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All Journal Jurnal Dinamika Hukum Jurnal Cita Hukum Jurnal Hukum IUS QUIA IUSTUM Sriwijaya Law Review Unram Law Review Jambe Law Journal Indonesian Comparative Law Review Walisongo Law Review (Walrev) Prophetic Law Review JURNAL RECTUM: Tinjauan Yuridis Penanganan Tindak Pidana Indonesian Journal of International Law Indonesia Law Review (ILREV) Jurnal Hukum & Pembangunan ULJLS JILS (Journal of Indonesian Legal Studies) Profetika: Jurnal Studi Islam International Conference on Social Science Jurnal Penelitian Hukum De Jure
Topo Santoso
Fakultas Hukum Universitas Indonesia, Jakarta, Indonesia
Religion Humanities Decision Sciences, Operations Research & Management Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Termination of Prosecution Based on Restorative Justice in Indonesia it is Associated with the Renewal Criminal Law Fajar Rudi Manurung; Topo Santoso; M. Eka Putra; Marlina Marlina
Proceedings of the 1st International Conference on Social Science (ICSS) Vol. 3 No. 2 (2024): Proceedings of the 5th International Conference on Social Science (ICSS)
Publisher : Green Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59188/icss.v3i2.225

Abstract

Criminal acts arise from various aspects of human activity, including the political, social and economic spheres. The success of law enforcement is traditionally measured by the ability to bring criminals to justice and impose appropriate penalties. However, in certain minor cases, such as theft, embezzlement, and fraud with minimal losses, the public questions the need for prosecution, as they believe that prosecution does not match the seriousness of the offense.  The purpose of this study is to analyze the implications and effectiveness of prosecution discontinuation based on restorative justice in the Indonesian legal framework. Using a qualitative research approach, this study examines the regulatory structure and practical application of restorative justice in Indonesia. Data was collected through document analysis and interviews with legal practitioners to explore alignment of regulations with legal principles and community expectations. The research findings show that, although restorative justice offers a viable avenue to achieve peace between offenders and victims, its implementation in Indonesia is still limited, as it is not yet embedded in the broader criminal law system. Currently, peace agreements between the parties are only considered as a mitigating factor in the sentencing process. This research suggests that stronger legal legitimacy for restorative justice, such as the inclusion of restorative justice into the Draft Criminal Procedure Code is essential to adapt to the evolving legal culture and public expectations. The implications of this research highlight the need for comprehensive criminal law reform to ensure justice that aligns with societal values and contemporary legal standards.
Legal Protection of Work Safety Crimes Victims In Indonesia Hamonangan Albariansyah; Topo Santoso; Eva Achjani Zulfa
Sriwijaya Law Review Volume 6 Issue 1, January 2022
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol6.Iss1.1363.pp24-40

Abstract

Between 2014 and 2018, the Indonesian Ministry of Manpower recorded 89,625 cases of work accidents, and 1,193 of them resulted in death. During this period, 34,075 companies were reported for alleged work safety crimes. From the 2,074 cases, only four have been sentenced to prison. The most interesting issue is that the victims of work safety crimes do not get any kind of restitution or even compensation. This article aims to investigate the legal protection for victims of work safety crimes from the criminal law perspective. The method used is normative qualitative research on primary data, such as work safety legislation, the Criminal Code, and criminal court decisions. As a result, the work safety law stipulates that the purpose of law enforcement on work safety is recovery for victims, repairs and prevention. They are carried out to protect the public interest. Work safety regulations also regulate the qualifications of actions categorized as work safety crimes. Unfortunately, the regulation does not provide a mechanism for resolving work safety crimes. So that the settlement of work safety crimes relies on the general criminal justice system that adheres to retributive objectives in law enforcement. The purpose of law enforcement on work safety cannot be applied because victims do not get restitution or compensation. Thus, to obtain legal protection in accordance with the objectives of law enforcement on work safety, the alternative solution is a criminal policy to establish a special criminal mechanism for the settlement of work safety crimes.
Constitutional Da’wah: An Integrative Model for Legal Consciousness and Transformation Albab, Biantara; Riwanto, Agus; Santoso, Topo
Prophetic Law Review Vol. 8 No. 2 December 2026
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/PLR.vol8.iss2.art1

Abstract

Constitutional values have not yet been effectively internalized within society, as reflected in the low level of legal awareness. Existing efforts are still dominated by formal legal outreach, which has not adequately addressed society's cultural dimensions. Meanwhile, Da’wah, despite its close connection to cultural transformation in Muslim communities, is still perceived as separate from state values, thereby creating a gap in the development of constitutional awareness. This condition calls for an integrative approach to transforming legal culture. Therefore, this study raises the following research question: How can an integrative model be formulated to effectively transform society's legal culture through Da’wah methods and constitutional values? This study aims to formulate an integrative model between Da’wah methods and constitutional values as a strategy for transforming legal culture. Using a normative legal method with a conceptual approach, this research examines the relationship between constitutional principles and Da’wah strategies. The findings reveal an integrative constitutional Da’wah model based on the alignment of Islamic and constitutional values (substantive congruence), thereby generating dual legitimacy—religious and constitutional. The model is operationalized through two main strategies: (1) substantive integration into Da’wah content, and (2) institutional integration through religious spaces such as mosques, Islamic boarding schools (pesantren), and Islamic study circles (majelis taklim). Based on these findings, it is recommended to develop a constitutional Da’wah model that integrates Islamic and constitutional values, positioning Da’wah as a transformative tool to enhance legal awareness and participatory legal culture.
Discontinuation of Corruption Investigation and Prosecution: A Comparison of Indonesia, The Netherlands, and Hong Kong Ahwan Ahwan; Topo Santoso
Jurnal Penelitian Hukum De Jure Vol 22 No 1 (2022): Edisi Maret
Publisher : Law Policy Strategy Agency, Ministry of Law of The Republic of Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/dejure.2022.V22.1-16

Abstract

The discontinuation of the investigation and prosecution of corruption crimes is one of the important substances of the amendment to Law No. 19 of 2019 concerning the Corruption Eradication Commission which then led to debates both among academicians and legal practitioners. The discourse focused on the essence and concerns of transactional practices in the process of law enforcement for corruption crimes in the future. By using the legal comparative method, this paper tries to compare the provisions regarding the discontinuation of the investigation and prosecution of corruption crimes in Indonesia, Hong Kong, and the Netherlands. The results of the study show that the provisions regarding the discontinuation of the investigation and prosecution of corruption crimes in the three countries have differences in their arrangements. Normatively, Indonesia and the Netherlands regulate this matter in several articles, while for Hong Kong, although they do not regulate it in an expressis verbis manner in the law, the provisions concerning the discontinuation of investigations and prosecutions of corruption crimes are known in their law enforcement practices as seen in the case handling scheme published by the Independent Commission Against Corruption (ICAC). However, the use of the mechanism for terminating the investigation and prosecution of corruption crimes can be seen as a balancing mechanism against the legal process. Regulations regarding the discontinuation of investigations in corruption crimes must be maintained as a control mechanism against the possibility of errors in law enforcement procedures or for other technical reasons.
Co-Authors Agus Riwanto, Agus Ahwan Ahwan Albab, Biantara Ari, Fransiska Azizah, Hanifah Eka Putra, Fariz Elwi Danil Eva Achjani Zulfa Eva Syahfitri Nasution, Eva Syahfitri Fachry Abda El Rahman Fajar Rudi Manurung Febrian Febrian Firmansyah Firmansyah Firmansyah Firmansyah Hambali Yusuf Hamonangan Albariansyah Hans Giovanny Yosua Heru Pujo Handoko M. Eka Putra Mahmud Mulyadi Mahri Hasan Marlina Marlina Marlina, Marlina Nani Mulyati Nashriana Nashriana Nashriana Nashriana, Nashriana Nasriana Nasriana Nasriana Nasriana, Nasriana Nelson, Febby Mutiara Nur Afni NurAfni NurAfni NURLAILY, NURLAILY Okpirianti, Reni Ong’eta, Wyclife Pasaribu, Juwita Patty Ramadhani, Mochamad Rizki Reni Okpirianti Rina Shahriyani Shahrullah Rosmalinda, Rosmalinda Sigid Suseno Yunus Husein Zainal Muttaqin Zin, Hakimah Muhammad