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All Journal JURNAL HUKUM Jurnal Hukum Progresif Pandecta Abdimas Yustisia Jurnal Ilmiah Mahasiswa FEB Jurnal Dinamika Hukum Qistie: Jurnal Ilmu Hukum Jurnal Hukum Novelty Jurnal Daulat Hukum INDONESIAN JOURNAL OF CRIMINAL LAW STUDIES Journal of Indonesian Legal Studies Jurnal Ilmiah Hukum LEGALITY Al-Jinayah: Jurnal Hukum Pidana Islam Jambe Law Journal Jurnal Meta-Yuridis Jurnal Pengabdian Hukum Indonesia (Indonesian Journal of Legal Community Engagement) JPHI YUSTISI Jambura Law Review Jurnal Muara Ilmu Sosial, Humaniora, dan Seni Indonesian Journal of Advocacy and Legal Services Unnes Law Journal The Indonesian Journal of International Clinical Legal Education Law Research Review Quarterly JURNAL USM LAW REVIEW Yustisi: Jurnal Hukum dan Hukum Islam Advances in Police Science Research Journal Fox Justi : Jurnal Ilmu Hukum Multidiciplinary Output Research for Actual and International Issue (Morfai Journal) Jurnal Dedikasi Hukum Jurnal Hukum Pelita Indonesia Law Review (ILREV) Semarang Law Review Cerdika: Jurnal Ilmiah Indonesia Eduvest - Journal of Universal Studies Hukum dan Politik dalam Berbagai Perspektif Causa: Jurnal Hukum dan Kewarganegaraan Jurnal Hukum dan Pembangunan Journal of Law and Legal Reform The Indonesian Journal of International Clinical Legal Education Jurnal Dinamika Hukum Pandecta : Jurnal Penelitian Ilmu Hukum (Research Law Journal) Lex Scientia Law Review Journal of Private and Commercial Law Jurnal Pengabdian Hukum Indonesia Indonesian Journal of Advocacy and Legal Services Indonesian Journal of Pancasila and Global Constitutionalism The Digest: Journal of Jurisprudence and legisprudence International Law Discourse in Southeast Asia Semarang State University Undergraduate Law and Society Review Indonesia Media Law Review Law Research Review Quarterly Indonesian Journal of Criminal Law Studies
Anis Widyawati
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Journal : INDONESIAN JOURNAL OF CRIMINAL LAW STUDIES

 1 
Formulation Policy of Weekend Detention In Indonesia Criminal Law Reform hidayat, muhammad thaufik; Widyawati, Anis
IJCLS (Indonesian Journal of Criminal Law Studies) Vol 5, No 1 (2020): Indonesian J. Crim. L. Stud. (May, 2020)
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (317.979 KB) | DOI: 10.15294/ijcls.v5i1.25322

Abstract

The purpose of this study is to explain and describe how the formulation policy of weekend detention in Indonesia's positive law and how the formulation policy of weekend detention in the Indonesian criminal law reform in the future  (ius constituendum). This research uses normative juridical method of research which is legal research conducted by examining the library material in the form of secondary data such as law or library material as well as other documents that support and data retrieval technique used is library research techniques and analysis of data used is interactive analysis model. The results showed that (1) criminal formulation policy the weekend detention in Indonesia's positive law of the arrangement in the correctional Institution is not regulated about the policy of weekend detention. However, in Indonesian positive law formulation has an assimilation program which is one of the programs in the actual criminal implementation almost resembles a weekend detention system. (2) The policy formulation of the weekend detention in the renewal of Indonesian criminal law (penal policy) can be done by the study of the law comparative countries such as France, Portugal, Vanuatu, Queensland and New South Wales that have implemented a relatively advanced prison system that is the weekend detention. The formulation of weekend detention that is expected to be valid in Indonesia in the future is to develop it firmly in the draft Penal code and paste it in article 65 the Draft Penal code or if the government is about to arrange codification in the law of criminal implementation, the weekend detention is entered in one of the types of criminal sanctions.
Application of Restitution for Criminal Acts Victims: Between Rules and Reality Saputra, Trias; Mursyid, Ali Masyhar; Widyawati, Anis; Rahmiati, Rahmiati
IJCLS (Indonesian Journal of Criminal Law Studies) Vol 9, No 2 (2024): Indonesia J. Crim. L. Studies (November, 2024)
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v9i2.50320

Abstract

Restitution is compensation provided to victims of a crime or their families by the perpetrator or a third party to cover losses from damage to property or income, suffering caused by the crime, and costs for medical or psychological care. Restitution serves as a critical mechanism for ensuring legal protection by aiding in the recovery of victims affected by criminal acts. This is regulated under Law Number 31 of 2014 on the Protection of Witnesses and Victims. However, challenges arise in its implementation, as seen in cases like Decision 1/PID.SUS/2023/PT Bdg, along with various issues in the application of restitution in court rulings, which will be analyzed in this study. This research examines these issues using normative legal research, employing both a legal and case study approach.
Optimizing Oversight: Developing an Ideal Framework for Supervision Prisoners’ Rights Allocation Widyawati, Anis; Latifiani, Dian; Rahmasari, Helda; Adhari, Ade
IJCLS (Indonesian Journal of Criminal Law Studies) Vol 9, No 2 (2024): Indonesia J. Crim. L. Studies (November, 2024)
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v9i2.50313

Abstract

This study analyzes the problem of a prosecutor’s procrastination in executing a court judgment that delays the prisoners’ serving their sentences and causes some irregularities in the correctional facilities regarding the prisoners’ rights trade. The introduction of many prisons without a specific body to supervise the execution of the sentence, particularly the warded people’s freedom in Indonesia, appeared to have unfulfilled justice in the society. In this regard, this research aims to define the validity of the need to enhance the Supervision of prisoners’ rights protection in Central Java. It describes an optimal system relevant to such Supervision. The type of research that was utilized in this study is sociological juridical. Sociological juridical research serves to be the opposite of normative legal research. It is revealed that there have been ongoing infringements of prisoners’ rights, highlighting the further need to set a more comprehensive mechanism that would include the Police, the Prosecutors, the Courts, and the Correctional Institutions in the system of oversight and other management functions. Every level in the hierarchy system of the Criminal Justice System has its limit on including the human rights of prisoners containing adequate risks of intrusion, where checks and balances must be exercised. Formally and horizontally, these rights must be assured and upheld both legally and in their spirit by Justice and the Law. This study’s findings are that appropriate measures need to be applied to implement better Supervision policies aimed at safeguarding the human rights of prisoners and ensuring the justice system in Indonesia is not compromised.
Progressionism Restorative Justice Policies in Achieving Rehabilitative Criminal Justice Wibowo, Muhtar Hadi; Mursyid, Ali Masyhar; Widyawati, Anis
IJCLS (Indonesian Journal of Criminal Law Studies) Vol 9, No 1 (2024): Indonesia J. Crim. L. Studies (May, 2024)
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v9i1.50292

Abstract

This study aims to deeply examine and analyze ideal restorative justice policies, focusing on actualizing rehabilitative criminal law enforcement. By directly observing law in action, it explores how these policies are implemented and their impact, providing insights into effective, humane approaches within the criminal justice system.The main problems are how are the progressivism of restorative justice policy works in actualizing criminal enforcement that is rehabilitative?. Research method is  Socio Legal, which is done by studying secondary data and conducting interviews. After that, the collected data is analyzed through a qualitative way. The urgency of this study lies in the frequent use of restorative justice policies for prosecuting criminal offenders. Through comprehensive, recent socio-legal research, this study examines the ideal implementation of restorative justice to achieve rehabilitative criminal law enforcement. Findings indicate that restorative justice should enable law enforcers to use penal codes as rehabilitative tools. The study concludes that restorative justice policies should include compensation requirements proportionate to the perpetrator's crime, ensuring a balanced and effective rehabilitative approach within the legal framework.
Policies on Prevention and Repression Against Sexual Violence for Higher Education: The Challenges and Expectations Rahmasari, Helda; Pradityo, Randy; Karinda, Risna; Sitepu, Sudirman; Widyawati, Anis
IJCLS (Indonesian Journal of Criminal Law Studies) Vol 8, No 1 (2023): Indonesia J. Crim. L. Studies (May, 2023)
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v8i1.42736

Abstract

The Government's Policies on Prevention and Repression against Sexual Voilance in Higher Education through the Regulation of the Minister of Education, Culture, Research, and Technology of the Republic of Indonesia Number 30 of 2021 is a symbol of follow-up from the government to address the phenomenon of sexual violence in tertiary institutions in Indonesia. This study aims to analyze the challenges and expectations related to this policy. There are a number of qualitative and quantitative methods that are used in this study, which include interviews, questionnaires, and document analyses, and all are empirical research methods. There are several tertiary institutions in Indonesia, particularly those in Bengkulu City that have implemented Government's Policies on Prevention and Repression against Sexual Voilance in Higher Education, according to the results of this study. It is also important to note that there are also tertiary institutions that have not implemented these policies, but instead have their own policies or rules in regards to dealing with incidents of sexual violence at their institutions. A number of tertiary institutions, including tertiary schools in Indonesia, follow up on the rules governing the prevention and handling of sexual violence, but they follow policies that are not in line with the Regulation of the Minister of Education, Culture, Research and Technology of the Republic of Indonesia Number 30 of 2021 on Government's Policies on Prevention and Repression against Sexual Voilance in Higher Education.
The Role of The Prosecutor as Executor of Court Decisions in Returning Confiscated Objects and State Spoils in Criminal Cases: Comparing Indonesia, Malaysia, Nigeria, and Thailand Amir, Ameerah binti; Hanifah, Wahyu Nur; Widyawati, Anis; Nte, Ngboawaji Daniel; Smith, Arthur
IJCLS (Indonesian Journal of Criminal Law Studies) Vol 7, No 1 (2022): Indonesia J. Crim. L. Studies (May, 2022)
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v7i1.35601

Abstract

The execution of court decisions especially for confiscated objects and state spoils face some challenges in Indonesia. This research aims to find out the the executive of court decisions in the return of evidence, as well as what factors affect the presecutor as the executor of the court’s decision. The research questions formulated as first, what is the role of the presecutor in carrying out of the execution of the court's verdict on the return of evidence? and second, what are the factors that affect the presecutor as the executor of the court's decision in the return of evidence? The research method used in this research is qualitative research method with a type of socio-legal studies. This research found and highlighted that the execution of the court’s decision on the status of the evidence carried out by the Prosecutor after the adjudicator's decision has been signed. There are four factors that influence the level of effectiveness of the Prosecutor as the executor of court decisions with regard to evidence, including the legal factor itself, the community factor, the law enforcement officer factor, as well as the legal facilities and facilities factor. Various regulations have been drafted, however, none of them have explicitly regulated the threat of sanctions for prosecutors who do not immediately carry out executions, lack of coordination between related parties, and limited legal facilities and facilities are factors that affect the effectiveness of prosecutors in carrying out their duties.
Effectiveness of Ship Sinking of Illegal Fishing in Term of the Improvement of Local Fishermen Income Maskur, Muhammad Azil; Masyhar, Ali; Kusuma, Bagus Hendradi; Widyawati, Anis
IJCLS (Indonesian Journal of Criminal Law Studies) Vol 6, No 2 (2021): Indonesia J. Crim. L. Studies (November, 2021)
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v6i2.33915

Abstract

Illegal fishing in Indonesia is at an alarming point, that the Ministry of Maritime Affairs and Fisheries made a policy of ship sinking. There are pros and cons related to these sanctions, not even a little resistance from both the internal government itself and the mafia who have been enjoying the results of Illegal Fishing. The sustainability of this policy has been almost 4 years. Data represents that through this policy, illegal fishing has dropped dramatically, so that when viewed in terms of criminal penalties for deterrence (absolute theory), the policy is very effective. However, whether the policy has an impact on the income of local fishermen, logically, when there is illegal fishing of small fish, the income of local fishermen increases. In order to figure out the effectiveness of illegal fishing sanctions in relation to increasing local fishermen’s income, the researchers determined the location of the study in the Tambak Lorok Fishing Village in Semarang.
Formulation Policy of Weekend Detention In Indonesia Criminal Law Reform Hidayat, Muhammad Thaufik; Widyawati, Anis
IJCLS (Indonesian Journal of Criminal Law Studies) Vol 5, No 1 (2020): Indonesian J. Crim. L. Stud. (May, 2020)
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v5i1.25322

Abstract

The purpose of this study is to explain and describe how the formulation policy of weekend detention in Indonesia's positive law and how the formulation policy of weekend detention in the Indonesian criminal law reform in the future  (ius constituendum). This research uses normative juridical method of research which is legal research conducted by examining the library material in the form of secondary data such as law or library material as well as other documents that support and data retrieval technique used is library research techniques and analysis of data used is interactive analysis model. The results showed that (1) criminal formulation policy the weekend detention in Indonesia's positive law of the arrangement in the correctional Institution is not regulated about the policy of weekend detention. However, in Indonesian positive law formulation has an assimilation program which is one of the programs in the actual criminal implementation almost resembles a weekend detention system. (2) The policy formulation of the weekend detention in the renewal of Indonesian criminal law (penal policy) can be done by the study of the law comparative countries such as France, Portugal, Vanuatu, Queensland and New South Wales that have implemented a relatively advanced prison system that is the weekend detention. The formulation of weekend detention that is expected to be valid in Indonesia in the future is to develop it firmly in the draft Penal code and paste it in article 65 the Draft Penal code or if the government is about to arrange codification in the law of criminal implementation, the weekend detention is entered in one of the types of criminal sanctions.
Co-Authors Abidah, Shofriya Qonitatin Ade Adhari Ade Adhari Ade Adhari Ade Adhari Adiba Ro’uf Danur Islam Adilia Putri Kusuma Adiyatma, Septhian Eka Akbar, Sulthan Faiz Akhmad Khalimy Ali Masyhar Amad Sudiro, Amad Amel Ellsamia Indiyani Amir, Ameerah binti Annisa Suci Rosana aprilia, indah Aprilia, Indah Siti Ardi Sirajudin Ra'uf Ardi Sirajudin Ra'uf Ardi Sirajudin Ra’uf Arif Hidayat Aryani, Fajar Dian Asmarani Ramli ASYAFFA RIDZQI AMANDHA Ayub Torry Satriyo Kusumo Baehaqi Basrawi Basrawi Bearlly Deo Syahputra Choirul Fuad Darius Andana Haris Daud Renata Candra Ramadan Deo Syahputra, Bearlly Desiana, Wahyu Dewastyana, Jessica Dewi Sulistianingsih Dian Latifiani Dian Latifiani Didik Purnomo, Didik Duhita Driyah Suprapti Duhita Driyah Suprapti Dwi Budi Santoso Dwiky Chandra Elang Rinjani Utara Eram Tunggul Pawenang Eram Tunggul Pawenang Erdiyasa, Grishafa Anggita Fernando, Zico Junius Firman Erry Probo Fitha Ayun Lutvia Nitha Fransisca Iriani Roesmala Dewi Fuad, Choirul Gusthomi, Moh Imam Gusthomi, Moh. Imam Handayani, Hanifa Saesti Hanifah, Wahyu Nur Helda Rahmasari Helda Rahmasari Helda Rahmasari Henri Pelupessi, Ignatius Herry Subondo Heru Setyanto Heru Setyanto hidayat, muhammad thaufik Hidayatuzzakia, Hana Hutabarat, Rugun Romaida Ilyasa, Raden Muhammad Arvy Indah Anisykurlillah Indah Sri Utari Indah Sri Utari Indiyani, Amel Ellsamia Indra Ardiansyah Indung Wijayanto Irsan Rahman, Irsan Islam, Adiba Ro'uf Danur Iyan Nurdiyan Haris JOKO SUSANTO Justika Hairani Karinda, Risna Kasmanto Rinaldi, Kasmanto Kusuma, Adilia Putri Kusuma, Bagus Hendradi Lulus Rahma Putra Lyna Latifah Lyna Latifah Manalu, Michael Rio Hamonangan Martitah Martitah Martitah Maskur, M. Azil Masrukhi Masrukhi Moh. Fadhil Mubarak, Kareem Mubarokah, Wakhidatul Muhammad Azil Maskur Muhammad Iqbal Baiquni Muhammad Thaufik Hidayat Muhammad Zaidan Dhiya' Ulhaq Muhammad Zaidan Dhiya' Ulhaq Muhtar Hadi Wibowo MUSLIKAH Musmuliadin Musmuliadin Nasrulloh, Rully Neneng Tasu’ah, Neneng Nethania, Etta Novita, Yustina Dhian Nte, Ngaboawaji Daniel Nte, Ngboawaji Daniel Nur Arif Nugraha Nur Rochaeti, Nur Nurul Fibrianti Nurul Fibrianti Panusunan, Panusunan Pratama Herry Herlambang Pratama Herry Herlambang Pratama, Muhammad Gadik Pujiyono Pujiyono R. Kemala Nababan, R. Kemala Raden Muhammad Arvy Ilyasa Rahmawati Melati Sani Rahmiati Rahmiati Rahmiati Rahmiati Ramadan, Daud Renata Candra Randy Pradityo Randy Pradityo Rasdi - Rasdi Rasdi Rasdi Rasdi, Rasdi Rasidah , Seni Ira Maya Ridwan Arifin Risna Karinda Rodiyah - Rohadhatul Aisy Rohmat Rohmat Roy Priyono Ryan Cahya Perdana5 Sabri, Zaharuddin Sani Ahmah Sani, Rahmawati Melati Seni Ira Maya Rasidah Septhian Eka Adiyatma Septhian Eka Adiyatma Setya Putra, Royce Wijaya Setyanto, Heru Setyowati, Ro'fah Shidarta Shidarta Shofriya Qonitatin Abidah Siburian, Julya Paulina Siti Amatil Ulfiyah Smith, Arthur Sonny Saptoajie Wicaksono sri lestari rahayu Subondo, Herry Sudirman SItepu Sudirman Sitepu Sumartono, Nike Natasya Dewi Surip Surip Surip Surip Suryani, Leony Sondang Syahputra, Bearlly Deo Tania, Neysa Teeraphan, Papontee Trias Saputra Ulfiyah, Siti Amatil Utami, Putri Dwi Wahyu Sinta Dewi Pramudita Wayan P. Windia Wibowo, Muhtar Hadi Wijayanti, Zulfa Rena Yaspri Muzwim Yudhistira Gilang Perdana Zjubaidi, Falikha Ardiyani Zulfa Rena Wijayanti