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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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Legal Protection of Children in Armed Conflict in the View of International Humanitarian Law Mangku, Dewa Gede Sudika; Yuliartini, Ni Putu Rai
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.v6i1.27836

Abstract

In an armed dispute, the protected persons include combatants and the civilian population. Combatants who have horse de combat status must be protected and respected in all circumstances. Combatants who fell into enemy hands gained the status of prisoners of war. Protection and rights as prisoners of war are regulated in Geneva Convention III of 1949. Meanwhile, civilians are entitled to protection as regulated in Geneva Convention IV of 1949. The legal protection given to children is more focused on the consequences of armed disputes that will affect or affect children. As part of the civilian population, children who do not participate in hostilities receive general protection without any adverse distinction based on ethnicity, nationality, religion, or political opinion, and are intended to alleviate the suffering caused by war
MALADMINISTRATION IN CORRUPTION CASE: A STUDY OF LIMITATION ON THE CRIMINAL ACTION Guslan, Odie Faiz
IJCLS (Indonesian Journal of Criminal Law Studies) Vol 3, No 2 (2018): November 2018 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.v3i2.13249

Abstract

This study aims to determine the boundaries between implementing a government agency (bestuurhandeling) that harms quality state finances as maladministration or is a criminal act of corruption. Normative juridical research methods. The results of the study show that not all companies are carried out by public officials who are financial sources of corruption. In determining the boundaries between acts of maladministration and acts of the body or government officials must avoid discretionary actions that contain legal ribbons such as: fraud (deception), manipulation, misdirection (misrepresentation), concealment of facts, breach of trust, subterfuge (subfunction), or circumvention of regulations (illegal violations).
Legal Protection of Street Children for Exploitation in Criminal Law Perspectives Syuhada, Esa Arung
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.v5i1.25327

Abstract

Article 34 paragraph 1 of the 1945 Constitution states that "the poor and neglected children are maintained by the state. The research method uses normative law, specifications of descriptive analytical research, primary data sources and additional data sources, primary data collection methods and secondary data sources, the method of presenting data is descriptive analytical, data analysis methods of legal material analysis techniques using content analysis.Research results show that the factors that cause the emergence of street children in the Kendal area are economic factors, unemployment, low parent income. The efforts of Kendal District Social Service in handling street children formally and non-formally in Kendal are Preventive Efforts, Repressive Efforts, Rehabilitation Efforts. Legal protection for street children who commit criminal acts committed by street children in the Kendal area, handling is done through open houses. To provide alternatives other than open houses, other forms of opportunity use criminal sanctions as a last resort. street children who do the shopping on the road can be arrested. Then it is accommodated and then given a kind of action (maatregel) with the judge's decision entered into a special penitentiary or rehabilitation institution
COMMUNITY PARTICIPATION IN COMMUNITY DIVERSION PROGRAM Ayuningtyas, Paramta
IJCLS (Indonesian Journal of Criminal Law Studies) Vol 3, No 1 (2018): May 2018 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.v3i1.17099

Abstract

Community Members had been participated in CDP as participant of fammily group discussion, guidance, supervision and empowerment of offender fammily. This research had purposes to know how important Community Members (Community Leaders, Religious Leaders, and Teacher) had been participated in Community Diversion Program (CDP) as effective solution to solve Juvenille Delinquency and how its community participation model on running CDP. The method used in this research is qualitative method and socio legal approach. In this research can be concluded that Community Members had important roles in CDP as partner of Parole Officer and other Law Enforcement Apparatus to held Community Based Corrections (CBC), is all about activities which refered to therapy program, supports, and supervision for offender. Partnership Model is community participation model which took high level of community participation in development program, such as CDP. So Community Diversion Program could be alternative solution to increase effectiveness of law enforcement in Juvenile Justice System in Indonesia, those effectiveness are decreasing number of recidivism and law enforcement resulted justice, utility and certainty
URGENCY OF REGULATION REFORM OF BRIBERY OFFENCE AT PRIVATE SECTOR IN INDONESIA Umari, Nabila Ayu; Lukitasari, Diana; Ismunarno, Ismunarno
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.v4i2.21745

Abstract

COMMUNITY OF CHILDREN INMATES AND ASSISTANCE SYSTEM IN THE PENITENTIARY: The Impact of Child Social System to the Assistance Process at Kutoarjo Children Penitentiary Utari, Indah Sri
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.v2i2.12317

Abstract

The community of inmates children as a unique and unique social system is difficult to understand when viewed only from the outside, so it is necessary to systematically attempt to know the values, norms, relationships, and objectives-through where and with what they are living, and understand both their own experiences and the world in which they liveThe situational system of the inmates children as human beings (although in this case is the child) to be fostered, is one of the important elements in the whole process of assistance in the Penitentiary is no exception to the Children Penitentiary in Kutoarjo. The entire penitentiary system design, from the assistance program, the assistance mechanism, and the assistance implementation, is actually determined by the circumstances and the reality of the people who are to be fostered, the inmates.The reality of the children inmates who are always on the "social order" in their various communities is essentially constantly changing. Specifically, this study finds links between: the institutional reality of a children penitentiary, which includes the factual circumstances concerning facilities and infrastructure, and the administrative aspects of KutoarjoChildren Penitentiary. The reality of the member of KutoarjoChildren Penitentiaryin the form of identified number of occupants, placement systems, and formal and informal groupings of the targeted children in addition to the build and formed a community of the assisted children in KutoarjoChildren Penitentiary and the basic elements of the Social System of the Auxiliaries in all the community of assisted children and etc.As Soerjono Sukanto said that even though human "convicts" live in a confined state, they instinctively want to interact with fellow inmates. This instinct is referred to as "gregariousness" (Soekanto: 1998: 73), which in the last instance will give birth to so-called "social groups". In this context created social structure, social system, norms and so on.
Juvenile Delinquency Criminogenic Factor Rufiatun, Indah
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.v6i2.33919

Abstract

Children often commit unlawful acts. The causative factors of juvenile delinquency need to be known to prevent the occurrence of juvenile delinquency in the future. The purpose of this study was to explain the criminal forms of juvenile delinquency and explain the criminogenic factor juvenile delinquency. The type of research used is criminology research. Data sources are obtained from interviews, questionnaire deployments, and literature studies. The results showed that juvenile delinquency in Jepara Regency, in 2019 and 2020, in terms of crime decreased, but in terms of the severity of crimes committed by children increased. Encouragement from within the child and the surrounding environment that is less harmonious causes the child to do juvenile delinquency.
UPAYA PENGEMBALIAN ASET KORUPSI YANG BERADA DI LUAR NEGERI (ASSET RECOVERY) DALAM PENEGAKAN HUKUM PEMBERANTASAN KORUPSI DI INDONESIA Arifin, Ridwan; Utari, Indah Sri; Subondo, Herry
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.v1i1.10810

Abstract

Keberhasilan dalam pengembalian aset hasil tindak pidana korupsi menjadi salah satu indikator keberhasilan dalam upaya pemberantasan korupsi di Indonesia. Tren korupsi yang lintas negara dan melibatkan banyak aktor, menyebabkan upaya pengembalian aset (asset recovery) menjadi tidak mudah. Paper ini bertujuan untuk mengkaji tiga hal penting, yakni: (1) upaya pengembalian aset hasil korupsi yang berada di luar negeri, (2) peran lembaga negara dan aparat penegak hukum, dan (3) faktor hambatannya. Penelitian paper ini menggunakan pendekatan yuridis sosiologis, penelitian kualitatif dengan spesifikasi penelitiannya deskriptif analitis, teknik pengumpulan data dengan cara wawancara dan dokumentasi. Paper ini menggarisbawahi bahwa p pengembalian aset dapat dilakukan melalui jalur formal dengan MLA dan informal melalui hubungan diplomatik. Tahap pengembalian aset terdiri atas: (1) identifikasi dan penelusuran, (2) proses hukum, dan (3) perampasan aset. Hambatan dalam pengembalian aset meliputi sistem hukum yang berbeda, lemahnya putusan hakim, kemauan politik pemerintah, dan berlakunya asas kerahasiaan bank di beberapa negara. Permasalahan yang muncul dalam pengembalian aset bisa diatasi dengan perjanjian bilateral, meningkatkan kompetensi aparat penegak hukum, dan memantapkan aturan dan sarana prasarana pendukung. Peran pemerintah baik Kejaksaan Agung, NCB Interpol Indonesia, KPK, Kemenkumham, dan Kemenlu, semuanya saling mendukung satu sama lain dalam upaya pengembalian aset sesuai dengan aturan hukum yang berlaku. Paper ini menyimpulkan bahwa dalam pengembalian aset membutuhkan kerjasama antar lembaga dan aparat penegak hukum baik yang berada di dalam maupun di luar negeri.One of aimed indicators on corruption eradication in Indonesia is the successful of assets recovery. Trend of corruption that cross border nations and involved many actors caused the assets recovery process was not easy to be done. This paper would examine three main points: (1) the effort of corrupted asset which save abroad; (2) roles of state institutions and law enforcement officers on assets recovery; and (3) the obstacles on assets recovery. The paper used a socio-legal approach, qualitative research with descriptive analytical research specifications, and techniques of data collection through interviews and documentation methods. This paper was underlined that assets recovery can be optimized by two ways, one of formal track through MLA and other is informal track with diplomatic relations. The process of assets recovery started from (1) identify and trace, (2) legal proceedings, and until (3) repatriate. The obstacles on asset recovery was concerning to a different legal system, a weakness of judicial verdict, good and political will of government, and the implementation of bank secrecy principle in some countries. Some problems faced in assets recovery process resolved by conducting bilateral agreements, improving the competence of law enforcement officers, and establishing the rules and supporting infrastructure. The roles of government, whether it’s Attorney General, National Central Bureau Interpol Indonesia, KPK, Kemenkumham, or Kemenlu, all of which mutually support one another in an effort to return the assets in accordance with the rules of the applicable law. This paper concluded that the asset recovery requires cooperation between institutions and law enforcement agencies both within and outside the country.
The Concept of Corporate Criminal Liability in the Law on Information and Electronic Transactions Rahayu, Hartoto Suci; Lukitasari, Diana
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.v6i1.29501

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.
Analysis of The Probability of Money Laundering Crimes toward the Development of Crypto-currency Regulations in Indonesia Muttaqim, Muttaqim; Apriliani, Desi
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.v4i1.18714

Abstract

Cryptocurrency is done instantly, so it does not require a third party (the central bank as the holder of moneter policy). All transactions in the Cryptocurrency system will be collectively verified in a private network. Today Cryptocurrency transaction activities are prohibited in Indonesia in line with the issuance of Bank Indonesia Regulation number 18 of 2016 concerning the Implementation of Payment Transaction Processing. Taking into account that the clarity of the Cryptocurrency system is not very good and is still in the government assessment stage even though it is noted that the exchange rate of virtual currencies is very high, in 2017 the price of one Bitcoin is closed equivalent to 4,224 US dollars or around Rp. 56,000,000, with market capitalization (Marketcap) for 71.5 billion US dollars, equivalent to Rp. 954 trillion which makes investors choose to challenge inventories on Cryptocurrency or digital currency rather than investing in safe havens such as gold or bonds. This study will discuss how Cryptocurrency can provide potential money laundering criminal offenses in the form of digital transaction systems and how the regulations are developed. Given the legal conditions for proving money laundering crimes originating from criminal acts of corruption often find it difficult, especially against Cryptocurrency as a currency that is not recognized in Indonesia and the peer-to-peer nature that increasingly makes Cryptocurrency very private and difficult to trace.

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