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INDONESIA
Journal of Strafvodering Indonesian
Published by PT Anagata Sembagi Education
ISSN : -     EISSN : 30468620     DOI : 10.62872/2d2xvh15
Core Subject : Education, Social,
Law, Crime, Criminology & Criminal Justice Other
Journal of Strafvordering Indonesian (JOSI) is a peer-reviewed, open access international journal that discusses politics of law in general, discuss discourses on the development of criminal law and government policy from various perspectives. All submitted manuscripts will be reviewed by the editors and then evaluated by a minimum of two Reviewers through a double-blind review process. This is to ensure the quality of manuscripts published in the journal.
Arjuna Subject : Umum - Umum
Articles 45 Documents
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Criminal Law Theory Indonesia Fadhilah, Nurul
Journal of Strafvordering Indonesian Vol. 1 No. 1 (2024): JOSI-MARET
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/zjjswg63

Abstract

This article discusses the concept of understanding crime through the chronological paradigm, which involves analyzing the evolution and development of crime over time. This paradigm outlines a series of crime events to reveal the factors that influence and encourage crime. Looking at crime chronologically allows for an understanding of changes in crime patterns, societal responses, and prevention and countermeasure efforts that have been made. Chronological analysis traces crime patterns in the context of certain historical events or social crises, providing insight into how social conditions influence criminal behavior. Societal responses to crime shape criminal policy and future prevention efforts. The evolution of legal systems and changes in social norms are reflected in the way crime is defined and punished. Through collaboration between researchers, law enforcement, and policy makers, understanding the chronology paradigm helps identify common patterns, respond to changes in society, and develop more effective strategies in tackling crime.
Reviewing Criminal Threats Against Falsification of Covid-19 Certificate by Medical Personnel Nuzul Quraniati Rohmah
Journal of Strafvordering Indonesian Vol. 1 No. 1 (2024): JOSI-MARET
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/dshvx955

Abstract

This article discusses the relationship between law and society, beginning with a review of the statement “where there is society, there is law” (ubi societas ibi ius). The research highlights how societies form laws in an effort to protect themselves or their groups. However, societal developments are often faster than legal reforms, resulting in some regulations becoming irrelevant to the current situation. The Covid-19 pandemic, for example, has changed various aspects of people's lives, including travel restrictions and requirements. Documents such as the Covid-19 Certificate have become important in a pandemic situation, but cases of forgery have also increased. Syndicates of Covid-19 Certificate forgery, including perpetrators who are medical personnel, indicate a serious violation of the law. The imposition of criminal and administrative sanctions is necessary to uphold justice and emphasize the importance of complying with the code of ethics, especially in the context of health services. Through an understanding of applicable regulations and laws, as well as fair enforcement of sanctions, it is hoped that the community can obtain justice and protection in accordance with current social and health conditions.
Law Enforcement Regarding Human Rights According to Positive Law in Indonesia Tiara Saskia Maharani
Journal of Strafvordering Indonesian Vol. 1 No. 1 (2024): JOSI-MARET
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/n1f51e68

Abstract

This article discusses the importance of recognition and protection of human rights in the Indonesian legal system, focusing on the 1945 Constitution and its amendments, as well as Law No. 39 of 1999. Furthermore, the article highlights the establishment of law enforcement agencies, such as Komnas HAM, as a commitment by the government to ensure justice. The Second Amendment of 2000 strengthened the position of human rights in the hierarchy of national legal norms. This research aims to explore the mechanisms for applying the law to human rights violations and the remedies required in Indonesia. The application of law includes legal groundwork through the Human Rights Court, while remedies involve mechanisms such as peace, consultation, and mediation, which must take into account cultural and social values. With active community support and coordination of relevant institutions, human rights enforcement is expected to remain in line with local and universal values.
The Importance of War Crimes Regulation in Indonesian Criminal Law Fitri Arianti Saputri
Journal of Strafvordering Indonesian Vol. 1 No. 1 (2024): JOSI-MARET
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/7sa65k79

Abstract

Armed conflicts often involve violations of humanitarian law and the laws of war, causing adverse impacts on civil society. The involvement of states in international conflicts drives the need for comprehensive war crimes regulation to uphold humanitarian values and protect human rights. In the context of the Israeli-Palestinian conflict, the role of the UN as a global organization becomes crucial, and Indonesia, as a UN member state, has a responsibility to contribute to achieving peace and maintaining world order. Although Indonesia has Law No. 26/2000 on Human Rights Courts, the regulation does not explicitly cover war crimes as stipulated in the 1998 Rome Statute. The history of war law in Indonesia shows the need for reform to accommodate more modern principles of international law. The push for the establishment of more comprehensive regulations related to international humanitarian law shows the international world's awareness of the need to regulate international crimes more clearly and firmly. Support from various parties, including civil society, scientists, NGOs and the government, is key in ensuring the realization of effective and equitable regulations related to war crimes in Indonesia. Indonesia needs to respond seriously to the urgency of establishing war crimes regulations to make a positive contribution to maintaining global peace, protecting human rights, and bringing justice to victims of war crimes.
Implementation of Criminal Law in Narcotics Cases in Indonesia Clarissa
Journal of Strafvordering Indonesian Vol. 1 No. 1 (2024): JOSI-MARET
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/ce0fta06

Abstract

Issues related to drug-related crimes have become a major concern around the world and an ongoing topic of discussion at the national and international levels. The problem of drug abuse is not only a national, but also a global challenge that is troubling various nations. The adverse effects of drug abuse involve damage to physical, mental health, emotional, and societal values. Narcotics abuse has become a serious threat faced by society and the nation, forming a national and international organized crime. With this background, it raises a topic entitled "The Application Of Narcotic Penal Law In Indonesia". Which reviews how criminal law is used to regulate narcotics crimes in Indonesia, including the criminal law system applied. The research method applied in this journal is a normative juridical approach, in which the author analyzes the problem by considering legal principles and referring to legal norms in legislation. The data used in this scientific journal is secondary.
The Influence of Mass Media on Public Perception of Criminal Cases: A Qualitative Approach Fadhilah, Nurul
Journal of Strafvordering Indonesian Vol. 1 No. 2 (2024): JOSI-MAY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/5scm0g45

Abstract

The mass media plays a pivotal role in shaping public perceptions of criminal cases, influencing how individuals understand and respond to legal issues. This study explores the influence of mass media on public perceptions of criminal cases through a qualitative approach, utilizing in-depth interviews and media content analysis. It investigates how media framing and narratives shape public opinion, as well as the role of the media in shaping legal awareness and social justice. The study reveals that media framing often leads to bias and stereotyping, impacting public views of perpetrators and victims. Moreover, consumption of news without verification can increase fear and anxiety in communities. Media practitioners and law enforcement professionals feel pressure to produce sensationalized news, compromising accuracy and balance. Despite the potential of mass media to enhance legal literacy, its effectiveness depends on ethical news coverage and media literacy education. Collaboration between media and law enforcement is crucial to ensure information dissemination does not disrupt the judicial process. In conclusion, responsible media coverage is essential for fostering a fair and transparent judicial system, and this study offers insights for improving media practices and promoting justice in society.
Protection of Human Rights in the Investigation Process Criminal Offenses in Indonesia Elisa Pitria Ningsih
Journal of Strafvordering Indonesian Vol. 1 No. 2 (2024): JOSI-MAY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/g9297g96

Abstract

The criminal investigation process is the initial stage in the criminal justice system that has great potential for human rights violations. This research aims to analyze the implementation of human rights protection in the criminal investigation process in Indonesia, with a focus on identifying obstacles and challenges faced, and providing recommendations for improvement. The research method used is a qualitative approach with normative analysis of various national and international legal instruments governing human rights protection, as well as case studies and in-depth interviews with law enforcement officials and legal experts. The results showed that although Indonesia has a strong legal framework to protect human rights, as stipulated in the 1945 Constitution, Law No. 39/1999 on Human Rights, and the Criminal Procedure Code (KUHAP), there are still various obstacles in its implementation. Cases of torture and inhumane treatment, detention without legal procedures, and limited access to legal aid are still common. The main causes of these problems are lack of oversight, lack of training of law enforcement officials on human rights, and limited resources to provide adequate legal aid.
Sociological Roots of the Emergence of Terrorism in Indonesia: An Interdisciplinary Approach Mappasessu Mappasessu; Kurniati Kurniati; Misbahuddin Misbahuddin
Journal of Strafvordering Indonesian Vol. 1 No. 3 (2024): JOSI-JULY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/de36vq42

Abstract

This study aims to analyze the sociological measurement of the emergence of terrorism in Indonesia, as well as the development of terrorism and its prevention. The purpose of the research is to look at the sociological roots in more detail to find more comprehensive steps in preventing terrorism in Indonesia. This study uses qualitative description. The research method uses library research which obtains secondary data including literature books, laws and regulations, official documents, and other relevant data. In this writing, the author uses a sociological history approach. The result of this paper is that terrorism has many dimensions, namely the local dimension, the regional dimension, and the global dimension to unravel the sociological roots of the emergence of terrorism in Indonesia, then the overcoming steps need cooperation from all parties, the government, the community, and the international world because the overcoming action is not by using repression so that it can violate human rights, but also using a socio-cultural approach by inviting all components including the so that the seeds of terrorism that exist in society can be minimized, and cut off the roots of its development to grow radicalism in common life.
Restorative Justiceand Protection of Children's Rights in the Criminal Legal Process Egi Kurniawan
Journal of Strafvordering Indonesian Vol. 1 No. 3 (2024): JOSI-JULY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/x4pq2h38

Abstract

Protection for children who are in conflict with the law in the juvenile criminal justice process, from investigation, prosecution, court, to juvenile correctional facilities, has not been able to provide protection that provides a sense of justice for children. In fact, children's rights are often ignored. In the case of children, children can be perpetrators, victims, or witnesses, so serious protection and treatment is needed to prevent wider and detrimental impacts on them. Handling of children's cases must be carried out by officials who understand children's problems. Law Number 11 of 2012 concerning the Juvenile Criminal Justice System marks progress in protecting children in conflict with the law, by changing the paradigm in handling these cases. The process of resolving children's cases is not only limited to the judiciary, but can also be carried out outside the judiciary through diversion with a restorative justice approach. This approach involves all relevant parties, including perpetrators, victims, witnesses and other parties, to jointly find solutions in the best interests of the child.
Exploring the Role of Notaries in Common Law and Civil Law Legal Systems: A Comparative Analysis of Authentic Deed Making Indi Nuroini; Akfah Zakiah Jamilah; Agung Wildan Azizi; Ajeung Syilva Syara Noor Silmi Sudrajat
Journal of Strafvordering Indonesian Vol. 1 No. 3 (2024): JOSI-JULY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/q77xbj15

Abstract

The role of notaries in Civil Law and Common Law legal systems, with a focus on Indonesia and Malaysia as examples of each. The Civil Law legal system in Indonesia regulates notaries as public officials responsible for making authentic deeds with strong evidentiary power in the eyes of the law. This study uses a normative research approach to explore the legal regulations governing notaries in both legal systems, by analyzing the UUJN in Indonesia and the Notaries Public Act 1959 in Malaysia. The main findings show that notaries in Civil Law have broader authority in making authentic deeds compared to Notary Public in Common Law, which focuses more on document verification and attestation. This difference reflects the characteristics of each legal system in regulating the role of notaries in maintaining legal certainty in society. Further research on these differences and similarities can provide valuable insights for legal development in both systems, as well as help formulate more effective strategies in meeting the increasingly complex and connected global legal needs.

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