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All Journal JURNAL MAGISTER HUKUM UDAYANA Jurnal Mahasiswa Fakultas Hukum Brawijaya Law Journal : Journal of Legal Studies Arena Hukum Pembaharuan Hukum Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan INTERNATIONAL JOURNAL ON LANGUAGE, RESEARCH AND EDUCATION STUDIES Morality :Jurnal Ilmu Hukum Jambura Law Review Pena Justisia: Media Komunikasi dan Kajian Hukum Nurani Hukum : Jurnal Ilmu Hukum Abdimas: Jurnal Pengabdian Masyarakat Universitas Merdeka Malang Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences International Journal of Business, Law, and Education YURISDIKSI : Jurnal Wacana Hukum dan Sains International Journal of Educational Review, Law And Social Sciences (IJERLAS) Invest Journal of Sharia & Economic Law International Journal of Humanities Education and Social Sciences International Journal of Islamic Education, Research and Multiculturalism (IJIERM) Baileo: Jurnal Sosial Humaniora Asian Journal of Management, Entrepreneurship and Social Science
Setiawan Noerdajasakti
Faculty Of Law Universitas Brawijaya
Religion Aerospace Engineering Arts Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Neuroscience Social Sciences Other

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Pidana Mati dan Hak Hidup Sebagai Non derogable rights Di Indonesia Yang Berkepastian Hukum Kristanto, Kiki; Noerdajasakti, Setiawan; Nugraha, Satriya; Fransisco, Fransisco; Mugopal, Undang
MORALITY: Jurnal Ilmu Hukum Vol 10 No 1 (2024): Morality : Jurnal Ilmu Hukum
Publisher : Fakultas Hukum Universitas PGRI Palangkaraya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52947/morality.v10i1.624

Abstract

Ketentuan Pasal 4 UU No. 39 Tahun 1999 tentang HAM yang di dalamnya menyebutkan bahwa hak hidup merupakan non derogable rights secara horizontal bertentangan dengan KUHP dan sejumlah UU di luar KUHP yang mencantumkan ancaman pidana mati. Konflik norma ini mencerminkan tidak adanya relevansi di antara aturan yang memberlakukan pidana mati dengan aturan yang menyebutkan bahwa hak hidup adalah non derogable rights. Menanggapi adanya konflik norma tersebut, perlu dikaji pengaturan pidana mati dan hak hidup sebagai non derogable rights dalam perspektif ius constituendum. Jenis penelitian ini yakni penelitian Hukum normatif dengan metode pendekatan statute approach, historical approach, dan conceptual approach. Hasil dan pembahasan bahwa kedepan tentang pidana mati masih dipertahankan, sehingga perlu melakukan perubahan UUDN RI Tahun 1945 dengan menambahkan ketentuan pasal yang menyatakan bahwa pidana mati tidak bertentangan dengan hak hidup sebagai non derogable rights. Selain itu, dalam KUHP baru eksistensi pidana mati tetap dipertahankan, tetapi pengaturannya dilakukan secara khusus (eksepsional).
Juridical Analysis of Doctor's Criminal Liability in Medical Malpractice Cases Heru Cahjono; Prija Djatmika; Setiawan Noerdajasakti
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 2 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

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

Abstract

Medical malpractice is one of the crucial issues in the world of law and health because it involves patient safety and the criminal responsibility of medical personnel. In Indonesia, the complexity of proving the elements of negligence, the limitations of evidence, as well as the inconsistency between legal norms and professional ethics are the main challenges in enforcing the criminal liability of doctors. This study aims to analyse the criminal liability of doctors in medical malpractice cases, particularly the obstacles in proving the criminal element and its implications for criminal law reform in Indonesia. The approach used is normative juridical, through literature study, legislation, and analysis of court decisions. The results showed that proving the element of guilt in medical malpractice relies heavily on expert testimony and the judgement of professional institutions such as MKDKI and MKEK, which often leads to differences in legal interpretation. The case study of Tangerang District Court Decision No. 1324/Pdt.G/2021/PN.Tng highlights the weak integration between professional ethical mechanisms and the national criminal system. This research has implications for the need for regulatory reform through the establishment of a lex specialis regarding the criminal liability of medical personnel, as well as strengthening the application of restorative justice in medical dispute resolution. The originality of this research lies in the focus of juridical analysis on the obstacles to proving criminal elements and comparative application of law in the context of the Indonesian legal system, which so far has not been the main focus in the health law literature.
Strengthening institutional governance and fraud prevention in the management of village-owned enterprises Azna Abrory Wardana; Setiawan Noerdajasakti; Solehudin; Muhammad Najih Vargholy
Abdimas: Jurnal Pengabdian Masyarakat Universitas Merdeka Malang Vol. 10 No. 2 (2025): May 2025
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/abdimas.v10i2.15300

Abstract

Sumberkerang Village and Karang Pranti Village have tourist attractions that are then managed as joint tourist attraction business units. The results of field observations indicate that there is a lack of transparency in the management of BUMDes finances, as the BUMDes financial report is only accessible to the BUMDes chairman and treasurer. There is a lack of clarity in the description of duties between the BUMDes chairman and the Village Government. There is manipulative data on Village Original Income, especially income through BUMDes where income does not match reality. The method used is qualitative descriptive with data collection through interviews with several informants and discussion forums involved in BUMDes management, and providing training in BUMDes management that is more transparent and accountable. Efforts were made by providing training and mechanisms for BUMDes financial fraud prevention models by managing finances according to the regulations set, where each income must be recorded according to reality, and a Standard Operating Procedure for reporting BUMDes management is prepared. Further fraud prevention is carried out through weekly supervision by the BPD to ensure that BUMDes management is conducted according to existing systems and regulations. This service, through socialization and training for partners, can provide benefits so that they can carry out financial activities according to established regulations, and village communities can also participate in supervising BUMDes financial management.
INCONSISTENCY IN THE PROVISION OF RESTITUTION FOR VICTIMS OF SEXUAL VIOLENCE CRIMES IN LIGHT OF JUDICIAL DECISIONS IN INDONESIA David Mangaraja Lumban Batu; Setiawan Noerdajasakti; Faizin Sulistio
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 3 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i3.2816

Abstract

Indonesia, as a state governed by the rule of law, is committed to protecting human rights through the Criminal Justice System. One of the main challenges is the handling of sexual violence crimes. To this end, Law No. 12 of 2022 on Sexual Violence Crimes (UU TPKS) affirms the right to restitution for victims as part of their recovery. However, implementation in practice shows differences in judicial considerations and attitudes in determining restitution, despite its clear regulation in the law. This study aims to analyze the factors hindering the implementation of restitution for victims of sexual violence crimes, with a focus on cases carrying penalties exceeding four years. This research is expected to provide recommendations to enhance law enforcement compliance in fulfilling the obligation to provide restitution, thereby better protecting victims’ rights.
SENTENCING OF CHILD OFFENDERS UNDER 14 YEARS OLD IN CASES OF SEXUAL VIOLENCE AGAINST CHILDREN BASED ON THE PRINCIPLE OF THE BEST INTERESTS OF THE VICTIM Geraldo Gracelo Mario Situmeang; Setiawan Noerdajasakti; Abdul Madjid
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 3 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i3.2823

Abstract

The imposition of sanctions on child offenders under 14 years old in cases of sexual violence against children presents a legal dilemma between protecting the child offender and upholding the rights of the victim. Law No. 11 of 2012 on the Juvenile Justice System (Law on Juvenile Justice System) stipulates that children under 14 years old may only be subjected to measures, while Law No. 12 of 2022 on Sexual Violence Crimes (Law on Sexual Violence Crimes) emphasizes victim protection and recovery. This article examines the imbalance between these two regulations and analyzes the most appropriate sanctions based on the principle of the best interests of the victim. Using a normative juridical approach and case studies, it is found that while the Law on Juvenile Justice System aims to protect child offenders from the adverse effects of criminal sanctions, in cases of sexual violence against children, this approach risks neglecting victims’ rights. Therefore, a more flexible legal interpretation is needed to ensure that sanctions not only focus on the offender but also consider justice for the victim.
RATIO DECIDENDI IN DETERMINING RIGHTS TO RESTITUTION FOR CHILDREN AS VICTIMS OF RAPE Jessyca Fatmawaty Hutagalung; Setiawan Noerdajasakti; Faizin Sulistio
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 5 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i5.3764

Abstract

This study discusses the legal regulations and basis for judges' considerations (ratio decidendi) in determining the right to restitution for children as victims of rape. The granting of restitution is often inconsistent due to differences in judges' interpretations of applicable legal norms, particularly the Child Protection Law and the Law on Sexual Violence. This study uses a normative juridical method with a qualitative approach through a review of the Cikarang District Court Decision Number 225/Pid.Sus/2024/PN.Ckr and the Padang District Court Decision Number 327/Pid.Sus/2019/PN.Pdg. The results of the study indicate that the judges in both decisions based their restitution determination on the principles of protecting victims' rights, restorative justice, and comprehensive recovery for the victims' physical, psychological, and social losses. In the Cikarang District Court Decision, restitution was awarded in the amount of Rp 29,800,000 and Rp 15,183,000 to the two child victims, while in the Padang District Court Decision the restitution awarded was much larger, namely Rp 194,125,000 to the victim's parents. The difference in nominal values occurred due to differences in the details of the proof of losses and the lack of standard technical guidelines in calculating restitution. From these findings, it can be concluded that although restitution has been recognized as an inherent right of child victims, the practice of determining restitution remains diverse and has the potential to create legal uncertainty. Therefore, clearer synchronization of regulations and technical guidelines is needed to optimize the fulfillment of restitution and ensure the protection and restoration of victims' human rights.
THE PROBLEM OF MAXIMUM IMPRISONMENT TERMS FOR JUVENILES UNDER THE JUVENILE CRIMINAL JUSTICE SYSTEM ACT: A CASE ANALYSIS OF CONCURRENCE OF OFFENSES Bodro Aji Negoro; Setiawan Noerdajasakti; Abdul Madjid
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 2 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i2.4183

Abstract

The maximum imprisonment term of ten years for juveniles under Law Number 11 of 2012 on the Juvenile Criminal Justice System (UU SPPA) presents a serious dilemma when applied to cases with aggravating circumstances, such as recidivism or concurrence of offenses. Judicial practice has shown deviations from this provision, one of which is reflected in the Penajam District Court Decision Number X/Pid.Sus-Anak/2024/PN Pnj, which sentenced a juvenile offender to twenty years of imprisonment for premeditated murder and aggravated theft, where trial findings also revealed postmortem sexual assault on the victim’s body. This decision sparked normative debates on whether the judge had exceeded the statutory maximum penalty for juveniles as stipulated by law, or instead fulfilled the demand for substantive justice. The complexity of this issue becomes more pronounced in the context of globalization, where today’s juveniles experience accelerated cognitive and emotional maturity due to extensive exposure to technology and global interaction—conditions that differ significantly from those in 1989, when the Convention on the Rights of the Child set the maximum age limit for juveniles at eighteen years. Employing a normative-juridical method through statutory and case study approaches, this research analyzes the normative conflict between the UU SPPA and judicial practice, and identifies a legal vacuum that requires legislative reconstruction, particularly in formulating clearer sentencing guidelines for juveniles in cases involving aggravating circumstances.
REFORMULATION OF INDONESIA'S RESTORATIVE JUSTICE FRAMEWORK UNDER SUPREME COURT REGULATION NO. 1 OF 2024 Muhammad Hanif Ramadhan; Setiawan Noerdajasakti; Faizin Sulistio
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 5 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i5.4187

Abstract

The Indonesian criminal justice system is undergoing a paradigm shift from a retributive to a restorative approach, solidified by the enactment of Supreme Court Regulation Number 1 of 2024 concerning Guidelines for Adjudicating Criminal Cases Based on Restorative Justice. This regulation aims to provide a standardized framework for judges. However, its practical implementation reveals a tension between formal legal certainty and the pursuit of substantive justice. This research conducts a normative legal analysis to evaluate the adequacy of the conditions and mechanisms within the Supreme Court Regulation as a guide for judges. The study employs statute, conceptual, and case approaches, analyzing primary and secondary legal materials. The findings indicate that the rigid requirements stipulated in the regulation, such as the limit on criminal threats, along with ambiguities in exclusionary clauses like recidivism, are insufficient and often hinder the achievement of substantive recovery. Furthermore, the absence of explicit procedural mechanisms for penal mediation forces judges to rely on discretionary activism. This journal argues for a reformulated regulation that is more flexible and principle-based, proposing the inclusion of a discretionary gateway for judges, harmonizing recidivism rules with the new National Criminal Code, and institutionalizing penal mediation procedures to ensure the restorative process is substantive and consistent.
The Concept of State Financial Loss Recovery Reviewed from the Perspective of the Judex Factie Court's Considerations Zaldi Nasrudin; Setiawan Noerdajasakti; Milda Istiqomah
INTERNATIONAL JOURNAL ON LANGUAGE, RESEARCH AND EDUCATION STUDIES Vol 9, No 2 (2025): International Journal on Language, Research (Law) Education Studies
Publisher : State Islamic University of North Sumatra Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/ijlres.v9i2.25454

Abstract

Corruption causes measurable state financial losses, making restitution a critical component of Indonesia's criminal justice system. Although mechanisms such as restitution and asset forfeiture are regulated under the Corruption Eradication Law, their implementation faces significant obstacles, including limited technical provisions, difficulties in tracing the origin of assets, and reliance on court decisions with permanent legal force. This study employs a normative juridical method to examine the regulatory framework governing restitution and its effectiveness in recovering state assets. The findings reveal that the absence of clear standards for calculating and enforcing restitution hampers legal consistency and weakens the recovery process. The study concludes that a reformulation of restitution policy is essential to ensure legal certainty and to transform restitution into an effective tool for restoring real state losses.
Policing in the Shadows: Undercover Buying and the Social Construction of Legal Evidence in Indonesia’s Post-KUHAP 2025 Criminal Justice System Tubagus Heru Dharma Wijaya; Abdul Madjid; Setiawan Noerdajasakti; Lucky Endrawati
Baileo: Jurnal Sosial Humaniora Vol 3 No 3: May 2026
Publisher : Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/baileofisipvol3iss3pp705-722

Abstract

This study examines the sociological dynamics of undercover buying in Indonesia’s post–Criminal Procedure Code 2025 (KUHAP 2025) criminal justice system, focusing on the social construction of legal evidence through investigative practices. It addresses the tension between effective narcotics enforcement and the obligation to uphold due process and human rights. Moving beyond a purely normative legal perspective, the study analyzes how undercover buying operates as a social practice that shapes the production, interpretation, and legitimacy of evidence. A qualitative socio-legal approach is employed, integrating normative analysis of statutory frameworks with empirical data. Data are drawn from court decisions, legal documents, and case reports, complemented by in-depth interviews with law enforcement officers, prosecutors, and legal practitioners. Analysis is conducted interpretatively using a social construction framework to examine how evidence is produced and legitimized within institutional settings. The findings indicate that evidence derived from undercover buying is not inherently objective but emerges from interactions among investigators, suspects, and legal norms. The practice may blur the boundary between enforcement and the construction of criminal acts, particularly where entrapment or excessive intervention occurs. Despite strengthened procedural legality under KUHAP 2025, a gap remains between legal norms and implementation. This study offers novelty by conceptualizing undercover buying as a socio-legal practice that constructs legal reality. It contributes to Global South sociology of law and recommends clearer operational standards and community-based oversight to ensure accountable and rights-based criminal justice.
Co-Authors Abdul Madjid Abdul Madjid Abdul Madjid Abdul Madjid Abdul Majid Achmad Rilyadi Sholeh Achmad Rilyadi Sholeh Ahmad Siboy Ansori, Ansori Aria Perkasa Utama Ariyanto, Oos Arrum Maryana Azna Abrory Wardana Badrus Zaman Al Fikri Bambang Sugiri Bodro Aji Negoro Budimansyah David Mangaraja Lumban Batu Dewi Setyowati Fachrizal Afandi Fadel Ilato Fadhila, Kharisma Wulan Faizin Sulistio Faizin Sulistio Faizin Sulistio Faizin Sulistio Fatwa Azis Wicaksono Fransisco, Fransisco Geraldo Gracelo Mario Situmeang hakim, Ikhwanulhakim Halim, Darrell Putra Herman Suryokumoro Heru Cahjono Heru Cahjono Intan Khoirun Nisa' Iwan Permadi Jeffarel Hidayat Jessyca Fatmawaty Hutagalung Joko Cahyono Kiki Kristanto Krisna Adi Parama Artha Kristanto, Kiki Kurniaty, Rika Laksono Trisnantoro Lucky Endrawati Milda Istiqomah Milda Istiqomah Mugopal, Undang Muhammad Hanif Ramadhan Muhammad Najih Vargholy Muslim, Shohib Nugraha Ardi Setiawan Nur Chanifah Nurini Aprilianda Pakpahan, Alman P. Prija Djatmika Prija Djatmika Prija Djatmika Prija Djatmika Putri Carera Santi Romauli Simamora Rachmad Safa’at Ramadhani, Defi Sri Sunardi Rieya Aprianti Satriya Nugraha Solehuddin Solehudin Sugiri, Bambang Sulistio , Faizin Tubagus Heru Dharma Wijaya Yuliati Yuliati Zaldi Nasrudin Zhafirah, Carissa Tita