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All Journal Jurnal Daulat Hukum Journal of Strafvordering Indonesian
Ainurrafiqa Pelupessy
Universitas Khairun
Law, Crime, Criminology & Criminal Justice Social Sciences

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Online Gender-Based Violence(GBV) Crime In The Perspective Of Indonesian Criminal Law Frans Reumi; Karolus Kopong Medan; Ainurrafiqa Pelupessy; Ramadhan Usman
Journal of Strafvordering Indonesian Vol. 1 No. 6 (2025): JOSI - JANUARY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/xez31j88

Abstract

In recent years, developments in information and communication technologies have increased the use of digital media, which has simultaneously expanded the risk of online gender-based violence (GBV). This phenomenon includes sexual harassment, non-consensual dissemination of intimate content, and gender-based threats, which commonly affect women and vulnerable groups. In Indonesia, Law No. 12 of 2022 on the Criminalization of Sexual Violence (UU TPKS) comes as a first step to provide protection to victims, including in cases of online GBV. However, the implementation of the TPKS Law still faces obstacles, such as the lack of understanding of law enforcement officials, difficulties in digital proof, and social stigma against victims. A normative juridical research method was used to evaluate the adequacy of regulations, harmonization of laws, and international best practices. The analysis shows that existing regulations, including the GCV Law, ITE Law, and Criminal Code, still have gaps in effectively addressing online GBV. Legal harmonization, strengthening digital forensic capacity, and increasing gender sensitivity are urgent needs. A holistic approach, including cross-sector collaboration, public education, and policies adaptive to technological developments, is expected to strengthen victim protection. This strategy is needed to realize law enforcement that is responsive, equitable, and supports efforts to eradicate gender-based violence in the digital space.
The Shift of Sentencing Paradigm from Retributive to Restorative Justice in the Indonesian Criminal Justice System Carolina S. Martha; Angga Aldilla Gusman; Ainurrafiqa Pelupessy
Journal of Strafvordering Indonesian Vol. 2 No. 6 (2026): JOSI - JANUARY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/8enjmf27

Abstract

The development of modern criminal law thought indicates a significant shift in the sentencing paradigm from a retributive approach toward a restorative one. The retributive paradigm, which emphasizes punishment and retaliation for criminal acts, has increasingly been criticized for its inability to deliver substantive justice for victims, offenders, and society. In contrast, restorative justice emerges as an alternative paradigm that prioritizes restoration, dialogue, and the active participation of all parties affected by crime. This article aims to analyze the shift in sentencing paradigm from retributive to restorative justice within the Indonesian criminal justice system and to examine its implications for national criminal law reform. This study employs a qualitative legal research method using normative and conceptual approaches, relying on statutory analysis, legal doctrines, and relevant criminal justice policies. The findings reveal that restorative justice has gained increasing recognition in Indonesia through recent regulations and law enforcement policies. However, its implementation still faces substantial challenges in terms of legal substance, institutional structure, and legal culture. The novelty of this article lies in its comprehensive analysis of restorative justice not merely as an alternative mechanism, but as a potential new sentencing paradigm capable of reshaping the core orientation of Indonesian criminal law.
Procedural Deviations in Small-Scale Land Acquisition as Unlawful Acts in Corruption Offences Syawal Abdulajid; Anshar Anshar; Ainurrafiqa Pelupessy
Jurnal Daulat Hukum Vol 9, No 1 (2026): March 2026
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v9i1.50951

Abstract

Small-scale land acquisition constitutes a legal mechanism designed to ensure flexibility and efficiency in the implementation of development projects serving the public interest. The procedural simplification inherent in this regime is intended to respond to urgent development needs that directly affect local communities. In practice, however, such simplification is frequently misconstrued as the elimination of normative legal requirements, thereby creating opportunities for procedural deviations that may result in state financial losses. This condition raises complex legal issues when administrative irregularities shift into the domain of corruption offences. This article examines how procedural deviations in small-scale land acquisition may be legally constructed as unlawful acts within the framework of corruption crimes. The research adopts a normative legal method, employing statutory and case approaches, grounded in findings from the analysis of small-scale land acquisition practices in public-interest development projects. The analysis focuses on the normative limits of procedural simplification, the concept of unlawfulness in both formal and material senses, and the construction of criminal liability based on mens rea and abuse of authority. The findings demonstrate that procedural deviations in small-scale land acquisition cannot automatically be classified as criminal acts. Nevertheless, where such deviations violate fundamental land acquisition norms, are accompanied by an abuse of authority, and result in state financial losses, they may fulfil the elements of unlawfulness in corruption offences, particularly as regulated under Articles 2 and 3 of the Indonesian Anti-Corruption Law. This article underscores the necessity of positioning criminal law as ultimum remedium to prevent the criminalisation of public policy, while simultaneously reinforcing its preventive function in safeguarding the integrity and accountability of the land acquisition system for public development.
Co-Authors Angga Aldilla Gusman Anshar Anshar Carolina S. Martha Frans Reumi Karolus Kopong Medan Ramadhan Usman Syawal Abdulajid