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All Journal Masalah-Masalah Hukum Pandecta INDONESIAN JOURNAL OF CRIMINAL LAW STUDIES Journal of Indonesian Legal Studies Jurnal Ilmiah Hukum LEGALITY Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada Substantive Justice International Journal of Law Jambe Law Journal Jurnal Meta-Yuridis Jurnal Pengabdian Hukum Indonesia (Indonesian Journal of Legal Community Engagement) JPHI Indonesian Journal of Advocacy and Legal Services KRTHA BHAYANGKARA Budimas : Jurnal Pengabdian Masyarakat Unnes Law Journal The Indonesian Journal of International Clinical Legal Education Seminar Nasional Hukum Universitas Negeri Semarang Law Research Review Quarterly Jurnal Esensi Hukum The Digest: Journal of Jurisprudence and Legisprudence JHCLS East Asian Journal of Multidisciplinary Research (EAJMR) Contemporary Issues on Interfaith Law and Society Indonesian Journal of Counter Terrorism and National Securit Indonesia Law Review (ILREV) Journal of Administrative and Sosial Science (JASS) Kreasi: Jurnal Inovasi dan Pengabdian Kepada Masyaraka Jurnal Ilmu Sosial, Pendidikan Dan Humaniora Cerdika: Jurnal Ilmiah Indonesia Innovative: Journal Of Social Science Research HIKMATUNA: Journal for Integrative Islamic Studies Prosiding Seminar Nasional Pascasarjana Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora (JURRISH) Hukum dan Politik dalam Berbagai Perspektif Jurnal Hukum dan Pembangunan Journal of Law and Legal Reform The Indonesian Journal of International Clinical Legal Education Tasyri' : Jurnal Muamalah dan Ekonomi Syariah Pandecta : Jurnal Penelitian Ilmu Hukum (Research Law Journal) Lex Scientia Law Review Indonesian State Law Review (ISLRev) Indonesian Journal of Advocacy and Legal Services Contemporary Issues on Interfaith Law and Society Semarang State University Undergraduate Law and Society Review Jurnal Pendidikan dan Sosial Humaniora Journal of Literature Review Indonesian Journal of Criminal Law Studies Indonesian Journal of Counter Terrorism and National Security Unnes Law Journal : Jurnal Hukum Universitas Negeri Semarang
Ali Masyhar
Fakultas Hukum Universitas Negeri Semarang
Religion Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Health Professions Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Public Health Social Sciences Other

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Eksistensi dan Perluasan Asas Legalitas dalam Undang-Undang No. 1 Tahun 1946 dan Undang-Undang No. 1 Tahun 2023 Dyajeng Ayu Musdalifah; Ali Masyhar; Cahya Wulandari
JISPENDIORA Jurnal Ilmu Sosial Pendidikan Dan Humaniora Vol. 4 No. 1 (2025): April: Jurnal Ilmu Sosial, Pendidikan Dan Humaniora
Publisher : Badan Penerbit STIEPARI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56910/jispendiora.v4i1.2485

Abstract

The principle of legality is a fundamental concept in criminal law that ensures legal certainty by stipulating that an act can only be punished if it has been clearly regulated by law prior to its commission and is not applied retroactively. This principle protects individuals from arbitrary actions by law enforcement and serves as the main foundation for criminal law enforcement. However, its application must be balanced with attention to substantive justice through interpretations that are responsive to the social and cultural context of society. Thus, the principle of legality not only guarantees legal certainty but also allows room for balanced and dynamic justice, functioning as a bridge between legal certainty and justice within the criminal justice system.
Breaking the Cycle of Injustice: Revolutionizing Human Rights Violations Resolution Through the 1945 Constitution Amancik, Amancik; Saifulloh, Putra Perdana Ahmad; Masyhar, Ali; Nur, Asrul Ibrahim; Barus, Sonia Ivana
Lex Scientia Law Review Vol. 8 No. 2 (2024): Advancing Justice, Rights, and Governance in a Digital and Decentralized World
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lslr.v8i2.7460

Abstract

The stagnation of human rights enforcement in Indonesia's Reformation Era has highlighted a critical imbalance: the current system prioritizes punishing perpetrators of serious human rights violations over addressing the recovery and well-being of victims. This research introduces The Constitution of Peace as a transformative, victim-centered model for resolving serious human rights violations outside the courtroom, aligning with the principles and soul of the 1945 Constitution. The proposed model comprises three innovative approaches: first, mediation facilitated by the National Human Rights Commission to foster dialogue and accountability; second, the provision of compensation, restitution, and assistance to victims through the Witness and Victim Protection Agency, ensuring tangible support for recovery; and third, an official apology by the relevant authority, accompanied by the fulfillment of economic, social, and culpability obligations. Together, these measures aim to correct the limitations of the current retributive framework by prioritizing restorative justice and victim empowerment. By embracing these victim-oriented solutions, this model not only addresses the legal and moral obligations enshrined in the 1945 Constitution but also fosters reconciliation and societal healing. The research underscores the transformative potential of the Constitution as a foundation for peace, justice, and the resolution of entrenched human rights challenges. It calls for a paradigm shift from punitive measures to a more holistic approach, ensuring that justice serves both the dignity of victims and the broader goal of national harmony.
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

Abstract

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

Abstract

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

Abstract

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

Abstract

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

Abstract

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

Abstract

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

Abstract

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

Abstract

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.
Co-Authors Abu, Roziya Ade Adhari Afifah, Bayyinatun Aflah, Muhammad Hilmi Naufal Ahadi, Nugroho Ahmad Gelora Mahardika Ali Murtadho Ali Murtadho Allamah, Gita Nuzula Amancik Amancik Amira, Btari Anis Widyawati Anis Widyawati Aprila Niravita, Aprila Ariyad, Fikri ASYAFFA RIDZQI AMANDHA Avilla Deva Aryanda Bagus Hendradi Kusuma Bahriyah, Amalina Zukhrufatul Barus, Sonia Ivana Bin Hassan, Muhammad Sayuti Btari Amira Cahya Wulandari Cholidin, Achmad Cipta, Rachmadan Eka 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 Febriyanti, Diyah Anggun Fikri, Muhammad Adymas Hikal Fikriyah, Amalina Fuad, Adib Nor Harmoko, Fendi Setyo Hassan, Muhamad Sayuti 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 Azil Maskur Muhammad Azil Maskur Muhammad Azil Maskur Muhammad Haidar Ghoni Muhammad Wahyu Alfakar Muhtar Hadi Wibowo Nadela Justicea Naelufar, Rizqan Ngboawaji Daniel Nte Ningsih, Ayup Suran Nitha, Fitha Ayun Lutvia Nur, Asrul Ibrahim Obe, Redentor G A Pratiwi, Luh Prabha Putra Perdana Ahmad Saifulloh, Putra Perdana Ahmad Putri Balqis Nuril Hakim Rachmadan Eka Cipta 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 Sugiyarta Stanislaus, Sugiyarta Suhadi Suhadi Sukamto Sukamto Syatriawan Lagura Tamba, Arni Ranita 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 Windiahsari, Windiahsari Zjubaidi, Falikha Ardiyani