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Fajar Seto Nugroho
Faculty of Law, University of Islam Lamongan
Humanities Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Diversion Provisions in Criminal Law: A Normative Review of Diversion in Cases of Children in Conflict with the Law Acmad Royani; Syamsul Arifin; Fajar Seto Nugroho; Dewi Indah Suryani
Jurnal Independent Vol. 13 No. 2 (2025): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v13i2.386

Abstract

Children are individuals who are in the development stage and have special vulnerabilities, especially when dealing with the law. The state has a constitutional obligation to provide legal protection for children in conflict with the law, as regulated in the 1945 Constitution and a number of national laws and regulations, and reinforced by international conventions such as the CRC. This study aims to examine the regulation of the human rights of children involved in the criminal law process and to examine the implementation of the diversion mechanism at the investigation stage as a form of restorative justice in the juvenile criminal justice system. The method used is normative juridical with a statute approach to primary legal materials such as the 1945 Constitution, the SPPA Law, and its implementing regulations. The results of the study show that although the regulations have provided a strong legal basis to guarantee the protection and recovery of children, the implementation of diversion still faces structural and cultural obstacles, such as limited understanding of the apparatus and minimal support for facilities. Therefore, it is necessary to strengthen institutional capacity, increase cooperation between institutions, and update the legal approach that is oriented towards the best interests of children.
Trafficking in Persons for Organ Transplantation: A Legal Analysis of Criminal Liability and Enforcement Challenges Enik Isnaini; Muhammad Syakir al-kautsar; Fajar Seto Nugroho; Adelia Bilqis Muhklisati Suaidah
Jurnal Independent Vol. 14 No. 1 (2026): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v14i1.400

Abstract

This study discusses the crime of human trafficking committed with the purpose of taking and transplanting victims' organs. This criminal act is a modern form of human exploitation that involves illegal networks between countries, taking advantage of economic inequality and the scarcity of legal organs. The research method used is normative (literature), with a statutory approach and a conceptual approach. Legal sources include international legal instruments such as the Palermo Protocol, the United Nations Convention against Transnational Organized Crime, as well as national regulations such as Law No. 21 of 2007 concerning the Eradication of the Crime of Trafficking in Persons and Law No. 36 of 2009 concerning Health (especially related to organ transplantation). The results of the study show that although normative laws and regulations have prohibited the practice of trafficking in persons for organ transplantation, there are still weaknesses in the coordination of law enforcement between agencies, difficulties in proving elements of exploitation, and regulatory gaps related to organ transplantation between countries that are not strictly supervised. The conclusion of this study emphasizes the need for harmonization between criminal law and health law, increasing international cooperation, and strengthening the organ transplant supervision system to effectively prevent and crack down on human trafficking for organ transplantation
Criminal Law Accountability of Sexual Stalking Perpetrators Through Social Media Ayu Dian Ningtias; Kristiya Lutfiasandhi; Fajar Seto Nugroho; Khofifah Nur Ayni
Jurnal Independent Vol. 14 No. 1 (2026): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v14i1.404

Abstract

Sexual stalking is a new form of crime that has emerged along with the development of technology. In the past, stalking was done directly, such as following the victim. However, now, stalking can occur in the digital world, especially through social media. Perpetrators can easily access the victim's personal information, send sexually suggestive messages, or carry out other disturbances without meeting in person. This study aims to understand in depth the legal protection mechanism for victims and the form of criminal liability for perpetrators of sexual stalking through social media. This research method uses a normative juridical research type, with a legislative approach and a conceptual approach. The results of this study conclude: that legal protection for victims of sexual stalking through social media can be in the form of preventive legal protection and repressive legal protection. Meanwhile, the criminal legal liability, perpetrators of sexual stalking through social media can be subject to criminal sanctions in the form of imprisonment, fines, and/or other actions as stipulated in applicable laws and regulations. However, there are exceptions in certain conditions that cause a person not to be held accountable for their actions.
Responsibility For Error in Persona in Case of Wrong Shooting By Police Officers Acmad Royani; Syamsul Arifin; Fajar Seto Nugroho; Dewi Indah Suryani
Jurnal Independent Vol. 14 No. 1 (2026): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v14i1.405

Abstract

This study discusses Error in Persona , which is an error in determining legal subjects in criminal cases. This mistake has serious implications for the validity of the court decision and the protection of the rights of the accused. In the context of Indonesian criminal law, errors in identifying the perpetrators of criminal acts can lead to an unfair judicial process and even lead to the criminalization of innocent individuals. This study uses normative juridical methods with a legislative approach and case studies, to comprehensively understand the application of legal norms. The results of the study show that mistaken identity in criminal cases violates fundamental principles in the law, such as the principles of legal certainty, justice, and non-discrimination. In addition, such errors can have far-reaching legal consequences both for the integrity of the justice system and for the protection of human rights. To overcome this problem, it is necessary to strengthen the identification and verification mechanism from the investigation stage to the trial. This effort can be carried out through increasing the accuracy of population data, utilization in the process of identifying perpetrators of criminal acts. With these steps, it is hoped that errors in the determination of legal subjects can be minimized so that a more fair, accountable, and upholding the human rights of every citizen can be created.
Co-Authors Acmad Royani Adelia Bilqis Muhklisati Suaidah Dewi Indah Suryani Enik Isnaini Khofifah Nur Ayni Kristiya Lutfiasandhi Muhammad Syakir al-kautsar Suisno, Ayu Dian Ningtias Syamsul Arifin