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All Journal Arena Hukum Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences International Journal of Educational Review, Law And Social Sciences (IJERLAS) International Journal of Humanities Education and Social Sciences International Journal of Islamic Education, Research and Multiculturalism (IJIERM)
Setiawan Noerdajasakti
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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 Social Sciences Other

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Constitution Reposition of the 1945 Constitution in Justice Collaborators Based on Human Rights Joko Cahyono; Herman Suryokumoro; Nurini Aprilianda; Setiawan Noerdajasakti
Budapest International Research and Critics Institute-Journal (BIRCI-Journal) Vol 5, No 2 (2022): Budapest International Research and Critics Institute May
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v5i2.5702

Abstract

Arrangements for the implementation and granting of the status of collaborating witnesses or known as Justice Collaborator Which invites the issue of pros and cons about the benefits and consequences that can be used as legal commodities, as well as subjectivity in the provision of its determination. To answer the question that has become public unrest, a comprehensive interpretation of the law is needed both grammatically, historically and juridically in order to obtain an understanding of whether the legal politics in the LPSK Law which regulates the Justice Collaborator has been in accordance with the objectives in terms of uncovering the main actors and restoring state losses related to the economy and development. Furthermore, to examine why the determination of Justice Collaborator on corruption crimes does not immediately realize a social justice as in paragraph IV of the Preamble to the Republic of Indonesia Constitution Th. 1945. It is very possible that the existing norms are incomplete, so they must be reconstructed by accommodating the principles of expediency and justice while still having a progressive nature of law enforcement in order to create ideal norms.
UNSUR SUBSOSIALITAS KRIMINALISASI PERBUATAN PADA PASAL 55 DAN 56 UNDANG-UNDANG NOMOR 5 TAHUN 2011 TENTANG AKUNTAN PUBLIK Nurini Aprilianda; Faizin Sulistio; Setiawan Noerdajasakti
Arena Hukum Vol. 6 No. 1 (2013)
Publisher : Arena Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (830.296 KB) | DOI: 10.21776/ub.arenahukum.2013.00601.4

Abstract

Abstract This research was conducted to explore the basic idea behind the use of criminal provision in Article 55 and 56 of Act Number 5 of 2011 on Public Accountants. This search was conducted to locate and find the justification used for means of criminal law in the regulation of public accounting actions that are considered dangerous and harmful to society. This study tried to construct a theory of the use ”subsocialiteit” who was instrumental in the idea of the use of criminal law as a means of crime prevention in Act Number 5 of 2011. The results can be concluded is the basic idea of the use of criminal law in Article 55 and 56 of Act Number 5 of 2011 is based on some legislators ratio, namely: (1) Philosophically a safeguard against the profession as well as protection, (2) Provide legal certainty the public accountants and law enforcement, (3) Transparency and professionalism in making the financial statement audit, (4) Provide a deterrent effect, (5) Moral panic. The construction of the idea was based on the concept of ”subsocialiteit” and fears of harmful acts against the interests of the public accountant is realized by providing a model of criminalization that is expected to provide a balance in penal policy formulation, using a modeling and the legal principle approach (criminal). Key words: criminalization, subsociality AbstrakPenelitian ini dilakukan untuk menelusuri ide dasar yang melatarbelakangi penggunaan ketentuan pidana dalam Pasal 55 dan 56  Undang-Undang Nomor 5 Tahun 2011 tentang Akuntan Publik. Penelusuran ini dilakukan untuk mencari dan menemukan dasar pembenaran yang digunakan untuk menggunakan sarana hukum pidana dalam pengaturan perbuatan akuntan publik yang dianggap berbahaya dan merugikan masyarakat. Penelitian ini mencoba mengkonstruksi penggunaan “teori subsosialitas” yang sangat berperan dalam ide pengunaan hukum pidana sebagai sarana penanggulangan kejahatan dalam Undang-Undang Nomor 5 Tahun 2011. Hasil  yang dapat disimpulkan adalah ide dasar penggunaan hukum pidana dalam Pasal 55 dan 56 Undang-Undang Nomor 5 Tahun 2011 didasarkan pada beberapa rasio legis, yaitu: (1)Secara filosofis merupakan upaya perlindungan terhadap masyarakat sekaligus perlindungan profesi; (2)Memberikan kepastian hukum kepada akuntan publik dan penegak hukum; (3)Transparansi dan profesionalitas dalam pembuatan audit laporan keuangan; (4)Memberikan efek jera; (5)Kepanikan moral. Kontruksi terhadap ide yang disandarkan kepada konsep subsosialitas dan kekhawatiran akan berbahaya perbuatan akuntan publik terhadap kepentingan masyarakat diwujudkan dengan memberikan model kriminalisasi yang diharapkan memberikan keseimbangan dalam formulasi kebijakan penal, yaitu dengan menggunakan model pendekatan keseimbangan dan asas hukum (pidana).Kata kunci: kriminalisasi, subsosialitas
ASET SEBAGAI SUBJEK HUKUM DALAM UPAYA PENGEMBALIAN KERUGIAN KEUANGAN NEGARA PADA TINDAK PIDANA KORUPSI Achmad Rilyadi Sholeh; Setiawan Noerdajasakti
International Journal Of Humanities Education and Social Sciences (IJHESS) Vol 3 No 6 (2024): IJHESS JUNE 2024
Publisher : CV. AFDIFAL MAJU BERKAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55227/ijhess.v3i6.1007

Abstract

Corruption is a problem that results in high financial and economic losses in Indonesia. UNCAC has launched recommendations for countries to make arrangements regarding Non-Conviction Based asset Forfeiture (NCB) since 2003 which aims to recover maximum state financial losses. This is based on the fact that the state losses recovered are not proportional to the state financial losses incurred due to corruption crimes. The research used is normative juridical with a statutory approach, conceptual approach, and comparison with other countries. The conception of assets as legal subjects in the NCB is based on the theory of legal fiction where assets in their position as legal subjects make them seem "guilty" when the way of use or the process of obtaining them is against the law. Assets in this case are considered to be able to perform a legal act that can be accounted for as happened in several cases in the United States, the Philippines, Thailand, not to mention Indonesia. Thus, because it focuses on the "fault" of the object, asset forfeiture can still be carried out even though the object or asset has changed hands. Legislation in Indonesia has actually adopted the concept of NCB, but it does not fulfill the basic essence of the concept where the goal is to recover state losses arising from corruption maximally and quickly. Therefore, laws governing asset forfeiture must be made specifically to accommodate this, one of which is through the bill on asset forfeiture.
Prospects for the Application of Unexplained Wealth Order in the Forfeiture of Assets Proceeds of Corruption in Indonesia hakim, Ikhwanulhakim; Setiawan Noerdajasakti; Yuliati Yuliati
International Journal Of Humanities Education and Social Sciences (IJHESS) Vol 4 No 2 (2024): IJHESS OCTOBER 2024
Publisher : CV. AFDIFAL MAJU BERKAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55227/ijhess.v4i2.1090

Abstract

This research focuses on discussing two things, namely (1) how the legal politics of regulating asset forfeiture for corruption crimes in Indonesia and (2) what are the prospects for applying the unexplained wealth order in asset forfeiture for corruption crimes in Indonesia. in this study it was found that: first, the legal politics of asset forfeiture for corruption crimes in Indonesia is still mainly oriented towards the process of asset forfeiture based on conviction, asset forfeiture can only be carried out if there is a judge's decision that is legally binding. However, if in the course of a criminal case there are difficulties in proof, the defendant dies in the judicial process, and after a court decision with permanent legal force it is known that there are assets or assets owned by the perpetrator that are the proceeds of crime, a civil lawsuit can be filed. however, it is different from the concept of unexplained wealth contained in the Criminal Asset Forfeiture Bill which has a broader dimension of civil filing.  And the filing of a civil lawsuit is not an alternative to the criminal justice process. Asset forfeiture lawsuits through the criminal process can be filed before, during and after criminal judgements, in order to avoid obfuscation and the disappearance and conversion of assets resulting from corruption crimes. Secondly, the prospect of implementing unexplained wealth in Indonesia has existed through the establishment and drafting of the Criminal Asset Forfeiture Bill. However, this bill is not equipped with the obligation to reverse the burden of proof, which is identical to the proof of ownership of assets contained in the Anti-Corruption Law. In the future, it is necessary to equalise the reversal of the burden of proof that should be carried out by the owner of the asset to facilitate the proof process and assist the legal apparatus.
THE URGENCY OF CRIMINALIZING SURROGATE MOTHER PRACTICES REVIEWED FROM INDONESIAN CRIMINAL LAW Simamora, Putri Carera Santi Romauli; Prija Djatmika; Setiawan Noerdajasakti
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.v5i3.2868

Abstract

The advancement of science goes hand in hand with the development of increasingly varied community needs, requiring the law to continue to be dynamic in order to keep pace with these developments. So that with the advancement of technology and the development of science in the health sector, it is hoped that it can help support the welfare and health of mankind. But in this case, the question arises whether Indonesian law has accommodated technological advances in the health sector, especially in terms of the implementation of surrogate mothers. In Indonesia, the regulation regarding the inability of surrogate mothers is still not explicitly regulated in the law so that it still seems vague, both in terms of its regulation and in terms of its sanctions. Using a normative legal research method, this study analyzes whether according to Indonesian positive law, the practice of surrogate mother can be criminalized.
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.
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.
REFORMULATION OF INDONESIA'S RESTORATIVE JUSTICE FRAMEWORK UNDER SUPREME COURT REGULATION NO. 1 OF 2024 Muhammad Hanif Ramadhan; Setiawan Noerdajasakti; Faizin Sulistio
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 6 (2025): November
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i6.4187

Abstract

The Indonesian criminal justice system is undergoing a paradigm shift from a retributive to a restorative approach, solidified by the enactment of Supreme Court Regulation Number 1 of 2024 concerning Guidelines for Adjudicating Criminal Cases Based on Restorative Justice. This regulation aims to provide a standardized framework for judges. However, its practical implementation reveals a tension between formal legal certainty and the pursuit of substantive justice. This research conducts a normative legal analysis to evaluate the adequacy of the conditions and mechanisms within the Supreme Court Regulation as a guide for judges. The study employs statute, conceptual, and case approaches, analyzing primary and secondary legal materials. The findings indicate that the rigid requirements stipulated in the regulation, such as the limit on criminal threats, along with ambiguities in exclusionary clauses like recidivism, are insufficient and often hinder the achievement of substantive recovery. Furthermore, the absence of explicit procedural mechanisms for penal mediation forces judges to rely on discretionary activism. This journal argues for a reformulated regulation that is more flexible and principle-based, proposing the inclusion of a discretionary gateway for judges, harmonizing recidivism rules with the new National Criminal Code, and institutionalizing penal mediation procedures to ensure the restorative process is substantive and consistent.
THE PROBLEM OF MAXIMUM IMPRISONMENT TERMS FOR JUVENILES UNDER THE JUVENILE CRIMINAL JUSTICE SYSTEM ACT: A CASE ANALYSIS OF CONCURRENCE OF OFFENSES Negoro, Bodro Aji; Setiawan Noerdajasakti; Madjid, Abdul
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 6 (2025): November
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i6.4183

Abstract

The maximum imprisonment term of ten years for juveniles under Law Number 11 of 2012 on the Juvenile Criminal Justice System (UU SPPA) presents a serious dilemma when applied to cases with aggravating circumstances, such as recidivism or concurrence of offenses. Judicial practice has shown deviations from this provision, one of which is reflected in the Penajam District Court Decision Number X/Pid.Sus-Anak/2024/PN Pnj, which sentenced a juvenile offender to twenty years of imprisonment for premeditated murder and aggravated theft, where trial findings also revealed postmortem sexual assault on the victim’s body. This decision sparked normative debates on whether the judge had exceeded the statutory maximum penalty for juveniles as stipulated by law, or instead fulfilled the demand for substantive justice. The complexity of this issue becomes more pronounced in the context of globalization, where today’s juveniles experience accelerated cognitive and emotional maturity due to extensive exposure to technology and global interaction—conditions that differ significantly from those in 1989, when the Convention on the Rights of the Child set the maximum age limit for juveniles at eighteen years. Employing a normative-juridical method through statutory and case study approaches, this research analyzes the normative conflict between the UU SPPA and judicial practice, and identifies a legal vacuum that requires legislative reconstruction, particularly in formulating clearer sentencing guidelines for juveniles in cases involving aggravating circumstances.
The Weak Role of Prosecutors in Designating Justice Collaborators in Indonesia Nugraha Ardi Setiawan; Setiawan Noerdajasakti; Faizin Sulistio
International Journal of Islamic Education, Research and Multiculturalism (IJIERM) Vol 5 No 3 (2023)
Publisher : The Islamic Education and Multiculturalism Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/ijierm.v5i3.285

Abstract

Crime is a phenomenon that has infiltrated into communal life. One type of crime resulting from this development is criminal activities carried out in collusion or groups, meticulously planned, and referred to as organized crime. This type of crime can be categorized as an extraordinary or extraordinary crime because it is considered more extreme than ordinary crimes. In organized crime, perpetrators form a group that employs various detailed and synchronized methods to obtain money, power, or other objectives. Examples of organized crime include corrupt groups, robbery conspiracies, and even groups of murderers. This should prompt law enforcement agencies to undertake new efforts to address and combat this type of crime, and one of the means employed can be through the Criminal Justice System network.
Co-Authors Abdul Madjid Abdul Madjid Achmad Rilyadi Sholeh Budimansyah David Mangaraja Lumban Batu Faizin Sulistio Geraldo Gracelo Mario Situmeang hakim, Ikhwanulhakim Herman Suryokumoro Jessyca Fatmawaty Hutagalung Joko Cahyono Muhammad Hanif Ramadhan Negoro, Bodro Aji Nugraha Ardi Setiawan Nurini Aprilianda Prija Djatmika Rachmad Safa’at Simamora, Putri Carera Santi Romauli Yuliati Yuliati