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Criminal Law Department, Faculty of Law UNNES, K Building 2nd Floor, UNNES Sekaran, Gunungpati, Semarang, Central Java, Indonesia, 50229
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INDONESIA
INDONESIAN JOURNAL OF CRIMINAL LAW STUDIES
Published by Universitas Negeri Semarang
ISSN : 25481568     EISSN : 25481576     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
The Indonesian Journal of Criminal Law Studies (IJCLS) is one of the scientific journals in the field of criminal law issued by the Criminal Law Department of the Faculty of Law, UNNES. IJCLS was first published in November 2016 to coincide with the 9th anniversary of the Faculty of Law UNNES, and since its first publication it has had ISSN both printed and online. In 2017, IJCLS continues to improve and make improvements both in terms of management systems and writing quality. The first time, IJCLS was published in Indonesian, and since the second issue, in May 2017, IJCLS has been published in English as a forward vision towards a reputable international journal. At present, IJCLS has established various collaborations, including the Association of Indonesian Law Journal Managers, Indonesian Criminal Law and Criminology Society, and various other associations. In 2018, IJCLS in collaboration with the Faculty of Law held various activities in the form of seminars and criminal law conferences. Until now, IJCLS has been indexed by several national and international indexing institutions.
Arjuna Subject : -
Articles 214 Documents
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State’s Protective Measure towards Criminalization of Investigative Journalists Dewantary, Zenny Rezania; Prikasetya, Gratianus
IJCLS (Indonesian Journal of Criminal Law Studies) Vol 5, No 2 (2020): Indonesian J. Crim. L. Stud. (November, 2020)
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v5i2.28110

Abstract

Investigative journalism is a form of news covering activities where the journalists are investigating deeply the information and/or events. Investigative journalism utilizes investigation technique because general methods of journalistic would not suffice, due to the nature of objects being investigated. To that extent, the journalists often face threats and dangers that arise the importance of protective measure by Indonesian State authorities. Using normative-empirical legal research method, this research was conducted to describe the design of legal protection towards investigative journalists. The protective measure towards investigative journalists substantially covered by Journalistic Ethical Code and The Press Law; Registered press company, particularly press company founded as legal entity; Strong role of Press Council in advocating investigative journalists; Article 50 of Indonesian Penal Code as legitimacy of freedom of press; MoUs between Press Council and law enforcers. The implementation in the field requires investigative journalists to uphold carefullness due to the culture of law enforcement in particular and society in general that is still putting criminal law as primum remedium towards press.
Assimilation Rights as a Right of Correctional Citizens: A View of the Indonesian Criminal Justice System Ashraff, Mohamad
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.v6i1.29393

Abstract

The criminal justice system in Indonesia has the final stages in the criminal justice process. Correctional services in carrying out coaching for people convicted in the judicial system which previously adopted a prison system with the intention of making prisoners have a deterrent effect on what he did. Prisoners provide guidance in the correctional institution in accordance with the authority and main duties of the correctional institution, which provides services in the form of fostering people who are undergoing a criminal period to be accepted back into the community The inmates who carry out the guidance have a number of rights granted by the state. The guarantee for the granting of this right has been regulated in a formal legal instrument so that its implementation is a constitutional obligation. Correctional assisted residents have rights, one of which is assimilation. Assimilation is given as a commitment to the correctional model that is formed to achieve social reintegration. The function of a prisoner must be returned to the community in accordance with the ideals of the prison, namely so that the inmates can carry out socialization again to the community. Assimilation given has a number of terms and conditions that apply. At the coaching stage, assimilation is the final stage of coaching, to be ready to be released again and to process socially in the community.
The Challenges and Prospects of ICTs in Crime Prevention and Management in Nigeria: A Review of CCTV Cameras in Abuja Nte, Ngboawaji Daniel; Gande, Graham; Uzorka, Michael
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.v5i1.26393

Abstract

Contemporary Nigeria has witnessed monumental rise in crime wave and in the quest to stem the tide, government has adopted various security policies to secure the lives and property of its citizens in the past, but none of these policies have actually yielded positive results. Human abduction, armed robbery, terrorism, bomb attacks and lots more have been the order of the day in the Country. The study seeks to ascertain the impact of closed circuit television (CCTV) cameras in Abuja metropolis. Six research questions and two hypotheses were formulated to guide the study, related literatures were adequately reviewed. A population of size of 900 was selected out of which a sample size of 300 respondents, which cut across all walks of life, participated in the study. Structured questionnaire was designed and used as instrument for data collection. Data collected were analyzed using direct interpretation of results gotten from respondents. Findings of the research revealed significant relationship between closed circuit television cameras and theory of deterrence, criminal justice, fear of crime, legality, policy formation and regulation of closed circuit television (CCTV). The development of software that can be integrated with the CCTV to display a person’s bio-data on the monitor when captured by the CCTV camera is among other recommendations for further research study.
The Discourse of Procedural Criminal Law on Follow the Money Concept in Indonesian Anti-Money Laundering Act Firdaus, Annas; Arifin, Ridwan
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.v6i1.30726

Abstract

Money laundering is an act attempts to conceal or disguise the origin of money/funds or wealth proceeds of crime through a variety of financial transactions in order to money or possessions that looked as if it came from a legitimate activity or legal. The term money laundering has been known since 1930 in the United States when the mafia buys a legitimate company and officially as one of its strategies. These illicit funds not only could damage the market, but also detriment the market, and always do not contribute towards the long-term economic development and stability of the markets where the fund is hidden. Problems of money laundering in English known as money laundering. Money laundering in Indonesia today has developed so alarmingly and requires serious treatment by law enforcement officials at both the police and the institutions established by the Anti Money Laundering Act, namely Transaction Reports and Analysis Center (INTRAC). This paper is intended to analyze the discourse of procedural criminal law on the following the money concept in the money laundering tracking process. This paper confirmed that some different interpretation and limitation has become one of the problems on money laundering tracking process. Especially on follow the money scheme in procedural criminal law. Moreover, it is also emphasized that some judgments have not enough power because of unclear determination in counting the amount of money laundering and counting the losses.
PARALEGAL EXISTENCE IN PROVIDING ACCESS TO JUSTICE FOR THE POOR IN CENTRAL JAVA Wulandari, Cahya; Wicaksono, Sonny Saptoajie; Khikmah, Umi Faridatul
IJCLS (Indonesian Journal of Criminal Law Studies) Vol 4, No 2 (2019): Indonesian Journal of Criminal Law Studies Vol 4(2), November 2019
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v4i2.21604

Abstract

The lack of Legal Aid Implementers compared to Legal Aid Recipients is expected to hamper access to justice for the poor. Therefore this research aims to provide space for Paralegals especially in the Law Faculty of UNNES to be able to provide free legal assistance outside the court of the poor in Central Java. This research will at least discuss two issues, namely 1) How is the existence of the Law Faculty UNNES Paralegal in a juridical and institutional manner in providing Legal Aid? and 2) What is the role of the Paralegal Faculty of Law at UNNES in providing Legal Aid to the poor in Central Java ?. The method used in this research is sociological juridical with a qualitative approach. The results of this study indicate that currently Paralegals can only carry out non-litigation Legal Aid. This happened because the Supreme Court based on Decision Number 22 P / HUM / 2018 had canceled the Paralegal's role in litigation. The role of Paralegals from UNNES Law Faculty students is as a facilitator or intermediary in accommodating complaints of cases and consultation from Legal Aid recipients to be conveyed to Legal Aid Providers namely lecturers who are members of the Center for Legal Aid Study, while the role of Paralegals from UNNES Law Faculty alumni is as an assistant or who helps Advocates in carrying out non-litigation Legal Assistance such as mediation, consultation, negotiation, advocating cases outside the court and making trial files. The provision of legal aid by the Paralegal is considered to be very helpful for Lecturers and Advocates in fulfilling access to justice for the poor.
REVERSAL EVIDENCE POLICY ON CORRUPTION AS SPECIALIZATION OF CRIMINALIZATION Sumardiana, Benny
IJCLS (Indonesian Journal of Criminal Law Studies) Vol 2, No 2 (2017): November 2017 Indonesian Journal of Criminal Law Studies
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v2i2.12323

Abstract

Corruption is an extraordinary crime, because corruption happens in all areas of life, and has been done systematically, accordingly extraordinary action is required. To overcome with the occurrence of various type of corruption that required a special strategy.In this article, the authors use normative juridical approach method, that is by doing observation and then review and analyze secondary data in the form of legal materials, especially primary law materials and secondary legal materials. The collected data, both qualitatively and quantitatively, is further classified according to the data types. After that, the results of the study are arranged in a systematic and coherent manner, using problem studies that are specific to take the basics of general knowledge. The conclusion will be drawn in response to the issues that raised in this paper.The legislation that has been regulated the reverse evidence of corruption is considered to be ineffective, in several regulationabout corruption, only gratification acts that embrace pure inverse evidence, while others are not purely adherent, whereas the effectiveness of the system of reversal of the burden this evidence is very good if it can be implemented properly and based on strict rules, the problem that concerned in this study is, the contradiction between the presumption of innocence principle and the presumption of guilt principle underlying this evidentiary system.The ideal concept offered in this study is, with the renewal in the setting of the eradication of corruption, and ultimately embraces the reversal of the burden of evidence purely in the corruption trial by considering the concept of equilibrium.
Child Sexual Abuse in Indonesia: History and Challenge in Legal Perspective Octaviana, Setyarini Nur
IJCLS (Indonesian Journal of Criminal Law Studies) Vol 4, No 1 (2019): May 2019 Indonesian Journal of Criminal Law Studies
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v4i1.19613

Abstract

A case of child sexual abuse has become a common case among the community. The fundamental question was why the case it could not be eradicated and what is the basis of the person doing the Act of harassment was primarily in children. In the journal this time will discuss that question and analyze the appropriate punishment to the perpetrators so that deterrent, analyzes the impact of psychological casualties and challenge what we will encounter when trying to eradicate the case. Cases of sexual abuse have been around some of the last decade and became the most widely performed case, estimated the year 1970 was the initial disclosures of sexual abuse in children. It can be seen from the year the case was started and why we can't stop it the case was there first. Judith Lewis Herman in his book says that children who have become victims of abuse and trauma will tend to do it to others as adults later. It's like a cycle to continues, our task in tackling these cases is finding a way to keep people who have become victims can recover from trauma and break that cycle.
KEBIJAKAN APLIKATIF PEMBERATAN PIDANA BAGI PELAKU PENGULANGAN TINDAK PIDANA Sutanti, Rahmi Dwi
IJCLS (Indonesian Journal of Criminal Law Studies) Vol 2, No 1 (2017): Mei 2017 Indonesian Journal of Criminal Law Studies
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v2i1.10814

Abstract

Penelitian ini bertujuan untuk melihat ketentuan sistem pemidanaan bagi pelaku pengulangan tindak pidana; dan kebijakan aplikatif pemberatan pidana bagi pelaku pengulangan tindak pidana. Metode penelitian yang digunakan adalah Yuridis Normatif. Hasil penelitian menunjukkan ketentuan sistem pemidanaan bagi pelaku pengulangan tindak pidana dirumuskan tidak hanya dalam KUHP tetapi juga undang-undang di luar KUHP. Hal ini juga merupakan konsekuensi karena dalam sistem pemidanaan pengaturan recidive tidak masuk dalam ketentuan umum. Meskipun sudah diatur dalam undang-undang tersendiri, dalam beberapa undang-undang di luar KUHP rumusan ketentuan recidive ditemukan masih multi tafsir dan berpotensi menimbulkan masalah yuridis. Sedangkan kebijakan aplikatif pemberatan pidana bagi pelaku pengulangan tindak pidana dapat dilihat dari analisis beberapa putusan hakim berkaitan dengan recidive. Untuk dapat disimpulkan bahwa pelaku memang benar melakukan recidive maka diperlukan bukti-bukti yang jelas, tidak hanya mengandalkan keterangan pelaku. Hal ini berkaitan dengan penambahan ancaman maksimum pidana sesuai dengan yang diamanatkan oleh undang-undang. Oleh karena itu dalam penerapannya dibutuhkan kecermatan dan ketepatan dari para aparat penegak hukum.The aims of this research is to look at the provisions of the punishment system for perpetrators of repetition of criminal acts; And applicable criminal levying policies for perpetrators of repeat offenses. The research method used is Juridical Normative. The results of the study show that the provision of punishment system for perpetrators of repetition of crime is formulated not only in the Criminal Code but also laws outside the Criminal Code. This is also a consequence because in the system of punishment the recidive arrangements are not included in the general provisions. Although it is set out in a separate law, in some laws outside the Criminal Code the formulation of recidive provisions is found to be multi-interpretive and potentially lead to juridical issues. While applicable criminal levy policies for perpetrators of repetition of crime can be seen from the analysis of some judge decisions related to recidive. To be concluded that the perpetrator is indeed doing recidive then required clear evidence, not just rely on the perpetrator's description. This relates to the addition of the maximum criminal threat as mandated by law. Therefore, in its application requires the precision and accuracy of law enforcement officers.
Constitutional and Legal Framework of Women Empowerment in India Behera, Ashok Kumar
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.v6i2.29463

Abstract

Our Constitution as ultimate law of territory and sufficient of legislations tried to reorganize their surroundings and supply assistance for security and their upliftments.  The study is an attempt to review and fall out that there is complete constitutional and other legal arrangement to deal with issues of women empowerment. However, this research paper is limited to some legal provisions and interpretations of Indian Courts only. The jurisprudence of industrialization has confirmed the very important roles as tool of social justice. Equal Remuneration Act 1976 passed with the aim of equal pay for equal work both man and woman and contained that there will be no intolerance against employment of woman and promotes chance to them. Maternity Benefit Act 1961 provides protection to women workers maternity leave, extra leave for child infancy sufficient awareness to their security and strength of woman during pregnancy and lactation. Factories Act 1948 makes comprehensive requirements concerning health, safety and welfare of employment of women. Sec.25 of Beedi and Cigar Workers (Condition and Employment) Act 1966 laid down no woman shall be obligatory to manufacturing premises except between 6 a.m. and 7 a.m. and to make sure for safety of woman. 
RELEVANSI YURIDIS MEDIASI PENAL DALAM PENYELESAIAN TINDAK PIDANA PADA MASYARAKAT SUKU SAMIN Winarsih, Winarsih; Wulandari, Cahya
IJCLS (Indonesian Journal of Criminal Law Studies) Vol 1, No 1 (2016): November 2016 Indonesian Journal of Criminal Law Studies
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v1i1.10801

Abstract

Masyarakat Suku Samin merupakan masyarakat adat yang mempunyai perilaku menyimpang dari tradisi masyarakat lain di Indonesia, seperti membangkang dan tidak patuh terhadap pemerintah. Keyakinan orang Samin dalam menjalani kehidupannya yang masih berpegang teguh terhadap nilai dan budaya mengakibatkan Suku Samin mempunyai karateristik yang berbeda dengan yang lain, termasuk dalam tata cara penyelesaian tindak pidana yang tidak menggunakan jalur pengadilan. Penelitian ini bertujuan: Pertama, menggambarkan mediasi penal yang selama ini dijalankan oleh masyarakat Suku Samin. Kedua, mendeskripsikan relevansi yuridis mediasi penal yang dilakukan oleh masyarakat Suku Samin. Metode yang digunakan dalam penelitian ini adalah yuridis sosiologis dengan pendekatan kualitatif serta sumber data primer dan sekunder. Sedangkan dalam menganalisis data penulis menggunakan teknik triangulasi yang digunakan untuk membandingkan hasil wawancara dengan isi suatu dokumen yang berkaitan dengan penelitian.  Hasil penelitian pertama, mediasi penal selama ini dijalankan oleh masyarakat Desa Klopoduwur terhadap semua jenis tindak pidana, baik tindak pidana yang terjadi di intern Suku Samin, maupun tindak pidana yang dilakukan oleh masyarakat pada umumnya dengan tata cara yang berbeda. Kedua, berdasar Pasal 42 ayat (2) dan ayat (3) RKUHAP (Rancangan Kitab Undang-Undang Hukum Acara Pidana) mediasi penal yang dilakukan dapat diakui akan tetapi hanya untuk beberapa tindak pidana seperti tercantum dalam Pasal 42 ayat (3) RKUHAP. Dalam RKUHP (Rancangan Kitab Undang-Undang Hukum Pidana) mediasi penal yang dilakukan di Desa Klopoduwur dapat dikualifikasikan dalam Pasal 145 jo Pasal 146 RKUHP. Tribal community of Samin are an indigenous community who have deviant behavior of the tradition from the other communities in Indonesia, such as insubordination and disobeying toward the government. Samin belief in living life that still cling to the values and culture resulted in Samin tribe has different characteristics with the others, including the procedures for the settlement of criminal offenses that do not use the courts procedures. This research aims to: The first, to describe the penal mediation used in Samin tribe. The second, to describe the relevance of the juridical-penal mediation conducted by Samin tribe. The method used in this research is juridical sociological with a qualitative approach as well as primary and secondary data sources. Meanwhile the authors analyzed data using triangulation techniques which used to compare the results of interviews with the contents of a document relating to this research. The results from this reseach are: the first penal mediation has been used by the community of Klopoduwur for all types of crime, both offenses occurred in internal Samin tribe, as well as criminal acts committed by the society in a manner that is different. The second, under article 42 paragraph (2) and (3) RKUHAP (Draft of Criminal Court Procedure) penal mediation conducted can be recognized but only to some of criminal offenses as listed in article 42 paragraph (3) RKUHAP. In RKUHP (Draft of Criminal Code) penal mediation conducted can be qualified at article 145 in conjunction with article 146 RKUHP. 

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