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Justice Dialectical
Published by Sekolah Tinggi Ilmu Hukum Adhyaksa
ISSN : 3047423X     EISSN : 30474264     DOI : https://doi.org/10.70720/jjd.v2i2
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Journal of Justice Dialectical is an international and fully peer reviewed journal which welcomes high quality, theoretically informed papers on a wide range of fields linked to criminal law and criminal justice system. It invites submissions relating to: Studies of crime and interpretations of forms and dimensions of criminal law; Analyses of criminological debates and contested theoretical frameworks of criminal justice system analysis; Criminal justice and penal policy and practices; Policing policies and policing forms and practices; Criminal law and practice from a socio-legal perspective. Election Crime. Economic Crime Juvenile crime. We particularly welcome submissions relating to more recent and emerging areas of criminal law and criminal justice system enquiry including cyber-enabled crime, fraud-related crime, terrorism, hate crime and legal justice.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
 1 
Search results for , issue "Vol 3 No 1 (2025): Journal of Justice Dialectical" : 5 Documents clear
A Deconstruction of Corporate Responsibility in Criminal Law Reda Manthovani; Erni Mustikasari; Mukhlis; Naglaa Fathy El Dessouky
Jurnal Justice Dialectical Vol 3 No 1 (2025): Journal of Justice Dialectical
Publisher : Sekolah Tinggi Ilmu Hukum Adhyaksa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70720/jjd.v3i1.64

Abstract

The recognition of corporate crime as a form of criminal participation raises critical issues regarding the scope and classification of corporate criminal responsibility in Indonesia. Despite its significance, there is currently no rigid legal framework providing clear guidelines on this matter. This study aims to establish an ideal framework for corporate criminal liability by applying a taxonomic method to classify types of criminal participation. Employing a normative legal research design with a legislation-based approach, the study analyzes both primary and secondary legal materials through deductive reasoning. The findings highlight two main points. First, a legal deconstruction is necessary to comprehend corporate crime as an evolving form of criminal participation, taking into account traditional attribution methods, existing legal practices, and reforms proposed in the draft Indonesian Criminal Code. Second, two predominant models for understanding corporate liability emerge: one that considers corporate actors’ criminal participation as part of their organizational duties, and another that focuses on individual actors’ involvement within the corporate structure. The study concludes that a normative reconstruction and clear classification of corporate crimes are essential to provide legal certainty and uphold justice. This framework aims to provide clearer guidelines for attributing criminal liability in corporate contexts in Indonesia.
Restorative Justice as a New Paradigm in the Enforcement of Hate Speech Laws in Indonesia Asep Nana Mulyana; Sukron Ma’mun; Zul Karnen
Jurnal Justice Dialectical Vol 3 No 1 (2025): Journal of Justice Dialectical
Publisher : Sekolah Tinggi Ilmu Hukum Adhyaksa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70720/jjd.v3i1.65

Abstract

Law enforcement against hate speech in Indonesia has predominantly relied on a repressive approach under the Electronic Information and Transactions Law (ITE Law), often failing to uphold the principles of substantive justice. This article evaluates the effectiveness of the current approach and proposes restorative justice as a more humane and participatory alternative paradigm. Using the socio-legal research method, this study analyzes the concept of restorative justice in addressing hate speech through interviews with legal stakeholders and legal literature and scientific analyzes. This discussion finds, first, that law enforcement against hate speech under the ITE Law remains suboptimal and fails to fully reflect the principles of substantive justice. A punitive-centric approach often neglects critical social dimensions, including the perpetrator’s background, the victim’s circumstances, and the broader cultural context—resulting in legal disparities and the risk of societal over-criminalization. Second, a shift toward restorative justice is imperative. This paradigm offers a more humanistic and transformative framework by prioritizing the restoration of social relations, victim recovery, and the active accountability of offenders. Its inclusive and dialogical nature fosters reconciliation and contributes to a more just, inclusive, and sustainable legal system.
Reforming Asset Recovery Work Procedures for Effective and Just Corruption Handling R. Narendra Jatna; Titin Herawati Utara; Bobur Baxtishodovich Sobirov; Suci Wijayanti
Jurnal Justice Dialectical Vol 3 No 1 (2025): Journal of Justice Dialectical
Publisher : Sekolah Tinggi Ilmu Hukum Adhyaksa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70720/jjd.v3i1.66

Abstract

The current institutional structure of the Asset Recovery Center (Pusat Pemulihan Aset/PPA) under the Indonesian Attorney General’s Office poses significant challenges in the effective recovery of assets from criminal acts, particularly corruption. The PPA’s position under the Junior Attorney General for Administration limits its strategic function, decision-making authority, fiscal autonomy, and coordination across prosecutorial levels. This article proposes a new institutional model by transforming the PPA into an independent Asset Recovery Agency (Badan Pemulihan Aset/BPA) to enhance efficiency, legal responsiveness, and institutional performance in asset recovery. This study employs a normative legal approach alongside theoretical perspectives on institutional effectiveness, bureaucratic rationality (Max Weber), and modern organizational systems. The analysis is descriptive-qualitative, based on legal and organizational frameworks. The study finds that reconstructing the PPA into a level-one agency (Eselon I) directly under the Attorney General would strengthen authority, expedite decision-making, and allow for independent budget control. The proposed structure introduces vertical integration with asset recovery units at regional levels and functional specialization through five strategic centers, including transnational cooperation. This model supports faster, transparent, and accountable asset recovery aligned with the principles of good governance and substantive justice.
Reforming Deelneming Doctrine in State Financial Loss Crimes Bambang Sugeng Rukmono; Roberth Jimmy Lambila; Yessentemirova Aigul Maratovna
Jurnal Justice Dialectical Vol 3 No 1 (2025): Journal of Justice Dialectical
Publisher : Sekolah Tinggi Ilmu Hukum Adhyaksa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70720/jjd.v3i1.67

Abstract

Corruption involving state financial losses remains prevalent in Indonesia, often exacerbated by the ambiguity and divergent interpretations of legal norms, particularly the doctrine of deelneming (criminal participation). The inconsistent and politically influenced application of this doctrine has contributed to legal uncertainty in corruption prosecutions. This study aims to reconstruct deelneming in the context of corruption to enhance legal certainty and promote proportional criminal liability. Employing a normative juridical method, it analyzes legal theories, legislation, and judicial decisions. Findings reveal that the application of deelneming—notably under Article 15 of the Corruption Law and the broad interpretation of Articles 2 and 3—is frequently inconsistent and discriminatory, treating all forms of participation uniformly regardless of intent or role. The study proposes a doctrinal reconstruction grounded in intent theory, causality, and tacit cooperation, streamlining participation into medeplegen (co-perpetration), uitlokking (incitement), and medeplichtige (accomplice), while eliminating plegen and doenplegen. This reconceptualization seeks to reframe deelneming as a foundational legal principle rather than a mere procedural tool, ultimately fostering a fairer and more proportionate framework for criminal liability in corruption cases.
The Politics of Prosecutorial Independence in Anti-Corruption Policy Febridiansyah, Febridiansyah; Sugeng Riyanto; Rahimah Embong; Amir Firmansyah
Jurnal Justice Dialectical Vol 3 No 1 (2025): Journal of Justice Dialectical
Publisher : Sekolah Tinggi Ilmu Hukum Adhyaksa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70720/jjd.v3i1.68

Abstract

The independence of the Attorney General’s Office in Indonesia remains weak due to persistent political influence, as the Attorney General is appointed by the President. Despite reform initiatives since 2000, including the establishment of reform teams, these efforts have yet to create a professional and independent institution, particularly in the prosecution of corruption. This study analyzes the institutional position of the Prosecutor’s Office and propose new legal policy directions to enhance its independence in combating corruption. Using a normative legal method with statutory and comparative approaches, the research examines prosecutorial systems in various countries to identify best practices. The findings reveal that prosecutors' law permits executive intervention because of the absence of clear constitutional provisions defining the Attorney General’s Office. Its ambiguous status between the executive and judiciary weakens professionalism and accountability. Therefore, a constitutional amendment is necessary to establish the Prosecutor’s Office as an independent state institution, with explicit regulations on its authority, accountability, appointment and dismissal procedures, and qualifications and tenure of the Attorney General. Strengthening the Prosecutor’s role as dominus litis within an integrated justice system also requires enhancing transparency, public participation, reforming internal legal culture, and adopting international best practices.

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