Article Per Year (5 Year)
p-Index From 2021 - 2026
0.562
P-Index
This Author published in this journals
All Journal Jurnal Ilmiah Hukum dan Hak Asasi Manusia
Noenik Soekorini
Universitas Dr.Soetomo, Surabaya, Indonesia
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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

Found 3 Documents
Search

 1 
Criminal Liability of Police Officers for Assault Resulting in Death: The Bripda Mesias Case in Tual City Abdul Munim; Noenik Soekorini; Renda Aranggraeni
Jurnal Ilmiah Hukum dan Hak Asasi Manusia Vol 6 No 1 (2026): July
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/jihham.v6i1.6809

Abstract

Purpose: This study analyzes the criminal liability of police officers for assault resulting in death through the 2026 case of Police Brigadier Mesias in Tual City. It examines applicable criminal law provisions, law enforcement mechanisms, and judicial processes, while proposing reforms to strengthen police accountability in Indonesia.Research Methodology: The study employed a normative-empirical legal approach using statutory, case, conceptual, and comparative analyses. Data were collected through interviews, observations, document reviews, and literature studies, then analyzed using juridical, content, and thematic techniques with triangulation to ensure validity.Results: The findings show that all elements of Article 351(3) of the Indonesian Criminal Code were fulfilled. Police officers do not enjoy criminal immunity, and the defense of acting in an official capacity was rejected because the use of force violated the principles of necessity and proportionality. The court imposed a five-year prison sentence, considering both aggravating and mitigating factors.Conclusions: Accountability is hindered by limited independence in internal investigations, corps solidarity, sentencing disparities, and weak witness protection. Public and civil society pressure played a significant role in ensuring accountability. Institutional reforms are needed to strengthen transparency and independent oversight.Limitations: The study focuses on a single case, limiting broader generalization. Access to internal police documents was restricted.Contributions: The study advances scholarship on police accountability, provides a framework for dual accountability, and offers practical insights for legal reform and policymaking.
The Role of Legal Counsel in Customs and Excise Disputes before the Tax Court Rudi Kurniawan; Syahrul Borman; Fathul Hamdani; Noenik Soekorini
Jurnal Ilmiah Hukum dan Hak Asasi Manusia Vol 5 No 2 (2026): January
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/jihham.v5i2.6870

Abstract

Purpose: This study aims to analyze the role of legal counsel in resolving customs and excise disputes before the Tax Court, with particular reference to Decision Number 1430/B/PK/Pjk/2026. The research focuses on how legal counsel contributes to legal argumentation, evidentiary effectiveness, and the realization of legal certainty and legal protection in customs dispute resolution. Research Methodology: This study employs a qualitative approach with a normative juridical method. The research applies statutory, conceptual, and case approaches by analyzing primary legal materials, including customs law, excise law, Tax Court law, and Constitutional Court decisions, supported by secondary legal materials from national and international scholarly journals (2019–2026). Data analysis is conducted through descriptivequalitative interpretation. Conclusions: The study concludes that the effectiveness of customs and excise dispute resolution before the Tax Court is highly dependent on the competence of legal counsel in constructing legal arguments and managing evidence. Legal counsel is essential in ensuring justice, legal certainty, and protection of parties' rights within the tax litigation system. Limitations: This study is limited to normative juridical analysis based on document review and does not include empirical data such as interviews with judges, customs officials, or legal practitioners. The scope of literature also relies primarily on national sources, with limited comparative international analysis. Contributions: This research contributes to customs and tax litigation studies by highlighting legal counsel as a strategic actor in dispute resolution, offering theoretical and practical insights to strengthen judicial quality and legal certainty in customs and excise cases.
Sentencing Disparities for Small-Quantity Drug Users and Their Impact on Prison Overcrowding in Indonesia Shania Vira Aisyah; Noenik Soekorini; Renda Aranggraeni; Dudik Djaja Sidharta
Jurnal Ilmiah Hukum dan Hak Asasi Manusia Vol 5 No 2 (2026): January
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/jihham.v5i2.6879

Abstract

Purpose: This study analyzes sentencing disparities in narcotics cases involving drug users possessing small quantities of narcotics in Indonesian courts and examines their contribution to prison overcrowding.Research Methodology: This research employs a normative legal research design applying statutory, conceptual, case, and comparative approaches. Data were collected through systematic analysis of statutory regulations, published court decisions, Supreme Court Circular Letters, and peer-reviewed legal literature.Results: The analysis reveals significant sentencing disparities in comparable narcotics user cases, with courts inconsistently imposing imprisonment, suspended sentences, or rehabilitation orders despite substantially similar factual circumstances. The dominance of custodial sentences directly contributes to prison overcrowding.Conclusions: Sentencing inconsistency reflects weak standardization in narcotics law enforcement and inadequate implementation of rehabilitation policies, producing systemic overcrowding in correctional institutions. Reformulating sentencing guidelines and strengthening rehabilitation mechanisms are essential steps toward a more proportionate and consistent criminal justice system.Limitations: The study is limited by restricted access to comprehensive published court decisions and the absence of nationwide empirical correctional data.Contributions: This research contributes to criminal law policy reform by proposing a normative framework for rehabilitation-oriented sentencing and reducing disparities in narcotics cases.
Co-Authors Abdul Munim Dudik Djaja Sidharta Fathul Hamdani Renda Aranggraeni Rudi Kurniawan Shania Vira Aisyah Syahrul Borman