Claim Missing Document
Check
Articles

Found 4 Documents
Search
Journal : Decisio: Law Journal

Penegakan Hukum Pidana terhadap Tindak Pidana Makar di Aceh dalam Perspektif Hak Asasi Manusia Wicaksono, Adito; Laela, Sofa
Decisio: Jurnal Ilmiah Hukum Vol 1 No 2 (2024): DECISIO
Publisher : LPPM Iblam School of Law

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52249/decisio.v1i2.16

Abstract

The enforcement of criminal law against treason in Aceh remains a complex issue due to its legal, social, cultural, and political dimensions. The broad interpretation of treason under Indonesia's Penal Code, particularly Articles 87, 104, 106, 107, and 110, often leads to concerns about human rights violations, particularly in the context of freedom of expression. This study examines the implementation of treason laws in Aceh and its compatibility with human rights principles. The research highlights the challenges faced by law enforcement in maintaining national security while ensuring the protection of civil liberties. A qualitative normative legal research method was used, analyzing primary legal sources such as legislation and court rulings, complemented by secondary sources like legal literature and previous studies. Data collection was conducted through an extensive literature review with qualitative descriptive analysis applied to interpret the findings. The results indicate that the enforcement of treason laws in Aceh is often inconsistent and lacks sensitivity to the region’s historical and cultural context. A strict and repressive approach has led to public distrust in law enforcement and hindered reconciliation efforts. The study underscores the need for legal reforms, including clearer definitions of treason and improved judicial transparency. It also recommends a more inclusive, human-rights-based approach in law enforcement to maintain national stability while respecting fundamental freedoms.
Pertanggungjawaban Hukum Pejabat Negara dalam Tindak Pidana Korupsi Berdasarkan Sistem Peradilan Pidana di Indonesia Mahaputra, I Nyoman Trisna Wahyu; Laela, Sofa
Decisio: Jurnal Ilmiah Hukum Vol 2 No 1 (2025): DECISIO
Publisher : LPPM Iblam School of Law

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52249/decisio.v2i1.22

Abstract

Corruption involving state officials remains a critical issue in Indonesia, significantly undermining public trust and national development. Despite the existence of anti-corruption regulations, many officials exploit legal loopholes, resulting in ineffective law enforcement. The complexity of Indonesia’s criminal justice system, coupled with political interference, often hampers the prosecution of corrupt officials. Thus, analyzing the legal accountability of state officials in corruption cases is crucial to strengthening legal enforcement mechanisms. This study employs a qualitative research method with a normative legal approach, focusing on the analysis of statutory regulations and judicial decisions. Data collection is conducted through a comprehensive literature review, including primary legal sources such as laws, court rulings, and secondary references like academic journals and legal commentaries. The findings indicate that legal accountability for corrupt state officials encompasses three main aspects: criminal, civil, and administrative liability. However, the effectiveness of Indonesia’s criminal justice system remains questionable due to inconsistent law enforcement, lack of institutional coordination, and the influence of political power. The research highlights the necessity for legal reform, particularly in strengthening institutional independence and public participation in corruption eradication. Strengthening transparency and accountability within the judiciary is essential to ensure that corrupt officials receive appropriate sanctions and to restore public confidence in the legal system.
Peran Hukum Pidana dalam Menanggulangi Lone-Wolf Terrorism dan Tantangan dalam Penegakan Hukumnya Pasha, M. Akendra; Laela, Sofa
Decisio: Jurnal Ilmiah Hukum Vol 2 No 1 (2025): DECISIO
Publisher : LPPM Iblam School of Law

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52249/decisio.v2i1.23

Abstract

Lone-wolf terrorism has become an increasingly significant threat due to its unpredictable nature and the difficulty in detecting perpetrators before they commit acts of terror. Unlike organized terrorist groups, lone-wolf terrorists operate independently, making it challenging for law enforcement to identify early warning signs. The rise of digital platforms has further facilitated self-radicalization, allowing individuals to adopt extremist ideologies without direct contact with terrorist networks. This phenomenon presents legal and security challenges that require an adaptive criminal law approach. This study employs a qualitative method with a normative legal approach, focusing on regulatory analysis and the interpretation of legal norms in current practices. Data collection is conducted through literature review, utilizing primary legal sources such as laws and court decisions, as well as secondary sources like academic journals and previous research. The findings indicate that while Indonesian criminal law provides a legal foundation for countering terrorism, it faces significant obstacles in addressing lone-wolf terrorism. Challenges include difficulties in early identification, limited evidence collection, and legal gaps in dealing with individuals who show signs of radicalization but have yet to commit crimes. Strengthening preventive legal frameworks, integrating advanced technology in monitoring radicalization patterns, and enhancing inter-agency cooperation are crucial steps to improving law enforcement effectiveness against lone-wolf terrorism. The study highlights the need for a balanced legal strategy that ensures national security without compromising human rights.
Perspektif Kriminologi terhadap Kejahatan Seksual Anak dan Efektivitas Hukuman Kebiri Kimia Azzahra, Musrinah; Laela, Sofa
Decisio: Jurnal Ilmiah Hukum Vol 2 No 2 (2025): DECISIO
Publisher : LPPM Iblam School of Law

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52249/decisio.v2i2.31

Abstract

Child sexual crimes are a serious issue that continues to rise in Indonesia, with perpetrators often coming from the victim's closest environment, such as teachers, neighbors, or even family members. This crime has severe consequences, including physical, psychological, and social impacts that hinder the victim's recovery and reintegration into society. To address this issue, the Indonesian government has implemented chemical castration as an additional punishment under Law No. 17 of 2016. However, the effectiveness of chemical castration remains debated, particularly regarding its long-term impact and ethical implications.This study employs a qualitative method with a normative legal approach, focusing on the analysis of regulations and legal interpretations in practice. Data were collected through a comprehensive literature review, including primary sources such as laws and court rulings, as well as secondary sources like academic journals and prior research. The findings indicate that child sexual crimes are influenced by psychological, social, and economic factors, requiring a multidisciplinary approach for prevention. While chemical castration may reduce recidivism by suppressing testosterone levels, its psychological impact on perpetrators and ethical concerns limit its effectiveness. Furthermore, alternative approaches such as psychological rehabilitation and cognitive behavioral therapy (CBT) have shown greater long-term success. Strengthening the legal system and enhancing public education on sexual violence prevention are crucial to reducing the prevalence of child sexual crimes.