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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 128 Documents
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Hospitals' Legal Responsibilities for Patient Safety in Healthcare Services T. Riza Zarzani; Farhan , Farhan; Yusuf Sitinjak; Charly Situmorang
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.v2i3.161

Abstract

The changes in the national health legal landscape through the enactment of Law No. 17 of 2023 concerning Health have important implications for the construction of hospitals' legal responsibility for patient safety. Previously, Article 46 of the Hospital Law provided an explicit basis for hospital liability for losses resulting from the negligence of healthcare workers. Following the revocation of this provision, questions arose regarding the extent to which the principle of corporate responsibility for hospitals could be maintained and the extent to which legal protection for patients was still guaranteed. This study aims to normatively analyze the conception and regulation of hospitals' legal responsibility for patient safety within the framework of Law No. 17 of 2023, while also examining the problems and implications for patient protection. The method used is normative juridical with a statutory and conceptual approach to the legal relationship between hospitals, healthcare workers, and patients. The results of the study indicate that although explicit formulations such as Article 46 have been removed, the principle of hospital responsibility can still be supported by a combination of the right to health norm, the obligations of healthcare facilities, patient safety standards, and the doctrine of corporate responsibility. However, in practice, there are still gray areas in the integration of civil, criminal, and administrative liability, as well as in the relationship between regulations at the statutory level and implementing regulations. This study recommends the reconstruction of regulations that reaffirm the principle of hospital responsibility, strengthen patient safety systems and culture in hospitals, and develop dispute resolution mechanisms that are fast, transparent, and fair for patients, hospitals, and healthcare workers.
CHARACTERISTICS OF THE DECISION TO CANCEL THE DETERMINATION OF A CORRUPTION ERADICATION SUSPECT THROUGH PRE-TRIAL (A Study of the Political-Legal Relationship between the Corruption Eradication Commission and the Institution) Ronny Yoesfianda; Henry Aspan; T. Riza Zarzani
International Journal of Synergy in Law, Criminal, and Justice Vol. 2 No. 2 (2025): Vol. 2 No. 2 (2025): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v2i2.162

Abstract

Several suspect determinations by the Corruption Eradication Commission (KPK) were annulled by pretrial motions due to non-compliance with applicable legal provisions, such as insufficient preliminary evidence and procedures for determining suspects that were inconsistent with criminal procedural law. These decisions emphasize the importance of protecting human rights, the principle of collective collegiality in decision-making, and judicial oversight of law enforcement actions. The research uses normative legal methods, examining the provisions of Law Number 30 of 2002 concerning the Corruption Eradication Commission (KPK), Law Number 10 of 2015, Law Number 19 of 2019, and the Criminal Procedure Code (KUHAP). Pretrial motions are also examined to understand the application of the law in concrete cases involving the annulment of suspect determinations by the KPK. Regulatory changes through Law No. 30 of 2002, Law No. 10 of 2015, and Law No. 19 of 2019 demonstrate efforts to balance the independence of the Corruption Eradication Commission (KPK) with the need for oversight and accountability. While aimed at increasing the KPK's effectiveness and accountability, these changes present challenges such as the potential for politicization and intervention. Constitutional Court Decision No. 21/PUU-XII/2014 emphasized the importance of sufficient preliminary evidence in determining suspects, which has become the basis for many pretrial decisions that have overturned the KPK's suspect determinations. Furthermore, research evaluates how the principle of collective collegiality and a proper understanding of the object of investigation are crucial to ensuring the legitimacy of the KPK's legal actions.
The Relationship between Facts and Norms in Judicial Legal Reasoning: An Analysis of the Ratio Decidendi in Court Decisions Doni Sabdan Tanjung; Rahmayanti, Rahmayanti; Donly Calner Aruan; Faisal Lutfi
International Journal of Synergy in Law, Criminal, and Justice Vol. 3 No. 1 (2026): Vol. 3 No. 1 (2026): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v3i1.165

Abstract

Court decisions are the result of a judge's legal reasoning process that reconciles legal facts with legal norms through juridical argumentation. The essence of this process is reflected in the ratio decidendi, namely the legal reasoning that forms the basis for determining the verdict. This article aims to analyze how the relationship between facts and norms is constructed in the judge's legal reasoning through the construction of the ratio decidendi in court decisions. This study uses a normative legal research method with a conceptual approach and a case approach. The conceptual approach is used to examine the theory of legal reasoning, legal facts, legal norms, and the concept of ratio decidendi, while the case approach is used to examine the judge's legal considerations in court decisions. The results show that the relationship between facts and norms in court decisions is not mechanical, but rather is constructed through a process of fact selection, norm interpretation, and rational legal argumentation. The ratio decidendi serves as a meeting point between facts and norms and as an indicator of the quality of the judge's legal reasoning. The clear, coherent, and argumentative construction of the ratio decidendi reflects the responsible use of the judge's discretion and contributes to the realization of legal certainty and substantive justice in judicial practice.
The Existence of Customary Criminal Sanctions from the Perspective of Living Law and the Reform of the National Criminal Code Laia, Hepy Krisman
International Journal of Synergy in Law, Criminal, and Justice Vol. 3 No. 1 (2026): Vol. 3 No. 1 (2026): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v3i1.166

Abstract

This study examines the existence of customary criminal sanctions from a living law perspective and their relevance to the reform of the National Criminal Code. In Indonesia's pluralistic society, customary law is part of the living norms and is practically adhered to, including in the mechanism for imposing sanctions for violations. The existence of customary criminal sanctions not only has sociological legitimacy but also receives constitutional recognition as long as it does not conflict with the principles of the rule of law and human rights. The reform of the Criminal Code through Law Number 1 of 2023 opens up space for recognition of living law in society, thus demonstrating a paradigm shift from a positivistic approach to a more contextual and responsive approach to legal pluralism. This study uses normative legal methods with statutory and conceptual approaches, and is analyzed qualitatively through deductive reasoning. The results of the study indicate that the integration of customary criminal sanctions into the national criminal justice system must be designed proportionally, taking into account the principles of legality, legal certainty, and protection of human rights. An ideal normative design requires clear boundaries regarding the types of cases, a coordination mechanism between customary institutions and law enforcement officials, and a restorative justice approach as a bridge of harmonization. Thus, recognition of customary criminal sanctions is not only a form of respect for tradition, but also part of an effort to build national criminal law that is rooted in community values ​​and remains in line with constitutional principles.
Student Character Building Based on Honesty Values and Academic Ethics Through Anti-Corruption Education Zufarnesia, Zufarnesia; Bibella Rosyanti Kristiani Hutasoit
International Journal of Synergy in Law, Criminal, and Justice Vol. 3 No. 1 (2026): Vol. 3 No. 1 (2026): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v3i1.167

Abstract

Corruption within educational institutions, manifesting in forms such as plagiarism, proxy attendance, and the abuse of organizational power, poses a serious challenge to the role of students as a moral force. This research aims to analyze the contribution of anti-corruption education in shaping student character based on the principles of honesty and academic ethics. Utilizing a descriptive qualitative methodology and an empirical legal approach, this study examines the phenomena within the Accounting Study Program at Mandiri Bina Prestasi University for the 2024 and 2025 periods. Data were collected through closed-ended questionnaires from 50 respondents and analyzed using triangulation techniques to ensure the validity of the findings. The results indicate that anti-corruption education has a significant positive impact on internalizing the Corruption Eradication Commission's (KPK) nine integrity values, particularly through the alignment of materials with real campus issues, such as the rejection of academic fraud and the misuse of technology. However, its effectiveness still faces challenges, specifically the discrepancy between normative values and structural reality, referred to as the "institutional ethics gap." This study concludes that strengthening character with integrity requires a comprehensive integration of honesty values into the curriculum, alongside the support of exemplary role models from educators, to realize a corruption-free educational ecosystem
LEGAL ANALYSIS OF CONTRADICTIONS IN THE TESTIMONY OF THE WITNESS A DE CHARGE THAT INFLUENCE THE DEFENDANT: A CASE STUDY OF MA DECISION NUMBER 4050 K/PID.SUS/2024 Sofia Khairunnisa Damanik; Atikah Rahmi
International Journal of Synergy in Law, Criminal, and Justice Vol. 3 No. 1 (2026): Vol. 3 No. 1 (2026): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v3i1.169

Abstract

The defendant's right to present mitigating witnesses (witnesses a de charge) is an integral part of the principle of fair trial and the protection of human rights in criminal procedural law. Normatively, the Criminal Procedure Code (KUHAP) does not differentiate the evidentiary value of witnesses based on the party presenting them, but rather emphasizes the fulfillment of formal and material requirements for witness testimony as valid evidence. However, in criminal justice practice, the testimony of witnesses a de charge is not always mitigating and in certain conditions actually contains contradictions that strengthen the charges and incriminate the defendant. This study aims to analyze the legal position and legal implications of the contradictions in the testimony of witnesses a de charge that incriminate the defendant, with a case study of Supreme Court Decision Number 4050 K/Pid.Sus/2024. The research method used is normative legal research with a statutory, doctrinal, and court decision study approach. The results of the study indicate that the witness's status as a de charge does not determine the direction of the assessment of his testimony. Judges, based on the principle of freedom to negatively assess evidence in the statutory evidentiary system, have the authority to objectively assess the substance, consistency, and relevance of witness testimony. Supreme Court Decision Number 4050 K/Pid.Sus/2024 confirms that contradictory testimony from a de charge witness may still be used as part of the evidence against the defendant as long as it meets the requirements of valid evidence and is linked to other evidence. This finding demonstrates that the protection of the defendant's rights within a fair trial framework is not absolute but must be placed proportionally in the pursuit of material truth and the upholding of substantive justice.
IMPLEMENTATION OF THE PRINCIPLE OF BEST INTERESTS FOR CHILDREN IN THE JUVENILE CRIMINAL JUSTICE SYSTEM: A CRITICAL ANALYSIS OF THE KISARAN DISTRICT COURT DECISION NUMBER 21/PID.SUS-ANAK/2025/PN KIS Amalia Anjani; Atikah Rahmi
International Journal of Synergy in Law, Criminal, and Justice Vol. 3 No. 1 (2026): Vol. 3 No. 1 (2026): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v3i1.170

Abstract

The principle of the best interests of the child is a fundamental principle in the juvenile criminal justice system, as regulated in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. This study aims to analyze the application of these principles to the Kisaran District Court Decision Number 21/Pid.Sus-Anak/2025/PN KIS, which has sparked controversy in Batu Bara Regency. This case has garnered public attention because it involved a child as the perpetrator of a crime that resulted in the victim's death. The prosecutor's demand and the judge's decision both imposed a 7-year prison sentence. The victim's family considered the decision too lenient and did not reflect a sense of justice, while positive law in Indonesia stipulates that the potential criminal penalty for children is half the maximum penalty applicable to adults. This study employed normative legal research methods with statutory, case-based, and conceptual approaches. The results indicate that the judge's decision aligns with the national legal framework oriented toward child protection, but still leaves a tension between restorative justice for child perpetrators and the retributive justice expected by the victim's family. These findings emphasize the need for a balance between protecting children's rights and being sensitive to the community's sense of justice in handling juvenile criminal cases. Keywords: Best Interests of the Child, Juvenile Criminal Justice System, Kisaran District Court Decision
IMPLEMENTATION OF RESTORATIVE JUSTICE TOWARDS CRIMINAL ACTS OF ASSAULT AT THE PEMATANGSIANTAR DISTRICT PROSECUTOR'S OFFICE Wira Afrianda Damanik; Rachmad Abduh
International Journal of Synergy in Law, Criminal, and Justice Vol. 3 No. 1 (2026): Vol. 3 No. 1 (2026): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v3i1.171

Abstract

Restorative justice is a new approach in Indonesia that closely aligns with the principle of deliberation, the soul of the Indonesian nation. Restorative justice offers the best solution for resolving private crimes between individuals or legal entities, prioritizing the core of the crime. Abuse is an unlawful act, any act or action committed by a person that results in harm to the individual. Ordinary abuse is a legal act that stems from intent. This intent means that the consequences of an act are intended, and this is evident when the consequences are truly intended to cause pain, injury, or death. However, not all acts of hitting or other acts that cause pain are considered abuse

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