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Prasetijo Rijadi
Universitas Bhayangkara Surabaya

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Penerapan Diversi Proses Penyidikan Anak yang Melanggar Hukum di Wilayah Pengadilan Negeri Surabaya Rizky Permana Putra; Prasetijo Rijadi
DE RECHT (Journal of Police and Law Enforcement) Vol. 3 Issue 3 (2025)
Publisher : Fakultas Hukum Universitas Bhayangkara Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55499/derecht.v3i3.348

Abstract

Protection of children in conflict with the law has been regulated under Law No. 23 of 2002 on Child Protection and Law No. 3 of 1997 on Juvenile Justice. However, its implementation in practice still faces various obstacles, particularly in handling children in conflict with the law. Diversion and restorative justice have emerged as alternative approaches for resolving juvenile cases, with the police serving as the primary investigator through the exercise of discretionary authority. This study aims to analyze the factors underlying the implementation of diversion, the strategic role of investigators in its implementation, as well as the obstacles and impacts that arise during the diversion process. The research employs both normative  and sociological juridical approaches to obtain an in-depth understanding of diversion practices. Primary data were obtained through in-depth interviews with police officers, correctional facility officers, NGO activists, and academics in the field of child protection, while secondary data were collected through a literature review of statutory regulations, books, journals, and various related literature. Data were analyzed qualitatively to provide a comprehensive overview of diversion practices within the juvenile criminal justice system in Indonesia. The research findings indicate that diversion can be implemented through the role of investigators, with the positive impact of restoring social relationships between victims and perpetrators. However, the implementation of diversion still faces structural and cultural barriers, including a lack of awareness among investigators and the public, as well as insufficient supporting facilities.
Penegakan Hukum Terhadap Selebgram yang Mempromosikan Situs Judi Online di Indonesia: Analisis Legal Normatif Inera Faren Arganesya; Prasetijo Rijadi
DE RECHT (Journal of Police and Law Enforcement) Vol. 3 Issue 1 (2025)
Publisher : Fakultas Hukum Universitas Bhayangkara Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55499/derecht.v3i1.384

Abstract

The widespread use of social media platforms by influencers as a medium for promoting online gambling sites has become a serious concern within Indonesia's digital legal landscape. This study aims to analyze the positive legal framework governing the criminal act of online gambling promotion by instagram influencers, examine the forms of criminal liability that may be imposed, and identify the obstacles encountered in law enforcement. This study employs a normative legal method by examining primary legal materials comprising relevant legislation and court decisions, as well as secondary legal materials including legal literature and academic journals. The findings reveal that the act of promoting online gambling is expressly prohibited under Article 303 of the Criminal Code and Article 27 paragraph (2) in conjunction with Article 45 paragraph (3) of Law Number 1 of 2024 on Electronic Information and Transactions (UU ITE), carrying penalties of up to 10 years imprisonment and fines of up to  10 billion Rupiah. Criminal liability may be imposed upon influencers where the elements of actus reus and mens rea are established, whether through intentional conduct (dolus) or negligence (culpa). Nevertheless, law enforcement remains constrained by several structural and technical obstacles, including cross-border and anonymous transactions, limited digital forensic capacity, rapidly evolving criminal methods, low legal literacy among influencers, and slow responses from digital platforms. Gustav Radbruch's legal certainty theory, the current enforcement framework against influencers who promote online gambling has yet to meet the standard of legal certainty envisioned by the law, necessitating regulatory synchronization, strengthened inter-agency cooperation, and improved public legal literacy to foster a more orderly and just digital ecosystem.
Co-Authors Inera Faren Arganesya Rizky Permana Putra