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Jurnal Litigasi Amsir
Published by institut ilmu sosial dan bisnis andi sapada
ISSN : -     EISSN : 29639360     DOI : -
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
Jurnal Litigasi Amsir (JULIA), is a peer-reviewed journal published by the Faculty of Law, Institut Ilmu Sosial dan Bisnis Andi Sapada. JULIA is published four times a year in February, May, August, and November. This journal provides direct open access to content on the principle of free availability for the public interest and supports a greater global exchange of knowledge.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 255 Documents
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Melampaui Retribusi: Restorative Justice untuk Pemulihan Aset Negara dari Korupsi Andi Fahrul; Nasrul Nasrul; Firmansyah Hibbu; Phireri Phireri; Herman B
Jurnal Litigasi Amsir Vol 13 No 2 (2026): Februari
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This study aims to determine and analyze the significance of the application of the concept of restorative justice in corruption cases and the model for applying the concept of restorative justice in corruption cases. This research uses a normative empirical research method with a legal and social approach. Primary and secondary data sources are used. Data analysis will be conducted using observational-sensory and theoretical-rational methods, employing a reasoning model that first utilizes inductive logic and then continues with deductive logic. The results of this study are The significance of restorative justice is its potential to recover state losses and create more substantive accountability, but it can only be applied to certain corruption cases that meet strict requirements, such as small losses and no wide impact, so as not to erode the deterrent effect and substantive justice, The retributive justice paradigm which is the legal basis for eradicating corruption is not relevant to the main objective of corruption eradication law in Indonesia. The spirit to save state assets must be based on restorative justice thinking that is oriented towards recovery from the consequences of corruption rather than focusing on imprisoning perpetrators of corruption and The concept of restorative justice in the punishment of perpetrators of corruption can be implemented in the form of strengthening the norms of returning state losses from additional punishment to the main punishment and The model for implementing the restorative justice concept in corruption cases must be supported by strong regulations and strict oversight to ensure the goal of recovering state losses is achieved without sacrificing the principle of justice. Therefore, the model for implementing restorative justice at the police level is based on Police Regulation No. 08 of 2021 concerning Handling Criminal Acts Based on Restorative Justice. Restorative justice is an effort hoped for by the public who desire reparation for losses suffered as a result of criminal acts. Public participation in resolving cases using a restorative justice approach can also increase public awareness of the law, thus also serving to prevent crime.
Dilema Kriminalisasi Kebijakan Publik dalam Korupsi: Batas Kegagalan dan Maladministrasi Nur Misyuari Maddolangeng
Jurnal Litigasi Amsir Vol 13 No 3 (2026): Mei
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

The enforcement of anti-corruption laws in Indonesia often faces programmatic distortion when dealing with public policy outcomes. This article examines the systemic shift from administrative failures into criminal liabilities within the framework of Indonesian criminal law, particularly focusing on Articles 2 and 3 of the Anti-Corruption Act (UU Tipikor). Utilizing a normative-legal method with a dogmatic-criminal approach, this study analyzes how law enforcement constructs the element of wederrechtelijk (unlawfulness) in policy-driven cases. The findings indicate a dangerous expansion of criminal dogmatics where technical-managerial errors are directly equated with criminal unlawfulness without establishing a distinct legal causation (causalitas) to the financial loss. This study argues that the criminal court must maintain strict dogmatic boundaries to prevent anti-corruption laws from becoming a tool of retroactive criminalization against executive decisions.
Restitusi bagi Korban Kekerasan Seksual Anak: Studi Komparatif Sistem Hukum Indonesia dan Malaysia Setyawati Setyawati; Khairul Mannan; Fikry Fathurrahman; Muhammad Rafi Irwanzah; Aburizal Fatwa Ramli
Jurnal Litigasi Amsir Vol 13 No 3 (2026): Mei
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This study examines the protection of recovery rights for child victims of sexual violence in Indonesia and Malaysia through a normative and comparative analysis of the applicable legal frameworks. The research is motivated by the need to assess the extent to which the criminal justice systems in both countries not only punish offenders, but also guarantee restitution or compensation for victims and their families. It adopts a case study approach, focusing on the Natuna District Court decision in Indonesia and the Zara case in Malaysia, and is complemented by a doctrinal review of relevant legislation, including Indonesia’s Law on Sexual Violence Crimes (UU TPKS) 2022 and Supreme Court Regulation, as well as Malaysia’s Child Act (Amendment) 2016, Sexual Offences Against Children Act 2017, and Criminal Procedure Code. The analysis shows that Indonesia has more explicitly integrated the right to restitution into its juvenile criminal justice system, so that financial recovery for victims forms part of the operative judgment and is supported by clear enforcement mechanisms. By contrast, the Malaysian legal system is characterised by severe penal sanctions against perpetrators but has not consistently operationalised victim compensation mechanisms, as illustrated by the Zara case, in which the victim’s family did not receive financial redress through the court’s decision. These findings indicate that, although both countries have made progressive strides in child protection, Indonesia is comparatively more advanced in adopting restorative justice principles, whereas Malaysia still needs to strengthen the victim-recovery dimension to achieve a more balanced legal protection between punishment and restoration.
Problematika Kelembagaan Satuan Tugas PPKPT dalam Penanganan Kekerasan di Perguruan Tinggi Wiwin Wiwin
Jurnal Litigasi Amsir Vol 13 No 3 (2026): Mei
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

Violence in higher education constitutes a critical issue that requires an institutional mechanism capable of providing protection for victims while ensuring an objective and accountable handling process. The establishment of the Task Force for the Prevention and Handling of Violence in Higher Education (Satgas PPKPT) through Minister of Education, Culture, Research, and Technology Regulation No. 55 of 2024 represents an effort to develop a dedicated institutional mechanism for preventing and addressing violence within higher education institutions. However, the institutional design of the Task Force, which is integrated within the university structure and endowed with investigative authority and the power to issue recommendations, raises concerns regarding independence, division of authority, and the guarantee of due process of law. This study aims to analyze the institutional construction of the Satgas PPKPT and to identify its institutional challenges in handling violence in higher education. It employs a normative-empirical legal research design using statutory, conceptual, and case approaches, with legal materials and data analyzed qualitatively through a comparison between the normative institutional framework of the Task Force and its practical implementation in handling cases of violence. The findings indicate that Ministerial Regulation No. 55 of 2024 has established a comprehensive institutional framework for the Task Force, including provisions on its position, composition, duties, functions, authority, investigative procedures, recommendations, and objection mechanisms; however, several issues persist, particularly concerning the relationship between the Task Force’s position within the internal university structure and the requirement for functional independence, the delineation of authority between the Task Force and university leadership in determining case outcomes, and the assurance of due process of law for both victims and respondents. These challenges reflect a tension between institutional design, independence, distribution of authority, and procedural justice, which may affect the overall quality of violence handling in higher education institutions.
Keadilan Kontraktual dalam Kebijakan Penghangusan Kuota Internet Ayu Chairun Nisa
Jurnal Litigasi Amsir Vol 13 No 3 (2026): Mei
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This study examines the legal construction of the enforceability of the forfeited quota in the contractual relationship between operators and consumers, as well as legal protection against the policy of forfeiture of the remaining quota from the perspective of civil law. The problem arises from the practice of prepaid internet services that set a certain active period so that the remaining quota cannot be used when the period ends, even though the payment value has been issued by the consumer. This study uses a normative legal method with a legislative approach and an analytical approach to primary, secondary, and tertiary legal materials. The results of the study show that the implementation of the forfeited quota can be formally understood as part of the service, but it must still be subject to the principles of propriety, good faith, transparency, and balance in the agreement. The policy of forfeiture of the remaining quota requires a fairer arrangement so as not to cause unilateral losses to consumers and still provide legal certainty in digital transactions.

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