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All Journal El-Mashlahah Pembaharuan Hukum Varia Justicia Law Development Journal International Journal of Law Society Services Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan
Andri Winjaya Laksana
Universitas Islam Sultan Agung
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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 1 
Law Enforcement Reform on Covid 19 Pandemic: a Necessity or an Innovation? Andri Winjaya Laksana
Varia Justicia Vol 16 No 2 (2020): Vol 16 No 2 (2020)
Publisher : Fakultas Hukum Universitas Muhammadiyah Magelang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31603/variajusticia.v16i2.3903

Abstract

This study aims to identify the urgency and the form of law enforcement reform in the Covid 19 pandemic era. The approach method used is juridical normative. The type of data used in this research is secondary data consisting of primary legal materials, secondary legal materials, and tertiary legal materials. The result shows that law enforcement reform in the Covid 19 pandemic era took online trials of courts. Based on the value of justice to achieve legal certainty manifested in online trials, legal certainty in online trials in achieving justice values in criminal cases is legal. The criminal justice system reviews it since the investigation, prosecution, trial, and execution. Some legal actions can be seen from 3 (three) things: position, authority, and procedure as parameters of the action or legal action carried out at each process level case.
The Analysis of Criminal Sanctions Effectiveness in Drug Law: Between Prevention and Rehabilitation Andri Winjaya Laksana; Denny Suwondo; Siti Fatimah
Jurnal Pembaharuan Hukum Vol 13, No 1 (2026): Jurnal pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v13i1.50247

Abstract

The purpose of this study is to analyze the effectiveness of the ideal formulation of criminal sanctions for drug addicts. Narcotics regulations were introduced as a legislative effort to replace previous laws, by regulating narcotics classification, strict supervision, as well as criminal sanctions and rehabilitative approaches. However, the effective implementation of this law still faces serious challenges, ranging from weak coordination between authorities, the type of research using normative juridical, research results indicating inconsistent law enforcement, and a lack of rehabilitation facilities, so that drug users are more often punished than rehabilitated. The lack of clarity in distinguishing users from dealers obscures the criminal justice system and exacerbates the problem of prison overcrowding. Therefore, law enforcement efforts against drug abuse must be evaluated holistically and consistently, not only in a repressive manner, but also prioritizing restorative justice, a public health approach, and social recovery as part of an integral policy to address the drug problem in Indonesia comprehensively and fairly.
Legal Protection for Child Offenders in Bullying Cases: Challenges and Deviations in Restorative Justice Practice Ahmad Arifulloh; Andri Winjaya Laksana; Moh Aris Siswanto; Toni Triyanto
Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan Vol 12, No 2 (2025): October
Publisher : Faculty of Sharia (Islamic Law) at Fatmawati Sukarno State Islamic University Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/mzn.v12i2.9425

Abstract

This study examines legal protection for children as perpetrators of bullying through the application of restorative justice. The purpose of the research is to analyze how restorative justice is implemented in resolving bullying crimes committed by minors, identify the obstacles encountered in practice, and formulate relevant solutions. This research is normative legal research using a statutory approach. Data were collected through literature studies, including legislation, academic literature, and previous research findings, and then analyzed qualitatively. The results indicate that applying restorative justice to children who commit bullying can be carried out through the diversion mechanism, namely, the transfer of juvenile case settlement from the formal criminal justice process to non-litigation mechanisms outside the court system. This mechanism is in accordance with Law Number 11 of 2012 on the Juvenile Criminal Justice System, which prioritizes the best interests of the child. From the perspective of criminal law theory, the implementation of restorative justice represents a positive deviation from the retributive justice concept, which is oriented toward punishment and retribution. Restorative justice shifts the focus of criminal justice from punishing offenders toward restoring losses experienced by victims, repairing social harm caused by the crime, and reintegrating relationships between victims, offenders, their families, and the community. The academic contribution of this study lies in strengthening the discourse on restorative justice in bullying cases involving minors by providing normative arguments that the restorative approach aligns more closely with humanitarian principles, children's rights, and the best interests of the child than conventional retributive approaches. These findings offer theoretical and practical insights for policymakers, law enforcement officers, educators, and child protection institutions to optimize diversion mechanisms to address bullying that emphasizes punishment rather than social recovery and build awareness, empathy, and social recovery for all parties involved
Rehabilitative Sentencing for Narcotics Addicts within the Framework of National Law and Maqasid Syari’ah Andri Winjaya Laksana; Ida Musofiana; Alwan Hadiyanto; Ahmed Kheir Osman; Ahmed Rabie Hassan
El-Mashlahah Vol 16 No 1 (2026)
Publisher : Sharia Faculty of State Islamic Institute (IAIN) Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23971/el-mashlahah.v15i2.10409

Abstract

Narcotics-related crimes are classified as extraordinary crimes that threaten not only individual lives but also the broader fabric of society. Narcotics addicts, while legally considered offenders, are in fact self-victimizing individuals whose behavior is driven by dependency and loss of self-control. Rehabilitative sentencing offers a progressive alternative to punitive approaches by prioritizing treatment, recovery, and reintegration over retribution. This study aimed to critically examine the implementation of rehabilitative sentencing for narcotics addicts within Indonesia’s legal framework, while simultaneously analyzing its compatibility with the higher objectives of Islamic law (maqasid syari’ah).  moreover, this study adopts a socio-legal (juridical-sociological) approach, combining normative legal analysis with empirical insights from social behavior and community responses. It explores how rehabilitative sentencing is implemented within Indonesia’s legal framework and assessed through the lens of Islamic criminal law. Indonesian Law No. 35 of 2009 on Narcotics, along with supporting regulations, formally provides mechanisms for rehabilitation. However, sociological findings reveal persistent challenges in practice, including legal stigma, institutional capacity gaps, and public skepticism toward non-custodial measures. Meanwhile, Islamic criminal law, through the taʿzir framework, supports rehabilitation as a form of moral and social correction, rooted in the higher objectives of Islamic law (maqasid syari’ah), particularly the protection of life (hifz al-nafs), intellect (hifz al-‘aql), and public welfare (hifz al-maslahah al-‘ammah). The study concludes that successful implementation of rehabilitative sentencing requires not only regulatory readiness but also societal acceptance and alignment with ethical-legal values grounded in both national and Islamic legal traditions.
Strategy for Improving Legal Awareness of Criminal Acts of Domestic Violence and Narcotics Among the Community in Tambakrejo Urban Village Semarang City Andri Winjaya Laksana; Bambang Tri Bawono; Arpangi Arpangi; Hendro Widodo; Dzaka Imtiyaz Iqbal
International Journal of Law Society Services Vol 6, No 1 (2026): International Journal of Society Services
Publisher : LAW FACULTY UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlss.v6i1.53928

Abstract

This community service article discusses the implementation of legal counseling on criminal acts of domestic violence and narcotics as a strategy to improve public legal awareness in Tambakrejo Urban Village, Semarang City. This activity was based on the fact that domestic violence is still often viewed as a private matter, while narcotics abuse is frequently understood merely as a criminal problem without sufficient knowledge of prevention, rehabilitation, and family protection. The objective of this community service activity was to improve public understanding of the forms, consequences, sanctions, and handling mechanisms of domestic violence, while also increasing public literacy regarding the dangers of narcotics, criminal consequences, and the importance of a rehabilitative approach for abusers. The method used was a participatory-educative approach with a socio-legal orientation through the stages of problem identification, coordination with urban village officials, preparation of materials, pre-test, interactive lecture, case discussion, legal consultation, post-test, and evaluation. The activity was held on June 25, 2026, at the Tambakrejo Urban Village Hall and involved 100 participants consisting of housewives, youth, community leaders, PKK cadres, and neighborhood officials. The results showed an increase in participants' understanding of the definition and forms of domestic violence, victims' rights, reporting procedures, and the relationship between narcotics abuse and family vulnerability. Participants also gained greater knowledge of offender classifications, the importance of rehabilitation, and the role of the family as an early detection system. Thus, integrated legal counseling on domestic violence and narcotics is effective as a preventive instrument to strengthen family resilience, build a community legal culture, and encourage citizens to seek appropriate assistance
Ideal Formulation for Strengthening Mediation in Civil Dispute Resolution in Indonesia Danial Syah; Herlina Hanum Harahap; Andri Winjaya Laksana; Ahmed Kheir Osman
Law Development Journal Vol 8, No 2 (2026): June 2026
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.8.2.1108-1118

Abstract

Mediation as an alternative mechanism for resolving civil disputes in Indonesia still faces various challenges, despite having a strong legal foundation through Supreme Court Regulation (PERMA) Number 1 of 2016. This research analyzes the juridical, cultural, structural, and substantial aspects of civil dispute mediation and formulates an ideal model for strengthening its regulatory and institutional framework. The purpose of this study is to examine the legal basis, identify factors contributing to the low success rate, and propose an ideal formulation to strengthen mediation in civil dispute resolution in Indonesia. This research employs a doctrinal (normative legal) method and relies on secondary data obtained from literature sources. The findings indicate that mediation in civil dispute resolution in Indonesia has had a strong legal foundation since Article 130 of the Herzien Inlandsch Reglement (HIR) and has been reinforced through various Supreme Court regulations, including PERMA Number 1 of 2016. The low success rate of civil mediation in Indonesia is caused by a legal culture that prioritizes litigation, the uneven distribution of certified mediators, and the weak enforcement of sanctions under PERMA Number 1 of 2016 for parties acting in bad faith. The ideal formulation for strengthening mediation in Indonesia emphasizes revising PERMA Number 1 of 2016 to impose clearer and stricter sanctions for bad faith conduct, enhancing mediator capacity and public legal awareness, and optimizing electronic mediation (e-mediation) through PERMA Number 3 of 2022 to achieve an efficient, modern, and just dispute resolution system.
The Efforts to Prevent and Overcome Criminal Acts of Money Politics Bambang Tri Bawono; Andri Winjaya Laksana
International Journal of Law Society Services Vol 5, No 1 (2025): International Journal of Law Society Services
Publisher : LAW FACULTY UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlss.v5i1.43995

Abstract

One of the problems that often plagues the Indonesian nation is related to the crime of money politics. The crime of money politics is one of the ironies that has never been resolved to this day. In fact, the occurrence of these crimes is carried out simultaneously by the community. The type of research used in this study is sociological legal research using a qualitative approach. The results of the study state that the legal construction of the crime of money politics in the concept of legal certainty has been regulated in Government Regulation in Lieu of Law (Perpu) No. 1 of 2022 concerning Amendments to Law No. 7 of 2017 concerning General Elections and Law No. 6 of 2020 concerning Perpu No. 2 of 2020 concerning the Third Amendment to Law No. 1 of 2015 concerning the Stipulation of Perpu No. 1 of 2014 concerning the Election of Governors, Regents, and Mayors into Law. While efforts are being made to combat the occurrence of money politics, it is necessary to reconstruct that recipients should be allowed to receive money politics, but what is prohibited is only related to openly saying to choose a candidate for leader because it is contrary to the principle of secrecy.
Co-Authors Ahmad Arifulloh Ahmed Kheir Osman Ahmed Rabie Hassan Alwan Hadiyanto Arpangi Arpangi Bambang Tri Bawono Bambang Tri Bawono Danial Syah Denny Suwondo Dzaka Imtiyaz Iqbal Hendro Widodo Herlina Hanum Harahap Ida Musofiana Moh Aris Siswanto Siti Fatimah Toni Triyanto