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All Journal Arena Hukum Varia Justicia Unes Law Review Pena Justisia: Media Komunikasi dan Kajian Hukum International Journal of Educational Review, Law And Social Sciences (IJERLAS) Sibatik Journal : Jurnal Ilmiah Bidang Sosial, Ekonomi, Budaya, Teknologi, Dan Pendidikan Jurnal Multidisiplin Madani (MUDIMA) Riwayat: Educational Journal of History and Humanities
Faizin Sulistio
Fakultas Hukum, Universitas Brawijaya, Malang, Indonesia
Religion Arts Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Physics Public Health Social Sciences Other

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JUDICIAL DISCRETION IN THE CRIMINAL JUSTICE PROCESS IN INDONESIA (A Study at the Cianjur District Court) Anissa Larasati; Faizin Sulistio; I Nyoman Nurjaya
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 1 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i2.2676

Abstract

The influence of public attention on the criminal trial process is currently affecting the judiciary under the Supreme Court of the Republic of Indonesia, where all layers of society consistently follow the development of news related to ongoing trials in specific legal jurisdictions. This article focuses on discussing the nature of public attention, emphasizing that it should not affect the judges' rulings in criminal cases, as well as the discretion of judges in formulating legal considerations in cases that attract public attention during the decision-making process. Our findings indicate that in making legal considerations for criminal case rulings, the panel of judges must always adhere to the formal procedural law established in the criminal trial process, reinforced by the application of the Indonesian Criminal Procedure Code, relevant criminal laws in the trial, and the Supreme Court regulations. The primary guidance for judges in formulating legal considerations for legal decisions must be based on at least two pieces of evidence proven during the trial, coupled with the conviction of the presiding judge, and supplemented by the judge's authority to exercise discretion in order to ensure clear and just resolution of the criminal case. In conclusion, we recommend that judges must continue to uphold their independence in making legal considerations and delivering sound legal judgments.
REFORMULATION OF THE PENAL MEDIATION ARRANGEMENT IN TRAFFIC OFFENSES Yudhi Darmansyah; Faizin Sulistio; Abdul Madjid
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 1 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i2.2693

Abstract

The implementation of penal mediation within the Indonesian legal system presents a promising alternative to traditional criminal proceedings, especially in cases involving traffic accidents caused by negligence. Penal mediation offers a non-litigation mechanism that prioritizes rehabilitation, the restoration of relationships between victims and offenders, and the promotion of peace. While traffic accidents cause significant harm to victims, involving them in the mediation process helps clarify the offender's responsibilities and provides an opportunity for restorative justice. Moreover, penal mediation can help prevent the negative consequences of imprisonment, which not only affects the offender but also their family and society at large. However, the absence of specific legislation governing penal mediation within the Criminal Justice System poses challenges, making it difficult for law enforcement officials to provide legal certainty in cases involving traffic violations under the Traffic Law. Therefore, it is essential for future reforms to address these gaps, ensuring that penal mediation can be effectively implemented in traffic accident cases to achieve more humane and restorative outcomes.
THE URGENCY OF FORMULATING LEGAL REMEDIES BY VICTIMS: A COMPARATIVE STUDY OF INDONESIA AND CHINA Utami Puspaningsih; Yuliati; 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.v5i3.2758

Abstract

Criminal legal remedies are regulated in Chapter XII of the Criminal Procedure Code, namely ordinary legal remedies and extraordinary legal remedies. The interests of victims of crime are represented by the Public Prosecutor, but unfortunately if the Public Prosecutor does not file a legal remedy against the verdict, then the victim cannot file a legal remedy and must accept the verdict. The purpose of this paper is to actualize the participation of victims in criminal justice. The method of this study was normative juridical approach with descriptive analytical specification. The stages of the study were literature research and comparison of legal systems with other countries. This research shows that the participation of victims in judicial practices has become a public concern in the international realm so that it is necessary to balance the roles of victims and defendants in the Indonesian legal system, especially in filing criminal law efforts. Therefore, there is a need for material testing to the Constitutional Court related to Article 50 to Article 68 of the Criminal Procedure Code.
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.
THE MEANING OF TWO VALID MEANS OF EVIDENCE IN DETERMINING A SUSPECTS IN THE PRE-TRIAL PROCESS Sultan Agung; Yuliati; 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.v5i3.2855

Abstract

The purpose of this study is to find out whether 2 (two) valid evidence is only based on the quality of the evidence or should the quality of the evidence; and analyze the difference between examining the quality of evidence and examining the subject matter at trial. The method of this research is normative juridical with conceptual, statutory and comparative approaches. The results of the study show that the proof of 2 valid evidence to establish a person as a suspect in the pretrial process does not focus on determining the material truth, but rather on procedural and formalistic aspects. Basing the decision on two pieces of evidence quantitatively can cause big problems for the judge so that in addition to having to pay attention to the amount of evidence, but also having to check the quality of the evidence as the principle of evidence in Perma Number 4 of 2016 emphasizes that the testing of the quality of this evidence must be carried out carefully and carefully, so that the legal process remains fair and does not harm the rights of the suspect.
REFORMULATING THE LEGAL STANDING OF INTERESTED THIRD PARTIES IN SUBMITTING PRETRIAL MOTIONS AGAINST THE TERMINATION OF INVESTIGATION OR PROSECUTION Enos Syahputra Sipahutar; Faizin Sulistio; Abdul Madjid
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 4 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i4.3142

Abstract

This article discusses the urgency and necessity of reformulating the scope of third parties with legal standing to file a pretrial motion against the termination of investigation or prosecution. The study is motivated by a pretrial case in which the petition was rejected on formal grounds regarding the petitioner's legal standing, despite substantive indications of injustice in the law enforcement process. This research adopts a normative juridical method using statutory, conceptual, and case study approaches. The findings indicate that the limited interpretation of “interested third parties” as provided by the Constitutional Court in Decision Number 98/PUU-X/2012 does not fully reflect the principle of justice. Therefore, a redefinition of the scope of third parties particularly including suspects/defendants/convicts in separate case files is necessary to ensure equal access to justice and prevent discrimination in legal proceedings.
THE URGENCY OF LEGAL REGULATIONS RELATING TO THE AUTHENTICATION OF EVIDENCE ELECTRONICS IN THE INDONESIAN CRIMINAL JUSTICE SYSTEM Fayadh Ayyasi Regar; Milda Istiqomah; 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.v5i5.3773

Abstract

This study aims to analyze the urgency of electronic evidence authentication in the Indonesian criminal justice system and formulate future legal regulations that provide legal certainty regarding the validity of electronic evidence. The research method used is a juridical-normative with a statutory and conceptual approach, which is based on a literature review of national regulations and international legal instruments such as the Budapest Convention. The results of the study indicate that the absence of provisions for electronic evidence authentication in the Criminal Procedure Code creates legal uncertainty and opens up opportunities for digital evidence manipulation in court. The discussion emphasizes the importance of digital forensics as a technical authentication mechanism to ensure the integrity, authenticity, and reliability of electronic evidence. In addition, the conformity of electronic evidence with the principles of relevance and legality is still not fully regulated in the criminal procedural law system. The conclusion of this study is that electronic evidence authentication needs to be immediately regulated firmly in legislation as a form of adaptation to developments in information technology to realize justice and legal certainty in the digital era
FORMULATION OF CRIMINAL LAW POLICY REGARDING NIHIL VERDICTS IN INDONESIAN CRIMINAL COURTS Hensi Septia Utami; Nurini Aprilianda; Faizin Sulistio
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 6 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i6.4091

Abstract

The verdict of acquittal in the application of law enforcement still has problems, namely the existence of a conflict of norms or a regulatory gap, whereby Article 193 of the Criminal Procedure Code "orders" judges to impose a sentence if the defendant is proven guilty. However, Article 67 of the Criminal Code, which refers to the types of basic penalties in Article 10 of the Criminal Code, "prohibits" the imposition of penalties if the defendant has already been sentenced to death or life imprisonment. This conflict of norms or regulatory gap creates a dilemma for judges in enforcing the law. This research is a normative type of research , using a statute approach, a conceptual approach, and a case approach, as well as primary, secondary, and tertiary law, and a prescriptive analysis method. This study discusses two main issues, namely the Regulation of Nil Verdicts in Indonesian Criminal Procedure Law and the Ideal Regulation Related to the Concept of Nil Verdicts in Indonesian Criminal Procedure Law in the Future.
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.v5i6.4187

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.
TREATMENT OF ELECTRONIC EVIDENCE AFTER A JUDGE'S DECISION WHICH HAS PERMANENT LEGAL FORCE IN CRIMINAL CASES Fanidia Tumanggor; Faizin Sulistio; Patricia Audrey
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 6 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i6.4362

Abstract

Advances in information and communication technology have significantly influenced legal developments, particularly in the area of ​​evidence in criminal justice processes. The use of electronic evidence as evidence in various criminal cases poses challenges related to the clarity and adequacy of the legal framework in Indonesia. This study aims to examine the extent to which Indonesian law accommodates the existence of electronic evidence and how judges determine its legal status and treatment after a criminal verdict has become final and binding. The study focuses on the question of whether it is sufficient to seize electronic data together with the electronic device or whether a normative separation between the physical device and the electronic data within it is necessary, as is the practice in the Netherlands and France. In this context, it is important to analyze whether existing legal provisions provide legal certainty and strike a balance between the interests of law enforcement and the protection of individuals' rights to personal data, information, and/or electronic documents contained in seized electronic devices. Through a normative juridical and comparative legal approach, this study finds that legal regulations in Indonesia do not specifically regulate the treatment of electronic data in court decisions. Therefore, regulatory reform is needed to ensure the protection of each individual's constitutional rights and strengthen the integrity of the evidentiary system in electronic-based criminal cases.
Co-Authors Abdul Madjid Aizahra Daffa Salsabilla Amalia Andayani Nugraha Anissa Larasati Bambang Sugiri Cindy Monique David Mangaraja Lumban Batu Dita Anggraini Sholikhah Djumikasih Enos Syahputra Sipahutar Fanidia Tumanggor Fayadh Ayyasi Regar Hanif Nur Widhiyanti Hensi Septia Utami I Made Bima Cahyadi I Nyoman Nurjaya Laxmi Mahavira Nitisari Milda Istiqomah Muhammad Hanif Ramadhan Nani Susilowati Nazura Abdul Manap Nurini Aprilianda Patricia Audrey Patricia Audrey Ruslijanto Reka Dewantara Roni Evi Dongoran Septianes Nora Kartika Setiawan Noerdajasakti Shilvi Grisminarti Stefanus Fernandus Pardosi Sultan Agung Utami Puspaningsih Yessika Florencia Yudhi Darmansyah Yuliati Yuliati Yuliati Yuliati