Article Per Year (5 Year)
p-Index From 2021 - 2026
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All Journal Journal of Law, Poliitic and Humanities Qawanin Jurnal Ilmu Hukum Law Research Review Quarterly
Benny Sumardiana
Unknown Affiliation
Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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An Analysis of The Probative Value of Police Investigators Testimony in Narcotics Criminal Trials Chairun Nisa Dwi Putri; Benny Sumardiana
Journal of Law, Politic and Humanities Vol. 5 No. 4 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i4.1529

Abstract

This research aims to analyze the position of the testimony of a police investigator in narcotics criminal prosecutions, as well as finding out how judges assess the objectivity of witness testimony from police investigators. This study uses a normative-empirical approach. Using data obtained from legal regulations, jurisprudence and interviews with judges to provide a more in-depth picture of the position of testimony from police investigators and to see how judges assess testimony from a police investigator in a narcotics crime trial. The results of this study indicate that although witness testimony from a police investigator can be used in a narcotics crime trial, the testimony given by a police investigator as a factual witness has minimal evidentiary value. This is because the interests of the investigator in the case being handled can affect the objectivity of his statement and his statement is free and considered by the judge in accordance with the objectivity and credibility of the witness. The presence of investigators as witnesses in court is generally verbal, especially when the defendant states that the Examination Report (BAP) was made under pressure or coercion. In addition, the testimony of the investigator's witness cannot be the main witness in the trial because the existence of the police investigator's witness does not have a clear legal basis that can regulate the existence of the witness as a legitimate witness. Then, the strength of the testimony from the Polri investigators is weak.
Indonesia's Struggle Against Cyber ​​Grooming: Reformulating Criminal Law in the Era of Online Prostitution Through Comparative Insights from Malaysia, Singapore, Canada, and Australia Adinda Maura Salwa; Benny Sumardiana
Qawanin Jurnal Ilmu Hukum Vol. 6 No. 2 (2025): September 2025 - February 2026
Publisher : Program Studi Ilmu Hukum, Fakultas Hukum, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/qawaninjih.v6i2.968

Abstract

In essence, children can obtain, seek and share information through any media to support their development process. Therefore, the Internet is a platform that children can choose to fulfill their needs. However, the large number of sexual predators roaming social media puts children in a dangerous situation of being exposed to cyber grooming crimes. The methodology chosen in preparing this article is a normative research method that carries out studies by using various related scientific literature. Through this discourse, the fact is obtained that advances in cyber technology have exceeded the regulatory framework in Indonesia, resulting in the slow handling of contemporary forms of crime such as cyber grooming. Therefore, legal policy reform is needed to provide legal certainty in following up on cyber grooming crimes.
IMPLICATIONS OF NO VIRAL NO JUSTICE ON THE PRINCIPLE OF EQUALITY BEFORE THE LAW IN THE CRIMINAL JUSTICE SYSTEM Eva Naura; Benny Sumardiana
Law Research Review Quarterly Vol. 12 No. 1 (2026): Articles in press
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lrrq.v12i1.44990

Abstract

This study aims to examine the phenomenon of No Viral No Justice in law enforcement practices in Indonesia in the digital era, as well as identify the positive and negative impacts of the role of social media as a means of social control on law enforcement officials. The main problem in this study stems from the dependence of law enforcement officials on the pressure of public opinion, raising serious problems related to objectivity, legal certainty, and human rights protection. This study uses normative legal research methods (normative juridical) with an emphasis on analysis of positive legal norms, legal principles, and relevant doctrines. Data was obtained through literature review by examining regulations, legal literature, previous research results, and other supporting sources. The results of the study show that the phenomenon of No Viral No Justice emerged as a response to low public trust in the performance of law enforcement officials and the slow handling of cases. Social media functions as a means of social control that is able to encourage transparency, accountability, and acceleration of handling certain cases. But on the other hand, reliance on virality has the potential to lead to reactive, and populist law enforcement, as well as give birth to public judgments that ignore the principle of presumption of innocence. These findings confirm that the phenomenon of No Viral No Justice has a dual impact that can simultaneously strengthen and include the principle of Equality Before the Law in criminal practice.
Co-Authors Adinda Maura Salwa Chairun Nisa Dwi Putri Eva Naura