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All Journal FIAT JUSTISIA: Jurnal Ilmu Hukum Recidive : Jurnal Hukum Pidana dan Penanggulangan Kejahatan Proceeding International Conference on Digital Education and Social Science
Nabila Alinka Wibowo
Universitas Sebelas Maret
Computer Science & IT Economics, Econometrics & Finance Education Engineering Law, Crime, Criminology & Criminal Justice Social Sciences

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Human Rights Protection and Criminal Liability in the Smuggling of Indonesian Migrant Workers Anita Zulfiani; Muna Ganesya Arya; Nabila Alinka Wibowo; Tika Andarasni Parwitasari; Yussri Sawani
Fiat Justisia: Jurnal Ilmu Hukum Vol. 19 No. 2 (2025)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v19no2.4220

Abstract

This research examines the criminal liability of Indonesian migrant workers involved in migrant smuggling, whether intentionally or unintentionally, within the framework of human rights and criminal law. Using a doctrinal legal approach, the study finds that migrant workers, as victims of human trafficking, cannot be held criminally liable for smuggling since they are treated as objects of the crime, although they may still be accountable for other offenses under applicable law. Criminal liability rests with individuals or organized groups that profit from smuggling activities. The study emphasizes the need to protect the rights of Indonesian migrant workers and to prevent the criminalization of those who become victims of human trafficking.
School Bullying from a Criminal Law Perspective in Indonesia Anita Zulfiani; Nabila Alinka Wibowo; Tika Andarasni Parwitasari
Proceeding International Conference on Digital Education and Social Science Vol. 3 No. 1 (2025): Proceeding International Conference on Digital Education and Social Science 202
Publisher : Asosiasi Pengelola Publikasi Ilmiah (APPI) PT PGRI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55506/icdess.v3i1.175

Abstract

The growing incidence of bullying in schools causes physical and psychological harm to children and demands examination from multiple perspectives. This study analyzes bullying in the school environment from a criminal law perspective, examining how it can be classified as a criminal offense and how criminal liability is imposed on children who engage in bullying. The research employs a normative juridical method, drawing on statutory and conceptual approaches. The findings show that bullying may fulfill the elements of various criminal offenses, including defamation, slander, assault, fighting, group assault, offenses against decency, hate speech, threats of violence, discriminatory acts, and physical, psychological, and social violence, as well as indecent acts. These offenses are regulated in the Criminal Code, Law No. 1 of 2023 on the Criminal Code, the Law on Electronic Information and Transactions, and the Child Protection Law. The forms of criminal liability for children who commit bullying include: (1) settlement through restorative justice -implemented via diversion - that ensures the restoration of victims’ rights and a deterrent effect on perpetrators, where the offense is punishable by imprisonment of less than seven years and is not a repeat offense; and (2) main penalty and ancillary penalty for children aged 14, as well as a sanction in the form of a measure for children under 14 who commit crimes with a threat of less than 7 years. This study implies that a deeper understanding of the criminal law dimensions of bullying can enhance awareness and encourage more effective prevention and intervention in schools.
The In Dubio Pro Natura Principle in the Enforcement of Environmental Criminal Law in Indonesia: A Case Study of PT Kallista Alam Nabila Alinka Wibowo; Lucky Kresna Aji
Recidive : Jurnal Hukum Pidana dan Penanggulangan Kejahatan Vol 15, No 1 (2026): APRIL
Publisher : Criminal Law Section Faculty of Law Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/recidive.v15i1.117250

Abstract

This study examines the application of the principle of in dubio pro natura in environmental law enforcement in Indonesia, focusing on the PT Kallista Alam peatland fire case as reflected in Supreme Court Decision Number 651K/PDT/2015. Using doctrinal research methods through legislative, comparative, and conceptual approaches, this study analyzes the principle's position and its application by judges. The results of the study indicate that, although it has not been explicitly codified, the principle of in dubio pro natura is grounded in the precautionary principle in Article 2, letter f, of Law Number 32 of 2009 and in the constitutional mandate in Article 28H, paragraph (1). Its application has shifted the paradigm from anthropocentrism to ecocentrism. In the PT Kallista Alam case, amid uncertainty about the extent of irreversible damage, the panel of judges progressively prioritized scientific evidence indicating that the land fire reached 1,000 hectares. The judge then sentenced the corporation to pay material compensation and massive recovery costs. This cassation ruling legitimizes the principle of in dubio pro natura as a robust jurisprudential principle for ecosystem sustainability. Harmonization of regulations and standardization of technical guidelines are necessary to reduce disparities in future decisions. 
Co-Authors Anita Zulfiani Lucky Kresna Aji Muna Ganesya Arya Tika Andarasni Parwitasari Yussri Sawani