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All Journal LAW REFORM TATOHI: Jurnal Ilmu Hukum Protection: Journal Of Land And Environmental Law
NABELA, Nadia
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Environmental Science Law, Crime, Criminology & Criminal Justice

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The Role of Government and Society in Countermeasures and Prevention of Criminal Acts of Terrorism According to Law Number 5 of 2018 SETIYONO, Joko; NABELA, Nadia
Protection: Journal Of Land And Environmental Law Vol. 1 No. 3 (2023): Protection: Journal Of Land And Environmental Law. (March – June 2023)
Publisher : Indonesia Strategic Sustainability

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38142/pjlel.v1i3.660

Abstract

The criminal act of terrorism is a serious crime and an extraordinary crime which has an adverse impact on the sovereignty of the state and the security of the citizens' livelihood. The responsibility of the state in protecting all citizens is an obligation mandated in the constitution (1945 Constitution). Law Number 5 of 2018 is a legal umbrella in carrying out law enforcement efforts, countermeasures and measures to prevent criminal acts of terrorism. The government plays an active role in taking strategic steps to tackle and prevent criminal acts of terrorism by revising Law no. 15 of 2003 became Law Number 5 of 2018, forming the Special Anti-Terror Special Detachment 88 Task Force, as well as the National Counterterrorism Agency (BNPT). The community also plays an active role in efforts to prevent criminal acts of terrorism by having high awareness of the law, increasing knowledge and awareness of the dangers of terrorism, so that they can carry out early detection of potential terrorism and report things that are considered suspicious in the surrounding environment to the authorities.
Proof of Element of Unlawfulness Acts in The National Criminal Code Andre, Gusti Muhammad; Arief, Barda Nawawi; Sularto, RB; Azizah, Faiqah Nur; Nabela, Nadia
LAW REFORM Vol 21, No 2 (2025): Law Reform
Publisher : PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/lr.v21i2.67253

Abstract

In criminal law, unlawful acts are one of the elements of a crime. Logically, in addition to the acts formulated in the law, the unlawful act must also be proven. If an unlawful act is not proven, then an act cannot be considered a crime. However, the elements of unlawful acts regulated in the old Criminal Code differ from those in the National Criminal Code. This article aims to analyse the law of evidence in relation to unlawful acts in the National Criminal Code, in order to establish the truth of the matter. The research method used is the normative juridical method with a literature study analysis. Proving the essence of formal (written) law in the law of evidence is very easy; however, proving the essence of material law is more difficult, as it requires the judge to explore the sense of legal justice that exists in society. In criminal law, proof of unlawful acts is based on the postulate in criminalibus probantiones bedent esse lucis clariores, which states that in criminal cases, evidence must be clearer than light.
Reconstructing Anti- Strategic Lawsuits Against Public Participation Regulation: A Legal-Political Response to 'Rubber Articles' and Democratic Regression in Indonesia's Criminal Justice System Nabela, Nadia; MPB, Andi Srikandi; Basuki, Teguh
TATOHI: Jurnal Ilmu Hukum Volume 6 Issue 5, July 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v6i5.3953

Abstract

Introduction: This study analyzes the systemic threat of Strategic Lawsuits Against Public Participation (SLAPPs) to Indonesian democracy, particularly how 'rubber articles' within the criminal law are weaponized to silence dissent. Purposes of the Research: The research evaluates the legal politics perpetuating SLAPPs and proposes the urgent establishment of comprehensive, cross-sectoral Anti-SLAPP regulations. Employing qualitative doctrinal legal research with statute, conceptual, and comparative approaches. Methods of the Research: The method used in this study is qualitative doctrinal legal research to examine criminal law practices. The research comprehensively integrates three main approaches, namely a statute approach, a conceptual approach, and a comparative approach. Primary and secondary legal materials were collected through structured documentary study and analyzed prescriptively. Findings of the Research: it finds that multi-interpretable norms in the Electronic Information and Transactions Law and Criminal Code, coupled with a lack of early dismissal mechanisms, create a chilling effect and undermine constitutional rights. This research recommends legal reconstruction through the adoption of Anti-SLAPP regulations, including constitutional threshold tests and cost-shifting rules, to protect democratic integrity and restore the rule of law. Keywords: Anti-SLAPP; Legal Politics; Rubber Articles; Criminalization; Constitutionalism.
Co-Authors Andre, Gusti Muhammad Azizah, Faiqah Nur Barda Nawawi Arief Joko Setiyono MPB, Andi Srikandi Sularto, RB Teguh Basuki