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All Journal LAW REFORM Jurnal Hukum Novelty International Journal of Law Reconstruction SIGn Jurnal Hukum Widya Pranata Hukum : Jurnal Kajian dan Penelitian Hukum SIGn Journal of Social Science
Iskandar, Ismail
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Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Acts of Violence against Children Outside the Investigation Process by Police Officers Ulil Amri; Iskandar, Ismail; Muh Abi Dzarr Al-Ghiffariy
Widya Pranata Hukum : Jurnal Kajian dan Penelitian Hukum Vol. 6 No. 2 (2024)
Publisher : Fakultas Hukum Universitas Widya Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37631/widyapranata.v6i2.1575

Abstract

Reports from legal aid organizations show signs of physical violence which should be a major concern in the investigation, but these appear to be ignored in the authorities' official reports. The research aims to examine the procedural law violations committed by police officers in cases of violence against children outside the investigation process. This study uses a normative juridical approach with an analysis of the murder case of Afif Maulana as the main illustration. The results show several serious violations of legal procedures that negatively impact the transparency and accountability of investigations. Violence by police officers against children also violates various national and international regulations on child protection. These violations significantly affect the psychological condition of children and cause deep trauma. This research emphasizes the importance of reforming Indonesia's judicial and law enforcement systems to ensure better protection for children in conflict with the law. Keywords: Violence; children; investigation; police
The Concept of Plea Bargain in the Criminal Process System in Indonesia Haeranah, Haeranah; Mirzana, Hijrah Adhyanti; Anas, Andi Muhammad Aswin; Iskandar, Ismail; Arifin, Arnita Pratiwi; Amri, Ulil; Normiati, Normiati
LAW REFORM Vol 21, No 1 (2025)
Publisher : PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/lr.v21i1.66764

Abstract

The concept of plea bargaining in Indonesia's criminal justice system still lacks a clear and definitive standard. This study aims to examine the current application of plea bargaining in the Indonesian justice system and to explore an ideal framework for its implementation in the future. The research adopts a normative juridical approach. The findings reveal that plea bargaining remains a relatively new concept in Indonesian criminal law. The existing Criminal Procedure Code does not provide regulations for plea bargaining as an alternative method for resolving criminal cases outside of court. However, the Draft Criminal Procedure Code has introduced the concept under the term "special path" in Article 199, which allows for plea bargaining between judges, public prosecutors, and legal counsel. Plea bargaining has the potential to serve as a solution to challenges in sentencing and correctional systems, ensuring the principles of swift, simple, and cost-effective justice while safeguarding the rights of the accused and enhancing their role in legal proceedings.
Paradox of Legal Protection for Kid Influencers and Artists in Indonesia: Comparative Study of Us and France Alfiyah, Andi Besse; Wiranti, Wiranti; Abrar, Ahmad Nugraha; Annisa, Arini Nur; Parawansa, Syarif Saddam Rivanie; Iskandar, Ismail
International Journal of Law Reconstruction Vol 9, No 1 (2025): International Journal of Law Reconstruction
Publisher : UNISSULA

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Abstract

Every country has to fulfill legal protection for children. In this digital era, social media have positive and negative impacts on children. The number of children using social media is the third highest, namely aged 5-12 years. The economic exploitation of children reaches 431 cases. This study aims to investigate these 3 cases based on the regulation and comparison with other countries. This qualitative research used Normative Jurisprudence, Case Study, and Statue Approaches. Normative Jurisprudence referred to the Child Protection Law and the Employment Law. The case study involved 3 cases and the status approach compared regulations between the United States and France.  This study revealed the urgency of the protection of child labor in the entertainment industry, namely kid influencers and artists who experience legal uncertainty due to the ambiguity and inequality of norms. Elements of the Criminal Act of Child Exploitation were fulfilled with the constraints in the explanation of the "Types of Economic Exploitation Acts" for child influencers or artists. Changes to related laws or legal reform through the Child Labor Law Draft need to consider the United States and France, which have succeeded in providing such protection.
Integration of Anti-SLAPP in the Reform of the Indonesian Criminal Procedure Code in an Effort to Protect Human Rights Muhni, Afif; Basri, Muhammad; Rivanie, Syarif Saddam; Iskandar, Ismail; Muin, Audyna Mayasari; Mirzana, Hijrah Adhyanti
SIGn Jurnal Hukum Vol 7 No 1: April - September 2025
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v7i1.485

Abstract

Public participation in Indonesia faces a threat of systematic criminalization due to a procedural legal vacuum in Law Number 8 of 1981. This loophole enables the abuse of the legal process through SLAPP, a practice that silences critical voices and delegitimizes the constitutional guarantees for Human Rights. This study aims to analyze the urgency of and formulate a normative framework for comprehensively integrating an Anti-SLAPP mechanism into the Criminal Procedure Code Bill. Using a normative legal research approach, this study examines the disharmony between substantive protection norms and the absence of procedural enforcement instruments. The analysis reveals that without an early screening mechanism, a rule for shifting the burden of proof, and the recognition of a public interest defense, Law Number 8 of 1981 structurally fails to protect citizens. Therefore, this study recommends the integration of an inclusive and non-sectoral Anti-SLAPP mechanism into the Criminal Procedure Code Bill, designed to protect not only conventional activism but also participation in the digital space. This step is a fundamental prerequisite for strengthening the rule of law, fulfilling commitments to SDG 16, and ensuring the resilience of Indonesian democracy in the future.
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.
Empowering SDG 16: Electronics-Based Criminal Law Policy to Combat Sexual Violence in Indonesia Maskun, Maskun; Azisa, Nur; Munandar, M. Aris; Mirzana, Hijrah Adhyanti; Ab Rahman, Nurul Hidayat; Normiati, Normiati; Iskandar, Ismail; Mutawalli, Muhammad
Jurnal Hukum Novelty Vol. 14 No. 2 (2023)
Publisher : Universitas Ahmad Dahlan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26555/novelty.v14i2.a26968

Abstract

Introduction to The Problem: Increasing cases of sexual violence, particularly against women, heighten concerns, prompting this group to be vigilant in self-protection. The lack of clarity on electronic-based sexual violence in the TPKS Law may lead to varied interpretations among law enforcement agencies. A normative study is crucial to discern the legislative intent and rationale, ensuring inclusion of these provisions in the TPKS Law. An ideal electronic-based criminal law policy is needed to universally safeguard victims, aligning with the principles of human dignity outlined in SDG 16 of the Global Agenda 2030.Purpose/Objective Study: This investigation sought to delineate the contours of Indonesia's legislative framework pertaining to electronic-based sexual violence within the ambit of criminal law policy. The significance of this inquiry lies in its inherent alignment with and contribution to the realization of Sustainable Development Goal 16, which fundamentally advocates for the promotion of peace, justice, and the fortification of robust institutional frameworks.Design/Methodology/Approach: The research method used is normative legal research with a statutory approach and qualitative analysis.Findings: Law Number 12 of 2022 addresses electronic-based sexual violence in Article 14(1) (a) and (b) but presents drawbacks, particularly concerning consensual consent. Recommending amendments to these articles is crucial to avoid discord with other regulations, striving for an optimal criminal law policy in Indonesia. Legal reforms should consider societal issues and contribute to effective law enforcement. Electronic-based sexual violence legislation must align with both expectations and realities, acknowledging the severity of the offense as a violation of human rights and a significant criminal act under SDG 16. The Indonesian government must establish and enforce laws to combat this activity, crucial for achieving SDG 16. Proposed amendments include introducing supplementary penalties, like revoking access rights to electronic media, to deter offenders.Paper Type: Research Article
Co-Authors Ab Rahman, Nurul Hidayat Abrar, Ahmad Nugraha Alfiyah, Andi Besse ANDI MUHAMMAD ASWIN ANAS Annisa, Arini Nur Arifin, Arnita Pratiwi Fachry Abda El Rahman Fathan, Robbi Haeranah, Haeranah Halim, Hamzah Hijrah Adhyanti Mirzana Jayawarsa, A.A. Ketut Karim, Muhammad Said Maskun Muh Abi Dzarr Al-Ghiffariy Muhammad Basri Muhni, Afif Muin, Audyna Mayasari Munandar, M. Aris Mutawalli, Muhammad Normiati, Normiati Nur Azisa Sriyana Sriyana Syarif Saddam Rivanie Wiranti, Wiranti