Indonesia's criminal law system, which is still oriented towards criminalizing offenders (offender oriented), has not been able to optimally guarantee the recovery of state losses. The method used is a normative juridical approach with conceptual and comparative analysis. The results of the study show the need for a paradigm shift towards an asset-oriented approach through strengthening the mechanisms of non-conviction based asset forfeiture, value-based confiscation, and limited and balanced reverse proof, as well as the reformulation of procedural law through in rem justice and early confiscation. Criminal law reform is expected to increase the effectiveness of asset recovery while maintaining the principles of due process of law and human rights protection. Philosophically, this reform is based on substantive and restorative justice, juridically in line with the constitution and the UNCAC, and sociologically responds to public demands. Thus, an integrated and fair asset forfeiture system is the key to the effectiveness of eradicating corruption and strengthening public trust.

The offence of human trafficking is structured around both objective and subjective elements, the latter playing a decisive role in the legal classification of conduct and in judicial reasoning. This article examines the subjective element of the crime of human trafficking, with a particular focus on the perpetrator’s intent (mens rea) and the legal significance of the victim’s apparent consent. While international and European legal instruments—most notably the Palermo Protocol and Directive 2011/36/EU—explicitly provide that the victim’s consent is legally irrelevant where coercive, deceptive, or abusive means are employed, national judicial practice continues to reveal interpretative tensions, especially in cases involving psychological coercion, abuse of vulnerability, or economic dependency. The central question guiding this analysis concerns the proper interpretation of intent and apparent consent within the framework of human trafficking offences, namely how these concepts should be construed in order to preserve the protective function of criminal law and ensure conformity with European human rights standards. The article argues that human trafficking is an offence of direct intent, encompassing both the acts of recruitment, transportation, or exploitation and the specific purpose of exploitation. Apparent consent, in this context, cannot negate criminal liability, as it frequently reflects a situation of constrained autonomy rather than a genuine expression of free will. Through a doctrinal analysis grounded in criminal law theory and supported by relevant European Court of Human Rights jurisprudence, the study demonstrates that a formalistic reliance on the notion of consent risks distorting the assessment of mens rea and undermining victim protection. The article concludes that a restrictive and context-sensitive interpretation of the subjective element—integrating intent, vulnerability, and power imbalance—is essential for legal certainty, consistent adjudication, and effective enforcement of anti-trafficking norms within national criminal law systems.

This study aims to analyze the problem of legal certainty in the application of living law in criminal law, particularly following its recognition in Government Regulation No. 55 of 2025. The integration of living law without clear normative boundaries has the potential to create legal uncertainty, disparity in rulings, and uncontrolled expansion of judicial discretion. This situation highlights a tension between the need for legal certainty, as guaranteed by the principle of legality, and the demand for substantive justice that exists within society. This study employs a normative legal method with a conceptual and statutory approach. Qualitative analysis is conducted to examine the relationship between the principle of legality and living law, as well as to formulate a normative model capable of reconciling the two. The research findings indicate that the primary issue does not lie in the recognition of living law as a concept, but rather in the absence of clear criteria and structured verification mechanisms in its application. To address this issue, this study proposes a model of limited legality based on judicial verification, which positions the principle of legality as the primary rule, while treating living law as a secondary consideration that can only be applied through the fulfillment of cumulative requirements and strict verification mechanisms. This model implies a limitation on judicial discretion within a normative framework that is testable and accountable, thereby maintaining a balance between legal certainty and substantive justice within the criminal law system. Thus, the proposed model functions not only as a mechanism for reconciliation but also as a normative control instrument over the application of living law.

Handling of criminal cases in criminal law system in Indonesia has adopted the concept of restorative justice which uses peace agreements as its instrument. In the classical doctrine of contract law, it explains the conditions for the validity of an agreement so that it has binding legal force for the parties. The problem in this research concerns the existence of peace agreements as an instrument in handling criminal cases or the classical doctrine of contract law and the position of the restorative justice approach in criminal law system in Indonesia. This research is a normative juridical research. This research is descriptive analytical in nature using primary and secondary sources. The status of a peace agreement as an instrument in handling criminal cases in Indonesia also adopts legal requirements of classical contract law doctrine. The existence of a peace agreement in the criminal justice process is not entirely the same as the legal doctrine of civil contracts. A peace agreement has legitimacy in Indonesia's modern criminal law system and is not simply a stand-alone private contract. The combination of criminal procedural law and the classical doctrine of contract law along with the concept of restorative justice reconstructs the principles of contracts with an orientation towards "restoration" in a peace agreement. A peace agreement is a procedural instrument in handling criminal cases which is one of the considerations of the judge in imposing a sentence.

The legislation contains several articles that seem ambiguous and even unclear in their intent, requiring further interpretation. This study aims to analyze noodweer and noodweer excess in the Indonesian criminal law system and the limits in the use of noodweer and noodweer excess in the Indonesian criminal system. This research is a type of normative juridical research, with data sourced from primary and secondary sources. Data were collected through literature studies and analyzed using deductive methods. The results of this study describe the emergence of a sense of injustice in society; legal certainty becomes unclear and disrupts the realization of legal objectives, and the risk of human rights violations arises. This is caused by the deep disparity in the imposition of sanctions on similar cases, both in the charges and the positioning of the case. As for the limitations in the use of noodweer and noodweer excess in the Indonesian criminal system, it is the formulation of a single limitation in understanding what the limits of noodweer and noodweer excess are, departing from the elements in Article 49 paragraph (1) and paragraph (2) of the Colonial Criminal Code and Articles 34 and 43 of the National Criminal Code. These criteria can be achieved through the revision of legislation or the preparation of Sentencing Guidelines or Sema (Supreme Court Circular Letter).

A core tenet of criminal law is the principle of legality, which dictates that no conduct is punishable without a pre-existing legal prohibition (nullum crimen, nulla poena sine lege). This concept, codified in Article 1(1) of the Timorese Penal Code, forms the bedrock of the nation’s legal framework, ensuring predictability in the law and the protection of fundamental human rights. With the ratification of the United Nations Convention Against Corruption/UNCAC 2003 by the Timor-Leste Government in 2009, and the National Parliament has criminalized Illicit Enrichment as a criminal act of corruption in its national law. However, in the formulation of illicit enrichment, there are norms that are unclear, vague and give rise to interpretation in law enforcement. The unclear formulation of the law, lex certa will create legal uncertainty for the community due to ambiguity. This study aims to analyze the existence of the lex certa principle in the theory of the principle of legality towards Illicit Enrichment, and how its implications in application, in order to build a strong legal system. Using a library research method, this study examines relevant legal, conceptual, and expert opinions. The results indicate that illicit enrichment cannot be implemented in Timor-Leste due to unclear, vague, and ambiguous formulations of the norm, as well as conflicts with the Timor-Leste Constitution. In conclusion, the study recommends clarifying and precisely defining illicit enrichment provisions to comply with the lex certa principle, ensuring legal certainty, effective enforcement, and alignment with constitutional norms.

The Implementation of Castration as an Additional Punishment Imposed on Perpetrators of Sexual Harassment in Indonesia discusses the phenomenon of increasing sexual violence cases, which highlights the urgency of strengthening the criminal justice system. This research aims to analyze the legal basis, objectives, and implementation of chemical castration within Indonesia’s criminal law system. The research method employed is normative juridical, using statutory and conceptual approaches through the analysis of legislation, court decisions, and academic literature. The findings indicate that chemical castration is regulated under Law Number 17 of 2016 and Government Regulation Number 70 of 2020 as an additional punishment for perpetrators of sexual violence against children. Its application is based on the combined theory of punishment, which emphasizes aspects of retribution, deterrence, and rehabilitation. In conclusion, although chemical castration possesses legal legitimacy and preventive objectives, its implementation still faces ethical, medical, and constitutional challenges that must be addressed to ensure its effective enforcement.

Sexual violence committed by doctors against patients constitutes a serious criminal offense that not only violates criminal law provisions but also undermines human values, professional ethics, and public trust in healthcare services. The unequal power relations between doctors and patients place victims in a vulnerable position, thus requiring a fair, firm, and victim-oriented sentencing system. This research aims to analyze the legal regulation and application of criminal sentences for sexual violence committed by doctors against patients within the Indonesian criminal law system, as well as to formulate ideal sentencing policies for the future. The research problems are formulated as follows: (1) how are the legal regulations and implementation of sentences for sexual violence committed by doctors against patients within the Indonesian criminal law system; and (2) how should future sentencing policies for such crimes be developed from the perspective of Indonesian criminal law. This study employs normative legal research methods using statutory, conceptual, and case approaches, particularly through the analysis of Decision of the Palembang District Court Number 919/Pid.B/2024/PN Plg. The data are analyzed qualitatively using descriptive-analytical methods. The results of this study indicate that, normatively, the legal framework governing sentencing for sexual violence has been established in the Criminal Code (KUHP), Law Number 12 of 2022 concerning Sexual Violence Crimes, and other relevant regulations. However, in practice, the implementation of sentencing still faces various obstacles, particularly in terms of evidentiary challenges, unequal power relations between doctors and patients, and victims' reluctance to report due to social stigma and psychological pressure. Furthermore, the sentence imposed in court decisions has not fully reflected substantive justice, as it has not thoroughly considered the psychological impact and long-term trauma experienced by victims. Based on these findings, it is recommended that legal regulations be strengthened, particularly regarding sentencing enhancements for perpetrators from certain professions, improvement of evidentiary mechanisms, and integration of criminal sanctions with administrative and professional ethical sanctions. Accordingly, the sentencing system is expected to provide maximum protection for victims, create a deterrent.

The present day is characterized by a difficult period for the state, caused by the introduction of martial law in accordance with the Law of Ukraine “On the Approval of the Decree of the President of Ukraine ”On the Introduction of Martial Law in Ukraine» dated 24.02.2022 No. 2102-IX [1]. The relevance of the topic lies in the fact that fundamental human rights and freedoms, in particular the will, honor, and dignity of the individual, which are guaranteed by the Basic Law of the state — the Constitution of Ukraine — are being violated both by the aggressor state and by the citizens of our state. In modern society, the criminal law protection of the freedom, honor, and dignity of the individual is of great importance and occupies a special place in the criminal law system of Ukraine. In the Criminal Code of Ukraine (hereinafter referred to as the CC of Ukraine), liability for infringements on the freedom, honor, and dignity of a person is detailed in Articles 146–151-2, which cover such criminal offenses as unlawful deprivation of liberty or abduction of a person, enforced disappearance, hostage- taking, child substitution, human trafficking, exploitation of children, use of a minor child for begging, and other acts that infringe on the freedom, honor, and dignity of a person. These criminal offenses not only cause significant harm to a specific person, but also undermine the foundations of security, morality, and social justice in society. The article examines the legal mechanisms for protecting the freedom, honor, and dignity of individuals in the context of Articles 146–151-2 of the Criminal Code of Ukraine. In particular, the main focus is on problematic issues of criminal law protection of what is most valuable for a state governed by the rule of law—the freedom, honor, and dignity of individuals. The structure and composition of crimes that infringe on the freedom, honor, and dignity of the individual are analyzed. Ensuring an effective mechanism for the criminal law protection of the freedom, honor, and dignity of the individual is one of the key areas of development of the rule of law, the establishment of the supremacy of law, and respect for human rights. Therefore, scientific research into the problems of criminal law protection of freedom, honor, and dignity of the individual in the context of Articles 146–151-2 of the Criminal Code of Ukraine is relevant and necessary. A comprehensive analysis of current legislation and law enforcement practice will make it possible to identify the main directions for improving the effectiveness of the protection of fundamental human rights and freedoms.

Money laundering using virtual currencies, due to its anonymity, nature of cross-border, and technical complexity, has already posed a severe threat to the traditional criminal law system. There are some controversies in the Chinese legal system regarding the legal attributes of virtual currencies and the proper interpretation of "knowing" in the crime of money laundering. These controversies have made efforts in combating money laundering crimes involving virtual currencies ineffective. In this regard, it is urgent to establish a sound legal framework and clarify the subject of responsibility and sentencing of this technology abuse; Improve the active defense capability of technology and build a comprehensive real-time monitoring technology through multi-party cooperation; Promote social collaborative governance and enhance public awareness of prevention. While curbing the abuse of technology, people should also reserve space for its beneficial application and promote the development of deep counterfeiting technology within the legal and compliant boundaries, so as to maintain social stability and safeguard public interests.

This paper will review the practicality, need and difficulty of introducing the crime of Ecocide in the Rome Statute of the international criminal court (ICC). Continuing the definition of legal practices suggested by the Independent Expert Panel (2021) and relying on the recent scholarly discussion, the proposed study critically examines the key features, legal aspects, and suggestion of the possible location of Ecocide in the system of international criminal law. It suggests an actual, multi-staged, multi-pronged action plan of developing Ecocide legal recognition, the argument being that its incorporation is both a vital expansion of international environmental law but a pressing necessity to global ecological justice. The suggested course of action consists of three actions running parallel: development of an international statute, Ecocide Convention, and development of regional statutes, Ecocide. This is a multi-track route, a combination of ambition and pragmatism, with the goal of achieving consensus, developing the necessary legal and institutional capacity and creating complementary normative schemes that may ultimately be unified to transform the Ecocide as a fundamental international crime.

The application of the living law concept within Indonesia’s criminal law system, as regulated in the new Criminal Code (KUHP), opens a new dimension in recognizing customary law and social norms that exist within society. This concept seeks to create a legal system that is more responsive to social and cultural diversity, while accommodating local norms within the criminal justice process. However, the recognition of living law also raises significant issues, particularly with respect to the principle of legality in criminal law, legal uncertainty, and the potential for abuse of power by law enforcement authorities. This study aims to analyze the problems associated with the implementation of living law as a basis for criminalization under the KUHP, using a normative juridical approach and relying on both primary and secondary legal sources. The discussion includes the identification of challenges arising from the ambiguity in the acceptance and proof of customary norms in legal practice, as well as these norms’ impact on legal certainty and the protection of human rights. Furthermore, this article proposes alternative approaches to the application of living law that are more selective and firmly grounded in the principles of justice and human rights. The findings indicate that although living law can enhance respect for legal pluralism, its implementation must go through strict and transparent verification mechanisms to prevent legal uncertainty and discrimination. Therefore, clear regulations are needed regarding the recognition and limitations of living law norms within the criminal justice system, along with a more restorative approach to dispute resolution.

This study presents a detailed analytical examination of the practical and jurisprudential aspects of the implementation of Islamic courts and criminal law, with a particular focus on the systems of Qisas (retribution), Diyat (blood money), and Ta’zir (discretionary punishments). The paper primarily relies on Islamic jurisprudence (Fiqh), the Qur’an, Sunnah, consensus (Ijma’), and authentic classical texts to provide a scholarly assessment of the legal and theoretical framework of Islamic courts, judicial powers, and the role of the state.The research begins with an exploration of the concept of Islamic courts, their historical evolution, and judicial system, including a detailed analysis of the qualifications of judges (Qadis), criteria for appointment, jurisdiction, judicial autonomy, and accountability mechanisms. Subsequently, the theoretical framework of Islamic criminal law is elaborated, addressing the definition of crime in Sharia, principles of legal responsibility, and the hierarchical categorization of Hudud (fixed punishments), Qisas, Diyat, and Ta’zir.The study examines the implementation of Qisas, its conditions, impediments, and the role of the victim’s guardian (Wali-dam) or the state. The analysis demonstrates that Qisas is not merely punitive but also serves to establish justice, deter crime, and protect human life. The study further explores the system of Diyat, analyzing its amount, types, payment mechanisms, the role of ‘Aqilah (relatives of the victim), and its application in contemporary legal frameworks. The discussion of Ta’zir addresses judicial discretion, the scope of discretionary punishments, types of penalties, and their reformative objectives.The paper also emphasizes evidence and the law of testimony, discussing confession, witness testimony, circumstantial evidence, oath-taking (Qasamah), and modern forensic evidence, highlighting their jurisprudential validity and judicial applicability. It demonstrates that the Islamic judicial system is founded on justice, transparency, and the accurate identification of crimes, while modern technological and forensic tools can be integrated in accordance with Sharia principles. The study also examines the role of the state in enforcing criminal law, including the interaction between the judiciary and administrative authorities, practical challenges, and obstacles, along with recommendations for reform and efficiency within contemporary social and legal contexts. A comparative analysis with modern legal systems is provided, considering Islamic and Western criminal law, human rights, and international legal standards, highlighting the utility and purposive nature of Islamic punishments.The findings indicate that the Islamic criminal law system, through Qisas, Diyat, and Ta’zir, upholds the principles of justice, reform, social protection, and human rights. The objective of punishment is not merely retribution but also aims to maintain social order, provide moral education, reform the offender, and ensure the establishment of justice. Through scholarly references, jurisprudential reasoning, and practical applicability, this study elucidates the comprehensive and purposive nature of the Islamic judicial system and its compatibility with modern legal, social, and international frameworks.

The article examines the features of prevention and control of sexual and violent crime. Sexual and violent crimes are of exceptional public danger. They cause the deepest physical and psychological trauma to the victims, cause a significant public resonance, create an atmosphere of fear and undermine the trust of citizens in the ability of the state to ensure their safety. Of particular concern is the fact that the existing system of criminal law and preventive measures does not always demonstrate sufficient effectiveness in countering these complex and multifactorial criminal phenomena. The lack of an effective mechanism for monitoring and compulsory treatment of individuals who have served their sentences for such crimes creates a high risk of recidivism and endangers the lives and health of citizens. This highlights the urgent need for a comprehensive criminological analysis. Of particular concern is the fact that the existing system of criminal law and preventive measures does not always demonstrate sufficient effectiveness in countering these complex and multifactorial criminal phenomena. The lack of an effective mechanism for monitoring and compulsory treatment of individuals who have served their sentences for such crimes creates a high risk of recidivism and endangers the lives and health of citizens. This highlights the urgent need for a comprehensive criminological analysis. All of this necessitates a comprehensive criminological analysis of these phenomena and the development of scientifically grounded proposals for improving the system of their prevention, which determines the relevance of this study.

The reform of criminal law in Indonesia has become an increasingly urgent necessity in line with social developments, technological advancement, and the growing complexity and diversity of crime. Law Number 1 of 2023 concerning the new Criminal Code (Kitab Undang-Undang Hukum Pidana/KUHP) emerges as a comprehensive effort to replace the colonial-era Criminal Code and to align the national criminal law system with the current conditions of Indonesian society. This new Criminal Code introduces several significant changes, including the regulation of cybercrime, protection of the environment, the reinforcement of humanitarian values, and the strengthening of the principle of limiting criminal sanctions on individual liberty in order to ensure the protection of human rights. This paper aims to analyze the direction and substance of the Criminal Code reform, evaluate its potential implementation, and assess the implications of these changes for criminal law enforcement practices in Indonesia. The research method employed is a literature review using a normative approach, conducted through the analysis of statutory regulations, criminal law theories, and relevant case studies. The results of the analysis indicate that the new Criminal Code provides a more adaptive and responsive legal framework to contemporary issues; however, the effectiveness of its implementation largely depends on the readiness of law enforcement authorities, the intensity of regulatory socialization, and the level of public legal awareness. This study concludes that criminal law reform represents a strategic step toward realizing a criminal justice system that is more just, effective, and aligned with the values of Pancasila.

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.

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

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.

The study explores the comparative method in criminal law as a crucial tool for legal research and education. The authors examine its application in different legal traditions, while pointing out significant differences between common law and continental law approaches. They argue that globalization has heightened the need for comparative legal studies, as nations increasingly interact and adapt legal principles across jurisdictions. However, the research highlights challenges, particularly the strong differences in criminal law systems, shaped by historical, cultural, and political factors. The paper employs key methodological tools, such as analysis, synthesis, and modeling, which help structure comparative legal research. It also emphasizes the role of comparative law in overall legal harmonization and reform, while providing insights into how legal systems define crimes, determine liability, and apply punishments. The authors conclude that comparative criminal law should not exist in isolation but as part of broader comparative legal studies, thereby contributing to the development of criminal law theory and practice. This research is particularly relevant in the context of Ukraine’s legal integration with European and other global legal systems, demonstrating how comparative methodology can inform national legal reforms and improve the effectiveness of criminal justice systems worldwide.

Violations of personal data by the mass media have become increasingly frequent in the digital era. The openness of public information regulated under Law No. 14 of 2008 on Public Information Disclosure guarantees the public’s right to access information, but it also opens opportunities for misuse of personal data. When the media publishes personal information without consent or beyond the limits of public interest, such acts may constitute a criminal offense related to privacy violations and data misuse. This research aims to conduct a juridical analysis of personal data violations by mass media within the framework of Indonesia’s criminal law system, and to examine its relevance to the data protection principles in Law No. 27 of 2022 on Personal Data Protection (PDP Law). This study employs a normative juridical method using legislative and conceptual approaches and also reviews several actual cases of personal data misuse in the media sector. The findings indicate that data breaches committed by the media fall under Articles 67–70 of the PDP Law and are closely linked with Article 26 of Law No. 19 of 2016 on Electronic Information and Transactions (ITE Law). Furthermore, media criminal liability is associated with liability by publication principle, as stipulated in Law No. 40 of 1999 on the Press. In conclusion, the enforcement of criminal law for personal data violations by the media must balance the right to public information and the right to individual privacy, ensuring that press freedom is preserved while maintaining legal and ethical protection for citizens’ personal data.