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All Journal JURNAL PENDIDIKAN DASAR FLOBAMORATA EMBISS: Jurnal Ekonomi, Manajemen, Bisnis, Sosial Jurnal hukum IUS PUBLICUM Jurnal Riset Perkebunan (JRP) Best Journal of Administration and Management Lead Journal of Economy and Administration Indonesian Journal of Community Services Cel AMMA : Jurnal Pengabdian Masyarakat Jagur: Jurnal Agroteknologi Indonesian Journal of Law and Justice ENCRYPTION: Journal of Information And Technology DIVERSITY: Journal of Multi Science Linearity
Kuswandi
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Agriculture, Biological Sciences & Forestry Humanities Chemistry Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Mathematics Nursing Social Sciences Other

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Implementation of Compulsory Defence In The Indonesian Criminal Justice System: A Normative Analysis and Study of Court Decisions Kayla Andini Putri; Kuswandi
Indonesian Journal of Law and Justice Vol. 3 No. 2 (2025): December
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/ijlj.v3i2.5273

Abstract

Necessary defence is a criminal defence that plays an important role in Indonesian criminal law, especially amid increasing public vulnerability to the threat of crime. Although it is regulated in Article 49 of the Criminal Code and reinforced by Article 34 of Law Number 1 of 2023, its application in practice still faces various problems. The main problem lies in law enforcement officials' assessment of the elements of forced defence, such as proportionality, immediacy, inability to avoid, and the psychological condition of the perpetrator, which often leads to the criminalisation of defensive actions that should be lawful. This study uses a normative juridical approach with case studies of Donggala District Court Decision Number 32/Pid.B/2021, Sinjai District Court Decision Number 101/Pid.B/2024, and the Amaq Sinta case to examine the consistency of the application of forced defence in judicial practice. The results of the study show that the application of noodweer is highly dependent on the objectivity of investigators and the thoroughness of judges in understanding the factual context and the dynamics of the threat faced by the perpetrator. Differences in understanding among officials often create a gap between legal norms and law enforcement practices. Therefore, standardised interpretation, clear technical guidelines, and capacity building for officials are needed so that self-defence can realise substantive justice and effective protection of the right to life and safety of individuals.
Combating Street Crimes through Non-Penal Approach in Criminology Perspective Irman Putra, Muhammad Irsyad; Kuswandi
Indonesian Journal of Law and Justice Vol. 3 No. 3 (2026): March
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/ijlj.v3i3.5476

Abstract

This study was motivated by the increase in street crime, which has a direct impact on the community's sense of security and social order. The measures taken to combat street crime have been dominated by repressive and reactive penal approaches, which have not been effective in reducing crime rates in a sustainable manner and have not addressed the underlying criminogenic factors. From a criminological perspective, street crime is understood as a social phenomenon influenced by socio-economic conditions, weak social control, and low community participation. This study aims to analyse the effectiveness of existing street crime prevention measures and examine the relevance of non-penal approaches as a more comprehensive and humanistic prevention strategy. The research method used is descriptive analysis with a conceptual normative juridical approach. The research data consists of secondary data obtained through a literature study of scientific books, academic journals, and previous research results relevant to criminal policy and criminology. The data is analysed qualitatively to explain the relationship between social structure, crime causation factors, and street crime prevention policies. The results of the study show that the penal approach has not been effective in reducing crime in a sustainable manner. The non-penal approach has a strategic role through community empowerment, strengthening social control, improving socio-economic conditions, and environmental management. This study concludes that the balanced and sustainable integration of penal and non-penal approaches is an important prerequisite for realising equitable community protection and social order.
Co-Authors Aji Mulyana Apriyanto Nugroho Aswat, Amarilla Daryati Didit Ardianto Hamizar, Hamizar Handayani, Meyga Fitri Hayati, PK Dewi Iga Intani Descatherine Muslimah Irman Putra, Muhammad Irsyad Jiadi, Eka Jenny Maharani Putri Karjunita, Nike Kayla Andini Putri Lananda, Ardelia Lela Kurniawati M. Zainal Arifin Manjasari, Putri Vitaliya Muhammad Yasin Muhammad Yasin Nafiqoh, Anin Nasril Nawang Furyshade Ningsih, Kristina Diana Nirmala, Della Sevia Oktaviani, Mita Aulia Permana, Ajeng Rahayu, Anisa Rifda Fitrianty Samsul Bahri Saptaning Ruju Paminto Shifa, Agisni Sinurat, Serepita SRI RAHAYU Subiantoro, Bambang Sudirman Sulhatun Suryati Sutoyo Taufik Sholeh TEDDY SETIADY Tirta Danu, Sebastian Warnita Yolanda Dewita Sari Zukhrizal Irbani