates that repressive law enforcement efforts have not been able to optimally suppress crime rates. This condition demands strengthening the preventive approach through community policing as a collaborative strategy between the police and the community to improve environmental supervision and prevent theft. The purpose of this study is to analyze the implementation of community policing, reconstruct the factors that influence it, and formulate efforts to improve preventive strategies for dealing with motorcycle theft crimes in the jurisdiction of the Cilegon Police Department. This study uses the Theory of Law Enforcement, Crime Prevention Theory, and Criminal Policy Theory, the Concept of Crime Prevention, the Concept of Community Policing, the Concept of Theft Crimes, and the Concept of Motor Vehicles. This research method uses a juridical- sociological approach with qualitative methods through interviews, field observations, and literature studies to explore the implementation of community policing in preventing motor vehicle theft in the Cilegon Police Department. Data analysis is carried out descriptively through the processes of reduction, presentation, and verification to produce valid empirical findings regarding the effectiveness of police preventive strategies. The results of this study indicate that: 1) The implementation of community policing at the Cilegon Police Station is effective through synergy between the police and the community that strengthens informal social forces, increases legal awareness, and reduces the opportunity for motorcycle theft; 2) The effectiveness of community policing is influenced by factors of legal substance, police, infrastructure, community, and legal culture that mutually determine the success of motorcycle theft prevention efforts at the Cilegon Police Station; and 3) Efforts to improve community policing are carried out through increasing personnel capacity, strengthening coordination between police functions, and expanding community participation in order to realize adaptive and sustainable motorcycle theft prevention.
Optimizing the Implementation of Criminal Sanctions as a Means of Achieving a Deterrent Effect for Perpetrators of Violent Theft
Theft with violence is a serious crime, this is because the perpetrator makes threats or even attempts at physical violence to obtain the victim's property, this causes victims of the crime of theft with violence not only to experience property losses but also losses that threaten the victim's life and physical well-being, including for victims of the crime of theft with violence in Cirebon City. The type of research in this paper is sociological juridical approach with an empirical approach. Based on the research results, it is known that Current regulations regarding the crime of violent theft do not explicitly recognize violent theft, which is as dangerous as theft, as a more serious crime than non-violent theft, as violent theft can result in the loss of life and property. Therefore, the punishment imposed on the perpetrator is not commensurate with the victim's losses. The weakness of the regulations regarding the crime of theft with violence contained in Case Decision Number 40/Pid.B/2023/Pn Cbn is that the judge views that theft with violence is not a serious and dangerous crime that can result in serious injury and threaten the victim's life. The solution that can be implemented is to emphasize in the Criminal Code regulations that theft with violence is included in the category of serious crimes that can be punished with a maximum penalty of death if the perpetrator's actions result in the death of the victim.
Analysis of the Criminal Responsibility of Perpetrators of Money Laundering in the Case of Online Gambling Site Guarding (Study of Decision Number 217/Pid.Sus/2025/PN Jkt.Sel)
The rapid expansion of online gambling illustrates a significant enforcement gap, particularly when individuals involved in maintaining online gambling sites do not engage in gambling directly yet still contribute to the flow of illicit funds that are subsequently laundered through various transactions. The study of Decision Number 217/Pid.Sus/2025/PN Jkt.Sel reveals a legal gap in proving the element of “knowing or reasonably suspecting” with respect to non-operator offenders, thereby necessitating an in-depth analysis of the construction of their criminal liability in money laundering offenses under the Anti–Money Laundering Law (UU TPPU). The objectives of this research are to analyze the criminal liability of perpetrators of money laundering in cases involving the maintenance of online gambling sites, and to examine the judicial considerations in imposing criminal sanctions on money-laundering offenders in such cases. The thesis employs a normative juridical research method with a descriptive-analytical specification. The theoretical framework used includes the theory of criminal liability and the theory of punishment. The findings of this research show that the criminal liability of the perpetrator of money laundering in the case of maintaining an online gambling site, as examined in Decision Number 217/Pid.Sus/2025/PN Jkt.Sel, demonstrates that the defendant, RE, was legally and convincingly proven to have fulfilled all elements of the offense under Article 3 of Law No. 8 of 2010 on Money Laundering. This is because the defendant was proven to have received, placed, transferred, exchanged, and spent assets that he knew originated from the criminal act of maintaining an online gambling site, with the intention of concealing and disguising the origin of the funds through the use of accounts under other persons' names, layered transaction mechanisms, and the use of the money for personal purposes. The judge's considerations in imposing criminal sanctions on the perpetrators of money laundering in this case were based on the fulfillment of all legal elements under Article 3 of Law No. 8 of 2010, proven through a series of legal evidence (testimonies of witnesses, the defendant, experts, banking documents, and electronic evidence), the absence of justification or excuse, and the obligation of the court under Article 14 paragraph (2) of Law No. 48 of 2009 and Article 193 paragraph (1) of the Criminal Procedure Code to impose punishment on a defendant who is legally and convincingly proven guilty. In sentencing the defendant to 10 years of imprisonment and a fine of Rp. 1 billion cumulatively, the judges considered aggravating circumstances, including the defendant's enjoyment of the proceeds of crime, his evasiveness during trial, and the socially harmful nature of his actions, while the only mitigating factor was his polite demeanor in court.
Formulation of Criminal Sanctions for Drug Abuse Perpetrators Based on Justice Values
The application of criminal sanctions has so far focused on imprisonment, not reflecting substantive justice. This study uses a normative juridical method to analyze the application of sanctions to drug abusers, the obstacles encountered, and the formulation of just sanctions. The results show that drug abusers are often treated as criminals, rather than victims of addiction. The main obstacles include the unclear distinction between users and dealers, limited rehabilitation facilities, and the weak understanding of Article 127 of Law Number 35 of 2009 concerning Narcotics by officials. Sanction formulations that emphasize rehabilitation, perpetrator differentiation, and the application of Pancasila values are needed so that criminalization not only provides a deterrent effect but also restores perpetrators to become productive members of society.
Legal Review of Police Autopsy Attempts Against Unnatural Death
The purpose of this study is to determine and analyze the legal mechanisms of the police in the autopsy of unnatural deaths. In this paper, the author uses a normative legal method with a descriptive analysis research specification. In a sudden unexpected death or unwitnessed death, there is a probability that the death is related to a crime and must be treated as an unnatural death before it can be scientifically proven that the death was natural. Forensic autopsy plays a role in the pre-trial phase of the criminal justice system, in which case the National Police investigator has a role and authority. Before a case reaches the investigation stage, it certainly begins with an investigation. Forensic medicine and medicolegal science can help determine whether an alleged crime against the body or life can be continued or stopped. Forensic autopsy synergizes with the purpose of examining criminal cases, namely the discovery of material truth.
Legal Analysis of Criminal Case Resolution Using a Benefit-Based Restorative Justice Approach
This study aims to analyze the role of the Indonesian Attorney General's Office in resolving criminal cases through the Restorative Justice approach, identify various weaknesses in its implementation, and provide a legal analysis based on the principle of expediency regarding the application of this approach. The method used is normative legal research with a statutory, conceptual, and case study approach. The results of the study indicate that the Attorney General's Office has significant authority through Attorney General Regulation Number 15 of 2020 to stop prosecution for the sake of restorative justice, especially in cases of minor crimes and cases that meet the elements of reconciliation. However, its implementation still faces obstacles such as the lack of a legal umbrella at the level of law, the potential for subjectivity in assessments, and limited public education. The legal analysis shows that the Restorative Justice approach is in line with the principle of expediency because it provides greater benefits for victims, perpetrators, and the community. This study recommends the establishment of a legal umbrella at the level of law and increasing the capacity of law enforcement officials in implementing restorative justice.
Implementation of Termination of Prosecution of Criminal Acts of Assault Based on Restorative Justice Values (Research Study at the North Lampung District Attorney's Office)
The Indonesian criminal justice system, which remains oriented toward retributive justice, is considered unable to comprehensively resolve assault cases because it emphasizes retaliation and insufficiently considers the restoration of the parties involved. This conditionencouraging the adoption of restorative justice as an alternative mechanism for case resolution; However, its implementation continues to face normative and procedural obstacles since its legal foundation relies solely on institutional policy, such as the Prosecutor's Regulation (Perja) No. 15 of 2020, rather than higher-level legislation. The purpose of this research is to identify and analyze the implementation of prosecution termination for assault cases based on restorative justice values at the North Lampung District Prosecutor's Office, as well as to examine the obstacles and solutions in implementing prosecution termination for assault cases based on restorative justice values at the same institution. The research method applied in this thesis is a sociological juridical approach. The research specification is descriptive-analytic. The theories employed include the theory of restorative justice and the theory of the legal system. The results of this study are as follows: (1) The implementation of termination for assault cases at the North Lampung District Prosecutor's Office demonstrates that the application of restorative justice serves as an effective and humane solution for resolving cases arising from personal conflicts between the offender and the victim, such as the assault case triggered by a debt dispute in July 2024. Prosecutor's Regulation No. 15 of 2020. (2) The obstacles to implementing prosecution termination for assault cases based on restorative justice at the North Lampung District Prosecutor's Office. In terms of substance, the Criminal Procedure Code (KUHAP) does not explicitly regulate prosecution termination based on reconciliation or restorative justice. From the structural aspect, weak oversight mechanisms and unclear internal functional distribution create opportunities for intervention and abuse of authority in the prosecution process. From the cultural dimension, a strong retributive legal mindset still dominates law enforcement practices.
The Effectiveness of the Role of Police Investigators in Handling the Crime of Motor Vehicle Theft in the Jurisdiction of the Cilegon Police
Discusses the effectiveness of the role of police investigators in handling the crime of motor vehicle theft in the jurisdiction of the Cilegon Police. The purpose of this research is the role of police investigators in the law enforcement process against motor vehicle theft in the jurisdiction of the Cilegon Police, the factors that become obstacles and solutions in influencing the role of police investigators in handling motor vehicle theft crimes in the jurisdiction of the Cilegon Police, and the effectiveness of the role of police investigators and solutions in handling cases of motor vehicle theft in the jurisdiction of the Cilegon Police. This research uses a juridical-sociological approach. Sociology is an approach in sociology that examines social phenomena based on data and facts obtained from direct observations, interviews, or experiments in the field. The results of the research, namely at the Cilegon Police Station, are very strategic because they not only enforce the law through investigation, investigation, arrest, and confirmation of evidence, but also maintain the community's sense of security. Investigators are required to be professional in accordance with the Criminal Code, Criminal Code, Law No. 2 of 2002, and Perkap, by prioritizing preventive and repressive measures. The obstacles of Cilegon Police investigators in handling the crime of motor vehicle theft include limited infrastructure, lack of number and competence of personnel, low legal awareness of the community, and the complexity of the increasingly sophisticated mode of perpetrators; However, solutions can be achieved through improving the professionalism and integrity of investigators through technical training, the use of information technology, strengthening cross-sectoral coordination, optimizing preventive efforts, and strict internal supervision. The success of investigations can only be achieved through synergy between the structure, substance, legal culture, and the application of social, procedural, and restorative justice so that the role of investigators can run more optimally, transparently, accountably, and be able to increase public trust.
Enforcement of Criminal Law for Drug Addicts with a Restorative Justice Approach
The research objectives in this study: 1). to study and analyze the enforcement of criminal law on drug abuse with a restorative justice approach; 2). to study and analyze the obstacles to the enforcement of criminal law on drug abuse with a restorative justice approach. This study uses a normative juridical approach, with a descriptive analytical research method. The data used are primary and secondary data which will be analyzed qualitatively. The research problems are analyzed using Lawrence Friedman's legal system theory and restorative justice theory. The results of the study conclude that: 1) Criminal Law Enforcement on Drug Abuse with a Restorative Justice Approach is carried out through rehabilitation, mediation, customary institutions, consudication, coordination, consultation, counseling guidance, deversion. The process of implementing restorative justice according to Perja No. 18 of 2021 is carried out by an Integrated Assessment team consisting of 3 agencies, namely the Prosecutor's Office, the Police, and the National Narcotics Agency. Regarding the financing of the entire process, it is covered by the state budget (APBN), but for other additional costs required for drug addicts in undergoing rehabilitation, it can be obtained by the family or others provided that it does not conflict with the law; 2). The implementation of Restorative Justice in handling drug abuse cases in Indonesia faces various complex obstacles. Although Restorative Justice offers peaceful conflict resolution outside the court and is supported as a form of moral justice, its implementation in Indonesia is not optimal because there is no legal unification that regulates it systematically in the form of legislation. Law enforcement officers are often hesitant to offer Restorative Justice for fear of being misunderstood, especially in narcotics cases. Other obstacles include the lack of competence of law enforcement officers, inadequate rehabilitation facilities, and the lack of courage of abusers or addicts to report themselves for rehabilitation even though there are privileges they will get. The solution to the obstacles experienced in restorative justice is to improve the competence of law enforcement officers, improve inadequate rehabilitation facilities, provide socialization to the community about restorative justice for drug abusers. The research objectives in this study: 1). to study and analyze the enforcement of criminal law on drug abuse with a restorative justice approach; 2). to study and analyze the obstacles to the enforcement of criminal law on drug abuse with a restorative justice approach. This study uses a normative juridical approach, with a descriptive analytical research method. The data used are primary and secondary data which will be analyzed qualitatively. The research problems are analyzed using Lawrence Friedman's legal system theory and restorative justice theory. The results of the study conclude that: 1) Criminal Law Enforcement on Drug Abuse with a Restorative Justice Approach is carried out through rehabilitation, mediation, customary institutions, consudication, coordination, consultation, counseling guidance, deversion. The process of implementing restorative justice according to Perja No. 18 of 2021 is carried out by an Integrated Assessment team consisting of 3 agencies, namely the Prosecutor's Office, the Police, and the National Narcotics Agency. Regarding the financing of the entire process, it is covered by the state budget (APBN), but for other additional costs required for drug addicts in undergoing rehabilitation, it can be obtained by the family or others provided that it does not conflict with the law; 2). The implementation of Restorative Justice in handling drug abuse cases in Indonesia faces various complex obstacles. Although Restorative Justice offers peaceful conflict resolution outside the court and is supported as a form of moral justice, its implementation in Indonesia is not optimal because there is no legal unification that regulates it systematically in the form of legislation. Law enforcement officers are often hesitant to offer Restorative Justice for fear of being misunderstood, especially in narcotics cases. Other obstacles include the lack of competence of law enforcement officers, inadequate rehabilitation facilities, and the lack of courage of abusers or addicts to report themselves for rehabilitation even though there are privileges they will get. The solution to the obstacles experienced in restorative justice is to improve the competence of law enforcement officers, improve inadequate rehabilitation facilities, provide socialization to the community about restorative justice for drug abusers.
Ideal Formulation of Legal Protection Against Unilateral Termination of Contract and Delay in Payment for Services by the Government Based on the Values of Justice
Government construction work contracts play a crucial role in infrastructure development and must ensure legal certainty and protection for service providers. However, in practice, unilateral termination of contracts by the government without proper procedures frequently occurs, as seen in the case of the contract termination between the Kediri City Government and PT SGU KSO. The purpose of this study is to analyze the regulations governing construction service providers in situations of unilateral contract termination and delayed payment by the government, which have not yet reflected principles of justice, and to examine the ideal formulation of legal protection against unilateral contract termination and delayed payment by the government based on the value of justice. The methodological approach used in this thesis is normative juridical research, with a descriptive-analytical research specification. The theories employed include the theory of justice and the theory of legal protection. The results of this study indicate that regulations governing construction service providers in government procurement contracts have not yet fully reflected the value of justice, as the relationship between the government as the service user and contractors as service providers remains imbalanced. The government holds a dominant position in drafting contract clauses, controlling project implementation, and determining sanctions, while contractors often have no room for negotiation and must accept standard clauses that are one-sided. Contractors are subjected to strict sanctions such as late penalties, unilateral contract termination, and blacklisting, yet when the government defaults, no equivalent sanction mechanism exists. This imbalance is evident in the Kediri and Pekanbaru cases, which demonstrate that current regulations are not equitable. The ideal formulation of legal protection for construction service providers requires the presence of fair norms that place the government and service providers on an equal footing, particularly regarding the risks of unilateral contract termination and delayed payments. The government is obligated to uphold the principle of justice through contracts that protect the rights of service providers. In practice, many government contracts do not include penalty clauses for delayed payments or unilateral termination. As a result, construction service providers occupy a weak position because they lack certainty regarding compensation or remedies when the government neglects its obligations. Based on Satjipto Rahardjo's theory of legal protection, standard contractual clauses must be reformulated to include the government's obligation to pay penalties, compensation, or damages when it commits a breach of contract.
The Ideal Concept of Asset Recovery in Corruption Criminal Acts Based on Progressive Law
Indonesia, as a state based on the rule of law based on Pancasila and the 1945 Constitution, faces serious challenges in eradicating corruption, which has become a systemic crime. Law enforcement is still oriented towards a retributive approach, resulting in a less than ideal return of state assets (asset recovery). A progressive and restorative reconstruction of law enforcement based on the principles of the UNCAC is needed, with a focus on recovering state losses through inter-institutional synergy, strengthening legal instruments, and public participation to achieve justice and social welfare. The purpose of this study is to analyze the implementation of asset recovery in corruption crimes in Indonesia and to analyze the ideal concept of asset recovery in corruption crimes based on progressive legal principles. The method used in compiling this thesis is normative legal research. The specifics of this research are descriptive analysis. The theories used include the theory of the purpose of punishment and progressive legal theory. The results of this study are: (1) The implementation of asset recovery in corruption crimes in Indonesia shows that although regulations such as the Corruption Eradication Law, the Money Laundering Law, and the UNCAC are complete, they still focus on criminal penalties rather than recovering state losses. Legal instruments such as additional penalties and asset confidentiality have not been implemented optimally due to lengthy legal processes and high evidentiary standards. Many court decisions only impose prison sentences without maximum asset recovery, such as in the e-KTP case and the Harvey Moeis tin corruption case. The legal system needs to shift to a restorative paradigm that places the empowerment of corruptors as the primary instrument for restoring state finances and strengthening public trust in the law. (2) The ideal concept of asset recovery based on progressive law places asset recovery as the primary objective of criminal punishment by making the state actively reclaim corrupted public assets for the sake of social welfare. The Non-Conviction Based Asset Forfeiture (NCB) mechanism is a breakthrough instrument that allows for the confiscation of assets without waiting for the perpetrator's conviction through an in rem lawsuit with more flexible yet accountable standards of evidence. Practices in the Philippines demonstrate the effectiveness of NCB in pursuing cross-border assets and protecting third parties in good faith, serving as an important model for Indonesia. This approach aligns with the principles of progressive law because it is adaptive, supports social justice, and overcomes formal legal limitations to impoverish corruptors and restore public trust.
Efforts to Overcome the Criminal Acts of Monothesis Among Boarding School Community Communities According to Positive Law and Religious Law (Case Study at Matholi'ul Anwar Boarding School, Wonosobo)
This study aims to determine the forms and factors causing the occurrence of criminal acts of sexual abuse in the Matholi'ul Anwar Wonosobo Islamic Boarding School environment, analyzing efforts to overcome criminal acts of sexual abuse in Matholi'ul Anwar Wonosobo Islamic Boarding School if analyzed using positive law in Indonesia and the prevention of criminal acts of sexual abuse in Matholi'ul Anwar Wonosobo Islamic Boarding School if analyzed using Islamic law. This study uses a socio-legal approach. Criminal acts of sexual abuse in Matholi'ul Anwar Wonosobo Islamic Boarding School occurred due to the deception of caregivers towards children, as regulated in Article 82 in conjunction with Article 76E of the Child Protection Law, with triggering factors in the form of weak internal supervision, lack of understanding of sexuality education, abuse of position, and a culture of covering up the institution's disgrace. Countermeasures according to positive law are carried out through the synergy of the Police, the Prosecutor's Office, and the Court based on the Criminal Code and the Child Protection Law, including repressive and preventive measures, but still require consistent application of the law for the certainty and protection of students. Meanwhile, according to Islamic law, prevention is carried out through the application of ta'zir or hudud punishments according to the severity of the violation, as well as strengthening morals, faith, and the exemplary behavior of caregivers. Thus, positive law and Islamic law both emphasize justice, victim protection, and moral development as integral efforts to prevent sexual abuse in Islamic boarding schools. The research in writing this thesis is descriptive-analytical. Based on the research, conclusions are drawn.
Optimizing Police Action in Handling Criminalization by Prioritizing the Ultimum Remedium Principle
The purpose of this research is toknowing and analyzing the implementation of the ultimum remedium principle by the Police in handling criminalization. In this writing, the author uses a normative juridical method with research specifications in the form of descriptive analysis. The application of the principle of ultimum remidium is a middle way that benefits all parties, both as victims, as perpetrators, and for the benefit of the wider community. However, in its current development, the content of material containing criminal sanctions related to imprisonment sanctions is almost always included in every law. Therefore, there is a shift in legal policy regarding the application of criminal law from being a last resort/method (Ultimum Remedium) to a first resort/method (Primum Remedium). Through the introduction of the Police institution, it is not absurd to implement it with consideration of legal reasoning from the Police apparatus in viewing a criminalization of whether or not a case's weight needs to be continued in the criminal procedure process.
The Ideal Concept of Criminal Responsibility for Perpetrators of Illegal Fishing in Indonesian Waters
Enforcing maritime and fisheries law in Indonesian waters is essential for a country with vast maritime territory. For example, law enforcement in the fisheries sector is extremely difficult, yet crucial and strategic in supporting controlled fisheries development in accordance with the principles of fisheries management, ensuring sustainable fisheries development. The purpose of this study is to examine and analyze the forms of criminal liability for perpetrators of illegal fishing in Indonesian waters, and to examine and analyze the ideal concept of criminal liability for perpetrators of illegal fishing in Indonesian waters in the future. This legal research uses an empirical legal research approach. Criminal liability for illegal fishing needs to be strengthened because the practice of fish theft by foreign vessels continues to harm the state and fishermen, while law enforcement tends to only ensnare captains and crew, not ship owners or corporations, even though the Fisheries Law provides for severe criminal penalties. Going forward, Indonesia needs a model capable of prosecuting intellectual actors and economic networks through expanding the scope of criminal offenses, strict corporate accountability, substantial financial sanctions, impoverishment of perpetrators, and asset confiscation, supported by surveillance technologies such as VMS, satellites, electronic logbooks, as well as strengthening the PPNS (National Fisheries Supervisory Agency), fisheries courts, rapid administrative sanctions, catch traceability, and international cooperation. With progressive regulatory reform and the adoption of best practices from Australia, Norway, and Japan, the illegal fishing law enforcement system can become more effective and equitable.
Effectiveness of Implementing Restorative Justice in Traffic Accident Case Settlement Based on Benefit (Case Study of Wonosobo Police Resort)
This study aims to analyze the effectiveness of the implementation of juvenile delinquency programs based on applicable regulations and guidelines in Indonesia. The study focuses on the implementation of juvenile delinquency policies in relevant institutions and the extent to which restorative justice approaches are applied in the juvenile justice system. Using qualitative research methods with a sociological-juridical approach, this study reveals that juvenile delinquency programs still face various obstacles, including human resources, inter-institutional coordination, and limited supporting facilities and infrastructure. The research findings show that although Indonesia's juvenile justice system has normatively adopted the principles of restorative justice as stipulated in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, its implementation in practice has not been fully consistent with these values. Many juvenile delinquency cases are still resolved through a retributive approach, rather than through social development and rehabilitation. However, there are several supporting factors, such as increased awareness among law enforcement officials and public support for the restorative approach. Thus, this study emphasizes the importance of strengthening the capacity of development institutions, enhancing the competence of law enforcement officers, and optimizing the role of families and communities in supporting the social rehabilitation process for children. A more integrated policy approach, combining legal and social approaches, is also needed to ensure that development programs for minors are truly effective in returning children to their full social function.
Legal Analysis of the Spread of Fake News on Social Media Based on Pancasila Justice
The crime of spreading fake news is a threat to society as social media users because of the large amount of news circulating online. Therefore, as a wise person in responding to this, the public must select every news that appears. The purpose of this study is to determine and analyze the legal construction of the spread of fake news on social media based on justice, to identify and analyze the weaknesses of the law against the spread of fake news on social media in Indonesia. This legal research is normative legal research. The spread of fake news on social media is increasingly widespread due to technological developments that are not balanced with digital literacy, thus triggering social unrest, conflict, and disintegration, while legal frameworks such as the Criminal Code and the ITE Law often cause problems due to their vague, overlapping definitions and the potential to silence expression. The Constitutional Court's decision emphasized the need for limited interpretation so that the articles on fake news are only applied to actions that pose a real risk. However, its effectiveness remains hampered by weaknesses in the law enforcement structure, minimal capacity of officers, lack of coordination, and a permissive and easily provoked community culture. To address this, Indonesia needs to learn from the German and Singaporean models, which emphasize the shared responsibility of the government, digital platforms, and the public through mechanisms for rapid content removal, public correction, and increased digital literacy. This ensures that handling hoaxes is not merely repressive but also creates a healthy, fair, and democratic digital space.
Police Efforts in Taking Steps Decriminalization of Drug Users
The purpose of this research is toknowing and analyzingform of police policy in decriminalizing drug users. In this paper, the author uses a normative juridical method with research specifications in the form of descriptive analysis. The police must address the use of discretionary authority, control and limit it, and be accountable, bringing up efforts to control it through internal regulations in the form of standard operating procedures. However, all of this does not reduce the urgency and need for police investigators to adopt a policy of decriminalizing drug users which has relevance to the problems of Indonesian correctional institutions which are very comprehensive and urgent. The condition of inmates who exceed the capacity, the duties and functions of guidance in Correctional Institutions are not optimal. This is evidenced by the tendency of many inmates in Correctional Institutions in narcotics and illegal drug crimes, where their qualifications as users should receive rehabilitation or medical treatment rather than as prisoners in Correctional Institutions.
Legal Analysis of Criminal Conspiracy in Class I Narcotics Crimes Not Plants and the Imposition of Criminal Sentences by Judges Study of Decision Number 23/Pid.Sus/2025/PN Ban
This research is entitled "Juridical Analysis of Criminal Conspiracy in Class I Non-Plant Narcotics Crimes and the Imposition of Criminal Sentences by Judges: Case Study of Decision Number 23/ Pid.Sus/2025/PN Bantaeng." This research uses a normative legal research method, which focuses on applicable positive legal norms. The primary focus of normative legal research is analyzing relevant laws, doctrines, and court decisions to identify principles, rules, and legal constructions that can address the issues under study. Criminal conspiracy in the crime of class I narcotics, not plants, according to positive Indonesian law is regulated in Article 132 paragraph (1) of Law Number 35 of 2009 concerning Narcotics. Criminal conspiracy is seen as a stand-alone crime, so that even though the narcotics crime has not been carried out, an agreement between two or more people to carry out illegal narcotics trafficking is sufficient to ensnare the perpetrator with criminal sanctions.
Functional Problems of Visum et Repertum In Proving the Crime of Rape
The aim of this study is to identify and analyze the problems that occur in optimizing the proof of rape crimes through Visum et Repertum.In this paper, the author uses a normative juridical method with descriptive analysis as the research specification. Rape cases are cases with a fairly complex level of resolution in the judicial process. The level of difficulty in terms of proof in rape cases is due to the rape being committed without any eyewitnesses who saw the incident. Uncovering a rape case during the investigation stage, a series of actions will be carried out by investigators to obtain evidence related to the crime that occurred. The process of evidence in rape cases greatly affects the psychological state of the victim, the victim must provide detailed information during the evidentiary process related to the incident that has occurred. Weak and lack of evidence in rape crimes cause many perpetrators to escape the clutches of the law. The complexity of the problems of investigators' efforts to obtain authentic evidence through the Visum et Repertum examination cannot be denied as an obstacle to achieving just law enforcement and legal certainty for rape victims.
Construction Of Regulations For Consumer Protection In The Distribution Of Dangerous Slimming Drugs Based On Justice
This study aims to determine and analyze the current regulatory construction of consumer protection in the distribution of dangerous slimming drugs.know and analyze aboutWeaknesses in Regulatory Construction Regarding Consumer Protection in the Current Circulation of Dangerous Slimming Drugs, as well asknowing and analyzing the Construction of Regulations on Consumer Protection in the Distribution of Dangerous Slimming Drugs Based on Justice. Research using the methodNormative Legal Researchwhich includes legal systematic research, legal synchronization level research, comparative legal research, legal history research, research on positive legal norms, legal principles, legal principles, and legal doctrines, along with court decisions. The results of the study indicate that the current construction of consumer protection regulations in Indonesia is built on the foundation of Law Number 8 of 1999 concerning Consumer Protection. The weaknesses of the construction of consumer protection regulations against the circulation of dangerous slimming drugs lie in legal loopholes, weak enforcement, and inadequate supervision, which allow the circulation of dangerous products through misleading advertising and promotions. In addition, the sanctions applied may not provide a deterrent effect, and it is difficult to identify and prove violations of the distribution of illegal products.
Legal Review of Handling of Unauthorized Land Acquisition: Land in Rappang Village, Tapango District, Polewali Mandar Regency
This study aims to analyze the handling of unauthorized land acquisition cases by the Criminal Investigation Unit of the Polewali Mandar Police, specifically in cases that occurred in Rappang Village, Tapango District, Polewali Mandar Regency. Unauthorized land acquisition issues often trigger social conflict and hinder legal certainty regarding land rights. This study uses a qualitative approach with empirical legal methods through interviews with investigators, the National Land Agency, the Public Prosecutor, the complainant, and the accused. The data is then analyzed thematically to determine the alignment between legal norms, handling practices, and obstacles encountered in the field. The results show that the case handling process is still hampered by limited evidence, unclear land status, and weak inter-agency coordination. However, efforts to improve coordination with land agencies, strengthen the capacity of investigators, and implement strategies based on local contexts are considered to increase the effectiveness of the investigation process. Based on these findings, the study concludes that handling unauthorized land acquisition cases requires institutional synergy and optimization of land policies to achieve legal certainty and justice for the community.
Comparison of the Indonesian Legal System with the Dutch Legal System
Comparison of legal systems is comparing two or more legal systems in other countries, so as to obtain differences and similarities between one country and another. Learning about legal systems means having to start from different legal histories, even though the rules are somewhat the same, they are definitely different. However, even if there are similar rules between one country and another, there may still be differences in procedures and philosophies The importance of studying comparative legal systems is to gain broader insight so as to gain a better understanding of the legal system and to predict whether the legal system can be applied in Indonesia or not. Broadly speaking, in this world, although there are five known legal systems, namely; Civil law, common law, socialist law, Islamic law and customary law systems, but in fact the dominant ones used in the international world are only two, namely civil law and common law systems, socialist law, Islamic law and customary law systems, but in fact only two are dominantly used in the international world, namely civil law and common law legal systems. The United States has a different structure in Indonesia so it is not suitable to be compared/applied in Indonesia. Comparative legal systems do not only compare the legal systems of one country or another but can also compare the past and present periods. For example, comparing the new law with the old law. In Indonesia, the legal system has long failed to function as it should. This is because for a long time the law has been marginalized and merely used as an ornament In fact, since the process of democratization, law is really needed and has a central role. The malfunction of the legal system has given rise to anarchism when people face the authorities, and even conflicts between communities. People are made apathetic and sometimes resort to street justice. The purpose of this research is to clarify the legal comparison between Indonesia and the Netherlands, so the following conclusions can be drawn: 1. Comparison of the Indonesian legal system and the Dutch legal system, 2. Application of the national legal system in Indonesia, which is a former Dutch colony.
The Role of the Prosecutor in Implementing the Execution of Evidence of Narcotics Crimes Confiscated for the State Based on the Value of Utility
The purpose of this study is to determine the role of the prosecutor's office in the execution of evidence in narcotics crimes confiscated for the state based on value of utility. The approach method used in this study is normative juridical. The specification of this research is descriptive and analytical. The data source used is secondary data. Secondary data is data obtained from literature research consisting of primary legal materials, secondary legal materials and tertiary legal materials, which in this case is related to the role of the prosecutor's office in the execution of evidence in narcotics crimes that are confiscated for the state based on value of utility. The results of the study show that the Prosecutor's Office has a very important role in carrying out the execution of evidence of narcotics crimes confiscated for the state can be useful for increasing Non-Tax State Revenue through direct sales or auctions, and especially for evidence in the form of narcotics can be used for the benefit of health services and/or the development of science and technology. And because of that, it is hoped that the Prosecutor's Office can professionally carry out the execution of confiscated narcotics evidence for the state so that it can provide justice, certainty, and legal benefits.
The Effectiveness of Implementing Execution Seizures as an Effort to Fulfill Criminal Fines in Excise Crimes
This study aims to analyze the implementation of execution seizure as an effort to fulfill criminal fines in excise crimes with Convict AS at the Tuban District Attorney's Office, and assess its effectiveness based on the theory of legal certainty and the theory of legal effectiveness. This study uses an empirical juridical method (socio-legal) with a qualitative approach through interviews with the Public Prosecutor who carried out the execution seizure and a review of court decisions, execution implementation documents, and relevant laws and regulations. Data are analyzed descriptively-analystically to describe the practice of execution seizure of criminal fines and assess their compliance with the normative framework. Based on the study, it is concluded that execution seizure has been implemented through asset tracing, confiscation and blocking of rights to a plot of land owned by the convict, as well as appraisal for auction purposes, but the fulfillment of criminal fines has not been completed due to differences in interpretation and disharmony in regulations regarding the recording and blocking of land rights, so that reformulation, synchronization, and strengthening of technical guidelines for prosecutors are needed so that the recovery of state losses through criminal fines for excise crimes can be more effective.
Restorative Justicein the Settlement of the Mild Assault Case by Investigators at the Bintan Police
The paradigm of criminal law enforcement has shifted from a retributive approach to a restorative approach. This study aims to analyze the implementation of Restorative Justice (RJ) by investigators in resolving cases of minor assault at the Bintan Police. The background of this study is based on the empirical fact that most cases of minor assault do not proceed to court, but are instead resolved through SP2.Lid and SP3. While the application of RJ is still very limited and has not become the primary pattern of case resolution. The method used is an empirical juridical approach with data collection techniques through in-depth interviews with investigators, victims, and perpetrators. This research is also supported by secondary data in the form of regulations such as Article 352 of the Criminal Code, Perpol No. 8 of 2021, and SEJA No. 15 of 2020. The results show that the RJ mechanism has been implemented in several cases through penal mediation, peace agreements, and the preparation of peace minutes, but has not been optimal. The main obstacles to the implementation of RJ include juridical obstacles (a lack of synchronization of legal regulations), structural obstacles (minimal training and investigator workload), and sociological obstacles (community resistance to peace mechanisms). This research suggests the importance of strengthening RJ regulations through specific legislation, increasing the capacity of investigators through penal mediation training, and involving community and traditional leaders to instill restorative justice values at the local level. Theoretically, this research contributes to strengthening a progressive legal paradigm and a legal system that is more responsive to the needs of victims' recovery and social harmony.
Legal Review of the Status of Evidence Owned by Third Parties Who Do Not Action in Good Faith in Court in General Criminal Cases
Evidence plays a significant role in the criminal trial process, even though its status is not as evidence in court as defined in Article 184 of the Criminal Procedure Code (KUHAP). However, evidence is always presented and questioned by the judge to both the defendant and witnesses during the trial. This is intended to ensure the judge is convinced to declare the defendant guilty of committing a crime or otherwise. This is also expressly stated in Article 183 of the Criminal Procedure Code (KUHAP) that a judge may not sentence a person unless at least two pieces of evidence are presented along with the judge's conviction. Therefore, the acquisition of evidence is carried out procedurally as stipulated in the Criminal Procedure Code (KUHAP). After it has been used in evidence, the judge in his decision is obliged to determine the status of the evidence, which becomes a problem when the third party who is the owner of the evidence is not present at the trial, so that if the evidence is stated by the defendant to be his property which has been used in a criminal act, the judge will declare that the evidence is confiscated for the state or destroyed, while the third party who is actually the legal owner because he was never present to provide information, has no way of resisting the determination of the status of the evidence. Evidence plays a significant role in the criminal trial process, even though its status is not as evidence in court as defined in Article 184 of the Criminal Procedure Code (KUHAP). However, evidence is always presented and questioned by the judge to both the defendant and witnesses during the trial. This is intended to ensure the judge is convinced to declare the defendant guilty of committing a crime or otherwise. This is also expressly stated in Article 183 of the Criminal Procedure Code (KUHAP) that a judge may not sentence a person unless at least two pieces of evidence are presented along with the judge's conviction. Therefore, the acquisition of evidence is carried out procedurally as stipulated in the Criminal Procedure Code (KUHAP). After it has been used in evidence, the judge in his decision is obliged to determine the status of the evidence, which becomes a problem when the third party who is the owner of the evidence is not present at the trial, so that if the evidence is stated by the defendant to be his property which has been used in a criminal act, the judge will declare that the evidence is confiscated for the state or destroyed, while the third party who is actually the legal owner because he was never present to provide information, has no way of resisting the determination of the status of the evidence.
Effectiveness of Termination of Prosecution of Child Offenders Who Commit Crimes Based on Restorative Justice
With the authority to discontinue prosecution based on restorative justice principles, the Prosecutor's Office can play a crucial role in reducing the caseload in courts while promoting restorative justice. The purpose of this study is to examine and analyze the effectiveness of discontinuing prosecutions against child offenders who commit crimes based on restorative justice. To examine and analyze law enforcement against child offenders who commit crimes in the future.This legal research employs empirical legal research methods. Empirical legal research, that is, legal research that utilizes legal principles and principles to review, observe, and analyze problems, in research, and also examines the implementation of the law in practice. Ideally, handling juvenile cases should be directed towards a more humanistic and restorative approach, placing children as subjects whose future must be protected. The effectiveness of restorative justice-based prosecution termination, as emphasized by Soerjono Soekanto, is strongly influenced by clear regulations, the competence of officers, the availability of rehabilitation facilities, and support from the community's legal culture. However, practice in Indonesia is still hampered by a retributive paradigm, limited facilities, weak coordination, and public pressure. Lessons learned from the Netherlands, Canada, and Australia show that the success of juvenile justice depends on a combination of pedagogical interventions, restorative mediation, the role of families and communities, the professionalization of officers, and the use of prison as a last resort. By adopting the flexibility of Dutch judges, Canadian diversion standards, and Australian community conferences, Indonesia can strengthen diversion, improve social infrastructure and data systems, and increase public legal literacy so that child protection runs optimally without neglecting justice for victims and the community.
Application of Additional Criminal Penalties in the Form of Replacement Fee by The Public Prosecutor in Cases of Criminal Acts of Corruption
This research is motivated by the fact that in practice, in corruption cases handled by law enforcement officers, it is difficult to find the proceeds of corruption in the form of money because the perpetrators have spent the money from corruption or used and transferred it in other forms. The proceeds from corruption in the form of money are not only obtained by the perpetrators through transfers between accounts but also money obtained in cash. Not infrequently, in the process, many perpetrators of corruption deny having received or spent and transferred it in other forms, while on the one hand, law enforcement officers in this case the Prosecutor must be able to prove in court where the money went. This research aims to: 1. find out and analyze the application of additional criminal penalties in the form of replacement money by the Public Prosecutor in corruption cases, 2. find out and analyze the effectiveness of the application of additional criminal law in the form of replacement money by the Public Prosecutor in corruption cases; This research uses an empirical legal approach with analytical descriptive research specifications, the types and sources of data are primary data through interviews and secondary data through literature studies, analytical methods and logical and systematic. The research problem is analyzed using the theory of legal certainty and the theory of legal effectiveness. Based on the research, it can be concluded: (1) The application of additional penalties in the form of replacement money by the public prosecutor in corruption cases is guided by the applicable regulations and aims to recover state financial losses; (2) The application of additional penalties in the form of replacement money by the public prosecutor in corruption cases is not effective because the recovery of state financial losses is not optimal and there is a difference between the demands by the public prosecutor and the verdict by the panel of judges regarding replacement money.
Criminal Accountability for Perpetrators of Sexual Violence Based on the Values of Justice
Criminal sanctions against perpetrators of sexual violence are a crucial tool for providing certainty, justice, and protection for victims. However, provisions in the Criminal Code and several previous sectoral laws are often deemed inadequate. The purpose of this study is to examine and analyze criminal liability for perpetrators of sexual violence based on the values of justice, and to examine and analyze obstacles and solutions in law enforcement against perpetrators of sexual violence. This legal research uses empirical legal research methods. Empirical juridical research, namely legal research that uses legal principles and principles to review, observe, and analyze problems in research, in addition to reviewing the implementation of the law in practice. Law Number 12 of 2022 concerning Criminal Acts of Sexual Violence provides more comprehensive protection than the Criminal Code because it regulates nine new forms of sexual violence and guarantees victims' rights through assistance, recovery, restitution, and legal protection. This regulation expands the means of evidence, regulates principal and additional penalties, and provides aggravating penalties for perpetrators in dominant positions, thus becoming a more effective and victim-oriented lex specialis. However, its enforcement still faces serious obstacles such as unequal power relations, patriarchal culture, stigma, lack of understanding by officials, minimal victim-friendly facilities, and limited psychological and legal services. Furthermore, lengthy bureaucracy, weak inter-agency coordination, budget constraints, disparities in facilities between regions, and victim trauma contribute to slowing down the legal process. Necessary solutions include training officers, developing victim-friendly facilities, strengthening coordination, establishing a secure digital reporting system, state support for restitution, and widespread awareness raising regarding victims' rights and the obligations of law enforcement.
Implementation of Penal Mediation in Land Grabbing Criminal Acts (Studiesdecision Number 438/Pdt.G/2021/Pn.Jkt.Utr)
Land has high economic value, and this high economic value is the reason why land is always the object of criminal acts of land grabbing. Criminal acts of land grabbing resolved through the courts have the consequence of long legal proceedings, high costs, and no guarantee that victims of land grabbing will regain ownership of their land. Penal mediation is a new alternative for resolving land grabbing disputes efficiently and optimally. However, penal mediation in land grabbing cases has not been running optimally, especially in Cirebon City. This research is a sociological juridical study. Based on the existing study, it can be seen that mediation in land grabbing cases is not regulated in the Republic of Indonesia National Police Regulation Number 8 of 2021 concerning the Handling of Criminal Acts, but is specifically regulated inPresidential Regulation of the Republic of Indonesia Number 63 of 2013 concerning the National Land Agency of the Republic of Indonesia, and Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia Number 21 of 2020 concerning the Handling and Settlement of Land Cases. Despite these regulations, mediation in resolving land grabbing cases has not been optimally implemented in the community. This is indicated by some communities resolving land grabbing disputes through criminal justice. The weakness of legal substance in the implementation of mediation regulations in land grabbing cases is that the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia Number 21 of 2020 concerning Handling and Settlement of Land Cases has not regulated the definition and elements of acts in land grabbing acts, then the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia Number 21 of 2020 concerning Handling and Settlement of Land Cases has not regulated the administrative sanctions that can be imposed on perpetrators of land grabbing by the BPN in order to protect the rights of victims of land grabbing. The weakness of the legal structure is that the role of the BPN is not yet optimal in socializing the existence of a land dispute mediation mechanism to the community, while the weakness of the legal culture is the low level of public trust in resolving land disputes through mediation at the BPN.
A Legal Analysis of the Criminal Act of Document Forgery in the Livestock Procurement Project Reflecting Restorative Justice (Case Study of Supreme Court Decision Number 555 K/Pid/2025)
This study aims to analyze the legal basis of the judge's considerations in Supreme Court Decision Number 555 K/Pid/2025 regarding the crime of falsifying documents in a livestock procurement project, and to assess whether the criminal sanctions imposed reflect the principles of restorative justice. The study uses a normative juridical method with a case study approach, focusing on the legal construction of Article 263 Paragraph (1) of the Criminal Code, legal considerations at the first, appeal, and cassation levels, as well as the relevance of criminal punishment to substantive and restorative justice. The results of the study indicate that the Supreme Court considers the fulfillment of the elements of intent, acts of falsification, and legal losses for other parties or the state. Decisions at all levels refer to legal facts and valid procedures so that the punishment is considered proportional. The sanction in the form of one year's imprisonment and court costs reflects restorative justice by balancing retributive punishment and the perpetrator's responsibility against state losses, restoration of public trust, and a preventive effect for public officials. Considerations of mitigation and aggravation emphasize the proportionality of sanctions, so that the Supreme Court's decision provides legal certainty while maintaining the integrity of public administration.
Analysis of Legal Problems of Police Policy in the Implementation of the Restorative Justice Concept
The purpose of this research is toknowing and analyzing legal problems in the police's efforts to implement the concept of restorative justiceIn this paper, the author uses a normative juridical method with descriptive analysis as the research specification. The Indonesian National Police (Polri) has adopted strategic policies to bridge and accommodate the concept of restorative justice in law enforcement, which is based on the application of progressive forms of law. The Police's efforts in actualizing the concept of restorative justice are not without problems; the development of restorative justice in Indonesia is very slow in terms of legal certainty. The problem of the concept of restorative justice will never be sufficient if it is only regulated in technical police regulations without legal legitimacy in a hierarchy at the level of law. There has been no comprehensive explanation at the level of law regarding the definition, principles, and application of criminal settlement based on restorative justice. This problem is a serious problem that raises concerns about the failure to achieve the goal of upholding justice (miscarriage of justice) for victims and perpetrators of criminal acts, which has implications for the success of the Police's efforts in taking restorative justice steps.
Legal Analysis of Law Enforcement of Motorcycle Theft Crimes Using Pawning Method, Study of Decision No. 264/Pid.B/2025/PN. Ptk
This study analyzes the crime of motorcycle theft using the pawn method and the application of criminal law in the Pontianak District Court Decision Number 264/Pid.B/2025/PN.Ptk. The study focuses on the suitability of the judge's considerations with the elements of Article 363 of the Criminal Code and the effectiveness of law enforcement in providing certainty, justice, and public protection. The study uses a normative juridical method through a case, statutory, and conceptual approach with primary and secondary legal materials. The results of the study indicate that all elements of Article 363 of the Criminal Code are proven valid through existing evidence, and the panel of judges consistently applies norms in accordance with criminal law doctrine. The criminal sentence of 1 year and 6 months is considered proportional because it reflects a balance between legal certainty and justice. The study emphasizes the need to strengthen norms, professionalism of officers, and increase public legal awareness in dealing with the rise of motor vehicle theft using the pawn method.
Implementation of Restorative Justice in Criminal Acts of Assault Based on Pancasila Justice Values (Case Study: Yogyakarta Regional Police)
Indonesia, as a state based on the rule of law and grounded in Pancasila, places the Police as the frontline of law enforcement, including in implementing restorative justice as an alternative mechanism for resolving assault cases by prioritizing restoration over retribution. The practice of restorative justice at the Regional Police of DI Yogyakarta demonstrates its alignment with restorative justice values. The objectives of this study are to identify and analyze the implementation of restorative justice in assault crimes based on Pancasila justice values at the Regional Police of DI Yogyakarta, and to examine the obstacles and solutions in implementing restorative justice in such cases within the same institution. The research method used in this thesis is a socio-legal approach. The theories employed include the theory of Pancasila justice and the theory of legal effectiveness. The findings of this research are as follows: The implementation of restorative justice in assault cases at the Regional Police of DI Yogyakarta is already aligned with justice values and the principles of Pancasila. Through the use of police discretion reinforced by Regulation of the Chief of Police (Perkapolri) No. 8 of 2021, the settlement of assault cases at the DI Yogyakarta Regional Police is no longer solely dependent on criminal punishment, but rather focuses on restoring harm through peace agreements. The involvement of victims, offenders, religious leaders, community leaders, and internal police supervisors shows that the restorative justice process is positioned as a deliberative mechanism that respects human dignity and reflects Pancasila values. The obstacles to implementing restorative justice in assault cases at the Regional Police of DI Yogyakarta include: from the legal aspect, the absence of explicit regulation on restorative justice in the Criminal Procedure Code (KUHAP); from the law enforcement aspect, limited investigator capacity and a predominantly retributive mindset, coupled with layered and time-consuming administrative procedures for restorative justice, hinder the realization of the principles of quick, simple, and low-cost justice; from the facilities and infrastructure aspect, although the DI Yogyakarta Regional Police possesses relatively adequate facilities; and from the societal and cultural aspect, a mindset that glorifies imprisonment and perceives peace agreements as a form of “legal weakening” results in low acceptance of restorative justice, evidenced by only two cases resolved restoratively during the 2022-2025 period.