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All Journal KRTHA BHAYANGKARA Perspektif Hukum Al-Bayyinah Integralistik
Pujiyono
Universitas Diponegoro
Religion Law, Crime, Criminology & Criminal Justice Social Sciences

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Konsep Diversi terhadap Anak sebagai Pelaku Tindak Pidana Narkotika di Masa Depan Imam Subaweh Arifin; Pujiyono
Perspektif Hukum VOLUME 20 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v20i2.20

Abstract

When looking at social reality today, the number of children as perpetrators of crime is still significant, especially children as perpetrators of narcotic crimes. This encourages a study to find out how the concept of diversion in the future as an alternative settlement of cases of children as narcotics offenders. The research method used is a normative approach, which is also complemented by a comparative juridical approach. The data used are secondary data consisting of primary legal material in the form of laws and regulations on narcotic crime and the juvenile justice system. It uses secondary licensed content in the way of literature related to narcotics misconduct by children. The results of the study concluded that "the concept of diversion towards children in the future must expel children from the criminal justice process, relating to the handling of children who abuse police narcotics as holders of discretionary authority should diversify through medical rehabilitation and social rehabilitation programs without having to be confronted with the judicial process criminal.
Presidential Dignity and Democratic Paradox in Indonesia's 2023 Criminal Code: A Critical Paradigm Approach Solehuddin; Pujiyono; Irma Cahyaningtyas; Fines Fatimah
Al-Bayyinah Vol. 10 No. 1 (2026): Al-Bayyinah
Publisher : Faculty of Sharia and Islamic Law Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/al-bayyinah.v10i1.11395

Abstract

This research is motivated by the urgency to critically evaluate the reintroduction of offenses against the President's dignity in Article 218 of Law Number 1 of 2023 (the New Indonesian Criminal Code). While intended to protect state symbols, this regulation controversially mirrors colonial-era laws and fails to fully accommodate the democratic and socio-cultural values of modern Indonesian society. Unlike previous studies that predominantly focus on the normative bounds of free speech, this study offers a novel approach by utilizing the Critical Theory paradigm to deconstruct the power dynamics, colonial legacy, and discriminatory nature embedded within the law. Employing a normative legal research method with statutory and conceptual approaches, this study reveals that Article 218 paragraph (1) remains obscure and discriminatory, failing to reflect the "virtual reality" of Indonesia's living norms. The findings emphasize that legal products must not be treated as immune dogmas; rather, they require continuous critical evaluation to prevent the infringement of human rights. Ultimately, the study advocates for a progressive regulatory reconstruction that truly aligns with moral integrity, human rights, and democratic justice in Indonesia.
The Construction of Criminal Liability of the National Land Agency in the Issuance of Duplicate Certificates Satriadi; Pujiyono; Elfia Farida
Al-Bayyinah Vol. 10 No. 1 (2026): Al-Bayyinah
Publisher : Faculty of Sharia and Islamic Law Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/al-bayyinah.v10i1.11572

Abstract

This study analyzes the construction of criminal liability for the National Land Agency (BPN) regarding the chronic issue of double land certificates in Indonesia. The central problem is the weak criminal law enforcement against BPN or its officials, as these cases are predominantly resolved only through administrative (PTUN) or civil channels. Using normative legal research with statutory and conceptual approaches, this study examines criminal law norms and liability doctrines. The analysis focuses on applying vicarious liability and identification theories to determine the extent to which BPN or its officials can be held criminally responsible for public losses. The results reveal that constructing BPN’s criminal liability is hindered by a lack of regulatory synchronization between administrative and criminal law. There is a tendency to separate personal faults of officials (fautes personelles) from organizational faults (fautes de service), which often obscures criminal liability in cases of land mafia or fatal negligence. In conclusion, this study emphasizes the urgency of strengthening BPN's criminal accountability as part of bureaucratic and agrarian reform. This is crucial to create a deterrent effect for internal actors, ensure land data integrity, and provide substantial legal protection for land rights holders.
Integrasi Restorative Justice dalam Sistem Peradilan Pidana Indonesia: Perspektif Keadilan Pancasila Muchlas Rastra Samara; Pujiyono; Irma Cahyaningtyas; Sumartini Dewi
Integralistik Vol. 37 No. 2 (2026): Juli :2026
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/integralistik.v37i2.45416

Abstract

The criminal justice system is not solely oriented towards punishment, but also towards restitution, accountability of perpetrators, and restoration of social relations. In the Indonesian context, restorative justice (RJ) is relevant because it aligns with the values ​​of Pancasila, particularly just and civilized humanity, deliberation, and social justice. However, the implementation of RJ has not been fully optimal due to fragmented regulations, differences in standards between institutions, limited facilitators, and the risk of unequal protection for victims. This study aims to analyze RJ as a manifestation of Pancasila Justice and formulate a strategy for its integration into the Indonesian criminal justice system. The method used is normative legal research with a statutory and case approach. The results show that RJ has a sociological basis in local wisdom and customary law, as well as an increasingly strong juridical basis, particularly through Law Number 20 of 2025 concerning the Criminal Procedure Code and Law Number 1 of 2023 concerning the Criminal Code. However, this normative strengthening has not been fully followed by systematic integration in practice. The main contribution of this article lies in the Pancasila-based RJ integration model at the normative, institutional, and legal culture levels as a direction for criminal law reform that is more recovery-oriented.
Causative-Victim Tracing for Integrative Criminal Policy on AI Deepfake Face and Voice Crimes in Indonesia Muhammad Abdul Azis; Pujiyono
KRTHA BHAYANGKARA Vol. 20 No. 2 (2026): KRTHA BHAYANGKARA: AUGUST 2026
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v20i2.5666

Abstract

This study aims to analyze the weaknesses of Indonesia’s criminal law policy in responding to facial and voice AI deepfakes, and to formulate Causative-Victim Tracing as an application of integralistic criminal law policy. The method used is normative juridical research with conceptual, statutory, case, and limited comparative approaches. The findings show that deepfake regulation remains partial because it is fragmented across the Personal Data Protection Law, the Electronic Information and Transactions Law, the Criminal Code, and the Law on Sexual Violence Crimes. These instruments can address certain acts, but they have not yet understood deepfake as a sequence of crime involving biometric data, AI technology, layered actors, platform distribution, digital evidence, and recurring harm to victims. This study offers Causative-Victim Tracing to connect the tracing of data sources, technology, actors, platforms, and evidentiary obstacles with the mapping of victims, forms of harm, protection, and recovery from the earliest stage.
Co-Authors Elfia Farida Fines Fatimah Imam Subaweh Arifin Irma Cahyaningtyas Muchlas Rastra Samara Muhammad Abdul Azis Satriadi Solehuddin Sumartini Dewi