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All Journal Jurnal Alwatzikhoebillah : Kajian Islam, Pendidikan, Ekonomi, Humaniora
Erwin
Universitas Jambi
Religion Humanities Economics, Econometrics & Finance Education Social Sciences

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Pertanggungjawaban Pidana terhadap Tindakan Aparat dalam Penanganan Unjuk Rasa Berdasarkan Konsep Command Responsibility di Indonesia Era Permatasari; Hafrida; Erwin
Jurnal Alwatzikhoebillah : Kajian Islam, Pendidikan, Ekonomi, Humaniora Vol. 12 No. 2 (2026): Jurnal Alwatzikhoebillah : Kajian Islam, Pendidikan, Ekonomi, Humaniora
Publisher : Institut Agama Islam Sultan Muhammad Syafiuddin Sambas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37567/alwatzikhoebillah.v12i2.5121

Abstract

This study aims to analyze the criminal liability of law enforcement officers in handling public demonstrations based on the concept of command responsibility in Indonesia. Public demonstrations are constitutional rights guaranteed by laws and regulations. However, in practice, there are still actions by law enforcement officers that potentially violate the law and human rights during the security and dispersal of demonstrations. The main issue of this research is how criminal liability is regulated and how the concept of command responsibility can be applied to superiors who knew or should have known about violations committed by their subordinates. This research employs a normative legal research method using statutory and conceptual approaches. The findings indicate that criminal liability may be imposed not only on direct perpetrators but also on commanding officers who had authority and control, provided that they knew or should have known about the violations and failed to take necessary measures to prevent or punish such acts. Therefore, the concept of command responsibility serves as an important mechanism for ensuring accountability among law enforcement officers and protecting human rights in the handling of public demonstrations in Indonesia.
Pengaturan Tindak Pidana Pemalsuan Uang dalam Perspektif Kepastian Hukum Rendy Winata; Sahuri Lasmadi; Erwin
Jurnal Alwatzikhoebillah : Kajian Islam, Pendidikan, Ekonomi, Humaniora Vol. 12 No. 2 (2026): Jurnal Alwatzikhoebillah : Kajian Islam, Pendidikan, Ekonomi, Humaniora
Publisher : Institut Agama Islam Sultan Muhammad Syafiuddin Sambas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37567/alwatzikhoebillah.v12i2.5259

Abstract

This study analyzes the regulation of the crime of counterfeiting from the perspective of legal certainty. Currently, the regulation is dualistic, with Law Number 7 of 2011 concerning Currency as the lex specialis and Law Number 1 of 2023 concerning the Criminal Code as the general provision. This dualism gives rise to various problems, such as unclear norms regarding the definitions of "counterfeiting" and "resembling," overlapping provisions, disparate criminal penalties, and the inability to regulate counterfeiting electronic money, counterfeit QRIS (Qualified Transaction Receipt System), cryptocurrency, and Artificial Intelligence-based counterfeiting. This normative legal research, using legislative, conceptual, and comparative analysis approaches, finds that regulatory policies do not provide adequate legal certainty. Harmonization of regulations is urgently needed to create clear criminal definitions, proportionate criminal penalties, and consistent law enforcement. This research is expected to provide comprehensive legislative policy recommendations to strengthen the protection of the Rupiah, increase the deterrent effect, and maintain national economic stability amidst rapid technological developments.
Co-Authors Era Permatasari Hafrida Rendy Winata Sahuri Lasmadi