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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 66 Documents
 1   2   3   4   5 
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.
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.
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..
Sexual Harassment Crime In Digital Space: Legal Challenges And Solutions Ika Dwimaya Roz; Judy Marria Saimima; Harly Clifford Jonas Salmon; H.Z. Wadjo; Achmad Fitrian
Journal of Strafvordering Indonesian Vol. 1 No. 6 (2025): JOSI - JANUARY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/h2afmb07

Abstract

In the context of rapid technological development, digital space presents significant challenges in law enforcement, especially in relation to the crime of sexual violence. Law No. 12 of 2022 on Criminal Acts of Sexual Violence provides a firm legal framework to address the problem, but is still faced with various obstacles, such as the complexity of the vast digital space, difficult identification of perpetrators, and lack of public legal awareness. Collaboration between the government, legal institutions, the technology sector, and the community is key to strengthening the prevention and handling of sexual violence cases in the digital space. Advanced forensic technology and training of skilled human resources are needed to support effective law enforcement. In addition, the integration of legal education and digital literacy programs can strengthen public understanding of the legal rights of victims and collective responsibility in maintaining digital security. This collective effort is expected to create a safe and inclusive ecosystem, and ensure better access to justice for all victims of sexual violence in the digital space.
Online Gender-Based Violence(GBV) Crime In The Perspective Of Indonesian Criminal Law Frans Reumi; Karolus Kopong Medan; Ainurrafiqa Pelupessy; Ramadhan Usman
Journal of Strafvordering Indonesian Vol. 1 No. 6 (2025): JOSI - JANUARY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/xez31j88

Abstract

In recent years, developments in information and communication technologies have increased the use of digital media, which has simultaneously expanded the risk of online gender-based violence (GBV). This phenomenon includes sexual harassment, non-consensual dissemination of intimate content, and gender-based threats, which commonly affect women and vulnerable groups. In Indonesia, Law No. 12 of 2022 on the Criminalization of Sexual Violence (UU TPKS) comes as a first step to provide protection to victims, including in cases of online GBV. However, the implementation of the TPKS Law still faces obstacles, such as the lack of understanding of law enforcement officials, difficulties in digital proof, and social stigma against victims. A normative juridical research method was used to evaluate the adequacy of regulations, harmonization of laws, and international best practices. The analysis shows that existing regulations, including the GCV Law, ITE Law, and Criminal Code, still have gaps in effectively addressing online GBV. Legal harmonization, strengthening digital forensic capacity, and increasing gender sensitivity are urgent needs. A holistic approach, including cross-sector collaboration, public education, and policies adaptive to technological developments, is expected to strengthen victim protection. This strategy is needed to realize law enforcement that is responsive, equitable, and supports efforts to eradicate gender-based violence in the digital space.
Integration of Multidisciplinary Approaches in the Criminal Justice System: A Study of the Handling of Gender-Based Crime Ahmad Abrari; Siti Aisyah
Journal of Strafvordering Indonesian Vol. 1 No. 6 (2025): JOSI - JANUARY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/synrn273

Abstract

Gender-based crimes, such as sexual violence, domestic violence, and exploitation of women and children, are complex issues that require multidisciplinary handling. In Indonesia, although Law Number 12 of 2022 concerning the Crime of Sexual Violence (UU TPKS) has been adopted as a step forward, its implementation still faces various obstacles, such as limited understanding of law enforcement officials regarding gender issues and lack of collaboration with other disciplines such as psychology and sociology. The dominance of patriarchal culture and a judicial system focused on formal legal procedures often ignores the social and psychological needs of victims. Therefore, a multidisciplinary approach involving various professions, such as psychologists, social workers, and human rights activists, is needed to ensure the protection and recovery of victims in a comprehensive manner. A criminal justice system that is more responsive to the needs of victims can be achieved by improving coordination between agencies and strengthening the capacity of law enforcement officials through gender-based training. This study uses descriptive-analytical methods to evaluate the challenges and opportunities of implementing this approach, relying on secondary data from regulations, government agency reports and NGOs. It is hoped that the results of this study can provide recommendations to strengthen judicial policies and practices that are fairer and more inclusive
The Role of Criminal Law in Reforming The Criminal Justice System: A Case Study of Handling Prison Overcrowding Karolus Kopong Medan; Mohammad Solekha; Ade Cici Rohayati; Arief Fahmi Lubis
Journal of Strafvordering Indonesian Vol. 1 No. 6 (2025): JOSI - JANUARY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/h2bw2880

Abstract

Overcrowding in Indonesian prisons is a structural problem in the criminal justice system that reflects the repressive nature of criminal law policy. Data from the Directorate General of Corrections (Ditjen PAS) shows that the occupancy rate of prisons exceeds 200% of the ideal capacity, violating the rights of prisoners as guaranteed in the 1945 Constitution and Law Number 12 of 1995 concerning Corrections. Overcrowding has an impact on the increase in violence, the spread of disease, and the failure of coaching programs. One of the main causes of this condition is a punishment policy that focuses too much on imprisonment without considering alternatives such as decriminalization and restorative justice. Most prisoners come from minor criminal cases, including drug abuse in the category of users who are more appropriate for rehabilitation. This policy not only burdens the state budget but also increases recidivism. Studies from various countries show that a rehabilitation-based punishment system is more effective in reducing crime. Therefore, criminal law reform through regulatory revision and the application of alternative punishment are crucial steps in overcoming overcrowding and creating a more equitable correctional system
The Application Of Restirative Justice In The Crime Of Child Violence; Solutions Or Threats To The Sense Of Justice Muhammad Hafiz Ingsaputro
Journal of Strafvordering Indonesian Vol. 2 No. 1 (2025): JOSI - MARCH
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/twpnbt88

Abstract

Cases of violence against children in Indonesia continue to increase, posing challenges for the justice system in balancing the punishment of perpetrators and the recovery of victims. The Restorative Justice (RJ) approach emerged as an alternative to case resolution that emphasizes victim recovery, perpetrator accountability, and community involvement. In the Indonesian legal system, RJ is accommodated through the Juvenile Criminal Justice System Law (SPPA Law) with a mechanism of diversion and penal mediation, which only applies to criminal acts with a threat of less than seven years and not the repetition of the crime. However, the application of RJ in cases of violence against children raises a dilemma, especially related to the risk of repeated trauma, social pressure, and potential injustice for victims. In addition, the effectiveness of RJ in providing a deterrent effect for perpetrators is still questionable. This study uses normative juridical methods with legislative and conceptual approaches to analyze related regulations and implications of RJ in child protection. The results of the study show that the implementation of RJ must be carried out with strict supervision, legal and psychological assistance for victims, and supervision mechanisms for perpetrators so as not to ignore the rights of victims. With clear regulations and strict supervision, RJ can be a more humane solution in handling cases of violence against children.
Corporate Criminal Responsibility in Environmental Crimes: a Case Study of Industrial Pollution Kemmala Dewi; Abd Razak Musahib; Mustofa Ponco Wibowo
Journal of Strafvordering Indonesian Vol. 2 No. 1 (2025): JOSI - MARCH
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/wp2z3b67

Abstract

Criminal law enforcement against companies in environmental crime cases still faces significant challenges. Although Law Number 32 of 2009 concerning Environmental Protection and Management (PPLH Law) has regulated criminal sanctions for companies that pollute the environment, its implementation is still weak. The main factors that hinder the effectiveness of law enforcement include difficulties in proving criminal elements, weak capacity of law enforcement officials, and political and economic pressures that benefit polluting companies. In addition, corruption, overlapping authority between institutions, and inequality between regulations and implementation are the main obstacles in criminally ensnaring companies. The principles of strict liability and corporate criminal liability that are expected to ensnare polluting companies are still not applied optimally. Legal reform is needed to strengthen the effectiveness of environmental criminal law enforcement, including through increasing the capacity of law enforcement officers, improving regulations, and implementing stricter sanctions such as the revocation of business licenses. Information transparency, inter-agency coordination, and protection for whistleblowers must also be strengthened. With these steps, it is hoped that environmental law enforcement can be more effective in providing a deterrent effect to polluting companies, ensuring corporate criminal responsibility, and upholding the principles of environmental justice in Indonesia.

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