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All Journal Al-Risalah : Jurnal Imu Syariah dan Hukum Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan AMANNA GAPPA Awang Long Law Review SIGn Journal of Social Science
Karim, Muhammad Said
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Religion Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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THE URGENCY OF ASSET CONFISCATION WITHOUT CRIMINAL PROSECUTION IN CORRUPTION CRIMES AS RENEWAL OF INDONESIAN CRIMINAL LAW Hidayat, Ahmad Arif; Karim, Muhammad Said
Al-Risalah VOLUME 23 NO 1, MAY (2023)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.37164

Abstract

The Urgency of Confiscation of Assets Without Criminal Prosecution of Corruption for a Country of Confiscation of Assets without Criminal Prosecution of Corruption can be Implemented in Indonesia. Research using normative legal research. Is a legal research method that combines a normative legal approach, namely statutory law and a conceptual approach'. The results of the study showed that (1) Mechanisms for appropriation of assets without prosecution for corruption. The process is more effective because it bypasses several legal principles and also by lowering the standard of proof in criminal cases, is considered to have the potential to face the principle of a fair trial (due process of law). as well as the right to own one's property (property rights). This is, for example, reflecting on the experience of lawsuits for judicial review of several articles in the TPPU Law, such as the matter of reverse proof and evidence of predicate crimes. Even though the Constitutional Court Decision has confirmed the constitutionality of the articles being tested, (2) The biggest challenge for introducing the in rem asset confiscation law in the Asset Confiscation Bill is how to explain this approach, which separates the relationship of assets proceeds of crime from the perpetrators of crimes. Even though it is not at all aimed at eliminating the criminal justice process, sometimes in rem deprivation will only be after the proceeds of crime without regard to who the perpetrators are.
Urgensi Penerapan Doktrin Business Judgment Rule terhadap Direksi BUMN dalam Perkara Tindak Pidana Korupsi Hayyi, Muhammad Akram Syarif; Karim, Muhammad Said; Ilmar, Aminuddin
Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Vol 6, No 1 (2021): Juni 2021
Publisher : Universitas Negeri Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (327.38 KB) | DOI: 10.17977/um019v6i1p72-81

Abstract

The objective of this study was to hold directors accountable for company losses, the existence of business judgment rule in positive law, and the application of Business Judgment Rule as Legal Protection of the Board of Directors in Corruption Cases. The data obtained was presented analytically descriptively where the facts were described and later analyzed based on the laws and rules applicable in Indonesia as well as the theories. The accountability of the directors of State-Owned Enterprises for the company’s losses could be classified as acts that harm the state’s finances that include administrative, civil, and criminal responsibilities. The existence of business judgment rule doctrine in positive law had been regulated in Article 97 paragraph (5) of Law Number 40 of 2007 concerning Limited Liability Companies but had not been regulated technically related to the procedures for its application. The application of the business judgment rule doctrine as the protection of directors of State-Owned Enterprises in corruption cases should be used as material for consideration related to the removal of the defendant’s fault.
LEGAL PROTECTION AGAINST VICTIMS OF DOMESTIC VIOLENCE IN UNREGISTERED MARRIAGES Nurdin, Muhammad Farid; Karim, Muhammad Said; Heryani, Wiwie
Awang Long Law Review Vol. 5 No. 1 (2022): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (330.604 KB) | DOI: 10.56301/awl.v5i1.531

Abstract

This study purposes to analyze Law No. 23 Year 2004 in providing legal protection to victims of domestic violence against marriages that are not registered at the Office of Religious Affairs. The research is normative-legal research, using the statute approach, conceptual approach, and case approach. The legal materials used are primary legal materials and secondary legal materials. The collected legal materials are then analyzed qualitatively. The results of the study indicate that the law affirms that every citizen has the right to obtain legal protection, including victims of domestic violence. Law No. 23 Year 2004 concerning the elimination of domestic violence was then present to provide legal certainty related to legal protection in the event of domestic violence, the violence is both physical and psychological violence, the government then makes regulations related to protection schemes if it occurs violence starts from the protection of the police, social services, and courts. Especially for unregistered marriages, they can still get legal protection based on Law No. 23 Year 2004 if it can be proven that it is true that a marriage has occurred and lives in the same household.
Reformulasi Sanksi Kebiri Kimia bagi Pelaku Kekerasan Seksual terhadap Anak: Perspektif Kriminologi Sudarno; Karim, Muhammad Said
Amanna Gappa VOLUME 33 NOMOR 1, 2025
Publisher : Fakultas Hukum Universitas Hasanuddin

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Abstract

Statistik kriminal mengenai kekerasan seksual terhadap anak di Indonesia dari tahun 2016 hingga 2019 menunjukkan peningkatan yang signifikan. Namun, angka ini diyakini belum mencerminkan keseluruhan realitas, karena kemungkinan masih banyak kasus yang tidak tercatat atau tidak teridentifikasi oleh otoritas maupun masyarakat, yang dikenal sebagai kejahatan tersembunyi (hidden crime). Reformulasi sanksi kebiri kimia terhadap pelaku kekerasan seksual terhadap anak menetapkan bahwa pelaksanaan kebiri kimia dilakukan dua tahun sebelum masa hukuman pokok berakhir. Penetapan waktu ini disebabkan oleh keterbatasan medis terkait durasi efektivitas suntikan kebiri kimia dalam tubuh terpidana. Selain itu, perlu adanya harmonisasi dan sinergi dalam proses pelaksanaan agar tidak terjadi tumpang tindih yang dapat menimbulkan kebingungan di antara aparat penegak hukum.
The Integration of the LPSK into the Criminal Justice System: The Urgency of Witness and Victim Protection Amidst an Illusion of Criminal Procedure Law Reform Fathan, Robbi; Rivanie, Syarif Saddam; Karim, Muhammad Said; Iskandar, Ismail; Sriyana, Sriyana; Halim, Hamzah
SIGn Journal of Social Science Vol 6 No 1: Juni - November 2025
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjss.v6i1.517

Abstract

Indonesia’s criminal justice system confronts a fundamental paradox. Constitutional guarantees of citizen protection clash with the architecture of Law Number 8 of 1981, which is inherently offender-oriented and retributive in its paradigm. Ironically, the reform effort through the Criminal Procedure Code Bill, projected as a solution, risks creating a new “illusion of protection.” The draft Bill presents a seemingly progressive showcase of witness and victim rights. However, it simultaneously fails to provide an integrated enforcement mechanism and even introduces norms that could create systemic disharmony. This research aims to analyze the urgency of the problem and to formulate a holistic integration model for LPSK as a response to this systemic malady. Employing a hybrid legal research method that combines a juridical-normative analysis of the regulatory framework with a qualitative approach through an in-depth interview with an LPSK senior expert, this study finds that the LPSK’s structurally isolated position has led to serious institutional friction and ambiguous authority, despite its proven crucial role in strategic cases. Therefore, it is concluded that the required solution is a structural transformation. This study recommends a systemic integration model via two pathways: an imperative revision of the Criminal Procedure Code Bill, or the strengthening of the LPSK through an amendment to Law Number 13 of 2006 as a synchronized lex specialis, to ensure the realization of a criminal justice system that is substantively centered on witnesses and victims.
The Paradigm of Meaningful Guilty Pleas: Balancing Procedural Efficiency and Substantive Justice in the Indonesian Criminal Justice System Prasetyo, K. M. M. Gusti; Rivanie, Syarif Saddam; Karim, Muhammad Said; Latif, Birkah
SIGn Journal of Social Science Vol 6 No 2: Desember 2025 - Mei 2026
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjss.v6i2.568

Abstract

This study is motivated by the systemic dysfunction of the Indonesian criminal justice system, characterized by case backlogs and overcrowding in correctional institutions. This condition prompted the adoption of the plea bargain mechanism in Article 78 of the New Criminal Procedure Code. However, the application of this special track potentially becomes trapped in procedural pragmatism that neglects the search for material truth and the essence of substantive justice. The objective of this study is to formulate the Meaningful Guilty Plea paradigm as a synchronization instrument between the procedural efficiency of Article 78 of the New Criminal Procedure Code and substantive justice values in the sentencing guidelines of Article 54 of the New Penal Code. The research method used is normative legal research, employing statutory, conceptual, and comparative approaches through qualitative-prescriptive analysis. The results indicate that plea bargain formalism requires a rigid material foundation so that granting sentence reduction is not speculative-transactional in nature. The construction of the meaningful guilty plea paradigm requires examining the quality of the defendant’s statement, based on indicators of sincere remorse, moral responsibility, and commitment to victim recovery, to ensure sentencing proportionality. This synchronization enables a transition from a retributive pattern to a restorative-corrective model, as mandated by the New Penal Code. The conclusion asserts that procedural efficiency must be governed by active judicial control, achieved through the integration of sentencing guidelines to prevent judicial decision-making disparities. This study recommends the formulation of implementing regulations in the form of sentencing guidelines that integrate the plea-bargaining mechanism nationwide as a crucial implementation step following the recent enforcement of the new criminal law on January 2, 2026. Under this ideal model, the criminal justice system is expected to achieve sustainable harmony between the speed of processes and the quality of decisions that are substantively just for both the defendant and the victim.
The Dialectics of Judicial Pardon as a Safety Valve in the Offense of Murder: A Substantive Justice Analysis under Law Number 1 of 2023 Ramadinah, Tarisha Ersya; Rivanie, Syarif Saddam; Karim, Muhammad Said; Muhni, Afif
SIGn Journal of Social Science Vol 6 No 2: Desember 2025 - Mei 2026
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjss.v6i2.569

Abstract

The fundamental transformation of national criminal law through the promulgation of the New Penal Code promotes a paradigm of substantive justice that triggers a normative dialectic regarding the existence of the formal legality principle of colonial legacy. This study aims to critically analyze the position of judicial pardon as an exceptional veiligheidsklep instrument to accommodate legal facts in specific murder offenses, while simultaneously assessing its effectiveness in maintaining the balance between legal certainty and human rights protection. The research method employed is normative legal research with statute, conceptual, and comparative approaches analyzed qualitatively using deductive logic and the legal dialectic method. The results indicate that the limitative restrictions of judicial pardon in Article 70 section (2) of the New Penal Code clash diametrically with the mandate of Article 53 section (2) of the Law, which obligates judges to prioritize substantive justice over formal legal certainty. These findings affirm that judicial pardon functions as a final filter post-operationalization of the primary filter, in the form of conventional grounds for excluding punishment, such as weer-exces and overmacht. Through the analysis of Decision Number 4/Pid.B/2024/PN Jnp, it is proven that exceptional judicial pardon in murder offenses with a low degree of culpability constitutes a judicial necessity to realize the objectives of restorative justice and the decolonization of national criminal law. The conclusion of this study emphasizes that judicial pardon is an instrument for salvaging human dignity and requires the support of accountable sentencing guidelines. Therefore, the Supreme Court is advised to immediately establish a Regulation regulating qualitative parameters for the application of pardon in grave offenses to avoid sentencing disparities and ensure the moral legitimacy of the law in the future Indonesian criminal justice system.
Co-Authors Aminuddin Ilmar Birkah Latif Fathan, Robbi Halim, Hamzah Hayyi, Muhammad Akram Syarif Hidayat, Ahmad Arif Iskandar, Ismail Muhni, Afif Nurdin, Muhammad Farid Prasetyo, K. M. M. Gusti Ramadinah, Tarisha Ersya Sriyana Sriyana Sudarno Syarif Saddam Rivanie Wiwie Heryani