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Pujiyono Suwadi
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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 25 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.

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