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All Journal Pandecta JADECS (Journal of Art, Design, Art Education and Culture Studies) Recidive : Jurnal Hukum Pidana dan Penanggulangan Kejahatan Amandemen: Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora Indonesian Journal of Criminal Law Studies
Diana Lukitasari
Universitas Sebelas Maret
Arts Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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URGENCY OF REGULATION REFORM OF BRIBERY OFFENCE AT PRIVATE SECTOR IN INDONESIA Nabila Ayu Umari; Diana Lukitasari; Ismunarno Ismunarno
Indonesian Journal of Criminal Law Studies Vol. 4 No. 2 (2019): Indonesia J. Crim. L. Studies (November, 2019)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v4i2.36300

Abstract

This research aims to assess the urgency of regulation reform of bribery offence at private sector in Indonesia. This study used doctrinal research methods with prescriptive characteristic. The approach used is legal approach. The legal substances used in this study are primary and secondary legal materials. The techniques of collecting legal materials are by library research and analysis techniques of legal materials using deduction methods. The results showed that the arrangement of bribery in private sector offences in Indonesia still has various problems with the unenactment of Law Number 11 of 1980 on Bribery Offences effectively and impressed forgotten. KPK has attempted to revise the Corruption Act through the Corruption Criminal Act Draft which included articles relating to bribery in private sector offences by adopting the provisions of Article 21 UNCAC. However, the Corruption Criminal Act Draft still lacked a shortage of passive bribery offences.
The Problematic Issue of Sharia Court's Absolute Authority under Indonesia Judicial System Luthfiyah Trini Hastuti; Anti Mayastuti; Diana Lukitasari
Indonesian Journal of Criminal Law Studies Vol. 5 No. 2 (2020): Indonesia J. Crim. L. Studies (November, 2020)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v5i2.36410

Abstract

The amendment of the Sharia Court position within the Indonesia’s public court jurisdiction is contained in Article 27 of Law Number 48 of 2009 concerning Judicial Powers where the existence of the Sharia Court is no longer stated to be included in the scope of the special court within this law. The amendment set different tone from what is contained in Law No. 4 of 2004 which in the elucidation of Article 15 states that, the Sharia Court is part of a special court. The problematic issue of Sharia Court's absolute authority in Aceh province under Indonesia judicial system is also the main study discussed in this article. At the end of the article, suggestions for improvement are also presented in order to strengthen the position of the Sharia Court in Indonesia judicial system.
Panopticon Strategy in Juvenile Delinquency Regulation and Rehabilitation in Indonesia Diana Lukitasari; Hartiwingsih Hartiwingsih; Subekti Subekti; Lushiana Primasari; Dian Esti Pratiwi
Indonesian Journal of Criminal Law Studies Vol. 9 No. 1 (2024): Indonesia J. Crim. L. Studies (May, 2024)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v9i1.36422

Abstract

This study addresses juvenile delinquency in Indonesia through a combined legal and social analysis, proposing innovative solutions for sustainable impact. Drawing inspiration from Michael Foucault's Panopticon theory, the study examines how Law Number 1 of 2023 on the Criminal Code interacts with evolving social dynamics. It advocates for a flexible legal framework that not only punishes but also emphasizes rehabilitation and social reintegration for adolescents. The research underscores the critical need for legal reforms that adapt to changing societal norms and challenges posed by information technology. It explores the influence of unrestricted digital media access on adolescent behavior, including phenomena like klithih, which reflects community and peer influences. The study's findings highlight the pivotal role of family, peers, and community in shaping youth behavior and calls for enhanced community-based education and supervision strategies. Consequently, the study proposes recommendations for a more humane and effective legal approach to juvenile delinquency. These include prevention strategies that empower communities in educating and monitoring young people. By advocating for a holistic and evidence-based approach, this research aims to inspire policymakers, legal practitioners, and the public to foster a supportive environment for Indonesian youth, paving the way for a brighter future.
Institutionalizing Customary Court in Indonesian Justice System as an Effort to Realize Access to Justice Right for Indigenous People Anti Mayastuti; Luthfiyah Trini H; Diana Lukitasari
Indonesian Journal of Criminal Law Studies Vol. 7 No. 2 (2022): Indonesia J. Crim. L. Studies (November, 2022)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v7i2.36807

Abstract

This study aims to find customary court institution form in an effort to reinstitute customary court in Indonesia. This research is a prescriptive doctrinal legal research, using statutory and conceptual approaches. The data used is secondary data in the form of primary legal materials, while data analysis technique used is qualitative non-positivistic using hermeneutic interpretation method. Customary disputes are included in the realm of material law that occur in the space of indigenous peoples, if they are resolved by a different formal legal institution, namely the general court as regulated in Law no. 21 of 2001 on Special Autonomy for Papua Province. In principle, the customary court is the last judiciary based on customary law, but efforts to obtain justice (access to justice) and the truth are the human rights of everyone. Therefore, everyone who seeks justice must be interpreted as the right to obtain fair recognition, guarantee, protection and legal certainty and be treated equally before the law. The idea of reviving customary justice is important because as a body of customary courts it is in charge of adjudicating customary law disputes that occur in the community.
Criminal Liability Political Parties in Criminal Acts of Corruption: Indonesia Korea Comparison Diana Lukitasari; Hartiwiningsih Hartiwiningsih; Rehnalemken Ginting; Subekti Subekti; Dian Esti Pratiwi
Indonesian Journal of Criminal Law Studies Vol. 6 No. 2 (2021): Indonesia J. Crim. L. Studies (November, 2021)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v6i2.38388

Abstract

Political parties are often in the spotlight because of the corrupt behavior of their members with the aim of party interests. The forms of criminal acts of corruption by cadres or political party administrators have various modes, including bribery, buying and selling positions, extorting strategic sectors, harming state finances, abuse of authority and misuse of budgets in development programs. Although there are many cases where political parties are suspected of being in the vortex of enjoying the proceeds of criminal acts of corruption, until now criminal responsibility is still borne by individuals, whether cadres or administrators of political parties. This study aims to provide an overview of the criminal liability arrangements of political parties in corruption in Indonesia and to conduct a comparative study of the accountability of political parties in Indonesia and South Korea. The research method used is non-doctrinal by taking secondary data sources with legal, conceptual and grammatical approaches. The results show that Indonesia still includes political parties as corporations, however, political parties in Indonesia are legal entities that cannot be held criminally responsible. South Korea is an example of a country that regulates criminal acts of political parties through their respective laws. In general, South Korea imposes criminal responsibility on persons or administrators of party members, not on the party itself.
The Concept of Corporate Criminal Liability in the Law on Information and Electronic Transactions Hartoto Suci Rahayu; Diana Lukitasari
Indonesian Journal of Criminal Law Studies Vol. 6 No. 1 (2021): Indonesia J. Crim. L. Studies (May, 2021)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v6i1.38400

Abstract

The development of cyber crime gives birth to new facts that corporations can become perpetrators of criminal acts, therefore it is necessary to impose criminal responsibility on the corporation. The purpose of this research is to find out the criminal responsibility of corporations in Law Number 11 of 2008 in conjunction with Law Number 19 of 2016 concerning Electronic Information and Transactions. The type of research in writing this journal is normative or doctrinal by using a statutory approach and taking primary and secondary legal materials. Law Number 11 of 2008 in conjunction with Law Number 19 of 2016 concerning Electronic Information and Transactions adopts the doctrine of identification in imposing criminal liability on corporations. In addition, actions against the law by the management and / or staff of the corporation can be subject to criminal liability based on the doctrine of vicarious liability.
Co-Authors Akila Nuranisa Alif Oksaryan Mulyana Alriansyah Sakhi Fauzan Alvina Khusnul Khotimah Anieq Nisrina Shofwan Anisa Auliasari Anti Mayastuti Davin Gerald Parsaoran Silalahi Dian Esti Pratiwi Galih Pranata Hartiwingsih Hartiwingsih Hartiwiningsih Hartiwiningsih Hartoto Suci Rahayu IGN Tri Marutama Ismunarno Ismunarno Laila Nur Fafirani Lushiana Primasari Luthfiyah Trini H Luthfiyah Trini Hastuti Nabila Ayu Umari Rehnalemken Ginting Rudy Wicaksono Herlambang Subekti Subekti Winarno Budyatmodjo Winarno Budyatmojo