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All Journal JURNAL HUKUM Jurnal Hukum Khaira Ummah International Journal of Law Reconstruction Jurnal Ilmiah Hukum LEGALITY Media Iuris Khazanah Hukum Law Development Journal Proceedings Series on Social Sciences & Humanities Volksgeist: Jurnal Ilmu Hukum dan Konstitusi International Journal of Law Society Services Innovative: Journal Of Social Science Research Jurnal Ilmiah Sultan Agung SASI TABELLIUS
Andri Winjaya Laksana, Andri Winjaya
Fakultas Hukum Universitas Islam Sultan Agung
Religion Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Economics, Econometrics & Finance Electrical & Electronics Engineering Environmental Science Law, Crime, Criminology & Criminal Justice Nursing Public Health Social Sciences Other

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Legal Analysis of Criminal Responsibility for Perpetrators of Hate Speech Through Electronic Media Within a Justice-Based Positive Legal Framework Silaban, Roynaldo; Laksana, Andri Winjaya
Jurnal Hukum Khaira Ummah Vol 20, No 4 (2025): December 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i4.49508

Abstract

This study aims to comprehensively identify and analyze the criminal liability of perpetrators of hate speech through electronic media from a justice-based positive legal perspective. The spread of hate speech through electronic media not only disrupts public order but can also degrade human dignity and deepen social fragmentation. This study was conducted to examine the basis for criminal liability for perpetrators of hate speech from the perspective of Indonesian positive law, while also evaluating the extent to which its implementation reflects the principle of justice for all parties, including perpetrators, victims, and the community. Thus, this study seeks to provide a more proportional understanding of the relationship between freedom of expression and the protection of fundamental social values. This study uses a normative juridical method by adopting a statutory, conceptual, and case study approach. The analysis focuses on provisions in the Electronic Information and Transactions Law (UU ITE), the Criminal Code (KUHP), and several other relevant regulations. This approach is strengthened by a review of legal doctrine and theories of justice to explore the philosophical foundations and objectives of criminal punishment in the context of hate speech. Thus, this study not only examines norms as texts, but also considers ethical values, the principle of proportionality, and aspects of human rights protection, which are integral parts of the legal system. The results explain and demonstrate that the basis for criminal liability for perpetrators of hate speech via electronic media is formally regulated within Indonesia's positive legal framework. However, its implementation has not been fully effective in delivering substantive justice. This is due to several obstacles, including unclear norms, overlapping regulations, and the potential for misuse of articles by law enforcement officials. Furthermore, the application of the law often fails to consider the social context, the perpetrator's motives, and the real impact on the victim. Therefore, regulatory harmonization, more proportional application of the law, and an approach that favors substantive justice are needed so that the handling of hate speech can truly protect the public interest without neglecting the constitutional right to freedom of expression.
PERAN KEPOLISIAN DALAM MENANGGULANGI AKSI DEMONSTRASI ANARKIS (Studi Kasus Kepolisian Resor Kota Besar Semarang) Alfateo, Alvin Deo; Laksana, Andri Winjaya
Jurnal Ilmiah Penelitian Mahasiswa Vol 4, No 4 (2025): DESEMBER 2025
Publisher : Jurnal Ilmiah Sultan Agung

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Abstract

Di Semarang, aksi demonstrasi sempat berubah menjadi anarkis akibat meningkatnya emosi massa dan lemahnya pengendalian situasi di lapangan. Dalam kondisi demikian, peran Kepolisian memiliki arti penting untuk menyeimbangkan antara pelindungan hak warga negara dalam menyuarakan aspirasi dan kewajiban menjaga ketertiban serta keamanan bersama. Tujuan dari penelitian ini adalah untuk mengetahui peran Kepolisian Resor Kota Besar Semarang dalam menanggulangi aksi demonstrasi anarkis. Mengetahui hambatan yang dihadapi oleh Kepolisian Resor Kota Besar Semarang dalam melaksanakan perannya untuk menanggulangi aksi demonstrasi anarkis dan solusinya.Metode pendekatan yang dipakai dalam penelitian ini adalah pendekatan yuridis empiris. Spesifikasi dalam penelitian ini menggunakan metode deskriptif analisis. Data yang digunakan dalam penelitian ini dikelompokkan menjadi data primer dan data sekunder.Hasil penelitian ini, (1) Polrestabes Semarang berperan menjaga keamanan dan ketertiban dalam aksi unjuk rasa melalui langkah pre-emtif, preventif, dan represif yang dijalankan secara profesional oleh Sat Intelkam dan Sat Sabhara sesuai prosedur hukum. Dalam kondisi darurat, kepolisian mengambil tindakan tegas yang terukur untuk mengendalikan situasi dan melindungi masyarakat, disertai evaluasi pasca-aksi guna memperkuat koordinasi serta mencegah terulangnya kerusuhan. (2) Polrestabes Semarang menghadapi hambatan internal seperti keterbatasan personel, perlengkapan, dan pelatihan, serta tekanan politik, sementara hambatan eksternal meliputi provokasi pihak luar, rendahnya kesadaran hukum masyarakat, dan lemahnya koordinasi antarinstansi. Untuk mengatasinya, diterapkan langkah strategis berupa penguatan sumber daya, peningkatan kompetensi anggota, netralitas kelembagaan, pemantauan intelijen, literasi hukum publik, serta koordinasi lintas lembaga agar pengamanan demonstrasi berlangsung profesional dan tetap menghormati kebebasan berpendapat. Kata Kunci: Aksi Demonstrasi; Anarkis; Peran Kepolisian
The Effectiveness of the Police's Role in Enforcing the Law Against Justice-Based Online Gambling Networks (A Case Study of the West Java Regional Police Cyber Directorate) Iman, Muhammad Khoirul; Laksana, Andri Winjaya
Jurnal Hukum Khaira Ummah Vol 20, No 4 (2025): December 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i4.51031

Abstract

Abstract. The rampant phenomenon of online gambling poses a serious challenge to law enforcement in Indonesia. Advances in digital technology are exploited by perpetrators to operate across borders with ever-evolving methods, demanding adaptation from law enforcement agencies. This study aims to: (1) Describe the role of the police in law enforcement against online gambling networks; (2) Analyze the weaknesses of this police role; and (3) Determine the level of effectiveness of justice-based law enforcement, with a case study on the Cyber Directorate of the West Java Regional Police. This research uses a socio-legal research method with a qualitative approach. Primary data was collected through interviews and observation at the Cyber Directorate of the West Java Regional Police, while secondary data was sourced from primary, secondary, and tertiary legal materials. Data analysis was conducted descriptively-qualitatively to understand the gap between law in books and law in action. The results indicate that the Police's role includes preventive efforts (site blocking, outreach) and repressive efforts (investigation, arrests). However, its effectiveness still faces significant weaknesses, such as a less adaptive legal framework, limitations in human resources and digital forensic technology, and the complexity of evidence gathering. It is concluded that effective and just law enforcement requires a holistic strategy that not only relies on a repressive approach but also strengthens preventive-educative aspects, inter-agency coordination, enhanced investigative capacity, and active community participation.
The Effectiveness of the Implementation of Termination of Prosecution in Criminal Cases of Assault Based on Restorative Justice (Case Study of the Kapuas Hulu District Attorney's Office) Simarmata, Rustam Efendi P; Laksana, Andri Winjaya
Jurnal Hukum Khaira Ummah Vol 20, No 4 (2025): December 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i4.51064

Abstract

Abstract. This research is motivated by the increasing use of restorative justice mechanisms in resolving criminal acts of assault as a form of reforming the criminal justice system oriented towards more humanistic, participatory justice and social restoration. The Kapuas Hulu District Attorney's Office is one of the law enforcement institutions that implements the termination of prosecution based on restorative justice in accordance with the Republic of Indonesia Attorney General's Regulation Number 15 of 2020. This study aims to determine the implementation of the termination of prosecution in assault cases based on restorative justice, analyze weaknesses in its implementation, and assess its current effectiveness and potential effectiveness in the future. The research method used is normative juridical with a socio-legal approach (socio-legal research/studies) needed to address issues of social injustice. Data sources consist of primary, secondary, and tertiary legal materials which are analyzed qualitatively to produce a comprehensive picture of the implementation of the policy of termination of prosecution based on restorative justice. The results of the study indicate that the implementation of restorative justice in the Kapuas Hulu District Attorney's Office has quite high effectiveness, evidenced by the acceleration of case resolution, recovery of victim losses, and the creation of harmonious social relations after the case. However, various weaknesses remain, such as limited mediator capacity, a lack of public understanding of restorative justice, potential social pressure on victims to reconcile, and suboptimal oversight of the implementation of peace agreements. This research emphasizes the need to improve the quality of human resources, strengthen regulations, and optimize institutional support to ensure the implementation of restorative justice is more effective in the future.
Medicolegal Aspects of Nursing Practice in the Emergency Room of Bhayangkara Hospital, Semarang Yudhana, Syela Ambri; Laksana, Andri Winjaya
Jurnal Hukum Khaira Ummah Vol 20, No 4 (2025): December 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i4.51125

Abstract

Abstract. This study aims to analyze the implementation of medicolegal legal aspects in nursing practice at the Emergency Department (ED) of Bhayangkara Hospital Semarang, identify the constraints faced, and formulate efforts to improve understanding and implementation. This research uses empirical legal research methods with a sociological juridical approach and a case study design. Data were obtained through in-depth interviews with the Head of the ED, observation, and documentation studies, which were then analyzed using qualitative data analysis techniques from the Miles and Huberman model. The results show that the implementation of medicolegal aspects in the ED of Bhayangkara Hospital Semarang has generally been carried out in accordance with applicable professional standards and regulations, with nurses having carried out legal responsibilities (civil, criminal, administrative) as well as independent and collaborative authority based on Law No. 38 of 2014 concerning Nursing. However, several main constraints were found, namely: (1) the lack of patient family understanding of legal provisions in emergency situations; (2) misconceptions regarding the limits of nurses' authority; (3) documentation constraints in emergency conditions; (4) communication barriers with patient families; and (5) limited resources and regulatory complexity. Based on these findings, this study recommends a series of comprehensive improvement efforts, including continuous education for nurses, development of efficient documentation systems, improved communication with patient families, strengthening institutional support, and public education.
Effectiveness of Law Enforcement in Corruption Crime Investigations (Case Study of the Ternate Police Resort, North Maluku) Zanira, Naufal Fajar; Laksana, Andri Winjaya
Jurnal Hukum Khaira Ummah Vol 20, No 4 (2025): December 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i4.51034

Abstract

Abstract. The investigation of corruption cases is a crucial stage in law enforcement because it determines the quality of evidence and the continuation of the judicial process. At the Ternate Resort Police, efforts to combat corruption face various challenges, ranging from case complexity to limited resources. This study aims to evaluate the effectiveness of law enforcement in the investigation of corruption crimes at the Ternate Resort Police and to identify the obstacles affecting investigator performance, thereby formulating strategies to enhance accountability and professionalism in the investigation process. This research employs an empirical legal method with a qualitative approach. Data were obtained through literature review, examination of official investigative documents, in-depth interviews with investigators, and direct observation of ongoing case handling. The analysis was conducted descriptively and analytically by referring to Lawrence M. Friedman’s legal system theory and Soerjono Soekanto’s factors of legal effectiveness, enabling a comprehensive assessment of the interplay among legal substance, legal structure, and legal culture in the practice of corruption investigations. The findings show that corruption investigations at the Ternate Resort Police generally adhere to procedural requirements, and several cases have successfully reached the P21 stage. However, law enforcement effectiveness is not yet optimal due to limited personnel and investigator competence, inadequate investigative facilities, the complexity of document-based evidence, and coordination challenges among institutions. This study highlights the need for strengthening investigator capacity, improving investigative infrastructure, and developing more robust inter-agency coordination mechanisms as strategic measures to enhance the effectiveness of corruption case investigations in the region.
A Legal Analysis of the Handling of Theft Criminal Investigations and the Implementation of Restorative Justice in an Effort to Formulate an Ideal Justice System in Batam City Ul-Husna, Muhammad Brata; Laksana, Andri Winjaya
Jurnal Hukum Khaira Ummah Vol 20, No 4 (2025): December 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i4.51029

Abstract

Abstract. In the preamble to the 1945 Constitution, paragraph 4, it is emphasized that the national goal of the State of Indonesia is to protect all Indonesian people and all of Indonesia's homeland and to advance general welfare, to educate the nation's life and to participate in implementing world order based on independence, eternal peace and social justice. The implementation of the national goal in order to realize the noble ideals of the Indonesian nation towards a just and prosperous society based on Pancasila and the 1945 Constitution, is realized through the existence of a national development program. Indonesia is a state of law. The affirmation of Article 1 paragraph (1) of the 1945 Constitution is that the state guarantees every Indonesian citizen equal standing before the law. This is regulated in Article 27 Paragraph (1) of the 1945 Constitution which reads: "All citizens have equal standing before the law and government and are obliged to uphold the law and government without exception." In state activities, the law determines everything. The law is the commander. The law is a system of rules. What leads us is that system of rules, not individuals who happen to hold positions. Public office holders come and go dynamically, but the regulatory system is stable and relatively permanent. The statement that Indonesia is a State of Law also has the consequence that Indonesia applies law as an ideology to create order, security, justice, and welfare for its citizens, so that the law is binding on every action taken by its citizens. In every state of law, perpetrators of violations of legal norms are required to be accountable for their actions. Because legal norms are created to be obeyed, if violated, sanctions will be imposed. For example, the State of Indonesia firmly states that Indonesia is a State Based on Law and not based on mere power. From the above definition, it can be concluded that Indonesia is a state of law, where all behavior of its citizens must be guided by existing legal norms. Law functions to regulate relations between one person and another and between humans and the state, so that everything runs in an orderly manner. Therefore, the purpose of law is to achieve peace by realizing legal certainty and justice in society. Legal certainty requires the formulation of clear and firm rules in legislation.
Formulation of Hospital Legal Responsibility in Sexual Violence Cases Based on Legal Certainty Trisnadi, Setyo; Laksana, Andri Winjaya
Jurnal Hukum Khaira Ummah Vol 20, No 4 (2025): December 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i4.51073

Abstract

Abstract. Sexual violence in hospitals is a serious legal violation that can violate the human right to a sense of security. Hospitals, which should be places of healing and recovery for patients who come to their place, have instead become places where sexual violence occurs that threaten human dignity and violate the law. Research objectives: To identify and analyze the weaknesses of hospital legal accountability, the formulation of hospital legal accountability in cases of sexual violence based on Legal Certainty. This legal research method is a social legal research design with a legislative approach method, a case approach method, and a comparative approach method. The legislative approach method is an approach method that refers to current laws and regulations. The case approach method is by conducting a review of cases of sexual violence that occurred in hospitals. The comparative method is used to compare laws and regulations and decisions from hospital management. Research results: Hospitals are required to have anti-sexual violence SOPs, professional codes of ethics, reporting mechanisms, investigation mechanisms, mediation mechanisms, and settlement decisions. Establishment of patient and employee protection units. Legal proceedings against perpetrators and negligent parties. Medical, psychological, legal, and rehabilitation services. The hospital has moral and legal responsibility towards the individual victim.
Reformulation of Diversion Regulations as a Justice-Based Child Protection Effort Rachman, W. Erfandy Kurnia; Laksana, Andri Winjaya
Jurnal Hukum Khaira Ummah Vol 20, No 4 (2025): December 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i4.51126

Abstract

Abstract. The juvenile criminal justice system in Indonesia affirms the protection of children's rights through a restorative justice approach and the use of diversion mechanisms as regulated in the Juvenile Criminal Justice System Law (UU SPPA) and Supreme Court Regulation (PERMA) No. 4 of 2014. However, its implementation still faces obstacles due to the limitation that diversion may only be applied to offenses carrying a penalty of less than seven years. This restriction prevents child offenders involved in crimes with higher penalties (such as in the Ambon statutory rape case) from obtaining access to non-formal settlement mechanisms, thereby exposing them to psychological pressure, social stigma, and outcomes that contradict the principle of the best interests of the child and child protection standards under the Convention on the Rights of the Child. The purpose of this study is to identify and analyze the current diversion regulations as a child protection measure, to evaluate their weaknesses, and to formulate a justice-based reformulation of diversion regulations to strengthen child protection. The approach method used in the preparation of this thesis is Normative Legal Research. The specification of this study is descriptive-analytical. The theories employed include the Theory of Legal Protection, the Legal System Theory, and the Theory of Justice. The results of this study are as follows: (1) Diversion regulations provide a foundation for child protection through a restorative approach; however, limiting diversion based on the severity of the criminal penalty binds law enforcement officials to formal restrictions without allowing them to consider the child's circumstances comprehensively. This is evident in the Ambon case, where the offender was still subjected to formal judicial proceedings because the applicable sentence exceeded seven years, resulting in the failure to achieve educational, restorative, and stigma-prevention goals. (2) Although diversion regulations under the Juvenile Criminal Justice System Law (UU SPPA) are intended to protect children, they still contain weaknesses in terms of substance, structure, and legal culture, which hinder their optimal implementation. Rigid normative limitations, inadequate capacity and coordination among law enforcement officers, and a strong retributive mindset in society prevent the realization of restorative resolutions that align with children's developmental needs. (3) Reformulating diversion is necessary because the current normative restrictions—permitting diversion only for offenses punishable by less than seven years—are inconsistent with the principles of justice, non-discrimination, and the best interests of the child. Expanding the scope of diversion to prioritize recovery and guidance will ensure that the law functions not merely according to its text, but also by considering children’s social and psychological conditions and their future, thereby ensuring truly just and meaningful protection.
Legal Analysis of the Criminal Act of Embezzlement in Office that is Continuously Committed: A Case Study of the Decision of the Mempawah District Court Akbar, Muhammad Ilham; Laksana, Andri Winjaya
Jurnal Hukum Khaira Ummah Vol 20, No 4 (2025): December 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i4.51030

Abstract

Abstract. Information technology systems have now penetrated nearly every aspect of human life, attracting significant attention from people worldwide and transforming their lifestyles. Advances in computer technology have coincided with changes in society, encompassing social values, norms, behavioral patterns, the organization, and the structure of societal institutions. In this context, criminal law forms part of a country's overall legal system. Criminal law is a subset of public law, which regulates the relationship between the state and individuals and the public interest, in contrast to private law, which regulates relationships between individuals and private interests. Acts prohibited by criminal law and punishable by law are known as criminal acts or offenses. In the Criminal Code (KUHP), criminal acts are classified into two types: crimes and violations. Examples of crimes include theft, embezzlement, assault, and murder, while violations include delinquency, begging, and vagrancy. Crime in society develops in line with the development of society itself, as crime is a product of society and needs to be addressed. This is because crime will not disappear on its own; instead, criminal cases are becoming more frequent, with the most dominant type being crimes against property, particularly embezzlement. Crime against property will likely increase in developing countries. This increase is in line with economic development and growth. Crime, as a social phenomenon occurring on earth, will likely never end, in line with the development and social dynamics that occur in society. This criminal problem appears to continue to grow and will never recede, both in terms of quality and quantity. This development causes unrest for both society and the government. Based on the First National Law Seminar in 1963, it was suggested that the purpose of Indonesian criminal law is to prevent obstacles to the creation of the society that the Indonesian people aspire to, by establishing prohibited acts and the penalties threatened to violate these prohibitions. Criminal acts are contrary to the order desired by law and are detrimental to society, and are therefore strictly prohibited. A good legal system will certainly be useless if not enforced. For this, quality resources and supporting facilities and infrastructure are needed. Furthermore, broad public support is a prerequisite for achieving just law enforcement. The use of criminal law with negative sanctions should be viewed as a last resort/subsidiary measure, prioritizing sanctions in other legal fields. If criminal law is to be involved, the lighter sanctions should be used among the many alternative sanctions threatened.
Co-Authors Adriano, Muhammad Ricky Akbar, Muhammad Ilham Alfateo, Alvin Deo Ali, Nuraliah Anis Mashdurohatun Anugerah, Muhammad Dito Argo Victoria, Ong Arpangi Bambang Tri Bawono Dian Pramana Djunaedi, H. D. dwi wahyono Fareha, Nur Handayani, Yusrina Hargiharso, Muhammad Dimas Hari Purwadi, Hari Hartiwiningsih Hartiwiningsih Hendro Widodo Hidayat, Yudhi Taufiq Nur Ida Musofiana, Ida Iman, Muhammad Khoirul Khasanah, Dian Ratu Ayu Uswatun Madrah, Muna Yastuti Malau, Nike Rumondang Margono Margono Marpaung, Marzuki Joshua Maulidiawati, Wahdah Moh. Nurul Huda, Moh. Nurul Muhammad Iqbal Nooryono, Makhsyar Partimi, Yuli Prayitno, Ahmad Hadi Prayurisna, Yoga Baya Putratama, Muhammad Rafly Rachman, W. Erfandy Kurnia Resmi, Puji Rimbawan, Andhika Yuli Saraya, Sitta Setyo Trisnadi Sijabat, Niko Andri Silaban, Roynaldo Simarmata, Rustam Efendi P Siswanto, Moh Aris Sitanggang, Marulitua Johannes Sri Endah Wahyuningsih Suranto Suranto Suwondo, Denny Tari, Mayang Ul-Husna, Muhammad Brata Widayati Widayati Widiyoko, Setiawan Widono, Janu winanto, winanto Yassine, Chami Yudhana, Syela Ambri Zanira, Naufal Fajar