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All Journal Yustisia Lentera Hukum Wacana, Jurnal Sosial dan Humaniora Arena Hukum Jurnal Media Hukum Jurnal IUS (Kajian Hukum dan Keadilan) Jurnal Hukum IUS QUIA IUSTUM Sriwijaya Law Review INDONESIAN JOURNAL OF CRIMINAL LAW STUDIES INTERNATIONAL JOURNAL ON LANGUAGE, RESEARCH AND EDUCATION STUDIES 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

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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 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.
Victim Impact Statement as a Model of Victim-Centered Justice in Child Sexual Abuse Cases Ramadianto, Anang Riyan; Istiqomah, Milda; Aprilianda, Nurini
Jurnal Hukum IUS QUIA IUSTUM Vol. 32 No. 2: MEI 2025
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol32.iss2.art4

Abstract

Child sexual abuse remains a pressing concern in Indonesia, with victims often experiencing deep and lasting trauma. Yet, the country’s criminal justice system largely focuses on punishing offenders, offering far less attention to safeguarding and supporting the rights and recovery of those who have suffered. This article aims to explore the role of the Victim Impact Statement (VIS) as a mechanism to promote victim-centered justice. This study adopts a normative legal research approach, drawing on statutory analysis, comparative review, and case study methods. Its primary legal sources include court rulings on child sexual abuse and key regulations, notably Supreme Court Regulation (PERMA) No. 1 of 2022 on Restitution and Compensation. Data are analyzed qualitatively to evaluate the implementation of restitution and the recognition of victim perspectives in legal proceedings. The findings indicate that restitution is essential in incorporating the victim’s voice into judicial decision-making. The study proposes a Victim Impact Statement (VIS) model designed to help both victims and judges convey and evaluate the effects of crime more effectively. It concludes with recommendations to better integrate VIS into Indonesia’s criminal justice system, moving toward an approach that is more victim-centered and aligned with the principles of restorative justice.
Suspension of Detention for Children Acting in Self-Defense as a Form of Special Protection in the Juvenile Justice System Siagian, Nurul Inayah; Aprilianda, Nurini; Istiqomah, Milda
International Journal of Business, Law, and Education Vol. 6 No. 2 (2025): 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.v6i2.1198

Abstract

Detention of children in the context of self-defense (noodweer) remains unregulated explicitly in Indonesia's juvenile criminal justice system. Although Article 49 of the Indonesian Penal Code (KUHP) recognizes self-defense as a justifying or excusing ground, children may still be subjected to detention under general procedural provisions in the Criminal Procedure Code (KUHAP). This creates legal uncertainty and increases the risk of disproportionate treatment. This study employs a normative juridical method with a comparative approach, analyzing the German legal system, which limits juvenile detention and emphasizes psychological, educational, and proportionality considerations. The findings show an urgent need for Indonesia to formulate specific legal norms on the suspension of detention for children who commit acts of self-defense. Such reform is crucial to uphold children's rights, prevent criminalization, and support restorative justice principles and humane treatment in the juvenile justice process.
The Effectiveness of Terrorism Prevention Policy in the Special Region of the Capital of Jakarta (Study on Indonesian National Armed Forces and Indonesian Police as Pressure Organizations) Usuluddin, Fachruddin; Riniwati, Harsuko; Marjono, Marjono; Istiqomah, Milda
Wacana Journal of Social and Humanity Studies Vol. 26 No. 4 (2023): WACANA, Jurnal Sosial dan Humaniora
Publisher : Sekolah Pascasarjana Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.wacana.2023.026.04.05

Abstract

The government's policy objectives for countering terrorism in the DKI Jakarta Province have not been effective. This is marked by the lack of a sense of security for some people in dealing with acts of terrorism carried out by government officials. Based on this phenomenon, the research problem is formulated, namely why the government has not met expectations in implementing counter-terrorism policies, to know what factors determine the effectiveness of the policy. The method used is MICMAC analysis. The data in this study were obtained from literature studies from related documents, journals, and other scientific articles. The variables in this study refer to 5 indicators of policy effectiveness indicators, broken down into eight variables: organization, environment, workers, management policies and practices, and technology in training education and training centers. Overall, the results of the study indicate that the implementation of counter-terrorism in the DKI Jakarta Province has not been effective. This can be seen from the regulation and control of the TNI (Indonesian Armed Forces) and Polri (Indonesian Police) apparatus as pressure organizations that have not been maximized. The lack of achievement of these goals is related to several factors, including internal factors (factors originating from within the organization) and external factors (factors originating from outside the organization). However, the government's efforts to prevent acts of terrorism continue as carried out by the TNI and Polri officers through training and training camps with community support. Keywords: effectiveness, counter-terrorism, external factors, internal factors, policy
THE URGENCY OF REGULATING THE AUTHORITY OF THE INDONESIAN NATIONAL ARMED FORCES (TNI) IN COUNTERING TERRORISM THAT THREATENS THE SOVEREIGNTY OF THE UNITARY REPUBLIC OF INDONESIA Eka Yudha Kurniawan; Dhiana Puspitawati; Milda Istiqomah
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 3 No. 6 (2023): November
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v3i6.1151

Abstract

The authority of the Indonesian National Armed Forces (TNI) in addressing acts of terrorism, as mandated by the TNI Law through Non-War Military Operations (OMSP), as stated in Article 7 paragraph (2) letter (b) number 3 of Law Number 34 Year 2004 regarding the Indonesian National Armed Forces, is one of the main tasks of the TNI in OMSP, hence it is the mandate of the TNI's authority in addressing acts of terrorism. To date, there are no implementing regulations that govern this TNI authority, resulting in ambiguity and a legal vacuum that causes hesitation in every military operation carried out by the TNI to counteract acts of terrorism, significantly threatening state sovereignty, thus raises questions with the problems: 1. What is the urgency of the regulation of authority in countering terrorism that threatens the sovereignty of the Indonesian State by the Indonesian National Armed Forces (TNI); 2. What is the model of involvement of the Indonesian National Armed Forces (TNI) in countering acts of terrorism that threaten the sovereignty of the Indonesian State? Therefore, the author uses normative legal research, a statutory approach method, a concept analysis, and a comparison approach. With this research, the author tries to explain that the arrangement of TNI authority in addressing acts of terrorism that have threatened state sovereignty is essential and urgent to be immediately enacted as the legality of the military operation carried out considering the current threat of terrorism which is increasingly developing following the times. So that the involvement of the TNI in addressing acts of terrorism is no longer carried out as an auxiliary task to the Indonesian National Police (POLRI). The TNI, in addressing acts of terrorism threatening state sovereignty, has clear and firm boundaries by the place, time, and level of threat such that the TNI can directly conduct military operations to address these acts of terror.
Reformulation of Juvenile Court: The Perspective of Judicial Amnesty in Indonesia and The Netherlands Hapsari, Ifahda Pratama; Nurjaya, I Nyoman; Aprilianda, Nurini; Istiqomah, Milda
SASI Volume 31 Issue 4, December 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v31i4.3282

Abstract

Introduction: This study examines the reformulation of the provisions of Article 70 of Law Number 11 of 2012 concerning Juvenile Criminal Justice through the perspective of the concept of judicial pardon in order to ensure the protection of children's fundamental rights.Purposes of the Research: The research focuses on an in-depth analysis of the concept of rechterlijk pardon as a legal instrument in handling cases of children in conflict with the law.Methods of the Research: The research was conducted using a normative juridical method through a comparative study of the legal systems of Indonesia and the Netherlands.Results of the Research: The research findings indicate that the application of judicial pardon as regulated in Article 70 contains substantial weaknesses, particularly related to the ambiguity of the parameters of "mildness of the act" and "personal circumstances of the child" which have the potential to cause disparities in judicial practice. Normative reconstruction of these provisions is a necessity in order to ensure legal certainty and optimize protection for children in conflict with the law.
INCONSISTENCIES IN THE APPLICATION OF ARTICLE 71 PARAGRAPH (3) OF THE JUVENILE JUSTICE SYSTEM ACT IN CRIMINAL VERDICTS AGAINST CHILDREN: A NORMATIVE REVIEW OF THE KALABAHI, ATAMBUA, AND AMBON DECISIONS Anindita, Raras Natasya; Aprilianda, Nurini; Istiqomah, Milda
NOMOI Law Review Vol 6, No 2 (2025): November Edition
Publisher : NOMOI Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v6i2.25580

Abstract

This study examines the implementation of Article 71 paragraph (3) of Law No. 11 of 2012 concerning the Juvenile Justice System (UU SPPA), which regulates the replacement of criminal fines with work training in cases involving juvenile offenders. This provision aims to ensure fairer protection for children through a corrective, recovery oriented approach. The research employs a normative legal method, combining statutory and case based approaches, and analyzes three first instance court decisions from Kalabahi, Atambua, and Ambon. The findings reveal inconsistencies in the application of the provision, as not all verdicts fully adhere to the mandated substitution of fines with work training as stipulated in the UU SPPA. These disparities highlight the need for greater uniformity and comprehension of the applicable norms to guarantee optimal protection of children's rights. Work training should not be viewed merely as an alternative sanction but as a rehabilitative measure aligned with the principles of restorative justice. This study recommends the development of technical guidelines and the strengthening of institutional capacity to support sanctions that uphold child protection and sustainable justice values.
Case Dismissal on Public Interest Grounds in Criminal Offenses Involving Medical-Use Cannabis Septiawan Ridho Permadi; Milda Istiqomah; Fachrizal Afandi
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 21 No. 3 (2025): December
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v21i3.339

Abstract

The authority of the Attorney General to dismiss cases (seponeering) under Article 35 paragraph (1) letter c of Law Number 11 of 2021 represents the application of the opportunity principle in prosecution for the sake of public interest. The development of international research and policies, including the 2020 WHO recommendation concerning the medical and economic potential of cannabis, has created an urgent need to reform law enforcement policies regarding narcotic crimes involving cannabis for medical purposes. This study aims to assess the implementation of the opportunity principle in the context of protecting the public interest in the right to health as guaranteed under Articles 28A and 28H of the 1945 Constitution. The research employs a normative legal method with statutory and conceptual approaches by analyzing prosecutorial regulations, narcotics law, and doctrines of public interest and social justice. The findings indicate that the opportunity principle is a fundamental principle in controlling prosecution that must prioritize public benefit, non-discrimination, and the protection of citizens' constitutional rights. The application of seponeering in cases involving medical cannabis is justified as long as it is grounded in public health benefits, economic potential, and the broader interests of society. This study recommends the establishment of transparent prosecutorial guidelines in assessing public interest, enhanced inter-agency coordination in medical cannabis research, and harmonization of narcotics policies to ensure that the implementation of the opportunity principle is not influenced by political interests but truly serves as an instrument of social justice.
Degradation of the Stigma of Prison as a Criminal School Through Supervised Sentence as an Alternative to Imprisonment Rohmat Rohmat; Milda Istiqomah; Nurini Aprilianda
IJCLS (Indonesian Journal of Criminal Law Studies) Vol. 9 No. 2 (2024): Indonesia J. Crim. L. Studies (November, 2024)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v9i2.36630

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.
Co-Authors Abdul Madjid Abdul Madjid Ade Putra R Aji, Muhammad Kharisma Bayu Ali, Hilmy Faidulloh Alimardani, Armin Anang Riyan Ramadianto Anang Riyan Ramadianto Andi Pambudi Utomo Anindita, Raras Natasya Ariesta Wibisono Anditya Bagus Sujatmiko BAMBANG SUGIRI Bambang Sugiri Bayu Akbar Wicaksono Bunga Veronika Milania Bunga Veronika Milania Agustin Denny Ardian Priambodo Dhiana Puspitawati Dhiana Puspitawati Dzulkarnain Alghafuru Syahputra Eka Yudha Kurniawan EMMILIA RUSDIANA EMMILIA RUSDIANA, EMMILIA Fachrizal Afandi Faizin Sulistio Faizin Sulistio Fajri, M. Hisyam Nur Fayadh Ayyasi Regar Furqani, Alvie Naufal Harsuko Riniwati Hazmi Rusli Heru Kurniawan Heru Kurniawan I Nyoman Nurjaya I Nyoman NURJAYA Ifahda Pratama Hapsari Kevin Krissentanu Winner Marjono Marjono Muchamad Ali Safaat Muhammad Cakranegara Muhammad Haykal Natalia Natalia Maharani 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 Septiawan Ridho Permadi Setiawan Noerdajasakti Setyo Widagdo Siagian, Nurul Inayah Sidik Wiyono Sjafi’i, Imam Rahmat Sriti Hesti Astiti, Sriti Hesti Syakhiya Aprilia Wardani Tantoi, Lalu Alex Taqwa, Faisal Akbaruddin Theo Sifra AHASIA Usuluddin, Fachruddin Wanto, Alfi Haris Yanu Romansyah Melvando Yenny Etta Widyanti Yessika Florencia Yuliati - Yuliati Yuliati Yuliati Yuliati Zaldi Nasrudin