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All Journal Jurnal Hukum Novelty INDONESIAN JOURNAL OF CRIMINAL LAW STUDIES INTERNATIONAL JOURNAL ON LANGUAGE, RESEARCH AND EDUCATION STUDIES Jurnal Wawasan Yuridika Justitia et Pax Al-'Adl Lex Scientia Law Review GUIDENA: Jurnal Ilmu Pendidikan, Psikologi, Bimbingan dan Konseling Nurani Hukum : Jurnal Ilmu Hukum JURNAL PEMBANGUNAN HUKUM INDONESIA LEGAL BRIEF Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Mimbar Hukum Jurnal Hukum dan Peradilan Mu'amalah : Jurnal Hukum Ekonomi Syariah Journal of Sustainable Development and Regulatory Issues Probono and Community Service Journal Tirtayasa Journal of International Law Indonesian Journal of Economics and Social Sciences Journal of Law, Environmental and Justice Southeast Asian Journal of Victimology Nomos : Jurnal Penelitian Ilmu Hukum Jurnal Pengabdian Kepada Masyarakat Bersinergi Inovatif Journal of Law and Legal Reform Unifikasi : Jurnal Ilmu Hukum Journal of Asian Wisdom and Islamic Behavior Indonesian Journal of Criminal Law Studies Journal of Community Dedication
Anditya, Ariesta Wibisono
Universitas Jenderal Achmad Yani
Religion Humanities Computer Science & IT Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Public Health Social Sciences Other

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Ecocide as an Environmental Crime: Urgency for Legal Reform in Indonesia Widiartana, Gregorius; Setyawan, Vincentius Patria; Anditya , Ariesta Wibisono
Journal of Law, Environmental and Justice Vol. 3 No. 2 (2025): Journal of Law, Environmental and Justice
Publisher : Ius et Ambientis

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62264/jlej.v3i2.129

Abstract

The increasing frequency and scale of environmental destruction in Indonesia, such as deforestation, mining disasters, and pollution of vital ecosystems, reveal the inadequacy of existing environmental criminal law to address crimes with transboundary and long-term ecological impacts. While Indonesian law recognizes environmental violations, it does not yet criminalize ecocide—a grave act of environmental harm—either as an extraordinary crime or as an international offense. This paper aims to explore the urgency of incorporating ecocide as a distinct criminal category in Indonesia’s legal system by analyzing the legal gaps and limitations in current legislation, particularly Law No. 32 of 2009 on Environmental Protection and Management. Employing a normative juridical method with a comparative legal approach, the study examines developments in countries such as Belgium and France that have begun codifying ecocide, as well as international efforts to include ecocide under the Rome Statute. The research finds that the absence of ecocide in Indonesian criminal law limits the state’s ability to deter and prosecute large-scale environmental crimes effectively. It concludes that the criminalization of ecocide, both nationally and as part of global legal harmonization, is crucial to achieving ecological justice and long-term environmental protection in Indonesia.
Legal Reform for Investor Protection in Indonesian Crypto Markets: A Comparative Analysis With The MiCA Framework Rahman, Yogi Muhammad; Jastisia, Mentari; Barora, Siti; Mega Jaya, Belardo Prasetya; Anditya, Ariesta Wibisono
Jurnal Wawasan Yuridika Vol 8 No 2 (2024): 2024
Publisher : Sekolah Tinggi Hukum Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25072/jwy.v8i2.4433

Abstract

This article examines the urgency of legal reform to enhance investor protection in Indonesia’s crypto asset market, emphasizing the regulatory uncertainty that obscures legal liability in cases of system failure, unilateral platform closure, or investor losses. This research adopts descriptive research specifications, using normative juridical research, using two methods of statutory and comparative approaches. Data collection is done through literature review and then analyzed through qualitative method. The findings reveal that Indonesia’s legal system still relies heavily on individual civil claims based on Article 1365 of the Civil Code, without anticipatory legal instruments. Drawing from MiCA’s best practices, this article highlights the need for prescriptive, risk-based, and investor-oriented legal principles to build a fair and legally certain digital ecosystem.
Exploring Restorative Justice in Domestic Violence Cases Widiartana, Gregorius; Vincentius Patria Setyawan; Ariesta Wibisono Anditya
Journal of Sustainable Development and Regulatory Issues (JSDERI) Vol. 3 No. 3 (2025): Journal of Sustainable Development and Regulatory Issues (JSDERI)
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jsderi.v3i3.87

Abstract

The Indonesian government has actively developed restorative justice policies for criminal cases through various laws and regulations; however, their implementation in domestic violence cases remains limited due to the predominance of a retributive mindset among law enforcement officials. In contrast, Malaysia has adopted restorative approaches to address domestic violence through community-based and victim-centered interventions. This research seeks to formulate comprehensive arguments supporting the implementation of restorative justice in domestic violence cases by analyzing relevant legal provisions, doctrinal foundations, and theoretical perspectives, while incorporating a comparative analysis of the Malaysian model. The comparative legal study between Indonesia and Malaysia is particularly significant within the broader framework of legal globalization, ASEAN regional integration, and bilateral cooperation in the fields of law and governance. Both countries, which share an Islamic cultural foundation and a colonial legal heritage, offer compelling contexts for examining the adaptation of restorative justice principles in plural legal systems. In Malaysia, Islamic law regulates various domains of social life, especially in matters of civil and family law, including marriage, divorce, inheritance, and waqf, shaping the socio-legal environment within which domestic violence is addressed. The findings indicate that Indonesia has initiated the application of restorative justice in certain domestic violence cases through mechanisms such as community mediation and police-facilitated reconciliation, though these practices remain inconsistent and are often influenced by patriarchal cultural norms. Conversely, Malaysia maintains a more formal and legalistic approach, with minimal formal recognition of restorative justice within its domestic violence legislation. The study concludes that restorative justice possesses substantial potential as a complementary framework to formal legal remedies, provided that its implementation ensures the protection of victims’ rights, prevents coercion, and upholds fundamental principles of justice, gender equality, and human dignity.
AI on The Bench: The Future of Judicial Systems in The Age of Artificial Intelligence Fernando, Zico Junius; Anditya, Ariesta Wibisono
Jurnal Hukum dan Peradilan Vol 13 No 3 (2024)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.13.3.2024.523-550

Abstract

This in-depth research explores the emerging relationship between artificial intelligence (AI) and legal systems by addressing key questions and understanding the evolution of global justice systems. This study focuses on the role of AI in strengthening the efficiency and objectivity of the judiciary, especially through the application of AI as judges in countries such as China and Estonia. This research aims to systematically analyse these developments, examining how AI is being integrated into justice systems in different parts of the world with challenges related to ethics, accountability, and human rights. The study results show that the integration of AI in the legal system brings increased efficiency and potential for transparency but also raises serious concerns about bias in AI algorithms, limitations in interpreting complex laws, and the impact on human rights principles. The main findings of this research show that the integration of AI in the legal system contains great potential for transformation but also requires a careful approach. While AI can improve the efficiency and quality of decision-making, it is important that AI is developed and implemented within a solid legal and ethical framework that respects human rights and maintains the justice system's integrity. This research emphasizes the need to consider each country's unique legal, cultural, and social context when adopting AI into their legal systems.
Bridging Corruption Articles” through the National Criminal Code: The Perspective of Corruption Eradication and Ta'zir Fadhil, Moh.; Anwar, M. Ian Hidayat; Fernando, Zico Junius; Anditya, Ariesta Wibisono
Al-'Adl Vol. 17 No. 2 (2024): Al-'Adl
Publisher : Institut Agama Islam Negeri Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/aladl.v17i2.8436

Abstract

One of the tasks of criminal law reform is to consolidate criminal law provisions that are scattered in various laws and regulations. The drafting team has incorporated several special offences into the National Criminal Code as a bridge between the norms, making the National Criminal Code the epicentre. This raises normative questions about the position of special offences, especially corruption offences, when the norms are shifted to general norms in the National Criminal Code, in relation to the systematic enactment of Book I of the National Criminal Code, and whether the changes in the criminal formulation are proportional to the spirit of eradicating corruption. This research will focus on answering the above-mentioned normative concerns. This type of research is a normative research that focuses on the content analysis of legal materials in the form of Book I of the National Criminal Code, articles on corruption in the National Criminal Code and the Corruption Act. The validation process of the analysis results was presented in a forum group discussion with several legal aid organisations and university research institutions. The results of the research show that the intention of the drafting team to include corruption offences is limited to the technical consolidation of corruption offences in the National Criminal Code in the form of bridging articles. In the context of the fight against corruption, there are five crucial reservations, namely the disparity of penalties, the categorisation of fines, the powers of the State Loss Calculation Institution, the stagnation of the regulation of bribery offences and the harmonisation of the United Nations Convention against Corruption.
Unleashing Justice’s Future: The Dawn of Neuro-Cognitive Risk Assessments (NCRA) in Transforming Rehabilitation Mulyadi, Mahmud; Fernando, Zico Junius; Putra, Panca Sarjana; Anditya, Ariesta Wibisono
IJCLS (Indonesian Journal of Criminal Law Studies) Vol 9, No 1 (2024): Indonesia J. Crim. L. Studies (May, 2024)
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v9i1.50152

Abstract

Neuro-Cognitive Risk Assessments (NCRA) represent a groundbreaking innovation in the criminal justice system, concentrating on evaluating cognitive and decision-making factors to assess inmate recidivism risk. Introduced initially in Houston, Texas, in 2017, NCRA have shown substantial efficacy, evidenced by a 2020 study reporting an Area Under the Curve (AUC) value of 0.70, signifying a significant advancement in recidivism prediction. This research employs normative legal methods, utilizing a conceptual, comparative, and forward-looking approach, characterized as descriptive-prescriptive with data analyzed through content analysis. Key advantages of NCRA include their emphasis on cognitive factors and their capability to operate independently via digital platforms, reducing bias and enhancing objectivity. The global adoption of NCRA, including in countries like Canada, the Netherlands, and Australia, underscores its recognition as a promising tool in criminal justice practices. However, ethical considerations and responsible usage are paramount, ensuring the protection of individual rights and involving diverse stakeholders. The integration of NCRA into rehabilitation programs and public policies presents opportunities to enhance efforts against recidivism. By identifying individual needs more accurately and improving predictions of rehabilitation success, NCRA can motivate inmate engagement in rehabilitation initiatives. Moreover, NCRA support the development of effective crime prevention policies, contributing to broader societal well-being. In conclusion, NCRA represent a transformative approach in criminal justice, leveraging cognitive assessments to refine recidivism risk evaluations and enhance rehabilitation outcomes. Ethical deployment and collaborative engagement are critical to maximizing NCRA's potential in promoting justice and reducing reoffending globally.
Eliminating Qanun Jinayat in Resolving Sexual Violence in Indonesia: A Comparative Study of the TPKS Law and Qonun Jinayat Nur Anisah, Laili; Wibisono, Anditya Ariesta
Journal of Asian Wisdom and Islamic Behavior Vol. 2 No. 2 (2024)
Publisher : JAWAB: Journal of Asian World and Islamic Behavior Journal of Asian World and Islamic Behavior

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59371/jawab.v2i2.86

Abstract

Law Number 12 of 2022 concerning Crimes of Sexual Violence (UU TPKS) was passed in April 2022 after waiting almost 12 years when it was submitted as an initial draft law to the DPR. Unlike other laws, TPKS Law was designed using a bottom-up system to address the problem of overcoming sexual violence in Indonesia, the number of which increases every year. However, not all regions in Indonesia will use the TPKS Law when cases of sexual violence occur. Aceh Province is the only province that, based on special autonomy, is allowed to have its criminal law called Qanun Jinayat. This research compares the regulations regarding preventing sexual violence contained in TPKS Law and the Aceh Qanun Jinayat. It looks at the threat to the protection of victims of criminal acts, especially victims of criminal acts of sexual violence. This research is normative legal research, which analyzes statutory regulations. The results of the study show that TPKS Law regulates the prevention of sexual violence more comprehensively than the Qanun Jinayat, which requires more comprehensive protection for victims than the Qanun Jinayat. There are also articles in the Qanun Jinayat that tend to cause revictimization, rather than protecting victims.
Recovering Justice Amid Restorative Approach: Finding the Silver Lining in Asset Recovery on Corruption Crimes Ahmad Fauzi; Ariesta Wibisono Anditya; Mohamad Noor Fajar Al Arif Fitriana
Indonesian Journal of Criminal Law Studies Vol. 10 No. 1 (2025): Indonesia J. Crim. L. Studies (May, 2025)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v10i1.5626

Abstract

The criminal justice system is a judicial system that involves the police, prosecutors, courts, and correctional institutions as its sub-systems. This system adopts the interests of rights and remedies for criminals; the sharp criticism is that the criminal justice system ignores the rights and interests of victims, even though the victims suffer direct harm from a crime. The study aims to present how the restorative approach is applied to corruption crimes and how asset recovery mechanisms can contribute to the restoration of justice. The study applied legal research with a normative juridical approach. The primary and secondary data were analyzed using quantitative analysis. Acknowledged as an approach within criminology and criminal law, restorative justice facilitates communication among offenders, victims, and communities to address victims' concerns, bolster societal security, and deter the repetition of crimes. In instances of corruption, restorative justice employs asset recovery mechanisms, allowing victims to recover state financial losses and empowering communities with rights to justice.
Unleashing Justice’s Future: The Dawn of Neuro-Cognitive Risk Assessments (NCRA) in Transforming Rehabilitation Mahmud Mulyadi; Zico Junius Fernando; Panca Sarjana Putra; Ariesta Wibisono Anditya
Indonesian Journal of Criminal Law Studies Vol. 9 No. 1 (2024): Indonesia J. Crim. L. Studies (May, 2024)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v9i1.36418

Abstract

Neuro-Cognitive Risk Assessments (NCRA) represent a groundbreaking innovation in the criminal justice system, concentrating on evaluating cognitive and decision-making factors to assess inmate recidivism risk. Introduced initially in Houston, Texas, in 2017, NCRA have shown substantial efficacy, evidenced by a 2020 study reporting an Area Under the Curve (AUC) value of 0.70, signifying a significant advancement in recidivism prediction. This research employs normative legal methods, utilizing a conceptual, comparative, and forward-looking approach, characterized as descriptive-prescriptive with data analyzed through content analysis. Key advantages of NCRA include their emphasis on cognitive factors and their capability to operate independently via digital platforms, reducing bias and enhancing objectivity. The global adoption of NCRA, including in countries like Canada, the Netherlands, and Australia, underscores its recognition as a promising tool in criminal justice practices. However, ethical considerations and responsible usage are paramount, ensuring the protection of individual rights and involving diverse stakeholders. The integration of NCRA into rehabilitation programs and public policies presents opportunities to enhance efforts against recidivism. By identifying individual needs more accurately and improving predictions of rehabilitation success, NCRA can motivate inmate engagement in rehabilitation initiatives. Moreover, NCRA support the development of effective crime prevention policies, contributing to broader societal well-being. In conclusion, NCRA represent a transformative approach in criminal justice, leveraging cognitive assessments to refine recidivism risk evaluations and enhance rehabilitation outcomes. Ethical deployment and collaborative engagement are critical to maximizing NCRA's potential in promoting justice and reducing reoffending globally.
Review of Legal Compliance of Funding Models and Pivoting Events of Indonesian Digital Start-ups Destyarini, Normalita; Paulus, Darminto Hartono; Anditya, Ariesta Wibisono
Jurnal Pembangunan Hukum Indonesia Vol 7, No 3 (2025)
Publisher : PROGRAM STUDI MAGISTER HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/jphi.v7i3.542-561

Abstract

The existence of digital start-up growth in the existence of digital start-ups that are still looking for a business model so that it can be possible to make changes to the business model in the acceleration process, this affects the funding agreement made by the accelerator. So it is necessary to know the funding scheme for the establishment of digital start-ups and the impact of changing business models on investment contracts. The purpose of this paper is to determine the legal relationship of accelerators, in this case venture capital, to digital start-up in Indonesia, funding schemes and the legal consequences of changing business models by digital start-ups. The research method used is normative juridical, the research specification used is descriptive-analytical. The results showed that funding by Venture capital using convertible notes instrument, against investment contracts if digital start-ups do pivot. It is concluded from the results of the research that the implementation of funding by Ventures Capital will re-do the agreement with the assessment indikator. The implementation is carried out based on the Law of BUMN the Law of Limited Liability Company, the Law of Investment and the Venture capital Head Company Articles of Association.
Co-Authors Adlia Nur Zhafarina Ahmad Fauzi Ahmad Rayhan Ali, Muhammad Ghoffar Amalia, Regita Wienda Anak Agung Istri Agung Vidya Berliana Berliana Andi Redani Suryanata Anisah Karim Antari, Putu Eva Ditayani Antory Royan Adyan Anwar, M. Ian Hidayat Arsawati, Ni Nyoman Juwita Arvita Hastarini Arya Dewangkara Barora, Siti Baskara, Agri Beniharmoni Harefa Damayanti, Maulida Dwi Destyarini, Normalita Dhiana Puspitawati Dikha Anugrah Dinda Anissa Ramadani Eko Ramdani Elza Qorina Pangestika Fadhil, Moh. Fadli, Moh Ferina Ardhi Cahyani Fernando, Zico Junius Hartati, Sawitri Yuli Heryadi, Adi Humana, Sri Iwan Permadi Jastisia, Mentari Jaya, Belardo Prasetya Mega Koeswahyono, Imam Kristanto, Kiki Laili Nur Anisah Levia Tri Mustika Dewi Maharani, Asari Suci Maharani, Natalia Mahmud Mulyadi Manurung, Juwita Milda Istiqomah Misran Wahyudi Mohamad Noor Fajar Al Arif Fitriana Mudiparwanto, Wahyu Adi Muhammad Ghoffar Ali Muhammad Hatta Mumpuni, Niken Wahyuning Retno Naufal El Qolbi N A Ni Luh Novi Astawati Nur Anisah, Laili Nuraini, Paundri Sekar Panca Sarjana Putra Paulus, Darminto Hartono Pengleang, RE Putra, Panca Sarjana Rahman, Yogi Muhammad Rahmawati, Diah Suci Ran, Duan Yan Rizki Wahyuning Damayanti Sary, Wevy Efticha Sawitri, Kiki Novita setyawan, vincentius patria Setyo Widagdo Suwari Akhmaddhian Vincentius Patria Setyawan Wali, Ahmad Widiartana, Gregorius Wina Driyan Pradana Wina Driyan Pradana Wina Driyan Pradana Wirawan, Vani Zico Junius Fernando