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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. 5 (2024): JOSI-NOVEMBER" : 5 Documents clear
Comparative Analysis of the Crime of Adultery Based on the Old Criminal Code and the New Criminal Code to Realize Justice Ahmad Bagas Dwi Darsono; Deny Guntara; Muhamad Abas
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/exdzq989

Abstract

Law number 1 of 2023 was prepared as an update of the old product, namely the Netherlands Heritage Fund. Various new paradigms of legal protection are part of the preparation of the draft of Law number 1 of 2023. However, at the same time, the protection of commercial sex workers (PSK) is still limited to efforts to provide a deterrent effect on those who allow prostitution to occur. In fact, the solution to the problem of prostitution should be solved systematically with lex specialis who raises issues involving prostitution. Meanwhile, the weakness of Law number 1 of 2023 is that it has not solved the core problem of brutal and inhumane social justice in prostitution. However, Law number 1 of 2023 has at least stopped the criminalization of prostitution. This research is prepared by normative juridical methods and reviews the law in depth based on the editorial and context of legal products of Law number 1 of 2023 on the basis of research to find.
Criminal Law Implication on the Spread of Hoax News on Social Media in the Perspective of ITE Law Arianus Harefa; Fariaman Laia
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: 10.62872/10z57x15

Abstract

The phenomenon of hoaxes on social media in Indonesia is a major challenge in the digitalization era, with false information often targeting sensitive issues and potentially triggering public unrest. The increase in internet users accelerates and expands the reach of hoaxes, especially on politics, health, and racial issues, which can lead to social instability. To combat this, the Electronic Information and Transaction Law (ITE Law) provides the legal basis for taking action against perpetrators of hoaxes, particularly through Article 28 Paragraph (1), which prohibits the dissemination of false information that is disturbing. However, the effectiveness of the ITE Law is still hampered by the unclear definition of hoaxes, technical challenges in tracking down perpetrators who often use fake identities, and limited capacity of law enforcement. On the other hand, people's low digital literacy increases the risk of inadvertently spreading hoaxes. Therefore, a normative juridical approach is used in this study to analyze the ITE Law regulation and its challenges, as well as to identify the need for integration between law enforcement and improving digital literacy as a strategic step in reducing the spread of hoaxes and maintaining social stability
Criminalization of Perpetrators of Terrorism: A Criminal Law and National Security Approach Jesslyn Elisandra Harefa; Yasmirah Mandasari Saragih; Fauzan Fauzan; Bonari Tua Silalahi; Ireny Natalia Putri Sihite
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: 10.62872/22m8jx80

Abstract

The crime of terrorism is a serious threat that can undermine the political, social, and economic stability of a country, especially in Indonesia. Its handling involves various approaches, including criminal law and national security policy. Law No. 5/2018 is the main legal basis in eradicating terrorism, providing broad authority for law enforcement officials in taking action against perpetrators. This research aims to evaluate the application of criminal law and national security approach in combating terrorism in Indonesia. A juridical-normative approach is used in analyzing data obtained through interviews with law enforcement officers, BNPT officials, and legal experts, as well as the study of related literature. The results show that although law enforcement against terrorism perpetrators in Indonesia has been implemented with severe criminal sanctions, the main challenge lies in the rehabilitation and deradicalization of perpetrators. Non-optimal deradicalization program has the potential to fail in reducing potential long-term threats. In addition, monitoring the funding of terrorism and the use of digital technology are important elements in prevention. Therefore, law enforcement must be carried out with due regard to human rights principles, involving collaboration between various institutions as well as educational and religious-based approaches. Success in combating terrorism requires a comprehensive strategy and good coordination between the government, society, and international institutions..
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.

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