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All Journal Journal of Constitutional Law Society (JCLS) Delicti : Jurnal Hukum Pidana Dan Kriminologi
Setiawan, Junet Hariyo
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Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Rekonstruksi Peran Judex facti dalam Perkara Narkotika: (Analisis Putusan Banding Nomor 130/PID.SUS/2023/PT DKI) Setiawan, Junet Hariyo
Delicti : Jurnal Hukum Pidana Dan Kriminologi Vol. 3 No. 1 (2025)
Publisher : Fakultas Hukum Universitas Andalas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/delicti.v.3.i.1.p.54-67.2025

Abstract

This study examines the function of judex facti exercised by the High Court in narcotics criminal cases, with a particular focus on the appellate decision Number 130/PID.SUS/2023/PT DKI involving a high-ranking law enforcement officer. Within the Indonesian legal system, the High Court is mandated to perform a substantive corrective role by re-evaluating facts and evidentiary materials, including digital evidence, to ensure both procedural and substantive justice. Employing a normative juridical approach, this research analyzes statutory regulations, legal doctrines, and relevant judicial decisions. The findings reveal that the High Court failed to exercise its corrective function effectively: no forensic verification was conducted on digital evidence, the defendant's confession was accepted without independent corroboration, and the standards for digital evidence as stipulated in Supreme Court Regulation No. 4 of 2020 were disregarded. As a result, the appellate ruling merely confirmed the first-instance judgment without substantive reconsideration. This study recommends an amendment to the Indonesian Code of Criminal Procedure (KUHAP) to explicitly regulate digital evidence, alongside the development of technical guidelines and capacity building for judges in assessing electronic evidence. Such reforms are essential to reinforce judicial accountability and safeguard impartial justice in narcotics cases involving institutional actors.
CRIMINALIZATION POLICY OF DEEPFAKE IN INDONESIAN ELECTIONS: KEBIJAKAN KRIMINALISASI DEEPFAKE DALAM PEMILU INDONESIA Irvan, Rachmat; Setiawan, Junet Hariyo
Constitutional Law Society Vol. 5 No. 1 (2026): March
Publisher : Pusat Studi Konstitusi dan Perundang-undangan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/jcls.v5i1.125

Abstract

Technological engineering in the form of artificial intelligence (AI), particularly through deepfake content, has given rise to new forms of cybercrime that are complex and multidimensional. However, Indonesia’s positive law has yet to specifically regulate this phenomenon, resulting in legal uncertainty. This study aims to examine the effectiveness of existing regulations and to formulate an ideal criminalization policy. It employs normative juridical research with statutory and conceptual approaches. The main findings reveal that regulations such as the Electronic Information and Transactions Law (UU ITE) and the Personal Data Protection Law (UU PDP) are reactive in nature and do not provide a technical definition of deepfake. This absence complicates digital forensic evidence and law enforcement, further exacerbated by structural weaknesses such as poor inter-agency coordination and low levels of digital literacy among the public. The scientific contribution of this article lies in its proposal for a multidimensional regulatory strategy that not only focuses on legal reform through the formulation of new criminal provisions, but also integrates the strengthening of forensic technology and the enhancement of digital literacy as preventive instruments within criminal law policy.
Co-Authors Irvan, Rachmat