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Decisio: Law Journal
Published by IBLAM School of Law
ISSN : -     EISSN : 30470013     DOI : https://doi.org/10.52249
Core Subject : Humanities, Education, Social,
Humanities Education Environmental Science Law, Crime, Criminology & Criminal Justice Other
Decisio: Law Journal is an accredited journal that publishes high-quality scientific articles on various legal issues. The journal provides a forum for academics, legal practitioners, and researchers from all over the world to share their thoughts and research on various aspects of law. Published fourth times a year in March, June, September and December. Scope: Decisio accepts scientific articles on various legal topics, including: Constitutional Law Administrative Law Criminal Law Civil Law Commercial Law International Law Islamic Law Customary Law And other legal topics Case studies Research notes Book reviews
Arjuna Subject : Ilmu Sosial - Hukum
Articles 7 Documents
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Search results for , issue "Vol 2 No 1 (2025): DECISIO" : 7 Documents clear
Efektivitas Restorative Justice sebagai Alternatif Penyelesaian Tindak Pidana Anak dalam Hukum Pidana Indonesia Rahmadani, Mahfud; Karli, Karli
Decisio: Jurnal Ilmiah Hukum Vol 2 No 1 (2025): DECISIO
Publisher : LPPM Iblam School of Law

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52249/decisio.v2i1.20

Abstract

Restorative justice has emerged as an alternative approach in resolving juvenile criminal cases, emphasizing reconciliation rather than punitive measures. In Indonesia, the implementation of restorative justice is legally supported through Law No. 11 of 2012 on the Juvenile Criminal Justice System, which mandates diversion as a primary mechanism. However, despite its progressive framework, various challenges hinder the effective application of restorative justice in practice. These obstacles include inconsistencies in law enforcement, limited institutional support, and societal resistance to non-punitive legal resolutions. This study employs a qualitative method with a normative legal approach, focusing on regulatory analysis and the interpretation of legal norms in current practices. Data were collected through comprehensive literature reviews, classifying legal materials into primary, secondary, and tertiary sources. The findings indicate that restorative justice, particularly through diversion, provides a more humane resolution for juvenile offenders, reducing stigmatization and enhancing rehabilitation efforts. However, disparities in law enforcement practices, lack of adequate facilities, and varying levels of community acceptance have impeded its full implementation. Strengthening legal frameworks, increasing capacity-building programs for law enforcement, and enhancing public awareness are essential for the optimal application of restorative justice in Indonesia. Effective collaboration between legal institutions and community-based organizations is crucial in ensuring a fair and rehabilitative justice system for juvenile offenders.
Batasan dan Pembuktian Perzinaan dalam Hukum Islam dan UU No. 1 Tahun 2023: Perspektif Kriminologi Suardita, Gede Henry; Irayadi, Muhammad
Decisio: Jurnal Ilmiah Hukum Vol 2 No 1 (2025): DECISIO
Publisher : LPPM Iblam School of Law

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52249/decisio.v2i1.21

Abstract

This study examines the definition and proof of adultery in Islamic law and Law No. 1 of 2023 from a criminological perspective. It highlights the differences in how these legal frameworks address adultery and their impacts on society’s moral order. The research explores the criminal sanctions provided by Islamic law and compares them with the more lenient approach of the Indonesian legal system under the new criminal code. The study aims to offer a comprehensive analysis of the regulatory and normative aspects of adultery law and its practical implementation. This research employs a qualitative method with a normative legal approach, analyzing regulations and legal norms. Primary and secondary data are used, collected through literature studies, including official documents, legal books, journals, and previous research. The findings indicate that Islamic law’s strict sanctions serve as a strong deterrent against adultery, while Law No. 1 of 2023 adopts a more restorative approach, allowing victims to report offenses. Despite the differences, both legal systems aim to protect social order by upholding moral standards. The research suggests that balancing these legal approaches could help harmonize legal norms and improve their application in Indonesia.
Pertanggungjawaban Hukum Pejabat Negara dalam Tindak Pidana Korupsi Berdasarkan Sistem Peradilan Pidana di Indonesia Mahaputra, I Nyoman Trisna Wahyu; Laela, Sofa
Decisio: Jurnal Ilmiah Hukum Vol 2 No 1 (2025): DECISIO
Publisher : LPPM Iblam School of Law

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52249/decisio.v2i1.22

Abstract

Corruption involving state officials remains a critical issue in Indonesia, significantly undermining public trust and national development. Despite the existence of anti-corruption regulations, many officials exploit legal loopholes, resulting in ineffective law enforcement. The complexity of Indonesia’s criminal justice system, coupled with political interference, often hampers the prosecution of corrupt officials. Thus, analyzing the legal accountability of state officials in corruption cases is crucial to strengthening legal enforcement mechanisms. This study employs a qualitative research method with a normative legal approach, focusing on the analysis of statutory regulations and judicial decisions. Data collection is conducted through a comprehensive literature review, including primary legal sources such as laws, court rulings, and secondary references like academic journals and legal commentaries. The findings indicate that legal accountability for corrupt state officials encompasses three main aspects: criminal, civil, and administrative liability. However, the effectiveness of Indonesia’s criminal justice system remains questionable due to inconsistent law enforcement, lack of institutional coordination, and the influence of political power. The research highlights the necessity for legal reform, particularly in strengthening institutional independence and public participation in corruption eradication. Strengthening transparency and accountability within the judiciary is essential to ensure that corrupt officials receive appropriate sanctions and to restore public confidence in the legal system.
Peran Hukum Pidana dalam Menanggulangi Lone-Wolf Terrorism dan Tantangan dalam Penegakan Hukumnya Pasha, M. Akendra; Laela, Sofa
Decisio: Jurnal Ilmiah Hukum Vol 2 No 1 (2025): DECISIO
Publisher : LPPM Iblam School of Law

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52249/decisio.v2i1.23

Abstract

Lone-wolf terrorism has become an increasingly significant threat due to its unpredictable nature and the difficulty in detecting perpetrators before they commit acts of terror. Unlike organized terrorist groups, lone-wolf terrorists operate independently, making it challenging for law enforcement to identify early warning signs. The rise of digital platforms has further facilitated self-radicalization, allowing individuals to adopt extremist ideologies without direct contact with terrorist networks. This phenomenon presents legal and security challenges that require an adaptive criminal law approach. This study employs a qualitative method with a normative legal approach, focusing on regulatory analysis and the interpretation of legal norms in current practices. Data collection is conducted through literature review, utilizing primary legal sources such as laws and court decisions, as well as secondary sources like academic journals and previous research. The findings indicate that while Indonesian criminal law provides a legal foundation for countering terrorism, it faces significant obstacles in addressing lone-wolf terrorism. Challenges include difficulties in early identification, limited evidence collection, and legal gaps in dealing with individuals who show signs of radicalization but have yet to commit crimes. Strengthening preventive legal frameworks, integrating advanced technology in monitoring radicalization patterns, and enhancing inter-agency cooperation are crucial steps to improving law enforcement effectiveness against lone-wolf terrorism. The study highlights the need for a balanced legal strategy that ensures national security without compromising human rights.
Prinsip Legalitas, Necessitas, dan Proporsionalitas dalam Penggunaan Kekuatan oleh Kepolisian: Studi terhadap Implementasi Perkap No.1 Tahun 2009 Revaldi, I Putu Yogi; Yasarman, Yasarman
Decisio: Jurnal Ilmiah Hukum Vol 2 No 1 (2025): DECISIO
Publisher : LPPM Iblam School of Law

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52249/decisio.v2i1.25

Abstract

The principle of legality, necessity, and proportionality serves as the foundation for the use of force by law enforcement, ensuring that actions taken remain within the boundaries of justice and human rights. The implementation of these principles is regulated under Chief of Police Regulation No. 1 of 2009, yet its application in practice often encounters challenges. Issues such as discrepancies between regulations and field practices, lack of legal comprehension among officers, and weak accountability mechanisms contribute to the ineffectiveness of the regulation. This study examines how these principles are applied in police operations and evaluates the extent to which the existing legal framework ensures proportional and responsible use of force. This research employs a qualitative method with a normative juridical approach, focusing on regulatory analysis and the interpretation of legal norms in practice. Data collection is conducted through an extensive literature review, analyzing primary legal sources, academic journals, and relevant legal literature. Findings reveal that while regulations are comprehensive, gaps in enforcement persist due to insufficient training, limited evaluation mechanisms, and a lack of independent oversight. These challenges create inconsistencies in the application of the principles, occasionally leading to excessive use of force. Strengthening police training programs and legal education is crucial to ensure a proper understanding and application of these legal norms. Additionally, an independent supervisory body is recommended to improve accountability and ensure that law enforcement actions align with legal and human rights principles.
Peran Aparat Penegak Hukum dalam Penerapan Restorative Justice terhadap Tindak Pidana Anak di Indonesia Hag, Ichsan Izzul; Permana, Yana Sukma
Decisio: Jurnal Ilmiah Hukum Vol 2 No 1 (2025): DECISIO
Publisher : LPPM Iblam School of Law

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52249/decisio.v2i1.26

Abstract

Restorative justice is a legal approach that prioritizes rehabilitation over punishment, particularly in cases involving juvenile offenders. In Indonesia, law enforcement officers play a crucial role in implementing restorative justice, yet various structural and cultural barriers hinder its effectiveness. Despite the existence of supporting regulations, challenges such as inadequate legal awareness, limited resources, and retributive legal culture persist. Addressing these issues is essential to ensure a fair and rehabilitative juvenile justice system. This study employs a qualitative method with a normative legal approach, focusing on regulatory analysis and legal interpretation. Data collection is conducted through comprehensive literature studies, including primary, secondary, and tertiary legal materials. The findings indicate that law enforcement officers act as key facilitators in restorative justice, but their limited training and institutional support hinder optimal implementation. The study also reveals that public perception still leans toward punitive measures, reducing the acceptance of restorative approaches. Strengthening legal frameworks, improving law enforcement training, and enhancing public awareness are necessary steps to overcome these barriers. A collaborative effort between the government, legal institutions, and society is crucial to fully realize the potential of restorative justice for juvenile offenders in Indonesia.
Sinkronisasi Hukum Pidana Islam dan Undang-Undang Terorisme dalam Menangani Kejahatan Terorisme di Indonesia Syahputra, Maymoni; Karli , Karli
Decisio: Jurnal Ilmiah Hukum Vol 2 No 1 (2025): DECISIO
Publisher : LPPM Iblam School of Law

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52249/decisio.v2i1.27

Abstract

Terrorism is a serious crime that threatens national security and social stability in Indonesia. The government has implemented various legal approaches to counter terrorism, including the enforcement of Law No. 5 of 2018, which focuses on preventive and repressive measures. Meanwhile, Islamic criminal law categorizes terrorism as jarīmah ḥirābah, imposing severe punishments to maintain public order and deterrence. The need to harmonize Islamic law and national anti-terrorism legislation is crucial to achieving a more comprehensive legal framework. This research employs a qualitative method with a normative legal approach, analyzing regulations and the interpretation of legal norms in practice. Primary data consists of official documents such as laws and court rulings, while secondary data includes legal literature, academic journals, and previous studies. The findings indicate that Islamic criminal law and Law No. 5 of 2018 share the same objective in combating terrorism but differ in their legal mechanisms and sanctioning principles. The integration of ḥirābah principles into Indonesia’s legal system can strengthen the moral and ethical legitimacy of counterterrorism policies while ensuring compliance with human rights standards. Additionally, the study emphasizes the importance of balancing national security with legal certainty and justice. Future counterterrorism policies should incorporate Islamic law principles through strategic legal reform and an inclusive deradicalization.

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