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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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Legal Protection for Victims of Revenge Porn: An Analysis from Thomas Aquinas’ Perspective on Criminal Law and Public Ethics Henny Saida Flora; Mahfud Ramadhani
Journal of Strafvordering Indonesian Vol. 2 No. 5 (2025): JOSI-NOVEMBER
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/4vrmcz36

Abstract

The crime of revenge porn or the dissemination of intimate content without the victim's consent is a form of technology-based sexual violence that has a serious impact on human rights to privacy, honor, and dignity. This study uses a normative juridical method with a legislative and conceptual approach, relying on statutory analysis, doctrinal interpretation, and review of court decisions and scholarly literature to examine the consistency and effectiveness of legal protection frameworks. Through analytical interpretation of Law No. 12 of 2022 concerning Criminal Acts of Sexual Violence (TPKS), Law No. 19 of 2016 concerning Electronic Information and Transactions (ITE), and Law No. 44 of 2008 concerning Pornography, the study critically evaluates how these regulations function substantively in protecting victims. The results of the study show that the normative provisions in the three laws are still overlapping and do not provide comprehensive protection for victims, particularly in distinguishing consensual and non-consensual content distribution, addressing secondary victimization, and ensuring victim recovery. From Thomas Aquinas' perspective, just law must contain a public moral dimension and be oriented towards bonum commune or the common good. Therefore, the reconstruction of legal protection for victims of revenge porn must be based on the integration of positive legal values and natural morality by strengthening punitive, preventive, and rehabilitative aspects. With such a legal model, the Indonesian legal system can realize substantive justice for victims, oriented towards restoring human dignity, and in line with the ideals of Pancasila law.
Case Study On Law Enforcement Against Sexual Violence in Educational Environments Nur Rois; Lena Claudia Angwarmasse; Folman P Ambarita
Journal of Strafvordering Indonesian Vol. 2 No. 5 (2025): JOSI-NOVEMBER
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/ft62sh82

Abstract

Sexual violence in higher education is a critical legal and social issue requiring interdisciplinary responses. This study examines law enforcement against sexual violence in Indonesian universities through case studies of Universitas Gadjah Mada (UGM) and Universitas Mataram (UNRAM) using a mixed legal–sociological approach. Data were collected through document analysis, policy review, and academic literature synthesis. Findings reveal that although Law No. 12/2022 on Sexual Violence and Ministerial Regulation No. 30/2021 provide a progressive legal framework, implementation remains constrained by institutional hierarchy, cultural resistance, insufficient trauma-informed capacity, and limited coordination with law enforcement. Both cases demonstrate gaps between legal norms and university practices, particularly regarding victim protection, confidentiality, and administrative response. Strengthening campus task forces, establishing secure reporting mechanisms, ensuring structured collaboration with law enforcement, and mainstreaming gender-awareness education are crucial for creating safe academic environments and achieving substantive justice for victims.
Revisiting Criminal Policy: Between Prevention, Rehabilitation, and Restorative Justice Yusep Mulyana
Journal of Strafvordering Indonesian Vol. 2 No. 5 (2025): JOSI-NOVEMBER
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/fny0zh52

Abstract

Criminal justice policy in Indonesia continues to be dominated by the deterrence paradigm, which emphasizes the deterrent effect of severe punishment. This is evident in the increasing overcrowding of correctional institutions, which are operating at more than twice their normal capacity, and the high rate of recidivism. This study aims to review the direction of Indonesia's criminal justice policy by examining the interaction between three main paradigms, namely deterrence, rehabilitation, and restorative justice, in the context of national social and political change. Using a qualitative approach with a descriptive-analytical design based on socio-legal research, this study analyzes legal documents, official institutional data, and interviews with legal experts and practitioners from the period 2015–2024. The results of the study show that Indonesian criminal policy is still influenced by penal populism and political pressure, although there are indications of a shift towards a more humanistic paradigm through the application of restorative justice. However, this transition is still partial and faces institutional resistance and resource constraints in its implementation in the field. This study concludes that the success of criminal policy reform in Indonesia requires political balance in penal policy, namely a balance between political power, public interest, and human values in the formulation of criminal law. These findings are expected to serve as a conceptual basis for the renewal of a more just, effective, and sustainable criminal justice system.  
Law Enforcement Against Human Trafficking Through Migrant Workers Achmad Yusuf
Journal of Strafvordering Indonesian Vol. 2 No. 5 (2025): JOSI-NOVEMBER
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/0hws7171

Abstract

Trafficking in persons through migrant-labor schemes has become an increasingly complex transnational crime in Indonesia. This study examines the effectiveness of law enforcement against trafficking in persons (TIP) committed under the guise of migrant worker placement. Using a normative and socio-legal approach, the research evaluates the adequacy of legal instruments, inter-agency coordination, and socio-economic dynamics influencing vulnerability to trafficking. Data were collected from primary legal sources, judicial decisions, official government reports, and international organizations monitoring migration and trafficking. The findings reveal that, despite Indonesia’s comprehensive legal framework under Law No. 21/2007 and Law No. 18/2017, alongside its commitment to the Palermo Protocol, implementation challenges persist. These include fragmented institutional coordination, limited cyber-investigation capacity, loopholes in administrative oversight, and socio-economic pressures that drive individuals to migrate irregularly. The study concludes that a holistic strategy combining penal, administrative, and community-based approaches is essential. Strengthening coordination between the National Police, BP2MI, Immigration, and the Ministry of Foreign Affairs, enhancing digital migration governance, and implementing community empowerment initiatives in migrant-sending regions are key to preventing exploitation and dismantling trafficking networks.
Transnational Crime in Money Laundering Cases: An Analysis From the Perspective of Economic Criminal Law Dwi Nurahman
Journal of Strafvordering Indonesian Vol. 2 No. 5 (2025): JOSI-NOVEMBER
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/srvbrm38

Abstract

Money laundering is a transnational crime with significant implications for financial stability and state governance. This study analyzes the enforcement of money-laundering laws in Indonesia through case studies of Rafael Alun Trisambodo and the Bank Indonesia Liquidity Support (BLBI) scandal using a mixed doctrinal and socio-legal approach. Data were collected from statutory analysis, PPATK reports, prosecutorial documents, and scholarly literature. Findings show that despite progressive statutory frameworks, challenges persist in beneficial-ownership transparency, financial-intelligence capacity, and cross-border asset recovery. The Rafael Alun case reflects a family-based laundering scheme, while BLBI illustrates a corporate-state network. This study recommends strengthening PPATK, asset-reporting systems, international cooperation, financial-forensics technology, and the use of non-conviction-based asset forfeiture mechanisms
Law Enforcement And Socio-Legal Approaches In Combating Destructive Fishing Crimes In Maluku: Policy Analysis, Implementation Challenges, And Community Empowerment Sherly Adam; Harly Clifford Jonas Salmon; Astuti Nur Fadilah
Journal of Strafvordering Indonesian Vol. 2 No. 5 (2025): JOSI-NOVEMBER
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/23gqwq63

Abstract

Destructive fishing is a form of fisheries crime that causes ecological damage and threatens the socio-economic stability of coastal communities. Maluku Province, a strategic archipelagic region highly dependent on marine resources, faces significant challenges in preventing and combating this practice. This study analyzes the enforcement of destructive fishing offenses through normative-juridical and socio-legal approaches by examining national legal frameworks, the effectiveness of the lex specialis principle, institutional enforcement capacity, and socio-economic dynamics and legal culture among coastal communities. The findings reveal that although national legal provisions offer a strong normative foundation, law enforcement in Maluku remains constrained by geographical barriers, limited numbers of specialized fisheries investigators, and insufficient maritime surveillance infrastructure. Additionally, economic pressure, lack of access to sustainable fishing technologies, and low legal awareness contribute to persistent destructive fishing practices. Addressing this issue requires integrating penal instruments with community-based empowerment strategies, including the revitalization of traditional norms such as sasi laut, capacity-building for enforcement officers, technological strengthening of maritime monitoring, and the development of coastal livelihood alternatives. This study concludes that successful mitigation of destructive fishing depends on the synergy between legal policies, community participation, and sustained institutional strengthening.
The Application in Tax Violation Cases Involving Public Figures: A Legal and Criminological Analysis Harly Clifford Jonas Salmon
Journal of Strafvordering Indonesian Vol. 2 No. 5 (2025): JOSI-NOVEMBER
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/56j8xe71

Abstract

The phenomenon of tax violations involving public figures shows the existence of structural vulnerabilities in the tax system that require regulatory strengthening. This study analyzes the application of the law in cases of tax violations by public figures through a normative juridical approach by examining the provisions of Law Number 7 of 2021 concerning the Harmonization of Tax Regulations (HPP Law) and a number of related regulations. This study examines the position of tax norms, law enforcement mechanisms, and the relevance of criminological perspectives to the behavior patterns and motivations of violations committed by influential taxpayers. The HPP Law provides significant updates through improving compliance standards, strengthening administrative and criminal sanctions, and digitizing tax administration which has an impact on increasing the effectiveness of supervision. The discussion shows that law enforcement regulated by the HPP Law is more proportional, accountable, and oriented towards fiscal justice, so as to be able to narrow the gap for the manipulation of tax obligations by public figures. Criminological studies confirm that tax reform has succeeded in suppressing opportunistic factors through an increased risk of detecting violations. The results of the study concluded that the harmonization of regulations through the HPP Law has strengthened the integrity of the tax system and strengthened the state's efforts to build equal compliance for all taxpayers without discrimination.
Criminal Liability for Hoax Spreaders: A Study of Defamation Offenses and ITE Laws Muhammad Junaidi; Samsir Samsir; Achmad Yusuf
Journal of Strafvordering Indonesian Vol. 2 No. 5 (2025): JOSI-NOVEMBER
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/p2adhm40

Abstract

The widespread dissemination of hoaxes and the expanding criminalization of defamation in digital spaces illustrate that challenges within Indonesia’s cyberlaw regime stem not only from the normative wording of the ITE Law but also from law enforcement practices that fail to accommodate the realities of digital communication. This study examines criminal liability for hoax disseminators and defamation offenses under the ITE Law by integrating the Criminal Code (Law 1/2023), the first amendment to the ITE Law (Law 19/2016), and the most recent amendment (Law 1/2024). Employing normative legal research through statutory, conceptual, and case approaches, the study finds that hoax-related criminal liability raises substantial mens rea concerns, particularly because digital virality often results from impulsive user behavior driven by platform algorithms. Meanwhile, defamation provisions under the ITE Law retain a conduct-based orientation, expanding criminal liability through broadly framed elements such as “distributing,” “transmitting,” and “making accessible.” Limited digital forensic capacity, subjective interpretation by law enforcement, and weak application of public-interest safeguards contribute to excessive criminalization of both hoax disseminators and legitimate criticism. The study concludes that the effectiveness of the ITE Law requires harmonization with culpability principles under the Criminal Code, strengthened institutional capacity, the adoption of objective standards, and a clear restriction of criminal sanctions as ultimum remedium to ensure that public order and reputation protections do not undermine democ.  
The Shift of Sentencing Paradigm from Retributive to Restorative Justice in the Indonesian Criminal Justice System Carolina S. Martha; Angga Aldilla Gusman; Ainurrafiqa Pelupessy
Journal of Strafvordering Indonesian Vol. 2 No. 6 (2026): JOSI - JANUARY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/8enjmf27

Abstract

The development of modern criminal law thought indicates a significant shift in the sentencing paradigm from a retributive approach toward a restorative one. The retributive paradigm, which emphasizes punishment and retaliation for criminal acts, has increasingly been criticized for its inability to deliver substantive justice for victims, offenders, and society. In contrast, restorative justice emerges as an alternative paradigm that prioritizes restoration, dialogue, and the active participation of all parties affected by crime. This article aims to analyze the shift in sentencing paradigm from retributive to restorative justice within the Indonesian criminal justice system and to examine its implications for national criminal law reform. This study employs a qualitative legal research method using normative and conceptual approaches, relying on statutory analysis, legal doctrines, and relevant criminal justice policies. The findings reveal that restorative justice has gained increasing recognition in Indonesia through recent regulations and law enforcement policies. However, its implementation still faces substantial challenges in terms of legal substance, institutional structure, and legal culture. The novelty of this article lies in its comprehensive analysis of restorative justice not merely as an alternative mechanism, but as a potential new sentencing paradigm capable of reshaping the core orientation of Indonesian criminal law.
The Contest of Moral Values and Human Rights in the Formulation of Criminal Offenses inbthe National Criminal Code Amir Minabari
Journal of Strafvordering Indonesian Vol. 2 No. 6 (2026): JOSI - JANUARY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/aj5d0d93

Abstract

The establishment of the National Criminal Code through Law Number 1 of 2023 reflects the state's efforts to harmonize the criminal law system with the moral values that live in Indonesian society. The process of codifying criminal norms cannot be separated from the moral plurality that comes from religion, customs, and culture, which are often used as a reference for criminalization. However, differences in the acceptance of moral values pose a challenge to legitimacy when criminal norms are generally binding. Law Number 1 of 2023 shows the tendency to use morality as a basis for criminalization, which has the potential to expand delicacies, create legal uncertainty, and risk discrimination against minority groups. The protection of human rights is the main parameter, especially related to the right to privacy, the principle of non-discrimination, and the limits of state intervention. The harmonization between public morality, the protection of individual rights, and the principle of the rule of law still faces normative and structural tensions. Overcriminalization can weaken the selective power of criminal law and burden the justice system. Critical and normative evaluation is needed to ensure that criminal law functions as an instrument of justice and protection of rights, not just a tool of moral affirmation. Normative juridical research shows the need for a balance between moral values, social interests, and human rights in order for the National Criminal Code to have strong juridical, sociological, and philosophical legitimacy.

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