Article Per Year (5 Year)
p-Index From 2021 - 2026
0.562
P-Index
This Author published in this journals
All Journal YURISDIKSI : Jurnal Wacana Hukum dan Sains
Setiawan Noerdajasakti
Faculty of Law, Brawijaya University Malang, Indonesia
Health Professions Law, Crime, Criminology & Criminal Justice

Published : 3 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 3 Documents
Search

 1 
Legal and Criminological Analysis of Cryptocurrency Money Laundering in Supreme Court Cassation Decision Aria Perkasa Utama; Setiawan Noerdajasakti; Fachrizal Afandi
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 21 No. 4 (2026): March
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v21i4.345

Abstract

The development of financial technology through blockchain-based crypto assets has given rise to new patterns of economic crime, particularly money laundering offenses. The decentralized, anonymous, and cross-jurisdictional characteristics of crypto assets make them an effective means of concealing the illicit origin of criminal proceeds. Within the national legal framework, the regulation of money laundering under Law Number 8 of 2010 has not explicitly accommodated crypto asset transactions, resulting in normative gaps and legal uncertainty. These issues are reflected in the Supreme Court of the Republic of Indonesia Cassation Decision Number 2029 K/Pid.Sus/2023 concerning Indra Kesuma, also known as Indra Kenz. This study aims to analyze the legal reasoning underlying judicial decisions in money laundering cases involving crypto asset-based schemes and to formulate regulatory reform of money laundering laws based on a cyber criminology approach. This research employs a normative legal method using statutory, conceptual, and case approaches. The findings indicate that judges adopted a progressive interpretation of Article 1 paragraph (1), Article 3, and Article 4 of the Anti-Money Laundering Law by qualifying crypto assets as proceeds of crime. The cyber criminology approach underscores the necessity of digital evidentiary systems and a comprehensive understanding of blockchain technology. Furthermore, existing regulations remain inadequate, necessitating normative reform that includes the definition of crypto assets, obligations for reporting suspicious transactions, and the integration of on-chain Know Your Customer (KYC) mechanisms to ensure legal certainty and effective law enforcement.
The Regulatory Design of Prosecutors’ Authority in Terminating Narcotics Cases under Restorative Justice Arrum Maryana; Setiawan Noerdajasakti; Milda Istiqomah
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 22 No. 1 (2026): June
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v22i1.357

Abstract

Narcotics abuse in Indonesia not only generates social and criminological problems but also raises normative challenges within the criminal justice system, particularly concerning the orientation of punishment and the prosecutorial authority of the public prosecutor. Although Law Number 35 of 2009 on Narcotics accommodates a rehabilitative approach for abusers and addicts, law enforcement practices remain dominated by a repressive paradigm that prioritizes imprisonment, thereby creating legal uncertainty. This study aims to analyze the weaknesses in the regulation of prosecutorial authority in the termination of narcotics cases and to formulate a future regulatory design based on restorative justice. The research employs a normative legal method using statutory and conceptual approaches through the examination of primary and secondary legal materials. The findings indicate that Article 65 letter (f) of the Indonesian Criminal Procedure Code remains general in nature, lacks specific juridical parameters for narcotics cases, and has not been harmonized with the Narcotics Law. In addition, the inconsistency of terminology and the elasticity of the provisions in Articles 111 and 112 create room for multiple interpretations. Therefore, a more specific, integrated, and rehabilitation-oriented normative reconstruction is required to ensure legal certainty and enhance the effectiveness of the criminal justice system. Such reformulation is expected to strengthen the legitimacy of prosecutorial authority as dominus litis and encourage a shift in narcotics law enforcement from a purely repressive approach toward a more humane, proportional, and sustainable paradigm in line with responsive and inclusive national criminal law reform.
Implementation of Legal Aid Rights for Suspects Based on Justice Principles at Malang Police Fatwa Azis Wicaksono; Setiawan Noerdajasakti; Bambang Sugiri
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 22 No. 3 (2026): December in progress
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v22i3.392

Abstract

The right to legal aid is a constitutional right that must be granted to every suspect in the criminal justice process as a form of human rights protection and the realization of the principle of justice. The reform of criminal procedural law through Law Number 20 of 2025 concerning the Criminal Procedure Code strengthens the guarantee of legal assistance for suspects from the investigation stage. However, in practice, there are still various problems that affect the effectiveness of the implementation of these provisions. This study aims to analyze the effectiveness of the implementation of Article 155 paragraph (2) of Law Number 20 of 2025 in fulfilling the right to legal aid for suspects during the just investigation stage and to identify obstacles that affect its implementation. This study uses an empirical legal research method with a sociological juridical approach. The approaches used include a statute approach and a conceptual approach. Research data were obtained through interviews with law enforcement officers and related parties and supported by a literature study of relevant laws and regulations, books, journals, and literature. The research results show that the implementation of Article 155 paragraph (2) has provided a stronger legal basis in guaranteeing the right of suspects to obtain legal assistance during the investigation stage. This provision contributes to realizing the principles of fair trials, equality before the law, and protection of human rights. However, the effectiveness of its implementation still faces legal, structural, and legal culture obstacles that affect suspects' access to legal assistance. Therefore, it is necessary to strengthen implementing regulations, increase the capacity of law enforcement officers, optimize legal aid services, and increase public legal awareness in order to realize a criminal justice system that is fair, humanistic, and oriented towards the protection of human rights.
Co-Authors Aria Perkasa Utama Arrum Maryana Bambang Sugiri Fachrizal Afandi Fatwa Azis Wicaksono Milda Istiqomah