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All Journal Journal Evidence Of Law PENA LAW: International Journal of Law Advances In Social Humanities Research Asian Journal of Social and Humanities
Shodiq, Md.
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Humanities Decision Sciences, Operations Research & Management Earth & Planetary Sciences Engineering Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Domestic Violence Crimes: Legal Sanctions and Implication Anwar, Mohamad; Shodiq, Md.; Darodjat, Tubagus Achmad
Journal Evidence Of Law Vol. 3 No. 3 (2024): Journal Evidence Of Law (Desember)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v3i3.940

Abstract

This article discusses the application of criminal sanctions against perpetrators of domestic violence (KDRT) according to Law No. 23/2004 on the Elimination of Domestic Violence. Criminal sanctions are not only aimed at providing a deterrent effect to perpetrators but also as a form of legal protection for victims. This article also discusses the relevance of the concept of restorative justice as an alternative resolution in domestic violence cases to achieve balanced justice. The method used is descriptive-analytical with a normative approach, analyzing the application of law and the effectiveness of sanctions.
Role Of Witness And Victim Protection Agencies For Victims Of Secual Violence Rosadi, Rosadi; Shodiq, Md.; Pringle , Nisa
Journal Evidence Of Law Vol. 3 No. 3 (2024): Journal Evidence Of Law (Desember)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v3i3.952

Abstract

This research aims to analyse the role of the Witness and Victim Protection Agency (LPSK) in providing legal protection to victims of sexual violence in Indonesia. This research uses normative juridical methodology with a qualitative approach to evaluate the effectiveness of protection provided by LPSK in the context of Indonesian law. Based on the findings, the legal protection provided by LPSK is based on clear regulations, including Law No. 13/2006 on Witness and Victim Protection and Law No. 12/2022 on the Elimination of Sexual Violence. However, the effectiveness of the protection is still affected by factors such as limited resources of LPSK, social stigma against victims, and low legal awareness in the community. Therefore, this study recommends increasing the capacity of LPSK, legal counselling, and eliminating social stigma to increase the effectiveness of protection for victims of sexual violence.
Proving The Crime Of Money Laundering In Corruption Cases Dharen, Sri; Shodiq, Md.; Pomsen , Chanida
Journal Evidence Of Law Vol. 3 No. 3 (2024): Journal Evidence Of Law (Desember)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v3i3.954

Abstract

This research aims to analyse the mechanism of proof of money laundering crime (TPPU) originating from the proceeds of corruption in Indonesia. One of the main focuses in this research is the application of the reversal of the burden of proof system stipulated in Law Number 8 Year 2010 on the Prevention and Eradication of Money Laundering Crimes (Anti-Money Laundering Law). This research hypothesis argues that the reversal of the burden of proof system can be an effective instrument in proving money laundering crimes originating from corruption, by utilising the role of financial institutions, transaction analysis by PPATK, and synergy between law enforcement officials. The research method used is juridical-normative with an analytical descriptive approach, which examines the applicable legislation, as well as the practice of its application in the Indonesian judicial system. The results show that despite technical obstacles in proof, such as difficulties in tracing the origin of laundered assets, the application of reversal of the burden of proof provides significant advantages for law enforcement. It is hoped that the application of strict sanctions against ML offenders can provide a deterrent effect while increasing the effectiveness of corruption eradication in Indonesia.
Reconstruction Of The Expansion Of Criminal Sanctions For Money Laundering Crimes Through Non-Conviction Based (Ncb) Asset Forfeiture And In Rem Lawsuit Dhumilah, Dewic Sri Ratnaning; Mustofa, Muhammad; Shodiq, Md.
Asian Journal of Social and Humanities Vol. 3 No. 9 (2025): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v3i9.586

Abstract

The construction of criminal sanctions for money laundering (TPPU) in Indonesia is still a classic problem that has not been successful. The dependence on proof of the original crime in the criminal process is often the main obstacle in its enforcement. This is compounded by the weakness of legal norms related to the process of confiscating assets resulting from money laundering. Data from the 2021 PPATK National Risk Assessment (NRA) report, the estimated value of the proceeds of crime reached IDR 44,200,000,000,000 (forty-four trillion two hundred billion rupiah) and has not been confiscated by the state. The results of the PPATK analysis also stated that the length of the TPPU criminal justice process was a factor. The procedure for criminalizing money laundering only focuses on fulfilling the elements of the crime while the object of the crime has always not received attention and has not been a special consideration as the main door to arresting the perpetrators of the crime even though there are indications of improper acquisition of assets. In Australia and America, the TPPU criminal process uses a combined criminal and civil system, namely through the in rem lawsuit method in the NCB concept which can be the main door in enforcing TPPU. The use of the in rem method in enforcing TPPU does not only focus on the purpose of "asset confiscation" but also finding the perpetrators of the crime. So in this study the author reconstructs the expansion of the criminal punishment for money laundering (TPPU) which will be determined through NCB Asset Forfeiture and In Personam. Using the normative juridical method to analyze the concept of the approach to expanding the punishment of money laundering through NCB Asset Forfeiture and in personam in doctrine, theory, rules and concepts, as well as a comparative study of its application within the framework of the Theory of Justice, Theory of Asset Confiscation and Alternative Punishment Theory. So it can be concluded that the reconstruction of the expansion of TPPU criminalization through NCB asset forfeiture and In personam is an alternative TPPU criminalization that can be implemented considering that the current positive legal provisions cannot accommodate the actions of criminals who continue to enjoy the proceeds of crime, which greatly injures the sense of justice for victims and/or the state, even though we have ratified the UNCAC since 2003. For the sake of achieving justice (gerechtgkeit) and the realization of laws that provide certainty (rechtssicherheit) and benefits (zweckmassigkeit).
THE POLITICAL ROLE OF CRIMINAL LAW IN SHAPING COUNTER-TERRORISM POLICY IN INDONESIA Patria, Widya Nusa; Shodiq, Md.; Rattanapun, Supot
PENA LAW: International Journal of Law Vol. 3 No. 1 (2025): May
Publisher : Yayasan Pusat Cendekiawan Intelektual Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56107/penalaw.v3i1.222

Abstract

The politics of criminal law has a strategic role in shaping counter-terrorism policy in Indonesia, especially after the increasing threat of global and domestic terrorism. Through Law Number 5/2018, the state adopts a more repressive criminal law approach by expanding the definition of terrorism crimes and giving greater authority to security forces. This research aims to analyze the role of criminal law politics in the process of counter-terrorism policy formation, as well as evaluate its suitability with the principles of justice and the rule of law. By using a normative juridical approach and qualitative analysis of legislation, doctrine, and the dynamics of policy formation, this research finds that counter-terrorism policies in Indonesia still tend to favor the security paradigm over the protection of human rights. The politics of Indonesian criminal law has not fully demonstrated alignment with substantive justice, due to weak accountability mechanisms and limited space for public participation in policy formulation. This research provides a theoretical contribution in expanding the understanding of the relationship between political power and criminal law, as well as encouraging policy reforms that are more democratic, proportional, and based on human rights values.
Reconstruction of Narcotics Rehabilitation Law in Indonesia: a Framework For Harmonization With Global Human Rights And Health Standards Dharmaputra, Ngurah Suradatta; Latif, Abdul; Shodiq, Md.
Advances In Social Humanities Research Vol. 3 No. 10 (2025): Advances In Social Humanities Research
Publisher : Sahabat Publikasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/adv.v3i10.478

Abstract

The growing global consensus toward health- and rights-based approaches in drug policy has highlighted the limitations of punitive legal systems, especially in developing countries such as Indonesia. Despite legal provisions enabling rehabilitation for drug users, Indonesia’s narcotics law remains fragmented, discretionary, and misaligned with international standards set by the United Nations Office on Drugs and Crime (UNODC) and the World Health Organization (WHO). This normative legal research critically examines the gap between Indonesia’s legal framework on drug rehabilitation and international best practices, using comparative legal analysis and conceptual theory integration, including legal pluralism and therapeutic jurisprudence. Findings reveal that the Indonesian legal system lacks normative consistency, suffers from institutional overlap, and fails to uphold essential human rights protections in rehabilitation processes. Drawing from Portugal and Switzerland’s legal models, the study proposes a harmonization framework that incorporates voluntary treatment, role clarity, rights-based indicators, and inter-agency coordination. This paper contributes to both academic discourse and policy reform by offering a grounded pathway for aligning Indonesia’s rehabilitation law with evolving global standards.
Strengthening Responsive Mechanisms for the Protection of Witnesses and Victims in the Indonesian Criminal Justice System Kadapi, Resmen; Hasibuan, Fauzie Yusuf; Shodiq, Md.
Advances In Social Humanities Research Vol. 3 No. 10 (2025): Advances In Social Humanities Research
Publisher : Sahabat Publikasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/adv.v3i10.487

Abstract

Witness and victim protection is a vital element of the criminal justice system, yet in Indonesia it continues to face significant challenges. Although the legal framework is established under Law No. 13/2006 as amended by Law No. 31/2014, the implementation remains partial and reactive, with an emphasis on physical safeguards only. This study adopts a normative juridical approach supplemented with limited empirical inquiry to assess the effectiveness of existing mechanisms and to propose a more responsive model. The findings reveal regulatory disharmony with the Criminal Procedure Code, limited institutional capacity of the Witness and Victim Protection Agency (LPSK), and weak fulfillment of victims’ rights, including compensation and psychosocial recovery. These shortcomings contribute to secondary victimization and undermine the legitimacy of the justice system. Comparative insights from the United States, Australia, and the Philippines demonstrate that responsiveness can be enhanced through institutional innovation, early-warning mechanisms, and cross-agency coordination. This study underscores the urgent need for reform toward adaptive and comprehensive protection, while reinforcing the relevance of responsive law and victimology in ensuring substantive justice for witnesses and victims.
Legal Response to Lone-Wolf Terrorism: A Global Review of Emerging Trends in Criminal Law Lombu, Hadirat Syukur; Shodiq, Md.; Suasoongnern, Sineenart
Journal Evidence Of Law Vol. 4 No. 2 (2025): Journal Evidence Of Law (Agustus)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v4i2.1597

Abstract

Lone-wolf terrorism poses a major challenge to modern criminal justice systems due to its decentralized, unpredictable, and often ideologically motivated nature. Unlike organized terrorist networks, lone actors tend to undergo radicalization independently and lack formal logistical support, rendering conventional law enforcement strategies less effective. This study uses a legal-normative method and a comparative law approach to examine the responses of four countries—the United States, the United Kingdom, France, and Indonesia—to this threat through their national criminal law frameworks. The results reveal significant differences in legal definitions, preventive measures, and standards of proof, reflecting the tension between national security needs and the protection of human rights. Common law countries are more likely to adopt proactive measures such as pre-crime intervention and movement restrictions, while civil law countries tend to be cautious in upholding the principle of legality and procedural safeguards. This article proposes universal legal principles that emphasize proportionality, legal certainty, and respect for human rights in responding to individual terrorism. The main contribution of this research lies in the development of a normative framework that can be used to harmonize national and international criminal law responses to the threat of individual terrorism.
Landowners’ Rights and Criminal Liability: Towards a Normative Framework for International Legal Protection Nizam, Ary; Shodiq, Md.; Akkapin, Supaphorn
Journal Evidence Of Law Vol. 4 No. 3 (2025): Journal Evidence Of Law (Inpress Desember)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v4i3.1715

Abstract

Land ownership has long been seen as a fundamental right, but its protection under international law remains fragmented and inadequate. While the Universal Declaration of Human Rights and related covenants recognize the property right, there is no comprehensive international instrument explicitly safeguarding land rights, especially amid systematic land grabbing and forced evictions. This study employs a normative legal approach with a qualitative design, analyzing primary legal sources—including international treaties, jurisprudence from the International Court of Justice and the International Criminal Court—as well as academic literature and reports from civil society. The findings highlight three main points. First, international recognition of land rights is weak and lacks effective enforcement mechanisms. Second, systematic violations like mass evictions could be considered international crimes, particularly crimes against humanity, but the lack of explicit jurisprudence creates interpretive ambiguity. Third, while states often justify large-scale land dispossession, corporate accountability at the international level remains limited because it relies on non-binding soft law principles. Reflecting on these findings, the study advocates for the development of a normative framework that links land rights protection with international criminal responsibility. Such a framework would not only strengthen theoretical understanding by connecting property rights with international criminal law but also offer practical guidance for policymakers, international organizations, and civil society. Ultimately, this research aims to help bridge the gap between formal recognition and absolute protection of land rights in the context of globalization.
Co-Authors Abdul Latif Akkapin, Supaphorn Darodjat, Tubagus Achmad Dharen, Sri Dharmaputra, Ngurah Suradatta Dhumilah, Dewic Sri Ratnaning Hasibuan, Fauzie Yusuf Kadapi, Resmen Lombu, Hadirat Syukur Mohamad Anwar, Mohamad Muhammad Mustofa Nizam, Ary Patria, Widya Nusa Pomsen , Chanida Pringle , Nisa Rattanapun, Supot Rosadi rosadi Suasoongnern, Sineenart