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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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Crimes of Genocide in the Viewpoint of International Criminal Law Mangku, Dewa Gede Sudika; Yuliartini, Ni Putu Rai; Gayatri, Ayu Nadya; Monteiro, Seguito
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.v7i1.34648

Abstract

Genocide is one of the crimes that are included in gross violations of human hights where this crime is related to ethnic cleansing which is also included in crimes against various political groups because it is difficult to identify which causes an international problem in a country. The crime of genocide in international criminal law is an extraordinary crime and is a prohibited act which was later included in the 1948 Genocide Convention, the statutes of the International Criminal Tribunals for the Former Yugoslavia (ICTY), the statutes of the International Criminal Tribunals for the Rwanda (ICTR) and the 1998 Rome statute. This study is intended to analyze the crime of genoside in the perspective of international law. This study found that the analysis and discourse of genoside in intersected with human rights theory and state responsibility. Genocide also highlighted as international crimes that are included in 4 (four) international crimes, namely genocide, crimes against humanity, war crimes, and crimes of aggression. In the Indonesian National Law Regulation, the Law of the Republic of Indonesia Number 26 of 2000 concerning the Human Rights Court in Article 7 states, the Crime of Genocide is a grave violation of human rights.
INSTITUTIONALIZING CUSTOMARY COURT IN INDONESIAN JUSTICE SYSTEM AS AN EFFORT TO REALIZE ACCESS TO JUSTICE RIGHT FOR INDIGENOUS PEOPLE Mayastuti, Anti; Trini H, Luthfiyah; Lukitasari, Diana
IJCLS (Indonesian Journal of Criminal Law Studies) Vol 7, No 2 (2022): Indonesia J. Crim. L. Studies (November, 2022)
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v7i2.35087

Abstract

This study aims to find customary court institution form in an effort to reinstitute customary court in Indonesia. This research is a prescriptive doctrinal legal research, using statutory and conceptual approaches. The data used is secondary data in the form of primary legal materials, while data analysis technique used is qualitative non-positivistic using hermeneutic interpretation method. Customary disputes are included in the realm of material law that occur in the space of indigenous peoples, if they are resolved by a different formal legal institution, namely the general court as regulated in Law no. 21 of 2001 on Special Autonomy for Papua Province. In principle, the customary court is the last judiciary based on customary law, but efforts to obtain justice (access to justice) and the truth are the human rights of everyone. Therefore, everyone who seeks justice must be interpreted as the right to obtain fair recognition, guarantee, protection and legal certainty and be treated equally before the law. The idea of reviving customary justice is important because as a body of customary courts it is in charge of adjudicating customary law disputes that occur in the community.
The Influence of Social Media in Era 4.0 in Criminal Law Study and Implementation of Criminal Sanctions Fadlian, Aryo
IJCLS (Indonesian Journal of Criminal Law Studies) Vol 7, No 2 (2022): Indonesia J. Crim. L. Studies (November, 2022)
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v7i2.38094

Abstract

The purpose of the author is to provide an understanding and prevention of the dangers of social media. The times have pushed all fields in a country, one of which is the development of digital technology. Digital technology, which we know, is one form of civilization that is very looming in the community, to facilitate all one's activities. The use of social media that spreads and frees its users to carry out activities on social media, then there are no boundaries in social media except self-control. Seeing these gaps from a social media can be a place where criminal acts can occur and do not know the class of people who use social media. Social media is a form of information technology as regulated in Law Number 11 of 2008 concerning Information and Electronic Transactions in article 1 number 3 which reads: "a technique for collecting, preparing, storing, processing, announcing, analyzing, and/or or disseminate information.”. because of what has been explained in the ITE law.
Recognizing Incidences of Unprovoked Attacks Against Police Officers in Nigeria Between 2017-2020: Charting New Pathways of Human Rights Intervention on Right to Life Nwaechefu, Hilary; Nnawulezi, Uche
IJCLS (Indonesian Journal of Criminal Law Studies) Vol 7, No 2 (2022): Indonesia J. Crim. L. Studies (November, 2022)
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v7i2.37329

Abstract

The unprovoked attacks on Police Officers in Nigeria between 2017-2020 that resulted to several deaths of the Police Officers have put a question mark on the constitutional provisions guaranteeing the rights of all citizen's lives and that of the Police Officers. This paper seeks to identify why the unlawful killings of Police Officers had persisted notwithstanding constitutional provisions. lnterestingly, despite these developments, the position of international human rights law(IHRL) and Section 33 Chapter IV of the Constitution of the Federal Republic of Nigeria, 1999(as amended) has raised two key questions, first, the standards of protection by government. Second, the permissible circumstances in which persons deserves protection. This paper revealed that inadequate equipment, training and rascal attitudes of police officers towards crime prevention led to unlawful attacks on them which resulted to their deaths during the period under review. Recommendations are made towards stemming the tide. The paper adopted a doctrinal approach that focused principally on current legislations and policies on human rights protection, and concluded with the view that the national and international policy makers have a moral, ethical and legal obligations to protect the lives of police officers as they are entitled to such protection based on their human rights and by so doing it will help to compliment the provisions of the Universal Declaration of Human Rights, 1948 as well as Section 33 Chapter IV of the Constitution of the Federal Republic of Nigeria, 1999
Restorative Justice against the Crimes of Murder based on Noodweer and Noodweer Exces Aulia Sherliantie, Devanie; Hadi Pura, Margo; Fadlian, Aryo
IJCLS (Indonesian Journal of Criminal Law Studies) Vol 7, No 2 (2022): Indonesia J. Crim. L. Studies (November, 2022)
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v7i2.37323

Abstract

Cases of Noodweer and Noodweer Exces often occur in society, and it is often found that they are still can be a subject to criminal penalties. Article 49 of the Crime Code states that the Noodweer and Noodweer Exces are one of the reasons for the abolition of criminal penalties. Then, why are there still perpetrators of the crime of murder who carry out a Noodweer and Noodweer Exces can still be subject to criminal sanctions? Can this problem be solved through restorative justice? What is the judge's consideration in cases where the suspect commits a crime of murder and carries out an Noodweer and Noodweer Exces?. The presence of restorative justice as a new solution in resolving cases is one of the main keys in the process of resolving a criminal case that is fast, simple, and inexpensive. Based on article 49 of the Crime Code regarding the elimination of crimes against the perpetrators of the Noodweer and Noodweer Exces murders, Restorative Justice as a case settlement solution is expected to be applied in the Noodweer and Noodweer Exces cases in order to create an agreement on the settlement of a criminal case and obtain a fair and equitable outcome between the victim and the perpetrator.
Legal Protection Against The Crime of Abortion Performed by Child Victims of Rape from Victimological Perspective Sella, Christ; Rolansa BR Siboro, Della; Baiquni, Muhammad Iqbal
IJCLS (Indonesian Journal of Criminal Law Studies) Vol 7, No 2 (2022): Indonesia J. Crim. L. Studies (November, 2022)
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v7i2.36054

Abstract

Children are valuable assets that must always be guarded and protected; on the other hand, there is also inherent dignity, dignity, and rights as human beings, which must also uphold. However, he often gets rape treatment. As a result of being unable to accept the suffering experienced, the decision to have an abortion was chosen. In positive law, it does not legalize this abortion, but there are several considerations that judges can use to override the imposition of sanctions on abortions committed by children. Victimological studies can also be used as guidelines to determine the position of girls, whether they are perpetrators or victims of events. Of course, if you are a victim, you should obtain legal protection from the state. In this paper, they will discuss this problem through a case study. The type of writing used is normative juridical, secondary legal, and non-legal materials collected through library research techniques.
Enforcement of Human Rights through Criminal Law Against Environmental Destruction Due to Batik Industry Activities Fiqi Fansuri, Rayhan; Matheus, Juan
IJCLS (Indonesian Journal of Criminal Law Studies) Vol 7, No 2 (2022): Indonesia J. Crim. L. Studies (November, 2022)
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v7i2.36406

Abstract

Air sebagai kebutuhan utama maka air harus dipergunakan sebesar-besarnya untuk kemakmuran rakyat sehingga sumber air seperti sungai perlu dijaga baik secara kualitas maupun kuantitas. Pencemaran di daerah aliran sungai (DAS) terjadi dikarenakan pengaruh kualitas air limbah yang melebihi baku mutu air limbah dan debit air limbah yang dihasilkan dan dapat mempengaruhi daya dukung lingkungan di sekitar sungai. Dengan tercemarnya sungai dapat mengurangi hak atas lingkungan hidup yang baik dan sehat pada masyarakat. Artinya pencemaran air sungai berarti melanggar HAM. Penyebab tercemarnya air sungai yaitu dari aktivitas pembuangan limbah dari industri pabrik rumah tangga atau pabrik besar yang membuang begitu saja limbahnya tanpa mengolah terlebih dahulu. Terkhusus terjadinya pencemaran air sungai di Sungai Bengawan Solo akibat aktivitas industri kain batik di daerah Laweyan. Tercemarnya Sungai Bengawan Solo dikarenakan kurang tegasnya aturan hukum yang mengatur tentang pelanggaran baku mutu air limbah sehingga pencemaran air sungai marak terjadi dan tentunya melanggar HAM atas lingkungan yang bersih dan sehat. Saat ini pasal yang mengatur pelanggaran baku mutu air limbah diatur di dalam Pasal 100 ayat (1) dan (2) UU PPLH dan menerapkan asas ultimum remedium. Untuk menekan peristiwa pencemaran air sungai yang merupakan pelanggaran HAM diperlukan aturan yang tegas dengan menerapkan asas primum remedium. Metode penelitian yang digunakan dalam tulisan ini adalah metode yuridis normatif dengan meneliti data sekunder dengan pendekatan perundang-undangan, pendekatan kasus, pendekatan konseptual, dan pendekatan historis. Untuk itu perlu menerapkan asas primum remedium untuk mencegah pencemaran air sungai sehingga HAM atas lingkungan baik dan sehat serta mendapatkan air bersih dapat ditegakkan.
Legal Consequences of Offenders Possessing and Controlling Bomb Explosives Without Rights and Without Permits (Verdict 1107/Pid.Sus/2020/Pn.Tjk) Hartono, Bambang; Hasan, Zainudin; Shyashya, Nurul
IJCLS (Indonesian Journal of Criminal Law Studies) Vol 7, No 2 (2022): Indonesia J. Crim. L. Studies (November, 2022)
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v7i2.34959

Abstract

The manufacture of low explosives without a permit is very dangerous. Not only with a permit that has been set more than the level of security of the explosives. This attack on the manufacture of low explosives without a permit has been formulated in the Emergency Law no. 12 of 1951 concerning Firearms and Explosives. This type of research used normative juridical and empirical juridical methods. Results Based on the research and discussion, it is known that the Investigation Process in the case of the Crime of Possessing Unauthorized and Unlicensed Bomb Explosives is in accordance with the Investigation Procedure according to the elements contained in the criminal act, namely Whoever, Investigation, Investigation, and Arrest. The process of proof in terms of proof is one of the important elements in criminal procedural law which determines whether or not a trial is guilty. Legal Consequences of the Crime of Possessing Unauthorized and Unlicensed Bomb Explosives based on evidence in court.
Integrating Due Process Into The Enforcement Framework of Criminal Law Politics Laputigar, Rendy; Suhadi, Suhadi; Rodiyah, Rodiyah
IJCLS (Indonesian Journal of Criminal Law Studies) Vol 9, No 1 (2024): Indonesia J. Crim. L. Studies (May, 2024)
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v9i1.50293

Abstract

Criminal Law Reform endeavours to establish legal frameworks that meet society's evolving needs within the realm of criminal justice. It involves revising existing legal standards to craft new regulations that can effectively address contemporary challenges. The core aim is to keep pace with societal changes, ensuring that criminal law remains relevant and responsive to real-world circumstances. Central to this is the concept of due process, a cornerstone of criminal justice systems worldwide, which safeguards individual liberties and human rights. It underscores the intrinsic connection between criminal law and due process, highlighting their indispensable unity. This study explores the vital role of due process in shaping law enforcement practices within the criminal justice domain, seeking to assess its significance in upholding individual rights while facilitating efficient law enforcement. The research methodology involves qualitative analysis through the examination of legal texts, case studies, and evaluations of policies. Findings suggest that due process of law plays a vital role in balancing law enforcement effectiveness with civil liberties protection. The conclusion emphasizes the importance of integrating due process principles uniformly into criminal justice systems to promote fairness and strengthen the rule of law.
Progressionism Restorative Justice Policies in Achieving Rehabilitative Criminal Justice Wibowo, Muhtar Hadi; Mursyid, Ali Masyhar; Widyawati, Anis
IJCLS (Indonesian Journal of Criminal Law Studies) Vol 9, No 1 (2024): Indonesia J. Crim. L. Studies (May, 2024)
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v9i1.50292

Abstract

This study aims to deeply examine and analyze ideal restorative justice policies, focusing on actualizing rehabilitative criminal law enforcement. By directly observing law in action, it explores how these policies are implemented and their impact, providing insights into effective, humane approaches within the criminal justice system.The main problems are how are the progressivism of restorative justice policy works in actualizing criminal enforcement that is rehabilitative?. Research method is  Socio Legal, which is done by studying secondary data and conducting interviews. After that, the collected data is analyzed through a qualitative way. The urgency of this study lies in the frequent use of restorative justice policies for prosecuting criminal offenders. Through comprehensive, recent socio-legal research, this study examines the ideal implementation of restorative justice to achieve rehabilitative criminal law enforcement. Findings indicate that restorative justice should enable law enforcers to use penal codes as rehabilitative tools. The study concludes that restorative justice policies should include compensation requirements proportionate to the perpetrator's crime, ensuring a balanced and effective rehabilitative approach within the legal framework.

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