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Modification of the sentencing of transgender convict Rosyaadah, Hasnaa Niditya; Shafira, Maya; Susanti, Emilia; Jatmiko, Gunawan; Warganegara, Damanhuri
Ex Aequo Et Bono Journal Of Law Vol. 1 No. 1: (July) 2023
Publisher : Institute for Advanced Science, Social, and Sustainable Future

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61511/eaebjol.v1i1.2023.18

Abstract

The existence of transgender people in Indonesia cannot be accepted by society because they are considered to deviate from existing cultural values. Their status as transgender also makes it difficult to place them in correctional institutions when someone commits a crime. There is no legal certainty and there is a legal vacuum so that there is a need for criminal law modifications such as alternative punishments outside of prison for transgender inmates. This study has two aims: First to find out criminal modifications in the current punishment of transgender inmates, Second to that describe the concept of ideal criminal modification for transgender inmates. this study uses a normative juridical and empirical juridical approach with data collected through literature studies and field studies. The conclusion is there is a need for modifications in the criminal system, such as the placement of transgender prisoners as seen from their identification cards such as ID cards or passports, as well as court decisions if they have applied for a sex change and it has been legalized. In addition, alternative punishments other than imprisonment for transgender convicts can provide legal certainty for them in order to avoid a legal vacuum. Alternative punishment also serves to protect prisoners from the possibility of bullying and harassment for transgender prisoners.
Corporate Crimes and Penal Reform in Indonesia: Evaluating the Efficacy of the Criminal Code Dewi, Erna; Nunna, Bhanu Prakash; Shafira, Maya
Jambe Law Journal Vol. 8 No. 1 (2025)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/home.v8i1.525

Abstract

The rapid economic growth has led to the emergence of diverse business entities, both incorporated and unincorporated. In Indonesia, corporations were not fully recognized as criminal law subjects under the old Criminal Code. However, the National Criminal Code explicitly acknowledges corporations as entities that can bear criminal liability. This research, employing a normative method with a statutory approach, emphasizes the significant role of corporations in the national economy, the risks associated with corporate criminal offenses, and the sanctions provided in the National Criminal Code. The findings reveal that the Code imposes sanctions on corporations, including fines, business suspensions, and other additional penalties. Furthermore, it introduces corrective measures to ensure corporate accountability for criminal acts. This regulatory shift reflects essential legal reform addressing the challenges of economic modernization by recognizing corporations as criminal law subjects liable to principal and supplementary punishments, including, in certain cases, supervisory or takeover measures
Penegakan Hukum terhadap Praktik Destructive Fishing pada Perairan Lampung Hutagalung, Naomi Maynarti; Maroni, Maroni; Shafira, Maya; Maulani, Diah Gustiniati; Farid, Muhammad
Jurnal Ilmiah Hukum dan Hak Asasi Manusia Vol. 4 No. 2 (2025): Januari
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/jihham.v4i2.4261

Abstract

Purpose: This study analyses law enforcement against destructive fishing practices in Lampung waters and the factors that can hinder it. Methodology: The research used a normative juridical approach and was supported by an empirical juridical approach. Primary and secondary data were used. Primary data are sourced from interviews, and secondary data are sourced from books, research results, and journals. Results: The study found that law enforcement against destructive fishing in Lampung involves three stages: formulation through relevant laws; implementation by the police with pre-emptive, preventive, and repressive actions; and execution through the punishment of offenders. Obstacles to enforcement include weak legal frameworks, reliance on Emergency Law Number 12 of 1951, limited patrol boats, lack of forensic laboratories, and low public legal awareness. These challenges have contributed to the continued prevalence of destructive fishing and have hindered effective law enforcement. Limitations: This research is limited to law enforcement against destructive fishing practices in Lampung waters and the factors that hinder it. Contribution: This research can be an educational tool for analysing law enforcement against destructive fishing practices in Lampung waters and the factors that hinder it.
Upaya Non Penal Penanggulangan Pembakaran Hutan dan Lahan di Provinsi Lampung Edla, Zalza Junior; Shafira, Maya; Farid, Muhammad; Maulani, Diah Gustiniati; Ginting, Mamanda Syahputra; Meidiantama, Refi
Jurnal Ilmiah Hukum dan Hak Asasi Manusia Vol. 4 No. 2 (2025): Januari
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/jihham.v4i2.4537

Abstract

Purpose: To purpose the non penal efforts in dealing with forest and land burning in Lampung Province. Methodology/approach: The methods used in this research are normative legal and empirical legal approaches, namely by conducting literature studies and field studies by seeking information through interviews. Result/findings: The findings show that based on data from the Lampung Regional Police (Polda), there have been no reports of forest and land fires in Lampung Province in recent years. However, data from the Ministry of Environment and Forestry shows that forest and land fires still often occur in the region. Therefore, overcoming criminal acts of forest and land burning requires serious and integrated efforts from various authorized parties. Conclusions: karhutla control in Lampung Province through non-penal efforts focuses on preventive and educational steps, such as counseling, patrols, and monitoring of hotspots by the Lampung Police and the Forestry Service. Collaboration with local governments, NGOs, and the community is the main strategy in reducing the number of karhutla. Meanwhile, non-penal efforts face obstacles such as limited personnel, minimal facilities, low public awareness, and the habit of clearing land by burning. Therefore, synergy between various parties is needed to increase the effectiveness of forest and land fire prevention and control. Limitations: This research only analyzes non-penal efforts to prevent forest and land fires in Lampung based on data from relevant agencies, without discussing the effectiveness of criminal law enforcement or the long-term impact of policies, apart from that, differences in reports from various sources are a challenge in obtaining a completely accurate picture of forest and land fire incidents in Lampung. Contribution: Making a positive contribution to agencies involved in preventing forest and land fires, so that they can play a more active role in improving law enforcement and protecting the community in the future.
Upaya Non-Penal Polisi dalam Penanggulangan Pelanggaran Kecepatan di Polres Oku Julianna, Alya Putri; Dewi, Erna; Shafira, Maya; Raharjo, Eko; Ginting, Mamanda Syahputra
Jurnal Studi Pemerintahan dan Akuntabilitas Vol. 4 No. 2 (2025): Januari
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/jastaka.v4i2.4176

Abstract

Purpose: This study aimed to assess the effectiveness of non-penal measures implemented by the police in preventing and reducing speed limit violations, particularly illegal street racing (balap liar), in Baturaja Barat District, South Sumatra. This study also aims to explore in depth the role of the police in addressing speed limit violations, focusing on how law enforcement can effectively carry out duties to reduce such offenses. This includes various aspects, such as the implementation of preventive measures involving public outreach, awareness campaigns about the dangers of violating speed limits, and the use of technology in monitoring and enforcing the law.   Methodology: This study used an empirical research method by conducting interviews at the Baturaja Barat Police Station and Polres OKU. Results: Routine patrols, school socialization campaigns, and parental involvement have successfully reduced illegal street racing incidents between June and October 2024. Conclusion: The role of the police in tackling illegal racing includes normative and factual efforts, with an emphasis on non-penal approaches such as education and parental involvement. The main obstacles stem from low legal awareness, weak sanctions, lack of legal facilities, and social and cultural factors. Limitations: There are still limitations in resources, lack of parental awareness, and absence of legal racing venues. Contribution: Provides insights for policymakers and law enforcement to develop preventive, educative, and rehabilitative non-penal strategies in dealing with illegal racing to increase collective awareness of road safety and reduce accidents due to speed limit violations.
COMPARISON OF CHEMICAL CASTRATION SANCTIONS AGAINST PERPETRATORS OF CHILD SEXUAL VIOLENCE IN IN-DONESIA AND SOUTH KOREA Pratama, Yudi; Irzal Fardiansyah, Ahmad; Nikmah Rosidah; Maya Shafira; Gunawan Jatmiko; Rini Fathonah
Sriwijaya Crimen and Legal Studies Volume 3 Issue 1 June 2025
Publisher : Faculty of Law Sriwijaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/scls.v3i1.4743

Abstract

Chemical castration punishment is regulated in Law No. 17 of 2016 about Child Protection, which provides additional sanctions for perpetrators of child sexual crimes. In South Korea, it is regulated in the South Korean Bill on Prevention and Handling Perpetrator Violence Sexual to However, the implementation of this law has encountered various obstacles, including unclear implementation procedures and rejection from several medical circles. Even though there are aiming to protect children from sexual violence, criticism has emerged regarding potential human rights violations. tendency to repeat crimes. With a more structured system, South Korea has succeeded in reducing the recidivism rate through a rehabilitation approach and long-term supervision. This study uses a normative legal approach using a legislative approach, a conceptual approach and a comparative legal approach. The results of the study show that although both countries have the same goal of protecting children from sexual violence, there are significant differences in the implementation and effectiveness of chemical castration sanctions in Indonesia which carries out execution aimed at the profession doctor while South Korea was handed over to court as execution castration chemical. This study aims to provide insight into the comparison of legal policies in the two countries and their implications for the protection of child sexual violence victims. Meanwhile, South Korea became the first country in Asia to implement chemical castration in 2011. This policy was implemented based on the results of a medical diagnosis indicating that the perpetrator had.
Analisis Efektifitas Penerapan Hak Upah Bagi Warga Binaan di Lapas Kelas I dan IIa Bandar Lampung Athalla Rafhi Mahreza; A Irzal Fardiansyah; Maya Shafira
Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 3 No. 3 (2025): September : Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : STAI YPIQ BAUBAU, SULAWESI TENGGARA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59059/mandub.v3i3.2632

Abstract

Based on research conducted using normative and empirical juridical methods at Class I and IIA Correctional Institutions in Bandar Lampung, the implementation of wage rights for inmates participating in independence development programs as mandated by Law No. 22 of 2022 and Government Regulation No. 32 of 1999 shows that the wage distribution mechanism (50% incentive for inmates, 35% for development funds, and 15% to the state treasury) has been executed through collective labor agreements and an integrated bookkeeping system. The results indicate that over 70% of inmates actively participate in productive activities such as carpentry and handicrafts, with an average wage increase of 15% within one year due to innovations in waste-based craft products. However, productivity varies between activities (85% of target in woodworking versus 60% in sewing) due to raw material constraints, and wage disbursement is delayed by an average of 10 working days because of manual verification procedures and report synchronization. To optimize this system, it is recommended to increase the number of coaching and administrative staff, improve production facilities, digitize bookkeeping and inmate savings accounts, and diversify programs according to local market needs.
Kebijakan Formulasi Tindak Pidana Agama dalam KUHP Nasional Dwinta Yulyanti; Diah Gustiniati Maulani; Maya Shafira; Budi Rizki Husin; Muhammad Farid
Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 3 No. 3 (2025): September : Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : STAI YPIQ BAUBAU, SULAWESI TENGGARA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59059/mandub.v3i3.2750

Abstract

Criminal law formulation policy is the initial stage in criminal law politics that establishes legal norms formulated in legislation, including religious offenses. In the National Criminal Code enacted through Law No. 1 Year 2023, this policy is reflected in Article 300 - Article 305 of the National Criminal Code which regulates criminal offenses against religion, belief, and worship. In this case, it is important to analyze how the formulation policy on religious criminal offenses in the National Criminal Code and what are the juridical implications of the formulation policy on religious criminal offenses in the National Criminal Code. The research method used is normative juridical and supported by empirical juridical method. The data used are primary data, secondary data, and tertiary data. The data obtained is then analyzed qualitatively. Based on the results of the research, it is known that in the National Criminal Code passed through Law No. 1 of 2023, In Article 300 to Article 305 of the National Criminal Code, the state attempts to reorganize religious offenses by clarifying the elements of the act and the intention of the perpetrator, thus preventing multiple interpretations and abuse of the law. This formulation also expands the reach of legal protection not only to official religions, but also to public order and diversity of beliefs in society. However, in substance, the juridical implications of the policy formulation of religious criminal articles in the National Criminal Code include higher legal certainty, protection of citizens' constitutional rights, and changes in the orientation of punishment from repressive to more educative and preventive.
Peran Satgas PPKS terhadap Pelecehan Seksual di Perguruan Tinggi dan Upaya Pencegahanya Ardelia Citra Febriyanti; Diah Gustiniati Maulani; Maya Shafira; Erna Dewi; Aisyah Muda Cemerlang
Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 3 No. 3 (2025): September : Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : STAI YPIQ BAUBAU, SULAWESI TENGGARA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59059/mandub.v3i3.2751

Abstract

This research is motivated by the increasing cases of sexual harassment in the university environment which has a serious impact on the psychological condition of victims and the academic climate as a whole. Universities that are supposed to be safe spaces for learning and development are often places where serious violations of human dignity occur. The establishment of the Task Force for the Prevention and Handling of Sexual Violence (Satgas PPKS) is an important step by the government to provide protection, assistance, and a more structured complaint mechanism for victims of sexual violence. This study aims to examine the criminal acts of sexual harassment in universities as well as analyze the role and countermeasures carried out by the PPKS Task Force in handling these cases. The research methods used are normative juridical approaches and empirical juridical approaches. The normative approach is carried out by analyzing relevant laws and regulations, such as the Sexual Violence Crime Law and university regulations related to the prevention of sexual violence. Meanwhile, an empirical approach is carried out through observation and analysis of the implementation of the tasks of the PPKS Task Force in the campus environment. The results of the study show that the PPKS Task Force plays a significant role in providing psychosocial support for victims, conducting socialization related to the prevention of sexual violence, and enforcing anti-sexual violence policies in universities. In addition, the PPKS Task Force also implements various programs such as gender awareness training, legal assistance, and building a complaint system that is more accessible to students. The implications of this study confirm the importance of education and increasing awareness among the academic community regarding the issue of sexual harassment.
Tinjauan Kriminologis terhadap Praktik Ilegal Penangkapan dan Perdagangan Satwa Liar di Provinsi Lampung Sharla Martiza Maulana P; Maya Shafira; Fristia Berdian Tamza
Hukum Inovatif : Jurnal Ilmu Hukum Sosial dan Humaniora Vol. 2 No. 4 (2025): Oktober: Hukum Inovatif : Jurnal Ilmu Hukum Sosial dan Humaniora
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/humif.v2i4.2277

Abstract

Illegal wildlife capture and trade is a form of crime that has a serious impact on environmental sustainability. This practice not only disrupts the balance of the ecosystem but also threatens the sustainability of biodiversity, a vital asset for the nation and the world. Lampung Province is a strategic region for wildlife trafficking due to its proximity to inter-island distribution routes. This condition makes Lampung one of the provinces with the highest number of wildlife confiscations in Indonesia, thus requiring increased attention from various parties. This study aims to analyze the factors causing illegal wildlife capture and trade, while also identifying mitigation efforts. The research method used is a combination of normative and empirical juridical. Data were obtained through literature review and interviews with relevant agencies, then analyzed qualitatively using an interactive approach and legal interpretation. The results show that economic factors, socio-cultural factors, education levels, environmental conditions, and hobby-based activities are the main triggers for the rise in wildlife crime. Economic motives often drive people to get involved due to the high selling price of wildlife, while socio-cultural factors and low legal awareness exacerbate the situation. An environment that supports fishing activities, along with demand from certain hobbies such as animal collecting, further increases the opportunity for violations. In response, the Lampung Regional Police, in collaboration with the Natural Resources Conservation Agency (BKSDA) SKW III Bengkulu-Lampung, have implemented penal measures through law enforcement, as well as non-penal measures through education, outreach, and community empowerment. This study concludes that synergy between law enforcement, active community participation, and sustainable prevention strategies is key to reducing the rate of wildlife crime. With integrated collaboration, it is hoped that biodiversity can be maintained for the sustainability of the ecosystem in the future.
Co-Authors A Irzal Fardiansyah Ahmad Zazili Aisyah Muda Cemerlang Akhmad Rifai Akib, M Amabel, Xenia Riama Anwar, Mashuril Ardelia Citra Febriyanti Athalla Rafhi Mahreza Balkis, Fahira Budi Rizki Husin Deni Achmad Deni Achmad Depri Liber Sonata Diah Gustiniati Diah Gustiniati Maulani Diah Gustiniati Maulani Dona Raisa Monica Dona Raisa Monica Dwinta Yulyanti Eddy Rifai Eddy Rifai Edla, Zalza Junior Eko Raharjo Emilia Susanti Erna Dewi Erna Dewi . Faisyal Akbar Fardiansyah, Ahmad Irzal Firganefi Firganefi Firganefi Firganefi Firganefi, - Fristia Berdian Tamza FX Sumarja, FX Ginting, Mamanda Syahputra Gunawan Jatmiko Gunawan Jatmiko Heni Siswanto Husin, Budi Rizki Hutagalung, Naomi Maynarti Indawan, Ana Aqila Haya Syaharani Irzal Fardiansyah, Ahmad Julianna, Alya Putri Jumadi, Joko Khaoeirun Nissa Mamanda Syahputra Ginting Maroni Maroni Meidiantama, Refi Muhammad Akib Muhammad Farid Nikmah Rosidah Nikmah Rosidah Ninik Ayuhandika Ninin Ernawati Nunna, Bhanu Prakash Nurcholissa, Ayyusita Pitaloka, Diva Pratiwi, Atika Puspita Wulandari, Puspita Putri Augustine Putri Shaqinah Putri, Rendie Meita Sarie Ramadhani. D, Anggia Nur Rehulina Tarigan Rendie Meita Sarie Putri Rendie Meita Sarie Putri Rinaldy Amrullah Rini Fathonah Rini Fathonah, Rini Rino Sendiko riski, sri Rosyaadah, Hasnaa Niditya Sahril Fadillah Sani, Agnesia Mutiara Sarie Putri, Rendie Meita Septiani, Annisa Eka Sharla Martiza Maulana P Silvia Riani, Rahmawati Silviani, Ninne Zahara Siti Komariah Sri Riski Sri Tanti Tamza, Fristia Berdian Tekila Pramita Amboina Theo Gorand Gabrielo Sihite Tri Andrisman Warganegara, Damanhuri Wibowo, Dava Prawira Yudi Pratama, Yudi Zulfa, Maulidza Diana