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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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THE PARADOX OF CHILD SENTENCING IN MURDER CASES: CRITIQUING THE 'BEST INTERESTS OF THE CHILD' PRINCIPLE IN INDONESIAN COURTS. Denny Ardian Priambodo; Nurini Aprilianda; Milda Istiqomah
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 1 (2026): March
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.21157721

Abstract

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.
Regulation of The Analysis of Suspicious Financial Transactions as Documentary Evidence Ade Putra R; Yuliati Yuliati; Yenny Etta Widyanti; Milda Istiqomah
INTERNATIONAL JOURNAL ON LANGUAGE, RESEARCH AND EDUCATION STUDIES Vol 9, No 2 (2025): International Journal on Language, Research (Law) Education Studies
Publisher : State Islamic University of North Sumatra Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/ijlres.v9i2.28165

Abstract

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.
The Concept of State Financial Loss Recovery Reviewed from the Perspective of the Judex Factie Court's Considerations Zaldi Nasrudin; Setiawan Noerdajasakti; Milda Istiqomah
INTERNATIONAL JOURNAL ON LANGUAGE, RESEARCH AND EDUCATION STUDIES Vol 9, No 2 (2025): International Journal on Language, Research (Law) Education Studies
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.
Discourse on the Death Penalty: A Study of Public Perceptions in Indonesia Djatmika, Prija; Istiqomah, Milda; Kurniawan, Heru
Yustisia Vol 13, No 1: April 2024
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v13i1.81938

Abstract

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.
The Harm Principle as a Basis for the Criminalization of Match Fixing in Football Competitions Emmilia Rusdiana; Abdul Madjid; Milda Istiqomah
Ius Poenale Vol. 6 No. 1 (2025)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/ip.v6i1.4423

Abstract

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..
Doubts about the Strength of Financial Intelligence Documents as Evidence in Money Laundering Crimes Ade Putra R; Yuliati Yuliati; Yenny Etta Widyanti; Milda Istiqomah
INTERNATIONAL JOURNAL ON LANGUAGE, RESEARCH AND EDUCATION STUDIES Vol 10, No 1 (2026): International Journal on Language, Research (Law) Education Studies
Publisher : State Islamic University of North Sumatra Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/ijlres.v10i1.29336

Abstract

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.
Analisis Yuridis Pencegahan Ekstremisme di Lingkungan Perguruan Tinggi Indonesia Bunga Veronika Milania; Milda Istiqomah
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.
Are Judges Listening? Rethinking Sentencing in Child Sexual Violence through Victim Impact Statements in Indonesia Anang Riyan Ramadianto; Milda Istiqomah; Nurini Aprilianda
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.
Graduated Capacity for Responsibility of Children Under Twelve in the Indonesian Juvenile Criminal Justice System: : A Mental-Capacity-Based Reformulation Syakhiya Aprilia Wardani; Milda Istiqomah; Faizin Sulistio
International Journal of Business, Law, and Education Vol. 7 No. 1 (2026): 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.v7i1.1478

Abstract

Indonesian juvenile criminal law treats children below the age of twelve as outside the category of children in conflict with the law and restricts the available legal response to non-penal measures. Article 21 of Law No. 11 of 2012 on the Juvenile Criminal Justice System, together with Government Regulation No. 65 of 2015, allows the return of such children to their parents or guardians, or their placement in education, guidance, or social-welfare programmes. This model protects young children from punitive criminalization, but it also creates a normative difficulty when an under-twelve child commits a serious unlawful act, including sexual violence or homicide, because the law provides no meaningful gradation based on the gravity of the act, the child's individual mental capacity, or the victim's need for justice and protection. This article applies normative juridical research using statutory, conceptual, and policy-oriented approaches. It analyses Indonesian child justice law through the doctrine of fault, Jean Piaget's theory of cognitive and moral development, contemporary developmental science, and international child-rights standards. The article argues that chronological age remains indispensable as a protective threshold, but it should not operate as the sole determinant of legal response. A new category of diminished legal responsibility is proposed for children under twelve who are shown, through multidisciplinary assessment, to possess cognitive and moral understanding beyond their biological age. The category should not authorize imprisonment or criminal conviction. Instead, it should enable proportionate, restorative, rehabilitative, and victim-sensitive measures tailored to the child's maturity, risk profile, family environment, and the seriousness of the unlawful act.
Criminal Liability and the Non Punishment Principle for Trafficking Victims in Indonesia Natalia; Setyo Widagdo; Milda Istiqomah; Dhiana Puspitawati
Jurnal IUS Kajian Hukum dan Keadilan Vol. 14 No. 1 (2026): Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v14i1.1820

Abstract

 The non-punishment principle for trafficking victims is recognized in Article 18 of Law Number 21 of 2007 on the Eradication of the Crime of Trafficking in Persons, which stipulates that victims who commit criminal acts as a result of coercion by traffickers shall not be subject to punishment. However, this provision does not clearly define the doctrinal parameters of coercion, nor does it explain how criminal liability should be assessed when an unlawful act is committed within conditions of exploitation, dependence, intimidation, or constrained autonomy. This article examines the relationship between criminal liability and the non-punishment principle for trafficking victims in Indonesia. It employs normative legal research by analyzing statutory regulations, criminal law doctrine, international instruments, and relevant scholarly literature. The study finds that the non-punishment principle should not be understood merely as a procedural exemption from punishment, but rather as a doctrinal mechanism for excluding culpability where the victim’s conduct is directly connected to trafficking-related coercion. It further argues that Indonesian law requires a more clearly articulated framework for assessing coercion, including the causal relationship between trafficking and the offense, the degree of the victim’s constrained autonomy, and the evidentiary burden borne by victims. The contribution of this article lies in proposing a more precise doctrinal approach to distinguishing punishable conduct from victimization-driven conduct in trafficking cases, thereby ensuring that Article 18 functions as an effective instrument of victim protection rather than a formal guarantee that remains difficult to implement in practice.
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