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Challenges in the Implementation of Criminal Law for Sexual Crime Cases in Indonesia Anis Noviya
Journal of Adat Recht Vol. 1 No. 5 (2025): JANUARI-JOAR
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/5gwqwh28

Abstract

Sexual crimes are one of the most serious crimes and deeply affect the victims. In Indonesia, although there are various laws regulating the handling of sexual crimes, the implementation of criminal law in these cases faces various challenges. This study aims to explore and analyze the main challenges in the application of criminal law to cases of sexual crimes in Indonesia, using a qualitative approach. This research method includes in-depth interviews with legal practitioners, including police officers, prosecutors, judges, and non-governmental organizations that focus on sexual crime issues. In addition, this study also conducted an analysis of relevant case studies and legal documents. The data collected were analyzed using thematic analysis techniques to identify and categorize the main challenges faced in the implementation of criminal law. The results of the study indicate that the main challenges in the implementation of criminal law for cases of sexual crimes. This study concludes that in order to improve the effectiveness of the implementation of criminal law in cases of sexual crimes, reforms are needed that include increased coordination between institutions, special training for law enforcers, and changes in social perceptions of victims of sexual crimes. These recommendations are expected to help create a more responsive and fair criminal justice system for victims of sexual crimes in Indonesia
Effectiveness of Criminal Law Enforcement in Eradicating Corruption in National Strategic Sectors Anis Noviya
Ipso Jure Vol. 3 No. 2 (2026): Ipso Jure - March
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/25vnq621

Abstract

Corruption in national strategic sectors is a serious problem that has a broad impact on economic stability and development. This study aims to analyze the effectiveness of criminal law enforcement in eradicating corruption in national strategic sectors and to examine the influence of normative ambiguity on legal certainty. The research method used is normative legal research with a statutory, conceptual, and case approach, with primary legal material in the form of Law Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption in conjunction with Law Number 20 of 2001, and supported by secondary and tertiary legal materials. The results of the study indicate that the effectiveness of law enforcement is still not optimal due to normative ambiguity, particularly regarding state financial losses and abuse of authority, which gives rise to multiple interpretations and inconsistencies in law enforcement. In addition, disharmony between criminal law and state administrative law, weak coordination between institutions, and the influence of non-juridical factors such as politics and economics also hamper the effectiveness of law enforcement. The resulting legal uncertainty also impacts the investment climate and development implementation in strategic sectors. Therefore, a clearer and more assertive normative reconstruction, harmonization of regulations, and strengthening of legal structures and culture are needed to realize effective, fair law enforcement and provide legal certainty.
Social Justice in a Legal Perspective: An Analysis of Inequality in Access to Public Services Fitri Arianti; Anis Noviya
Ipso Jure Vol. 3 No. 3 (2026): Ipso Jure - April
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/0ngb5k11

Abstract

Social justice in public services is a fundamental element in a state based on the rule of law, which prioritizes public welfare. Although it is normatively guaranteed in the constitution and various laws and regulations, its implementation still faces various obstacles, particularly related to unequal access to public services. This study aims to analyze the manifestation of social justice from a legal perspective and examine the influence of normative ambiguity in public service regulations on unequal access. The research method used is normative legal research with a legislative and conceptual approach, supported by primary, secondary, and tertiary legal materials, and analyzed qualitatively using deductive reasoning. The results show that normative ambiguity in public service regulations creates legal uncertainty, expands the scope for discretion of officials, and increases the potential for abuse of authority. This condition results in the emergence of service discrimination, unequal service quality between regions, and the marginalization of vulnerable groups. Furthermore, a gap is found between the ideal legal norm (das sollen) and the implemented practice (das sein), indicating that the application of the principle of social justice is not yet optimal. Therefore, normative reconstruction is needed through the formulation of clearer, more operational, and measurable regulations, as well as strengthening monitoring and sanction mechanisms to ensure equal access to public services.
Overlapping Investment Permits and Customary Territories: A Legal Analysis of Agrarian Conflict Anis Noviya
Journal of Adat Recht Vol. 3 No. 1 (2026): MAY - JOAR
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/x1fqzs10

Abstract

Agrarian conflicts stemming from overlapping investment permits in customary areas indicate a fundamental problem within the Indonesian legal system, particularly regarding the disharmony between the recognition of customary rights and sectoral licensing policies. This study aims to analyze the conflicting norms between the recognition of customary communities and the granting of investment permits, and to formulate an ideal legal framework for resolving this conflict. The research method used is normative legal research with a statutory and conceptual approach, analyzed qualitatively through primary and secondary legal materials. The results show that the provisions regarding customary rights in the constitution and agrarian regulations are still conditional and open to interpretation, while sectoral regulations tend to facilitate licensing without thorough verification of customary land status. This creates vertical and horizontal normative conflicts that have implications for increasing agrarian conflict. Furthermore, government administrative practices prioritize the formal legality of permits over the substantive recognition of customary rights, thus creating legal uncertainty and distributive injustice. Therefore, regulatory harmonization, strengthening the recognition of customary rights, and reformulating the licensing system based on agrarian justice are needed. A progressive legal approach is also important to ensure that the law functions as a means of achieving substantive justice in resolving agrarian conflicts.
Customary Crimes and the Principle of Legality in the National Criminal Code Anis Noviya
Journal of Adat Recht Vol. 3 No. 1 (2026): MAY - JOAR
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/qdsgxp81

Abstract

In the development of Indonesian criminal law, the recognition of living law through Law Number 1 of 2023 concerning the Criminal Code presents a new dynamic, particularly regarding the position of customary offenses in the national criminal law system. This condition has given rise to debate regarding the suitability of the recognition of unwritten customary norms with the basic principle of legality, which requires the formulation of crimes clearly and in writing. This study aims to analyze the construction of the legality principle in the national criminal law system and examine the position of customary offenses as living law in society from the perspective of the legality principle of the National Criminal Code. The research method used is normative legal research with a statutory approach, a conceptual approach, and a historical approach. The legal materials used include legislation, criminal law doctrine, and literature relevant to the concept of living law and the principle of legality. The results of the study indicate that the recognition of customary offenses in the National Criminal Code reflects an effort to integrate state law and customary law within the framework of Indonesian legal pluralism. This recognition is intended to accommodate social values ​​​​that exist in society and strengthen substantive justice. However, regulations regarding living law still leave unclear norms, particularly regarding the criteria for the applicability of customary norms that can be used as a basis for criminal penalties. This situation has the potential to create legal uncertainty and open up room for differing interpretations in law enforcement practices. Therefore, conceptual reconstruction and the formulation of clear parameters are needed to ensure that the recognition of customary crimes remains in line with the basic principles of legality, particularly the principles of lex scripta and lex certa, thereby ensuring legal certainty and the protection of human rights within the national criminal law system.
Co-Authors Amruddin Amruddin Dwi Retno Mulyanti Firayani Firayani Fitri Arianti Ismed Wijaya Loso Judijanto M. Siddiqi Muhamad Romdoni Olyvia Rosalia Pemy Christiaan Rahmat Purnomo Sadly Ashari Said Samsidar Samsidar Tri Endar Susianto