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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 70 Documents
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TANGGUNG JAWAB PENGANGKUT ATAS KETERLAMBATAN PENUMPANG DAN BARANG MENGGUNAKAN ANGKUTAN UDARA DI INDONESIA Muhammad Rifqi Sulthanbaghasana; Ardison Asri
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.v2i2.308

Abstract

Air transportation plays a crucial role in supporting the mobility of people and the distribution of goods, both nationally and internationally, especially in an archipelagic country like Indonesia. As public dependence on air transport increases, legal issues related to the carrier’s liability for delays in passenger and cargo transport frequently arise and lead to consumer dissatisfaction. This study focuses on two main problems: how the legal framework governing the transportation of passengers and goods in Indonesia is structured, and how airline liability is defined and implemented in cases of delay. The research adopts a normative juridical method using a statute approach, conceptual approach, and historical approach to examine existing regulations, relevant legal concepts, and the historical development of carrier liability in Indonesian aviation law. The findings indicate that the legal regulation of air transportation in Indonesia is comprehensively provided under Law Number 1 of 2009 on Aviation. However, in practice, its implementation still faces various challenges, particularly regarding delays, which are often handled in a non-transparent and unaccountable manner by airlines. Airlines are obligated to provide compensation for delays, but in reality, this often leads to disputes due to discrepancies between regulatory provisions and their execution. The study concludes that there is a strong need to strengthen monitoring mechanisms and legal protection for air transport service users to ensure legal certainty and improve the quality of service in Indonesia’s air transportation sector.
IMPLIKASI HUKUM DARI DOKUMENTASI TRANSFER PRICING YANG TIDAK MEMADAI DI INDONESIA Muhammad Riza Pahlevi; Bambang Widarto
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.v2i2.309

Abstract

Transfer pricing documentation is a crucial requirement, especially for parties conducting transactions with affiliated parties, both domestically and internationally. This study aims to determine the transfer pricing provisions in Indonesia and the legal implications of inadequate transfer pricing documentation in Indonesia. The research method used is a qualitative, normative-juridical approach. Legal materials are drawn from decisions and legislation related to transfer pricing. The results of this study are: 1) Transfer pricing provisions in Indonesia are regulated by Minister of Finance Regulation Number 172 of 2023, which emphasizes the arm's-length principle for transactions between related parties, expands the scope of documentation to include financial transactions, and aligns regulations with international standards to increase transparency and tax fairness. 2) Incomplete transfer pricing documentation can result in administrative sanctions and stringent tax audits. The dispute between the Directorate General of Taxes and PT Garuda Mataram Motor emphasizes the importance of the arm's-length principle and adequate documentary evidence, while highlighting the need for an effective dispute resolution mechanism to manage tax risks for multinational companies and regulators.
TANGGUNG JAWAB HUKUM NEGARA ATAS TINDAKAN MELAWAN HUKUM YANG DILAKUKAN OLEH ANGGOTA KEPOLISIAN Muhammad Syahril Ananda; Ardison Asri
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.v2i2.310

Abstract

The Indonesian National Police (Polri) plays a central role in maintaining security, order, and law enforcement. However, unlawful acts by police officers can have broad legal consequences related to state responsibility. This study aims to identify the forms of unlawful acts committed by police officers that may incur state responsibility, and to analyze the state's legal accountability for these unlawful acts in Indonesia. This study uses a normative legal research method with a literature study approach. The data used are secondary data, collected through library research techniques. Data analysis was conducted qualitatively. Forms of unlawful acts by police officers that may incur state responsibility include: abuse of authority, excessive force and torture, arbitrary arrest and detention, and other general crimes committed in their capacity as officers. These forms of accountability include: (1) Individual Criminal Liability; (2) Administrative/Disciplinary Liability based on Police Regulation No. 7 of 2022 concerning the Indonesian National Police Professional Code of Ethics; and (3) Civil Liability.
PROBLEMATISASI PENERAPAN SISTEM RESTORATIVE JUSTICE TERHADAP PECANDU NARKOTIKA : ANTARA NARASI HUKUM DAN REALITAS PRAKTIK Ngakan Putu Yudi Kusuma Putra; Indah Sari
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.v2i2.311

Abstract

The handling of drug abuse cases in Indonesia faces a dilemma between conventional penal approaches and more humane rehabilitation efforts. Through the Restorative Justice framework, Indonesia’s legal system seeks not only to punish but also to restore drug users' conditions so they may reintegrate into society. This article employs normative legal research with a statute approach to evaluate the effectiveness of narcotics rehabilitation policy within Indonesia’s criminal justice system. The findings reveal a significant gap between progressive regulations and practical implementation, marked by low rehabilitation performance, weak inter-agency coordination, and insufficient understanding of restorative principles among law enforcers. The case study of the Surabaya District Attorney’s Office provides concrete evidence of substantive justice in action, though it remains sporadic. Therefore, a systemic synergy and institutional courage are needed to normalize this approach in national legal policy.
DOKUMEN ELEKTRONIK SEBAGAI ALAT BUKTI DALAM PERSIDANGAN PERADILAN PERDATA DIKAITKAN DENGAN UNDANG-UNDANG NOMOR 1 TAHUN 2024 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK Nixson Marisi.B; Indah Sari
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.v2i2.312

Abstract

Electronic Evidence Documents have several provisions that can trigger various problems as evidence ranging from collection, storage, and preservation to authentication, validation, and application of electronic evidence, and raise questions about privacy, costs, ethics, and procedural management. The purpose of this study is to determine the procedures for submitting and examining documents, as well as the legal status of electronic documents as evidence in civil trials must comply with the provisions of Law No. 1 of 2024. The research method uses a normative juridical approach by analysing laws related to electronic documents as evidence. The results of the study state that the procedures for submitting and examining electronic documents as evidence in civil trials must comply with the provisions of Law No. 1 of 2024 and applicable procedural law, with the submission of electronic documents carried out directly or through an electronic litigation system in digital or printed format. After the document is submitted, it must be informed to the opposing party for examination and response, based on expert testimony if necessary to ensure the authenticity and integrity of the document during the trial process. Legally, electronic documents and their printouts have equal standing with conventional evidence as long as they meet authentication and relevance requirements and are protected from loss, theft, or unauthorized alteration through a registered electronic delivery service that provides proof of delivery and maintains document security. Numerous court decisions have recognized electronic documents as valid evidence, strengthening their position in the civil justice system as valid and effective instruments in line with technological developments and modern legal requirements.
PERAN BAWASLU DALAM UPAYA PENCEGAHAN PELANGGARAN PILKADA TAHUN 2024 DI KABUPATEN CIREBON Nou’im Hayat; Diding Rahmat
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.v2i2.313

Abstract

The prevention of violations in general and regional elections carried out by Bawaslu (the Election Supervisory Body) constitutes an integral component of electoral law enforcement, complementing the imposition of sanctions against violations committed by election participants. Such preventive efforts are crucial to ensuring electoral integrity, safeguarding the constitutional rights of citizens, and realizing electoral justice. Law No. 7 of 2017 on General Elections grants Bawaslu both the mandate and the authority to undertake preventive measures in electoral law enforcement, particularly through proactive interventions at every stage of the electoral process. Meanwhile, Law No. 1 of 2016 on Regional Head Elections sets forth the mechanisms governing the conduct of local elections. Bawaslu’s preventive measures are diverse in scope, encompassing the mitigation of electoral vulnerabilities, the issuance of early warnings through advisory letters, the implementation of close supervision across all electoral stages, and, importantly, the mobilization of public participation in monitoring the electoral process. This study seeks to examine the legal framework regulating the prevention of electoral violations as well as its practical implementation during the 2024 Regional Head Election (Pilkada) in Cirebon Regency. The research employs a normative juridical method, supported by empirical data, to analyze both the regulatory provisions and their application in practice.
PENYELESAIAN SENGKETA JAMINAN DI KOPERASI SIMPAN PINJAM CREDIT UNION BINA SEROJA Nuli Marmanti; Supri Abu
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.v2i2.314

Abstract

Savings and Loans Cooperatives (Koperasi Simpan Pinjam) play a crucial role in supporting financial access for communities through a system of borrowing and lending based on mutual cooperation and familial principles. However, in practice, many cooperatives face significant challenges when members default, particularly in the execution of collateral which often fails to be carried out effectively. This issue is also evident in the case of the Credit Union Bina Seroja Savings and Loans Cooperative, where obstacles in executing collateral have frequently led to disputes between members and cooperative management. This study aims to identify the main causes behind the failure of collateral execution and to analyze the methods of dispute resolution that can be applied, whether through litigation or non-litigation avenues. The research employs a normative legal method (yuridis normatif), focusing on the analysis of statutory legal norms. The primary legal sources used in this study include the 1945 Constitution of the Republic of Indonesia Article 33 paragraph (1), Law No. 25 of 1992 on Cooperatives, Law No. 4 of 1996 on Mortgage Rights over Land, Law No. 42 of 1999 on Fiduciary Security, Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution, as well as relevant articles in the Indonesian Civil Code (KUHPerdata), Ministerial Regulations concerning cooperatives, and internal cooperative regulations such as the Articles of Association (AD/ART) and loan agreements. The findings reveal that weak legal formalities in collateral agreements, lack of legal literacy among cooperative administrators, and the absence of proper legal registration for collateral are key factors hindering the execution process. Additionally, cooperatives have not fully utilized alternative dispute resolution mechanisms such as internal mediation or cooperative arbitration, despite the existence of a sufficient legal framework to support such methods. The study concludes that resolving collateral disputes within cooperatives requires strengthening the legal foundations of collateral agreements and promoting the use of non-litigation dispute resolution methods rooted in cooperative principles, thereby reducing dependency on lengthy and costly court proceedings.
PERLINDUNGAN HUKUM BAGI SATGAS BATALYON GERAK CEPAT (BGC) TNI MONUSCO KONGO DALAM MISI PERDAMAIAN PBB Oklim Ariana Elisabeth Kembau; Supri Abu
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.v2i2.315

Abstract

In accordance with the Preamble to the 1945 Constitution, the Indonesian nation's aspiration to contribute to achieving world peace is inseparable from its participation in the UN peacekeeping mission. Indonesia's active international role in UN Peacekeeping Missions since 1957 has involved the deployment of thousands of Indonesian National Armed Forces (TNI) personnel, one of which is the TNI BGC Task Force. They carry out peacekeeping missions in the conflict-ridden Democratic Republic of the Congo, a mission area fraught with danger. To carry out their duties as ambassadors of world peace, they require definite legal protection. Based on the above background, the author raises two research questions in this paper. First, the legal status of the TNI Monusco Congo BGC Task Force in peacekeeping missions under national and international law. Second, the form of legal protection as a human right for the TNI Monusco Congo BGC Task Force in peacekeeping missions under national and international law. The research method used in this paper is qualitative, with a normative juridical legal approach. The author focuses on a statutory approach. Data collection was conducted through library research. Data analysis was conducted using qualitative analysis, which is a research procedure that produces descriptive data in the form of written words.Ultimately, this paper aims to examine and analyze in more depth the legal status of the BGC TNI Monusco Congo Task Force in peacekeeping missions based on national and international law. It also aims to identify and explain the forms of legal protection for human rights for the BGC TNI Monusco Congo Task Force in peacekeeping missions based on national and international law.
ANALISIS ARGUMENTASI HUKUM DAN RATIO DECIDENDI DALAM SENGKETA PPN DI PENGADILAN PAJAK PADA PUTUSAN PENGADILAN PAJAK NOMOR : PUT-005266.16/2023/PP/M.XIB Olina Rizki Arizal; Rizky Karo Karo
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.v2i2.316

Abstract

The resolution of tax disputes in court is not without its challenges, one of which is the complexity of formulating legal arguments. This study aims to analyze the Tax Court Judge's Decision on the VAT dispute involving PT. Cipta Dwi Busana and examine strong legal arguments in the VAT dispute at the Tax Court of PT. Cipta Dwi Busana. The method used in this research is normative juridical. This study analyzes Decision No. PUT-005266.16/2023/PP/M.XIB of 2024, with legal sources drawn from laws related to taxation and Value Added Tax (VAT). The analysis technique involves linking primary legal sources with supporting theories and literature, including books and journals, and is presented descriptively. The results of this study indicate that Decision No. PUT-005266.16/2023/PP/M.XIB of 2024 fully granted PT. Cipta Dwi Busana's appeal against the Director General's Decision, based on taxation laws and legal arguments. The arguments referenced include PMK 32/PMK.010/2019, Law of the Republic of Indonesia Number 42 of 2009, Articles 1 Paragraphs 17 and 19, and Government Regulation of the Republic of Indonesia Number 1 of 2012.
ANALISIS YURIDIS PERLINDUNGAN HUKUM PEREMPUAN DI BAWAH UMUR DALAM PERKAWINAN DI INDONESIA BERDASARKAN UNDANG-UNDANG NOMOR 16 TAHUN 2019 Pangeran Ramadhan Putra; Niru Anita Sinaga
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.v2i2.317

Abstract

This study analyzes the legal protection of underage girls in marriage in Indonesia based on Law Number 16 of 2019. Although this law has raised the minimum age for marriage to 19 years, this study uses normative legal methods with case, statutory, and conceptual approaches, as well as qualitative analysis of legal materials. The practice of child marriage of girls remains high due to gaps in the marriage dispensation mechanism by the Religious Courts. Multiple interpretations of "urgent circumstances" in granting dispensations often override the principle of the child's best interests. Underage marriage has detrimental multidimensional impacts, including high reproductive health risks, obstacles to access to education and economic opportunities, and vulnerability to domestic violence (KDRT). Obstacles in the implementation of this legal protection are also exacerbated by strong socio-cultural factors (customs, stigma, patriarchy, low legal awareness), economic factors (poverty and limited access to education), as well as obstacles to law enforcement and institutions (limited resources, suboptimal coordination, inaccurate data, and potential intervention).

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