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All Journal Jurnal Dinamika Hukum Jurnal Media Hukum Jurnal Penelitian Hukum De Jure Jurnal Ilmiah Hukum LEGALITY DE LEGA LATA: Jurnal Ilmu Hukum Jambe Law Journal Kosmik Hukum ADLIYA: Jurnal Hukum dan Kemanusiaan Khazanah Hukum JIHAD : Jurnal Ilmu Hukum dan Administrasi Indian Journal of Forensic Medicine & Toxicology Jurnal Idea Hukum JHCLS Proceedings Series on Social Sciences & Humanities Journal of Law, Environmental and Justice Southeast Asian Journal of Victimology Amerta Jurnal Ilmu Sosial dan Humaniora Neoclassical Legal Review: Journal of Law and Contemporary Issues JILS (Journal of Indonesian Legal Studies)
Saefudin, Yusuf
Faculty Of Law, Universitas Muhammadiyah Purwokerto
Religion Arts Humanities Education Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Public Health Social Sciences Other

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Law Enforcement of Narcotics Cases in Anti Lodaya Operations by Kuningan Police Mulya, Agres Setia; Saefudin, Yusuf
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol 6, No 4 (2024): JIHAD : Jurnal Ilmu Hukum Dan Administrasi
Publisher : Lembaga Penelitian dan Pendidikan (LPP) Mandala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58258/jihad.v6i4.8155

Abstract

Drug abuse in Indonesia has become a serious problem that threatens the younger generation and the welfare of society. Narcotics, which come from plants or synthetics, have the potential to cause dependence and extensive negative impacts, both socially, economically and culturally. This research aims to analyze law enforcement against narcotics cases through Operation Antik Lodaya by Kuningan Police, which is a systematic effort in eradicating drug trafficking. The research method used is empirical juridical with descriptive analytical approach, relying on primary data from interviews and observations. The results show that Operation Antik Lodaya does not only focus on law enforcement, but also includes prevention and rehabilitation efforts for drug abuse. Despite this, the operation faced various obstacles, including organized crime networks and the risk of information leaks. Effective law enforcement requires synergy between law enforcement officials, the government, and the community to create a safe and drug-free environment. This research is expected to contribute in formulating more effective strategies in handling narcotics cases in Kuningan and surrounding areas.
Legal Protection for the Victims of Religious Hate Speech on the Internet Agus Raharjo; Yusuf Saefudin; Sonny Zulhuda
Kosmik Hukum Vol 23, No 2 (2023)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v23i2.18426

Abstract

Over recent decades, the boom in information and communication technologies (ICTs) has brought completely new ways of establishing and maintaining relationships. Nevertheless, in very different ways, people are vulnerable to multiple forms of violence that threaten their physical and psychological integrity. Various media and new technologies are explored, but particularly the Internet and mobile phones and the convergence between the two are discussed. The religious hate speech was easily found on the internet. The victims on certain social media can report it to the managers for blocked. But on some websites, such things cannot be done, so those who feel victimized ended up doing the same thing to the first attack. Cyberwar through words will continue without end. State responses alone will never be sufficient. This happens for several reasons. First, the possibility of anonymity; second, the rapidly growing anarchy in cyberspace as a form of culture wild-wild west; the third, still weak law enforcement in the field of cybercrime – especially religious hate speech; fourth, the possibility of committing crime outside the criminal jurisdiction of a country; and fifth, diminishing of tolerant awareness. There should be a criminal policy and strong in handling this crime, and growing healthy behaviors for Internet users to communicate with other users.Keywords: cybercrime; religious hate speech; internet; anonymity; anarchy.
Death Penalty and Right to Life: A Comparison between International Bill of Human Rights and Islam Mahdi Muhammad; Kem Nori Alfath; Yusuf Saefudin
Kosmik Hukum Vol 23, No 3 (2023)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v23i3.18390

Abstract

In human history, the death penalty is not a brand-new form of punishment. In early civilizations, it was known and widely used throughout the world. It was legalized in Codex Hammurabi. Contrary to its long history, the view changed radically after World War II. The abolition of it began to be propagated during the Universal Declaration of Human Rights (UDHR) formulation in 1948 due to respect for the right to life. Islam adheres to the fundamental principle that everyone has the right to life, but that does not mean there is no death penalty in Islam. In this research, the problem to be solved is whether the death penalty regulation, according to the International Bill of Human Rights and Islam, has accommodated the right to life. The purpose of it is to find out and analyze which death penalty regulatory regime is more accommodating to the right to life. This type of research is normative juridical research using secondary data consisting of primary and secondary legal materials. The approaches used are statute and comparative approaches. This research shows that the right to life is thoroughly accommodated in the Islamic death penalty regulation, while the abolition of it under the mandate of the International Bill of Human Rights, especially the Second Protocol to International Covenant on Civil and Political Rights, only accommodates the perpetrator right to life of the perpetrator by ignoring many people right who could potentially be taken away if they are not sentenced to death.Keywords: right to life, death penalty, Islam.
Tindak Pidana Kekerasan Seksual dan Perlindungan Hukum bagi Korban Kekerasan Seksual di Indonesia Yusuf Saefudin; Fatin Rohmah Nur Wahidah; Rahtami Susanti; Luthfi Kalbu Adi; Prima Maharani Putri
Kosmik Hukum Vol 23, No 1 (2023)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v23i1.17320

Abstract

This study aims to describe the various forms of acts that fall into the category of criminal acts of sexual violence. In addition, this research is directed to comprehensively examine what forms of legal protection for victims of sexual violence in Indonesia have been specifically regulated in Law No. 12 of 2022 concerning Criminal Acts of Sexual Violence. Therefore, this research is designed using the normative juridical method. Where the main data comes from laws and regulations, legal concepts related to sexual violence. The approaches used are statute approach and conceptual approach. The results showed, first, there are twelve types of sexual violence criminal offenses regulated in the TPKS Law. Second, Victims are entitled to Handling, Protection, and Recovery since the occurrence of Sexual Violence Crimes. Meanwhile, victims with disabilities are entitled to accessibility and reasonable accommodation for the fulfillment of their rights in accordance with the provisions of laws and regulations.Keywords: Legal Protection, Sexual Violence, Victims of Sexual Violence.
Defining Legal Boundaries of ‘Harm’ In Digital Expression in Indonesia and Thailand Situmeang, Ampuan; Saefudin, Yusuf; Sohheng, Nipon; Rusdiana, Shelvi; Alhakim, Abdurrakhman
ADLIYA: Jurnal Hukum dan Kemanusiaan Vol. 19 No. 1 (2025): ADLIYA : Jurnal Hukum dan Kemanusiaan
Publisher : Fakultas Syariah dan Hukum UIN Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/adliya.v19i1.44685

Abstract

The enforcement of digital conduct provisions is currently gaining more relevance. Indonesia and Thailand, as two countries with diverse socio-cultural and religious backgrounds, continue to struggle with ensuring that online conduct was within safe boundaries. However, ongoing efforts to regulate this situation raised numerous questions regarding the balance between freedom of expression and societal sensitivities, particularly in relation to how 'harm' was defined by individuals and the legal system. A normative legal study was conducted to analyze the relevant primary law sources from both countries and examined how ‘harm’ is defined by the Indonesian and Thailand legal system. The results showed that there was a significant disconnect between Indonesia and Thailand's diverse societies and how the legal system tried to balance competing interests. Legal provisions and enforcement also showed a strong focus on socio-cultural preservation that may inadvertently limit digital discourse.
The Application of Restorative Justice in Traffic Accidents with Child Perpetrators that Resulted in The Death of The Victim Susanti, Rahtami; Saefudin, Yusuf
Proceedings Series on Social Sciences & Humanities Vol. 14 (2023): Proceedings of International Conference on Legal Studies (ICOLAS 2023)
Publisher : UM Purwokerto Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/pssh.v14i.909

Abstract

The basic principle of restorative justice in the case of an accident that resulted in the death of the victim is the recovery of the victim's heirs who suffered from the death of the victim. The perpetrator's family and the victim's family make an agreement in the form of compensation to the victim's family. This research examines the settlement of traffic accident cases with the principle of restorative justice in Law Number 22 of 2009 concerning Road Traffic and Transportation and the application of the principle of restorative justice in the examination of cases in court in cases of traffic accidents committed by children resulting in death. The research method is normative juridical. The results showed that Law Number 22 of 2009 concerning Road Traffic and Transportation requires compensation to be given to the victim's family where in the perspective of restorative justice this is in line with the recovery of losses suffered by the victim's family. If the perpetrator is a child, the settlement uses diversion if there is an agreement between the parties. If no agreement is reached, the examination continues in court where the judge still prioritizes the principles of restorative justice in examining and passing a verdict.
Restorative Justice in The Settlement of Fraud Crimes in The Banyumas Police Criminal Investigation Unit Marsitiningsih, Marsitiningsih; Ningrom, Ira Citra; Saefudin, Yusuf
Proceedings Series on Social Sciences & Humanities Vol. 14 (2023): Proceedings of International Conference on Legal Studies (ICOLAS 2023)
Publisher : UM Purwokerto Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/pssh.v14i.911

Abstract

The settlement of fraud cases with restorative justice is an innovative step to follow the dynamics of the development of the legal world which began to shift from positivism to progressive. Restorative justice is an approach that focuses more on the conditions for the creation of justice and balance for the perpetrators of criminal acts and the victims themselves. The research method used is empirical juridical, namely legal research on the implementation of restorative justice in action in the settlement of fraud cases by the Banyumas Police Criminal Investigation Unit. The purpose of this research is to analyze the settlement of fraud crimes through restorative justice and to find out the obstacles in the settlement of theft crimes through restorative justice at Satreskrim Polresta Banyumas. The results showed that the Banyumas Police Criminal Investigation Unit resolved fraud cases using a restorative justice approach based on Police Regulation Number 8 of 2021 concerning Handling Crimes Based on Restorative Justice, namely by bringing together the perpetrator and victim and seeking to restore the losses suffered by the victim. The obstacles faced by Satreskrim Polresta Banyumas are that the victim does not want the involvement of outside parties in resolving his case and the inability of the perpetrator to fulfill the compensation requested by the victim, causing the settlement of fraud cases through restorative justice to fail.
Legal Protection of Abortion for Rape Victims Resmi, Herni Nursheta; Saefudin, Yusuf
Proceedings Series on Social Sciences & Humanities Vol. 14 (2023): Proceedings of International Conference on Legal Studies (ICOLAS 2023)
Publisher : UM Purwokerto Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/pssh.v14i.1012

Abstract

This study discusses: How is the legal review of the act of abortion as a result of rape based on Law no. 39 of 1999 concerning Health and its Relation to Human Rights, and how is the application of material criminal law by Judges to perpetrators of participation in the crime of abortion. The approach method used in this study is a normative juridical approach. The data collection method in this study was carried out by means of literature study. The data that has been collected, then processed and analyzed using qualitative methods. The results of this study can be concluded that: Rape victims experience unwanted pregnancies not only experience mental and psychological suffering, they also have to seek justice through legal means as a result of their abortions. The Indonesian Criminal Code strictly prohibits all forms of abortion. Whereas Law Number 36 of 2009 concerning Health provides confirmation of legal abortion arrangements, namely the result of medical emergencies and pregnancy as a result of rape. The perpetrator of the abortion as a result of rape is included in the category of unlawful acts or strictly regulated in Article 48 of the Criminal Code that no one can be punished by anyone who commits an act because he was forced by an urgent condition (overmacht). Human rights which are more specific to women's reproductive rights as part of women's human rights are guaranteed to be fulfilled in the Constitution of the Republic of Indonesia jo. Article 49 paragraph (3) of Law Number 39 of 1999 concerning Human Rights states that the special rights attached to women due to their reproductive function are guaranteed and protected by law. Children as victims of rape as well as perpetrators of abortion who are charged with imprisonment will have a negative impact on the mental growth and soul of the child. Based on criminal responsibility explained in the doctrine that the elements seen are the ability to be responsible, there is an element of error, there is no excuse for forgiveness. Rape victims as well as abortion perpetrators, who are clearly victims, instead receive unfair treatment when seeking justice. Children should receive guarantees for normal physical, mental and mental development. Settlement of cases against child victims of rape as well as perpetrators of abortion through the judicial process, the results will give a negative stamp to children as convicts who can adversely affect the community environment.
Legal Protection Fulfillment of the Rights of Child Victims of Sexual Violence Al-Amini, Inayatul Khaqu; Saefudin, Yusuf
Proceedings Series on Social Sciences & Humanities Vol. 14 (2023): Proceedings of International Conference on Legal Studies (ICOLAS 2023)
Publisher : UM Purwokerto Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/pssh.v14i.1031

Abstract

Children are part of the younger generation as one of the human resources who are the potential and successors of the nation's struggle ideals. Based on data from the Ministry of PPPA, there were also 8,478 cases of violence against women in 2021, of which 15 percent or 1,272 cases were cases of sexual violence. The problem of sexual violence in children is very concerning because of the tremendous negative impact experienced by children after the incident even after many years of the incident have passed. The recovery of child victims of sexual crimes is a complex issue in the psychological recovery of child victims. But unfortunately, the law in Indonesia is still only focused on how to provide punishment for perpetrators, but has not paid attention to how the physical and psychological condition of the victim. Therefore, it is necessary to formulate preventive (preventive) and curative (healing) measures carried out by all parties to be able to fulfill the rights of victims, especially physical and psychological trauma assistance. The purpose of this study is to determine how preventive and curative steps to assist physical and psychological trauma as a form of fulfilling the rights of child victims of sexual violence. The research method used is normative juridical, which is a type of legal research that uses research materials in the form of theories, concepts, legal principles, and legal regulations that concern the subject of research or in other words normative juridical research is research that uses sources from literature or secondary data. The results of this study are how preventive and curative efforts to assist physical and psychological trauma as a form of fulfilling the rights of children victims of sexual violence are appropriate and who can contribute to these efforts.
Criminological Review of the Crime of Sexual Violence Against Children (Case Study in Banyumas Regency) Muhammad, Imam Maulana; Saefudin, Yusuf
Proceedings Series on Social Sciences & Humanities Vol. 14 (2023): Proceedings of International Conference on Legal Studies (ICOLAS 2023)
Publisher : UM Purwokerto Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/pssh.v14i.1039

Abstract

This legal writing aims to examine factors in terms of Criminology of Sexual Violence Against Children handled by UPTD PPA Banyumas Regency. This research is included in the type of Normative research. This research uses secondary data. Secondary data is obtained through data on cases of sexual violence 2021 UPTD PPA banyumas district, books, scientific journals, and so on. The data collection technique used is literature study. The data analysis technique uses descriptive analysis. . Based on the results of the research, it can be obtained that the perpetrators of sexual violence against children must have committed their crimes due to the factors that cause crime, namely factors originating from within the perpetrator (internal factors) and factors from outside the perpetrator (external factors). From the data analysis, it was found that sexual violence against children was 86.84%, the gender of victims was dominated by women, 86.84%, the age of victims was dominated by 14-18 years old, 57.89%, the most common form of sexual violence was intercourse, 44.74%, victims of sexual violence were dominated by students, 76.32%, the most victims had a junior high school education, namely 44.74%, the relationship between the perpetrator and the victim was dominated by boyfriends and other people, namely 23.69%, the locus of sexual violence was most often found in the public domain, namely 57.89%, and the follow-up handling of sexual violence cases was mostly resolved by litigation, namely 84.21%.
Co-Authors Abdiyono, Pamuji Adi, Lutfhi Kalbu Agus Raharjo Al-Amini, Inayatul Khaqu Alhakim, Abdurrakhman Aminudin, Sifa Ardiansyah, Prasetyo Ari Setiawan Attamimi, Zeehan Fuad Bha’iq Roza Rakhmatullah Budiono, Budiono Chairul Huda, Chairul Fatin Rohmah Nur Wahidah Fazacholil, M. Ghufron Gamalel Rifqi Samhudi Ghani, Muhammad Yusuf Al Hardianto Djanggih Hardiman, Ferdianicko Maulana Hertanto, Iwan Hidayah, Astika Nurul I Desak Ketut Dewi Satiawati Indriati Amarini Ismail, Noorfajri Jayanti, Sri Mulyani Putri Kartini, Ika Ariani Kem Nori Alfath Luthfi Kalbu Adi Ma'ruf, Ma'ruf Mahdi Muhammad Marsitiningsih, Marsitiningsih Masrofah Masrofah, Masrofah Mohd Hassan, Fareed Muhamad Romdoni Muhammad Rustamaji Muhammad, Imam Maulana Mukarromah, Safitri Mulya, Agres Setia Ningrom, Ira Citra Nugroho, Daffa Jati Prima Maharani Putri Putri, Prima Maharani Raharjo, Agus Rahtami Susanti Rahtami Susanti Rena Yulia Resmi, Herni Nursheta Rusdiana, Shelvi Samhudi, Gamalel Rifqi Situmeang, Ampuan Sohheng, Nipon Sonny Zulhuda Supanto Supanto Suparto, Supanto Utomo, Prio Budi Tri Vanda Affan Widodo, Selamat