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All Journal DE JURE Al-Mizan (e-Journal) Jurnal Dinamika Hukum Erudio: Journal of Educational Innovation 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 INTERNATIONAL JOURNAL ON LANGUAGE, RESEARCH AND EDUCATION STUDIES 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 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) Jurnal Hukum dan Peradilan Indonesia Law Reform Journal (ILREJ) Journal of Social Science Mahadi : Indonesia Journal of Law RechtIdee Jurnal Hukum & 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 Jurnal Penelitian Hukum De Jure
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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Disharmony of Norms and Application of Punishment of Perpetrators of Assisting (Medeplichtige) Corruption Crimes in Indonesia Ansori, Ansori; Sugiri, Bambang; Aprilianda, Nurini; Noerdajasakti, Setiawan
Nurani Hukum Vol 8, No 1 (2025): Assessing National and International Perspectives on Justice and Legal Protectio
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/nhk.v8i1.31467

Abstract

This study investigates the legal disharmony and uncertainty surrounding punishment for those who assist in corruption crimes in Indonesia. Currently, there's a conflict between the Criminal Code, which imposes a one-third lighter sentence for accomplices, and the Anti-Corruption Law, which threatens them with the same punishment as the main perpetrator. This normative inconsistency often leads to disparate and disproportionate sentencing, with some accomplices receiving harsher punishments than the main offenders, despite their lesser role. The novelty of this research is its exploration of this specific legal conflict and its impact on judicial outcomes. Addressing this issue is urgent to ensure fairness and legal certainty in corruption cases. This research's will contribute toward proposed reconstruction of the punishment norms for accomplices, based on the principle of proportionality, to reduce inconsistencies and prevent unjust disparities in sentencing.
Victim Impact Statement as a Model of Victim-Centered Justice in Child Sexual Abuse Cases Ramadianto, Anang Riyan; Istiqomah, Milda; Aprilianda, Nurini
Jurnal Hukum IUS QUIA IUSTUM Vol. 32 No. 2: MEI 2025
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol32.iss2.art4

Abstract

Child sexual abuse remains a pressing concern in Indonesia, with victims often experiencing deep and lasting trauma. Yet, the country’s criminal justice system largely focuses on punishing offenders, offering far less attention to safeguarding and supporting the rights and recovery of those who have suffered. This article aims to explore the role of the Victim Impact Statement (VIS) as a mechanism to promote victim-centered justice. This study adopts a normative legal research approach, drawing on statutory analysis, comparative review, and case study methods. Its primary legal sources include court rulings on child sexual abuse and key regulations, notably Supreme Court Regulation (PERMA) No. 1 of 2022 on Restitution and Compensation. Data are analyzed qualitatively to evaluate the implementation of restitution and the recognition of victim perspectives in legal proceedings. The findings indicate that restitution is essential in incorporating the victim’s voice into judicial decision-making. The study proposes a Victim Impact Statement (VIS) model designed to help both victims and judges convey and evaluate the effects of crime more effectively. It concludes with recommendations to better integrate VIS into Indonesia’s criminal justice system, moving toward an approach that is more victim-centered and aligned with the principles of restorative justice.
Suspension of Detention for Children Acting in Self-Defense as a Form of Special Protection in the Juvenile Justice System Siagian, Nurul Inayah; Aprilianda, Nurini; Istiqomah, Milda
International Journal of Business, Law, and Education Vol. 6 No. 2 (2025): 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.v6i2.1198

Abstract

Detention of children in the context of self-defense (noodweer) remains unregulated explicitly in Indonesia's juvenile criminal justice system. Although Article 49 of the Indonesian Penal Code (KUHP) recognizes self-defense as a justifying or excusing ground, children may still be subjected to detention under general procedural provisions in the Criminal Procedure Code (KUHAP). This creates legal uncertainty and increases the risk of disproportionate treatment. This study employs a normative juridical method with a comparative approach, analyzing the German legal system, which limits juvenile detention and emphasizes psychological, educational, and proportionality considerations. The findings show an urgent need for Indonesia to formulate specific legal norms on the suspension of detention for children who commit acts of self-defense. Such reform is crucial to uphold children's rights, prevent criminalization, and support restorative justice principles and humane treatment in the juvenile justice process.
MENGGALI MAKNA PEMAAFAN HAKIM BAGI ANAK MELALUI RATIO LEGIS PASAL 70 UNDANG-UNDANG SISTEM PERADILAN PIDANA ANAK Aprilianda, Nurini
Arena Hukum Vol. 16 No. 2 (2023)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum.2023.01602.10

Abstract

This research aims to discover the meaning of pardon given by the judge as governed in Article 70 of Law Number 11 of 2012 concerning the Judicial System of Juvenile Crime (henceforth referred to as Juvenile Law). The absence of further elucidation of Article 70 of Juvenile Law interrupts the settlement of the case handled by judges. Therefore, the value that the pardon carries in the Article needs to be further examined. This normative research uses statutory and conceptual approaches. The result shows that indicating that punishment, referring to Article 70 of Juvenile Law and imposed on a child, is given as the last resort that should take into account human values and the justice for children, philosophical bases, the values of Pancasila and the 1945 Constitution of the Republic of Indonesia with the principle of child protection referred to as a benchmark.
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.
THE PROBLEMATICS OF THE MEANING OF A CHILD'S STATUS IN NATIONAL LAW: BETWEEN LEGAL CERTAINTY AND JUSTICE Guntur Aris Prabowo; Nurini Aprilianda; Syihabuddin
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 6 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i6.4275

Abstract

The article titled "THE PROBLEMATICS OF THE MEANING OF A CHILD'S STATUS IN NATIONAL LAW: BETWEEN LEGAL CERTAINTY AND JUSTICE" written by the Author raises the issue of analysis regarding the view of Judges who consider justice should be prioritized over legal certainty in delivering criminal verdicts, especially against Children who conflict with the law. The Author focuses on the limitations of the criminal sentence imposed on Children, then analyzes the provision against the verdict of the Penajam State Court No. 3/Pid.Sus-Child/2024/PN Pnj which exercised judicial activism by imposing a prison sentence exceeding the provisions in Law No. 11 of 2012 on the Juvenile Justice System. The result of the research conducted by the Author is that a criminal sentence of imprisonment can be imposed on the child. If threatened with a life imprisonment or death penalty provision, then the Child can only be sentenced to a maximum of ½, so the maximum imprisonment sentence allowed is 10 years. However, this is countered by the Presiding Judge of Case Number 3/Pid.Sus-Child/2024/PN Pnj by imposing a 20-year prison sentence on Child Junaedi, prioritizing justice over legal certainty.
The Authority of Judges in The Application of Restorative Justice for Children in Indonesia Dewi, Riska Ameliana; Aprilianda, Nurini; Mulyono, Bambang Hery; Priadi, Randy Hilman
Jurnal Hukum dan Peradilan Vol 14 No 2 (2025)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.14.2.2025.401-424

Abstract

This study aims to analyze the authority of judges in applying the principle of restorative justice in cases involving children in conflict with the law and the obstacles to its implementation. The research approach uses a normative legal method with a legislative, conceptual, and case approach. Secondary data were collected through a review of six main laws, eight court decisions, and twenty-five related academic sources, then analyzed qualitatively using deductive reasoning. The results show that the authority of judges in applying restorative justice is based on the value of substantive justice as stipulated in Supreme Court Regulation Number 1 of 2024. However, its implementation is still hampered by regulatory inconsistencies between law enforcement agencies, a low level of understanding among officials and the public, and the absence of uniform technical guidelines. This study emphasizes the need for regulatory synchronization and capacity building among officials to ensure the effective and fair implementation of restorative justice oriented towards the best interests of children in Indonesia.
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.
Degradation of the Stigma of Prison as a Criminal School Through Supervised Sentence as an Alternative to Imprisonment Rohmat Rohmat; Milda Istiqomah; Nurini Aprilianda
IJCLS (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.
THE URGENCY OF FORMING SPECIAL CRIMINAL LAWS FOR CRIMINALS COMMITTED BY CHILDREN IN CASES OF SEXUAL VIOLENCE AGAINST CHILDREN REVIEWED FROM THEORY OF LEGAL CERTAINTY Imera Azzahra Alivia; Prija Djatmika; Nurini Aprilianda
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 4 No. 6 (2024)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v4i6.2077

Abstract

Sexual violence against children committed by child perpetrators is a serious issue in the criminal justice system in Indonesia. Currently, Indonesian criminal law does not specifically regulate a comprehensive handling mechanism for this case, thus causing problems in the application of fair law and providing optimal protection for children as victims and perpetrators. This study aims to analyze the urgency of establishing a special criminal law that handles criminal acts of sexual violence by children against other children. A normative legal approach with a conceptual approach, a legislative approach and a comparative approach and the theory of legal certainty are used in this study to explore the need for clearer and more responsive regulations. The results of the study indicate that the establishment of a special criminal law can provide better legal certainty, including appropriate protection and rehabilitation mechanisms for children as perpetrators and victims. This is important to ensure that the criminal justice system not only prioritizes punishment, but also protection and rehabilitation in accordance with the principle of the best interests of the child. The establishment of this special regulation can also strengthen the justice system to be more adaptive and responsive to the special characteristics of cases of child sexual violence.
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 Al-Uyun, Dhia Alfons Zakaria Anang Riyan Ramadianto Anang Riyan Ramadianto Andika Dian Tetuko Anindita, Raras Natasya Ansori, Ansori Ardi Ferdian Arief Rahman Mahmoud Ashifa Yona Bagaskoro, Ladito Risang Bambang Sugiri Bambang SUGIRI Bambang Sugiri Chyntia Vindy Rahmani Cindy Shafira Denny Ardian Priambodo Dewi, Riska Ameliana Dian Devananda Akbar Didik Purnomo, Didik Dwi Ayu Rachmawati Endriyanti, Megah Novita Erny Herlin Setyorini Fachrizal Afandi Faizin Sulistio Faizin Sulistio Faizin Sulistio Faizin Sulistio Faizin Sulistyo Faizin Sulistyo Faizin Sulistyo Fatiha Gourari Febi Karina Febrianika Maharani Fibriansyah, Ryan Ilham Frilia Shafitri Hardi G. Gunawan Guntur Aris Prabowo Hanif Hartadi Harini, Novitasari Dian Phra Hartadi, Hanif Hartato Pakpahan Hensi Septia Utami Herman Suryokumoro Heru R. HADI Heru Ratno Hadi I Nyoman Nurjaya 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 Julisa Aprilia Kaluku Kadek Wiwik Indrayanti Kadir, Nadhilah A. Krisna, Liza Agnesta Lucky Endrawati Lucky Endrawati Lucky MH SH. Endrawati Luth, Thohir Luth, Thohir Machmud, Aris Megah Novita Endriyanti Milda Istiqomah Milda Istiqomah Mubarok, Djihadul Mufatikhatul Farikha Mufatikhatul Farikha, Mufatikhatul Mufatikhatul Farikhah Mulyono, Bambang Hery Nababan, Anisa Magdalena Nadhilah A. Kadir Nadzriah Ahmad Nani Susilowati Noerdajasakti, Setiawan Novalia Pertiwi 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 Putra, Wava Akhirta Ramadianto, Anang Riyan Rani Adriana Rohmat Rohmat Rohmat rohmat Rohmat Rohmat Roni Evi Dongoran Ruba'i, Masruchin Ruba?I, Masruchin Ruba’I, Masruchin Ryan Ilham Fibriansyah Ryan Ilham Fibriansyah Ryan Ilham Fibriansyah Samsul Huda Asrori Satya Prema, I Ketut Arjuna Setiawan Noerdajasakti Setiawan Noerdajasakti, Setiawan Setiawan Nurdayasakti 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 Suwitno Yutye Imran Syihabuddin Tanaem, Jerymia Seky Tohom Hasiholan Widyanti, Yeni Eka Yola Eska Afrina S yuliani, anggi ari