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All Journal Journal Evidence Of Law PENA LAW: International Journal of Law Jurnal Indonesia Sosial Sains Advances In Social Humanities Research Asian Journal of Social and Humanities
Shodiq, Md.
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Journal : Journal Evidence Of Law

 1 
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.
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 (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 Mastorat Mastorat Mohamad Anwar, Mohamad Muhammad Mustofa Nizam, Ary Patria, Widya Nusa Pomsen , Chanida Pringle , Nisa Rattanapun, Supot Rosadi rosadi Suasoongnern, Sineenart Suganda, Atma