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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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Juridical Analysis of the Culpa in Causa Principle in Indonesian Criminal Law Reform (Study of Law No. 1 of 2023) Musdalifah, Dyajeng Ayu; Masyhar, Ali
Law Development Journal Vol 7, No 4 (2025): December 2025
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.7.4.809-816

The explicit integration of the culpa in causa principle in Pasal 55 of Law No. 1 of 2023 one the New Indonesian Criminal Code (KUHP Baru) refolutionizes criminal law by limiting the misuse of grounds for exemption from punishment, such as necessity and self-defense, when the offender intentionally creates those conditions. Unlike the old KUHP’s implicit reliance on jurisprudence, this provision strengthens the geen straf zonder schuld principle while balancing judicial pardon authority, through proof of subjective causality via at least two valid pieces of evidence. Courts distinguish it from objective justifications by analyzing initial intent, nullifying subsidiarity without eliminating the defendant’s subjective fault. Impacts include optimized restorative justice, legal certainty, reduced impunity from provocation, and proportional individualized sanctions, fostering an adaptive penal system that protects victims while upholding humanity. This reform aligns continental doctrines with national contexts, enhancing judicial legitimacy.

School of D-RAD : An Effort of Deradicalization for Former Terrorism Convict Masyhar, Ali; Muhammad Azil Maskur; Pawenang, Eram Tunggul; Nadhira Madania Dimarti; Azam, Muhammad
Indonesian Journal of Legal Community Engagement Vol. 8 No. 2 (2025): July-December, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jphi.v8i2.34458

This community service is designed to help “Yayasan Persaudaraan Anak Negeri” (Persadani), a Semarang-based foundation comprised of former terrorism convicts, actively engaged in deradicalization efforts. The main issue that is faced by Yayasan Persadani is that there has not been a systematic program to help them in the deradicalization and social reintegration process. Moreover, the lack of religion-based moderation approaches to support deradicalization caused a challenge in preventing them from returning to the radical networks. Yayasan Persadani also faced the lack of a curriculum that is suitable for the life skills of the members and a continuous psychosocial support. School of D-RAD was offered as a solution to those challenges. The School of D-RAD functions as a training hub for the deradicalization of terrorism ex-convicts, assisting 10 participants in their rehabilitation process. It has 3 main programs which are, Religious Moderation Education, Ideological Rehabilitation, Psychological Support with Social Stigma Reduction, as well as Role-Playing and Anti-Radicalism Educational Games. The output target for this activity are, A publication in accredited national scientific journal; A news report on electronic/mass media; a video report of the activity on youtube; and copyright. The expected outcome of this program includes of the hope that the creation of School of D-RAD will be a place for deradicalization, empowerment, the participant’s increased understanding in the religion moderation values for ex-terrorism convicts.

Legal Politics of Intellectual Property Rights Enforcement in Encouraging Investment and Innovation: Implementation Study in Indonesia Aryanda, Avilla Deva; Masyhar, Ali
Jurnal Daulat Hukum Vol 8, No 4 (2025): December 2025
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v8i4.50726

Intellectual property rights play an essential role in advancing and improving investment activities in Indonesia. Investment activities can develop rapidly with the existence of intellectual property rights that have the aim of providing legal protection and legal certainty for these investment activities. In this scientific article, two legal problems will be explained, namely, among others, regarding the enforcement of intellectual property rights in encouraging investment and innovation activities in Indonesia and regarding the legal political strategy in balancing the interests of holders or owners of intellectual property rights in investment activities and public interests. In writing this scientific article, the author uses a type of research in the form of normative research using various legal materials to produce various arguments, concepts, and new theories that can later resolve existing legal problems. Then, in this scientific article, two research results will also be explained regarding two existing legal problems, namely, among others, trademark enforcement which has a function as a differentiator for various investment products, and copyright, and patent enforcement which has a function as a potential asset of intangible objects and regarding the protection of intellectual property rights by providing exclusive rights to holders or owners of intellectual property rights but still paying attention to the public interest in encouraging investment and innovation activities in Indonesia.

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

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

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

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 Analysis of Cohabitation and Adultery Delict in Law No. 1 of 2023 On the Criminal Code Fatihah, Kaila Intan; Mursyid, Ali Masyhar
Law Research Review Quarterly Vol. 12 No. 2 (2026): Articles in press
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/llrq.v12i2.42076

This study examines the criminalization of adultery and cohabitation in Law No. 1 of 2023 on the Criminal Code (KUHP), focusing on the effectiveness of the absolute nature of the delict under Articles 411 and 412. The main problem identified is the restriction of the subject of the complaint to only include the immediate family, thus creating a legal impasse in accommodating living law, as well as the communal community's unrest over violations of decency in their neighborhood. The purpose of this study is to formulate an ideal formulation of more adaptive law enforcement through normative legal research methods with a legislative and conceptual approach. The results of this study indicate that restricting the right to complain risks triggering vigilante justice (eigenrichting), thus requiring a reorientation of the paradigm through the reconstruction of the nature of the delict into a relative complaint delict. In conclusion, this study offers an ideal formulation in the form of expanding the legitimacy of complainants to include four main pillars, namely husband or wife, parents, children, and traditional leaders or community leaders. This mechanism for making complaints has included traditional authority as a way of moderating the role of social filter in protecting individual privacy and family integrity, yet achieving a balance with the need to maintain socio-cultural peace through local culture and ethics of the Indonesian nation as well as to create a situation where complaint mechanisms are used only as a last resort (the principle of ultimum remedium).

A Juridical Perspective On Press Ethics in Reporting the Identity of Child Victims of Immorality: Between Public Interest and Children’s Rights Susanto, Joko; Masyhar, Ali; Widyawati, Anis
Journal of Law and Legal Reform Vol. 7 No. 1 (2026): January, 2026
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v7i1.30638

Proper journalism in the reporting of child victims of immorality requires a strict ethical approach to protect the rights of victims and maintain the function of the press in conveying the truth. This article discusses important aspects such as victim protection, privacy rights, journalistic codes of ethics, and the role of the media in society. Through normative juridical analysis and descriptive research involving desk research and interviews with journalists, this article highlights the importance of striking a balance between freedom of speech and the social responsibility of the press. When covering sensitive issues like child sexual abuse, the press must uphold individual rights. We must adhere to the Journalistic Code of Ethics to ensure that the news does not violate the rights of victims. The role of the Press Council and law enforcement officials is crucial in enforcing the law, sanctioning violators, and ensuring justice for all parties. Analysis of the news indicates that there are still violations in the form of disclosing the identity of child victims, which should be kept confidential to protect their right to privacy and honor. This study confirms that safeguarding the honor and rights of victims, as well as supporting fair law enforcement and strict supervision of media practices, can create a responsible information environment. The findings provide an important reference for policymakers, media practitioners, and academics in improving the quality of ethical journalism that respects the rights of child victims of violence.

Legal Analysis of the Modus Operandi of Terrorism Funding Under the Guise of Charity: Analisis Hukum Terhadap Modus Operandi Pendanaan Terorisme Berkedok Amal Ghoni, Muhammad Haidar; Ali Masyhar
Indonesian Journal of Counter Terrorism and National Security Vol. 4 No. 1 (2025): January-June, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijctns.v4i1.24075

Terrorist funding is an important part of a series of terrorist acts. Various methods are used by terrorist groups to obtain funds as an effort to continue to exist to spread radicalism and carry out acts of terror. According to data, the population in Indonesia has a high level of generosity in the world, this makes terrorist groups take advantage of opportunities by using the guise of charity by using non-profit organizations (NPOs) to obtain funds with structured methods and without using violence. This study aims to analyze the mode used by NPOs in carrying out the guise of charity as a medium for collecting funds and the form of formulation for eradicating terrorism funding that has been taken by the government, as well as to evaluate the effectiveness of these policies and actions in the national context. This study uses a normative legal research method with a statute approach. This study emphasizes the aspect of fundraising carried out by NPOs in a series of terrorism funding activities. The Indonesian government must always control NPOs by coordinating with related institutions. This is a step in overcoming terrorism funding under the guise of charity in order to create safe and responsible fundraising activities which will be explained in this study.

Asset Seizure as a Form of Impoverishment To Perpetrators of Corruption Suwito, Nikodemus; Masyhar, Ali; Wulandari, Cahya
Electronic Journal of Education, Social Economics and Technology Vol 6, No 2 (2025)
Publisher : SAINTIS Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33122/ejeset.v6i2.1249

Corruption is an extraordinary crime that causes great harm to the country's finances and threatens social justice and national economic stability. The urgency of this study lies in the search for effective strategies to cause a deterrent effect against corruption perpetrators who have been considered still weak. This study aims to analyze the concept of asset seizure as an instrument of impoverishment of corruptors in order to strengthen the effectiveness of law enforcement and recovery of State losses. The research method used is juridical normative, with an analytical approach to legislation, legal doctrine, and relevant academic literature. The Data was collected through a literature study of primary legal materials (such as the corruption law and the TPPU law) and secondary legal materials in the form of research results and views of criminal law experts. The application of asset confiscation has a strategic role in returning state losses and impoverishing corruption perpetrators so that they no longer enjoy the results of their crimes. However, its effectiveness is still hampered by the absence of the Non-Conviction Based (NCB) asset seizure law and weak coordination between law enforcement agencies. The concept of impoverishment of corruptors through asset expropriation also has a philosophical basis in retributive justice theory and deterrence theory, which emphasize deterrent effects through the removal of economic gains from criminal acts. Asset seizure as an additional crime needs to be regulated more comprehensively in special regulations so that it can be applied consistently and transparently. Legal reform, increased inter-institutional coordination, and accelerated ratification of the asset seizure law are important steps in strengthening the eradication of corruption in Indonesia.

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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