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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
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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The Role of Visum Et Repertum In Assisting The Direction Of Criminal Charges In Cases Of Assault Resulting In Loss Of Life In The Sleman District Prosecutor's Office Kurniansyah, Rahmat; Isnawan, Fuadi
JUNCTO: Jurnal Ilmiah Hukum Vol 6, No 2 (2024): JUNCTO : Jurnal Ilmiah Hukum DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/juncto.v6i2.3724

Abstract

The act of beating is a phenomenon that is difficult to disappear in social life. A written report made by experts or a Visum et Repertum is needed to find the perpetrators and the cause of the beating. Visum et Repertum play a crucial role in influencing the course of criminal prosecution in cases of battering by strengthening existing evidence. However, to increase its effectiveness as valid evidence in law enforcement, various technical and social challenges still need to be overcome. This study aims to determine the role of Visum Et Repertum in influencing the direction of criminal charges in cases of beating that resulted in loss of life at the Sleman District Attorney's Office and to find out the obstacles of law enforcement officials when making Visum Et Repertum as valid evidence in assisting the direction of criminal charges. The research method used is empirical juridical research, using a statutory approach. The data is arranged systematically and then analyzed descriptively and qualitatively. The results showed that the role of Visum Et Repertum in influencing the direction of criminal charges in cases of beating is to strengthen the evidence even though there is already witness testimony and testimony of the defendant. Visum Et Repertum is also able to provide clarity and grounds for the public prosecutor to increase his confidence to make a criminal charge. Meanwhile, the obstacles of law enforcement officials in making the Visum Et Repertum valid evidence are technical obstacles and also obstacles to rejection from the victim's family, where technical obstacles investigators must wait several days or weeks to get the results of the Visum Et Repertum since the victim was delivered.
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.
Analysis of the Indonesian Criminal Code's Respect for Animals Isnawan, Fuadi
Jurnal Hukum Magnum Opus Vol. 8 No. 1 (2025): Februari 2025
Publisher : Magister Ilmu Hukum Fakultas Hukum Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/jhmo.v8i1.11184

Abstract

his research delves into the intricate legal framework governing animal protection within the Indonesian Criminal Code, offering a thorough analysis of existing provisions aimed at ensuring animal welfare. Indonesia's commitment to humane treatment and ethical considerations in its legal system is underscored by several articles directly or indirectly addressing the welfare of animals. Employing a normative juridical approach, this study systematically examines the statutory provisions pertaining to animal welfare within the Indonesian Criminal Code. The findings illuminate the Indonesian Criminal Code as a robust legal framework that prioritizes respect, dignity, and compassion for animals. Article 302 serves as the cornerstone by establishing fundamental standards for humane treatment, reflecting intrinsic moral values deeply embedded within Indonesian societal norms. Complementing this, Article 409 addresses actions that incite animal aggression, thereby safeguarding both the physical and psychological well-being of animals. Article 540 further strengthens these protections by ensuring animals are shielded from excessive workloads and inhumane transportation practices, thereby addressing their rights and welfare comprehensively. Moreover, Article 541 specifically focuses on horses, mandating that they are not subjected to overwork and are treated with due consideration for their natural development and capabilities. Additionally, Article 544 regulates contentious activities such as cockfighting, aiming to maintain public order while upholding humane standards and preventing unnecessary suffering among animals. These provisions collectively demonstrate Indonesia's holistic approach to animal welfare, balancing societal needs with ethical imperatives.
Analysis of The Role of Bhabinkamtibmas To Maintain Security and Order In Sumbersari Village Sleman Isnawan, Fuadi
JUSTITIA JURNAL HUKUM Vol 8 No 2 (2024): Justitia Jurnal Hukum
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justitia.v8i2.23708

Abstract

Ensuring security and order requires both police efforts and community participation. In Tiwir Village, Sumbersari, Moyudan, Sleman, a person with a mental illness caused disturbances by stealing items and entering homes. The purpose of this study is to analyze the role of Bhabinkamtibmas in Sumbersari Village in maintaining community security and order amidst disturbances caused by individuals with mental disorders (ODGJ). The study focuses on identifying the efforts made by Bhabinkamtibmas to address these disturbances and the factors that hinder their effectiveness. The method used in this research is the empirical juridical method.The approach used in this research is a legal sociology approach. The result is Bhabinkamtibmas as the frontline of village policing, they ensure a constant presence, conduct monitoring, and engage persuasively with the community.. However, challenges arise from a lack of legal awareness among families of individuals with mental illness. This gap in legal knowledge impedes their ability to manage disruptive behaviors and exacerbates community tolerance of such disturbances. The resulting reluctance to address these issues effectively hinders Bhabinkamtibmas efforts in maintaining security and fostering community cooperation.
Protection of the Dignity of the Corpse: A Study on the Criminalization of Necrophilia Reviewed from the Maqashid Syariah Isnawan, Fuadi
KRTHA BHAYANGKARA Vol. 18 No. 3 (2024): KRTHA BHAYANGKARA: DECEMBER 2024
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v18i3.2682

Abstract

Necrophilia in Indonesia has not been specifically regulated in the law. This causes a legal vacuum to punish the perpetrators of necrophilia in Indonesia. this research focuses on examining maqashid sharia in the criminalization of necrophilia in Indonesia. The research method used is normative research method. the results show that in Islamic teachings, necrophilia is considered a serious violation of the honor of the corpse which is highly respected, equivalent to respect for the living. This act not only violates the honor of the corpse but also the principle of keeping private parts and sight, which is emphasized in Islam. Criminalizing necrophilia protects individuals from heinous crimes and preserves the moral and ethical values of society in accordance with maqasid al-shariah, which aims to protect human honor and posterity. In the Qur'an, Allah SWT strictly prohibits zina, including all forms of sexual relations outside the bonds of legal marriage, as in Surah Al-Isra' verse 32. Necrophilia, as a sexual perversion, is a grave violation of Islamic teachings that emphasize respect for the human body. This prohibition emphasizes the importance of private parts and morality in the context of marriage and Islamic moral values. Necrophilia tarnishes human dignity, disrupts social order, and violates sharia law and Islamic ethics. Maqāṣid al-syarī'ah includes five main principles: the preservation of religion, soul, mind, offspring, and property, all of which emphasize the importance of prohibiting and punishing practices that insult human dignity such as necrophilia. Criminalizing necrophilia is an important effort to preserve religious integrity, morality, and social justice, as well as protect human dignity and the stability of society.
Criminal Liability of Female Perpetrators of Sexual Harassment Against Minors Isnawan, Fuadi
Jurnal Ilmiah Dunia Hukum VOLUME 9 ISSUE 1 OCTOBER 2024
Publisher : PDIH Untag Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jidh.v9i1.4232

Abstract

This study aims to analyze the criminal liability of perpetrators of sexual harassment against dozens of male victims in Jambi City. The research method in this paper uses a normative juridical method that will examine the criminal liability of perpetrators of sexual harassment committed by women. In addition to this, it will also examine the role of psychiatric experts to determine the status of the ability to be responsible for the perpetrator of the crime. The results of this study indicate that it is necessary to fulfill several elements to say that the perpetrator is capable of being responsible according to the theory of criminal law and the Criminal Code. In addition, psychiatric experts play a role as expert testimony that can state whether the woman has a mental disorder or not because it is related to her ability to take responsibility. The researcher hopes that the paper can provide a better understanding of the criminal liability of female perpetrators of sexual abuse against underage boys and the role of psychiatric experts in these cases. The results of this research are expected to serve as a reference for law enforcement, child protection agencies, and the community in providing protection and justice for victims of sexual abuse, regardless of the gender of the perpetrator.
Analysis of the Justification for the Criminalization of Bestiality Based on Pancasila and the Morality of the Indonesian Nation Isnawan, Fuadi
Jurnal Ius Constituendum Vol. 10 No. 1 (2025): FEBRUARY
Publisher : Magister Hukum Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/jic.v10i1.10710

Abstract

This research explores the justification for criminalizing bestiality in Indonesia, emphasizing the moral and ethical values embedded in Pancasila. Triggered by the infamous case of an orangutan named Pony, subjected to sexual exploitation, the study highlights significant gaps in the Indonesian legal system. While Article 302 of the Criminal Code addresses physical abuse, it fails to explicitly criminalize bestiality, leaving such acts unregulated. Using a normative juridical method, the research integrates Pancasila’s principles of humanity, justice, and animal welfare as the moral foundation for legal reform. Pancasila promotes respect for all living beings, viewing bestiality as a violation of its core principles. The findings reveal significant enforcement challenges, including the private nature of the crime, the lack of witnesses, and the inability of animal victims to provide testimony. Forensic evidence, such as histopathology and DNA analysis, is critical but often hindered by limited training among law enforcement and veterinarians. Additionally, societal taboos and inadequate legal education exacerbate public unawareness of bestiality as a criminal offense. This study advocates for comprehensive public legal education, specialized training for law enforcement on forensic techniques and evidence management, and collaboration with veterinary experts to ensure effective enforcement. These measures aim to uphold animal welfare and align legal policies with Indonesian societal and ethical values
Analysis of The Role of Bhabinkamtibmas To Maintain Security and Order In Sumbersari Village Sleman Isnawan, Fuadi
JUSTITIA JURNAL HUKUM Vol 8 No 2 (2024): Justitia Jurnal Hukum
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justitia.v8i2.23708

Abstract

Ensuring security and order requires both police efforts and community participation. In Tiwir Village, Sumbersari, Moyudan, Sleman, a person with a mental illness caused disturbances by stealing items and entering homes. The purpose of this study is to analyze the role of Bhabinkamtibmas in Sumbersari Village in maintaining community security and order amidst disturbances caused by individuals with mental disorders (ODGJ). The study focuses on identifying the efforts made by Bhabinkamtibmas to address these disturbances and the factors that hinder their effectiveness. The method used in this research is the empirical juridical method.The approach used in this research is a legal sociology approach. The result is Bhabinkamtibmas as the frontline of village policing, they ensure a constant presence, conduct monitoring, and engage persuasively with the community.. However, challenges arise from a lack of legal awareness among families of individuals with mental illness. This gap in legal knowledge impedes their ability to manage disruptive behaviors and exacerbates community tolerance of such disturbances. The resulting reluctance to address these issues effectively hinders Bhabinkamtibmas efforts in maintaining security and fostering community cooperation.
Juridical Study of the Meme Phenomenon in Social Media Isnawan, Fuadi
Nagari Law Review Vol 8 No 3 (2025): Nagari Law Review
Publisher : Faculty of Law, Andalas University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/nalrev.v.8.i.3.p.486-503.2025

Abstract

This paper examines the role of forensic linguistics in identifying and analyzing memes that contain elements of defamation or insult on social media platforms. In the digital age, memes have become a prevalent form of communication, often blurring the lines between humor and harmful content. This study highlights how such memes can violate Indonesian law, specifically the Criminal Code and the Electronic Information and Transactions (ITE) Law, by spreading false information and damaging the reputations of individuals or entities. This research uses the normative legal research method. The result of this research is memes can indeed contain elements of defamation or insult, violating both the Criminal Code and the Electronic Information and Transactions (ITE) Law in Indonesia. The ITE Law, notably Article 27, paragraph (3), provides a progressive framework for addressing defamation and insult through digital media, imposing criminal penalties on those who intentionally and without rights to distribute, transmit, or make accessible defamatory or insulting content. This law is more effective in the digital age than the Criminal Code, as it acknowledges the rapid spread and broad reach of defamatory content on social media. Forensic linguists play a crucial role in these cases, interpreting whether a meme is defamatory or merely a joke. This distinction is vital as it determines legal consequences. If a meme contains defamation or insult, the perpetrator can face criminal sanctions; no liability arises if it is a harmless joke. Forensic linguists assess memes' context, intent, and impact, helping legal authorities understand the nuances of digital communication and ensuring that justice is served. Their expertise is vital in distinguishing harmful content from benign expressions, contributing to a fair judicial process, and protecting individuals and entities from undue harm while maintaining freedom of expression.
Penanggulangan Prostitusi Online Menggunakan Teori Kontrol Sosial Isnawan, Fuadi
Wajah Hukum Vol 9, No 1 (2025): April
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v9i1.1695

Abstract

The development of information and communication technology has brought significant changes in various aspects of human life, including in the social and sexual fields. One of the phenomena that has emerged due to technological advances is online prostitution, known as “Open Booking Order” (Open BO). This research aims to examine the Open BO phenomenon in the context of Indonesian criminal law, focusing on its impact on youth morality and public safety. This research uses normative legal research methods, with a statutory approach. The results show that tackling online prostitution must be done comprehensively, involving the government, security forces, and the active participation of the community to ensure the creation of a more just, safe, and dignified environment. Especially among adolescents, countermeasures require an approach that prioritizes attachment to family and the environment, affection, positive use of leisure time, and increasing faith and piety. Attachment to family and the environment such as peers and school can create a sense of security and emotional support that reduces the risk of deviant behavior. Support from family and community strengthens attachment, while involvement in positive activities helps adolescents fill their free time with useful activities. In addition, increasing faith and piety through religious guidance strengthens moral and spiritual values, guiding adolescents to avoid actions that go against religious teachings.
Co-Authors Fauzy, Rendi Rizaldi Fuadi Isnawan Idhun Fauzan Risalma Kurniansyah, Rahmat Widya Islami, Desita Nanda