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All Journal Publikasi Pendidikan FIAT JUSTISIA: Jurnal Ilmu Hukum PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Journal of Indonesian Legal Studies Hasanuddin Law Review Jurnal Bina Mulia Hukum Jambe Law Journal Jurnal Sains Sosio Humaniora WAJAH HUKUM Journal of Law Science Pena Justisia: Media Komunikasi dan Kajian Hukum ARBITER: Jurnal Ilmiah Magister Hukum Jurnal Supremasi Mendapo: Journal of Administrative Law PAMPAS: Journal of Criminal Law Jurnal Alwatzikhoebillah : Kajian Islam, Pendidikan, Ekonomi, Humaniora RIO LAW JURNAL Bengkoelen Justice : Jurnal Ilmu Hukum Joong-Ki : Jurnal Pengabdian Masyarakat JUSTICIA SAINS: Jurnal Ilmu Hukum Jurnal Hukum dan Peradilan Jurnal Karya Abdi Masyarakat Indonesian Journal of Advanced Research (IJAR) Journal of Law, Education and Business Probono and Community Service Journal AL-SULTHANIYAH Jurnal As-Syar’i: Jurnal Bimbingan & Konseling Keluarga Joong-Ki Ipso Jure Journal of Accounting Law Communication and Technology Journal of Citizen Research and Development Joong-Ki Ipso Jure
Hafrida
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Religion Agriculture, Biological Sciences & Forestry Arts Humanities Biochemistry, Genetics & Molecular Biology Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Medicine & Pharmacology Public Health Social Sciences

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Pertanggungjawaban Pidana terhadap Tindakan Aparat dalam Penanganan Unjuk Rasa Berdasarkan Konsep Command Responsibility di Indonesia Permatasari, Era; Hafrida; Erwin
Jurnal Alwatzikhoebillah : Kajian Islam, Pendidikan, Ekonomi, Humaniora Vol. 12 No. 2 (2026): Jurnal Alwatzikhoebillah : Kajian Islam, Pendidikan, Ekonomi, Humaniora
Publisher : Institut Agama Islam Sultan Muhammad Syafiuddin Sambas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37567/alwatzikhoebillah.v12i2.5121

Abstract

This study aims to analyze the criminal liability of law enforcement officers in handling public demonstrations based on the concept of command responsibility in Indonesia. Public demonstrations are constitutional rights guaranteed by laws and regulations. However, in practice, there are still actions by law enforcement officers that potentially violate the law and human rights during the security and dispersal of demonstrations. The main issue of this research is how criminal liability is regulated and how the concept of command responsibility can be applied to superiors who knew or should have known about violations committed by their subordinates. This research employs a normative legal research method using statutory and conceptual approaches. The findings indicate that criminal liability may be imposed not only on direct perpetrators but also on commanding officers who had authority and control, provided that they knew or should have known about the violations and failed to take necessary measures to prevent or punish such acts. Therefore, the concept of command responsibility serves as an important mechanism for ensuring accountability among law enforcement officers and protecting human rights in the handling of public demonstrations in Indonesia.
Pertanggungjawaban Pidana Terhadap Pelaku Tindak Pidana Penyebaran Penghasutan Di Media Sosial Menurut Peraturan Perundang undangan Di Indonesia Simbolon, John Freddy; Hafrida; Liyus, Herry
Jurnal Alwatzikhoebillah : Kajian Islam, Pendidikan, Ekonomi, Humaniora Vol. 12 No. 2 (2026): Jurnal Alwatzikhoebillah : Kajian Islam, Pendidikan, Ekonomi, Humaniora
Publisher : Institut Agama Islam Sultan Muhammad Syafiuddin Sambas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37567/alwatzikhoebillah.v12i2.5150

Abstract

The development of information and communication technology, particularly social media, has significantly influenced patterns of social interaction, including the emergence of various forms of crime, one of which is the dissemination of incitement. This type of crime has the potential to disrupt public order and trigger social conflict if not properly addressed through adequate legal instruments. This study aims to analyze the regulation of criminal liability for perpetrators of incitement dissemination on social media under Indonesian laws and to examine future criminal law policies related to such liability. This research employs a normative legal method with statutory and conceptual approaches. The results indicate that regulations concerning criminal liability for the dissemination of incitement on social media are governed by several laws, including the Indonesian Criminal Code (KUHP) and the Law on Electronic Information and Transactions (ITE Law). However, there are still weaknesses in the application and interpretation of legal norms, particularly regarding the limits of incitement and the element of fault. Furthermore, future criminal law policies should be directed toward legal reforms that are more adaptive to technological developments, clarify the formulation of offenses, and balance law enforcement with the protection of freedom of expression. Thus, criminal liability for perpetrators of incitement dissemination on social media is expected to be implemented effectively, fairly, and with legal certainty.
Perlindungan Hukum Nasabah Perbankan dalam Perspektif Hukum Pidana di Indonesia Sacra Resti Wulandari; Hafrida Hafrida; Erwin Erwin
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 8 No. 1 (2026): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Institut Agama Islam Nasional Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/as.v8i1.11720

Abstract

Legal protection for banking customers from a criminal law perspective has become a crucial issue in line with the increasing complexity of banking crimes, particularly those involving information technology. This study aims to analyze the current criminal law policy on the legal protection of banking customers in Indonesia (ius constitutum) and to formulate future policy directions (ius constituendum). The research employs a normative legal method using statutory, conceptual, case, and comparative approaches. Legal materials are analyzed through interpretation, evaluation, and assessment of various regulations, including Law Number 10 of 1998 concerning Banking, Law Number 8 of 1999 concerning Consumer Protection, the Law on Electronic Information and Transactions, as well as several regulations issued by the Financial Services Authority and Bank Indonesia. The results indicate that, normatively, Indonesia has established a relatively comprehensive legal framework to provide protection for banking customers through both preventive and repressive mechanisms. Preventive protection is implemented through supervision, the prudential principle, and the deposit insurance system, while repressive protection is carried out through criminal sanctions, civil claims, and dispute resolution mechanisms. However, the implementation of such protection still faces several challenges, including weak inter-agency coordination, the complexity of proving cybercrimes, and the unequal bargaining position between banks and customers. Therefore, criminal law reform oriented toward policy and value-based approaches is necessary, including regulatory strengthening, enhancement of law enforcement capacity, harmonization of regulations, and the application of a more progressive liability principle for banks. Through this integrative approach, criminal law protection for banking customers is expected to become more effective, adaptive, and just.
LEGAL PROTECTION OF VICTIMS OF COMMERCIAL SEXUAL EXPLOITATION OF CHILDREN THROUGH SOCIAL MEDIA Samuel Libeltus Tamba; Hafrida; Herry Liyus
Bengkoelen Justice : Jurnal Ilmu Hukum Vol. 14 No. 2 (2024): November 2024
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jbengkoelenjust.v14i2.33829

Abstract

The crime of Commercial Sexual Exploitation of Children (ESKA) is increasingly rife with the existence of social media as a means of transaction and promotion of children who are victims. However, there is currently a vacuum in regulations that specifically regulate legal protection of the rights of children victims of these crimes. This study aims to describe the applicable rules in protecting children victims of CSEC through social media and how legal policies will be in the future in handling these crimes. The research method used is normative juridical research. From the results of the study, it was found that there is more than one legal regulation that is currently used to protect child victims of commercial sexual exploitation crimes through social media, namely the Child Protection Law, the Pornography Law, the Electronic Information and Transactions Law and the Sexual Violence Criminal Law. Some of the obstacles in protecting CSEC victims include: 1) legal substance factors (overlapping laws and regulations that specifically regulate CSEC crimes through social media), 2) legal structure factors (there is no legal umbrella for investigators and public prosecutors to be able to quickly break the chain of dissemination of cases of commercial sexual exploitation of children on social media; 3) legal cultural factors (public awareness, lack of parental monitoring, and lack of sexual education in children). The suggestions for future legal policies include: 1) Revising the Child Protection Law and the ITE Law; 2) strengthen the authority of the Prosecutor's Office and the Police as investigators and public prosecutors to remove social media content containing commercial sexual exploitation of children from the investigation and prosecution stages; 3) Create a child-friendly complaint and reporting center that is easily accessible to child victims of sexual exploitation crimes.  Keywords: commercial sexual exploitation of children; social media; legal protection.
The Urgency of Criminal Law Politics in Returning State Finances in Village Fund Corruption Cases: Between Effectiveness and Legal Benefit Budi Utomo; Hafrida; Sahuri Lasmadi
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6320

Abstract

Corruption of village funds is a serious threat to village development and community welfare. The politics of criminal law plays a strategic role in formulating law enforcement policies that do not only emphasize the punishment of perpetrators, but also prioritize the recovery of state financial losses. This study aims to examine the direction and form of ideal criminal law politics in handling cases of corruption of village funds, as well as to identify obstacles in its application. The method used is normative legal research with statutory, conceptual, and comparative approaches. The results show that criminal law policy in Indonesia is still oriented towards a repressive approach and has not given priority to the mechanism of state asset recovery. The main obstacles include weak coordination between law enforcement agencies, overlapping regulations, the lack of capacity of village officials and law enforcers, and the suboptimal application of restorative approaches and asset recovery. In addition, the punishment system that has not harmonized the deterrent effect and the recovery of state finances exacerbates the inefficiency of law enforcement. The conclusion of this research confirms the importance of reformulating the politics of criminal law based on the principles of substantive justice and legal expediency, through regulatory harmonization, strengthening institutional capacity, and integrating restorative approaches to encourage the effectiveness of state financial recovery due to corruption in the village.
Cessation Of Prosecution Agreements in Corruption Cases: Does Legal Expediency Threaten the Sustainability of a Fair Legal System? Yan Patmos; Hafrida; Sahuri Lasmadi
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6324

Abstract

The application of a prosecution termination agreement in corruption cases is a response to the need for efficiency and expediency in modern criminal law enforcement. Instruments such as the Non-Prosecution Agreement (NPA) and Deferred Prosecution Agreement (DPA) are considered capable of accelerating the recovery of state losses, reducing the burden of cases in court, and encouraging cooperation between perpetrators in disclosing broader crimes. This research aims to analyze the position and application of prosecution termination agreements in the Indonesian criminal law system, as well as evaluate their impact on the principles of justice and the sustainability of the legal system. The research method used is normative juridical with statutory and conceptual approaches. The results show that although the expediency approach offers various practical advantages, its application in corruption cases raises serious concerns about substantive justice, legal accountability and legal certainty. The absence of clear normative arrangements opens the door to abuse of authority, legal discrimination, and weakening the legitimacy of the criminal justice system. Therefore, strict regulations and strong supervisory mechanisms are needed so that expediency is not used as an excuse to compromise the basic principles of a state of law with justice and integrity. This study concludes that the application of a cessation of prosecution agreement can only be justified if it is implemented within a legal framework that guarantees a balance between efficiency and justice.
Corruption Punishment in the Spotlight of Public Ethics and Human Rights: Finding the Balance between Retribution and Humanity Moh. Hasyim Asy’ari; Hafrida; Sahuri Lasmadi
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6350

Abstract

The punishment of corruption offenders in Indonesia has become a multidimensional issue that not only touches on legal aspects, but also concerns public ethics and human rights (HAM). The public demands severe punishment as a form of retributive justice and deterrent effect against perpetrators of corruption, while at the same time the state is obliged to maintain the principle of respect for human dignity, even for the defendant. This research aims to examine the practice of punishing corruptors in the frame of public ethics and human rights, and analyze the tension between retributive demands and humanitarian principles. The method used is a normative juridical approach using secondary data in the form of legislation, legal doctrine, and international conventions such as the ICCPR and UNCAC. This research examines the extent to which the practice of punishing corruption in Indonesia is consistent with the principles of proportionality, non-discrimination, and human dignity. The results show that the Indonesian punishment system is still dominated by a strong retributive approach, but is not yet fully aligned with humanitarian values and international human rights standards. The practice of punishment is often trapped in emotional public pressure, which risks ignoring the principle of due process of law and the protection of the basic rights of the defendant. The conclusion of this research is the need to formulate a more balanced and equitable model of punishment for corruptors, by integrating the values of public ethics, retributive justice, and the protection of human rights
Co-Authors Adam Hazariga Adinda Farah Anisya Adrienne Dwi Syahfiradella Aga Anum Payudhi Aga Hanum Praydhi Ahmad Ridha Andi Najemi Andreas Agung Angga Aldilla Gussman Ansorullah Ansorullah Atta Syach Ubaidila Azrina, Nikmatul bt Ab. Kadir, Noor Aida Budi Utomo Bustanuddin . Daulay, Nisrina Ramadhani Dessy Rakhmawati Dheny Wahyudi Dimas Pangestu Dimas Prayoga Eko Saputra S Lumban Gaol Elisabeth Siregar, Elisabeth Elizabeth Siregar Elly Sudarti Erwin Erwin Erwin Erwin Erwin Erwin Erwin Ferdian, Tomy Fransisco, Wawan Gussman, Angga Aldilla Hartati Hartati Haryadi - Haryadi Haryadi Helmi Helmi Helmi Rizal Herlambang, M. Ricky Putra Herry Liyus Hidayat, Faisal Hutauruk, Jasa Alex Parlinggoman Ivan Fauzani Raharja Liyus, Herry Lukas Permadi Orlando Beremanda M Wahyu Armailiansyah Bakhtiar Maharani, Puan Mahendra, Bovin Tri Maryati Maryati Matondang, Cristien Meli Indah Sari Moch. Reza Restu Prihatmaja Moh. Hasyim Asy’ari Mohamad Rafiq Mohamad Rapik Muhammad Zhafran Rahman Munandar, Tri Imam Nelli Herlina Nelli Herlina Nys. Arfa Pebrianto, Dony Yusra Permatasari, Bunga Permatasari, Era Powa, Tamara Adriani Putra, Naufal Ibnu Ghazy Rakhmawati, Dessy Rakhmawaty, Dessy Retno Kusniati Retno Kusniati Reza Saputra, Fahreyz Rikmadani, Yudi Anton Rizky Amalia Rizky Sharfina Qothrunnada Lubis Rosmidah Rosmidah Sabri, Ahmad Zaharuddin Sani Ahmad Sacra Resti Wulandari Sahuri Lasmadi Samuel Libeltus Tamba SAPUTRA, BENY Sasmiar Sasmiar Shafira, Pinkan Tania Simbolon, John Freddy SRI RAHAYU Sri Rahayu Sudarti . Sulistiani Sulistiani Sutoto, Sukamto Usman Usman Usman Usman Ussi Astika Anggraeni Utary, Sisi Delica Vuzio Fernanda Wahyuning Robbi, Suci Yan Patmos Yulia Monita Zulham Adamy