Indonesian Criminal Law Research Articles

Pelaksanaan Restorative Justice di Tinjau dari Hukum Pidana yang Berlaku di Indonesia

Restorative justice is basically a concept to restore the impact of a crime. This concept emerged due to the inability of the previous concept to accommodate the interests of the victim. One application of restorative justice that has recently occurred is the case of the police attack carried out by a female student with the initials HFR. The formulation of the problem raised is how to implement restorative justice according to criminal law in Indonesia and whether it is appropriate to apply restorative justice in the case of: assault by an officer while on duty. This research uses normative research with the nature of descriptive analytical research using secondary data collected by the technique of literature study and analyzed by deductive logic. The results of the research show that the concept of restorative justice in Indonesia has been applied in all lines of law enforcement, starting from the juvenile justice system, the scope of general justice, the prosecutor's office, the police, regional regulations to the penitentiary. Even though the provisions stipulated by each institution are still not in accordance with the standards. In addition, the application of restorative justice in this assault case actually fulfills the requirements and eligibility to carry out restorative justice, but on the other hand, restorative justice is carried out only as a "peaceful" effort without any real form of accountability from the perpetrator to restore the loss and damage suffered by the victim.

Legal Paradox: Protection of Victims Taking the Law into Vigilantism

The rise of vigilantism in Indonesia, marked by public violence against alleged criminals that sometimes results in fatalities, reflects a significant misunderstanding of justice and a lack of specific legislation on vigilante actions. This behavior, akin to torture under Indonesian law, is fueled by public distrust in law enforcement. Research employing both the historical and current Criminal Codes, alongside a sociological analysis, highlights the government's crucial role in legally shaping societal behavior. Discussions on vigilantism involve examining its nature, the legal protections and assistance available, and shaping a societal view that considers both perpetrators and victims. These conversations aim to uphold human rights within the Pancasila ideology, striving for public order and justice that require collective understanding and effort. Addressing vigilantism effectively necessitates both preventive measures to discourage such actions and repressive responses to penalize offenders, ensuring that societal actions align with justice and human rights objectives.

The Significance of Computer Forensics in Electronic Documents as Evidence in Criminal Law

Forensic science standards, no crime never leaves traces. Along with the emergence of cybercrime, a new type of evidence emerged as an expansion of conventional evidence in Indonesian criminal procedural law, namely electronic evidence as stated in the Law on Electronic Information or electronic documents whose authenticity can be guaranteed, but there is no further explanation. Further, what is the procedure for guaranteeing its authenticity? Based on this, not all electronic information or documents can be used as evidence. One branch of forensic science that is relevant to proving cybercrimes is computer forensics. The problem that arises is to what extent is the significance of computer forensics to guarantee electronic information or electronic documents as evidence. This article was based on legal research using a conceptual, statutory, and case approach. The result of this study is that computer forensics plays a significant role in the crime of illegal access to electronic devices because it is a tool in criminal procedural law that can be used to guarantee the authenticity of electronic information or electronic documents so that they can be accepted as evidence in court.How to cite item: Hardinanto, Aris, Barda Nawawi Arief, and Joko Setiyono. “The Significance of Computer Forensics in Electronic Documents as Evidence in Criminal Law.” Jurnal Cakrawala Hukum 14 no. 2 (2023):155-166. DOI: doi.org/10.26905/idjch.v14i2.10820.

Justice Collaborator in the Perspective of Indonesian Criminal Law

The determination of a justice collaborator is to expose and dismantle these organized criminal groups. This involves gathering information about the main actors behind the organized crimes, understanding the structure of these criminal organizations, and uncovering the activities, flow of funds, and records of these organized crimes. In this context, a justice collaborator plays a crucial role as a key to revealing criminal activities. The purpose of this research is to understand the legal provisions regarding the status of a justice collaborator in providing testimony in criminal cases and the legal protections afforded to them. Several references governing the requirements for someone to become a justice collaborator are outlined in the Supreme Court Circular Letter (SEMA) No. 4 of 2011 concerning treatment for Whistleblowers and Justice Collaborators, as well as Law No. 13 of 2006 concerning the protection of witnesses and victims, and other relevant legislation. The role of justice collaborator in assisting law enforcement is essential. The importance of legal protection for justice collaborators and special treatment and leniency in punishment becomes crucial to shed light on previously obscure criminal events. However, there is still no specific, clear, and definitive regulation regarding the establishment and procedural determination of a justice collaborator. Rules concerning the protection of justice collaborators should be detailed and clear since the cooperation of witness perpetrators is vital for the disclosure of crimes such as corruption, but their testimony can also expose them to significant risks that must be addressed for their protection.

Hukuman Pelaku Tindak Pidana Pencabulan di Lingkungan Kampus

Criminal acts of obscenity are all acts related to life in the sexual field which are considered to violate the norms of decency or decency. The problem of sexual abuse on campuses or universities is no longer a secret, this is evidenced by the many reports circulating about sexual abuse in educational settings, especially universities. This study aims to find out about the judge's considerations and find out how material criminal law in Indonesia is applied to the crime of obscenity based on decision number 732 / Pid.b / 2019 / PN.Tjk, using the Normative Juridical research method. Whereas from the results of this study, the first panel of judges in deciding or adjudicating a case must make judgments by taking into account the facts of the trial, both through the statements of witnesses, expert witnesses, statements of the accused, evidence, confessions and oaths, in addition to the elements in the article. whether the accused has been fulfilled or not and also the judge's consideration must include juridical, philosophical and sociological considerations, the judge must also look at what is aggravating and what is mitigating. In decision No. 732 / Pid.b / 2019 / PN.Tjk the judge in making the decision was not fair enough and not right by trying the defendant with 1 (one) year's imprisonment. The application of material criminal law to cases of criminal acts of obscenity in the decision of the Tanjung Karang District Court Number 732/Pid. B /2019/ PN.Tjk is correct and in accordance with the applicable laws and regulations. Considering that the indictment must meet several conditions, namely formal and material requirements. The formal requirements include the defendant's biodata and the material must have a locus or place and tempo or time of incident.

Reform of Corruption Criminal Law: a Study of Corruptor Asset Application Law in Indonesia

The development of a new criminal law system in Indonesia still aims to reveal the crimes committed, find the perpetrators, and punish them with criminal sanctions, especially "corporate punishment", which includes imprisonment and the death penalty. Meanwhile, the issue of international law development, such as the issue of confiscation of proceeds of crime and tools of crime2, has not become an important component in the Indonesian criminal law system. The purpose of this study is to determine the extent to which the reform of corruption criminal law can be carried out, especially in terms of asset forfeiture of corruptors. The research method used is normative research with a legal approach and conceptual approach. The reform of corruption criminal law must provide a clear definition of asset forfeiture of corruptors. The definition must include various types of assets, both tangible and intangible, which are illegally obtained through acts of corruption. The research method used is normative research with a legal approach and conceptual approach. The results of the discussion show that the reform of corruption criminal law regarding the seizure of corrupt assets can strengthen corruption eradication efforts and improve the existing seizure mechanism. The legal reforms carried out include Law Number 31 of 1999 concerning Eradication of Corruption (PTPK Law); Law Number 8 of 2010 concerning Prevention and Eradication of Money Laundering Crimes (TPPU Law); Presidential Instruction Number 3 of 2018 concerning Increasing the Role and Optimizing Community Participation in Corruption Eradication; Government Regulation Number 13 of 2021 concerning Procedures for Forfeiture of Corruption Proceeds.

Why have Indonesian murderers not paid victims' heirs?

The crime of murder results in material and non-material losses for the victims who experience it. The families of victims murder crimes or the heirs are the ones who suffer the most losses following a murder incident that claims the lives of family members or loved ones. Criminal law in Indonesia still does not really prioritize punishment in the form of compensation, so that if heirs want to get compensation they have to submit an application or go through a separate route, this results in the value of substantial justice in criminal law not being upheld, this is proven by the lack of obligations. Compensation in the form of restitution that is mandatory for perpetrators of crimes. To respond it, a new way of upholding substantial justice is needed. By using doctrinal research methods, pre-existing legal sources related to the research theme are searched for. The research results show that several efforts are needed to uphold substantial justice in criminal law, namely the re-actualization of criminal law and the provision of a special forum for heirs to demand compensation directly. In this way, substantial justice can be upheld in criminal law and without going through requests or independent efforts

The Limitations of Living Law in Indonesian Criminal Law Reform: An Effort to Realize Justice

One of the important points of criminal law reform in the Criminal Code is the regulatory provision regarding living law. The Criminal Code authentically determines that living law is customary criminal law, which is declared valid and further regulated through Local Regulations. The absence of limitations related to customary criminal law standards that can be qualified as a living law has the potential to cause injustice. This study aims to analyze the urgency and the formulation of limitations on living law arrangements in the Criminal Code in realizing justice. The results of the study show that the urgency regarding limitations on living law arrangements in the Criminal Code is meant to protect human rights while at the same time preventing potential criminalization. The formulation of limitations of the living law arrangements in the Criminal Code is to realize justice. Therefore, the limitations of customary criminal law can be categorized as a living law according to the Criminal Code, that are: indigenous people still practice the law; these customary crimes do not conflict with the principles of the rule of law; they do not conflict with Pancasila values; and the crimes are further formulated by local regulations.

Kedudukan Alat Bukti Elektronik dalam Pembuktian Tindak Pidana

The legal implications caused by social change, especially technological developments (electronic devices) lie in the need for evidence by presenting electronic evidence in court. In Indonesian criminal law, the use of electronic evidence has actually been regulated. This study aims to determine and analyze the status of electronic evidence, especially in criminal trials after the enactment of the ITE Law and to find out the role of electronic evidence in Indonesian criminal law. Then it is reviewed and analyzed the characteristics and analysis of the electronic evidence so that it can be used as a reference for the judge's opinion in court. This search is a library search or literature search. The material is taken from various literature related to research. This journal writing method uses normative legal methods using statutory approaches and conceptual approaches. The results of the study show that the Criminal Procedure Code is still general in nature and does not recognize evidence in electronic form that can be used as a source of interest as evidence in court cases, electronic evidence itself is a form of expansion/development of evidence guidance so that in the Criminal Procedure Code the status is electronic evidence evidence.. Based on a survey on the status of electronic evidence in Indonesian criminal law, the status of electronic evidence according to ITE (Electronic Information and Transaction Law) is considered valid as long as the authenticity of the evidence can be proven and recognized by professionals. and submitted in accordance with applicable regulations.

Status Of Corruption Acts Under The Indonesian Criminal Law System

The purpose of this research is to describe the regulation of criminal law in Indonesia and to analyze the position of corruption in Indonesian criminal law. This research uses normative legal research in the form of library research using three types of legal materials, namely primary legal materials, secondary legal materials and tertiary legal materials, with the nature of qualitative descriptive research. The results of the study show that the criminal act of corruption is a part of Indonesian criminal law whose arrangements are outside the Criminal Code (KUHP). In addition, this crime has certain specifications that are different from general criminal law which are regulated in separate laws, namely: Law Number 31 of 1999 as amended in Law Number 20 of 2001 concerning Eradication of Corruption Crimes. The criminal act of corruption is also known as a special crime. The criminal act of corruption is a part of the special criminal law which has certain specifications that are different from the general criminal law, such as deviations from procedural law and when viewed from the regulated material. The Criminal Procedure Code for corruption that is applied is lex specialist in nature, namely the existence of deviations intended to speed up procedures and obtain investigations, prosecutions and examinations at court hearings.

Status Of Pretrial Institutions In Indonesian Criminal Law

This study aims to describe the position of pretrial institutions in the study of criminal law in Indonesia and to analyze the implementation of pretrial institutions as legal remedies for suspects in obtaining justice at the level of investigation and prosecution. This is a normative legal research, which examines statutory regulations in a coherent legal system and unwritten legal values ??that live in society, which are related to the suspect's efforts to obtain justice through the Pretrial Institution. The results of the study state that pretrial is one of the new institutions introduced since the existence of Law Number 8 of 1981 concerning the Criminal Procedure Code in the midst of law enforcement life. Pretrial Institution arrangements in the Criminal Procedure Code are listed in Article 1 point 10, Chapter X Part One from Article 77 to Article 83. The position of the Judicial Institution in Indonesian positive law is part of the criminal justice system, as well as being part of law enforcement in abstracto or in concreto. In practice, pretrial is usually carried out in a rule of law country like Indonesia as long as the investigation process is carried out based on the provisions of the Criminal Procedure Code, although not all pretrial decisions are won by the suspect or the party submitting them. In the process of pretrial examination hearings, of course, the facts, both juridical and material facts, will be considered.

Criminal Actions Of Illegal Logging In The Perspective Of Forestry Law

This research aims to describe the regulation of illegal logging in Indonesian positive law and to analyze how illegal logging is in the perspective of Indonesian criminal law. It is a normative legal research, which examines laws and regulations in a coherent legal system with the values ??contained in the Forestry Law Number 19 of 2004 and Law No. 18 of 2013 concerning Prevention and Eradication of Forest Destruction, The research results show that illegal logging is regulated in the Forestry Law, namely Forestry Law No. 19 of 2004, changes to Law no. 41 of 1999 became a Law as an instrument in tackling illegal logging crimes. Then Regulation of the Minister of Forestry Number: P.30/Menhut-II/2012 concerning Administration of Forest Products originating from Private Forests. The government also enacted Law no. 18 of 2013 concerning Prevention and Eradication of Forest Destruction as statutory regulations, and is the implementation of Law no. 14 of 1999. Illegal logging sanctions are emphasized in the Forestry Law in the form of criminal sanctions given to those who carry out illegal logging, according to Law no. 18 of 2013 with a maximum prison sentence of 15 years and a maximum fine of IDR 100 billion.

Criminal Actions Against People Exploiting Children In Accordance To Indonesian Criminal Law

Exploitation of children is now more widespread, not carried out by families but also by small to large institutional groups. The perpetrators are sometimes the parents themselves with the intention of making a profit. The purpose of this study is to describe the position of children in Indonesian criminal law and to analyze criminal sanctions for child exploitation. As normative legal research, this study examines laws and regulations related to child exploitation and criminal sanctions.
 Research results: Article 45 of the Criminal Code defines a child as an immature person if he is not yet 16 years old. Criminal law has positioned children as legal subjects who must protect themselves and their interests as well as the special rights of the state.
 Economic, social and sexual exploitation of children with the intention of benefiting oneself or others is a criminal act. Criminal sanctions for those who commit, order to do, and those who participate in committing the act; give or promise something by abusing power or dignity, by violence, threats or misdirection, or by giving opportunities, means or information, encouraging other people to take action; intercourse (not the wife) is punishable by imprisonment for a maximum of nine years

Eksistensi Pidana Kerja Sosial dalam Perspektif Hukum Progresif

The most current Indonesian Criminal Code (KUHP) contains the concept of Community Service Punishment, which is considered an effort to reform the criminal law system. Community Service Punishment, as a form of punishment in this country, requires an appropriate mechanism to achieve sentencing goals, namely the rehabilitation of convicts through participation in social activities that benefit society. This study aims to analyze the existence of Community Service Punishment to strengthen law enforcers’ understanding of it as one of the main recognized forms of punishment. By using a progressive legal perspective, this research recognizes that the law should consider the development of society and emphasizes the importance of legal reform, if necessary. This study uses a normative juridical approach and conducts qualitative analysis. Based on the results of research conducted through literature studies, it was found that the criminal justice process results in overcapacity in Correctional Facilities, which ultimately hinders the achievement of sentencing goals. Therefore, the importance of imposing Community Service Punishment is very relevant. However, to carry out Community Service Punishment effectively, an organized and systematic procedure is required. This will ensure that the implementation of Community Service Punishment aligns with the expectations and goals to be achieved. We suggest that the relevant parties take advantage of the ratification of the Criminal Code as an opportunity to renew criminal law in Indonesia by increasing the competence and coordination of the criminal justice subsystem in terms of Community Service Punishment.

Justice Collaborator’s Position and Function on Witness Protection’s Rights as a Suspect from the Perspective of Criminal Law in Indonesia

To handle a specific criminal act, a justice collaborator is greatly required. The concept and term of justice collaborator is something new in Indonesia. This method is practically used to eradicate an organized crime. Both conceptual and statutory approaches were used in this research. Juridical-normative techniques were implemented to descriptively explain the existing problems. This research aimed to deeply and conceptually examine justice collaborator’s position and function in the perspective of Human Rights to protect and provide special treatments to the main actors in cooperating with law enforcement officials (justice collaborators) against an organized crime. The position of justice collaborator either as a witness or suspect to provide information in court and then used as a judge's consideration is to mitigate the sentence to be imposed. This collaboration can provide various benefits, so that law enforcement officials can fight against serious criminal acts. Thus, a justice collaborator has a specific rule (lex specialis derogerat lex generalis) to guide law enforcers, such as police officers, prosecutors, and judges to uncover a specific crime committed by a syndicate deliberately violating laws in very systematic and organized ways.

Eksistensi Hukuman Mati terhadap Kasus Pembunuhan Perspektif Hukum Pidana Indonesia dan Hukum Islam

The death penalty is one of the issues that has pro and con views. This paper contains behaviours that cause death penalty sanctions and the application of the death penalty in Indonesia based on Indonesian criminal law and Islamic law. This paper is a normative legal research. The determination of this type of research is based on the consideration that the orientation of this study is more intended to find legal rules, legal principles and legal doctrines in order to answer the legal issues at hand. The results show that the death penalty is not in line with respect for human rights that must be respected and protected, while in Islamic teachings, if it occurs, the term qisas (retaliation in kind) is known, namely if someone kills, then the reply is also murder, but on the other hand the term forgiveness from the victim's family is known, so qisas is not applied.

Hukum Pidana Indonesia dan Relevansinya dengan Hukum Pidana Islam

This article discusses the process of developing Indonesian criminal law and how it relates to Islamic crime. The purpose of this study is to know and describe the development of Indonesian criminal law and to analyze its relevance to Islamic crime. This type of writing is library research using data in the form of seconds. which consists of literature on Indonesian crime and Fiqh Jinayah as well as journals related to the issues studied. Data is collected through studies in the library, after the data is collected, the data is processed and conclusions are drawn to produce new observations. Based on the results of the research, it can be concluded that the criminal law provisions in force in Indonesia are a legacy of the Dutch colonialists in the form of the Criminal Code (KUHP). With the development of the times and the increasing complexity of problems related to crime, several laws and regulations have been made as a legal umbrella to resolve all cases that arise. From several criminal provisions there is relevance to Islamic criminal law, such as the death penalty known as qishahsh in Islamic criminal law. Likewise the punishment for thieves in various forms contained in the Criminal Code as a statutory regulation imposed by the government. In Islamic criminal law there is also a punishment for thieves with various provisions, and there is an opportunity for the application of punishment for thieves in a form known as ta'zir.

Pretrial In Indonesian Criminal Law

The law is a collection of rules that must be obeyed by all people in a society with the threat of having to compensate for losses or get criminal if they violate or ignore these rules, so that an orderly and fair life in that society can be achieved. The conception that embodies that Indonesia is a state of law basically has joints that are universal, such as the recognition and protection of human rights, the legality of the actions of the state or government in the sense of a legally accountable state apparatus, and the guarantee of Free Justice. The type of writing used by the author is juridical normative (legal research) juridical normative research is carried out by examining various rules of law that have a formal nature, namely laws, regulations and literature that contain theoretical concepts that are then connected to the problems that the author will discuss in this dissertation research. Pretrial as part of the criminal justice system in force in Indonesia is an effort to combat crimes that are penal by using criminal law as the main means of material criminal law and formal criminal law. Pretrial as part of law enforcement, as stated by Barda Nawawi Arief that the problem of law enforcement, both in abstracto and in concreto is an actual problem that has recently received a sharp spotlight from the public. As is the case with the implementation of pretrial which is part of a principle of the rule of law which is that a rule of law has various criteria and elements.Based on the foregoing, the philosophical basis of the pre-trial arrangement in Indonesian criminal law is based on the existence of human rights, namely because Indonesia is a state of law based on Pancasila and recognizes human rights. The idea of a pretrial institution was born from inspiration derived from Habeas Corpus in the Anglo Saxon judiciary, which provided a fundamental guarantee to the human being of the right to independence.

Criminal Responsibility Of Defamation Under The Indonesian Criminal Law

The Research, "Responsibility of Defamation Actors in Indonesian Positive Law Studies" aims to describe the arrangements for criminal acts of defamation in the Indonesian criminal law system as well as analyze criminal responsibility for perpetrators of defamation in the Indonesian criminal law system. This research is a normative legal research, which examines laws and regulations in a coherent legal system as well as unwritten legal values ??that live in society, which are related to the responsibility of perpetrators of defamation in the perspective of positive law in Indonesia. The results of the research can be presented in an outline: Arrangements for criminal acts of defamation in Indonesian criminal law are regulated in the Criminal Code (KUHP), and the Law of the Republic of Indonesia Number 19 of 2016 concerning Amendments to the Law of the Republic of Indonesia No. 11 of 2008 concerning Information and Electronic Transactions. The Criminal Code regulates Article 310 paragraph (1) and paragraph (2), as well as Article 311 paragraph (1) of the Criminal Code. Whereas in the Law of the Republic of Indonesia Number 19 of 2016 concerning Amendments to the Law of the Republic of Indonesia No. 11 of 2008 concerning Information and Electronic Transactions regulated in Article 27 paragraph (3); Criminal responsibility for defamation in the Indonesian criminal law system is borne by anyone who intentionally attacks the reputation or reputation of a person, by accusing something with clear intentions so that it is publicly known (Article 310 paragraph (1) of the Criminal Code), and is also borne by every a person who intentionally and without rights distributes and/or transmits and/or makes accessible Electronic Information and/or Electronic Documents that contain insults and/or defamation (Article 27 paragraph (3) of Law Number 19 of 2016 concerning Amendments to Law of the Republic of Indonesia No. 11 of 2008 concerning Information and Electronic Transactions

Refleksi Asas Kemanfaatan: Mengilhami Asas Tiada Pidana Tanpa Kesalahan Tiada Kesalahan Tanpa Kemanfaatan


 The principle of no crime without fault is a fundamental principle, its existence does not seem to appear on the surface like the principle of legality contained in the criminal law law. However, the existence of this principle greatly influences the determination of the judge in imposing a sentence. By Indonesian criminal law officer, Romli Atmasasmita, he offers a complementary principle of the principle of no crime without error - no mistake without benefit. The references offered by Romli are very fundamental, both from a philosophical, sociological, and juridical perspective. Especially reviewing, the principle of expediency that exists side by side with two legal objectives, namely justice and legal certainty. The reflection on material criminal law offered by Romli through the reconstruction of this principle really inspires a point of view for anyone who studies the principle of guilt as the basis for criminal responsibility. It seems that it is time for legal education in Indonesia to look and reflect again, many criminal law officers in Indonesia are full of practical and theoretical experience (retired). The effect of the reconstruction of this principle should be interpreted as a legal view in the future, especially a strong legal structure by seeing and inspiring the Pancasila as the basis for balancing individual interests and the interests of society.