Articles
<![CDATA[Potensi Implikasi Sanksi dari Tindak Pidana Korupsi dalam Penerapan Kitab Undang-Undang Hukum Pidana Nasional ]]>
<![CDATA[Ayu, Ikra]]>;
<![CDATA[Purwanda, Sunardi]]>;
<![CDATA[Suardi, Suardi]]>;
<![CDATA[Ambarwati, Auliah]]>;
<![CDATA[Tijjang, Bakhtiar]]>
<![CDATA[ Innovative: Journal Of Social Science Research Vol. 5 No. 3 (2025): Innovative: Journal Of Social Science Research ]]>
Publisher : <![CDATA[Universitas Pahlawan Tuanku Tambusai ]]>
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DOI: 10.31004/innovative.v5i3.18920
<![CDATA[Undang-Undang Nomor 31 Tahun 1999 jo Undang-Undang Nomor 20 Tahun 2001 tentang “Pemberantasan Tindak Pidana Korupsi” (UU Tipikor) telah menjadi dasar hukum utama untuk menangani tindak pidana korupsi. Namun, setalah disahkannya Kitab Undang-Undang Hukum Pidana (KUHP) Nasional pada tahun 2023 justru berdampak pada penegakan hukum tindak pidana korupsi karena perbedaan sanksi yang mencolok. Penelitian bertujuan untuk memperbandingkan sanksi dan potensi implikasi dari penerapan KUHP Nasiona terhadap penegakan hukum di Indonesia. Penelitian ini menggunakan metode penelitian normatif dengan dua pendekatan yakni pendekatan perundang-undangan dan pendekatan perbandingan. Temuan menujukkan bahwa sanksi yang terdapat dalam KUHP Nasional ringan dibandingkan sanksi yang diatur dalam UU Tipikor dan hal ini berpotensi untuk menjadi celah dalam mekanisme penegakan hukum. Kata Kunci: Hukum, Korupsi, Pidana, Sanksi, KUHP Nasional.]]>
<![CDATA[The Fate of Indigenous Peoples' Rights Recognition After the Enactment of the National Criminal Code ]]>
<![CDATA[Sunardi Purwanda]]>;
<![CDATA[Nurul Asyikeen Binti Abdul Jabar]]>;
<![CDATA[Rudini Hasyim Rado]]>;
<![CDATA[Nurul Miqat]]>
<![CDATA[ Indonesian Journal of Criminal Law Studies Vol. 9 No. 2 (2024): Indonesia J. Crim. L. Studies (November, 2024) ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/ijcls.v9i2.36636
<![CDATA[This recognition requires further regulation through a Government Regulation and serves as a procedural requirement for being acknowledged as indigenous peoples. The purpose of this article is to provide us an overview of how the recognition requirements for indigenous peoples as outlined in legislation, both before and after the enactment of the Criminal Code. Additionally, it examines the struggles of indigenous peoples in Ecuador, who have organized themselves into indigenous groups to fight for the rights that have been taken away from them. This research employs a statutory approach, a comparative approach, and an interdisciplinary approach in law commonly referred to as socio-legal research. As a result of this, indigenous peoples often find themselves in a weak position relative to the dominant authority of the state. The government needs to provide political recognition affirming that indigenous peoples are equal legal subjects with the state and possess the capacity to act legally to represent their interests as indigenous groups. With the enactment of the National Criminal Code set for 2026, this recognition may pave the way for indigenous peoples to become equal parties when engaging with the state in matters of customary criminal law. Additionally, the indigenous movement in Ecuador serves as a significant point of reflection. Their ability to unite indigenous peoples and nations under a national framework has profoundly influenced the political and legal landscape.]]>
<![CDATA[The Transformation of Gender Roles within the Family: A Socio-Legal Study on the Responsibilities of Husbands and Wives ]]>
<![CDATA[Wiwin, Wiwin]]>;
<![CDATA[Purwanda, Sunardi]]>;
<![CDATA[Sabir, Muhammad]]>
<![CDATA[ Jurnal Litigasi Amsir 2025: Special Isu (September-Oktober) ]]>
Publisher : <![CDATA[Faculty of Law Andi Sapada Institute of Social Sciences and Business ]]>
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<![CDATA[Social, economic, and cultural developments in Indonesia have significantly transformed family structures and relationships, particularly in the distribution of responsibilities between husbands and wives. Although Indonesian positive law primarily through Law No. 1 of 1974 on Marriage as amended by Law No. 16 of 2019, and the Compilation of Islamic Law (KHI) continues to affirm the husband as the head of the household and the wife as the homemaker, social realities indicate a shift toward more egalitarian family relations. The central issue of this study concerns how Indonesian family law accommodates social change and the transformation of gender roles without undermining the principles of justice and equality within the family. This research employs a normative legal approach combined with statutory and socio-legal perspectives, analyzed using a qualitative descriptive-analytical method. The findings reveal that Indonesian family law remains grounded in a patriarchal paradigm that positions men as dominant figures in the household. However, from a socio-legal and feminist legal perspective, there has been a noticeable shift in values and social practices toward gender equality in familial roles. This phenomenon has created a legal gap between normative frameworks and social realities, necessitating reinterpretation and reform of family law to ensure its responsiveness to substantive justice and gender equality principles. Therefore, family law in Indonesia should be reoriented toward an egalitarian and relational partnership paradigm that recognizes husbands and wives as equal legal subjects in rights, duties, and familial responsibilities.]]>
<![CDATA[Customs Law Enforcement on Exports and Imports: An Empirical Study in Indonesia ]]>
<![CDATA[Arkam Musa]]>;
<![CDATA[Sunardi Purwanda]]>;
<![CDATA[Muhammad Darwis]]>;
<![CDATA[Muhammad Sabir]]>;
<![CDATA[Muhammad Akbar Fhad Syahril]]>
<![CDATA[ YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 21 No. 3 (2025): December ]]>
Publisher : <![CDATA[Faculty of Law, Merdeka University Surabaya, Indonesia ]]>
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DOI: 10.55173/yurisdiksi.v21i3.346
<![CDATA[Law enforcement in the field of customs is an important element in maintaining the country's fiscal interests and economic sovereignty. This study aims to analyze the effectiveness of customs law enforcement in export and import activities, identify the factors contributing to export–import smuggling, and examine the preventive and repressive measures implemented by customs authorities. This article combines a normative legal approach with empirical support sourced from the Directorate General of Customs and Excise (DJBC) and the Parepare Customs and Excise Supervision and Service Office (KPPBC). The focus of the research includes the effectiveness of customs law enforcement, the factors causing the smuggling of export-import goods, and the preventive and repressive strategies applied. The results of the analysis confirm that although the legal framework is relatively comprehensive, implementation challenges—including limited institutional capacity, extensive territorial waters, and a low culture of compliance—hinder the effectiveness of law enforcement. Recommendations include strengthening human resources, implementing risk management, increasing inter-agency cooperation, and enhancing efforts to recover state losses.]]>
<![CDATA[Analysis of Liability Models in the Juvenile Justice Drama Series from a Criminal Law Perspective ]]>
<![CDATA[Prayudi]]>;
<![CDATA[Purwanda, Sunardi]]>;
<![CDATA[Sabir, Muhammad]]>;
<![CDATA[Tijjang, Bakhtiar]]>;
<![CDATA[Mannan, Khaerul]]>
<![CDATA[ Al-'Adl Vol. 18 No. 2 (2025): Al-'Adl ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Kendari ]]>
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<![CDATA[Juvenile crime constitutes a complex legal phenomenon that cannot be separated from the influence of the social environment, particularly the involvement of adults surrounding the child. The television drama Juvenile Justice portrays juvenile crime not merely as an individual act, but as the result of power relations, neglect, and exploitation by adults who bear legal duties of supervision and protection. This study aims to analyze patterns of adult involvement in juvenile crime and to assess the relevance of the doctrine of vicarious liability from a criminal law perspective. Employing normative legal research with a qualitative approach, this study applies both conceptual and case-based approaches. The data were derived from primary and secondary legal materials, complemented by scene analysis of Juvenile Justice as an object of popular culture studies. The findings indicate that juvenile अपराध in the series is structurally connected to the role of adults, either through failures of supervision or through active involvement that facilitates the commission of criminal acts. The doctrine of vicarious liability is therefore considered relevant as a legal instrument for extending criminal responsibility to adult actors who make significant contributions to juvenile crime, without undermining the principles of legality and culpability. This study concludes that the application of vicarious liability may serve as a more just and proportionate alternative within the juvenile criminal justice system by allocating criminal responsibility in a balanced manner between child offenders and the adult actors operating behind the commission of the crime.]]>
<![CDATA[INTELLIGENCE ANALYSIS IN DETECTING THE POTENTIAL FOR SOCIAL CONFLICT IN PAREPARE CITY (CASE STUDY: THE DEVELOPMENT OF GAMALIEL CHRISTIAN SCHOOL) ]]>
<![CDATA[Latif, Asriyadi]]>;
<![CDATA[Sunardi Purwanda]]>;
<![CDATA[Muhammad Sabir]]>;
<![CDATA[Aksah Kasim]]>;
<![CDATA[Kairuddin]]>
<![CDATA[ Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 6 No. 1 (2026): Multidiciplinary Output Research For Actual and International Issue ]]>
Publisher : <![CDATA[RADJA PUBLIKA ]]>
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DOI: 10.5281/zenodo.18502745
<![CDATA[This study examines the role of police intelligence analysis in the early detection of potential socio-religious conflict, using the construction of Gamaliel Christian School in Parepare City as a case study. Employing a normative–empirical legal research method, the study analyzes relevant statutory regulations alongside empirical data obtained through interviews, observations, and document analysis conducted at the Intelligence and Security Unit (Satintelkam) of the Parepare Police. The findings reveal that the development project reflects a latent socio-religious conflict characterized by community resistance, religious identity sensitivity, and the politicization of development issues. The conflict was not solely driven by administrative or licensing disputes but was largely influenced by perceptions of injustice, social exclusion, and weak inclusive social communication. The study further finds that Satintelkam plays a strategic role in early conflict detection through information gathering, vulnerability mapping, and social engagement. However, the effectiveness of intelligence analysis remains constrained by limited cross-sectoral integration, insufficient utilization of intelligence assessments in local policymaking, and the lack of data-driven social intelligence approaches. This research contributes to the development of police intelligence studies by highlighting the importance of intelligence-based early warning systems and offering policy-oriented insights for sustainable socio-religious conflict prevention at the local level.]]>
<![CDATA[LEGAL STUDY ON THE VALIDITY OF AGREEMENTS MADE BASED ON FORGED DOCUMENTS OR LETTERS ACCORDING TO ARTICLE 263 OF THE CRIMINAL CODE ]]>
<![CDATA[Hasdar]]>;
<![CDATA[Sunardi Purwanda]]>;
<![CDATA[Muhammad Sabir Rahman]]>;
<![CDATA[Bakhtiar Tijjang]]>;
<![CDATA[Elvi Susanti Syam]]>
<![CDATA[ Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 6 No. 1 (2026): Multidiciplinary Output Research For Actual and International Issue ]]>
Publisher : <![CDATA[RADJA PUBLIKA ]]>
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DOI: 10.5281/zenodo.18552940
<![CDATA[This study aims to determine and analyze the legal regulations regarding the crime of forgery of documents or letters as regulated in Article 263 of the Criminal Code in the context of making agreements and a legal analysis of the validity of an agreement made based on forged documents or letters from the perspective of Article 263 of the Criminal Code and Civil Law. This research uses a normative research method with a legislative approach, a conceptual approach, and a comparative approach. The legal sources used are primary, secondary, and tertiary legal materials. The legal analysis will be conducted using a qualitative prescriptive approach. The results of this study are the Legal Regulations regarding the Criminal Act of Forgery of Documents or Letters as regulated in Article 263 of the Criminal Code in the context of making an agreement, namely Article 263 of the Criminal Code is classified as forgery of ordinary or general documents or letters and the criminal sanction is a maximum imprisonment of 6 years and the category of forgery related to agreements according to the provisions of Article 263 of the Criminal Code in legal activities can be in the form of Forgery of the signature of one of the parties in the agreement, Use of a false identity when making an agreement, Forgery of private deeds or authentic deeds (with the note that authentic deeds can also ensnare the notary if proven to be involved or if it involves officials or procedures for making deeds regulated by law) and Changes to the contents of the agreement unilaterally after it is signed and Legal Analysis of the Validity of an Agreement Made Based on Forged Documents or Letters According to the Perspective of Article 263 of the Criminal Code and Civil Law, namely in Article 263 of the Criminal Code does not automatically determine the validity or nullity of the agreement. However, a criminal decision stating that there is forgery of a letter can be used as strong evidence in a civil process to cancel or declare the agreement invalid and declare the invalidity of the forged document or letter regarding the agreement. Meanwhile, in the provisions of Civil Law, if the conditions in Article 1320 of the Civil Code do not comply with the agreement in which there is a forged letter or document, it is invalid and null and void by law, but it is not automatically void and must be canceled and decided by the court.]]>
<![CDATA[LEGAL ANALYSIS OF LEGAL PROTECTION OF THE RIGHTS OF CHILD VICTIMS OF EARLY MARRIAGE ]]>
<![CDATA[Fadlan]]>;
<![CDATA[Muhammad Sabir Rahman]]>;
<![CDATA[Sunardi Purwanda]]>;
<![CDATA[Bakhtiar Tijjang]]>;
<![CDATA[Kairuddin Karim]]>
<![CDATA[ Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 6 No. 1 (2026): Multidiciplinary Output Research For Actual and International Issue ]]>
Publisher : <![CDATA[RADJA PUBLIKA ]]>
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DOI: 10.5281/zenodo.18640380
<![CDATA[This study aims to determine and analyze the positive legal regulations in Indonesia regarding the protection of the rights of children who are victims of early marriage and the forms of legal protection for children who are victims of early marriage. This research uses a normative research method with a legislative approach and an analytical approach. The legal sources used are primary, secondary, and tertiary legal materials. The legal analysis will be conducted using a qualitative prescriptive approach. The results of this study are Positive Legal Regulations or Those Applicable in Indonesia Regarding the Protection of the Rights of Children Who Are Victims of Early Marriage, namely Law No. 16 of 2019 concerning Marriage (the latest age of marriage is 19 years old, strict supervision and assessment of dispensation requests and children's opinions must be heard in marriage dispensation requests), Law No. 35 of 2014 concerning Child Protection (the maximum age of children is 18 years old, affirmation of children, protected children's rights, parental obligations to prevent early marriage and special protection mechanisms as well as recovery mechanisms and criminal sanctions, especially for parents who force children to enter into early marriage) and Law 12 of 2022 concerning Criminal Acts of Sexual Violence (forced marriage is sexual violence and recovery of children's rights if in early marriage the child becomes a victim according to the provisions of this Law) and Forms of Legal Protection for Children Who Are Victims of Early Marriage, namely preventive legal protection (minimum age of 19 years for marriage and the obligation to prevent by parents and the state), repressive legal protection (legal and criminal responsibility for parents or parties who force marriage, the existence of sexual violence and exploitation in early marriage), legal protection in the form of restoration and fulfillment of rights and protection of administrative and civil law (tightening and accuracy in granting marriage dispensations and marriage annulments).]]>
<![CDATA[EFFECTIVENESS OF RESTORATIVE JUSTICE IMPLEMENTATION IN RESOLVING ORDINARY CRIMINAL CASES AT BARRU DISTRICT POLICE ]]>
<![CDATA[Syamsul Bahri]]>;
<![CDATA[Muhammad Natsir]]>;
<![CDATA[Aksah Kasim]]>;
<![CDATA[Sunardi Purwanda]]>;
<![CDATA[Muhammad Sabir]]>
<![CDATA[ Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 6 No. 1 (2026): Multidiciplinary Output Research For Actual and International Issue ]]>
Publisher : <![CDATA[RADJA PUBLIKA ]]>
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DOI: 10.5281/zenodo.18639169
<![CDATA[This study examines the effectiveness of restorative justice in the resolution of general criminal offenses at Polres Barru within the framework of criminal law enforcement in Indonesia. The research employs a normative legal research method, focusing on the analysis of statutory regulations, legal principles, and doctrinal perspectives, particularly Law Number 2 of 2002 on the Indonesian National Police, Law Number 1 of 2023 on the Criminal Code, and Regulation of the Chief of Police Number 8 of 2021 concerning the handling of criminal cases based on restorative justice. The study applies statute and social approaches to assess the consistency and effectiveness of restorative justice implementation at the investigative level. The findings indicate that restorative justice has contributed to improved legal effectiveness by promoting victim recovery, offender responsibility, and social reconciliation, while also enhancing procedural efficiency. However, its implementation faces challenges related to regulatory clarity, law enforcement discretion, and uniformity of application. This study concludes that strengthening normative guidelines and institutional capacity is essential to ensure the sustainable and equitable application of restorative justice in criminal law enforcement.]]>
<![CDATA[LEGAL PROTECTION FOR VICTIMS OF HUMAN TRAFFICKING THROUGH THE MICHAT APPLICATION IN BARRU REGENCY ]]>
<![CDATA[Andi Muh. Fadli A]]>;
<![CDATA[Muhammad Natsir]]>;
<![CDATA[Elvi Susanti Syam]]>;
<![CDATA[Sunardi Purwanda]]>;
<![CDATA[Muhammad Sabir]]>
<![CDATA[ Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 6 No. 1 (2026): Multidiciplinary Output Research For Actual and International Issue ]]>
Publisher : <![CDATA[RADJA PUBLIKA ]]>
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DOI: 10.5281/zenodo.18600246
<![CDATA[This study aims to analyze the legal protection provided to victims of sexual violence in human trafficking crimes (Tindak Pidana Perdagangan Orang or TPPO) within the Indonesian legal framework. Sexual violence as a form of exploitation in human trafficking represents a severe violation of human rights that undermines the dignity and safety of its victims. Using a normative juridical approach, this research focuses on the examination of legal instruments, including Law No. 21 of 2007 concerning the Eradication of the Crime of Human Trafficking, Law No. 12 of 2022 on the Crime of Sexual Violence, and related provisions in the Criminal Code (KUHP). The study highlights that legal protection for victims of sexual exploitation under TPPO encompasses preventive, repressive, and rehabilitative measures. However, implementation remains constrained by weak law enforcement, lack of coordination among institutions, and inadequate victim recovery mechanisms. Findings indicate that strengthening victim-centered legal frameworks, ensuring comprehensive rehabilitation, and improving access to justice are crucial to achieving substantive protection for victims. This research contributes to a better understanding of how Indonesia’s criminal law should evolve to provide holistic protection and justice for victims of sexual violence in human trafficking cases, aligning with international human rights standards.]]>
