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Sentence Reduction For Justice Collaborators Based On Sema Number 04 Of 2011 In Corruption Crimes Mauli Hutagalung, Jantarda; Widijowati, RR Dijan; Rayhan Amri, Athalariq
Greenation International Journal of Law and Social Sciences Vol. 1 No. 3 (2023): (GIJLSS) Greenation International Journal of Law and Social Sciences (September
Publisher : Greenation Research & Yayasan Global Resarch National

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v1i3.137

Abstract

Sentence reduction for Justice Collaborators in corruption cases is a reward or a gift for perpetrator who has collaborated with law enforcement officials in dismantling the case. When viewed in evidentiary theory, the reduction of punishment can be seen from the evidence of a Justice Collaborator in the trial. Based on the theory of justice, the granting of justice collaborator status is based on the judge's decision whereas the judge's decision is absolute in determining justice for what has been done by a justice collaborator, therefore the judge must see the efforts in the trial. This research was conducted with normative legal methods using legal literature materials consisting of theories, principles, legal principles, and laws and regulations related to and in accordance with this research. This research uses literature studies in the form of primary, secondary and tertiary legal sources. Results of this study: Justice Collaborators have an important role in uncovering corruption cases. For their role, justice collaborators are entitled to protection and a reduction in sentence period as stated in SEMA No. 04/2011. And two, the granting of justice collaborator status at trial is the absolute authority of the panel of judges. In this case, the panel of judges based on the facts at trial will consider whether the justice collaborator has a central role so that he can be declared the main perpetrator.
Comparison of Money Laundering Criminal Law Between Indonesia and Malaysia Widijowati, Dijan; Cartin Pecson, Rowela
Greenation International Journal of Law and Social Sciences Vol. 1 No. 3 (2023): (GIJLSS) Greenation International Journal of Law and Social Sciences (September
Publisher : Greenation Research & Yayasan Global Resarch National

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v1i3.198

Abstract

One form of crime that has become a primary focus of criminal efforts is money laundering. The process of improvement continues to evolve until today, with recent changes outlined in Law Number 8 of 2010 concerning the Prevention and Eradication of Money Laundering. In addition to the national scale, efforts to combat money laundering are also carried out internationally. A significant step in international cooperation to combat money laundering is the establishment of the Financial Action Task Force (FATF) on Money Laundering. However, despite these collective efforts, there are still several challenges and obstacles in preventing money laundering globally. Differences in laws and regulations between countries, as well as the complexity of global financial pathways, are some factors that complicate the eradication efforts. Therefore, this research will focus on examining how the regulation of money laundering crimes differs between Indonesia and Malaysia and how the regulations compare in both countries. Specifically, this normative legal research generally focuses on the analysis of legal documents. The formulated issues can be outlined as follows: How is the regulation of money laundering crimes in Indonesia and Malaysia, and what is the comparison of the regulations on money laundering crimes in Indonesia and Malaysia.
Perlindungan Hukum terhadap Anak Pelaku Tindak Pidana Bullying Berdasarkan Undang-Undang Nomor 11 Tahun 2012 Fadilah, Anwar; Widijowati, Dijan; Sugeng, Sugeng
AKADEMIK: Jurnal Mahasiswa Humanis Vol. 5 No. 2 (2025): AKADEMIK: Jurnal Mahasiswa Humanis
Publisher : Perhimpunan Sarjana Ekonomi dan Bisnis

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37481/jmh.v5i2.1353

Abstract

Bullying committed by children has become a serious concern within the juvenile justice system in Indonesia. Law No. 11 of 2012 concerning the Juvenile Justice System (SPPA) regulates legal protection for children in conflict with the law, including children who are perpetrators of bullying. This study aims to analyze the form of legal protection provided to children who commit bullying offenses and the application of diversion as the main effort in resolving juvenile cases outside of the judiciary. The research method used is normative juridical with a legislative approach and case study. The results of the study indicate that the SPPA Law prioritizes the principle of restorative justice, emphasizing guidance and rehabilitation for the child offender over criminal sanctions. Diversion becomes the main step in handling cases of children in conflict with the law, except in certain cases that meet the criteria for judicial processes. Therefore, the implementation of legal protection for children who commit bullying must be carried out optimally, considering the principle of the best interests of the child.
Penegakan Hukum Pidana Terhadap Tindak Pidana Pencucian Uang Gayus Tambunan di Indonesia Fardana, Andhika Yudha; Widijowati, Dijan; Hakim, Lukman
Orasi: Jurnal Ilmu Politik dan Sosial Vol. 1 No. 3 (2025): Orasi: Jurnal Ilmu Politik dan Sosial (Maret 2025 - Mei 2025)
Publisher : Inovan Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63217/orasi.v1i3.143

Abstract

The financial system and the national economy are significantly affected by complex money laundering crimes (ML), with criminal law policies regulated in several laws, including Law No. 8 of 2010, being used in Indonesia to combat money laundering. The main objective of this study is to examine the effectiveness of criminal law policies in preventing money laundering, the challenges faced by law enforcement agencies, and the Gayus Tambunan case – a striking illustration of the weakness in the application of law in Indonesia. This study uses a statutory approach, literature review, and normative legal methodology. The findings of this study show that although there is a legal framework in place, there are still several barriers in implementation and law enforcement, including poor coordination between agencies, insufficient human resources, and low public awareness and involvement. Therefore, to build an efficient and just law enforcement system in combating money laundering in Indonesia, it is crucial to strengthen regulations, enhance the capabilities of law enforcement agencies, and educate the public.
Coast Guard Plays a Role in Maritime Law Enforcement Widijowati, Rr.Dijan; Jayawibawa, Marcellus; Budisetyowati, Dwi Andayani
Siber International Journal of Advanced Law (SIJAL) Vol. 3 No. 1 (2025): Siber International Journal of Advanced Law (July - September 2025)
Publisher : Siber Nusantara Review & Yayasan Sinergi Inovasi Bersama (SIBER)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/sijal.v3i1.256

Abstract

Indonesia, as the world's largest archipelagic state, faces complex challenges in maritime law enforcement. The establishment of the Maritime Security Agency (BAKAMLA) as the embryo of the Indonesian Coast Guard aims to fulfill institutional needs to ensure security and safety within national waters. This study aims to analyze the essential role of BAKAMLA in maritime law enforcement and identify the regulatory challenges it faces. Using a normative juridical approach, this research examines various legal frameworks related to maritime institutions and authority. The findings reveal that overlapping regulations and authority among institutions such as the Indonesian Navy (TNI AL), the National Police (POLRI), the Ministry of Marine Affairs and Fisheries (KKP), and others significantly hinder BAKAMLA’s effectiveness. Therefore, harmonization of maritime legal systems and regulations is urgently needed. It is recommended to enact a Coast Guard Law as a single regulation that designates BAKAMLA as the main coordinator of maritime law enforcement. This reform is expected to improve inter-agency coordination, integrate early detection systems, and strengthen Indonesia’s maritime sovereignty and security.
The Criminal Act of Desertion Against TNI Members Reviewed from Influencer Background and Prevention Efforts Pasaribu, Roy Leonard Hosea; Widijowati, Rr. Dijan
Siber International Journal of Advanced Law (SIJAL) Vol. 3 No. 1 (2025): Siber International Journal of Advanced Law (July - September 2025)
Publisher : Siber Nusantara Review & Yayasan Sinergi Inovasi Bersama (SIBER)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/sijal.v3i1.271

Abstract

Discipline is a fundamental principle in the military, especially for soldiers of the Indonesian National Armed Forces (TNI). Serious disciplinary violations such as desertion, the act of leaving duty without permission, remain a major problem within the TNI. This study aims to analyze in-depth the application of the law to the crime of desertion within the TNI, as well as the factors that influence it, and examine effective preventive measures to reduce the number of desertions in the Indonesian Navy (AL). This study uses a normative legal research method. Data were collected through a literature review focusing on laws, government regulations, and related decisions. Data analysis was conducted descriptively and analytically. The application of the law to desertion is strictly regulated in Articles 87 and 89 of the Military Criminal Code (KUHPM), which stipulate sanctions ranging from imprisonment to dismissal. The government must focus more on proactive prevention through a comprehensive approach, including improving soldier welfare, strengthening mental and psychological development, improving leadership and supervision, and optimizing recruitment and legal education.
Legal Protection for Victims of Sexual Violence in the Military Environment Through the Military Justice System Pradana, Satur; Widijowati, Rr. Dijan
Siber International Journal of Advanced Law (SIJAL) Vol. 3 No. 1 (2025): Siber International Journal of Advanced Law (July - September 2025)
Publisher : Siber Nusantara Review & Yayasan Sinergi Inovasi Bersama (SIBER)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/sijal.v3i1.276

Abstract

This study examines the reporting mechanism and legal protection for TNI members who are victims of sexual violence in the military environment, and evaluates the extent to which military law has been responsive and accommodating to the case of Lieutenant AAP against seven private soldiers. Using normative legal research methods with a statutory, case, and conceptual approach, as well as descriptive qualitative data analysis, this study found that TNI members who are victims of sexual violence have several reporting channels, namely to their direct superiors/unit commanders, Provost/Military Police (POM), and the Internal Supervisory Agency (TNI Inspectorate/Forces). In terms of legal protection, Law Number 12 of 2022 concerning Criminal Acts of Sexual Violence (UU TPKS) and the Military Criminal Code (KUHPM) are the main comprehensive legal umbrellas. The KUHPM, both directly and through references to the general Criminal Code, provides a strong criminal basis. This study concludes that military law in Indonesia is fundamentally quite responsive and accommodating to handling sexual violence, in terms of the completeness of its regulatory instruments. There are multiple sanctions from the Criminal Code, the Military Disciplinary Law, and the Soldier's Code of Ethics.
Enhancing Consumer Protection in Electronic Commerce Transactions Widijowati, Dijan
Research Horizon Vol. 3 No. 4 (2023)
Publisher : LifeSciFi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54518/rh.3.4.2023.137

Abstract

Consumer protection in electronic commerce transactions is a critical aspect of fostering trust and ensuring the safety of consumers in the digital marketplace. The rapid growth of e-commerce in Indonesia has presented new challenges in safeguarding consumer rights and interests. This paper examines the existing legal framework for consumer protection in electronic transactions in Indonesia and highlights the need for effective measures to address risks related to data security, privacy, fraud, and consumer trust. The study utilizes a comprehensive methodology combining normative juridical and empirical juridical approaches to analyze relevant legal texts and secondary data sources. The research emphasizes the importance of upholding consumer rights, promoting fair business practices, and providing avenues for resolving disputes in order to nurture trust, responsibility, and fair commerce practices in the online marketplace.
AN EFFECTIVE LEGAL IMPLEMENTATION AGAINST CYBERBULLYING PERPETRATORS AMONG ADOLESCENTS Widijowati, Rr. Dijan
Jurnal Pembaharuan Hukum Vol 10, No 3 (2023): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v10i3.34351

Abstract

This research aims to analyze the legal aspects of cyberbullying cases involving adolescents in Indonesia using a normative approach. The study evaluates the effectiveness of existing laws, particularly the Electronic Information and Transactions Law (ITE Law) and related regulations, in protecting adolescents from cyberbullying. The primary objective is to contribute to the development of a more effective legal framework addressing cyberbullying among adolescents. The study's findings emphasize key results and important insights regarding the application of laws in handling cyberbullying cases, highlighting the significance of legal measures in safeguarding adolescents from online harassment.
Economic Analysis of Law: Strengthening the Legal Framework for Development Widijowati, Dijan
Research Horizon Vol. 3 No. 1 (2023)
Publisher : LifeSciFi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54518/rh.3.1.2023.101

Abstract

In the context of development, an adequate legal framework plays a crucial role in creating a conducive and attractive business climate for investors, both domestic and international. The existence of a clear and consistent law gives confidence to economic actors that their rights will be recognized, protected and defended. By using the Economic Analysis of Law approach, efficiency is an ideal guide in designing legal policies. However, there are challenges and complexities associated with strengthening the legal framework for development. Some of the problems that often arise include the weakness of the justice system, corruption, legal uncertainty, and unequal access to justice. This research will try to see how legal economic analysis can be used as a tool to strengthen a country's legal framework in a development context. This study applies a normative juridical approachin order to analyze and interpret applicable law and understand the relevant legal norms. The results show that law plays a very important role in economic development. The law provides a clear and reliable framework for economic actors, protects propertyrights, and guarantees the protection of economic contracts and transactions. The Economic Analysis of Law (EAL) approach and the role of law in economic development are interrelated and influence each other. Through the Analysis of Law approach, an analysis based on legal values, benefits and efficiency can make an important contribution in strengthening the legal framework for more effective and efficient development.