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All Journal SALAM: Jurnal Sosial dan Budaya Syar-i Tadulako Law Review Jurnal IUS (Kajian Hukum dan Keadilan) PETITA: Jurnal Kajian Ilmu Hukum dan Syariah (PJKIHdS) Jurnal Ilmiah Hukum DE'JURE: Kajian Ilmiah Hukum Indonesian Journal of International Law Jurnal Ilmu Hukum, Humaniora dan Politik (JIHHP) Indonesia Law Review (ILREV) Journal of Law, Poliitic and Humanities Riau Law Journal The Asia-Pacific Journal of Elections and Democracy Jurnal Hukum & Pembangunan
Nathalina Naibaho
Faculty Of Law, Universitas Indonesia, Depok, 16424, Indonesia
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Effects of Legislation Overlapping Regarding Transnational Crime Prasetio, Imam; Naibaho, Nathalina; Yudhy, Dhianti Afifah Nabila
Jurnal IUS Kajian Hukum dan Keadilan Vol. 11 No. 1: April 2023 : Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v11i1.1145

Abstract

Globalization has a dominant role in the trade of goods/services, people, technologies, and information. The globalization targets are cultural, economic, and political globalization. Unintentionally, problems arise in society, such as transnational rights issues (transnational crime) caused by globalization. The most common transnational crime is sexual exploitation, which occurs in both men and women. Therefore, regarding the handling of TIP in Indonesia, complementary and correlated regulations or legislation are needed to eradicate TIP. Considering that currently, there are regulations that overlap with each other. As happened in the criminal act of trafficking in persons and the law on the protection of Indonesian migrant workers, the two laws should synergize to prevent, handle, and eradicate TIP. Thus, law enforcers can also be maximal in carrying out their duties, especially in taking action against TIP perpetrators.
Perampasan Aset dalam Upaya Pemulihan Aset Hasil Tindak Pidana Korupsi di Indonesia Dhiavella Asy’ari, Khairunnisa; Naibaho, Nathalina
Jurnal Ilmu Hukum, Humaniora dan Politik Vol. 4 No. 5 (2024): (JIHHP) Jurnal Ilmu Hukum, Humaniora dan Politik (Juli - Agustus 2024)
Publisher : Dinasti Review Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jihhp.v4i5.2792

Abstract

Corruption is a criminal offense that causes disproportionate losses to state finances or the economy of a country and inhibits the growth and continuity of national development. According to the Indonesian Corruption Watch (ICW), the total loss of Indonesian state finances due to corruption in 2023 is 28.4 trillion rupiah. This paper discusses the asset forfeiture policy as a form of law enforcement that can be carried out in an effort to recover assets against corruption crimes through civil law mechanisms, which are also carried out in conjunction with criminal enforcement, to maximize the return of state losses due to corruption crimes.
Victim Protection and The Dynamic Situation of Human Trafficking: Indonesia Experience Naibaho, Nathalina
Indonesian Journal of International Law Vol. 20, No. 4
Publisher : UI Scholars Hub

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

Abstract

Human trafficking is a global issue. It can arise in the context of national and/or transnational acts and are regulated by national and transnational criminal law mechanisms. However, in trafficking in person cases there are links between human trafficking and other related crimes such as drugs trafficking. Meanwhile, Indonesia has enacted laws which provide mandatory protection for victims of human trafficking. It also has mandatory drug laws which, in some cases, subject to the death penalty. This legislative conflict together with investigative and prosecutorial failure risks the conviction of human trafficked victims who are used as drug dealers in organized crime activities. The drugs offenders will sentence under the criminal law if the act of the offender fit with the element of crime under narcotic law. This paper will examine the intersections between victimology and Indonesian laws which the recent cases before Indonesian courts have demonstrated that enacted laws are not being applied properly which allows for the protection of trafficked victims forced into the drug trafficking. Dynamic situation that has been the highlight is a principle which is contained within Indonesian legislation, and which reflects the emerging norm of non-prosecution of victims in international legal discourse. This article suggests a new approach to statutory interpretation with the need for effective mechanisms that, if adopted, will enable Indonesia to lead a new approach to victim protection.
Perampasan Aset dalam Upaya Pemulihan Aset Hasil Tindak Pidana Korupsi di Indonesia Khairunnisa Dhiavella Asy’ari; Nathalina Naibaho
Jurnal Ilmu Hukum, Humaniora dan Politik Vol. 4 No. 5 (2024): (JIHHP) Jurnal Ilmu Hukum, Humaniora dan Politik (Juli - Agustus 2024)
Publisher : Dinasti Review Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jihhp.v4i5.2792

Abstract

Corruption is a criminal offense that causes disproportionate losses to state finances or the economy of a country and inhibits the growth and continuity of national development. According to the Indonesian Corruption Watch (ICW), the total loss of Indonesian state finances due to corruption in 2023 is 28.4 trillion rupiah. This paper discusses the asset forfeiture policy as a form of law enforcement that can be carried out in an effort to recover assets against corruption crimes through civil law mechanisms, which are also carried out in conjunction with criminal enforcement, to maximize the return of state losses due to corruption crimes.
The Noodtoestand Doctrine and the Limits of Physicians' Criminal Liability in Remote Emergency Medical Services Matthew Antonio Ariellmaury Rajagukguk; Nathalina Naibaho
Journal of Law, Politic and Humanities Vol. 6 No. 4 (2026): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v6i4.3387

Abstract

This article examines the limits of physicians' criminal liability when emergency medical services are provided in remote areas with limited facilities, personnel, referral access, and diagnostic support. It uses normative legal research with statutory, conceptual, and comparative approaches. The analysis connects Indonesian criminal law, health law, medical practice regulation, medical ethics, and recent literature on emergency care, patient safety, rural health services, and the necessity defense. The article argues that noodtoestand cannot operate as blanket immunity. It must be tested through imminent danger, absence of reasonable alternatives, proportionality, good faith, professional competence, and accountable documentation. The article proposes conditional legal protection through professional review before criminal prosecution. This model protects physicians who act reasonably under constrained emergency conditions while preserving patient rights and medical accountability.
Co-Authors Ahmad Ghozi Alma Qarnain Andri Gunawan Wibisana Anindita Yulidaningrum Purba AR, Suhariyono Dhiavella Asy’ari, Khairunnisa Endah Cahyani Harkristuti Harkrisnowo Harkristuti Harkrisnowo Khairunnisa Dhiavella Asy’ari Maria Tarigan Matthew Antonio Ariellmaury Rajagukguk Nadia Salsabila Hartin Patricia Rinwigati Prasetio, Imam S, Tunggal Suhariyono AR Yudhy, Dhianti Afifah Nabila