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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 81 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.
Digital Evidence in Criminal Proceedings: Legal Challenges in Establishing Authenticity, Reliability, and Admissibility Safaruddin Harefa
Journal of Strafvordering Indonesian Vol. 3 No. 4 (2026): JOSI - SEPTEMBER
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/hzrwqm51

Abstract

Digital evidence, ranging from smartphone data and cloud-stored communications to surveillance footage, IoT sensor logs, and blockchain transaction records, has become central to modern criminal prosecutions, yet the legal frameworks that govern its use in court have struggled to keep pace with the technology that produces it. This article examines the persistent legal challenges surrounding the authenticity, reliability, and admissibility of digital evidence in criminal proceedings across common-law and civil-law jurisdictions. Employing a normative-doctrinal legal research method supported by a systematic review of contemporary scholarship, case law, and international instruments published mainly between 2017 and 2026, the study identifies three interlocking problems: the absence of harmonized statutory definitions and chain-of-custody standards for digital evidence, the epistemic difficulty of validating the reliability of forensic tools and artificial-intelligence-assisted analysis, and the emerging threat that synthetic media, commonly called deepfakes, pose to the long-standing presumption of authenticity attached to audio-visual records. The findings show that jurisdictions differ markedly in how they allocate the burden of authentication among investigators, forensic experts, and trial judges, and that inconsistent validation protocols for forensic software create a genuine risk of wrongful conviction or wrongful acquittal. The article further demonstrates that cross-border and cloud-based evidence collection exposes gaps in mutual legal assistance mechanisms that traditional procedural codes never anticipated. It argues that establishing binding minimum standards for digital forensic validation, strengthening the judicial gatekeeping function at the admissibility stage, and adopting technology-neutral yet procedure-specific rules of evidence are necessary steps to preserve the fairness, reliability, and legitimacy of criminal trials in an increasingly digitised world.
Reforming Criminal Justice in Indonesia: Balancing Retributive Justice and Restorative Justice Yandi Wahyudi
Journal of Strafvordering Indonesian Vol. 3 No. 4 (2026): JOSI - SEPTEMBER
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/q5yh9p22

Abstract

Indonesia's criminal justice system is undergoing one of the most significant paradigm transformations in its modern legal history, moving from a sentencing philosophy rooted almost exclusively in retribution toward one that increasingly accommodates restoration, reconciliation, and victim participation. This article examines how the 2023 Criminal Code and the 2025 Criminal Procedure Code, together with a dense layer of prosecutorial, police, and judicial regulations, have sought to reconcile the enduring demand for legal certainty and proportionate punishment with the growing recognition that many criminal conflicts are better resolved through dialogue, restitution, and social reintegration. Using normative-doctrinal legal research supported by a conceptual and comparative approach, the study analyses statutory texts, implementing regulations, and recent Indonesian legal scholarship to map the normative architecture of this reform and to identify the structural tensions that arise when two philosophically distinct paradigms are compressed into a single system. The findings show that although restorative justice has been formally codified as a ground for extinguishing prosecution and as a sentencing objective, its application remains fragmented across institutions, constrained by rigid quantitative thresholds, vulnerable to inconsistent discretion, and only partially reconciled with the due-process guarantees that retributive theory was designed to protect. The article argues that a durable balance requires not the replacement of retribution by restoration but a layered model of proportionate, victim-inclusive justice in which restorative mechanisms operate within clearly bounded categories of offense, subject to judicial oversight, harmonised procedural standards, and continuous evaluation. The article concludes by proposing concrete regulatory and institutional reforms capable of embedding restorative justice coherently within Indonesia's renewed criminal justice architecture without eroding the certainty and equal treatment that retributive principles continue to safeguard.
Strengthening Victims’ Rights in Criminal Justice: Toward a More Victim-Centered Approach in Indonesia Rachmadi Usman
Journal of Strafvordering Indonesian Vol. 3 No. 4 (2026): JOSI - SEPTEMBER
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/6h20qd17

Abstract

The Indonesian criminal justice system has historically been structured around an offender-centered paradigm, in which the state's monopoly over prosecution and punishment has frequently relegated the interests of crime victims to a peripheral position. Although Indonesia has enacted a series of instruments intended to correct this imbalance including the 2014 Witness and Victim Protection Law, the 2018 Government Regulation on Restitution and Compensation, the 2023 National Criminal Code, and, most recently, the 2025 Criminal Procedure Code the practical realization of victims' rights continues to be constrained by normative fragmentation, weak institutional capacity, and a persistent retributive orientation among law enforcement actors. This article employs normative juridical research, combining statutory, conceptual, and case approaches, to examine the extent to which Indonesia's legal framework accommodates victim-centered justice and to identify the structural obstacles that impede its implementation. The discussion is organized around two principal themes: first, the normative and institutional architecture governing victims' rights, including the role of the Witness and Victim Protection Agency, restitution and compensation mechanisms, and protection against secondary victimization; and second, the emerging reform agenda oriented toward restorative justice, victim impact statements, and procedural participation under the new Criminal Procedure Code. The article concludes that strengthening victims' rights in Indonesia requires not merely additional regulation but a paradigmatic reorientation of the criminal justice system toward substantive, victim-centered justice
The Implementation of Restorative Justice in Indonesian Criminal Proceedings: Challenges, Opportunities, and Legal Implications Junaidi
Journal of Strafvordering Indonesian Vol. 3 No. 4 (2026): JOSI - SEPTEMBER
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/ftjc7e71

Abstract

Restorative justice has emerged as one of the most consequential paradigm shifts in Indonesian criminal law, redirecting the focus of criminal proceedings away from retribution and toward the restoration of victims, offenders, and the wider community.  This article examines how restorative justice is implemented across Indonesia's criminal justice institutions, namely the police, the prosecution service, and the courts, and situates that implementation within the normative architecture built by the Criminal Procedure Code, Prosecutorial Regulation Number 15 of 2020 on the Termination of Prosecution Based on Restorative Justice, National Police Regulation Number 8 of 2021, and the newly enacted National Criminal Code, Law Number 1 of 2023.  Employing a normative-doctrinal legal research method supported by secondary empirical data, the study identifies persistent structural obstacles, including inconsistent regional application, an imbalance in bargaining position between victims and offenders, and the categorical exclusion of serious offences such as corruption from restorative mechanisms.  At the same time, the article argues that restorative justice offers substantial opportunities for reducing prison overcrowding, revitalising community and customary dispute resolution, and aligning Indonesia's criminal justice system with Pancasila values and international victim-protection standards.  The findings further show that the coming into force of the National Criminal Code on 2 January 2026 carries significant legal implications for the harmonisation of restorative justice regulations, the protection of legal certainty, and the future codification of restorative sanctions within formal criminal procedure.  The article concludes that restorative justice in Indonesia remains a promising yet unevenly institutionalised instrument of criminal justice reform, whose long-term success depends on consistent regulatory harmonisation, adequate institutional capacity, and sustained protection of victims' substantive rights.

Page 8 of 9 | Total Record : 81

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