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All Journal Masalah-Masalah Hukum JURNAL MAHKAMAH KRTHA BHAYANGKARA AIWADTHU: Jurnal Pengabdian Hukum Dinamika Perantara
Supriadi, Moh.
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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PERLINDUNGAN HUKUM TERHADAP HARTA KEKAYAAN DALAM PERKAWINAN ATAS KEJAHATAN YANG DILAKUKAN OLEH SUAMI/ISTERI mohammad Supriadi
Dinamika Vol 25, No 3 (2019): Dinamika: Jurnal Ilmiah Ilmu Hukum
Publisher : Fakultas Hukum Universitas Islam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (262.782 KB)

Abstract

Abstrak            Pasca berlakunya Undang-undang No. 1 Tahun 1974 tentang Perkawinan, pengertian harta kekayaan dalam perkawinan mengalami perubahan. UU Perkawinan memisahkan harta kekayaan dalam perkawinan menjadi harta bawaan dan harta bersama. Perubahan tersebut berakibat hukum pada bentuk perlindungan hukum terhadap harta kekayaan dalam perkawinan, ketika terjadi tindak pidana penggelapan yang dilakukan oleh suami/isteri. Hukum positif Indonesia saat ini hanya memberikan perlindungan hukum terhadap harta bawaan saja. Sedangkan pada harta bersama belum ada norma yang mengatur (rechtvacum), sehingga belum ada perlindungan hukum terhadap harta bersam ketika terjadi tindak pidana penggelapan yang dilakukan oleh suami/isteri. AbstractAfter the enactment of Act No. 1 in 1974 regarding Marriage, the understanding of property in marriage has changed. The Act marriage separates property in marriage inheritance and shared property. Such changes have a legal effect in the from of legal protection of property in marriage, when a crime of embezzlement is committed by husband/wife. Indonesian positive law currently only provides legal protection against inheritance, while shared property have not yet regulated norms (rechtvacum) so that there is no legal protection for shared property when there is a crime of embezzlement committed by a husband/wife.Keywords: embezzlement, crime, marriage
Analisis Hambatan dan Tantangan dalam Membina Anak yang Berkonflik dengan Hukum pada Usia Peralihan di Lembaga Pemasyarakatan Pemuda Kelas IIA Tangerang Mohammad Supriadi
Perantara Law Review Vol 1 No 1 (2024): Peradaban Hukum Nusantara (PERANTARA)
Publisher : Yayasan Tranformasi Aksara Digital

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62193/b0vxxs79

Abstract

The construction of transitional-age children in the Youth Correctional Facility in the future, in accordance with Article 86 of Law No. 11 of 2012 concerning the Juvenile Justice System (SPPA), faces implementation obstacles and main challenges for transitional-age children in the Youth Correctional Facility. The purpose of this research is to find an ideal model for the correctional facility for transitional-age children. The research method used in this study is normative-empirical legal research. The findings of this research show that there are obstacles such as the absence of specific legal regulations governing the guidance of transitional-age children, limited human resources impacting the ineffective implementation of the parole program, and the still high societal stigma not only towards inmates but also towards products resulting from correctional activities. In the future, it is necessary to establish a specific correctional model for children in conflict with the law in accordance with the Juvenile Justice System Law. This can be achieved by ensuring the precision of the institution through the revitalization of the Youth Correctional Facility to restore its original purpose. Additionally, a reactualization of guidance guidelines is needed by updating the implementation of criminal laws, such as creating technical regulations in the form of ministerial regulations. Furthermore, in terms of the precision of the correctional model, it can be achieved by using the Un-Absolute Individual Treatment approach and supported by programs oriented towards certified work skills.
The Deviation of Criminal Law Principles in Embezzlement of Joint Property Committed by Husband or Wife Supriadi, Moh; Husain, Natasya Auliya; Jasri Akadol, Nina Septiana; Gayatri, Nungky Dwi; Yuliana, Yuliana; Natalia, Kristiani
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 10 No. 1 June (2025)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v10i1.5807

Abstract

This study aims to determine the deviation of criminal law principles in the embezzlement of joint assets committed by a husband or wife in marriage. Therefore, criminalization is an ideal policy formulation to overcome this deviation. This study uses normative legal research with a legislative approach that examines the Criminal Code, especially the crime of family embezzlement. In addition, a conceptual approach is also used to determine the deviation of criminal law principles so that efforts are obtained to overcome deviations from criminal law principles. This study concludes that there is a deviation of criminal law principles in the crime of embezzlement of joint assets committed by a husband or wife during marriage. This deviation is based on the inconsistency between the formulation of the crime which states that it cannot be prosecuted with the principle of criminal responsibility which regulates the reasons for eliminating the crime, namely the reason for forgiveness and the reason for justification. Furthermore, moral norms cannot prevent the prosecution of a criminal act, as long as there is a complaint from the victim as the concept of the complaint crime. Therefore, as a repressive effort in providing legal protection for victims, a formulation policy is needed by criminalizing embezzlement of joint assets committed by a husband or wife during marriage by eliminating the phrase " "it is impossible to hold criminal charges".
REDEFINING CHILDHOOD: ADDRESSING LEGAL INCONSISTENCIES AND THE ROLE OF TRANSITIONAL AGE IN JUVENILE JUSTICE Supriadi, Moh.; Yuliana, Yuliana; Ghani, Mohamad Zulkifli Abdul
Masalah-Masalah Hukum Vol 54, No 2 (2025): MASALAH-MASALAH HUKUM
Publisher : Faculty of Law, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/mmh.54.2.2025.240-254

Abstract

Indonesia’s legal framework, grounded in civil law, predominantly utilizes statutes as its primary source of legal authority. Nonetheless, discrepancies in the definitions of legal terminology across different statutes have resulted in ambiguity, especially regarding the interpretation of the term “child.”  The varying definitions of “child” across the Criminal Code, the Civil Code, and other child protection laws contribute to legal ambiguity, particularly regarding the rights and protections available to children in conflict with the law. Law No. 11 of 2012, known as the Juvenile Criminal Justice System Law, specifies that a child is defined as an individual between the ages of 12 and 18. Additionally, it encompasses individuals aged 18 to 21 who have yet to fulfill their sentence. This inconsistency leads to uncertainty about the enforcement of legal penalties and the suitable correctional institutions for these individuals. This study seeks to examine the legal terminology related to “children in conflict with the law” within the framework of the Juvenile Criminal Justice System Law, with an emphasis on the consequences for their placement and rehabilitation in Juvenile Correctional Institutions and Youth Prisons. The study adopts an empirical-normative methodology, incorporating field interviews and document analysis as key components. The findings indicate that varying definitions of “child” create ambiguity in legal application, especially concerning rehabilitation and sanctioning processes. The research offers valuable insights by advocating for the adoption of the term “transitional age” to delineate the differences between children and adults. This would improve legal clarity, safeguard children’s rights, and guarantee rehabilitation programs that are specifically designed to meet their developmental requirements.
Legal Counseling on The Mechanism for Handling Women in Conflict with The Law Aswandi, Aswandi; Supriadi, Moh; Yuliana, Yuliana; Natalia, Kristiani
AIWADTHU: Jurnal Pengabdian Hukum Volume 5 Issue 3, November 2025
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/aiwadthu.v5i3.3428

Abstract

Introduction: Over Capacity: Correctional institutions continue to be a deeply rooted issue in Indonesia's criminal justice system. This poses a challenge for officers in fulfilling basic rights, especially for vulnerable groups such as women. In addition, the mechanisms for handling women who come into conflict with the law remain susceptible to gender injustice, particularly in terms of fulfilling basic rights such as rehabilitation, facilities and infrastructure, as well as access to what is entitled to inmates.Purposes of The Devotion: This legal counseling aims to increase understanding regarding the mechanisms for handling women in conflict with the law at the Class II A Pontianak Women's Correctional Institution.Method of The Devotion: Legal counseling activities are conducted using a lecture method to deliver material, followed by a question-and-answer session between inmates and the presenter. Observations are conducted for evaluation and monitoring after the counseling session.Results Main Findings of the Devotion: The results of this study indicate that the mechanism for handling Women in Conflict with the Law in relation to legal aid is still not optimal due to the lack of socialization and limited access to obtain it. Therefore, this study is expected to contribute as an effort to increase the understanding of officers and inmates about the handling mechanism related to legal aid for inmates by offering access to legal aid through the Legal Aid Institute at the Faculty of Law, Tanjungpura University.
Criminological and Victimological Analysis of the Crime of Sextortion in Video Call Sex (VCS)In the Digital Age Gayatri, Nungky Dwi; Supriadi, Moh; Akadol, Nina Septiana Jasri; Mukti, Plasma Versiana; Yuliana; Natalia, Kristiani
KRTHA BHAYANGKARA Vol. 19 No. 3 (2025): KRTHA BHAYANGKARA: DECEMBER 2025
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v19i3.4047

Abstract

Sextortion (sexual extortion) is a crime that exploits the vulnerability of the victim through the threat of distributing material containing pornography, for certain purposes such as financial gain, sexual gratification, or even psychological domination. However, sometimes what was originally intended as a proof of trust often turns into a tool of blackmail when the relationship is in conflict. So that victims are usually forced to do things that the victim does not want, but the perpetrator wants. Along with the development of ITE and the increasing use of digital applications, the crime of Sextortion is increasingly massive in video call sex (VCS), where men who are educated, intellectual, and have prominent positions become objects of sexual extortion. This article critically examines the root causes of various factors behind the occurrence of sextortion crimes on social media platforms?; and what is a holistic approach to address the driving factors for the crime of sextortion? This type of research is empirical juridical, by examining the applicable positive legal norms and their implementation in community practice. Data is collected through document studies and in-depth interviews as the primary information collection techniques. This article emphasizes the importance of comprehensive victim protection through trauma recovery services, legal assistance, and public education about digital security. A multidisciplinary approach that is on the side of victims is a crucial step in building a criminal justice system that is responsive to sexual crimes in the digital age
Co-Authors Akadol, Nina Septiana Jasri Aswandi Aswandi, Aswandi Gayatri, Nungky Dwi Ghani, Mohamad Zulkifli Abdul Husain, Natasya Auliya Jasri Akadol, Nina Septiana Mukti, Plasma Versiana Natalia, Kristiani NIM. A1011141008, YULIANA Yuliana Yuliana