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INDONESIA
MALA IN SE : JURNAL HUKUM PIDANA, KRIMINOLOGI DAN VIKTIMOLOGI
Published by Yayasan Pendidikan Dan Pelayanan Kesehatan Rahmat Husada
ISSN : -     EISSN : 30632293     DOI : 10.08221/malainse
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
The aims of this journal is to provide a venue for academicians, researchers, and practitioners for publishing the original research articles or review articles. The scope of the articles published in this journal deals with a broad range of topics in the fields of Material Criminal Law, Criminal Procedure Law, Corruption, Money Laundering, Terrorism. Narcotics, Serious Human Rights Violations, Reform of Criminal Law, Criminal Justice System, Criminology, Victimology and various other criminal law issues.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 56 Documents
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IMPLEMENTASI KEBIJAKAN RESTORATIVE JUSTICE DALAM PERKARA TINDAK PIDANA KECELAKAAN LALU LINTAS DI POLRES JAKARTA BARAT (STUDI PERIODE 1 JANUARI S/D 31 JULI 2025) Sinaga, Maniur; Rahmat, Diding; Wendra, Ario
MALA IN SE: Jurnal Hukum Pidana, Kriminologi, dan Viktimologi Vol. 2 No. 2 (2025): MALA IN SE: Jurnal Hukum Pidana, Kriminologi Dan Viktimologi (October)
Publisher : YAYASAN PENDIDIKAN DAN PELAYANAN KESEHATAN RAHMAT HUSADA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.08221/mis.v2i2.219

Abstract

The resolution of criminal cases through restorative justice at the investigation stage is regulated in the Chief of Police Circular Letter Number 8 of 2018 concerning the Implementation of Restorative Justice in the Settlement of Criminal Cases. This circular stipulates that cases must be resolved through restorative justice before the Notification Letter on the Commencement of Investigation (SPDP) is sent to the Public Prosecutor. Additionally, the application of restorative justice is only applicable to crimes that do not result in human victims, leading to various challenges in its implementation.This study employs a normative-empirical juridical method with a legislative and case approach. Primary data collection was conducted through field research, while secondary data was obtained through literature review. The research findings indicate that the implementation of restorative justice in resolving serious traffic accident cases at the West Jakarta Metro Police was carried out by investigators after a peace agreement was reached between the perpetrator and the victim’s family. However, this reconciliation occurred after the investigators had already sent the SPDP to the West Jakarta Attorney General’s Office, resulting in the discontinuation of the case proceedings.Several factors influence the implementation of restorative justice in resolving serious traffic accident cases, including law enforcement factors, legal substance factors, and legal culture factors. Law enforcement factors relate to the knowledge and understanding of investigators regarding the applicable laws and regulations. Legal substance factors refer to the content of the Chief of Police Circular Letter, which sets material requirements that do not accommodate the resolution of cases involving human victims, as well as formal requirements that limit the application of restorative justice only to the investigation stage before the SPDP is sent. Meanwhile, legal culture factors reflect the values, attitudes, and behaviors of society in social life, which also influence decisions to resolve traffic accident cases through a restorative justice approach. The combination of these three factors demonstrates the complexity of implementing restorative justice, particularly in cases involving loss of life, highlighting the need for further adjustments and evaluation of existing regulations.
LEGAL PROTECTION FOR USERS OF PEER-TO-PEER LENDING SERVICES IN THE FINTECH ECOSYSTEM IN INDONESIA Amanda Lanisya; Indah Kusuma Wardhani
MALA IN SE: Jurnal Hukum Pidana, Kriminologi, dan Viktimologi Vol. 3 No. 1 (2026): MALA IN SE: Jurnal Hukum Pidana, Kriminologi Dan Viktimologi (April)
Publisher : YAYASAN PENDIDIKAN DAN PELAYANAN KESEHATAN RAHMAT HUSADA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.08221/mis.v3i1.254

Abstract

The evolution of financial technology (fintech) has spurred numerous innovations in digital financial services, notably Peer-to-Peer (P2P) Lending platforms. These platforms facilitate straightforward funding access for individuals by linking lenders and borrowers via online interfaces. Yet, P2P lending expansion has engendered several legal issues, including the proliferation of unlicensed fintech entities, improper handling of personal information, and collection methods contravening statutory norms. This investigation examines the regulatory framework for P2P lending in Indonesia, the nature of safeguards for platform users, and the obstacles alongside strategies for enhancing protections within the fintech landscape. Employing normative legal inquiry with statute-based and conceptual methodologies, the findings indicate that P2P lending governance in Indonesia draws from diverse instruments, encompassing the Financial Services Authority statute, Financial Services Authority rules on IT-enabled crowdfunding, and provisions for consumer rights and data privacy. User protections in fintech are delivered via preemptive and corrective measures. Nevertheless, enforcement encounters persistent hurdles, underscoring the imperative for regulatory fortification, intensified oversight, and elevated public financial awareness.
THE CONSTITUTIONAL PARADOX OF THE REGIONAL REPRESENTATIVE COUNCIL: RECONSTRUCTION OF DPD AUTHORITY IN AN ASYMMETRICAL BICAMERAL SYSTEM IN INDONESIA Muhammad Syaripudin Amin; Rineke Sara
MALA IN SE: Jurnal Hukum Pidana, Kriminologi, dan Viktimologi Vol. 3 No. 1 (2026): MALA IN SE: Jurnal Hukum Pidana, Kriminologi Dan Viktimologi (April)
Publisher : YAYASAN PENDIDIKAN DAN PELAYANAN KESEHATAN RAHMAT HUSADA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.08221/mis.v3i1.255

Abstract

Constitutional reforms following the Reformation era established the Regional Representative Council as a body embodying territorial interests, intended to amplify provincial voices within national lawmaking. Yet, its practical powers remain constrained, yielding a contradiction between robust democratic endorsement via popular elections and circumscribed legislative influence. This inquiry dissects the configuration of the Regional Representative Council's authority within Indonesia's constitutional architecture and proposes a paradigm for reconfiguring its role amid an asymmetrical bicameral framework. Adopting normative juridical methodology with statute-oriented, conceptual, and comparative lenses, data derive from archival examinations of legislation, Constitutional Court rulings, and pertinent constitutional scholarship. Findings reveal Indonesia's bicameral structure as predominantly soft bicameralism, wherein the House of Representatives predominates legislatively, relegating the Regional Representative Council to consultative rather than determinative participation. The analysis introduces the asymmetric bicameral constitutional paradox notion alongside a balanced asymmetrical bicameralism paradigm to realign the Council's powers, enhancing territorial advocacy while preserving unitary state principles. These insights enrich theoretical discourse on bicameralism in unitary systems and furnish a foundational blueprint for parliamentary restructuring in Indonesia.
POLITICAL DIRECTION OF DIGITAL TRANSFORMATION LAW IN THE CRIMINAL JUSTICE SYSTEM (E-LITIGATION) TO REALIZE THE PRINCIPLES OF SIMPLE, FAST, AND LOW-COST JUSTICE Andre Firza Setyananda; Lucky Ferdiles
MALA IN SE: Jurnal Hukum Pidana, Kriminologi, dan Viktimologi Vol. 3 No. 1 (2026): MALA IN SE: Jurnal Hukum Pidana, Kriminologi Dan Viktimologi (April)
Publisher : YAYASAN PENDIDIKAN DAN PELAYANAN KESEHATAN RAHMAT HUSADA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.08221/mis.v3i1.256

Abstract

Digital transformation in the criminal justice system is a necessity along with the increasingly massive development of information and communication technology. One of the concrete forms of this transformation is the implementation of the e-litigation system in the criminal justice process. The presence of e-litigation is not only interpreted as an administrative technical innovation, but also as a manifestation of the political direction of national law in building an effective, efficient, and fair judicial system. This article aims to analyze the political direction of digital transformation in the criminal justice system in Indonesia and examine its relevance to the principles of simple, fast, and low-cost justice. This research uses normative juridical methods with legislative, conceptual, and historical approaches. The results of the study show that the implementation of e-litigation in the criminal justice system is a form of progressive legal policy that aims to strengthen access to justice, increase transparency, and reduce structural barriers in the criminal law enforcement process. However, the effectiveness of e-litigation still faces various challenges, both in terms of regulations, the readiness of law enforcement officials, and the technology gap in society. Keywords: Legal politics, digital transformation, e-litigation, criminal justice, judicial principles.
FAIRNESS IN THE DISTRIBUTION OF ROYALTIES FOR PERFORMERS AND RECORD PRODUCERS AS RELATED RIGHTS HOLDERS Andry Dwiarnanto; Faisal Santiago
MALA IN SE: Jurnal Hukum Pidana, Kriminologi, dan Viktimologi Vol. 3 No. 1 (2026): MALA IN SE: Jurnal Hukum Pidana, Kriminologi Dan Viktimologi (April)
Publisher : YAYASAN PENDIDIKAN DAN PELAYANAN KESEHATAN RAHMAT HUSADA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.08221/mis.v3i1.257

Abstract

Related rights, integral to intellectual property safeguards, confer economic entitlements upon contributors to phonogram performance and production. Royalty allocation to beneficiaries proceeds principally via Collective Management Institutions (LMK) and the National Collective Management Institution (LMKN), per Law Number 28 of 2014 on Copyright and Government Regulation Number 56 of 2021 on Song and/or Music Copyright Royalty Administration. Employing normative juridical methodology with statutory and conceptual emphases, this study reveals that despite normative royalty frameworks, practical hurdles persist: opaque LMK oversight, deficient work utilization tracking, and user noncompliance with payment duties. Moreover, equitable royalty apportionment for performers and producers remains suboptimal. Regulatory fortification, LMK transparency elevation, and digital technology adoption are imperative for equitable, efficacious distribution benefiting related rights stakeholders.
LEGAL PROTECTION OF GEOGRAPHICAL INDICATIONS AS AN INSTRUMENT TO INCREASE THE COMPETITIVENESS OF LOCAL PRODUCTS IN INDONESIA Andry Dwiarnanto; Evita Isretno Israhadi
MALA IN SE: Jurnal Hukum Pidana, Kriminologi, dan Viktimologi Vol. 3 No. 1 (2026): MALA IN SE: Jurnal Hukum Pidana, Kriminologi Dan Viktimologi (April)
Publisher : YAYASAN PENDIDIKAN DAN PELAYANAN KESEHATAN RAHMAT HUSADA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.08221/mis.v3i1.258

Abstract

Indonesia's juridical safeguards for Geographical Indications expose pronounced disparities between statutory constructs and execution realities. This inquiry dissects GI protection regimes normatively and comparatively, delineates regulation-implementation chasms (das sollen versus das sein) with attendant barriers, and proposes a tactical GI safeguard paradigm elevating Indonesian regional goods' global market prowess. Adopting normative juridical inquiry via statutory, doctrinal, and cross-jurisdictional methods, results affirm Law Number 20 of 2016 on Marks and Geographical Indications furnishes TRIPs-conformant comprehensive protections. Implementation, however, falters amid lax post-grant oversight, producer communities' juridical ignorance, provincial authorities' institutional shortfalls, and vast untapped local product potentials. These deficits curtail GIs' catalytic impact on competitiveness. An encompassing tactical paradigm—fusing registration bolstering, tech-enabled post-registration administration, and enduring multi-actor symbiosis—proves requisite.
A NEW PARADIGM OF CRIMINALIZATION THROUGH THE CONCEPT OF JUDICIAL PARDON BASED ON THE PRINCIPLES OF JUSTICE AND LEGAL UTILITY Muhammad Arman; Megawati Barthos
MALA IN SE: Jurnal Hukum Pidana, Kriminologi, dan Viktimologi Vol. 3 No. 1 (2026): MALA IN SE: Jurnal Hukum Pidana, Kriminologi Dan Viktimologi (April)
Publisher : YAYASAN PENDIDIKAN DAN PELAYANAN KESEHATAN RAHMAT HUSADA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.08221/mis.v3i1.259

Abstract

Judicial pardon empowers adjudicators to absolve defendants—proven guilty through evidence—without sentence imposition, as enshrined in Law Number 1 of 2023 on the Indonesian Criminal Code. This study adopts a normative juridical methodology incorporating statutory and conceptual analyses. Findings demonstrate that judicial pardon provisions signal penal reform toward a humane, proportionate, and substantively just criminal framework. Via this tool, judges may weigh elements like offender culpability, act motivation, personal context, and societal effects. Furthermore, judicial pardon upholds legal utility, acknowledging scenarios where criminalization yields scant benefit to perpetrator, victim, or community. Thus, its integration into the new Criminal Code advances a sanctions system balancing retribution with justice, humanity, and pragmatic value in penal application.
JURIDICAL RECONSTRUCTING OF MEDICAL DATA PROTECTION IN MACHINE LEARNING TO FULFILL THE RIGHT TO HEALTH Dyah Nur Sasanti; Megawati Barthos
MALA IN SE: Jurnal Hukum Pidana, Kriminologi, dan Viktimologi Vol. 3 No. 1 (2026): MALA IN SE: Jurnal Hukum Pidana, Kriminologi Dan Viktimologi (April)
Publisher : YAYASAN PENDIDIKAN DAN PELAYANAN KESEHATAN RAHMAT HUSADA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.08221/mis.v3i1.260

Abstract

The use of machine learning in the health sector has significantly changed the way medical personal data is managed and utilized. This technology improves the quality of health services, but at the same time poses a risk of violations of the right to health and the right to privacy due to algorithmic bias, lack of transparency, and weak data governance. This research aims to analyse the position of the right to health as a binding norm in the framework of medical personal data protection in Indonesia and to formulate an inclusive juridical reconstruction to mitigate risks. The research method used is normative juridical with a laws and conceptual approach, through the study of legal materials that collected by literature studies. The results of the study show that although the 1945 Constitution of Republic Indonesia, the Health Law, the PDP Law, and the ITE Law have provided a strong normative basis, there are still gaps due to the lack of specific regulations regarding algorithm audits, human rights impact assessments, and independent oversight. In conclusion, it is necessary to reconstruct regulations and strengthen supervisory institutions so that digital health innovations can apply in a fair, inclusive, and in line with the principles of non-discrimination. The author recommends to the Government to prepare regulations regarding the technical implementation of medical personal data protection, health service practitioners and digital health technology providers apply the principles of privacy by design and security by default, and encourage academics and legal researchers to develop studies about it.
PROTECTION OF CHILDREN'S RIGHTS IN CHOOSING RELIGION IN INDONESIA Erdian; Natsir Asnawi
MALA IN SE: Jurnal Hukum Pidana, Kriminologi, dan Viktimologi Vol. 3 No. 1 (2026): MALA IN SE: Jurnal Hukum Pidana, Kriminologi Dan Viktimologi (April)
Publisher : YAYASAN PENDIDIKAN DAN PELAYANAN KESEHATAN RAHMAT HUSADA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.08221/mis.v3i1.261

Abstract

The protection of children's rights in choosing religion and practicing worship is a constitutional issue that is increasingly relevant in a democratic legal country that upholds human rights. Although freedom of religion is guaranteed in the 1945 Constitution of the Republic of Indonesia, the practice of positive legal regulation still shows the tension between children's rights, parental authority in parenting, and state obligations through the national education system. This study aims to analyse the normative construction of the protection of children's rights to freedom of religion and worship, as well as to test the coherence of its regulation in the perspective of human rights. The main questions asked are what is the position of children's rights in conflict with parental rights and what is the appropriate model of protection within Indonesia's positive legal framework. This research uses a normative juridical method with a legislative and conceptual approach. Data was collected through literature studies on relevant primary, secondary, and tertiary legal materials, then analysed qualitatively to assess the consistency and harmonization of norms. The results of the study show that constitutional guarantees for children's religious freedom exist, but they are not fully coherent when dealing with sectoral norms that give dominant space to parents and the education system. This research offers a child-centred rights protection model based on the principles of the best interests of children and evolving capacities as a normative harmonization framework. In conclusion, the protection of children's rights to religious freedom requires a clearer affirmation of normative parameters as well as corrective mechanisms that are responsive to family conflicts.
ANALYSIS OF THE CRIMINAL LIABILITY OF FANDI AS A CREW MEMBER WHO CLAIMS TO HAVE NO KNOWLEDGE OF THE NARCOTICS CARGO IN LIGHT OF LAW NUMBER 35 OF 2009 ON NARCOTICS Hasiholan Sihaloho; Faisal Santiago
MALA IN SE: Jurnal Hukum Pidana, Kriminologi, dan Viktimologi Vol. 3 No. 1 (2026): MALA IN SE: Jurnal Hukum Pidana, Kriminologi Dan Viktimologi (April)
Publisher : YAYASAN PENDIDIKAN DAN PELAYANAN KESEHATAN RAHMAT HUSADA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.08221/mis.v3i1.262

Abstract

This study analyzes the criminal liability of Fandi as a crew member (Anak Buah Kapal / ABK) who claims to have had no knowledge of the presence of narcotics cargo, reviewed under Law Number 35 of 2009 on Narcotics and the general principles of Indonesian criminal law. The problem focuses on the construction of criminal liability and the relevance of the element of fault (mens rea), particularly intent (dolus/opzet) and negligence (culpa), in determining whether Fandi can be held criminally responsible. This research employs a qualitative method with a normative legal approach (doctrinal legal research), utilizing a statute approach, conceptual approach, and a complementary case approach. Legal materials are analyzed qualitatively through grammatical, systematic, and teleological interpretation, as well as deductive legal reasoning. The findings indicate that Fandi’s presence on board a vessel transporting narcotics does not automatically fulfill the elements of a criminal offense without proof of the subjective element. The principle of geen straf zonder schuld (no punishment without fault) affirms that criminal punishment requires legally and convincingly proven culpability. In the context of the subordinate position of a crew member, the analysis must consider authority, access to information, and control over the ship’s cargo. In the absence of evidence of knowledge, conscious cooperation, or significant violation of the standard of due care, criminal liability cannot be imposed. Therefore, the application of the Narcotics Law must be carried out proportionally to maintain a balance between the effectiveness of narcotics eradication and substantive justice.

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