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p-Index From 2021 - 2026
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All Journal Journal Indonesia Law and Policy Review (JILPR)
Diding Rahmat
Marshal Suryadarma Aerospace University, East Jakarta, Indonesia
Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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CRIMINAL RESPONSIBILITY FOR PERPETRATORS OF HACKING CRIMINAL ACTS Guruh Tirta Lunggana; Diding Rahmat; Ardison Asri
JILPR Journal Indonesia Law and Policy Review Vol. 7 No. 2 (2026): Journal Indonesia Law and Policy Review (JILPR), February 2026
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v7i2.616

Abstract

Hacking is a form of cybercrime that threatens the security of electronic systems and personal data. In Indonesia, this act is strictly regulated in Law No. 11 of 2008 concerning Electronic Information and Transactions (ITE Law), as amended by Law No. 19 of 2016. Article 30 of the ITE Law prohibits anyone from accessing electronic systems without authorization, whether to obtain information or by breaching security systems. Criminal liability for hacking is emphasized in Article 46 of the ITE Law, with significant penalties of imprisonment and fines. This study shows that the criminal elements in hacking include unlawful acts, malicious intent (mens rea), and the consequences caused. Legally, this regulation reflects the state's commitment to protecting the integrity and privacy of electronic systems. However, its imple-mentation requires support from competent law enforcement agencies and regulations that are adaptive to technological developments. Therefore, efforts to enhance capacity, update laws, and educate the public are needed to create a legal system capable of effectively responding to cybercrime.
IMPLEMENTATION OF PERFORMANCE-BASED BUDGETING AS A LEGAL INSTRUMENT IN PUBLIC FINANCIAL MANAGEMENT IN INDONESIA Riano Purwonegoro Ahmad; Diding Rahmat; Lasmauli Noverita
JILPR Journal Indonesia Law and Policy Review Vol. 7 No. 2 (2026): Journal Indonesia Law and Policy Review (JILPR), February 2026
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v7i2.617

Abstract

The implementation of performance-based budgeting is an important part of state financial management reform, which aims to improve transparency, accountability, and efficiency in the use of public budgets. This system links the allocation of funds to measurable performance outcomes, thereby changing the paradigm of financial management from simply absorbing the budget to achieving effective and efficient results. This study discusses how performance-based budgeting functions not only as a technocratic tool but also as a legal instrument that binds government institutions to be accountable for the results of state budget use. The legal basis for PBB in Indonesia is reflected in Law No. 17 of 2003 on State Finance and Law No. 1 of 2004 on State Treasury. However, in practice, the implementation of PBB still faces various challenges, such as limited human resources, weak performance indicator development, and a lack of integration between planning and budgeting. Therefore, it is necessary to improve the capacity of civil servants, strengthen information systems, and promote synergy between institutions to encourage the creation of better, more transparent, and accountable state financial management. Thus, performance-based budgeting plays a strategic role as a legal instrument in achieving accountable and results-oriented governance.
CORPORATE CIVIL LIABILITY FOR ENVIRONMENTAL POLLUTION FROM THE PERSPECTIVE OF INDONESIAN CIVIL LAW Trianto; Daniel Hendrawan; Diding Rahmat
JILPR Journal Indonesia Law and Policy Review Vol. 7 No. 2 (2026): Journal Indonesia Law and Policy Review (JILPR), February 2026
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v7i2.618

Abstract

Environmental pollution caused by corporations has serious impacts on communities and ecosystems. Civil lawsuits are one of the legal mechanisms used to hold corporations accountable and obtain compensation for the losses caused. This study examines how the mechanisms of evidence and compensation are applied in civil cases against corporations responsible for environmental pollution in Indonesia. Proving environmental cases is not always straightforward, as it requires complex scientific evidence and the involvement of experts. Therefore, the principle of strict liability or absolute liability under Law No. 32 of 2009 on the Protection and Management of the Environment serves as an important legal basis for enforcing environmental justice. Compensation is not only intended to compensate victims for their losses but also as an effort to restore the environment. This study emphasizes the importance of strengthening the capacity of law enforcement officials, enhancing the role of the community, and optimizing environmental courts to ensure that civil litigation mechanisms operate effectively and fairly.
THE URGENCY OF COMPULSORY MILITARY SERVICE IN THE FRAMEWORK OF MAINTAINING INDONESIA'S NATIONAL SECURITY Gio Zaky Asadul Haq; Bambang Widarto; Diding Rahmat
JILPR Journal Indonesia Law and Policy Review Vol. 7 No. 2 (2026): Journal Indonesia Law and Policy Review (JILPR), February 2026
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v7i2.619

Abstract

National security is a fundamental prerequisite for upholding sovereignty, territorial integrity, and the safety of all Indonesians. In an increasingly complex global context, Indonesia faces various potential threats, both traditional threats such as military aggression and non-traditional threats such as terrorism, separatism, cyber threats, and natural disasters. Indonesia's strategic geographic location, as the world's largest archipelagic nation, demands a comprehensive, adaptive, and people-driven defense system. This study examines the urgency or necessity of implementing mandatory military service to safeguard Indonesia's national security and compares the implementation of mandatory military service in Thailand and South Korea as a policy reference for Indonesia. The results indicate that mandatory military service in Indonesia is highly urgent in increasing public preparedness, building strategic defense reserves, and fostering a spirit of national defense. However, its implementation requires a clear legal basis, thorough planning, and readiness of infrastructure and human resources. Thus, compulsory military service can be a strategic instrument to strengthen the overall defense system in accordance with Indonesia's geostrategic characteristics.
CRIMINAL RESPONSIBILITY OF INDONESIAN NATIONAL ARMED FORCES MEMBERS IN CYBER CRIME Fera Kusumawati; Supri Abu; Diding Rahmat
JILPR Journal Indonesia Law and Policy Review Vol. 7 No. 3 (2026): Journal Indonesia Law and Policy Review (JILPR), June 2026
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v7i3.623

Abstract

The development of digital technology and the expansion of cyberspace have presented stra-tegic opportunities for the nation, but have also opened up the potential for new and increas-ingly complex crimes, including cybercrimes involving members of the Indonesian National Armed Forces (TNI). As part of the national defense apparatus, TNI soldiers are subject to the national legal system when committing electronic-based unlawful acts. This study aims to examine the legal provisions for cybercrimes in the laws and regulations applicable to TNI members and to analyze the forms of criminal liability for soldiers committing digital crimes. The method used is normative juridical research with a statute approach and a case approach through a review of relevant laws and regulations, legal doctrines, and court decisions. The results of the study indicate that the regulation of cybercrime for TNI members is basically based on the ITE Law (Law 11/2008 jo. Law 19/2016 jo. Law 1/2024), the New Criminal Code (Law 1/2023), the Criminal Code, the Military Court Law 31/1997, and the Military Discipline Law 25/2014. However, until now there has been no norm that specifically regulates cyber-military offenses so that the potential for overlapping jurisdictions is still found, especially in the application of lex specialis KUHPM and lex generalis ITE Law. Forms of criminal liability for TNI members include individual liability, command liability, and disciplinary liability if the act does not fulfill the elements of a crime. The phenomenon of spreading hoaxes by soldiers and involvement in online gambling shows that the handling of cyber violations is still dominated by disciplinary sanctions, not criminalization. This study concludes that the lack of cyber norms within the military legal framework requires more comprehensive regulatory reform, including revising the Criminal Code (KUHPPM), aligning the ITE Law with the military justice system, and developing technical guidelines for digital evidence for soldiers involved in cybercrimes. Strengthening digital literacy, establishing data security SOPs, and clarifying jurisdictional boundaries are necessary to ensure law enforcement is fair, consistent, and in line with the principles of TNI professionalism.
VIOLENCE AS A FORMAL AND MATERIAL CRIME IN THE KUHP AND THE TPKS LAW: A COMPARATIVE CONCEPTUAL STUDY Jenri Ranteallo; Rizky Pratama Putra Karo Karo; Diding Rahmat
JILPR Journal Indonesia Law and Policy Review Vol. 7 No. 3 (2026): Journal Indonesia Law and Policy Review (JILPR), June 2026
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v7i3.624

Abstract

Regulations on violence as a material offense in the Criminal Code (KUHP) and as a formal offense in Law Number 12 of 2022 concerning Criminal Acts of Sexual Violence (UU TPKS), with a focus on conceptual differences and their implications for criminal law enforcement in Indonesia. Violence in criminal law is not only related to the use of physical force, but also includes non-physical acts that attack the human dignity, personal freedom, and bodily au-tonomy of victims, particularly in the context of sexual violence. This study uses a normative legal research method with a statutory approach, a conceptual approach, and a comparative approach. The legal materials used include legislation, criminal law doctrine, and relevant literature. The analysis was conducted qualitatively by assessing the structure of the offense, protected legal interests, and evidentiary implications in each regulation. The results show that the Criminal Code predominantly formulates violence as a material offense that requires physical consequences and a causal relationship between the act and the consequences. This approach provides legal certainty, but has limitations in covering non-physical forms of vio-lence and sexual violence based on power relations. In contrast, the TPKS Law uses a formal crime approach that emphasizes the perpetrator's actions and the context of their relationship with the victim, without requiring any specific physical consequences. This approach strengthens victim protection and facilitates evidence in criminal justice practice. This study concludes that the differences in the regulation of violence as a material crime and a formal crime reflect a paradigm shift in Indonesian criminal law toward a more victim-oriented ap-proach. The Criminal Code and the TPKS Law complement each other within the national criminal law system and require proportional understanding in their application by law en-forcement officials.
LEGAL ANALYSIS OF THE PROVISIONS ON THE DEATH PENALTY IN THE CRIMINAL CODE Dedy Irawan; Diding Rahmat; Ardison Asri
JILPR Journal Indonesia Law and Policy Review Vol. 7 No. 3 (2026): Journal Indonesia Law and Policy Review (JILPR), June 2026
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v7i3.641

Abstract

Capital punishment is the most severe form of punishment in the Indonesian criminal justice system and remains a controversial issue that sparks debate between the need to uphold justice and the protection of human rights, particularly the right to life. Under the old Criminal Code, capital punishment was included as a primary punishment that could be imposed on perpetrators of serious crimes such as premeditated murder, terrorism, treason, and drug trafficking. Meanwhile, the new Criminal Code, as specified in Law No. 1 of 2023, introduces significant changes in the regulation of the death penalty. The death penalty is no longer positioned as the primary punishment but rather as a conditional alternative punishment, which is only imposed if other penalties are deemed insufficient to achieve justice. This study aims to examine the differences in the regulation of the death penalty in the old and new Criminal Codes and to analyze the considerations of judges in imposing the death penalty based on a study of Decision No. 32/Pid.Sus/2025/PN Pts. The approach used is normative legal with a descriptive analysis method. The results of the study show a shift in the criminal law paradigm from a retributive approach to a more restorative and humanistic approach. In the new Criminal Code, the death penalty can be imposed with a probation period of 10 years, and if during that period the convict demonstrates good attitude and behavior, the sentence can be changed to life imprisonment or a fixed term of imprisonment. The regulation of the death penalty in the new Criminal Code reflects the state's efforts to maintain the deterrent effect on serious crimes while upholding the principles of humanity and balanced justice.
LEGAL ANALYSIS OF THE IMPLEMENTATION OF RESTORATIVE JUSTICE TOWARDS CORPORATE RESPONSIBILITY IN THE CONTEXT OF ENVIRONMENTAL RESTORATION Dadang Wahyudin; Diding Rahmat; Ardison Asri
JILPR Journal Indonesia Law and Policy Review Vol. 7 No. 3 (2026): Journal Indonesia Law and Policy Review (JILPR), June 2026
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v7i3.643

Abstract

This study discusses the legal analysis of the application of restorative justice to corporate accountability in the context of environmental restoration. Environmental violations committed by corporations generally have a widespread and serious impact on ecosystems and the lives of surrounding communities. In national regulations, environmental law enforcement can be carried out through administrative, civil, and criminal channels. One key point is that corporations, as legal entities, can be held criminally liable if proven to have caused environmental pollution or damage. However, the imposition of sanctions on corporations still faces various challenges, such as weak enforcement, interference from vested interests, and a lack of concrete restoration for the environment and affected communities. In line with this, the restorative justice approach has begun to gain attention as an alternative in resolving environmental disputes. This approach emphasizes restoring environmental conditions and fulfilling the rights of affected communities, rather than merely punishing the perpetrators. In the context of Law no. 32 of 2009, restorative justice is reflected in out-of-court dispute resolution mechanisms, mediation, and ecological restoration. However, the lack of strong technical and institutional guidelines limits its implementation. Therefore, there is a need to strengthen regulations and the commitment of law enforcement officials to apply restorative justice more effectively in order to create environmental law enforcement that is not only repressive but also solution-oriented and sustainable.
APPLICATION OF THE PRINCIPLE OF EQUALITY BEFORE THE LAW IN THE CASE AMMAR ZONI'S NARCOTICS CRIME Elsa Efritha Wijaya; Diding Rahmat; Sudarto
JILPR Journal Indonesia Law and Policy Review Vol. 7 No. 3 (2026): Journal Indonesia Law and Policy Review (JILPR), June 2026
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v7i3.644

Abstract

This study aims to analyze the regulation and implementation of the principle of equality before the law within the Indonesian legal system, particularly in the enforcement of narcotics crime involving Ammar Zoni based on the Decision of the Central Jakarta District Court Number 632/Pid.Sus/2025/PN.Jkt.Pst. The principle of equality before the law is a fundamental concept in a rule of law state, which affirms that every individual has equal standing before the law without any form of discriminatory treatment. This research uses normative legal research methods with a statutory approach and a case approach. The data used in this study are secondary data consisting of primary, secondary, and tertiary legal materials obtained through library research. The data were analyzed qualitatively by interpreting and systematically examining relevant legal materials. The results of the study show that normatively the principle of equality before the law has been clearly regulated in the Indonesian legal system, particularly in Article 27 paragraph (1) and Article 28D paragraph (1) of the 1945 Constitution of the Republic of Indonesia as well as various statutory regulations governing the criminal justice system, including Law Number 35 of 2009 concerning Narcotics. In its application to the case involving Ammar Zoni, the legal process was carried out through the general criminal justice mechanism without any special treatment toward the defendant as a public figure. The panel of judges based their decision on valid evidence presented in court and the applicable legal provisions. Thus, procedurally, the principle of equality before the law in this case has been implemented through an objective judicial process based on the facts revealed during the trial.
LEGAL REVIEW OF PROTECTION ORDERS FOR VICTIMS OF DOMESTIC VIOLENCE Berliana Putri Pramesti; Bambang Widarto; Diding Rahmat
JILPR Journal Indonesia Law and Policy Review Vol. 7 No. 3 (2026): Journal Indonesia Law and Policy Review (JILPR), June 2026
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v7i3.646

Abstract

Domestic violence is a form of human rights violation that causes physical, psychological, sexual, and economic suffering for victims. In order to provide protection for victims, the state enacted Law Number 23 of 2004 concerning the Elimination of Domestic Violence, which regulates the issuance of a Protection Order as one of its legal mechanisms. This legal instrument aims to provide preventive protection for victims from the risk of repeated violence and to ensure their safety during the law enforcement process. This study aims to analyze the regulation of protection orders for victims of domestic violence under Law Number 23 of 2004 and their implementation in law enforcement practices in Indonesia. This research employs a normative legal research method with a statutory approach and a conceptual approach. The legal materials used consist of primary, secondary, and tertiary legal materials which are analyzed qualitatively through legal interpretation and juridical reasoning. The results of this study indicate that the regulation of protection orders in the Domestic Violence Law plays an important role as a preventive legal protection instrument for victims. Protection orders can be granted in the form of temporary protection provided by law enforcement officials as well as permanent protection determined by the court. However, in practice, the implementation of protection orders still faces several challenges, including the low level of public legal awareness, limited access of victims to protection services, and the lack of optimal coordination among law enforcement agencies. Therefore, it is necessary to enhance the capacity of law enforcement officials, strengthen coordination among relevant institutions, and increase legal awareness through public education so that the protection of domestic violence victims can be implemented effectively.
Co-Authors Ardison Asri Bambang Widarto Berliana Putri Pramesti Dadang Wahyudin Daniel Hendrawan Dedy Irawan Elsa Efritha Wijaya Fera Kusumawati Gio Zaky Asadul Haq Guruh Tirta Lunggana Jenri Ranteallo Lasmauli Noverita Riano Purwonegoro Ahmad Rizky Pratama Putra Karo Karo Sudarto Supri Abu Trianto