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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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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.
CRIMINAL ENFORCEMENT FOR CHILDREN IN PROGRESSIVE STUDIES Khasna, Hardanti Widya
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.v3i1.17102

Abstract

This research has a purpose to know how exactly the implementation of crime against children under age that occurred in Indonesia, viewed from the of progressive law. The method of research used in this research is qualitative method with normative juridical approach. In this research can be determinated the result that in the enforcement of crime for children under age, the process is different with criminal law enforcement in general. From the settlement of the case as soon as possible, the investigator must be a child-specific investigator, the child's examination is conducted in a familial atmosphere, and the investigator is required to seek advice from the Counselor. This is in accordance with what has been mandated in Law Number 35 Year 2014 on the Amendment of Law Number 23 Year 2002 on Child Protection. In the future wish that society and goverment understand the meaning of real justice, that in the child crime, there is a value that need to be prioritised called restorative justice.
THE STUDY OF MUTUAL LEGAL ASSISTANCE MODEL AND ASSET RECOVERY IN CORRUPTION AFFAIR Rustamaji, Muhmmad; Santoso, Bambang
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.v4i2.18719

Abstract

The release of Indonesia Corruption Watch stated that the value of state losses due to corruption cases increased significantly from 2016 to 2017. Through Sociolegal research, this study utilizes a purposive random sampling technique. Data collection techniques used in-depth interviews, observation, documentation and Focus Group Discussion. The data analysis technique uses Miles and Huberman’s interactive analysis. Based on the new mechanism, this study succeeded in revealing the positive aspects of the regulation of seizure of assets resulting from corruption in foreign countries based on the Mutual Legal Assistance Agreement. The research produced findings on the functioning of law enforcement agencies and related institutions in Indonesia in an effort to seize assets resulting from corruption and money laundering stored abroad. In more detail, based on the conception of the reality of cooperation, it is known that in the context of eradicating criminal acts of corruption, failure to return assets resulting from corruption can be said to reduce the 'meaning of punishment' against corruptors. The development of such thinking implies that the eradication of corruption lies not only in the prevention and punishment of corruptors, but also includes actions that can restore asset recovery due to extraordinary crimes. Deprivation of assets resulting from corruption is primarily carried out abroad through Mutual Legal Assistance is a mechanism of international cooperation relating to investigations, prosecutions, and hearings in court proceedings in accordance with the provisions of the state legislation requested
REVOCATION OF RIGHTS TO BE ELECTED AND VOTE FOR A CONVICTED OF CORRUPTION Ardiansyah, Denny
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.v2i2.12318

Abstract

The criminal act of corruption is a criminal act that has an extra ordinary impact on the stability of the nation and state. Because the impact of these crimes is very systemic and make enormous losses in the state finance sector. Some cases occurred an ex-convict corruption case, when it was out of running his penalty, it turns out to be more officials in the environment of his service. The purpose of this study is first to examine or analyze the formulation policy of revocation of the right to be elected and vote for convicted corruption, secondly To review or analyze the policies that can be applied in the formulation in the future. The research method used in this legal research is juridical-normative, with a policy-oriented approach. The model of analysis is Juridical Comparative, and also conducts Prescriptive Juridical Analysis. The first result of research Whereas basically the regulation concerning additional crime in the form of revocation of certain rights including the right to be elected and vote has been regulated in criminal code (KUHP) and constitution No 31 of 1999 about eradication of corruption crime. Secondly that although there has been renewal in RUU KUHP (Draft of Criminal Code) 2012 on additional criminal provisions can stand on its own, but with regard to the right to vote and to be elected is still unclear, so there is still a gap for criminals who finish criminal can become public officials again.
THE APPLICATION OF PARTICIPATED DOCTRINE IN CORRUPTION (STUDY OF DECISION ON CORRUPTION CRIMINAL ACT COURT AT IA JAYAPURA DISTRICT COURT) Rohrohmana, Basir
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.v2i1.10811

Abstract

Decision of Criminal Act of Corruption Court at the IA Jayapura District Court Number 05/Pid.Sus-TPK/2015/PN.Jap, and (2) Decision Number 06/ Pid.Sus-TPK/2015/PN.Jap. Both decisions show the application of participated doctrine, both in the indictment, the prosecution of the prosecutor, and the basis of the judge's judgment to result the decisions to the offenders. There are 2 (two) findings to be disclosed in the analysis of these decisions are (1) the participated doctrine which is applied apparently in their application are within separate prosecution areas between the two indictments, thereby treating the participants in the participated doctrine equally with the independent offender, even impressed as a convergence offense, (2) with prosecution in the indictment, the prosecutor and judge in applying the participated doctrine in these two decisions tend to be restrictive in view that the offender is compared to the dader not as part of the producer's entity (verzamen term) in which there are qualities of offenders who can be distinguished between pleger, doenpleger, medepleger, uitlokker or medeplichtigheid.
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.
Measuring the Factor of the Criminal Action of Corruption (Case Study of Criminal Acts of Corruption in the Environment of Legislative Authority) Gunawan, Tri Agus; Hakim, Sholihatul
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.v4i1.18748

Abstract

With the spirit of reform, it gives extraordinary power and authority to legislative members in line with their duties and functions based on the mandate of the constitution such as the functions of legislation, budgetary functions, and supervisory functions. With the current power and authority of legislative members, they often do not fully carry out the people's mandate, but injure the people's mandate with the capture of several legislative members in the vortex of corruption cases. This study attempts to analyze these causes that make corruption continue to occur in the legislative power environment while providing solutions that are fundamentally changes in our constitutional system This study uses normative legal research methods by examining primary legal materials, namely relevant laws and regulations and secondary legal materials in the form of library studies and also by utilizing quantitative data. The purpose of this study is to examine the fundamental factors causing the widespread of corruption cases that ensnare the legislative members when various regulations and criminal sanctions have often been imposed on convicted corruption before and do not have deterrent effects. The hypothesis that is temporarily built is that the authority/duties of legislative members, the high salary received now and also the policy of raising criminal sanctions are not effective in tackling corruption and this is the focus of the study in this study.
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.
STUDY OF PENAL AND NON-PENAL APPROACH ON PREVENTION OF CORRUPTION IN INDONESIA Aini, Qurrotu
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.v3i2.17170

Abstract

Criminal policy can be interpreted in the narrow sense that criminal politics is described as a whole principle and method, which is the basis of the reaction to violations of laws in the form of criminal. And in a broad sense this is the overall function of law enforcement officials, including the workings of the court and the police. While in the broadest sense it constitutes the whole policy, which is carried out through legislation and official bodies that aim to uphold the central norms of society. Factors Underlying the Occurrence of Corruption Crime: a) Lack of salary for Civil Servants compared to needs that are increasingly increasing. b) Background of Indonesian culture or culture which is the source or cause of widespread corruption. c) Poor management and less effective and efficient controls that will provide opportunities for people to corruption. d) Modernization breeds corruption. Briefly the causes of corruption include 5 (five) aspects, namely: a) Individual Aspects of Actors, b) Aspects of Organizations / institutions, c) Aspects of society, d) Aspects of law enforcement and legislation, and e) Political Aspects. Efforts to prevent corruption through legal policies with means of reasoning and non-reasoning. Penal facilities include, a) Criminal Law Book (wetboek van Strafrecht) January 1, 1918; b) WvS in the 1915 Staatblaad Number 752 dated 15 October 1915; c) Law number 74 of 1957 in conjunction with Law Number 79 of 1957, d) Provisional Constitution of 1950, e) Government Regulation in lieu of law Number 24 of 1960 concerning Investigation, Prosecution and Corruption Criminal Investigation, f) Law number 1 of 1960, g) Law Number 24 Prp of 1960 concerning Investigation, Prosecution and Corruption Criminal Investigation, h) Law Number 3 of 1971 concerning Eradication of Corruption Crime; i) MPR XI / MPR / 1998 Tap concerning the implementation of a clean and free country of corruption, collusion and nepotism; j) Law number 28 of 1999 concerning State settlements which are clean and free of KKN which includes provisions on criminalization of collusion and nepotism offenses, k) Law number 31 of 1999 concerning the eradication of criminal acts of corruption, l) Law number 20 of 2001 concerning amendments to Law Number 31 of 1999 concerning the Eradication of Corruption Crimes that took effect from 21 November 2001, m) Law Number 30 of 2002 concerning the Corruption Eradication Commission. Efforts to deal with non-criminal crimes can be in the form of: a) Non-criminal prevention (Prevention without punishment), b) Influencing the public's view of crime and punishment through mass media (influencing views of society on crime and punishment mass media).Keywords: corruption, reason, nonpenal
An Analysis of Indonesian Children Repratriation in Syria Sasmito, Poerwoko Hadi; Harefa, Beniharmoni
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.v5i1.25329

Abstract

Some Indonesians in refugee camps in Syria state they want to return to Indonesia. The plan to repatriate the Indonesian ex-ISIS then raises the pros and cons. Some consider that Indonesian citizen who have joined ISIS deserve to be given the opportunity to improve themselves and have a right to be returned to Indonesia if they really want to repent. Some are worried that the repatriation of Indonesian citizen who join ISIS would create new problems in Indonesia. The problem is that among them there are dozens of children, and they are not combatants who took up arms against Iraq and Syria. They just follow where their parents go. Using the normative juridical study method, this paper explains the potential impact that can arise on national security if the Indonesian government adopts a policy of repatriating Indonesian children who used to join ISIS. The results in this study then provide a prescription that should be carried out by the Indonesian government towards Indonesian children who used to join ISIS

Page 13 of 22 | Total Record : 214

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