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All Journal Journal Customary Law Al-battar: Jurnal Pamungkas Hukum
John Piter Tampubolon
Universitas Borobudur
Law, Crime, Criminology & Criminal Justice Other

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Criminal Liability for Traffic Accident Perpetrators with Schizophrenia John Piter Tampubolon; Natsir Asnawi
Journal Customary Law Vol. 3 No. 3.1 (2026): ICLSSEE Special Collection
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/jcl.v3i3.1.5884

Abstract

The high number of traffic accidents in Indonesia is still narrowly understood as legal events oriented towards physical victims and material losses, while the psychological impact experienced by witnesses and indirect victims has not received adequate attention in the construction of criminal law. This condition becomes increasingly problematic when accidents involve perpetrators with mental disorders, particularly schizophrenia, because positive law does not provide clear and consistent regulations regarding criminal liability and the actions that can be imposed. The National Criminal Code, through Law Number 1 of 2023, does introduce the concept of action against perpetrators who are unable to take responsibility, but the use of the phrase "can be subject to action" in Article 39 actually opens up space for legal uncertainty and excessive discretion. This study aims to analyze the weaknesses in the legal construction of criminal liability in traffic accidents involving perpetrators with schizophrenia and formulate a more just and humane normative reconstruction model. The method employed is normative legal research with a statutory and conceptual approach, which examines the principle of fault, the theory of criminal liability, and the relationship between criminal law and mental health law. The research findings indicate that the absence of standards for assessing capacity for responsibility and the lack of firm norms for action have the potential to lead to inconsistent law enforcement and neglect the interests of victims and the protection of perpetrators' human rights. This research proposes a reconstruction of criminal responsibility based on the separation of criminal acts and capacity for responsibility, strengthening the role of forensic psychiatry, and implementing a criminal and action system oriented toward substantive justice.
Comparative Authority in Cybercrime Investigation: Indonesian Police and Related Institutions John Piter Tampubolon; Rineke Sara
al-Battar: Jurnal Pamungkas Hukum Vol. 2 No. 3 (2025): Desember
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/al-battar.v2i3.448

Abstract

The rapid expansion of information technology has significantly increased cybercrime in Indonesia, necessitating a clear and coordinated law enforcement framework. This article aims to comparatively analyze the authority to investigate cybercrime between the Indonesian National Police (Polri) and other related institutions, including the Attorney General’s Office, the National Cyber and Crypto Agency (BSSN), and the Ministry of Communication and Informatics (Kominfo). The research employs a normative juridical method with statutory and conceptual approaches, supported by comparative analysis of institutional authority based on Law Number 1 of 2024 concerning Electronic Information and Transactions, the Criminal Procedure Code (KUHAP), and Law Number 16 of 2004 concerning the Prosecutor’s Office. The findings indicate that Polri holds dominant and comprehensive investigative authority, while other institutions perform supportive, supervisory, and technical functions without direct investigative attribution. However, regulatory fragmentation and weak coordination mechanisms create overlaps and inefficiencies in cybercrime handling. This study concludes that regulatory harmonization and the establishment of an integrated coordination framework are essential to ensure effective, accountable, and human-rights-oriented cybercrime law enforcement in Indonesia.
Co-Authors Natsir Asnawi Rineke Sara