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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 76 Documents
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Legal Sanctions Procedure for Electronic Law Enforcement Program Violators in The Jurisdiction of the Malang City Police From A Utilistic Theory Perspective Aghniya Ariza Sa'adah
Journal of Strafvordering Indonesian Vol. 3 No. 2 (2026): JOSI - MAY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/yk8bh446

Abstract

The implementation of the ETLE system in Malang City has shown significant results in traffic law enforcement efforts, although it still faces various challenges. The significant gap between the number of detected violations and the number of violators who confirm and pay fines reflects the complexity of the problem. This condition is influenced not only by low public awareness of traffic law compliance but also by the limitations of the ETLE system, which does not allow for the retention of evidence as is the case with manual ticketing.Utilitarianly, ETLE offers many benefits, but its implementation also faces several challenges. Here are some of the main challenges in ETLE application: 1. Implementation Costs. 2. Technical Issues. 3. Data Privacy and Security. 4. Public Acceptance. 5. Regulations ad Policies. Despite its utility, the implementation of ETLE still faces challenges that could diminish its "utility," such as technical challenges, such as the need for a widespread technological infrastructure and camera maintenance. Social challenges include varying levels of public compliance and awareness of changing traffic behavior. Limited coverage, with cameras not yet installed evenly across all regions, means the security benefits are not yet universally felt. Data synchronization issues between agencies and a lack of public awareness remain obstacles to maximizing the system's utility
INVISIBLE CRIME: A CRIME THAT IS NOT DETECTED IN THE FORMAL LEGAL SYSTEM Henny Saida Flora
Journal of Strafvordering Indonesian Vol. 3 No. 3 (2026): JOSI - JULY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/6v4szx26

Abstract

This study examines the phenomenon of invisible crime, or crimes that go undetected in Indonesia's formal legal system. Crimes that are never reported, uninvestigated, or never reach the judicial process create a significant gap between real crime and officially recorded crime. This phenomenon is also known as the dark figure of crime, which is the difference between the number of crimes that actually occur and those recorded in official crime statistics. The study uses a normative-juridical method with conceptual, legislative, and comparative approaches. The results show that invisible crime is caused by various structural factors, including: weaknesses in the reporting system, social stigma against victims, complexity of evidence, limited capacity of law enforcement officers, and criminalization policies that are not adaptive to social developments. There are at least five main categories of invisible crime in Indonesia: sexual crimes and gender-based violence; corporate and white-collar crimes; cybercrimes; environmental crimes; and crimes within asymmetric power relations. This study recommends systemic reforms that include strengthening technology-based reporting mechanisms, expanding the definition of crimes and evidence in criminal procedure law, strengthening witness and victim protection, and a paradigm shift toward a victim-centered approach as a key pillar of effective law enforcement.
VICTIM PROTECTION IN THE CRIMINAL LEGAL SYSTEM: A RIGHTS-BASED JUSTICE APPROACH Mawarni Fatma
Journal of Strafvordering Indonesian Vol. 3 No. 3 (2026): JOSI - JULY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/hbr65y47

Abstract

The Indonesian criminal law system has historically been more oriented towards punishing perpetrators of crimes, so that the position of victims in the judicial process is often marginalized and their rights are not adequately fulfilled. The colonial legacy paradigm that positions the state as the injured party renders victims merely witnesses or pieces of evidence, rather than legal subjects with a direct interest in their recovery. This article aims to critically examine how victim protection can be realized through a rights-based justice approach within the framework of Indonesian criminal law, particularly following the enactment of Law Number 1 of 2023 concerning the Criminal Code. This study uses a normative juridical method with a legislative and conceptual approach, supported by secondary data in the form of laws and regulations, court decisions, and recent academic literature. The results of the study indicate that although legal instruments such as the right to restitution, compensation, rehabilitation, and physical and psychological protection have been regulated, their implementation still faces structural, cultural, and procedural obstacles, so that victims have not fully received proper redress. A rights-based justice approach offers a reorientation of the criminal justice paradigm from one centered on the state and perpetrators to one that positions victims as legal subjects with rights to participation, information, protection, and redress. This article recommends institutional strengthening, regulatory harmonization, and internalization of human rights-based restorative justice principles as strategic steps to achieve just and sustainable victim protection.
CRIMINAL LAW REFORM IN THE NEW KUHP: PARADIGM ANALYSIS AND ITS IMPLICATIONS FOR THE JUSTICE SYSTEM Henny Saida Flora
Journal of Strafvordering Indonesian Vol. 3 No. 3 (2026): JOSI - JULY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/gfnenc36

Abstract

The enactment of Law Number 1 of 2023 concerning the Criminal Code (National Criminal Code) marks a fundamental change in the architecture of Indonesian criminal law after more than a century of being subject to the Wetboek van Strafrecht, a colonial legacy. This article aims to analyze the paradigm shift brought by the National Criminal Code, specifically the shift from a retributive-legalistic paradigm to a paradigm that accommodates the balance of interests of perpetrators, victims, and society through the principle of monodualistic balance, and examines the normative and structural implications of this change for the Indonesian criminal justice system. Beyond mapping these reforms, this article also critically examines the conceptual tensions embedded within this paradigm shift, particularly the unresolved dualism between the recognition of living law and the principle of legal certainty, situating the discussion within Thomas Kuhn’s framework of paradigm change. This research uses a normative juridical method with a statutory, conceptual, and comparative approach. The results of the study indicate that the National Criminal Code introduces a number of significant reform ideas, including the recognition of living law in society as a source of material criminal law, strengthening the principles of subsidiarity and ultimum remedium, the implementation of a two-track system in criminal punishment, the formulation of explicit objectives and guidelines for criminal punishment, and more comprehensive regulations for corporate criminal liability. The implications of this paradigmatic shift for the criminal justice system include the need to adjust criminal procedural law, increase the institutional capacity of law enforcement officials, reorient legal culture toward a restorative justice approach, and the challenge of harmonizing the National Criminal Code with various existing special criminal laws. This article recommends strengthening derivative regulations, intensive training for law enforcement officials, and ongoing implementation oversight to ensure the goals of criminal law reform are achieved effectively and fairly.
RESTORATIVE JUSTICE UNDER INDONESIA'S NEW CRIMINAL CODE: BETWEEN PENAL REFORM AND LEGAL CERTAINTY Henny Saida Flora
Journal of Strafvordering Indonesian Vol. 3 No. 3 (2026): JOSI - JULY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/25g9xb04

Abstract

The enactment of Law Number 1 of 2023 concerning the Criminal Code (hereinafter referred to as the National Criminal Code) marks a paradigmatic transformation of Indonesian criminal law from the retributive legacy of the colonial Wetboek van Strafrecht to a more humanistic and recovery-oriented model. One of the central ideas promoted in this reform is restorative justice, which places the restoration of relationships between perpetrators, victims, and society as the goal of punishment, rather than merely retribution. This article examines how restorative justice is normatively constructed in the National Criminal Code and how this concept interacts with the principle of legal certainty that has been the foundation of the legalistic criminal law system. Using normative legal research methods through legislative, conceptual, and comparative approaches, this article finds that the National Criminal Code accommodates restorative justice through various instruments, including the recognition of existing law in society, judicial forgiveness (rechterlijk pardon), alternative non-imprisonment sentences, and space for settlement outside the formal judicial process. However, the formulation of these norms remains general and leaves law enforcement officials with ample discretion, potentially leading to disparities in implementation and tensions with the principles of legality and legal certainty. This article recommends the need for more operational implementing regulations, strengthened institutional capacity, and adequate judicial oversight to ensure the consistent application of restorative justice without compromising legal certainty and the protection of victims' rights.
Deepfake as a New Form of Cybercrime: Evaluating the Adequacy of Indonesian Criminal Law in Protecting Digital Society Sri Ayu Astuti
Journal of Strafvordering Indonesian Vol. 3 No. 3 (2026): JOSI - JULY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/vayr0x53

Abstract

The rapid diffusion of generative artificial intelligence has made deepfake technology a low-cost instrument for fraud, defamation, non-consensual pornography, sextortion, identity misuse, and political disinformation, yet Indonesia has no criminal provision that names “deepfake” as a distinct offense. This article evaluates the adequacy of Indonesian criminal law in protecting digital society against deepfake-enabled cybercrime. The analysis maps how the ITE Law, the Penal Code, the Personal Data Protection Law, and the Pornography Law are stretched to reach deepfake conduct, identifies the harm categories most frequently reported in the literature, and evaluates enforcement capacity, victim protection, and reform proposals. The findings show that Indonesian positive law remains reactive, fragmented, and interpretively strained, lacking an explicit statutory definition of deepfake, a lex specialis offense, adequate digital forensic capacity, and coordinated platform accountability mechanisms. The article concludes that legal adequacy cannot be achieved through criminalization alone and proposes a multi-layered reform agenda combining statutory reform, forensic capacity building, platform and labeling obligations, and digital literacy programs.

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