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All Journal Masalah-Masalah Hukum Pandecta Al-Risalah : Jurnal Imu Syariah dan Hukum LEGITIMASI: Jurnal Hukum Pidana dan Politik Hukum Jurnal Daulat Hukum INDONESIAN JOURNAL OF CRIMINAL LAW STUDIES Journal of Indonesian Legal Studies Jurnal Ilmiah Hukum LEGALITY Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada Al-Jinayah: Jurnal Hukum Pidana Islam 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 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 Law Development Journal 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 Al-Zayn: Jurnal Ilmu Sosial & Hukum Jurnal Hukum & Pembangunan JURNAL MULTIDISIPLIN ILMU AKADEMIK 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) Indonesian State Law Review (ISLRev) Indonesian Journal of Advocacy and Legal Services "Indonesian Journal of Environmental Law and Sustainable Development " 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 Kertha Semaya : Journal Ilmu Hukum Didakta: International Journal of Social Sciences, Language, and Education Resocia: International Journal of Applied Research and Innovation Indonesian Court and Justice Review Indonesian Minority Justice Review Contemporary Issues on Indonesian Human Rights Law and Policy Indonesian Anti Corruption Studies
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 Medicine & Pharmacology Public Health Social Sciences Other

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

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
IJCLS (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
IJCLS (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.
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

Abstract

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 ​​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

Abstract

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.
The Potential of Criminal Sanctions in Indonesia’s Spatial Planning Law from a Sustainable Development Perspective Aprila Niravita; Masyhar, Ali; Rodiyah, Rodiyah; Suhadi, Suhadi; Chhachhar, Varun; Adymas Hikal Fikri, Muhammad
Indonesian Journal of Environmental Law and Sustainable Development Vol. 4 No. 2 (2025): July-December, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijel.v4i2.19096

Abstract

This study examines the role of criminal law in curbing unlawful land-use practices in Indone-sia's broader spatial-planning framework. Its primary interest lies not only in asking whether the threat of criminal enforcement deters potential offenders but also in investigating whether those who violate the rules receive sanctions that are credible, consistent, and sufficiently severe. Employing a normative legal methodology, the author examines statutory texts, cornerstone legal principles, and leading judicial opinions, deftly navigating between major codes and significant academic commentary. The analysis shows that although sanctions appear to be codified, they operate with limited force in the real world because of vague language, poorly trained investigators, and an enduring pattern within government agencies to rely on softer administrative fines before resorting to stricter penalties. On that ground, the paper insists that criminal tools must still act as an ultimum remedium if Indonesia hopes to defend the rule of law and head toward truly sustainable land management. To make the system stronger, the author(s) calls on lawmakers to clarify enforcement paths, improve coordination between ministries, and fund training for the officers who face spatial violations day after day.  
Who Pays for Climate Loss and Damage? State Obligations Under International Law Explained Damanik, Yeriko Anugrah Pratama; Sudibya, Dafa Pranaja Sarwahita; Wicaksono, Sonny Saptoajie; Abidah, Shofriya Qonitatin; Masyhar, Ali; Wulandari, Cahya; Wilson, Jack Andrew; Rahman, Aisha Nur
Indonesian Journal of Environmental Law and Sustainable Development Vol. 3 No. 2 (2024): July-December, 2024
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijel.v3i2.40214

Abstract

Climate change has intensified debates over responsibility for loss and damage suffered by states and communities most vulnerable to its impacts. Rising sea levels, extreme weather events, ecosystem degradation, and economic disruption have generated irreversible harms that cannot be addressed solely through mitigation and adaptation. This article examines the central question of who should bear responsibility for climate-related loss and damage under international law, with a particular focus on the obligations of states. It analyzes the legal foundations of state responsibility, including principles of common but differentiated responsibilities (CBDR), equity, due diligence, and the prevention of transboundary harm. The study situates loss and damage within the framework of key international instruments such as the United Nations Framework Convention on Climate Change, the Paris Agreement, and decisions of the Conference of the Parties, including the establishment of mechanisms addressing loss and damage. It explores how customary international law and emerging climate jurisprudence contribute to clarifying states’ duties, particularly in relation to historical emissions, capacity to respond, and the protection of vulnerable populations. The article also considers the role of compensation, financial assistance, and international cooperation as potential expressions of legal and moral accountability. While international law does not yet provide a comprehensive or enforceable regime for climate loss and damage, the analysis demonstrates that evolving legal norms increasingly recognize differentiated state obligations. The article argues that developed states, due to their greater historical contributions to climate change and superior resources, bear heightened responsibilities to support affected states through finance, technology transfer, and capacity-building. Ultimately, the paper concludes that addressing climate loss and damage requires strengthening legal accountability while fostering equitable cooperation to ensure climate justice and sustainable development for present and future generations.
The Penal Policies Regarding The Implemantation Of The Article Of Adultery In The Penal Code Number 1 Of 2023 ASYAFFA RIDZQI AMANDHA; Ali Masyhar; Cahya Wulandari
Semarang State University Undergraduate Law and Society Review Vol. 4 No. 2 (2024): July-December, 2024
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lsr.v4i2.5157

Abstract

Penal Code Number. 1 of 2023 revitalizes the adultery article which was previously removed in the old Penal Code. This sparked heated debate about the legal politics behind the criminalization of adultery and its implications for human rights, public morality, and the effectiveness of law enforcement. The criminalization of adultery is based on arguments of morality, family protection, and prevention of other criminal acts. Despite noble intentions, the criminalization of adultery raises concerns about potential invasions of privacy, gender discrimination, and abuse of power. It is important to seek a balance between fair and civilized law enforcement with respect for human rights. Narrow and proportional interpretation, a restorative justice approach, and prevention education are key. This research was carried out by identifying two problems, namely (1) what is the political basis of criminal law for the crime of adultery in the Penal Code Number 1 of 2023, (2) how is the application of the adultery article in the Penal Code Number 1 of 2023. The research method used is juridical research- normative because the subject of the study that will be researched uses library materials as basic material for research by conducting an investigation into the regulations related to the problem being discussed. The results of the research state that the penal policies in the adultery article provide substantive justice based on Pancasila. The implementation of criminalization of adultery is one of the efforts to protect human rights for the family/home through effective and dignified solutions.
Legal Challenges in Criminal Execution of The Environmental Crime Cases in Indonesia: Efforts Toward Criminal Law Reform Widyawati, Anis; Fernando, Zico Junius; Arifin, Ridwan; Mursyid, Ali Masyhar
Jambe Law Journal Vol. 9 No. 1 (2026): 2026
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/k1djt237

Abstract

Environmental crimes in Indonesia, including illegal logging, pollution, and ecosystem destruction, continue to pose serious challenges despite the existence of an extensive regulatory framework. Most previous studies on environmental law enforcement in Indonesia have focused on investigation, evidentiary issues, or corporate criminal liability, while the execution of criminal judgments in environmental cases remains underexamined. This article analyzes the legal and institutional obstacles affecting the execution of criminal judgments in environmental crime cases, particularly those involving corporations, fines, additional sanctions, and environmental restoration orders. This study employs normative legal research using statutory, conceptual, and comparative approaches. It examines Law on Environmental Protection and Management, the Criminal Code, the Criminal Procedure Code, and relevant sectoral regulations, and compares the Indonesian framework with selected practices in Germany, Brazil, and the United States. The analysis demonstrates that regulatory disharmony, overlapping institutional authority, limited procedural clarity, and weak post-judgment enforcement mechanisms undermine the effectiveness of environmental criminal law enforcement. The article argues that the central weakness of Indonesian environmental criminal enforcement lies in the post-judgment stage, where fines, additional penalties, corporate compliance orders, and restoration measures frequently remain ineffective in practice
REFORMULASI KEBIJAKAN HUKUM PIDANA TERHADAP TINDAK PIDANA PEJUDIAN ONLINE Ginta Amelia Cahya; Ali Masyhar; Cahya Wulandari
JURNAL MULTIDISIPLIN ILMU AKADEMIK Vol. 3 No. 3 (2026): JUNI
Publisher : CV. KAMPUS AKADEMIK PUBLISHING

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61722/jmia.v3i3.10027

Abstract

The development of information technology has given rise to new forms of crime, one of which is online gambling, characterized by its cross-border nature, anonymity, and digital system-based operations. However, the criminal punishment of such offenses in Indonesia still relies on Article 303 of the Indonesian Criminal Code (KUHP), which was originally designed to regulate conventional gambling. This condition creates juridical problems because the application of outdated legal norms to online gambling is often carried out through analogical interpretation, which potentially contradicts the principle of legality (nullum crimen sine lege). This study aims to analyze the current criminal punishment framework for online gambling offenses and examine the urgency of reformulating criminal law policy regarding online gambling in Indonesia. The research employs a normative juridical method using statutory, conceptual, and case study approaches to relevant court decisions. The legal materials consist of primary legal sources in the form of legislation and secondary legal sources such as legal literature, journals, and expert doctrines. The analysis is conducted qualitatively and descriptively by examining the compatibility of existing legal norms with the development of digital crimes. The results of the study indicate that Article 303 of the Criminal Code is no longer capable of addressing the complexity of online gambling, particularly in terms of offense formulation, legal subjects, and operational mechanisms of digital crime. The existing criminal sanctions are also considered disproportionate to the socio-economic impacts caused, such as money laundering, public financial losses, and increasing derivative crimes. Therefore, the reformulation of criminal law policy has become an urgent necessity through the establishment of specific legal norms explicitly regulating the definition of online gambling, forms of conduct, criminal liability, and proportional sanctions. Thus, the national criminal law system can become more responsive, effective, and capable of providing legal certainty in addressing the development of digital crime. Keywords: Criminal Law Reformulation, Online Gambling, Criminal Policy, Principle Of Legality, Digital Crime.
Co-Authors Abidah, Shofriya Qonitatin Abu, Roziya Achmad Cholidin Ade Adhari Adymas Hikal Fikri, Muhammad Afifah, Bayyinatun Aflah, Muhammad Hilmi Naufal Ahadi, Nugroho Ahmad Gelora Mahardika Ali Murtadho Allamah, Gita Nuzula Amira, Btari Anis Widyawati Anis Widyawati Aprila Niravita Aprila Niravita, Aprila Ariyad, Fikri ASYAFFA RIDZQI AMANDHA Avilla Deva Aryanda Avilla Deva Aryanda Baehaqi Bagus Hendradi Kusuma Bahriyah, Amalina Zukhrufatul Bin Hassan, Muhammad Sayuti Btari Amira Cahya Wulandari Chhachhar, Varun Cipta, Rachmadan Eka Damanik, Yeriko Anugrah Pratama Deo Renaldi Saputra Deo Syahputra, Bearlly Dewi Sulistianingsih Diandra Preludio Ramada Didik Purnomo, Didik Dwi Cahyaningdyah Dyajeng Ayu Musdalifah Dyajeng Ayu Musdalifah Edi Waluyo Eko Handoyo Emovwodo, Silaas Oghenemaro Eram Tunggul Pawenang Eram Tunggul Pawenang Fahreshi Arya Pinthaka Fahrur Rozi Febriyanti, Diyah Anggun Fernando, Zico Junius Fikri, Muhammad Adymas Hikal Fikriyah, Amalina Fuad, Adib Nor Ginta Amelia Cahya Ginta Amelia Cahya Harmoko, Fendi Setyo Hidayatuzzakia, Hana Hudha Bagus Setyadi Idris, Siti Hafsyah Ilahi, M. Ridho Indah Sri Utari Indung Wijayanto 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 Mardana Rifta Oktaviana Martitah Maskur, M. Azil Masrukhi Masrukhi Muhammad Azil Maskur Muhammad Azil Maskur Muhammad Azil Maskur Muhammad Azil Maskur Muhammad Haidar Ghoni Muhammad Saifullah Muhammad Wahyu Alfakar Muhtar Hadi Wibowo Mursidah, Siti Nadela Justicea Naelufar, Rizqan Ngboawaji Daniel Nte Ningsih, Ayup Suran Nitha, Fitha Ayun Lutvia Novice Afnan El Fikry Obe, Redentor G A Paramitha Aulia Putri Nandira Paudel , Dolendra Pratiwi, Luh Prabha Primerta Putri Hapsari Puji Astuti 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 Ratih Damayanti Ridwan Arifin Ridwan Arifin Ridwan Arifin Rodiyah Rodiyah - Rohadhatul Aisy Ryadi, Arief Sabri, Ahmad Zaharuddin Sani Ahmad Salsabila, Arini Saman, Moh Sebastian, Naufal Sergi Fernandez Alejandro Setiawati, Juniza Indah Shidqon Prabowo, Muchammad Solihah, Emi Nugraheni Sonny Saptoajie Wicaksono Subhra Sanyal Sudibya, Dafa Pranaja Sarwahita Sugiyarta Stanislaus, Sugiyarta Suhadi Suhadi Suhadi Sukamto Sukamto Suwandoko Syatriawan Lagura Tamba, Arni Ranita Triandani, Salsabila Trias Saputra Ubaidillah Kamal Ulya, Laila Listiana Usman Usman Wahid Anshori Wahyudi Wahyudi Wahyudi Wahyudi Wardhani, Harumsari Puspa Waspiah - Wedhatami, Bayangsari Wibowo, Muhtar Hadi Widodo, Mulyo Widodo, Mulyo Wilson, Jack Andrew Winanta, Rizza Arge Winarsih Winarsih Windiahsari, Windiahsari Zjubaidi, Falikha Ardiyani zulfa Sakhiyya