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All Journal JURNAL LITIGASI (e-Journal) WAJAH HUKUM Unes Law Review Journal Sampurasun : Interdisciplinary Studies for Cultural Heritage International Journal for Educational and Vocational Studies Pena Justisia: Media Komunikasi dan Kajian Hukum Journal of Social Science Jurnal Pengembangan Manajemen, Bisnis, Keuangan dan Perbankan VARIA HUKUM: Jurnal Forum Studi Hukum dan Kemasyarakatan International Journal of Social Science Multidiciplinary Output Research for Actual and International Issue (Morfai Journal) Journal of Social Research East Asian Journal of Multidisciplinary Research (EAJMR) JISOS: Jurnal ilmu sosial Jurnal Pendidikan Dasar dan Sosial Humaniora Journal of Innovation Research and Knowledge Jurnal Pengabdian Mandiri Jurnal Ilmu Hukum, Humaniora dan Politik (JIHHP) i-Latinnotary Journal: Internasional Journal of Latin Notary Jurnal Ilmu Multidisplin Literacy : International Scientific Journals of Social, Education, Humanities JOEL: Journal of Educational and Language Research Journal of Social Science Rechtsnormen Journal of Law Majority Science Journal Journal of Smart Community Service Jurnal Hukum dan Keadilan Jurnal Pengabdian Masyarakat Ipso Jure Journal of Economic Empowerment Strategy (JEES) International Journal of Law, Crime and Justice Green Social: International Journal of Law and Civil Affairs Ipso Jure Journal of Strafvordering Indonesian JICL
Yusep Mulyana
Fakultas Hukum Universitas Pasundan
Religion Agriculture, Biological Sciences & Forestry Arts Humanities Astronomy Chemical Engineering, Chemistry & Bioengineering Chemistry Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Energy Engineering Environmental Science Health Professions Immunology & microbiology Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Mathematics Medicine & Pharmacology Physics Public Health Social Sciences Other

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Criminal Law Reform Policy in Indonesia: Balancing Justice, Morality, and Human Rights Mulyana, H. Yusep
Ipso Jure Vol. 2 No. 10 (2025)
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/ij.v2i10.53

Abstract

Criminal law reform in Indonesia is not only a legislative process, but also a reflection of complex battles over values and political interests. This study aims to analyze the role of political law in shaping the balance between justice, morality, and human rights in the 2023 revision of the Criminal Code (KUHP). Using a qualitative approach through document analysis, case studies, and interviews with legal experts and human rights activists, this study finds that politics plays a dominant role in determining the direction of criminal law reform. The tug-of-war between conservative and progressive groups creates legal compromises that often blur the line between social morality and the protection of human rights. The results of the study show that criminal law in Indonesia still functions as an instrument of political legitimacy, not merely as a means of substantive justice. Therefore, a participatory and transparent approach is needed so that criminal law reform can uphold social justice without sacrificing the basic rights of citizens.
THE LEGAL POSITION OF A PERPETRATOR WITNESS (JUSTICE COLLABORATOR) IN THE CRIMINAL OFFENSE OF HUMAN TRAFFICKING (TPPO) RELATED TO SEXUAL VIOLENCE UNDER THE LAW ON SEXUAL VIOLENCE CRIMES (UU TPKS) Mochamad Galih; Yusep Mulyana
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 6 No. 3 (2026): Multidiciplinary Output Research For Actual and International Issue
Publisher : RADJA PUBLIKA

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

Abstract

Human Trafficking (TPPO) related to sexual violence is an extraordinary crime that is organized, has widespread impact, and causes physical suffering, psychological suffering, and economic loss for victims. In law enforcement practice, law enforcement, and uncovering human trafficking (TPPO) networks often requires the role of witnesses (justice collaborators) to uncover the involvement of the main perpetrators. Normatively, the regulation of justice collaborators in Indonesia is regulated by Law Number 31 of 2014 concerning Witness and Victim Protection and is strengthened by Supreme Court Circular Letter Number 4 of 2011. However, Law Number 12 of 2022 concerning Sexual Violence (UU TPKS) does not explicitly regulate the mechanisms, criteria, and implications of granting justice collaborator status in sexual violence cases, including those related to TPPO. This normative vacuum has the potential to lead to inconsistent decisions, legal uncertainty, and an imbalance between the interests of proof and victim protection. This research uses a normative juridical method with a statutory, conceptual, and case study approach. The analysis was conducted on the regulation of justice collaborator in the Indonesian criminal law system, the position of witnesses and perpetrators in human trafficking cases based on sexual violence according to the TPKS Law, and its implications for the principles of justice and victim protection. The results of the study indicate that the regulation of justice collaborator is still general and has not been comprehensively integrated with the TPKS legal regime. As a result, the granting of this status is highly dependent on the discretion of law enforcement officials and judges. From the perspective of criminal law policy and due process of law, the granting of justice collaborator status must still guarantee the principles of proportionality, accountability, and protection of victims' rights, including the right to restitution and victim recovery. Therefore, it is necessary to harmonize regulations between the Witness and Victim Protection Law and the TPKS Law, as well as the formulation of clear technical guidelines regarding the procedures, criteria, and limitations for granting justice collaborator status in human trafficking cases based on sexual violence. This approach is important to strengthen the integrity of the criminal justice system while ensuring that victim protection and recovery remain the primary orientation in law enforcement.
Military Audit In Handling Criminal Acts of Desertion by TNI Members Based on Article 87 of the Military Criminal Code at Military Audit II-08 Bandung Mochamad Bintang Arvi Putra; Yusep Mulyana
Journal of Social Research Vol. 5 No. 1 (2025): Journal of Social Research
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v5i1.2922

Abstract

Desertion is one of the most serious offenses in the military environment, reflecting a lack of discipline and responsibility on the part of a soldier toward duties. This study aims to analyze the application of Article 87 of the Indonesian Military Criminal Code (KUHPM) to members of the Indonesian National Armed Forces (TNI) involved in desertion offenses within the jurisdiction of the Military Prosecutor's Office II-08 Bandung, to assess the effectiveness of the legal process, and to identify obstacles and legal solutions in law enforcement. This research employs a normative juridical method, using a literature study approach based on statutory regulations, legal doctrines, and relevant court decisions. The data are analyzed qualitatively to provide a comprehensive understanding of the application of military law in desertion cases. The results show that the implementation of Article 87 KUHPM by the Military Prosecutor's Office II-08 Bandung has been carried out firmly and in accordance with military legal procedures, from the investigation and prosecution stages to trial. The process has proven effective in enforcing discipline and deterring future violations, although some challenges remain, such as limited human resources, facilities, and difficulties in locating deserters. To enhance law enforcement effectiveness, efforts should focus on strengthening inter-agency coordination, improving legal personnel capacity, optimizing soldier rehabilitation, and increasing legal awareness within the TNI.
Pertanggungjawaban Pidana Korporasi Dalam Pelanggaran Perlindungan Konsumen Berdasarkan Analisis Prinsip Keadilan Konsumen : Corporate Criminal Liability for Consumer Protection Violations Based on an Analysis of the Principle of Consumer Justice Eka Erfianty Putri; Yusep Mulyana; Meitria Cahyani
Journal of Indonesian Comparative of Syari'ah Law Vol. 9 No. 1 (2026): Journal of Indonesian Comparative of Syari'ah Law (JICL): Jurnal Perbandingan H
Publisher : Journal of Indonesian Comparative of Syari'ah Law

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21111/jicl.v9i1.21

Abstract

The digital economic transformation and corporate dominance in market activities have increased the complexity of consumer protection violations, which can no longer be adequately addressed through civil or administrative approaches alone. The main issue in this study lies in the suboptimal construction of corporate criminal liability in ensuring justice for consumers, both in terms of determining fault and the effectiveness of the sanctions imposed. This study aims to analyse corporate criminal liability in consumer protection violations based on the principle of consumer justice, to examine the criminal sanction system applied, and to formulate measures to enhance the effectiveness of criminal law enforcement against corporations. The research method employed is a normative legal approach using both a statutory and a conceptual framework. Data was obtained through a literature review of primary, secondary, and tertiary legal sources, and subsequently analysed qualitatively using a legal-analytical method. The results of the study indicate that corporate criminal liability can be constructed through the doctrines of identification, vicarious liability, and strict liability, which are normatively capable of addressing corporate fault at both the policy and operational levels. However, its implementation still does not fully reflect the principle of consumer justice due to the predominance of criminal liability for individuals, the limitations in proving corporate fault, and the suboptimal use of criminal sanctions. The system of criminal sanctions against corporations tends to rely on fines, which in practice have not been effective without the support of additional sanctions such as restitution, revocation of business licences, and the public announcement of court rulings. This study concludes that strengthening corporate criminal liability requires an approach oriented towards consumer justice through the integration of sanctions that are repressive, preventive, and restorative in nature. The contribution of this study lies in the development of an analysis of corporate criminal law based on the principle of consumer justice as an evaluative foundation for the reform of consumer protection law in Indonesia.
Co-Authors Andi Cakra Cindrapole Andi Kurniawan Andi Kurniawan Calvinna Bella Gisella Eka Erfianty Putri Ermaya, Berna Fauzan . Gisella, Calvinna Bella Hapsari, Trisa Aprillia Hj. Ummi Maskanah Juaidah Agustina, Juaidah Lestahulu, Ridwan Fauzy Luana Meteora Netanya Utami Meitria Cahyani Meti Zuliyana, Meti Mochamad Bintang Arvi Putra Mochamad Galih Nanindya Nataningrum Narwadan, Theresia Nolda Agnes Pasha, Adam Kemal Permatasari, Nuryanti PN, Trinandari Pratiwi, Najhan Kemuning Harum Putri, Amanda Valentina Rachmawati, Diana Widhi Rosmini, Sitti Subarsyah Subarsyah Taufik Muhamad Oktavian Yuni Shaputri, Siti Nurewah Zulfikar Muhammad, Zulfikar ZURAIDAH ZURAIDAH