INDONESIAN JOURNAL OF CRIMINAL LAW STUDIES
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.
Articles
214 Documents
<![CDATA[REFORMULATION OF THE CRIMINAL LIABILITY AS AN ACTOR OF ONLINE PROSTITUTION: A NORMATIVE STUDY ]]>
<![CDATA[Juita, Subaidah Ratna]]>
<![CDATA[ IJCLS (Indonesian Journal of Criminal Law Studies) Vol 2, No 2 (2017): November 2017 Indonesian Journal of Criminal Law Studies ]]>
Publisher : <![CDATA[Universitas Negeri Semarang (UNNES) ]]>
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DOI: 10.15294/ijcls.v2i2.12320
<![CDATA[One of the rational efforts used to tackle online prostitution activity is with the approach of criminal law through criminal law formulation as a concrete form of criminal responsibility to the perpetrators of online prostitution. There is no provision that regulates the criminal to the users of online prostitution services because of the maximum prevention of online prostitution itself. If there is no national regulation governing the matter, online prostitution users will feel secure and remain free to buy services for their satisfaction alone, while it is contrary to various aspects of norms in the ethical norms of society. Therefore a criminal law is required, related to criminal liability for users of online prostitution services. The method used is normative juridical, ie by examining or analyzing secondary data using basic materials, with legal sense as a set of rules or positive norms in the legislation system that regulates prostitution online, as well as using secondary legal materials, and tertiary. So this research is library research (library research), that is research to secondary data. Thus, the juridical-normative approach in the study is used to analyze issues relating to criminal law reform regarding criminal liability to online prostitution actor.]]>
<![CDATA[Criteria of Bad Debt at National Banks That Have an Implication for Corruption ]]>
<![CDATA[Parhusip, Rudhy]]>
<![CDATA[ IJCLS (Indonesian Journal of Criminal Law Studies) Vol 4, No 1 (2019): May 2019 Indonesian Journal of Criminal Law Studies ]]>
Publisher : <![CDATA[Universitas Negeri Semarang (UNNES) ]]>
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DOI: 10.15294/ijcls.v4i1.18941
<![CDATA[Banking is closely related to risk management as seen in Bank Indonesia Regulation number 11/25/2009 concerning Amendments to Bank Indonesia Regulation (PBI) Number: 5/8/2003 concerning Application of Risk Management for Commercial Banks. In Article 1 number 4 PBI 11/25/2009, explained risk is the potential loss due to the occurrence of certain events. The types of risks that might occur, are described in Article 4 PBI: 11/25/2009 namely Credit Risk, Market Risk, Liquidity Risk, Operational Risk, Legal Risk, Reputation Risk, Strategic Risk and Compliance Risk, but law enforcement officials cannot distinguish whether a state loss is the result of a Business Judgment Rule (BJR) or indeed an illegal act, focus on a state financial loss.]]>
<![CDATA[MENYOROT PUTUSAN MAHKAMAH KONSTITUSI NOMOR 25/PUU-XIV/2016 TERKAIT UNSUR “DAPAT MERUGIKAN KEUANGAN ATAU PEREKONOMIAN NEGARA” DALAM PERKARA KORUPSI ]]>
<![CDATA[Aryaputra, Muhammad Iftar]]>;
<![CDATA[Heryanti, B. Rini]]>;
<![CDATA[Astanti, Dhian Indah]]>
<![CDATA[ IJCLS (Indonesian Journal of Criminal Law Studies) Vol 2, No 1 (2017): Mei 2017 Indonesian Journal of Criminal Law Studies ]]>
Publisher : <![CDATA[Universitas Negeri Semarang (UNNES) ]]>
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DOI: 10.15294/ijcls.v2i1.10812
<![CDATA[Salah satu unsur delik (delik bestadell) yang terdapat dalam Pasal 2 ayat (1) dan Pasal 3 UU No 31 Tahun 1999 tentang Pemberantasan Tindak Pidana Korupsi adalah “dapat merugikan keuangan atau perekonomian negara”. Dengan demikian, harus dimaknai bahwa kerugian negara dalam kedua pasal aquo bisa nyata (actual loss) maupun baru sebatas potensi (potential loss). Pasca keluarnya Putusan Mahkamah Konstitusi No. 25/PUU-XIV/2016, unsur kerugian negara dalam kedua pasal aquo harus berupa kerugian yang nyata (actual loss). Hal ini disebabkan Mahkamah Konstitusi menilai bahwa kata “dapat” dalam kedua pasal aquo bertentangan dengan UUD NRI Tahun 1945 (inkonstitusional) dan tidak memiliki kekuatan hukum mengikat. Permasalahan dalam penelitian, yaitu: (1) Bagaimana kedudukan unsur (bestandeel) kerugian keuangan negara dalam perkara korupsi sebelum dan setelah keluarnya Putusan MK Nomor 25/PUU-XIV/2016?; (2) Bagaimana prosedur penegakan hukum terhadap tindak pidana korupsi pasca keluarnya Putusan MK Nomor 25/PUU-XIV/2016? Penelitian ini adalah penelitian hukum normatif, dengan data sekunder sebagai data utama. Penelitian yang dilakukan terfokus pada Putusan MK No. 25/PUU-XIV/2016. One of the elements of the offense contained in Article 2 verse (1) and Article 3 of Law No. 31 of 1999 on Corruption Eradication is "can be detrimental to the finances or the economy of the country". Thus, it should be understood that the loss to the state in both passages quo It can be actual loss or potential losses. Post-discharge Constitutional Court Decision No. 25 / PUU-XIV / 2016, the state loss in both passages quo should be a real loss (actual loss). This is due to the Constitutional Court considered that the word "may" in the second chapter NRI quo contrary to the Constitution of 1945 (unconstitutional) and does not have binding legal force. The research problem, namely: (1) The position of the element losses to the state in a corruption case before and after the release of Constitutional Court Decision No. 25/PUU-XIV/2016?; (2) How does law procedure enforcement against corruption after the release of Constitutional Court Decision No. 25/PUU-XIV / 2016? This research is a normative law, with secondary data as the main data. Research conducted focused on the Constitutional Court ruling No. 25/ PUU-XIV/2016. ]]>
<![CDATA[The Discourse of Procedural Criminal Law on Follow the Money Concept in Indonesian Anti-Money Laundering Act ]]>
<![CDATA[Firdaus, Annas]]>;
<![CDATA[Arifin, Ridwan]]>
<![CDATA[ IJCLS (Indonesian Journal of Criminal Law Studies) Vol 6, No 1 (2021): Indonesian J. Crim. L. Stud. (May, 2021) ]]>
Publisher : <![CDATA[Universitas Negeri Semarang (UNNES) ]]>
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DOI: 10.15294/ijcls.v6i1.30726
<![CDATA[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.]]>
<![CDATA[The Problematic Issue of Sharia Court’s Absolute Authority under Indonesia Judicial System ]]>
<![CDATA[Hastuti, Luthfiyah Trini]]>;
<![CDATA[Mayastuti, Anti]]>;
<![CDATA[Lukitasari, Diana]]>
<![CDATA[ IJCLS (Indonesian Journal of Criminal Law Studies) Vol 5, No 2 (2020): Indonesian J. Crim. L. Stud. (November, 2020) ]]>
Publisher : <![CDATA[Universitas Negeri Semarang (UNNES) ]]>
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DOI: 10.15294/ijcls.v5i2.28111
<![CDATA[The amendment of the Sharia Court position within the Indonesia’s public court jurisdiction is contained in Article 27 of Law Number 48 of 2009 concerning Judicial Powers where the existence of the Sharia Court is no longer stated to be included in the scope of the special court within this law. The amendment set different tone from what is contained in Law No. 4 of 2004 which in the elucidation of Article 15 states that, the Sharia Court is part of a special court. The problematic issue of Sharia Court’s absolute authority in Aceh province under Indonesia judicial system is also the main study discussed in this article. At the end of the article, suggestions for improvement are also presented in order to strengthen the position of the Sharia Court in Indonesia judicial system.]]>
<![CDATA[STUDY OF PENAL POLICY ON CHEMICAL CASTRATION SANCTION ON CHILD SEXUAL CRIMES CASES IN INDONESIA ]]>
<![CDATA[Krismiyarsi, Krismiyarsi]]>
<![CDATA[ IJCLS (Indonesian Journal of Criminal Law Studies) Vol 3, No 2 (2018): November 2018 Indonesian Journal of Criminal Law Studies ]]>
Publisher : <![CDATA[Universitas Negeri Semarang (UNNES) ]]>
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DOI: 10.15294/ijcls.v3i2.17171
<![CDATA[In Article 28 B paragraph (2) of the Constitution of the Republic of Indonesia, it is stated that the State guarantees the rights of children to survival, to grow and develop and to protect them from violence and discrimination. Along with the rapid flow of globalization and the negative impact of the development of information technology and telecommunications, sexual violence against children is increasing. The Indonesian Child Protection Commission (KPAI), stated that in 2015 there were 218 cases, in 2016 there were 120 cases, and in 2017 there were 116 cases. To address the phenomenon of sexual violence against children, the President of Indonesia issued a Government Regulation in Lieu of Law No. 17 of 2016, which was subsequently upgraded to Law namely Law No. 17 of 2016 concerning Stipulation of Government Regulation in lieu of Law No. 1 of 2016 concerning the second Amendment to Law No. 23 of 2002 concerning Child Protection becomes Law. The contents of criminal offenses against perpetrators of criminal acts of sexual violence against children can be subject to additional criminal sanctions in the form of announcing the identity of the perpetrators, and can be subjected to acts of chemical castration accompanied by rehabilitation and installation of electronic detectors. The basic consideration for the issuance of this Perppu is to minimize sexual crimes, give a deterrent effect to perpetrators of sexual crimes and prevent any intention for anyone to commit sexual crimes. However, the issuance of this Perppu invites pros and cons of how to implement it, considering that until now there has been no further Government Regulation regulating, especially the Indonesian Medical Association has refused to do chemical castration. This paper wants to explore the existence of the Perppu seen from the study of criminal law politics.]]>
<![CDATA[Criminal Law Study on Narcotics Abuse Rehabilitation ]]>
<![CDATA[Widiasyam, Salma]]>;
<![CDATA[Haris, Oheo]]>;
<![CDATA[Abdullah, Siti Aisah]]>
<![CDATA[ IJCLS (Indonesian Journal of Criminal Law Studies) Vol 5, No 1 (2020): Indonesian J. Crim. L. Stud. (May, 2020) ]]>
Publisher : <![CDATA[Universitas Negeri Semarang (UNNES) ]]>
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DOI: 10.15294/ijcls.v5i1.25330
<![CDATA[The purpose of this research is to determine whether the rehabilitation of the victims of narcotics abuse in the decree of the District Court of Kendari No. 236/Pid. Sus/2019/PN K has fulfilled the element of Article 54 Act number 35 year 2009. The type of research used in this study is normative research, using the Statute Approach, Case Approach, Conceptual Approach.Based on the results the authors conclude that narcotic addicts and narcotics abuse victims are obliged to undergo medical rehabilitation and social rehabilitation. The judge in the its verdict prosecute convicted because it has been proven legally and committed guilty of committing a criminal offence "narcotic abuse for himself", dropping a criminal against the defendant with imprisonment for 1 (one) year and 2 (two) months have in accordance with article 127 paragraph (1) of Law No. 35 Year 2009. However, in the ruling judge ignores article 127 paragraph (2) and paragraph (3) of Law No. 35 Year 2009 that the obligation of the judge in providing rehabilitation efforts against the defendant cases of drug abuse in line with the issuance of Circular Letter of Supreme Court No. 4 Year 2010.]]>
<![CDATA[PREVENTION EFFORT OF BULLYING AS CRIMINAL ACT TO CHILDREN ]]>
<![CDATA[Egawasalis, Delta]]>
<![CDATA[ IJCLS (Indonesian Journal of Criminal Law Studies) Vol 3, No 1 (2018): May 2018 Indonesian Journal of Criminal Law Studies ]]>
Publisher : <![CDATA[Universitas Negeri Semarang (UNNES) ]]>
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DOI: 10.15294/ijcls.v3i1.16944
<![CDATA[The purpose of this study is to determine what the efforts are made to get at the criminal act of bullying in children (children as perpetrators and victims). The research method used juridical normative. The result of this research is the bullying act in the underage children who often culminate on violence becomes a serious concern for society and government. Children are the next generation of the nation that must have the right protection and direction, so in confront bullying which leads to criminal acts that is done by the child must know what factors influence and what actions can be given to overcome them. Legal protection of child arrange in Code No. 23 of 2002 has been changed with Code No. 35 of 2014 concerning Changed Code No. 23 of 2002 concerning protection of child can be used to protect children from a legal snare that could ruin his future, so the punishment earned still obtain by using non-penal problem solving.]]>
<![CDATA[THE ROLE OF THE COMMUNITY IN LAW ENFORCEMENT ERADICATION OF CORRUPTION CRIME ]]>
<![CDATA[Wulandari, Sri]]>
<![CDATA[ IJCLS (Indonesian Journal of Criminal Law Studies) Vol 4, No 2 (2019): Indonesian Journal of Criminal Law Studies Vol 4(2), November 2019 ]]>
Publisher : <![CDATA[Universitas Negeri Semarang (UNNES) ]]>
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DOI: 10.15294/ijcls.v4i2.18741
<![CDATA[The aspirations of the community in eradicating criminal acts of corruption are very much needed and have an important role as social control. Therefore, efforts to prevent and eradicate corruption need to be intensified by continuing to uphold human rights and the interests of society. Law Number 20 Year 2001 concerning Amendment to Law Number 31 Year 1999 concerning Eradication of Corruption, formulating it explicitly as a formal crime means that even though the results of corruption have been returned to the perpetrators' countries, they are still submitted to the court and the judicial process applies the burden of proof in reverse. which is limited or balanced. It turns out that in this Law the defendant's statement is not a strong evidence because it is only a means of supporting existing evidence, this provision actually becomes a weakness in eradicating criminal acts of corruption. Because the position of a strong defendant's information will become evidence legal and legal basis for judges to impose a crime]]>
<![CDATA[THE IMPLEMENTATION OF DISCRETION ON CRIMINAL SETTLEMENT IN THE THEFT CASES ]]>
<![CDATA[Ikbal, Muhammad]]>
<![CDATA[ IJCLS (Indonesian Journal of Criminal Law Studies) Vol 2, No 1 (2017): Mei 2017 Indonesian Journal of Criminal Law Studies ]]>
Publisher : <![CDATA[Universitas Negeri Semarang (UNNES) ]]>
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DOI: 10.15294/ijcls.v2i1.10818
<![CDATA[On criminal law enforcement in Indonesia based on the principle of legality, especially in the case of theft criminal acts is necessary understanding of the purpose of punishment.Theft is a crime that has been formulated in the Indonesian Criminal Code, under Article 362. But punishment is not always done although the formulation of the offense is met because it sees in terms of subjective considerations of law enforcement. This research is normative research, so all data obtained in this research using secondary data. The results of this research are on the application of discretionary in settlement of criminal cases in the case of theft guided by the purpose of punishment and theories in the implementation of criminal law enforcement. So it is more to settling disputes out of court by using restorative justice approach]]>
