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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 25 Documents
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The Liability of Criminal Law for Perpetrators of Goods Embezzlement Andri Winjaya Laksana; Akhmad Ikraam; Anila Robbani
Jurnal Justice Dialectical Vol 2 No 2 (2024): Jurnal Justice Dialectical
Publisher : Sekolah Tinggi Ilmu Hukum Adhyaksa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70720/jjd.v2i2.50

Abstract

The crime of embezzlement has become one of the causes of violations of social rights and the erosion of social values in community life. However, is it already optimal in its law enforcement, especially in the criminal accountability that should be imposed on the perpetrators of embezzlement? This research aims first to understand the regulation of criminal liability for embezzlement offenders and second, to examine the challenges that constitute weaknesses in the criminal liability itself, which result in the persistence of such crimes, and the efforts to address them. This research method uses normative legal research. This research method uses legislative techniques related to the review of all relevant legal guidelines and policies. This approach is used to understand the regulations on criminal liability for perpetrators of embezzlement. In addition, this research also uses a conceptual and case-based approach. The results of this research are, first, that criminal liability for the perpetrator of embezzlement is based on three main elements: the defendant's ability to account for their actions, the presence of an element of fault, and the absence of exculpatory or justificatory reasons. These elements serve as a guide for judges in determining criminal sanctions. Second, in the enforcement of criminal accountability, there are three main hindering factors: the substance of the law, the structure of the law, and the facilities and infrastructure. To overcome these obstacles and minimize embezzlement crimes, efforts are needed through criminal law and preventive and repressive measures.
Optimizing Penal Mediation through Restorative Justice: A Progressive Solution in Criminal Law Reform Arpangi, Arpangi; Ramadani , Maydika; Cindy Yosiana
Jurnal Justice Dialectical Vol 2 No 2 (2024): Jurnal Justice Dialectical
Publisher : Sekolah Tinggi Ilmu Hukum Adhyaksa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70720/jjd.v2i2.51

Abstract

In Indonesia, prison mediation by restorative justice has evolved as a progressive approach to criminal justice reform to create a more compassionate, efficient, and rehabilitative justice system. Despite its promise, its implementation confronts problems such as a lack of knowledge among law enforcement personnel and the general public and regulatory inadequacies. This paper intends to evaluate the application of penal mediation as an alternative to conventional criminal justice processes, analyzing its role in attaining restorative justice and its efficacy in resolving minor offenses and child-related issues. This study examines prison mediation through restorative justice in the Indonesian criminal law system using a normative juridical technique combined with a qualitative descriptive-analytical methodology. Data were gathered from literature reviews and associated legal documents, and the analysis was done utilizing a deductive-inductive technique to combine theory and practice in criminal law reform. According to the findings, introducing prison mediation via restorative justice can substantially contribute to revamping Indonesia's criminal justice system, notably by decreasing the load on courts and offering a more rehabilitative approach for offenders. The study emphasizes the significance of matching legislative frameworks, such as the Penal and Draft Criminal Procedure Code, with restorative justice ideas for easier integration. Furthermore, research demonstrates that the practical application of restorative justice has ongoing hurdles, notably in terms of legal understanding and institutional preparation. The report proposes enhancing training for legal practitioners and extending public awareness campaigns to increase the efficacy of restorative justice in Indonesia.
Applying Restorative Justice to Resolve Minor Assault Cases Hendro Widodo; Raul Gindo Cahayao; Reza Octavia Kusumaningtyas
Jurnal Justice Dialectical Vol 2 No 2 (2024): Jurnal Justice Dialectical
Publisher : Sekolah Tinggi Ilmu Hukum Adhyaksa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70720/jjd.v2i2.52

Abstract

To facilitate non-litigation case resolution, the criminal justice system in Indonesia has implemented restorative justice through the Prosecutor's Regulation and the Police Regulation. Nevertheless, the practical implementation of restorative justice in cases of minor assault continues to encounter a variety of challenges. Consequently, this investigation aims to evaluate how restorative justice is implemented to resolve instances of minor assault. This investigation implements a normative legal research methodology. The study's findings suggest that Indonesia's criminal justice system has initiated the implementation of restorative justice as an alternative to traditional court procedures for resolving cases, particularly minor crimes. This approach emphasizes dialogue and the restoration of relationships. This method aims to mitigate the burden on judicial institutions, prevent societal resentment, and reduce criminalization and stigma. Nevertheless, its implementation is impeded by a lack of understanding, limited legal regulations, and minimal support from the community and victims. To achieve success, it is necessary to implement more stringent regulations, provide law enforcement officers with training, and engage the community.
Developing Optimal Approaches for Investigating Corruption Crimes in Unique Circumstances Willy Naresta Hanum; Iswantoro, Iswantoro
Jurnal Justice Dialectical Vol 2 No 2 (2024): Jurnal Justice Dialectical
Publisher : Sekolah Tinggi Ilmu Hukum Adhyaksa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70720/jjd.v2i2.53

Abstract

Investigating criminal acts of corruption in certain circumstances is ineffective because the investigation and prosecution process carried out by law enforcement officials in Indonesia is discontinuous. This is normative legal research that uses a statutory approach to determine material and formal suitability for investigating criminal acts of corruption in certain circumstances. The legal materials used are primary and secondary. The data collection technique was carried out by literature study and then analyzed using the syllogism method. The research results show, first, that the lack of optimal investigation is influenced by three factors: substance, structure, and legal culture. Second, formulating ideals for investigating criminal acts of corruption in specific circumstances is necessary. This includes revising the provisions on criminal threats in court decisions, reformulating the role and function of the police, prosecutors, and corruption eradication commissions related to investigations, and recognizing the community's role in preventing corruption in Indonesia. Therefore, the government must consider reformulating the investigation of criminal acts of corruption, especially in certain circumstances, to make it more effective.
Reforming the Prosecutor's Role in the Constitutional System Rian Saputra; Nilam Firmandayu
Jurnal Justice Dialectical Vol 2 No 2 (2024): Jurnal Justice Dialectical
Publisher : Sekolah Tinggi Ilmu Hukum Adhyaksa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70720/jjd.v2i2.54

Abstract

Legal uncertainty regarding the independence of the prosecutor is caused by its position as part of the executive institution, but also has a function as a judicial institution. This research is a normative legal study that employs a statutory approach to assess the suitability of regulating the prosecutor's office, whether it operates as a standalone judicial institution or as a component of an executive institution. The legal materials used are primary and secondary. The data collection technique was carried out by literature study and then analyzed using the syllogism method. The research results show, first, that regulations still overlap because the prosecutor's office carries out a judicial function, but in other interpretations, it is still under executive power. Second, a model for reforming the prosecutor's office position based on the theory of separation and distribution of power is needed to guarantee its independence in the law enforcement process. Therefore, this research can help the Indonesian government clarify the prosecutor's office's authority as a manifestation of the independent division of power.
Criminal Law Perspectives on Medical Legal Issues in Telemedicine Aidonojie, Paul Atagamen; Aidonojie, Esther Chetachukwu; Antai, Godswill Owoche; Onwubiko, Kelechi
Jurnal Justice Dialectical Vol 3 No 2 (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.v3i2.47

Abstract

Digital technology has transformed healthcare globally, with telemedicine playing a pivotal role in expanding access to medical services in remote and underserved areas. In Nigeria, however, the practice of telemedicine raises complex medico-legal issues that directly intersect with criminal law. This study examines criminal law perspectives on telemedicine in Nigeria, with particular emphasis on medical liability, patient confidentiality, data protection, and accountability for malpractice or negligence. The research employed a quantitative approach, administering 303 questionnaires to respondents across Nigeria and analyzing the data to assess perceptions of telemedicine and its legal implications. The findings indicate, first, that telemedicine holds significant potential to strengthen Nigeria’s healthcare system, but its effectiveness is constrained by serious challenges, including the absence of a comprehensive regulatory framework, inadequate protection of patient data, and uncertainty regarding criminal liability for medical errors and breaches of confidentiality. Second, the study underscores the urgent need for Nigeria to establish robust laws, ethical guidelines, and medical regulations that specifically address issues of criminal liability, professional responsibility, and patient protection in telemedicine. The adoption of such frameworks would provide legal certainty, enhance accountability, and foster greater public trust in digital healthcare delivery.
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.

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