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All Journal Jejak digital: Jurnal Ilmiah Multidisiplin
Artukian Laila
Universitas Dirgantara Marsekal Suryadarma
Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Social Sciences Other

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Penerapan Pendekatan Restorative Justice dalam Penyelesaian Perkara Pidana pada Tingkat Penyidikan Jefry Rinaldi Sitanggang; Artukian Laila
Jejak digital: Jurnal Ilmiah Multidisiplin Vol. 2 No. 4 (2026): JUNI-JULI
Publisher : INDO PUBLISHING

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63822/f4f9tb43

Abstract

This study aims to analyze the application of the restorative justice approach in resolving criminal cases at the police investigation stage, as well as the obstacles encountered during its implementation. The research employs a normative legal research method utilizing both the statute approach and the conceptual approach. The findings indicate that the application of restorative justice at the investigation stage is regulated by Indonesian National Police Regulation (Perpol) Number 8 of 2021. This approach shifts the resolution of criminal cases away from formal judicial proceedings toward deliberation among the perpetrator, the victim, and their families to reach a peace agreement focused on restoring the victim's rights. However, implementation faces challenges such as limited public understanding, the potential for abuse by unscrupulous individuals, and restrictions regarding the types of criminal offenses eligible for resolution through this mechanism.
Analisis Hukum Pidana Terhadap Praktik Grooming Anak di Media Sosial Raden Suwito; Artukian Laila
Jejak digital: Jurnal Ilmiah Multidisiplin Vol. 2 No. 4 (2026): JUNI-JULI
Publisher : INDO PUBLISHING

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63822/v7vx1y06

Abstract

The rise of social media has shifted the patterns of sexual crimes against children from physical spaces to the digital realm, notably through "child grooming"—a process where an adult perpetrator gradually establishes an emotional bond with a child for the purpose of sexual exploitation. This article analyzes the criminal legal framework regarding child grooming on social media in Indonesia, the forms of criminal liability for perpetrators, and the legal challenges in law enforcement and the formulation of ideal criminal policies. The study employs a normative juridical method, utilizing both statutory and conceptual approaches. The findings indicate that although Indonesia lacks a standalone offense for grooming, the constituent acts can be prosecuted cumulatively under the National Criminal Code, the Child Protection Law, the Law on Sexual Violence Crimes, and the Electronic Information and Transactions Law. The absence of a standardized definition for the grooming phase—specifically regarding stages prior to physical contact—makes the burden of proof reliant on judicial interpretation and hinders proactive law enforcement. Additional challenges arise from digital forensic evidentiary issues, stigma that discourages victim reporting, and a lack of inter-agency coordination. The article recommends establishing grooming as a distinct criminal offense modeled after the Lanzarote Convention, alongside strengthened procedural laws for electronic evidence and the implementation of "safety by design" requirements for digital platform providers.
Co-Authors Jefry Rinaldi Sitanggang Raden Suwito