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All Journal JURNAL MAGISTER HUKUM UDAYANA DE JURE Jurnal Cakrawala Hukum Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Jurnal Akta JURNAL HUKUM dan KENOTARIATAN Budapest International Research and Critics in Linguistics and Education Journal (Birle Journal) International Journal of Educational Review, Law And Social Sciences (IJERLAS) Journal of International Islamic Law, Human Right and Public Policy
Prija Djatmika
Doctor Of Law Study Program, Faculty Of Law, Universitas Brawijaya, Malang, Indonesia
Religion Arts Humanities Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences Other

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THE INDONESIAN SUPREME COURT REGULATION: ENABLING OFFENDERS AND VICTIMS TO FULFILL RESTORATIVE JUSTICE AGREEMENTS DURING PROBATION Alya Dean Putri; Prija Djatmika; Setiawan Nerdajasakti
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 3 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i3.2853

Abstract

This study investigates the application of conditional sentencing within the framework of restorative justice as outlined in Indonesian Supreme Court Regulation (PERMA) No. 1 of 2024. This regulation offers a mechanism that enables offenders to fulfill their obligations from restorative agreements during the probation period, promoting both offender accountability and victim restoration. The research analyzes the procedural aspects of restorative justice in criminal cases in Indonesia, particularly focusing on how it is implemented in courts. It highlights the benefits of integrating restorative justice with conditional sentencing, while also identifying challenges and gaps in the legal framework. Additionally, the study calls for further empirical research to evaluate the practical effectiveness of this approach and the legal consequences if offenders fail to fulfill their obligations during the probation period.
REFORMULATION OF GREEN VICTIMOLOGY ARRANGEMENTS IN THE LAW OF ENVIRONMENTAL PROTECTION AND MANAGEMENT THAT BETTER GUARANTEES LEGAL PROTECTION FOR THE ENVIRONMENT Ummu Salamah; Prija Djatmika; I Nyoman Nurjaya
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 4 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i4.3763

Abstract

This research is motivated by Law Number 32 of 2009 on Environmental Protection and Management, which, in fact, remains limited accommodating the concept of green victimology in the regulation and handling of environmental crimes. Given the prevalence of environmental crimes whose perpetrators are not punished proportionately to the human and non-human losses caused, it is important to question the legal implications of applying the concept of green victimology to the legal protection of environmental victims in the Environmental Protection and Management Law and the regulation of green victimology in the Environmental Protection and Management Law that Better Ensures Legal Protection for the Environment. The type of research used by the author is normative legal research with an explanatory nature. Legal materials for analysis were obtained from primary legal sources in the form of criminal and environmental laws, as well as secondary legal materials from literature on environmental crime and green victimology. The research was conducted through literature review, using a legal and comparative approach, and analyzed qualitatively. The legal implications of applying green victimology in the Environmental Protection and Management Law (UUPPLH) encourage reforms in the definition of victims, the right to sue, recovery mechanisms, as well as sanctions and law enforcement that are more comprehensive and ecological justice. the regulation of Green victimology in the UUPPLH to ensure legal protection for the environment can begin with the reconstruction/reformulation of the UUPPLH by expanding the definition of victims to include the environment as a victim with the right to protection and selected as a subject of environmental law enforcement, up to expanding the definition of victims by including the environment as a victim with the right to protection and selected as a subject of environmental law enforcement.
THE AUTHORITY OF JUDGES IN GOVERNING THE EXCLUSIONARY RULE IN INDONESIA’S CRIMINAL JUSTICE SYSTEM Matius Evan Anggara; Prija Djatmika; Yuliati
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 5 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i5.4010

Abstract

The doctrine of criminal evidence, encapsulated in the maxim in criminalibus probationes debent esse luce clariores, establishes that the evidence presented in criminal proceedings should be as transparent as light. This requirement entails that evidence—both in its formal dimension and in its material substance—must be subject to rigorous testing concerning the legality and authenticity of its acquisition. Nevertheless, the evidentiary process frequently encounters problems in both formal and material respects. Judicial scrutiny of evidentiary quality and admissibility includes, among others, examining whether documentary evidence was obtained through unlawful means or produced under circumstances that undermine its validity. Employing a normative juridical research method, this study investigates the judicial application of the Exclusionary Rules of Evidence in Indonesia’s criminal justice system through statutory and conceptual approaches.
THE HARMONIZING INSTITUTIONAL AUTHORITY TO DETERMINE STATE FINANCIAL LOSSES IN CORRUPTION CASES Dian Devananda Akbar; Prija Djatmika; Nurini Aprilianda
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 6 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v6i1.4684

Abstract

The disharmony in authority among various institutions including the Supreme Audit Agency (BPK), the Government Internal Supervisory Apparatus (BPKP), the Corruption Eradication Commission (KPK), Inspectorates, Regional Apparatus Work Units (SKPD), Public Accountants, and Judges in calculating state financial losses in corruption crime cases has led to legal uncertainty and debates over which institution holds the legitimate authority to determine such losses. Through juridical, philosophical, and sociological analysis, this study finds that the source of disharmony lies in the ambiguous norms of the Corruption Crime Law, which does not explicitly designate a single institution authorized to determine state losses. Based on its constitutional position, this research asserts the urgency of establishing BPK as the sole institution authorized to calculate state losses, accompanied by vertical harmonization of the roles of other institutions, strengthening of BPK's institutional capacity, standardization of audit methodologies, and a reaffirmation of corruption as a serious crime requiring evidentiary certainty. This study concludes that harmonizing authorities is an urgent step to strengthen the effectiveness and integrity of corruption law enforcement while enhancing public trust in Indonesia's anti-corruption mechanisms.
REFORMULATION OF THE CONCEPT OF JUDICIAL ACTIVISM THROUGH LEGAL DISCOVERIES AND BREAKTHROUGHS AFTER THE NATIONAL CRIMINAL CODE AS AN EFFORT TO BALANCE THE PRINCIPLE OF LEGAL CERTAINTY AND SUBSTANTIVE JUSTICE Entang Nuryanto; Prija Djatmika; Abdul Madjid
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 6 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i6.4942

Abstract

Certainty law as fundamental principles of the Indonesian state of law are often face tension with demands justice substantive in practice justice criminal law , especially in the middle dynamics social and developmental type crimes that are not fully accommodated by law positive . Condition the push emergence practice judicial activism as response on limitations of written norms , in particular through invention law ( rechtsvinding ) and breakthrough legal breakthrough . Although​ get legitimacy juridical through Constitution Power National Judiciary and Criminal Code, practice judicial activism Not yet accompanied by clear settings​ about its limitations and parameters , so that potential cause uncertainty law , inconsistency decision , and exceedance authority judicial . This article aim For analyze typology form judicial activism carried out by judges in practice justice Indonesian criminal law and formulate a reformulation model draft ideal judicial activism to balance principle certainty law and justice substantive in implementation of the National Criminal Code. Research This use method juridical normative with approach legislation and approaches conceptual , through analysis to regulation legislation , jurisprudence , and doctrine law . Research results show that judicial activism in practice justice criminal present in three typology main , namely through method interpretation law , construction law , and breakthroughs law that goes beyond normative limits . This article propose a reformulation model judicial activism based seven fundamental parameters that are hierarchical and cumulative . This model expected capable give corridor clear normative​ for judges to engage in judicial activism still measurable , accountable , and non- shift become arbitrariness judicial , at the same time ensure realization balance between certainty law and justice substantive in system justice Indonesian criminal law .
Juvenile Criminal Responsibility in Muslim-Majority States: Between Sharia, State Law, and Restorative Justice Julisa Aprilia Kaluku; Nurini Aprilianda; Prija Djatmika; Alfons Zakaria; Fatiha Gourari
De Jure: Jurnal Hukum dan Syari'ah Vol 18, No 1 (2026)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v18i1.32848

Abstract

Juvenile justice in Muslim-majority jurisdictions reveals a persistent normative tension between Sharia-based conceptions of criminal responsibility, state-centred legal regulation, and international child protection standards. This article comparatively examines juvenile criminal sanction policies in Saudi Arabia, Egypt, Pakistan, and Indonesia, with primary attention to the construction of criminal responsibility, models of sanctioning, institutional responses, and the place of community-based restorative mechanisms. Using a comparative approach, the study analyses how these jurisdictions negotiate the relationship between Islamic legal principles, national legislation, and culturally embedded local wisdom in responding to children in conflict with the law. The findings identify three general patterns: a predominantly punitive Sharia-oriented framework, a statutory-rehabilitative framework, and a hybrid framework combining legal reform with suboptimal local implementation. Among the four jurisdictions, Indonesia occupies a distinctive position because it institutionalises diversion and restorative justice while also allowing for socially grounded forms of reconciliation. With reference to this comparative synthesis, the article advances Dumot Justice as its principal conceptual contribution—a restorative-pluralist framework that integrates child protection, victim restoration, social accountability, and communal balance within a rights-sensitive juvenile justice design. The study concludes that sustainable juvenile justice reform in Muslim jurisdictions requires a jurisprudential model that integrates Sharia, national law, child protection, and culturally embedded restorative practices. Keywords: restorative justice; Islamic law; comparative legal analysis; child right protection.
Interpretation of BUMN Losses as State Financial Losses in Corruption Crimes from the Perspective of Legal Certainty Danang Yudanto; Prija Djatmika; Abdul Madjid
JURNAL AKTA Vol 13, No 2 (2026): June 2026
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v13i2.52437

Abstract

This study aims to analyze the interpretative construction of losses in State-Owned Enterprises (BUMN) as state financial losses in corruption cases and to formulate an interpretation model that ensures legal certainty. This research employs a normative juridical method using statutory, conceptual, and case approaches, particularly focusing on court decisions involving BUMN. The findings indicate that the main issue does not lie in conflicting norms, but rather in the inconsistency of interpretative methods applied by law enforcement authorities. In many cases, law enforcement tends to adopt a result-based approach, emphasizing financial loss outcomes without adequately considering the underlying business decision-making process and the application of the business judgment rule. This approach often leads to the misclassification of legitimate business risks as criminal acts, thereby creating legal uncertainty and discouraging strategic decision-making within BUMN. Furthermore, such inconsistencies may undermine corporate governance and reduce confidence among BUMN directors in making business decisions. Therefore, this study provides practical contributions by offering clear guidelines for law enforcement in distinguishing between business risks and corrupt actions. It also serves as a reference for policymakers in harmonizing legal frameworks related to BUMN governance and anti-corruption regulations. The novelty of this research lies in proposing a structured interpretation model that integrates normative, contextual, and causality-based approaches to define clear boundaries between BUMN losses and state financial losses.
ANALYSIS OF JUDGES' RATIO DECIDENDI IN ONLINE GAMBLING CRIMINAL DECISIONS USING CRIMINAL CODE PROVISIONS Maria Christina; Prija Djatmika; Abdul Madjid
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 3 (2026): September
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Advances in information technology have driven the transformation of conventional gambling into gambling conducted through electronic systems. This situation has raised legal issues regarding the application of criminal law to online gamblers, particularly concerning the use of the Criminal Code (KUHP) or the Electronic Information and Transactions Law (UU ITE). The purpose of this study is to analyze the judges' ratio decision in criminal judgments involving online gambling that apply provisions of the Criminal Code (KUHP). The research method used is legal research with a statutory regulatory approach and a case approach. Based on the research conducted, it is evident that there are differences in the judges' reasoning regarding the classification of online gambling. In verdict number. 32/Pid.Sus/2025/PN Lmj, the Panel of Judges applied Article 27(2) in conjunction with Article 45(3) of the ITE Law, primarily on the grounds that the use of electronic systems and access to gambling websites fulfilled the element of making electronic information containing gambling content accessible, thereby rendering the ITE Law applicable as lex specialis. Conversely, in verdict number 41/Pid.B/2025/PN Pdp, the Panel of Judges applied Article 303 bis of the Criminal Code because the defendant acted solely as an online gambler and was not proven to have distributed, transmitted, or made electronic information containing gambling content accessible to others. This discrepancy highlights differing interpretations of the elements within the ITE Law, which impact legal applications. Therefore, consistency in legal interpretation and application
Co-Authors Abdul Madjid Ahmad Fauzi Alfon Alfon Alfons Zakaria Alya Dean Putri Andi Pambudi Utomo Bambang Sugiri Billy Adhi Pramarta Danang Yudanto Dhia Fadlia Dian Devananda Akbar Endang Sri Kawuryan Entang Nuryanto Fatiha Gourari I Nyoman Nurjaya Imera Azzahra Alivia Johanes Bornok Butar Butar Julisa Aprilia Kaluku Maria Christina Matius Evan Anggara Milda Istiqomah Neneng Septika Dagis Nurini Aprilianda Rachmad Safa'at Rizky Kurnia Setiawan Nerdajasakti Suhariningsih Suhariningsih Ummi Khasanah Sitorus Pane Ummu Salamah Yuliati Yuliati Yuliati Yuliati