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All Journal JURNAL MAGISTER HUKUM UDAYANA JURNAL MAHKAMAH JUSTITIA JURNAL HUKUM Ajudikasi : Jurnal Ilmu Hukum Jurnal Darussalam: Jurnal Pendidikan, Komunikasi dan Pemikiran Hukum Islam Al-Jinayah: Jurnal Hukum Pidana Islam Jurnal Ius Constituendum Nagari Law Review Jurnal Hukum Magnum Opus WAJAH HUKUM Jurnal Yuridis DIVERSI : Jurnal Hukum JUSTISI Jurnal Ilmiah Dunia Hukum KRTHA BHAYANGKARA JURNAL USM LAW REVIEW JUNCTO: Jurnal Ilmiah Hukum Journal Equity of Law and Governance Ius Poenale Jurnal Interpretasi Hukum Journal of Law, Poliitic and Humanities Fundamental : Jurnal Ilmiah Hukum LamLaj
Fuadi Isnawan, Fuadi
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Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Journal : JURNAL USM LAW REVIEW

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Analysis of the Classification of Crime of Sexual Intercourse with a Dead Body (Necrophilia) according to Anil Aggarwal in Indonesian Criminal Law Isnawan, Fuadi
JURNAL USM LAW REVIEW Vol. 7 No. 3 (2024): DECEMBER
Publisher : Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/julr.v7i3.9582

Abstract

This research critically examines Indonesian criminal law in addressing necrophilia's various manifestations, emphasizing the protection of deceased dignity and human rights. Using normative legal analysis, the study reveals that Indonesian criminal law provides partial coverage for necrophilia cases. Role Player necrophilia is addressed by Articles 6b and 12 of the TPKS Law, focusing on victim dignity and perpetrator sanctions. Romantic necrophilia, involving exhumation or corpse concealment, may fall under Criminal Code Articles 180 and 181, aimed at protecting the sanctity of the deceased. Necrophiliac Fantasizers, though not explicitly penalized, raise concerns due to the potential transition from fantasy to criminal acts. Tactile necrophilia is punishable under Articles 6b and 6c of the TPKS Law when physical abuse of corpses occurs. Additionally, Fetishistic necrophiles and Necromutilomaniacs who exploit corpses are subject to Criminal Code Articles 180 and 181. The findings indicate a need for legal reform, as current laws fail to comprehensively cover all necrophilia types, especially Romantic necrophilia and Necrophiliac Fantasizers. Furthermore, Homicidal and Exclusive necrophiles, committing extreme offenses, fall under Articles 338, 339, and 340, along with Article 6b and 180, addressing severe harm, murder, and corpse exploitation. This study’s novelty lies in categorizing necrophilia types within Indonesian law, highlighting gaps in legal protections. It recommends targeted legal amendments to ensure all forms of necrophilia are adequately recognized and prosecuted, thereby strengthening ethical and societal standards.
Community-Based Restorative Justice for Offenders With Mental Disorders in Indonesia Isnawan, Fuadi
JURNAL USM LAW REVIEW Vol. 8 No. 3 (2025): DECEMBER
Publisher : Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/julr.v8i3.12636

Abstract

This study analyzes the implementation of restorative justice in handling theft committed by individuals with mental disorders in rural Indonesia, focusing on its compatibility with human rights and social rehabilitation principles. The research was motivated by the recurring challenge of criminalizing mentally disordered offenders without adequate medical and social considerations, leading to ineffective deterrence and recurring offenses. Using a normative juridical method with a qualitative descriptive approach, the study examines statutory provisions, legal doctrines, and empirical practices involving the prosecution and correctional systems. The findings reveal that restorative justice offers an alternative framework that emphasizes accountability, rehabilitation, and social reintegration rather than punitive measures. However, its application remains inconsistent due to limited institutional understanding, a lack of coordination between law enforcement and mental health institutions, and inadequate legal infrastructure in rural areas. The novelty of this research lies in its integration of restorative justice with mental health protection as a model for humanizing criminal law enforcement. The study concludes that the restorative justice approach can effectively bridge the gap between criminal responsibility and medical treatment, thereby promoting a more humane, inclusive, and community-based justice system in Indonesia.
Co-Authors Fauzy, Rendi Rizaldi Fuadi Isnawan Idhun Fauzan Risalma Kurniansyah, Rahmat Widya Islami, Desita Nanda