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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
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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.
Juridical Review of Taxpayer Data Protection in Cases of Misuse of Digital Tax System Access Loso Judijanto; Ahmad Novindri Aji Sukma
Journal of Strafvordering Indonesian Vol. 2 No. 4 (2025): JOSI - SEPTEMBER
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/jmp85v50

Abstract

The development of information technology has driven a significant transformation in the tax administration system in Indonesia through the digitization of services such as e-filing, e-billing, and the integration of NIK as an NPWP. This modernization aims to increase efficiency, transparency, and compliance, but at the same time poses serious risks in the form of leakage and misuse of taxpayers' personal data. Tax data is very sensitive because it includes identity, financial information, economic transactions, and compliance records, which in Law No. 27 of 2022 concerning Personal Data Protection (PDP Law) is categorized as specific data with high protection standards. In the legal context, the protection of taxpayer data is strengthened by Article 28G paragraph (1) of the 1945 Constitution and Article 34 of the KUP Law which requires tax officials to maintain confidentiality. The Directorate General of Taxes (DGT) as a data controller has the obligation to manage data in a legal, proportionate, and secure manner by implementing encryption, access control, and incident notification mechanisms. Failure to carry out these obligations can have administrative, civil, and criminal consequences. This study uses a normative juridical method with a statutory and conceptual approach to assess the effectiveness of taxpayer legal protection in digitalization. The results of the study emphasized the importance of harmonizing the PDP Law and the KUP Law as well as strengthening the DGT institution so that legal protection is more comprehensive, transparent, and able to maintain public trust in the digital tax system.
Juridical Analysis of the Application of Administrative and Criminal Sanctions to Tax Evasion Cases Loso Judijanto; Abd Razak Musahib
Journal of Strafvordering Indonesian Vol. 2 No. 4 (2025): JOSI - SEPTEMBER
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/501s3985

Abstract

Taxes are the main instrument in the country's financial system because they function as a source of revenue to support national development. However, tax evasion practices are still rampant and cause significant fiscal losses, requiring effective law enforcement. In the context of Indonesian tax law, tax avoidance can be subject to administrative and criminal sanctions in accordance with the provisions of Law Number 28 of 2007 concerning General Provisions and Tax Procedures (KUP Law). Administrative sanctions function as the main instrument that is both preventive and repressive through the mechanism of fines, interest, or increases in taxes owed. However, in cases with the impact of large losses and intentional elements, relevant criminal sanctions are applied as the ultimate remedium. Reform through Law Number 7 of 2021 concerning the Harmonization of Tax Regulations (HPP Law) strengthens aspects of legal certainty, affirms the principle of ultimum remedium, and increases the authority of tax authorities while still paying attention to the protection of taxpayer rights. This study uses a normative juridical method by examining positive norms, the principle of legality, the principle of proportionality, and the principle of justice in the application of sanctions. The results of the analysis show that the integration of administrative, criminal, and regulatory sanctions is able to create a fairer, more transparent, and sustainable tax system, while maintaining legal legitimacy and public trust
The Effectiveness of Tax Dispute Resolution through Alternative Dispute Resolution (ADR) compared to Settlement through Criminal Justice: A Business Law Perspective Loso Judijanto
Journal of Strafvordering Indonesian Vol. 2 No. 4 (2025): JOSI - SEPTEMBER
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/fk0gnt10

Abstract

Tax disputes are an inherent legal phenomenon in business practice because they are often born from differences in interpretation between taxpayers and fiscal authorities on tax obligations that must be met. Law No. 14 of 2002 provides a normative basis regarding the scope of tax disputes and establishes the Tax Court as a special forum with the authority to examine and decide cases with the nature of final and binding decisions. However, this litigation mechanism often poses problems due to the formalistic nature and length of the settlement process, resulting in high costs and legal uncertainty that are detrimental to the business world. From a business law perspective, delayed judgments and procedural rigidity not only impact a company's cash flow, but can also damage its reputation and lower investor confidence. This condition shows that there is a tension between the legal certainty offered by the law and business certainty which is the practical need of business actors. Criminalization in resolving tax disputes through criminal channels also poses reputational risks that are counterproductive to the investment climate. Alternative Dispute Resolution (ADR) offers a more flexible, efficient, and collaborative solution that is able to bridge fiscal interests with business sustainability. ADR integration is in line with the principles of fast, simple, and low-cost as mandated by Article 2 of Law No. 14 of 2002, so that it can be a strategic instrument in strengthening legal certainty, increasing voluntary compliance, and maintaining national economic stability.
Criminal Law Policy in Combating Corruption in the Digitalization of Public Services Sector Saptaning Ruju Paminto; Dwi Nurahman; Eriyanto Eriyanto
Journal of Strafvordering Indonesian Vol. 2 No. 4 (2025): JOSI - SEPTEMBER
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/7v1xe553

Abstract

Digital transformation in public services brings efficiency and transparency, but at the same time gives birth to new modes of corruption that are non-physical, complex, and transnational. Digitalization opens up opportunities for data manipulation, system engineering, and the elimination of traces of electronic transactions, which are difficult to handle with conventional criminal law instruments. Law No. 31 of 1999 and Law No. 20 of 2001 still dominantly use the classic paradigm that focuses on physical state losses, so it is not yet fully able to reach technology-based crimes. The limitations of these norms create legal gaps and the risk of impunity, especially when the principle of legality requires the formulation of clear criminal justices. On the other hand, proving digital corruption requires explicit recognition of electronic evidence, while the judicial system is still based on conventional evidence. This condition emphasizes the need for responsive criminal law reform, both through expanding the formulation of criminal offenses, strengthening the position of electronic evidence, and developing new sanctions relevant to digital crimes. This research uses a normative juridical method by examining positive law, legality principles, doctrines, and law application practices. The analysis shows that the effectiveness of eradicating digital corruption can only be achieved through regulatory harmonization, increasing the technological capacity of the apparatus, and integrating criminal law with the cyber and administrative law regime. Thus, criminal law is required to be adaptive so as not to be left behind from the dynamics of crime in the digital era.
Public Whipping Punishment for Adultery Offenders in Aceh: A Study on the Application of Islamic Criminal Law and International Human Rights Nurul Fadhilah; Samsidar Samsidar
Journal of Strafvordering Indonesian Vol. 2 No. 4 (2025): JOSI - SEPTEMBER
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/380s8p35

Abstract

This study discusses the legal legitimacy of public whipping in Aceh as part of the legal specificity regulated through Law Number 11 of 2006 concerning the Government of Aceh. This specificity provides a constitutional basis for Aceh to implement Islamic law-based law through Qanun Jinayat, especially Qanun Number 6 of 2014 concerning the Jinayat Law which regulates the punishment for certain criminal acts, including adultery. Although normatively legitimate because it is underpinned by asymmetric decentralization mechanisms, the practice of public caning is controversial from a human rights perspective. Indonesia has ratified the ICCPR through Law Number 12 of 2005, so it is bound by the prohibition of cruel, inhuman, and degrading treatment. This condition creates a normative tension between Islamic sharia principles that emphasize social morality and international human rights principles that emphasize individual dignity. The research uses normative juridical methods with a legislative and conceptual approach, and analyzes the relationship between Islamic law, national law, and international law. The results of the study show the need for a more contextual reconstruction of punishment, emphasizing maqāṣid al-syarī'ah as a meeting point between religious values and human rights principles. Alternatives such as closed executions or rehabilitative punishment can be a solution so that the application of jinayat law remains relevant without causing serious contradictions. Thus, this study emphasizes the importance of humanistic, transformative, and substantive justice regulatory innovation

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