Article Per Year (5 Year)
p-Index From 2021 - 2026
5.863
P-Index
This Author published in this journals
All Journal Lentera Hukum Wacana, Jurnal Sosial dan Humaniora Arena Hukum Jurnal Media Hukum Jurnal Hukum IUS QUIA IUSTUM Sriwijaya Law Review INDONESIAN JOURNAL OF CRIMINAL LAW STUDIES INTERNATIONAL JOURNAL ON LANGUAGE, RESEARCH AND EDUCATION STUDIES Jurnal Penelitian Hukum De Jure PETITA: Jurnal Kajian Ilmu Hukum dan Syariah (PJKIHdS) Jurnal Bina Mulia Hukum SOEPRA Jurnal Hukum Kesehatan Jurnal Ius Constituendum Kosmik Hukum Jurnal Suara Hukum Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences Risalah Hukum NOMOI Law Review International Journal of Environmental, Sustainability, and Social Science International Journal of Business, Law, and Education Batulis Civil Law Review YURISDIKSI : Jurnal Wacana Hukum dan Sains International Journal of Educational Review, Law And Social Sciences (IJERLAS) Audito Comparative Law Journal (ACLJ) Ius Poenale International Journal of Humanities Education and Social Sciences Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Jurnal Hukum dan Peradilan Indonesia Law Reform Journal (ILREJ) SASI Asian Journal of Management, Entrepreneurship and Social Science Journal of International Islamic Law, Human Right and Public Policy Jurnal Dinamika Hukum Sosiora Indonesian Journal of Criminal Law Studies
Milda Istiqomah
Faculty Of Law, Brawijaya University
Religion Arts Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Neuroscience Social Sciences Other

Published : 50 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 50 Documents
Search

 1   2   3   4   5 
The Urgency Of Restorative Justice In Imposing Criminal Sanction Under Law Number 1 Of 2023 Concerning The Criminal Code And Law Number 8 Of 1981 Concerning Criminal Procedure Law Viewed From The Judge's Perspective Muhammad Cakranegara; Milda Istiqomah
Asian Journal of Management, Entrepreneurship and Social Science Vol. 4 No. 02 (2024): May, Asian Journal of Management Entrepreneurship and Social Science ( AJMESC
Publisher : Cita Konsultindo Research Center

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

Abstract

Judges have the authority to receive, examine, and decide on criminal cases. With the promulgation of Law Number 1 of 2023 concerning the Criminal Code, Indonesia has new criminal law regulations, resulting in differences in punishment compared to the old Criminal Code. However, the theory of Restorative Justice, as outlined in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, is not included in Law Number 1 of 2023 concerning the Criminal Code. This omission leaves arrangements regarding Restorative Justice for adult legal subjects in Indonesia solely based on internal regulations from the Police, Prosecutor's Office, and Supreme Court. The problem arises when a case involves a Defendant who has compensated the victim for losses exceeding those suffered. This research concludes that judges have not been able to make decisions based on the theory of Restorative Justice because Law Number 1 of 2023 concerning the Criminal Code does not implement the principles of Restorative Justice based on the theories of Howard Zehr and Ali Gohar. Consequently, the Diversion Concept, as contained in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, should be applied to adult perpetrators if the criminal system in Indonesia aims to promote recovery for both criminals and their victims.
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.
The Public's Right to Sports Competition Without Match Fixing: Between Honorable Interest and Offence Rusdiana, Emmilia; Madjid, Abdul; Istiqomah, Milda; Said, Muhamad Helmi Md
Jurnal Suara Hukum Vol. 7 No. 1 (2025): Jurnal Suara Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v7n1.p98-123

Abstract

Sports competitions are a strategic forum for achievement, investment, and even noble values, but they are increasingly shrouded in match-fixing allegations. Arrangements regarding match fixing have not been regulated in their norms, so law enforcement and the government enforce the law without any basis. On the other hand, the government has the authority to take preventive measures before determining the cause of match fixing as an important study. This study examines the philosophy of alleged score fixing based on the function of criminal law based on legal interests in determining an adequate legal framework. The type of research is normative juridical based on a conceptual and comparative approach. This paper proves and confirms that score fixing violates the honor of the integrity of the state. Furthermore, efficient sports competitions with adequate industry revenues are important for the state. Based on this research, score fixing prevention is restoring the urgency of criminal law with the interest of honor in the form of state integrity, namely by restoring proper law enforcement
Are Judges Listening? Rethinking Sentencing in Child Sexual Violence through Victim Impact Statements in Indonesia Ramadianto, Anang Riyan; Istiqomah, Milda; Aprilianda, Nurini
Jurnal Dinamika Hukum Vol 25 No 2 (2025)
Publisher : Faculty of Law Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2025.25.2.15724

Abstract

The protection of victims' rights, especially child victims of sexual violence, remains a major challenge in Indonesia's criminal justice system. One critical yet underutilized instrument is the Victim Impact Statement (VIS), which allows victims to convey the psychological, emotional, social, and economic impact of the crime they experienced. However, the implementation of VIS in Indonesia is still limited due to the absence of explicit regulation in the current Criminal Procedure Code (KUHAP). This paper aims to examine the role of VIS in strengthening victim protection and to analyze the inhibiting factors affecting its implementation in the Karanganyar District Court. Using a socio-legal approach, this study combines normative legal research with empirical data gathered through interviews with judicial actors. The findings reveal that the main obstacles lie in three areas: the lack of legal substance (absence of specific VIS regulation), weak legal structure (limited procedural guidelines and institutional support), and unsupportive legal culture (stigmatization of victims and lack of victim-centered perspectives among legal practitioners). The study proposes a structured model of VIS based on Supreme Court Regulation No. 1 of 2022 and international practices, aiming to fill the normative gap and support future reform of Indonesia’s criminal procedure law. Strengthening VIS as a legal and procedural tool is essential for ensuring justice that is not only punitive but also restorative and responsive to the needs of victims.
Co-Authors Abdul Madjid Agustin, Bunga Veronika Milania Aji, Muhammad Kharisma Bayu Ali, Hilmy Faidulloh Alimardani, Armin Anang Riyan Ramadianto Andi Pambudi Utomo Anditya, Ariesta Wibisono Anindita, Raras Natasya Bagus Sujatmiko BAMBANG SUGIRI Bambang Sugiri Bayu Akbar Wicaksono Denny Ardian Priambodo Dhiana Puspitawati Dzulkarnain Alghafuru Syahputra Eka Yudha Kurniawan EMMILIA RUSDIANA, EMMILIA Fachrizal Afandi Faizin Sulistio Fajri, M. Hisyam Nur Fayadh Ayyasi Regar Furqani, Alvie Naufal Harsuko Riniwati I Nyoman NURJAYA I Nyoman Nurjaya Ifahda Pratama Hapsari Jameelah, Mariyam Kevin Krissentanu Winner Maharani, Natalia Marjono Marjono Milania, Bunga Veronika Muchamad Ali Safaat Muhammad Cakranegara Muhammad Haykal Nasrudin, Zaldi Noerdajasakti, Setiawan Nurini Aprilianda Pratama, I Gusti Agung Ananta Pratama, I Gusti Ananta Prija Djatmika Prija Djatmika, Prija Ramadianto, Anang Riyan Rika Kurniaty Rika Kurniaty Rizky Kurnia Rizky Kurnia Rohmat rohmat Rohmat Rohmat Roytomi Isabilton Said, Muhamad Helmi Md Samararatne, Dinesha Septiawan Ridho Permadi Setyo Widagdo Siagian, Nurul Inayah Sidik Wiyono Sjafi’i, Imam Rahmat Sriti Hesti Astiti, Sriti Hesti Sugiri, Bambang Tantoi, Lalu Alex Taqwa, Faisal Akbaruddin Theo Sifra AHASIA Usuluddin, Fachruddin Wanto, Alfi Haris Widyaningsih, Aryana Sekar Yanu Romansyah Melvando Yessika Florencia Yuliati - Yuliati Yuliati