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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.
The Effectiveness of Implementing Restorative Justice in Resolving Theft Criminal Acts Based on Benefit (Case Study of The Grobogan District Attorney's Office)
The concept of restorative justice is an alternative approach within the criminal justice system that aims to resolve criminal cases. Restorative justice emphasizes the integration of the perpetrator, victim, and community as a whole, in order to find solutions and restore harmonious relationships between the perpetrator and victim. Currently, restorative justice is increasingly being applied in resolving criminal cases. This is due to a paradigm shift in criminal law enforcement from retributive justice to restorative justice. This raises questions about how to apply the concept of restorative justice, its weaknesses, and the effectiveness of the concept of expediency-based restorative justice. The results of the discussion related to the problem concluded that the application of Restorative Justice in resolving the crime of theft is carried out through a penal mediation mechanism involving the perpetrator, victim, and law enforcement officers where the application of Restorative Justice faces significant weaknesses where in addition to not being regulated in the Criminal Procedure Code, there is ambiguity especially related to Article 5 paragraph (5) of Prosecutor's Regulation Number 15 of 2020, which does not provide clear guidelines or parameters for the Public Prosecutor in determining cases that can be stopped through a restorative justice approach. In addition, practical obstacles such as difficulty in building trust between the perpetrator and victim and low public legal understanding also affect the effectiveness of the implementation of this regulation, however, related to the effectiveness of the application of Restorative Justice based on benefits is seen in the reduced burden of petty theft cases in court and the acceleration of victim's loss recovery. However, this effectiveness still requires strengthening the support system to be consistent and sustainable.
The Effectiveness of Criminal Punishment and Rehabilitation Measures for Children as Narcotics Addicts, Reviewed from The Perspective of Child Protection Law (Study of Decision No. 60/Pid.Sus-Anak/2022/Pn Btm)
The increasing involvement of children in drug abuse is a worrying issue in Indonesia's child protection system. Children who become involved in drugs are not essentially perpetrators of crimes, but rather victims in need of recovery and support. This study was conducted to examine how rehabilitation punishment is applied to children addicted to drugs and the extent to which this mechanism reflects the principles of child protection as mandated by law. The main objective of this study is to understand the effectiveness of rehabilitation punishment in restoring children's condition, protecting their future, and realizing humane justice through a study of Decision No. 60/Pid.Sus-Anak/2022/PN Btm. This research employs a normative legal research method with a case study approach. The analysis examines relevant legal regulations, legal doctrine, and the judge's reasoning in the relevant decision. This approach is combined with an examination of child protection principles and the concept of restorative justice, which serve as the primary basis for handling children in conflict with the law (the best interest of the child). Therefore, this research relies not only on written norms but also on humanitarian values and the social purpose of criminal punishment. The research findings indicate that rehabilitation-based punishment is fundamentally aligned with the principle of the best interests of the child and the restorative justice paradigm. Rehabilitation is considered more capable of meeting children's physical, mental, and social recovery needs than repressive punishment. However, its effectiveness still faces various challenges, such as limited rehabilitation facilities, weak inter-agency coordination, and suboptimal post-rehabilitation support and supervision. Therefore, the success of rehabilitation depends heavily on the quality of implementation, policy support, and the system's commitment to truly positioning children as subjects who must be protected.
The Role of The Prosecutor in Case Settlement Criminal Acts of Drug Abuse with a Restorative Justice Approach (Case Study at The Kulon Progo District Attorney's Office)
The prosecutor has a very vital and central role in carrying out the enforcement of law, especially in the application of Restorative Justice in Criminal Acts. The settlement of cases carried out by the Prosecutor against narcotics users is not only about punishing the perpetrators, but also provides the opportunity to rehabilitate, especially for users who are trapped in dependency problems who are not perpetrators involved in the production and distribution of narcotics. The approaches used in this writing are the statute approach, the conceptual approach, and the document analysis approach. This study uses a problem formulation, namely the Role of the Prosecutor's Office in Solving Narcotics Abuse Criminal Cases with a Restorative Justice Approach; Weaknesses in the Settlement of Narcotics Abuse Criminal Cases with a Restorative Justice Approach; The Role of the Prosecutor's Office in Solving Narcotics Abuse Criminal Cases with a Restorative Justice Approach in the future. The approach method used is normative juridical, the research specification is descriptive analytical. Data types and sources use primary data and secondary data. The data collection method is carried out through literature studies and the data analysis method is qualitative analysis. The theories to analyze the research are authority theory, legal system theory, and restorative justice theory. Based on the results of the study, it can be concluded that the Prosecutor's Office has a major role in determining the termination of prosecution for narcotics addicts with rehabilitation conditions, as a link between law enforcement and rehabilitation needs. However, restorative justice practices still face judicial constraints, inter-institutional coordination, capacity of rehabilitation facilities, as well as social influence and post-rehabilitation monitoring. In the future, the role of the Prosecutor's Office is expected to be more strategic and comprehensive by strengthening mechanisms, coordination, and rehabilitation capacity so that case settlement is fairer, more effective, and supports the social recovery of suspects and community protection.
Legal Analysis of Criminal Case Settlement Through Restorative Justice in The Jurisdiction of The Kepri Regional Police
This study performs a juridical analysis of the implementation of Restorative Justice (RJ) in resolving criminal offenses within the jurisdiction of the Riau Islands Regional Police (Polda Kepri). Restorative Justice is positioned as an alternative approach to the traditional penal system, shifting the focus from retribution to the repair of harm caused by the crime and the needs of the victims and offenders. This method emphasizes dialogue, mediation, and active participation from the parties involved, aiming for a consensus-based resolution that offers a more holistic sense of justice. The research employed a normative juridical approach, drawing on primary and secondary legal materials, including laws, regulations, circular letters from the Indonesian National Police (POLRI), legal theories, and scholarly literature related to procedural criminal law and restorative justice. The primary objective was to examine the legal framework, mechanisms, and challenges encountered by investigators in applying RJ as a means of terminating or concluding investigations (seizing the investigation). The findings indicate that while the implementation of Restorative Justice in Polda Kepri is formally supported by POLRI regulations (eg, POLRI Chief's Circular Letter No. SE/2/II/2021 on the Implementation of Restorative Justice in the Judicial Process for Criminal Acts), its application remains highly reliant on the discretion of the investigators and is constrained by specific criteria, such as the type of crime, the value of the loss, and the absence of recidivism. The study concludes that the application of RJ successfully enhances the efficiency of the criminal justice system and fosters a more humane form of justice, but it requires further legislative reinforcement and standardized, mandatory procedural guidelines to ensure consistency, accountability, and legal certainty across all investigative units in the region.
Criminal Liability of Corporations in Criminal Acts of Production and Distribution of Industrial Goods/Services Not in Accordance with Indonesian National Standards (Study of Decision Number 138/Pid.Sus/2023/Pn Skh)
Corporate criminal liability in special laws outside the Criminal Code contains legal weaknesses in the implementation stage of law enforcement. This study aims to analyze the legal construction, corporate criminal liability, and the challenges and solutions to the criminal case of production and distribution of goods or services that do not comply with SNI in Decision Number 138/Pid.Sus/2023/PN Skh. The sociological legal research method was used to identify the problematic issues in the a quo case. The analytical orientation uses a statutory regulatory approach related to the legal issue. The theory of law enforcement and corporate criminal liability is elaborated in such a way as to explain the problems studied. The findings obtained, first, the legal construction of the a quo case applies Article 120 paragraph (1) in conjunction with Article 53 paragraph (1) letter b of Law Number 3 of 2014 concerning Industry, Article 113 in conjunction with Article 57 paragraph (2) of Law Number 7 of 2014 concerning Trade and Article 62 paragraph (1) in conjunction with Article 8 paragraph (1) letter a of Law Number 8 of 1999 concerning Consumer Protection. The Panel of Judges believes the defendant violated the provisions of the Industrial Law. Second, criminal liability in the a quo case uses a strict liability approach. Third, the main obstacle is the overlapping legal formulation of corporate crimes in special laws outside the Criminal Code. The proposed solution is harmonization of joint regulations in law enforcement of corporate crimes.
Legal Protection for Victims of Sexual Violence Who Undergo Abortion from The Perspective of Health Law and Human Rights (Comparison of National and International Law)
This research aims to analyze the legal protection for victims of sexual violence who undergo abortion from the perspectives of health law and human rights, while comparing Indonesian national law with international legal standards. This study employs normative legal research with a comparative legal approach. The findings indicate that although Indonesian regulations (Health Law and Sexual Violence Crimes Law/UU TPKS) provide legal avenues for safe abortion for rape victims, implementation remains hindered by social stigma, bureaucratic hurdles, and conflicting moral norms. A comparison with international instruments, such as the CEDAW Convention and UN General Comments, reveals a shift from mere health protection toward the fulfillment of reproductive rights as fundamental human rights. The study concludes that there is an urgent need for regulatory harmonization that is more flexible and trauma-sensitive to ensure access to safe abortion without the threat of criminalization.
Effectiveness of Monitoring the Entry and Exit of Motor Vehicles to and from the Batam Free Trade Area and Free Port
Smuggling of goods not only harms the state finances but also violates the social and economic rights of the community. To safeguard state finances and the economy in society, strict regulations are necessary to create a deterrent effect against perpetrators of smuggling who have clearly damaged the state finances. The research problems aim to: 1. Identify and analyze the effectiveness of the Government Regulation on the Batam Free Trade Zone and Free Port (KPBPB); 2. Identify and analyze the supervision of the entry and exit of motor vehicles to and from the Free Trade Zone and Free Port in the Batam Free Trade Zone and Free Port. This research uses an empirical juridical approach with descriptive-analytical methods, collecting primary data through interviews and secondary data via library studies. The data is analyzed qualitatively using logical and systematic methods. Research problems are analyzed using theories of legal certainty, legal effectiveness, and trade facilitation. Based on the research results, it can be concluded that: (1) KPBPB aims to enhance economic competitiveness and investment, but its implementation is hindered by, among others, complex regulations. The solution is regulatory revision through service acceleration. Presidential Regulation no. 1 of 2024 serves as the main guideline for KPBPB development. Supervision of motor vehicles in the FTZ at Batam KPBPB is crucial for free trade zone policies to boost competitiveness and investment. Green-plated vehicles with FTZ stamps may only operate within the zone and must pay taxes upon exit, supervised by KPPBC through preventive-repressive approaches and inter-agency cooperation. Main challenges include complex regulations, limited human resources/facilities, low legal awareness, and violations such as cigarette/alcohol smuggling that harm the state.
Effectiveness of Termination of Investigations of Narcotics Addicts in The Framework of Restorative Justice Based on Benefit Value
This study aims to analyze the effectiveness of terminating investigations for drug addicts within a restorative justice framework that prioritizes utility. The enactment of various regulations, such as Law Number 35 of 2009 concerning Narcotics, the 2014 Joint Regulation of Seven Institutions, and the integrated assessment policy, have encouraged a paradigm shift that drug addicts are not merely criminals but individuals in need of recovery. However, in practice, the implementation of restorative justice for drug addicts still faces various challenges, including overlapping regulations, limited understanding among law enforcement officials, limited rehabilitation facilities, social stigma, and a suboptimal integrated assessment mechanism. This study uses a normative juridical approach combined with an empirical approach through interviews with law enforcement officials, health workers, and relevant parties. The results indicate that restorative justice-based investigation termination can provide significant benefits for drug addicts, their families, and the state by reducing the burden of punishment, increasing rehabilitation effectiveness, and preventing institutional overcrowding Correctional institutions. However, this effectiveness has not been achieved optimally due to weak inter-agency coordination, a lack of uniform technical guidelines, and limited rehabilitation facilities in various regions. The application of restorative justice in the termination of drug investigations has great potential to realize expedition-oriented justice, but requires strengthened regulations, increased officer capacity, provision of rehabilitation facilities, and cross-sector collaboration for optimal implementation.
Criminal Responsibility of Perpetrators of Aggravated Theft from The Perspective of The KUHP and Islamic Law (Decision Number 68/Pid.B/2024/Pn Soe)
This research examines a real case adjudicated by the Soe District Court through Decision Number 68/Pid.B/2024/PN Soe, which demonstrates how the aggravating elements were legally proven while also opening space for discussion on substantive justice when the offender acts under social pressure. Therefore, analyzing the criminal liability in this case becomes essential to understand the extent to which the law functions not only as an instrument of punishment but also as a means of achieving humane and contextual justice based on the perspectives of the Indonesian Criminal Code (KUHP) and Islamic law, as well as to assess the relevance of a hybrid judicial model in creating substantive justice. This research employs a normative legal method using the statute approach, conceptual approach, and case-based jurisprudential analysis, supported by primary and secondary legal materials. The findings indicate that under the Criminal Code, the perpetrator is proven to have fulfilled the elements of Article 363, thereby bearing full criminal responsibility; whereas from the perspective of Islamic law, the act constitutes a jarīmah sariqah but does not meet the requirements of hudūd, making ta'zīr the appropriate sanction. This study further concludes that a hybrid sentencing model integrating the principles of positive law and Islamic law offers a more proportional, contextual, and socially restorative approach to criminal punishment.
Legal Analysis of Investigation of Fishery Criminal Acts Without a Business License (Police Report Study No: Lp/A/398/Ix/2021/Spkt.Ditpolairud/Polda Jawa Tengah)
Despite its enormous potential, Indonesia's fisheries sector, particularly its marine resources, still faces serious challenges. One such challenge is illegal, unreported, and unregulated fishing practices, including fishing businesses operating without valid permits. This research aims to analyze the legal construction, implementation of investigations, and challenges and solutions to the fisheries crime case in Police Report No. LP/A/398/IX/2021/SPKT.Ditpolairud/Polda Central Java. A normative legal research method was used to identify the problematic issues in the a quo case. The analysis utilized a statute approach (statutory regulations) related to the legal issues. The research results and discussion indicate that the construction of the fisheries crime without a business permit in Police Report No. LP/A/398/IX/ 2021/SPKT.Ditpolairud/Polda Jawa Tengah is based on the legal norm of Article 26 paragraph (1), which is systematically constructed with Article 92 of Law No. 11 of 2020 concerning Job Creation. The legal formulation of these two legal norms contains the principles of Legality (Criminal Act) and Culpability (Fault). The implementation of the investigation into the crime of fishing without a business permit in Police Report No: LP/A/398/IX/2021/SPKT.Ditpolairud/Polda Jawa Tengah, meets the criteria of the provisions in the Republic of Indonesia Police Regulation No. 6 of 2019 concerning the investigation of criminal acts. Obstacles in implementing the investigation of the a quo case stem from the legal substance of the article violated by the perpetrator, which is interpreted towards administrative crimes, so that the punishment tends to be a fine. In other words, imprisonment is the ultimum remedy. Legal structural obstacles include difficulties in securing evidence of Clear Lobster Seeds (BBL). Legal cultural obstacles stem from the legal culture of the community that prefers economic incentives over concern for the diversity of fisheries blessings. The solution to implementing the investigation of illegal fishing crimes, as outlined in Police Report No. LP/A/398/IX/2021/SPKT.Ditpolairud/Polda Central Java, requires joint guidance among law enforcement agencies to achieve a shared understanding of risk-based business licensing under the Job Creation Law. The legal structure requires professional investigators to interpret the legal norms of risk-based licensing, due to the gray area between administrative crimes and the doctrine of ultimum remedy in criminal policy. Systematic and ongoing education is needed to ensure the legal culture of the community understands that the blessings of fisheries are part of the future generation.
Legal Analysis of Criminal Acts Corruption Against Credit Customers/Debtors of The Limited Liability Company Bank Perekonomian Rakyat Jepara Artha (Perseroda)
This study examines the juridical aspects of corruption involving credit/debtor customers at PT BPR Bank Jepara Artha (Perseroda) and the legal efforts to protect customers and sanction perpetrators. The research employs a normative legal approach by analyzing legislation, legal literature, research journals, and reports on banking corruption cases. The study focuses on identifying the modus operandi of fictitious credit, the role of bank employees, and the involvement of customers in corrupt practices. The findings indicate that corruption in fictitious credit cases causes significant losses to both the bank and its customers, and perpetrators can be prosecuted under Law No. 31 of 1999 jo. Law No. 20 of 2001 concerning the Eradication of Corruption Crimes. The effectiveness of legal protection for customers depends on the implementation of good corporate governance principles, internal and external audits, and whistleblowing mechanisms. Preventive and repressive legal measures must be implemented simultaneously to ensure the bank's internal oversight functions optimally and perpetrators are prosecuted fairly. The study recommends strengthening internal supervision mechanisms, providing integrity training for employees, offering legal assistance to affected customers, and enhancing coordination among law enforcement agencies to minimize the risks of collusion and document manipulation. A comprehensive legal approach is expected to improve customer protection while ensuring justice for perpetrators of corruption. This research contributes to the development of legal protection theory and its implementation in the banking sector.
Formulation of Criminal Sanctions Against Perpetrators of The Criminal Acts of Theft with Violence in Indonesian Criminal Law
Violent theft continues to be addressed through an approach that prioritizes punishing the offender, while the recovery of the victim's losses through restitution has not been effectively implemented. Regulatory improvements and judicial practices are needed so that criminal sanctions not only create a deterrent effect but also restore the victim's rights and reestablish social balance comprehensively. The purpose of this research is to identify and analyze the application of criminal sanctions against perpetrators of violent theft in Indonesia's current criminal law system, as well as to examine and analyze the ideal concept for implementing such sanctions within the Indonesian criminal justice framework. The approach used in preparing this thesis is normative juridical research. The specification of this study is descriptive-analytical. Theories employed include the legal system theory and the theory of justice. The findings of this research show that the application of criminal sanctions against perpetrators of violent theft in Indonesia is currently based on Article 365 of the Criminal Code (KUHP) and places strong emphasis on legal certainty through processes of investigation, prosecution, and sentencing that adhere to the principles of legality and the presumption of. Judges impose punishment based on evidentiary standards and prevailing theories of sentencing, whether retributive, utilitarian, or a combination of both. However, the current orientation of punishment remains focused more on penalizing the offender than on restoring the victim, resulting in the legal system falling short of achieving its goal of restoring social balance. The ideal concept of implementing criminal sanctions should prioritize victim recovery, ensuring that punishment is not limited to imprisonment but also includes the restoration of both material and immaterial losses suffered by victims. The mechanisms for restitution and compensation must be made simpler, faster, and better integrated through the harmonization of the Criminal Code, KUHAP, and Law No. 31 of 2014 so that victims' rights are protected without procedural obstacles. By balancing legal certainty, justice, and utility, criminal sanctions function not only as retribution but also as a means of social restoration that reinstates the victim's sense of security and dignity.
Legal Analysis of Sentence Imposing in Narcotics Cases from The Perspective of Islamic Justice, Religious Values, and Criminal Law (Study of Decision No. 86/Pid.Sus/2025/Pn Skw)
This study aims to analyze the judicial considerations underlying the sentencing of the defendant in Decision No. 86/Pid.Sus/2025/PN Singkawang, particularly regarding the application of Article 112 paragraph (2) of Law No. 35 of 2009 on Narcotics, and to assess whether the imposed punishment reflects a sense of justice and adequate protection for society from narcotics-related harms. The primary focus of the research is to examine the defendant's role, the evidentiary fulfillment of the criminal elements, and the relevance of the verdict to modern penal objectives and principles of justice. This research employs a normative juridical method with case, statutory, and conceptual approaches, allowing for a comprehensive assessment of the legal reasoning adopted by the judge and its alignment with criminal law doctrines and substantive justice. Through literature review, case analysis, and theoretical examination, the study evaluates the consistency of the applied legal norms and their relevance within the broader framework of Indonesia's narcotics law enforcement. The findings indicate that the judge imposed a five-year imprisonment sentence and a fine of Rp. 1,000,000,000 proportionally based on the defendant's position as a low-level narcotics distributor, considering the quantity of evidence, the defendant's involvement, and the social harm caused. Mitigating and aggravating factors were weighed fairly, leading to a decision that meets both legal certainty and substantive justice.
Legal Review of Corporate Criminal Liability in Traffic Accidents and The Concept of Law Enforcement Reviewed Based on Law Number 22 of 2009 Concerning Road Traffic and Transportation
This study examines the regulation and implementation of corporate criminal liability in traffic accident cases based on Law Number 22 of 2009 concerning Traffic and Road Transportation (LLAJ Law), with a case study at the Cirebon City Police. Theoretically, this research employs Peter Salim's Theory of Legal Responsibility and Soerjono Soekanto's Theory of Law Enforcement. The analysis shows that although the LLAJ Law provides a strong legal basis for prosecuting corporations through the obligation to ensure vehicle roadworthiness and operational safety, field implementation still faces significant obstacles. Law enforcement tends to be individualistic, focusing solely on the driver as the suspect. The main barriers include limited investigator competence in identifying corporate structural negligence, a lack of technical identification facilities, and a legal culture that does not yet demand corporate accountability. Proposed strategies to achieve legal certainty, justice, and public protection include strengthening structural audits of company management, enhancing investigators' technical capacity, and integrating administrative vehicle data between the police and the transportation department.
Requirements and Procedures for Submitting a Request for Consumer Disputes Regarding Products and Services Through the Consumer Dispute Resolution Agency (BPSK)
This study aims to determine and analyze the requirements and procedures for submitting consumer dispute resolution for service products through the Consumer Dispute Resolution Agency (BPSK), specifically in Semarang City. The urgency of this research is based on the fact that in the relationship between consumers and service product business actors often arise problems that are detrimental to consumers, while dispute resolution through litigation in court is considered time-consuming, expensive, and complicated procedures. BPSK as an alternative dispute resolution institution exists to provide legal protection with a fast, inexpensive, and simple mechanism. The research method used is an empirical juridical method with a qualitative approach. Primary data was obtained through interviews with BPSK Semarang City, consumers, and business actors who have had disputes. Meanwhile, secondary data was obtained through literature studies in the form of laws and regulations, legal literature, and related official documents. The analysis was conducted descriptively and analytically to describe practices in the field and compare them with applicable legal provisions.
Legal Analysis of The Prosecutor's Role in Efforts to Resolute Cases of Criminal Assault Through Restorative Justice (Study of Semarang District Prosecutor's Office)
This research is based on the need for a penal approach that prioritizes recovery, not retaliation. Especially against the criminal acts of persecution that often occur in Indonesian society. The purpose of this study is to analyze the role of the Prosecutor's Office in efforts to resolve cases of criminal acts of persecution through restorative justice based on the Prosecutor's Regulation of the Republic of Indonesia Number 15 of 2020 concerning the Termination of Prosecution Based on Restorative Justice, analyze how the weaknesses of the implementation of efforts to resolve criminal cases of persecution through restorative justice, and analyze the role of the Prosecutor's Office in efforts to resolve cases of criminal acts of persecution through restorative justice in the future. This study uses a sociological juridical approach method that identifies the law and examines the effectiveness of the law in society through empirical data. The results of this study show that the Prosecutor's Office plays a key role in the dominus litis authority possessed by the prosecutor to pursue cases of criminal acts of persecution through restorative justice, starting from assessing the feasibility of the case, facilitating the mediation/dialogue process, to the issuance of a Decree of Termination of Prosecution (SKP-2). However, in its implementation, the Prosecutor's Office still faces various weaknesses such as normative, structural, technical, and cultural/cultural weaknesses. This study also found that the arrival of the new Criminal Code brings fresh air to the Prosecutor's Office because it opens up great opportunities for strengthening the role of the Prosecutor's Office in making restorative justice the main approach in efforts to resolve cases of criminal acts of persecution.
Settlement of Criminal Acts in The Law Enforcement Process Based on Restorative Justice (Research Study at Langkat Resort Police)
Handling of criminal acts that can be stopped by investigation based on restorative justice in Article 4 paragraph (2) letter f of Police Regulation Number 8 of 2021 concerning Handling of Criminal Acts based on Restorative Justice. The general requirements for handling criminal acts based on restorative justice regarding crimes against life cannot be resolved by handling criminal acts based on restorative justice. However, in the process of resolving cases of crimes against life by the Langkat Police, legally and applying applicable legal provisions, the resolution of this case is also often carried out based on restorative justice through channels outside the court or in other words resolved through peace (islah) between the parties. The formulation of the research problem is how to resolve criminal acts in the law enforcement process based on restorative justice, and how is the implementation of the resolution of criminal acts in the law enforcement process based on restorative justice by the Langkat Police Resort? The approaches used in this research are normative-juridical and empirical. Normative-juridical research refers to legislation and utilizes secondary data. Empirical research, on the other hand, is field research utilizing primary data. The results of this study can be concluded that the resolution of criminal acts in the law enforcement process based on restorative justice. The Indonesian National Police (Polri) has outlined standards for using a restorative justice approach for violations or minor crimes, namely Polri Regulation Number 8 of 2021 concerning Handling of Criminal Acts based on Restorative Justice. The general requirements for handling criminal acts based on restorative justice include material and formal requirements. Material requirements include: Not causing unrest and/or rejection from the community; Not impacting social conflict; Not having the potential to divide the nation; Not being radicalism and separatism; Not being a repeat offender of a crime based on a court decision; and Not being a criminal act of terrorism, a crime against state security, a criminal act of corruption, and a crime against human life. For general requirements, handling criminal acts based on restorative justice in the form of formal requirements, include: Peace from both parties proven by a peace agreement and signed by the parties, except for narcotics crimes; and Fulfillment of the rights of victims and the responsibilities of the perpetrators, in the form of returning goods, compensating for losses, reimbursing costs incurred as a result of the crime and/or replacing damage caused by the crime. Proven by a written statement in accordance with the agreement signed by the victim (except for narcotics crimes). Implementation of criminal settlement in the law enforcement process based on restorative justice by the Langkat Police Resort insettlement of crimes against life in the investigation process in the police there are limitations for handling crimes that can be stopped by investigation based on restorative justice, but in reality many occur in society the settlement of crimes against life is based on penal mediation, but has not been accommodated by a regulation for the sake of legal force and certainty. peace in criminal cases against life, with forgiveness, and compensation by the perpetrator to the victim and the victim accepts sincerely and forgives the perpetrator, in fact there are no more parties who are harmed and the reprehensible nature of the perpetrator's actions is lost because of the good faith of the perpetrator to apologize and take responsibility for his actions. Related to the purpose of punishment, peace in resolving disputes is in line with the purpose of punishment, especially as a means of resolving conflicts, restoring balance and bringing a sense of peace in society.
Analysis of The Authority of Wire breaking by The Prosecutor's Office in The Process of Enforcement of Corruption Law
This research analyzes the authority of wiretapping by the Indonesian Attorney General's Office in the process of enforcing corruption criminal law, especially following the amendments in Law Number 11 of 2021. Indonesia, as a state based on law, mandates professional and integrity-driven law enforcement, where the Attorney General's Office plays a crucial role in prosecutors and other authorities. The amendments to the attorney general's law grant additional authorities, including wiretapping, which has sparked debate among the public, particularly concerning potential human rights violations. Evidence in criminal cases is a critical stage requiring valid evidentiary tools. Wiretapping, as a form of electronic evidence, holds significant potential in uncovering corruption crimes, yet its regulations are still overlapping and not fully detailed. This study aims to reconstruct the regulations concerning the Attorney General's Office's wiretapping authority, identify existing weaknesses, and formulate an ideal future regulatory framework for wiretapping in handling corruption cases. Employing a normative legal research method and a statutory approach, this research analyzes relevant laws and regulations, theories of authority, rule of law, evidence, and law enforcement. The analysis reveals that although the ITE Law and Constitutional Court decisions have expanded the recognition of electronic evidence, gaps remain in the technical regulations and oversight of wiretapping implementation by the Attorney General's Office. Regulatory reconstruction is necessary to ensure that wiretapping authority aligns with the principles of due process of law and the protection of privacy rights, thereby strengthening the effectiveness of evidence in corruption cases.
Analysis of Sanctions for Rehabilitation Measures Against Narcotics Addicts Based on Justice Values
The mandatory nature of medical and social rehabilitation should serve as an essential basis for judges when deciding cases involving victims and narcotics abusers. The purpose of this research is to identify and analyze the regulatory framework governing rehabilitation measures for narcotics addicts in Indonesia, as well as to examine the ideal concept of law enforcement toward narcotics addicts based on the value of justice. This study employs an empirical legal research method, namely a juridical-empirical approach that uses legal principles to review, observe, and analyze legal issues while also examining the implementation of the law in practice. Rehabilitation regulations for addicts are actually provided under Law No. 35 of 2009 through Articles 54, 55, and 103, supported by assessment mechanisms and mandatory reporting; however, their implementation has been ineffective because judicial practice still prioritizes imprisonment. The double-track system, which allows rehabilitation as an alternative measure, is often overlooked due to the ambiguous interpretation of Articles 112 and 127 and the prevailing repressive approach of law enforcement officials. Addicts who should be treated as patients remain vulnerable to criminalization due to weak initial medical screening, poor inter-agency coordination, and inadequate rehabilitation facilities, especially within correctional institutions. Comparisons with the Netherlands and Portugal show that a public-health-based approach is more effective, where users are not criminalized but immediately directed to recovery services, while enforcement focuses strictly on traffickers. Indonesia's lag in adopting this paradigm is driven by a strong punitive culture and public misconceptions that imprisonment is the solution, preventing the realization of substantive justice for addicts.
Analysis of Criminal Responsibility for Perpetrators of Village Fund Corruption (Decision Study: 67/Pid.Sus-Tpk/2025/Pt Sby)
Indonesia, as a state based on the rule of law grounded in Pancasila and the 1945 Constitution, continues to face the detrimental impacts of village-fund corruption, which undermines governmental governance and obstructs the realization of social welfare objectives. The complexity of Village Fund misuse, as reflected in Decision No. 67/Pid.Sus-TPK/2025/PT SBY, illustrates the fragility of village-level integrity, thereby necessitating a focused analysis on the criminal liability of offenders to strengthen criminal law policies in Village Fund management. This research aims to analyze the criminal liability of perpetrators of Village Fund corruption and to examine the judicial considerations in imposing sentences on offenders involved in Village Fund corruption cases. The methodology applied in the preparation of this thesis is Normative Legal Research. The research specification is descriptive-analytical. Theories employed include the Theory of Criminal Liability and the Theory of Punishment. The results of this research show that the criminal liability of the perpetrators of Village Fund corruption in Decision No. 67/Pid.Sus-TPK/2025/PT SBY demonstrates that all elements of fault under criminal law doctrine were fulfilled by the defendant, DW. As the Head of Crabak Village, DW consciously abused his authority by personally controlling the disbursement and use of Village Funds, sidelining the roles of the treasurer and the Village Activity Management Team (TPK), preparing fictitious accountability reports supported by fake invoices and supplier identities, and carrying out mark-ups and fictitious activities, which resulted in state financial losses amounting to IDR 343,800,596.60. DW possessed criminal responsibility capacity as an adult who was mentally and physically sound and fully understood the functions of his office; his actions constituted unlawful conduct carried out intentionally (dolus) rather than mere administrative negligence; and no justification or excuse was present to eliminate his criminal responsibility. This decision reinforces the function of criminal liability as an instrument to uphold the rule of law, safeguard state finances, and restore public trust in the integrity of Village Fund governance. The judicial considerations in sentencing perpetrators of Village Fund corruption in Decision No. 67/Pid.Sus-TPK/2025/PT SBY demonstrates the exercise of judicial authority aligned with the objectives of punishment and the principle of legal certainty. The Panel of Judges first systematically assessed the requirements for criminal liability, including the fulfillment of the element of "any person," the existence of unlawful conduct, abuse of authority, acts of self-enrichment or enriching others, and the occurrence of state financial loss as specified in Article 3 in conjunction with Article 18 of the Anti-Corruption Law. All of these were proven through witness testimony, expert testimony, documentary evidence, indications, BPKP audit results, and the defendant's statements. At the same time, the Judges considered humanitarian aspects by taking into account mitigating factors such as cooperative behavior, a clean criminal record, and good faith in returning part of the state losses, without ignoring aggravating circumstances such as the abuse of public office and the substantial amount of state financial loss.
Implementation of The Distribution of Rights of Substitute Heirs (Mawalli) in North Pontianak District, Pontianak City
The thesis discusses the Implementation of Distributive Rights for Substitute Heirs (Mawalli) in North Pontianak District, Pontianak City. The objectives of the research are to understand and analyze the application of Article No. 185 of the Compilation of Islamic Law (KHI) in North Pontianak District, Pontianak City, and to understand and analyze the implementation of the distribution of rights for substitute heirs (mawalli) in North Pontianak District, Pontianak City. The research utilized a juridical-empirical approach, gathering facts from human behavior, including verbal behavior based on informant interviews and actual behavior resulting from direct observation. It employed a qualitative research type and utilized both primary and secondary data. The research findings essentially conclude that the provisions of Article No. 185 of the KHI are not implemented, which leads to a loss of justice and legal protection in the distribution of inheritance rights for substitute heirs. The substitute heirs are often regarded as weak heirs and are blocked (hijab) from the testator because their parent passed away before their grandparent. The study found that 1) The application of Article No.185 KHI has not been executed in North Pontianak District, Pontianak City, resulting in substitute heirs never receiving their inheritance rights. 2) In the implementation of the distribution of rights for substitute heirs (mawalli), not only are they denied their rights, but their existence is often unacknowledged or rejected by the primary heirs, as they are viewed as weak heirs.
Criminal Law Policy in an Effort to Hand the Criminal Act of Cohabitation Without Marriage Family from the Perspective of Indonesian Criminal Law Reform
The rapid evolution of criminal behavior has drawn considerable public attention to the issue of cohabitation without legal marital ties. Up to the year 2025, criminal law policy in Indonesia has not yet specifically regulated the criminal act of cohabitation. However, in its development, the practice of cohabitation has undergone significant changes in both form and manner. This legal study addresses two main issues: first, how criminal law policy regulates the criminal act of cohabitation under the current Indonesian positive law; and second, how criminal law policy should address the criminal act of cohabitation from the perspective of Indonesian criminal law reform. This research employs a normative juridical method to answer both of these issues. The data collection method used is a literature study based on primary legal materials. The findings of the study indicate that, to date, criminal law policy concerning the offense of cohabitation has not been expressly regulated and has only been associated with offenses against decency or adultery. However, in the upcoming Indonesian Criminal Code (Law No. 1 of 2023), specifically Article 412, there is a provision that regulates the criminal act of cohabitation, which can serve as a legal basis for law enforcement in handling this offense. In the future, the idea of criminal law reform through the reformulation of provisions on the criminal act of cohabitation should involve classifying cohabitation as an ordinary offense and imposing heavier criminal sanctions, while taking into account sociological, historical, and comparative approaches.
Legal Analysis of The Event of Every Person Who Intentionally Drives a Motor Vehicle in a Manner or in a Circumstance That Results in a Traffic Accident with Death, By Studying Decision Number 71/Pid.Sus/2025/Pn/Cilacap
This research aims to analyze the application of Article 311 paragraph (5) of Law No. 22 of 2009 to drivers who operate motor vehicles under the influence of alcohol resulting in death, particularly through an examination of the Cilacap District Court Decision No. 71/Pid.Sus/2025/PN Clp, as well as to assess the extent to which this provision protects the public and reflects the function of criminal law in the context of traffic safety. This study employs a normative juridical method through an examination of statutory regulations, doctrines of intent and negligence, the principle of legality, and relevant legal literature, complemented by an empirical juridical approach through an in-depth analysis of the facts and judicial considerations presented in the Cilacap District Court Decision No. 71/Pid.Sus/2025/PN Clp. The findings indicate that the application of Article 311 paragraph (5) has been executed accurately and proportionally, as the panel of judges successfully established the element of intent in the form of dolus eventualis, considering that the defendant was aware of the fatal risks of driving while intoxicated; at the same time, the study underscores the importance of maintaining a clear distinction between intent and negligence to prevent interpretative expansion that would conflict with the principle of legality.
Legal Analysis of The Formation of Regulations Red and White Cooperative to Improve the Welfare of Village Communities
This study analyzes the regulatory framework governing the establishment of the Koperasi Merah Putih as a strategic instrument to enhance the welfare of rural communities in the districts of Demak, Grobogan, and Pati. Normatively, the formation of cooperatives is a direct implementation of Article 33(1) of the 1945 Constitution of the Republic of Indonesia, which mandates an economic system organized as a collective effort based on the principle of kinship. This principle is further reinforced by Law No. 25 of 1992 on Cooperatives, which stipulates that cooperatives function to improve the welfare of their members and society, while contributing to national economic development. This research employs a juridical-sociological approach to examine the gap between legal norms (das sollen) and their implementation in practice (das sein). Data were obtained through literature studies and field research in three districts with diverse socio-economic characteristics: Demak, an agrarian-coastal region vulnerable to disasters; Grobogan, a traditional agrarian district; and Pati, an area with a mixed economic structure that faces inequality and ecological vulnerability. The findings reveal that, despite strong social and economic potential, the implementation of the Koperasi Merah Putih initiative remains in its early stages and lacks structured development. The primary obstacles include low cooperative literacy, the absence of clear legal instruments within village institutions, limited technical assistance, and weak cooperative governance. Field observations further show that rural communities still perceive cooperatives mainly as savings-and-loan entities, resulting in the Koperasi Merah Putih not yet being recognized as a collective economic movement capable of strengthening the bargaining position of farmers, fishers, and MSME actors. Moreover, the lack of integration between cooperatives and village planning instruments—such as the RPJMDes, APBDes, and BUMDes—has created institutional fragmentation. Theoretically, this study is grounded in John Rawls' Theory of Social Justice, the Theory of Legal Effectiveness, and the concept of Maqāṣid al-Syarī'ah, all of which emphasize distributive justice, the functionality of law within society, and the pursuit of public welfare in economic governance. The results demonstrate that the effectiveness of regulations governing the Koperasi Merah Putih is highly dependent on alignment between legal norms, the readiness of village institutions, and human resource capacity. Therefore, this study recommends reconstructing cooperative regulations based on the values of Pancasila justice, providing a minimum of three years of intensive facilitation, promoting digitalization of village cooperatives, and strengthening oversight through regular audits. These measures are expected to ensure that cooperative operations are professional, transparent, sustainable, and genuinely capable of improving rural community welfare.
The Role of The State Intelligence Agency in Combating Cyber Crime Based on Legal Certainty
The development of information technology has significantly impacted national security, particularly through the increasing complexity and transnational nature of cybercrime threats. This study aims to analyze the role of the State Intelligence Agency (BIN) in combating cybercrime, identify the weaknesses encountered, and formulate BIN's role based on the principle of legal certainty. The research employs a normative legal method with a qualitative approach through literature review. The findings reveal that BIN holds a strategic role in early detection and prevention of cyber threats, as mandated by the attribution of authority in Law Number 17 of 2011 concerning State Intelligence. However, the implementation of this role faces several weaknesses, including overlapping authority with other agencies, the absence of specific regulations, weak inter-agency coordination, insufficient human resources with cyber expertise, and limited technological capabilities. To ensure legal certainty, it is necessary to strengthen regulations that clearly define BIN's authority, establish coordination mechanisms among institutions, and apply the principles of legality, proportionality, and accountability. Reformulating BIN's role based on legal certainty is expected to enhance the effectiveness of cybercrime mitigation while safeguarding human rights in the digital era.
Law Enforcement Settlement Illegal Fishing Criminal Act by The West Java Regional Police's Water and Air Police
This study examines law enforcement against illegal fishing by the Water and Air Police (Polairud) of the West Java Regional Police. Illegal fishing is a serious issue in Indonesia's fisheries management, causing economic losses, environmental degradation, and threatening the sustainability of marine resources. The study aims to analyze the legal framework related to illegal fishing and the authority and role of Polairud West Java in law enforcement. The research employs a qualitative descriptive method with a juridical-sociological approach. Data were collected through literature review, legal documents, Polairud reports, and fisheries statistics. Narrative analysis was used to explain the law enforcement process, including prevention, intervention, and case resolution of illegal fishing incidents. The results indicate that Indonesia's legal framework is relatively comprehensive through Law No. 31 of 2004 jo. Law No. 45 of 2009 and its implementing regulations. Polairud West Java plays a strategic role through maritime patrols, investigations, seizure of vessels and fishing equipment, and community education. The effectiveness of law enforcement is influenced by inter-agency collaboration, availability of resources, and surveillance technology. The study concludes that increasing personnel and resources, using modern technology, fostering inter-agency cooperation, and conducting continuous community education are key strategies to reduce illegal fishing and support the sustainability of fisheries.
Analysis of The Application of Criminal Sanctions Against the Act of Transferring Fiduciary Collateral Goods (Case Study: Decision Number 880/Pid.Sus/2024/Pn Srg)
The purpose of this research is to examine and analyze the application of criminal sanctions to the transfer of fiduciary collateral. Pancasila serves as the legal basis for creating prosperity and social justice for all Indonesian citizens. To achieve this, economic development requires capital, supported by the active participation of the business world. In this regard, banking institutions play a crucial role by channeling funds to the public, both in the form of loans and credit. However, a recent phenomenon in financial institutions is the numerous fiduciary cases involving the transfer of ownership rights. A person who intentionally embezzles, transfers, or pawns a fiduciary collateral object to another party can be considered to have committed a crime and can be prosecuted. This research uses a sociological-juridical approach, with descriptive analytical specifications. The data used in this study are primary and secondary data. Data analysis was conducted using qualitative analysis methods. The results of this study are first, the construction of criminal sanctions for the act of transferring fiduciary collateral is based on Law Number 42 of 1999 concerning Fiduciary Guarantees. In addition, Article 372 of the Criminal Code concerning Embezzlement and Article 378 of the Criminal Code concerning Fraud can be imposed. Second, the process of law enforcement against the act of transferring fiduciary collateral at the Banten Regional Police in handling cases against the act of transferring collateral can be done in two ways, the first is Penal and non-penal means. Third, the application of criminal sanctions against the act of transferring fiduciary collateral for the future, for law enforcers in this case must understand the legal instruments or norms regarding the crime of transferring the transfer of fiduciary collateral objects. Likewise, there is a need for literacy for people who have loans through fiduciary collateral institutions, that fiduciary collateral goods are not yet their property, because the loan has not been repaid.
Criminal Law Formulation in Combating Gambling Criminal Acts
“Criminal Law Formulation in Combating Gambling Crimes” aims to analyze and formulate criminal law policies to eradicate gambling crimes in Indonesia. Gambling is classified as a social disease that causes moral, economic, and legal harm to society. Despite regulations in Articles 303 and 303 bis of the Criminal Code and Law Number 7 of 1974 concerning the Regulation of Gambling, as well as Article 27 paragraph (2) of the ITE Law, gambling—especially online—is still widespread. This study adopts a normative juridical approach, emphasizing the examination of secondary legal materials including statutory regulations, legal doctrine, and literature. The results indicate that current criminal law regulations have weaknesses both in the criminal formulation stage and in their implementation, especially in terms of legal certainty and deterrent effects. Future criminal law formulations should emphasize comprehensive policies, combining penal (repressive) and non-penal (preventive and educational) approaches that are in line with the principles of social defense and social welfare policies. This study concludes that the effectiveness of gambling crime prevention depends on the synchronization of legal reform, consistent law enforcement, and active public participation in supporting the creation of a law-abiding society.
Legal Implications with Drawal of Complaint Criminal Cases at The Investigation Level
The value of justice contained in Pancasila can be the basic foundation for the formation of humane laws that are fair and civilized and socially just for all Indonesian people. Restorative justice finds its basis in the philosophy of the 4th principle of Pancasila. Restorative Justice is the resolution of criminal acts involving the perpetrator, victim, perpetrator's family, victim's family, community leaders, religious leaders. Allah SWT in QS Al-Hujurat/49: 10, says that, among other things, you must reconcile differences between your two brothers. The withdrawal of criminal case complaints at the investigation level is regulated in the 1946 and 2023 Criminal Codes and PERPOL Number 08 of 2021. The purpose of writing this thesis is to find out and imply the juridical rules for withdrawing criminal case reports/complaints at the investigation level and to find out and analyze the obstacles to revocation of reports/complaints of criminal cases at the investigative level and their solutions using the Sociological Juridical Approach Method and Analytical Descriptive research type. The data sources for this research were obtained from interviews and literature studies as well as document studies using data collection methods in the form of interviews, observations and literature studies and dialysis using Qualitative Analysis. The juridical implications of the withdrawal of criminal case complaints at the investigation level concludes that the person who has the right to withdraw the complaint according to the 1946 Criminal Code and the 2023 Criminal Code is the person who submitted the complaint within 3 (three) months from the date it was submitted. And the complaint can be withdrawn by the complainant. Several articles in The 1946 Criminal Code and 2023 Criminal Code as well as PERPOL Number 8 of 2021 regulate criminal acts for which complaints can be withdrawn at the investigation level. The withdrawal of criminal complaints is parallel to the values contained in the principles of just and civilized humanity which are always imbued with other principles of Pancasila. The withdrawal of criminal case complaints is also in line with Islamic Law and the Theory of Benefits and Progressive Legal Theory. The new peace agreement reached where the investigation files have been handed over to the prosecutor's office is an obstacle to withdrawing the criminal case complaint at the investigation level. The solution to this problem is that the investigator attaches a peace letter from the suspect and victim to the Public Prosecutor. Another obstacle is that one of the parties does not fully implement the contents of the agreement, so the investigator must find a solution to the problem of implementing the peace agreement. This thesis research suggests that the provisions regarding the time for withdrawing complaints from criminal cases should be changed, expiring after the court decision becomes legally binding. This research also suggests that a regulation be made that for all criminal acts where the victim is an individual, the report/complaint can be withdrawn.
Effectiveness of Restorative Justice-Based Settlement of Mild Criminal Cases (Case Study at Batam City Police Station)
Minor crimes are a common form of legal violation in society. Minor crimes often have serious physical and psychological consequences for the victims. In handling minor crimes, the criminal justice system is often the primary option for resolving these cases. The purpose of this study is to determine, examine, and analyze the effectiveness of the current construction of minor crime case resolution. This study aims to identify, examine, and analyze the weaknesses of the construction of minor crime case resolution, and to identify, examine, and analyze the effectiveness of restorative justice-based minor crime case resolution. The method used by the researcher was participatory observation to observe the penal mediation process, structured and semi-structured interviews using a prepared interview guide, documentation studies to analyze case files and policy documents, and data triangulation to ensure the validity and reliability of the data obtained. The research specifications used in this study are descriptive and analytical, providing a systematic and logical presentation and then analyzing it in order to examine materials from the literature, legislation, and legal norms applicable in Indonesia. Based on research findings, the effectiveness of restorative justice in handling minor crimes demonstrates significant effectiveness in various aspects of law enforcement and social recovery. Restorative justice not only improves the relationship between victims and perpetrators but also offers a more humane solution that focuses on recovery rather than mere punishment. Through this approach, victims have the opportunity to share their experiences directly with the perpetrators, which in turn allows perpetrators to understand the impact of their actions and demonstrate greater responsibility. The weaknesses of resolving minor crimes based on restorative justice, in this case, include the abuse being a condition and motivation for the parties involved in the process, the public's lack of understanding of investigators' authority to implement restorative justice, the community's minimal role as social control, and the cultural factors that influence the law's implementation. To address these weaknesses in resolving minor crimes based on restorative justice, restorative justice must be integrated into the criminal justice system through legal regulations governing the implementation of restorative justice at the police level.
Legal Analysis of The Imposition of Criminal Sanctions Against Perpetrators of Abuse in Domestic Violence Relationships in Smg Pn (Decision Number 513/Pid.B/2024/Pn Smg)
This study aims to analyze the judges' legal considerations in imposing criminal sanctions on the perpetrator of assault within a domestic violence context in Decision Number 513/Pid.B/2024/PN Smg, as well as to assess whether the judgment reflects the principles of justice, legal certainty, and victim protection. The study also aims to identify the conformity of legal application between the Indonesian Criminal Code (KUHP) and the Law on the Elimination of Domestic Violence (UU PKDRT) as lex specialis. This research employs a normative juridical method using statutory, case, and literature approaches. The analysis is carried out descriptively and analytically by examining positive legal provisions, scholarly doctrines, and relevant court decisions to evaluate the relevance and accuracy of the judges' considerations. The results of the study show that the panel of judges appropriately applied Article 351 paragraph (2) of the Criminal Code by ensuring that the elements of serious assault and valid evidence were fulfilled. The imposed sentence of 4 years and 6 months' imprisonment is considered to meet the aspects of legal certainty and deterrence. However, the judges did not apply the Domestic Violence Law (UU PKDRT) as the primary legal basis, resulting in suboptimal protection for the victim. The decision reflects formal justice but does not fully achieve substantive justice and comprehensive victim protection.
Application of Criminal Sanctions for The Criminal Act of Forgery of Letter in Disbursement of Death Insurance Claims at BPJS Employment (Study of Decision Number 2441/Pid.Sus/2022/Pn Sby)
The rise in criminal acts of document forgery with the aim of illegally obtaining cash benefits from the BPJS Employment is currently rampant. Benefits provided by BPJS Employment include cash compensation for the heirs of workers registered with BPJS Employment. This has resulted in, among other things, the provision of benefits to those who are not entitled to them, which is detrimental to BPJS Employment. The primary objective of establishing BPJS Employment is to provide socioeconomic protection to Indonesian workers through various social security programs. This includes protection against the risks of work accidents, death, old age, and retirement, as well as job loss insurance. Participants in the BPJS Employment program pay regular monthly contributions to continue receiving benefits from the BPJS Employment program. With BPJS Employment, it is hoped that workers and their families are protected from the financial impacts that may arise from these risks, thereby improving worker welfare and productivity. This study aims to determine the legal structure and application of criminal sanctions against perpetrators of document forgery, which is rampant within the BPJS Ketenagakerjaan (Employment Social Security Agency) to obtain cash benefits. The research method used is normative juridical, an approach to legal research that focuses on applicable norms, rules, and regulations. Based on the research results, the application of criminal sanctions against the perpetrators has fulfilled the principle of legal certainty and is expected to provide a deterrent effect on the perpetrators, as well as provide a criminal threat to anyone who intends to commit a similar crime. The verdict handed down by the judge also fulfilled the legal principles in making decisions. Consistency in the imposition of criminal sanctions against perpetrators of document forgery is needed to reduce the frequency of criminal acts of document forgery, especially in BPJS Employment. The ability to identify the authenticity of documents is also needed to prevent the risk of criminal acts of document forgery.
Role and Responsibility of The Command in Supervising Indonesian National Army Soldiers Against Excise Violations (Case Study of Kodim 0819/Pasuruan)
This research aims to analyze the role and command responsibility in supervising members of the Indonesian National Armed Forces (TNI) regarding customs violations, with a case study at the Military District Command (Kodim) 0819/Pasuruan. Previous research has examined customs violations from the perspectives of economic criminal law and fiscal policy; however, studies that specifically connect these issues with the internal military oversight mechanism remain limited. This research employs a juridical-sociological method. The method was chosen because it not only examines legal norms textually through statutory regulations, doctrines, and relevant judicial decisions but also observes how these norms are implemented in practice through interviews, field observations, and data analysis. This combined approach allows for a balanced analysis between normative and empirical aspects, ensuring that the research findings are scientifically accountable. The results show that the supervision of TNI personnel concerning customs violations at the regional level, such as within Kodim 0819/Pasuruan, constitutes a duty to act implemented within the framework of command and control (C2). This framework includes the refinement of the commander's intent, the strengthening of unity of command, reliable information flow, and a well-documented prevent–detect–correct mechanism. The effectiveness of this supervision depends on the integration between the positive legal framework (Law No. 34 of 2004 on the Indonesian National Armed Forces, Law No. 31 of 1997 on Military Courts, and the customs law regime) and risk-based operational instruments such as Standard Operating Procedures (SOPs), internal supervision (waskat), spot inspections, early-warning systems, interagency cooperation, and after-action reviews. Supervisory challenges are multidimensional, encompassing structural, regulatory, cultural, technical, forensic, human resource, and socio-economic factors. These conditions require a precisely designed and adaptive control and coordination system. The threshold of command accountability is measured through three elements of command responsibility: effective control, actual or constructive knowledge (knew or should have known), and failure to prevent or punish, which are evidenced by objective indicators such as consistency in duty rosters, leave permits outside the garrison, vehicle movement patterns, invoice–cargo discrepancies, financial anomalies, and ignored reports.
Analysis of The Preparation of Mayoral Regulations Based on The Formation of Statutory Regulations Justice-Based (Case Study in Semarang City Government)
In carrying out his duties as a regional leader at the district/city level, the Mayor has the authority to form and establish statutory regulations in the form of Mayoral Regulations, the scope of which covers areas at the city level. This study aims to determine and analyze the process of drafting the Semarang Mayor Regulation through the stages of harmonization, rounding and consolidation of the conception of the Draft Semarang Mayor Regulation, to determine and analyze whether the process of drafting the Semarang Mayor Regulation is in accordance with the stages of forming legislation or not, obstacles and factors that influence and solutions in overcoming these obstacles, and to determine and analyze the drafting of the Mayor Regulation based on the formation of justice-based legislation. The research method uses a normative juridical approach with analytical descriptive research specifications, types and sources of data, namely primary legal materials, secondary legal materials and tertiary legal materials with data collection methods through literature studies and library studies using the Pancasila justice theory and legal theory. Based on the results of this study, it shows that the drafting of the Semarang Mayor's Regulations has not yet gone through the process of harmonization, rounding out and strengthening the draft concept in accordance with Law Number 12 of 2011 concerning the Formation of Legislation as amended several times, most recently by Law Number 13 of 2022 concerning the Second Amendment to Law Number 12 of 2011 concerning the Formation of Legislation, so that solutions are needed to improve human resources, coordination between Regional Apparatus and vertical agencies, and strict sanctions in supervising the preparation of regional legal products, in order to obtain consistent and just regional legal products.
Protection of Workers' Rights in the Settlement of Industrial Relations Disputes and Termination of Employment
Termination of employment is the beginning of the loss of a worker's livelihood. This impact is very complex and tends to give rise to disputes. Therefore, the mechanisms and procedures for termination of employment have been regulated in such a way that workers who remain receive proper protection and obtain their normative rights in accordance with the provisions. The formulation of the research problem is: How are the regulations for the protection of workers' rights in the settlement of industrial relations disputes regarding termination of employment. How do judges' decisions realize the protection of workers' rights in the just settlement of industrial relations disputes regarding termination of employment. The approaches used in this research are normative-juridical and empirical. Normative-juridical research refers to legislation and utilizes secondary data. Empirical research, on the other hand, is field research utilizing primary data. Termination of employment has legal consequences, both for the employer and the worker/laborer itself. The legal consequences in question are in the form of providing wage compensation to workers/laborers whose employment relationship is terminated with the employer. Protection of workers' rights in the settlement of industrial relations disputes regarding termination of employment by providing legal certainty in the form of workers' rights in accordance with applicable laws and regulations, namely providing workers' rights in the form of severance pay, housing and medical compensation, long service awards and severance pay, so as not to cause disputes over rights, this is caused by differences of opinion regarding the implementation or interpretation of the provisions contained in the laws and regulations. Based on the decisions analyzed in this thesis, regarding the wage compensation that must be provided by employers to workers/laborers due to termination of employment, the Judge must act fairly in his considerations as outlined in the main case, so as to reach a basis for dispute resolution. that the result of the cassation decision Number 1101 K/Pdt,Sus-PHI/2022 is that the Workers/Laborers of the former BPRS Haerukat have lost their rights to their service while working, and if the cassation decision Number 1101 K/Pdt,Sus-PHI/2022 is used as jurisprudence by other Industrial Relations Court Judges, it will result in the workers' right to receive compensation in cases of unilateral layoffs becoming more difficult to obtain legal certainty and a sense of justice.
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Implementation of Law Enforcement Regulations for the Criminal Act of Theft with Aggregation Through a Restorative Justice Approach
The principle of the rule of law, as adopted by Indonesia, places the supremacy of law as the primary foundation for building national and state life. This means that the law should not be interpreted solely as procedural certainty, but must also reflect values of justice and benefit for the wider community. Therefore, criminal law must be directed not only at punishing perpetrators, but also at protecting the interests of victims, the community, and maintaining social order. The social legal research approach is legal research that uses primary data. The same thing is also stated that research. As socio-legal research, it views law as law in action, concerning the link between law and social institutions. Law enforcement regulations for aggravated theft in Indonesia have not yet adopted a restorative justice approach because the Criminal Code and Criminal Procedure Code are still oriented towards a retributive paradigm that emphasizes punishment, without providing a legal basis for dismissal of cases through restitution or reconciliation.
Implementation of Prosecutor's Asset Confiscation Regulations in the Framework of Corruption Criminal Acts Recovery Based on Legal Certainty (Case Study of the Subang District Attorney's Office)
Corruption is a serious issue confronting Indonesia, including Subang Regency, with significant repercussions on regional economic growth, public trust, and equitable resource distribution. Asset forfeiture, as an anti-corruption strategy, plays a pivotal role in recovering state losses, deterring corrupt practices, and fostering national development. However, the implementation of asset forfeiture must ensure justice, utility, and legal certainty for all stakeholders. This study aims to analyze and understand the implementation of asset forfeiture regulations by the Prosecutor's Office in recovering assets derived from corruption, focusing on legal certainty and the effectiveness of asset recovery. Specifically, this research will address questions regarding the implementation of asset forfeiture regulations by the Prosecutor's Office, the weaknesses of such implementation, and the implementation of asset forfeiture regulations based on legal certainty. This research employs a socio-legal research method, encompassing the examination of legal norms and the context of law enforcement. Using a descriptive-analytical approach, this study analyzes the implementation of asset forfeiture regulations by the Prosecutor's Office in recovering assets derived from corruption. Secondary data is obtained through literature review and analyzed qualitatively to understand the data's meaning. Based on the research findings and discussion, it can be concluded that the implementation of asset forfeiture regulations by the Prosecutor's Office in recovering assets derived from corruption in Indonesia still faces several challenges. Firstly, the implementation of asset forfeiture regulations currently relies on scattered legal foundations, including the Criminal Procedure Code, the Corruption Eradication Law, and the Money Laundering Law, and can be pursued through both criminal and civil mechanisms. Second, the weaknesses of implementing asset forfeiture regulations by the Prosecutor's Office in recovering assets derived from corruption in Indonesia still face various issues, such as a lack of resources and technology, difficulties in proving the origin of assets, and a lack of public awareness and legal compliance. Thirdly, the implementation of asset forfeiture regulations by the Prosecutor's Office in recovering assets derived from corruption based on legal certainty is still hindered by the absence of a specific and comprehensive Asset Forfeiture Law, resulting in inconsistencies in the application of the law.
Analysis of Law Enforcement for Perpetrators of Criminal Acts of Assault From a Human Rights Perspective
This study examines law enforcement against perpetrators of assault crimes and its crucial role in safeguarding human rights (HR) in Indonesia. The research aims to analyze the implementation of law enforcement in assault cases from a human rights perspective, as well as to identify the obstacles and solutions encountered in the enforcement process. This study is important to ensure that the rights of both victims and defendants are fulfilled fairly and proportionally within the criminal justice system. The research method used is a socio-legal approach, combining normative study of applicable legal provisions with empirical analysis of social conditions in the field. Data were collected through literature review, legal documents, and interviews with law enforcement officers and victims of assault crimes. This approach enables the researcher to understand not only the formal legal aspects but also the social dynamics influencing law enforcement. The results show that law enforcement against assault perpetrators must always uphold human rights principles, respecting the rights of defendants while ensuring justice for victims. The obstacles encountered include limited human rights understanding among officers, insufficient institutional support and resources, and socio-cultural factors. To overcome these challenges, it is necessary to enhance the capacity of law enforcement personnel and provide continuous human rights education. This study concludes that human rights-based law enforcement can improve substantive justice and prevent recurring violence in society.
Legal Review of Implementation Executorial Authority of the Prosecutor Regarding Court Decision in a Criminal Case of Corruption
The issue of the prosecutor's executive authority is a problem that is not only related to the substance of legal norms, but also the issue of institutional structure in the context of Indonesian state institutions. However, what is clear is that until now the problem of corruption in Indonesia has not been resolved completely, but various hopes that the Indonesian nation will be free from corrupt practices and new determination accompanied by good values of law enforcement officials, especially prosecutors, will try to carry out their authority to deal with corruption more firmly and fairly. The aim of this research is to find out and analyze (1) the legal position of the Prosecutor in the corruption criminal justice system, (2) the comprehensive executive authority of the Prosecutor regarding corruption criminal court decisions, (3) the legal problems regarding the implementation of the Prosecutor's execution of corruption criminal court decisions. The approach method used in this study is normative juridical. The specifications of this study are descriptive analytical. The data source used is secondary data. Secondary data is data obtained from library research consisting of primary legal materials, secondary legal materials and tertiary legal materials. The research results and discussion can be concluded: (1) The prosecutor is the only state institution that is a government apparatus that has the authority to handle corruption crimes to transfer criminal cases, prosecute perpetrators of criminal acts in court and implement criminal judges' decisions and rulings, this power is a characteristic of the Prosecutor's Office that distinguishes other law enforcement institutions or agencies. (2) Specifications regarding the types of execution carried out by the Prosecutor in corruption crimes, namely first, the execution of asset confiscation, of which Article 18 both in Law No. 31 of 1999 and in Law No. 20 of 2001, regulates the confidentiality of assets obtained from corruption crimes, only as an additional punishment, not a principal punishment. (3) The first legal problem is the problem lies in the copy of the decision that has not been officially sent either to the convict or his legal counsel or to the Prosecutor as the executor. In several corruption cases, the convict and his attorney refuse to be executed if only with an excerpt of the decision. This execution problem cannot be separated from the minutation system (making copies of decisions) at the Supreme Court because the decision minutes process takes a long time.
Implementation of Sanctions and Rehabilitation Measures Against Narcotics Addicts from a Restorative Justice Perspective
In line with this, narcotics abuse should take into account the application of restorative justice, which emphasizes that a person who commits a criminal act does not necessarily have to end up in prison as their punishment. The purpose of this research is to examine and analyze the implementation of rehabilitation sanctions for narcotics addicts from the perspective of restorative justice, to examine and analyze the weaknesses of current rehabilitation sanctions for narcotics addicts, and to examine and analyze the legal policy of rehabilitation sanctions for narcotics addicts in the future. This legal research is normative legal research, namely research that focuses on the study of legal norms or rules. Normative legal research examines legal norms or regulations as a system that is related to a legal event. The implementation of rehabilitation sanctions for narcotics addicts from the perspective of restorative justice is a legal measure that emphasizes recovery rather than mere punishment, with medical and social rehabilitation reinforced by mandatory reporting and integrated assessments by the National Narcotics Board (BNN). Through the Attorney General's Regulation No. 18 of 2021, prosecutors are given the authority to divert narcotics abuse cases to rehabilitate in order to restore addicts' conditions so they can function normally in society. However, its implementation remains weak because Law No. 35 of 2009 still emphasizes imprisonment, does not provide explicit authority for prosecutors to terminate prosecution based on restorative justice, and contains overlapping provisions that often result in addicts being treated the same as dealers. Furthermore, coordination among law enforcement agencies is still weak, rehabilitation facilities and human resources are limited, and social stigma along with the repressive paradigm of law enforcement hinders social reintegration. Therefore, future legal policy needs to be directed toward a more humanistic approach by clearly differentiating addicts from dealers, revising Law No. 35 of 2009 to make rehabilitation mandatory, strengthening prosecutorial discretion, expanding rehabilitation facilities, and building cross-sectoral integration of law, health, and social services. In addition, transparent monitoring mechanisms, anti-stigma campaigns, and paradigm shifts between law enforcement and society are needed so that addicts are accepted as victims who must be restored.
Formulation Of Regulations For The Criminal Act Of Verbal Catcalling Sexual Harassment Based On Justice Values
As an act that violates decency, catcalling often escapes public attention because it commonly occurs spontaneously. Many people in Indonesia are unaware that they can become either victims or perpetrators of catcalling due to the lack of understanding of this phenomenon. An essential element in determining whether an action constitutes harassment is the presence or absence of consent. The purpose of this research is to examine and analyze the regulation of verbal sexual harassment (catcalling) in Indonesia's positive law, which has not yet reflected principles of justice, as well as to examine and analyze the ideal formulation of regulations on verbal sexual harassment based on the value of justice in future criminal law reforms. The research method used in this legal study is normative juridical. Normative juridical research focuses on analyzing the application of legal norms or rules within the existing legal framework. Catcalling is a form of verbal sexual harassment that undermines dignity and personal security, yet it has not been explicitly regulated in Indonesian law, resulting in weak and inconsistent enforcement. Various provisions in the Criminal Code, the Pornography Law, and the Sexual Violence Crime Law (UU TPKS) have yet to specifically encompass the non-physical but sexually charged nature of catcalling. Major obstacles arise in proving the offense, the absence of detailed examples, and the heavy burden of evidence placed on victims. Other countries such as France, Belgium, and the Philippines have explicitly regulated catcalling through clear definitions, graduated sanctions, and rapid enforcement mechanisms. Indonesia could adopt similar models by establishing detailed regulations, proportional sanctions, accessible reporting mechanisms, and victim support to achieve a fairer and more effective protection system.
Comparative Analysis of the Criminal Act of Defamation in the KUHP and the Ite Law After The 2024 Mk Decision
This research aims to analyze and compare the regulation of defamation offenses under the Indonesian Criminal Code (KUHP) and the Electronic Information and Transactions Law (UU ITE) after the 2024 Constitutional Court Decision. The background of this study arises from the increasing number of defamation cases, both in conventional and digital contexts, which have sparked debates between freedom of expression and the protection of individual reputation. The research applies a qualitative method with a normative and empirical descriptive approach. Data were collected through in-depth interviews with three police officers from Polresta Kupang, field observations, and documentation studies of relevant laws and court rulings. The results indicate that the KUHP focuses on traditional defamation committed through oral or written statements, while the UU ITE regulates online defamation. After the 2024 Constitutional Court Decision, Article 27 paragraph (3) of the ITE Law was reaffirmed to prevent its misuse in restricting freedom of speech. The Court emphasized the importance of context, intent, and social impact in determining criminal liability. Data from the Kupang Police show that in 2025 there were 53 criminal cases, with 21 involving defamation, reflecting the rising public awareness of legal rights. The comparative analysis reveals that the Criminal Code and UU ITE now complement each other, and their harmonization is essential to achieve fair legal certainty in the digital era.
Legal Review of Criminalization of Aggravated Theft Based on Justice Values
This research aims to analyze the application of criminal law to the offense of aggravated theft as regulated in Article 363 paragraph (1) point 4 of the Indonesian Criminal Code (KUHP), with a particular emphasis on the substantive justice aspect for offenders from lower socio-economic backgrounds. Cases such as theft of oil palm fruit by local residents around plantation areas often draw criticism for neglecting the social and economic context of the offenders. In this context, the study seeks to examine the extent to which criminal law is applied fairly by taking into account the values of humanity and social justice that live and develop within society. This study employs a normative juridical research method combined with a case study approach and supported by a conceptual approach to strengthen the analytical framework. The normative juridical method focuses on the examination of statutory regulations, legal doctrines, and relevant court decisions, while the case study approach is used to connect legal norms with their practical application in judicial decisions. The conceptual approach serves to construct a comprehensive understanding of the principles of criminal law, the doctrine of criminal responsibility, and the concept of substantive justice that underlies sentencing in aggravated theft cases. The findings reveal that aggravated theft constitutes a criminal offense requiring strict proof of both actus reus and mens rea elements in accordance with the principles of lex certa and lex stricta. In the a quo case, proof of the element of “joint participation” and the presence of valid evidence under the negative-wettelijk system becomes the primary basis for judges in rendering a fair verdict. A prison sentence of one year is considered proportionate if accompanied by a transparent explanation of the aggravating and mitigating factors. An ideal judgment should demonstrate coherence between facts, legal elements, principles, and the court's verdict, while also reflecting the values of al-'adālah (justice), al-maṣlaḥah (public interest), and al-karāmah (dignity). Furthermore, this research emphasizes the importance of considering the spirit of the 2023 Criminal Code reform, which aspires to prevent over-punishment and promote a more restorative and humanistic approach to sentencing. Thus, this study provides an academic contribution to the development of criminal law that is not only legally valid but also socially legitimate.
Disparity in Sentencing in Domestic Violence Cases
The increasing prevalence of Domestic Violence cases in Indonesia demonstrates that such offenses within the domestic sphereconstituteaseriousissue that not only threatens social order and family dignity but also infringes upon fundamental human rights. Although Law Number 23 of 2004 on the Elimination of Domestic Violence provides a firm normative foundation for the enforcement of domestic violence laws, disparities in sentencing remain evident in practice, even among cases with similarcharacteristics. This phenomenon, known as sentencing disparity, refers to a condition in which judges impose different punishments forcomparableoffenses without objective and adequate justification. This study aims to analyze the judicial reasoning underlying court decisions in domestic violence cases and to identify the existence of sentencing disparities, particularly as reflected in the decisions of the Purwodadi District Court specifically Decision Number 124/Pid.Sus/2021/PN Pwd and Decision Number 56/Pid.Sus/2024/PN Pwd. Using a normative juridical research method through statutory and case approaches, this research examines the legal construction, evidentiary basis, juridical and non-juridical considerations, as well as the alignment of the decisions with the objectives of judgment and the principle of legal certainty. The findings reveal that although the two decisions sharesimilaritiesin offense elements, forms of physical violence, and evidentiary foundations, they differ significantly in the length of imprisonment imposed. This disparity is primarily influenced by variations in judicial assessments, degree of culpability, and the impact of their actions. Nevertheless, not all judicial considerations in these cases reflect a proper application of the principles of proportionality, consistency, and victim protection as mandated by the Domestic Violence Law. Consequently, comprehensive sentencing guidelines are urgently needed to ensure that decisions in domestic violence cases uphold legal certainty, substantive justice, and optimal protection for victims.
Legal Analysis of the Legal Role of State Attorney Assistance at the Batam District Attorney's Office Related to the Settlement of the Handover of Housing Infrastructure, Facilities, And Public Utilities (Psu) In Batam City
The handover of Public Infrastructure, Facilities, and Utilities (PSU) from developers to local governments is a mandatory legal obligation that plays a crucial role in ensuring sustainable public services, particularly within rapidly growing residential areas such as those in Batam City. In practice, the handover process still faces significant challenges, including administrative inconsistencies, technical inadequacies, and low compliance among developers. This study aims to analyze the implementation of legal assistance provided by the State Attorney (Jaksa Attorney Negara/JPN) of the Batam District Prosecutor's Office in supporting the Batam City Government during the PSU handover process, as well as to identify the factors hindering the effectiveness of such legal assistance and propose appropriate solutions. This research employs an empirical juridical approach by collecting data through document analysis, interviews, and examination of meeting minutes between government agencies and developers. The data were analyzed using the theories of legal certainty, authority, and legal system theory to provide a comprehensive understanding of the role and position of JPN in facilitating PSU settlement. The findings indicate that legal assistance by JPN is carried out through systematic stages, including the issuance of a legal assistance order, clarification with developers, verification of administrative and physical PSU documents, provision of legal recommendations, and facilitation of mediation. This assistance significantly strengthens legal certainty and enhances the government's ability to resolve PSU handover issues, including the successful recovery of substantial regional assets. Nevertheless, the effectiveness of legal assistance is constrained by several factors, such as administrative disorder, inconsistencies in inter-agency data, non-compliance by developers, incomplete documentation, and PSU conditions that do not meet technical standards. The recommended solutions include strengthening inter-agency coordination, enhancing early-stage construction supervision, establishing an integrated PSU database, and ensuring more intensive and continuous legal assistance.
Effectiveness of Combat Criminal Act of Trafficking in Persons in Border Areas
Human trafficking is a crime that threatens human dignity and poses a serious challenge in border areas, particularly in the Sebatik region, which shares a direct border with Malaysia. This study aims to analyze: (1) the implementation of anti-trafficking (TPPO) measures in the border area; (2) weaknesses in countermeasures undertaken by authorities; and (3) the effectiveness of future anti-trafficking measures. This study uses a normative juridical method supported by secondary data in the form of laws and regulations, scientific literature, and official documents related to the enforcement of the TIP by the Nunukan Police and the West Sebatik Police. The results indicate that the implementation of TIP countermeasures has been carried out through prevention, investigation, inquiry, and cross-agency coordination. However, authorities in the border area face several obstacles such as limited human resources, inadequate facilities and infrastructure, weak supervision of illegal crossings (rat routes), and suboptimal synergy with the community and relevant agencies. Empirical data shows that the Nunukan Police handled 24 cases in 2024 and 18 cases in 2025, indicating that human trafficking (TPPO) practices are still ongoing despite a statistical decline. This study concludes that the effectiveness of TIP prevention efforts is suboptimal due to various structural, substantive, and cultural factors, as outlined in Lawrence M. Friedman's legal system theory. To improve effectiveness in the future, capacity building of the West Sebatik Police, improvements to operational facilities, optimization of cross-sectoral coordination, and strengthening legal awareness among border communities are needed. The results of this study are expected to contribute to the formulation of more effective TIP prevention policies based on victim protection.
Criminal Responsibility of Recidivists in Violent Theft Crimes (Decision of Temanggung District Court Number 149/Pid.B/2019/PN Tmg)
This study aims to analyze the criminal liability of recidivist offenders in violent theft crimes under Indonesian positive law, examine the judicial considerations in sentencing recidivists based on Temanggung District Court Decision No. 149/Pid.B/2019/PN Tmg, and assess the concept of criminal responsibility for recidivists from the perspective of Islamic law. This research arises from the fact that recidivism remains a serious issue within Indonesia's criminal justice system, reflecting the weakness of deterrence and the ineffectiveness of inmate rehabilitation. Therefore, it is crucial to re-evaluate how both the national legal system and Islamic legal principles conceptualize and enforce criminal responsibility for offenders who repeatedly commit violent crimes. This research employs a normative juridical legal method using both case and statute approaches. The sources of legal data consist of primary materials (the Indonesian Criminal Code and court decisions), secondary materials (legal literature and scholarly opinions in criminal law), and tertiary materials (legal dictionaries and encyclopedias). The analytical technique used is descriptive analytical, supported by systematic and teleological interpretation to align positive legal norms with the values of substantive justice. The findings indicate that, first, the criminal liability of recidivist offenders in violent theft under Indonesian positive law is based on the principle of geen straf zonder schuld (no punishment without fault). Recidivism constitutes an aggravating circumstance, demonstrating the failure of prior punishment to determine and the offender's defiance of the law. Second, judicial reasoning in Temanggung District Court Decision No. 149/Pid.B/2019/PN Tmg reflects a balance between legal certainty, justice, and utility, even though the sentence imposed was relatively lenient compared to the maximum penalty under Article 365 of the Criminal Code. Third, from the perspective of Islamic law, recidivists are fully accountable (mas'uliyyah al jināyah) because their acts fulfill the elements of intent ('amdan), capacity for responsibility (al qudrah 'alā al tamyīz), and voluntariness (ikhtiyār). Repetition of criminal acts aggravates moral culpability and warrants punishments that are educational (ta'dīb), preventive (zajr), and retributive (jazā') in nature.
Analysis of the Implementation of the General Criminal Case Management System (Cms) in Supporting the Integration of the Integrated Criminal Justice System Based on Information Technology (Sppt-Ti) (Case Study of the Tanjung Pinang District Attorney's Office)
The advancement of information technology has encouraged law enforcement agencies to enhance the efficiency and effectiveness of their performance, one of which is through the implementation of the Criminal Case Management System (CMS). This system is designed to digitally manage case administration and support data integration within the Integrated Criminal Justice System Based on Information Technology (Integrated Criminal Justice System Based on Information Technology or SPPT-TI). This study aims to analyze the implementation of the Criminal CMS at the Tanjung Pinang District Prosecutor's Office in supporting SPPT-TI integration, identify the challenges faced, and provide recommendations for improvement. This research employs a descriptive qualitative method with a case study approach. Data were obtained through in-depth interviews with prosecutors and administrative staff, direct observation of CMS usage, and a review of relevant documents. Thematic analysis was applied to identify patterns, relationships, and emerging issues in the system's implementation. The findings reveal that the Criminal CMS at the Tanjung Pinang District Prosecutor's Office has been implemented in accordance with basic procedures and has positively contributed to accelerating case data processing, improving information accuracy, and facilitating coordination among law enforcement agencies. However, the implementation has not been fully optimized due to challenges such as limited network infrastructure, insufficient technical training, and uneven understanding of the system's functions among users. This study concludes that the Criminal CMS holds significant potential in supporting SPPT-TI integration. Nevertheless, successful implementation requires improvements in human resource capacity, technology infrastructure upgrades, and stronger inter-agency collaboration.
Effectiveness of Destruction of Narcotics Evidence in Criminal Cases with Permanent Legal Force (Case Study at the East Kutai District Prosecutor's Office)
This study aims to analyze the effectiveness of the implementation of destroying narcotics evidence in criminal cases that have reached final judgment in the Kutai Timur District Attorney's Office, the challenges faced and the solutions implemented, as well as the prospects for strengthening regulations and destruction practices in the future. The research method used is a qualitative approach with a case study, supported by in-depth interviews with prosecutors, law enforcement officials, and other relevant parties. The research findings indicate that the destruction of evidence at the East Kutai District Attorney's Office has been procedurally effective and accountable, but still faces legal, technical, budgetary, inter-agency coordination, and public trust challenges. The solutions implemented include accelerating administrative procedures, modernizing facilities, cross-agency coordination, information digitalization, and staff training. For the future, strengthening responsive regulations, modernizing facilities, structured coordination, public transparency, and budget support are seen as capable of enhancing the effectiveness, safety, and legitimacy of destroying narcotic evidence. The findings of this research provide recommendations for law enforcement, policymakers, and the public to actively participate in supporting sustainable and reliable disposal practices.
Reformulation of the Regulation of the Authority of Curators in Bankruptcy and the Postponement of Debt Payment Obligations Based on Justice
The authority of curators in bankruptcy and the Suspension of Debt Payment Obligations (PKPU) is regulated under Law Number 37 of 2004; however, in practice, it still creates legal uncertainty and an imbalance of protection between creditors and debtors. This study aims to analyze the weaknesses in the regulation of curatorial authority and to formulate a reform based on justice principles that can enhance transparency, accountability, and efficiency in debt resolution. This research employs a normative juridical approach by examining existing regulations, bankruptcy law doctrines, and relevant scholarly literature. The principles of procedural, distributive, and corrective justice serve as the basis for analyzing the effectiveness of curatorial authority and the conformity of practice in the field with legal provisions. The analysis also discusses regulatory weaknesses regarding the limits of curatorial authority, the supervision by oversight judges, and the management of modern assets. The study finds that current regulations grant broad authority to curators, yet they lack clear operational boundaries and effective substantive supervision. Justice-based reformulation is necessary by clarifying the parameters of authority, strengthening the role of oversight judges, standardizing national SOPs, and establishing proportional protection mechanisms for both creditors and debtors. The implementation of these reforms is expected to create a transparent, efficient, and fair bankruptcy and PKPU system.
Optimizing the Role of the Police in Providing Legal Certainty for Women Victims of Sexual Violence
The lack of evidence and witnesses is due to the victim's reluctance to report their case because it is still taboo and they think it will reveal their own family's shame, especially in cases related to sexual matters. For victims who want to report and the case meets the formal and material requirements, they often try to withdraw it, because they feel intimidated by various parties, which is full of the reality that occurs regarding the position of women as victims of sexual violence in the legal process. The paradigm of legal protection and legal certainty for women victims of sexual violence needs to be optimally embedded in the Police. The aim of this research is to determine and analyze (1) the nature of legal certainty for female victims of sexual violence in national legal products, (2) the role of the police in handling cases of sexual violence against women, and (3) the problems for the police in providing legal certainty for female victims of sexual violence. The approach used in this research is normative juridical. The research specifications are descriptive and analytical. The data sources used are secondary data. Secondary data is data obtained from library research, consisting of primary legal materials, secondary legal materials, and tertiary legal materials. Based on the research results, the following conclusions can be drawn: (1) The Law on Sexual Violence Crimes covers various forms of sexual violence, such as rape, sexual harassment, domestic violence, and cyber-based sexual violence. Constitutionally, legal protection for women from acts of sexual violence is also accommodated in Article 28G of the 1945 Constitution of the Republic of Indonesia. (2) The Chief of the Indonesian National Police (Kapolri) has issued Regulation of the Chief of Police Number 10 of 2007 concerning the Organization and Work Procedures of the Women and Children Service Unit within the Indonesian National Police. The Women and Children Service Unit, abbreviated as the PPA unit, is a unit tasked with providing services in the form of protection for women and children who are victims of crime and law enforcement against the perpetrators. (3) Legal certainty is not difficult for women victims of sexual violence to obtain because in terms of legal construction, Indonesia has accommodated various legal products that have been produced through the Government's legal political efforts and the internal legal policies of law enforcement agencies in providing legal certainty and justice for women victims of sexual violence, both from the contextual provisions on the protection of women's rights, protection of women victims of sexual violence, and norms on the criminal responsibility of perpetrators of sexual violence against women.
Analysis of the Enforcement of Dishonorable Discharge of Police Members Who Violate the Code of Ethics, as Seen in Police Regulation Number 7 of 2022
As a nation governed by law, the Indonesian National Police (Polri) holds the fundamental duty of maintaining security, public order, and enforcing the law. However, the high number of behavioral deviations, such as the involvement of individual officers in serious criminal acts (for example, assault resulting in death, as in the case within the jurisdiction of the Central Java Regional Police), marks a dark chapter that damages the institution's image and credibility in the public eye. This condition necessitates the application of the severest sanction, the Dishonorable Discharge (PTDH), as a mechanism for accountability. This study aims to analyze: 1) the mechanism for enforcing PTDH against Polri members who violate the code of ethics in accordance with Police Regulation Number 7 of 2022 (Perpol 7/2022); 2) the factors contributing to the occurrence of PTDH; and 3) the impact of PTDH sanction implementation on the image and public trust in the Polri institution. This research employs a normative juridical method (normative legal research), with a statute approach and a case approach. The research type is descriptive analytical, comprehensively examining prevailing laws and regulations (including Law No. 2 of 2002, Government Regulation No. 1 of 2003, and Perpol No. 7 of 2022) and their enforcement practices, with a case study in the jurisdiction of the Central Java Regional Police. The theoretical framework utilized includes the Theory of Legal Certainty, the Theory of Professional Ethics, and the Theory of Law Enforcement. The research findings indicate that the PTDH mechanism is strictly enforced, particularly for severe categories of the Polri Professional Code of Ethics (KEPP) violations, as defined in Article 17 paragraph (3) of Perpol 7/2022. The fundamental factors contributing to violations leading to PTDH are the abuse of power, the failure to internalize ethics and professionalism, and a "shortcut" mentality involving violence. Strict PTDH enforcement serves as a crucial self-cleansing mechanism. This highest sanction functions as a vital tool for accountability, image restoration, and deterrent effect. The consistent, fair, and transparent application of PTDH is tangible evidence of Polri's commitment to upholding integrity, legal certainty, and professionalism.
Optimization of Law Enforcement on Narcotics Abuse by the Narcotics, Psychotropics and Dangerous Drugs Research Unit of the East Oku Resort Police to Reduce the Number of Narcotics Abuse
Narcotics abuse remains a critical social and legal issue in Indonesia, particularly in the East OKU region. This study aims to analyze the optimization of law enforcement efforts by the Narcotics Investigation Unit (Satresnarkoba) of the OKU Timur Police in reducing the incidence of narcotics abuse. The research employs a qualitative case study approach, collecting data through interviews, observations, and documentation. The findings reveal that law enforcement by Satresnarkoba OKU Timur has been conducted effectively; however, several challenges remain, including limited human resources, inadequate facilities, and suboptimal coordination among related agencies. Optimization of law enforcement can be achieved by enhancing personnel capacity, strengthening inter-agency collaboration, and integrating information technology in the investigation and handling of narcotics cases. These improvements are expected to significantly reduce narcotics abuse rates in East OKU, thereby positively impacting public security and order. This study provides strategic recommendations for the OKU Timur Police and other stakeholders to improve the effectiveness of narcotics law enforcement. Furthermore, the findings can serve as a reference for policymakers in formulating more comprehensive narcotics prevention and eradication programs.
Analysis of Legal Protection for Women Victims of Violence in Demak Regency
Protection of women as human beings with dignity is a fundamental human right. This protection is rooted in the principle of gender equality and the recognition of the dignity and worth of women as individuals equal to men. This protection includes the right to live free from violence, discrimination, and exploitation, as well as the right to participate fully in all aspects of life. The purpose of this study is to identify and analyze the types and forms of violence experienced by women in Demak Regency. To identify and analyze the implementation of legal protection for women victims of violence in Demak Regency. To identify and analyze the obstacles faced and strategic solutions in implementing legal protection for women victims of violence in Demak Regency. The approach used by the researcher is a sociological-juridical approach. This research is descriptive. The sources and types of data in this study are primary data obtained through interviews and secondary data obtained from literature studies. The data is analyzed qualitatively using legal protection theory, law enforcement theory, and victimology theory. Based on the results of the study, the types of violence experienced by women in Demak Regency are diverse, including physical, psychological, sexual, and economic violence. Psychological and economic violence tends to be the most common type. The contributing factors include patriarchal culture, gender inequality, low legal understanding, and social stigma against victims. The forms of violence experienced by women in Demak Regency include domestic violence, sexual violence, psychological violence, and economic violence. Domestic violence still dominates, with physical and psychological violence being interrelated. The main factors causing this violence are patriarchal culture, gender inequality, weak legal understanding, and social stigma against victims. The implementation of legal protection for female victims of violence in Demak Regency already exists, but is not yet evenly distributed and optimal. Victim assistance needs to be strengthened, both legally, psychologically, and socio-economically. Legal education for the community and training of law enforcement officers must be improved to increase the effectiveness of implementation. Strengthening coordination between agencies and increasing the capacity of service institutions needs to be further enhanced. The effective implementation of legal protection for female victims of violence can reduce the impact of violence against women and increase a sense of security in the community. Obstacles and Strategic Solutions in the Implementation of Legal Protection for Female Victims of Violence in Demak Regency encompasses socio-cultural aspects, legal procedures, and limited facilities/resources. The strategic solutions implemented are integrated, involving educational efforts, regulatory strengthening, and facility improvements. Implementation of these strategies is expected to increase victims' access to legal protection, reduce levels of violence, and strengthen women's empowerment in Demak Regency.
Legal Analysis of the Temporary Suspension of Notaries Serving a Period of Detention (Case Study in Bintan Regency)
This study examines the temporary dismissal of a notary who is undergoing detention, focusing on the legal framework, administrative procedures, and juridical implications based on the case of Notary Ratu Aminah Gunawan in Bintan Regency. The research employs a normative–empirical legal method, combining analysis of legislation, legal doctrines, principles of administrative law, Islamic legal perspectives, criminal case documents (Indictment P-29, Prosecutor's Demand P-42, and the District Court Judgment of Tanjungpinang No. 35/Pid.B/2022/PN.Tpg), as well as interviews with members of the Supervisory Council and law enforcement officials. The findings demonstrate that the legal basis for temporary dismissal under Article 10 of the Notary Act (UUJN) and Government Regulation No. 37/2011 provides the Minister of Law and Human Rights with clear authority to impose temporary dismissal on a notary who is detained. The implementation of temporary dismissal in Bintan has complied with the multi-tiered supervisory mechanism (MPD–MPW–MPP), fulfilling the principles of legality, proportionality, and legal protection for the public. Juridically, deeds executed before the detention remain legally valid insofar as they meet the formal and material requirements of the Notary Act, while deeds declared defective by the court lose their evidentiary strength. Detention and temporary dismissal not only affect the continuity of notarial services but also necessitate the appointment of a Substitute Notary to ensure legal certainty. This study concludes that temporary dismissal is a legal and proportionate administrative mechanism essential for safeguarding the integrity of the notarial office and ensuring legal protection for service users.
Optimization of the Implementation of Legal Provisions Related to Turning on Motor Vehicle Lights During the Day to Reduce Motor Vehicle Accidents in the Polda Metro Jaya Area
The rate of motor vehicle accidents in traffic is increasing, one of the efforts of the Polda Metro Jaya is to ensure the implementation of the obligation of motorcyclists to turn on their lights during the day. The implementation of the obligation of motorcyclists to turn on their lights during the day in reality is still not optimally carried out by motorcyclists in traffic, this ultimately becomes one of the causes of traffic accidents. This study aims to analyze and describe the optimization of the implementation of legal provisions regarding turning on motor vehicle lights during the day in reducing accidents in the DKI Jakarta area today. To analyze and describe the obstacles and solutions in the problem of implementing legal provisions regarding turning on motor vehicle lights during the day in reducing accidents in the DKI Jakarta area. The research in this thesis is descriptive qualitative. Qualitative descriptive research is a research method that attempts to describe and interpret objects as they are, with the goal of systematically depicting the facts and characteristics of the research object accurately. This allows for further analysis based on the data or materials obtained. Based on the research results, it can be seen that Optimization of the implementation of legal provisions regarding turning on motor vehicle lights during the day in reducing accidents in the DKI Jakarta area has not been implemented optimally, this is proven by the fact that throughout 2024, there were 67 cases of motorcycle accidents due to drivers who drove abnormally, drivers from 43 of these cases stated that when driving they did not concentrate and did not see motor vehicles from other directions and motor vehicles that were overtaking. Obstacles in the implementation of legal provisions regarding turning on motor vehicle lights during the day to reduce accidents in the DKI Jakarta area are in the form of legal obstacles in the form of there are no implementing regulations yet Article 107 paragraph (2) of the Republic of Indonesia Law Number 22 of 2009 concerning Comprehensive Road Traffic and Transportation.
Implementation of Criminal Social Work Based on the National Criminal Code from the Perspective of Justice and Legal Benefit
Community work is an alternative to short-term imprisonment which aims to provide an opportunity for perpetrators of criminal acts to improve themselves and improve their social relations with the community. The objectives of this study: 1). To find out and analyze the implementation of social work according to Law Number 1 of 2023 concerning the Criminal Code; 2.) to find out and analyze social work from the perspective of the principles of justice and legal benefits; 3.) To find out and analyze the weaknesses of social work based on the National Criminal Code from the perspective of justice and legal benefits. This study uses an empirical legal 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 certainty and the theory of the legal system. The results of the study conclude that: 1) The implementation of social work according to Law Number 1 of 2023 concerning the Criminal Code, namely the application of Social Work, must first pay attention to the readiness of HR infrastructure, facilities and infrastructure, and budget needs so that it can be an effective and optimal alternative to short-term imprisonment; 2). Community service punishment in the perspective of the principle of justice and legal benefits is the application of community service punishment as an alternative to short-term punishment can provide an effective solution to criminal law problems in Indonesia, especially in the context of overcapacity of correctional institutions. Community service punishment not only reduces the burden on the criminal justice system, but also reflects the values of justice and legal benefits that focus on the social reintegration of offenders. However, the success of its implementation is highly dependent on clear regulatory support, human resource readiness, and community involvement; 3). The weakness of community service punishment based on the National Criminal Code in the perspective of justice and legal benefits is that it does not regulate the minimum number of hours a day a convict must commit a crime and there is no supervisor such as a supervisor to oversee the course of this crime.
Criminal Responsibility for Narcotics Abuse from the Ultimum Remidium Perspective
This research discusses the concept and strategies for criminal law enforcement against drug abuse in the future to better align with the principle of ultimum remedy. The background of this research is based on the fact that drug law enforcement policies in Indonesia are still repressive, with imprisonment as the primary means of combating drug abuse. Such an approach leads to various negative impacts such as overcapacity in correctional institutions, low effectiveness of rehabilitation, and the criminalization of users who are actually victims of addiction. The main issues of this research include: (1) criminal liability for drug abuse in Indonesia according to Law Number 35 of 2009 concerning Narcotics; (2) obstacles and problems in applying the principle of ultimum remedy to drug users in Indonesia today; and (3) the concept and strategy of criminal law enforcement against drug abuse in the future to better align with the principle of ultimum remedy. The research method used is a normative legal approach, using primary data in the form of laws and national policies, as well as secondary data such as literature, journals, and the results of comparative studies. The research findings indicate that the effectiveness of drug law policies is not determined by the severity of the sanctions, but rather by the legal system's ability to integrate legal, health, and social approaches. Therefore, the future direction of criminal law reform for narcotics needs to focus on applying the principle of ultimum remedy, strengthening rehabilitation mechanisms, establishing cross-sectoral institutions, and changing the paradigm of law enforcement officers to be more oriented toward corrective justice and social recovery. Keywords: Narcotics, Criminal Law Enforcement, Ultimum Remedium, Rehabilitation, Legal Reform.
Legal Analysis of Termination of Investigations in Eradication of Narcotics Crimes
Drug trafficking is a very serious crime, as it can damage health, the economy, and social morals. The status of the crime of drug trafficking, which can be considered very serious, still has various weaknesses in its enforcement, one of which is the mechanism for terminating investigations in narcotics cases as referred to in Article 109 of the Criminal Procedure Code and PERPOL (Republic of Indonesia National Police Regulation) Number 08 of 2021 concerning Handling Criminal Acts Based on Restorative Justice. This thesis research aims to identify, analyze, and identify issues related to the regulation of investigation termination in the current eradication of narcotics crimes. To identify, analyze, and identify weaknesses in the implementation of investigation termination in the current eradication of narcotics crimes. The type of research in this thesis is empirical. Empirical legal research, also called sociological legal research, is legal research that examines law conceptualized as actual behavior, as an unwritten social phenomenon experienced by everyone in social relationships. Based on the research conducted, it can be seen that The current regulation on termination of investigations in the eradication of narcotics crimes has not been able to realize Pancasila justice, this is because the problem in the Regulation of the Republic of Indonesia National Police Number 8 of 2021 concerning Handling of Criminal Acts Based on Restorative Justice is that there is no regulation on legal efforts that can be taken by parties who are suspects in narcotics cases, the Regulation of the Republic of Indonesia National Police Number 8 of 2021 concerning Handling of Criminal Acts Based on Restorative Justice also does not contain any strict sanctions for law enforcement officers who abuse their authority in determining the termination of investigations in narcotics cases. This can also result in legal uncertainty for suspects in narcotics criminal cases.
Legal Analysis of the Authority of Law Enforcement Agencies in Marine and Coastal Areas
Indonesia adheres to the concept of multi-agency single task in law enforcement in maritime and coastal areas. This is evident from the existence of 14 (fourteen) ministries/state institutions that have the authority to enforce the law in maritime and coastal areas as a result of the delegation of 18 (eighteen) laws related to maritime areas. The large number of ministries/state institutions involved in law enforcement makes the implementation of law enforcement ineffective due to the widespread overlapping authority regarding which institution has the authority to enforce the law if a violation occurs in Indonesian maritime and coastal areas. In addition, the problem of the large number of institutions authorized to enforce the law in maritime and coastal areas has a domino effect in the form of insufficient budget allocation for law enforcement, a shortage of the number and quality of investigative officers, and a lack of supporting facilities and infrastructure. This study aims to analyze the current regulation of law enforcement authority in maritime and coastal areas. To analyze the weaknesses and solutions in the implementation of law enforcement in maritime and coastal areas today. The research used in this thesis is normative legal. Normative legal research is usually "simply" a documentary study, using legal sources such as legislation, court decisions/rules, contracts/agreements/contracts, legal theories, and scholarly opinions. Another name for normative legal research is doctrinal legal research, also referred to as library research or document study. Based on the research conducted, it is known that the implementation of law enforcement in maritime and coastal areas is characterized by overlapping authority among 14 (fourteen) ministries/state institutions mandated by 18 (eighteen) laws as law enforcement officers in maritime and coastal areas. This overlapping authority is characterized by the existence of similar authority to carry out surveillance, pursuit, and investigation in maritime areas and Indonesian jurisdiction. This condition is particularly experienced byThe Indonesian Navy is based on Article 14 paragraph (1) of Law No. 5 of 1983 concerning the EEZ, Article 9 of Law No. 34 of 2004 concerning the Indonesian National Armed Forces, and Article 10 of Law No. 3 of 2002 concerning National Defense. In addition, there is also an overlap with the authority of the KPLP as regulated in Article 276-Article 278 of Law No. 17 of 2008 concerning Shipping.
Legal Review of the Implementation of Scientific Crime Investigation by the Police as an Effort to Prove Crimes
With the advancement of forensic technology, digital analysis, and various other scientific methods, law enforcement officials can now collect and analyze evidence more accurately and systematically. Scientific Criminal Investigation is an investigative process that utilizes science and technology applied to forensic functions within its evidentiary system. All valid evidence under the applicable Criminal Procedure Code has equal legal force. The issue lies in the extent to which such valid evidence is useful and can assist the general judicial process during the investigation. The aim of this research is to determine and analyze (1) the legal legitimacy of the function of the scientific crime investigation method in the process of handling crimes, (2) the nature of the functional urgency of the scientific crime investigation method in efforts to prove crimes, and (3) the problems in applying the scientific crime investigation method in efforts to prove crimes. The approach method used in this research is normative juridical. The specifications of this research are analytical descriptive. The data source used is secondary data. Secondary data is data obtained from library research consisting of primary legal materials, secondary legal materials and tertiary legal materials. The research results and discussion can be concluded: (1) In terms of legal legitimacy regarding efforts to obtain evidence using the scientific crime investigation method, there are several legal provisions that accommodate the legality of the SCI action, including the provisions of Article 120 of the Criminal Procedure Code, in which if the investigator deems it necessary, he can ask for the opinion of an expert or someone who has special expertise. (2) In terms of urgency, this method is very helpful in implementing Scientific Crime Investigation, which has revolutionized the way of proving criminal cases. If implemented correctly, this strategy is said to be very useful for law enforcement in solving cases that lack evidence. When all conventional investigative efforts cannot be revealed and reach a dead end, the law turns to other scientific fields to help and in terms of legality, this is valid and represents a support system in the smooth enforcement of the law. (3) Although the Scientific Crime Investigation method in proving a crime that lacks evidence is very effective and accurate, there are several problems as part of the weaknesses of using this method in revealing various crimes. In principle, SCI uses science that develops along with the times. Examination data becomes more complex and detailed over time. Errors, such as missing or incorrect data, are common when processing evidence, and are related to its limitation or reduction.
Investigation Process Against the Child Perpetrator Restorative Justice-Based Criminal Action at the Pemalang Police Resort
Abstract. This study aims to identify and analyze the process of investigating child perpetrators of criminal acts in accordance with the laws and regulations in force in Indonesia and the forms of efforts to implement restorative justice as legal protection for perpetrators of crimes committed by children. The problem in this research is how to apply the Principles of Restorative Justice to children who commit crimes in the Pemalang Resort Police, and what are the inhibiting factors for the police, especially investigators in applying the Principles of Restorative Justice to children who commit crimes in the Pemalang Resort Police. This study uses a sociological juridical approach, which means adopting an approach that examines and discusses the problems raised. The juridical approach refers to the legal principles contained in written regulations, while the sociological approach aims to clarify situations that actually exist and arise in society related to the problem under study, or to give importance to observation steps. The results of this research are: (1) Mapping the definition of Restorative Justice in regulations in the criminal justice system in Indonesia currently which can support the implementation of Restorative Justice as a form of legal legitimacy; (2) the application of Restorative Justice to child criminals in Pemalang Regency, especially those registered with the Pemalang Police, is carried out with the consideration that children still have a long future, so they need to be given the opportunity to change; (3) The application of Restorative Justice to perpetrators of criminal acts committed by children is resolved by means of deliberation or discussion between the perpetrators of criminal acts, victims, families of perpetrators and victims, the community and law enforcement, where through a process of deliberation or discussion together to find a way best and fair for both victims and perpetrators.
Legal Analysis of the Application of Article 363 Paragraph (1) 5 of the Criminal Code to the Crime of Aggravated Theft from an Islamic Law Perspective (Study of Decision Number 666/Pid.B/2025/PN Dps)
This study aims to analyze the application of Article 363 paragraph (1) point 5 of the Indonesian Criminal Code (KUHP) in relation to the criminal act of aggravated theft as examined in Decision Number 666/Pid.B/2025/PN Dps, and to assess it from the perspective of Islamic law by reviewing the conformity of jarīmah sariqah elements, the niṣāb threshold, and the relevance of the restorative justice principle. This research employs a normative juridical method with statutory, conceptual, and comparative approaches to examine both positive legal norms and Islamic legal principles. The data sources consist of primary legal materials such as legislation and court decisions; secondary legal materials in the form of scholarly literature and legal experts' opinions; and tertiary legal materials that support the conceptual analysis. The findings indicate that the application of positive law in the decision has fulfilled the principles of legality and legal certainty, yet it has not fully reflected substantive justice according to Islamic law. From the Islamic legal perspective, the sanctions imposed on the offender should be oriented toward ta'zīr—a corrective and restorative punishment rather than purely retributive. Integrating Islamic justice values with the restorative justice approach represents a crucial step toward developing a national legal system that is more humanistic, equitable, and oriented toward the common good.
Legal Analysis of the Procedure for Forming Mayoral Regulations Outside of the Planning for Drafting Mayoral Regulations in the Semarang City Government
This research aims to identify and analyze the procedures for formulating major regulations outside the planning, as well as the legal implications of its enactment. The method used is empirical juridical or empirical legal research. T specification applied is descriptive analytical. The data collection method is interviews and literature study legal materials. Based on the research, the formulation of Semarang Mayor Regulations outside the Planning of Mayor Regulations is carried out in accordance with following in the fifth dictum, which conditions APBD follow-ups, court decisions, BPK recommendations, higher-level mandates, directives from the Mayor of Semarang, and urgent conditions. In practice, procedures are not fully followed and the regulations more frequently make through coordination between the proposing regional apparatus and the legal division to assess the urgency of issuing major regulations. Then, the proposing regional apparatus submits a draft with explanation as the main considerations for making regulation. Then followed by the process of discussion, ratification or signing and promulgation in accordance with prevailing laws and regulations. The legal implications and consequences of enacting Semarang Mayor Regulations outside the planning include the possibility of annulment by the Governor and the potential for formal or material judicial review to the Supreme Court.
The Role and Function of the Kupang City Traffic Unit in Implementing Law No. 22 of 2009 for the Regulation of Driving Licenses
The presence of the Traffic Police in this operation is not only limited to taking action against violations, but also involves a persuasive and educational approach aimed at raising public awareness about the importance of traffic safety. Traffic Police, despite having the duty to impose strict sanctions for violations that occur, still strive to provide education so that the public not only obeys the law, but also understands the meaning of traffic regulations themselves. This approach is expected to reduce the number of traffic violations and accidents in the future, as well as encourage drivers to be more responsible when driving. This research uses an empirical legal research method (socio-legal research). Empirical legal research was chosen because in addition to examining the legal norms in Law No. 22 of 2009 concerning Traffic and Road Transportation, this study also emphasizes how the implementation of these regulations is carried out by the Kupang City Traffic Police in practice, especially in regulating Driving Licenses (SIM). Thus, the research does not only stop at a normative study of the law, but also looks at social reality, namely the extent to which the community complies with having a SIM and the role of the police in enforcing these regulations. Based on the research results in Chapter III, the mechanism for regulating Driving Licenses (SIM) by the Kupang City Police Traffic Unit has been implemented in accordance with the provisions of Law Number 22 of 2009 and its implementing regulations. The enforcement is carried out through routine operations and special operations in the field, checking the completeness of driver administration, and the verification and issuance of SIMs at the Regident Unit.
The Role of Bhabinkamtibmas in Addressing Crimes Against Women and Children in the Blora Police Jurisdiction
This research aims to analyze the role of Bhabinkamtibmas in combating crimes against women and children within the jurisdiction of the Blora Police, identify the obstacles faced and their solutions, and formulate strategies to optimize this role in the future. The research uses a qualitative method with a legal-empirical approach, combining literature studies, analysis of official documents, and interviews with police officers, victims, and community leaders. The research results indicate that the Bhabinkamtibmas (Village Security and Order Officer) plays a strategic role as the police's frontline at the village level in prevention, initial enforcement, and victim recovery. These roles include legal socialization, early detection of potential criminal activity, facilitation of reporting, victim support, and coordination with relevant agencies. The obstacles faced include limited personnel, minimal infrastructure, low legal awareness among the public, cultural factors, and coordination constraints between institutions. Referring to Soerjono Soekanto's law enforcement theory and victimology perspectives, these obstacles can be overcome through increased personnel capacity, strengthened cross-sectoral synergy, utilization of digital technology, and more operational regulatory support. The optimal strategy for enhancing the role of Bhabinkamtibmas in the future is directed toward three main aspects: (1) strengthening the competence and professionalism of personnel, (2) developing technology-based detection and reporting systems, and (3) empowering the community as active partners in prevention. This research recommends that the Blora Police, in collaboration with the local government and community, establish an integrated mechanism for the protection of women and children, supported by budget, local regulations, and sustainable education programs.
Legal Responsibility for Perpetrators of Criminal Acts of Threats (Study of Decision No. 29/PID.B/2025/PN TNN)
This research is motivated by the growing forms of criminal threats that occur not only physically but also through digital media in line with technological advances. This phenomenon poses a danger to the sense of security within society and demands the assurance of legal certainty and justice in the enforcement of criminal law. Therefore, this study aims to analyze the construction of the criminal act of threat within the concept of legal certainty and to examine the legal responsibility of the perpetrator based on Decision Number 29/Pid.B/2025/PN Tondano. This research employs a normative (doctrinal) legal research method with several approaches, namely the statute approach, case approach, and conceptual approach. The analysis was conducted qualitatively to identify the application of legal norms to the factual circumstances revealed during the trial. This normative approach was chosen to ensure that the discussion of the criminal liability of perpetrators of threats is examined systematically, logically, and in accordance with the prevailing principles of criminal law. The findings of this study indicate that the criminal act of threat constitutes a formal offense, which is considered complete once the threat is made and induces a real sense of fear in the victim, without requiring any physical consequences. The Panel of Judges in Court Decision Number 29/Pid.B/2025/PN Tondano declared that the defendant was legally and convincingly proven guilty of committing the crime of threat and sentenced him to one (1) year of imprisonment. This decision reflects the application of the principles of nullum crimen sine lege and nulla poena sine lege, ensuring legal certainty while demonstrating a balance between substantive justice, victim protection, and offender rehabilitation. Therefore, this research is expected to contribute academically to the development of Indonesian criminal law that upholds justice and promotes the protection of human rights.
Legal Analysis and Implications of Modern Retail Licensing (Case Study: Alfamart and Indomart) In an Effort to Empower MSMEs in Pekalongan City
Franchise minimarket chains such as Alfamart and Indomaret have websites accessible to everyone and provide detailed information on how to set up a franchise minimarket. Indomaret outlets are required to be 50–150 m2 in size, while Alfamart outlets are required to be 150–250 m2. The relatively small size of the business space allows for greater opportunities to enter the franchise system. Public interest in shopping at minimarkets has also increased due to the opinion that modern markets (including minimarkets) are tidier, cleaner, and more practical than traditional markets, although many people still choose to be loyal to traditional markets. This represents a shift from functional needs to psychological needs. Functional needs are needs directly related to the form or appearance (performance) of a product, while psychological needs are needs associated with the mental needs of consumers that can be met by shopping or purchasing a product. This research is a qualitative descriptive study. Qualitative descriptive research aims to describe or explain a phenomenon or problem in depth, using qualitative data such as interviews, observations, and document analysis. This research does not aim to test hypotheses or establish causal relationships, but rather focuses on a rich and detailed understanding of a phenomenon. This regulation aims to create a balance between modern retailers and local business actors. The existence of an electronically integrated business licensing system (Online Single Submission/OSS) based on the Job Creation Law has made the modern retail licensing process more centralized. However, the Pekalongan City Government still has the authority to limit or regulate certain aspects, such as zoning and partnerships.