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All Journal Jurnal Cita Hukum Nurani: Jurnal Kajian Syariah dan Masyarakat Lex Librum: Jurnal Ilmu Hukum Pena Justisia: Media Komunikasi dan Kajian Hukum JURNAL PEMBANGUNAN HUKUM INDONESIA Corruptio Indonesia Law Review (ILREV) Ta'zir: Jurnal Hukum Pidana Jurnal As-Syar’i: Jurnal Bimbingan & Konseling Keluarga Journal of Law and Legal Reform Jurnal Legislasi Indonesia Lex Librum : Jurnal Ilmu Hukum Consensus : Jurnal Ilmu Hukum
Nashriana, Nashriana
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Religion Arts Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Ratio Decidendi Hakim dalam Menjatuhkan Pidana terhadap Tindak Pidana Merintangi Kegiatan Pertambangan: Studi Putusan Kasasi Nomor 5690 K/PID.SUS/2025 Solihin, Solihin; Nashriana, Nashriana; Irsan, Irsan
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 8 No. 2 (2026): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Institut Agama Islam Nasional Laa Roiba Bogor

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This research analyzes the application of criminal sanctions for the offense of obstructing lawful mining activities in Indonesia through a study of Supreme Court Decision Number 5690 K/Pid.Sus/2025. Mining activities are a strategic sector that significantly contribute to national economic development and regional growth, yet they are often accompanied by social conflicts that lead to criminal charges against individuals or communities under Article 162 of Law Number 3 of 2020 on Mineral and Coal Mining. In practice, the proportionality and effectiveness of criminal sanctions imposed by the courts remain debatable, particularly when compared to the substantial economic losses suffered by mining companies and the broader objectives of criminal law enforcement. This study aims to examine the judges’ ratio decidendi in imposing criminal sanctions and to formulate a more appropriate and future-oriented sanction model that ensures legal certainty, justice, and legal utility. The research employs a normative juridical method using a statutory approach, a case approach, and a futuristic approach. Primary legal materials consist of legislation and court decisions, while secondary legal materials include legal doctrines, academic journals, and relevant scholarly literature. The results indicate that although the Supreme Court consistently applies Article 162 as the legal basis for criminal liability, the sanctions imposed tend to be relatively lenient and insufficiently proportional to the magnitude of the losses incurred by mining companies. Such leniency weakens the deterrent effect of criminal law and may undermine the credibility of law enforcement. Therefore, this study proposes that future criminal sanctions should adopt a more proportional, multidimensional, and restorative approach, balancing the protection of lawful mining investments with the protection of community rights and environmental sustainability to achieve substantive justice in mining criminal law enforcement.
Kedudukan Dan Sanksi Saksi Yang Memberikan Keterangan Palsu Dalam Perspektif Hukum Pidana Islam Dan Hukum Positif Indonesia Ramdani, Rahmat Memo; Nashriana, Nashriana; Febriansyah, Artha
Consensus : Jurnal Ilmu Hukum Vol. 4 No. 4 (2026)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

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Witness testimony is a crucial element in uncovering material truth in criminal proceedings. However, the practice of providing false testimony under oath remains a serious challenge that undermines the integrity of the justice system and obstructs the achievement of justice. This study analyzes the legal position of witnesses and compares sanctions for false testimony from the perspectives of Indonesian Positive Law and Islamic Criminal Law. The research employs a qualitative method with normative-juridical and comparative approaches through literature review. The findings indicate that under Indonesian Positive Law, witnesses are recognized as primary procedural evidence regulated by the Criminal Procedure Code (KUHAP), and providing false testimony is punishable by seven to nine years of imprisonment (Article 242 of the Criminal Code) as a form of obstruction of justice. In Islamic Criminal Law, testimony emphasizes the moral integrity (‘adalah) and piety of the witness; false testimony is classified as a major sin (kabirah) and jarimah ta’zir, with sanctions applied flexibly at the discretion of the judge or ruler to restore victims’ rights and social order. Both systems agree that false testimony harms public justice, yet Positive Law emphasizes formal-repressive aspects and secular legal certainty, whereas Islamic law integrates moral, religious-ethical dimensions and spiritual accountability before God. In conclusion, strengthening law enforcement mechanisms and raising witnesses’ legal awareness are essential to ensure a dignified and transparent justice system.
Kedudukan Dan Mekanisme Verzet Terhadap Penetapan Diversi Dalam Perspektif Hukum Pidana Anak Di Indonesia Aditya, M. Fachri; Nashriana, Nashriana; Febriansyah, Artha
Consensus : Jurnal Ilmu Hukum Vol. 4 No. 4 (2026)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

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The development of the juvenile criminal justice system in Indonesia has shifted from a retributive to a restorative approach through the implementation of diversion as regulated under Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. In practice, however, diversion decisions are not always accepted by the parties involved, giving rise to the need for a legal mechanism known as verzet, which remains unclear in positive law. This study aims to analyze the legal status of verzet against diversion decisions, its procedural mechanism, and the juridical and practical obstacles encountered in its application. The research employs a normative legal method with statutory and conceptual approaches, using qualitative analysis of primary, secondary, and tertiary legal materials. The findings indicate that the legal status of verzet is still ambiguous due to the absence of explicit legal basis, while its procedural mechanism lacks standardized guidelines and is applied interpretatively in practice. Additionally, obstacles include normative gaps and conceptual conflicts juridically, as well as limited understanding among law enforcement officers and societal legal culture practically. Therefore, comprehensive regulation on verzet is necessary to ensure legal certainty while upholding the principles of child protection within the juvenile criminal justice system in Indonesia.
Children Facing the Law: Addressing Narcotics Offenses Through Restorative Justice Nashriana, Nashriana; Banjarani, Desia R
Indonesia Law Review Vol. 16, No. 1
Publisher : UI Scholars Hub

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In recent years, the increasing number of children involved in narcotics-related crimes in Indonesia has raised concerns about the effectiveness of the current juvenile justice system. While the Juvenile Criminal Justice System Law promotes the use of diversion and restorative justice, in practice, punitive measures such as imprisonment remain the dominant approach. This gap between normative ideals and legal reality highlights the need for reform. Drawing from comparative legal frameworks in countries such as the United States, Germany, and Spain, this study explores the potential of therapeutic treatment as a more humane and effective response to juvenile narcotics offenses. Therapeutic interventions—including skill development, psychosocial rehabilitation, and cognitive behavioural therapy—are presented as viable alternatives to incarceration, aiming to support the child's rehabilitation and reintegration. This research, which adopts a normative legal method supported by empirical data, applies statutory, comparative, and case approaches, with data analysed through a descriptive qualitative method. The findings emphasize that Indonesia’s enforcement practices require restructuring to align with the best interests of the child. Accordingly, a new therapeutic treatment model is proposed as a first-line response, positioning children not merely as offenders but as individuals in need of guidance and care.
Co-Authors Aditya, M. Fachri Alfiyan Mardiansyah, Alfiyan Artha Febriansyah Banjarani, Desia R Fachry Abda El Rahman Febrian, Febrian Firmansyah Firmansyah Flambonita, Suci Handayani, Lefi Evti Hassan, Muhamad Sayuti Ikhsan, Rd. Muhammad Indah Febriani, Indah Irsan Irsan Isma Nurillah Iza Rumesten M Yusuf Neisa Angrum Adisti Putu Samawati, Putu Ramdani, Rahmat Memo Riady, Roy Rosada, Bella Ruben Achmad Sidabutar, Victor Antonius Saragih Solihin Solihin Taroman Pasyah Taslim Taslim Topo Santoso Umi Rozah Vera Novianti Yuningsih, Henny