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All Journal Semarang State University Undergraduate Law and Society Review Indonesian Journal of Criminal Law Studies
Indah Sri Utari
Faculty of Law, Universitas Negeri Semarang
Law, Crime, Criminology & Criminal Justice

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Taking Restitution Seriously? Victim-Oriented Gaps in the Criminal Justice System Indra Ardiansyah; Anis Widyawati; Indah Sri Utari; Moh. Fadhil
Indonesian Journal of Criminal Law Studies Vol. 10 No. 1 (2025): Indonesia J. Crim. L. Studies (May, 2025)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v10i1.19636

Abstract

In cases of sexual violence, child victims have the right to seek restitution in alignment with their best interests. Although this right is enshrined in various regulations, in practice, victims face significant challenges in accessing it. For example, at the Kaimana District Court, out of 61 cases, only 1 case successfully accessed restitution. A critical examination of the obstacles faced by law enforcement officials in institutionalizing victim restitution is essential to bridging the gap between victims and the criminal justice system. This article explores the findings related to the failure of law enforcement officials to provide access to justice for victims of sexual violence at the Kaimana District Court. The research employs a qualitative approach, utilizing data collected through field research techniques such as in-depth interviews with judges, documentation review, and a literature study. Secondary legal materials are also analyzed to provide context to the findings. The study reveals that the failure to implement restitution at the Kaimana District Court stems from the prevailing paradigm within the criminal justice system, which prioritizes the retribution of the accused over the needs and rights of the victim. Another institutional challenge is the inaccessibility of the LPSK which is difficult for victims to reach. To address these issues, it is crucial to enhance the role of professional social workers in regional offices, who act as subordinates of the LPSK. Furthermore, the proactive involvement of judges in court is necessary to ensure the effective application of Regulation of the Supreme Court on Restitution.
Terrorism Financing Modus Operandi In Indonesia Ali Masyhar Mursyid; Muhammad Haidar Ghoni; Indah Sri Utari; Aprila Niravita; Muhammad Azzam
Indonesian Journal of Criminal Law Studies Vol. 10 No. 2 (2025): Indonesia J. Crim. L. Studies (November, 2025)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v10i2.29593

Abstract

The dynamics of radicalism and terrorism in Indonesia never cease. Even at the end of 2024, Densus 88 Antiterror arrested a number of perpetrators involved in various terrorist activities. This shows that radicalism and terrorism continue to develop through small cells that spread radical ideology. And, if we let our guard down, they will certainly carry out acts of terrorism using various schemes. To support these radical-terrorist activities, significant funding is required. There are at least two main channels: legal and illegal. Legal fund-raising by radical terrorist groups is carried out through certain disguised methods, such as donations, charity boxes, and some legal businesses. On the other hand, the illegal channel is known as "fai'," where they justify using methods such as robbery, theft, fraud, and others. Law Number 9 of 2013 on the Eradication and Prevention of Terrorism Financing Crimes serves as the legal basis for prosecuting terrorism financing activities. This study successfully uncovered various financing terrorism schemes. It was found in the field that radical groups still rely on legitimate businesses to fund their radical activities. In addition to conventional businesses, they utilise social media and virtual platforms to collect and transfer funds. They are more likely to use cryptocurrency, specifically Bitcoin, due to its anonymity and the difficulty in tracking it. Non-conventional methods such as cyber fraud in the form of investment scams, as well as cybercrimes like hacking websites and conducting other cyberattacks, can generate funds.
Environmental Criminal Law as a Tool for Ecological Protection: Interpreting the Constitution in the Context of Environmental Crimes Diandra Preludio Ramada; Ubaidillah Kamal; Indah Sri Utari
Semarang State University Undergraduate Law and Society Review Vol. 5 No. 2 (2025): July-December, 2025
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lsr.v5i2.30327

Abstract

This article comprehensively analyzes the Indonesian Constitution as a crucial foundation and solid bulwark for strengthening Environmental Criminal Law. Given the alarming global ecological crisis, characterized by massive deforestation, uncontrolled pollution, biodiversity loss, and excessive resource exploitation, reforming the criminal law framework to be adaptive, responsive, and progressive is urgent. This research firmly argues that the Constitution isn't just a general, declarative legal umbrella; it intrinsically embodies fundamental constitutional values and principles. These include every citizen's right to a good and healthy environment and the state's obligation to protect it, which must be actively interpreted, internalized, and expanded into all norms and practices of Environmental Criminal Law enforcement. Using a normative-juridical approach focused on analyzing legal texts, doctrines, and court decisions, this article systematically examines how in-depth constitutional interpretation and creative elaboration of principles can catalyze stronger, more comprehensive, and ecologically just environmental criminal regulations. The discussion identifies and critically analyzes structural and substantive weaknesses in current environmental criminal law enforcement, such as evidentiary challenges, weak sanctions, and limited scope of legal subjects. Furthermore, this article explores the Constitution's potential to legitimize overcoming these obstacles. This includes strengthening criminal sanctions for proportional deterrence, expanding the definition of environmental crimes to encompass new and complex ecological offenses, and enhancing more effective corporate accountability mechanisms. Ultimately, this article affirms that reforming and developing Environmental Criminal Law, firmly rooted in constitutional values and principles, is an absolute prerequisite for building a holistic and sustainable environmental protection system. This step is essential in preventing further ecological degradation, restoring the balance of nature, and effectively guaranteeing environmental rights for current and future generations.
Co-Authors Ali Masyhar Mursyid Anis Widyawati Aprila Niravita, Aprila Diandra Preludio Ramada Indra Ardiansyah Moh. Fadhil Muhammad Azzam Muhammad Haidar Ghoni Ubaidillah Kamal