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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 Pena Justisia: Media Komunikasi dan Kajian 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 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 Jurnal Hukum dan Peradilan Indonesia Law Reform Journal (ILREJ) SASI Asian Journal of Management, Entrepreneurship and Social Science Jurnal Dinamika Hukum 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

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The Potential Disparity in Judicial Pardon Decisions: Formulation Issues in The National Criminal Code Aji, Muhammad Kharisma Bayu; Istiqomah, Milda; Astiti, Sriti Hesti; Taqwa, Faisal Akbaruddin
Jurnal Hukum dan Peradilan Vol 14 No 1 (2025)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.14.1.2025.63-90

Abstract

This scientific article discusses the problems and ideal formulation of judicial forgiveness in the future in Article 54, Paragraph (2) of Law Number 1 of 2023 on the Criminal Code. This article regulates judicial forgiveness but does not explain the requirements, resulting in different interpretations and decision disparities. This research is normative research with a descriptive research nature. The legislative and comparative approaches are used. This study found that the formulation of judicial forgiveness has problems such as abstract norms, alternative requirements, and difficulties when the victim does not forgive the defendant. The ideal formulation of judicial forgiveness is to determine the maximum criminal sanctions and cumulative requirements. The requirement for the lightness of the act can be interpreted as a maximum fine of Category II (IDR 10,000,000.00) and is related to minor crimes in the Criminal Procedure Code. The requirement for the offender’s personal circumstances is linked to Article 22 of the National Criminal Code, and the requirement for the circumstances at the time the crime was committed is linked to the sentencing guidelines in Article 54 paragraph (1) of the National Criminal Code letters b, d, e, f, and j.
PRACTICE OF IMPOSING CRIMINAL SENTENCES OUTSIDE THE PUBLIC PROSECUTOR'S INDICTMENT IN NARCOTICS CASES Muhammad Haykal; Milda Istiqomah
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 4 (2025): July
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i4.3143

Abstract

The establishment of the Criminal Procedure Code as a replacement for the HIR, raises hopes for a more humane criminal law enforcement, and can truly lead to the material truth of a criminal event. The Criminal Procedure Code has been running for more than 40 years, on the other hand the dynamics of human life continue to run so that it seems that the Criminal Procedure Code no longer answers the problems that arise today. In narcotics cases, situations are often found where the defendant is not charged with Article 127 of the Narcotics Law, but in the trial facts it is revealed that the defendant is purely a drug abuser. Meanwhile, Article 182 paragraph (4) of the Criminal Procedure Code requires the judge to impose a sentence according to the public prosecutor's indictment. To overcome this, a Circular Letter has been issued which allows judges to impose a sentence below the special minimum, and still decide according to the public prosecutor's indictment. However, in practice, namely the cassation decision Number 1832 K / Pid.Sus / 2023, it does not heed the provisions of Article 182 paragraph (4) of the Criminal Procedure Code, and the provisions of the Circular Letter, by imposing the defendant with Article 127 of the Narcotics Law, even though the article was not charged. This study aims to determine how the judge's considerations in imposing a sentence outside the indictment in the cassation decision Number 1832 K / Pid.Sus / 2023. This research is a normative legal research, the legal materials used in this study consist of primary, secondary, and tertiary. Based on the results of the study, it is known that the basis for the judge's considerations is the existence of jurisprudence that allows the judge to decide outside the indictment as long as the article applied is similar to the article charged, and the threat of punishment is lighter. The act of deciding outside the indictment is part of the judge's efforts to explore legal values, truth, and the benefits of law in order to realize justice.
BASIS FOR THE JUDGE'S CONSIDERATIONS REGARDING THE REPORT CORRECTION CENTER FOR CHILDREN OF DRUG ABUSE (CASE STUDY IN GRESIK DISTRICT COURT) Roytomi Isabilton; Milda Istiqomah; I Nyoman Nurjaya
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 4 (2025): July
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i4.3144

Abstract

Drug cases are currently difficult to stop, this is due to the illicit trafficking of narcotics which until now has not been resolved completely. This has an impact on children who abuse narcotics because currently drug abuse is not only targeting adults but also children. Based on this, appropriate efforts and steps are needed to handle children as drug abusers so that they get protection and the best interests of children can be realized. Therefore, the discussion of this study is how the influence of the correctional center report on the basis of judges' considerations for children who abuse narcotics and how the legal regulations will be in the future regarding the provision of correctional center recommendations for children who abuse narcotics for the best interests of children. This study is a normative study with a legislative, conceptual approach and emphasis on elements, norms, rules, principles, theories and legal rules in dealing with legal problems such as legal vacuum, norm conflict or norm ambiguity.
INTEGRATION OF THE CODE OF ETHICS OF JUDGES IN THE IMPLEMENTATION OF PERMA NO. 1 OF 2024: THE INFLUENCE OF JUDICIAL INDEPENDENCE IN IMPLEMENTING RESTORATIVE JUSTICE Milda Istiqomah; Reni Ringgita Laia
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 4 (2025): July
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i4.3457

Abstract

Supreme Court Regulation of the Republic of Indonesia No. 1 of 2024 concerning Guidelines for Adjudicating Criminal Cases Based on Restorative Justice provides guidelines for judges in implementing restorative justice in court. This regulation requires an active role for judges as peace facilitators, which raises questions regarding the independence of judges. This study aims to analyze how the independence of judges and the code of ethics of judges are integrated in the implementation of Perma No. 1 of 2024, especially in maintaining the independence of judges in the restorative justice process. This study uses a conceptual approach, a legislative approach and a case approach. The results of the study indicate that the independence of judges and the code of ethics of judges are important foundations in the implementation of Perma No. 1 of 2024. The independence of judges guarantees objectivity and justice in the peace process, while the code of ethics guides judges to act fairly, wisely and with integrity. Judges must always adhere to the principle of independence and ethical values, even though they are required to play an active role in the peace process. This study provides suggestions on the importance of socialization and training for judges regarding Perma No. 1 of 2024 and the code of ethics in the context of restorative justice, as well as strengthening internal and external supervision of judges in the implementation of restorative justice.
COMPARISON OF THE CONCEPT OF LEGAL CERTAINITY IN THE REGULATION OF THE DEATH IN THE OLD CRIMINAL CODE AND THE NATIONAL CRIMINAL CODE (INDONESIA) Tantoi, Lalu Alex; Madjid, Abdul; Istiqomah, Milda
International Journal of Business, Law, and Education Vol. 4 No. 2 (2023): 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.v4i2.271

Abstract

The presence of the death penalty in the new National Criminal Code (KUHP) enacted in 2023 has sparked a great deal of controversy. Just like its existence, the death penalty still generates many problems and has both proponents and opponents. This research employs a juridical-normative approach and utilizes methods of legal analysis, conceptual analysis, and comparison. The results reveal that the regulation of the death penalty is more legally uncertain when compared to the previous Criminal Code because it is considered highly open to multiple interpretations, lacks clarity, conflicts with other regulations, and presents numerous loopholes that can be exploited by irresponsible individuals for legal transactions.
Comparative Analysis of E-Cigarette Regulation in Indonesia, Thailand, and Brunei Darussallam Fajri, M. Hisyam Nur; Madjid, Abdul; Istiqomah, Milda
Soepra Jurnal Hukum Kesehatan Vol 11, No 1: Juni 2025
Publisher : Universitas Katolik Soegijapranata Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24167/sjhk.v11i1.12685

Abstract

Abstract : This study examines the increasing trend of e-cigarette use among students in Indonesia compared to Thailand and Brunei Darussalam. This study aims to analyse the advantages and disadvantages of e-cigarette regulation in Indonesia as a new form of addictive substance, and to compare it with regulatory frameworks in other countries in the region. Using normative juridical methods, this study explores laws and policies from Indonesia, Thailand, and Brunei Darussalam. Findings show that although Indonesia imposes relatively high excise taxes on e-cigarettes, its regulations are less comprehensive compared to other countries. Regulatory gaps in terms of advertising, age restrictions, and waste management of e-cigarettes are still evident. The journal suggests strengthening Indonesia's regulatory framework by adopting best practices from other Southeast Asian countries such as Thailand and Brunei Darussalam to ensure public health protection and environmental safety.Abstrak : Penelitian ini mengkaji tren peningkatan penggunaan rokok elektrik di kalangan pelajar di Indonesia dibandingkan dengan Thailand dan Brunei Darussalam. Penelitian ini bertujuan untuk menganalisis kelebihan dan kekurangan regulasi rokok elektrik di Indonesia sebagai bentuk baru dari zat adiktif, dan untuk membandingkannya dengan kerangka regulasi di negara-negara lain di kawasan ini. Dengan menggunakan metode yuridis normatif, penelitian ini mengeksplorasi undang-undang dan kebijakan dari Indonesia, Thailand, dan Brunei Darussalam. Temuan menunjukkan bahwa meskipun Indonesia memberlakukan cukai yang relatif tinggi terhadap rokok elektrik, namun peraturannya kurang komprehensif dibandingkan dengan negara lain. Kesenjangan regulasi dalam hal periklanan, pembatasan usia, dan pengelolaan limbah rokok elektrik masih terlihat jelas. Jurnal ini menyarankan untuk memperkuat kerangka regulasi Indonesia dengan mengadopsi praktik-praktik terbaik dari negara-negara Asia Tenggara lainnya seperti Thailand dan Brunei Darussalam untuk memastikan perlindungan kesehatan masyarakat dan keamanan lingkungan.
THE URGENCY OF LEGAL REGULATIONS RELATING TO THE AUTHENTICATION OF EVIDENCE ELECTRONICS IN THE INDONESIAN CRIMINAL JUSTICE SYSTEM Fayadh Ayyasi Regar; Milda Istiqomah; Faizin Sulistio
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 5 (2025): September
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i5.3773

Abstract

This study aims to analyze the urgency of electronic evidence authentication in the Indonesian criminal justice system and formulate future legal regulations that provide legal certainty regarding the validity of electronic evidence. The research method used is a juridical-normative with a statutory and conceptual approach, which is based on a literature review of national regulations and international legal instruments such as the Budapest Convention. The results of the study indicate that the absence of provisions for electronic evidence authentication in the Criminal Procedure Code creates legal uncertainty and opens up opportunities for digital evidence manipulation in court. The discussion emphasizes the importance of digital forensics as a technical authentication mechanism to ensure the integrity, authenticity, and reliability of electronic evidence. In addition, the conformity of electronic evidence with the principles of relevance and legality is still not fully regulated in the criminal procedural law system. The conclusion of this study is that electronic evidence authentication needs to be immediately regulated firmly in legislation as a form of adaptation to developments in information technology to realize justice and legal certainty in the digital era
The Sentencing of Insult and/or Defamation Cases in Indonesia Djatmika, Prija; Istiqomah, Milda
Arena Hukum Vol. 18 No. 2 (2025)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum2025.01802.7

Abstract

This study examines sentencing decisions in cases of insult and/or defamation by employing a mixed-method approach that combines quantitative and qualitative analysis. Quantitative analysis uses district court verdicts from 2016 to 2021 to identify patterns and trends in sentencing, while qualitative analysis delves into aggravating and mitigating factors in judges’ considerations. Compared to previous studies, conducted by Samudra (2019), Ziar (2022), Fatmawati, et al. (2023), Emaliawati (2024), and Nurbaeti (2025), the result of this study shows that most cases end with prison sentences and/or fines. Judges consider various factors such as the severity of the offence, the impact on the victim, and the defendant’s background. Interestingly, there were several cases, particularly those involving corporations, where judges imposed much harsher sentences than the prosecutor’s prosecution, indicating a unique dynamic in the application of justice. From the perspective of judicial independence theory, the judges should exercise their independence in interpreting legal norms and balancing between positive law and substantive justice. Judges are not merely “mouthpieces of the law”; they are active actors in assessing the moral value and social impact of the defendant’s actions. Meanwhile, based on the theory of punishment, the decisions reflect a retributive approach as a form of retribution for reprehensible acts, as well as a preventive approach, to deter perpetrators and the wider community. This study makes an important contribution to understanding the complexity of sentencing in cases of insult and/or defamation and highlights the need for more measurable and consistent sentencing guidelines.
The Concept of State Financial Loss Recovery Reviewed from the Perspective of the Judex Factie Court's Considerations Nasrudin, Zaldi; Noerdajasakti, Setiawan; Istiqomah, Milda
INTERNATIONAL JOURNAL ON LANGUAGE, RESEARCH AND EDUCATION STUDIES Vol 9, No 2 (2025): Inpress
Publisher : State Islamic University of North Sumatra Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/ijlres.v9i2.25454

Abstract

Corruption causes measurable state financial losses, making restitution a critical component of Indonesia's criminal justice system. Although mechanisms such as restitution and asset forfeiture are regulated under the Corruption Eradication Law, their implementation faces significant obstacles, including limited technical provisions, difficulties in tracing the origin of assets, and reliance on court decisions with permanent legal force. This study employs a normative juridical method to examine the regulatory framework governing restitution and its effectiveness in recovering state assets. The findings reveal that the absence of clear standards for calculating and enforcing restitution hampers legal consistency and weakens the recovery process. The study concludes that a reformulation of restitution policy is essential to ensure legal certainty and to transform restitution into an effective tool for restoring real state losses.
An Integrated Policy Model for Supervisory Punishment under Indonesia’s New Criminal Code Rohmat, Rohmat; Istiqomah, Milda; Aprilianda, Nurini
Jurnal Penelitian Hukum De Jure Vol 25, No 3 (2025): November Edition
Publisher : Law and Human Rights Policy Strategy Agency, Ministry of Law and Human Rights of The Repub

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/dejure.2025.V25.151-170

Abstract

The inclusion of supervisory sanctions in Indonesia’s new Criminal Code signifies a shift toward non-custodial and rehabilitative forms of punishment, reflecting a broader transition from retributive to corrective and restorative justice. Despite their formal adoption, the regulatory frameworks necessary for their implementation remain underdeveloped. This study examines the normative and philosophical foundations of supervisory sanctions and proposes an integrated legal policy model for their effective application. Employing a normative juridical method supported by statutory, comparative, and conceptual approaches, the research is analyzed within a prescriptive framework. The findings indicate that these sanctions are intended to provide offenders with a second chance through structured oversight and individualized rehabilitation, thereby avoiding incarceration. This study offers a novel insight by presenting an integrated policy model for supervisory sanctions, an approach that has not previously been developed within Indonesia’s legal system. The proposed model outlines mechanisms for enforcement, supervision duration, and reintegration programs. By addressing a critical gap in Indonesia’s penal system, this research contributes original perspectives and a practical framework for the operationalization of community-based criminal sanctions.
Co-Authors Abdul Madjid Aiden L. Moreau Aji, Muhammad Kharisma Bayu Alimardani, Armin Andi Pambudi Utomo Anindita, Raras Natasya Bagus Sujatmiko BAMBANG SUGIRI Dhiana Puspitawati Dzulkarnain Alghafuru Syahputra Eka Yudha Kurniawan EMMILIA RUSDIANA, EMMILIA Fachrizal Afandi Faizin Sulistio Fajri, M. Hisyam Nur Fauzan Prasetya Fayadh Ayyasi Regar Furqani, Alvie Naufal Harsuko Riniwati I Nyoman NURJAYA I NYOMAN NURJAYA I Nyoman Nurjaya Ifahda Pratama Hapsari Kurnia, Rizky Marjono Marjono 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 Reni Ringgita Laia Rika Kurniaty Riyan Ramadianto, Anang Rizky Kurnia Rohmat Rohmat Rohmat rohmat Roytomi Isabilton Said, Muhamad Helmi Md Septiawan Ridho Permadi 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