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INDONESIA
Decisio: Law Journal
Published by IBLAM School of Law
ISSN : -     EISSN : 30470013     DOI : https://doi.org/10.52249
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
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.
Sanksi Hukum terhadap Penyebaran Konten Radikalisme di Internet dalam Perspektif Undang-Undang Terorisme di Indonesia Kusuma, Nendriana Sistia; Yasarman, Yasarman
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.v2i2.28

Abstract

The rapid growth of internet usage in Indonesia has accelerated information dissemination while enabling the spread of radical content that threatens national security. Social media serves as an effective platform for extremist groups to promote their ideology, making online radicalization an increasingly serious concern. The government has addressed this issue through Law No. 5 of 2018 on Terrorism and the Electronic Information and Transactions Law (ITE Law). However, implementation remains challenging, particularly in defining “radical content” and overcoming technological barriers in law enforcement. This study employs a qualitative method with a normative legal approach, focusing on regulatory analysis and interpretation of existing norms through literature review of primary, secondary, and tertiary legal materials. The findings indicate that despite an existing legal framework, enforcement is hindered by unclear definitions and detection difficulties on encrypted platforms. Regulatory reform and preventive strategies, such as digital literacy and state–platform collaboration, are essential to curb online radicalization effectively.
Penundaan Eksekusi Hukuman Mati dalam KUHP Baru: Analisis Dampak Hukum, Sosial, dan Psikologis Daja, Salma; Irayadi, Muhammad
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.v2i2.29

Abstract

This study explores the legal, social, and psychological impacts of delaying the execution of death sentences under the new Indonesian Criminal Code (KUHP). The introduction of a 10-year probationary period for death row inmates has raised legal uncertainties regarding execution timelines and potential changes in sentencing. The research highlights the psychological strain and potential human rights violations that long delays may cause for those awaiting execution, leading to significant concerns within the criminal justice system. Additionally, it examines how this delay influences the integrity of the legal framework in Indonesia. The study uses a qualitative method with a normative legal approach, focusing on analyzing regulations and interpreting legal norms in practice. Data were collected through an in-depth literature review of legal documents and previous studies.The findings indicate that the delay in execution contributes to a lack of certainty in the legal process, which affects both the detainees' mental health and the public’s trust in the justice system. Psychological effects on death row inmates, such as severe distress and mental deterioration, are significant, while the legal impact shows the need for clearer regulations to ensure justice and prevent human rights violations. The study concludes that reforming execution timelines and legal processes is crucial for improving the fairness and effectiveness of the Indonesian criminal justice system.
Penggunaan Artificial Intelligence dalam Optimalisasi Pengawasan dan Perlindungan Hukum bagi Anak dalam Sistem Peradilan Pidana Ramadhani, Naufal Kurnia; Rustam, Muhammad Rizal
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.v2i2.30

Abstract

This study examines the legal, social, and psychological impacts of postponing the execution of death sentences in Indonesia's new Criminal Code (KUHP). The 10-year probation period for death row inmates creates legal uncertainty regarding the timing of executions and the potential for changes in sentencing. Using qualitative methods and a normative legal approach, this study analyses the relevant regulations and interpretations of legal norms through a literature review. The results show that postponing executions exacerbates psychological pressure on convicts, such as severe stress and mental disorders, and undermines public confidence in the fairness of the criminal justice system. In addition, there is a risk of human rights violations due to unclear procedures and long waiting periods. From a legal perspective, this situation indicates the need for more explicit and consistent regulations to ensure legal certainty and substantive justice. Therefore, reforming the execution time limit and oversight mechanisms is considered important to improve the effectiveness and integrity of Indonesia's criminal justice system.
Perspektif Kriminologi terhadap Kejahatan Seksual Anak dan Efektivitas Hukuman Kebiri Kimia Azzahra, Musrinah; Laela, Sofa
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.v2i2.31

Abstract

Child sexual crimes are a serious issue that continues to rise in Indonesia, with perpetrators often coming from the victim's closest environment, such as teachers, neighbors, or even family members. This crime has severe consequences, including physical, psychological, and social impacts that hinder the victim's recovery and reintegration into society. To address this issue, the Indonesian government has implemented chemical castration as an additional punishment under Law No. 17 of 2016. However, the effectiveness of chemical castration remains debated, particularly regarding its long-term impact and ethical implications.This study employs a qualitative method with a normative legal approach, focusing on the analysis of regulations and legal interpretations in practice. Data were collected through a comprehensive literature review, including primary sources such as laws and court rulings, as well as secondary sources like academic journals and prior research. The findings indicate that child sexual crimes are influenced by psychological, social, and economic factors, requiring a multidisciplinary approach for prevention. While chemical castration may reduce recidivism by suppressing testosterone levels, its psychological impact on perpetrators and ethical concerns limit its effectiveness. Furthermore, alternative approaches such as psychological rehabilitation and cognitive behavioral therapy (CBT) have shown greater long-term success. Strengthening the legal system and enhancing public education on sexual violence prevention are crucial to reducing the prevalence of child sexual crimes.
Analisis Kriminologi Victim Precipitation dalam Kasus Kekerasan Seksual terhadap Pekerja Seks Posumah, Vicky Yohanes; Rustam, Muhammad Rizal
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.v2i2.32

Abstract

Sex workers are often victims of sexual violence due to stigma, discrimination, and a lack of legal protection. Despite the perception that their profession is deviant, many individuals engage in sex work due to economic pressures and limited employment opportunities. The concept of victim precipitation in criminology examines the role of victims in triggering crimes, which is often misinterpreted as victim-blaming in cases of sexual violence against sex workers. This study aims to analyze how victim precipitation influences sexual violence against sex workers and its implications in the legal system. This research employs a qualitative approach with normative legal analysis, utilizing primary legal materials such as laws, regulations, and court decisions, along with secondary sources from scholarly journals and literature. The data were collected through an extensive literature review and analyzed using a descriptive qualitative method. The findings reveal that sex workers experience high levels of sexual violence due to social stigma, economic vulnerabilities, and legal system biases. The misinterpretation of victim precipitation often leads to victim-blaming, further discouraging victims from reporting cases. Additionally, the lack of legal protection and law enforcement’s discriminatory attitudes exacerbate the issue, making sex workers more vulnerable to violence. Therefore, legal reforms and social policies are needed to provide equal protection and justice for sex workers as victims of sexual violence.
Analisis Faktor Human Error dalam Kecelakaan Lalu Lintas dan Pertanggungjawaban Hukumnya Setiawan, Mohammad Reza; Rustam, Muhammad Rizal
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.v2i2.33

Abstract

Traffic accidents remain a serious issue globally, including in Indonesia, with human error being the dominant factor. Fatigue, lack of concentration, traffic violations, and external influences such as alcohol contribute significantly to accident rates. Legal responsibility for human error-related accidents is regulated in Indonesian law through criminal, civil, and administrative sanctions. However, the effectiveness of law enforcement remains a challenge due to low legal awareness and inconsistent regulatory implementation. This study employs a normative juridical approach by analyzing regulations, court decisions, and previous research to assess the legal framework governing traffic accidents caused by human error. Data were collected through literature studies and analyzed qualitatively to classify legal sources into primary, secondary, and tertiary categories. The findings indicate that despite the existing legal framework, gaps in enforcement reduce its deterrent effect. Strengthening legal awareness, implementing stricter law enforcement, and integrating technological solutions are necessary to enhance traffic safety. This study contributes to the development of more effective policies in addressing human error-related traffic accidents and improving public compliance with traffic regulations.

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