Ardi Ferdian
Fakultas Hukum Universitas Brawijaya

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

HARMONISASI PENGATURAN TINDAK PIDANA KHUSUS YANG OBJEKNYA TULISAN DAN BERITA YANG ISINYA PALSU Ferdian, Ardi
Jurnal Panorama Hukum Vol 1 No 1 (2016): Juni
Publisher : Fakultas Hukum Universitas PGRI Kanjuruhan Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (458.056 KB) | DOI: 10.21067/jph.v1i1.1163

Abstract

Harmonization of Legislation is a process that is geared towards harmony between the Act by Act other so that there is no overlap, inconsistencies, conflicts or disputes in the regulation. In Act 10 of 2004 on the Establishment of legislation there are signs which point to the importance of harmonization Legislation regulation. Article 5 of Law No.10 of 2004 on the Establishment of legislation determine rugulation Legislation is considered good if it fulfills the principle of legislation that either include clarity of purpose, the correspondence between the type and substance, can be implemented, usefulness, and clarity of the formulation. Special Crimes About Writing And News The contents Counterfeit actions are criminal acts, deliver news and use writing false contents. In this criminal act contains elements of the writing or the news to false, although the object of criminal acts themselves are not always about writing or false news. The author found some law governing the Special Crimes About Writing And News All contents are false, namely Article 57 jo 36 paragraph (5) letter a Law No.32 of 2002 on Broadcasting, Article 28 of Law No.11 of 2008 on ITE, Article 86 of Law No.23 of 2002 on the Protection of the Child, Article 19 of Law No.21 of 2007 on the Eradication of Trafficking, Article 69 and Article 70 of Law No.20 of 2003 on National Education System, Article 55 of Law No.14 of 2008 concerning Public, and that the last of Article 9, Article 22, and Article 23 of Law No.31 of 1999 on Corruption Eradication was changed by Act No.20 of 2001.
Re-conceptualizing Child Victim Rights: A Normative and Comparative Analysis of Victim Impact Statement in Indonesia’s Juvenile Justice System Aprilianda, Nurini; Maharani, Febrianika; A. Kadir, Nadhilah; Ferdian, Ardi; Solehuddin, Solehuddin
Jambura Law Review VOLUME 7 NO. 2 JULY 2025
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jlr.v7i2.30132

Abstract

In Indonesia, the participation of child victims in criminal proceedings remains highly constrained. Courtroom questioning still centers on extracting material facts, while the psychological, emotional, and developmental harm inflicted by crime receives scant judicial attention. This article analyzes whether embedding Victim Impact Statements (VIS) in juvenile proceedings could correct that imbalance. Using a normative‑juridical methodology that combines statutory interpretation, doctrinal analysis, and comparative research, the study reviews VIS implementation in the United States, Canada, England and Wales, and South Africa, and tests its coherence with Indonesia’s Law No. 11 of 2012 on the Juvenile Criminal Justice System (JCJS Law). The comparative findings demonstrate that VIS offer a structured, low‑cost channel for children and their guardians to describe the multidimensional fallout of crime, thereby enriching judges’ sentencing rationales and promoting restorative outcomes. Evaluations in those jurisdictions also show that VIS boost victim satisfaction and enhance perceived legitimacy of the courts. To harness these benefits, the paper proposes amending the JCJS Law to require judges to solicit and consider VIS in every juvenile case involving a child victim. Procedural safeguards-mandatory psychological assistance, child‑friendly language,  closed‑court delivery options, and trauma‑informed questioning are recommended to prevent secondary victimization.Codifying these protections would close a normative gap, align national law with both the U.N. Convention on the Rights of the Child and Sustainable Development Goal 16 on justice, and support Indonesia’s broader commitment to child‑centered jurisprudence. Ultimately, institutionalizing VIS can transform victims from passive evidence providers into active rights holders whose voices shape fair, balanced, and developmentally sensitive judicial decisions.