Article Per Year (5 Year)
p-Index From 2021 - 2026
1.048
P-Index
This Author published in this journals
All Journal Yustisia JHR (Jurnal Hukum Replik) Jurnal Suara Hukum Jurnal Pengabdian Hukum Indonesia Indonesian Journal of Criminal Law Studies Unnes Law Journal : Jurnal Hukum Universitas Negeri Semarang
Ridwan Arifin
Faculty of Law, Universitat de Barcelona
Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 6 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 6 Documents
Search

 1 
Reconstructing the Legal Understanding of the Presumption of Innocence in Criminal Justice to Achieve Justice Heri Purwanto; Pujiyono; Irma Cahyaningtyas; Ridwan Arifin; Muhammad Azil Maskur
Indonesian Journal of Criminal Law Studies Vol. 10 No. 2 (2025): Indonesia J. Crim. L. Studies (November, 2025)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v10i2.32033

Abstract

The presumption of innocence (APTB) is a well-known principle that guarantees human rights. This principle is also used in criminal law to protect suspected criminals. The problem is that law enforcement officials do not fully understand this principle in criminal proceedings, as they tend to believe that the presumption of guilt applies to suspected criminals. Law enforcement officials believe that the judicial process cannot proceed if the presumption of guilt principle is not applied. However, the APTB is not the opposite of the presumption of guilt principle; rather, it is a principle that can bring balance to the criminal justice process by prioritizing legal protection for those seeking justice to prevent them from facing arbitrary actions by law enforcement officials. This method employs normative research, prioritising the analysis of secondary data/literature supported by other literature and cases drawn from internet sources. The findings of this study explain that law enforcement officials' understanding of APTB is crucial in the criminal justice process as a form of legal protection for those seeking justice. Applying the principle must be supported by clearly incorporating APTB into the provisions of the Criminal Procedure Code (KUHAP) for the future. Currently, APTB is not regulated in the provisions of the KUHAP, so in the future, when the principle is regulated, law enforcement officials in the criminal justice process will have a strong basis for not disregarding the presumption of innocence principle.
Pulling at Both Ends of the String: The Political and Legal Tug in Refugee and Migration Policy in Indonesia Fakhrirafi Zharfan; Ristina Yudhanti; Dewi Sulistianingsih; Achmad Fahmi Zulfikar; Ngboawaji Daniel Nte; Adnan Ibrahim Sarhan; Ridwan Arifin
Unnes Law Journal Vol. 11 No. 2 (2025): October, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ulj.v11i2.15543

Abstract

This paper analyzes the complex and often contradictory dynamics of refugee and migration policy in Indonesia, framed within the political and legal tug-of-war that shapes human rights protections. As one of Southeast Asia’s key transit and destination countries for refugees and migrants, Indonesia's policy approaches are influenced by both international obligations and domestic political considerations. Despite being a signatory to the 1951 Refugee Convention, Indonesia has not adopted comprehensive national legislation to protect refugees, leaving a gap in the legal framework that often results in ad-hoc, inconsistent practices. This study critically examines the tension between political interests—such as national sovereignty, security concerns, and public opinion—and the legal obligations tied to human rights protections under international law. The research analyzes the roles of domestic political actors, including the government, lawmakers, and civil society, in shaping policies related to refugees and migrants. It also explores the legal frameworks that both constrain and enable state actions regarding asylum seekers, detention, and deportation. Through a review of recent case studies and policy shifts, this paper highlights the challenges of balancing humanitarian obligations with domestic priorities. The analysis underscores the need for a more coherent and rights-based approach to migration and refugee policy in Indonesia, suggesting that the existing legal and political landscape often pulls in opposite directions, undermining effective protection for vulnerable populations. Ultimately, this study contributes to the ongoing discourse on global migration governance, offering insights into how national policies can evolve to better protect refugees while navigating political realities.
Unfair Terms in Standard Digital Contracts: A Hidden Threat to Human Rights and Consumer Justice Admiral Admiral; Ridwan Arifin; Fadhel Arjuna Adinda; Souad Ahmed Ezzerouali
Yustisia Vol 14, No 3: December 2025
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v14i3.109656

Abstract

The rise of standard-form digital contracts, such as clickwrap and browsewrap agreements, has changed the way contracts work in the contemporary world by putting efficiency ahead of justice. These contracts make it easier to scale up and access. However, they often include provisions that are not changeable and are unjust, which makes meaningful consent, consumer autonomy, and legal justice less likely. This study examines to explore the legal, ethical, and human rights dimensions of standard form digital contracts. This study uses legal research with comparative analysis of regulatory frameworks and judicial practices in the European Union, the United States, and Indonesia. The study identifies recurrent unfair clauses, including unilateral limitation of liability, forced arbitration, unilateral modification of terms, and excessive personal data exploitation. The findings reveal that formal consent mechanisms in digital contracts often function as legal fictions that obscure structural power imbalances and enable systematic violations of consumer rights and fundamental human rights, particularly the rights to privacy, information, and effective legal remedy. This article also contributes to the development of contemporary contract law by advancing a rights-based and substantive fairness approach to digital contracting, emphasising human dignity, autonomy, and equitable power relations as core standards for assessing contractual validity in the digital economy
Sustainable Research and Community Engagement Model in Indonesian Public Universities: Legal and Policy Perspectives Irawaty Irawaty; R Benny Riyanto; Dina Silvia Puteri; Nurul Fibrianti; Ridwan Arifin; Wahyudin Wahyudin
Jurnal Pengabdian Hukum Indonesia (Indonesian Journal of Legal Community Engagement) JPHI Vol. 9 No. 1 (2026): (January-June 2026)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jphi.v9i1.35960

Abstract

Universities must not stand alone and act as institutions that are not related to communities. Education should elevate scholars, not only in terms of thinking but also in terms of giving positive contribution to communities. In Indonesia, there are some types of status of universities, one of them is named public universities with legal entity (PTN-BH). This type of status is also mandated to provide contributions to communities that should be aligned with results of previous research conducted by universties’ scholars or vice versa. Nevertheless, regulations on how research and community engangement through such model may be realized remain limited. Thus, this work aims to establish a model for such research and community engangement by considering the existing policy and regulations. This research used quantitative approach. Data gathered through semi-structured interviews, documents analysis, and case studies from selected PTN-BH. Methods of analyzing data were thematically identified patterns, challenges, and best practices. The findings were: (1) it is essential for PTN-BH to establish robust policy and regulations, (2) constitute how to have sustainable engagement projects between PTN-BH with communities, and (3) determine sustainable mutual benefits. The model that is proposed has been developed through careful consideration of policy and laws that have been there as enabling factors not as barriers. Thus, the contibution of this study is the notion of the necessity of sustainable connection between PTN-BH with community that corresponds with the existing policy and regulations. This aligns with Sustainable Development Goals (SDGs) 4: Quality Education.
Too Old to Punish? Reconsidering Rechterlijk Pardons for Elderly Offenders Angga Angga; Muhammad Azil Maskur; Ridwan Arifin; Muhammad Nuruddin Ahmad Zaki
Jurnal Hukum Replik Vol 13 No 2 (2025): Jurnal Hukum Replik
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/jhr.v13i2.15864

Abstract

The introduction of rechterlijk pardon (judicial pardon) within the reformed Criminal Code represents a significant legislative shift toward mitigating the punitive burden on elderly offenders. This study explores the intersection of judicial leniency and restorative justice, evaluating how the suspension of imprisonment can facilitate the rehabilitation of the perpetrator while addressing the victim's needs. Utilizing a normative juridical method with a qualitative approach, the research analyzes primary legal instruments—specifically the new Indonesian Criminal Code—alongside secondary legal literature and comparative jurisprudence. Data validity is ensured through theoretical and source triangulation. The findings indicate that while the current legal framework explicitly permits judicial pardon for offenders aged 75 and over, a gap exists regarding those under this threshold who suffer from age-related physical and psychological decline. The study argues that the application of rechterlijk pardon should not rely solely on chronological age but should integrate restorative justice principles to achieve “win-win” outcomes. This research contributes to the discourse on geriatric criminology and legislative reform by proposing a more nuanced, health-based criteria for judicial discharge. It offers a framework for judges to balance statutory requirements with the human rights of elderly defendants, advocating for a restorative model that moves beyond mere incarceration toward social reintegration.
What Role Do Legal and Policy Frameworks Play in Integrating Local Heroes’ Wisdom into National Education? Andy Suryadi; Cahyo Budi Utomo; Andriyanto; Heni Purwono; Ridwan Arifin
Jurnal Suara Hukum Vol. 8 No. 1 (2026): Jurnal Suara Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v8n1.p250-300

Abstract

This study explores the role of legal and policy frameworks in integrating local heroes' wisdom into national education systems, particularly in the context of Indonesia’s efforts to reinforce national identity through local cultural values. In response to the challenges posed by globalization and transnational cultural flows, this paper advocates for a strategic approach that incorporates local heroes’ wisdom into educational curricula, with a particular focus on regions like Central Java, which are rich in historical narratives of local resistance. Despite the cultural and historical significance of local heroes, their wisdom remains fragmented and underutilized within the national education framework. This research examines the interplay between legal structures and educational policies in facilitating the inclusion of local wisdom in national curricula, highlighting relevant Indonesian laws such as Undang-Undang No. 20 Tahun 2003 tentang Sistem Pendidikan Nasional (National Education System Law), which emphasizes the need for education to reflect national culture, and Undang-Undang No. 5 Tahun 2017 tentang Pemajuan Kebudayaan (Cultural Advancement Law), which promotes the preservation and integration of local cultural heritage. By applying legal theory, such as the concept of lex cultura—the legal recognition and protection of cultural rights—this study examines how legal and policy frameworks can ensure the documentation, protection, and integration of local heroes' narratives into educational curricula. Using a multi-method approach over two years, the research maps the values upheld by local heroes in Central Java, and in its second phase, investigates the pedagogical strategies employed by teachers to integrate these values into national education practice. This paper contributes to legal scholarship by discussing the role of law in preserving local knowledge while addressing the challenges and effectiveness of its integration in building national identity among students.
Co-Authors Achmad Fahmi Zulfikar Admiral Admiral Adnan Ibrahim Sarhan Andriyanto Andy Suryadi Angga Angga Cahyo Budi Utomo Dewi Sulistianingsih Dina Silvia Puteri Fadhel Arjuna Adinda Fakhrirafi Zharfan Heni Purwono Heri Purwanto Irawaty Irawaty Irma Cahyaningtyas Muhammad Azil Maskur Muhammad Azil Maskur Muhammad Nuruddin Ahmad Zaki Ngboawaji Daniel Nte Nurul Fibrianti Pujiyono R Benny Riyanto Ristina Yudhanti Souad Ahmed Ezzerouali Wahyudin Wahyudin