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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum Ilomata International Journal of Social Science Priviet Social Sciences Journal
Fedhli Faisal
Universitas Pamulang
Religion Humanities Economics, Econometrics & Finance Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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The comparison of narcotics criminalization in Indonesia and The Netherlands Fedhli Faisal; Ali Imron
Priviet Social Sciences Journal Vol. 5 No. 12 (2025): December 2025
Publisher : Privietlab

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55942/pssj.v5i12.1063

Abstract

This article discusses the comparative punishment for drug crimes in Indonesia and the Netherlands, two countries with very different legal approaches to dealing with drug-related cases. This article's primary goal is to examine the variations in the two nations' criminal policy strategies, the types of sanctions, and the legal foundations. This study uses a comparative legal method by examining the laws, doctrines, and criminal policies in force in each country. The results show that Indonesia tends to use a repressive approach with the threat of severe criminal penalties, including the death penalty and life imprisonment, whereas the Netherlands adopts a limited decriminalization approach for certain substances, focusing on rehabilitation and harm reduction. These findings reflect the differences in criminal law philosophy between punitive and more progressive legal systems. This article recommends a re-evaluation of the effectiveness of punishment in Indonesia, taking into account a more humane and public health-based approach, such as that applied in the Netherlands
Pathways to Youth Radicalization: A Criminological Analysis of Risk Factors and Prevention Strategies Fedhli Faisal; Amin Songgirin
Ilomata International Journal of Social Science Vol. 7 No. 2 (2026): April 2026
Publisher : Yayasan Ilomata

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61194/ijss.v7i2.1940

Abstract

The growing involvement of youth in violent extremism and radical movements has emerged as a pressing global concern, raising urgent questions about the underlying social and criminogenic factors that drive this phenomenon. This study aims to explore the pathways of youth radicalization through a criminological lens, identifying the key risk factors and proposing context sensitive prevention strategies. Using a normative juridical and descriptive analytical approach, the research examines relevant legal frameworks, criminological theories, and secondary data sources to develop a comprehensive model of youth radicalization. The findings reveal that radicalization is not a linear or homogenous process, but rather the result of intersecting influences such as social marginalization, institutional neglect, identity crises, and exposure to extremist narrative soften reinforced by digital environments. The analysis supports and expands upon strain theory and social disorganization theory, emphasizing the role of structural exclusion and weakened community ties. This study also identifies limitations in dominant counter radicalization strategies that rely heavily on surveillance and psychological profiling, arguing instead for holistic, rights based, and community driven interventions. The research contributes to the theoretical discourse on radicalization while offering actionable recommendations for policymakers, educators, and civil society actors. Its implications underscore the need for preventive frameworks that are ethically grounded, socially inclusive, and empirically informed. By shifting the paradigm from securitization to social resilience, this study advocates for a more just and sustainable approach to addressing youth radicalization.
Application for Bankruptcy Declaration or Suspension of Debt Payment Obligation for Developers Viewed from the Principles of Balance and Justice Fedhli Faisal
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.4857

Abstract

The aim of this research is to examine the implications of bankruptcy petition or postponement of debt payment obligations on developers in Indonesia, considering legal principles, particularly the principles of balance and justice within the framework of the Bankruptcy and Debt Payment Obligation Postponement Act (UU Kepailitan & PKPU). The background of this study encompasses the importance of legal certainty for consumers and developers in the context of fair and efficient financial settlements.  The research methodology employs a legal document analysis approach, involving literature review and case interpretation to evaluate the application of the Bankruptcy and PKPU Act on developers, and to analyze the impact of Supreme Court Regulation No. 03/2023 on court interpretations in relevant cases. The findings indicate that the Bankruptcy and PKPU Act provides a crucial legal framework to protect the interests of consumers and developers, but its application must carefully consider legal principles, particularly in proving facts or circumstances influencing decisions on bankruptcy or PKPU petitions. The implications of these findings underscore the need for courts to maintain a balance between creditors' rights and protection for debtors experiencing financial difficulties. Proposed recommendations include the necessity for clarity in legal interpretations, consistent implementation of the Bankruptcy and PKPU Act, and an approach favoring justice in every bankruptcy or PKPU petition decision.
Co-Authors Ali Imron Amin Songgirin