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All Journal Jurnal Dinamika Hukum Brawijaya Law Journal : Journal of Legal Studies Arena Hukum Jurnal Media Hukum Rechtsidee Jurnal Cakrawala Hukum Jurnal Hukum IUS QUIA IUSTUM PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Pembaharuan Hukum Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Unram Law Review INDONESIAN JOURNAL OF CRIMINAL LAW STUDIES Jurnal Penelitian Hukum De Jure Jurnal Ilmiah Hukum LEGALITY SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam Varia Justicia Jambura Law Review Nurani Hukum : Jurnal Ilmu Hukum Syntax Idea ADIL : Jurnal Hukum JURNAL USM LAW REVIEW Journal of Social Science Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences Risalah Hukum NOMOI Law Review Jurnal Penegakan Hukum dan Keadilan Indonesian Journal of Law and Society International Journal of Environmental, Sustainability, and Social Science International Journal of Business, Law, and Education YURISDIKSI : Jurnal Wacana Hukum dan Sains International Journal of Educational Review, Law And Social Sciences (IJERLAS) NEGREI: Academic Journal of Law and Governance Audito Comparative Law Journal (ACLJ) Journal of Asian Social Sciences Research International Journal of Science and Society (IJSOC) Jurnal Multidisiplin Madani (MUDIMA) International Journal of Humanities Education and Social Sciences International Journal of Islamic Education, Research and Multiculturalism (IJIERM) PATTIMURA Legal Journal Jurnal Hukum dan Peradilan Indonesia Law Reform Journal (ILREJ) Journal of Social Science Mahadi : Indonesia Journal of Law RechtIdee Jurnal Hukum dan Pembangunan SASI Asian Journal of Management, Entrepreneurship and Social Science Journal of International Islamic Law, Human Right and Public Policy Jurnal Dinamika Hukum Indonesian Journal of Criminal Law Studies
Nurini Aprilianda
Universitas Brawijaya
Religion Aerospace Engineering Agriculture, Biological Sciences & Forestry Arts Humanities Automotive Engineering Chemical Engineering, Chemistry & Bioengineering Chemistry Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Health Professions Immunology & microbiology Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Neuroscience Physics Social Sciences Other

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Pembatasan Usia Pertanggungjawaban Pidana Anak dalam Peraturan Perundang-Undangan Satya Prema, I Ketut Arjuna; Ruba'i, Masruchin; Aprilianda, Nurini
Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Vol 4, No 2 (2019): Desember 2019
Publisher : Universitas Negeri Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (269.663 KB) | DOI: 10.17977/um019v4i2p232-241

Abstract

This article aims to discuss the age of criminal responsibility of children according to statutory regulations in Indonesia and the legis ratio of determining the age of child responsibility according to Law Number 11 of 2012 concerning the Criminal Justice System for Children. The study uses normative legal research with a statutory approach. The results of the study show that three regulations are governing the age limit for a child to be held criminally responsible, namely the Criminal Code Act, Law Number 3 of 1997 concerning Juvenile Court, Law Number 11 of 2011 concerning the Criminal Justice System for Children. These three regulations differ in determining the minimum limit for a child to be held liable for criminal liability. Psychological, sociological, and pedagogical aspects are the base for the ratio of the legal determination of the minimum age of 12 years in the Criminal Justice System for Children. 
Pidana Penjara Untuk Anak Pelaku Tindak Pidana Terorisme dalam Perspektif Perlindungan Anak Purnomo, Didik; Djatmika, Prija; Aprilianda, Nurini
Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Vol 7, No 1 (2022): Maret 2022
Publisher : Universitas Negeri Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (322.263 KB) | DOI: 10.17977/um019v7i1p8-18

Abstract

This study aimed to analyze imprisonment for children who were perpetrators of terrorism crimes and legal protection for children who were perpetrators of terrorism crimes based on statutory regulations. The study was analyzed qualitatively using a statutory approach and a case approach with a normative juridical type of research. The study results showed that imprisonment for children who were perpetrators of terrorism criminal in the Juvenile Criminal Justice System Act was not prohibited but must be used as a last resort and in the shortest time. Legal protection for children involved in criminal acts of terrorism in the Child Criminal Justice System Act was in line with the Child Protection Act, which considered special protection for children who were perpetrators of terrorism crimes by emphasizing rehabilitation through deradicalization guided by religious education, Pancasila education, values of nationalism and guidance on the dangers of terrorism.
Legal Protection Strategies for Child Adoption Without a Court Order: A Comparative Study of Indonesia, USA and Malaysia Imtina, Salma Salsabila; Aprilianda, Nurini; Widyanti, Yeni Eka
NEGREI: Academic Journal of Law and Governance Vol. 4 No. 1 (2024)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/negrei.v4i1.10092

Abstract

This study conducts a comprehensive examination of the frameworks designed to protect the rights of children adopted informally, without judicial oversight. It focuses specifically on the mechanisms that support their legal recognition and inheritance rights within adoptive families. Employing a normative research approach, the paper investigates the legal challenges arising from the lack of clear statutory provisions for these children's protection. Primary legal sources including the Child Protection Law, Law Number 25 of 2014, which revises Law Number 23 of 2002, and Government Regulation Number 54 of 2007 concerning Child Adoption procedures are analyzed. Further insights are derived from secondary sources such as the Minister of Social Affairs Regulation Number 3 of 2018, which describes the protocols for monitoring and reporting on the child adoption process. The study identifies three potential strategies to safeguard the interests of informally adopted children: formalization of adoption through notarial deeds, securing inheritance rights through wills, and maximizing protection under national child welfare laws. These measures offer vital safeguards for these children, particularly in securing inheritance claims and preventing disputes. The findings highlight the need for explicit legal frameworks to ensure the welfare and rights of children adopted outside formal judicial systems.
Dual Empire of Penal System Tanaem, Jerymia Seky; Al-Uyun, Dhia; Aprilianda, Nurini
Indonesian Journal of Law and Society Vol 5 No 1 (2024): Social Justice in Transition: A Global Perspectives
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ijls.v5i1.43718

Abstract

This study aimed to determine and analyze the "Ratio Decidendi" of Military judges at the Surabaya High Military Court III in deciding case Number 5K /PMT.III/AD/I/2022 against perpetrators of budget abuse by Military officials. The research method used by the author is a normative legal research method, by conducting research synchronization, systematics, and legal comparisons. The writer uses this type of normative legal research because, in formulating the problem, the writer emphasizes ratio decidendi to Military court decisions for misuse of budget management. This was influenced by the fact that Military Defendants who committed acts of misusing billions of rupiah in the budget were only sentenced to "Abuse of Power,” which refers to the Indonesian Military Code, with three months and twenty days in prison. In contrast to the main element, every person benefits himself and others or a corporation by abusing his authority, opportunities, or facilities available to him because this position or position can harm the country's finances and economy. Law No. 31/1999 Jo Law No. 20/2001 concerning the Eradication of Corruption Crimes should be a reference and basis for applying sanctions for criminal acts of corruption within the Military, not only referring to the provisions in the Army's Criminal Code. Keywords: Military Court, Military Penal Code, Corruption, Corruption Court, The Corruption Eradication Commission
The Ex-Terrorist Social Reintegration Based on Community Participation Through a Corporate Social Responsibility Program Pratama, I Gusti Agung Ananta; Madjid, Abdul; Aprilianda, Nurini; Istiqomah, Milda
Audito Comparative Law Journal (ACLJ) Vol. 5 No. 3 (2024): September
Publisher : Universitas Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/aclj.v5i3.33258

Abstract

This study examines how former terrorism convicts or prisoners can be integrated into society using the company's CSR funding help strategy. The author discovers a gap in regulatory standards because the Terrorism Law solely governs measures to prevent and suppress terrorism. This research aims to provide an overview of the reform of the Terrorism Law and the social reintegration model for former convicts using an empirical research model that involves interviewing sources. The findings of this study suggest that the Terrorism Law should be amended and the BNPT reimagined as an entity dedicated to preventing terrorist attacks in Indonesia.
Strengthening the Position of Child Victims as Witnesses Through Video Recordings in Sexual Violence Crimes (A Comparison Between Indonesia and Malaysia) Aprilianda, Nurini; Kadir, Nadhilah A.; Bagaskoro, Ladito Risang; Yuliani, Anggi Ari
Brawijaya Law Journal Vol. 11 No. 2 (2024): The Role Of Human Rights on ASIA Pacific Policies and Strategies
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2024.011.02.02

Abstract

The increasing number of children as witnesses in proving a criminal offense presents a problem in the Indonesian criminal justice system. Based on Article 184 of the Criminal Procedure Code, evidence provided by witnesses must meet specific requirements, including being given by adults. Consequently, testimony from child witnesses is not recognized as valid evidence, as they are not sworn in and are considered legally immature. Apart from that, the impact of technological developments, such as the use of video to record children's statements as witnesses, has not yet become part of witness statements as a valid form of evidence. However, the Malaysian legal system, through the Evidence of Child Witness Act 2007, has made legal breakthroughs that allow child victim statements as admissible evidence through recorded footage, live video, and in-person testimony. This research seeks to reinforce the role of children as witnesses by employing a normative juridical method, along with statutory and comparative legal approaches, to explore potential changes in legislation to incorporate video-recorded testimony for child witnesses. Legislative updates may involve revising (a) the Child Protection Law; (b) the Criminal Procedure Code (KUHAP); and (c) the Electronic Information and Transactions Law. Besides, practical steps could support these changes, such as creating dedicated spaces with appropriate technology, establishing protocols and standards for child witness testimonies, and providing specialized training for judges, prosecutors, and investigators.
Reformulating Indonesia’s Narcotics Law on Personal Drug Misuse: A Humanist Approach Pakpahan, Hartato; Nurjaya, I Nyoman; Nurdayasakti, Setiawan; Aprilianda, Nurini
Journal of Asian Social Science Research Vol. 6 No. 2 (2024): Journal of Asian Social Science Research
Publisher : Centre for Asian Social Science Research (CASSR), Faculty of Social and Political Sciences, UIN Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/jassr.v6i2.104

Abstract

This study explores the development of more equitable and humane regulations for addressing personal drug misuse in Indonesia, emphasizing a humanist perspective and the principles of restorative justice. Employing a normative legal research methodology, the study critically examines Articles 111–127 of Law Number 35 of 2009 on Narcotics. It also incorporates a comparative analysis of drug policies in countries that have successfully implemented decriminalization and mandatory rehabilitation, such as the Netherlands and Portugal. The findings highlight the limitations of Indonesia's repressive approach, which often exacerbates social marginalization and fails to address the root causes of addiction. In contrast, the rehabilitative models adopted by the Netherlands and Portugal have proven more effective in reducing the negative impacts of drug abuse and fostering reintegration into society. To alleviate the burden on the criminal justice system and promote a more inclusive society, this study recommends legislative reforms that prioritize social rehabilitation and reintegration over punitive measures. These changes aim to shift Indonesia's drug policy toward a more compassionate and effective framework, balancing public health, social equity, and justice.
Reformulation of Investigation Arrangements On Corruption In Law No. 31 of 1997 on Military Justice In Indonesia Novalia Pertiwi; Nurini Aprilianda; Faizin Sulistyo
International Journal Of Humanities Education and Social Sciences (IJHESS) Vol 4 No 3 (2024): IJHESS DECEMBER 2024
Publisher : CV. AFDIFAL MAJU BERKAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55227/ijhess.v4i3.1414

Abstract

This study examines the reformulation of the regulation of investigation of corruption committed by members of the military within the framework of Law No. 31 of 1997 on Military Justice. The main purpose of this study was to analyze the urgency of the KPK's involvement in the investigation of military corruption cases and to formulate a more effective reformulation of legal arrangements. This study uses the type of normative research with reference to the theory of justice, the theory of legal certainty, and the theory of Criminal Law Policy, using the approach of legislation (Statute Approach) and conceptual approach (conceptual approach). Based on the results of research conducted by the author shows that the involvement of the KPK can increase the transparency and effectiveness of law enforcement in cases of military corruption. Furthermore, because the existing military justice system has not been fully able to handle the complexity of corruption, especially due to the lack of involvement of the Corruption Eradication Commission (KPK) in the investigation process. thus, reformulation is needed to create an investigation system that is more fair, responsive, and consistent with the principle of "equality before the law", by adding a special provision in the military justice law that explicitly regulates the investigation of corruption committed by members of the military by including the role of the KPK in regulating the investigation of corruption. With this change, the investigation process runs more transparently and reduces the potential for conflicts of interest that may arise when military institutions investigate corruption cases in their own environment while law enforcement for corruption crimes in the military environment is expected to run more comprehensively, and strengthen the integrity of State defense institutions.
Reconstruction of Restitution as an Additional Punishment for Victims of Criminal Acts Aprilianda, Nurini; Mufatikhatul Farikhah; Ryan Ilham Fibriansyah; Nadhilah A. Kadir
Arena Hukum Vol. 17 No. 2 (2024)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum2024.01702.1

Abstract

Victims of criminal acts, as individuals who suffer harm, deserve comprehensive protection, particularly in the process of recovering their losses. The enactment of the National Criminal Code has recognised this need by including compensation as an additional form of punishment. However, the current framework has significant shortcomings. Since this additional punishment is not mandatory, victims are not guaranteed compensation, undermining the principle of justice. This study explores the need to reform the existing system to ensure fair and effective restitution for victims. Based on normative research utilising a statutory approach and interpretative analysis, the findings suggest that positioning criminal compensation as a primary form of punishment within the National Criminal Code would better serve justice. By elevating criminal compensation to a primary punishment, the system would provide victims with greater certainty in securing recovery from the perpetrator.
Critical Review Selecting a Proper Law to Resolve Sexual Violence Against Children Aprilianda, Nurini; Farikhah, Mufatikhatul; Krisna, Liza Agnesta
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 6, No 2 (2022): Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/sjhk.v6i2.9050

Abstract

This article was written based on the results of research aimed at finding the right choice in resolving cases of sexual violence against children in Aceh, namely between the Child Protection Law or the Qanun Jinayat. This research is empirical legal research with a case study approach. The data collection technique used were interviews with key informants and document studies, namely court decisions. This study found differences in the application of different laws to the same case. Even though children as victims of sexual violence not only have an impact on physical trauma, they also experience psychological trauma which can cause mental disorders. Data for the last 3 (three) years shows that until now law enforcers have not been consistent in applying the law to the settlement of these cases. Our finding is that there are differences of opinion between law enforcers because the two arrangements are specific criminal law in nature. Therefore, the principle of systematic lex specialist is very important as a basis for law enforcement in determining the right choice of law for the settlement of these cases.
Co-Authors A. Kadir, Nadhilah Abda Abda Abdul Madjid Abdul Madjid Abdul Madjid Abdul Madjid Abdul Majid Adi Kusumaningrum Agusta, Dika Ahmad Fauzi Ahmad Fauzi Ahmad, Nadzriah Al-Uyun, Dhia Anindita, Raras Natasya ansori ansori Ansori, Ansori Ardi Ferdian Arief Rahman Mahmoud Bagaskoro, Ladito Risang Bambang Sugiri Bambang SUGIRI Bambang Sugiri Chyntia Vindy Rahmani Denny Ardian Priambodo Dewi, Riska Ameliana Dian Devananda Akbar Didik Purnomo, Didik Dwi Ayu Rachmawati Endriyanti, Megah Novita Erny Herlin Setyorini Ezenduka, Uzodinma Yurriens Fachrizal Afandi Faizin Sulistio Faizin Sulistio Faizin Sulistio Faizin Sulistyo Faizin Sulistyo Faizin Sulistyo Febi Karina Febrianika Maharani Fibriansyah, Ryan Ilham Guntur Aris Prabowo Hanif Hartadi Harini, Novitasari Dian Phra Hartadi, Hanif Hensi Septia Utami Herman Suryokumoro Heru R. HADI Heru Ratno Hadi I Nyoman Nurjaya I Nyoman NURJAYA I NYOMAN NURJAYA Ifahda Pratama Hapsari Imera Azzahra Alivia Imtina, Salma Salsabila Indriana Prima Puspita Sari Ismail Navianto Istislam, - Joko Cahyono Kadek Wiwik Indrayanti Kadir, Nadhilah A. Kariawan, I Ketut Dody Arta Krisna, Liza Agnesta Lucky Endrawati Lucky MH SH. Endrawati Luth, Thohir Luth, Thohir Machmud, Aris Megah Novita Endriyanti Milda Istiqomah Mubarok, Djihadul Mufatikhatul Farikha Mufatikhatul Farikha, Mufatikhatul Mufatikhatul Farikhah Mulyono, Bambang Hery Nababan, Anisa Magdalena Nadhilah A. Kadir Nani Susilowati Noerdajasakti, Setiawan Novalia Pertiwi Pakpahan, Hartato Pradana, Indra Kurnia Okta Prastiti Siswayani Prastiti Siswayani Pratama, I Gusti Agung Ananta Pratama, I Gusti Ananta Prawati, Linda Prema, I Ketut Arjuna Satya Priadi, Randy Hilman Prija Djatmika Prija Djatmika Prija Djatmika Prija Djatmika, Prija Ramadianto, Anang Riyan Rani Adriana Riyan Ramadianto, Anang Rohmat rohmat Rohmat Rohmat Roni Evi Dongoran Ruba'i, Masruchin Ruba?I, Masruchin Ruba’I, Masruchin Ryan Ilham Fibriansyah Ryan Ilham Fibriansyah Samsul Huda Asrori Satya Prema, I Ketut Arjuna Setiawan Noerdajasakti Setiawan Noerdajasakti, Setiawan Setiawan Nurdayasakti Shafira, Cindy Shinta Ayu Purnamawati Siagian, Nurul Inayah Silfiah, Rossa Ilma Siti Noer Endah Situmorang, Septriono Solehuddin Solehuddin Sriti Hesti Astiti St. Fatima Sudarsono SUDARSONO Sugiri, Bambang Sugiri, Bambang Suhariningsih Sulistiyo, Faizin Sulvia Triana Hapsari Sulvia Triana Hapsari Sulvia Triana Hapsari Susilo, Hariyanto Suwitno Yutye Imran Syihabuddin Tanaem, Jerymia Seky Tanriawan, Florensya Octavia Tohom Hasiholan Widyanti, Yeni Eka Yola Eska Afrina S Yona, Ashifa yuliani, anggi ari