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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. 3 (2025): JOSI - JULY" : 5 Documents clear
The Authority of PPAT in Making APHT at PT. Bank Negara Indonesia Wulan Pratiwi Yulia Djari; Salesius Jemaru; Baharudin Saleh Ingratubun
Journal of Strafvordering Indonesian Vol. 2 No. 3 (2025): JOSI - JULY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/g21q9s09

Abstract

The Deed of Granting Dependent Rights (APHT) is a legal instrument that has a strategic role in ensuring certainty and legal protection for loans provided by banks. In practice, the making of APHT can only be done by the formally and territorially authorized Land Deed Making Officer (PPAT). This study aims to analyze the authority of PPAT in the manufacture of APHT at PT. Bank Negara Indonesia (Persero) Tbk, as well as identifying the implementation and legal obstacles that occur in practice.  The research method used is an empirical juridical approach, with primary data collection through interviews with PPAT and credit officials at BNI Biak Branch Offices, as well as secondary data from laws and regulations and legal literature. The results of the study show that PPAT has exclusive authority in making APHT in accordance with Law Number 4 of 1996 concerning Dependent Rights. However, in the practice of cooperation with the bank, there are a number of challenges such as delays in submitting documents, lack of understanding of the debtor on legal procedures, and administrative obstacles in the process of registering dependent rights with the Land Office.
Legal Feminization: Dissecting Gender Inequality in Judges' Decisions in Sexual Violence Cases Henny Saida Flora; Henry Aspan
Journal of Strafvordering Indonesian Vol. 2 No. 3 (2025): JOSI - JULY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/y6p4jb16

Abstract

This study examines the implementation of Law Number 12 of 2022 concerning the Crime of Sexual Violence (TPKS Law) in criminal justice practice with a focus on gender inequality in legal reasoning and judges' juridical arguments. The TPKS Law exists as a progressive legal instrument that emphasizes a victim-based approach and the principle of non-discrimination, as well as accommodates previously unrecognized forms of non-physical sexual violence. However, the effectiveness of these norms is still constrained by judicial practices that are often based on conventional legal paradigms and patriarchal biases. The normative juridical approach is used to analyze positive legal norms, court decisions, and feminist legal concepts, in order to assess the extent to which the principles of the TPKS Law are internalized by judges. The results of the study show that many decisions still question the credibility of victims and ignore the psychosocial dimension of sexual violence, thus perpetuating the practice of victimization. The low sensitivity of gender in legal considerations shows the need for legal feminization as an effort for epistemological and structural transformation in the judicial system. These findings underscore the importance of gender-sensitive judicial training and criminal procedure law reform so that the law can function as a means of substantive justice. This study recommends the integration of legal feminist values as a normative and interpretive framework in sexual violence cases.
Void in Law: Criminal Regulation Vacuum on the Detrimental Impact of AI Artificial Intelligence Hendri Khuan
Journal of Strafvordering Indonesian Vol. 2 No. 3 (2025): JOSI - JULY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/3rwbxk65

Abstract

Advances in artificial intelligence (AI) technology have brought new challenges in the realm of criminal law, especially related to accountability for autonomous actions that cause legal losses. Indonesia's criminal law system, which is still based on an anthropo-centric paradigm with the conditions of actus reus and mens rea, has not been able to accommodate non-human digital entities such as AI. The absence of explicit criminal norms against AI's detrimental behavior leads to a legal void, where real harm cannot be effectively acted upon. Law Number 11 of 2008 concerning Information and Electronic Transactions (ITE Law) has not specifically regulated the attribution of errors to AI, developers, and system operators. This study uses normative juridical methods with conceptual and comparative legal approaches to analyze the need for the formation of a new criminal framework for AI. The results of the study show the urgency of reformulating criminal regulations that are risk-based and adaptive to technological developments, as reflected in the EU Artificial Intelligence Act model. It is also necessary to strengthen the concept of indirect criminal liability and the possibility of recognition of electronic legal entities. Without regulatory innovation, Indonesia's criminal justice system risks failing to protect the digital society fairly and effectively. This study recommends the establishment of specific norms that are responsive to the risks of AI technology
Preventive Criminal Regulation on the Risk of Crime by Artificial Intelligence in Indonesia Hendri Khuan
Journal of Strafvordering Indonesian Vol. 2 No. 3 (2025): JOSI - JULY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/wdgr2m54

Abstract

The rapid development of Artificial Intelligence (AI) technology has presented new legal challenges, especially in the realm of criminal law in Indonesia. AI systems that are capable of acting autonomously create the potential for digital crime that cannot be reached by conventional criminal law structures that are oriented towards human offenders. The Criminal Code and Law No. 19 of 2016 concerning Information and Electronic Transactions are still human-centric and have not anticipated crimes mediated by non-human entities. This study uses normative juridical methods to evaluate the normative gaps in criminal regulation against AI-based crimes and offers a risk-based preventive criminal regulation model. This approach emphasizes the importance of a legal system that is adaptive to the design and implementation of AI from the early stages, by adopting the principles of risk-based regulation and precautionary principles. The regulations formulated must not only ensure legal accountability for potential violations, but also uphold ethical and human rights values. The recommendations include the need to redefine legal subjects, strengthen institutional capacity, and establish new laws on AI. Thus, risk-based criminal law reform is a juridical urgency in building a national legal system that is responsive to the threat of autonomous technology in the digital era.
Application Of Cultural Deviance Criminology Theory to Develop Human Resources to Achieve Sustainable Development Goals (SDGS) in Karangtanjung Village, Karawang Regency Zarisnov Arafat; Sartika Dewi; I Ketut Margayasa; Dani Durahman
Journal of Strafvordering Indonesian Vol. 2 No. 3 (2025): JOSI - JULY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/j0cqqq89

Abstract

Karangtanjung Village is a village with an area of 380 Ha/m² in the Lemahabang District, Karawang Regency, with the main livelihood being agriculture.. The problem of difficulty in finding work due to the shift in the paradigm of society from agrarian to industrial areas creates inequality, thus potentially causing poverty which leads to crime problems so that it is necessary to conduct research on this phenomenon which is a concern of the Sustainable Development Goals program. Based on this, the identification of the problems raised in this study is what are the factors causing the many crimes that occur in Karawang Regency in relation to the theory of Cultural Deviance? and how are crime prevention efforts to build human resources to realize the Sustainable Development Goals program in Karangtanjung Village? This study uses a qualitative method with an empirical juridical approach. The conclusion of the researcher is that the factors causing the many crimes that occur in Karawang Regency are related to the Cultural Deviance theory, due to the increasing number of residents who do not have prospects (hopes) due to the poor social integration process which gives rise to social inequalities (potential economic sources that are still controlled by a handful of parties) and efforts that can be made to build human resources in order to realize the Sustainable Development Goals program in Karangtanjung Village are by instilling a mindset in the workforce to become entrepreneurs by utilizing the potential of the Micro, Small and Medium Enterprises (MSMEs) sector under the guidance of Village-Owned Enterprises (BUMDes) in Karangtanjung Village.

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