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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.
Analysis of the Classification of Crime of Sexual Intercourse with a Dead Body (Necrophilia) according to Anil Aggarwal in Indonesian Criminal Law Fuadi Isnawan
JURNAL USM LAW REVIEW Vol. 7 No. 3 (2024): DECEMBER
Publisher : Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/julr.v7i3.9582

Abstract

This research critically examines Indonesian criminal law in addressing necrophilia's various manifestations, emphasizing the protection of deceased dignity and human rights. Using normative legal analysis, the study reveals that Indonesian criminal law provides partial coverage for necrophilia cases. Role Player necrophilia is addressed by Articles 6b and 12 of the TPKS Law, focusing on victim dignity and perpetrator sanctions. Romantic necrophilia, involving exhumation or corpse concealment, may fall under Criminal Code Articles 180 and 181, aimed at protecting the sanctity of the deceased. Necrophiliac Fantasizers, though not explicitly penalized, raise concerns due to the potential transition from fantasy to criminal acts. Tactile necrophilia is punishable under Articles 6b and 6c of the TPKS Law when physical abuse of corpses occurs. Additionally, Fetishistic necrophiles and Necromutilomaniacs who exploit corpses are subject to Criminal Code Articles 180 and 181. The findings indicate a need for legal reform, as current laws fail to comprehensively cover all necrophilia types, especially Romantic necrophilia and Necrophiliac Fantasizers. Furthermore, Homicidal and Exclusive necrophiles, committing extreme offenses, fall under Articles 338, 339, and 340, along with Article 6b and 180, addressing severe harm, murder, and corpse exploitation. This study’s novelty lies in categorizing necrophilia types within Indonesian law, highlighting gaps in legal protections. It recommends targeted legal amendments to ensure all forms of necrophilia are adequately recognized and prosecuted, thereby strengthening ethical and societal standards.
Community-Based Restorative Justice for Offenders With Mental Disorders in Indonesia Fuadi Isnawan
JURNAL USM LAW REVIEW Vol. 8 No. 3 (2025): DECEMBER
Publisher : Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/julr.v8i3.12636

Abstract

This study analyzes the implementation of restorative justice in handling theft committed by individuals with mental disorders in rural Indonesia, focusing on its compatibility with human rights and social rehabilitation principles. The research was motivated by the recurring challenge of criminalizing mentally disordered offenders without adequate medical and social considerations, leading to ineffective deterrence and recurring offenses. Using a normative juridical method with a qualitative descriptive approach, the study examines statutory provisions, legal doctrines, and empirical practices involving the prosecution and correctional systems. The findings reveal that restorative justice offers an alternative framework that emphasizes accountability, rehabilitation, and social reintegration rather than punitive measures. However, its application remains inconsistent due to limited institutional understanding, a lack of coordination between law enforcement and mental health institutions, and inadequate legal infrastructure in rural areas. The novelty of this research lies in its integration of restorative justice with mental health protection as a model for humanizing criminal law enforcement. The study concludes that the restorative justice approach can effectively bridge the gap between criminal responsibility and medical treatment, thereby promoting a more humane, inclusive, and community-based justice system in Indonesia.
Analysis of the Justification for the Criminalization of Bestiality Based on Pancasila and the Morality of the Indonesian Nation Fuadi Isnawan
Jurnal Ius Constituendum Vol. 10 No. 1 (2025): FEBRUARY
Publisher : Magister Hukum Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/jic.v10i1.10710

Abstract

This research explores the justification for criminalizing bestiality in Indonesia, emphasizing the moral and ethical values embedded in Pancasila. Triggered by the infamous case of an orangutan named Pony, subjected to sexual exploitation, the study highlights significant gaps in the Indonesian legal system. While Article 302 of the Criminal Code addresses physical abuse, it fails to explicitly criminalize bestiality, leaving such acts unregulated. Using a normative juridical method, the research integrates Pancasila’s principles of humanity, justice, and animal welfare as the moral foundation for legal reform. Pancasila promotes respect for all living beings, viewing bestiality as a violation of its core principles. The findings reveal significant enforcement challenges, including the private nature of the crime, the lack of witnesses, and the inability of animal victims to provide testimony. Forensic evidence, such as histopathology and DNA analysis, is critical but often hindered by limited training among law enforcement and veterinarians. Additionally, societal taboos and inadequate legal education exacerbate public unawareness of bestiality as a criminal offense. This study advocates for comprehensive public legal education, specialized training for law enforcement on forensic techniques and evidence management, and collaboration with veterinary experts to ensure effective enforcement. These measures aim to uphold animal welfare and align legal policies with Indonesian societal and ethical values
Quid Pro Quo Sexual Harassment Involving an Employee Through Staycation Modus Fuadi Isnawan
Jurnal Ius Constituendum Vol. 10 No. 3 (2025): OCTOBER
Publisher : Magister Hukum Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/jic.v10i3.12473

Abstract

Sexual harassment in the workplace remains a persistent problem that undermines human dignity and often arises from power imbalances or gender inequality. Such acts not only degrade and humiliate victims but also negatively affect their physical, psychological, and social well-being. In Indonesia, the Criminal Code (KUHP) provides only limited recognition of sexual violence, leaving many forms of harassment insufficiently regulated. This study aims to analyze criminal law policies in addressing workplace sexual harassment, with particular attention to the scope of criminalization and the effectiveness of legal enforcement. Using a normative legal research method combined with a case study approach, the study examines the legal framework, its application in practice, and its alignment with the public interest. The findings indicate that current criminal law provisions inadequately capture the diversity of sexual harassment forms and that law enforcement tends to be reactive rather than preventive. The study contributes by highlighting the urgency of reforming Indonesia’s criminal law policy to ensure comprehensive protection for victims, accountability for perpetrators, and the integration of preventive measures alongside repressive sanctions. In conclusion, the criminalization of workplace sexual harassment must extend beyond narrow definitions and be grounded in public interest, legal certainty, and victim protection, offering a more holistic approach to justice in the workplace.
Co-Authors Alif Lukmanul Hakim Ayu Atika Dewi Bambang Sutiyoso Dian Kus Pratiwi Siti Latifah Mubasiroh