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All Journal SALAM: Jurnal Sosial dan Budaya Syar-i Pembaharuan Hukum Jurnal Syntax Fusion : Jurnal Nasional Indonesia Indonesian Journal of Multidisciplinary Science Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Journal Evidence Of Law Journal of Innovation Research and Knowledge POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI) PENA LAW: International Journal of Law Dharmawangsa: International Journal of the Social Sciences, Education and Humanitis SEIKAT: Jurnal Ilmu Sosial, Politik dan Hukum ARMADA : Jurnal Penelitian Multidisiplin Blantika : Multidisciplinary Journal Advances In Social Humanities Research Jurnal Riset Ilmiah Jurnal Penelitian dan Pengkajian Ilmiah Asian Journal of Social and Humanities
Kristiawanto, Kristiawanto
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Journal : Jurnal Riset Ilmiah

 1 
PENEGAKAN HUKUM DELIK PENYUAPAN DAN GRATIFIKASI DALAM UNDANG-UNDANG PEMBERANTASAN TINDAK PIDANA KORUPSI DI INDONESIA Agil, Marwan; Maryano, Maryano; Kristiawanto, Kristiawanto
SINERGI : Jurnal Riset Ilmiah Vol. 2 No. 8 (2025): SINERGI : Jurnal Riset Ilmiah, Agustus 2025
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/sinergi.v2i8.1598

Abstract

This study aims to examine the implementation of bribery and gratuity offenses and analyze the form of law enforcement against bribery and gratuities in corruption cases in Indonesia in the future.  The method used is the normative or doctrinal research method. In this study, the implementation of the bribery and gratuity offense (ius constitutum) applied is Article 5 paragraph (2) jo Article 5 paragraph (1) of Law No.31/1999 as amended by Law No.20/2001 concerning the Eradication of Corruption Crimes (PTPK Law) with the occurrence of simultaneous regulations (concursusu idealis), so that law enforcement both Police Investigators, Prosecutors, and KPK must apply article 12 letter a or b. The results of this study show that in several Court Decisions such as Decision Number 10/PID. SUS-TPK/2021/PT DKI jo Decision Number 234 K/Pid.Sus/2009 jo Decision Number 286/Pid-Sus-TPK/2016/PN SBY, one of the articles that is often charged by prosecutors, namely Article 5 paragraph (2) compared to using Article 12 letter a or b, even though there is a basis for criminal ballasty, namely by using positions and joint regulations so that the right article to be used is Article 12 letter a or b
PENEGAKAN HUKUM TERHADAP PEMBUKTIAN MENS REA DALAM TINDAK PEMBUNUHAN BERENCANA Marsauli, Yopanus; Kristiawanto, Kristiawanto; Ismed, Mohammad
SINERGI : Jurnal Riset Ilmiah Vol. 2 No. 8 (2025): SINERGI : Jurnal Riset Ilmiah, Agustus 2025
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/sinergi.v2i8.1696

Abstract

This research is motivated by the proof of mens rea in premeditated murder which is influenced by the approach of malicious intent and actions. The obstacles that occurred included the first instance court considering that the concept of men rea which priortized the evil intention was the first, followed by the perpetrator’s actions. This concept is adopted by the common law system which requires a long time process. These elements are alsa called dualism, while the criminal justice system in Indonesia adheres to mononism. The formulation of the problem in this research is: How is mens rea proven in premeditated murder according to the criminal code in Indonesia?and what is the concept of proving mens rea in premeditated murder according to the Indonesia Criminal Code in the future?. This research uses the Theory of Law Enforcement influenced by legal strucuture, legal substance, and legal culture and the Theory of Negative Proof, where judges can decide a person is guilty with at least two sufficient pieces of evidence and the judge’s belief that a criminal event has occorred. The type of research used by the author in this thesis is normative juridical legal research. The data obtained was then analyzed qualitatively to reach objective conlclusions. This study used secondary data from primary and secondary legal materials, analyzed descriptively. The results of the study show that firstly, the proof of mens rea in premeditated murder in Indonesia in court decisions still applies dualism, namely malicious intent and acts. Second, the Makassar court’s decision convicted a person of ordinary murder under the article on premeditated murder with the consideration of intent without planning. For the sake of the principles of legal certainty, justice and consistency in the application of the law, it is appropriate for the court to follow the decision of the Supreme Court which has permanent legal force. The House of Representatives is revising article 340 of the Criminal Code in the future regarding planning that is open to multiple interpretations. Third, the indonesian state still adheres to monotheism. Fourth, the concept of proving mens rea in premeditated murder in future actions and responbility
ALTERNATIF PERTANGGUNGJAWABAN PIDANA TERHADAP PELAKU TINDAK PIDANA KORUPSI DENGAN KERUGIAN KEUANGAN NEGARA BERJUMLAH KECIL Anugerah, Listakeri S.; Kristiawanto, Kristiawanto; Ismed, Mohamad
SINERGI : Jurnal Riset Ilmiah Vol. 2 No. 3 (2025): SINERGI : Jurnal Riset Ilmiah, Maret 2025
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/sinergi.v2i3.1012

Abstract

Alternative criminal liability that can be provided to the perpetrators of corruption in the event of State losses caused by a small amount but meeting some of the characteristics presented by the researcher. In Indonesia, there have been many examples of corruption cases where the state's financial losses are small, but they are still continued to trial. The imposition of imprisonment on perpetrators of corruption is currently considered no longer effective in providing a deterrent effect on the perpetrators. Basically, the victim of corruption is the state. The state which in this case experiences losses of state assets makes the state the sole victim who must be given justice as a manifestation of the purpose of the law. The state as a victim with the result of the loss of state assets, in the long term also causes misery for the community. The method used in this study This study uses descriptive analytical research, which is carried out with the main aim of providing an objective picture or description of a situation. With a statute approach, case approach, conceptual approach, analytical approach, normative juridical approach. The research results recommend alternative responsibilities that will be imposed on perpetrators of corruption crimes amounting to small state financial losses as long as they meet the classifications that have been studied by the Researcher. The results of this study that on the impact of corruption practices on a small scale on the quality of handling cases for law enforcement and the quality of sentencing the perpetrators, as well as the recovery of State losses so that the state that has been harmed as a victim regain their rights that have been taken away by the perpetrators. Through the analysis of the literature and the study of several cases presented by the author, this thesis also identifies common patterns that occur, causal factors, as well as suggestions for handling them.
KONSEP NORMATIF SANKSI PIDANA TERHADAP PELAKU PERUNDUNGAN (BULLYING) UNTUK MEWUJUDKAN KEPASTIAN HUKUM Haryanto, Rudi; Kristiawanto, Kristiawanto; Basuki, Basuki
SINERGI : Jurnal Riset Ilmiah Vol. 2 No. 6 (2025): SINERGI : Jurnal Riset Ilmiah, Juni 2025
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/sinergi.v2i6.1415

Abstract

Bullying is a deliberate, repeated, and systematic behavior aimed at causing physical or psychological discomfort to others, often carried out for the perpetrator’s own amusement in witnessing the victim’s suffering. Bullying can take the form of mocking, insulting, making offensive remarks, or spreading false stories that isolate the victim or make them the subject of ridicule, leading to feelings of inferiority, fear, and distress. This behavior is increasingly concerning, as it affects various groups ranging from children to adults and can result in severe physical and psychological consequences, including fatal actions such as suicide. This study aims to analyze the effectiveness of criminal law in addressing bullying in Indonesia and to explore future normative concepts of criminal sanctions that combine both repressive and restorative approaches. The research problems raised in this study are. the current concept of criminal sanctions against bullying perpetrators, and the normative concept of criminal sanctions needed to ensure legal certainty in the future. Theories used in this research include the theory of punishment and the theory of legal certainty. he research method used is a normative legal approach. This study uses a statute approach, a case approach and a comparative approach which in principle originates from primary legal materials consisting of laws and judges' decisions, secondary legal materials consisting of books, research results, articles and tertiary legal materials from libraries, articles and websites. The legal material analysis technique uses grammatical interpretation techniques. This study reveals that the current concept of criminal punishment for bullying perpetrators in Indonesia adopts a mixed theory that combines retribution, prevention, and rehabilitation. However, the legal framework remains fragmented and unsystematic, leading to legal uncertainty and inconsistent law enforcement. To ensure legal certainty and public protection, a specific and comprehensive regulation on bullying is needed, including both criminal sanctions and additional penalties such as account suspension, content removal, temporary social media bans, public apologies, restitution, community service, and revocation of certain rights. The study also recommends the establishment of anti-bullying response units in educational institutions and workplaces, integrated with law enforcement and relevant agencies, to provide early detection, reporting mechanisms, and appropriate follow-up for bullying cases
Co-Authors Achmad Fitrian Agil, Marwan Akkapin, Supaphorn Anugerah, Listakeri S. Basuki , Chandra, Tofik Yanuar Christine Christine Dandel, Lukman Syafri Darodjat, Tubagus Achmad Effendy Nasution, Fachreja Hasibuan, Fauzie Yusuf Ismed, Mohamad Ismed, Mohammad Karinda, Frans Jomar Kilikily, Nikolas Johan Kusuma, Filiasari Laia, Aturkian Lawadinata, Alicia Avelina Marsauli, Yopanus Maryano, Maryano Muhamad, Fadel Muhammad Mustofa Munzir, Marinov Nainggolan, Marsudin Oktafianto, Wahyu Dwi Paparang, Santrawan T Ratna Dewi Rattanapun , Supot Romie, Romie Rudy Haryanto Saputra, Adji Sibero, Sari Maharani Tarigan Suganda, Atma Supono Supono T. Paparang, Santrawan Teepapal, Tanawat Te’dang, Yonika Winner Tuasela, Bernadus Alfons Tubalawony, Agnasia Marliana Zaenudin, Aa Muhamad