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All Journal Masalah-Masalah Hukum LAW REFORM Jurnal Hukum Progresif Yustisia Al-'Adalah JURNAL LITIGASI (e-Journal) FIAT JUSTISIA: Jurnal Ilmu Hukum Jurnal Dinamika Hukum Jurnal Hukum Novelty PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Journal of SouthEast Asian Human Rights INDONESIAN JOURNAL OF CRIMINAL LAW STUDIES Journal of Indonesian Legal Studies Integritas: Jurnal Antikorupsi Al-'Adl Substantive Justice International Journal of Law Lex Scientia Law Review Jambe Law Journal Bina Hukum Lingkungan Jambura Law Review Jurnal Yudisial Negara Hukum: Membangun Hukum untuk Keadilan dan Kesejahteraan Kosmik Hukum Community Development Journal Supremasi Hukum: Jurnal Penelitian Hukum AL IMARAH : JURNAL PEMERINTAHAN DAN POLITIK ISLAM University Of Bengkulu Law Journal Indonesian Comparative Law Review JURNAL PEMBANGUNAN HUKUM INDONESIA Lampung Journal of International Law (LaJIL) Journal of Judicial Review Indonesia Private Law Review Jurnal Rechts Vinding : Media Pembinaan Hukum Nasional Majalah Keadilan NEGREI: Academic Journal of Law and Governance Administrative and Environmental Law Review Yuridika Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Jurnal Lemhannas RI JUSTICIA SAINS: Jurnal Ilmu Hukum Bina Hukum Lingkungan Jurnal Hukum dan Peradilan Trunojoyo Law Review Supremasi Hukum: Jurnal Kajian Ilmu Hukum Jurnal Hukum Pidana dan Kriminologi Al-Istinbath: Jurnal Hukum Islam Journal of Law, Environmental and Justice Jurnal Hukum Islam Journal of Law and Legal Reform The Indonesian Journal of International Clinical Legal Education Strategi Memperkuat Integritas Lembaga Peradilan Indonesia Milthree Law Journal Judex Laguens Jurnal Dinamika Hukum Jurnal Legislasi Indonesia Lex Scientia Law Review "Indonesian Journal of Environmental Law and Sustainable Development " JILS (Journal of Indonesian Legal Studies) International Law Discourse in Southeast Asia Indonesian Journal of Criminal Law Studies INTERNATIONAL JOURNAL OF SOCIETY REVIEWS (INJOSER) Jurnal Kajian Pembaruan Hukum Jurnal HAM International Journal of Constitutional and Administrative Law
Fernando, Zico Junius
Fakultas Hukum Universitas Bengkulu
Religion Arts Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Immunology & microbiology Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences Other

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Transnational Environmental Crime in the Context of International Criminal Law and Victim-Centered Environmental Justice Zico Junius Fernando; Firdaus Arifin; Muhamad Adystia Sunggara; Fardana Kusumah
Lampung Journal of International Law Vol. 7 No. 1 (2025)
Publisher : Faculty of Law Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/lajil.v7i1.4338

Abstract

Transnational environmental crimes are among the most complex and destructive forms of cross-border criminality, including wildlife trafficking, illegal trade of endangered species, transboundary pollution, and unlawful exploitation of natural resources by state and non-state actors. These offenses have yet to gain explicit recognition as core international crimes, despite their severe impacts on ecosystems, geopolitical stability, and local communities. This article examines the urgent need to incorporate transnational environmental crimes into international criminal law and emphasizes a victim-centered environmental justice approach to restore the rights and sustainability of affected communities. Using normative and comparative legal analysis, it advocates recognizing ecocide and cross-border environmental offenses as serious violations of ecological justice and human rights. The study further explores how victim protection frameworks can extend to Indigenous communities, future generations, and non-human entities, offering guidance for Indonesia in building a more responsive, transnational, and victim-oriented environmental criminal justice system.
Integration of Living Law as an Optimization of Diversion in the Juvenile Justice System in Indonesia Beniharmoni Harefa; Kayus K Lewoleba; Zico Junius Fernando
Journal of Indonesian Legal Studies Vol. 11 No. 1 (2026): Contemporary Legal Responses to Technological, Economic, and Social Change
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v11i1.34060

Abstract

The implementation of diversion in the Juvenile Criminal Justice System in Indonesia still faces various obstacles that result in less than optimal implementation. These obstacles include limited human resources with specific competencies in the juvenile criminal justice system, weak coordination between law enforcement officials, limited supporting facilities and infrastructure, and low legal literacy among the public, which cumulatively create a gap between the normative objectives of the juvenile criminal justice system based on the principles of restorative justice and the best interests of the child and the actual conditions in the field. This study aims to comprehensively analyze the implementation of diversion, identify emerging obstacles, and formulate an ideal model for implementing diversion that aligns with the values of living law in society by comparing the living laws of the Balinese, Baduy, Dayak, and Nias communities. The method used combines a normative juridical approach, through a review of legislation, legal doctrine, and relevant literature, with empirical studies conducted through quantitative and qualitative data collection, case studies, interviews, and Focus Group Discussions (FGDs) with law enforcement officials, academics, and child protection practitioners. The results of the study indicate that the success rate of diversion in the last four years has tended to fluctuate, with an increase in the number of cases directed to diversion, but not always accompanied by an improvement in the quality of resolution. The identified barriers are structural, cultural, and technical, which interact with each other and influence the effectiveness of implementation. In addition, the potential for integrating customary legal values as a means of strengthening social legitimacy and increasing compliance with diversion agreements was discovered.
Environmental Genocide and the Urgency to Criminalize Ecocide in Modern Criminal Law Reform Zico Junius Fernando; Firdaus Arifin; Muhamad Adystia Sunggara; Chairul Huda; Fardana Kusumah
Administrative and Environtmental Law Review Vol 7 No 1 (2026)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/aelr.v7i1.5010

Abstract

Environmental genocide refers to systematic ecological destruction that threatens the survival, identity, and dignity of particular communities, especially Indigenous and marginalized groups. This article argues that ecocide should be constructed as the legal offense capable of responding to such destruction within modern criminal law. Using a descriptive-prescriptive normative legal method, this study applies statutory, conceptual, and comparative approaches to examine the limits of existing environmental criminal law and to formulate a more precise model for criminalizing ecocide. The comparison focuses on the European Union, France, Ecuador, and Bolivia by assessing four variables: the definition of ecological harm, the threshold of severity, corporate and state accountability, and enforcement mechanisms. The study finds that Indonesian environmental law already recognizes serious environmental crimes and corporate liability, but it remains oriented toward pollution, administrative violation, and damage-based liability rather than systematic ecological destruction with cultural, intergenerational, and community-based consequences. This article proposes that ecocide be formulated as a distinct offense based on four core elements: unlawful or wanton conduct; severe, widespread, or long-term ecological damage; knowledge or intent regarding the risk of such damage; and aggravated liability where the destruction affects vulnerable communities or Indigenous peoples. The article contributes a doctrinal model for integrating ecocide into Indonesian criminal law reform through amendment of environmental legislation or the creation of a lex specialis on serious ecological crimes.
Customary Council Decisions as Grounds for the Elimination of Prosecution: Notes on the Criminal Procedure Code Aris Hardinanto; Zico Junius Fernando; Nahdiya Sabrina; Eka Nugraha Putra; Benny Sumardiana
IJCLS (Indonesian Journal of Criminal Law Studies) Vol. 11 No. 1 (2026): Indonesia J. Crim. L. Studies (May, 2026)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v11i1.31803

Abstract

This article examines whether decisions issued by customary councils should constitute a legal ground for the elimination of prosecution under Indonesia’s Law No. 20 of 2025 on the Criminal Procedure Code. Following the enactment of Law No. 1 of 2023 on the National Criminal Code, customary criminal law has been formally recognized as part of Indonesian living law. However, the Criminal Procedure Code does not provide procedural provisions governing the relationship between customary justice mechanisms and the state criminal justice system. Using normative legal research with statutory and case approaches, this study analyzes Supreme Court jurisprudence recognizing customary decisions as a valid basis for eliminating prosecution. The findings indicate that the lack of procedural recognition creates legal uncertainty and undermines the principle of legal pluralism. Therefore, this article proposes the inclusion of a specific provision in the Criminal Procedure Code that recognizes customary council decisions as a ground for eliminating prosecution when the offender has complied with the imposed customary sanction.
Knitting Democracy, Separating Restraints: Legal Reform and a Critical Analysis of Article 256 of the New Criminal Code and its Impact on Freedom of Speech Zico Junius Fernando; Kiki Kristanto; Ariesta Wibisono Anditya
Journal of Law and Legal Reform Vol. 5 No. 2 (2024): Justice and Law Reform in Various Perspectives
Publisher : Faculty of Law, Universitas Negeri Semarang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.vol5i2.1670

Abstract

In Indonesia's democratic landscape, the presence of Article 256 of the Criminal Code has become a crucial point in discussions on freedom of expression and human rights. This article, with its criminal provisions for demonstration organisers who do not give prior notice to the authorities, poses a significant dilemma. The threat of imprisonment for up to six months and/or a maximum fine of Rp10 million raises deep questions about the space given to citizens to express their opinions in public spaces. This research uses normative legal research methods using statutory, conceptual, comparative, and futuristic approaches. The nature of this research is descriptive-prescriptive. The data that has been collected is analysed using the content analysis method. This research conducts an in-depth exploration of the implications of Article 256 of the current Criminal Code, which threatens criminal sanctions for organisers of unannounced demonstrations. This research investigates how this regulation has the potential to curb individual freedom of expression in public spaces, as well as its impact on the quality of democracy and the maintenance of human rights in Indonesia. The findings of this research confirm that Article 256 of the Criminal Code is a step backward in democratic practice and jeopardises freedom of expression. The research underscores the urgency of revising this regulation to ensure that the right to express opinions in public, as mandated by Law No. 9 of 1998, is protected as a key element in democracy and human rights. This reflects the importance of maintaining public space as an arena for free discussion and criticism, which is at the core of a healthy democratic system.
Critical Analysis of Living Law Formulation in Law No. 1 of 2023 Concerning the Criminal Code: Towards Law Reform to Realize Justice with the Spirit of Pancasila Aris Hardinanto; Barda Nawawi Arief; Joko Setiyono; Zico Junius Fernando; Nahdiya Sabrina
Journal of Law and Legal Reform Vol. 5 No. 3 (2024): Various Issues on Law Reform in Indonesia and Beyond
Publisher : Faculty of Law, Universitas Negeri Semarang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v5i3.13923

Abstract

The government is trying to reform national law in the field of criminal law by drafting a Criminal Code Bill (RUU KUHP) to replace Wetboek van Strafrecht. The culmination of this preparation was the promulgation of the Criminal Code Bill on January 2, 2023, through Law No. 1 of 2023 concerning the Criminal Code (KUHP). However, there are not many articles that discuss the process and critical analysis of living law formulation as stated in the provisions of Article 2 of the Criminal Code and their explanations. The research method used was legal research with statute, historical, comparative legal, and conceptual approaches. The results of this research conclude that the living laws are formulated inconsistently in terms of scientific substance. In order to make this formulation can realize justice based on Pancasila, it can be achieved in several ways. First, there is a need to reinterpret living legal concepts by involving experts in customary law, legal anthropology, legal sociology, and interdisciplinary legal researchers. Second, redefining the meaning of law that lives within the body of the Criminal Code is not limited to customary law, especially the principle of legality, but also includes customary law and traditional laws in traditional societies. Third, formulating formal law/criminal procedural law as the enforcer of material criminal law/National Criminal Code by re-establishing and recognizing customary courts in the Indonesian criminal justice system whose application in society is to realize the fifth principle of social justice for all Indonesian people from Pancasila.
Blockchain and Corporate Criminal Liability: Law Reform and the Technological Revolution in Corporate Accountability Herlina Manullang; Zico Junius Fernando; Asrul Ibrahim Nur
Journal of Law and Legal Reform Vol. 6 No. 3 (2025): July, 2025
Publisher : Faculty of Law, Universitas Negeri Semarang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v6i3.22472

Abstract

The rapid development of blockchain technology is reshaping various dimensions of governance, particularly in strengthening corporate accountability and addressing corporate criminal liability. This paper examines how blockchain, through its inherent features of decentralization, transparency, immutability, and smart contracts, can offer innovative tools to reform legal frameworks governing corporate behavior. These features enable more robust compliance monitoring, secure and tamper-proof evidence handling, and efficient fraud detection mechanisms. By integrating blockchain into corporate governance systems, companies can enhance regulatory compliance and reduce the risks of misconduct. Smart contracts, in particular, allow the automation of enforcement procedures, minimizing human error and corruption while increasing legal predictability. This paper further explores how blockchain facilitates proactive legal oversight and redefines how liability is tracked and enforced within corporate structures. Despite its potential, the adoption of blockchain within legal systems faces several challenges, including regulatory ambiguity, privacy issues, and the necessity for international legal harmonization. To illustrate the real-world application of blockchain in legal reforms, this study presents comparative case analyses from jurisdictions that are at the forefront of blockchain regulation and implementation in corporate governance. Ultimately, this paper argues that blockchain serves not merely as a technological tool but as a catalyst for transforming the philosophy and practice of corporate criminal liability. To realize its full potential, collaborative efforts among legislators, regulators, and private sector actors are essential. The paper concludes with strategic recommendations for incorporating blockchain into corporate criminal law, aiming to enhance transparency, ensure compliance, and strengthen governance frameworks in line with technological progress.
Potensi Overkriminalisasi Dalam Tindak Pidana Agama: Analisis Kritis Terhadap Perumusan Kitab Undang-Undang Hukum Pidana Nasional Baru (UU No. 1 Tahun 2023) Zico Junius Fernando; Sri Wulandari; Panca Sarjana Putra
Jurnal HAM Vol 14 No 3 (2023): Edisi Desember
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2023.14.205-216

Abstract

Overcriminalization in the context of criminal law refers to the phenomenon where too many behaviors are defined as criminal offenses, which ultimately results in the expansion of law enforcement powers and an increase in the number of individuals caught up in the criminal justice system. This study examines overcriminalization in the formulation of religious offenses contained in Law Number 1, the Year 2023 on the Criminal Code (KUHP), focusing on Article 302 on incitement of a person to no religion or belief adopted in Indonesia and its impact on atheists or non-religious communities. The analysis highlights several important issues, such as the unclear definition of "inciting" in the article, its impact on freedom of speech, potential discrimination against minorities, and misuse of the law for political purposes. The research was conducted using a qualitative method, combining document studies, literature reviews, and analysis of relevant case law. The results show that Article 302 of the New National Criminal Code may lead to overcriminalization, as it regulates acts that can be considered part of freedom of expression and religion. This article can also be considered as limiting the right of individuals to choose their beliefs or religion, including the right not to have religious beliefs. In addition, this research highlights that this article is vulnerable to abuse by parties who have political interests or want to target specific groups. As a recommendation, this study suggests the need to reform the formulation of Article 302 of the National Criminal Code to reduce the impact of overcriminalization and protect human rights, such as freedom of speech.
Legal Enforceability of Forum Selection Clauses in Preliminary Sale and Purchase Agreements for Cross-Regional Transactions Timotius Febry Cristian Wahyu Sutrisno; Trinas Dewi Hariyana; Ali Huristak Hartawan Hasibuan; Zico Junius Fernando
The Indonesian Journal of International Clinical Legal Education Vol. 8 No. 2 (2026): June
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijicle.v8i2.58218

Abstract

The increasing use of Preliminary Sale and Purchase Agreements (Perjanjian Pengikatan Jual Beli/PPJB) in cross-regional land transactions has generated legal uncertainty regarding the enforceability of forum selection clauses, particularly where the parties, the designated forum, and the immovable property are located in different judicial jurisdictions. This study aims to examine the legal basis for the validity of forum selection clauses under Article 118 of the Herziene Indonesisch Reglement (HIR) and Article 1338 of the Indonesian Civil Code, as well as their implications for the relative jurisdiction of district courts and the delegated execution of judgments. The study employs normative legal research using statutory, conceptual, and case approaches through qualitative analysis of legislation, legal doctrines, and Supreme Court jurisprudence. Unlike previous studies that discuss forum selection clauses in isolation, this research develops an integrated analytical framework by linking the legal character of PPJB, contractual autonomy, relative jurisdiction, Supreme Court jurisprudence, and delegated execution involving immovable property. The findings demonstrate that a forum selection clause incorporated into a valid PPJB constitutes a binding manifestation of the principle of freedom of contract and is enforceable under Article 118(4) HIR in conjunction with Article 1338 of the Civil Code. Nevertheless, such contractual autonomy applies only to the adjudication stage and does not override the territorial principle governing the execution of judgments under Article 195 HIR. Accordingly, judgments rendered by the designated court remain enforceable through delegated execution by the district court where the immovable property is located. This study contributes to the harmonization of Indonesian contract law and civil procedural law while providing practical guidance for judges, notaries, and legal practitioners in resolving disputes arising from cross-regional PPJB transactions.
Revenge Porn: Digital Crimes and Implications for Victims Zico Junius Fernando; Papontee Teeraphan; Jaco Barkhuizen; Agusalim Agusalim
Kosmik Hukum Vol. 23 No. 2 (2023)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v23i2.18542

Abstract

In today's digital era, problems related to cybercrime are increasing, one of which is "Revenge Porn". Revenge porn refers to deliberately distributing pornographic content without the consent of the person seen in the content, often done by ex-spouses as a form of revenge. Due to the easy access and dissemination of information through the internet, revenge porn has become a threat to many individuals, especially women. Victims of this act often face social stigmatization, isolation, and depression. The stigma attached to victims affects their social and work lives, hampering their opportunities in many aspects of life. This research utilizes normative legal methods by adopting statutory, conceptual, comparative, and futuristic approaches. The nature of this research is descriptive-prescriptive. The data that has been collected is analyzed using the content analysis method. This research results in that apart from psychological and social impacts, and revenge porn also has legal implications. Some countries have responded by implementing specific laws to address this issue, but the challenge is distinguishing between the right to freedom of expression and invasion of privacy. Understanding this issue is essential for victims and society to build awareness and prevent the spread of this kind of digital crime. People can protect themselves and others from the dangers of revenge porn with proper understanding and preventive measures.Keywords: Revenge Porn, Digital Crime, Psychological Impact, Social Stigmatization.
Co-Authors Achmad Cholidin Agus Manfaluthi Agus Salim Agus Salim Agusalim Agusalim Agusalim Agusalim Agusalim, Agusalim Ahmad Wali Akhmad Akhmad Ali Huristak Hartawan Hasibuan Ali Masyhar Ana Silvia Ana Silviana Ana Tasia Pase Anditya, Ariesta Wibisono Anis Widyawati Annisa Salsabila Anwar, M. Ian Hidayat Arifin , Firdaus Aris Hardinanto Aris Hardinanto Aris Hardinanto Asrul Ibrahim Nur Barda Nawawi Arief Baskara, Agri Beniharmoni Harefa Benny Sumardiana Bhanu Prakash Nunna Chairul Huda, Chairul Dahwal, Sirman David Aprizon Putra David Aprizon Putra, David Aprizon Dhita Widya Putri Dini Dewi Heniarti Dwiyanto, Hendri Efren Nova Eka Nugraha Putra Emelia Kontesa Emelia Kontesa Emi Puasa Handayani Fadhil, Moh. Fardana Kusumah Feka, Mikhael Firdaus Arifin, Firdaus Firdaus, Arifin Ganefi Ganefi Hamdani Maakir Hamonangan Albariansyah Hartati, Sawitri Yuli Herlambang Herlina Manullang Humana, Sri I Gusti Ayu Ketut Rachmi Handayani Ilham Kurniawan Ardi Imanuddin, Muhammad Iskandar Iskandar Jaco Barkhuizen Jaco Barkhuizen Jaco Barkhuizen Joko Setiyono Joko Susetyanto Kasmanto Rinaldi Kayus K Lewoleba Kiki Amaliah Kiki Kristanto Kontesa, Emelia Kristanto, Kiki Kurnia Dewi Anggraeny Kusumah, Fardana Laily Ratna Lestari Victoria Sinaga, Lestari Victoria M Abdi Maharani, Asari Suci Mahmud Mulyadi Mahmutarom, Mahmutarom Mahrus Ali Mas Putra Zenno Januarsyah Maskur , Muhammad Azil Mikhael Feka Mikhael Feka Muchlas Rastra Samara Muksin Muhamad Adystia Sunggara Muhammad Rustamaji Muhammad Yusuf Akbar Muthia, Arini Azka Muwaffiq Jufri Nahdiya Sabrina Naidah, Siti Nur Rochaeti Nur Rochaeti Nur Rochaeti, Nur Nurhayati Mardin Panca Sarjana Putra Panca Sarjana Putra Papontee Teeraphan Papontee Teeraphan Priyono, Erwan Adi Pujiyono Pujiyono Pujiyono Pujiyono Pujiyono Pujiyono Pujiyono Putra Perdana Ahmad Saifulloh Putra, Panca Sarjana Putra, Yagie Sagita R.B Sularto Rachmat Akbar Ramadhani, Susi Rangga Jayanuarto Ria Anggraeni Utami Ria Anggraeni Utami Ria Anggraeni Utami Ridwan Arifin Romziatussaadah Romziatussaadah Rosmanila Sacipto, Rian SALSABILA, ANNISA Sary, Wevy Efticha SAUNI, HERAWAN Sauni, Herawan Septa Candra Sherly Nelsa Fitri Sidauruk, Jupenris Silvia, Ana Sinaga, Lestari Sinaga, Pidari Solehuddin Solehuddin Sri Wulandari Sri Wulandari Sudirman SItepu Sueni, Annisa Sabilla Syamsudin Syamsudin Syamsudin Taniady, Vicko Teeraphan, Papontee Timotius Febry Cristian Wahyu Sutrisno Trinas Dewi Hariyana Try Mulya Naposo Siregar Utami, Ria Anggraeni Vidyadhara Prawiratama Nugraha Virdaus, Saivol Wali, Ahmad Wevy Efticha Sary Widi Wiranti Wiwit Pratiwi Yagie Sagita Putra Yagie Sagita Putra Yagie Sagita Putra Yusriyadi Yusriyadi Yusriyadi Yusriyadi Zainal Arifin Zainal Arifin Zulaika, Almira Novia