Article Per Year (5 Year)
p-Index From 2021 - 2026
0.444
P-Index
This Author published in this journals
All Journal Journal of Judicial Review AKADEMIK: Jurnal Mahasiswa Humanis
Arifin, Muhamad Zainal
Unknown Affiliation
Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

 1 
From Prison to Community: Reconstructing Community Service Sentencing as Ius Constituendum in the Reform of Indonesia’s Criminal Procedure Code Asis, Asis; Yakin, Bisma Ainul; Arhabi, Muhammad Farhan; Arifin, Muhamad Zainal
Journal of Judicial Review Vol. 27 No. 2 (2025): December 2025
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v27i2.10333

Abstract

Community service sentence is a form of non-custodial punishment aimed at shifting the orientation of penal policy from a retributive approach towards a more corrective and restorative one. This type of punishment provides an opportunity for perpetrators of minor offenses to amend their wrongdoing through tangible contributions to society without having to serve imprisonment. However, to date, the regulation of community service sentencing remains legally unregulated within the Indonesian criminal procedural system, particularly in the Criminal Procedure Code (KUHAP). This legal vacuum has resulted in the absence of an adequate legal basis for judges and law enforcement officials to impose and implement such a sentence. This article aims to examine community service punishment as a form of ius constituendum, namely, law that ought to be enacted in the future, within the framework of KUHAP reform. By employing normative and conceptual approaches, this article explores the urgency, rationality, and regulatory direction of community service sentencing within the national penal system. The findings indicate that the inclusion of community service punishment in the forthcoming KUHAP is crucial to realizing a more proportional, humane penal system that aligns with the principles of corrective justice and the demands of a modern criminal justice system. This article further argues that the current legal vacuum reflects the unresponsiveness of Indonesia’s criminal justice system, and calls for a responsive legal framework in line with the theory of responsive law, ensuring that legal reforms are attuned to evolving societal needs and values of justice.
Analisis Kausalitas dalam Pertanggungjawaban Pidana Korupsi Pasca Mutasi Jabatan: Studi Putusan Mahkamah Agung Nomor 8681 K/Pid.Sus/2025 Arifin, Muhamad Zainal; Wiyono, Bambang; Sa’dullah, Muhammad
AKADEMIK: Jurnal Mahasiswa Humanis Vol. 6 No. 1 (2026): AKADEMIK: Jurnal Mahasiswa Humanis
Publisher : Perhimpunan Sarjana Ekonomi dan Bisnis

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37481/jmh.v6i1.1904

Abstract

This study examines criminal liability for corruption committed by public officials after job mutation, with particular attention to the application of causality theory in Supreme Court Decision Number 8681 K/Pid.Sus/2025. The legal issue arises from the temporal gap between administrative actions taken during the defendant’s tenure and the emergence of state losses after the official no longer held the relevant position. This situation raises questions regarding the limits of criminal responsibility and the existence of a legally relevant causal link. The research aims to analyze how the Supreme Court constructed criminal liability and applied causality theory in determining responsibility under such circumstances. Using a normative juridical method with statutory, case, and conceptual approaches, this study analyzes legislation, judicial decisions, and doctrinal theories on criminal liability and causation. The findings show that the defendant’s administrative recommendation, issued lawfully during his tenure, did not have a direct and adequate causal relationship with the unlawful land sale conducted by third parties several years later. The emergence of an intervening cause and the loss of control after job mutation indicate a break in the chain of causation. This study concludes that the application of causality theory in corruption cases must be proportional and consistent with the principles of tempus delicti, individual criminal responsibility, and legal certainty.
Co-Authors Arhabi, Muhammad Farhan Asis, Asis Bambang Wiyono, Bambang Sa’dullah, Muhammad Yakin, Bisma Ainul