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All Journal Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Rechtsvinding
Nasoetion, Dedi Wardana
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Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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AKIBAT HUKUM PENOLAKAN AUTOPSI OLELH KELLUARGA DALAM KASUS KEMATIAN TIDAK WAJAR (STUDI KASUS PUTUSAN PERKARA NOMOR: 629/PID.B/2021/PN.SEI RAMPAH) Wijaya, Radar; Soekorini, Noenik; Nasoetion, Dedi Wardana; Taufik, Moh.
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 5 No. 3 (2025): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v5i3.750

Abstract

Forensic autopsies play a crucial role in criminal proceedings because they can reveal the cause of death scientifically and objectively. However, the practice in Indonesia still faces a dilemma when the victim's family refuses to allow an autopsy to be performed. This situation poses a serious problem, given that without an autopsy, the causal relationship between the perpetrator's actions and the victim's death is difficult to prove legally. This study stems from the urgency to understand the position of autopsy in criminal law and to examine the legal consequences that arise when families refuse to allow it to be performed. The main questions to be answered are how the refusal of an autopsy affects the quality of criminal evidence and what the legal consequences are for court decisions. The research method used is normative juridical with a case approach, through a study of legislation, doctrine, and court decisions, particularly the Sei Rampah District Court Decision Number 629/Pid.B/2021/PN.Sei Rampah. Primary legal materials were obtained from the Criminal Code, Criminal Procedure Code, and Health Law, while secondary legal materials were obtained from academic literature and previous research. The analysis was conducted qualitatively, focusing on the relationship between legal norms, judicial practice, and the implications of refusing an autopsy. The results of the study show that the refusal of an autopsy by the victim's family has a direct impact on the weakness of criminal evidence. Judges cannot scientifically determine the cause of death, so defendants are often only sentenced on lesser subsidiary charges. These findings confirm a legal loophole in the Criminal Procedure Code, which only regulates notification to families without regulating the mechanism in the event of refusal. The conclusion of this study confirms that existing regulations are insufficient to address the dilemma between the rights of the victim's family and the public interest in upholding justice. Therefore, more explicit updates to criminal procedure law are needed, as well as legal communication strategies that can increase public understanding of the urgency of autopsies. Further research is recommended to examine the ethical and social dimensions in greater depth so that the solutions offered are more comprehensive.
TINJAUAN NORMATIF TENTANG PERTANGGUNG JAWABAN TINDAK PIDANA PENCEMARAN NAMA BAIK DALAM SISTEM HUKUM INDONESIA Krisnawan, Afi Bayu; Hartoyo, Hartoyo; Nasoetion, Dedi Wardana
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 5 No. 3 (2025): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v5i3.787

Abstract

The massive use of social media has revolutionised the communication patterns of modern society, while also presenting serious challenges in the field of criminal law, particularly in relation to defamation. This phenomenon becomes even more complex when the legal norms that govern it, namely the Criminal Code (KUHP) and the Electronic Information and Transactions Law (UU ITE), do not provide an explicit definition of the elements of ‘insult’ or ‘defamation’ in the digital space. As a result, there is ambiguity in legal interpretation, leading to inconsistencies in the application of criminal sanctions by law enforcement agencies and courts. The surge in reports of defamation cases through social media is driven by high user accessibility and low digital literacy, which has a broad impact on the psychology of victims, loss of professional reputation, and even the disintegration of social relations. This study uses a normative juridical approach to critically examine the effectiveness of criminal sanctions against perpetrators of defamation through social media. The analysis is conducted on relevant court decisions, linked to the principles of criminal law, developments in information technology, and international human rights principles. This study also raises a comparative study with the German and Australian legal systems to evaluate the proportionality and accountability in imposing criminal sanctions for similar offences. The results of the study show that there is an urgency to harmonise regulations that are more adaptive to the digital context, in order to create substantive justice that not only protects individual reputation but also guarantees freedom of expression in a democratic country. These findings are expected to contribute strategically to the development of Indonesian criminal law that is responsive to the dynamics of digital communication and the need for balanced legal protection
PERAN KEPOLISIAN DALAM PENEGAKAN HUKUM TINDAK PIDANA ANAK YANG MEMAKAI NARKOBA (STUDI KASUS DI WILAYAH HUKUM POLRES NGAWI) Kusuma, Redho Rachmad Hadi; Hartoyo, Hartoyo; Nasoetion, Dedi Wardana
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 5 No. 3 (2025): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v5i3.831

Abstract

This study examines the role of Ngawi Resort Police (Polres Ngawi) in law enforcement concerning children involved in drug abuse and trafficking. Children are a vital asset for national development and require special protection from threats such as narcotics. The issue of narcotics abuse now transcends age boundaries, with children often targeted due to their impressionable curiosity. Key legal frameworks include Indonesian Law No. 11 of 2012 on the Juvenile Criminal Justice System and Indonesian Law No. 35 of 2014, an amendment to Law No. 23 of 2002, concerning Child Protection. This research aims to analyze the preventive and preemptive efforts, as well as the application of diversion, restorative justice, and rehabilitation implemented by Polres Ngawi. The findings indicate that Polres Ngawi employs legal education in schools and community-based early detection as primary preventive and preemptive measures. In handling child offenders, Polres Ngawi prioritizes diversion, restorative justice, and rehabilitation to avoid formal judicial processes and facilitate comprehensive recovery. Recommendations include strengthening cross-sectoral coordination, enhancing human resource capacity for facilitators, educating communities on alternative child handling approaches, optimizing access to rehabilitation facilities, empowering local community actors, and continuously evaluating ongoing programs
Implementation of the Rights of Justice Collaborators to Get Reduced Sentences in the Crime of Murder Putra, Dany Ardiansah; Prawesthi, Wahyu; Nasoetion, Dedi Wardana
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1423

Abstract

The concept of a Justice Collaborator (JC) has become an important instrument in criminal law enforcement, particularly in uncovering complex crimes. A justice collaborator refers to a perpetrator who cooperates with law enforcement authorities by providing significant information to reveal a criminal act and identify other perpetrators. In Indonesia, the recognition of justice collaborators is regulated in Law Number 13 of 2006 as amended by Law Number 31 of 2014 concerning the Protection of Witnesses and Victims, as well as Supreme Court Circular Letter Number 4 of 2011. This study examines the implementation of the rights of justice collaborators to obtain sentence reduction in cases of murder and analyzes the legal considerations applied by judges in granting such leniency. This research employs a normative legal method using statutory and conceptual approaches. Primary legal materials consist of relevant laws and regulations, while secondary materials include legal doctrines and scholarly articles. The data are analyzed qualitatively through descriptive analysis. The results indicate that although justice collaborators are legally entitled to special protection and the possibility of sentence reduction, their implementation in murder cases is not automatic and depends heavily on judicial discretion. Judges consider several factors, including the significance of the information provided, the role of the offender in the crime, and the consistency of cooperation during the investigation and trial process. The study concludes that clearer legal standards and consistent judicial application are necessary to ensure legal certainty and fairness in granting sentence reductions to justice collaborators in murder cases.
The Implementation of Restorative Justice in Tipiring Cases as an Effort to Reduce Suspects in Detention Kurniawan, Dani; Nasoetion, Dedi Wardana; Borman, M. Syahrul
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1438

Abstract

This study examines the application of restorative justice in handling minor criminal offenses as an effort to reduce the number of detainees in detention centers. The current handling of minor offenses in Indonesia is often considered disproportionate, as imprisonment is frequently imposed despite the relatively small impact of such crimes. This situation contributes to overcrowding in correctional institutions and increases the burden on the criminal justice system. Restorative justice offers an alternative approach that emphasizes dialogue, mediation, and reconciliation between the offender and the victim in order to restore the social relationship that has been disrupted by the crime. This research employs a normative juridical method by analyzing relevant laws, regulations, and legal literature concerning the implementation of restorative justice in Indonesia. The findings indicate that restorative justice can provide a more effective, humane, and efficient solution in resolving minor criminal cases. Through this approach, victims can obtain compensation and a sense of justice, while offenders are given the opportunity to take responsibility and reintegrate into society without the negative stigma of imprisonment. Therefore, restorative justice can serve as an important instrument in reducing the number of detainees and improving the effectiveness of the criminal justice system in Indonesia
Co-Authors Borman, M. Syahrul Dani Kurniawan, Dani Hartoyo Hartoyo Krisnawan, Afi Bayu Kusuma, Redho Rachmad Hadi MOH. TAUFIK Putra, Dany Ardiansah Soekorini, Noenik Wahyu Prawesthi, Wahyu Wijaya, Radar