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Ali Masyhar

Fakultas Hukum Universitas Negeri Semarang

Author-ID : 317725

Religion Arts Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Electrical & Electronics Engineering Engineering Environmental Science Health Professions Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Mathematics Nursing Public Health Social Sciences Veterinary Other

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Legal Politics in the Draft Criminal Procedure Code (KUHAP) in Indonesia Hudha Bagus Setyadi; Ali Masyhar
Journal of Literature Review Vol. 1 No. 1 (2025): JUNI 2025
Publisher : Indo Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63822/320mhd19

This article examines the legal politics embedded in the draft of the Indonesian Criminal Procedure Code (KUHAP). The current KUHAP, enacted in 1981, is considered inadequate in addressing the challenges posed by technological advancements, changes in the constitutional system, and increasingly complex social and legal dynamics. The new KUHAP draft aims to provide clearer legal certainty, strengthen human rights protection, and align with international conventions ratified by Indonesia. Through literature review and document analysis, this study reveals that the KUHAP draft represents a manifestation of legal politics striving to balance effective law enforcement with human rights protection. The draft emphasizes the principles of legality and presumption of innocence, introduces stricter supervisory mechanisms, and offers special protection for vulnerable groups alongside recognition of electronic evidence. Despite significant progress, the draft faces challenges such as potential abuse of authority, inter-agency conflicts, and resource readiness. Recommendations include harmonizing authorities, strengthening supervision, enhancing human resource capacity, and encouraging public participation in evaluation and refinement. This article contributes significantly to understanding the legal politics shaping criminal procedure reform in Indonesia.

Balancing Principles of Legality in Teaching Legal Studies Ali Masyhar
The Indonesian Journal of International Clinical Legal Education Vol. 1 No. 3 (2019): September
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/iccle.v1i3.36353

The principle of legality is a fundamental doctrine in criminal law. At the time of its emergence, it served as an oasis amid widespread uncertainty, when the law was considered the property of the king. Individuals had no means of knowing whether their actions were lawful, as everything depended on the monarch’s subjective judgment. With the adoption of the legality principle, this absolute power was removed. The authority to determine guilt was transferred to the judiciary, and even judges were constrained to apply legal provisions strictly, without expansion or reduction. Whether an act constituted a crime became a matter defined explicitly by written law. Consequently, no conduct could be punished if it was not formally stipulated as a criminal offense. However, this principle also has significant limitations. Acts that are socially harmful but not codified—such as those rooted in customary norms—cannot be subjected to criminal sanctions. This represents a major weakness of the legality principle. When applied rigidly, another drawback may arise: individuals may be easily criminalized for merely fulfilling the elements of a written offense, even when, in sociological terms, their actions do not cause actual harm or legal injury, either materially or immaterially.

Preventing Religious Radicalism in Indonesian Society (Case of Gunungpati Subdistrict, Semarang City) Ali Masyhar; Eram Tunggul Pawenang; Wahyudi Wahyudi; Nadela Justicea; Syatriawan Lagura; Juniza Indah Setiawati
The Indonesian Journal of International Clinical Legal Education Vol. 4 No. 4 (2022): Contemporary Issues on Law, Governance, and Regulations
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/iccle.v4i4.36561

Acts of terror invariably commence with the cultivation of radicalism, making it imperative to implement preventive measures to curtail the proliferation of these extremist ideologies. Particularly noteworthy is the rise of social radicalism, which requires vigilant attention. The recent uptick in religious radicalism further underscores the urgency of fostering a preventive mindset. The objective of this initiative is to instill a preventive attitude among the residents of Gunungpati District in Semarang City, countering the influences of both terrorism and radicalism. Simultaneously, it seeks to offer valuable insights to the government, outlining necessary actions to provide legal protection for the people of Gunungpati District against religious sects associated with terrorism and radicalism. In collaboration with the Ats-Tsaqofah Semarang Foundation, an institution dedicated to community empowerment, particularly in the realm of religious morality development, this activity employs a combination of lecture, dialogue, and focused discussion methods. The utilization of the brainstorming method from the audience further enhances the initiative, extracting their initial knowledge about terrorism and radicalism. The anticipated outcome of this collaborative effort is the cultivation of preventive attitudes within society, acting as a counterforce against the infiltration of radical ideologies. By leveraging educational and community-based strategies, the initiative aims to equip individuals with the awareness and resilience needed to resist the allure of radicalism, thereby contributing to the overall security and well-being of the Gunungpati community.

DYNAMICS OF THE PENITENTIARY SYSTEM, TRANSPARENT AND ACCOUNTABLE HANDLING OF CRIMINAL CASES IN CRIMINAL EXECUTION LAW IN SOUTHEAST ASIA: CONVERGENCE AND DIVERGENCE OF INTERNATIONAL PERSPECTIVES Widyawati, Anis; Adhari, Ade; Masyhar, Ali; Deo Syahputra, Bearlly; Purnomo, Didik
Indonesia Law Review Vol. 15, No. 1
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar

This research examines the dynamics of the penitentiary system transparent, and accountable criminal case handling in criminal execution law in Southeast Asia, focusing on the convergence and divergence of international perspectives. These countries have diverse approaches to the penitentiary system and criminal law enforcement, including in terms of the implementation of the death penalty and the treatment of prisoners. Some countries, such as Singapore and Malaysia, maintain strict death penalty practices, which often contradict international human rights standards, while others such as the Philippines show inconsistencies in implementing criminal execution laws. This research also examines the three main stages in the enforcement of the penitentiary system, namely the formulation stage, the application stage and the execution stage, which vary across Southeast Asian countries. Historical, political and cultural factors contribute to these variations, affecting the conformity of national legal systems with transparent and accountable international criminal law. In addition, this study highlights the importance of transparency and accountability in criminal case handling, as well as the role of rehabilitation in the penitentiary system, as an effort to align with international standards, especially regarding the treatment of death row prisoners. Understanding these dynamics is expected to provide insight into the differences and similarities in criminal execution laws in Southeast Asia as well as efforts towards better integration with international perspectives on human rights and criminal executions.

Progressionism Restorative Justice Policies in Achieving Rehabilitative Criminal Justice Muhtar Hadi Wibowo; Ali Masyhar; Anis Widyawati
Indonesian Journal of Criminal Law Studies Vol. 9 No. 1 (2024): Indonesia J. Crim. L. Studies (May, 2024)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v9i1.36420

This study aims to deeply examine and analyze ideal restorative justice policies, focusing on actualizing rehabilitative criminal law enforcement. By directly observing law in action, it explores how these policies are implemented and their impact, providing insights into effective, humane approaches within the criminal justice system.The main problems are how are the progressivism of restorative justice policy works in actualizing criminal enforcement that is rehabilitative?. Research method is Socio Legal, which is done by studying secondary data and conducting interviews. After that, the collected data is analyzed through a qualitative way. The urgency of this study lies in the frequent use of restorative justice policies for prosecuting criminal offenders. Through comprehensive, recent socio-legal research, this study examines the ideal implementation of restorative justice to achieve rehabilitative criminal law enforcement. Findings indicate that restorative justice should enable law enforcers to use penal codes as rehabilitative tools. The study concludes that restorative justice policies should include compensation requirements proportionate to the perpetrator's crime, ensuring a balanced and effective rehabilitative approach within the legal framework.

Application of Restitution for Criminal Acts Victims: Between Rules and Reality Trias Saputra; Ali Masyhar; Anis Widyawati; Rahmiati Rahmiati
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.v9i2.36635

Restitution is compensation provided to victims of a crime or their families by the perpetrator or a third party to cover losses from damage to property or income, suffering caused by the crime, and costs for medical or psychological care. Restitution serves as a critical mechanism for ensuring legal protection by aiding in the recovery of victims affected by criminal acts. This is regulated under Law Number 31 of 2014 on the Protection of Witnesses and Victims. However, challenges arise in its implementation, as seen in cases like Decision 1/PID.SUS/2023/PT Bdg, along with various issues in the application of restitution in court rulings, which will be analyzed in this study. This research examines these issues using normative legal research, employing both a legal and case study approach.

Evolution of Corporate Criminal Liability Models and Theories under Indonesian New Criminal Code Muhammad Wahyu Alfakar; Ali Masyhar; Cahya Wulandari; Ngboawaji Daniel Nte
Indonesian Journal of Criminal Law Studies Vol. 8 No. 2 (2023): Indonesia J. Crim. L. Studies (November, 2023)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v8i2.36741

Corporate crime, also known as white-collar crime, has persisted in Indonesia for decades, evolving alongside the country's economic and industrial growth. Various models and theories have emerged to address these issues, reflecting a growing recognition of the need for robust legal frameworks to combat corporate misconduct. Normative legal research methods have been employed in this study, focusing specifically on the criminal law aspects related to the development of corporate criminal liability theories and concepts under Law Number 1 of 2023. Law Number 1 of 2023 introduces the corporation as a maker and also a responsible corporation model of corporate criminal liability, recognizing corporations as legal entities capable of being held accountable for their actions. This statutory framework represents a significant advancement, reinforcing Supreme Court Regulation Number 13 of 2016. The research explores various perspectives on corporate responsibility models and theories, offering ideal solutions for their application and development within Indonesia's legal framework. This evolution signifies Indonesia's commitment to enhancing corporate accountability and ethical standards, aligning its legal principles with international norms while addressing domestic challenges. By integrating these models and theories into its legal system, Indonesia aims to foster a corporate culture that prioritizes compliance and ethical conduct, thereby mitigating the impact of corporate crime on society and promoting sustainable economic development.

Effectiveness of Ship Sinking of Illegal Fishing in Term of the Improvement of Local Fishermen Income Muhammad Azil Maskur; Ali Masyhar; Bagus Hendradi Kusuma; Anis Widyawati
Indonesian Journal of Criminal Law Studies Vol. 6 No. 2 (2021): Indonesia J. Crim. L. Studies (November, 2021)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v6i2.38384

Illegal fishing in Indonesia is at an alarming point, that the Ministry of Maritime Affairs and Fisheries made a policy of ship sinking. There are pros and cons related to these sanctions, not even a little resistance from both the internal government itself and the mafia who have been enjoying the results of Illegal Fishing. The sustainability of this policy has been almost 4 years. Data represents that through this policy, illegal fishing has dropped dramatically, so that when viewed in terms of criminal penalties for deterrence (absolute theory), the policy is very effective. However, whether the policy has an impact on the income of local fishermen, logically, when there is illegal fishing of small fish, the income of local fishermen increases. In order to figure out the effectiveness of illegal fishing sanctions in relation to increasing local fishermen’s income, the researchers determined the location of the study in the Tambak Lorok Fishing Village in Semarang.

Controversial Criminal Punishment for Victim of the Spread of Immoral Chat Rachmadan Eka Cipta; Ali Masyhar
Unnes Law Journal Vol. 7 No. 1 (2021): April, 2021
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ulj.v7i1.38704

The purpose of this research is to (1) analyze the Supreme Court's consideration of victims of the spread of sordid chatter in the Supreme Court's decision Number 574K / PID.SUS / 2018, and (2) analyze the arguments of the Public Prosecutor regarding the offense Article 27 paragraph (1) juncto Article 45 paragraph (1) of the Information and Electronic Transaction Law in decision No. 574K / PID.SUS / 2018. This type of research uses qualitative methods with a normative juridical approach. In this method, secondary data uses the decision of the Mataram District Court Number: 265 / Pid.Sus / 2017 / PN.MTR and the decision of the Supreme Court Number 574 K / Pid.Sus / 2018. Primary data to support this research were obtained from interviews of the Supreme Court of the Republic of Indonesia and the Institute for Criminal Justie Reform. Results and discussion of research (1) The values â€‹â€‹underlying the Supreme Court in the Supreme Court's decision Number 574K / PID.SUS / 2018 and (2) the Prosecutor's argument The Public Prosecutor related to offense Article 27 paragraph (1) jo Article 45 paragraph (1) of the Information and Electronic Transaction Law in the decision No. 574K / PID.SUS / 2018. Overall it can be concluded that (1) The value underlying the Supreme Court in passing this decision is that the judge tries to apply the benefits of the law. (2) The Public Prosecutor's Arguments in indicting or in prosecution cannot describe the offenses that are charged to the defendant, this is a serious record in the first-level court of the indictment and the demands of the Public Prosecutor are declared unproven on the defendant.

Teaching Tolerance through Law and Language: English for Sharia Purposes and Interfaith Legal Education in Indonesia Saputra, Heru; Sakhiyya, Zulfa; Astuti, Puji; Rozi, Fahrur; Masyhar, Ali; Paudel , Dolendra
Contemporary Issues on Interfaith Law and Society Vol. 4 No. 2 (2025): Digital Society and Interfaith Legal Challenges
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ciils.v4i2.33170

This study examines how English for Sharia Purposes can serve as a pedagogical platform for cultivating tolerance and interfaith competence among Muslim law students in Indonesia’s plural legal order, where state law interacts with Sharia-based norms and diverse religious communities. Conducted at Universitas Islam Negeri (UIN) Salatiga within the Constitutional Law study program of the Faculty of Sharia, the research responds to institutional commitments to Islamic moderation and global engagement. While English for Specific Purposes (ESP) in Sharia faculties has traditionally emphasized linguistic proficiency, limited attention has been given to its potential for preparing future Sharia lawyers to navigate socio-legal challenges involving religious rights, minority protections, and interreligious dispute resolution. Using a qualitative descriptive design, data were collected through classroom observations, semi-structured interviews with lecturers and students, and document analysis of teaching materials and institutional policy statements. Findings show that debates on minority rights, interfaith-mediation role-plays, and analysis of constitutional and international human-rights texts did more than improve students’ legal English; they fostered professional dispositions of fairness, empathy, and rights-aware reasoning grounded in Sharia principles of ʿadl (justice), tasāmuh (tolerance), and wasatiyyah (moderation). Student reflections suggested movement from “othering” to recognizing non-Muslims as equal subjects of justice, consistent with intercultural sensitivity and interfaith competence models. The study contributes to interfaith law and society by demonstrating how discipline-specific language education can serve as a socio-legal formation, translating interfaith ethics into practical legal communication skills for plural, rights-based contexts.

Co-Authors Abidah, Shofriya Qonitatin Abu, Roziya Ade Adhari Adymas Hikal Fikri, Muhammad Afifah, Bayyinatun Aflah, Muhammad Hilmi Naufal Ahadi, Nugroho Ahmad Gelora Mahardika Ali Murtadho Allamah, Gita Nuzula Amancik Amancik Amira, Btari Anis Widyawati Anis Widyawati Aprila Niravita Aprila Niravita, Aprila Ariyad, Fikri Aryanda, Avilla Deva ASYAFFA RIDZQI AMANDHA Avilla Deva Aryanda Baehaqi Bagus Hendradi Kusuma Bahriyah, Amalina Zukhrufatul Barus, Sonia Ivana Bin Hassan, Muhammad Sayuti Btari Amira Cahya Wulandari Chhachhar, Varun Cholidin, Achmad Cipta, Rachmadan Eka Damanik, Yeriko Anugrah Pratama Deo Syahputra, Bearlly Dewi Sulistianingsih Diandra Preludio Ramada, Diandra Preludio Didik Purnomo, Didik Dwi Cahyaningdyah Dyajeng Ayu Musdalifah Edi Waluyo Eko Handoyo Emovwodo, Silaas Oghenemaro Eram Tunggul Pawenang Eram Tunggul Pawenang Fahreshi Arya Pinthaka Fahrur Rozi Fatihah, Kaila Intan Febriyanti, Diyah Anggun Fikri, Muhammad Adymas Hikal Fikriyah, Amalina Fuad, Adib Nor Ghoni, Muhammad Haidar Harmoko, Fendi Setyo Hassan, Muhamad Sayuti Heru S.P. Saputra Hidayatuzzakia, Hana Hudha Bagus Setyadi Idris, Siti Hafsyah Ilahi, M. Ridho Irma Yuliawati, Irma JOKO SUSANTO Joko Widodo Juniza Indah Setiawati Justicea, Nadela Justika Hairani Kamaludin Kamaludin Kusuma, Bagus Hendradi Lagura, Syatriawan Laskarwati, Batari Maharani, Ferra Tiara Martitah Martitah Maskur, M. Azil Masrukhi Masrukhi Muhammad Azam Muhammad Azil Maskur Muhammad Azil Maskur Muhammad Azil Maskur Muhammad Wahyu Alfakar Muhtar Hadi Wibowo Musdalifah, Dyajeng Ayu Nadela Justicea Nadhira Madania Dimarti Naelufar, Rizqan Ngboawaji Daniel Nte Ningsih, Ayup Suran Nitha, Fitha Ayun Lutvia Nur, Asrul Ibrahim Obe, Redentor G A Paudel , Dolendra Pratiwi, Luh Prabha Puji Astuti Putra Perdana Ahmad Saifulloh, Putra Perdana Ahmad Putri Balqis Nuril Hakim Rachmadan Eka Cipta Rahman, Aisha Nur Rahmiati Rahmiati Rahmiati Rahmiati Rajib, Rayi Kharisma Ramadhani, Arief Ramli, Asmarani Rasdi Rasdi, Rasdi Ratih Damayanti Ridwan Arifin Rodiyah - Rohadhatul Aisy Ryadi, Arief Sabri, Ahmad Zaharuddin Sani Ahmad Saman, Moh Sanyal, Subhra Sebastian, Naufal Setiawati, Juniza Indah Shidqon Prabowo, Muchammad Siti Mursidah Solihah, Emi Nugraheni Sonny Saptoajie Wicaksono Sudibya, Dafa Pranaja Sarwahita Sugiyarta Stanislaus, Sugiyarta Suhadi Suhadi Sukamto Sukamto Suwito, Nikodemus Syatriawan Lagura Tamba, Arni Ranita Tiara Maharani, Tiara Triandani, Salsabila Trias Saputra Ubaidillah Kamal Ulya, Laila Listiana Usman Usman Wahyudi Wahyudi Wahyudi Wahyudi Wardhani, Harumsari Puspa Waspiah - Wedhatami, Bayangsari Wibowo, Muhtar Hadi Widodo, Mulyo Widodo, Mulyo Wilson, Jack Andrew Windiahsari, Windiahsari Zjubaidi, Falikha Ardiyani zulfa Sakhiyya

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