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All Journal Dinamika Hukum Masalah-Masalah Hukum LAW REFORM Arena Hukum UIR LAW REVIEW INDONESIAN JOURNAL OF CRIMINAL LAW STUDIES Al-'Adl Jurnal Hukum Volkgeist Jurnal Hukum Positum Jurnal Restorative Justice Pena Justisia: Media Komunikasi dan Kajian Hukum Media Iuris Pangadereng : Jurnal Hasil Penelitian Ilmu Sosial dan Humaniora JUSTISI Indonesia Private Law Review Amsir Law Jurnal (ALJ) YURISDIKSI : Jurnal Wacana Hukum dan Sains Multidiciplinary Output Research for Actual and International Issue (Morfai Journal) Pancasila and Law Review Locus Journal of Academic Literature Review Jurnal Litigasi Amsir Jurnal Hukum Pelita SEIKAT: Jurnal Ilmu Sosial, Politik dan Hukum DIKTUM: JURNAL SYARIAH DAN HUKUM Jurnal Marital: Kajian Hukum Keluarga Islam Innovative: Journal Of Social Science Research Priviet Social Sciences Journal Primagraha Law Review RESLAJ: Religion Education Social Laa Roiba Journal Amsir Community Service Journal Journal of International Islamic Law, Human Right and Public Policy Indonesian Journal of Criminal Law Studies Ipso Jure
Sunardi Purwanda
Fakultas Hukum, Institut Ilmu Sosial Dan Bisnis Andi Sapada.
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LEGAL ANALYSIS OF LEGAL PROTECTION OF THE RIGHTS OF CHILD VICTIMS OF EARLY MARRIAGE Fadlan; Muhammad Sabir Rahman; Sunardi Purwanda; Bakhtiar Tijjang; Kairuddin Karim
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 6 No. 1 (2026): Multidiciplinary Output Research For Actual and International Issue
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.18640380

Abstract

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).
EFFECTIVENESS OF RESTORATIVE JUSTICE IMPLEMENTATION IN RESOLVING ORDINARY CRIMINAL CASES AT BARRU DISTRICT POLICE Syamsul Bahri; Muhammad Natsir; Aksah Kasim; Sunardi Purwanda; Muhammad Sabir
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 6 No. 1 (2026): Multidiciplinary Output Research For Actual and International Issue
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.18639169

Abstract

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.
LEGAL PROTECTION FOR VICTIMS OF HUMAN TRAFFICKING THROUGH THE MICHAT APPLICATION IN BARRU REGENCY Andi Muh. Fadli A; Muhammad Natsir; Elvi Susanti Syam; Sunardi Purwanda; Muhammad Sabir
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 6 No. 1 (2026): Multidiciplinary Output Research For Actual and International Issue
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.18600246

Abstract

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.
"IMPLICATIONS OF ARTICLE 477 OF THE 2023 CRIMINAL CODE ON LAW ENFORCEMENT OF THEFT WITH COMPARATIVE ANALYSIS WEIGHTING WITH ARTICLE 363 OF THE OLD CRIMINAL CODE" Andi Herman Yusuf; Muhammad Natsir; Elvi Susanti Syam; Sunardi Purwanda; Muhammad Sabir
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 6 No. 1 (2026): Multidiciplinary Output Research For Actual and International Issue
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.18465231

Abstract

The enactment of the 2023 Criminal Code (KUHP) brought significant changes to the regulation of the crime of aggravated theft, particularly through Article 477 of the 2023 Criminal Code, which replaced Article 363 of the old Criminal Code. This change is not only editorial in nature, but also has implications for the construction of criminal elements and law enforcement practices. This study aims to analyze the implications of the application of Article 477 of the 2023 Criminal Code on the enforcement of the law on aggravated theft and compare it with the provisions of Article 363 of the old Criminal Code. The research method used is normative legal research with a legal approach and a comparative approach, supported by primary, secondary, and tertiary legal materials. The results of the study indicate that there are differences in the regulation of aggravating elements and the systematics of punishment that have the potential to affect the investigation process, prosecution, and judges' considerations in issuing decisions. In addition, the implementation of Article 477 of the 2023 Criminal Code still faces challenges in terms of norm interpretation and the readiness of law enforcement officers. This study concludes that a comprehensive understanding and implementation guidelines are needed so that the implementation of the new provisions can guarantee legal certainty and the effectiveness of law enforcement against the crime of aggravated theft.
VILLAGE FUND CORRUPTION IN CENTRAL LOMPO VILLAGE, BARRU REGENCY: RESISTANCE TO SOCIO-ECONOMIC RIGHTS OF THE COMMUNITY Jumardin Jumardin; Sunardi Purwanda; Muhammad Sabir; Bakhtiar Tijjang; Khaerul Mannan; Andi Sri Rezky Wulandari; Ardiyanti Aris
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 6 No. 2 (2026): Multidiciplinary Output Research For Actual and International Issue
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.20281430

Abstract

This study analyzes corruption involving Village Funds in Lompo Tengah Village, Barru Regency, and proposes preventive measures for transparent and fair management. The objectives include identifying corruption forms and ideal prevention strategies. Using normative and empirical methods, primary data were gathered through observations and interviews, while secondary data came from literature. Findings indicate that corruption arises from weak supervision, low integrity of officials, poor governance, economic issues, and inadequate understanding of financial regulations. Effective prevention requires collaboration among village, community, and local government, with a focus on capacity building, public information transparency, and empowering institutions like the Village Consultative Body (BPD) and Village Consultative Meeting (Musdes). Implementing good governance principles—accountability, participation, and rule of law—is vital for achieving clean management of Village Funds that benefits the community.
LEGAL ANALYSIS OF THE CONTROVERSY OVER COPYRIGHT ROYALTIES FOR SONGS AND MUSIC IN INDONESIA Andi Musran; Muhammad Sabir; Sunardi Purwanda; Bakhtiar Tijjang; Aksah Kasim
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 6 No. 4 (2026): Multidiciplinary Output Research For Actual and International Issue
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.21882137

Abstract

This study aims to analyze the controversy surrounding song and music copyright royalties in Indonesia and identify the factors contributing to the suboptimal fulfillment of royalty rights for creators. The research method used is normative legal research with an analytical and comparative approach, comparing the royalty management systems in Indonesia with those in the United States. The results indicate that the main problems lie in the lack of transparency of the National Collective Management Institution (LMKN), a weak oversight system, and the suboptimal integrated song and music database. Furthermore, the Indonesian royalty management system still uses a collective approach, which is considered inefficient and does not provide fair legal certainty for creators. Meanwhile, the United States has implemented more transparent and flexible systems, such as direct licensing and technology-based management. This research contributes to providing recommendations for improving the royalty management system in Indonesia to make it more transparent, accountable, and equitable for all parties involved in the music industry.
CRIMINAL ACT OF CORRUPTION IN THE CONSTRUCTION OF THE WALEMPING RIVER BRIDGE, BARRU REGENCY Andi Harahap; Sunardi Purwanda; Khaerul Mannan; Bakhtiar Tijjang; Muhammad Sabir
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 6 No. 4 (2026): Multidiciplinary Output Research For Actual and International Issue
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.20031509

Abstract

This study aims to determine and analyze the application of the elements of the criminal act of corruption to the legal facts revealed in the trial of the Walemping River Bridge construction case based on Decision Number 42 / Pid.Sus-TPK / 2025 / PN Mks and to determine and analyze the legal basis for the judge's considerations in assessing state financial losses and determining the amount of punishment for the Defendant. This study uses a normative legal research type, with a case study approach to the Legal Analysis of the Corruption Crime in the Construction of the Walemping River Bridge in Barru Regency. The types and sources of legal materials use primary legal materials, secondary legal materials and tertiary legal materials. Data analysis is examined from a qualitative perspective. The results of the study show: 1) That the application of the elements of the criminal act of corruption to the legal facts revealed in the trial of the Walemping River Bridge construction case based on Decision Number 42 / Pid.Sus-TPK / 2025 / PN Mks has been effective. 2) That the basis for the judge's considerations in assessing state financial losses and determining the amount of punishment for the Defendant is by using the judge's legal logic, where in this decision it shifts from formal positivism (looking at what is written in the contract) to pragmatic/material positivism (looking at the facts of where the money flows and what the results are in the field).
A CRIMINAL LAW REVIEW OF CYBERBULLYING AS A FORM OF DIGITAL CRIME Giannini Oktobellini Henrik; Ardiyanti Aris; Lilis Suryani; Sunardi Purwanda; Phirer
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 3 (2026): September
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.21656955

Abstract

This study aims to analyze the qualifications of cyberbullying as a criminal act within the digital crime family and examine the effectiveness of positive legal regulations in Indonesia in ensnaring perpetrators. The research method used is a normative one with a statute approach and a conceptual approach. The data used is secondary data sourced from primary and secondary legal materials, which are then analyzed qualitatively. The results of the study indicate that cyberbullying has fulfilled the elements of a digital crime (cybercrime) and is regulated in several regulations, particularly the Electronic Information and Transactions Law (UU ITE) and the Criminal Code (KUHP). However, law enforcement still faces normative challenges, such as the interpretation of certain articles (rubber articles) and complex digital evidence. Regulation harmonization and a more specific formulation of crimes regarding cyberbullying are needed to provide legal certainty and optimal protection for victims.
The Transformation of Gender Roles within the Family: A Socio-Legal Study on the Responsibilities of Husbands and Wives Wiwin Wiwin; Sunardi Purwanda; Muhammad Sabir
Jurnal Litigasi Amsir 2025: Special Isu (September-Oktober)
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

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.
Analysis of the Legal Substance of Indonesia's Bilateral Investment Treaty (BIT): Balance of Rights and Obligations Based on National Interest Mira Nila Kusuma Dewi; Nurul Miqat; Sahlan; Sunardi Purwanda
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.5619

Abstract

This study aims to analyze Indonesia's Bilateral Investment Treaty (BIT) Law: Protection of National Interests and Balance of Rights and Obligations of Investors. This research is a type of normative research that will examine and analyze the Bilateral Investment Treaty which provides a balance between rights and obligations based on Indonesia's national interests. The data collection technique through primary legal materials, secondary and tertiary legal materials that have been collected is invertarily, processed and studied in depth so that an overview of the legal issues being studied is obtained. Data analysis is legal material that has been processed and then analyzed using qualitative methods with content analysis techniques. The results of this study conclude that Indonesia's BIT which is in force until now generally still uses the old BIT model which often causes problems with other parties in the agreement, one of which is a lawsuit through ICSID filed by investors from countries that are partners in the Agreement. Sometimes the value of claims sued by investors is sometimes too large to burden the state's finances. This is what encourages the Indonesian side to review the content of the BIT that has been made. Many BITs have been stopped and some have been amended to avoid an imbalance of rights and obligations between investors and the state. Indonesia's BIT that will be created or is currently in force can be amended by including clauses that contain human rights values, environmental protection, sustainability and economic benefits
Co-Authors A, Andi Fadli. Ahmad, Agil Akmal, Fikri Aulia Aksah Aksah Aksah Aksah Kasim Aksah Kasim Aksah Kasim Aksah Kasim Aksah Kasim Alvin Alvin Aminah Aminah Anatolijs Krivins Andi Harahap Andi Herman Yusuf Andi Muh. Fadli A Andi Muhammad Zulkifli Walinono Andi Musran Andi Musran Andi Sri Rezky Wulandari Andi Sri Rezky Wulandari Anisah Daeng Tarring Anugra Soraya Ardiyanti Aris Ardiyanti Aris Ardiyanti Aris Aris, Ardiyanti Arkam Musa Arni Asfendi Wijaya Abubakar Ashari, Rosa Ayu Asriadi Zainuddin Asriel Bigtan Asriyadi Latif Auliah Ambarwati Ayu, Ikra Azis, Muh Alfikram Bakhtiar Tijjang Bakhtiar Tijjang Bakhtiar Tijjang Bakhtiar Tijjang Bakhtiar Tijjang Bakhtiar Tijjang Baktiar Tijjang Betaubun, Restu Monika Nia Binti Abdul Jabar, Nurul Asyikeen Bustamin Daeng Kunu Delvi Paluaran Dermawan Tamir Diana Sri Susanti Dwi Indrawan Mustapa Eka Novianty Wahyuni Elvi Susanti Syam Elvi Susanti Syam Elvi Susanti Syam Elvi Susanti Syam Elvi Susanti Syam Fadlan Fatimah, Dian Giannini Oktobellini Henrik Haeria Hamid, Abd. Haris Hamidah T Hamidah T Handar Subhandi Bakhtiar Hartawati, Andi Hasdar Herman B Herman Balla Herman, Andi Herul Herul Johamran Pransisto Jumadi Jumadi Jumardin Jumardin Jumardin Jumardin Jumardin Jumardin Kairuddin Kairuddin Kairuddin . Kairuddin Kairuddin Kairuddin Karim Kairuddin Karim Kairuddin Karim Kamaruddin Kamaruddin Khaerul Mannan Khaerul Mannan Lia Trizza F.A Lilis Suryani Lilis Suryani Lis Setiawati Manga Patila Mannan, Khaerul Mira Nila Kusuma Dewi Mira Nila Kusuma Dewi Mokhammad Syahruddin Syamzah Muh. Akbar Fhad Syahril Muh. Darwis Muhammad Darwis Muhammad Darwis Muhammad Natsir Muhammad Natsir Muhammad Natsir Muhammad Natsir Muhammad Natsir Muhammad Rusdi Muhammad Sabir Muhammad Sabir Muhammad Sabir Muhammad Sabir Muhammad Sabir Muhammad Sabir Muhammad Sabir Rahman Muhammad Sabir Rahman Muhammad Sabir Rahman Muhammad Sabir Rahman Muhammad Sabir Rahman Muhammad Taufik Musran, Andi Mustawa, Mustawa Mutmainna Mutmainna Nafilah Amalia Nur Qalbi Putri Ramadhani Ahmad Nurhayati Mardin Nurul Asyikeen Binti Abdul Jabar Nurul Miqat Nurul Sapitri Sakir Pasande, Jhon Franklin Phirer Phireri Phireri Phireri Phireri Phireri Phireri Phireri, Phireri Pransisto, Johamran Prasisto, Johamran Prayudi Prayudi Prayudi Putri Ajeng Burhan Rafika Nur Rafika Nur Rafika Nur Rakhmat Alfian Abdillah Rezky Wulandari, Andi Sri Rudini Hasyim Rado Saharuddin Sahlan Sakir, Nurul Sapitri Saputra, Iswandy Rani suardi suardi Sukamto, Ika Sumiyarsi Syafrizal Syafrizal Syamsul Bahri Syukri Masse Tijjang, Bakhtiar Tri Astuti Ttriawan, Agung Wiwin Wiwin Wiwin Wiwin Wiwin Wiwin Wiwin Wiwin Wiwin Wiwin, Wiwin Yunus, Asrial Yunus, Muhammad Kemal Yuspita Syawaliah Zulfiani Syamsul