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All Journal FOCUS: Journal of Social Studies Decisio: Jurnal Ilmiah Hukum Humaniorum Journal
Bintang Wicaksono Ajie
IBLAM School of Law
Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences Other

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Analisis Putusan Perkara Tindak Pidana Penganiayaan yang Menyebabkan Kematian (Studi Kasus Putusan Nomor : 454/Pid.B/2024/PN.Sby Dan 1466 K/Pid/2024) Ryan Afriansyah; Bintang Wicaksono Ajie
Decisio: Jurnal Ilmiah Hukum Vol 3 No 1 (2026): DECISIO
Publisher : LPPM Iblam School of Law

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52249/decisio.v3i1.47

Abstract

This study examines the basis for judges' considerations in criminal assault cases resulting in death, focusing on the Surabaya District Court Decision Number 454/Pid.B/2024/PN.Sby and the Supreme Court Decision Number 1466/K/Pid/2024. Using a normative-empirical approach, this research combines primary data from court observations with secondary data from laws, books, and journals. The findings show that judges' decisions in both cases rely on legal, sociological, and philosophical considerations. Legal considerations involve the prosecutor's indictment, court revelations, and valid evidence. Sociological aspects focus on societal conditions and the social impact of the decision. Philosophical considerations are based on justice, legal certainty, and utility. A comparative analysis of the District Court and Supreme Court decisions reveals differences in interpreting the elements of the charges, especially regarding the perpetrator's intent (dolus) and the causal link between the defendant's actions and the resulting consequences.
Kedudukan Aset Kripto sebagai Sarana Penyembunyian Hasil Tindak Pidana Pencucian Uang ( Studi Kasus Putusan Nomor 111/Pid.B/2022/PN Kbm jo. Putusan Nomor 97/Pid/2023/PT SMG) Ananda Putri; Bintang Wicaksono Ajie
HUMANIORUM Vol 4 No 1 (2026): Jurnal Humaniorum
Publisher : PT Elaborium Elevasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/hmr.v4i1.159

Abstract

This research aims to analyze the legal position of cryptocurrency assets and their use as a means of concealing proceeds from money laundering offenses, using the Kebumen District Court Decision No. 111/Pid.B/2022/PN Kbm in conjunction with the Semarang High Court Decision No. 97/PID/2023/PT SMG as a case study. The research uses a normative juridical method, examining positive legal norms through library research, focusing on Law No. 8 of 2010 on the Prevention and Eradication of Money Laundering, as well as regulations from Bappebti (and later OJK) regarding cryptocurrency assets. The research findings indicate that the court classified cryptocurrency assets as "property" under Articles 2 and 3 of Law No. 8 of 2010, as they have economic value and are transferable, making them valid objects for money laundering offenses. The actions of the defendant, Fitriyani alias Fitri Crypto, converting fraudulently obtained funds into cryptocurrency assets and transferring them through various digital wallets, were seen as a form of disguising the origin of the assets, fulfilling the elements of money laundering under Articles 3 and 4 of the law. This decision provides legal certainty that digital assets can be treated the same as conventional assets in criminal cases. However, the research also highlights ongoing technical challenges in the seizure and proof of ownership of digital assets due to the pseudonymous nature of cryptocurrency transactions
Analisis Penerapan Keadilan Restoratif Berdasarkan Peraturan Perundang-undangan Teknis Instansi Penegak Hukum dalam Sistem Peradilan Pidana di Indonesia Rosalina Indah Sari; Bintang Wicaksono Ajie
FOCUS Vol 7 No 02 (2026): FOCUS: Jurnal Studi Sosial
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/fcs.v7i02.2335

Abstract

This study examines the implementation of restorative justice in the Indonesian criminal justice system and the exercise of investigative discretion. It focuses on the different standards established under Indonesian National Police Regulation Number 8 of 2021, Prosecutor’s Regulation Number 15 of 2020, and Supreme Court Regulation Number 1 of 2024, while considering Law Number 20 of 2025 on the Criminal Procedure Code as the latest statutory framework. This study employs normative legal research using statutory and conceptual approaches. Legal materials are examined qualitatively through statutory interpretation and an analysis of discretion, victim protection, and institutional accountability. The findings indicate that Law Number 20 of 2025 has paved the way for a more integrated restorative justice framework. However, differences in standards, procedures, and legal consequences under the Police Regulation, Prosecutor’s Regulation, and Supreme Court Regulation still require further harmonisation. The broadest discretion remains at the investigation stage because the Police Regulation contains open-ended criteria that require investigators to exercise judgment. Without clear guidelines, effective supervision, and adequate accountability, such authority may produce inconsistent decisions and increase the risk of arbitrary or improper use of power. The effectiveness of restorative justice therefore depends on the alignment of institutional regulations, control of investigative discretion, meaningful victim recovery, offender responsibility, and institutional accountability.
Co-Authors Ananda Putri Rosalina Indah Sari Ryan Afriansyah