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Desecrating the Sacred: A Study of Criminal Liability for Graveyard Vandalism in Yogyakarta Fuadi Isnawan
Lambung Mangkurat Law Journal Vol. 10 No. 2 (2025): September
Publisher : Program magister Kenotariatan Fakultas Hukum Universitas Lambung Mangkurat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32801/abc.v10i2.228

Abstract

Public cemeteries (TPU) serve not only as burial sites for the deceased, but also as symbols of final respect for those who have passed away. The state, through legislation, provides legal protection for the deceased and their graves, prohibiting any actions that insult or damage their dignity. However, the case of grave desecration that occurred in Yogyakarta in May 2025, involving a teenager with the initials ANF (16), caused social unrest and sparked academic discussion regarding criminal liability for such actions. This study uses a normative method to analyze the legal aspects of the criminal act of grave desecration based on Article 179 of the Criminal Code. The results of the study indicate that the perpetrator's actions fulfilled the elements of the offense, namely intentional acts without authority that caused physical damage to the grave as a legal object with high symbolic and spiritual value. Although the perpetrator is still a minor, he can still be held criminally liable under the juvenile criminal justice system, with the application of restorative justice principles. Additionally, the role of the Indonesian National Police in preventing and addressing this criminal act is crucial, encompassing preventive, repressive, and coordinative efforts to maintain social stability and respect the legal and cultural values of society. This study emphasizes the importance of legal protection for graves and remains as a manifestation of respect and dignity for humanity that must be upheld collectively.
Protection of the Dignity of the Corpse: A Study on the Criminalization of Necrophilia Reviewed from the Maqashid Syariah Fuadi Isnawan
KRTHA BHAYANGKARA Vol. 18 No. 3 (2024): KRTHA BHAYANGKARA: DECEMBER 2024
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v18i3.2682

Abstract

Necrophilia in Indonesia has not been specifically regulated in the law. This causes a legal vacuum to punish the perpetrators of necrophilia in Indonesia. this research focuses on examining maqashid sharia in the criminalization of necrophilia in Indonesia. The research method used is normative research method. the results show that in Islamic teachings, necrophilia is considered a serious violation of the honor of the corpse which is highly respected, equivalent to respect for the living. This act not only violates the honor of the corpse but also the principle of keeping private parts and sight, which is emphasized in Islam. Criminalizing necrophilia protects individuals from heinous crimes and preserves the moral and ethical values of society in accordance with maqasid al-shariah, which aims to protect human honor and posterity. In the Qur'an, Allah SWT strictly prohibits zina, including all forms of sexual relations outside the bonds of legal marriage, as in Surah Al-Isra' verse 32. Necrophilia, as a sexual perversion, is a grave violation of Islamic teachings that emphasize respect for the human body. This prohibition emphasizes the importance of private parts and morality in the context of marriage and Islamic moral values. Necrophilia tarnishes human dignity, disrupts social order, and violates sharia law and Islamic ethics. Maqāṣid al-syarī'ah includes five main principles: the preservation of religion, soul, mind, offspring, and property, all of which emphasize the importance of prohibiting and punishing practices that insult human dignity such as necrophilia. Criminalizing necrophilia is an important effort to preserve religious integrity, morality, and social justice, as well as protect human dignity and the stability of society.
Social Bonding and Youth Violence Prevention: A Criminological Examination of “Jogja Gelut Day” in Yogyakarta Fuadi Isnawan
KRTHA BHAYANGKARA Vol. 20 No. 1 (2026): KRTHA BHAYANGKARA: APRIL 2026
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v20i1.3790

Abstract

The emergence of street violence (klitih) in Yogyakarta illustrates the failure of traditional social control by parents and schools, causing teenagers to seek validation through deviant activities. The purpose of this study is to analyze the effectiveness of Jogja Gelut day as a non-penal means of preventing such street crime. The research method used is empirical research with a sociological approach to answer the research questions. This study provides an overview of criminological prevention to transform destructive adolescent behavior into prosocial activities that channel their energy. The results of this study show that JGD can reconstruct elements of social control by transforming street violence into a disciplined and structured sport. Through the training center before participating in JGD, coaches can provide facilities for the transition from involvement in filling free time to attachment to this positive figure. This process will foster an element of commitment to achievement and internalization of belief in legal norms. Therefore, the conclusion is that JGD is effective as a form of prevention based on social control in the community. The recommendation that can be given is for other local governments to create similar platforms that are tailored to the characteristics of the region so that many teenagers channel their energy into positive platforms and avoid criminal acts that will clearly harm themselves.
Co-Authors Alif Lukmanul Hakim Ayu Atika Dewi Bambang Sutiyoso Dian Kus Pratiwi Siti Latifah Mubasiroh