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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. 2 No. 2 (2025): JOSI - MAY" : 5 Documents clear
When the Law Is No Longer Sharp Upwards: A Critical Study of Elite Impunity in Corruption Crimes Nurul Fadhilah; Samsidar Samsidar; Zonita Zirhani Rumalean
Journal of Strafvordering Indonesian Vol. 2 No. 2 (2025): JOSI - MAY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/pw8kan34

Abstract

The phenomenon of elite impunity in corruption cases in Indonesia shows that there is a sharp gap between ideal legal norms and the reality of law enforcement practices that are full of power intervention. Although legal instruments such as the Corruption Law and the 2023 Criminal Code have normatively regulated sanctions against corruption, their implementation often favors the interests of political and economic elites. The judicial process is often characterized by weak independence of legal institutions, judicial mafia practices, and multiple interpretations of legal articles that open up space for abuse of authority. This inequality not only violates the principle of equality before the law, but also results in the erosion of the legitimacy of legal institutions and a decline in public trust in the democratic system. This study uses a normative juridical approach with critical legal theory analysis to dismantle power relations in the Indonesian legal system. The results emphasized the need for structural reform through strengthening the independence of law enforcement agencies, progressive regulatory revisions, and the formation of a critical legal culture with integrity. Without comprehensive reform, the law will only be a tool for the perpetuation of power, not an instrument of justice. This study recommends a transformation of the legal paradigm in order to ensure substantive justice and prevent the systemic practice of impunity of the elite.
Corruption in Infrastructure Projects: Case Studies and Juridical Analysis Anis Noviya; Samsidar Samsidar; Muhamad Romdoni
Journal of Strafvordering Indonesian Vol. 2 No. 2 (2025): JOSI - MAY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/gzfyp749

Abstract

The infrastructure sector in Indonesia is one of the most vulnerable arenas to corruption because of its capital-intensive, complex, and multi-year characteristics. Projects such as the construction of toll roads, bridges, and other public facilities are often abused through budget mark-ups, fictitious procurement, and collusion in auctions. This study aims to analyze the application of Article 2 and Article 3 of Law Number 20 of 2001 in tackling corruption in infrastructure projects. Using a normative juridical approach and case studies, this study highlights that corruption in infrastructure projects is systemic, involves many actors, and is difficult to dismantle due to weaknesses in the procurement, oversight, and legal proofing systems. The results of the study show that the effectiveness of these articles is greatly influenced by the context of implementation in the field, including the understanding of law enforcement officials of the project corruption modus operandi. In addition, weak surveillance systems, low transparency, and technical and political obstacles exacerbate the situation. Therefore, legal reform is not enough if it is not accompanied by institutional reform and digitalization of accountable procurement. In conclusion, the eradication of infrastructure corruption must be carried out through a comprehensive, interdisciplinary, and adaptive legal approach to the complexity of project governance in the public sector.
The Phenomenon of Hate Speech and Disinformation on Social Media: A Criminal Law Approach in Tackling Digital Crime Nur Ro'is; Arianti A Ogotan; Rica Regina Novianty
Journal of Strafvordering Indonesian Vol. 2 No. 2 (2025): JOSI - MAY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/zvhmcy17

Abstract

The rapid development of information technology, especially social media, has changed the way people interact and access information. However, this openness creates a digital paradox in the form of the spread of hate speech and disinformation that is difficult to control, potentially triggering social conflicts and political polarization, especially in Indonesia. Social media algorithms that amplify provocative content create an echo chamber that magnifies the risk of radicalization and manipulation of SARA's identity. This phenomenon threatens the quality of democracy and social cohesion, requiring a firm but proportionate response to criminal law. Law Number 19 of 2016 concerning Information and Electronic Transactions (ITE Law) plays an important role in handling digital crime, but its implementation faces obstacles of multi-interpretation norms and limited capacity of the apparatus. Repressive law enforcement has the potential to curb freedom of expression and cause injustice. Therefore, legal reforms are needed that clarify the definition of hate speech and disinformation, improve the digital literacy of the apparatus, and have independent oversight mechanisms. A comprehensive approach that combines legal, technological, and social aspects can create a healthy, democratic, and inclusive digital space, while protecting society from the negative impacts of hate speech and disinformation.
The Urgency of Environmental Criminal Law Reform in Ensnaring Corporations: A Case Study of Tin Ecological Crimes by Harvey Moeis Loso Judijanto; Nurbeti Nurbeti; Febrina Annisa; Resma Bintani Gustaliza
Journal of Strafvordering Indonesian Vol. 2 No. 2 (2025): JOSI - MAY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/aaf32b77

Abstract

This study examines the urgency of environmental criminal law reform in Indonesia in ensnaring corporations as the main perpetrators of ecological crimes, especially through a case study of tin mining involving Harvey Moeis. Although Law Number 32 of 2009 concerning Environmental Protection and Management (PPLH Law) regulates the criminalization of business entities, its implementation is still limited to an individualistic approach that is difficult to reach corporate accountability structurally. The inconsistency of the PPLH Law with Law Number 40 of 2007 concerning Limited Liability Companies (PT Law) weakens the effectiveness of law enforcement, because the provisions of social and environmental responsibility in the PT Law are administrative without adequate criminal threats. The dominant vicarious liability approach still fails to accommodate the principles of strict liability and corporate mens rea, so corporations often escape serious criminal sanctions. The research uses a normative qualitative approach with the analysis of primary and secondary legal materials to understand legal constraints and prepare reform recommendations. The results affirm the need for harmonization across laws, strengthening corporate collective accountability, and applying progressive principles in penalties. These reforms are essential to realize effective ecological justice and corporate accountability for environmental crimes in a systemic and sustainable manner.
Restorative Justice in Addressing Environmental Crimes: A Viable Alternative or a Legal Threat? A. Djoko Sumaryanto
Journal of Strafvordering Indonesian Vol. 2 No. 2 (2025): JOSI - MAY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/81zy5f06

Abstract

  The enforcement of criminal law against environmental crimes in Indonesia remains largely dominated by a retributive approach that emphasizes punitive sanctions, often neglecting ecological restoration and substantive justice. This article examines the relevance and implementation of restorative justice as an alternative approach to addressing environmental crimes. Using a normative-juridical method supplemented by semi-structured interviews, the study analyzes the legal foundations, opportunities, challenges, and implications of applying restorative justice within Indonesia's environmental legal framework. Findings indicate that while restorative justice offers potential as a more responsive mechanism to environmental harm and victims' rights, its implementation faces significant obstacles, such as regulatory ambiguity, risks of impunity for corporate offenders, and limited community and victim participation. Therefore, strengthening a more specific legal framework, building law enforcement capacity, and ensuring active public involvement are essential to effectively, transparently, and fairly applying restorative justice in resolving environmental crimes.  

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