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Bagian Penelitian dan Pengabdian Kepada Masyarakat (BPPM) STIH Adhyaksa Gedung Adhyaksa Loka Lantai 3. Jl. Raya Mabes Hankam No. 60, Ceger Kec. Cipayung Kota Jakarta Timur, DKI Jakarta – 13820
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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 29 Documents
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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.
Reconstruction of Collusion and Nepotism in Corruption Policy Ali Mukartono; Ahmad Dwi Nuryanto; Muhammad Arbani; Mohammed AlHadi Ibrahim Bosha Ahmed
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.v3i2.95

Abstract

The ineffectiveness of the criminal system in addressing collusion and nepotism in Indonesia stem form from normative inequality, multiple interpretations of the law, and a repressive approach that does not address the complexity of power crimes. This research aims to reconstruct the national legal system to combat the lack of norms and weak regulations related to collusion and nepotism as an operational criminal offense. It employs a normative approach with a statute analysis and a comparative study of the United States legal system to enhance normative recommendations. This research shows, first, that there are fundamental differences in legal policies regarding the criminalisation of collusion and nepotism. The United States addresses these issues implicitly through various criminal statutes, while Indonesia integrates them into its anti-corruption regime as a historical response to the abuse of power. Second, normative imbalances in Indonesia, such as the non-operational formulation of the crime of collusion and limited sanctions against nepotism, have led to weak enforcement and created loopholes for the abuse of authority. Therefore, third, it is imperative to reconstruct the law to encompass the aspects of substance, structure, and legal culture, thereby strengthening the effectiveness of criminalisation and addressing collusion and nepotism.
Reconstructing National Economic Loss in Corruption Crimes Elisabeth Sundari; Hilaire Tegnan; Muhammad Rizqi Alfarizi Ramadhan
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.v3i2.96

Abstract

Although various law enforcement instruments have been implemented, the handling of losses due to corruption still tends to focus on state financial losses, without considering the broader state economic losses that have a far more systemic and long-term impact. This research aims to reconstruct the elements of state economic losses to make them more operational in judicial practice, serving as a basis for fair and comprehensive recovery. The method employed is a normative juridical approach, incorporating statutory, conceptual, and case-based elements. The results of the research indicate that first, the element of state economic losses in criminal acts of corruption has not been implemented effectively due to the lack of a clear normative definition, the absence of standard quantitative parameters, and low application in judicial practice due to legal doubts and weak technical capacity of law enforcement officials. This results in the handling of losses due to corruption continuing to focus on narrow state financial losses while ignoring broader and systemic economic impacts. Second, a legal reconstruction of the element of state economic losses is necessary by strengthening the definition in Article 1 of the Corruption Law, adding characteristics and scope to the article’s explanation, and expanding the concept of confiscation and compensation to include structural losses. In addition, the implementation of alternative recovery mechanisms, such as settlement fines from the investigation stage, is important as a restorative effort that objectively considers the value of economic losses.
Legal Reform in the Enforcement of Illegal Fishing Crimes Abdul Kamil Razak; Aloysius Wisnubroto; Tajudeen Sanni
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.v3i2.97

Abstract

Illegal, unreported, and unregulated (IUU) fishing is a growing threat to sustainable fisheries in Indonesia. This practice requires effective law enforcement, which raises the question: are fisheries regulations in Indonesia effective in enforcing measures to combat IUU fishing? This research aims to analyse the effectiveness of law enforcement in combating illegal fishing, analyse the implications of illegal fishing on sustainable fisheries development efforts, and design an ideal policy model for law enforcement in combating illegal fishing. This research applies a normative legal research method, utilising secondary data as the primary source of analysis. The approaches used include a legislative approach and a conceptual approach. This approach also serves as the foundation for formulating an ideal policy model to combat illegal, unreported, and unregulated (IUU) fishing. This study shows that, first, the fisheries legal system in Indonesia remains ineffective due to persistent weaknesses in legal substance, legal structure, and legal culture. Second, this ineffectiveness results in economic losses to the state, damage to the marine ecosystem, and a decline in the welfare of the community, especially those engaged in fishing. Third, there is a pressing need to renew the legal framework through harmonisation with international agreements, revision of the Fisheries Law to close legal gaps, institutional capacity building, and enhanced international cooperation as important steps towards establishing an effective, fair, and sustainable law enforcement model to protect Indonesia's marine resources for current and future generations.
Judges’ Role in Suspect Determination and Evolving Legal Concepts Pujiyono Suwadi; Hasbullah , Hasbullah; Anurat Anantanatorn; Tojiboev Akbar Zafar Ogli
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.v3i2.98

Abstract

Corruption is classified as an extraordinary crime, necessitating the adoption of non-traditional law enforcement strategies. Recent developments allow judges to determine guilt or innocence based on evidence presented in court. This study examines the legal implications of judicial involvement in corruption investigations, with a particular emphasis on the evolving role of the dominus litis, traditionally reserved for public prosecutors. The research further explores reinterpretations of the negatief wettelijk principle and the concept of criminal awareness. Employing a normative juridical methodology, the study reviews relevant statutes, legal doctrines, and case law to inform its analysis. The findings suggest that judicial identification of suspects may undermine the principle of dominus litis and lead to institutional conflict between prosecutors and judges. This practice alters the application of the negatief wettelijk principle by enabling judges to form legal opinions before formal investigations are conducted. Additionally, the understanding of criminal awareness has shifted towards a more interpretive judicial approach. It is therefore essential to establish clear and equitable regulations governing judicial authority in corruption cases to ensure fair trials, prevent abuse of power, and maintain the balance and independence of law enforcement institutions.
Human Insecurity and Security Governance amid Conflict and Crisis in Nigeria Paul Atagamen Aidonojie; Eregbuonye Obieshi; Ismaila Hassan; Omobolanle Omolola Ikpotokin; Collins Ekpenisi
Jurnal Justice Dialectical Vol 4 No 1 (2026): Journal of Justice Dialectical
Publisher : Sekolah Tinggi Ilmu Hukum Adhyaksa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70720/jjd.v4i1.46

Abstract

Human insecurity continues to pose a serious challenge in Nigeria as violent conflicts and public health crises threaten lives, property, livelihoods, and social stability. Although security agencies have a fundamental responsibility to protect citizens and maintain public order, persistent criminal activities and recurring social conflicts reveal significant weaknesses in the existing security governance system. This study examines how violent conflicts and pandemic crises influence human insecurity in Nigeria and evaluates the effectiveness of security agencies in responding to these threats. The study applies a hybrid research method that combines doctrinal legal analysis with empirical research. The empirical investigation involved 414 respondents randomly selected from states across Nigeria's six geopolitical zones. The study analyzes the collected data through descriptive and analytical methods and examines the relevant legal and institutional frameworks governing public security. The findings show that violent conflicts and pandemic crises create social and economic conditions that increase vulnerability to crime and deepen human insecurity. The study also finds that limited institutional capacity, inadequate coordination, insufficient technological resources, and weak responses to underlying social, economic, political, and public health problems restrict the ability of security agencies to prevent crime effectively. The study concludes that Nigeria must strengthen security governance through an integrated approach that addresses the causes of violent conflict and public health vulnerability. Stronger institutional coordination, adequate resources, modern crime prevention technology, and responsive social policies can improve the capacity of security agencies to protect citizens and reduce human insecurity during periods of crisis.
Criminal Justice Implications of Bankruptcy Abuse Against Solvent Debtors Hairul Rizal H Talib; Ahmad Dwi Nuryanto; Maya Khater
Jurnal Justice Dialectical Vol 4 No 1 (2026): Journal of Justice Dialectical
Publisher : Sekolah Tinggi Ilmu Hukum Adhyaksa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70720/jjd.v4i1.134

Abstract

Bankruptcy law provides a legal mechanism for resolving financial distress while safeguarding the legitimate interests of creditors and debtors. However, creditors may misuse bankruptcy proceedings against solvent debtors and transform a legitimate debt recovery mechanism into a means of coercion, procedural manipulation, and economic pressure. This practice raises serious criminal justice concerns when parties deliberately present misleading claims, conceal material financial information, manipulate judicial procedures, or initiate bankruptcy proceedings to pressure debtors who retain sufficient financial capacity to meet their obligations. This study examines the criminal justice implications of bankruptcy abuse against solvent debtors and evaluates whether the existing legal framework provides adequate safeguards against the misuse of bankruptcy proceedings. The research applies normative legal research through statutory, conceptual, and comparative approaches. The findings reveal that the current bankruptcy framework primarily determines bankruptcy through formal requirements concerning the existence of multiple creditors and at least one due and payable debt. Courts therefore may declare a debtor bankrupt without first determining whether the debtor actually lacks the financial capacity to satisfy its obligations. This legal structure exposes solvent debtors to bankruptcy petitions even when they possess sufficient assets and maintain viable business operations. More importantly, the absence of a substantive insolvency assessment enables parties to exploit bankruptcy proceedings for objectives unrelated to legitimate debt recovery. Fraud, deception, coercion, and deliberate procedural manipulation in bankruptcy proceedings may undermine procedural fairness, disrupt business continuity, and weaken the integrity of judicial institutions. Comparative analysis shows that an insolvency test can establish a substantive safeguard against abusive bankruptcy petitions by requiring an objective assessment of the debtor’s financial condition. This study therefore proposes the incorporation of an insolvency test alongside stronger legal mechanisms for detecting and addressing abusive conduct in bankruptcy proceedings. These reforms would strengthen protection for solvent debtors, prevent procedural manipulation, reinforce legal accountability, and advance substantive justice within the criminal justice system.
Digital Platform Liability for Economic Crimes in Online Marketplaces Dinda Aprilia; Tippawan Lertatthakornkit; Chibueze Callistus Duru; Muhammad Arbani
Jurnal Justice Dialectical Vol 4 No 1 (2026): Journal of Justice Dialectical
Publisher : Sekolah Tinggi Ilmu Hukum Adhyaksa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70720/jjd.v4i1.135

Abstract

The rapid growth of digital marketplaces has transformed commercial activities and expanded public access to goods and services. At the same time, this development has created greater opportunities for economic crimes, including online fraud, money laundering, identity theft, illegal trade, and misuse of personal data. These problems raise important legal questions concerning the responsibility of digital platforms that manage commercial transactions and control marketplace activities. This study analyzes the legal liability of digital platforms for economic crimes within marketplace ecosystems and develops an appropriate model of platform accountability for Indonesia by drawing lessons from Singapore. The study applies normative legal research through statutory, conceptual, and comparative approaches. The findings reveal three major problems. First, Indonesian law regulates digital platform responsibility through fragmented provisions that do not clearly define the scope of platform liability for economic crimes committed by third parties. Second, the existing legal framework does not impose adequate obligations on platforms to conduct due diligence, identify transaction risks, prevent unlawful activities, and maintain effective internal governance. Third, the comparison with Singapore demonstrates the importance of preventive obligations, effective risk assessment, transparent governance, and proportionate responsibility in strengthening platform accountability. This study concludes that Indonesia should establish a risk-based accountability model that requires digital platforms to actively prevent foreseeable economic crimes while maintaining proportionate liability according to their authority, knowledge, control, and involvement in marketplace activities.
Mediation in Land Dispute Resolution for Preventing Criminal Offenses Dinda Tiara Gisani; Abdul Kadir Jaelani; Fitrat Umirov; Mohd Shafiee Bin Hamzah; Ibnu Mazjah
Jurnal Justice Dialectical Vol 4 No 1 (2026): Journal of Justice Dialectical
Publisher : Sekolah Tinggi Ilmu Hukum Adhyaksa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70720/jjd.v4i1.136

Abstract

Land disputes remain a persistent legal problem in Indonesia because land holds significant social, economic, and legal value and frequently generates competing claims among individuals and institutions. Unresolved disputes may escalate beyond civil disagreements and contribute to criminal offenses, including unlawful occupation, document falsification, and other unlawful conduct concerning land rights. This study examines the role and effectiveness of mediation in resolving land disputes and preventing related criminal offenses at the Surakarta City Land Office. The research applies an empirical legal method with a qualitative approach by examining the implementation of mediation, institutional practices, and obstacles encountered during dispute resolution. The findings demonstrate that mediation provides an important nonlitigation mechanism for facilitating dialogue, reducing conflict, and encouraging mutually acceptable settlements. However, its effectiveness remains limited by the unwillingness of disputing parties to participate constructively, emotional tensions between the parties, insufficient numbers of competent and certified mediators, inadequate supporting facilities, and limited legal awareness. When mediation fails to produce an agreement, disputing parties generally pursue litigation, which may prolong conflict and increase the possibility of unlawful conduct. The study concludes that strengthening mediator competence, improving institutional capacity, increasing public legal awareness, and encouraging meaningful participation can enhance mediation as a preventive legal mechanism against criminal offenses arising from land disputes.

Page 3 of 3 | Total Record : 29

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