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All Journal JURNAL HUKUM JURNAL LITIGASI (e-Journal) Badamai Law Journal Jurnal Wawasan Yuridika INJECT (Interdisciplinary Journal of Communication) Jambe Law Journal Kosmik Hukum Pena Justisia: Media Komunikasi dan Kajian Hukum Journal La Sociale Jurnal Riset Ilmu Hukum Bandung Conference Series: Economics Studies Bandung Conference Series: Law Studies Cendekia: Journal of Law, Social and Humanities MIMBAR : Jurnal Sosial dan Pembangunan Sinergi International Journal of Law ENDLESS : International Journal of Future Studies Amwaluna: Jurnal Ekonomi dan Keuangan Syariah IJLSH Greenation International Journal of Law and Social Sciences
Edi Setiadi
Universitas Islam Bandung
Religion Arts Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Analysis of Evidence of Witchcraft Crimes Based on the New Indonesian Criminal Code Jeremia Hutagalung; Setiadi, Edi; Yanto, Oksidelfa
Sinergi International Journal of Law Vol. 3 No. 3 (2025): August 2025
Publisher : Yayasan Sinergi Kawula Muda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61194/law.v3i3.798

Abstract

The pluralistic life of beliefs about spiritual matters in Indonesia is very thick and sensitive, especially the occurrence of criminal acts that are beyond common sense or cannot be proven by scientific criminal investigations, namely criminal acts of black magic perpetrators or victims of black magic which result in violations of human rights (HAM). Belief in religion which is a source of morality and spirituality which is considered as part of a tradition that has never been abandoned by Indonesian society with situations and conditions of high spiritual values makes Indonesian people's belief in God and spirits that live around humans or those that smell mystical or black magic not uncommon in every region with their respective cultural characteristics, for example human rights violations in Banyumas Regency, namely the massacre allegedly carried out by black magic perpetrators with 250 victims. With this belief, it is not uncommon for people in some areas to have or even have the ability to see supernatural things or study black magic, for their own interests. So the question arises as a problem identification, namely 1. How are efforts to prove the crime of black magic according to Law Number 1 of 2023 concerning the Criminal Code? 2. How can the elements of black magic be called a criminal act based on Law Number 1 of 2023 concerning the Criminal Code? The research method used by the author is the normative legal approach method. The normative legal approach is a legal research conducted by examining library materials or secondary data as a basis for research by tracing laws and regulations and literature related to the problems studied by the author.
Legal Aspects of Ownership of Medical Records Documents as Objects of Material Property Rights for Hospitals Vira Komala; Edi Setiadi; Sri Ratna Suminar
International Journal of Law, Social Science, and Humanities Vol. 1 No. 2 (2024): IJLSH - November 2024
Publisher : Lembaga Pusat Studi Sosial dan Humaniora [LPS2H]

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70193/ijlsh.v1i2.167

Abstract

Article 297 paragraph (1) of Law Number 17 of 2023 concerning Health explains that medical record documents belong to health service facilities. This has legal consequences for hospitals to maintain the security, integrity, and confidentiality of medical records. However, patients still assume they are the owners of the contents of the records, so violations often occur in disclosing medical records which are not by the provisions. In the Indonesian legal system, ownership of property rights, according to Article 499 BW, is known as the term material which includes the meaning of goods and rights that property rights can control. With this background, the research aims to determine the legal aspects of ownership of medical record documents as objects of property rights for hospitals, so that disclosure of information contained in medical record documents is carried out by applicable legal provisions. The approach method used is normative juridical, the research specifications in this study are analytical descriptive. The data collection technique in this research is literature study and the analysis method in the research uses qualitative analysis methods. The research results prove that medical records can be classified as objects or goods (tangible objects). When referring to the grouping of objects, medical records can be categorized as movable objects. Medical records as movable objects can be owned by the party in charge of the property rights so that whoever controls the object is considered the owner as regulated in Article 1977 of the Civil Code.
Comparative Study on the Choice of Regulatory Models for the Formulation of Corruption Crimes in the Anti-Corruption Laws of Indonesia and Malaysia: Studi Komparatif Pemilihan Bentuk Pengaturan Tentang Model Penyusunan Tindak Pidana Korupsi dalam Undang-Undang Tindak Pidana Korupsi Indonesia dan Malaysia Ridwan; Setiadi, Edi; Yulia, Rena; Heniarti, Dini Dewi; Batubara, Gialdah Tapiansari; Jaya, Belardo Prasetya Mega
LITIGASI Vol. 26 No. 1 (2025)
Publisher : Faculty of Law, Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v26i1.19611

Abstract

Corruption in Indonesia has occurred at all levels of society as if corruption in Indonesia is never-ending to be discussed. Many law enforcers are involved in corruption, causing a community confidence crisis. Regardless, on the other hand, society is also apathetic and permissive towards criminal acts of corruption; society is also a contributor to corruption, especially in the implementation of the general and regional elections. It happens because of the perception that money politics is a natural thing in an imperfect democracy. This condition occurs because it is supported by the weak legal substance related to the crime of corruption. The weak legal substance is caused by legislative process errors, resulting in errors at the application and execution stages. So, it is necessary to examine the model of drafting laws related to the crime of corruption using normative juridical methods, namely analysing various laws related to the crime of corruption with a comparative approach by comparing the model of Indonesia's and Malaysia's anti-corruption laws drafting. The results showed that the drafting of corruption crimes in Indonesia is spread in several laws that can potentially cause disparities in justice. On the other hand, the drafting model of corruption crimes in Indonesia is carried out by separating the Criminal Code from the anti-corruption law, while in Malaysia, the drafting of the anti-corruption law is mutually reinforcing with the Penal Code.
Criminal Law Enforcement for Misuse of Cytotec Drugs that Provides Legal Certainty Wijaya, Diki; Setiadi, Edi; Mahmud, Ade
ENDLESS: INTERNATIONAL JOURNAL OF FUTURE STUDIES Vol. 7 No. 1 (2024): ENDLESS: International Journal of Future Studies
Publisher : Global Writing Academica Researching & Publishing

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

Abstract

This research aims to determine criminal law enforcement regarding acts of misuse of Cytotec drugs which provides legal certainty. Legal regulations concerning abortion practices in Indonesia have evolved to address societal changes and ethical considerations in medicine. According to Indonesian law, medical professionals are prohibited from performing abortions, aligning with religious doctrines and ethical standards. The Indonesian Doctor's Oath, based on the Geneva Declaration and enhancing the Hippocratic Oath, underscores the commitment to respect human life from conception onwards. This normative research utilizes secondary data initially, followed by primary data collection, to examine empirical-juridical aspects related to the enforcement of laws concerning Cytotec misuse for abortions, considering legal certainty principles. This research found that the previous Health Law until now is still consistent in prohibiting abortion except in cases that have been determined by law.
Effectiveness of Countering Acts of Terrorism Within Asean: Challenges and the Path Forward Dini Dewi Heniarti; Edi Setiadi
Jurnal Hukum Vol 41, No 3 (2025): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v41i3.37061

Abstract

Acts of terrorism have emerged as a non-traditional security challenge, exacerbating the intricacies of the geopolitical security discourse and the equilibrium of power while remaining a prevalent menace in the Southeast Asia region. This article seeks to explore effective strategies to confront the evolving threat act of terrorism to establish security and promote peace in the area. This study employs socio-legal approach by analyzing legal materials, primarily ASEAN policies and secondary data. Data analysis was conducted qualitatively, and the results were delivered descriptively to answer the research questions. As a regional organization, the approach used by ASEAN to handle acts of terrorism is ineffective because of the Asian Way. This principle prevents ASEAN from overcoming the issue because it focuses on non-binding, non-specific measures without establishing a mechanism to monitor progress against these acts of terror. This research offers novelty by encouraging the reevaluation, reorientation, and reformulation of the ASEAN Way concerning the rapid global dynamics and transnational challenges. It will strengthen the main pillars, adapt to global realities, and require commitment from all member countries.
Law Enforcement Against Perpetrators of Imported Clothing Smuggling as an Economic Crime to Enhance the National Economy Dini Ramdania; Edi Setiadi; Dini Dewi Heniarti; Ifeanyi M. Nwokeocha; Anurag Hazarika
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 2 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.7113

Abstract

Smuggling at present has reached an alarming level, no longer merely constituting an economic offense but amounting to an economic crime. The smuggling of goods, particularly textiles, has caused significant losses and adversely affected the national economy. The state’s response in establishing a special task force to address smuggling has, in practice, been unable to eradicate the influx of smuggled goods in a comprehensive manner. Measures undertaken thus far have proven inadequate in resolving the problem. The sanctions provided under Law No. 17 of 2006 on Customs, in the form of criminal penalties and/or fines, are considered insufficient if the objective is to recover the losses suffered by the state, both in terms of taxation and other economic consequences. In reality, such sanctions have failed to create a deterrent effect, leaving the state in a position of continual loss.
Reconsidering the Death Penalty for Bribery in Law Enforcement to Prevent and Eradicate Corruption in Indonesia Ridwan, Ridwan; Setiadi, Edi; Sambas, Nandang; Kartika, Arie; Anditya, Ariesta Wibisono
Jambe Law Journal Vol. 8 No. 2 (2025)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/41zyxg03

Abstract

Corruption is classified as an extraordinary crime due to its destructive impact on state administration, economic development, and public trust. Among the various forms of corruption in Indonesia, bribery constitutes the most fundamental and systemic offense, serving as the primary mechanism through which corruption is initiated, maintained, and normalized within public institutions. Within the justice system, bribery in law enforcement represents one of the most dangerous and corrosive forms of corruption, as it directly undermines the integrity of investigations, prosecutions, and judicial decisions. For this reason, extraordinary legal measures – including the death penalty – can serve as an alternative means to address severe bribery offenses. Nevertheless, its application in Indonesia faces legal challenges, mainly due to the shortcomings of the formulation of the death penalty provisions in the current Law on the Eradication of Corruption Crimes. Comparing with neighbouring countries concerning legal provisions for bribery, the author will assess how the reformulation or reconstruction of death penalty provisions could enhance the deterrent effect on corrupt officials in Indonesia. This study demonstrates that, despite ongoing debates over its implementation, the death penalty for bribery takers in Indonesia has a sound legal and rational foundation. Within law enforcement, it could strengthen the decisiveness of existing regulations and enhance their deterrent effect against such practices
Penegakan Hukum Pelaku Premanisme Pungutan Liar Di Transportasi Publik Kota Bandung Sahrul Aziz Maulana; Edi Setiadi
Jurnal Riset Ilmu Hukum Volume 6, No 1, Juli 2026, Jurnal RIset Ilmu Hukum (JRIH)
Publisher : UPT Publikasi Ilmiah Unisba

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29313/jrih.v6i1.10165

Abstract

Abstract. Illegal levies (extortion) committed by thuggery actors in the publictransportation sector remain a serious problem in the City of Bandung, as they causeeconomic losses, create a sense of insecurity, and reflect the lack of effective lawenforcement. This study aims to analyze the factors affecting the effectiveness of lawenforcement and to examine the implementation of criminal liability against perpetratorsof illegal levies based on the Indonesian Criminal Code (KUHP). This research uses anormative juridical approach with a descriptive-analytical specification, supported byprimary data obtained through interviews and secondary data in the form of laws andregulations, legal literature, and court decisions. The results show that law enforcementhas not been effective due to obstacles in legal substance, law enforcement structure, andlegal culture, causing law enforcement efforts to remain temporary and not yet create adeterrent effect. The implementation of criminal liability has been carried out inaccordance with legal provisions, but it has not yet been able to resolve the problemstructurally. This study concludes that strengthening consistent and sustainable lawenforcement strategies is necessary to realize legal protection and legal certainty forpublic transportation users. Abstrak. Praktik pungutan liar (pungli) oleh pelaku premanisme di sektor transportasipublik masih menjadi permasalahan serius di Kota Bandung karena menimbulkan kerugianekonomi, rasa tidak aman, serta mencerminkan belum optimalnya penegakan hukum.Penelitian ini bertujuan menganalisis faktor-faktor yang mempengaruhi efektivitaspenegakan hukum serta mengkaji implementasi pertanggungjawaban pidana terhadappelaku pungli berdasarkan Kitab Undang-Undang Hukum Pidana (KUHP). Penelitianmenggunakan pendekatan yuridis normatif dengan spesifikasi deskriptif-analitis, didukungdata primer melalui wawancara dan data sekunder berupa peraturan perundang-undangan,literatur, dan putusan pengadilan. Hasil penelitian menunjukkan bahwa penegakan hukumbelum berjalan efektif akibat kendala pada aspek substansi hukum, struktur penegakanhukum, dan budaya hukum masyarakat, sehingga penanganannya cenderung bersifattemporer dan belum menimbulkan efek jera. Implementasi pertanggungjawaban pidanatelah dilakukan sesuai ketentuan hukum, namun belum mampu menyelesaikan masalahsecara struktural. Penelitian ini menyimpulkan bahwa diperlukan penguatan strategipenegakan hukum yang konsisten dan berkelanjutan guna mewujudkan perlindungan dankepastian hukum bagi pengguna transportasi publik.
Reforming Environmental Criminal Law: A Comparative Study of the United States, the Netherlands, India, and Indonesia Olivia Anggie Johar; Edi Setiadi; Dini Dewi Heniarti
Kosmik Hukum Vol. 25 No. 2 (2025)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v25i2.26167

Abstract

Industrial pollution and environmental destruction are now worldwide problems that call for a strong criminal justice system. To manage pollution and environmental damage, several nations have adopted different environmental punishment methods. To offer suggestions for enhancing Indonesia's environmental legal system, this study intends to examine the variations in environmental criminal law procedures in the US, the Netherlands, India, and Indonesia. Normative juridical study using a comparative legal perspective is the methodology employed. According to research findings, the US has stringent laws governing law enforcement that are founded on the Deferred Prosecution Agreement (DPA) and strict responsibility. While India has the National Green Tribunal to expedite the handling of environmental complaints, the Netherlands enforces the Environmental Management Act through a combination of administrative and criminal fines. The application of criminal penalties, which are typically ineffective, continues to present difficulties for Indonesia. To improve the efficacy of environmental law enforcement, this study suggests that Indonesia establish a special environmental court and implement an environmental recovery mechanism based on the polluter pays principle.
The Integration of Restorative Justice in Indonesia’s Criminal Justice System: Building a Comprehensive Legal Framework Olivia Anggie Johar; Edi Setiadi
Kosmik Hukum Vol. 26 No. 1 (2026)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v26i1.27385

Abstract

The implementation of restorative justice in Indonesia has so far been fragmented, as each subsystem of the criminal justice system has issued its own regulations without comprehensive integration. This study examines the position of restorative justice within the Indonesian legal and criminal justice systems, while also proposing recommendations for its broader and more systematic application. Using a normative legal research method with statute and conceptual approaches, this study analyses secondary data through document review and literature study. The findings indicate that although restorative justice should, in principle, be applicable to all criminal offenses within the Indonesian legal system, its current application in the criminal justice system remains limited to specific cases. The novelty of this study lies in its proposal for an integrated legal framework—either through amendments to the Criminal Procedure Code (KUHAP) and the Criminal Code (KUHP) or through the enactment of a dedicated law—to comprehensively regulate restorative justice mechanisms. This contributes to the ongoing scholarly debate and provides a practical roadmap for legal reform in Indonesia.
Co-Authors Aditya Kazuya Pratama Alyusnan Yusuf Anditya, Ariesta Wibisono Anurag Hazarika Arie Kartika Bunga Annisa Widyanie Darusman, Yoyon Dini Dewi Heniarti Dini Dewi Heniarti Dini Dewi Heniarti Dinn Wahyudin Dinn Wahyudin, Dinn Erlena, Erlena Evan Firdaus Evan Firdaus Gialdah Tapiansari Batubara Helana, Ricky Herniarti, Dini Dewi Ifeanyi M. Nwokeocha Iqbal Tawakal Bale Jaya, Belardo Prasetya Mega Jeremia Hutagalung Komala, Vira M Rachmat Effendi M. Rahmat Effendi Mahmud, Ade Maimuna Latupono Malvin Muhamad Dicaprio Meliala Nur Ervianti Nanda Thalia Prayogi Nandang HMZ Nandang Sambas Neni Rohaeni Noorfajri Ismail Oksidelfa Yanto Olivia Anggie Johar Ramdania, Dini Ratna Januarita Regina Anjani Rena Yulia Ridwan Ridwan, Ridwan Rini Irianti Sundary Sahrul Aziz Maulana Saryan Rio Siva Muliawan SITI AHSANU NADYA Sri Ratna Suminar TUTI SUSILAWATI Vira Komala Wijaya, Diki Zuraidah zuraidah