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All Journal Jurnal Dinamika Hukum Wacana, Jurnal Sosial dan Humaniora Brawijaya Law Journal : Journal of Legal Studies Arena Hukum Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Unes Law Review Pena Justisia: Media Komunikasi dan Kajian Hukum International Journal of Business, Law, and Education International Journal of Educational Review, Law And Social Sciences (IJERLAS) IBLAM Law Review International Journal of Islamic Education, Research and Multiculturalism (IJIERM) Yuridika Jurnal Hukum Prioris
Faizin Sulistio
Unknown Affiliation
Religion Aerospace Engineering Arts Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Neuroscience Physics Public Health Social Sciences Other

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Law Enforcement of Cybercrime: Tracking Digital Footprints of Cross-Border Hackers Nusa, Idham Qrida; Sugiri, Bambang; Yuliati, Yuliati; Sulistio, Faizin
International Journal of Islamic Education, Research and Multiculturalism (IJIERM) Vol 7 No 2 (2025)
Publisher : The Islamic Education and Multiculturalism Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/ijierm.v7i2.475

Abstract

This journal analyzes the procedural criminal law (KUHAP) in dealing with cybercrime within formal legal law. The analysis highlights the use of cloud storage as a media to store the proceeds of crime, in the form of data privacy. As a case study to show how cyber criminals commit cyber crimes by using computer networks, investigators still face difficulties in conducting searches and seizures to obtain evidence. The results of data theft crimes which are stored in cloud storage, make digital evidence difficult to be seized, nothing can be used as evidence. As a result, digital evidence from crimes remains accessible and can be reused in subsequent crime, while, hackers remain uncaptured. What strategies can the Indonesian government implement to overcome and prevent cyberbcrime attacks in the future? This requires reformulating legal provisions as amendments and improvements to Law Number 8 of 1981 concerning the Indonesian Criminal Procedure Code (KUHAP), with reference to the Budapest Convention. This research examines the main problem using a normative juridical approach, statutory approach, case approach, and comparative legal methods, combined with qualitative analysis approach. It philosophically examines the principle of legal certainty and analyzes legal theories of punishment and confiscation. Thus, a formal procedural legal system is applied to regulate the seizure and search of intangible electronic, enabling the electronic evidence stored in cloud to be seized or taken down from cyberspace, declared valid in court, fulfilling the principle of legal certainty to trace the footsteps of hackers across countries/internationally.
REFORMULATING THE LEGAL STANDING OF INTERESTED THIRD PARTIES IN SUBMITTING PRETRIAL MOTIONS AGAINST THE TERMINATION OF INVESTIGATION OR PROSECUTION Enos Syahputra Sipahutar; Faizin Sulistio; Abdul Madjid
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 4 (2025): July
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i4.3142

Abstract

This article discusses the urgency and necessity of reformulating the scope of third parties with legal standing to file a pretrial motion against the termination of investigation or prosecution. The study is motivated by a pretrial case in which the petition was rejected on formal grounds regarding the petitioner's legal standing, despite substantive indications of injustice in the law enforcement process. This research adopts a normative juridical method using statutory, conceptual, and case study approaches. The findings indicate that the limited interpretation of “interested third parties” as provided by the Constitutional Court in Decision Number 98/PUU-X/2012 does not fully reflect the principle of justice. Therefore, a redefinition of the scope of third parties particularly including suspects/defendants/convicts in separate case files is necessary to ensure equal access to justice and prevent discrimination in legal proceedings.
Analysis of The Limits of Criminal Acts of Gambling in The System of Acquiring Virtual Assets Through Loot Crates in Virtual Games Pradana, Indra Kurnia Okta; Aprilianda, Nurini; Sulistio, Faizin
International Journal of Business, Law, and Education Vol. 4 No. 2 (2023): International Journal of Business, Law, and Education
Publisher : IJBLE Scientific Publications Community Inc.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56442/ijble.v4i2.295

Abstract

The development of globalization and technological advances influences the progress of the creative industry, particularly in the virtual gaming sector, commonly known as online games. As time progresses, the online gaming industry is rapidly evolving, both in terms of its audience and the entrepreneurs involved. This sector enables easy selling of various items related to online games. With the increasing number of enthusiasts due to the changing times, gaming companies are introducing innovations to captivate players' interest.One such innovation is the introduction of a new category of virtual assets in online games, commonly referred to as Loot Crates. These are virtual assets in online games that can be purchased using real currency or other payment methods, such as in-game currency. The Loot Crate system involves a mechanism that provides virtual assets randomly, incorporating an element of luck to obtain desired assets. However, the random nature of Loot Crates raises concerns about meeting the elements of gambling offenses.The Loot Crate system, implemented by various producers, operates as an electronic transaction and is subject to the Electronic Information and Transactions Law No. 11 of 2008, in conjunction with Law No. 19 of 2016. According to these laws, one of the prohibited actions, as stated in Article 27, Paragraph 2, is "Any person intentionally and without right distributes and/or transmits and/or makes electronically stored information and/or electronic documents that contain gambling content."Please note that the translation may not capture the full legal nuances, and legal advice may be necessary for a precise interpretation.
THE URGENCY OF LEGAL REGULATIONS RELATING TO THE AUTHENTICATION OF EVIDENCE ELECTRONICS IN THE INDONESIAN CRIMINAL JUSTICE SYSTEM Fayadh Ayyasi Regar; Milda Istiqomah; Faizin Sulistio
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 5 (2025): September
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i5.3773

Abstract

This study aims to analyze the urgency of electronic evidence authentication in the Indonesian criminal justice system and formulate future legal regulations that provide legal certainty regarding the validity of electronic evidence. The research method used is a juridical-normative with a statutory and conceptual approach, which is based on a literature review of national regulations and international legal instruments such as the Budapest Convention. The results of the study indicate that the absence of provisions for electronic evidence authentication in the Criminal Procedure Code creates legal uncertainty and opens up opportunities for digital evidence manipulation in court. The discussion emphasizes the importance of digital forensics as a technical authentication mechanism to ensure the integrity, authenticity, and reliability of electronic evidence. In addition, the conformity of electronic evidence with the principles of relevance and legality is still not fully regulated in the criminal procedural law system. The conclusion of this study is that electronic evidence authentication needs to be immediately regulated firmly in legislation as a form of adaptation to developments in information technology to realize justice and legal certainty in the digital era
THE URGENCY OF FORMULATING LEGAL REMEDIES BY VICTIMS: A COMPARATIVE STUDY OF INDONESIA AND CHINA Utami Puspaningsih; Yuliati; Faizin Sulistio
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 3 (2025): May
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i3.2758

Abstract

Criminal legal remedies are regulated in Chapter XII of the Criminal Procedure Code, namely ordinary legal remedies and extraordinary legal remedies. The interests of victims of crime are represented by the Public Prosecutor, but unfortunately if the Public Prosecutor does not file a legal remedy against the verdict, then the victim cannot file a legal remedy and must accept the verdict. The purpose of this paper is to actualize the participation of victims in criminal justice. The method of this study was normative juridical approach with descriptive analytical specification. The stages of the study were literature research and comparison of legal systems with other countries. This research shows that the participation of victims in judicial practices has become a public concern in the international realm so that it is necessary to balance the roles of victims and defendants in the Indonesian legal system, especially in filing criminal law efforts. Therefore, there is a need for material testing to the Constitutional Court related to Article 50 to Article 68 of the Criminal Procedure Code.
INCONSISTENCY IN THE PROVISION OF RESTITUTION FOR VICTIMS OF SEXUAL VIOLENCE CRIMES IN LIGHT OF JUDICIAL DECISIONS IN INDONESIA David Mangaraja Lumban Batu; Setiawan Noerdajasakti; Faizin Sulistio
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 3 (2025): May
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i3.2816

Abstract

Indonesia, as a state governed by the rule of law, is committed to protecting human rights through the Criminal Justice System. One of the main challenges is the handling of sexual violence crimes. To this end, Law No. 12 of 2022 on Sexual Violence Crimes (UU TPKS) affirms the right to restitution for victims as part of their recovery. However, implementation in practice shows differences in judicial considerations and attitudes in determining restitution, despite its clear regulation in the law. This study aims to analyze the factors hindering the implementation of restitution for victims of sexual violence crimes, with a focus on cases carrying penalties exceeding four years. This research is expected to provide recommendations to enhance law enforcement compliance in fulfilling the obligation to provide restitution, thereby better protecting victims’ rights.
THE MEANING OF TWO VALID MEANS OF EVIDENCE IN DETERMINING A SUSPECTS IN THE PRE-TRIAL PROCESS Sultan Agung; Yuliati; Faizin Sulistio
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 3 (2025): May
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i3.2855

Abstract

The purpose of this study is to find out whether 2 (two) valid evidence is only based on the quality of the evidence or should the quality of the evidence; and analyze the difference between examining the quality of evidence and examining the subject matter at trial. The method of this research is normative juridical with conceptual, statutory and comparative approaches. The results of the study show that the proof of 2 valid evidence to establish a person as a suspect in the pretrial process does not focus on determining the material truth, but rather on procedural and formalistic aspects. Basing the decision on two pieces of evidence quantitatively can cause big problems for the judge so that in addition to having to pay attention to the amount of evidence, but also having to check the quality of the evidence as the principle of evidence in Perma Number 4 of 2016 emphasizes that the testing of the quality of this evidence must be carried out carefully and carefully, so that the legal process remains fair and does not harm the rights of the suspect.
LEGAL IMPLICATIONS OF REGULATING ARTICLES 38 AND 39 OF LAW NUMBER 1 OF 2023 (CRIMINAL CODE) ON CRIMINAL LIABILITY FOR PERSONS WITH DISABILITIES Istiyanthi, Canthika Mira; Sulistio, Faizin; Madjid, Abdul
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 3 (2025): May
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i3.2951

Abstract

This research analyzes the juridical implications of Articles 38 and 39 of Law Number 1 of 2023 (Criminal Code) on the construction of criminal liability for persons with disabilities in Indonesia's criminal justice system. Through a juridical-normative approach, the research identifies a paradigmatic transformation from a paternalistic model toward a rights-based approach, albeit with implementation challenges encompassing conceptual ambiguities, procedural limitations, and structural barriers. The findings demonstrate the urgency of reorienting criminal liability construction through developing a "Differential Criminal Responsibility" model that integrates principles of proportionality, individualization, and adaptive support aligned with international standards. Recommendations include legislative harmonization, assessment protocol development, institutional capacity enhancement, and diversification of rehabilitation-based legal consequences to optimize legal protection for persons with disabilities within an inclusive and equitable criminal justice system. Keywords: Criminal Liability, Persons with Disabilities, Criminal Code 2023
RATIO DECIDENDI IN DETERMINING RIGHTS TO RESTITUTION FOR CHILDREN AS VICTIMS OF RAPE Jessyca Fatmawaty Hutagalung; Setiawan Noerdajasakti; Faizin Sulistio
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 5 (2025): September
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i5.3764

Abstract

This study discusses the legal regulations and basis for judges' considerations (ratio decidendi) in determining the right to restitution for children as victims of rape. The granting of restitution is often inconsistent due to differences in judges' interpretations of applicable legal norms, particularly the Child Protection Law and the Law on Sexual Violence. This study uses a normative juridical method with a qualitative approach through a review of the Cikarang District Court Decision Number 225/Pid.Sus/2024/PN.Ckr and the Padang District Court Decision Number 327/Pid.Sus/2019/PN.Pdg. The results of the study indicate that the judges in both decisions based their restitution determination on the principles of protecting victims' rights, restorative justice, and comprehensive recovery for the victims' physical, psychological, and social losses. In the Cikarang District Court Decision, restitution was awarded in the amount of Rp 29,800,000 and Rp 15,183,000 to the two child victims, while in the Padang District Court Decision the restitution awarded was much larger, namely Rp 194,125,000 to the victim's parents. The difference in nominal values occurred due to differences in the details of the proof of losses and the lack of standard technical guidelines in calculating restitution. From these findings, it can be concluded that although restitution has been recognized as an inherent right of child victims, the practice of determining restitution remains diverse and has the potential to create legal uncertainty. Therefore, clearer synchronization of regulations and technical guidelines is needed to optimize the fulfillment of restitution and ensure the protection and restoration of victims' human rights.
"THE ROLE OF POST-DIVERSION SUPERVISION IN PREVENTING RECIDIVISM AND SOCIAL REINTEGRATION OF CHILDREN" Dian Ayu Raspati; Faizin Sulistio
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 5 (2025): September
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i5.3984

Abstract

Diversion in the juvenile justice system aims to promote rehabilitation and avoid formal justice processes. However, weak post-diversion supervision increases recidivism and hinders social reintegration. This study identified regulatory challenges, limited resources, and a lack of inter-agency coordination in the post-diversion supervision of children. The roles of the Child Protection Agency (Bapas), families, and communities are crucial in ensuring successful rehabilitation. Policy reforms and strengthening of restorative justice-based monitoring systems are needed. More effective supervision will help children lead better lives and prevent re-offending.
Co-Authors Aan Eko Widiarto Abdul Madjid Abdul Madjid Abdul Majid Amalia Andayani Nugraha Amelia Srikusumadewi Anissa Larasati Bambang Sudjito BAMBANG SUGIRI Daffa Salsabilla, Aizahra David Mangaraja Lumban Batu Dewati, Shanty Raksa Dian Ayu Raspati Enos Syahputra Sipahutar Fanidia Tumanggor Fayadh Ayyasi Regar Hamja Hamja Hamja, Hamja Hensi Septia Utami Hutabarat, Erna Anggraini I Made Bima Cahyadi I NYOMAN NURJAYA Istiyanthi, Canthika Mira Jessyca Fatmawaty Hutagalung Lucky MH SH. Endrawati Milda Istiqomah Monique, Cindy Muhammad Hanif Ramadhan Muhammad Luthfi Muktiono Muktiono Nugraha Ardi Setiawan Nurini Aprilianda Nusa, Idham Qrida Panjaitan, Junifer Dame Patricia Audrey Patricia Audrey Ruslijanto Pradana, Indra Kurnia Okta Ramadhani, Defi Sri Sunardi Roni Evi Dongoran Safa'at, Rachmad Safa’at, Rachmad Salsabila, Aizahra Dafa Setiawan Noerdajasakti Setiawan Noerdajasakti, Setiawan Setiawan Nurdayasakti Shilvi Grisminarti Sugiri, Bambang Sukarmi Sultan Agung Tata Wijayanta Utami Puspaningsih Yessika Florencia Yonatan Yudhi Darmansyah Yuliati - Zaki Mahfuz Ridha