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All Journal JURNAL MAGISTER HUKUM UDAYANA Jurnal Legalitas Jurnal Cakrawala Hukum Pembaharuan Hukum Jurnal Akta Jurnal Penelitian Hukum De Jure Udayana Journal of Law and Culture Journal of Social Science International Journal of Educational Review, Law And Social Sciences (IJERLAS) Audito Comparative Law Journal (ACLJ) Ius Poenale Journal of Social Science Journal of International Islamic Law, Human Right and Public Policy Jurnal Dinamika Hukum
Abdul Madjid
Departemen Of Law, Universitas Brawijaya, Malang, East Java, Indonesia
Religion Arts Humanities Chemistry Education Environmental Science Immunology & microbiology Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Physics Social Sciences Other

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FORMS OF JUSTICE AND CRIMINAL LEGAL PROTECTION FOR CHILDREN THROUGH DIVERSION IN THE FUTURE Darwanto; Sudarsono; Abdul Madjid; Bambang Sugiri
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.v5i6.4549

Abstract

Children are a gift from God Almighty, potentially as the next generation to continue the ideals of the struggle of the Indonesian nation, so that they have the right to survive, grow and develop. For this reason, children are considered to need to be given physical and spiritual protection, because every child who is in conflict with the law is always sentenced to imprisonment, even though imprisonment has not gained the trust of the community, thus causing problems. The background underlying this writing is the application of diversion in resolving cases involving children as perpetrators of criminal acts who are sentenced to more than 7 years. Concretely, the problem raised in this writing is how the form of child justice protection through diversion and how the legal regulations on diversion in Indonesia are just. This writing uses a normative research method with a statute approach. Through analysis with this method, it can be seen that the provisions of diversion which are legally regulated in the Republic of Indonesia Law Number 11 of 2012 concerning the Juvenile Justice System have been able to be carried out starting from the investigation stage and the results of the diversion agreement are issued in the form of a Court Decision, and there is an expansion of several articles in the Republic of Indonesia Law Number 11 of 2012 concerning the Juvenile Justice System which is further regulated in the Regulation of the Supreme Court of the Republic of Indonesia Number 4 of 2014 concerning Guidelines for the Implementation of Diversion in the Juvenile Criminal Justice System. However, in the continuation regulated by Perma Number 4 of 2004, it does not explicitly regulate the maximum criminal limit for juvenile criminals set above 7 (seven) years
REFORMULATION OF THE CONCEPT OF JUDICIAL ACTIVISM THROUGH LEGAL DISCOVERIES AND BREAKTHROUGHS AFTER THE NATIONAL CRIMINAL CODE AS AN EFFORT TO BALANCE THE PRINCIPLE OF LEGAL CERTAINTY AND SUBSTANTIVE JUSTICE Entang Nuryanto; Prija Djatmika; Abdul Madjid
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.v5i6.4942

Abstract

Certainty law as fundamental principles of the Indonesian state of law are often face tension with demands justice substantive in practice justice criminal law , especially in the middle dynamics social and developmental type crimes that are not fully accommodated by law positive . Condition the push emergence practice judicial activism as response on limitations of written norms , in particular through invention law ( rechtsvinding ) and breakthrough legal breakthrough . Although​ get legitimacy juridical through Constitution Power National Judiciary and Criminal Code, practice judicial activism Not yet accompanied by clear settings​ about its limitations and parameters , so that potential cause uncertainty law , inconsistency decision , and exceedance authority judicial . This article aim For analyze typology form judicial activism carried out by judges in practice justice Indonesian criminal law and formulate a reformulation model draft ideal judicial activism to balance principle certainty law and justice substantive in implementation of the National Criminal Code. Research This use method juridical normative with approach legislation and approaches conceptual , through analysis to regulation legislation , jurisprudence , and doctrine law . Research results show that judicial activism in practice justice criminal present in three typology main , namely through method interpretation law , construction law , and breakthroughs law that goes beyond normative limits . This article propose a reformulation model judicial activism based seven fundamental parameters that are hierarchical and cumulative . This model expected capable give corridor clear normative​ for judges to engage in judicial activism still measurable , accountable , and non- shift become arbitrariness judicial , at the same time ensure realization balance between certainty law and justice substantive in system justice Indonesian criminal law .
Interpretation of BUMN Losses as State Financial Losses in Corruption Crimes from the Perspective of Legal Certainty Danang Yudanto; Prija Djatmika; Abdul Madjid
JURNAL AKTA Vol 13, No 2 (2026): June 2026
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v13i2.52437

Abstract

This study aims to analyze the interpretative construction of losses in State-Owned Enterprises (BUMN) as state financial losses in corruption cases and to formulate an interpretation model that ensures legal certainty. This research employs a normative juridical method using statutory, conceptual, and case approaches, particularly focusing on court decisions involving BUMN. The findings indicate that the main issue does not lie in conflicting norms, but rather in the inconsistency of interpretative methods applied by law enforcement authorities. In many cases, law enforcement tends to adopt a result-based approach, emphasizing financial loss outcomes without adequately considering the underlying business decision-making process and the application of the business judgment rule. This approach often leads to the misclassification of legitimate business risks as criminal acts, thereby creating legal uncertainty and discouraging strategic decision-making within BUMN. Furthermore, such inconsistencies may undermine corporate governance and reduce confidence among BUMN directors in making business decisions. Therefore, this study provides practical contributions by offering clear guidelines for law enforcement in distinguishing between business risks and corrupt actions. It also serves as a reference for policymakers in harmonizing legal frameworks related to BUMN governance and anti-corruption regulations. The novelty of this research lies in proposing a structured interpretation model that integrates normative, contextual, and causality-based approaches to define clear boundaries between BUMN losses and state financial losses.
ANALYSIS OF JUDGES' RATIO DECIDENDI IN ONLINE GAMBLING CRIMINAL DECISIONS USING CRIMINAL CODE PROVISIONS Maria Christina; Prija Djatmika; Abdul Madjid
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 3 (2026): September
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.21736953

Abstract

Advances in information technology have driven the transformation of conventional gambling into gambling conducted through electronic systems. This situation has raised legal issues regarding the application of criminal law to online gamblers, particularly concerning the use of the Criminal Code (KUHP) or the Electronic Information and Transactions Law (UU ITE). The purpose of this study is to analyze the judges' ratio decision in criminal judgments involving online gambling that apply provisions of the Criminal Code (KUHP). The research method used is legal research with a statutory regulatory approach and a case approach. Based on the research conducted, it is evident that there are differences in the judges' reasoning regarding the classification of online gambling. In verdict number. 32/Pid.Sus/2025/PN Lmj, the Panel of Judges applied Article 27(2) in conjunction with Article 45(3) of the ITE Law, primarily on the grounds that the use of electronic systems and access to gambling websites fulfilled the element of making electronic information containing gambling content accessible, thereby rendering the ITE Law applicable as lex specialis. Conversely, in verdict number 41/Pid.B/2025/PN Pdp, the Panel of Judges applied Article 303 bis of the Criminal Code because the defendant acted solely as an online gambler and was not proven to have distributed, transmitted, or made electronic information containing gambling content accessible to others. This discrepancy highlights differing interpretations of the elements within the ITE Law, which impact legal applications. Therefore, consistency in legal interpretation and application
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..
The Living Law in Judicial Decisions: Formulation and Implications of the National Criminal Code Rian Sulistio; I Nyoman Nurjaya; Abdul Madjid
Jurnal Dinamika Hukum Vol 25 No 1 (2025)
Publisher : Faculty of Law Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2025.25.1.15469

Abstract

A good law is a law that is in accordance with the law that lives in the community (living law) and in accordance with the reflection of the values prevailing in the community. In its development, living law has been accommodated in Article 2 paragraph (1) of the National Criminal Code. This research analyzes the formulation of living law provisions in the community in the National Criminal Code and its implications for Judges in making legal considerations in their decisions. This research uses normative juridical research method with statutory, historical, conceptual, analytical, and case approaches. The results showed that the formulation of Laws Living in Society in the National Criminal Code contained 15 provisions with five variations of terms such as “laws living in society”, “norms of decency”, “values of law and justice”, “local customary obligations”, and “fulfillment of customary obligations”, then the implications of laws living in society in the National Criminal Code have consequences for Judges can be a reference for adjudicating cases involving customary law and additional legal considerations. Although there are no Government Regulations and Regional Regulations regarding laws that live in the community, Judges are still obliged to explore legal values and a sense of justice that live in the community.
CHANGES IN POLICY DIRECTION AND LEGAL CONSEQUENCES LAW NO. 17 OF 2023 CONCERNING HEALTH ON ABORTION ISSUES IN THE TRANSITION PERIOD FOR RENEWING THE CRIMINAL CODE Novi Enjelina Putri; Abdul Madjid; Bambang Sugiri
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 4 No. 1 (2024)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v4i1.1442

Abstract

This research began with confusion regarding changes in the direction of legal regulatory policies regarding abortion in Indonesia. This is proven by the amendment to the Health Law Number 17 of 2023 which is part of the health omnibus law, which can result in multiple interpretations because it refers to the criteria specified in the criminal code. However, it is not explained which criminal law book will be used, which could create gaps in the application of criminal law in cases of legal abortion in Indonesia. The possibility of interpretation in determining the criminal law book is due to the transition period for the implementation of the new criminal law book, namely Law Number 1 of 2023, which will still come into force in 2026. The difference in the policy direction of the old criminal law book and The new one is very significant because the new one regulates the exceptions to which abortion can be carried out, whereas the old one does not see any reason and categorizes abortion as a criminal offense and will be subject to imprisonment for those who violate it. These differences in provisions will certainly have quite different legal consequences if the legal regulations are incorrectly applied in dealing with the issue of legal abortion in Indonesia. If they are incorrect then the disadvantage is the pregnant mother who has the right to abortion. This research uses normative legal research by looking at conceptual approaches and also legislation. With the aim of seeing how the legislation regarding abortion continues to undergo changes and the legal consequences that arise from these policies.
Co-Authors Ahmad Fauzi Ahmad Fauzi Alfons Zakaria Apripari, Apripari Arifatul Aininta Mardjoni Bambang Sugiri Bambang Sugiri Danang Yudanto Darwanto EMMILIA RUSDIANA Enos Syahputra Sipahutar Entang Nuryanto Faizin Sulistio Fareed Mohd Hassan Geraldo Gracelo Mario Situmeang I Nyoman Nurjaya Intan Khoirun Nisa' Joshua Aditya Setyanugraha Maria Christina Marina Rona Masruchin Ruba'i Megah Novita Endriyanti Milda Istiqomah Mohammad Fadli Muktiono Norentia Ekunming Sari Novi Enjelina Putri Nurini Aprilianda Prija Djatmika Prija Djatmika R. Imam Rahmat Sjafi’i Rachmad Safa’at Rian Sulistio Setiawan Noerdajasakti Shilvi Grisminarti Sihabudin Sihabudin Silvony Kakoe Sudarsono Suhariningsih Suhariningsih Sulvia Triana Hapsari Sulvia Triana Hapsari Suwitno Yutye Imran Syarib Rama Indradi Mukti Ummi Khasanah Sitorus Pane Yudhi Darmansyah