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intan juniarmi
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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 Acts Of Fraud In Buying And Selling Crypto Christofan, Agustinus; Borman, M.Syahrul
Journal of Strafvordering Indonesian Vol. 2 No. 1 (2025): JOSI - MARCH
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/ntwbjw02

Abstract

The aim of this research is to identify legal loopholes that can be exploited by criminals to commit fraud through cryptocurrency media. This study employs a normative research approach, incorporating a legal perspective. A normative study is a legal research approach that examines doctrinal studies of law. The findings of this research include several case studies and literature that support the argument that cryptocurrency provides opportunities for illegal transactions or other negative activities. Strong speculation suggests that digital currencies are highly vulnerable to being used as a medium for fraud and other abuses, such as financing terrorism, arms and drug trafficking, and various other crimes. This vulnerability arises due to the blockchain-based encryption system of cryptocurrencies, which offers a high level of security, complexity, and anonymity. Furthermore, there are ongoing efforts to establish cryptocurrency as a recognized currency in Indonesia, as evidenced by its increasing use and the emergence of regulations regarding its legality. Therefore, this research highlights the importance of legal oversight in preventing the misuse of cryptocurrency in criminal activities
When the Law Is No Longer Sharp Upwards: A Critical Study of Elite Impunity in Corruption Crimes Fadhilah, Nurul; Samsidar, Samsidar; Rumalean, Zonita Zirhani
Journal of Strafvordering Indonesian Vol. 2 No. 2 (2025): JOSI - MAY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/pw8kan34

Abstract

The phenomenon of elite impunity in corruption cases in Indonesia shows that there is a sharp gap between ideal legal norms and the reality of law enforcement practices that are full of power intervention. Although legal instruments such as the Corruption Law and the 2023 Criminal Code have normatively regulated sanctions against corruption, their implementation often favors the interests of political and economic elites. The judicial process is often characterized by weak independence of legal institutions, judicial mafia practices, and multiple interpretations of legal articles that open up space for abuse of authority. This inequality not only violates the principle of equality before the law, but also results in the erosion of the legitimacy of legal institutions and a decline in public trust in the democratic system. This study uses a normative juridical approach with critical legal theory analysis to dismantle power relations in the Indonesian legal system. The results emphasized the need for structural reform through strengthening the independence of law enforcement agencies, progressive regulatory revisions, and the formation of a critical legal culture with integrity. Without comprehensive reform, the law will only be a tool for the perpetuation of power, not an instrument of justice. This study recommends a transformation of the legal paradigm in order to ensure substantive justice and prevent the systemic practice of impunity of the elite.
Community Acceptance of New Criminal Law Policies in Cases of Violence Arianti, Fitri
Journal of Strafvordering Indonesian Vol. 1 No. 6 (2025): JOSI - JANUARY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/1jfj1585

Abstract

This research aims to explore public acceptance of new criminal law policies applied in handling cases of violence in Indonesia. With a qualitative approach, the study used in-depth interviews and focus group discussions to collect data from different walks of life, including victims of violence, perpetrators, law enforcement, and members of the general public. The results show that while there has been positive reception for increased sanctions and legal reforms aimed at protecting victims, there are concerns about the implementation and consistency of law enforcement. Many respondents expressed the need for better education and social support to ensure that the policy is effective in practice. These findings provide important insights into how new policies are accepted on the ground and what obstacles are faced in the implementation process. This research is expected to be a reference for policymakers and legal practitioners in formulating more effective strategies in handling cases of violence in the future
The Effectiveness of Restorative Legal Approach in Handling Organized Crime in Indonesia Noviya, Anis
Journal of Strafvordering Indonesian Vol. 1 No. 4 (2024): JOSI-SEPTEMBER
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/jye5fh61

Abstract

ABSTRACT The restorative legal approach is an alternative method in handling crime that focuses on restoring relationships between perpetrators, victims, and the community, and prioritizes rehabilitation rather than punitive punishment. In Indonesia, where organized crime often involves complex networks and broad social impacts, this approach offers the potential to overcome challenges that exist in the conventional criminal justice system. This study aims to evaluate the effectiveness of the restorative legal approach in the context of handling organized crime in Indonesia. The research method used is qualitative, with data collection techniques through in-depth interviews with legal practitioners, law enforcement officials, and representatives of rehabilitation institutions, as well as document analysis and case studies related to the implementation of the restorative approach. The results of the study indicate that although the restorative legal approach can provide a more humanistic and constructive solution in some cases, significant challenges include resistance to change from the existing legal system, the need for training and a deeper understanding of this approach, and effective integration between restorative law and the existing criminal law system. This study suggests that in order to increase the effectiveness of this approach, there is a need for systemic reform, increased training, and the development of policies that support the implementation of restorative law in handling organized crime
Challenges and Solutions in Implementing the Anti-Terrorism Law in Indonesia Nayla, Nayla
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/mx3j7247

Abstract

ABSTRACT Counterterrorism is a top priority for Indonesia's national security, as regulated in Law No. 5 of 2018 on the Eradication of Criminal Acts of Terrorism. Although this law provides a comprehensive legal framework for dealing with terrorism, its implementation in the field faces significant challenges. This study aims to explore the main challenges in the implementation of the Anti-Terrorism Law and identify potential solutions to address these problems. The method used in this study is a qualitative approach, with data collection techniques through in-depth interviews with legal practitioners, analysis of legal and policy documents, and case studies of several terrorism incidents in Indonesia. The results of the study indicate that the main challenges include lack of coordination between institutions, limited resources and training, and issues related to human rights. This study also found that potential solutions include increasing cooperation between institutions, providing better training, and strengthening oversight mechanisms to ensure that law enforcement does not violate basic rights. These findings are expected to provide valuable insights for policymakers and legal practitioners in improving the effectiveness of the implementation of the anti-terrorism law in Indonesia.
Challenges in the Implementation of Criminal Law for Sexual Crime Cases in Indonesia Tasya, Amalia
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/s2653214

Abstract

Sexual crimes are one of the most serious crimes and deeply affect the victims. In Indonesia, although there are various laws regulating the handling of sexual crimes, the implementation of criminal law in these cases faces various challenges. This study aims to explore and analyze the main challenges in the application of criminal law to cases of sexual crimes in Indonesia, using a qualitative approach. This research method includes in-depth interviews with legal practitioners, including police officers, prosecutors, judges, and non-governmental organizations that focus on sexual crime issues. In addition, this study also conducted an analysis of relevant case studies and legal documents. The data collected were analyzed using thematic analysis techniques to identify and categorize the main challenges faced in the implementation of criminal law. The results of the study indicate that the main challenges in the implementation of criminal law for cases of sexual crimes. This study concludes that in order to improve the effectiveness of the implementation of criminal law in cases of sexual crimes, reforms are needed that include increased coordination between institutions, special training for law enforcers, and changes in social perceptions of victims of sexual crimes. These recommendations are expected to help create a more responsive and fair criminal justice system for victims of sexual crimes in Indonesia
Dynamics of Criminal Law Enforcement in Drug Cases Among Adolescents: A Qualitative Study in Major Cities in Indonesia Firayani, Firayani
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: 10.62872/3j1qx320

Abstract

This study explores the dynamics of criminal law enforcement in drug cases involving adolescents in a large city in Indonesia, using a qualitative approach. The main focus of this study is to analyze how law enforcement policies and practices are applied to drug cases among adolescents and the challenges faced in the process. Through in-depth interviews with law enforcement officers, lawyers, and social workers, as well as focus group discussions (FGDs) with adolescents and community members, this study identifies several key issues. Findings indicate that while existing criminal law policies provide strict sanctions, law enforcement is often hampered by limited resources, lack of specialized training, and an overly punitive approach to adolescents. The study also notes shortcomings in the rehabilitation services available to adolescents involved in drugs. Based on these findings, the study recommends the need for policy reform with a focus on rehabilitative approaches and improving the quality and accessibility of rehabilitation services for adolescents
Public Acceptance of New Criminal Law Policies in Cases of Violence Samsidar
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/bb7g5667

Abstract

This study aims to explore public acceptance of the new criminal law policy implemented in handling cases of violence in Indonesia. Using a qualitative approach, this study used in-depth interviews and focus group discussions to collect data from various levels of society, including victims of violence, perpetrators, law enforcers, and members of the general public. The results show that although there is positive acceptance of increased sanctions and legal reforms aimed at protecting victims, there are concerns about the implementation and consistency of law enforcement. Many respondents expressed the need for better education and social support to ensure that the policy is effective in practice. These findings provide important insights into how the new policy is received in the field and what obstacles are faced in the implementation process. This study is expected to be a reference for policy makers and legal practitioners in formulating more effective strategies in handling cases of violence in the future.
The Impact of Error in Persona: Liability of Police Investigators in Cases of Wrongful Arrests Tasya, Amalia
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/mswar557

Abstract

Errors in arrest, known as "errors in persona," are one of the fundamental problems in the criminal justice system that demands serious attention. This phenomenon not only reflects the failure of law enforcement officials to carry out their duties, but also raises various adverse implications, both for individuals who are victims of wrongful arrest and for public trust in the integrity of the legal system. In a country of law that prioritizes the principles of justice and legal certainty, errors in arrest are serious challenges that can injure these basic principles. Police investigators, as one of the main actors in the law enforcement process, play a very vital role in ensuring that any action taken is in accordance with applicable legal procedures. They are responsible for making arrests, detentions, and investigations based on sufficient evidence and with regard to human rights. However, in reality, in practice mistakes often occur that lead to the arrest of innocent people. These mistakes can occur due to a variety of factors, including a lack of adequate evidence, pressure to resolve cases quickly, errors in suspect identification, or even practices that violate the ethics of investigator professionalism. Errors in person not only have an impact on the victims who are directly affected, such as psychological trauma, social stigma, and material loss, but also have broader legal consequences. This mistake can damage the credibility of law enforcement officials, create public distrust, and ultimately erode the legitimacy of the legal institution itself. In a broader context, error in persona also interferes with the principle of justice that should be the main foundation in the criminal justice system. This study aims to analyze the impact of error in persona with a special focus on the accountability of police investigators in cases of wrongful arrest. This research will examine how the accountability mechanism of investigators is regulated in the Indonesian legal system, as well as how the rules are applied in various concrete cases. In addition, this research will also explore the legal aspects that govern protection for victims of wrongful arrest, including recovery and compensation mechanisms, as well as an evaluation of the effectiveness of existing regulations. One of the important issues that will be discussed is the extent to which investigators can be held legally accountable, both criminally, civilly, and administratively, when an arrest is made. In this case, the study will highlight whether the current regulations are adequate to hold investigators accountable, or whether there are still legal loopholes that allow investigators to escape responsibility for the mistakes that occurred. Furthermore, this study will also discuss the social and psychological implications of error in persona, especially how the public views cases of wrongful arrest and its impact on public trust in law enforcement officials. Thus, this research is expected to make a significant contribution to the development of better legal policies, as well as provide constructive recommendations to prevent the recurrence of arrest errors in the future.
The Effectiveness of Criminal Sanctions in Combating Corruption Crimes in Indonesia Nayla, Nayla
Journal of Strafvordering Indonesian Vol. 1 No. 4 (2024): JOSI-SEPTEMBER
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/79ve0r66

Abstract

Combating corruption is a major challenge within Indonesia's criminal justice system. One of the key instruments in this effort is the imposition of firm and effective criminal sanctions. This study aims to examine the effectiveness of criminal sanctions against perpetrators of corruption and their impact on anti-corruption efforts in Indonesia. The research method used is a normative juridical approach, utilizing secondary data from legislation, court rulings, and related literature. The results show that although Indonesia has a strong legal foundation, such as Law No. 31 of 1999 in conjunction with Law No. 20 of 2001 on the Eradication of Corruption Crimes, its implementation still faces various obstacles, such as sentencing disparities, lack of deterrent effect, and weak law enforcement. This study concludes that reform is needed in the criminal justice system for corruption, including enhancing the capacity of law enforcement, and harmonizing criminal sanctions to maximize deterrence. This study is expected to contribute to strengthening criminal law in addressing corruption as an extraordinary crime.

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