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Journal : Indonesian Journal of Criminal Law and Criminology (IJCLC)

Analisis Urgensi Fungsi Victim Impact Statement dalam Proses Peradilan Pidana Herman, Herman; Ufran, Ufran
Indonesian Journal of Criminal Law and Criminology (IJCLC) Vol. 6 No. 1 (2025)
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/ijclc.v6i1.25394

Abstract

The criminal justice system is implemented based on the provisions of the Criminal Code and the Criminal Procedure Code, thus involving the relationship between the perpetrator, victim, and state. The position of the victim in the criminal system is often ignored so that providing their rights for the losses incurred is not implemented properly. The victim impact statement is a concept that prioritizes protection for victims that can be implemented in Indonesia to protect the basic rights of victims. This research is juridical-normative research. Data collection uses primary legal sources in the form of laws and regulations and opinions of legal experts. Based on the results of the study, it shows that the Criminal Code has not clearly stated the real or direct formulation regarding the provision of legal protection for victims, while the Criminal Procedure Code regulates the position of victims as witnesses who can be asked for information about what they see, hear, or experience. The formation of laws and regulations and the regulation of victim impact statements must be based on appropriate parameters so that victims should be able to provide statements of impact on the criminal acts that occur.
Analisa Yuridis Penegakan Hukum Tindak Pidana Perjudian Online Amin, Lalu Muh; Harun, Rina Rohayu; Ufran, Ufran
Indonesian Journal of Criminal Law and Criminology (IJCLC) Vol. 6 No. 2 (2025)
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/ijclc.v6i2.25399

Abstract

The phenomenon of online gambling has become increasingly widespread in recent times and has brought many negative impacts that affect all aspects of life. This cannot be separated from the development of technology and information so that it brings convenience and changes to the nature of gambling crimes that were previously carried out conventionally, traditionally, to become more modern and sophisticated. This research is a type of normative legal research using a statute approach, a conceptual approach, and a case approach. The results of this study indicate that the enforcement of online gambling crimes based on the three Decisions of the Mataram District Court, namely Decision Number: 417 / Pid.B / 2023 / PN Mataram, Decision Number: 357 / Pid.B / 2023 / PN Mataram, and Decision Number 363 / Pid.B / 2024 / PN Mataram, it is known that all three are based on the provisions of Article 303 paragraph (1) 1 of the Criminal Code and Article 303 paragraph (1) 2 of the Criminal Code. Should refer to the principle of lex specialis then the law enforcement of online fraud crimes can be applied Article 27 paragraph (2) of the ITE Law which is more fulfilling and in accordance with the trial facts contained in the three Decisions at the Mataram District Court