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p-Index From 2020 - 2025
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All Journal Diponegoro Law Review Indonesian Journal of Criminal Law Studies
Ade Adhari
Faculty of Law, Universitas Tarumanagara
Law, Crime, Criminology & Criminal Justice

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APPLICABLE LIMITATIONS ON THE CRIMINAL CODE BASED ON THE 1945 CONSTITUTION, LAW NO. 1 OF 1946 AND THE GOVERNMENT REGULATION NO. 2 OF 1945 Ade Adhari; Tundjung Herning SB
Diponegoro Law Review Vol 5, No 2 (2020): Diponegoro Law Review October 2020
Publisher : Fakultas Hukum, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (794.292 KB) | DOI: 10.14710/dilrev.5.2.2020.296-312

Abstract

The enactment of Criminal Code (Wetboek van Strafrecht) in Indonesia is based on the 1945 Constitution, Law No. 1 of 1946 and Government Regulation No. 2 of 1945. The existence of these regulations not only gives legitimacy to the implementation of the Criminal Code, but also provides 'boundary signs' in implementing them. This paper aims to examine the limitations of the enactment of the Criminal Code based on various provisions. The limiting signs include: first, the enactment of the Criminal Code is temporary until the Criminal Code is established based on the 1945 Constitution. This means that the Draft Law on the Criminal Code must be ratified immediately. It is a form of carrying out the mandate to renewal of criminal law as stated in the constitution. Second, there is a need to examine the norms of criminal law in the Criminal Code before it is applied (whether the criminal law norms are in accordance with the criteria "does not conflict with the position of the Republic of Indonesia as an independent state or not in conflict with the Constitution"), and third, the application of the articles in the Criminal Code must remain in the Indonesian context.
Rehabilitation through Reading: Evaluating Prisoners’ Right to Literacy as a Tool to Reduce Recidivism Ade Adhari; Fransisca Iriani Roesmala Dewi; Anis Widyawati; Darius Andana Haris; Dwiky Chandra
Indonesian Journal of Criminal Law Studies Vol. 10 No. 2 (2025): Indonesia J. Crim. L. Studies (November, 2025)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v10i2.29687

Abstract

Fulfilling inmates’ right to reading materials is crucial for effective rehabilitation within Indonesia’s correctional system, despite robust legal guarantees—from the 1945 Constitution to specific laws and regulations—practical implementation faces significant hurdles. High recidivism rates in Indonesia underscore the urgent need for genuine rehabilitation beyond mere punitive measures. Using a doctrinal legal research method, the analysis draws on statutory and conceptual approaches, supported by case studies from Class IIB Pinrang, LPKA Pekanbaru, and Class IIA Kupang. Findings highlight there is a persistent gap between legal mandates and on-the-ground reality. A fundamental shift is needed to bridge this: reading must be seen not just as a formal right, but as a core educational and rehabilitative tool for intellectual and personal development. Strategic improvements require stronger cross-sector collaboration, enhanced officer training, and outcome-based evaluation to ensure reading genuinely transforms inmates and supports their successful reintegration into society.
Co-Authors Anis Widyawati Darius Andana Haris Dwiky Chandra Fransisca Iriani Roesmala Dewi Tundjung Herning SB