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All Journal JUNCTO: Jurnal Ilmiah Hukum Mawaddah: Jurnal Hukum Keluarga Islam Integralistik Realism: Law Review
Aditya Wiguna Sanjaya
Universitas Negeri Surabaya
Religion Law, Crime, Criminology & Criminal Justice Social Sciences

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Normative Critique of Passive Money Laundering Formulation in Indonesian Criminal Law: An Islamic Proportionality Perspective Aditya Wiguna Sanjaya; Kiki Kristanto; Nabilaa Mohamed; Taufik Firmanto; Rudhi Achsoni
Mawaddah: Jurnal Hukum Keluarga Islam Vol 4 No 1 (2026): Mei
Publisher : Universitas Muhammadiyah Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52496/mjhki.v4i1.82

Abstract

Money laundering crimes are generally classified into active and passive forms. In the Indonesian context, passive money laundering based on Article 607 paragraph (1) letter (c) of the Criminal Code adopts the pro parte dolus pro parte culpa model which equates criminal liability between intentional acts and those committed due to negligence. This approach raises normative issues related to the principle of proportionality which requires differentiating sanctions based on the degree of error. This study aims to analyze the principle of proportionality in Islamic criminal law and evaluate the suitability of the formulation through a comparative approach. This study uses normative legal methods with legislative, conceptual, and comparative approaches. The analysis was carried out on the provisions of Indonesian criminal law, Islamic criminal law principles, and several relevant foreign legal systems. The results of the study show that Islamic criminal law expressly distinguishes the level of error in the imposition of sanctions, as reflected in the concepts of qisas and diyat. This principle is also in line with a number of modern legal systems that separate intentional crimes (dolus) and negligent crimes (culpa) with different criminal consequences. On the other hand, the pro parte dolus pro parte culpa model in the Criminal Code has the potential to obscure these differences by imposing equivalent sanctions, thereby weakening the principle of proportionality and risking substantive injustice. This research contributes theoretically through strengthening the study of comparative criminal law based on the integration of Islamic law perspectives, as well as practically by recommending the reformulation of criminal policies to ensure more optimal proportionality and justice.
Revitalizing Constitutional Law Learning through a Problem-Based Learning Approach in Legal Education Hezron Sabar Rotua Tinambunan; Syahid Akhmad Faisol; Tevan Agus Setiawan; Firyal Nurul Badriyah; Anisa Deny Setiawati; Aditya Wiguna Sanjaya; Febrian Indar Surya Kusuma
Realism: Law Review Vol. 3 No. 3 (2025): Realism: Law Review
Publisher : Sabtida

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71250/rlr.v3i3.126

Abstract

Textbooks are a crucial component in higher education as primary learning resources that support conceptual understanding and analytical skills. In legal education, their role extends to shaping systematic and critical legal reasoning. However, the availability of textbooks aligned with the Semester Learning Plan (RPS) remains limited, particularly in Constitutional Law courses, resulting in fragmented and less contextual learning experiences. This study aims to develop and test a Problem-Based Learning (PBL)-based Constitutional Law textbook integrated with legal protection and human rights perspectives. The research employs an experimental design by implementing a prototype textbook in the Undergraduate Law Program, Campus 5, State University of Surabaya, and collecting feedback from students and experts. The results indicate that the developed textbook enhances students' critical thinking, analytical skills, and understanding of constitutional issues, especially those related to legal protection and human rights. The PBL approach encourages active learning through case analysis and problem-solving activities, making the learning process more contextual and participatory. This study contributes both theoretically and practically to the development of innovative, adaptive, and context-based legal education materials that support academic competitiveness.
Strategi Internalisasi Pencegahan Kekerasan Menuju Pengasuhan yang Humanis (Studi di Pondok Pesantren Darul Ulum Magetan) Anisa Deny Setiawati; Emmilia Rusdiana; Nurul Hikmah; Syahid Akhmad Faisol; Aditya Wiguna Sanjaya
Integralistik Vol. 37 No. 1 (2026): Januari :2026
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/integralistik.v37i1.36750

Abstract

Violence still occurs in the education sector, as well as in Islamic boarding schools. Violence can occur due to a lack of knowledge among students, guardians, and administrators. In contrast, one of the determinants of efforts to eliminate violence in Islamic boarding schools is the policy within the Islamic boarding school environment. One of the spearheads of violence that appears in the Islamic boarding school environment is the parenting pattern in the relationship between the Islamic boarding school and students. This activity aims to identify knowledge about violence and Islamic boarding school policies in preventing violence, with the specific objective of being the initial step in compiling patterns of Islamic boarding school policies. Data collection, based on Focus Group Discussion (FGD) activities, involved 20 students, administrators, parents of students, and caretakers of an Islamic boarding school. The FGD produced patterns of violence and agreement in forming efforts to harmonize various parties in activities at Islamic boarding schools. This activity resulted in increased knowledge about violence and prevention efforts, as well as a commitment from administrators and caretakers to compile humanist Islamic boarding school care management patterns in accordance with the characteristics of Islamic boarding schools and other relevant government policies.
Validitas Hukum Percakapan WhatsApp Sebagai Alat Bukti Elektronik dalam Kasus Kekerasan Seksual Berbasis Digital di Indonesia. Lirih Tyas Anjarwati; Aditya Wiguna Sanjaya
JUNCTO: Jurnal Ilmiah Hukum Vol 8, No 1 (2026): JUNCTO : Jurnal Ilmiah Hukum JUNI
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/juncto.v8i1.7092

Abstract

This article aims to analyze the legal validity of WhatsApp conversations as electronic evidence in cases of digital sexual violence, as well as the limits of digital privacy protection in law enforcement. The discussion focuses on the use of conversations in private communication spaces as a basis for legal liability, using the case of a student in the Specialist Medical Education Program at the University of Indonesia as an illustration, as this case has sparked debate regarding the balance between the right to privacy and the interest in protecting victims. To approach this issue, this study draws on Ronald Dworkin’s “law as integrity” theory and John Rawls’s theory of justice, which emphasize the importance of moral consistency in law enforcement and the protection of those in vulnerable positions. Data were collected through a literature review using legislative, conceptual, case-based, and socio-legal approaches, and then analyzed qualitatively. This study concludes that WhatsApp conversations can serve as electronic evidence provided they meet the requirements of authentication, relevance, the pro-principle, and the principle of proportionality. The novelty of this study lies in the understanding that the right to digital privacy is not absolute but rather a relational and contextual right, and thus may be limited to protect victims and achieve justice.
Co-Authors Anisa Deny Setiawati Anisa Deny Setiawati EMMILIA RUSDIANA Febrian Indar Surya Kusuma Firyal Nurul Badriyah Hezron Sabar Rotua Tinambunan Kiki Kristanto Lirih Tyas Anjarwati Nabilaa Mohamed Nurul Hikmah Rudhi Achsoni Syahid Akhmad Faisol Taufik Firmanto Tevan Agus Setiawan