cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
intan juniarmi
Contact Email
nawalaedu@gmail.com
Phone
+6282281184080
Journal Mail Official
nawalaedu@gmail.com
Editorial Address
Jl. Raya Yamin No.88 Desa/Kelurahan Telanaipura, kec.Telanaipura, Kota Jambi, Jambi Kode Pos : 36122
Location
Kota jambi,
Jambi
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
 1   2   3   4   5 
Implementation of Criminal Sanctions against Perpetrators of Theft in Indonesia Samsidar, Samsidar
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: 10.62872/64ycax49

Abstract

Theft is one of the most common forms of crime in society and has been strictly regulated in the Criminal Code (KUHP). Law enforcement against perpetrators of theft plays an important role in creating a sense of security and justice. This article aims to analyze how criminal sanctions are applied to perpetrators of theft in Indonesia, by reviewing the applicable legal basis, law enforcement practices, and challenges in its implementation. This study uses a normative legal approach with literature study as the main method. The results of the study indicate that although the legal provisions are quite adequate, there are still challenges in the judicial process, including differences in judges' interpretations, the socio-economic conditions of the perpetrators, and the effectiveness of sanctions in providing a deterrent effect. The discussion also touches on the importance of criminal policy reform and the need for a rehabilitative approach for certain perpetrators. Thus, law enforcement against theft must be carried out proportionally and fairly.
Analysis of Criminal Sanctions for Criminal Acts of Assault in Indonesia Samsidar, Samsidar
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/yxxrnw87

Abstract

The crime of assault is a violation of the law that often occurs in Indonesian society and has serious implications for public security and order. Assault is clearly regulated in the Criminal Code (KUHP), especially in Articles 351 to 358, which cover various forms and levels of severity of assault. This article aims to analyze the application of criminal sanctions against perpetrators of assault in Indonesia, both in the form of imprisonment and fines. Using a normative legal approach, this study examines aspects of positive law, legal doctrine, and related court decisions. It was found that although the regulations have been quite adequate, the application of sanctions still faces challenges such as inconsistency in judges' decisions, non-legal considerations, and the less than optimal role of law enforcement officers. This article also discusses the need for reformulation of the criminal sanction approach and alternative conflict resolution, such as restorative justice, to create more substantial justice. This study is expected to contribute to the development of a more humanistic and just national criminal law.
Implementation of Criminal Sanctions for Domestic Violence (KDRT) in Indonesia Samsidar, Samsidar
Journal of Strafvordering Indonesian Vol. 1 No. 5 (2024): JOSI-NOVEMBER
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/xpshdf89

Abstract

Domestic violence (DV) is a form of human rights violation that has serious impacts on victims, especially women and children. In Indonesia, the crime of domestic violence is regulated in Law Number 23 of 2004 concerning the Elimination of Domestic Violence. This study aims to examine the extent to which the application of criminal sanctions against perpetrators of domestic violence is in accordance with the objectives of criminal law and provides effective protection to victims. Using a normative legal approach and supported by jurisprudence studies, this article reviews the effectiveness of law enforcement in the field, obstacles to law enforcement, and the need for a restorative approach. The results of the analysis show that although regulations have been comprehensively available, implementation at the law enforcement level still faces obstacles such as patriarchal culture, lack of understanding of the Domestic Violence Law, and minimal support for the victim protection system. This study recommends strengthening the capacity of law enforcement officers, public education, and optimizing the protection mechanism for victims of domestic violence. This study is expected to contribute to encouraging the renewal of criminal law policies that are more responsive to victims of domestic violence.
Criminal Law Analysis of Sexual Crimes against Children Samsidar, Samsidar
Journal of Strafvordering Indonesian Vol. 1 No. 5 (2024): JOSI-NOVEMBER
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/6h4v3523

Abstract

Sexual crimes against children are crimes that have extraordinary impacts on victims, both physically, psychologically, and socially. Protection of children as the nation's next generation is a primary concern in the criminal law system in Indonesia. This article aims to analyze the application of criminal law to perpetrators of sexual crimes against children, by reviewing relevant laws and regulations such as Law Number 35 of 2014 concerning Child Protection and Law Number 17 of 2016 which regulates the increase in criminal sanctions for perpetrators. Through a normative legal approach, this article evaluates the extent to which these legal provisions are able to provide a deterrent effect, protect the rights of victims, and prevent the recurrence of similar crimes. The analysis found that although regulations have been strengthened, implementation in the field still faces challenges, such as difficult evidence processes and suboptimal victim protection. This article suggests the importance of synergy between law enforcers, child protection institutions, and the wider community in creating a comprehensive protection system for children from sexual crimes.
Criminal Sanctions for Perpetrators of Human Trafficking in Indonesia Samsidar, Samsidar
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/we309476

Abstract

Human trafficking is a serious crime that violates human rights and threatens the dignity of victims, especially in Indonesia, which is a source, transit, and destination country. This crime not only harms individual victims physically and psychologically, but also has a negative impact on national social and economic development. Indonesia has strictly regulated human trafficking in Law Number 21 of 2007 concerning the Eradication of the Crime of Human Trafficking (UU TPPO) along with the Criminal Code and other supporting regulations. This article aims to analyze the application of criminal sanctions against perpetrators of human trafficking in Indonesia and the challenges in enforcing them. The normative legal method is used to examine the relevant regulations and court decisions. The results of the study indicate that the criminal sanctions applied are quite severe normatively, but in practice there are still obstacles in the form of lack of coordination between institutions, minimal protection for victims, and suboptimal law enforcement. Recommendations are given so that strengthening the legal system and a multidisciplinary approach can improve the effectiveness of handling human trafficking in Indonesia.
Criminal Policy in Combating Street Crime in Indonesia Samsidar, Samsidar
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/amszrs52

Abstract

Street crime is one of the social problems that continues to be a concern in Indonesia because it has a direct impact on the security and comfort of the community. Criminal policies in overcoming street crime are an important instrument for law enforcement officers and policy makers to reduce the crime rate. This article aims to analyze the effectiveness of criminal policies implemented in overcoming street crime in Indonesia. A normative legal approach is used by analyzing related laws and regulations as well as legal literature and law enforcement reports. The focus of the study includes provisions in the Criminal Code (KUHP), Law Number 2 of 2002 concerning the Indonesian National Police, and Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. The results of the study indicate that although the policy has provided a strong legal basis, enforcement and coordination between institutions still need to be improved so that overcoming street crime can run effectively and sustainably. This study provides recommendations for strengthening policy synergy and community-based preventive approaches.
Corruption in Infrastructure Projects: Case Studies and Juridical Analysis Noviya, Anis; Samsidar, Samsidar; Romdoni, Muhamad
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/gzfyp749

Abstract

The infrastructure sector in Indonesia is one of the most vulnerable arenas to corruption because of its capital-intensive, complex, and multi-year characteristics. Projects such as the construction of toll roads, bridges, and other public facilities are often abused through budget mark-ups, fictitious procurement, and collusion in auctions. This study aims to analyze the application of Article 2 and Article 3 of Law Number 20 of 2001 in tackling corruption in infrastructure projects. Using a normative juridical approach and case studies, this study highlights that corruption in infrastructure projects is systemic, involves many actors, and is difficult to dismantle due to weaknesses in the procurement, oversight, and legal proofing systems. The results of the study show that the effectiveness of these articles is greatly influenced by the context of implementation in the field, including the understanding of law enforcement officials of the project corruption modus operandi. In addition, weak surveillance systems, low transparency, and technical and political obstacles exacerbate the situation. Therefore, legal reform is not enough if it is not accompanied by institutional reform and digitalization of accountable procurement. In conclusion, the eradication of infrastructure corruption must be carried out through a comprehensive, interdisciplinary, and adaptive legal approach to the complexity of project governance in the public sector.
The Phenomenon of Hate Speech and Disinformation on Social Media: A Criminal Law Approach in Tackling Digital Crime Ro'is, Nur; Ogotan, Arianti A; Novianty, Rica Regina
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/zvhmcy17

Abstract

The rapid development of information technology, especially social media, has changed the way people interact and access information. However, this openness creates a digital paradox in the form of the spread of hate speech and disinformation that is difficult to control, potentially triggering social conflicts and political polarization, especially in Indonesia. Social media algorithms that amplify provocative content create an echo chamber that magnifies the risk of radicalization and manipulation of SARA's identity. This phenomenon threatens the quality of democracy and social cohesion, requiring a firm but proportionate response to criminal law. Law Number 19 of 2016 concerning Information and Electronic Transactions (ITE Law) plays an important role in handling digital crime, but its implementation faces obstacles of multi-interpretation norms and limited capacity of the apparatus. Repressive law enforcement has the potential to curb freedom of expression and cause injustice. Therefore, legal reforms are needed that clarify the definition of hate speech and disinformation, improve the digital literacy of the apparatus, and have independent oversight mechanisms. A comprehensive approach that combines legal, technological, and social aspects can create a healthy, democratic, and inclusive digital space, while protecting society from the negative impacts of hate speech and disinformation.
The Urgency of Environmental Criminal Law Reform in Ensnaring Corporations: A Case Study of Tin Ecological Crimes by Harvey Moeis Judijanto, Loso; Nurbeti, Nurbeti; Annisa, Febrina; Gustaliza, Resma Bintani
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/aaf32b77

Abstract

This study examines the urgency of environmental criminal law reform in Indonesia in ensnaring corporations as the main perpetrators of ecological crimes, especially through a case study of tin mining involving Harvey Moeis. Although Law Number 32 of 2009 concerning Environmental Protection and Management (PPLH Law) regulates the criminalization of business entities, its implementation is still limited to an individualistic approach that is difficult to reach corporate accountability structurally. The inconsistency of the PPLH Law with Law Number 40 of 2007 concerning Limited Liability Companies (PT Law) weakens the effectiveness of law enforcement, because the provisions of social and environmental responsibility in the PT Law are administrative without adequate criminal threats. The dominant vicarious liability approach still fails to accommodate the principles of strict liability and corporate mens rea, so corporations often escape serious criminal sanctions. The research uses a normative qualitative approach with the analysis of primary and secondary legal materials to understand legal constraints and prepare reform recommendations. The results affirm the need for harmonization across laws, strengthening corporate collective accountability, and applying progressive principles in penalties. These reforms are essential to realize effective ecological justice and corporate accountability for environmental crimes in a systemic and sustainable manner.
Restorative Justice in Addressing Environmental Crimes: A Viable Alternative or a Legal Threat? Sumaryanto, A. Djoko
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: 10.62872/81zy5f06

Abstract

  The enforcement of criminal law against environmental crimes in Indonesia remains largely dominated by a retributive approach that emphasizes punitive sanctions, often neglecting ecological restoration and substantive justice. This article examines the relevance and implementation of restorative justice as an alternative approach to addressing environmental crimes. Using a normative-juridical method supplemented by semi-structured interviews, the study analyzes the legal foundations, opportunities, challenges, and implications of applying restorative justice within Indonesia's environmental legal framework. Findings indicate that while restorative justice offers potential as a more responsive mechanism to environmental harm and victims' rights, its implementation faces significant obstacles, such as regulatory ambiguity, risks of impunity for corporate offenders, and limited community and victim participation. Therefore, strengthening a more specific legal framework, building law enforcement capacity, and ensuring active public involvement are essential to effectively, transparently, and fairly applying restorative justice in resolving environmental crimes.  

Page 4 of 5 | Total Record : 45

 1   2   3   4   5 

Filter by Year

2024 2025


Reset
Filter By Issues
All Issue Vol. 2 No. 4 (2025): JOSI - SEPTEMBER Vol. 2 No. 2 (2025): JOSI - MAY Vol. 2 No. 1 (2025): JOSI - MARCH Vol. 1 No. 6 (2025): JOSI - JANUARY Vol. 1 No. 5 (2024): JOSI-NOVEMBER Vol. 1 No. 4 (2024): JOSI-SEPTEMBER Vol. 1 No. 3 (2024): JOSI-JULY Vol. 1 No. 2 (2024): JOSI-MAY Vol. 1 No. 1 (2024): JOSI-MARET