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Angga A.G
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INDONESIA
Journal of Strafvordering Indonesian
Published by PT Anagata Sembagi Education
ISSN : -     EISSN : 30468620     DOI : https://doi.org/10.62872/2389ay17
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
The journal publishes original articles on current issues and international trends in the field of criminal law. The purpose of the publication of this Journal is to provide a space to publish critical thinking on original research results, as well as conceptual ideas from academics, researchers, and practitioners that have never been published in other media.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
 1 
Search results for , issue "Vol. 1 No. 3 (2024): JOSI-JULY" : 5 Documents clear
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.
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.
The Impact of Error in Persona: Liability of Police Investigators in Cases of Wrongful Arrests Amalia Tasya
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.

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