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The Development of Punishment in Indonesian Criminal Law Darmawan, Iwan; Nugraha, Roby Satya; Sihombing, Alfies L.
JURNAL AKTA Vol 11, No 4 (2024): December 2024
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v11i4.41309

Abstract

With the birth of Law Number 1 of 2023 concerning the Criminal Code, it gives great hope for the development of punishment and punishment in Indonesian Criminal Law, which in turn gives hope for the fulfillment of a sense of public justice and the establishment of criminal law that guarantees legal protection from the threat of criminal offenders who can endanger the survival of the nation and state. Efforts to fundamentally reform the Indonesian criminal law have been carried out by reforming Law Number 1 of 2023 concerning the Criminal Code. The purpose of this study is to explain in detail that the development of punishment and punishment in Indonesian criminal law has undergone a fairly long development covering the Dutch colonial period, the independence period and post-independence. In the period before independence, the development of Indonesian Criminal Law was only limited to the colonial period or the Dutch colonization period. This research uses normative juridical research method. The conclusion that can be stated is that in the period before the Dutch colonization, the development of Indonesian Criminal Law was included in the scope of the Ancient Nusantara Criminal Law contained in the Ancient Nusantara Law Books originating from the period of kingdoms in the archipelago. This research finally recommends that in addition to the ancient Indonesian criminal law originating from the period of kingdoms in the archipelago, there is also customary criminal law spread throughout Indonesia.
Sexual Grooming of Children Mode through Live Streaming: Legal Gaps in the Face of Anonymity of Online Transactions Sihombing , L. Alfies; Nuraeni , Yeni; Wahyudi, Wahyudi; Judijanto , Loso; Ghafar , Abidah Abdul
Lex Scientia Law Review Vol. 9 No. 2 (2025): November, 2025: Law, Policy, and Governance in Contemporary Socio-Economic Tran
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lslr.v9i2.28259

Abstract

The rapid development of digital technology has enabled new forms of child sexual exploitation, including sexual grooming conducted through live-streaming platforms. This phenomenon demonstrates not only the heightened vulnerability of children in cyberspace but also the limitations of national legal frameworks in addressing crime patterns characterized by anonymity and online financial transactions. This study employs a combined normative and empirical juridical approach to provide a comprehensive understanding of online grooming cases in Indonesia. The normative component analyzes statutory provisions, child protection laws, and digital platform regulations to identify the intended legal protections for children. The empirical component complements this by collecting first-hand insights through semi-structured interviews with law enforcement officers, representatives of the Indonesian Child Protection Commission (KPAI), digital platform operators, and victim support companions. The integration of these approaches reveals gaps between legal norms and enforcement practices, particularly regarding institutional constraints, reporting mechanisms, and socio-technical challenges faced in case handling. The findings show that grooming through live streaming involves complex psychological manipulation facilitated by platform features that allow perpetrators to maintain anonymity. Current regulations do not explicitly recognize online grooming as a distinct criminal offense, nor do they adequately address anonymous electronic transactions commonly used in this crime. Court decisions also illustrate inconsistencies in legal application due to the absence of specific norms governing technology-based grooming. These findings highlight the urgency of reformulating national legal policies by introducing explicit criminal norms on digital grooming, strengthening penalties for online media–based sexual crimes, and regulating anonymous online transactions. The study further recommends enhancing the role of digital financial institutions and technology platforms in prevention, monitoring, and reporting mechanisms. In addition, community-based education and preventive interventions are essential to complement law enforcement efforts and create a safer digital environment for children.
Legal Protection for Domestic Violence Due to Advances in Information and Communication Technology Lasmin Alfies Sihombing
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 20 No. 2 (2021): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v20i2.3307

Abstract

In the ever-evolving digital era, technological developments have had a significant impact on social relationships and family dynamics. Although ICT offers various conveniences in communicating and accessing information, there are challenges and risks associated with using this technology. This study seeks to examine the impact of advances in information and communication technology (ICT) on intimate partner violence (KDRT) and the penal law protections available in this context. This study employs a normative legal research methodology to investigate and analyze legal materials and related literature on domestic violence and the impact of ICT developments. According to the findings of this study, the development of information and communication technology (ICT) has had a significant effect on the incidence of domestic violence (KDRT). Online Gender-Based Violence (KBGO) has emerged as a new form of violence that employs technology to harass, denigrate, exploit, and intimidate victims on the basis of their gender or sexuality. Domestic violence perpetrators use Law no. 11 of 2008 concerning Information and Electronic Transactions (ITE) in Indonesia, specifically Article 27 Paragraphs (1) and (3) Jo. Article 45 of the ITE Law, to suppress domestic violence victims and continue the misuse of technology. However, the existence of the ITE Law in the context of KBGO has also raised concerns regarding free speech and the protection of domestic violence victims..
ANALYSIS OF THE ERADICATION OF CORRUPTION IN INDONESIA: CHALLENGES AND EFFECTIVENESS OF REVERSING THE BURDEN OF PROOF Lasmin Alfies Sihombing; Yeni Nuraeni
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i1.6046

Abstract

Corruption in Indonesia is a serious problem that not only results in significant financial losses, but also has the potential to destroy social, economic, and democratic stability. Corruption has become a systematic crime, causing state losses of trillions of rupiah every year. This study aims to analyze various factors that affect the increase in corruption cases and the effectiveness of legal policies in eradicating them. Using a normative juridical approach, this study examines applicable regulations, including Law Number 20 of 2001 which regulates the reversal of the burden of proof in corruption cases. This study found that the implementation of a reverse evidentiary system can speed up the legal process and help uncover the material truth. However, the main challenges in eradicating corruption are low law enforcement, a permissive culture of law violations, and incompatibility of the law with the dynamics in the field. Therefore, periodic evaluation of regulations, strengthening the integrity of law enforcement officials, and strict supervision of the state budget are necessary. It is hoped that with these steps, efforts to eradicate corruption in Indonesia can be more optimal and have a positive impact on people's welfare.
Unraveling The Tangled Threads in The Handling of Corruption Crime & Its Impact on The Effectiveness of The Criminal Justice System in Indonesia Sihombing, Alfies; Nuraeni, Yeni
JURNAL AKTA Vol 12, No 4 (2025): December 2025
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v12i4.50255

Abstract

Handling corruption in Indonesia is a crucial issue that affects the integrity and effectiveness of law enforcement. Based on Law No. 31 of 1999 amended by Law No. 20 of 2001, corruption includes various acts that harm state finances, such as abuse of authority and bribery. Data from Transparency International shows that corruption remains a serious problem with Indonesia's Corruption Perception Index in 2023 scoring 34 out of 100. This research aims to provide academic insights and practical policy recommendations to improve the effectiveness of law enforcement and corruption eradication in Indonesia. The main focus of this research is on institutional reform, improving supervision, and strengthening accountability to strengthen the integrity of the criminal justice system and increase public trust in law enforcement institutions. This research uses a normative juridical methodological approach by utilizing various analytical techniques, including comparative, conceptual, and statutory approaches. This research shows that structural and procedural weaknesses in handling corruption in Indonesia, such as unclear legal definitions and weak institutional coordination, hinder the effectiveness of corruption eradication. Legal reforms, structural improvements, and strengthened oversight are needed to improve the justice system, build public trust, and support equitable social and economic development.
Pendampingan Strategi Akademik melalui Sinergi Dosen dan Institusi bagi Mahasiswa Fakultas Hukum UNINUS Prayuti, Yuyut; Nuraeni, Yeni; Sihombing, L. Alfies; Herlina, Elis; Rasmiaty, Mia
Jurnal Pengabdian kepada Masyarakat Nusantara Vol. 7 No. 1 (2026): Edisi Januari - Maret
Publisher : Lembaga Dongan Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55338/jpkmn.v7i1.8431

Abstract

Kegiatan ini berangkat dari kebutuhan Fakultas Hukum Universitas Islam Nusantara untuk memperkuat capaian prestasi mahasiswa yang masih menghadapi kendala motivasi belajar, keterbatasan literasi digital dalam penyusunan karya ilmiah, serta kurangnya pemahaman terhadap prosedur kompetisi dan rekognisi prestasi. Permasalahan tersebut berdampak pada belum optimalnya konversi potensi mahasiswa menjadi capaian prestasi yang terstruktur. Kegiatan ini menawarkan penguatan sinergi antara peran dosen dan dukungan institusional melalui pendekatan Participatory Action Research (PAR) yang diintegrasikan dengan mentoring intensif, coaching clinic penulisan proposal, dan service learning. Pelaksanaan dilakukan melalui tahapan identifikasi kebutuhan, pendampingan teknis, serta monitoring capaian prestasi mahasiswa. Hasil kegiatan menunjukkan peningkatan kesiapan mahasiswa dalam mengikuti kompetisi, perbaikan kualitas karya ilmiah, serta meningkatnya partisipasi mahasiswa dalam kegiatan akademik dan non-akademik. Dampak konkret tercermin dari keterlibatan mahasiswa dalam Program Kreativitas Mahasiswa (PKM), perolehan penghargaan pada konferensi ilmiah mahasiswa, serta capaian prestasi olahraga tingkat regional dan nasional. Temuan ini menunjukkan bahwa integrasi pendampingan dosen dan kebijakan institusi yang suportif efektif dalam memperkuat ekosistem prestasi mahasiswa yang berkelanjutan di era Society 5.0.
Social Media, Fake News, Information Manipulation and Democracy and The Challenges of Finding Legal Truth in The Post-Truth Era Sihombing, Lasmin Alfies; Darmawan, Iwan; Prayuti, Yuyut
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i2.4797

Abstract

The post-truth era creates uncertainty in the search for absolute truth, where objective facts are less influential in shaping public opinion than emotions and personal beliefs. This phenomenon has a negative impact on the democratic process, public perception of democratic institutions, and legal justice. The challenge of distinguishing facts from fabricated opinions affects law enforcement and the integrity of the democratic process. The research method used in this article is normative legal research that examines law as norms or rules that apply in society, focusing on document analysis and the use of legal sources. This research aims to find legal norms that are relevant in answering certain legal challenges or problems, as well as to produce arguments and theories as guidelines in resolving legal cases using secondary data (library research or document studies). In the post-truth era, law remains an important foundation in maintaining justice and order. Although challenges to political correctness can shake public confidence, the roots of law remain strong. The post-truth phenomenon is an irrational phenomenon, while legal truth (ontologically, epistemologically, and axiologically) is related to rational things, so it is quite difficult to debate and bring these two things together. Therefore, it is important to position the two different things in a position where we can find the most basic thing, both philosophically and legally.
Application of the Principle of Legal Certainty in the Execution of an Arbitral Award in Indonesia Vivi Vivi; L.Alfies Sihombing; Yeni Nuraeni
Jurnal Indonesia Sosial Teknologi Vol. 5 No. 6 (2024): Jurnal Indonesia Sosial Teknologi
Publisher : Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jist.v5i6.1139

Abstract

In principle, the legal system regulates the life of a community so that conflicts do not occur, although often these conflicts cannot be avoided, a principle of legal certainty is needed in resolving disputes through arbitration and how the execution of an arbitral award in Indonesia can be applied or implemented. The legal system has an important role to play in resolving these conflicts. The legal system in the judicial world has a major influence in the application of law, especially for judges in examining and deciding a case. Judges in deciding a case will definitely pay great attention to the legal system in their jurisdiction. In addition, the Panel of Judges uses the decisions of other judges who decide cases whose substance in principle has similarities to be used as a reference and consideration in deciding a case.
Analysis of Adjudicative Authority in Regional Election Disputes: A Case Study of the Cianjur Regency Regional Election Dispute Based on Law Number 10 of 2016 and Its Amendments on the Election of Governors, Regents, and Mayors Sinaga, Dahman; Nuraeni, Yeni; Sihombing, Lasmin Alfies
JURNAL AKTA Vol 12, No 4 (2025): December 2025
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v12i4.51409

Abstract

The administration of regional head elections (Pilkada), as a manifestation of popular sovereignty, requires a dispute resolution mechanism that ensures justice and legal certainty. However, Law No. 10 of 2016 distributes dispute resolution authority among several institutions, which in practice creates the potential for jurisdictional conflicts. This study examines the problem of overlapping authority between the General Courts in handling electoral criminal offenses and the Constitutional Court in resolving disputes over Pilkada results. The objective of this research is to analyze juridically the source of the conflict of authority and its impact on legal certainty, with a case study of the Cianjur Regency Pilkada. The findings indicate that the fragmented attribution of authority under Law No. 10 of 2016 does not provide a synchronization mechanism between criminal judgments that have obtained permanent legal force (inkracht) and decisions on election result disputes (PHPU) that are final and binding. This condition produces a dualism of contradictory legal truths between the District Court and the Constitutional Court. Consequently, it leads to legal uncertainty and the potential delegitimization of Pilkada results. This study recommends the establishment of a specialized Pilkada court to comprehensively integrate all dispute resolution regimes.