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Implementation of Criminal Sanctions against Perpetrators of Theft in Indonesia Samsidar Samsidar
Journal of Strafvordering Indonesian Vol. 1 No. 4 (2024): JOSI-SEPTEMBER
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/64ycax49

Abstract

Theft is one of the most common forms of crime in society and has been strictly regulated in the Criminal Code (KUHP). Law enforcement against perpetrators of theft plays an important role in creating a sense of security and justice. This article aims to analyze how criminal sanctions are applied to perpetrators of theft in Indonesia, by reviewing the applicable legal basis, law enforcement practices, and challenges in its implementation. This study uses a normative legal approach with literature study as the main method. The results of the study indicate that although the legal provisions are quite adequate, there are still challenges in the judicial process, including differences in judges' interpretations, the socio-economic conditions of the perpetrators, and the effectiveness of sanctions in providing a deterrent effect. The discussion also touches on the importance of criminal policy reform and the need for a rehabilitative approach for certain perpetrators. Thus, law enforcement against theft must be carried out proportionally and fairly.
Analysis of Criminal Sanctions for Criminal Acts of Assault in Indonesia Samsidar Samsidar
Journal of Strafvordering Indonesian Vol. 1 No. 4 (2024): JOSI-SEPTEMBER
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/yxxrnw87

Abstract

The crime of assault is a violation of the law that often occurs in Indonesian society and has serious implications for public security and order. Assault is clearly regulated in the Criminal Code (KUHP), especially in Articles 351 to 358, which cover various forms and levels of severity of assault. This article aims to analyze the application of criminal sanctions against perpetrators of assault in Indonesia, both in the form of imprisonment and fines. Using a normative legal approach, this study examines aspects of positive law, legal doctrine, and related court decisions. It was found that although the regulations have been quite adequate, the application of sanctions still faces challenges such as inconsistency in judges' decisions, non-legal considerations, and the less than optimal role of law enforcement officers. This article also discusses the need for reformulation of the criminal sanction approach and alternative conflict resolution, such as restorative justice, to create more substantial justice. This study is expected to contribute to the development of a more humanistic and just national criminal law.
Implementation of Criminal Sanctions for Domestic Violence (KDRT) in Indonesia Samsidar Samsidar
Journal of Strafvordering Indonesian Vol. 1 No. 5 (2024): JOSI-NOVEMBER
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/xpshdf89

Abstract

Domestic violence (DV) is a form of human rights violation that has serious impacts on victims, especially women and children. In Indonesia, the crime of domestic violence is regulated in Law Number 23 of 2004 concerning the Elimination of Domestic Violence. This study aims to examine the extent to which the application of criminal sanctions against perpetrators of domestic violence is in accordance with the objectives of criminal law and provides effective protection to victims. Using a normative legal approach and supported by jurisprudence studies, this article reviews the effectiveness of law enforcement in the field, obstacles to law enforcement, and the need for a restorative approach. The results of the analysis show that although regulations have been comprehensively available, implementation at the law enforcement level still faces obstacles such as patriarchal culture, lack of understanding of the Domestic Violence Law, and minimal support for the victim protection system. This study recommends strengthening the capacity of law enforcement officers, public education, and optimizing the protection mechanism for victims of domestic violence. This study is expected to contribute to encouraging the renewal of criminal law policies that are more responsive to victims of domestic violence.
Criminal Law Analysis of Sexual Crimes against Children Samsidar Samsidar
Journal of Strafvordering Indonesian Vol. 1 No. 5 (2024): JOSI-NOVEMBER
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/6h4v3523

Abstract

Sexual crimes against children are crimes that have extraordinary impacts on victims, both physically, psychologically, and socially. Protection of children as the nation's next generation is a primary concern in the criminal law system in Indonesia. This article aims to analyze the application of criminal law to perpetrators of sexual crimes against children, by reviewing relevant laws and regulations such as Law Number 35 of 2014 concerning Child Protection and Law Number 17 of 2016 which regulates the increase in criminal sanctions for perpetrators. Through a normative legal approach, this article evaluates the extent to which these legal provisions are able to provide a deterrent effect, protect the rights of victims, and prevent the recurrence of similar crimes. The analysis found that although regulations have been strengthened, implementation in the field still faces challenges, such as difficult evidence processes and suboptimal victim protection. This article suggests the importance of synergy between law enforcers, child protection institutions, and the wider community in creating a comprehensive protection system for children from sexual crimes.
Criminal Sanctions for Perpetrators of Human Trafficking in Indonesia Samsidar Samsidar
Journal of Strafvordering Indonesian Vol. 2 No. 1 (2025): JOSI - MARCH
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/we309476

Abstract

Human trafficking is a serious crime that violates human rights and threatens the dignity of victims, especially in Indonesia, which is a source, transit, and destination country. This crime not only harms individual victims physically and psychologically, but also has a negative impact on national social and economic development. Indonesia has strictly regulated human trafficking in Law Number 21 of 2007 concerning the Eradication of the Crime of Human Trafficking (UU TPPO) along with the Criminal Code and other supporting regulations. This article aims to analyze the application of criminal sanctions against perpetrators of human trafficking in Indonesia and the challenges in enforcing them. The normative legal method is used to examine the relevant regulations and court decisions. The results of the study indicate that the criminal sanctions applied are quite severe normatively, but in practice there are still obstacles in the form of lack of coordination between institutions, minimal protection for victims, and suboptimal law enforcement. Recommendations are given so that strengthening the legal system and a multidisciplinary approach can improve the effectiveness of handling human trafficking in Indonesia.
Criminal Policy in Combating Street Crime in Indonesia Samsidar Samsidar
Journal of Strafvordering Indonesian Vol. 2 No. 1 (2025): JOSI - MARCH
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/amszrs52

Abstract

Street crime is one of the social problems that continues to be a concern in Indonesia because it has a direct impact on the security and comfort of the community. Criminal policies in overcoming street crime are an important instrument for law enforcement officers and policy makers to reduce the crime rate. This article aims to analyze the effectiveness of criminal policies implemented in overcoming street crime in Indonesia. A normative legal approach is used by analyzing related laws and regulations as well as legal literature and law enforcement reports. The focus of the study includes provisions in the Criminal Code (KUHP), Law Number 2 of 2002 concerning the Indonesian National Police, and Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. The results of the study indicate that although the policy has provided a strong legal basis, enforcement and coordination between institutions still need to be improved so that overcoming street crime can run effectively and sustainably. This study provides recommendations for strengthening policy synergy and community-based preventive approaches.
Corruption in Infrastructure Projects: Case Studies and Juridical Analysis Anis Noviya; Samsidar Samsidar; Muhamad Romdoni
Journal of Strafvordering Indonesian Vol. 2 No. 2 (2025): JOSI - MAY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/gzfyp749

Abstract

The infrastructure sector in Indonesia is one of the most vulnerable arenas to corruption because of its capital-intensive, complex, and multi-year characteristics. Projects such as the construction of toll roads, bridges, and other public facilities are often abused through budget mark-ups, fictitious procurement, and collusion in auctions. This study aims to analyze the application of Article 2 and Article 3 of Law Number 20 of 2001 in tackling corruption in infrastructure projects. Using a normative juridical approach and case studies, this study highlights that corruption in infrastructure projects is systemic, involves many actors, and is difficult to dismantle due to weaknesses in the procurement, oversight, and legal proofing systems. The results of the study show that the effectiveness of these articles is greatly influenced by the context of implementation in the field, including the understanding of law enforcement officials of the project corruption modus operandi. In addition, weak surveillance systems, low transparency, and technical and political obstacles exacerbate the situation. Therefore, legal reform is not enough if it is not accompanied by institutional reform and digitalization of accountable procurement. In conclusion, the eradication of infrastructure corruption must be carried out through a comprehensive, interdisciplinary, and adaptive legal approach to the complexity of project governance in the public sector.
Public Whipping Punishment for Adultery Offenders in Aceh: A Study on the Application of Islamic Criminal Law and International Human Rights Nurul Fadhilah; Samsidar Samsidar
Journal of Strafvordering Indonesian Vol. 2 No. 4 (2025): JOSI - SEPTEMBER
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/380s8p35

Abstract

This study discusses the legal legitimacy of public whipping in Aceh as part of the legal specificity regulated through Law Number 11 of 2006 concerning the Government of Aceh. This specificity provides a constitutional basis for Aceh to implement Islamic law-based law through Qanun Jinayat, especially Qanun Number 6 of 2014 concerning the Jinayat Law which regulates the punishment for certain criminal acts, including adultery. Although normatively legitimate because it is underpinned by asymmetric decentralization mechanisms, the practice of public caning is controversial from a human rights perspective. Indonesia has ratified the ICCPR through Law Number 12 of 2005, so it is bound by the prohibition of cruel, inhuman, and degrading treatment. This condition creates a normative tension between Islamic sharia principles that emphasize social morality and international human rights principles that emphasize individual dignity. The research uses normative juridical methods with a legislative and conceptual approach, and analyzes the relationship between Islamic law, national law, and international law. The results of the study show the need for a more contextual reconstruction of punishment, emphasizing maqāṣid al-syarī'ah as a meeting point between religious values and human rights principles. Alternatives such as closed executions or rehabilitative punishment can be a solution so that the application of jinayat law remains relevant without causing serious contradictions. Thus, this study emphasizes the importance of humanistic, transformative, and substantive justice regulatory innovation
Screenshots, Chats, and Voice Notes: Rethinking Evidence in Criminal Trials Pramidazzura Alifa Rifqi; Samsidar; Harly Clifford Jonas Salmon
Journal of Strafvordering Indonesian Vol. 2 No. 6 (2026): JOSI - JANUARY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/0hb7ee97

Abstract

The increasing reliance on screenshots, chats, and voice notes in Indonesian criminal proceedings reflects a significant shift in evidentiary practices driven by digital communication technologies. However, this development has not been followed by adequate normative adaptation within criminal procedural law. Article 184 of the Criminal Procedure Code does not explicitly accommodate micro-digital evidence, while the Electronic Information and Transactions Law merely provides general recognition without specifying procedural standards for authentication and evidentiary weight. This condition creates normative ambiguity regarding the legal status, admissibility, and probative value of screenshots, chats, and voice notes, resulting in inconsistent judicial practices and potential violations of fair trial principles. This study employs normative legal research using statute, conceptual, and case approaches to analyze the position of micro-digital evidence in Indonesian criminal trials. The findings demonstrate that unverified digital evidence risks eroding the presumption of innocence, shifting the burden of proof to defendants, and undermining legal certainty. This article argues that criminal procedural law must be reformed to explicitly regulate the classification, authentication, and corroboration of micro-digital evidence in order to ensure technological adaptation without compromising due process of law and fair trial guarantees.
Utilization of Customary Law for Resolution of Land and Natural Resource Disputes: A Restorative Approach Samsidar Samsidar
Journal of Adat Recht Vol. 2 No. 5 (2026): JANUARY - JOAR
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/bww5g572

Abstract

This article examines the utilization of customary law in resolving land and natural resource disputes through a restorative justice approach within Indonesia’s plural legal system. Although customary institutions remain actively used by indigenous communities to resolve disputes based on consensus and social harmony, their normative status within the formal legal system remains uncertain. This study identifies three core legal issues: normative ambiguity concerning the legal force of customary dispute resolution, a legal vacuum in the formal recognition of restorative mechanisms outside judicial processes, and conflicts of norms between customary law and positive state law governing land and natural resources.Using a normative juridical method with statute, conceptual, and case approaches, this article analyzes constitutional provisions, land and natural resource regulations, and legal doctrines on restorative justice and legal pluralism. The analysis demonstrates that customary dispute resolution inherently reflects restorative justice principles, including harm repair, communal participation, and restoration of social relations. However, these mechanisms lack formal legal recognition as binding and enforceable outcomes. Judicial and administrative practices tend to prioritize procedural legality and formal documentation, thereby marginalizing customary restorative settlements and perpetuating legal uncertainty for indigenous communities. This article argues that the persistence of land and natural resource disputes reflects structural deficiencies in Indonesia’s legal framework rather than isolated implementation failures. It proposes a prescriptive framework for institutionalizing customary restorative mechanisms through statutory recognition, administrative integration, and pluralistic judicial interpretation to ensure legal certainty, substantive justice, and constitutional compliance
Co-Authors -, Maison Abdullah, Fahri Afrianto, M Ficky Afrianto, Muhammad Ficky Agustina Agustinawati, Agustinawati Agustini, Rini Akmal Akmal Alamsyah, Misdar Albab, Ananda Ulil Alfiansyah Harahap, Martua Alrizal, Alrizal Amanda, Dwi Rahmah Amelia Yunita Amri, Waliyul Ananda, Putri Silva Ananda, Yosep Yuswanto Tri Andriani, Rika Andry Stepahnie Titing Anggraeni, Rista Mutia Ani Margawati Anis Noviya Apriani, Fitri ARDIANSYAH ARDIANSYAH Ariawan, I Putu Arif, T Bastanur Aris Munandar Arnild Augina Mekarisce Arviana, Pipi Asmima Yanti Aylulliyah, Dini Ayu Safitri Bahri, Halida Bahri, Kasmitha Bancin, Ratnawati Barokah, Khoiriah Basiruddin, Basiruddin Basran, Basran Darliana Sormin Daulay, Ferdiansyah Devi, Mutiara Sri Dewi Tureni Eka Nurshafni Erlia Rosita Ermadani Ermadani Faizar Farid Fajrina Hidayati Fandi Oktasendra Fatmawati, Retno Fazli, Akhmad Febri Berthalita Pujaningsih Fernando Mersa Putra Frastica Deswardani Hafizhah, Hafizhah Haida, Gusti Hanif Kurniadi Hanum Eko Hapsari Harapan Gaja, Rawalan Harly Clifford Jonas Salmon Helga Dwi Fahyuan Helga Dwi Fahyuan Hendayani, Nenden Heriansyah Herlina Herlina Husnul Hamdi Iful Amri Ilham Ilham Ilmah, Ilmah Indayani, Riska Indriyani, Neni Intan Lestari Irawansyah Hutagalung, Sandro Iswan, Muhammad Iwan Iwan Jarki Ramadhan Jayanti, Ansri jemri, jemri Jesi Pebralia Juliana Juliana Jumaita Nopriani Lubis Kandi, Kandi Kawati, Salma Merda Khazanah, Nurul Larlen Nixolas Lazuardi Umar Lesmana S, Oka Lince Bulutoding Linda Handayani Linda Handayani, Linda Lucky Zaehir Maulana Luthfiyah, Mardhiyatul Madyawati Latief Makruf, Hafizul Mardian Peslinof Maulana Sani, Maulana Mega Fatimah Rosana Megawati - Mira Rahma Yanti Sormin Mira Rahmayanti Muhamad Romdoni Muhammad Ikhsan Muhlis, Syaiful Muksana Pasaribu Muntari, Zahratul Musdar, Tamzil Azizi Mutia Angraini, Rista Nadia, Putri Rahma Nanda, Dhina Aprilia Nasarudin, Abdul Rohman Nasrudin, Abdul Rohman Nasution, Erliana Nazri MZ Nazri MZ, Nazri Nehru Nolita, Debi Pahla Nova Susanti Nurhidayah Nurhidayah Nurhidayah Nurhidayah Nurromsyah Nasution Nurul Fadhilah Nurul Fadhilah Ogy Meyza Pratama Oky Dwi Syaputra Orita Satria Pamaharyani, Luchiandini Ika PENDI, PENDI Pramidazzura Alifa Rifqi Puji Lestari, Ardiyaningsih Putriani, Dian Rohma Rahmayanti, Mira Ramadani M.J, Cahaya Ratman Ratman Ratna Wati Bancin Ratnawati Bancin Resta, Ichy Lucya Riady, Yasir Riany, Hesti Rika Andriani Rika Andriani Rika, Erlia Rosita riza ulhaq Rodhiyah, Zuli Rosita, Erlia Rosmaimuna Siregar Rosmaimuna, Rosmaimuna Rustan Rustan, Rustan Sabri Sabri Samad, Husaini Sampe Napitupulu Sampe Napitupulu Sampe Napitupulu, Sampe Santi, Amalia Sari, Anggi Maulida Sari, Melanta Sarinah Pakpahan Sastra, Amril Simbolon, Wirmaria Teresya Sinaga, Samuel Partogi Hasudungan Sinambela, Cristina Siregar, Ihsan Sri Maryanti Sri Oktamuliani Sudarma, Ari Syarifah Asyura Thofik Hidayat Vandela, Dwi Windianingsih, Tri Yanti Hasanah, Rini Yoza Fendriani Yudasti, Alham Ahmad Yurinanda, Sherli Yusro Riski, Muhammad Yuventi, Adelina Zakiyah Zakiyah Zonita Zirhani Rumalean