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All Journal Indonesian Journal of Law and Justice
Muhammad Irsyad Irman Putra
Universitas Suryakancana
Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Combating Street Crimes through Non-Penal Approach in Criminology Perspective Muhammad Irsyad Irman Putra; Kuswandi
Indonesian Journal of Law and Justice Vol. 3 No. 3 (2026): March
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/ijlj.v3i3.5476

Abstract

This study was motivated by the increase in street crime, which has a direct impact on the community's sense of security and social order. The measures taken to combat street crime have been dominated by repressive and reactive penal approaches, which have not been effective in reducing crime rates in a sustainable manner and have not addressed the underlying criminogenic factors. From a criminological perspective, street crime is understood as a social phenomenon influenced by socio-economic conditions, weak social control, and low community participation. This study aims to analyse the effectiveness of existing street crime prevention measures and examine the relevance of non-penal approaches as a more comprehensive and humanistic prevention strategy. The research method used is descriptive analysis with a conceptual normative juridical approach. The research data consists of secondary data obtained through a literature study of scientific books, academic journals, and previous research results relevant to criminal policy and criminology. The data is analysed qualitatively to explain the relationship between social structure, crime causation factors, and street crime prevention policies. The results of the study show that the penal approach has not been effective in reducing crime in a sustainable manner. The non-penal approach has a strategic role through community empowerment, strengthening social control, improving socio-economic conditions, and environmental management. This study concludes that the balanced and sustainable integration of penal and non-penal approaches is an important prerequisite for realising equitable community protection and social order.
DEATH PENALTY IN DRUG CRIMES: Analysis of Constitutional Court Decisions from a Human Rights Perspective Anisa Fuji Rahayu; Anisa Sahara; Chiara Belva Chatlina; Muhammad Irsyad Irman Putra; Puput Intan Permata Sari; Dedi Mulyadi
Indonesian Journal of Law and Justice Vol. 3 No. 3 (2026): March
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/ijlj.v3i3.5588

Abstract

The application of the death penalty for narcotics crimes in Indonesia remains controversial because it involves a conflict between the state’s authority to impose criminal sanctions and the protection of the fundamental right to life guaranteed by the 1945 Constitution and international human rights instruments. This study aims to analyze the Constitutional Court’s legal reasoning regarding the constitutionality of the death penalty for narcotics crimes, examine international human rights perspectives, and evaluate its proportionality in modern criminal law. This research uses a normative juridical method with statutory, case, and conceptual approaches. The analysis is based on Constitutional Court decisions related to the Narcotics Law and relevant international human rights instruments such as the International Covenant on Civil and Political Rights (ICCPR). The results show that the Constitutional Court maintains the constitutionality of the death penalty by classifying narcotics crimes as extraordinary crimes, while emphasizing that its application must be limited as an ultimum remedium. However, international human rights standards increasingly criticize the death penalty for drug crimes because it does not meet the category of “most serious crimes.” This study concludes that although constitutionally permissible, the death penalty for narcotics crimes raises concerns regarding proportionality and compatibility with international human rights standards.
Co-Authors Anisa Fuji Rahayu Anisa Sahara Chiara Belva Chatlina Dedi Mulyadi Kuswandi Puput Intan Permata Sari