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Journal : INDONESIAN JOURNAL OF CRIMINAL LAW STUDIES

Parental Responsibility Toward Child as Criminal Offender in Indonesian Criminal Reform Jananuraga, Hatma Aditya; Cahyaningtyas, Irma
IJCLS (Indonesian Journal of Criminal Law Studies) Vol 6, No 1 (2021): Indonesian J. Crim. L. Stud. (May, 2021)
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v6i1.30140

Abstract

Parents as the first guardian of the child make their role irreplaceable for children. The negligence of parents in interpreting their role as caretakers of children can have an impact on children's development. True children do not have the ability to plan a crime. ABH is more accurately seen as a victim. This study reveals the responsibility of parents to child offenders of criminal offenses in Indonesian law today and its reforms in the future. This study uses a qualitative approach and normative juridical research methods. Code No. 11 of 2012 concerning the Juvenile Criminal Justice System implies the use of Restorative Justice in every settlement of juvenile crime. There is no formal legality of parents' responsibility for criminal acts committed by children, however, the Law on the Criminal Justice System for Children only regulates the responsibility of parents in the form of compensation in terms of diversion. The principle of Vicarious Liability can be applied to child crimes in the future. The principle of Vicarious Liability can be clearly stated in the regulations relating to juvenile punishment. The principle of vicarious liability can be applied to parents for criminal acts committed by children in the context of the transfer of criminal acts, based on legal objectives, namely justice, certainty and legal usefulness in the application of criminal law in Indonesia.
Evaluation of Electronic Evidence in Criminal Justice in the Era of Advanced Artificial Intelligence Technology Sumardiana, Benny; Pujiyono, Pujiyono; Cahyaningtyas, Irma; Wulandari, Cahya
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.v9i2.50319

Abstract

Law enforcement is one of the many facets of society that have seen substantial changes as a result of the quick growth of digital technology, especially artificial intelligence (AI). The purpose of this study is to assess how electronic evidence is used in Indonesia's criminal justice system, pinpoint the difficulties encountered, and offer suggestions for enhancing the efficiency and equity of electronic evidence in the age of artificial intelligence. In line with the technological elements included in digital and criminal investigation research methodologies, this qualitative study aids in the creation of a theoretical framework for the use of electronic evidence in the setting of artificial intelligence. The results show that Indonesian law is now able to meet the needs of the digital age with its adaptation to technological advancements. Finding material truth in court proceedings is made possible by electronic evidence, which is legally acknowledged as a legitimate tool in criminal justice. To successfully address these issues and optimize the use of AI in the legal system, it is imperative to develop a strong ethical framework, improve law enforcement capacities, and update rules on a regular basis.
Parental Responsibility Toward Child as Criminal Offender in Indonesian Criminal Reform Jananuraga, Hatma Aditya; Cahyaningtyas, Irma
IJCLS (Indonesian Journal of Criminal Law Studies) Vol 6, No 1 (2021): Indonesian J. Crim. L. Stud. (May, 2021)
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v6i1.30140

Abstract

Parents as the first guardian of the child make their role irreplaceable for children. The negligence of parents in interpreting their role as caretakers of children can have an impact on children's development. True children do not have the ability to plan a crime. ABH is more accurately seen as a victim. This study reveals the responsibility of parents to child offenders of criminal offenses in Indonesian law today and its reforms in the future. This study uses a qualitative approach and normative juridical research methods. Code No. 11 of 2012 concerning the Juvenile Criminal Justice System implies the use of Restorative Justice in every settlement of juvenile crime. There is no formal legality of parents' responsibility for criminal acts committed by children, however, the Law on the Criminal Justice System for Children only regulates the responsibility of parents in the form of compensation in terms of diversion. The principle of Vicarious Liability can be applied to child crimes in the future. The principle of Vicarious Liability can be clearly stated in the regulations relating to juvenile punishment. The principle of vicarious liability can be applied to parents for criminal acts committed by children in the context of the transfer of criminal acts, based on legal objectives, namely justice, certainty and legal usefulness in the application of criminal law in Indonesia.