Jurnal Ilmiah Hukum dan Hak Asasi Manusia

Criminalization Policy for Child Sexual Offenses from the Perspective of Child Protection in Indonesia

Dioz Thimoteus Togatorop — 2026-07-03

Purpose: This study aims to analyze the criminal law policy against perpetrators of child sexual intercourse and legal protection efforts for victims based on the best interests of children in the Indonesian criminal system.

Methodology: This research uses a normative legal method with a descriptive-analytical approach, using primary legal materials (Law No. 35 of 2014, Criminal Code, court decisions) and secondary (literature, journals), with analysis through statutory interpretation and content analysis.

Results: Criminal law policies have been implemented in a formulative, applicative, and executive manner with preventive, repressive, and rehabilitative child protection, but their effectiveness is still hampered by structural and cultural constraints and limited child-friendly facilities.

Conclusions: Criminal law policies regarding perpetrators of child sexual intercourse are comprehensive but not yet optimal; synergy between penal and non-penal approaches, regulatory reforms, and increased capacity of officials and public awareness are needed to achieve fair and child-friendly justice.

Limitations: The research is normative in nature, so it does not reflect actual field conditions or the implementation of legal policies in practice, nor does it include comparison with other legal systems. Therefore, the findings are limited to conceptual and doctrinal analysis and require further empirical study.

Contributions: This research strengthens the study of child protection-based criminal law and emphasizes the importance of criminal law reform towards a child-friendly justice system that focuses on the best interests of children.

Child Custody Contest: Islamic Jurisprudence and Indonesian Positive Law on Remarried Mothers

Afif Mubaroq — 2026-07-03

Purpose: This study examines child custody rights (hadhanah) under Islamic jurisprudence and Indonesian positive law, focusing on scholarly disagreements regarding the legal consequences of a remarried mother’s custody determination.

Research Methodology: This study employs a qualitative library research method, reviewing classical fiqh texts, Indonesian legislation, and jurisprudential literature through a comparative analysis.

Results: Scholars are divided into three positions: the majority (jumhur) hold that remarriage automatically forfeits maternal custody; Ibn Hazm argues that custody remains if child welfare is unharmed; and Imam al-Baghawi conditions retention on consent from both the biological father and new husband. Kompilasi Hukum Islam (KHI) does not explicitly address this issue but implicitly supports retaining maternal custody unless the child's well-being is compromised.

Conclusions: Indonesian positive law diverges from the majority fiqh position by applying a welfare-based approach, aligning more closely with Ibn Hazm and Imam Al-Baghawi. Clearer statutory regulation is needed to resolve the existing legal vacuum.

Limitations: This study relies on qualitative doctrinal analysis without empirical court data, which may limit the generalizability of the findings.

Contributions: This study contributes to Islamic family law and Indonesian legal scholarship by clarifying scholarly positions on hadhanah for remarried mothers and highlighting the need for legislative reform aligned with the best interests of the child.

Criminal Liability for Fraud: Analyzing the Decision of Pengadilan Tinggi Tanjung Karang Nomor: 381/PID/2025/PT. Tjk

Alfi Hizamizi — 2026-07-03

Purpose: This study aims to analyze criminal liability in fraud cases based on the Decision of the Tanjung Karang High Court Number: 381/PID/2025/PN. Tjk. This study explores judges’ legal considerations in assessing the fulfillment of fraud elements and the application of criminal liability principles to the defendant.

Research Methodology: This study uses a normative juridical approach with a descriptive-analytical specification. Secondary data, including court decisions, statutory regulations, and relevant legal literature, were used for the analysis.

Results: The study finds that the panel of judges declared the defendant guilty beyond a reasonable doubt for fulfilling the elements of fraud, as outlined in Article 378 of the Indonesian Criminal Code. The defendant was proven to have unlawfully benefited from deception or a series of lies that induced the victim to surrender their property. The judges' reasoning was based on lawful evidence, consistent with Article 184 of the Indonesian Criminal Procedure Code, and their conviction was derived from the facts presented at trial.

Conclusions: The application of criminal liability in this case aligns with the principles of legality, culpability (geen straf zonder schuld), and criminal responsibility theory within Indonesian criminal law.

Limitations: This study is limited to analyzing a single court decision, which may not fully reflect the broader trends in fraud criminal liability cases.

Contributions: This research contributes to the understanding of judicial reasoning in fraud cases and the application of criminal liability principles, enriching the legal discourse on fraud offenses in Indonesia.

Tax Criminal Policy: Harmonizing Article 44c of Law Number 7 of 2021 with Articles 39 and 39a

Sanusi Sanusi — 2026-07-03

Purpose: This study examines the internal conflict created by Article 44C of Law Number 7 of 2021 on the Harmonization of Tax Regulations in Indonesia's tax-criminal regime, especially its relationship with Articles 39 and 39A of the General Tax Provisions Law.

Research Methodology: This study uses normative legal research with statutory, conceptual, and case approaches. Primary legal materials include Law Number 7 of 2021, Law Number 6 of 1983 as repeatedly amended, Government Regulation Number 50 of 2022, and Minister of Finance Regulation Number 177/PMK.03/2022. Secondary materials consist of reputable international journal articles, OECD materials, official Directorate General of Taxes releases, and selected court-based tax crime materials.

Results: The analysis finds that Article 44C strengthens the fiscal recovery orientation of tax-criminal enforcement by making criminal fines non-substitutable through imprisonment and requiring actual payment by convicted offenders. However, when read together with Articles 39 and 39A, the provision may generate doctrinal tension between deterrence, proportionality, corporate criminal liability, enforceability of high fines and legal certainty.

Conclusions: Harmonization should not be understood only as higher penalties but as an integrated architecture of legality, restorative fiscal recovery, due process, and credible enforcement.

Limitations: This study is doctrinal and does not statistically measure sentencing outcomes.

Contributions: This study contributes to Indonesian tax-criminal law scholarship by proposing a harmonized interpretation of Article 44C based on legality, proportionality, and revenue protection.

Analysis of Migrant Smuggling as a Transnational Organized Crime

Dioz Thimoteus Togatorop — 2026-07-03

Purpose: This study aims to analyze migrant smuggling as an organized transnational crime and examine law enforcement practices in Indonesia and their implications for the protection of migrants' human rights.

Methodology: This study uses a normative legal research method with a statutory, conceptual, and comparative approach. Data were obtained through a literature review of national and international laws and regulations, legal doctrines, and literature related to migrant smuggling.

Results: The findings indicate that migrant smuggling is a transnational organized crime involving cross-border networks. Law enforcement in Indonesia tends to focus on immigration and repressive aspects, often positioning smuggled migrants as lawbreakers rather than victims of crime.

Conclusions: A law enforcement approach that is not oriented toward human rights protection has the potential to neglect migrants’ rights to liberty, personal security, and legal protection. Harmonization of criminal law and immigration policies with human rights principles and more effective international cooperation are needed.

Limitations: This study is limited to normative legal analysis and does not include empirical data from field-based law enforcement practices. As a result, the findings reflect doctrinal and conceptual interpretations rather than practical implementation. The absence of empirical evidence limits a full understanding of how migrant smuggling laws are enforced in practice, thus requiring further socio-legal research.

Contributions: This study contributes a conceptual framework for developing human rights-based legal policies in migrant smuggling cases, emphasizing the protection of migrants as victims of transnational organized crime.

Legal Consciousness in the Digital Era: Challenges of Disinformation and Cybercrime

Johanes De Brito Siga Nono — 2026-07-03

Purpose: This article examines the transformation of legal consciousness in the digital era and analyzes how disinformation and cybercrime contribute to its degradation, while also exploring the implications of these phenomena for legal compliance, regulatory adaptation, and the development of more responsive and preventive legal frameworks in contemporary digital society.

Research Methodology: Employing a normative legal research method with conceptual approaches, this study reconstructs legal consciousness beyond mere knowledge of rules or formal compliance, redefining it as a reflective capacity to recognize legal risks, critically filter information, and act responsibly in digital spaces.

Results: The normative-analytical findings reveal that reactive and repressive regulatory responses tend to neglect the dimension of legal consciousness, potentially undermining legal legitimacy and generating tension with digital freedom. This indicates that law enforcement approaches that rely solely on sanctions may not fully address behavioral compliance in digital environments.

Conclusions: This study asserts that digital transformation has fundamentally altered the manner in which law operates and is complied with in contemporary society, requiring more adaptive and participatory legal mechanisms.

Limitations: As this research is primarily conceptual, it does not include empirical measurements or quantitative assessments of the effectiveness of existing legal policies, which limits generalizability.

Contributions: The article proposes a preventive-oriented framework of digital legal consciousness as a foundation for more adaptive legal policies aimed at sustaining legal order within an increasingly complex digital society, while strengthening compliance through awareness-based regulation.

Role of social welfare personnel for assisting children in law conflict at Ogan Ilir Regency

Dita Mayreista — 2026-07-03

Purpose: This study aims to examine the regulatory framework and concrete role of Tenaga Kesejahteraan Sosial (TKS) in assisting the social rehabilitation process of Anak Berhadapan dengan Hukum (ABH) within the Indonesian juvenile justice system, specifically evaluating their effectiveness in a local context.

Research Methodology: This study employs a socio-legal research method, integrating a statutory analysis of Law No. 11/2012 with a conceptual exploration of restorative justice. Empirical data were gathered at the Ogan Ilir Regency Juvenile Social Rehabilitation Center through literature reviews, direct observations, and in-depth interviews with key informants, including three TKS representatives and one juvenile client.

Results: The findings reveal that although the Indonesian legal system prioritizes restorative justice and diversion, field implementation faces significant challenges due to the diverse characteristics and emotional instability of foster children. Success is achieved when TKS prioritize trust-building, holistic needs identification, and the delivery of integrated vocational and spiritual guidance to restore their confidence.

Conclusions: Macro-level regulations effectively position children as national assets through restorative paradigms. On a practical level, the role of TKS remains vital as facilitators and advocates who successfully restore dignity and future hope through adaptive, flexible, and individualized assistance strategies.

Limitations: The study's scope is limited to the Ogan Ilir Regency Juvenile Social Rehabilitation Center, focusing solely on the specific roles of TKS within this local institutional environment.

Contributions: This research contributes to the social welfare and juvenile justice disciplines by addressing data gaps regarding professional TKS effectiveness in social recovery and the protection of children’s fundamental rights.

Optimization of Restorative Justice in the Resolution of Minor Criminal Cases at the District Prosecutor's Office

Bimo Widyatmoko — 2026-07-03

Purpose: This study aims to analyse the implementation, effectiveness, and optimization of Restorative Justice in resolving minor criminal cases at the District Prosecutor’s Office. It also examines how restorative justice principles are applied in practice and assesses their contribution to more efficient, fair, and balanced case resolution within the criminal justice system.

Research Methodology: This research employs an empirical juridical method using statutory, case, and conceptual approaches. It examines legal norms and their practical implementation in case handling at the District Prosecutor’s Office. The data are analysed qualitatively to understand restorative justice practices and their effectiveness in resolving minor criminal cases.

Results: The findings indicate that RJ implementation of Restorative Justice has been conducted in accordance with the Regulation of the Attorney General of the Republic of Indonesia Number 15 of 2020 through a reconciliation mechanism between victims and offenders facilitated by prosecutors.

Conclusions: Optimization efforts should include enhancing prosecutors’ competencies, strengthening inter-agency coordination, improving regulations, and increasing public awareness through socialization programs. Supporting factors include a clear legal framework, commitment from the Prosecutor’s Office, and a culture of deliberation within society.

Limitations: Restorative Justice serves as an effective and equitable alternative for resolving minor criminal cases and is consistent with modern criminal law principles. Key supporting factors include a clear legal framework, institutional commitment, and a societal culture valuing deliberation and consensus.

Contributions: Future studies are encouraged to broaden the scope of research and examine the long-term effects of Restorative Justice on victim satisfaction, offender reintegration, and recidivism reduction.

Customary Law Challenges in the Ru-Ketu Tradition within Indonesia’s Rule of Law Framework

Chatryen Dju Bire — 2026-07-03

Purpose: This study explores the role of the Ru-Ketu tradition within the framework of Indonesian law, focusing on the gap between its function as a living law and its declaratory status within the national legal system.

Research Methodology: The research adopts an empirical legal method with a socio-legal approach in Sabu Raijua Regency, and the data were analyzed qualitatively through categorization and thematic interpretation of primary and secondary data.

Results: The findings indicate that Ru-Ketu possesses a clear normative structure as an effective mechanism of social regulation in the Sabu society. However, its recognition at the national level remains largely declarative and is hindered by the dominance of positivist legal epistemology, internal religious dynamics, and folklorization risk.

Conclusions: This study concludes that a more inclusive and dialogic legal approach is needed to bridge the gap between customary and state law. Such an approach should go beyond symbolic recognition toward substantive integration, enabling customary law like Ru-Ketu to function as living law within Indonesia’s plural legal system while maintaining its social legitimacy and normative role.

Limitations: This study is limited to Sabu Raijua Regency; therefore, the findings are context-specific and reflect local socio-cultural conditions, and may not be fully generalizable to other customary law settings in Indonesia.

Contributions: This study contributes to the discourse on legal pluralism by highlighting the discrepancy between formal recognition and substantive function and promoting a more substantive integration of living law into Indonesia’s national legal system.

Law Enforcement Regarding Corruption Offenses in Bridge Construction Projects: (Review of Judgment No. 44/Pid.Sus-Tpk/2025/PN.Tjk)

Andriansyah Andriansyah — 2026-07-03

Purpose: This study examines law enforcement against corruption in bridge construction projects, as reflected in Decision No. 44/Pid. Sus-Tpk/2025/PN.Tjk. This study focuses on analyzing judges’ legal considerations and evaluating the effectiveness of law enforcement in creating deterrent effects and restoring state financial losses caused by corrupt practices in infrastructure development projects.

Research Methodology: This study uses a qualitative interpretative approach with a normative juridical method supported by court decision analysis. Data were obtained from legal documents, regulations, and judicial considerations. The analysis applies IFE and EFE matrices, followed by SWOT and QSPM to determine priority strategies.

Results: The findings show that anti-corruption law enforcement in bridge construction cases generally ensures legal certainty and procedural justice. However, challenges remain in recovering state losses and preventing systemic corruption. QSPM results indicate that strengthening inter-agency coordination and optimizing compensation penalties are key priority strategies.

Conclusions: Effective anti-corruption law enforcement requires stronger institutional coordination, consistent judicial approaches, and optimal implementation of compensation sanctions to strengthen deterrence and accountability in infrastructure projects.

Limitations: This study is limited to a single court decision and focuses primarily on normative juridical analysis.

Contributions: This study provides strategic recommendations for improving anti-corruption law enforcement and strengthening state financial recovery mechanisms in infrastructure corruption cases in Indonesia.