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All Journal MLJ Supremasi Hukum: Jurnal Penelitian Hukum The Indonesian Journal of International Clinical Legal Education
Susi Ramadhani
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Law, Crime, Criminology & Criminal Justice Social Sciences

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MODEL PENYELESAIAN PIDANA ADAT MENURUT HUKUM YANG HIDUP DALAM MASYARAKAT DI KOTA BENGKULU Susi Ramadhani; Asep Suherman; Dwi Putri Lestarika
Supremasi Hukum: Jurnal Penelitian Hukum Vol 34 No 1 (2025)
Publisher : UNIB Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jsh.34.1.90-108

Abstract

The promulgation of Law Number 1 of 2023 concerning the national Criminal Code (KUHP), replacing the Dutch Criminal Code, is a fundamental reform of Indonesian criminal law because of the recognition of laws that live in society. The purpose of this study is to find out and describe the position of customary criminal settlement in Indonesian laws and regulations and the process of resolving customary crimes according to the law that lives in the community in Bengkulu City. In Bengkulu City, the customs used are the Lembak custom, the Malay custom, the Serawai custom, and the Rejang custom. The enforcement of Bengkulu City customs was confirmed with the issuance of Regional Regulation Number 29 of 2003 concerning the Enforcement of Bengkulu City Customs.   The method used in this study is an empirical legal research method, where data is obtained directly from the community. This research is important because there is no uniformity in the process of resolving customary crimes that occur in Bengkulu City. The contribution given will benefit law enforcement officials in resolving customary crimes in accordance with the laws that live in the community, especially in Bengkulu City as an effort to enforce the law.
Addressing Juvenile Protection Discrepancies: A Study on Legal Safeguards and Challenges against Sexual Abuse by Educators in Seluma Regency Randy Pradityo; Helda Rahmasari; Susi Ramadhani; Sakinah Suhertini; Kurnia Lekattia
The Indonesian Journal of International Clinical Legal Education Vol. 5 No. 4 (2023): Sustainable Development and Legal Innovations: Exploring Environmental Conserva
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/iccle.v5i4.36621

Abstract

Law Number 11 of 2012, commonly referred to as the Juvenile Criminal Justice System Law, stands as a legal framework designed to safeguard children entangled in legal conflicts. Its primary objective is to secure a promising future for these children, facilitating opportunities for identity development that fosters independence, responsibility, and constructive contributions to themselves, their families, society, and the nation. Despite the existence of these legal safeguards, their efficacy often encounters challenges within the intricate dynamics of social life. This disjunction is particularly conspicuous in institutional environments such as schools, where the assurance of safety is not guaranteed. Disturbingly, statistical data compiled by the PPA Unit of the Criminal Investigation Unit of the Seluma Police spanning from 2019 to 2021 reveals a disconcerting prevalence of eight cases of sexual abuse perpetrated by teachers against their students. A poignant instance unfolded in Talang Alai Village, Kec. Air Periukan District, wherein a child named RA became a victim of molestation by an individual identified by the initials AI on August 18, 2019. In response to these distressing occurrences, this research endeavors to formulate strategies for addressing criminal acts of sexual abuse committed by teaching staff in Seluma Regency. The study aims to meticulously scrutinize and analyze the prevalence of such crimes, providing scholarly insights into the harsh reality of sexual abuse committed by teaching staff in this specific region.
PERBANDINGAN PENGATURAN BEBAN PEMBUKTIAN ASAL-USUL KEKAYAAN DALAM TINDAK PIDANA KORUPSI ANTARA NEGARA INDONESIA DAN NEGARA CHINA Chintya Bella; Susi Ramadhani; Asep Suherman
Maleo Law Journal Vol. 10 No. 1 (2026): Volume 10, Nomor 1, April 2026
Publisher : Fakultas Hukum Universitas Muhammadiyah Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56338/mlj.v10i1.10337

Abstract

The fight against corruption faces challenges in proving guilt, especially when there is a discrepancy between the wealth of public officials and their legitimate income. Shifting the burden of proof of the origin of wealth to the defendant raises legal debates regarding the principles of the presumption of innocence and due process of law. Indonesia and China both apply the reverse burden of proof mechanism in corruption cases, but with different normative constructions and legal implications. This research aims to analyze and compare the regulations on proving the origin of wealth in Indonesia and China, and to formulate the ideal direction for criminal law policy in Indonesia. This research uses a normative legal method with a statutory, comparative legal, and conceptual approach. The research results show that Indonesia adopts a limited and balanced form of reverse burden of proof, so the defendant’s obligation is limited to providing an explanation and cannot be used as a basis for punishment, which limits its effectiveness. Conversely, China applies pure reverse proof supported by an integrated surveillance system. Therefore, Indonesian criminal law policy needs to be directed toward strengthening effective and constitutional reverse burden of proof without disregarding human rights protection.
Co-Authors Asep Suherman Asep Suherman Chintya Bella Dwi Putri Lestarika Helda Rahmasari Kurnia Lekattia Randy Pradityo Sakinah Suhertini