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All Journal JURNAL HUKUM Jurnal Hukum Progresif Pandecta Abdimas Yustisia Jurnal Ilmiah Mahasiswa FEB Jurnal Dinamika Hukum Qistie: Jurnal Ilmu Hukum Jurnal Hukum Novelty Jurnal Daulat Hukum INDONESIAN JOURNAL OF CRIMINAL LAW STUDIES Journal of Indonesian Legal Studies Jurnal Ilmiah Hukum LEGALITY Al-Jinayah: Jurnal Hukum Pidana Islam Jambe Law Journal Jurnal Meta-Yuridis Jurnal Pengabdian Hukum Indonesia (Indonesian Journal of Legal Community Engagement) JPHI YUSTISI Jambura Law Review Jurnal Muara Ilmu Sosial, Humaniora, dan Seni Indonesian Journal of Advocacy and Legal Services The Indonesian Journal of International Clinical Legal Education Law Research Review Quarterly JURNAL USM LAW REVIEW Yustisi: Jurnal Hukum dan Hukum Islam Advances in Police Science Research Journal Fox Justi : Jurnal Ilmu Hukum Multidiciplinary Output Research for Actual and International Issue (Morfai Journal) Jurnal Dedikasi Hukum Jurnal Hukum Pelita Indonesia Law Review (ILREV) Semarang Law Review Cerdika: Jurnal Ilmiah Indonesia Eduvest - Journal of Universal Studies Hukum dan Politik dalam Berbagai Perspektif Causa: Jurnal Hukum dan Kewarganegaraan Jurnal Hukum dan Pembangunan Journal of Law and Legal Reform The Indonesian Journal of International Clinical Legal Education Jurnal Dinamika Hukum Pandecta : Jurnal Penelitian Ilmu Hukum (Research Law Journal) Lex Scientia Law Review Journal of Private and Commercial Law Jurnal Pengabdian Hukum Indonesia Indonesian Journal of Advocacy and Legal Services Indonesian Journal of Pancasila and Global Constitutionalism The Digest: Journal of Jurisprudence and legisprudence International Law Discourse in Southeast Asia Semarang State University Undergraduate Law and Society Review Indonesia Media Law Review Law Research Review Quarterly Indonesian Journal of Criminal Law Studies
Anis Widyawati
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Religion Aerospace Engineering Agriculture, Biological Sciences & Forestry Arts Humanities Chemical Engineering, Chemistry & Bioengineering Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Energy Engineering Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Neuroscience Public Health Social Sciences Other

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Prison and Non-Prison Sanctions in Cases of Defamation through Social Media Purnomo, Didik; Widyawati, Anis; Kusuma, Bagus Hendradi
Indonesia Media Law Review Vol. 4 No. 1 (2025): January-June, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/imrev.v4i1.33163

Abstract

The increase in online defamation in Indonesia in line with the growing number of internet users, which is often responded to with prison sentences of up to 4 years based on the Electronic Information and Transactions Law, has raised a debate regarding the effectiveness and proportionality of such punishments. This article aims to compare the effectiveness of prison sanctions versus non-prison sanctions such as fines, community service, and their alignment with the principles of restorative justice and the 2023 Criminal Code. The research method uses a comparative-normative approach by analyzing the rulings on defamation cases via Facebook, the ITE Law, and regulatory changes in the Criminal Code (Law No. 1/2023). The study results show that the defendants were sentenced to prison (2–8 months), only 3 received probation, the 2023 Criminal Code (effective 2026) abolishes prison sentences for minor offenses, switching to fines (maximum Rp10 million) or community service, online defamation has now become a complaint-based crime following the changes to the ITE Law in 2016. In conclusion, short-term prison sentences are less effective because they have the potential to sacrifice freedom of expression and have minimal preventive impact, while non-custodial sentences are more suitable for minor cases in line with the adoption of restorative justice. Recommendations include amendments to the Electronic Information and Transactions Law (UU ITE) to integrate alternative sanctions of fines or community service, prioritizing mediation as a preliminary step, and socializing the limits of digital freedom.
Reforming Social Rights for International Refugees in Indonesia: Towards Enhanced Welfare and Legal Protection Kusumo, Ayub Torry Satriyo; Erdiyasa, Grishafa Anggita; Nethania, Etta; Widyawati, Anis; Rahayu, Sri Lestari
Journal of Law and Legal Reform Vol. 6 No. 4 (2025): October, 2025
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v6i4.22778

Abstract

Refugees constitute a highly vulnerable population, frequently exposed to severe human rights violations or neglect. Refugees are often undergone variable restrictions like on speech, travel, education, and economic activities. Particularly at risk are their rights to decent work, livelihoods, and access to education for children. The inability to secure dignified work profoundly exacerbates the challenges in fulfilling educational rights within refugee communities. This article investigates the systemic vulnerabilities leading to the potential violation of these critical social rights for international refugees in Indonesia. As a nation that has not ratified the 1951 Convention on the Status of Refugees, Indonesia operates without a comprehensive domestic legal framework explicitly governing refugee social rights. Nevertheless, its responsibilities as a member of the global community, coupled with inherent humanitarian principles, morally and ethically obligate the protection of these fundamental rights. Drawing on comparative legal analysis and good practices from other nations, this paper aims to identify specific areas for legal and policy reform in Indonesia. These reforms are crucial for providing adequate protection for refugees’ rights to work and education, within the practical capabilities of the state, and without compromising the security and public order rights of its citizens. Ultimately, this research underscores the urgent need for domestic legal reform to enhance refugee welfare and ensure their human dignity in Indonesia.
Empowering Boja Village through Equilibrium Theory Based Gender Equality for the Enhancement of Family Welfare Widyawati, Anis; Latifiani, Dian; Latifah, Lyna; Aisy, Rohadhatul; Abidah, Shofriya Qonitatin; Ulfiyah, Siti Amatil; Indiyani, Amel Ellsamia; Kusuma, Adilia Putri; Setyanto, Heru
Indonesian Journal of Legal Community Engagement Vol. 7 No. 2 (2024): (July-December, 2024)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jphi.v7i2.2937

Abstract

This study explores into exploring the execution of Equilibrium Theory-Based Gender Equality (ETBGE) in Boja Village to enhance family welfare, employing a non-doctrinal (empiric) approach through observation and surveys. Gender equality is crucial for holistic development, especially in rural areas, as it promotes socioeconomic progress. Drawing on Equilibrium Theory, which advocates for equal This study delves into how gender equality principles can be effectively applied at the community level to enhance access to resources and opportunities. Through systematic observation and comprehensive surveys in Boja Village, the study evaluates gender dynamics, resource allocation, decision-making processes, and overall family welfare. Analysis of empirical data, including demographic profiles, economic indicators, and social structures, aims to uncover existing disparities and challenges in achieving gender equality objectives. The findings offer insights into the effectiveness of ETBGE principles in Boja Village, identifying successful areas and those needing further intervention. The study concludes by proposing practical recommendations and strategies to empower Boja Village residents, particularly women, enabling them to participate in decision-making, access resources equitably, and enhance the welfare of their families and the community.
Progressionism Restorative Justice Policies in Achieving Rehabilitative Criminal Justice Wibowo, Muhtar Hadi; Mursyid, Ali Masyhar; Widyawati, Anis
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.v9i1.50292

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.
Policies on Prevention and Repression Against Sexual Violence for Higher Education: The Challenges and Expectations Rahmasari, Helda; Pradityo, Randy; Karinda, Risna; Sitepu, Sudirman; Widyawati, Anis
IJCLS (Indonesian Journal of Criminal Law Studies) Vol 8, No 1 (2023): Indonesia J. Crim. L. Studies (May, 2023)
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v8i1.42736

Abstract

The Government's Policies on Prevention and Repression against Sexual Voilance 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 Voilance 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 Voilance in Higher Education.
The Role of The Prosecutor as Executor of Court Decisions in Returning Confiscated Objects and State Spoils in Criminal Cases: Comparing Indonesia, Malaysia, Nigeria, and Thailand Amir, Ameerah binti; Hanifah, Wahyu Nur; Widyawati, Anis; Nte, Ngboawaji Daniel; Smith, Arthur
IJCLS (Indonesian Journal of Criminal Law Studies) Vol 7, No 1 (2022): Indonesia J. Crim. L. Studies (May, 2022)
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v7i1.35601

Abstract

The execution of court decisions especially for confiscated objects and state spoils face some challenges in Indonesia. This research aims to find out the the executive of court decisions in the return of evidence, as well as what factors affect the presecutor as the executor of the court’s decision. The research questions formulated as first, what is the role of the presecutor in carrying out of the execution of the court's verdict on the return of evidence? and second, what are the factors that affect the presecutor as the executor of the court's decision in the return of evidence? The research method used in this research is qualitative research method with a type of socio-legal studies. This research found and highlighted that the execution of the court’s decision on the status of the evidence carried out by the Prosecutor after the adjudicator's decision has been signed. There are four factors that influence the level of effectiveness of the Prosecutor as the executor of court decisions with regard to evidence, including the legal factor itself, the community factor, the law enforcement officer factor, as well as the legal facilities and facilities factor. Various regulations have been drafted, however, none of them have explicitly regulated the threat of sanctions for prosecutors who do not immediately carry out executions, lack of coordination between related parties, and limited legal facilities and facilities are factors that affect the effectiveness of prosecutors in carrying out their duties.
Effectiveness of Ship Sinking of Illegal Fishing in Term of the Improvement of Local Fishermen Income Maskur, Muhammad Azil; Masyhar, Ali; Kusuma, Bagus Hendradi; Widyawati, Anis
IJCLS (Indonesian Journal of Criminal Law Studies) Vol 6, No 2 (2021): Indonesia J. Crim. L. Studies (November, 2021)
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v6i2.33915

Abstract

Illegal fishing in Indonesia is at an alarming point, that the Ministry of Maritime Affairs and Fisheries made a policy of ship sinking. There are pros and cons related to these sanctions, not even a little resistance from both the internal government itself and the mafia who have been enjoying the results of Illegal Fishing. The sustainability of this policy has been almost 4 years. Data represents that through this policy, illegal fishing has dropped dramatically, so that when viewed in terms of criminal penalties for deterrence (absolute theory), the policy is very effective. However, whether the policy has an impact on the income of local fishermen, logically, when there is illegal fishing of small fish, the income of local fishermen increases. In order to figure out the effectiveness of illegal fishing sanctions in relation to increasing local fishermen’s income, the researchers determined the location of the study in the Tambak Lorok Fishing Village in Semarang.
Formulation Policy of Weekend Detention In Indonesia Criminal Law Reform Hidayat, Muhammad Thaufik; Widyawati, Anis
IJCLS (Indonesian Journal of Criminal Law Studies) Vol 5, No 1 (2020): Indonesian J. Crim. L. Stud. (May, 2020)
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v5i1.25322

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.
Pertimbangan Jaksa dalam Tuntutan Pidana Mati Kasus Pembunuhan dan Pemerkosaan oleh Anak Handayani, Hanifa Saesti; Widyawati, Anis
JURNAL HUKUM PELITA Vol. 6 No. 1 (2025): Jurnal Hukum Pelita Mei 2025
Publisher : Direktorat Penelitian dan Pengabdian (DPPM) Universitas Pelita Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37366/jhp.v6i1.5813

Abstract

The prosecution of death penalty to children is a controversial issue and creates polemics in the juvenile criminal justice system because it violates the provisions of Article 3 letter f and Article 81 Paragraph (6) of the SPPA Law. This research aims to analyze the prosecutor's consideration in charging the death penalty against children who commit murder and rape based on the juvenile criminal justice system and identify the prosecutor's consideration in charging the death penalty against children who commit murder and rape based on legal objectives. This type of research is literature research (normative) with a statute approach and case approach. The data is analyzed descriptively qualitatively to provide an overview of the problems that occur systematically and accurately. The results showed that the main consideration of public prosecutors in handling juvenile criminal cases in Palembang still focuses on retributive punishment rather than rehabilitative punishment so that it is not in accordance with the juvenile criminal justice system and to realize the objectives of the law, the death penalty charges against children cannot be applied
Corruption Prevention Efforts in the National Strategic Program Through the Strategic Development Security Program Nasrulloh, Rully; Widyawati, Anis; Nte, Ngaboawaji Daniel
Pandecta Research Law Journal Vol. 19 No. 1 (2024): June, 2024
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.vol19i1.2493

Abstract

This research examines the Strategic Development Security Program (SDSP) within Indonesia's National Strategy under President Joko Widodo's administration, focusing on its role in preventing corruption in national and regional strategic projects. The SDSP represents a novel approach that combines strategic development with advanced security frameworks, offering a comprehensive solution to corruption. This study employs normative research methods, including extensive library research, to analyze the SDSP's implementation, particularly the mechanisms established by the Attorney General's Office as outlined in the Guidelines Number 5 of 2023 and Technical Instructions Number B-1450/D/Ds/09/2023. The urgency of this research is underscored by the growing need to enhance transparency and accountability in development efforts, amid rising concerns over corruption's impact on governance and societal welfare. The SDSP's innovative integration of real-time monitoring, risk assessment, and adaptive policy measures is critical in addressing these challenges. The research highlights the effectiveness of the SDSP in securing strategic development projects and its alignment with official guidelines and procedural frameworks designed to prevent corruption. By evaluating the SDSP’s mechanisms and their practical application, this study contributes valuable insights into improving anti-corruption strategies and governance frameworks. The findings aim to inform policymakers, refine anti-corruption efforts, and offer a model for similar initiatives globally. The research underscores the importance of adaptive, integrated approaches to safeguarding institutional integrity and promoting sustainable development, thus providing a significant contribution to both national and international anti-corruption discourse.
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