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All Journal Journal of Strafvordering Indonesian Journal of Shariah Economics
Dudik Djaja Sidarta
Universitas Dr. Soetomo Surabaya
Religion Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Analysis of the Proof of Gratuity as a Criminal Act of Corruption in Criminal Justice Nurfathiana F; Subekti Subekti; Dudik Djaja Sidarta
Journal of Strafvordering Indonesian Vol. 2 No. 6 (2026): JOSI - JANUARY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/z4akxw44

Abstract

This article examines the construction of proof of gratification as a form of corruption crime within the Indonesian criminal law system, particularly concerning the application of reverse proof as regulated in Law No. 31 of 1999 jo. Law No. 20 of 2001. This study uses a normative juridical method with a statutory approach, a conceptual approach, and jurisprudence review. The analysis results show that proof of gratification contains a juridical dilemma between the effectiveness of eradicating corruption and the protection of the presumption of innocence principle. Article 12B creates a shift in the burden of proof, which is normatively recognized by the Constitutional Court, but its implementation still raises issues of legal uncertainty and inconsistency in interpreting the elements of positional relationship and the intention of acceptance. The mechanism for reporting gratuities through the KPK essentially provides legal protection, but its effectiveness depends on the compliance of public officials and the capacity for oversight. This study emphasizes the need to strengthen regulations, harmonize jurisprudence, and provide technical guidelines for evidence to ensure a balance between the effectiveness of law enforcement and the protection of defendants' constitutional rights.
Analisis Putusan Hakim Dalam Perkara Tindak Pidana Kekerasan Seksual Terhadap Anak (Studi Kasus Nomor 1941/Pid. Sus/2024/PN Sby) Fatimah Nur Fauzia; M. Syahrul Borman; Dudik Djaja Sidarta; Noenik Soekorini
JOURNAL OF SHARIA ECONOMICS Vol. 4 No. 1 (2022): Journal of Sharia Economics
Publisher : Program Studi Ekonomi Syariah, Fakultas Ekonomi dan Bisnis Islam, Universitas Al Hikmah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35896/jse.v7i1.1106

Abstract

Sexual violence against children is a serious form of human rightsviolation with widespread physical, psychological, and social impacts.This study aims to analyze the judge's considerations in issuing averdict in a case of sexual violence against children based on CaseStudy Number 1941/Pid.Sus/2024/PN Sby, and assess itscompliance with the provisions of the Child Protection Law. Themethod used is a normative juridical approach using primary andsecondary data sources, including court decisions and relevant lawsand regulations. The results show that the judge considered two mainaspects in issuing a verdict: legal considerations (such as charges,evidence, and violated articles) and non-legal considerations (suchas the victim's psychological condition, the defendant'ssocioeconomic background, and morality factors). In this case, theperpetrator was sentenced to six years in prison and a fine ofRp50,000,000.00 for being proven to have committed sexual violenceagainst children. This verdict reflects efforts to protect child victimslegally, although there is still room for evaluation regarding theoptimization of aspects of restorative justice and victim rehabilitation.This research is expected to contribute to the development of juvenilecriminal law and the evaluation of judicial practices regarding sexualcrimes targeting vulnerable groups.
Peran Polri Dalam Penanggulangan Tindak Pidana Pencurian Kendaraan Bermotor Oleh Anak Di Daerah Bangkalan Khoirul Abror; M. Syahrul Borman; Wahyu Prawesti; Dudik Djaja Sidarta
JOURNAL OF SHARIA ECONOMICS Vol. 4 No. 1 (2022): Journal of Sharia Economics
Publisher : Program Studi Ekonomi Syariah, Fakultas Ekonomi dan Bisnis Islam, Universitas Al Hikmah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35896/jse.v4i1.1340

Abstract

Motor vehicle theft by children is a criminal phenomenon that causes social unrest and raises legal issues related to child protection. This study aims to analyze the factors causing children to commit motor vehicle theft in the Bangkalan area and examine the role of the Indonesian National Police in combating this crime. This study uses an empirical legal approach with qualitative methods through interviews, observations, and document studies. The results show that economic factors, family disorganization, social environmental influences, low legal education, and weak supervision are the main determinants of child involvement in criminal acts. In the context of countermeasures, the Indonesian National Police implements preventive, repressive, and restorative justice strategies in accordance with Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. Rehabilitative and diversion approaches are the main instruments in maintaining a balance between law enforcement and the protection of children's rights.
Co-Authors Fatimah Nur Fauzia Khoirul Abror M. Syahrul Borman Noenik Soekorini Nurfathiana F Subekti . Wahyu Prawesti