Article Per Year (5 Year)
p-Index From 2021 - 2026
0.444
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All Journal Journal of Social Research Nusantara: Journal Of Law Studies
Ahmad Irzal Fardiansyah
Universitas Lampung, Indonesia
Religion Humanities Computer Science & IT Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Law Enforcement Against Human Trafficking: Challenges And Solutions From A Criminal Law Perspective Ika Andri Mellana; Fristia Berdian Tamza; Ahmad Irzal Fardiansyah
Journal of Social Research Vol. 4 No. 12 (2025): Journal of Social Research
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v4i12.2915

Abstract

Human trafficking is a complex transnational crime with widespread impacts on human dignity and worth. In Indonesia, efforts to eradicate TIP are regulated by Law Number 21 of 2007 concerning the Eradication of the Crime of TIP, which serves as the lex specialis for handling this case. However, reality shows that law enforcement practices regarding TIP still face various challenges. This study aims to analyze the challenges of TIP law enforcement in Indonesia and propose solutions from a criminal law perspective. The method used is normative-juridical legal research. The analysis shows that law enforcement efforts regarding TIP need to be strengthened through the application of maximum criminal sanctions, comprehensive protection for victims, increased capacity of officers, the use of digital technology in investigations, and strengthened international cooperation. With these steps, it is hoped that TIP law enforcement in Indonesia can be more effective in preventing, prosecuting, and breaking the chain of human trafficking crimes.
Reformulating Rechterlijk Pardon in the Criminal Procedure Code: A Comparative Study with the Dutch Criminal Justice System Khaoeirun Nissa; Heni Siswanto; Ahmad Irzal Fardiansyah; Erna Dewi; Zulkarnain Ridlwan; Denys Illiashchuk
Nusantara: Journal of Law Studies Vol. 5 No. 2 (2026): Nusantara: Journal of Law Studies
Publisher : PT. Islamic Research Publiser

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66325/nusantaralaw.v5i2.351

Abstract

The enactment of Article 54 paragraph (2) of Law Number 1 of 2023 concerning the Indonesian Criminal Code (KUHP) introduces the concept of rechterlijk pardon as a progressive mechanism that enables judges to refrain from imposing criminal sanctions based on humanitarian and justice considerations. However, despite its substantive recognition, the absence of corresponding procedural provisions in the Indonesian Criminal Procedure Code (KUHAP) has created a normative gap that threatens legal certainty, judicial accountability, and consistency in criminal adjudication. This study addresses three research questions: (1) how rechterlijk pardon is currently positioned within the Indonesian criminal justice system; (2) how the concept is regulated and implemented in the Dutch criminal justice system; and (3) what procedural model should be adopted to reformulate rechterlijk pardon within the Indonesian Criminal Procedure Code. Using a normative juridical approach combined with a qualitative comparative method, this research analyses statutory provisions, legal doctrines, scholarly literature, and comparative materials, particularly Article 9a of the Dutch Wetboek van Strafrecht. The findings show that Indonesia has recognised rechterlijk pardon as a progressive instrument for achieving substantive justice, humanity, and proportionality in sentencing; however, its implementation remains vulnerable to legal uncertainty, inconsistent judicial practice, and potential abuse of discretion due to the absence of procedural safeguards. The Dutch model demonstrates that judicial pardon can operate effectively when supported by clear criteria, written judicial reasoning, oversight mechanisms, and accountability standards. This study contributes academically by proposing a contextual reformulation of rechterlijk pardon within the KUHAP, emphasising clear eligibility criteria, mandatory reasoned decisions, monitoring and reporting mechanisms, restorative justice, and Pancasila as the philosophical foundation of Indonesian criminal procedure reform.
Co-Authors Denys Illiashchuk Dewi, Erna Fristia Berdian Tamza Heni Siswanto Ika Andri Mellana Khaoeirun Nissa Zulkarnain Ridlwan