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Papers by sheila maulida fitri

Lex Renaissance, Oct 1, 2020

Law always comes late as opposed to the social deveopment, existing laws are sometimes no longer ... more Law always comes late as opposed to the social deveopment, existing laws are sometimes no longer able to provide solutions to social problems that occur. It is the same with defamation offenses that are blooming in Indonesia. Settlement of cases through criminal law is considered ineffective to resolve the existing problems. This study aims to identify the problem of law enforcement on defamation offenses in Indonesia and providing the right arguments on the urgency of decriminalizing defamation offenses and altering them onto violations of civil law instead. The research method used is a normative juridical with statutory,analytical approach and comparative approaches. The results of the study conclude that law enforcement on defamation offenses using criminal law efforts is considered ineffective because of problems in the material and formal legal aspects of the related article. The imposition of sanctions in the form of corporal punishment actually creates a new social problem and often does not fulfill the sense of justice for both the perpetrator and the victim, especially if the perpetrator's actions cause material losses. Hence the settlement through civil law is considered very appropriate considering that the majority of defamation occurs between individuals. This is also in order to re-establish the existence of criminal law as the ultimum remedium.

KnE Social Sciences, May 26, 2023

Since the beginning of the reform era, the Qanun jinayat has been incorporated into the Indonesia... more Since the beginning of the reform era, the Qanun jinayat has been incorporated into the Indonesian constitutional system. However, its application is reaping benefits and drawbacks in policy and practice, where caning is used as a logical result of the Qanun jinayat. This study aimed to reaffirm the background of the legislation of Qanun in Aceh Province and its place within the Indonesian constitutional framework. Additionally, we investigated the applicability of the concept of caning as a substitute for punishment in the context of updating the national criminal code. A normative juridical research methodology was used, comprising a statutory, analytical, and comparative study approach. According to the interpretation of Article 7 of Law Number 12 of 2011 on the Formation of Legislation, the findings of this study showed that the role of Qanun in the Indonesian constitutional system was equivalent to regional laws. In addition, caning is viewed as an alternative to punishment in the context of amending the country's criminal code by considering the theoretical features of punishment, its intent, the cost-benefit analysis, and its efficacy.

Amnesti : Jurnal Hukum, Feb 24, 2020

Upaya penegakan hukum mustahil dipisahkan dari proses pembuktian. Keberadaan bukti elektronik mem... more Upaya penegakan hukum mustahil dipisahkan dari proses pembuktian. Keberadaan bukti elektronik membawa suatu perubahan dalam sistem penegakan hukum di era teknologi dan informasi. Dalam perjalanannya, sistem hukum Indonesia dinilai belum lengkap mengatur prosedur penanganan bukti elektronik dan adanya dualisme penafsiran kedudukan bukti elektronik dalam sistem hukum acara pidana. Artikel ini mengkaji problematika kebijakan pengaturan bukti elektronik di Indonesia dan urgensi pengaturan bukti elektronik guna mencapai kepastian hukum. Tipe penelitian yang digunakan adalah yudiris-normatif yakni penelitian hukum yang meletakkan hukum sebagai sebuah bangunan sistem norma. Berdasarkan kajian perundang-undangan, terdapat dualisme penafsiran kedudukan bukti elektronik dalam sistem hukum acara pidana Indonesia dan ketidaklengkapan pengaturan prosedur perolehan, pemeriksaan serta pengelolaan alat bukti elektronik. Sudah seharusnya pemerintah mendukung upaya pencapaian kepastian hukum dengan mencantumkan alat bukti elektronik dalam Kitab Undang-Undang Hukum Acara Pidana (KUHAP).

KnE Social Sciences

Amnesti Jurnal Hukum, 2020

de Jure Jurnal Ilmiah Ilmu Hukum, 2020

Criminal Law in Indonesia which was ideally applied as the ultimate last weapon (ultimum remedium... more Criminal Law in Indonesia which was ideally applied as the ultimate last weapon (ultimum remedium) in dealing with violations, has now shifted to become the main weapon (primum remedium). This is inseparable from the criminal law policy which is still oriented as a form of retaliation and punishment so that it prioritizes penal policies with a focus on imposing sanctions in the form of deprivation of liberty. Criminal law has always been used as the main weapon in solving various kinds of violations. This has led to a condition of over-criminalization which has created new problems at the applicative level. Reforming criminal law is considered very urgent to be carried out by accommodating a restorative justice approach in order to re-place criminal law as an ultimum remedium. First, the application of decriminalization policies in various laws and regulations in Indonesia. Second, the reorientation of the criminal procedural law system which gives the possibility of a criminal case...