Article Per Year (5 Year)
p-Index From 2021 - 2026
6.48
P-Index
This Author published in this journals
All Journal Jurnal Dinamika Hukum Jurnal Cita Hukum Jurnal Hukum IUS QUIA IUSTUM PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Sriwijaya Law Review Unram Law Review Jambe Law Journal Nagari Law Review Jurnal Ilmiah Penegakan Hukum Kosmik Hukum Indonesian Comparative Law Review Walisongo Law Review (Walrev) Prophetic Law Review JURNAL RECTUM: Tinjauan Yuridis Penanganan Tindak Pidana Journal of Judicial Review Indonesian Journal of International Law Proceedings Series on Social Sciences & Humanities Jurnal Interpretasi Hukum Indonesia Law Review (ILREV) Jurnal Hukum Pidana dan Kriminologi Journal Research of Social Science, Economics, and Management Jurnal Hukum & Pembangunan Journal of Law and Legal Reform ULJLS JILS (Journal of Indonesian Legal Studies) Profetika: Jurnal Studi Islam International Conference on Social Science Jurnal Penelitian Hukum De Jure
Topo Santoso
Faculty Of Law, Universitas Indonesia
Religion Humanities Decision Sciences, Operations Research & Management Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

Published : 48 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 48 Documents
Search

 1   2   3   4   5 
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.
Financial Service Provider and Online Sexual Exploitation of Children: A Lacunae in Indonesia Legal Framework? Febby Mutiara Nelson; Topo Santoso
Journal of Law and Legal Reform Vol. 6 No. 1 (2025): January, 2025
Publisher : Faculty of Law, Universitas Negeri Semarang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v6i1.14264

Abstract

Online sexual abuse and exploitation of children is a serious global issue nowadays. In Indonesia, data from the Ministry of Women’s Empowerment and Child Protection (KemenPPA) shows that the number of reported child violence cases reached 24,158 in 2023. Of this total, sexual violence was the most common, with 10,932 cases. The key problem lies in the gap within the Legal Framework for addressing Child Sexual Exploitation in Indonesia. The issue is becoming more serious because the financial sector also plays a role, as perpetrators use financial means to carry out their actions. This has not been adequately addressed by Indonesia’s legal framework. Although Indonesia has prohibited and imposed penalties for perpetrators of child sexual exploitation and online sexual exploitation (for example, through the Criminal Code, Child Protection Law, Law on Sexual Violence, Pornography Law, and Electronic Information and Transactions Law), efforts to address the misuse of the financial sector by perpetrators have not been reflected in laws governing the financial services sector (such as the Indonesia Financial Services Authority Law, Banking Law, Indonesia Financial Services Authority Regulations, etc.). This paper, through a doctrinal research approach, examines the extent to which Indonesia’s legal framework addresses child sexual exploitation in accordance with international standards, conventions, trends, and developments. By analyzing how other countries—such as England, Wales, Sweden, the United States, and Australia—handle child sexual exploitation, particularly in relation to financial service providers, Indonesia can learn valuable lessons. In conclusion, this paper finds that Indonesia’s legal framework is insufficient to address child sexual exploitation and abuse involving financial means.
Reformulation of Corporate Liability Implementation in Money Laundering Crimes Muhammad Novian; Topo Santoso; Febby Mutiara Nelson
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.v6i3.19999

Abstract

Money laundering crimes (ML) are currently committed not only by individuals but also by corporations. The provisions of Money Laundering Crimes (MLC Law) regulate corporations, specifically Limited Liability Companies (PTs). However, since the enactment of MLC Law, only five legally binding rulings have involved corporations as perpetrators of ML offenses. In these rulings, there are several errors in the application of law. These errors include the fulfillment of the benefit element only being met when there is an increase in wealth, overlooking other circumstances such as a decrease in liabilities that the company must pay or use for its operations. Furthermore, in another ruling, the panel rejected the additional criminal charge of dissolving the corporation, with the legal reasoning that MLC Law does not regulate corporate dissolution. There are several rulings in which limited liability companies (PTs) were named as suspects but were ultimately found not guilty because the element of intent to conceal or disguise the origin of assets derived from criminal offenses was not fulfilled. This paper then compares several ML cases that occurred in the UK involving PTs, reflecting on some of these cases. In this paper, the author propose several ideas for the application of MLC Law, particularly for PTs involved in ML offenses. The methodology employed is doctrinal research. The paper emphasizes the necessity of optimizing sanctions against corporations that violate the MLC Law, not only in their capacity as perpetrators of money laundering but also for failing to fulfill obligations stipulated under the law.
Extradition and Mutual Legal Assistance in Combating Transnational Terrorism Financing: UNTOC and the 1999 Convention in Indonesia Bintang Wicaksono Ajie; Topo Santoso; Febby Mutiara Nelson; Arie Afriansyah; Mohd Hazmi bin Mohd Rusli
Journal of Law and Legal Reform Vol. 7 No. 3 (2026): July, 2026
Publisher : Faculty of Law, Universitas Negeri Semarang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v7i3.49270

Abstract

Transnational terrorism financing has become a serious challenge to international security and stability, necessitating interstate judicial cooperation through extradition and mutual legal assistance (MLA) mechanisms. This study analyzes the implementation of extradition and MLA mechanisms in Indonesia in relation to the synchronization of the 2000 United Nations Convention on Transnational Organized Crime (UNTOC) and the 1999 International Convention for the Suppression of the Financing of Terrorism into Indonesia's national legal framework. This study aims to assess the extent to which these international legal instruments have been integrated into national law and to identify gaps in their implementation in practice. This study uses a sociological juridical approach, combining analysis of legal norms with their implementation in practice. The case studies of Hambali and Syam Organizer illustrate the operational dynamics of extradition and MLA implementation in transnational terrorism financing cases. The results show that although Indonesia has a relatively comprehensive legal framework for international cooperation, the effectiveness of its implementation remains influenced by factors such as state sovereignty, procedural complexity, and differences in legal systems across countries. This study also found that synchronization of the 2000 UNTOC and the 1999 Convention has been carried out through Law Number 1 of 1979 concerning Extradition, Law Number 1 of 2006 concerning Mutual Assistance in Criminal Matters, and Law Number 9 of 2013 concerning the Prevention and Eradication of Criminal Acts of Terrorism Financing. However, there are still gaps in implementation, especially regarding the limited use of multilateral conventions as a basis for extradition without bilateral agreements, and the complexity of MLA procedures, both of which affect the effectiveness of international cooperation.
The Urgency of Establishing a Special Narcotics Court in Indonesia: A Comparative Study with the United States, Australia and Scotland Amelda Yunita; Topo Santoso; Firman Muntaqo; Ruben Achmad
Kosmik Hukum Vol. 26 No. 1 (2026)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v26i1.28255

Abstract

The high number of narcotics crimes every year shows that narcotics crimes, especially narcotics abuse, are a serious threat to the lives of the Indonesian people. The practice of law enforcement against narcotics abusers in Indonesia that prioritizes the imposition of criminal sanctions in prison has proven that the penal approach has failed. The urgency of establishing a Special Narcotics Court to combat narcotics crimes is the primary focus of this article, which draws lessons from the United States, Australia, and Scotland, all of which already have special narcotics courts with various systems. This paper is the result of doctrinal law research using a statutory approach and a comparative approach. Research has found that in the United States and Australia, there are Drug Courts, which are special courts. These courts were established in each state. Meanwhile, Scotland incorporates narcotics handling into the public justice system by using a rehabilitation approach to handling narcotics. The establishment of narcotics courts in Indonesia is critical to be carried out, considering that narcotics abuse can weaken Indonesia's national resilience, and the increasing number of narcotics cases results in overcrowding in correctional institutions. Narcotics crimes also have special characteristics, both in terms of the nature of the crime and the characteristics of the subject of the law, thus further emphasizing the importance of the narcotics court.
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 Amelda Yunita Ari, Fransiska Arie Afriansyah Azizah, Hanifah Bintang Wicaksono Ajie Desi Fitriyani Desi Fitriyani Eka Putra, Fariz Elwi Danil Eva Achjani Zulfa Eva Syahfitri Nasution, Eva Syahfitri Fachry Abda El Rahman Fajar Rudi Manurung Febrian Febrian Febriyani, Emiliya Fidelia Prabajati Firman Muntaqo Firmansyah Firmansyah Firmansyah Firmansyah Fitri Anugrah Hambali Yusuf Hamonangan Albariansyah Hanifah Azizah Hans Giovanny Yosua Hariman Satria, Hariman Heru Pujo Handoko M. Eka Putra Mahmud Mulyadi Mahri Hasan Marlina Marlina Marlina, Marlina Mohd Hazmi bin Mohd Rusli Muhammad Novian Nani Mulyati Nashriana Nashriana Nashriana Nashriana, Nashriana Nasriana Nasriana Nasriana Nasriana, Nasriana Nelson, Febby Mutiara Nur Afni NurAfni NurAfni NURLAILY, NURLAILY Nurul Insi Syahruddin Nurul Insi Syahruddin Okpirianti, Reni Ong’eta, Wyclife Pasaribu, Juwita Patty Ramadhani, Mochamad Rizki Reni Okpirianti Rina Shahriyani Shahrullah Rosmalinda, Rosmalinda Ruben Achmad Sigid Suseno Syahruddin, Nurul Insi Winda Sari Winda Sari Yunus Husein Yunus Husein Zainal Muttaqin Zin, Hakimah Muhammad