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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 28 Documents
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Penegakan Hukum Pidana terhadap Tindak Pidana Makar di Aceh dalam Perspektif Hak Asasi Manusia Wicaksono, Adito; Laela, Sofa
Decisio: Jurnal Ilmiah Hukum Vol 1 No 2 (2024): DECISIO
Publisher : LPPM Iblam School of Law

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52249/decisio.v1i2.16

Abstract

The enforcement of criminal law against treason in Aceh remains a complex issue due to its legal, social, cultural, and political dimensions. The broad interpretation of treason under Indonesia's Penal Code, particularly Articles 87, 104, 106, 107, and 110, often leads to concerns about human rights violations, particularly in the context of freedom of expression. This study examines the implementation of treason laws in Aceh and its compatibility with human rights principles. The research highlights the challenges faced by law enforcement in maintaining national security while ensuring the protection of civil liberties. A qualitative normative legal research method was used, analyzing primary legal sources such as legislation and court rulings, complemented by secondary sources like legal literature and previous studies. Data collection was conducted through an extensive literature review with qualitative descriptive analysis applied to interpret the findings. The results indicate that the enforcement of treason laws in Aceh is often inconsistent and lacks sensitivity to the region’s historical and cultural context. A strict and repressive approach has led to public distrust in law enforcement and hindered reconciliation efforts. The study underscores the need for legal reforms, including clearer definitions of treason and improved judicial transparency. It also recommends a more inclusive, human-rights-based approach in law enforcement to maintain national stability while respecting fundamental freedoms.
Analisis Kriminologis dan Hukum Pidana terhadap Pembunuhan Berencana dalam Kasus Kekerasan dalam Rumah Tangga Pratama, Arsyah Fiqi Bagas Ari; Yasarman, Yasarman
Decisio: Jurnal Ilmiah Hukum Vol 1 No 2 (2024): DECISIO
Publisher : LPPM Iblam School of Law

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52249/decisio.v1i2.17

Abstract

Domestic Violence (DV) is a serious legal and social issue that often escalates into premeditated murder, particularly when long-term abuse remains unaddressed. This study explores the criminological and legal aspects of premeditated murder in domestic violence cases, focusing on the underlying motives and challenges in law enforcement. The complexity of these cases arises from overlapping regulations between the Indonesian Penal Code (KUHP) and the Domestic Violence Law (UU PKDRT), which can impact judicial decisions. A comprehensive analysis is needed to evaluate whether existing legal frameworks effectively protect victims and deter perpetrators. This research employs a qualitative method with a normative juridical approach, utilizing primary and secondary legal sources such as legislation, court rulings, and academic literature. The collected data is analyzed through a descriptive qualitative method to systematically interpret the legal norms and practical implications. The findings indicate that economic pressures, prolonged psychological abuse, and sociocultural factors significantly contribute to premeditated murder in DV cases. Furthermore, inconsistencies in legal interpretation have led to disparities in sentencing, highlighting the need for legal harmonization. Strengthening law enforcement mechanisms, increasing judicial awareness, and enhancing victim protection services are essential to addressing this issue effectively. A multidimensional approach combining legal reforms and social interventions is necessary to mitigate domestic violence-related murders and ensure justice for victims.
Evaluasi Implementasi UU No. 11 Tahun 2012 tentang Sistem Peradilan Pidana Anak dalam Kasus Psikotropika Herlambang, Arsyi Murdianto; Rustam, Muhammad Rizal
Decisio: Jurnal Ilmiah Hukum Vol 1 No 2 (2024): DECISIO
Publisher : LPPM Iblam School of Law

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52249/decisio.v1i2.18

Abstract

Children involved in psychotropic offenses require special attention in the criminal justice system due to their psychological and developmental vulnerability. The Indonesian government enacted Law No. 11 of 2012 on the Juvenile Criminal Justice System (SPPA) to emphasize diversion and restorative justice as primary approaches in handling juvenile offenders. However, the implementation of this law in psychotropic cases remains problematic due to legal inconsistencies, institutional limitations, and societal stigma. This study evaluates the effectiveness of SPPA in addressing juvenile psychotropic offenses and identifies the key challenges in its enforcement.This research employs a qualitative methodology with a normative juridical approach, focusing on regulatory analysis and legal norm interpretation. Data collection is conducted through an extensive literature review, incorporating primary and secondary legal sources to provide a comprehensive understanding of the law's practical application.The findings indicate that while the SPPA theoretically promotes a rehabilitative and restorative approach, its application in psychotropic offenses remains inconsistent. Legal constraints, including the lack of synchronization between the SPPA and its implementing regulations, have hindered the optimal execution of diversion. Institutional challenges, such as limited rehabilitation facilities and lack of trained professionals, exacerbate the issue, often leading to punitive measures against juvenile offenders. Moreover, strong social stigma further obstructs reintegration efforts, necessitating policy reform, legal harmonization, and enhanced community awareness to ensure effective juvenile justice implementation.
Konsekuensi Hukum bagi Pejabat Negara yang Terbukti Melakukan Tindak Pidana Pencucian Uang dalam Sistem Hukum Pidana Indonesia Listiana, Cici Ayu; Karli, Karli
Decisio: Jurnal Ilmiah Hukum Vol 1 No 2 (2024): DECISIO
Publisher : LPPM Iblam School of Law

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52249/decisio.v1i2.19

Abstract

Tindak pidana pencucian uang (TPPU) is a severe crime that threatens the stability of Indonesia’s economic and legal system. The involvement of state officials in TPPU not only undermines public trust but also weakens the integrity of governmental institutions. This study analyzes the legal consequences for state officials proven to be involved in money laundering within Indonesia’s criminal law framework. The research aims to provide a comprehensive understanding of sanctions and legal enforcement mechanisms applicable to corrupt officials. This study employs a qualitative approach with a normative legal method, focusing on regulatory analysis and the interpretation of legal norms in practice. Data collection relies on literature studies involving primary legal sources such as laws, regulations, and court decisions, complemented by secondary sources like legal books and academic journals. The findings indicate that state officials convicted of TPPU face severe criminal penalties, including imprisonment, fines, dismissal from office, and future restrictions from holding public positions. However, legal enforcement faces significant challenges, including political intervention, sophisticated money laundering methods, and resource limitations. Strengthening regulatory frameworks, improving inter-agency coordination, and enhancing public transparency are crucial steps in addressing this issue. This study underscores the need for multi-sectoral efforts to ensure effective law enforcement and restore public confidence in governance
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.
Penegakan Hukum Pidana Lingkungan terhadap Korporasi dalam Perspektif UU PPLH dan Prinsip Strict Liability Karimuallah, Muhammad; Permana, Yana Sukma
Decisio: Jurnal Ilmiah Hukum Vol 2 No 2 (2025): DECISIO
Publisher : LPPM Iblam School of Law

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52249/decisio.v2i2.24

Abstract

Environmental criminal law enforcement against corporations remains a crucial issue in Indonesia, particularly in the context of the Environmental Protection and Management Act (UU PPLH) and the application of strict liability. Despite legal recognition of strict liability, its implementation faces various obstacles, including regulatory inconsistencies and corporate legal maneuvers to evade responsibility. This study examines how strict liability is applied in environmental criminal cases and the challenges hindering its effectiveness. A comprehensive understanding of these issues is essential to strengthen environmental law enforcement mechanisms.This research employs a qualitative method with a normative legal approach, focusing on regulatory analysis and legal norm interpretation. Data were obtained through an extensive literature review of primary legal sources, including laws, regulations, and court rulings, supported by secondary sources such as legal journals and academic studies. Findings indicate that although strict liability is theoretically applicable, its enforcement is often inconsistent due to the complexity of corporate structures and limitations in law enforcement capacity. The study also highlights the need for regulatory reinforcement and institutional strengthening to ensure more effective corporate accountability for environmental crimes. Moreover, collaboration between the government, legal practitioners, and civil society is necessary to enhance monitoring and prosecution efforts. Strengthening these aspects can lead to better environmental protection and increased corporate compliance with sustainable business practices.
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.

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