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All Journal Ius Civile: Refleksi Penegakan Hukum dan Keadilan Jurnal Independent
Achmad Royani
Fakultas Hukum Unisla
Humanities Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : Jurnal Independent

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EVALUATION OF THE APPLICABILITY OF INDONESIAN CRIMINAL PROCEDURE CODE ROYANI, ACHMAD; ISNAINI, ENIK; WINARNO, JATMIKO
Jurnal Independent Vol. 10 No. 2 (2022): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v10i2.178

Abstract

AbstractionEven though it was promulgated more than 40 years ago, the Criminal Procedure Code(KUHAP) is still the main reference for the operationalization of the criminal justice systemin Indonesia. During the same period, the practice of criminal procedural law developed sorapidly and slowly revealed imperfections in the basic building and design of the criminaljustice system regulated in the Criminal Procedure Code. The Criminal Procedure Codeaudit was prepared with the aim of providing a complete portrait of the problematicIndonesian criminal procedural law based on factual evidence in judicial practice. In the firstpart, the context of the analysis is aimed at regulatory gaps and deviations shown at theimplementation level. The basic assumptions built regarding the integrity and integration ofthe Indonesian criminal justice system are tested by basing them on empirical research andobservation, including an in-depth review of court decisions. This research also records thecurrent dynamics of criminal procedural law which are translated, formed, and reinterpretedby the courts, including through cases tried by the Supreme Court and the ConstitutionalCourt.
Legal Protection for Child Victims of Exploitation in Criminal Acts of Theft Royani, Achmad; Muljono, Bambang Eko; Shefirah, Renny Dea
Jurnal Independent Vol. 13 No. 1 (2025): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v13i1.367

Abstract

ABSTRACT This research is motivated by child victims of exploitation in the crime of theft. During the growth period of children, both physically and mentally, they need proper care and protection in accordance with applicable legal provisions. This type of research method uses normative juridical research using statutory approaches and conceptual approaches. From the above writing, it can be concluded that the legal protection of child victims of exploitation in the crime of theft is very important. Because children are categorized as victims of exploitation, they are used as perpetrators of theft by adults. In this case, the form of legal protection using diversionary settlement is regulated in Law Number 11 of 2012 concerning the Child Criminal Justice System and regulated in Article 59A as intended by Article 59 Paragraph (1) of Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection.
Protection Victims of Criminal Acts of Extortion and or Threats Through Social Media Nugroho, Fajar Seto; Royani, Achmad; Mahardika, Salsabilah Panca
Jurnal Independent Vol. 13 No. 1 (2025): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v13i1.371

Abstract

This research is motivated by the large number of people who commit unlawful acts in the form of extortion and/or threats using social media that can harm their users. The impact on victims affects physical, psychological, and material health. This research uses a Normative juridic research type with a Law approach and a concept approach. From the results of the study it can be concluded that the rules of criminal sanctions against perpetrators of extortion and/or threats are regulated in the Criminal Code, Law Number 31 of 2014 concerning Protection of Witnesses and Victims. While crimes through social media (Cybercrime) are regulated in Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions (ITE).
The Power of Proof of Child Witnesses in Criminal Procedure Suisno; Royani, Achmad; Airlangga, Ganda Adam
Jurnal Independent Vol. 13 No. 1 (2025): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v13i1.374

Abstract

Criminal offense cases nowadays not only involve adults, but also involve minors whether it is as a victim, witness, or perpetrator. In its strength of proof, the minor child witnesses do not have strong proof strength because of their labile attitude and thinking. The large number of crime cases involving children and in a court judgment to be discussed in this study shows that only one witness saw, and heard directly a crime, where the witness was still classified as a child and was the consideration of the assembly per team of judges in deciding. The first issue, how is the power of a child witness under the provisions of the statute. The research method adopted in this study is normative jurisprudence with Statute Approach (Statue Approach), collection materials of legal materials using Library Studies. The legal regulations governing child witnesses are Article 171 Paragraph (1), Article 185 Paragraph (7), Article 161 Paragraph (2) of the Code of Criminal Procedure, and Article 1 Number (5) of Law No. Criminal Event Law Act statements given by a child witness although by other witnesses are not considered to be valid evidentiary instruments shall however be admissible as clues and additional other valid instruments of evidence.
Co-Authors Airlangga, Ganda Adam ayu dian ningtias Isnaini, Enik Mahardika, Salsabilah Panca Muljono, Bambang Eko Nugroho, Fajar Seto Shefirah, Renny Dea Suisno Winarno, Jatmiko