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All Journal Ilmu Hukum Prima Indonesian Journal of Criminal Law Studies
Ade Adhari
Universitas Tarumanegara
Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Optimizing Oversight: Developing an Ideal Framework for Supervision Prisoners’ Rights Allocation Anis Widyawati; Dian Latifiani; Helda Rahmasari; Ade Adhari
IJCLS (Indonesian Journal of Criminal Law Studies) Vol. 9 No. 2 (2024): Indonesia J. Crim. L. Studies (November, 2024)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v9i2.36628

Abstract

This study analyzes the problem of a prosecutor’s procrastination in executing a court judgment that delays the prisoners’ serving their sentences and causes some irregularities in the correctional facilities regarding the prisoners’ rights trade. The introduction of many prisons without a specific body to supervise the execution of the sentence, particularly the warded people’s freedom in Indonesia, appeared to have unfulfilled justice in the society. In this regard, this research aims to define the validity of the need to enhance the Supervision of prisoners’ rights protection in Central Java. It describes an optimal system relevant to such Supervision. The type of research that was utilized in this study is sociological juridical. Sociological juridical research serves to be the opposite of normative legal research. It is revealed that there have been ongoing infringements of prisoners’ rights, highlighting the further need to set a more comprehensive mechanism that would include the Police, the Prosecutors, the Courts, and the Correctional Institutions in the system of oversight and other management functions. Every level in the hierarchy system of the Criminal Justice System has its limit on including the human rights of prisoners containing adequate risks of intrusion, where checks and balances must be exercised. Formally and horizontally, these rights must be assured and upheld both legally and in their spirit by Justice and the Law. This study’s findings are that appropriate measures need to be applied to implement better Supervision policies aimed at safeguarding the human rights of prisoners and ensuring the justice system in Indonesia is not compromised.
Criminal Liability of Online Gamblers Based on the Roles of Bookies, Operators, Affiliates, and Players Bara Libra Sagita; Gunardi Lie; Ade Adhari
Ilmu Hukum Prima (IHP) Vol. 9 No. 1 (2026): JURNAL ILMU HUKUM PRIMA
Publisher : jurnal.unprimdn.ac.id

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Abstract

This study examines the criminal liability of online gambling perpetrators in Indonesia based on the roles of bookies, operators, affiliates, and players within the online gambling system. The analysis was conducted using a juridical-normative approach, examining regulations such as Article 303 of the Criminal Code and the ITE Law, as well as recent court decisions. The results show that levels of criminal liability vary based on the perpetrator's role, involvement, and intent, with bookies as the primary perpetrators bearing the heaviest responsibility. Operators and affiliates can be subject to criminal sanctions for facilitating and promoting online gambling activities. Players are subject to proportionate sanctions, taking into account aspects of awareness and socio-psychological factors such as addiction. Law enforcement faces challenges from technological developments, perpetrator anonymity, and jurisdictional boundaries, necessitating regulatory strengthening, law enforcement capacity building, cross-border cooperation, and public education. This study is limited to literature and regulatory analysis, therefore, empirical research is needed to delve deeper into socio-cultural issues and technical barriers in the field.
A Fair Protection Model for Trademark Owners Unregistered Due to Registration Negligence Muhammad Iridenta Tania; Gunardi Lie; Ade Adhari
Ilmu Hukum Prima (IHP) Vol. 9 No. 1 (2026): JURNAL ILMU HUKUM PRIMA
Publisher : jurnal.unprimdn.ac.id

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Abstract

This study discusses a fair model of brand protection for unregistered brand owners due to registration negligence by examining the constitutive and declarative systems in Indonesia. The objective of the study is to formulate a legal protection model that grants rights based on actual use while guaranteeing legal certainty through formal registration. The method used is normative juridical with a qualitative approach, reviewing laws and regulations, court decisions, and related literature. The results show that a hybrid model combining the constitutive and declarative systems provides a balanced protection solution. Implementation of this model requires support from regulatory revisions, outreach to business actors, and effective law enforcement to prevent unfair competition. In conclusion, this hybrid protection model can improve fairness and certainty in brand protection in Indonesia.
Co-Authors Anis Widyawati Bara Libra Sagita Dian Latifiani Gunardi Lie Helda Rahmasari Muhammad Iridenta Tania