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All Journal LAW REFORM Arena Hukum Rechtsidee JURISDICTIE Jurnal Hukum dan Syariah Pembaharuan Hukum Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Jurnal Ilmiah Hukum LEGALITY Jurnal Selat Constitutional Review JURNAL PEMBANGUNAN HUKUM INDONESIA International Journal of Business, Law, and Education International Journal of Educational Review, Law And Social Sciences (IJERLAS) IBLAM Law Review Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Klausula: Jurnal Hukum Tata Negara, Hukum Adminitrasi, Pidana dan Perdata Journal of Law and Legal Reform Pandecta : Jurnal Penelitian Ilmu Hukum (Research Law Journal)
Prija Djatmika, Prija
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Religion Arts Humanities Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science 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.
Policy Reformulation of Legal Protection for Cooperating Offender Witnesses (Justice Collaborators): A Case Study of Richard Eliezer Yoel, Veronika; Djatmika, Prija; Madjid, Abdul
Jurnal Pembangunan Hukum Indonesia Vol 7, No 2 (2025)
Publisher : PROGRAM STUDI MAGISTER HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/jphi.v7i2.164-178

Abstract

Proving a criminal act is the most crucial aspect of criminal law enforcement. Reflecting on the case of the premeditated murder of Brigadier Nofriansyah Yosua Hutabarat, which the main perpetrator and other perpetrators tried to cover up, one of the perpetrators, Richard Eliezer, took the courage to volunteer to become a Justice Collaborator. The problem arose when the legal protection given to a justice collaborator was not also given to his family. Based on this issue, this study aims to discuss the issue of legal protection for justice collaborators and their families with a case study of Richard Eliezer and to examine the reformulation of legal protection for justice collaborators and their families in Indonesia. This study uses a normative juridical method. The results of the study show that, reflecting on the reality of legal protection for Richard Eliezer as a justice collaborator in case No. 798/Pid.B/2022/PN JKT.SEL, normatively, legal protection for the families of justice collaborators has not been clearly regulated, because the LPSK is passive in protecting the families of justice collaborators. The conclusion of this study is that the reformulation policy on protection for witnesses who cooperate (justice collaborators) in Indonesia, primarily consists of specific technical rules regarding the protection of justice collaborators and their families
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.
IMPLEMENTATION OF THE CONSTITUTIONAL COURT DECISION NUMBER 65/PUU-VIII/2010 IN THE CRIMINAL JUSTICE SYSTEM Ummi Khasanah Sitorus Pane; Abdul Madjid; Djatmika, Prija
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.v5i2.2623

Abstract

The Constitutional Court Decision Number 65/PUU-VIII/2010 provides a new meaning regarding witnesses in the Criminal Procedure Code, by recognizing witnesses as testimonium de auditu. Since the decision was pronounced, the Constitutional Court's decision has come into force and is binding on everyone, especially for the process of investigation, prosecution and trial in court. However, in practice, the Constitutional Court's decision is not followed by judicial bodies under the Supreme Court, in the concrete case of the decision of the West Pasaman District Court No. 191/Pid.Sus/2019/PN Psb which does not consider and decide based on the decision of the Constitutional Court which has become part of the criminal procedural law. In fact, the Constitutional Court Decision Number 65/PUU-VIII/2010 should be legally binding on all.
Prevention of the Corruption Crime through Administrative Enforcement Mechanism against Abuse of Authority Rahman, Wahbi; Sudarsono, Sudarsono; Djatmika, Prija; Madjid, Abdul; Rajamanickam, Ramalinggam
Journal of Law and Legal Reform Vol. 5 No. 4 (2024): Contemporary Issues on Law Reform in Indonesia and Global Context
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v5i4.1849

Abstract

The law regulates that abuse of authority that results in state financial losses is a criminal offence of corruption. Law 30 of 2014 concerning Government Administration regulates the accountability mechanism for discretion that falls into the category of abuse of authority which then causes state losses which can lead to the application of administrative sanctions as stipulated in Article 80 paragraph (4) of the Government Administration Law. Based on this, the researcher draws a theoretical problem regarding the Prevention of Corruption Through Administrative Enforcement Mechanisms against Abuse of Authority in the Form of Discretion that causes state financial losses using normative juridical legal research methods with a focus on discussions related to the application of systematic specialist principles in cases of abuse of authority that cause state financial losses as a concept. Where based on the research that has been carried out, it is known that with the development of applicable legal instruments, administrative enforcement against abuse of authority in the form of discretion that causes state financial losses can be used as an instrument to prevent the occurrence of a criminal act of corruption by using the principle that does not override each other,  meaning that if it can be resolved by administrative instruments then criminal law instruments are no longer applied, which is theoretically called the principle of Una-Via or ultra vires, meaning that if a case has been resolved administratively then the opportunity to resolve the case by other legal means is closed.
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
The Urgency of Regulating Asset Recovery at the District Attorney Level to Ensure the Exclusionary Rules Principle in Corruption Crimes Adhyaksa, Fredi Wahyu Putra; Djatmika, Prija; Afandi, Fachrizal
IBLAM LAW REVIEW Vol. 6 No. 1 (2026): IBLAM LAW REVIEW
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat (LPPM IBLAM)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52249/ilr.v6i1.641

Abstract

Corruption is categorized as an extraordinary crime that requires extraordinary measures. One important strategy is asset recovery to compensate for state losses. However, the absence of explicit regulations regarding the principle of exclusionary rules in Indonesian positive law has caused disharmony between theory and practice. Purposes of the Research: This study aims to analyze the implications of asset recovery regulations on the application of exclusionary rules in the enforcement of criminal acts of corruption. Methods of the Research: This study uses a normative juridical method with a legislative and conceptual approach, focusing on the analysis of regulations and the authority of the District Attorney's Office related to asset recovery. Results / Main Findings / Novelty/Originality of the Research:The results of the study show that the lack of regulations and SOPs at the District Attorney's Office level has the potential to weaken the legitimacy of law enforcement. This condition emphasizes the need for comprehensive regulations that explicitly include the principle of exclusionary rules. In addition, the establishment of an Asset Recovery Section in the District Attorney's Office is necessary to ensure effectiveness, legal certainty, and justice in combating corruption.
Hierarchical Authority of Indonesia’s Professional Disciplinary Board in Medical Malpractice: Ambiguity, Evidence, and Constitutional Legitimacy Cahjono, Heru; Djatmika, Prija; Noerdajasakti, Setiawan
Jurnal Pembaharuan Hukum Vol 12, No 3 (2025): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v12i3.49061

Abstract

Medical malpractice lies at the intersection of healthcare and criminal law. In Indonesia, Law Number 17 of 2023 on Health introduced the Professional Disciplinary Board (Majelis Disiplin Profesi/MDP), replacing the MKDKI and granting it expanded authority, including recommending criminal investigations. Article 308(1) requires a prior MDP recommendation before prosecution, positioning the MDP as a procedural gatekeeper while creating ambiguity over whether its examination is mandatory or discretionary.This study analyzes the hierarchical authority of the MDP in managing medical malpractice cases, focusing on the evidentiary challenges in proving criminal elements and their implications for criminal law reform. Using a normative juridical approach combining statutory, conceptual, and case analyses, the study finds that Article 308(1) creates a de jure mandatory MDP review requirement that operates as de facto discretionary, producing fundamental legal uncertainty, cases bypassing the MDP suffer from procedural invalidity concerns, evidentiary quality deficiencies due to loss of specialized technical review, and inconsistent judicial outcomes across different court levels, and the MDP's constitutional legitimacy as a pre-judicial gatekeeper is questionable due to insufficient procedural safeguards (14-working-day timeframe), unclear separation of powers between administrative and judicial functions, and violation of the lex certa (legal certainty) principle essential to criminal law
Co-Authors Abdul Madjid Abdul Madjid Abdul Rachmad Budiono Adhyaksa, Fredi Wahyu Putra Ali, Hilmy Faidulloh Bakri, Moch Bambang Arjuno, Bambang Devianti, Dwi Nugrahayu Dhiana Puspitawati Didik Purnomo, Didik Dwi Edi Wibowo Dyanata, Nandu Fachrizal Afandi Heru Cahjono Indriani, Raden Ine Sri Istiqomah , Milda Istislam Istislam, Istislam kawuryan, endang sri Masruchin Ruba’i, Masruchin Milda Istiqomah Nurini Aprilianda Osman, Noor Dzuhaidah Priesty Yustika Putri, Priesty Yustika Rahman, Wahbi Rahmani Rahmani Rajamanickam, Ramalinggam Rehulina Rehulina, Rehulina robert lengkong weku Sari, Riski Diana Setiawan Noerdajasakti, Setiawan Sudarsono Sukarmi Sukarmi, Sukarmi Tunggul Ansari Setia Negara Ummi Khasanah Sitorus Pane Wijayanti, Rizki Wiryanto Wiryanto Yoel, Veronika Yuliati -