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All Journal Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Jurnal Hukum Sehasen Jurnal Hukum dan Sosial Politik
Nasoetion, Dedi Wardana
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Law, Crime, Criminology & Criminal Justice

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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
Plea Bargaining In The 2025 Draft Indonesian Criminal Procedure Code: Legal Certainty And Justice Nasoetion, Dedi Wardana; Soekorini, Noenik; Hartoyo, Hartoyo
JURNAL HUKUM SEHASEN Vol 11 No 2 (2025): Oktober
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v11i2.11293

Abstract

The enactment of Law No. 20 of 2025 on the Indonesian Criminal Procedure Code (KUHAP) introduces plea bargaining as a negotiated mechanism permitting admissions of guilt in exchange for sentencing concessions, marking a paradigmatic shift from judicial truth-seeking toward prosecutorial negotiation. This study examines whether such a shift is constitutionally coherent within Indonesia’s civil law framework. Using a normative juridical (doctrinal) methodology grounded in hierarchical norm theory, constitutional interpretation, and principled balancing, the research analyzes the compatibility of plea bargaining with legal certainty, equality before the law, presumption of innocence, and rule-of-law principles under UUD 1945. The findings demonstrate that while plea bargaining is formally valid within the statutory hierarchy, its substantive legitimacy is conditional. Ambiguities in eligibility criteria and sentencing parameters risk undermining legal certainty; expanded prosecutorial discretion raises equality concerns; and significant sentencing differentials may threaten voluntariness. Judicial oversight emerges as the decisive safeguard, requiring substantive verification of voluntariness, evidentiary sufficiency, and proportionality. The study concludes that plea bargaining is normatively defensible only if reinforced by strict judicial control and clearly structured procedural safeguards. This research contributes an integrated constitutional-doctrinal framework clarifying the legitimacy conditions of negotiated justice within civil law systems.
Analisa Hukum Penerapan Restorative Justice dalam Tindak Pidana Kecelakaan Lalu Lintas di Tahap Penyidikan Rahmat Zarkasih Londa; Hartoyo Hartoyo; Nasoetion, Dedi Wardana; Sri Astutik
Jurnal Hukum dan Sosial Politik Vol. 3 No. 4 (2025): November: Jurnal Hukum dan Sosial Politik
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jhsp-widyakarya.v3i4.5814

Abstract

This study examines the application of restorative justice in traffic accidents during the investigation stage. The main focus of this research is to analyze the regulations and implementation process. The goal is to comprehensively describe how restorative justice policies are regulated by law and how they are practiced in the field, particularly by investigators. The research method used is a juridical- normative method with a qualitative approach. Data were obtained through literature review and in-depth interviews with relevant parties. The results indicate that restorative justice can be applied in resolving traffic accident cases, especially those resulting in minor losses or minor injuries. This regulation is contained in various regulations, such as Police Regulations and Circular Letters that serve as guidelines for investigators. The implementation process involves mediation between the perpetrator, the victim, and other relevant parties to reach a peaceful agreement. This agreement often includes compensation, an apology, or other mutually agreed-upon forms of reparation. The application of restorative justice aims to restore conditions to normal, restore social relationships, and avoid lengthy formal judicial processes. However, its implementation still faces challenges, such as unequal public legal awareness and the criteria for cases that can be resolved through restorative justice.
Co-Authors Hartoyo Hartoyo Hartoyo Hartoyo Krisnawan, Afi Bayu Kusuma, Redho Rachmad Hadi MOH. TAUFIK Rahmat Zarkasih Londa Soekorini, Noenik Sri Astutik Wijaya, Radar