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All Journal 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 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

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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
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.
Evaluation of Legal Frameworks for Extremism Prevention in Indonesian Higher Education Agustin, Bunga Veronika Milania; Istiqomah, Milda; Jameelah, Mariyam
Kosmik Hukum Vol. 26 No. 1 (2026)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v26i1.29408

Abstract

Extremism poses a serious challenge to Indonesia’s diversity and national stability, including within higher education institutions. This study aims to evaluate the legal framework governing the prevention of extremism in universities and examine its implementation at Brawijaya University as a case study. Using a socio-legal research method with a digital ethnography approach, the study draws on both primary and secondary data sources. Findings indicate that although several laws and regulations—such as the National Education System Law, the Higher Education Law, and the Presidential Regulation on the National Action Plan for Preventing Violent Extremism—have been established, they remain general and lack specific provisions addressing extremism prevention in higher education. Brawijaya University demonstrates a strong commitment through the issuance of rector regulations, integration of Pancasila values into the curriculum, implementation of nationalism-based student orientation (PKKMB), and partnerships with external bodies such as the Densus 88 counterterrorism unit. However, the absence of a dedicated institutional body to address extremism prevention represents a significant gap that hinders effective implementation. Therefore, the establishment of a specialized unit within each university is urgently needed to strengthen preventive efforts and ensure a safer academic environment.
Analisis Yuridis Pencegahan Ekstremisme di Lingkungan Perguruan Tinggi Indonesia Milania, Bunga Veronika; Istiqomah, Milda
Sosiora Vol. 3 No. 2 (2025)
Publisher : AJI Research and Publication

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65260/sosiora.v3i2.31

Abstract

Ekstremisme di lingkungan perguruan tinggi menjadi tantangan serius bagi keamanan dan integritas pendidikan di Indonesia. Penelitian ini bertujuan untuk menganalisis pengaturan hukum yang ada dalam pencegahan ekstremisme di perguruan tinggi, mengevaluasi efektivitas regulasi, serta mengidentifikasi kendala implementasinya. Metode penelitian yang digunakan adalah yuridis normatif dengan pendekatan perundang-undangan (statute approach) dan kajian literatur. Hasil penelitian menunjukkan bahwa meskipun terdapat berbagai regulasi, seperti Undang-Undang Nomor 12 Tahun 2012 tentang Pendidikan Tinggi dan peraturan terkait keamanan nasional, implementasinya masih menghadapi kendala dalam koordinasi institusi, pemahaman sivitas akademika, dan mekanisme pengawasan. Penelitian ini menyimpulkan bahwa pencegahan ekstremisme di perguruan tinggi memerlukan harmonisasi antara kebijakan hukum, program pendidikan karakter, dan keterlibatan aktif seluruh pemangku kepentingan untuk menciptakan lingkungan akademik yang aman dan inklusif.
Effectiveness of International Legal Instruments in Preventing and Eradicating Human Trafficking: Palermo Protocol Implementation Study Maharani, Natalia; Widagdo, Setyo; Istiqomah, Milda; Puspitawati, Dhiana; Anditya, Ariesta Wibisono
Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 9 Issue 1 (2026) Volksgeist: Jurnal Ilmu Hukum Dan Konstitusi
Publisher : Faculty of Sharia, Universitas Islam Negeri (UIN) Profesor Kiai Haji Saifuddin Zuhri Purwokerto, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/volksgeist.v9i1.15370

Abstract

Human trafficking is a complex, transnational crime intrinsically linked to human rights violations, requiring a holistic legal response at both international and domestic levels. The Palermo Protocol has served as an essential international legal instrument; yet, it continues to face numerous problems. This research aims to assess the effectiveness of the Palermo Protocol as an international legislative instrument for the prevention and eradication of human trafficking by analyzing its implementation in Indonesia and the Philippines. The research methodology utilized is normative juridical, integrating legislative, conceptual, and comparative legal frameworks. The results indicate that the Palermo Protocol is relatively effective in promoting legal harmonization and establishing institutional frameworks in ratifying nations; yet, it has not completely bridged the gap between international standards and their practical implementation. In Indonesia, fragmented authority, the limited competence of law enforcement officials, and an inadequate integrated data system present substantial obstacles to victim identification and protection. The Philippines, on the other hand, has a more cohesive legal and institutional framework that makes it easier to adopt international norms. However, it still struggles to do so because it relies on external resources and faces structural problems such as poverty, labor migration, and gender inequality. This study finds that the Palermo Protocol works well as a global standard, but it hasn't done much to lower the number of people who are trafficked. Consequently, improving the protocol's effectiveness requires evolving from a passive, normative framework into an active, accountable, victim-centered legal system harmonized with extensive socio-economic policies.
Political Parties and Trading in Influence: A Comparative Study from a Civil Law Perspective in Indonesia and Sri Lanka Ali, Hilmy Faidulloh; Djatmika, Prija; Yuliati, Yuliati; Istiqomah, Milda
Batulis Civil Law Review Vol 7, No 1 (2026): VOLUME 7 ISSUE 1, MARCH 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v7i1.3678

Abstract

Introduction: The phenomenon of trading in influence is a form of political corruption that is difficult to identify because it operates within the realm of power relations that do not always take the form of direct bribery. Political parties in the context of modern democracies often act as mediators between public and economic interests, making them potentially key actors in the practice of trading in influence.Purposes of the Research: This study aims to analyze the involvement of political parties in the practice of trading in influence and compare the effectiveness of regulations and law enforcement in Indonesia and Sri Lanka. Furthermore, this study examines the extent to which the civil legal systems in both countries are able to close legal loopholes that allow for covert political corruption.Methods of the Research: This research uses a normative legal method with a comparative approach, examining legislation, jurisprudence, and international documents related to political corruption. Secondary data was obtained through a study of academic literature, reports from anti-corruption agencies, and a comparative analysis of the implementation of the United Nations Convention Against Corruption (UNCAC) in both jurisdictions, namely Indonesia and Sri Lanka.Results / Main Findings / Novelty/Originality of the Research: The results show that Indonesia and Sri Lanka face similar challenges in enforcing laws against influence peddling due to weak regulations explicitly addressing the practice. However, Indonesia has shown progress in adopting the principles of the United Nations Convention Against Corruption (UNCAC), while Sri Lanka remains limited to an administrative approach without strong criminal sanctions.
ENHANCING VICTIM-CENTERED JUSTICE THROUGH RESTITUTION: A FRAMEWORK FOR VICTIM IMPACT STATEMENTS IN CHILD SEXUAL VIOLENCE CASES Anang Riyan Ramadianto; Milda Istiqomah; Nurini Aprilianda
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 2 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i2.2572

Abstract

This study examines the role of the Victim Impact Statement (VIS) and restitution in safeguarding the rights of child victims of sexual violence within Indonesia’s criminal justice system. The research highlights the importance of VIS in providing victims with a formal avenue to express the physical, emotional, social, and economic impacts of crimes committed against them. The study adopts a normative juridical approach, analyzing statutory regulations and case law to assess the implementation of Supreme Court Regulation (PERMA) No. 1 of 2022. Comparative analysis with legal frameworks from other countries, such as the United States and Australia, underscores the necessity of institutionalizing VIS in Indonesia to align with international best practices. Findings reveal that while PERMA No. 1 of 2022 provides a legal foundation for restitution, significant challenges remain in terms of legal structure, substance, and culture, limiting its effectiveness. The study proposes a standardized VIS model tailored for child sexual violence cases to ensure clarity, consistency, and fairness in judicial decisions. Strengthening the legal framework, providing specialized training, and raising public awareness are crucial steps toward integrating VIS into Indonesia’s justice system. This research contributes to the broader discourse on victim-centered justice, emphasizing the need for systemic reforms to enhance legal protections for child victims.
THE JUSTICE ASPECT OF JUDICIAL CONSIDERATIONS ON THE FULFILLMENT OF VICTIMS’ RIGHTS IN PAST ACTS OF TERRORISM Rizky Kurnia; Prija Djatmika; Milda Istiqomah
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 3 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i3.2733

Abstract

The Constitutional Court Decision Number 103/PUU-XXI/2023 marks a pivotal turning point in the protection of the rights of victims of terrorism, particularly those affected prior to the enactment of Law Number 5 of 2018, who have not yet received adequate legal protection. This paper analyzes the aspect of justice considered by the Constitutional Court judges in fulfilling the rights of past victims of terrorism as reflected in Decision Number 103/PUU-XXI/2023, as well as the conceptual framework for the realization of such rights within the Indonesian criminal justice system. The findings of this study reveal that the element of justice in the Court's reasoning is embodied in a substantive and humanistic approach, which reinforces the state's responsibility to fulfill the constitutional rights of victims of past terrorism acts as a manifestation of human rights protection and the principle of equality before the law. The ideal concept of fulfilling the rights of victims of past acts of terrorism emphasizes restorative justice through recognition, protection, and recovery, supported by a comprehensive legal framework and equitable, implementable policies.
Co-Authors Abdul Madjid Abdul Madjid Ade Putra R 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 Heru Kurniawan I Gde Putu Prema Dhananjaya 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 Natalia 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 Rusli, Hazmi 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 Sugiri, Bambang Tantoi, Lalu Alex Taqwa, Faisal Akbaruddin Theo Sifra AHASIA Usuluddin, Fachruddin Wanto, Alfi Haris Widyaningsih, Aryana Sekar Yanu Romansyah Melvando Yenny Etta Widyanti Yessika Florencia Yuliati - Yuliati Yuliati Yuliati Yuliati Zaldi Nasrudin