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All Journal Journal of Legal and Cultural Analytics (JLCA) Jurnal Hukum dan Peradilan
Hartiwiningsih
Universitas Sebelas Maret
Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice

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Reformulation of Narcotics Regulations to Eliminate Inconsistent Interpretation for Narcotics Offenders Anita Zulfiani; Hartiwiningsih; Dian Esti Pratiwi; Yussri Sawani
Jurnal Hukum dan Peradilan Vol 15 No 1 (2026)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.15.1.2026.111-138

Abstract

A considerable number of correctional facilities and detention centres in Indonesia are currently grappling with overcrowding issues, primarily driven by inmates involved in narcotics-related cases. This research aims to investigate the inconsistencies within narcotics regulations that lead to diverse interpretations of the law by law enforcement officials. The pressing aim of this study is to reduce the population of narcotics offenders serving prison sentences, thus alleviating the problem of overcrowding. This research adopts a qualitative methodology focusing on legislative and conceptual analysis. The research findings underscore the necessity for a revision of narcotics legislation. More specifically, this involves categorizing narcotics offenders based on their intent, making a clear distinction between "narcotics users," encompassing individuals who use drugs, suffer from addiction, or have become victims of narcotics abuse, and "narcotics profiteers," which includes those engaged in selling, facilitating transactions, manufacturing, or inducing others into narcotics abuse and victimization. In summary, this research highlights that consistency is needed in the regulation of narcotics articles by creating clear categories of behavior that are included in narcotics crimes to eliminate the various interpretations of the law, ultimately ensuring a fair and legally certain criminal justice system.
Reconstruction of Criminal Law Regarding Consumer Protection in Peer-to-Peer (P2P) Lending Services in Indonesia, Concerning Balancing Rights and Responsibilities in the Digital Era based on Pancasila Justice Tegar Harbriyana Putra; Hartiwiningsih; Adriana Grahani Firdausy
Journal of Legal and Cultural Analytics Vol. 5 No. 2 (2026): May 2026
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v5i2.16703

Abstract

The development of Peer-to-Peer (P2P) Lending services in Indonesia has increased financial accessibility but also created consumer protection issues, including personal data misuse, lack of transparency, and abusive debt collection practices. These problems indicate weaknesses in the existing criminal law framework, which remains unable to adequately address digital-based crimes and regulatory fragmentation. This study aims to analyze the current construction of criminal law in P2P Lending services, examine the integration of Pancasila justice values, and formulate a reconstruction model that balances consumer rights and provider responsibilities. Using a normative juridical method with statutory, conceptual, and philosophical approaches, the study finds that existing criminal law remains conventional and insufficiently responsive to digital exploitation. Therefore, criminal law reconstruction should integrate legal substance, enforcement mechanisms, institutional structures, and legal culture based on the values of Pancasila. Such reconstruction is expected to create an adaptive, just, and accountable consumer protection system within Indonesia’s fintech ecosystem.
Reconstruction of Legal Policy in the Juvenile Criminal Justice System Through the Integration of Local Wisdom Values in Indonesia Ananda Megha Wiedhar Saputri; Adi Sulistiyono; Hartiwiningsih
Journal of Legal and Cultural Analytics Vol. 5 No. 2 (2026): May 2026
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v5i2.16726

Abstract

Children are an integral part of the continuity of a nation and state and serve as the next generation that determines the future of national development. However, rapid social change, economic disparities, and family problems often lead children to engage in deviant behavior, resulting in conflicts with the law. The phenomenon of children in conflict with the law (ABH) remains a complex issue in Indonesia, where the juvenile criminal justice system has not fully integrated the values of local wisdom. This study examines the current legal policy of the juvenile criminal justice system, identifies its weaknesses and implementation problems, and proposes a reconstruction of legal policy through the integration of Indonesian local wisdom values. This normative research employs socio-legal, statutory, conceptual, and case approaches. Secondary data were obtained from primary, secondary, and tertiary legal materials and analyzed qualitatively using a descriptive-analytical method. The findings indicate that the existing juvenile criminal justice system still has weaknesses and requires legal policy reconstruction through the incorporation of local wisdom values in Indonesia.
Co-Authors Adi Sulistiyono Adriana Grahani Firdausy Ananda Megha Wiedhar Saputri Anita Zulfiani Dian Esti Pratiwi Tegar Harbriyana Putra Yussri Sawani