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All Journal LAW REFORM Yustisia Arena Hukum Rechtsidee JURISDICTIE Jurnal Hukum dan Syariah Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Jurnal Ilmiah Hukum LEGALITY Jurnal Selat Constitutional Review Jambe Law Journal International Journal of Business, Law, and Education Batulis Civil Law Review Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Klausula: Jurnal Hukum Tata Negara, Hukum Adminitrasi, Pidana dan Perdata Jurnal Hukum & Pembangunan Pandecta : Jurnal Penelitian Ilmu Hukum (Research Law Journal)
Prija Djatmika, Prija
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Arts Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Neuroscience Social Sciences Other

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The Sentencing of Insult and/or Defamation Cases in Indonesia Djatmika, Prija; Istiqomah, Milda
Arena Hukum Vol. 18 No. 2 (2025)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum2025.01802.7

Abstract

This study examines sentencing decisions in cases of insult and/or defamation by employing a mixed-method approach that combines quantitative and qualitative analysis. Quantitative analysis uses district court verdicts from 2016 to 2021 to identify patterns and trends in sentencing, while qualitative analysis delves into aggravating and mitigating factors in judges’ considerations. Compared to previous studies, conducted by Samudra (2019), Ziar (2022), Fatmawati, et al. (2023), Emaliawati (2024), and Nurbaeti (2025), the result of this study shows that most cases end with prison sentences and/or fines. Judges consider various factors such as the severity of the offence, the impact on the victim, and the defendant’s background. Interestingly, there were several cases, particularly those involving corporations, where judges imposed much harsher sentences than the prosecutor’s prosecution, indicating a unique dynamic in the application of justice. From the perspective of judicial independence theory, the judges should exercise their independence in interpreting legal norms and balancing between positive law and substantive justice. Judges are not merely “mouthpieces of the law”; they are active actors in assessing the moral value and social impact of the defendant’s actions. Meanwhile, based on the theory of punishment, the decisions reflect a retributive approach as a form of retribution for reprehensible acts, as well as a preventive approach, to deter perpetrators and the wider community. This study makes an important contribution to understanding the complexity of sentencing in cases of insult and/or defamation and highlights the need for more measurable and consistent sentencing guidelines.
Legal Policy of Disparity in Sentencing as a Ground for Judicial Review in Indonesia Corruption Cases Djatmika, Prija; Rahman, Wahbi; Wibowo, Dwi Edi; Weku, Robert Lengkong; Osman, Noor Dzuhaidah
Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 8 Issue 2 (2025) Volksgeist: Jurnal Ilmu Hukum Dan Konstitusi
Publisher : Faculty of Sharia, Universitas Islam Negeri (UIN) Profesor Kiai Haji Saifuddin Zuhri Purwokerto, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/volksgeist.v8i2.13287

Abstract

Article 263 paragraph (2) of Law Number 8 of 1981 concerning the Criminal Procedure Code limits the grounds on which a Judicial Review of a court decision may be filed. This limitation stems from the extraordinary nature of the Judicial Review, as it provides a mechanism to reopen a case that has obtained permanent legal force (inkracht van gewijsde). Errors in assessing the grounds for a Judicial Review can undermine the principles of legal certainty and justice, which are fundamental to the rule of law. This paper analyzes the use of sentencing disparity in corruption cases as a basis for Judicial Review, as recognized by the Supreme Court of Indonesia. The study employs a normative-descriptive research method. The findings indicate that sentencing disparity in corruption cases is multi-causal, suggesting that it does not always constitute a factual matter but may also involve legal considerations. The study concludes that determining sentencing disparity as an instance of judicial error in a Judicial Review must be conducted with due regard to the principle of judicial independence. Furthermore, with the issuance of Supreme Court Regulation No. 1 of 2020 concerning Sentencing Guidelines under Articles 2 and 3 of the Corruption Eradication Law, issues of sentencing disparity should ideally be resolved through ordinary legal remedies such as appeals or cassation.
Model of Supervision of Unregistered Community Organisations in Order to Realise Legal Certainty in Indonesia Dyanata, Nandu; Budiono, Abdul Rachmad; Anshari, Tunggul; Djatmika, Prija
Pandecta Research Law Journal Vol. 19 No. 1 (2024): June, 2024
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.vol19i1.4179

Abstract

As social creatures, humans have a tendency to live in society and organise their lives, which is guaranteed by the constitution, which provides guarantees for association and organisation. This freedom has implications where currently there are many community organisations that exist with various objectives, the existence of community organisations themselves in the country has been far more advanced in its work to empower the community. The problem is that CSOs currently have two forms, namely registered and unregistered, so there are problems in supervision. The variety of mass organisations gave birth to various groups, one of which was based on religious ideology, such as Hizbut Tahrir Indonesia (HTI) which was dissolved on 19 July 2017. The Law on Mass Organisations affirms the principles that must be used in the establishment of mass organisations, one of the prohibitions is that mass organisations must not conflict with Pancasila and the 1945 Constitution. However, there is no definite formulation regarding the indicators of being contrary to Pancasila or Anti- Pancasila. Various restrictions are displayed in the form of prohibitions that show the existence of the existence of a mass organisation law. However, the application of the law should have a balance of inherent matters, namely between rights and obligations.
Political Party Criminal Liability Models in Corruption Cases: A Comparative Analysis between Indonesia and France Ali, Hilmy Faidulloh; Djatmika, Prija; Yuliati, Yuliati; Istiqomah , Milda
Rechtsidee Vol. 14 No. 1 (2026): June
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v14i1.1103

Abstract

General Background Political parties occupy a central institutional position in democratic systems but are recurrently associated with corruption that benefits organisations collectively rather than solely individual actors. Specific Background Indonesia’s National Criminal Code recognises corporations as subjects of criminal liability, thereby opening doctrinal space for prosecuting political parties, while France has long applied legal person liability under Article 121-2 of the Code pénal, supported by strict political finance supervision. Knowledge Gap Despite normative recognition in Indonesia, political parties are rarely treated as corporate offenders in corruption cases, creating a gap between legal construction and enforcement practice. Aims This study analyses the construction of political party criminal liability under Indonesia’s National Criminal Code, examines the French model, and compares both systems to identify a more coherent liability framework. Results The findings show that Indonesia provides a broad normative basis for treating political parties as corporate criminal subjects but lacks clear implementing mechanisms, whereas France demonstrates a consolidated and operational model combining criminal liability with institutional financial oversight. Novelty This study offers a focused comparative analysis positioning political parties explicitly as corporate offenders within corruption law, highlighting structural rather than individual accountability. Implications The analysis underscores the need for clearer legislative articulation and strengthened institutional design in Indonesia to ensure that political parties benefiting from corruption can be held criminally accountable, drawing lessons from the French experience. Highlights: Indonesia’s criminal law framework recognises organisational responsibility but rarely extends prosecution beyond individual perpetrators. France applies legal person responsibility to political organisations through clear doctrine and dedicated financial supervision. Comparative analysis reveals institutional design as a decisive factor in enforcing accountability for corruption. Keywords: Corporate Criminal Liability, Political Parties, Corruption Offences, Indonesia, France
Political Parties and Trading in Influence: A Comparative Study from a Civil Law Perspective in Indonesia and Sri Lanka Ali, Hilmy Faidulloh; Djatmika, Prija; Yuliati, Yuliati; Istiqomah, Milda
Batulis Civil Law Review Vol. 7 No. 1 (2026): VOLUME 7 ISSUE 1, MARCH 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v7i1.3678

Abstract

Introduction: The phenomenon of trading in influence is a form of political corruption that is difficult to identify because it operates within the realm of power relations that do not always take the form of direct bribery. Political parties in the context of modern democracies often act as mediators between public and economic interests, making them potentially key actors in the practice of trading in influence.Purposes of the Research: This study aims to analyze the involvement of political parties in the practice of trading in influence and compare the effectiveness of regulations and law enforcement in Indonesia and Sri Lanka. Furthermore, this study examines the extent to which the civil legal systems in both countries are able to close legal loopholes that allow for covert political corruption.Methods of the Research: This research uses a normative legal method with a comparative approach, examining legislation, jurisprudence, and international documents related to political corruption. Secondary data was obtained through a study of academic literature, reports from anti-corruption agencies, and a comparative analysis of the implementation of the United Nations Convention Against Corruption (UNCAC) in both jurisdictions, namely Indonesia and Sri Lanka.Results / Main Findings / Novelty/Originality of the Research: The results show that Indonesia and Sri Lanka face similar challenges in enforcing laws against influence peddling due to weak regulations explicitly addressing the practice. However, Indonesia has shown progress in adopting the principles of the United Nations Convention Against Corruption (UNCAC), while Sri Lanka remains limited to an administrative approach without strong criminal sanctions.
Digital Press In The Era Of Disruption: Reconstructing The Legal Framework Toward Responsible Freedom Of Information In Indonesia Lukman, Dian Arlesti; Djatmika, Prija; Sugiri, Bambang; Yuliati, Yuliati
KLAUSULA (Jurnal Hukum Tata Negara Adminitrasi Dan Pidana) Vol 5 No 1 (2026): KLAUSULA (Jurnal Hukum Tata Negara, Hukum Adminitrasi, Pidana Dan Perdata)
Publisher : Universitas Islam kadiri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32503/klausula.v5i1.8867

Abstract

The era of digital technological disruption has structurally altered the press ecosystem in Indonesia. The presence of media entities operating online without established institutional infrastructure — academically termed "homeless media" — raises fundamental legal issues not yet adequately accommodated by Law Number 40 of 1999 on the Press. This research aims to analyze the legal framework for the digital press in Indonesia in the context of technological disruption, identify existing normative gaps, and formulate a legal framework reconstruction capable of realizing responsible freedom of information. This research employs a normative juridical method with four approaches: statutory, conceptual, historical, and comparative law. Comparative studies were conducted on the digital press regulatory systems of South Korea, the United Kingdom, Australia, and Germany. The findings identify five main normative gaps: (1) the absence of an inclusive definition of digital press legal subjects; (2) the inadequacy of online media verification mechanisms; (3) the weakness of digital journalist protection; (4) ambiguity in liability regimes; and (5) normative disharmony between the Press Law and the Electronic Information and Transactions Law (EIT Law). Legal reconstruction is required through a progressive legal paradigm that prioritizes the social function of the press over institutional formalism
Perilaku Polisi: Sebuah Pendekatan Interaksionis Djatmika, Prija
Jurnal Hukum & Pembangunan
Publisher : UI Scholars Hub

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Abstract

Abstract
Implementasi Undang-Undang Lalu Lintas Baru Djatmika, Prija
Jurnal Hukum & Pembangunan
Publisher : UI Scholars Hub

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Abstract
Discourse on the Death Penalty: A Study of Public Perceptions in Indonesia Djatmika, Prija; Istiqomah, Milda; Kurniawan, Heru
Yustisia Vol 13, No 1: April 2024
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v13i1.81938

Abstract

The current debate over the death penalty between the retentionist and abolitionist groups is addressed in Decision Number 2-3/PUU-V/2007 of Indonesia, establishing a middle ground. Originally, the death penalty was a primary punishment in the Old Criminal Code but is now reserved as a last resort in the New Criminal Code. Therefore, this research aimed to analyze public perspectives on the death penalty in Indonesia using mixed methods with data collection through questionnaires. The research showed continued contention over the regulation of the death penalty. A large percentage of participants expressed support for maintaining the death punishment, indicating a retentionist viewpoint. Nevertheless, quite a few of the participants supported the abolition. Indonesia should reconsider the regulation of the death penalty for certain offences as Malaysia, even though the punishment in the New Criminal Code was classified as an alternative sanction because the death penalty was an irreversible punishment.
Reforming Ethical Policing in Indonesia: Legal Protection for Conscientious Objection and the Duty to Disobey Unlawful Orders Riphat, Mohammad Fattah; Widagdo, Setyo; Djatmika, Prija; Madjid, Abdul; Risyawan, Alief
Jambe Law Journal Vol. 8 No. 2 (2025)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/5w3e5821

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In the context of police institutions in Indonesia, members of the police force are often faced with a dilemma when receiving orders from superiors that have the potential to violate the law. On the one hand, there is an obligation to uphold the law and protect human rights. The conflict raises legal questions about the extent to which police officers in Indonesia are protected when they refuse or disobey unlawful orders, based on the principles of the right to conscientious objection and the duty to disobey. This study uses normative legal research and comparative doctrinal analysis to examine the conceptual underpinnings of these principles and evaluate institutional practice. Through an analysis of international legal instruments, national regulations, relevant case studies, and selected comparative materials, this article concludes that these two principles are an integral part of the development of a democratic, accountable, and human rights-oriented police institution in Indonesia, and therefore deserve comprehensive legal protection.
Co-Authors Abdul Madjid Abdul Rachmad Budiono Ali, Hilmy Faidulloh Bakri, Moch Bambang Arjuno, Bambang Devianti, Dwi Nugrahayu Dhiana Puspitawati Didik Purnomo, Didik Dwi Edi Wibowo Dyanata, Nandu Heru Kurniawan Indriani, Raden Ine Sri Istiqomah , Milda Istislam Istislam, Istislam kawuryan, endang sri Lukman, Dian Arlesti Masruchin Ruba’i, Masruchin Milda Istiqomah Nurini Aprilianda Osman, Noor Dzuhaidah Priesty Yustika Putri, Priesty Yustika Rahman, Wahbi Rahmani Rahmani Rehulina Rehulina, Rehulina Riphat, Mohammad Fattah Risyawan, Alief robert lengkong weku Sari, Riski Diana Setyo Widagdo Sudarsono Sugiri, Bambang Sukarmi Sukarmi, Sukarmi Tunggul Ansari Setia Negara Wijayanti, Rizki Wiryanto Wiryanto Yuliati -