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All Journal Qistie: Jurnal Ilmu Hukum AL-SULTHANIYAH Pandecta : Jurnal Penelitian Ilmu Hukum (Research Law Journal) Jurnal Pengabdian Hukum Indonesia Indonesian State Law Review (ISLRev) Contemporary Issues on Interfaith Law and Society Law Research Review Quarterly Indonesian Journal of Counter Terrorism and National Security
Muhammad Azil Maskur
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Education Law, Crime, Criminology & Criminal Justice

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MENELISIK TINDAK PIDANA YANG BERKAITAN DENGAN KERAHASIAAN INTELIJEN NEGARA Muhammad Azil Maskur
Qistie Jurnal Ilmu Hukum Vol 10, No 2 (2017): Qistie Jurnal Ilmu Hukum
Publisher : Fakultas Hukum Universitas Wahid Hasyim

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31942/jqi.v10i2.2072

Abstract

Tindak pidana yang terkait dengan intelijen negara telah diatur dalam KUHP dan Undang-undang Nomor 17 Tahun 2011 tentang Intelijen Negara. Pengaturan dalam KUHP bersifat umum terbingkai dalam bab yang terkait dengan kejahatan terhadap keamanan negara dan bab yang terkait dengan membuka rahasia negara. Sedangkan pengaturan dalam UU Intelijen Negara bersifat khusus yang diatur dalam Pasal 44, 45, 46 dan 47. Pidana maksimal yang dapat dijatuhkan adalah 10 tahun penjara dan dapat ditambah 1/3 jika dilakukan oleh intelijen negara dalam keadaan perang. Ada beberapa kelemahan yuridis pengaturan tindak pidana terkait intelijen negara tersebut, sehingga perlu ada pembenahan dalam kebijakan formulasi pada masa yang akan datang. Pembaharuan tersebut terkait dengan kualifikasi delik, pengaturan terkait permufakatan jahat, pengaturan pidana jika tidak dibayar oleh korporasi. Kata kunci: tindak pidana, intelijen negara.
Renewal of Criminal Provisions in the Employment Cluster Job Creation Law Ratih Damayanti; Masyhar, Ali; Rodiyah, Rodiyah; Muhammad Azil Maskur; Ahmad Gelora Mahardika; Putri Balqis Nuril Hakim
Indonesian State Law Review Vol. 8 No. 1 (2025): Indonesian State Law Review, April 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/islrev.v8i1.19288

Abstract

This study aims to analyze the reform of criminal provisions in the Job Creation Law concerning labor. The amendments, which eliminate and modify criminal provisions, raise concerns about the potential erosion of legal enforcement regarding labor rights violations. This research employs a normative legal approach, focusing on conceptual frameworks and legislative regulations. Data were collected through literature review from primary legal sources, including relevant labor laws, and secondary sources such as legal books and journals. The findings indicate that while the reform of criminal provisions has positive impacts, it also presents negative consequences due to the regulation of these provisions outside the labor law framework. This duality underscores the need for careful consideration in balancing legal protections for workers with the objectives of efficient law enforcement in the evolving labor landscape.
Legal Protection for Underage Rape Victims Who Experience Forced Marriage With The Perpetarator Tristan, Jose; Muhammad Azil Maskur
Law Research Review Quarterly Vol. 11 No. 2 (2025): Contemporary Issues in Crime and Justice
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/llrq.v11i2.27199

Abstract

Forced marriage, particularly involving underage victims of sexual violence, remains a pressing issue in Indonesia’s legal and human rights landscape. Despite the enactment of Law No. 12 of 2022 on Sexual Violence Crimes, which criminalizes forced and child marriage—including those justified by cultural traditions—challenges persist in enforcement and victim protection. This study examines the legal safeguards available to child rape victims forced into marriage with their perpetrators, evaluates the effectiveness of Indonesia’s legal system in addressing sexual violence, and explores necessary legal reforms to enhance justice for survivors. By applying a normative descriptive approach, this research identifies gaps in policy, law enforcement, and institutional support, emphasizing the need for stronger victim protection mechanisms, law enforcement consistency, and multi-sector collaboration to ensure comprehensive recovery and justice
Juvenile Justice in Comparative Perspective: A Study of Indonesian State Law and Islamic Law Adrian Hadiputra; Muhammad Azil Maskur; Arifin, Ridwan; Ikram Amrullah; Hibatullah Maajid
Contemporary Issues on Interfaith Law and Society Vol. 3 No. 2 (2024): Law, Morality, and Identity in Muslim Societies: A Contemporary Legal Discourse
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ciils.v3i2.31396

Abstract

This study examines juvenile justice systems through a comparative analysis between Indonesian State Law and Islamic Law, focusing on the treatment and legal protection of juvenile offenders. The Indonesian legal framework, which follows a secular approach, offers specific regulations for juvenile justice under the Juvenile Justice System Law (No. 11 of 2012). This law emphasizes rehabilitation and diversion, ensuring that juvenile offenders are treated differently from adults, with a focus on reintegration into society. In contrast, Islamic law, rooted in the principles of Sharia, offers a distinct approach to juvenile justice. While Islamic law does not have a unified legal code for juvenile offenders, its application emphasizes the protection of minors from harsh punishments and prioritizes their rehabilitation. Islamic legal scholars agree on the importance of age and maturity in determining the level of responsibility for a juvenile’s actions. The concept of "ta'zir" (discretionary punishment) plays a significant role in ensuring that juvenile offenders are treated with fairness, aiming at their moral and social reform. This comparative study highlights the similarities and differences between the two legal systems in addressing juvenile crime, considering the broader cultural and legal contexts that shape juvenile justice policies in Indonesia and Islamic law. The paper explores how these legal frameworks balance punishment with rehabilitation and the role of community involvement in reforming juvenile offenders. The study contributes to understanding the potential for cross-jurisdictional insights in improving juvenile justice practices, emphasizing the need for a more unified and human-centric approach in dealing with young offenders.
Penal Policy: Decriminalization of Election Crimes in Indonesia Muhammad Azil Maskur; Pujiyono; Irma Cahyaningtyas; Fikri, Wildan Azkal; Zadataqi, Faikar Sir
Pandecta Research Law Journal Vol. 19 No. 2 (2024): December, 2024
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.v19i2.8831

Abstract

Several election crime articles in Law No. 7/2017 are suspected of causing injustice to subjects who commit election infractions, particularly civil servants, village heads, and election organizers. The potential for injustice arises because the imposition of election crimes on civil servants, village heads, and election organizers causes all three to receive double jeopardy, although double jeopardy is contrary to the constitution and human rights, meaning that enacting election crimes is unfair to all three. These intrigues should be resolved immediately to achieve legal justice for all three. To answer these dynamics, further research needs to be carried out to find out where the injustice lies and the appropriate solution to overcome it. This research utilizes normative legal or doctrinal to examine injustice and find appropriate advisers. The penal policy approach is the right measure to eliminate injustice in election crime articles in Law No. 7/2017. This injustice is precisely in Articles 490, 494, and 546 of Law No. 7/2017 which regulates criminal sanctions for civil servants, village heads, and election organizers who commit election crimes. Decriminalization of Articles 490, 494, and 546 of Law No. 7/2017 needs to be applied because the application of these three articles has caused civil servants, villages, and election organizers to receive double jeopardy, while double jeopardy is contrary to the constitution and human rights so that the application of these three articles is real injustice.
School of D-RAD : An Effort of Deradicalization for Former Terrorism Convict Masyhar, Ali; Muhammad Azil Maskur; Pawenang, Eram Tunggul; Nadhira Madania Dimarti; Azam, Muhammad
Indonesian Journal of Legal Community Engagement Vol. 8 No. 2 (2025): July-December, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jphi.v8i2.34458

Abstract

This community service is designed to help “Yayasan Persaudaraan Anak Negeri” (Persadani), a Semarang-based foundation comprised of former terrorism convicts, actively engaged in deradicalization efforts. The main issue that is faced by Yayasan Persadani is that there has not been a systematic program to help them in the deradicalization and social reintegration process. Moreover, the lack of religion-based moderation approaches to support deradicalization caused a challenge in preventing them from returning to the radical networks. Yayasan Persadani also faced the lack of a curriculum that is suitable for the life skills of the members and a continuous psychosocial support. School of D-RAD was offered as a solution to those challenges. The School of D-RAD functions as a training hub for the deradicalization of terrorism ex-convicts, assisting 10 participants in their rehabilitation process. It has 3 main programs which are, Religious Moderation Education, Ideological Rehabilitation, Psychological Support with Social Stigma Reduction, as well as Role-Playing and Anti-Radicalism Educational Games. The output target for this activity are, A publication in accredited national scientific journal; A news report on electronic/mass media; a video report of the activity on youtube; and copyright. The expected outcome of this program includes of the hope that the creation of School of D-RAD will be a place for deradicalization, empowerment, the participant’s increased understanding in the religion moderation values for ex-terrorism convicts.
Transformation of the Public Prosecution Service as the Supervisory Authority for Community Service Orders Under the National Criminal Code Sasqia Putri Ramadhani; Muhammad Azil Maskur
Law Research Review Quarterly Vol. 11 No. 4 (2025): Articles in press
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lrrq.v11i4.42611

Abstract

The enactment of Law No. 1 of 2023 (National Criminal Code/KUHP), replacing the colonial-era Criminal Code, marks a significant transformation for the Prosecutor’s Office. The institution must now shift from only executing imprisonment sentences to actively supervising community service punishments in public spaces. The prosecutor’s authority to execute court decisions is reaffirmed in recent regulations, including Article 349 paragraph (2) of Law No. 20 of 2025 on the Criminal Procedure Code (KUHAP). Nevertheless, the lack of comprehensive technical guidelines for the supervisory mechanism continues to pose ongoing challenges. This issue was examined through normative legal research with statutory and comparative approaches to assess the regulatory framework and the prosecutor’s role in executing final and binding (inkracht) court decisions. While a Prosecutor General’s Guideline exists, supervision regulations are broad and lack a specific mechanism for enforcing community service orders. The current system combines community service supervision with conditional punishment and probation, yet still treats community service as a separate category, despite its weaker implementation. The lack of supervision outside working hours increases the risk that offenders may avoid oversight, making the system overly dependent on their good faith. 
Changes in Minimum Criminal Sanctions for Corruption Offenses in the National Criminal Code Based on the Perspective of the Purpose of Punishment Imelia Damai Agusthin; Muhammad Azil Maskur
Law Research Review Quarterly Vol. 11 No. 4 (2025): Articles in press
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lrrq.v11i4.42675

Abstract

The National Criminal Code brings about a paradigm shift in punishment from retributive justice to restorative justice, which emphasizes recovery. Through the process of recodification of criminal law, a number of provisions on corruption in the Anti-Corruption Law were revoked and re-regulated in the National Criminal Code. However, the new regulations have sparked debate due to changes in the minimum prison sentence. There are concerns that this change will weaken the severity of criminal punishment for corruption, which has been understood as a crime that harms the public interest. Based on this background, this paper examines the factors behind the changes to the minimum criminal sanctions for corruption in the National Criminal Code and analyzes these changes from the perspective of the objectives of criminal punishment in Indonesia. This study uses the normative legal research method (doctrinal research) with a statute approach and a conceptual approach. The results of the discussion show that the changes in minimum criminal sanctions were driven by a number of factors, including philosophical, sociological, and juridical factors. The objectives of punishment in the National Criminal Code are aimed at protecting the community and rehabilitating perpetrators, the changes to the minimum penalties for corruption, although designed to create balance, tend to shift the focus towards rehabilitation, thereby risking weakening the protection of society if not accompanied by the recovery of state losses, the application of additional sanctions, consistency in verdicts, and improvements to the rehabilitation system, which still faces structural and cultural problems.
The Legal Politics of Regulating Special Terrorism Crimes under Law No. 1 of 2023 on the Criminal Code: Politik Hukum Pengaturan Tindak Pidana Terorisme Khusus dalam UU No. 1 Tahun 2023 tentang KUHP Indraswara, Dede; Wulandari, Cahya; Muhammad Azil Maskur; Aisyah Nur Rafidah
Indonesian Journal of Counter Terrorism and National Security Vol. 4 No. 1 (2025): January-June, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijctns.v4i1.3480

Abstract

Legal politics in the context of criminal law must be analyzed seriously, both in relation to material criminal law and formal criminal law. Law No. 5 of 2018 concerning Terrorism Crimes and Law No. 9 of 2013 concerning Terrorism Financing Crimes underwent changes after the enactment of Law No. 1 of 2023 concerning the Criminal Code (Indonesian Criminal Code). This amendment includes a bridge article relating to criminal acts of terrorism within the Criminal Code, which thus has implications for the elaboration of general and special rules. The purpose of this research is to find out how to use logical (Logische Specialiteit) or systematic (Systematische Specialiteit) specialties in interpreting this matter. The method used is juridical-normative with an analytical and conceptual approach based on various legal literature. This research obtained 2 (two) results, namely an explanation of the rules against terrorism in Indonesian positive law and an explanation of the bridging article in the reform of the Indonesian Criminal Code with logical specificity. So it is concluded that the regulation of special terrorism regulations in the Criminal Code does not mean that it weakens the Special Law, but instead strengthens these special regulations in the future if there is a criminal act of terrorism.
Juridical Analysis of the Double Track System in Countering Terrorism Acts In Indonesia: Analisis Yuridis Terhadap Double Track System Dalam Penanggulangan Tindak Pidana Terorisme Di Indonesia Wiratama, Kukuh Satria; Muhammad Azil Maskur; Shofriya Qanitatin Abidah
Indonesian Journal of Counter Terrorism and National Security Vol. 4 No. 1 (2025): January-June, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijctns.v4i1.26407

Abstract

Terrorism has become a serious concern crime in Indonesia, where the methods of countering it through law enforcement are currently faced with a number of challenges. Countering terrorism is faced with the situation of rapid development of modern terrorism and the contradiction between the need to handle terrorism as holistically as possible with existing regulations and a shift in the paradigm of modern law. This study aims to analyze the regulation of terrorism crimes in Indonesia from the perspective of a double track system in imposing sanctions. This research is also intended to identify and elaborate on the need to reform the penal policy to counter terrorism through the application of a pattern of imposing sanctions with a double track system for terrorism act. The method used in this study is doctrinal legal reasearch using a statutory approach and conseptual approach. The results obtained through this research are that the double track system has not been used and is firmly stated as a pattern for imposing sanctions for terrorism crimes in Indonesia. Furthermore, the double track system in imposing sanctions for terrorism crimes can be an idea for reforming penal policies in effective and holistic countermeasures of terrorism. The implementation of the double track system is based on the need for the law to respond to the development of terrorism, increase the effectiveness of the Terrorism Law, and adjust the paradigm of modern law.
Co-Authors Adrian Hadiputra Ahmad Gelora Mahardika Aisyah Nur Rafidah Ali Masyhar Cahya Wulandari Eram Tunggul Pawenang Fikri, Wildan Azkal Hibatullah Maajid Ikram Amrullah Imelia Damai Agusthin Indraswara, Dede Irma Cahyaningtyas Morena asmara Muhammad Azam Nadhira Madania Dimarti Pujiyono Putri Balqis Nuril Hakim Ratih Damayanti Ridwan Arifin Rodiyah - Sasqia Putri Ramadhani Shofriya Qanitatin Abidah Tristan, Jose Wiratama, Kukuh Satria Zadataqi, Faikar Sir