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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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Sexual Offences Against Women: India’s Legal Perspective Behera, Ashok Kumar
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.v6i1.29401

Abstract

The concept of equality and nondiscrimination is placed on account of the Indian constitution. Besides, it also enables the state to adopt different measures of affirmative discrimination in favor of women. Laws tend to be gradual, focusing on detailed forms of brutality rather than dealing expansively with all forms of hostility against women. When the law is input, there is frequently feeble law enforcement. Complementary to that the stable throws away to the woman's children, which as an element from having an adverse result on their health also creates an emotional background for them in which they cannot protect against any bodily bloodshed or a number of forms of injustices.
Analysis of Corruption Settlement for Obligor Deviations of Bank Indonesia Liquidity Assistance (BLBI) Hasbullah, Hasbullah
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.v4i1.18713

Abstract

The settlement of the BLBI Corruption Case was only focused on the mistakes of former IBRA Chairperson Syafruddin Arsyad Temenggung who issued paid settlement letter to Sjamsul Nursalim as a BLBI obligor which caused 4.58 trillion in financial losses, even though the SKL issuance contained legal slices of the state administration process and civil affairs. The corruption case of the former Chairperson of the IBRA has diverted us all to the main point of corruption errors in the BLBI distribution. Distribution of the Bank Indonesia Liquidity Assistance Facility (BLBI) with a total of 144.53 trillion, from the distribution recorded based on BPK-RI Audit No. 34 I / XII / 11/2006, there was a distribution deviation amounting to 138.44 trillion, but the BPK audit by law enforcement has never been carried out until now. Therefore the problem is focused on two main things, namely whether the settlement of the BLBI Corruption crime in the case of the IBRA chairman issuing SKL to Sjamsul Nursalim has resolved the BLBI corruption case and how the law enforcement policy in BLBI corruption settlement has cost the state 138,44 trillion . Using a normative juridical method that is qualitative in nature, the research results show that the settlement of BLBI corruption in the case of the IBRA chairman issuing SKL to Sjamsul Nursalim is not the case for BLBI irregularities and even in the legal doctrine of the case is not a corruption case due to a legal clash state administration and civil law. and there has been a transfer of corruption eradication in the case of BLBI distribution which has cost the country a total of 138.44 trillion, because law enforcers must enforce the law against alleged BLBI corruption with criminal mechanisms and if possible civilian efforts.
Criminal Politics (Enforcement) of Criminal Law Based on Pancasila Equity Rasdi, Rasdi
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.v5i2.28107

Abstract

Indonesian state based on Pancasila, any rule of law (criminal) and their enforcement should always contains/is inspired by the values of Pancasila. The policy of enforcing criminal law means upholding justice, and the justice for the Indonesian people is equity based on Pancasila. The direction and policies for the development of national law (criminal law) in realizing the ideals of legal development based on justice should always be based on religious values, customs and socio-cultural values of Indonesian society which crystallized in the Pancasila philosophy. Therefore, the essence of criminal law policy is that efforts to achieve social welfare should always be inspired by and based on the basic values of the Pancasila philosophy as Grundnorm / Staatsfundamentalnorm (fundamental norms of the state) of the Indonesian nation. Pancasila is the values, principles, soul and spirit of the Indonesian people. Pancasila is the basic norm (grundnorm), and at the same time the basic values (grundwerten), which are the spirit of Indonesian law. Law is always rooted in "a peculiar form of social life", therefore a legal system is a uniqueness, an institution rooted in the cosmology, values and traditions of the nation concerned.
GOGOLI'S PENALTY IN RENEWING DEATH CRIMINAL SANCTIONS TO IMMIGRANTS OF NARCOTICS CRIMES IN INDONESIA (STUDY ON THE AGE OF BUTON) Ali, La Ode Bunga; Mansyah, Muh Sutri
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.v3i2.17169

Abstract

Currently, the country of Indonesia is experiencing unresolved narcotics problems. various efforts to eradicate and prevent narcotics have been done, but have not caused a deterrent effect in law enforcement. There is a difficulty in eradicating it to its roots, it becomes one of the obstacles experienced by our law enforcement officers, in this study using normative juridical research method with historical approach, conceptual approach which has been studied the customary criminal sanction which is applicable during the reign of the buton sultanate and obstacles in the application of gogoli punishment. The results of this study indicate that the renewal of national criminal law in relation to criminal sanctions may originate from customary law prevailing in the sultanate of buton as intended is gogoli punishment, while the concept of gogoli punishment is a rope encircled on the body of a person convicted and withdrawn by in opposite direction until the loss of endurance or death, the punishment is included in the type of death penalty, this is relevant to immigrants who commit a narcotics criminal act in Indonesia which has been sentenced to death several times but apparently until now still not cause effects, the authors has the hope that the punishment can be applied nationally considering narcotic criminal acts that occur almost throughout the region and will damage the morale of the nation today.
Penal Policy for Handling Illegal Fishing in Indonesian Exclusive Economic Zone Based on Pancasila Marimin, Marimin
IJCLS (Indonesian Journal of Criminal Law Studies) Vol 7, No 1 (2022): Indonesia J. Crim. L. Studies (May, 2022)
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v7i1.35928

Abstract

This study discusses the policy of handling fisheries crime in Indonesia which does not run optimally between regulations and law enforcement. By using the normative juridical method by combining normative qualitative analysis and literature studies, in finding and formulating legal arguments in enforcing the law regarding the handling of fisheries crimes. The discussion of this article only focuses on regulations regarding law enforcement of fisheries crimes which have problems ranging from overlapping laws and regulations to conflicts between agencies that handle this problem, as well as criminal sanctions in the form of fines that are applied to perpetrators of illegal fishing. foreign flags are very low and there is no body confinement so that it does not cause a deterrent effect for the perpetrators. So it is necessary to make changes related to the handling of fisheries crime into a more effective form of regulation, because government policies have an important role in resolving illegal fishing legal issues in order to reduce the impact of state losses. Through policy reformulation starting from changes to laws and regulations, implementing regulations to the handling system, it can reduce the practice of illegal fishing in Indonesia.
The Role of The Prosecutor as Executor of Court Decisions in Returning Confiscated Objects and State Spoils in Criminal Cases: Comparing Indonesia, Malaysia, Nigeria, and Thailand Amir, Ameerah binti; Hanifah, Wahyu Nur; Widyawati, Anis; Nte, Ngboawaji Daniel; Smith, Arthur
IJCLS (Indonesian Journal of Criminal Law Studies) Vol 7, No 1 (2022): Indonesia J. Crim. L. Studies (May, 2022)
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v7i1.35601

Abstract

The execution of court decisions especially for confiscated objects and state spoils face some challenges in Indonesia. This research aims to find out the the executive of court decisions in the return of evidence, as well as what factors affect the presecutor as the executor of the court’s decision. The research questions formulated as first, what is the role of the presecutor in carrying out of the execution of the court's verdict on the return of evidence? and second, what are the factors that affect the presecutor as the executor of the court's decision in the return of evidence? The research method used in this research is qualitative research method with a type of socio-legal studies. This research found and highlighted that the execution of the court’s decision on the status of the evidence carried out by the Prosecutor after the adjudicator's decision has been signed. There are four factors that influence the level of effectiveness of the Prosecutor as the executor of court decisions with regard to evidence, including the legal factor itself, the community factor, the law enforcement officer factor, as well as the legal facilities and facilities factor. Various regulations have been drafted, however, none of them have explicitly regulated the threat of sanctions for prosecutors who do not immediately carry out executions, lack of coordination between related parties, and limited legal facilities and facilities are factors that affect the effectiveness of prosecutors in carrying out their duties.
Imposing Additional Criminal Sanction of Chemical Castration against Child Sexual Violence Perpetrators Hardianti, Firda Yanis; Rusdiana, Emmilia
IJCLS (Indonesian Journal of Criminal Law Studies) Vol 7, No 1 (2022): Indonesia J. Crim. L. Studies (May, 2022)
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v7i1.35077

Abstract

This paper aims to examine the fulfillment of the requirements for implementing the judge's decision Number: 69/Pid.Sus/2019/PN Mjk in providing additional punishment in the form of chemical castration and rationalization of the Indonesian Doctors Association (IDI) in approving the implementation of the decision. The results of the study indicate that the conditions for implementing the decision No. 69/Pid.Sus/2019/Pn Mjk in providing additional punishment for chemical castration has been fulfilled, because the conditions for the imposition of additional punishment in the form of chemical castration are imposed after the convict has served the principal sentence in accordance with Article 81A paragraph (1) of Law Number 17 of 2016 concerning child protection. The reason IDI is obliged to approve the implementation of Decision Number: 69/Pid.Sus/2019/PN Mjk is that when a regulation is included in the legislation, this provision is perfectly binding and must be obeyed. So, in practice, when a doctor is asked to perform chemical castration, the doctor must do so because this provision is a legal order and there is a justification for this. The decision Sus/2019/PN Mjk is when a regulation is included in the legislation, this provision is perfectly binding and must be obeyed.
Adolescent Delinquency and the Crime of Robbery in the Study of Criminal Theory Rohmat, Rohmat; Ashtaputre, Shrirang; Smith, Robert Brian
IJCLS (Indonesian Journal of Criminal Law Studies) Vol 7, No 1 (2022): Indonesia J. Crim. L. Studies (May, 2022)
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v7i1.35599

Abstract

No one wants a crime to occur in their community, because the existence of this crime will be disturbing and detrimental to people's lives. Therefore, crime must be tackled and stopped. This article discusses cases of adolescent delinquency, burglary crimes and labeling practices in the study of criminological theories. It is important to understand cases of adolescent delinquency, crime of robbery and labeling practices in terms of the characteristics of crime and criminals. The research method used is a normative juridical research method with secondary data sources. The results showed that there were 5 (five) theories that could be used to analyze adolescent delinquency cases, namely the French sect, differential association, anomie, social control, and learning theory. While the crime of robbery is analyzed in 4 (four) theories, namely classical criminology theory, positive criminology, differential association, and opportunity theory. Meanwhile, the case of labeling in society was studied using labeling theory. The above theories can be used as a strategy to prevent and prosecute juvenile crimes, in this case juvenile brawls as a special crime, burglary crimes, and community labeling practices. It can be concluded that increasing family participation as the first medium of learning for children by increasing control, so that brawls between teenagers can be anticipated, as well as increasing community participation and social control as well as preventive, curative, and repressive actions to prevent actions that violate social norms and legal norms.
A Criminalization of Civil Servant in Case of Neutrality Violations in a Regional Head Election Rusdiana, Emmilia; Maharani, Rizkiyah Putri
IJCLS (Indonesian Journal of Criminal Law Studies) Vol 7, No 1 (2022): Indonesia J. Crim. L. Studies (May, 2022)
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v7i1.35326

Abstract

This study aims to validate and analyze the accuracy of sentencing the the defendant as the head of the service in fulfilling the elements of the legal subject as a Civil Servant, as well as legal proof of the defendant's actions which are considered beneficial or detrimental to one of the candidate pairs. Legal research with normative juridical, as well as statutory, case, and conceptual approaches and analyzed prescriptively. The accuracy of sentencing the the defendant in Decision Number 147/Pid.Sus/2018/PN.Sdr regarding legal subjects is based that the Panel of a judge s interprets ASN holding certain positions in government as ASN. The judge's considerations did not refer to the Civil Servant Law and the the defendant was a High Pratama Official, belonging to an Echelon 2 position, and this was based on the theory of a criminal responsibility that the actions taken by the the defendant were a burden of personal responsibility not the responsibility of the position. It has nothing to do with the main duties and official functions as Head of the Social, Civil and Population Registration Service, and not as a legitimate job order task. Legal proof of the the phrase "favorable" or "detrimental" to one of the Candidate pairs is inappropriate, because it is not based on the benefit or harm is a formal offense so it does not need to be proven because there is a potential loss and at the same time the theory of  economics analysis of law on the principle of optimization, proving cost-benefit analysis, the principle of balance, and the principle of efficiency.
Criminal Liability in Prison Fire Case: A Case Study of Class I Tangerang Prison Fire Supriyono, Supriyono; Ihsan, Ahmad Yulianto
IJCLS (Indonesian Journal of Criminal Law Studies) Vol 7, No 1 (2022): Indonesia J. Crim. L. Studies (May, 2022)
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v7i1.35669

Abstract

The existence of Correctional Institutions is part of the criminal system in Indonesia. The criminal law policy which is not yet ideal and the management of prisons that are not optimal have caused over capacity in all prisons. Therefore, in the event of a prison fire disaster, mitigation and rapid evacuation of the inmates cannot be carried out and cause death toll. When there are inmates who die as a result of a prison fire, of course, there must be a party who is responsible politically, sociologically and juridically. This study aims to determine criminal liability in prison fire cases based on the Criminal Code, Law Number 12 of 1995 concerning Corrections and other laws and regulations. This research uses normative juridical research method. Based on the results of the study, it can be seen that politically and sociologically those responsible for the fire incident were government officials who handled prison affairs, namely the Minister of Law and Human Rights, the Director General of Corrections, and the head of the prison. While juridically those responsible for the prison fire incident were the perpetrators who were found guilty either by intention or negligence, namely the prison officer for general affairs who handled prison electricity and the prison warden on duty when the fire occurred. To prevent prison fires from causing the inmates to die, it is expected that the government, will improve prison management and carry out criminal law policy reform to improve the criminal system in Indonesia.

Page 18 of 22 | Total Record : 214

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