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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. 4 (2024): JOSI-SEPTEMBER" : 5 Documents clear
The Impact of Error in Persona : Lilability of Police Investigators in Wrongful Arrest Cases Adi Gunawan; Parningotan Malau; Wildani Khotami; Harly Clifford Jonas Salmon
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/k004ez67

Abstract

Wrongful arrest in Indonesia is a serious problem in law enforcement that often results in physical suffering, psychological, and social losses for victims. One form of error that often occurs is “error in persona,” which is a misidentification that results in the arrest of an innocent person. This research uses normative juridical method with literature study and qualitative analysis to analyze the responsibility of investigators in cases of wrongful arrest. The purpose of this study is to understand the factors that cause errors in persona and their impact on victims and the legal system. The results show that misidentification often occurs due to inaccuracies in evidence collection, pressure to quickly resolve cases, and the use of inadequate investigative methods. In addition, the importance of fulfilling the legal procedures stipulated in the Criminal Procedure Code (KUHAP) is crucial to prevent these errors. Reforms in the investigation process, increased capacity of investigators, and the use of modern technology are necessary to minimize the risk of errors and ensure justice and the protection of human rights.
The Effectiveness of Restorative Legal Approach in Handling Organized Crime in Indonesia Anis Noviya
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
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.
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.

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