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All Journal Greenation International Journal of Law and Social Sciences
Abdullah Sulaiman
Universitas Islam Negeri Syarif Hidayatullah, Tangerang, Indonesia
Law, Crime, Criminology & Criminal Justice Social Sciences

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The Role of Legal Reform in Addressing Prison Overcrowding and Strengthening The Guarantee of Inmates’ Human Rights Dedy Cahyadi; Abdullah Sulaiman
Greenation International Journal of Law and Social Sciences Vol. 3 No. 2 (2025): (GIJLSS) Greenation International Journal of Law and Social Sciences (June - Au
Publisher : Greenation Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v3i2.414

Abstract

The issue of overcrowding in correctional institutions (prisons) has become a structural problem within Indonesia's criminal justice system. The high occupancy rate exceeding capacity leads to violations of inmates’ human rights, such as the right to health, proper housing, and rehabilitation services. Legal reform, particularly through the Correctional Law No. 22 of 2022 and the New Criminal Code (KUHP) No. 1 of 2023, introduces a new paradigm in sentencing management and the protection of prisoners’ rights. This study aims to analyze how these legal reforms contribute to addressing overcrowding and strengthening the guarantee of inmates’ human rights. The research method used is normative juridical with a conceptual and statutory approach. The study finds that the reinforcement of alternative sentencing (non-custodial punishments), such as community service and supervision penalties in the new Criminal Code, as well as the inmate integration system and rehabilitation-based approach in the Correctional Law, serve as relevant legal solutions. However, implementation challenges—such as lack of synergy among law enforcement agencies, human resource shortages, and resistance from legal culture—must be addressed through harmonization measures and continuous public dissemination. This journal recommends formulating more progressive criminal policies oriented toward restorative justice.
Protection of the Rights of Extramarital Children in Civil Relations between Children and Biological Fathers According to the Indonesian Legal System Firman Arif; Abdullah Sulaiman
Greenation International Journal of Law and Social Sciences Vol. 3 No. 2 (2025): (GIJLSS) Greenation International Journal of Law and Social Sciences (June - Au
Publisher : Greenation Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v3i2.415

Abstract

Children born out of wedlock often face legal obstacles in obtaining recognition and protection of their rights, especially in civil relations with their biological fathers. The Indonesian legal system, especially after the Constitutional Court decision Number 46/PUU-VIII/2010, has opened up space for children born out of wedlock to have their civil relations with their biological fathers recognized, as long as it can be proven scientifically and technologically, such as through DNA testing. However, the implementation of this recognition still faces challenges, both in terms of applicable legal norms and the practice of judicial institutions. This study aims to analyze the extent to which legal protection of the rights of children born out of wedlock can be enforced in their civil relations with their biological fathers, as well as to examine the effectiveness of applicable norms in realizing justice and legal certainty for children in this position.
The Urgency of Regulatory Reformulation and Strengthening the Capacity of Law Enforcers in Combating Cybercrime Through a Criminal Law Approach in Indonesia Muhammad Gustryan; Abdullah Sulaiman
Greenation International Journal of Law and Social Sciences Vol. 3 No. 2 (2025): (GIJLSS) Greenation International Journal of Law and Social Sciences (June - Au
Publisher : Greenation Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v3i2.416

Abstract

The rapid development of information technology has had a significant impact on various aspects of life, including the emergence of various forms of increasingly complex cybercrime. Cybercrime includes various illegal acts carried out through the internet network including personal data theft, dissemination of hoax information, hacking, and digital-based financial crimes. In Indonesia, the Electronic Information and Transactions Law (UU ITE) serves as the main instrument in regulating and prosecuting cybercrimes. Criminal law plays an important role in imposing sanctions on cybercrime perpetrators and providing legal protection for the community. However, in its implementation, law enforcement against cybercrime faces various challenges, such as the weak capacity of law enforcement officers, limited regulations that are adaptive to technological developments, and jurisdictional issues in handling cross-border cybercrime. This study aims to analyze the role of criminal law in dealing with cybercrime through the Electronic Information and Transactions Law (UU ITE) and identify the challenges faced in the enforcement process. This study uses a normative research method with a statute approach and a case approach. The legislative approach examines various regulations governing cybercrime in Indonesia, particularly the Electronic Information and Transactions Law (UU ITE) and other related provisions. Meanwhile, the case study approach analyzes several resolved cybercrime cases in Indonesia to evaluate the practical effectiveness of criminal law enforcement. The findings of this research are expected to provide a more comprehensive understanding of criminal law effectiveness in addressing cybercrime, as well as offer recommendations for enhancing regulatory efficacy and law enforcement practices in Indonesia.
The Dualism of Judicial Authority in Handling Abuse of Power by Government Officials Between the Administrative Court and the Corruption Criminal Court Mardiyanti Mardiyanti; Abdullah Sulaiman
Greenation International Journal of Law and Social Sciences Vol. 3 No. 2 (2025): (GIJLSS) Greenation International Journal of Law and Social Sciences (June - Au
Publisher : Greenation Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v3i2.422

Abstract

The dualism of judicial authority in addressing abuse of power by government officials represents a critical issue within Indonesia's legal system. Abuse of power may be prosecuted in two distinct legal domains: administrative law, under the jurisdiction of the State Administrative Court (Pengadilan Tata Usaha Negara/PTUN), and criminal law, handled by the Corruption Court (Pengadilan Tindak Pidana Korupsi/Tipikor). The authority of the Administrative Court is grounded in the Administrative Governance Law, which allows government officials a degree of discretion in decision-making. Conversely, the Corruption Court prosecutes abuse of power as a form of corruption based on the Anti-Corruption Law. The overlapping jurisdictions of these two judicial bodies raise several legal challenges, including uncertainty in law enforcement mechanisms, the potential for conflicting rulings, and the risk of criminalizing officials who act within the bounds of administrative discretion. This study aims to analyze the concept of abuse of power from both administrative and criminal law perspectives, examine the respective jurisdictions of the Administrative Court and the Corruption Court in such cases, and identify the legal issues that arise from this dualism. A normative juridical method is employed, incorporating statutory (statute approach), conceptual, and comparative approaches. The statute approach examines the legal norms governing the jurisdictions of PTUN and Tipikor, while the conceptual approach explores legal theories related to abuse of power. The comparative approach analyzes how similar cases are handled in other jurisdictions. This research seeks to contribute to academic discourse by providing a deeper understanding of the legal dilemmas caused by dual judicial authority and proposing normative solutions to ensure legal certainty within Indonesia’s judicial system.
Co-Authors Dedy Cahyadi Firman Arif Mardiyanti Mardiyanti Muhammad Gustryan