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All Journal Lentera Hukum Wacana, Jurnal Sosial dan Humaniora Arena Hukum Jurnal Media Hukum Jurnal Hukum IUS QUIA IUSTUM INDONESIAN JOURNAL OF CRIMINAL LAW STUDIES Jurnal Penelitian Hukum De Jure SOEPRA Jurnal Hukum Kesehatan Jurnal Ius Constituendum Pena Justisia: Media Komunikasi dan Kajian Hukum Jurnal Suara Hukum Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences International Journal of Business, Law, and Education International Journal of Educational Review, Law And Social Sciences (IJERLAS) Audito Comparative Law Journal (ACLJ) International Journal of Humanities Education and Social Sciences Jurnal Hukum dan Peradilan Indonesia Law Reform Journal (ILREJ) Jurnal Dinamika Hukum
Milda Istiqomah
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Religion Arts Humanities Economics, Econometrics & Finance Education Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Neuroscience Social Sciences Other

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Kebijakan Formulasi Pengaturan “Illicit Enrichment” Sebagai Upaya Pemberantasan Tindak Pidana Korupsi Istiqomah, Milda
Jurnal Media Hukum Vol 23, No 1 (2016): June
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.2015.0069.76-86

Abstract

In its progress, the criminal sanctions given to the convicted offenders of corruption are not effective. Therefore, in order to prevent corruption, the strategy needs a certain mechanism to criminalize the alleged offenders of corruption. The proper strategy is to provide a deterrent effect aims to impoverish corruptor. This study attempts to examine the regulations of corruption and offers alternative setting formulations of illicit enrichment as an effort to prevent the corruption. This research applies normative judicial method with statute approach and comparative approach. This study concludes that Indonesia doesn’t have regulations related to illicit enrichment; therefore the author offers an alternative on regulation of illicit enrichment as effort to eradicate corruption in Indonesia.
The Use of Article 378 of the Criminal Code against Violations of Article 43 Paragraph 2 of the Flats Law on Legal Certainty of Land Ownership Status Dzulkarnain Alghafuru Syahputra; Bambang Sugiri; Milda Istiqomah
Budapest International Research and Critics Institute (BIRCI-Journal): Humanities and Social Sciences Vol 4, No 3 (2021): Budapest International Research and Critics Institute August
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v4i3.2110

Abstract

The developer of the apartment is allowed to sell the apartment unit that has not been completed after fulfilling the requirements and obligations as regulated in Article 43 paragraph (2) of the Flats Law. This study aims to analyze and find the accuracy of using Article 378 of the Criminal Code to adjudicate violations of Article 43 paragraph (2) of the Flats Law related to the certainty of land ownership status as the basis for making PPJB and criminal responsibility for notaries against the occurrence of criminal acts in the deed he made related to with the principle of prudence of a notary in carrying out his office. The research method used in this study is normative juridical law research, the approach method used is the statutory regulation approach and the conceptual approach as well as the case approach. From the results of the research and discussion, it can be concluded first: the use of Article 378 of the Criminal Code which is applied to violations of Article 43 paragraph (2) of the Flats Law is inappropriate. The appropriate article for the violation is Article 110 of the Flats Law. Second: For criminal acts that are contained in a notary deed, it can cause the notary to be held criminally responsible for participating in helping the occurrence of a crime.
TNI Strategy in Countering Terrorism: Study of Involvement of Former Terrorist Convicts with TNI in Deradicalization Activities in the TMMD Program Sidik Wiyono; Alfi Haris Wanto; Milda Istiqomah
Budapest International Research and Critics Institute-Journal (BIRCI-Journal) Vol 5, No 2 (2022): Budapest International Research and Critics Institute May
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v5i2.4912

Abstract

Collaboration between actors is needed for deradicalization programs, not only institutional actors (institutions) but actors outside of institutions need to be involved for the deradicalization process as a form of national resilience.  This paper discusses the involvement of former terrorist convicts (Napiter) who are the members of the Yayasan Lingkar Perdamaian (YLP) and the TNI (Indonesian Armed Forces) during the effort of deradicalization through the TNI Manunggal Membangun Desa (TMMD) program. This research was conducted with the object of former terrorist convicts by conducting interviews, documentation studies and observations. The analysis of this research with a collaborative governance theory approach with qualitative research methods. From this study it was found that the synergy between TNI and ex-terrorist convicts must be integrated for deradicalization process through the TMMD implementation program so that the national resilience will be realized.
The Role Of The New Criminal Code As An Effort To Eradicate Criminal Acts Of Terrorism In Indonesia Milda Istiqomah; Rika Kurniaty; Rizky Kurnia
International Journal Of Humanities Education and Social Sciences (IJHESS) Vol 3 No 5 (2024): IJHESS APRIL 2024
Publisher : CV. AFDIFAL MAJU BERKAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55227/ijhess.v3i5.990

Abstract

Terrorism is a serious threat faced by countries and nations, including Indonesia. Terrorism is considered a crime against humanity, an international crime that endangers world security and peace, and harms the welfare of society. One of the efforts to overcome the threat of terrorism is through the implementation of the new Criminal Code (KUHP) which was formalized through Law Number 1 Year 2023. This new Criminal Code replaces the old Criminal Code that has been in effect since the Dutch East Indies colonial period. This study aims to analyze the role of the new Criminal Code in efforts to eradicate criminal acts of terrorism in Indonesia. The research method used is legal research with a normative juridical approach, with data collection techniques through literature studies. Data analysis is conducted qualitatively, involving the stages of data reduction, data presentation, and conclusion drawing. The result shows that the new Criminal Code has an important role in the effort to eradicate terrorism in Indonesia. The replacement of the old Criminal Code with the new one includes a more comprehensive regulation of the crime of terrorism and in accordance with the demands of modern times, such as providing clearer and more complete definitions, more severe criminal penalties, and firmer and clearer provisions on the prevention of criminal acts. Therefore, the New Criminal Code can be an effective instrument in the effort to eradicate terrorism in Indonesia
How Ex-Terrorists Should be Accepted in the Community? A CSR Point of View Pratama, I Gusti Ananta; Madjid, Abdul; Aprilianda, Nurini; Istiqomah, Milda
Indonesia Law Reform Journal Vol. 4 No. 2 (2024): July, 2024
Publisher : Universitas Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ilrej.v4i2.33206

Abstract

This research discusses how former terrorism convicts or prisoners can be accepted in society using the company's CSR funding assistance approach. The author finds a vacuum in the legal norms because the Terrorism Law only regulates efforts to prevent and suppress terrorism. Through an empirical research model by inviting sources for interviews, it is hoped that this research can provide an overview of the revision of the Terrorism Law and the social reintegration model for former convicts. This research indicates that it is necessary to amend the Terrorism Law and reconceive BNPT as an institution to prevent acts of terror in Indonesia. Abstrak Penelitian ini membahas tentang bagaimana mantan narapidana terorisme atau napiter bisa diterima di tengah masyarakat dengan pendekatan bantuan dana CSR perusahaan. Penulis menemukan bahwa terdapat kekosongan norma hukum yang mengaturnya, sebab UU Terorisme hanya mengatur upaya pencegahan dan penindakan terorisme saja. Melalui model penelitian empiris dengan manghadirkan narasumber untuk di wawancara, penelitian ini diharapkan bisa memberikan gambaran untuk revisi UU Terorisme dan model reintegrasi sosial mantan napiter. Hasil dari penelitian ini menunjukkan bahwa perlu dilakukan amaendemen UU Terorisme dan rekonsepsi BNPT sebagai lembaga pencegahan aksi teror di Indonesia. Keywords: Terorisme; BNPT; Integrasi Sosial; CSR Perusahaan
The Tension Between Combating Terrorism and Protecting the Right to a Fair Trial in Indonesia Istiqomah, Milda; Alimardani, Armin
Lentera Hukum Vol 10 No 1 (2023): Human Rights in Indonesia and Beyond
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v10i1.37197

Abstract

A consistent criticism of the Indonesian criminal justice system indicates its dysfunctional judicial system plagued by systemic corruption and government interference. Given the high profiles of terrorism offences and their strict punishment, it is essential to maintain consistency in sentencing decisions for these crimes. However, there is a significant lack of evidence-based studies of sentencing in Indonesian courts, and none specifically related to terrorism offences. The aim of this study is to analyse the application of the right to a fair trial in sentencing terrorism offences in Indonesia through the interpretive lens of Southern criminology. This study takes a multi-dimensional approach of historical, legal, and empirical analyses to provide an in-depth understanding of factors that affect sentencing decisions in terrorism cases. First, the historical analysis explains that prosecutions for terrorism today include radical Islamists, minority extremists and separatist groups willing to resort to violence against the state and society to achieve their goals. Second, the legal analysis highlights how the existing sentencing regimes provide limited guidance for judges when determining the appropriate punishment for terrorist offenders, frequently leading to prison sentences exceeding 10 years. Third, qualitative analysis further explains that judges use their discretion to avoid the minimum mandatory sentence in specific circumstances, such as in the case of juvenile offenders. A Southern criminology approach helps explain terrorism sentencing in the broader historical, legal, and socio-political contexts. Ultimately, the way laws are written and how judges determine the sentences of terrorism offences result from the persistent impact of colonialism, authoritarianism, and the 'war on terror' discourse. The case study reveals violations of international human rights rules and standards. Terrorism sentencing practices also exemplify a troubling trend where national security trumps the fundamental procedural rights of terrorist offenders.Keywords: Sentencing Decisions, Southern Criminology, Terrorism.
The Ex-Terrorist Social Reintegration Based on Community Participation Through a Corporate Social Responsibility Program Pratama, I Gusti Agung Ananta; Madjid, Abdul; Aprilianda, Nurini; Istiqomah, Milda
Audito Comparative Law Journal (ACLJ) Vol. 5 No. 3 (2024): September
Publisher : Universitas Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/aclj.v5i3.33258

Abstract

This study examines how former terrorism convicts or prisoners can be integrated into society using the company's CSR funding help strategy. The author discovers a gap in regulatory standards because the Terrorism Law solely governs measures to prevent and suppress terrorism. This research aims to provide an overview of the reform of the Terrorism Law and the social reintegration model for former convicts using an empirical research model that involves interviewing sources. The findings of this study suggest that the Terrorism Law should be amended and the BNPT reimagined as an entity dedicated to preventing terrorist attacks in Indonesia.
Degradation of the Stigma of Prison as a Criminal School Through Supervised Sentence as an Alternative to Imprisonment Rohmat, Rohmat; Istiqomah, Milda; Aprilianda, Nurini
IJCLS (Indonesian Journal of Criminal Law Studies) Vol 9, No 2 (2024): Indonesia J. Crim. L. Studies (November, 2024)
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v9i2.50315

Abstract

With the development of penal theory, the retributive approach to punishment is increasingly seen as misaligned with the needs of society. As a result, there is a recognized need for legal provisions that reflect societal values and emphasize punishment goals that strengthen the community. Prison sentences often lead to issues such as overcrowded facilities and a failure to meet punishment goals. Additionally, many convicts tend to become recidivists after completing their sentences in correctional institutions, reinforcing the stigma of prisons as "criminal schools." The issues to be examined include: a) how are conditional sentences regulated in Law Number 1 of 1946?; and b) how is the policy of supervision sentences as an alternative to imprisonment in degrading the stigma of prison as a criminal school? The research was conducted using a normative method, with a legislative approach. The legal materials used include both primary and secondary legal materials, which were analyzed using deductive analysis techniques. Under the old Penal Code, conditional sentences did not involve immediate imprisonment; instead, the convicted person was given the opportunity to prove their ability to live as a good citizen during a specified probation period. In contrast, the National Penal Code introduces alternatives to prison sentences, such as supervision sentences. These supervision sentences in the National Penal Code serve as an extension of conditional sentences, placing greater emphasis on more intensive and structured supervision. The placement of convicts outside correctional institutions is considered the primary penal system, with the imposition of supervised sentences based on general and specific requirements. In future implementation, an ideal model for the execution of this supervisory sentence is required.
Legal Reform Urgency: A Critical Analysis of Notary Officials Convicted More Than Once with Imprisonment Sentences Below Five Years Furqani, Alvie Naufal; Istiqomah, Milda; Sjafi’i, Imam Rahmat
International Journal of Business, Law, and Education Vol. 5 No. 1 (2024): International Journal of Business, Law, and Education
Publisher : IJBLE Scientific Publications Community Inc.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56442/ijble.v5i1.339

Abstract

A Notary in Indonesia is a public official appointed by the Minister of Law and Human Rights of the Republic of Indonesia. Its function is crucial in ensuring certainty, order, and legal protection in the realm of civil law. In carrying out their duties, a notary is obliged to maintain the integrity and dignity of their profession by avoiding violations stipulated in the Notary Office Law and Code of Ethics. Administrative sanctions can be imposed on a notary who violates the rules, such as written warnings, temporary suspension, honorable discharge, and dishonorable discharge. Finally, dishonorable discharge can be applied when a notary faces the threat of imprisonment for five years or more. However, if the threat of imprisonment is less than five years, the notary still has the opportunity to resume their profession after serving the sentence. The issue arises when the Notary Office Law does not provide clear provisions regarding the imposition of penalties if a notary faces a criminal threat of less than five years more than once. This situation creates a legal norm vacuum and ambiguity in the role of the Notary Supervisory Board in determining sanctions against notaries who commit such violations.
The Implementation of Restorative Justice to Mistreatment Crime In the North Gorontalo District Attorney's Widyaningsih, Aryana Sekar; Istiqomah, Milda; Sugiri, Bambang
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: 10.26623/11345

Abstract

The purpose of this research is to explain how the implementation and the obstacles to the implementation of Restorative Justice to mistreatment crime in North Gorontalo State Attorney. This research became interesting because the District Attorney's Office handled only 3-4 cases with the restorative justice mechanism caused by the social aspect. The urgency of this research is the potential of restorative justice to reduce the overcapacity of correctional institutions and reduce the rate of recidivism, which is a crucial problem in Indonesia. The research method used in this research is empirical juridical, where the author directly conducts interviews and observations. This research is unique because it deeply explores the perceptions of the parties involved in the implementation of restorative justice, an area that is still rarely researched. Based on the research obtained the results first, the application has been carried out by the guidelines. Second, the obstacles found were not achieving the element of peace and agreement, which was influenced by the views of the parties. The obstacles found were the possibility of overcapacity in correctional institutions and the development of criminal acts while in correctional institutions. So it can be concluded that the application of restorative justice implementation needs the awareness of the parties and its application, so the impact can help reduce overcapacity and recidivism in the future.
Co-Authors Abdul Madjid Aiden L. Moreau Aji, Muhammad Kharisma Bayu Alimardani, Armin Andi Pambudi Utomo BAMBANG SUGIRI Dzulkarnain Alghafuru Syahputra EMMILIA RUSDIANA, EMMILIA Faizin Sulistio Fajri, M. Hisyam Nur Fauzan Prasetya Fayadh Ayyasi Regar Furqani, Alvie Naufal Harsuko Riniwati I NYOMAN NURJAYA Kurnia, Rizky Marjono Marjono Muhammad Haykal Nurini Aprilianda Pratama, I Gusti Agung Ananta Pratama, I Gusti Ananta Prija Djatmika Prija Djatmika, Prija Ramadianto, Anang Riyan Reni Ringgita Laia Rika Kurniaty Rizky Kurnia Rohmat rohmat Roytomi Isabilton Said, Muhamad Helmi Md Siagian, Nurul Inayah Sidik Wiyono Sjafi’i, Imam Rahmat Sriti Hesti Astiti, Sriti Hesti Sugiri, Bambang Tantoi, Lalu Alex Taqwa, Faisal Akbaruddin Usuluddin, Fachruddin Wanto, Alfi Haris Widyaningsih, Aryana Sekar Yanu Romansyah Melvando Yuliati Yuliati