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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 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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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
Proving Motive In Premeditated Murder Cases Laia, Aturkian; Mustofa, Muhammad; Kristiawanto, Kristiawanto
Asian Journal of Social and Humanities Vol. 3 No. 4 (2025): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v3i4.474

Abstract

The proof of motive in the crime of premeditated murder plays a crucial role but faces significant challenges due to the absence of a clearly defined motive within Article 340 of the Indonesian Criminal Code, leading to varying interpretations and inconsistent applications of the law. Some judges consider motive as a basis for sentencing, while others do not, resulting in legal uncertainty and concerns over fairness and uniformity in judicial decisions. This research aims to analyze the position of motive proof within the crime of premeditated murder and propose an ideal concept for its future application. Using a normative legal research method with statutory, conceptual, and case study approaches, the findings reveal that the absence of a clear directive regarding motive causes inconsistent judicial practices and undermines legal certainty. The study highlights the need to explicitly incorporate motive as an essential element of proof in Article 340 to enhance fairness and consistency in judicial decisions. It concludes that integrating motive into the legal framework of premeditated murder is critical to ensuring clarity for judicial interpretation, upholding justice, and strengthening the reliability of the legal system.
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.
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 Latif , Abdul Lawadinata, Alicia Avelina Marsauli, Yopanus Maryano, Maryano Muhamad, Fadel Muhammad Mustofa Munzir, Marinov Nainggolan, Marsudin Oktafianto, Wahyu Dwi Paparang, Santrawan T Rachmat Hidayat, Afif Ratna Dewi Rattanapun , Supot Romie, Romie Rudy Haryanto Saputra, Adji Suganda, Atma Supono Supono T. Paparang, Santrawan Teepapal, Tanawat Te’dang, Yonika Winner Tuasela, Bernadus Alfons Tubalawony, Agnasia Marliana