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All Journal Kertha Semaya AL-Daulah Jurnal Komunikasi Hukum Jurnal Hukum Novelty Perspektif : Kajian Masalah Hukum dan Pembangunan Jurnal Daulat Hukum JURNAL MAHKAMAH INDONESIAN JOURNAL OF CRIMINAL LAW STUDIES Syntax Literate: Jurnal Ilmiah Indonesia Integritas: Jurnal Antikorupsi JURNAL CENDEKIA HUKUM Jurnal Ius Constituendum Nagari Law Review JURNAL MERCATORIA Awang Long Law Review Jurnal Yuridis PALAR (Pakuan Law review) Jurnal Justitia : Jurnal Ilmu Hukum dan Humaniora JURNAL USM LAW REVIEW Jurnal Esensi Hukum Jurnal Suara Hukum Law Development Journal Jurnal Interpretasi Hukum Jurnal Hukum Pidana dan Kriminologi Journal of Progressive Law and Legal Studies Kultura: Jurnal Ilmu Sosial dan Humaniora RechtIdee Jurnal KALANDRA Kanun: Jurnal Ilmu Hukum Ardhi: Jurnal Pengabdian dalam Negri International Journal of Social Science and Humanity Contemporary Issues on Interfaith Law and Society
Beniharmoni Harefa
Fakultas Hukum Universitas Pembangunan Nasional Veteran Jakarta
Agriculture, Biological Sciences & Forestry Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Engineering Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences Other

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THE IMPLEMENTATION OF PROOF SYSTEM IN THE CRIMINAL ACT OF DOMESTIC VIOLENCE Ayu Astari, Sindi; Harefa, Beniharmoni
Awang Long Law Review Vol. 3 No. 2 (2021): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (212.852 KB) | DOI: 10.56301/awl.v3i2.144

Abstract

Domestic Violence is any act committed against a person, resulting in the onset of physical, sexual, psychological, and/or domestic abuse. As we understand it, domestic violence crimes are common in the personal sphere and often lead to the absence of witnesses other than victims who make it difficult to prove. This research aims to determine the regulations related to the settlement of domestic violence and to find out the application of the system of proving domestic violence crimes. This research was conducted by normative juridical research methods. The legal source used is a secondary legal source. The approach used is the statute approach and case approach related to the problem. The results of this study explain that the regulation stipulated in the domestic violence crime stipulated in The Law of the Republic of Indonesia No. 24 of 2004, in establishing a person to be a defendant in a domestic violence crime with the testimony of one witness and supported by one other valid evidence, is proven by the Verdict No. 131/Pid.Sus/2017/PN Pre.
REVISITING JUVENILE JUSTICE: A RESTORATIVE APPROACH TO HOMICIDE ACCOUNTABILITY IN INDONESIA Harefa, Beniharmoni; Aura Islami, Diajeng Dhea Annisa; Supardi, Supardi
Kanun Jurnal Ilmu Hukum Vol 26, No 2: August 2024: The Global and National Challenges for Justice
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kanun.v26i2.38583

Abstract

Criminal penalties can be imposed for infractions, including those committed by minors. However, the purpose of sanctions extends beyond punishment; they also aim to promote restoration. Given that children involved in homicide cannot be held to the same legal standards as adults, the law prioritizes their psychological development and growth. This article seeks to clarify the nature of criminal accountability for juvenile offenders and to explore the law enforcement process in cases of murder involving young individuals. This research utilizes a literature review methodology, drawing data from relevant publications, journals, and books. The findings suggest that adolescent homicide offenses can be effectively addressed through a restorative justice framework that prioritizes rehabilitation over retribution. A key component of restorative justice is the Family Group Conference, which involves the families of both the perpetrator and the victim in the juvenile's accountability process.
Criminal Justice System for Children Perpetrators of Murder Between Indonesia and Malaysia Ridwansyah, Naufal Nabiil; Harefa, Beniharmoni
RechtIdee Vol 19, No 2 (2024): DECEMBER
Publisher : Trunojoyo Madura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/ri.v19i2.28223

Abstract

This study examines the comparative juvenile justice systems for child offenders of murder between Indonesia and Malaysia. The background of the research stems from the rising cases of children in conflict with the law due to serious crimes such as murder. Both countries adopt different legal approaches: Indonesia applies restorative justice through Law No. 11 of 2012 on the Juvenile Criminal Justice System, while Malaysia relies on the Child Act 2001 influenced by the Doli Incapax doctrine. This research uses a normative juridical method with a comparative approach to analyze the similarities and differences in both legal systems. The findings indicate that Indonesia emphasizes child rehabilitation through diversion mechanisms, whereas Malaysia adopts a more formal approach emphasizing court decisions. The study recommends policy improvements in both countries to enhance the protection of child offenders' rights.
Criminal Liability of Child Exploitation Through TikTok Live Streams in Orphanage Foundations (A Case Study of Decision Number 148/Pid.Sus/2024/PN Mdn) Juniawaty, Tata Adela; Harefa, Beniharmoni
JURNAL MERCATORIA Vol. 17 No. 2 (2024): JURNAL MERCATORIA DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/mercatoria.v17i2.13315

Abstract

The helplessness of children in protecting themselves provides opportunities for adults to exploit them. As in Decision Number 148/Pid.Sus/2024/PN Mdn, where the development of digitalization and social media trends, namely TikTok, was misused as a means of exploiting children in foster care. The perpetrators take advantage of children's vulnerability by having the child appear in TikTok live streaming to attract audience sympathy in order to get gifts that can be converted into money. This study aims to analyze the guarantee of legal protection for orphanage children as victims of exploitation and examine the criminal liability of the manager of the orphanage foundation in cases of child exploitation through TikTok live streaming. The normative juridical method with a statutory approach and a case approach is used in this research. The results show that orphanage children who are victims of exploitation are entitled to legal protection guarantees in the form of special protection, social rehabilitation, legal assistance, and supervision by empowerment institutions such as KPAI. The actions of the orphanage manager are proven to meet the requirements of criminal liability because they intentionally exploit for material gain, have the ability to be responsible, and without any excuse that can eliminate criminal responsibility.
The Validity of Electronic Evidence and Its Relation to Personal Data Protection Manurung, Karina Hasiyanni; Harefa, Beniharmoni
Jurnal Daulat Hukum Vol 7, No 4 (2024): December 2024
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v7i4.41815

Abstract

An examination of electronic evidence within the context of Indonesian criminal law focuses on the evolving role of electronic evidence in criminal proceedings, highlighting the challenges arising from the absence of clear regulation in the Indonesian Criminal Procedure Code (KUHAP) and the necessity of balancing this with privacy rights under the Personal Data Protection Law (UU PDP). Electronic evidence, such as digital data and electronic documents, is increasingly recognized under the applicable laws in Indonesia, yet its practical application remains complex within the criminal justice system.  This research employs a normative legal methodology, analyzing relevant legal provisions and their interplay, particularly concerning the validity of electronic evidence and data privacy. Both statutory and conceptual approaches are utilized, reviewing primary legal materials such as KUHAP, UU PDP, and related regulations. The study also examines key legal principles, including compliance, transparency, and proportionality, in the context of handling electronic evidence.  Secondary data is gathered through a comprehensive literature review, including legal texts, academic books, and journals. The findings indicate significant gaps in the current legal framework, particularly regarding the procedural norms for evidence collection and the tension between privacy rights and criminal justice needs. The research concludes with recommendations for legal reforms aimed at integrating electronic evidence more effectively into KUHAP, ensuring greater consistency, safeguarding privacy, and promoting procedural fairness in criminal proceedings.
Problems of Criminal Law Evidence in Murder and Sexual Violence Cases (Case Study of Vina Cirebon Murder) Kinanti Puput Septiana; Harefa, Beniharmoni
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 9 No. 2 December (2024)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v9i2.5135

Abstract

The issue of evidence in the case of murder and sexual violence against Vina in Cirebon has become an obstacle in the case resolution process. This issue can lead to errors in identity or wrongful arrests, creating legal uncertainty and reducing public trust in the justice system, thereby hindering the effective enforcement of justice. The purpose of this research is to understand the evidentiary process in law enforcement regarding the perpetrators of murder and sexual violence in this case, and to examine the responsibility of law enforcement for errors in identity caused by evidentiary problems. The research method used is normative juridical, analyzing legal sources such as laws, court decisions, legal theories, and expert opinions. The findings show that there were evidentiary issues in this case, including witness testimony, the defendant's testimony, results from the visum et repertum, and exhumation. Furthermore, the responsibility of law enforcement for errors in identity can be linked to Articles 95-97 of Law No. 8 of 1981 concerning the Criminal Procedure Code. The police, as law enforcement officers, can also be subject to sanctions under Article 7 paragraph (1) letter c of the National Police Chief Regulation No. 14 of 2011 concerning the Code of Ethics for the Indonesian National Police and Article 7 of Government Regulation No. 2 of 2003 concerning the Disciplinary Regulations for Members of the Indonesian National Police. Errors in identity in this case highlight the importance of thoroughness in the evidentiary process to ensure that justice is properly served.
Revitalization of Indonesian criminal law through the acknowledgment of living law: An investigation of the Sigajang Laleng Lipa’ customary law Harefa, Beniharmoni; Fernando, Zico Junius; Maharani, Asari Suci; Anditya, Ariesta Wibisono; Humana, Sri
Jurnal Hukum Novelty Vol. 15 No. 2 (2024)
Publisher : Universitas Ahmad Dahlan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26555/jhn.v15i2.28234

Abstract

Introduction to the Problem: The research article examines the Sigajang Laleng Lipa’ tradition in South Sulawesi’s Bugis community as a "living law" under Indonesia's new criminal code, specifically Article 2. The tradition’s violent nature, often leading to fatal outcomes, may conflict with principles in the updated code. Purpose/Study Objectives: The primary objective of this study is to conduct an analysis of criminal law regulations in Indonesia regarding the Sigajang Laleng Lipa’ tradition and assess its alignment with Article 2 of the new Indonesian Criminal Code. The study aims to understand whether this traditional conflict resolution mechanism meets the legal standards set out in the new code, especially concerning the concept of living law. Design/Methodology/Approach: This research employs a normative juridical method with a statutory and conceptual approach to legal recognition in Indonesian criminal law. Secondary data, gathered through literature sources like books and journals, facilitates an in-depth examination of the Sigajang Laleng Lipa’ tradition and the Indonesian criminal code. The doctrine of proportionality guides this study, emphasizing that punishment should match the crime to ensure justice and prevent excessive penalties. Findings: The findings reveal that the Sigajang Laleng Lipa’ tradition, despite its historical and cultural significance in the Bugis community, involves violent practices that have led to fatal consequences. Moreover, it is observed that this tradition does not fulfil the criteria set forth in Article 2, Paragraph (2) of the new Criminal Code. This mismatch highlights a significant challenge in incorporating living law traditions into the modern legal framework of Indonesia. Due to its inconsistency with philosophical, juridical, and sociological principles, the tradition cannot be sustained. Consequently, its use as a punitive measure is unjustifiable, as it does not effectively achieve criminal justice objectives and provides minimal social benefit, lacking contribution to crime prevention efforts. Paper Type: Research Article
Pretrial Proceedings in Indonesian Criminal Procedure Law: Its Relation to Corruption Eradication Adiatma Nugroho; Beniharmoni Harefa; Handar Subhandi Bakhtiar
International Journal of Social Science and Humanity Vol. 2 No. 2 (2025): June : International Journal of Social Science and Humanity
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijss.v2i2.375

Abstract

Pretrial proceedings play a strategic role in Indonesia's criminal justice system as a judicial oversight mechanism to ensure the legality of law enforcement actions and the protection of suspects’ human rights. In corruption cases, however, pretrial motions are often exploited as procedural loopholes to invalidate ongoing investigations due to the absence of rigid legal standards and inconsistent interpretations by judges sometimes extending into the merits of the case, which should fall outside the scope of pretrial jurisdiction. This study examines the ideal concept of pretrial review using a normative juridical approach, emphasizing the due process of law principle, the primacy of lex specialis under Article 26A of the Anti-Corruption Law, and its harmonization with the Criminal Procedure Code (KUHAP). The research concludes that pretrial mechanisms should function solely as limited judicial review, restricted to evaluating procedural legality. Additionally, the study highlights the significance of establishing Preliminary Examination Judges (Hakim Pemeriksa Pendahuluan) as proposed in the Draft Criminal Procedure Code. These judges would proactively supervise investigative actions, ensuring procedural compliance and minimizing the misuse of pretrial remedies by corruption suspects. Strengthening normative frameworks and judicial guidelines is thus essential to foster coherent, fair rulings and support the integrity and effectiveness of anti-corruption law enforcement.
Application of Customary Law in the Indonesian Criminal Law Framework after the Enactment of Law Number 1 of 2023 concerning the Criminal Code Riyanto, Riyanto; Waluyo, Bambang; Harefa, Beniharmoni
Journal of Progressive Law and Legal Studies Том 3 № 02 (2025): Journal of Progressive Law and Legal Studies
Publisher : PT. Riset Press International

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59653/jplls.v3i02.1540

Abstract

Law of the Republic of Indonesia Number 1 of 2023 concerning the Criminal Code (New Criminal Code) was finally passed as a substitute for the old Criminal Code or Law Number 1 of 1946 concerning Criminal Law Regulations; in the new Criminal Code, several articles have received pros and cons in the community, one of which is related to the inclusion of articles on laws that live in society (Customary Law). The purpose of this study is to examine and analyze carefully the role of customary Law in the specifics of criminal Law after its inclusion in the new Criminal Code so that we can find out about its position as a law that was once known as unwritten Law into written Law. The legal research method used is normative juridical legal research, which is conducted on library materials using the statute, conceptual, case, and historical approaches. The results of the research that the author has obtained that the Law that lives in the community (Customary Law) in the specific criminal Law in the new Criminal Code will be made a Government Regulation (PP) as the implementation of the regulation so that it can be used as a guideline for the Regional Government in making Regional Regulations (PERDA) on the Law that lives in the community (Customary Law) and researchers also provide the concept of applying the Law that lives in the community (Customary Law) with the approach of the principle of restorative justice for law enforcement officials in carrying out their duties as representatives of the state related to the process of enforcing customary criminal Law.
Protecting the Religious Belief: A Study on the Blasphemy Laws Across Jurisdictions and Religions Ali, Mahrus; Al-Fahad, Hamad Faisal; Prabowo, M Shidqon; Wibawa, I Putu Sastra; Harefa, Beniharmoni; Sanjaya, Aditya Wiguna
Contemporary Issues on Interfaith Law and Society Vol. 4 No. 1 (2025): Intersections of Religious Diversity, Legal Frameworks, and Human Rights
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ciils.v4i1.25521

Abstract

The purpose of this article is to examines legal and religious dimensions of blasphemy in the provisions of Penal Code of Indonesia, Kuwaiti law correspond to the established principles of Islamic, Christianity, and Hinduism. This is through employing a critical and comparative approach, the study compares the foundational of Penal Code of Indonesia and the Kuwaiti legislation as well as Islamic Sharia, Christianity and Hinduism, identifying areas of overlap in criminalizing offenses against religious belief. The paper found that the Penal Code of Indonesia criminalizes incitement or coercion aimed at making others abandon their religion or belief through violence or threats, while Kuwaiti law largely reflects the Sharia based prohibition of conduct deemed offensive to sacred values. The underlying philosophies behind the criminalization of blasphemy in Islamic Sharia, Penal Code Kuwaiti law, may differ in their foundational justifications, they join on a shared notion, to protect religious thoughts and prevent the incitement of discord and hatred under freedom of expression. From the Christianity perspective, Christians are taught not only to forgive, pray for, and bless the offender, but also, if needed, to pursue legal avenues as provided by national laws. Hinduism places greater importance on maintaining fraternal relationships among humans being than on defending the honour of the religion or its deities. If an act is deemed blasphemous according to the law of the state, the recommended course of action in Hinduism is to restore spiritual balance through a ritual of atonement known as Prayascitta.
Co-Authors Abdul Kholiq Achmad, Nazilah Adiatma Nugroho Al-Fahad, Hamad Faisal Alfian Mahendra Alifa, Virgie Kesfian Andi Jefri Ardin Anditya, Ariesta Wibisono Annisa Carolin Ardin, Andi Jefri Aura Islami, Diajeng Dhea Annisa Ayu Astari, Sindi Azzizah, Khoerina Bambang Waluyo Bambang Waluyo Christian Goklas Cornelius, Arilasman Fernando, Zico Junius Fibriana, Ainur Garry, Garry Handar Subhandi Bakhtiar Handoyo Prasetyo Hartono, Teguh Humana, Sri I Putu Sastra Wibawa Islami, Diajeng Dhea Annisa Aura Jeanny Anggita Fitriyani Juniawaty, Tata Adela Kinanti Alysha Putri Haryanto Kinanti Puput Septiana Laksmana Triwiraputra, Ega Larasati, Raden Roro Permata Dewi Lieni Eprencia Bunga Sitompul Maharani, Asari Suci Mahrus Ali Manurung, Karina Hasiyanni Maria Yohana Mita Nurasiah Muhammad Aulia Farhan Muhammad, Faiz Emery Nafaya Ramadhani Bidari Novyana, Hilda NurAfni NurAfni Nurul Bazroh Prabowo, M Shidqon Prameswari, Athalie Aisyah Putri Tamara Amardhotillah Ridwansyah, Naufal Nabiil Riki Perdana Raya Waruwu Riyanto Riyanto Said, Fathya Sofia Salma Agustina Salma Agustina Sanjaya, Aditya Wiguna Sasmito, Poerwoko Hadi Skandiva, Razananda Subakdi Supardi Supardi Supardi Thoriq, Ahmad Reihan Tomi Gumilang, Singgih Tsabitha Afnan Putri Wahyudhi Yohana Damayanti Br Kaban Yuliana Yuli Wahyuningsih