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All Journal Wacana, Jurnal Sosial dan Humaniora Brawijaya Law Journal : Journal of Legal Studies Jurnal IUS (Kajian Hukum dan Keadilan) Sriwijaya Law Review Unram Law Review Constitutional Review Jurnal Ius Constituendum Sociological Jurisprudence Journal Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences YURISDIKSI : Jurnal Wacana Hukum dan Sains International Journal of Educational Review, Law And Social Sciences (IJERLAS) International Journal of Humanities Education and Social Sciences
I NYOMAN NURJAYA
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Religion Arts Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences Other

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Journal : International Journal of Educational Review, Law And Social Sciences (IJERLAS)

 1 
RESTITUTION FOR CHILD VICTIMS OF CRIME IN ACCORDANCE WITH THE PRINCIPLES OF PROPORTIONALITY AND THE BEST INTERESTS OF THE CHILD Yona, Ashifa; Nurini Aprilianda; I Nyoman Nurjaya
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 3 (2025): May
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i3.2956

Abstract

Children, as a vulnerable group, are frequently victims of crimes that may result in serious physical, psychological, and social impacts. One recognized recovery mechanism in Indonesian law is restitution. However, its implementation has not met ideal expectations. Using a socio-legal approach, this study aims to analyze the effectiveness of restitution for child victims, emphasizing the importance of the principles of proportionality and restorative justice. Two case studies reveal inconsistencies for example, a child involved in petty theft was sentenced to prison without adequate rehabilitative measures, while a victim of sexual violence received no restitution despite the perpetrator receiving a severe sentence. These findings reflect the reality that restitution remains a marginalized component of victim recovery, both structurally and normatively. Therefore, reforms in the juvenile criminal justice system are urgently needed, including simplifying procedures, strengthening relevant institutions, and establishing a compensation fund for victims. All these efforts aim to ensure that restitution is proportional, just, and genuinely aligned with the best interests of the child.
BASIS FOR THE JUDGE'S CONSIDERATIONS REGARDING THE REPORT CORRECTION CENTER FOR CHILDREN OF DRUG ABUSE (CASE STUDY IN GRESIK DISTRICT COURT) Roytomi Isabilton; Milda Istiqomah; I Nyoman Nurjaya
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 4 (2025): July
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i4.3144

Abstract

Drug cases are currently difficult to stop, this is due to the illicit trafficking of narcotics which until now has not been resolved completely. This has an impact on children who abuse narcotics because currently drug abuse is not only targeting adults but also children. Based on this, appropriate efforts and steps are needed to handle children as drug abusers so that they get protection and the best interests of children can be realized. Therefore, the discussion of this study is how the influence of the correctional center report on the basis of judges' considerations for children who abuse narcotics and how the legal regulations will be in the future regarding the provision of correctional center recommendations for children who abuse narcotics for the best interests of children. This study is a normative study with a legislative, conceptual approach and emphasis on elements, norms, rules, principles, theories and legal rules in dealing with legal problems such as legal vacuum, norm conflict or norm ambiguity.
REFORMULATION OF GREEN VICTIMOLOGY ARRANGEMENTS IN THE LAW OF ENVIRONMENTAL PROTECTION AND MANAGEMENT THAT BETTER GUARANTEES LEGAL PROTECTION FOR THE ENVIRONMENT Ummu Salamah; Prija Djatmika; I Nyoman Nurjaya
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 4 (2025): July
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i4.3763

Abstract

This research is motivated by Law Number 32 of 2009 on Environmental Protection and Management, which, in fact, remains limited accommodating the concept of green victimology in the regulation and handling of environmental crimes. Given the prevalence of environmental crimes whose perpetrators are not punished proportionately to the human and non-human losses caused, it is important to question the legal implications of applying the concept of green victimology to the legal protection of environmental victims in the Environmental Protection and Management Law and the regulation of green victimology in the Environmental Protection and Management Law that Better Ensures Legal Protection for the Environment. The type of research used by the author is normative legal research with an explanatory nature. Legal materials for analysis were obtained from primary legal sources in the form of criminal and environmental laws, as well as secondary legal materials from literature on environmental crime and green victimology. The research was conducted through literature review, using a legal and comparative approach, and analyzed qualitatively. The legal implications of applying green victimology in the Environmental Protection and Management Law (UUPPLH) encourage reforms in the definition of victims, the right to sue, recovery mechanisms, as well as sanctions and law enforcement that are more comprehensive and ecological justice. the regulation of Green victimology in the UUPPLH to ensure legal protection for the environment can begin with the reconstruction/reformulation of the UUPPLH by expanding the definition of victims to include the environment as a victim with the right to protection and selected as a subject of environmental law enforcement, up to expanding the definition of victims by including the environment as a victim with the right to protection and selected as a subject of environmental law enforcement.
ENHANCEMENT OF GUIDELINES FOR ADJUDICATING CRIMINAL CASES THROUGH RESTORATIVE JUSTICE IN COURT INSTITUTION Dedi Putra; I Nyoman Nurjaya
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 3 (2025): May
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i3.2918

Abstract

This research aims to analyze guidelines for adjudicating criminal cases through restorative justice in offenses affecting victims, the categorization of drug offenses suitable for restorative justice adjudication, and verdict forms not yet covered in Supreme Court Regulation Number 1 of 2024 concerning Guidelines for Adjudicating Criminal Cases Based on Restorative Justice. This research employs normative legal analysis through conceptual, legislative, and case methodologies. The analysis concludes that the rule has not established criteria for adjudicating narcotics offenses. The principle of restorative justice pertains not just to crimes with discernible victims but also to victimless acts, such as drug-related crimes. Individuals impacted by substance abuse are entitled to medical and social rehabilitation, which may reinstate their autonomy from narcotics, in alignment with the ideals of restorative justice. The author also suggests including several types of verdicts, such as imposing penalties, mandating restitution to parents, granting exemptions from punishment, absolving individuals of all legal rights, and enforcing compliance with peace accords. The diversity of verdicts assists judges in selecting the appropriate form when administering a sentence to the defendant within the context of restorative justice.
THE VAGUENESS OF THE NORM OF ENTRAPMENT IN DRUG OFFENSES BY LAW ENFORCEMENT OFFICERS IN THE FUTURE Annisa Azzahra Burhan; I Nyoman Nurjaya; Fachrizal Afandi
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 3 (2025): May
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i3.2988

Abstract

Undercover buying and controlled delivery are investigative techniques regulated by Law Number 35 of 2009 concerning Narcotics. This provision does not regulate the limitations for investigators when carrying out this technique. In practice, this technique does not work effectively, resulting in the failure of the investigation. So this study discusses how the application of Undercover buying and controlled delivery current supervision and how the formulation of criminal law policies in dealing with cases of entrapment of narcotics crimes committed by law enforcement officers in the future. This study uses normative research. The research results show that First, there is a need for renewal of covert buying techniques and supervised delivery. This is because there are 3 (three) legal problems in its implementation, namely there are still informants who are involved in narcotics trafficking, closed access to public information regarding covert purchasing techniques and delivery under supervision by the National Narcotics Agency and the potential for fabrication of cases. Therefore, in the future it is necessary to have the right formulation to overcome this by implementing regulations and legal standards for investigating narcotics crimes.
PREVENTING MONEY LAUNDERING THROUGH ILLICIT ENRICHMENT POLICY REGULATORY: AN INDONESIA-MALAYSIA COMPARISON Arum Roselinda; Yuliati; I Nyoman Nurjaya
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 6 (2025): November
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i6.4274

Abstract

This research explores the urgency of regulating illicit enrichment within Indonesia’s Money Laundering Law and identifies the ideal evidentiary mechanism to support its enforcement through a comparative analysis with Malaysia. Despite Indonesia’s ratification of the United Nations Convention against Corruption (UNCAC), the absence of explicit provisions on illicit enrichment weakens the country’s capacity to address disproportionate wealth among public officials. Law enforcement remains dependent on proving predicate offenses, which limits asset recovery and the deterrent effect of anti-money laundering efforts. Conversely, Malaysia, through the Malaysian Anti-Corruption Commission Act (MACC Act) 2009, has adopted a more progressive framework that integrates asset declaration, verification of wealth sources, and investigative authority, even without directly criminalizing illicit enrichment. Using a normative juridical approach combined with comparative and case analysis, this research finds that Indonesia requires a hybrid evidentiary model integrating the principles of legal certainty and responsive law. Such a system would establish clear statutory standards, an asset forfeiture framework, and adaptive mechanisms that enhance transparency, public participation, and accountability. Strengthening Indonesia’s anti-money laundering regime through the integration of illicit enrichment provisions would not only ensure early detection of unexplained wealth but also advance asset recovery and institutional integrity.
IMPLICATIONS OF CONSTITUTIONAL COURT DECISION NUMBER 003/PUU-IV/2006 ON THE APPLICATION OF UNLAWFUL ELEMENTS IN ARTICLE 2 OF THE CORRUPTION ERADICATION LAW Fitra Kusuma, Febri; I Nyoman Nurjaya; Yuliati
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 4 No. 1 (2024): January
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v4i1.1388

Abstract

One of the elements found in Article 2 of the Corruption Law is the element of illegality. In the explanation of Article 2, it is stated that "illegality" refers to both material and formal illegality. However, in 2006, the Constitutional Court issued a decision regarding the Formal Review of the phrase "illegality" in Article 2 of the Corruption Law through Constitutional Court Decision Number 003/PUU-IV/2006. In this decision, the judges declared that the explanation in Article 2 of the Corruption Law no longer has legally binding force. This means that the element of illegality in Article 2 of the Corruption Law can only be interpreted as a formal illegality element. Nevertheless, in practice, there are still court decisions that interpret the element of illegality in Article 2 of the Corruption Law as a material illegality element. Using the normative juridical research method, this study aims to address the issues related to the implementation of the element of illegality in Article 2 of the Corruption Law after the issuance of Constitutional Court Decision Number 003/PUU-IV/2006. This study concludes that judges can still interpret the element of illegality in Article 2 of the Corruption Law as a material illegality element by considering Article 28 paragraph (1) of Law No. 4 of 2004 concerning the Judicial Authority, which states "Judges are obliged to explore, follow, and understand the legal values and sense of justice prevailing in society."
IMPLICATIONS OF CONSTITUTIONAL COURT DECISION NUMBER 003/PUU-IV/2006 ON THE APPLICATION OF UNLAWFUL ELEMENTS IN ARTICLE 2 OF THE CORRUPTION ERADICATION LAW Febri Fitra Kusuma; I Nyoman Nurjaya; Yuliati
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 4 No. 1 (2024): January
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v4i1.1437

Abstract

One of the elements found in Article 2 of the Corruption Law is the element of illegality. In the explanation of Article 2, it is stated that "illegality" refers to both material and formal illegality. However, in 2006, the Constitutional Court issued a decision regarding the Formal Review of the phrase "illegality" in Article 2 of the Corruption Law through Constitutional Court Decision Number 003/PUU-IV/2006. In this decision, the judges declared that the explanation in Article 2 of the Corruption Law no longer has legally binding force. This means that the element of illegality in Article 2 of the Corruption Law can only be interpreted as a formal illegality element. Nevertheless, in practice, there are still court decisions that interpret the element of illegality in Article 2 of the Corruption Law as a material illegality element. Using the normative juridical research method, this study aims to address the issues related to the implementation of the element of illegality in Article 2 of the Corruption Law after the issuance of Constitutional Court Decision Number 003/PUU-IV/2006. This study concludes that judges can still interpret the element of illegality in Article 2 of the Corruption Law as a material illegality element by considering Article 28 paragraph (1) of Law No. 4 of 2004 concerning the Judicial Authority, which states "Judges are obliged to explore, follow, and understand the legal values and sense of justice prevailing in society."
JUDICIAL DISCRETION IN THE CRIMINAL JUSTICE PROCESS IN INDONESIA (A Study at the Cianjur District Court) Anissa Larasati; Faizin Sulistio; I Nyoman Nurjaya
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 2 (2025): March
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i2.2676

Abstract

The influence of public attention on the criminal trial process is currently affecting the judiciary under the Supreme Court of the Republic of Indonesia, where all layers of society consistently follow the development of news related to ongoing trials in specific legal jurisdictions. This article focuses on discussing the nature of public attention, emphasizing that it should not affect the judges' rulings in criminal cases, as well as the discretion of judges in formulating legal considerations in cases that attract public attention during the decision-making process. Our findings indicate that in making legal considerations for criminal case rulings, the panel of judges must always adhere to the formal procedural law established in the criminal trial process, reinforced by the application of the Indonesian Criminal Procedure Code, relevant criminal laws in the trial, and the Supreme Court regulations. The primary guidance for judges in formulating legal considerations for legal decisions must be based on at least two pieces of evidence proven during the trial, coupled with the conviction of the presiding judge, and supplemented by the judge's authority to exercise discretion in order to ensure clear and just resolution of the criminal case. In conclusion, we recommend that judges must continue to uphold their independence in making legal considerations and delivering sound legal judgments.
Co-Authors Anissa Larasati Annisa Azzahra Burhan Arum Roselinda Dedi Putra Dody Heryanto Fachrizal Afandi Faizin Sulistio Febri Fitra Kusuma Fifik Wiryani Fitra Kusuma, Febri Fitria Dewi Navisa Hanif Nur Widhiyanti Henny Yuningsih Herman Suryokumoro Istislam Istislam La Ode Machdani Afala Mardian Wibowo Masruchin Ruba’I Milda Istiqomah Mohammad Hamidi Masykur Muchammad Ali Safaat Nova Winantika Rindang Kirana Nurini Aprilianda Prija Djatmika Priya Djatmika Qoirul Khitam Bastomi Rizky Alif Akbar Roytomi Isabilton Toni Kasmiri Ummu Salamah Warkum Soemitro Yona, Ashifa YULIATI