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Anis Widyawati
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Taking Restitution Seriously? Victim-Oriented Gaps in the Criminal Justice System Indra Ardiansyah; Anis Widyawati; Indah Sri Utari; Moh. Fadhil
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.v10i1.19636

Abstract

In cases of sexual violence, child victims have the right to seek restitution in alignment with their best interests. Although this right is enshrined in various regulations, in practice, victims face significant challenges in accessing it. For example, at the Kaimana District Court, out of 61 cases, only 1 case successfully accessed restitution. A critical examination of the obstacles faced by law enforcement officials in institutionalizing victim restitution is essential to bridging the gap between victims and the criminal justice system. This article explores the findings related to the failure of law enforcement officials to provide access to justice for victims of sexual violence at the Kaimana District Court. The research employs a qualitative approach, utilizing data collected through field research techniques such as in-depth interviews with judges, documentation review, and a literature study. Secondary legal materials are also analyzed to provide context to the findings. The study reveals that the failure to implement restitution at the Kaimana District Court stems from the prevailing paradigm within the criminal justice system, which prioritizes the retribution of the accused over the needs and rights of the victim. Another institutional challenge is the inaccessibility of the LPSK which is difficult for victims to reach. To address these issues, it is crucial to enhance the role of professional social workers in regional offices, who act as subordinates of the LPSK. Furthermore, the proactive involvement of judges in court is necessary to ensure the effective application of Regulation of the Supreme Court on Restitution.
Rehabilitation through Reading: Evaluating Prisoners’ Right to Literacy as a Tool to Reduce Recidivism Ade Adhari; Fransisca Iriani Roesmala Dewi; Anis Widyawati; Darius Andana Haris; Dwiky Chandra
Indonesian Journal of Criminal Law Studies Vol. 10 No. 2 (2025): Indonesia J. Crim. L. Studies (November, 2025)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v10i2.29687

Abstract

Fulfilling inmates’ right to reading materials is crucial for effective rehabilitation within Indonesia’s correctional system, despite robust legal guarantees—from the 1945 Constitution to specific laws and regulations—practical implementation faces significant hurdles. High recidivism rates in Indonesia underscore the urgent need for genuine rehabilitation beyond mere punitive measures. Using a doctrinal legal research method, the analysis draws on statutory and conceptual approaches, supported by case studies from Class IIB Pinrang, LPKA Pekanbaru, and Class IIA Kupang. Findings highlight there is a persistent gap between legal mandates and on-the-ground reality. A fundamental shift is needed to bridge this: reading must be seen not just as a formal right, but as a core educational and rehabilitative tool for intellectual and personal development. Strategic improvements require stronger cross-sector collaboration, enhanced officer training, and outcome-based evaluation to ensure reading genuinely transforms inmates and supports their successful reintegration into society.
Formulation Policy of Weekend Detention In Indonesia Criminal Law Reform Muhammad Thaufik Hidayat; Anis Widyawati
Indonesian Journal of Criminal Law Studies Vol. 5 No. 1 (2020): Indonesia J. Crim. L. Studies (May, 2020)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v5i1.36346

Abstract

The purpose of this study is to explain and describe how the formulation policy of weekend detention in Indonesia's positive law and how the formulation policy of weekend detention in the Indonesian criminal law reform in the future (ius constituendum). This research uses normative juridical method of research which is legal research conducted by examining the library material in the form of secondary data such as law or library material as well as other documents that support and data retrieval technique used is library research techniques and analysis of data used is interactive analysis model. The results showed that (1) criminal formulation policy the weekend detention in Indonesia's positive law of the arrangement in the correctional Institution is not regulated about the policy of weekend detention. However, in Indonesian positive law formulation has an assimilation program which is one of the programs in the actual criminal implementation almost resembles a weekend detention system. (2) The policy formulation of the weekend detention in the renewal of Indonesian criminal law (penal policy) can be done by the study of the law comparative countries such as France, Portugal, Vanuatu, Queensland and New South Wales that have implemented a relatively advanced prison system that is the weekend detention. The formulation of weekend detention that is expected to be valid in Indonesia in the future is to develop it firmly in the draft Penal code and paste it in article 65 the Draft Penal code or if the government is about to arrange codification in the law of criminal implementation, the weekend detention is entered in one of the types of criminal sanctions.
Progressionism Restorative Justice Policies in Achieving Rehabilitative Criminal Justice Muhtar Hadi Wibowo; Ali Masyhar; Anis Widyawati
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.v9i1.36420

Abstract

This study aims to deeply examine and analyze ideal restorative justice policies, focusing on actualizing rehabilitative criminal law enforcement. By directly observing law in action, it explores how these policies are implemented and their impact, providing insights into effective, humane approaches within the criminal justice system.The main problems are how are the progressivism of restorative justice policy works in actualizing criminal enforcement that is rehabilitative?. Research method is Socio Legal, which is done by studying secondary data and conducting interviews. After that, the collected data is analyzed through a qualitative way. The urgency of this study lies in the frequent use of restorative justice policies for prosecuting criminal offenders. Through comprehensive, recent socio-legal research, this study examines the ideal implementation of restorative justice to achieve rehabilitative criminal law enforcement. Findings indicate that restorative justice should enable law enforcers to use penal codes as rehabilitative tools. The study concludes that restorative justice policies should include compensation requirements proportionate to the perpetrator's crime, ensuring a balanced and effective rehabilitative approach within the legal framework.
Optimizing Oversight: Developing an Ideal Framework for Supervision Prisoners’ Rights Allocation Anis Widyawati; Dian Latifiani; Helda Rahmasari; Ade Adhari
Indonesian Journal of Criminal Law Studies Vol. 9 No. 2 (2024): Indonesia J. Crim. L. Studies (November, 2024)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v9i2.36628

Abstract

This study analyzes the problem of a prosecutor’s procrastination in executing a court judgment that delays the prisoners’ serving their sentences and causes some irregularities in the correctional facilities regarding the prisoners’ rights trade. The introduction of many prisons without a specific body to supervise the execution of the sentence, particularly the warded people’s freedom in Indonesia, appeared to have unfulfilled justice in the society. In this regard, this research aims to define the validity of the need to enhance the Supervision of prisoners’ rights protection in Central Java. It describes an optimal system relevant to such Supervision. The type of research that was utilized in this study is sociological juridical. Sociological juridical research serves to be the opposite of normative legal research. It is revealed that there have been ongoing infringements of prisoners’ rights, highlighting the further need to set a more comprehensive mechanism that would include the Police, the Prosecutors, the Courts, and the Correctional Institutions in the system of oversight and other management functions. Every level in the hierarchy system of the Criminal Justice System has its limit on including the human rights of prisoners containing adequate risks of intrusion, where checks and balances must be exercised. Formally and horizontally, these rights must be assured and upheld both legally and in their spirit by Justice and the Law. This study’s findings are that appropriate measures need to be applied to implement better Supervision policies aimed at safeguarding the human rights of prisoners and ensuring the justice system in Indonesia is not compromised.
Application of Restitution for Criminal Acts Victims: Between Rules and Reality Trias Saputra; Ali Masyhar; Anis Widyawati; Rahmiati Rahmiati
Indonesian Journal of Criminal Law Studies Vol. 9 No. 2 (2024): Indonesia J. Crim. L. Studies (November, 2024)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v9i2.36635

Abstract

Restitution is compensation provided to victims of a crime or their families by the perpetrator or a third party to cover losses from damage to property or income, suffering caused by the crime, and costs for medical or psychological care. Restitution serves as a critical mechanism for ensuring legal protection by aiding in the recovery of victims affected by criminal acts. This is regulated under Law Number 31 of 2014 on the Protection of Witnesses and Victims. However, challenges arise in its implementation, as seen in cases like Decision 1/PID.SUS/2023/PT Bdg, along with various issues in the application of restitution in court rulings, which will be analyzed in this study. This research examines these issues using normative legal research, employing both a legal and case study approach.
Policies on Prevention and Repression Against Sexual Violence for Higher Education: The Challenges and Expectations Helda Rahmasari; Randy Pradityo; Risna Karinda; Sudirman Sitepu; Anis Widyawati
Indonesian Journal of Criminal Law Studies Vol. 8 No. 1 (2023): Indonesia J. Crim. L. Studies (May, 2023)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v8i1.36753

Abstract

The Government's Policies on Prevention and Repression against Sexual violance in Higher Education through the Regulation of the Minister of Education, Culture, Research, and Technology of the Republic of Indonesia Number 30 of 2021 is a symbol of follow-up from the government to address the phenomenon of sexual violence in tertiary institutions in Indonesia. This study aims to analyze the challenges and expectations related to this policy. There are a number of qualitative and quantitative methods that are used in this study, which include interviews, questionnaires, and document analyses, and all are empirical research methods. There are several tertiary institutions in Indonesia, particularly those in Bengkulu City that have implemented Government's Policies on Prevention and Repression against Sexual violance in Higher Education, according to the results of this study. It is also important to note that there are also tertiary institutions that have not implemented these policies, but instead have their own policies or rules in regards to dealing with incidents of sexual violence at their institutions. A number of tertiary institutions, including tertiary schools in Indonesia, follow up on the rules governing the prevention and handling of sexual violence, but they follow policies that are not in line with the Regulation of the Minister of Education, Culture, Research and Technology of the Republic of Indonesia Number 30 of 2021 on Government's Policies on Prevention and Repression against Sexual violance in Higher Education.
The Revitalizing Indonesia's Religious Courts System: The Modernization Impacts and Potentials of E-Court Dian Latifiani; Nur Arif Nugraha; Anis Widyawati; Akhmad Khalimy; Muhammad Iqbal Baiquni; Asmarani Ramli; Pratama Herry Herlambang
Jurnal Hukum Vol 40, No 1 (2024): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v40i1.32279

Abstract

The electronic court (E-Court) system implemented in this study utilizes online technology to facilitate the legal process. This system is based on the principles of fast, simple, and low-cost, and it is designed to address the challenges of traditional court procedures. The objective of this research is to evaluate the effectiveness of E-Court implementation in the Kendal and Semarang Religious Courts in accordance with the Supreme Court Regulation No. 1 of 2019, No. 3 of 2022 and No. 7 of 2022 as well as the Directorate General of Religious Courts Agency No 5374/DJA/HM.01/X/2019, in achieving the principles of fast, simple, and low-cost. This study employs a juridical-empirical approach, using data gathered through interviews, observations, and literature review. The findings indicate that the online justice system, implemented with the aim of expediting the legal process, has been well received by the community, and has proven to be highly efficient in the Kendal and Semarang Religious Courts. Overall, this research highlights the importance of E-Court implementation in delivering fast, simple, and low-cost for the community, while acknowledging the need for continued efforts to enhance the system's accessibility and inclusivity.
CRIMINAL LAW POLICY OF ILLEGAL PHARMACEUTICAL PREPARATIONS IN THE HEALTH OMNIBUS LAW Firman Erry Probo; Anis Widyawati; Duhita Driyah Suprapti
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 4 No. 4 (2024): Multidiciplinary Output Research For Actual and International Issue
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/morfai.v4i4.2428

Abstract

The purpose of the omnibus law is to simplify the legislation amidst the overlapping legal conditions in Indonesia. The purpose of this article is to explain how the criminal law policy of the Omnibus Law applies to the circulation of illegal pharmaceutical preparations in Indonesia, seen from the position of the criminal article regarding the circulation of pharmaceutical preparations in Law Number 17 of 2023 concerning Health. Where Law Number 17 of 2023 concerning Health has revoked the old Health Law, namely Law Number 36 of 2009 concerning Health. This raises doubts for law enforcement officers in law enforcement efforts, whether they can still use the omnibus law of the Job Creation Law which has changed the article related to Illegal Pharmaceutical Preparations in the old Health Law. Based on the results of research on applicable laws and theories related to the formation of the omnibus law, the author argues in the conclusion that the criminal law policy of pharmaceutical preparations in the Health omnibus law aims to simplify the licensing regulations for pharmaceutical preparations into one Law, namely the Job Creation Law. Laws using the omnibuslaw method can only be repealed by the same law so that the articles in the old Health Law which have been amended in the job creation law are still declared valid and can be used by law enforcement officials in enforcing the law against the distribution of illegal pharmaceutical preparations.
Accountability for Error in Procedendo in Bankruptcy Proceedings in Indonesia Siburian, Julya Paulina; Duhita Driyah Suprapti; Anis Widyawati
Journal of Private and Commercial Law Vol. 9 No. 2 (2025): Journal of Private and Commercial Law
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jpcl.v9i2.36770

Abstract

This study aims to comprehensively analyze the forms of maladministration that give rise to error in procedendo in the adjudication of bankruptcy cases in Indonesia, and to evaluate the extent to which the principles of accountability and procedural justice are implemented by commercial court judges. Employing a normative legal research method through statutory, case-based, and conceptual approaches, this study examines the Central Jakarta Commercial Court Decision No. 226/Pdt.Sus-PKPU/2023 and the Supreme Court Decision No. 1103 K/Pdt.Sus-Pailit/2024 as the primary bases of analysis. The findings reveal various forms of maladministration, including delays in the cassation process, violations of statutory deadlines, inaccuracies in determining the legal standing of creditors and debtors, and irregularities in the creditor-verification process. These procedural deviations significantly undermine the effectiveness of the principles of expeditious, simple, and low-cost proceedings as mandated by Law No. 37 of 2004. Based on Romzek and Dubnick’s theory of accountability, the study finds that legal and bureaucratic accountability tend to predominate, while professional and political accountability remain suboptimal. Through the lens of Tom R. Tyler’s theory of procedural justice, the research asserts that judicial non-compliance with procedural requirements adversely affects public trust and the perception of fairness in commercial court proceedings. Accordingly, this study recommends strengthening internal oversight mechanisms, enhancing the professional capacity of judges, and ensuring consistent adherence to procedural standards to promote legal certainty and justice in Indonesian bankruptcy proceedings.
Co-Authors Abidah, Shofriya Qonitatin Ade Adhari Ade Adhari Ade Adhari Ade Adhari Ade Adhari Adiba Ro’uf Danur Islam Adilia Putri Kusuma Adiyatma, Septhian Eka Akbar, Sulthan Faiz Akhmad Khalimy Ali Masyhar Amad Sudiro, Amad Amel Ellsamia Indiyani Amir, Ameerah binti Annisa Suci Rosana aprilia, indah Aprilia, Indah Siti Ardi Sirajudin Ra'uf Ardi Sirajudin Ra'uf Ardi Sirajudin Ra’uf Arif Hidayat Aryani, Fajar Dian Asmarani Ramli ASYAFFA RIDZQI AMANDHA Ayub Torry Satriyo Kusumo Baehaqi Basrawi Basrawi Bearlly Deo Syahputra Choirul Fuad Choirul Fuad Darius Andana Haris Daud Renata Candra Ramadan Deo Syahputra, Bearlly Desiana, Wahyu Dewastyana, Jessica Dewi Sulistianingsih Dian Latifiani Dian Latifiani Didik Purnomo, Didik Duhita Driyah Suprapti Duhita Driyah Suprapti Dwi Budi Santoso Dwiky Chandra Elang Rinjani Utara Eram Tunggul Pawenang Eram Tunggul Pawenang Erdiyasa, Grishafa Anggita Fernando, Zico Junius Firman Erry Probo Fitha Ayun Lutvia Nitha Fransisca Iriani Roesmala Dewi Fuad, Choirul Gusthomi, Moh. Imam Handayani, Hanifa Saesti Hanifah, Wahyu Nur Helda Rahmasari Helda Rahmasari Helda Rahmasari Helda Rahmasari Henri Pelupessi, Ignatius Herry Subondo Heru Setyanto Heru Setyanto Heru Setyanto hidayat, muhammad thaufik Hidayatuzzakia, Hana Hutabarat, Rugun Romaida Ilyasa, Raden Muhammad Arvy Indah Anisykurlillah Indah Sri Utari Indah Sri Utari Indiyani, Amel Ellsamia Indra Ardiansyah Indung Wijayanto Irsan Rahman, Irsan Islam, Adiba Ro'uf Danur Iyan Nurdiyan Haris JOKO SUSANTO Justika Hairani Karinda, Risna Kasmanto Rinaldi, Kasmanto Kusuma, Adilia Putri Kusuma, Bagus Hendradi Lulus Rahma Putra Lyna Latifah Lyna Latifah Manalu, Michael Rio Hamonangan Martitah Martitah Martitah Maskur, M. Azil Masrukhi Masrukhi Moh Imam Gusthomi Moh. Fadhil Mubarak, Kareem Mubarokah, Wakhidatul Muhammad Azil Maskur Muhammad Iqbal Baiquni Muhammad Thaufik Hidayat Muhammad Zaidan Dhiya' Ulhaq Muhammad Zaidan Dhiya' Ulhaq Muhtar Hadi Wibowo Muslikah Musmuliadin Musmuliadin Nasrulloh, Rully Neneng Tasu'ah Nethania, Etta Nte, Ngaboawaji Daniel Nte, Ngboawaji Daniel Nur Arif Nugraha Nur Rochaeti, Nur Nurul Fibrianti Nurul Fibrianti Pakpahan, Dosni Ana Ragita Panusunan, Panusunan Pratama Herry Herlambang Pratama Herry Herlambang Pratama, Muhammad Gadik Pujiyono Pujiyono R. Kemala Nababan, R. Kemala Raden Muhammad Arvy Ilyasa Rafa Reihan Pradipa Rahmawati Melati Sani Rahmawati Melati Sani Rahmiati Rahmiati Rahmiati Rahmiati Ramadan, Daud Renata Candra Randy Pradityo Randy Pradityo Rasdi - Rasdi Rasdi Rasdi Rasdi, Rasdi Ridwan Arifin Ridwan Arifin Risna Karinda Rodiyah - Rohadhatul Aisy Rohmat Rohmat Roy Priyono Ryan Cahya Perdana5 Sabri, Zaharuddin Sani Ahmah Sani, Rahmawati Melati Seni Ira Maya Rasidah Seni Ira Maya Rasidah Septhian Eka Adiyatma Septhian Eka Adiyatma Setya Putra, Royce Wijaya Setyanto, Heru Setyowati, Ro'fah Shidarta Shidarta Shofriya Qonitatin Abidah Siburian, Julya Paulina Siti Amatil Ulfiyah Smith, Arthur Sonny Saptoajie Wicaksono sri lestari rahayu Subondo, Herry Sudirman SItepu Sudirman Sitepu Sumartono, Nike Natasya Dewi Surip Surip Surip Surip Suryani, Leony Sondang Syahputra, Bearlly Deo Tania, Neysa Teeraphan, Papontee Trias Saputra Ulfiyah, Siti Amatil Utami, Putri Dwi Wahyu Sinta Dewi Pramudita Wayan P. Windia Wibowo, Muhtar Hadi Wijayanti, Zulfa Rena Yaspri Muzwim Yudhistira Gilang Perdana Yuniar, Divia Avril Yustina Dhian Novita Zjubaidi, Falikha Ardiyani Zulfa Rena Wijayanti