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All Journal JURNAL HUKUM Kosmik Hukum ADLIYA: Jurnal Hukum dan Kemanusiaan Indonesia Private Law Review Journal of Constitutional Law Society (JCLS)
Bhanu Prakash Nunna
RV University
Religion Humanities Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Reconstruction of the Guilt Concept in the 2023 Indonesian Criminal Code from a Neurolaw Perspective Kartono Kartono; Sophan Y. Warnasouda; Sri Humana Lagustiani; Soeryaniati Koesoemo; Sri Hastuti; J. Aminullah Alwahdy; Ulang Mangun Sosiawan; Bhanu Prakash Nunna
Jurnal Hukum Vol 42, No 1 (2026): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v42i1.48576

Abstract

This study examines the reconstruction of the guilt concept in the 2023 Indonesian Criminal Code through a neurolaw perspective. Employing doctrinal legal research with an interdisciplinary approach, it analyzes Law Number 1/2023, neurolaw publications from international journals, and recent Supreme Court decisions (2023–2025) through thematic and conceptual analysis. The findings reveal three principal issues. First, Articles 17, 35, 38, and 39 contain progressive provisions but lack neuroscientific specificity, creating interpretive gaps: undefined “ability” (Article 17), unspecified “impairment” threshold (Article 35), and exclusive reliance on traditional psychiatric categories (Articles 38 and 39). Second, analysis of court decisions reveals significant interpretive disparity in cases involving mentally disordered defendants. Neuroscientific evidence demonstrates that prefrontal cortex impairments compromise moral decision-making and impulse control, supporting a spectrum-based understanding of guilt. Third, integrating neurolaw would provide objective criteria for assessing cognitive and volitional capacity across the graded framework of Articles 38 and 39. This study is the first to systematically integrate international neurolaw literature with doctrinal analysis of the 2023 Criminal Code, offering interpretative guidance for key articles and an implementation roadmap for Indonesian criminal justice aligned with the ultimum remedium principle.
CONFLICT RESOLUTION PATTERNS IN INDIGENOUS COMMUNITIES OF INDONESIA: A COMPREHENSIVE STUDY OF THE CUSTOMARY LAWS OF BADUY, KAJANG, AND ANAK DALAM IN JAMBI Rena Yulia; Chairul Huda; Muhamad Romdoni; Achmad Cholidin; Bhanu Prakash Nunna
Indonesia Private Law Review Vol. 6 No. 2 (2025)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/iplr.v6i2.4671

Abstract

This study examines the conflict resolution practices of Baduy, Kajang, and Suku Anak Dalam (SAD) Jambi communities, all of whom continue to apply customary law to address violations within their territories. Using a combination of normative and empirical methods with snowball data collection, the research identifies the traditional mechanisms through which these communities maintain social order. Baduy resolve disputes through Silih Hampura, carried out via the Ngabokoran process and guided by Pikukuh, an unwritten code defining customary violations and their resolutions. Kajang apply Pasang Ri Kajang, an oral system that uses oaths, crowbar-burning, or incense-burning rituals in conflict settlement. The SAD Jambi follow a customary framework consisting of four primary and four secondary principles and dua belas categories of violations. Conflict resolution in Kajang and SAD communities typically involves customary fines, while the Baduy impose banishment rather than imprisonment. Across the three groups, the central aim of customary dispute resolution is the restoration of cosmic religious balance, benefiting not only the parties involved but the community and the wider natural order.
Victim Oriented Plea Bargaining in Indonesia’s Criminal Justice System : Toward Substantive Justice for Victims of Crime Kus Rizkianto; Kanti Rahayu; Bhanu Prakash Nunna
Kosmik Hukum Vol. 26 No. 2 (2026)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v26i2.28841

Abstract

This study examines the formulation of a victim-oriented plea bargaining model to promote substantive justice for both defendants and victims in Indonesia. Plea bargaining refers to a defendant’s admission of guilt through negotiation with the public prosecutor in exchange for a reduced sentence. It may be applied to first-time offenses punishable by a maximum imprisonment of five years and a maximum fine of five hundred million rupiah, provided that the defendant agrees to compensate the victim. However, judicial practice shows that plea bargaining tends to prioritize imprisonment while neglecting victims’ rights to restitution. Using a normative juridical method, this study analyzes statutory regulations and legal literature through qualitative descriptive analysis. The findings reveal two main issues. First, plea bargaining is regulated under Article 78 paragraph (1), Article 205 paragraph (2), and Article 234 paragraph (1) of Law Number 20 of 2025 concerning the Criminal Procedure Code, but non-compliance with restitution obligations only results in substitute imprisonment, leaving victims uncompensated. Second, a victim-oriented model should require defendants to apologize, involve victims in negotiations, and ensure agreement on compensation, settlement mechanisms, and criminal sanctions. When defendants are unable to provide compensation, the State should assume responsibility through a victim compensation fund. This study recommends revising the Criminal Procedure Code, establishing state-funded victim compensation, strengthening prosecutorial supervision over plea bargaining agreements, and formulating Supreme Court guidelines to balance defendants’ rights with victims’ substantive justice.
INTEGRATED ENVIRONMENTAL LAW POLICIES AND SPATIAL CONTROL FOR FLOOD MITIGATION Refi Meidiantama; Ahmad Irzal Fardiansyah; Maya Shafira; Bhanu Prakash Nunna; Dita Trijayanti
Journal of Constitutional Law Society Vol. 5 No. 2 (2026): September
Publisher : Pusat Studi Konstitusi dan Perundang-undangan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/jcls.v5i2.160

Abstract

Flooding in Bandar Lampung City stems not only from natural factors but also from environmental crime and weak spatial utilization control. This study contributes originally by situating environmental crime policy and spatial control within a constitutional and administrative law framework, an angle not yet developed in existing flood-mitigation literature on the city. It analyzes environmental crime control and spatial utilization policies in flood mitigation and normatively examines their enforcement effectiveness, focusing on how penal and non-penal measures address environmental crime, spatial violations, and administrative violations, and how enforcement functions in spatial control. This normative legal research applies statutory and conceptual approaches, analyzing primary, secondary, and tertiary legal materials qualitatively. Results show penal measures apply criminal provisions in environmental and spatial planning law while adhering to the ultimum remedium principle under Article 613 of Law Number 1 of 2023 on the Criminal Code, treating criminal sanctions as a last resort applied only after administrative instruments prove ineffective, consistent with the state's constitutional duty under Article 28H(1) of the 1945 Constitution to guarantee every person's right to a good and healthy environment. Non-penal measures involve strengthening spatial planning policy, licensing supervision, conservation-area protection, environmental rehabilitation, and community participation. Applying Soerjono Soekanto's theory of law enforcement effectiveness, normative-documentary analysis finds enforcement of environmental crime and spatial control in Bandar Lampung City has not been optimal, with the law enforcement factor as the most problematic dimension, particularly due to persistent obstacles in monitoring and in consistently imposing sanctions against environmental and spatial utilization violations.
Reformulating Organ Transplantation Policies Through Comparative Perspectives on Human Trafficking Laws in Indonesia and The Philippines Muhamad Iqbal; Iin Indriani; Susanto; Bhanu Prakash Nunna
ADLIYA: Jurnal Hukum dan Kemanusiaan Vol. 19 No. 2 (2025): ADLIYA: Jurnal Hukum dan Kemanusiaan
Publisher : Fakultas Syariah dan Hukum UIN Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/adliya.v19i2.44603

Abstract

With the help of new technologies, the healthcare industry has made significant progress in addressing various diseases, including organ transplantation as a medical innovation to overcome organ failure. However, Indonesia continues to face an imbalance between organ demand and available donors, resulting in illicit practices and potential human organ trafficking. Using a normative juridical and comparative approach, this study analyses the legal frameworks in Indonesia and the Philippines regarding the prevention and punishment of organ trafficking. The findings show that Indonesia’s legal system lacks a coherent structure to regulate organ transplantation, leaving loopholes that allow exploitation under kinship-based donations, while the Philippines enforces a more detailed regulatory and institutional mechanism. Consequently, this study concludes that a reformulation of Indonesia’s criminal policy on organ transplantation is essential to integrate human trafficking perspectives, strengthen enforcement mechanisms, and align national regulations with international bioethical and legal standards.
Co-Authors Achmad Cholidin Chairul Huda, Chairul Dita Trijayanti Fardiansyah, Ahmad Irzal Iin Indriani J. Aminullah Alwahdy Kanti Rahayu Kartono Kartono Kus Rizkianto Maya Shafira Muhamad Iqbal Muhamad Romdoni Refi Meidiantama Rena Yulia Soeryaniati Koesoemo Sophan Y. Warnasouda Sri Hastuti Sri Humana Lagustiani Susanto Ulang Mangun Sosiawan