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p-Index From 2021 - 2026
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All Journal International Journal of Health, Economics, and Social Sciences (IJHESS) International Journal of Humanities Education and Social Sciences
Ade Ari Gumilar
Universitas Galuh Ciamis
Humanities Economics, Econometrics & Finance Languange, Linguistic, Communication & Media Public Health Social Sciences Other

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Reform of Sexual Crimes in the National Criminal Code: Perspectives on Restorative Justice and Victim Protection Ade Ari Gumilar; Iwan Rasiwan; Sri Setiawati; Johannes Triestanto; Halisma Amili
International Journal Of Humanities Education and Social Sciences (IJHESS) Vol 5 No 5 (2026): IJHESS APRIL 2026
Publisher : CV. AFDIFAL MAJU BERKAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55227/ijhess.v5i5.2201

Abstract

The enactment of the new Indonesian Criminal Code (KUHP) represents a significant milestone in the reform of national criminal law, particularly in addressing sexual offenses. This reform is not only reflected in the expansion of offense definitions and the recalibration of criminal sanctions, but also in the formal recognition of restorative justice approaches and the strengthening of victim-centered protection mechanisms. This article aims to examine the extent to which restorative justice principles are incorporated within the new Criminal Code and to assess their implications for the fulfillment of victims’ rights in cases of sexual crimes. The study employs a normative legal research method, utilizing statutory and conceptual approaches through an analysis of the new Criminal Code, the Law on Sexual Violence Crimes, as well as relevant legal literature and national academic journals. The findings indicate that, at the normative level, the new Criminal Code provides legal space for the application of restorative justice as an alternative mechanism for resolving criminal cases, including certain categories of sexual offenses. Nevertheless, the implementation of this approach continues to face substantial challenges, particularly the risk of victim marginalization, power imbalances between offenders and victims, and the inadequacy of restitution and recovery mechanisms. Consequently, more explicit regulatory frameworks, clear implementation guidelines, and a stronger victim-oriented perspective are required to ensure that restorative justice practices do not undermine substantive justice or the protection of victims’ fundamental rights in sexual crime cases
Artificial Intelligence and Criminal Liability: New Challenges for Indonesian Criminal Law Ade Ari Gumilar; Zabidin; Rica Gusmarani; Makkah; Iwan Rasiwan
International Journal of Health, Economics, and Social Sciences (IJHESS) Vol. 8 No. 2: April 2026
Publisher : Universitas Muhammadiyah Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56338/ijhess.v8i2.10031

Abstract

The rapid advancement of Artificial Intelligence (AI) has significantly transformed various aspects of human life, including the field of criminal law. AI technology is no longer limited to functioning as a supporting tool; it is increasingly capable of operating in a semi-autonomous or fully autonomous manner through machine learning systems. This development raises new legal challenges, particularly concerning criminal liability when AI systems are involved in actions that constitute criminal offenses. The primary issue lies in determining the appropriate legal subject to be held accountable, given that the Indonesian criminal law system remains predominantly centered on human actors (natural persons). This study aims to examine the challenges of criminal liability arising from the use of AI in Indonesia and to explore relevant legal concepts that may address these emerging issues. The research employs a normative juridical method, utilizing both statutory and conceptual approaches. The legal materials analyzed include legislation, scholarly publications, and prior studies related to AI and criminal law. The findings indicate that AI has not yet been recognized as a legal subject within the Indonesian legal framework, and therefore cannot be held criminally liable. As a result, liability is still attributed to human actors, including developers, users, and corporations that deploy AI technologies. Nevertheless, the increasing autonomy of AI systems calls for a re-evaluation and adaptation of existing criminal law doctrines to ensure legal certainty, fairness, and adequate protection for society in the digital era.
Co-Authors Gusmarani, Rica Halisma Amili Iwan Rasiwan Iwan Rasiwan Johannes Triestanto Makkah Sri Setiawati Zabidin