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All Journal Jurnal Online Mahasiswa (JOM) Bidang Keguruan dan Ilmu Pendidikan Journal of Teaching and Learning in Elementary Education JURNAL MERCATORIA Awang Long Law Review Jurnal Ilmiah Penegakan Hukum DIVERSI : Jurnal Hukum JUSTISI Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences Journal La Sociale REVELATIA: Jurnal Ilmu al-Qur`an dan Tafsir Journal of Law, Poliitic and Humanities Lex Publica International Significance of Notary
Rahmatul Hidayati, Rahmatul
Unknown Affiliation
Religion Arts Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Social Sciences Other

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Recidivism of Child Crime in Indonesia Ma'aly, Moh. Haizul; Hidayati, Rahmatul; Parmono, Budi
Budapest International Research and Critics Institute-Journal (BIRCI-Journal) Vol 8, No 1 (2025): Budapest International Research and Critics Institute February
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v8i1.8052

Abstract

This study began with children who commit deviant acts often showing a bad attitude in the eyes of society and the government. They are often stigmatized as naughty children or perpetrators of criminal acts. Children who commit crimes must also be punished, but the punishment given is different from the punishment given to adults. The purpose of this study is to find out, understand, and analyze both in terms of regulations, forms and sanctions for children who commit repeated crimes. The research method used is normative legal research with a statutory approach, namely Law Number 1 of 1946 concerning the Criminal Code and Law Number 11 of 2012 concerning the Juvenile Criminal Justice System and a conceptual approach. The technique of collecting legal materials in this study uses literature studies while the legal material analysis technique used in this study is the descriptive analysis method. The results of this study indicate that in the SPPA Law concerning the imposition of sanctions on children who commit repeat crimes, there is a legal vacuum so that when judges handle cases of children who commit repeat crimes, the sanctions are returned to the Criminal Code, which sanctions are in the form of imprisonment that is heavier than before, namely plus one third. Therefore, the legislators in this case failed to formulate a norm in the formulation of the crime.
Non-Decriminalization of Political Offenses in Indonesia: A Study on Article 154 of the Criminal Code (KUHP) Parmono, Budi; Hidayati, Rahmatul; Ahnaf, Muhammad Qatrunnada
Budapest International Research and Critics Institute-Journal (BIRCI-Journal) Vol 8, No 4 (2025): Budapest International Research and Critics Institute November
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v8i4.8136

Abstract

Article 154 of the Indonesian Criminal Code (Kitab Undang-undang Hukum Pidana; KUHP) is classified as a political offense because it is directed against the state, aims at public harm (public wrong), and involves non-violent expression of enmity or contempt (oral, written, or visual). The Dutch Government, however, viewed Article 154 KUHP as undemocratic and contrary to free expression and opinion, arguing it was only justifiable in colonial Indonesia for their interests. This created a divergence between the legislative interests of a colonized nation and a democratic one regarding 'expression' or 'opinion'. The Netherlands has equivalent provisions in Articles 137a to 137e of their Criminal Code, focusing on public insult against authorities or specific groups. While the Dutch code formulates these as formal insult offenses, Indonesia’s Article 154 KUHP is broader, covering both formal and material insult. Notably, Articles 137a and 137b of the Dutch Criminal Code were revoked in 1978 for conflicting with Dutch freedom of expression, while Article 154 KUHP remains enforced in Indonesia because its elements are considered identical to Political Offenses.
Co-Authors Ahnaf, Muhammad Qatrunnada Budiarti, Lilik Eddy Noviana Hidayati, Ummi Huda, Muhammad Nailul Isnaeni , Diyan Kulsum, Firda Ummi Ma'aly, Moh. Haizul Maulani, Siti Baroya MAYENDRA, ENDRA Moh Muhibbin, Moh Muhammad Aldi, Muhammad Muhibbin, Muh Otang Kurniaman Parmono, Budi Rokhim , Abdul Saiful Munir Sholikah, Ana Sukman Sunardi Sunardi Sunardi Supentri Utama, Bobby Edwan Ramnissa Zuliatin, Mafadhotul