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INDONESIA
International Journal Of Synergi In Law, Criminal And Justice
Published by PT. Sinergi Legal Publisher
ISSN : -     EISSN : 30484022     DOI : https://doi.org/10.70321/ijslcj
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice
International Journal of Synergy in Law, Criminal, and Justice (IJSLCJ): is an academic journal that explores various branches of legal studies including criminal law, civil law, constitutional law, administrative law, commercial law, tax law, labor law, and other related disciplines and derivatives. The journal aims to build synergy among different legal disciplines, reveal the complexity of their interactions, and promote a deeper understanding of the legal system and justice. With an integrative and innovative approach, IJSLCJ appeals to legal practitioners, academics, and researchers focused on comprehensive analysis concerning legal reform, justice policy, and comparative studies within the context of law and justice globally.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 122 Documents
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The Impact of Customary Law Implementation in Crime Resolution after the Reform of National Criminal Law in Indonesia Hasman Hidayah; T. Riza Zarzani; Fitri Rafianti
International Journal of Synergy in Law, Criminal, and Justice Vol. 2 No. 3 (2025): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v2i3.148

Abstract

This study examines the impact of the application of customary law in resolving crimes in Aceh Province following the enactment of the National Criminal Code (KUHP) Number 1 of 2023. As the only region with special autonomy in the legal sector, Aceh has a dual legal system that integrates national law, Islamic law, and customary law through Qanun. This study examines how the recognition of customary law in the new KUHP strengthens the legitimacy of resolving minor criminal cases in Aceh, which have previously been resolved through customary village deliberation mechanisms. Through a normative and sociological approach, this study found that the provisions in Article 2 paragraph (1) and Article 97 of the 2023 Criminal Code explicitly recognize existing laws within society as sources of criminal law, including customary laws codified through regional regulations such as the Aceh Qanun. Empirical findings indicate that more than 60% of minor criminal cases in several districts in Aceh have been resolved through customary institutions, with a high level of community acceptance and satisfaction. This emphasizes the role of customary law as an effective and contextual means of restorative justice. However, implementation challenges such as disharmony between the Criminal Code and Qanun (Indonesian Law), suboptimal understanding among law enforcement officials, and limited customary documentation are significant concerns. Therefore, steps are needed to synchronize regulations, increase the capacity of customary institutions, and foster cross-sectoral development so that customary law can function optimally within a pluralistic national criminal justice system.
Law Enforcement Against the Criminal Act of Online Gambling in the Jurisdiction of Central Aceh Indah Permata Sari; Fitri Rafianti; T. Riza Zarzani
International Journal of Synergy in Law, Criminal, and Justice Vol. 2 No. 3 (2025): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v2i3.149

Abstract

The phenomenon of online gambling has become a form of cybercrime that is increasingly prevalent in various regions, including in special autonomous regions such as Central Aceh. This article critically examines law enforcement against online gambling crimes using normative and juridical-empirical approaches, particularly in the context of the application of national law and Aceh Qanun Number 6 of 2014 concerning Jinayat Law. The study results indicate that law enforcement still faces various substantial and structural obstacles, such as regulatory disharmony between national criminal law and Jinayat law, limited technical capacity of law enforcement officers in handling digital crimes, and low public legal awareness of the prohibition of gambling crimes. Although Aceh has local legal instruments based on Islamic law, their implementation has not been fully effective in addressing the dynamics of technology-based crime. The author recommends the need for harmonization of legal norms, strengthening digital forensic institutions, and an educational approach based on local values ​​to realize an adaptive and equitable law enforcement system in the Aceh region.
Analysis of Criminal Investigation of Sexual Abuse Against Mentally Disabled Children at the Aceh Tengah Police Department Khairul Huda Rizka; Fitri Rafianti; Mhd. Azhali Siregar
International Journal of Synergy in Law, Criminal, and Justice Vol. 2 No. 3 (2025): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v2i3.150

Abstract

This study aims to analyze the investigation process of child molestation crimes against children with mental retardation at the Central Aceh Police, as well as to identify inhibiting factors and efforts to overcome obstacles in its implementation. This study uses an empirical juridical approach with a focus on the effectiveness of the implementation of laws and regulations, such as Law Number 8 of 1981 concerning Criminal Procedure, Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, Law Number 35 of 2014 concerning Child Protection, and Law Number 8 of 2016 concerning Persons with Disabilities. The results of the study indicate that investigations of child victims with intellectual disabilities still face various structural, technical, and cultural obstacles, including limited technical regulations, a lack of investigator competence in an inclusive approach, and the absence of supporting facilities. This leads to a distortion of justice that deviates from the principle of due process of law and the substance of juvenile justice. Within the framework of responsive legal theory and corrective justice, it is concluded that reform of investigative procedures for children with special needs is a legal and ethical necessity. Investigations must be based not only on the objective of formal evidence, but also on the imperative of protecting and respecting human dignity. Therefore, the state is required to be a real, impartial protector, not merely an enforcer of procedures.
CRIMINAL LAW ENFORCEMENT FOR NON-MUSLIMS IN ACEH Nurochman Nulhakim; T Riza Zarzani N
International Journal of Synergy in Law, Criminal, and Justice Vol. 2 No. 3 (2025): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v2i3.151

Abstract

This study examines the legal and sociological implications of the implementation of the Qanun on Jinayat Law against non-Muslims in Aceh within the framework of the national legal system and efforts to realize substantive justice. The application of the qanun to non-Muslims is legally legitimized through Law Number 11 of 2006 concerning the Governance of Aceh, specifically Article 129, which provides a legal basis for voluntary and automatic submission. However, the mechanism of submission in practice often raises serious problems, because choices that are normatively called voluntary are in reality often merely formalities due to social pressures or pragmatic considerations. This phenomenon creates a dilemma between formal legal certainty and the protection of the basic rights of non-Muslims guaranteed by the constitution. Sociologically, non-Muslims in Aceh are more likely to submit to the Qanun Jinayat (Islamic Law) than to the Criminal Code (KUHP), as caning is seen as a lighter, quicker punishment, and carries less long-term stigma than imprisonment. However, this choice is not a form of substantive acceptance, but rather a coping strategy reflecting social pressure and potential discrimination. This raises critical questions about the extent to which regional laws can harmonize with the constitutional principles of equality before the law and non-discrimination. The research findings indicate that the application of the Qanun Jinayat to non-Muslims is legally valid, but constitutionally and sociologically problematic. To realize substantive justice in Indonesia's rule of law, a clear and transparent reformulation of the submission mechanism is required, along with strict oversight by the central government to prevent Aceh's special autonomy from giving rise to discriminatory practices. Thus, legal pluralism in Indonesia can operate in harmony with the principles of a democratic rule of law that guarantees the protection of the rights of all citizens without exception.
Cybercrime and Its Countermeasures in the Indonesian Legal System Zakiul Fuad; Mhd. Azhali Siregar
International Journal of Synergy in Law, Criminal, and Justice Vol. 2 No. 3 (2025): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v2i3.152

Abstract

The rapid development of information technology has provided many conveniences in people's lives, but has also opened up opportunities for cybercrime, one of which is phishing. Phishing is a form of digital fraud by impersonating a trusted party to obtain sensitive information such as personal data and financial credentials. In Indonesia, the rise in phishing cases poses a serious threat to national digital security, especially with the low level of digital literacy in the community. This study aims to evaluate the effectiveness of the Electronic Information and Transactions Law (UU ITE) in dealing with phishing crimes and identify the main obstacles in its enforcement. The method used is normative legal research with a statutory and conceptual approach. The results of the study indicate that normatively, the ITE Law contains several relevant articles to ensnare phishing perpetrators, such as Article 28 paragraph (1), Article 30, and Article 35. However, its effectiveness in practice is still limited due to the lack of an explicit definition of phishing, the difficulty of digital evidence, the weak capacity of law enforcement officers, and the lack of integration of handling mechanisms between agencies. Furthermore, the cross-border nature of phishing adds jurisdictional complexity and demands more intensive international cooperation. Therefore, legal reform is needed through the formulation of specific articles on phishing, strengthening the technical capacity of law enforcement agencies, and developing implementing regulations that support a swift and adaptive legal response to the dynamics of digital crime
The Imposition of Criminal Sanctions on Perpetrators of Pedophilia in the Indonesian Legal System Tarmina , Tarmina; Fitri Rafianti; Mhd. Azhali Siregar
International Journal of Synergy in Law, Criminal, and Justice Vol. 2 No. 3 (2025): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v2i3.154

Abstract

This study examines the effectiveness of legal regulations in Indonesia in imposing criminal sanctions on perpetrators of pedophilia and formulates recommendations for legal reform to strengthen child protection in the future. The study uses a normative juridical approach that focuses on the study of written legal norms, particularly provisions in the Criminal Code (KUHP), Law Number 23 of 2002 concerning Child Protection as amended by Law Number 35 of 2014, and Law Number 17 of 2016 which introduced additional penalties in the form of chemical castration. The results of the study indicate that normatively the existing regulations are quite progressive, as seen from the increase in the minimum criminal penalty of five years and a maximum of fifteen years, increased sentences for perpetrators who have a special relationship with children, the introduction of restitution for victims, and additional special penalties. However, the effectiveness of these regulations still faces several obstacles, including a weak understanding of the characteristics of pedophilia among law enforcement officials, disparities in sentencing, limited restitution mechanisms, and minimal psychological protection for child victims in the judicial process. This study recommends several legal reform measures, including codifying specific laws regarding child protection, strengthening the explicit definition of pedophilia in the law, classifying criminal offenses based on severity, automated mechanisms for granting restitution, utilizing technology to protect victims in court, and strengthening rehabilitation programs for perpetrators with mental disorders. Furthermore, harmonizing national regulations with international instruments such as the Convention on the Rights of the Child is also crucial to ensure child protection standards align with global commitments. By implementing these reforms, it is hoped that the Indonesian legal system will not only serve to punish perpetrators but will also be able to deliver substantive justice by guaranteeing the recovery, protection, and best interests of children as victims of pedophilia
Legal Review Of The Leakage Due To Misrepresentation Of Local Original Revenue Funds In Tebing Tinggi City In 2025 Saptha Nugraha Isa; Muhammad Arif Sahlepi; Suci Ramadani
International Journal of Synergy in Law, Criminal, and Justice Vol. 2 No. 3 (2025): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v2i3.155

Abstract

Tebing Tinggi City Regional Regulation Number 1 of 2024 serves as the basis for collecting Regional Taxes and Regional Levies, including in the entertainment sector. However, the implementation of night market entertainment at Sri Mersing Field showed a significant leakage of Regional Original Revenue (PAD). An investigation by the Anti-Corruption Community Communication (KOMAKI) revealed potential regional losses reaching more than IDR 439 million from the activities that took place from April 22 to June 5, 2025. This loss came from various levies such as food, beverages, parking, entertainment, advertising, and cleaning that were not paid legally, even though they were included as tax objects according to Article 23 and Article 27 of Regional Regulation No. 1 of 2024 concerning Regional Taxes and Regional Levies. Strong suspicions point to systematic tax evasion by legal entity night market organizers (corporations). This violation is not only administrative in nature, but has the potential to become a criminal offense based on Article 102 of Regional Regulation No. 1 of 2024 in conjunction with Article 181 of Law No. 1 of 2022, and can even be qualified as a criminal act of corruption by corporations according to Law No. 31 of 1999 in conjunction with Law No. 20 of 2001. Therefore, the importance of law enforcement for economic crimes that reaches structural aspects, including apparatus accountability and public oversight, is key to preventing systemic neglect in regional governance. This article aims to evaluate the form of violation of the Law on Misappropriation of Regional Original Revenue Funds. Normative legal research with field data shows an element of intent in tax evasion. Therefore, firm legal steps are needed to prevent repeated losses and strengthen the regional government oversight system. This approach is in line with the ideal of Law (Dassolen) to bridge intentionality with empirical reality (Dassein).
The Plurality of Fatwa Authority and Its Impact on the Halal Ecosystem in Indonesia Farid Wajdi
International Journal of Synergy in Law, Criminal, and Justice Vol. 2 No. 3 (2025): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This article examines the plurality of fatwa authorities in determining product halalness in Indonesia and its implications for the Halal Product Assurance (JPH) ecosystem. Using a comparative juridical-empirical approach, the study identifies the sources of plurality (interactions between the Indonesian Ulema Council (MUI), the Halal Product Fatwa Committee (BPJPH), and implementing regulations), analyzes its impact on legal certainty and consumer protection, and compares institutional alternatives from Malaysia (the centralized model/JAKIM) and international standard practice (SMIIC). Findings indicate that plurality without a harmonization mechanism creates informational confusion, risks fragmentation of technical standards, and potential erosion of the legitimacy of halal certification; therefore, a formal coordination protocol, an integrated fatwa registry, a fatwa dispute resolution mechanism, and strengthening of technical accreditation are needed.
OBLIGATION TO LABEL NON-HALAL PRODUCTS IN HALAL PRODUCT ASSURANCE SYSTEM IN INDONESIA Farid Wajdi
International Journal of Synergy in Law, Criminal, and Justice Vol. 1 No. 2 (2024): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The mandatory labeling of non-halal products is a crucial element of the Halal Product Assurance system in Indonesia as stipulated in Law Number 33 of 2014. This study highlights normative, technical, and consumer protection aspects, including the inclusion of the “non-halal” statement on packaging, material color indicators, and the basis of sharia legitimacy through Islamic jurisprudence (fiqh) principles. Using a qualitative approach, using analysis of legal documents, academic literature, and comparative studies with countries such as Malaysia and Turkey, this study found that non-halal labeling increases legal certainty, transparency, and consumer trust while reducing the risk of misleading claims. This study recommends strengthening fatwa registration, harmonizing procedures, and improving LPH accreditation to strengthen the credibility and efficiency of the JPH system in Indonesia
Legal Aspects of Memorandum of Understanding from the Legal Perspective of Contract Law in the Civil Code J.E. Melky Purba
International Journal of Synergy in Law, Criminal, and Justice Vol. 2 No. 3 (2025): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v2i3.160

Abstract

Memorandum of understanding(MoU) or memorandum of understanding is an instrument frequently used in business relations and institutional cooperation in Indonesia, both by private and public legal entities. However, until now the Civil Code has not explicitly regulated the term MoU, thus giving rise to debate regarding its status and binding force from the perspective of contract law. On the one hand, MoUs are often positioned merely as moral bonds or gentlemen's agreements that do not give rise to legal consequences of contract. On the other hand, the view is growing that MoUs that have fulfilled the essential elements of an agreement can actually be treated as binding agreements as agreements under the Civil Code. This study aims to analyze the legal aspects of the MoU from the perspective of the law of obligations in the Civil Code, specifically in relation to Article 1313, Article 1320, and Article 1338 of the Civil Code, and examine whether the MoU can be qualified as an agreement or only a preliminary agreement. The method used is normative juridical with a statutory and conceptual approach through a literature study of classical and contemporary literature on the law of obligations and the MoU. The results of the study indicate that the position of the MoU is largely determined by the content and intentions of the parties. If the MoU only contains the main points of global cooperation, without any concrete obligations, the MoU tends to be understood as a morally binding pre-contract. However, if the MoU contains essential clauses of the agreement and meets the requirements for a valid agreement, then the MoU can be qualified as an agreement that gives rise to an obligation and is therefore subject to the regime of default and civil liability. Thus, the certainty of the position of the MoU requires careful formulation of the content, as well as the affirmation of the parties' objectives from the beginning of its preparation.

Page 12 of 13 | Total Record : 122

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