cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Angga A.G
Contact Email
nawalaedu@gmail.com
Phone
+6281374694015
Journal Mail Official
nawalaedu@gmail.com
Editorial Address
Jl. Raya Yamin No.88 Desa/Kelurahan Telanaipura, kec.Telanaipura, Kota Jambi, Jambi Kode Pos : 36122
Location
Kota jambi,
Jambi
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
 3   4   5   6   7 
Criminalization of Fraud Victims in Gold Trading Disputes: An Analysis of Conflicting Criminal and Civil Court Decisions in Indonesia Yuli Maria Lyanawati; M.Syahrul Borman; Vieta Imelda Cornelis
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/d9xqbn33

Abstract

The expansion of criminal law into private commercial disputes has raised serious concerns regarding over-criminalization and legal certainty. This article examines the phenomenon of fraud victim criminalization in gold trading disputes through an analysis of conflicting civil and criminal court decisions in Indonesia. Using a qualitative doctrinal and socio-legal case study approach, the study analyzes judicial reasoning in parallel proceedings arising from identical transactional facts. The findings reveal that a purchaser legally recognized as a fraud victim in binding civil judgments was subsequently prosecuted and convicted under corruption and money laundering statutes. This outcome resulted from the disregard of prior civil findings, expansive interpretations of state loss, and a narrow application of the ne bis in idemprinciple. The study argues that such judicial fragmentation undermines legal certainty and distorts the function of criminal law as ultima ratio. By situating the case within theories of over criminalization and miscarriage of justice, this article contributes to the literature on economic crime enforcement and judicial coherence. It concludes by emphasizing the need for stronger doctrinal coordination between civil and criminal adjudication to prevent victim criminalization and ensure fair and consistent application of the law in Indonesia
Countering cybercrime in a criminal law perspective: the challenges of law enforcement in the digital age Angga Aldilla Gussman; Raudhotul Jannah
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/vt6zyw84

Abstract

The development of information technology has given birth to cybercrime as a form of modern criminality that challenges the foundations of conventional criminal law. Cybercrime is not only non-territorial and complex, but also has a broad impact on the public, economic, and security interests of the country. This research aims to analyze the normative construction of cybercrime in the Indonesian criminal law system, examine the harmonization of its regulation between Law Number 19 of 2016 concerning Electronic Information and Transactions and Law Number 1 of 2024 concerning the Criminal Code, and identify the challenges of criminal law enforcement in the digital era. The research method used is normative juridical with a legislative, conceptual, and systematic approach. The results of the study show that cybercrime regulation still faces the problem of unclear formulation of delicacies, fragmentation of norms, and potential disharmonization between sectoral laws and national criminal law codification. In addition, cyber criminal law enforcement is faced with electronic proof constraints, limited capacity of the apparatus, and the complexity of cross-border jurisdictions. This condition creates a gap between the normative goals of criminal law and law enforcement practices. Therefore, it is necessary to harmonize and integrate more comprehensive cybercrime regulations so that criminal law is able to provide legal certainty, justice, and human rights protection in a balanced manner in the digital era
Governing through Penal Policy: Criminal Law and State Control Mechanisms Henny Saida Flora; Pramidazzura Alifa Rifqi
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/k0n6rc71

Abstract

Contemporary criminal law increasingly functions not only as an instrument for addressing crime but also as a mechanism of state control. The phenomenon of governing through penal policy reflects a shift in the role of criminal law from ultimum remedium toward a regulatory tool used to manage social behavior and political stability. This article examines the normative ambiguity surrounding the legitimacy of penal policy as a means of governance and its implications for the rule of law and human rights protection. Employing a normative juridical approach with critical and prescriptive analysis, the study reveals that the expansion of criminalization often lacks clear normative parameters, leading to overcriminalization, erosion of civil liberties, and legal uncertainty. Such developments risk undermining the legitimacy of criminal law and transforming it into an instrument of power rather than justice. The article argues for the necessity of normative limits on penal policy through the reaffirmation of the ultimum remedium principle, proportionality, and constitutional review mechanisms to safeguard democratic legal order and human rights.
A Normative Review of the Integration of Customary Criminal Sanctions into the National Sentencing System for Land Rights Violations Judy Marria Saimima; Adonia Ivonne Laturette; Juanrico Alfaromona Sumarezs Titahelu
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/p9eeg803

Abstract

The coexistence of customary criminal sanctions and the national sentencing system in Indonesia reflects the country’s plural legal structure, particularly in cases involving land rights violations. While indigenous communities continue to enforce customary sanctions that are socially binding and restorative in nature, Indonesian positive law remains normatively ambiguous regarding their legal status within state-imposed criminal punishment. The enactment of Law No. 1 of 2023 on the National Criminal Code recognizes living law but fails to provide explicit guidance on how customary sanctions should be integrated into sentencing decisions. Using normative legal research with statute, conceptual, and case approaches, this article examines the juridical position of customary criminal sanctions and their implications for legal certainty and proportionality in sentencing. The analysis demonstrates that unregulated coexistence between customary sanctions and state punishment risks inconsistent judicial practices and potential violations of the principle of non bis in idem. This article argues that customary criminal sanctions may only be integrated into the national sentencing system through explicit normative positioning, either as mitigating factors or as regulated corrective measures, in order to uphold legality, legal certainty, and substantive justice in land rights cases.
Analysis of the Proof of Gratuity as a Criminal Act of Corruption in Criminal Justice Nurfathiana F; Subekti Subekti; Dudik Djaja Sidarta
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/z4akxw44

Abstract

This article examines the construction of proof of gratification as a form of corruption crime within the Indonesian criminal law system, particularly concerning the application of reverse proof as regulated in Law No. 31 of 1999 jo. Law No. 20 of 2001. This study uses a normative juridical method with a statutory approach, a conceptual approach, and jurisprudence review. The analysis results show that proof of gratification contains a juridical dilemma between the effectiveness of eradicating corruption and the protection of the presumption of innocence principle. Article 12B creates a shift in the burden of proof, which is normatively recognized by the Constitutional Court, but its implementation still raises issues of legal uncertainty and inconsistency in interpreting the elements of positional relationship and the intention of acceptance. The mechanism for reporting gratuities through the KPK essentially provides legal protection, but its effectiveness depends on the compliance of public officials and the capacity for oversight. This study emphasizes the need to strengthen regulations, harmonize jurisprudence, and provide technical guidelines for evidence to ensure a balance between the effectiveness of law enforcement and the protection of defendants' constitutional rights.
Screenshots, Chats, and Voice Notes: Rethinking Evidence in Criminal Trials Pramidazzura Alifa Rifqi; Samsidar; Harly Clifford Jonas Salmon
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: 10.62872/0hb7ee97

Abstract

The increasing reliance on screenshots, chats, and voice notes in Indonesian criminal proceedings reflects a significant shift in evidentiary practices driven by digital communication technologies. However, this development has not been followed by adequate normative adaptation within criminal procedural law. Article 184 of the Criminal Procedure Code does not explicitly accommodate micro-digital evidence, while the Electronic Information and Transactions Law merely provides general recognition without specifying procedural standards for authentication and evidentiary weight. This condition creates normative ambiguity regarding the legal status, admissibility, and probative value of screenshots, chats, and voice notes, resulting in inconsistent judicial practices and potential violations of fair trial principles. This study employs normative legal research using statute, conceptual, and case approaches to analyze the position of micro-digital evidence in Indonesian criminal trials. The findings demonstrate that unverified digital evidence risks eroding the presumption of innocence, shifting the burden of proof to defendants, and undermining legal certainty. This article argues that criminal procedural law must be reformed to explicitly regulate the classification, authentication, and corroboration of micro-digital evidence in order to ensure technological adaptation without compromising due process of law and fair trial guarantees.

Page 7 of 7 | Total Record : 66

 3   4   5   6   7 

Filter by Year

2024 2026


Reset
Filter By Issues
All Issue Vol. 2 No. 6 (2026): JOSI - JANUARY Vol. 2 No. 5 (2025): JOSI-NOVEMBER Vol. 2 No. 4 (2025): JOSI - SEPTEMBER Vol. 2 No. 3 (2025): JOSI - JULY Vol. 2 No. 2 (2025): JOSI - MAY Vol. 2 No. 1 (2025): JOSI - MARCH Vol. 1 No. 6 (2025): JOSI - JANUARY Vol. 1 No. 5 (2024): JOSI-NOVEMBER Vol. 1 No. 4 (2024): JOSI-SEPTEMBER Vol. 1 No. 3 (2024): JOSI-JULY Vol. 1 No. 2 (2024): JOSI-MAY Vol. 1 No. 1 (2024): JOSI-MARET More Issue