cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Agus Rahmad
Contact Email
Hafasyeducation01@gmail.com
Phone
+6281262457518
Journal Mail Official
Hafasyeducation01@gmail.com
Editorial Address
Jl. Kenanga, Kec. Umbulharjo, Kota Yogyakarta, Daerah Istimewa Yogyakarta
Location
Kota jambi,
Jambi
INDONESIA
Jurnal Hukum dan Keadilan
Published by PT Hafasy Dwi Nawasena
ISSN : -     EISSN : 30316782     DOI : https://doi.org/10.61942/jhk
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
The Journal of Law and Justice has a focus and scope that includes: 1. Legal science 2. Criminal law 3. Civil law 4. State administration 5. Constitutional law 6. Philosophies of law 7. Customary law We also strongly encourage multidisciplinary and interdisciplinary research as long as the strong variables in the research are still legal analysis in accordance with the scope and focus described above.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 82 Documents
 5   6   7   8   9 
Selective Enforcement in the Criminal Justice System: Between Discretion and Abuse of Authority Thahir, Thahir; Sucipto, Muh. Adi; Riyanto, Ontran Sumantri
Jurnal Hukum dan Keadilan Vol. 3 No. 1 (2025): JHK - December
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v3i1.511

Abstract

Selective enforcement has become an increasingly prominent phenomenon in the practice of criminal justice systems, particularly alongside the expansion of discretionary powers held by law enforcement authorities. While discretion is fundamentally necessary to ensure flexibility and substantive justice, in practice it often evolves into selective application of the law toward normatively similar criminal acts. This study aims to analyze the position of selective enforcement within the frameworks of criminal law and administrative law and to determine the normative boundary between lawful discretion and abuse of authority. This research employs a normative juridical method using statutory, conceptual, and case approaches. The findings reveal a significant ambiguity of norms governing law enforcement discretion under the Criminal Procedure Code, Law Number 11 of 2021 on the Prosecutor’s Office, and Law Number 1 of 2023 on the National Criminal Code. Such normative ambiguity creates opportunities for abuse of authority as prohibited under Law Number 30 of 2014 on Government Administration. Selective enforcement has been shown to undermine the principles of equality before the law, legal certainty, and the legitimacy of the rule of law. This study concludes that selective enforcement constitutes a serious normative problem that requires clear regulatory limits on discretion and the strengthening of accountability mechanisms within the criminal justice system.
Criminal Law Interpretation of Crime Motives Influenced by Social Media Algorithms Mulyana, Yusep
Jurnal Hukum dan Keadilan Vol. 3 No. 1 (2025): JHK - December
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v3i1.517

Abstract

The development of social media algorithms has significantly transformed how individuals form preferences, emotions, and behavior through engagement based content curation. In criminal law, this phenomenon raises new issues when algorithms are alleged to influence criminal motives, including hate based crimes, violence, and radicalization. Indonesian criminal law traditionally treats motive as an internal factor relevant to sentencing, yet it has not accommodated algorithmic influence as an external factor shaping criminal motives. This study aims to analyze the interpretation of criminal law regarding algorithm influenced criminal motives and to examine the implications of normative ambiguity for determining mens rea and criminal responsibility. Employing a normative juridical method with statutory, conceptual, and case approaches, the study finds that ambiguity in criminal norms regarding algorithmic influence leads to inconsistent judicial reasoning and risks of disproportionate sentencing. The study concludes that adaptive criminal law interpretation is required to address technological developments while preserving individual criminal responsibility and human rights protection.

Page 9 of 9 | Total Record : 82

 5   6   7   8   9 

Filter by Year

2023 2025


Reset
Filter By Issues
All Issue Vol. 3 No. 1 (2025): JHK - December Vol. 2 No. 6 (2025): JHK_OCTOBER Vol. 2 No. 5 (2025): JHK-August Vol. 2 No. 4 (2025): JHK-June Vol. 2 No. 3 (2025): JHK-April Vol. 2 No. 2 (2025): JHK-February Vol. 2 No. 1 (2024): JHK-December Vol. 1 No. 6 (2024): JHK-Oktober Vol. 1 No. 5 (2024): JHK-August Vol. 1 No. 4 (2024): JHK-June Vol. 1 No. 3 (2024): JHK-April Vol. 1 No. 2 (2024): JHK-February Vol. 1 No. 1 (2023): JHK-December More Issue