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All Journal Jurnal IUS (Kajian Hukum dan Keadilan) Pena Justisia: Media Komunikasi dan Kajian Hukum PAMPAS: Journal of Criminal Law Bengkoelen Justice : Jurnal Ilmu Hukum Formosa Journal of Multidisciplinary Research (FJMR) International Journal of Integrative Sciences International Journal of Scientific Multidisciplinary Research (IJSMR) INTERNATIONAL JOURNAL OF SOCIETY REVIEWS (INJOSER) Melayunesia Law
Hafrida
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Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Education Industrial & Manufacturing Engineering Law, Crime, Criminology & Criminal Justice Mechanical Engineering Social Sciences

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LEGAL PROTECTION FOR VICTIMS OF DOMESTIC VIOLENCE THROUGH COMPENSATION AND RESTITUTION Rahmah, Siti; Hafrida; Usman
INTERNATIONAL JOURNAL OF SOCIETY REVIEWS Vol. 2 No. 9 (2024): SEPTEMBER
Publisher : Adisam Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Cases of domestic violence can attract the attention of the wider community and cause reactions from various parties, this is because domestic violence is indeed a case that requires special handling from the authorities. Because domestic violence is a type of violence that has unique characteristics, namely that it is carried out in the home, the perpetrators and victims are family members and is often considered not a form of violence. Law No. 23/2004 on the Elimination of Domestic Violence provides a strong legal basis that makes domestic violence, which was originally a household affair, a State affair. Legal protection to victims of crime as part of protection to the community can be realized in various forms such as through the provision of restitution and compensation such as medical services and legal assistance from the state so as not to cause prolonged traumatic effects, that victims of domestic violence, most of whom are women, must receive protection from threats of violence, torture, treatment that is degrading to human dignity. With the existence of Law Number 23/2004 on the Elimination of Domestic Violence, it is hoped that it can be a solution to prevent and overcome domestic violence in law enforcement efforts, in accordance with the principles as intended in Article 3 of Law Number 23/2004 on the Elimination of Domestic Violence, namely: "Respect for human rights, gender justice and equality, non-discrimination, and victim protection". Everyone has the right to a sense of security, the right to fair legal treatment without discrimination. Domestic violence is a violation of human rights and a crime against human dignity and forms of discrimination.
Authority for Calculating State Economic Losses in Criminal Acts of Corruption in Indonesia Hartati; Hafrida; Erwin; Arizyanto, Romi; Beny Saputra
Jurnal IUS Kajian Hukum dan Keadilan Vol. 12 No. 3 (2024): Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v12i3.1480

Abstract

This article will analyze the elements and authority to calculate state economic losses to achieve justice for criminal acts of corruption in Indonesia. The research methodology employed is normative juridical, with a focus on literature reviews and relevant legislation. The research findings indicate that corruption is not only related to state financial losses but also to state economic losses. The regulation of elements of state economic losses and the authority to calculate state economic losses in Indonesia have not been regulated firmly and completely in laws and regulations so it will give rise to different interpretations from law enforcement officers. The unclear regulation of elements and authority in calculating state economic losses will result in different indicators for determining the value of calculating state economic losses which will result in different results of calculating state economic losses which can be detrimental the defendant because the calculation results exceed the unlawful acts he committed and can also detrimental the state if the calculation results are much lower than the state economic losses incurred.
LEGAL PROTECTION OF VICTIMS OF COMMERCIAL SEXUAL EXPLOITATION OF CHILDREN THROUGH SOCIAL MEDIA Tamba, Samuel; Hafrida; Herry Liyus
Bengkoelen Justice : Jurnal Ilmu Hukum Vol. 14 No. 2 (2024): November 2024
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jbengkoelenjust.v14i2.33829

Abstract

The crime of Commercial Sexual Exploitation of Children (ESKA) is increasingly rife with the existence of social media as a means of transaction and promotion of children who are victims. However, there is currently a vacuum in regulations that specifically regulate legal protection of the rights of children victims of these crimes. This study aims to describe the applicable rules in protecting children victims of CSEC through social media and how legal policies will be in the future in handling these crimes. The research method used is normative juridical research. From the results of the study, it was found that there is more than one legal regulation that is currently used to protect child victims of commercial sexual exploitation crimes through social media, namely the Child Protection Law, the Pornography Law, the Electronic Information and Transactions Law and the Sexual Violence Criminal Law. Some of the obstacles in protecting CSEC victims include: 1) legal substance factors (overlapping laws and regulations that specifically regulate CSEC crimes through social media), 2) legal structure factors (there is no legal umbrella for investigators and public prosecutors to be able to quickly break the chain of dissemination of cases of commercial sexual exploitation of children on social media; 3) legal cultural factors (public awareness, lack of parental monitoring, and lack of sexual education in children). The suggestions for future legal policies include: 1) Revising the Child Protection Law and the ITE Law; 2) strengthen the authority of the Prosecutor's Office and the Police as investigators and public prosecutors to remove social media content containing commercial sexual exploitation of children from the investigation and prosecution stages; 3) Create a child-friendly complaint and reporting center that is easily accessible to child victims of sexual exploitation crimes.  Keywords: commercial sexual exploitation of children; social media; legal protection.
Restitution in Juvenile Criminal Cases: A Proposed Amendment to Government Regulation No. 43/2017 in Light of International Legal Principles Fernanda, Vuzio; Hafrida; Lasmadi, Sahuri
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6293

Abstract

This article analyses how Government Regulation Number 43/2017 shall be amended on international human rights law. It is needed since this regulation does not further regulate the offender's responsibility due to the offender's economic inability. The article implements normative research based on the UNCRC, the Chorzow Factory Case, jurisprudence from the ECHR Case Law, and the UNGA Resolution 40/34. This article consists of three discussions. The first discussion implements the provisions of the UNCRC in proposing how the government regulation shall be amended. Meanwhile, the second discussion suggests how the regulation shall be amended based on international case laws. Finally, the third discussion enhanced the previous two discussions by implementing the UNGA Resolution 40/34. Indonesia shall amend the provisions under Articles 19-22 of the regulation to ensure the full reparation of the victim and the perpetrator’s responsibility is fulfilled. This article also suggests that Indonesia shall consider the offender's and the victim’s conflicting interests. The third discussion suggested the LPSK to be the authorized organ to pay the restitution to the victim in the case where the offender or convicted is unable to fulfill the responsibility.
Legal Politics of Overcoming the Crime of Money Laundering in Equitable Law Enforcement Gusri Putra Dodi; Helmi; Hafrida
Formosa Journal of Multidisciplinary Research Vol. 3 No. 6 (2024): June 2024
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/fjmr.v3i6.9354

Abstract

In simple terms, money laundering is an effort made to disguise or make unclear hot or dirty money (dirty money), namely money originating from illegal practices such as corruption, trafficking of women and children, terrorism, bribery, smuggling, selling illegal drugs, gambling, prostitution, banking crimes and other unhealthy practices. The term Money Laundering (ML) denotes the process carried out by criminals to encourage the true origin of the proceeds obtained from criminal activities and to make their money appear to be clean money or legitimate income. A good law must be able to become a social engineering tool that is able to create or change a bad or unfavorable situation to a better one, so that society will increasingly feel the benefits of the law. So what is meant by the term law is a tool of social engineering is not just a theory as written by Roscoe Pound. If you want to pay special attention to the development of law in Indonesia, you can also see it from the laws created by the government. The development of this legislation can be seen from 3 (three) government periodizations, namely: old order government, new order government, and post-reformation government. One of the regulations that has generated a lot of content and controversy in the regulation of the eradication and prevention of money laundering crimes is the provisions of Article 69 of Law no. 8 of 2010. As for Article 69 of Law no. 8 of 2010 states "In order to carry out investigations, settlements and examinations in court regarding the crime of money laundering, it is not necessary to prove the original crime first." Many practitioners and academics do not agree with the application of this article, because according to them, if an investigation and prosecution is to be carried out in court, it is mandatory that the predicate crime or what is better known as the initial crime be proven first. The TPPU Law adheres to the principle of double criminality with the consideration that the crime of money laundering is one of the cross-border crimes or transnational crimes. "The affirmation of the adoption of the dual criminality principle is very important in relation to international cooperation in the field of eradicating money laundering crimes" In writing this research, the author raised the problem formulation, What is the legal politics of eradicating the crime of money laundering in Indonesia so that justice can be achieved?
The Urgency of Artificial Intelligence Criminal Responsibility as Cybercriminals Cheny Berlian; Helmi; Hafrida
International Journal of Scientific Multidisciplinary Research Vol. 2 No. 4 (2024): April 2024
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/ijsmr.v2i4.8762

Abstract

The development of information technology at this time has created many changes in life in society, the presence of artificial intelligence (A.I) in the midst of human life activities has provided many benefits both in aspects, so that today's society is very dependent on A.I which is considered very helpful in its work. Of course it can be seen that A.I also does the same thing as humans and has a positive impact and a negative impact on human life, where every aspect has a great impact on human life. The formulation of the problem in this study is the regulation of the use of artificial intelligence in Indonesia at this time and the Urgency of Criminal Responsibility of Artificial Intelligence as Perpetrators of Cybercrime. This research belongs to the normative legal research type. and the nature of this research is descriptive analysis. The results of the discussion in this study found that the A.I Regulation at this time is not specifically regulated by the law on A.I, but is regulated in the ITE law, namely in article 1 number 8 concerning electronic agents, where electronic agents are interpreted as A.I by analogy with the meaning of the word "automatic", then the next discussion is about the criminal responsibility of artificial intelligence as cyber criminals is a very important study for The lack of discussion on the use of A.I in Indonesian state regulations raises concerns in the public about the increasing potential for violations of the law and crime by these entities
Existence of Witness and Victim Protection Agencies in the Perspective of Justice for Victims Domestic Violence Oktir Nebi; Sukamto Sutoto; Hafrida; Elly Sudarti
International Journal of Integrative Sciences Vol. 3 No. 1 (2024): January 2024
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/ijis.v3i1.7495

Abstract

The objective of this research is to examine the functioning of institutions responsible for safeguarding witnesses and victims in ensuring justice, advantages, and legal assurance for individuals affected by domestic violence. The chosen research method is Normative Juridical, also known as Normative research. Despite the Witness and Victim Protection Agency fulfilling its responsibilities to protect victims of domestic violence, it is not the primary choice for those seeking protection. To address this, there is a need to extend the reach of the Witness and Victim Protection Agency beyond the National Capital to include representatives in all Provincial Capitals across Indonesia. Additionally, empowering these representatives to make decisions on protection requests from domestic violence victims is crucial. Furthermore, there is a necessity to formalize the institutional relationships between the Witness and Victim Protection Agency and other relevant organizations. This would enhance protection services tailored to the specific requirements of domestic violence victims. This could involve establishing institutional connections to improve the overall effectiveness of victim protection efforts
Investigative Authority and Institutional Autonomy in Corruption Crimes: A Comparative Study between Indonesia and Hong Kong Erlangga, Dhani; Hafrida; Rapik, Mohamad
PAMPAS: Journal of Criminal Law Vol. 6 No. 3 (2025)
Publisher : Faculty of Law, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/pampas.v6i3.48446

Abstract

This study investigates the comparative framework of investigative authority in corruption crimes between Indonesia and Hong Kong, focusing on the Corruption Eradication Commission (KPK) and the Independent Commission Against Corruption (ICAC). The research aims to analyze the legal foundations, institutional structures, and mechanisms of investigation employed by both countries in combating corruption, and to evaluate their effectiveness, independence, and challenges. Utilizing a normative juridical method with a comparative approach, this study relies on statutory documents, academic literature, and institutional reports as primary sources. Findings reveal that the ICAC operates under a centralized structure with clear mandates and high institutional independence, supported by the common law system, which enhances its operational effectiveness and public trust. Conversely, KPK’s authority is influenced by multi-agency coordination, a civil law system, and legal amendments that have potentially weakened its investigative autonomy and reduced efficiency. This research concludes that while Indonesia has made progress in anti-corruption efforts, structural and legal complexities hinder optimal enforcement. Strengthening KPK’s institutional independence, narrowing its functions to focus on core investigations, and adopting streamlined procedures inspired by ICAC could significantly improve anti-corruption outcomes. The Hong Kong model presents valuable lessons for Indonesia in fostering a more coherent and resilient legal framework for corruption investigation. This study offers a novel contribution by linking the relationship between legal structure and institutional independence in determining the effectiveness of corruption investigations a dimension rarely emphasized in prior comparative studies. Abstrak Penelitian ini mengkaji kerangka perbandingan kewenangan penyidikan dalam tindak pidana korupsi antara Indonesia dan Hong Kong, dengan fokus pada Komisi Pemberantasan Korupsi (KPK) dan Independent Commission Against Corruption (ICAC). Tujuan utama dari penelitian ini adalah untuk menganalisis dasar hukum, struktur kelembagaan, serta mekanisme penyidikan yang diterapkan oleh kedua negara, sekaligus mengevaluasi efektivitas, independensi, serta tantangan yang dihadapi masing-masing lembaga. Penelitian ini menggunakan metode yuridis normatif dengan pendekatan perbandingan hukum, serta didasarkan pada studi pustaka terhadap peraturan perundang-undangan, literatur akademik, dan dokumen kelembagaan yang relevan. Hasil penelitian menunjukkan bahwa ICAC beroperasi secara terpusat dengan kewenangan yang jelas dan independensi kelembagaan yang tinggi, didukung oleh sistem hukum common law yang memperkuat efektivitas operasional dan kepercayaan publik. Sebaliknya, kewenangan KPK dipengaruhi oleh sistem koordinasi antar lembaga, sistem hukum civil law, serta perubahan regulasi yang cenderung melemahkan otonomi dan efisiensi penyidikan. Penelitian ini menyimpulkan bahwa Indonesia perlu memperkuat independensi kelembagaan KPK, menyederhanakan fungsinya agar lebih fokus pada penyidikan, serta mengadopsi prosedur yang lebih ringkas seperti yang diterapkan oleh ICAC. Model Hong Kong memberikan pelajaran berharga bagi Indonesia dalam membangun sistem hukum pemberantasan korupsi yang lebih tangguh dan terarah. Kebaruan penelitian ini terletak pada analisis hubungan antara struktur hukum dan tingkat independensi kelembagaan dalam efektivitas penyidikan tindak pidana korupsi, suatu dimensi yang belum banyak dikaji dalam penelitian sebelumnya.
Reformulation of the Return of State Losses as the Basis for Terminating Investigations into Corruption Crimes Widia Dewi Anggraini; Hafrida; Erwin
Melayunesia Law Vol. 9 No. 2 (2025): Melayunesia Law
Publisher : Magister Ilmu Hukum Fakultas Hukum Universitas Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30652/yzqs9025

Abstract

This article discuss issue law about urgency of reform of Article 4 of the Law Eradication Action Criminal Corruption in relation with recovery loss state finances and effectiveness enforcement law. Focus study directed at the problems implementation Article 4 which in practice does not provide incentives for perpetrators to recover state financial losses, because even though the losses have been recovered, the legal process continues without any different consequences. The research method used is a normative juridical approach by examining relevant laws and regulations, court decisions, and law enforcement practices. The results of the analysis indicate that the criminal system that emphasizes the retributive aspect is not fully in line with the objectives of national law, namely realizing the benefits and recovery of state finances. As a solution, this study proposes a reformulation of Article 4 by setting a limit of the value of losses below IDR 1 billion, the investigation of which can be stopped if the perpetrator has returned the entire principal loss along with interest and consequences. This approach aims to streamline law enforcement, encourage perpetrators' awareness in recovering state losses, and emphasize the orientation of criminal law on corruption towards restorative fiscal justice. Thus, this reformulation is expected to be able to balance legal certainty, benefits, and justice in efforts to eradicate criminal acts of corruption in Indonesia paragraph.
Co-Authors AA Sudharmawan, AA Arizyanto, Romi Beny Saputra Berlian, Cheny Elly Sudarti Erlangga, Dhani Erwin Fernanda, Vuzio Gusri Putra Dodi HARTATI Helmi Herry Liyus Mohamad Rapik Oktir Nebi Sahuri Lasmadi Sukamto Sutoto Tamba, Samuel Usman Widia Dewi Anggraini