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Sistem Pemidanaan Tindak Pidana Narkotika dalam Perspektif Hukum Pidana Nasional Azisa, Nur; Adhyanti Mirzana, Hijrah; Saddam Rivanie, Syarif; Munandar, M. Aris; Hamdani Ramli, Rafika Nurul
UNES Law Review Vol. 6 No. 3 (2024): UNES LAW REVIEW (Maret 2024)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i3.1840

This research uses normative legal research methods with a focus on analyzing legal norms. This research aims to reveal the basic aspects of the formation of certain laws, by analyzing related laws using a statute approach. The sentencing system in Law Number 1 Year 2023 on the Criminal Code (National Criminal Code) presents significant changes, especially in special criminal offenses such as narcotics. The sentencing guidelines introduced in the National Criminal Code allow for broader considerations in imposing punishment, taking into account aspects of justice and humanity. The death penalty is regulated with leniency, giving judges a lot of consideration before making a decision. For drug offenders, the National Criminal Code provides rehabilitation sanctions, showing a more humane approach. Drug sentencing under the National Criminal Code reflects an integrative sentencing theory, which combines the principle of retribution with considerations of crime prevention and offender rehabilitation. This marks a change in the Indonesian criminal law system that prioritizes justice and humanity.

COMPARISON OF ARRANGEMENTS FOR THE CRIME OF CATTLE THEFT ACCORDING TO THE CRIMINAL CODE AND THE DRAFT CRIMINAL CODE MUH. HASRUL; HAERANAH; SYARIF SADDAM RIVANIE PARAWANSA; AUDYNA MAYASARI MUIN
Awang Long Law Review Vol. 4 No. 1 (2021): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

The crime of cattle theft is regulated in Article 363 paragraph (1) number 1 of the Criminal Code, where the qualification of this crime is categorized as a crime against property. The cattle theft is included in the theft by weight or qualified theft. Based on the formulation of the elements regulated in Article 363, cattle theft is qualified as a formal offense. Meanwhile in the Draft Criminal Code, the cattle theft is still regulated in Article 483 paragraph (1) point c. However, in contrast to the formulation in the Criminal Code, the cattle theft has expanded not only regulated cattle but also goods that are a source of livelihood or a person's main source of livelihood.

Tumbuhkan Investasi Masa Depan: Sosialisasi Pembuatan Portofolio Saham untuk Generasi Muda Aslam, Annisa Paramaswary; Aslam, Achmad Yassin Zidan Akram; Syahrul, Khaidir; Parawansa, Syarif Saddam Rivanie; Aswar, Nurul Fadilah
Vokatek : Jurnal Pengabdian Masyarakat Volume 2: Issue 3 (Oktober 2024)
Publisher : Sakura Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61255/vokatekjpm.v2i3.468

This research discusses the effectiveness of socializing stock portfolio creation among young people as an effort to prepare for their financial future. The aim of this study is to explore the impact of stock investment socialization programs on the understanding, active participation in the capital market, and the development of financial skills among young people. The results of the research indicate that effective stock investment socialization enhances young people's understanding of the risks and potential gains involved in stock investment. Moreover, these programs also encourage their active participation in the capital market and foster the necessary financial skills to manage investment portfolios efficiently. In conclusion, integrating stock investment education into formal education curricula, developing mentorship programs, and leveraging digital technology are strategic steps to enhance financial literacy among young people. Recommendations for further research include further exploration of inhibiting factors and expanding the scope of stock investment socialization programs across various communities.

Paradox of Legal Protection for Kid Influencers and Artists in Indonesia: Comparative Study of Us and France Alfiyah, Andi Besse; Wiranti, Wiranti; Abrar, Ahmad Nugraha; Annisa, Arini Nur; Parawansa, Syarif Saddam Rivanie; Iskandar, Ismail
International Journal of Law Reconstruction Vol 9, No 1 (2025): International Journal of Law Reconstruction
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar

Every country has to fulfill legal protection for children. In this digital era, social media have positive and negative impacts on children. The number of children using social media is the third highest, namely aged 5-12 years. The economic exploitation of children reaches 431 cases. This study aims to investigate these 3 cases based on the regulation and comparison with other countries. This qualitative research used Normative Jurisprudence, Case Study, and Statue Approaches. Normative Jurisprudence referred to the Child Protection Law and the Employment Law. The case study involved 3 cases and the status approach compared regulations between the United States and France. This study revealed the urgency of the protection of child labor in the entertainment industry, namely kid influencers and artists who experience legal uncertainty due to the ambiguity and inequality of norms. Elements of the Criminal Act of Child Exploitation were fulfilled with the constraints in the explanation of the "Types of Economic Exploitation Acts" for child influencers or artists. Changes to related laws or legal reform through the Child Labor Law Draft need to consider the United States and France, which have succeeded in providing such protection.

Integration of Anti-SLAPP in the Reform of the Indonesian Criminal Procedure Code in an Effort to Protect Human Rights Muhni, Afif; Basri, Muhammad; Rivanie, Syarif Saddam; Iskandar, Ismail; Muin, Audyna Mayasari; Mirzana, Hijrah Adhyanti
SIGn Jurnal Hukum Vol 7 No 1: April - September 2025
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v7i1.485

Public participation in Indonesia faces a threat of systematic criminalization due to a procedural legal vacuum in Law Number 8 of 1981. This loophole enables the abuse of the legal process through SLAPP, a practice that silences critical voices and delegitimizes the constitutional guarantees for Human Rights. This study aims to analyze the urgency of and formulate a normative framework for comprehensively integrating an Anti-SLAPP mechanism into the Criminal Procedure Code Bill. Using a normative legal research approach, this study examines the disharmony between substantive protection norms and the absence of procedural enforcement instruments. The analysis reveals that without an early screening mechanism, a rule for shifting the burden of proof, and the recognition of a public interest defense, Law Number 8 of 1981 structurally fails to protect citizens. Therefore, this study recommends the integration of an inclusive and non-sectoral Anti-SLAPP mechanism into the Criminal Procedure Code Bill, designed to protect not only conventional activism but also participation in the digital space. This step is a fundamental prerequisite for strengthening the rule of law, fulfilling commitments to SDG 16, and ensuring the resilience of Indonesian democracy in the future.

The Integration of the LPSK into the Criminal Justice System: The Urgency of Witness and Victim Protection Amidst an Illusion of Criminal Procedure Law Reform Fathan, Robbi; Rivanie, Syarif Saddam; Karim, Muhammad Said; Iskandar, Ismail; Sriyana, Sriyana; Halim, Hamzah
SIGn Journal of Social Science Vol 6 No 1: Juni - November 2025
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjss.v6i1.517

Indonesia’s criminal justice system confronts a fundamental paradox. Constitutional guarantees of citizen protection clash with the architecture of Law Number 8 of 1981, which is inherently offender-oriented and retributive in its paradigm. Ironically, the reform effort through the Criminal Procedure Code Bill, projected as a solution, risks creating a new “illusion of protection.” The draft Bill presents a seemingly progressive showcase of witness and victim rights. However, it simultaneously fails to provide an integrated enforcement mechanism and even introduces norms that could create systemic disharmony. This research aims to analyze the urgency of the problem and to formulate a holistic integration model for LPSK as a response to this systemic malady. Employing a hybrid legal research method that combines a juridical-normative analysis of the regulatory framework with a qualitative approach through an in-depth interview with an LPSK senior expert, this study finds that the LPSK’s structurally isolated position has led to serious institutional friction and ambiguous authority, despite its proven crucial role in strategic cases. Therefore, it is concluded that the required solution is a structural transformation. This study recommends a systemic integration model via two pathways: an imperative revision of the Criminal Procedure Code Bill, or the strengthening of the LPSK through an amendment to Law Number 13 of 2006 as a synchronized lex specialis, to ensure the realization of a criminal justice system that is substantively centered on witnesses and victims.

Sistem Pemidanaan Tindak Pidana Narkotika dalam Perspektif Hukum Pidana Nasional Azisa, Nur; Adhyanti Mirzana, Hijrah; Saddam Rivanie, Syarif; Munandar, M. Aris; Hamdani Ramli, Rafika Nurul
UNES Law Review Vol. 6 No. 3 (2024)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i3.1840

This research uses normative legal research methods with a focus on analyzing legal norms. This research aims to reveal the basic aspects of the formation of certain laws, by analyzing related laws using a statute approach. The sentencing system in Law Number 1 Year 2023 on the Criminal Code (National Criminal Code) presents significant changes, especially in special criminal offenses such as narcotics. The sentencing guidelines introduced in the National Criminal Code allow for broader considerations in imposing punishment, taking into account aspects of justice and humanity. The death penalty is regulated with leniency, giving judges a lot of consideration before making a decision. For drug offenders, the National Criminal Code provides rehabilitation sanctions, showing a more humane approach. Drug sentencing under the National Criminal Code reflects an integrative sentencing theory, which combines the principle of retribution with considerations of crime prevention and offender rehabilitation. This marks a change in the Indonesian criminal law system that prioritizes justice and humanity.

Reorientation of Indonesian Criminal Law Politics: Shifting Paradigm from Retributive to Restorative in Death Penalty Regulation Rivanie, Syarif Saddam; Ashar, M. Susilo Ihlasul
SIGn Jurnal Hukum Vol 7 No 2: Oktober 2025 - Maret 2026
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v7i2.544

The shift in global sentencing paradigms, which increasingly abandons the retributive approach in favor of human rights protection, creates an internal normative antinomy within the Indonesian legal system. This antinomy occurs between the constitutional guarantee of the right to life and the continued existence of the death penalty. This study aims to develop a model for reorienting national penal policy from a retributive to a restorative paradigm. Furthermore, this study analyzes the juridical mechanism for implementing the conditional death penalty following the enactment of Law Number 1 of 2023. This research constitutes normative legal research employing statute, case, and conceptual approaches. The legal materials analyzed include primary sources, such as statutory regulations and Constitutional Court decisions, as well as secondary sources from the literature and international reports. The results indicate that the alteration of the death penalty status from a principal punishment to a special punishment with a 10 (ten) year probationary period constitutes a transitional or quasi-abolitionist compromise. This compromise aims to bridge global demands and domestic social defense needs. However, the vacuum of norms regarding the assessment indicators for “commendable attitude” during the probationary period has the potential to cause legal uncertainty. Therefore, integrating restorative justice principles through the recovery of state losses (for corruption) and contributions to severing criminal chains (for narcotics) becomes an imperative objective parameter for sentence alteration. This study concludes that the probationary mechanism must be interpreted as a measurable momentum of rehabilitation, not merely as a postponement of execution. It requires technical implementing regulations in the form of Government Regulations and Supreme Court Regulations.

Reconstruction of the Penal System Based on Triple Vulnerability: Harmonization of Lex Generalis and Lex Specialis in Handling Sexual Violence against Girls with Disabilities Nurisnah, Nurisnah; Saputra, Asbudi Dwi; Muthia, Nuriyah Fara; Dahlan, Muhammad Fitratallah; Rivanie, Syarif Saddam
SIGn Jurnal Hukum Vol 7 No 2: Oktober 2025 - Maret 2026
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v7i2.616

The escalation of sexual violence cases against girls with disabilities has reached a crisis stage, exacerbated by the fragmentation of legal regulations operating sectorally. The failure of the judicial system to respond to the complexity of victim vulnerability frequently creates impunity loopholes, perpetuating victimization practices. This research aims to analyze the legal anatomy of “triple vulnerability” and reconstruct the “Integrated Juridical Trident” model as a harmonization solution for the national penal system. Using a normative juridical research method with statute and conceptual approaches, this study examines the synchronization of norms among Law Number 1 of 2023, Law Number 20 of 2025, and related specific laws. The results prove that the intersection of child, female, and person with disabilities statuses constitutes a juridical determinant automatically triggering the application of the absolute rape offense and state accommodation obligations. The constructed trident model positions Law Number 1 of 2023 as the material legality foundation and Law Number 20 of 2025 as the formal legality foundation, synergized horizontally with Law Number 23 of 2002 as the subject determinant, Law Number 8 of 2016 as the procedural rights guarantor, and Law Number 12 of 2022 as the recovery guarantee. The effectiveness of this model is secured by a precision law enforcement strategy, through the validation of proof of equality between witnesses with disabilities and the application of an absolute prohibition on restorative justice. This study concludes that such system integration is necessary to close legal loopholes and guarantee maximum sentencing certainty for perpetrators of these crimes against humanity.

Restorative Legal Challenges of Abortion for Rape Victims in Indonesia Renih Setiawan; Syarif Saddam Rivanie
Pandecta Research Law Journal Vol. 20 No. 2 (2025): December, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.v20i2.22726

Indonesia has provided leniency and exceptions to abortion for rape victims. The legalization of abortion is the fulfillment of the rights of rape victims to obtain abortion services as soon as possible by the requirements stipulated in the health law. In reality, the fulfillment of this right cannot be fully implemented. A challenge lies in the weak enforcement of the law. Indonesia has not firmly supported this rule. Victims have difficulty accessing abortion services. No regulation on emergency services regulates clearly and in a structured manner within the scope of the police or the scope of health organizations and victim protection organizations. In addition, the strengthening of the mentality of law enforcers and stakeholders has not been fully achieved. This study aims to explore the implications and factors that hinder access to abortion services for rape victims. The results of the study show that the factors that hinder access to abortion are due to weak law enforcement, weaknesses in the substance of the law, the complexity of laws and regulations, and the feeble mentality of the parties involved, so that slow handling results in the inability to implement abortion services for rape victims. To achieve the implementation of this abortion regulation, a national policy is needed within the scope of the police, policies in health organizations, and one-stop integrated service procedures. The urgency of this policy, apart from contributing to policy reform, is also important to make it easier for victims to get services without having to drain their energy, time, and costs. Based on this, Indonesia needs to take a more pragmatic, rational, integrated, and comprehensive approach through widespread socialization to the community, police, and other stakeholders.

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