Articles
<![CDATA[THE ROLE OF AMICUS CURIAE IN IMPROVING THE QUALITY OF JUDICIAL DECISIONS IN CRIMINAL CASES IN INDONESIA ]]>
<![CDATA[Yessika Florencia]]>;
<![CDATA[Milda Istiqomah]]>;
<![CDATA[Faizin Sulistio]]>
<![CDATA[ International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 5 (2025) ]]>
Publisher : <![CDATA[CV. RADJA PUBLIKA ]]>
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DOI: 10.54443/ijerlas.v5i5.4417
<![CDATA[The criminal justice system in Indonesia has not explicitly regulated the requirements, procedures for submitting, and the position of amicus curiae in the criminal justice system in Indonesia. There are judges who reject the submission of Amicus curiae because there is no procedural law governing it, judges argue that procedural law in the judicial process is very important in realizing legal certainty in Indonesia. Meanwhile, judges who accept amicus curiae applications use Article 5 paragraph (1) of Law No. 48 of 2009 concerning Judicial Power as the basis for accepting amicus curiae in trials. Progressive judges use Amicus curiae in their consideration of their decisions both from a philosophical, juridical and sociological perspective, where the hope is that the judge's decision will not only provide legal certainty but also truly provide a sense of justice and benefit to the parties. This study aims to determine the role of amicus curiae or friends of the judiciary in improving the quality of judges' decisions in the criminal justice system process in Indonesia. This research uses normative juridical method by using statutory approach and comparative approach. The results showed that the existence of amicus curiae can make a positive contribution to the decision of criminal cases in Indonesia. It is time for a regulation regarding the role and position of amicus curiae in the criminal justice system in Indonesia, so that there is an increase in the quality of decisions by accommodating the values of life and development in society.]]>
<![CDATA[RECONSTRUCTION OF A REHABILITATION APPROACH FOR VICTIMS OF DRUG ABUSE WITH COMMUNITY-BASED INTERVENTION WITH JUSTICE VALUES ]]>
<![CDATA[Kevin Krissentanu Winner]]>;
<![CDATA[Milda Istiqomah]]>;
<![CDATA[Bambang Sugiri]]>
<![CDATA[ International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 6 (2025) ]]>
Publisher : <![CDATA[CV. RADJA PUBLIKA ]]>
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DOI: 10.54443/ijerlas.v5i6.4670
<![CDATA[The method of handling victims of drug abuse can be done through community-based rehabilitation with therapy methods using a psychosocial approach. Community-based Social Rehabilitation still faces challenges in its implementation. The purpose of this study is to reconstruct the rehabilitation approach for victims of drug abuse with community-based interventions with justice values in order to provide legal protection to victims of drug abuse and reform the Indonesian narcotics criminal law . The research method used is legal research with a statutory regulatory approach, a comparative approach, and a conceptual approach. Based on the research that has been done, it is known that regulations regarding the rehabilitation of victims of drug abuse with a community-based intervention approach still require synchronization of cooperation between the National Narcotics Agency and Regional Governments. because the implementation of community-based interventions without involving Regional Apparatus Organizations causes suboptimal gradual handling programs for victims of drug abuse. In addition, there is an urgency to carry out reconstruction based on the principle of justice referring to the purpose of rehabilitation as treatment or care for drug addicts, so that addicts can recover from their addiction to narcotics.]]>
<![CDATA[THE PARADOX OF CHILD SENTENCING IN MURDER CASES: CRITIQUING THE 'BEST INTERESTS OF THE CHILD' PRINCIPLE IN INDONESIAN COURTS. ]]>
<![CDATA[Denny Ardian Priambodo]]>;
<![CDATA[Nurini Aprilianda]]>;
<![CDATA[Milda Istiqomah]]>
<![CDATA[ Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 1 (2026): March ]]>
Publisher : <![CDATA[PT. Radja Intercontinental Publishing ]]>
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DOI: 10.5281/zenodo.21157721
<![CDATA[Criminal offenses are no longer committed only by adults, but also by children, along with the development of technology and social dynamics. Indonesia, through Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, provides protection for children in conflict with the law. However, in practice there are still court decisions considered not to have fully applied the principle of the best interests of the child, such as the decision of the Penajam District Court imposing a 20-year sentence and the Lamongan District Court imposing an 11-year sentence. This research is a normative juridical study using a statutory and conceptual approach through library research. The results show that: (1) judges’ considerations are based on both juridical and non-juridical aspects; (2) the application of the best interests of the child principle has not been consistent and has not been fully oriented toward social reintegration; (3) sentencing that is not in accordance with the provisions of the Juvenile Criminal Justice System Law has the potential to damage the child’s future and hinder the fulfillment of the child’s rights, in line with Arif Gosita’s concept of child protection. By examining these two decisions, it becomes important to emphasize that it is recommended to optimize restorative justice, improve the quality of guidance and rehabilitation in Juvenile Development Institutions and Correctional Centers, and strengthen inter-agency collaboration, including the active involvement of child psychologists in court proceedings.]]>
<![CDATA[Regulation of The Analysis of Suspicious Financial Transactions as Documentary Evidence ]]>
<![CDATA[Ade Putra R]]>;
<![CDATA[Yuliati Yuliati]]>;
<![CDATA[Yenny Etta Widyanti]]>;
<![CDATA[Milda Istiqomah]]>
<![CDATA[ INTERNATIONAL JOURNAL ON LANGUAGE, RESEARCH AND EDUCATION STUDIES Vol 9, No 2 (2025): International Journal on Language, Research (Law) Education Studies ]]>
Publisher : <![CDATA[State Islamic University of North Sumatra Indonesia ]]>
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DOI: 10.47006/ijlres.v9i2.28165
<![CDATA[The handling of money laundering cases in Indonesia reveals a normative tension between evidentiary rules and the confidentiality regime governing financial intelligence. Financial Transaction Analysis Reports issued by the Indonesian Financial Transaction Reports and Analysis Center (PPATK) contain strategic information essential for tracing illicit financial flows, yet their evidentiary status remains contested due to statutory obligations to protect the identity of reporting parties. This study examines the legal position of financial intelligence reports within the Indonesian criminal justice system, particularly in relation to documentary evidence recognized under money laundering legislation. Employing a normative juridical method with statutory and conceptual approaches, the research analyzes relevant laws, judicial practices, and doctrinal interpretations governing evidence in money laundering prosecutions. The findings demonstrate that while money laundering laws formally recognize documents as valid evidence, financial intelligence reports are functionally constrained by confidentiality provisions, limiting their direct use in evidentiary proceedings. This legal ambiguity generates uncertainty in law enforcement practices and raises concerns regarding procedural fairness and legal certainty. The study concludes that a clearer regulatory framework is required to reconcile evidentiary needs with confidentiality obligations, ensuring both effective prosecution and protection of reporting entities.]]>
<![CDATA[The Concept of State Financial Loss Recovery Reviewed from the Perspective of the Judex Factie Court's Considerations ]]>
<![CDATA[Zaldi Nasrudin]]>;
<![CDATA[Setiawan Noerdajasakti]]>;
<![CDATA[Milda Istiqomah]]>
<![CDATA[ INTERNATIONAL JOURNAL ON LANGUAGE, RESEARCH AND EDUCATION STUDIES Vol 9, No 2 (2025): International Journal on Language, Research (Law) Education Studies ]]>
Publisher : <![CDATA[State Islamic University of North Sumatra Indonesia ]]>
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DOI: 10.47006/ijlres.v9i2.25454
<![CDATA[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.]]>
<![CDATA[Discourse on the Death Penalty: A Study of Public Perceptions in Indonesia ]]>
<![CDATA[Djatmika, Prija]]>;
<![CDATA[Istiqomah, Milda]]>;
<![CDATA[Kurniawan, Heru]]>
<![CDATA[ Yustisia Vol 13, No 1: April 2024 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Sebelas Maret ]]>
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DOI: 10.20961/yustisia.v13i1.81938
<![CDATA[The current debate over the death penalty between the retentionist and abolitionist groups is addressed in Decision Number 2-3/PUU-V/2007 of Indonesia, establishing a middle ground. Originally, the death penalty was a primary punishment in the Old Criminal Code but is now reserved as a last resort in the New Criminal Code. Therefore, this research aimed to analyze public perspectives on the death penalty in Indonesia using mixed methods with data collection through questionnaires. The research showed continued contention over the regulation of the death penalty. A large percentage of participants expressed support for maintaining the death punishment, indicating a retentionist viewpoint. Nevertheless, quite a few of the participants supported the abolition. Indonesia should reconsider the regulation of the death penalty for certain offences as Malaysia, even though the punishment in the New Criminal Code was classified as an alternative sanction because the death penalty was an irreversible punishment.]]>
<![CDATA[The Harm Principle as a Basis for the Criminalization of Match Fixing in Football Competitions ]]>
<![CDATA[Emmilia Rusdiana]]>;
<![CDATA[Abdul Madjid]]>;
<![CDATA[Milda Istiqomah]]>
<![CDATA[ Ius Poenale Vol. 6 No. 1 (2025) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Lampung ]]>
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DOI: 10.25041/ip.v6i1.4423
<![CDATA[The credibility of football has been repeatedly questioned due to allegations of bribery and related violations, as reflected in judicial decisions such as Case No. 51/Pid.Sus/2019/PN.Bnr, which established bribery as the initial act in match fixing. This study, employing normative legal research with legislative and conceptual approaches and analyzed through philosophical interpretation, examines match fixing through the principle of loss as the basis for its criminalization. The findings show that bribery constitutes a mala in se offense, inherently wrongful in nature, and that the principle of loss satisfies the indicators of criminalization by recognizing both material and immaterial harm to society. These results confirm that bribery, with identifiable victims in the community, underlies the complexity of match fixing and provide new insights to raise public awareness..]]>
<![CDATA[Doubts about the Strength of Financial Intelligence Documents as Evidence in Money Laundering Crimes ]]>
<![CDATA[Ade Putra R]]>;
<![CDATA[Yuliati Yuliati]]>;
<![CDATA[Yenny Etta Widyanti]]>;
<![CDATA[Milda Istiqomah]]>
<![CDATA[ INTERNATIONAL JOURNAL ON LANGUAGE, RESEARCH AND EDUCATION STUDIES Vol 10, No 1 (2026): International Journal on Language, Research (Law) Education Studies ]]>
Publisher : <![CDATA[State Islamic University of North Sumatra Indonesia ]]>
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DOI: 10.47006/ijlres.v10i1.29336
<![CDATA[Based on the principle of legality, valid evidence in handling money laundering cases in Indonesia is one of them in the form of documents. The financial intelligence document issued by the Financial Intelligence Unit (FIU) is one of the documents that has been regulated in the provisions of the legislation which is a valid evidence. Recently, cases of Money Laundering Crimes (TPPU) that have occurred in Indonesia, such as cases involving insurance corporations, namely the case of PT Jiwasraya Insurance and PT Asabri Insurance, which used the capital market as a means to launder money from the predicate crime. This study aims to demonstrate by explaining the valid evidence in handling money laundering cases in Indonesia. The method used is normative juridical based on legal analysis and cases, this study found legal ambiguity related to the provisions of Article 73 of Law Number 8 of 2010 concerning the Prevention and Eradication of Money Laundering Crimes (PPTPPU Law). This study provides the conclusion that the harmonization of regulations that are open to multiple interpretations is needed so that law enforcement officers do not hesitate in applying these rules.]]>
<![CDATA[Analisis Yuridis Pencegahan Ekstremisme di Lingkungan Perguruan Tinggi Indonesia ]]>
<![CDATA[Bunga Veronika Milania]]>;
<![CDATA[Milda Istiqomah]]>
<![CDATA[ Sosiora Vol. 3 No. 2 (2025) ]]>
Publisher : <![CDATA[AJI Research and Publication ]]>
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DOI: 10.65260/sosiora.v3i2.31
<![CDATA[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.]]>
<![CDATA[Are Judges Listening? Rethinking Sentencing in Child Sexual Violence through Victim Impact Statements in Indonesia ]]>
<![CDATA[Anang Riyan Ramadianto]]>;
<![CDATA[Milda Istiqomah]]>;
<![CDATA[Nurini Aprilianda]]>
<![CDATA[ Jurnal Dinamika Hukum Vol 25 No 2 (2025) ]]>
Publisher : <![CDATA[Faculty of Law Universitas Jenderal Soedirman ]]>
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DOI: 10.20884/1.jdh.2025.25.2.15724
<![CDATA[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.]]>
