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All Journal Dedikasi : Jurnal Ilmiah Sosial, Hukum, Budaya Pena Justisia: Media Komunikasi dan Kajian Hukum AL-Ishlah : Jurnal Ilmiah Hukum Jurnal Sosial dan Teknologi Journal of Lex Philosophy (JLP) Journal of Lex Generalis (JLG) EJOIN : Jurnal Pengabdian Masyarakat Ipso Jure
Elvi Susanti Syam
Magister Ilmu Hukum, Sekolah Tinggi Ilmu Hukum Pengayoman, Bone
Humanities Civil Engineering, Building, Construction & Architecture Economics, Econometrics & Finance Education Engineering Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Public Health Social Sciences Other

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A CRITICAL REVIEW OF THE APPLICATION OF WITCHCRAFT LAWS IN THE NEW CRIMINAL CODE (EXPLORING THE IMPLICATIONS OF ARTICLE 252 OF LAW 1 2023 AND ITS IMPACT ON THE JUDICIAL SYSTEM IN INDONESIA) Syam, Elvi Susanti; Jambak, Fachmi; Rustan, Ahmad; Herman, Herman; Mahka, Fachrur Razy
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.5412

Abstract

This study intends to assess the legal effects and effectiveness of the application of sanctions against witchcraft offenses under Article 252 of law no. 1 year 2023 in the social and legal setting in Indonesia. The study primarily concentrated on the regulation of witchcraft offenses within the new criminal legislation, the issues associated with proof, and the societal ramifications of enforcing these penalties. The study method adopted is normative legal method with descriptive-analytical approach. The data sources comprise main and secondary legal literature, encompassing statutes, books, scholarly journals, and pertinent articles. The findings indicate that while Article 252 of legislation 1/2023 establishes a legal foundation for activities concerning supernatural powers, the implementation of this article encounters significant obstacles, particularly with evidentiary requirements. The formal offense established in this article does not require proof of the manifestation of physical or mental repercussions, but rather stresses the declaration of the perpetrator who has supernatural powers. On the other hand, there is the potential for abuse of this item in society, which might generate horizontal disputes. The efficacy of sanction implementation relies on the accurate comprehension of its boundaries and objectives by law enforcement authorities and the public.
A Legal Study of The Crimes of Theft, Extortion, and Theft With Aggrevals in Criminal Responsibility Herman, Andi; Natsir, Muhammad; Syam, Elvi Susanti; Purwanda, Sunardi; Sabir, Muhammad
Ipso Jure Vol. 2 No. 11 (2025): Journal of Ipso Jure-December
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/v15q4j34

Abstract

This study aims to analyze the legal aspects of aggravated theft and the concept of criminal liability under Indonesian criminal law. Aggravated theft, as regulated in Article 363 of the Indonesian Criminal Code (KUHP), involves specific circumstances that increase the severity of the offense and consequently result in heavier punishment. The study examines the elements constituting aggravated theft, the factors considered in the determination of criminal responsibility, and the application of legal principles by courts in relevant cases. Using a normative juridical approach, the research employs a qualitative analysis of legislation, legal theories, and judicial decisions related to aggravated theft. The findings indicate that determining criminal liability in aggravated theft is not only based on the actus reus (the criminal act) but also on the mens rea (the criminal intent) of the offender. Furthermore, the study emphasizes the importance of proportional punishment to ensure fairness and justice in law enforcement. This research contributes to a deeper understanding of how Indonesian criminal law upholds justice in handling aggravated theft cases
PERLINDUNGAN HUKUM KORBAN KEKERASAN SEKSUAL TPPO A, Andi Fadli.; Natsir, Muhammad; Syam, Elvi Susanti; Tijjang, Bakhtiar; Purwanda, Sunardi
Ipso Jure Vol. 2 No. 11 (2025): Journal of Ipso Jure-December
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/2y17bx63

Abstract

This study aims to analyze the legal protection provided to victims of sexual violence in human trafficking crimes (Tindak Pidana Perdagangan Orang or TPPO) within the Indonesian legal framework. Sexual violence as a form of exploitation in human trafficking represents a severe violation of human rights that undermines the dignity and safety of its victims. Using a normative juridical approach, this research focuses on the examination of legal instruments, including Law No. 21 of 2007 concerning the Eradication of the Crime of Human Trafficking, Law No. 12 of 2022 on the Crime of Sexual Violence, and related provisions in the Criminal Code (KUHP). The study highlights that legal protection for victims of sexual exploitation under TPPO encompasses preventive, repressive, and rehabilitative measures. However, implementation remains constrained by weak law enforcement, lack of coordination among institutions, and inadequate victim recovery mechanisms. Findings indicate that strengthening victim-centered legal frameworks, ensuring comprehensive rehabilitation, and improving access to justice are crucial to achieving substantive protection for victims. This research contributes to a better understanding of how Indonesia’s criminal law should evolve to provide holistic protection and justice for victims of sexual violence in human trafficking cases, aligning with international human rights standards.
Regulation of “Bilik Asmara” in Indonesian Correctional Institutions Between Human Rights and Security Syam, Elvi Susanti; Hartawati, Andi; Purwanda, Sunardi
Ipso Jure Vol. 2 No. 11 (2025): Journal of Ipso Jure-December
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/jves7410

Abstract

The arrangement of conjugal visits or "romance rooms" for inmates in Indonesia is in a state of legal vacuum, leaving its implementation to the discretion of non-standardized correctional officers. This normative legal research aims to analyze these problems from the perspective of human rights (HAM) and state administrative law, as well as formulate proposed policy reformulation. Using legislative, comparative, and conceptual approaches, this study finds that current discretionary practices create legal uncertainty, inconsistencies, and are susceptible to abuse of authority, thus contradicting the General Principles of Good Governance (AAUPB). A comparative analysis of international jurisprudence (ECHR vs. the Italian Constitutional Court) and practice in different countries shows that although there is no absolute obligation, regulation-based conjugal visit arrangements are a global trend in support of rehabilitation goals. This study argues that the indefinite handover of authority to officers cannot be justified. As a solution, a policy reformulation model is proposed in the form of a Ministerial Regulation that comprehensively regulates principles, objective criteria, procedures, and accountability mechanisms. This regulation is recommended as a middle way to balance proportionately between the fulfillment of the right to personal life and the family of prisoners with the mitigation of security risks, in line with the mandate of Law No. 22 of 2022 concerning Corrections.
Co-Authors A, Andi Fadli. Abu Bakar, Asfendi Wijaya Ahmad Rustan Alvian, Muhammad Andri Alwi Jaya Andi Hartawati Andi Sulthan Zulkarnain Ariyadi, Ariyadi Asfiani B., Asfiani Asia Paranrangi Burhan, Putri Ajeng Fachmi Jambak Hamdan, H. Hartawati, Andi Herman, Andi Mahka, Fachrur Razy Maskur Maskur Masse, Syukri Muhammad Natsir Muhammad Sabir Muliyadi Muliyadi Nur ‘Azah Paranrangi, Asia A. Ramadhani Ahmad, Nur Qalbi Putri Setiawati, Lis Sunardi Purwanda Syahruddin, Mokhammad Syamsul, Zulfiani Tarmizi Tijjang, Bakhtiar Wahyuni, Eka Novianty Walinono, Muhammad Zulkifli Yasin, H. M.