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All Journal Jurnal Hukum Pelita
Joko Sriwidodo
Universitas Bhayangkara Jakarta Raya
Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Polwan dan Kekerasan dalam Rumah Tangga (KDRT): Analisis Kasus Pembakaran Suami Di Mojokerto Dari Perspektif Gender dan Hukum Novita Irene Wong; Joko Sriwidodo; Edi Saputra Hasibuan
JURNAL HUKUM PELITA Vol. 6 No. 1 (2025): Jurnal Hukum Pelita Mei 2025
Publisher : Direktorat Penelitian dan Pengabdian (DPPM) Universitas Pelita Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37366/jhp.v6i1.5527

Abstract

Cases of gender-based violence in the family (KDRT) continue to be an important issue because of its major impact. Gender stereotypes that consider men as perpetrators and women as victims often ignore the fact that women can also be perpetrators. This study uses a normative approach with an analysis of laws and regulations, cases, and literature studies to understand the influence of gender roles in KDRT and the application of the law to perpetrators who are members of the police. The results of the study indicate the need for inclusive legal reform and an understanding of gender equality to ensure equal legal protection for all victims. In cases of KDRT involving female police officers, the application of the PKDRT Law is more relevant because it regulates physical violence that causes death. Handling this case requires a transparent, fair, and objective legal process, regardless of the status of the perpetrator
Rekayasa Sosial dan Tanggung Jawab Hukum Negara dalam Program Kesehatan Ibu Anak-Keluarga Berencana Acep Wahyu; Joko Sriwidodo; R Lina Sinaulan
JURNAL HUKUM PELITA Vol. 6 No. 2 (2025): Jurnal Hukum Pelita November 2025
Publisher : Direktorat Penelitian dan Pengabdian (DPPM) Universitas Pelita Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37366/jhp.v6i2.6179

Abstract

This article examines how the state employs law as an instrument of social engineering in implementing the Maternal and Child Health and Family Planning (KIA–KB) program. Drawing on Roscoe Pound’s theory of law as a tool of social engineering, the study argues that law functions not merely as an administrative mechanism, but as a means of social transformation designed to build public awareness regarding reproductive responsibility, maternal and child health, and family welfare. The discussion is grounded in the constitutional and legal foundations of the state’s responsibility as enshrined in Article 28H and Article 34(3) of the 1945 Constitution, Law No. 36 of 2009 on Health, and Law No. 52 of 2009 on Population Development and Family Development. The analysis reveals that the KIA–KB program represents a form of state intervention in shaping social behavior, yet its implementation faces dilemmas between collective social objectives and individual bodily autonomy, gender justice, and moral and cultural values. Issues such as unequal distribution of contraceptives, coercive practices toward low-income women, and weak reproductive education reflect ethical deficiencies in the state’s legal responsibility. Therefore, the article emphasizes the need for a humanistic and rights-based model of legal responsibility that ensures distributive justice, respect for bodily autonomy, and gender equality in reproductive health services. The study concludes that the success of health law should not be measured by the extent of state control over population behavior, but by how effectively it safeguards human rights, social welfare, and substantive justice for all citizens
Kepastian Hukum Restorative Justice Sebagai Suatu Konsep Pemidanaan dalam Hukum Pidana Dihubungkan dengan Pembaharuan Hukum Pidana Indonesia Ronaldo Maradona Siregar; Joko Sriwidodo; R Lina Sinaulan; Andravirti Karita
JURNAL HUKUM PELITA Vol. 6 No. 2 (2025): Jurnal Hukum Pelita November 2025
Publisher : Direktorat Penelitian dan Pengabdian (DPPM) Universitas Pelita Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37366/jhp.v6i2.6300

Abstract

Restorative justice emerges as a sentencing paradigm that shifts orientation from retribution to the restoration of victims’ losses, offenders’ accountability, and social balance. Nevertheless, its implementation in the Indonesian criminal law system still faces fundamental challenges, particularly regarding legal certainty. The fragmentation of sectoral regulations, normative ambiguity, and the contradiction with the retributive paradigm in the old Criminal Code (KUHP) create inconsistencies in practice and weaken legal predictability. This research aims to analyze the gap between the principle of legal certainty (das sollen) and the practice of restorative justice (das sein), as well as to examine the urgency of integrating this concept into the structural sentencing system as part of Indonesian criminal law reform. The study applies a normative juridical method with statutory, conceptual, and case approaches, combined with qualitative analysis of primary and secondary legal materials and selected empirical case studies. The findings reveal that restorative justice has obtained normative legitimacy through several sectoral regulations (Perpol No. 8/2021, Perja No. 15/2020, Perma No. 1/2024), and explicit recognition in the new Criminal Code (Law No. 1/2023). However, its implementation still encounters challenges such as institutional ego, lack of professionalism among law enforcers, and the persistent gap between normative ideals and practical realities. Therefore, integrating restorative justice into the structural sentencing system is an urgent necessity to ensure harmony between justice, legal certainty, and legal utility in the reform of Indonesian criminal law
Narkotika dan Ancaman Terhadap Pembangunan Bangsa Sebuah Tinjauan Politik Hukum Telly Areska Putra; M.S Tumanggor; Joko Sriwidodo
JURNAL HUKUM PELITA Vol. 6 No. 2 (2025): Jurnal Hukum Pelita November 2025
Publisher : Direktorat Penelitian dan Pengabdian (DPPM) Universitas Pelita Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37366/jhp.v6i2.6326

Abstract

The Indonesian narcotics criminal justice system has evolved from a focus on punishment to rehabilitation, driven by concerns over the high rate of drug abuse. Law No. 35 of 2009 and the 2014 Joint Regulation clarify the separation of treatment between dealers (subject to criminal sanctions) and users/addicts (prioritized by rehabilitation). This situation has naturally sparked controversy regarding the ideal legal policy/criminal law in Indonesia for addressing the problem of drug trafficking. The research method used in this study is a normative juridical research method. The materials reviewed include primary, secondary, and tertiary legal materials. The results show that law enforcement policies for drug addicts and abusers are still primarily carried out through the courts. Therefore, efforts to fulfill the rights of drug addicts and abusers (who are considered victims) in the form of rehabilitation must go through a lengthy criminal procedure. In reality, addicts and abusers who go through the criminal process generally lose interest in treating themselves, because they have the view that it is useless to treat themselves if in the end they still have to go to prison later
Konsep Ideal Pengajuan Justice Collaborator dalam Pemeriksaan Perkara Tindak Pidana Korupsi: Konsep Silang Perkara, Mekanisme Hubungan Kontraktual dan Assesment Luqmanul Hakim; R Lina Sinaulan; Joko Sriwidodo
JURNAL HUKUM PELITA Vol. 6 No. 2 (2025): Jurnal Hukum Pelita November 2025
Publisher : Direktorat Penelitian dan Pengabdian (DPPM) Universitas Pelita Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37366/jhp.v6i2.6375

Abstract

A justice collaborator (JC) in Indonesia is a term for a criminal who is willing to cooperate with law enforcement to uncover larger, more organized criminal cases. JC status is regulated by Indonesian law and provides protection and rewards for those who qualify. The implementation of the role of justice collaborator (JC) in specific crimes, such as corruption, terrorism, and narcotics, has a deep background and rationale. This concept was born from the awareness that these crimes are often complex and organized, making them difficult to uncover using conventional law enforcement methods. On the one hand, in Indonesia, although the concept of justice collaborator has been adopted, several shortcomings are known, such as the lack of an assessment system for submitting witnesses who wish to cooperate with law enforcement, an assessment of the evidence and statements to be presented by witnesses, and an assessment of the rewards that witnesses deserve for their assistance and cooperation. The research method used in this study is a normative juridical research method. The materials reviewed are primary, secondary, and tertiary legal materials. The results of the study show that the concept of justice collaborator still has several shortcomings, including the lack of regulation of which institution has the authority to submit and determine the status of Justice Collaborator, the absence of regulations on cross-examination of witnesses in cases involving justice collaborators, the absence of a clear assessment system for the Justice Collaborator submission process, the evidence presented by Justice Collaborators, and the assessment of awards that Justice Collaborators deserve for their contribution in revealing cases, as well as the absence of regulations on contractual relations between law enforcement and Justice Collaborators
Co-Authors Acep Wahyu Andravirti Karita Edi Saputra Hasibuan Luqmanul Hakim M.S Tumanggor Novita Irene Wong R Lina Sinaulan Ronaldo Maradona Siregar Telly Areska Putra