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All Journal Jurnal Ilmu Hukum KYADIREN
Hery Firmansyah
Universitas Tarumanagara Jakarta, Indonesia
Law, Crime, Criminology & Criminal Justice

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Cassation-Level Sentencing Disparities and the Future of Criminal Justice in Indonesia Lisa Rahmasari; Hery Firmansyah
Jurnal Ilmu Hukum Kyadiren Vol 8 No 1 (2026): Jurnal Ilmu Hukum Kyadiren
Publisher : PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46924/jihk.v8i1.465

Abstract

Sentencing disparities in serious criminal cases frequently generate debate concerning fairness, legal certainty, and the consistency of judicial decision-making, as reflected in the commutation of the death penalty to life imprisonment in Supreme Court Decision Number 813 K/Pid/2023 involving FS. This study aims to analyze sentencing disparities between appellate and cassation court decisions and to examine the implications of sentencing reforms under Law Number 1 of 2023 concerning the Criminal Code for judicial reasoning patterns and sentencing proportionality. The study employs a normative legal research method using statutory, case, conceptual, and comparative approaches, analyzed through a qualitative framework. The findings indicate that vertical sentencing disparities arise from differing penal philosophies adopted by the judex facti and judex juris. Furthermore, the 2023 Criminal Code has begun to shape judicial reasoning toward a more rehabilitative and humanistic approach to punishment. The study concludes that penal reform requires clearer sentencing guidelines to promote consistency in judicial decisions, strengthen legal certainty, and achieve substantive justice.
Digital Democracy and the Challenges of Freedom of Expression in Indonesia Jhames Jorgi; Hery Firmansyah
Jurnal Ilmu Hukum Kyadiren Vol 8 No 1 (2026): Jurnal Ilmu Hukum Kyadiren
Publisher : PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46924/jihk.v8i1.476

Abstract

The rapid development of social media has significantly expanded opportunities for public participation and freedom of expression. However, it has also generated various legal challenges, including defamation, hate speech, the dissemination of misinformation, and the potential criminalization of public criticism. This study aims to examine the legal framework governing freedom of expression on social media within the Indonesian legal system, identify the legal issues arising from the exercise of freedom of expression in digital spaces, and formulate the legal boundaries of such freedom based on the principles of the rule of law, democracy, and human rights. This research employs a normative juridical method using statutory, conceptual, and human rights approaches through the analysis of primary, secondary, and tertiary legal materials. The findings indicate that freedom of expression is constitutionally protected under the 1945 Constitution of the Republic of Indonesia, the Human Rights Law, and various international human rights instruments. Nevertheless, its exercise is subject to limitations intended to safeguard the rights, freedoms, and legitimate interests of others. The study concludes that proportional law enforcement, enhanced legal certainty, and improved digital literacy are essential to maintaining an appropriate balance between freedom of expression and the protection of public interests in the digital sphere.
Human Trafficking and the Crisis of Victim Protection in Indonesia Therecya Angella Sitio; Hery Firmansyah
Jurnal Ilmu Hukum Kyadiren Vol 8 No 1 (2026): Jurnal Ilmu Hukum Kyadiren
Publisher : PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46924/jihk.v8i1.478

Abstract

Human trafficking is a transnational crime that not only constitutes a serious violation of criminal law but also undermines the fundamental human rights and dignity of its victims. Although Indonesia has enacted Law No. 21 of 2007 on the Eradication of the Criminal Act of Trafficking in Persons, the implementation of victim protection remains constrained by various legal and institutional challenges. This study aims to examine the legal protection mechanisms available to victims of human trafficking and to identify the obstacles and strategies for optimizing such protection. Employing a normative legal research method, the study utilizes statutory, conceptual, and case-based approaches, with data analyzed qualitatively. The findings reveal that legal protection for victims encompasses restitution, rehabilitation, legal assistance, repatriation, and social reintegration. However, the implementation of these measures remains ineffective due to weak enforcement of restitution orders, limited rehabilitation facilities, and inadequate inter-agency coordination. Accordingly, strengthening preventive, repressive, and rehabilitative measures is essential through enhanced public awareness programs, improved cross-sectoral collaboration, expanded victim recovery services, and the utilization of technology-based support systems. These efforts are expected to promote a more effective, equitable, and victim-centered framework for legal protection and recovery.
Co-Authors Jhames Jorgi Lisa Rahmasari Therecya Angella Sitio