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Journal : Advances In Social Humanities Research

Reconstruction of The Settlement of Misdemeanor Crimes by The Prosecutor's Office Through Restorative Justice Romie, Romie; Hasibuan, Fauzie Yusuf; Kristiawanto, Kristiawanto
Advances In Social Humanities Research Vol. 3 No. 4 (2025): Advances In Social Humanities Research
Publisher : Sahabat Publikasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/adv.v3i4.428

Abstract

Narcotics abuse remains a major challenge within Indonesia's criminal justice system, where a punitive approach emphasizing imprisonment still dominates over rehabilitation strategies. Although Restorative Justice offers a more humane alternative by prioritizing recovery and social reintegration, its implementation faces various obstacles, including regulatory inconsistencies, lack of rehabilitation facilities, limited understanding among law enforcement officials, and persistent social stigma against abusers. This study aims to analyze the effectiveness of Restorative Justice in narcotics abuse cases and propose regulatory reconstruction to strengthen rehabilitation-oriented resolutions. Employing a normative juridical method combined with an empirical approach, the research examines relevant legislation, court decisions, and field practices. The findings reveal a gap between regulatory frameworks, such as Law No. 35/2009, and progressive policies like Attorney General Regulation No. 18/2021, resulting in uneven application of Restorative Justice. Furthermore, limited infrastructure and social perceptions hamper recovery efforts. This study recommends harmonizing narcotics regulations, enhancing coordination among law enforcement agencies, expanding rehabilitation facilities, providing specialized training on restorative approaches, and promoting public education to reduce stigma. With comprehensive reforms, Indonesia’s criminal justice system can become more effective, balancing legal certainty with the principles of substantive justice, and offering a humane solution to narcotics abuse through a recovery-oriented model.
Strengthening Law Enforcement Against Digital Identity Abuse In Online Lending: A Normative And Forensic Analysis To Achieve Legal Certainty In Indonesia Rachmat Hidayat, Afif; Latif , Abdul; Kristiawanto, Kristiawanto
Advances In Social Humanities Research Vol. 3 No. 12 (2025): Advances In Social Humanities Research
Publisher : Sahabat Publikasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/adv.v3i12.526

Abstract

The rapid expansion of digital financial services has transformed online lending into a mainstream financial solution, yet simultaneously created new vulnerabilities involving the misuse of digital identities. This study examines the legal enforcement mechanisms applied to perpetrators who unlawfully use another person's identity to obtain online loans within Indonesia's evolving cybercrime landscape. Employing a normative juridical method integrated with statutory, conceptual, and case-based approaches, this research analyzes the adequacy of existing regulations—including the Criminal Code, the Electronic Information and Transactions Law, and the Personal Data Protection Law and their practical implementation. Findings reveal that regulatory fragmentation, insufficient verification standards, and limited digital forensic competence hinder effective prosecution. Case analyzes further demonstrate recurring issues in evidentiary quality, particularly concerning metadata integrity, digital traceability, and chain-of-custody compliance. These constraints contribute to uncertainty in determining liability, thereby undermining broader legal certainty. The study argues that strengthening legal enforcement requires a multi-dimensional strategy encompassing the adoption of specialized legislation on digital identity misuse, enhancement of forensic capabilities, mandatory biometric verification for fintech providers, and integrated inter-agency coordination through a national digital identity framework. This research contributes theoretically by advancing discourse on cybercrime and digital identity governance, and practically by offering policy recommendations to enhance legal certainty, accountability, and public trust in the digital financial ecosystem.