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All Journal The 2nd Proceeding Indonesia Clean of Corruption in 2020" Referendum Terang: Jurnal Kajian Ilmu Sosial, Politik dan Hukum Konstitusi: Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi
Anita Zulfiani
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Law, Crime, Criminology & Criminal Justice Social Sciences Other

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DIVERSION IN COURT (Case Studies in Karanganyar District Court) Anita Zulfiani
The 2nd Proceeding “Indonesia Clean of Corruption in 2020" Table Of Content
Publisher : The 2nd Proceeding “Indonesia Clean of Corruption in 2020"

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Abstract

Children are the future generation. But in society, children can make mistakes and errors, and sometimes those errors can be categorized as a criminal offense, thus making a Children in conflict with the law. Child in conflict with the law should undergo the legal process.  But children have different psychological maturity from adults, so Children should not be treated the same as adults when they in conflict with the law. Concern for children as one of human resources, which is a potential successor to the nation's future, bringing awareness that children need special attention when dealing with the law. It encourages the establishment of rules on the treatment of children who commit criminal acts and must deal with the law. Regulations on handling children who commit criminal acts is Act No. 3 of 1997 on Juvenile Court. This rule is considered not giving enough protection to the child in conflict with the law, then Act Number 11 of 2012 on Juvenile Justice System enforced. In these rules there is a relatively new thing, the rules regarding Diversion. Diversion procedure resembles mediation, conducted before the trial phase in the Court. If the diversion succeed,  the case will be terminated and did not proceed to trial. Diversion process aimed at realizing the restorative justice, where all the parties involved (victims, children, and the community) and jointly to solve the problems and create an obligation to make things better in seeking solutions to repair, reconciliation and reassurance, which not by retaliation1. To achieve the restorative justice on the Juvenile Justice System, it is necessary to succeed the diversion process, at the level of investigation, prosecution, and examination in the courts, for the child in conflict with the law. Therefore, the author will attempt to find the answer of the questions: What is diversion? Why diversion should be pursued? How to succeed the diversion process? So that at the end of this writing, we can find conclusion about the things that can support the success of the diversion process.
Tindak Pidana Cyberstalking Ditinjau dari Undang-Undang Nomor 1 Tahun 2024 tentang Informasi dan Transaksi Elektronik (ITE) Khusnul Latifah; Anita Zulfiani
Konstitusi : Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi Vol. 2 No. 3 (2025): Konstitusi : Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/konstitusi.v2i3.773

Abstract

The development of information and communication technology has changed the pattern of human interaction, which was initially done face-to-face, to digital. The positive impact of internet usage is to facilitate connection and access to information, but it can also result in negative impacts such as cybercrime. The purpose of this research is to determine the crime of cyberstalking reviewed from Law Number 1 of 2024 concerning the Second Amendment to Law Number 11 of 2008 concerning Information and Electronic Transactions (ITE). This research is normative legal research that is prescriptive and uses a statutory approach, case approach, and conceptual approach. The collection of legal materials uses literature study techniques or document studies using syllogistic analysis techniques and using deductive thinking patterns. From the research, it was found that cyberstalking can be in the form of stalking followed by sexual harassment, privacy interference and continuous threats. In addition, cyberstalking is regulated in Law Number 1 of 2024 concerning Information and Electronic Transactions. However, this law has not been clearly or specifically regulated regarding stalking in the digital realm. Therefore, we need strict regulations regarding cyberstalking crimes.
Penerapan Doktrin Identifikasi dalam Menentukan Pertanggungjawaban Pidana Korporasi Atas Tindak Pidana Korupsi Ilhan Nurdipa; Anita Zulfiani
Referendum : Jurnal Hukum Perdata dan Pidana Vol. 2 No. 2 (2025): Juni : Referendum : Jurnal Hukum Perdata dan Pidana
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/referendum.v2i2.779

Abstract

This study aims to examine the extent to which the identification doctrine is applied in establishing corporate criminal liability for acts of corruption. The increasing number of corruption cases involving corporate entities poses a challenge for the criminal justice system in attributing legal fault to legal persons that lack independent intent or will. The objective of this research is to analyze how the identification doctrine is utilized to bridge this issue and to assess its effectiveness and fairness in judicial practice. This study employs a normative legal approach using qualitative methods through the analysis of statutory regulations, legal doctrines, and court decisions. The findings indicate that although the identification doctrine provides a logical foundation for prosecuting corporations through the actions of their directors or executives, its application still faces challenges in distinguishing between individual actions taken personally and those undertaken on behalf of the corporation. This ambiguity may result in legal uncertainty and injustice in the enforcement of criminal sanctions. Therefore, clear and firm criteria are necessary in determining corporate criminal liability to support a more just and accountable legal system.
Pemenuhan Asas Keadilan Dalam Penyelesaian Kasus Tindak Pidana Kecelakaan Lalu Lintas Melalui Restorative Justice di Kejaksaan Negeri Sragen: Studi Kasus Perkara Nomor: PDM-12/SRGN/EKU.2/03.2023 Charlissa Aulia Diva Febrianna; Anita Zulfiani
Terang : Jurnal Kajian Ilmu Sosial, Politik dan Hukum Vol. 1 No. 2 (2024): Juni : Terang : Jurnal Kajian Ilmu Sosial, Politik dan Hukum
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/terang.v1i2.236

Abstract

The criminal system in Indonesia is experiencing reform, which is marked by restorative justice. The principle of restorative justice is a principle of law enforcement in resolving cases which is used as an instrument for the recovery process from its original state. This is done to prevent problems from arising such as the number of prisoners in prison being full. Therefore, this legal research aims to analyze the fulfillment of the principles of justice in resolving traffic accident criminal cases through restorative justice at the Sragen District Prosecutor's Office and to analyze the obstacles faced by prosecutors in implementing restorative justice. This research uses a descriptive normative-empirical method with a legal approach and a traffic accident criminal case approach handled at the Sragen District Prosecutor's Office in case number: PDM-12/SRGN/EKU.2/03.2023. Based on this legal research, the author concludes that the resolution of traffic accident criminal cases through restorative justice at the Sragen District Prosecutor's Office has fulfilled the principles of justice as one of the legal objectives. However, in its implementation there are still obstacles experienced by the Prosecutor as a facilitator in this peace process.
Co-Authors Charlissa Aulia Diva Febrianna Ilhan Nurdipa Khusnul Latifah