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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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The Implementation of Scientific Crime Investigation Mechanisms in Police Regional Office Proof Criminal Cases Anggraeny, Kurnia Dewi; Rizqullah, Alfan Noufal; Nur, Muhammad
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.v9i1.48377

Abstract

Investigation is a critical stage in criminal proceedings aimed at uncovering evidence to illuminate the nature of an offense and identify its perpetrator or suspect. The application of Scientific Crime Investigation (SCI) methods in these investigations leverages a scientific approach drawn from diverse disciplines to enhance the collection and analysis of evidence. This study seeks to underscore the importance of integrating SCI into the substantiation of criminal cases and explore its operational implementation within police regional offices. This empirical juridical research draws upon library materials and field studies to examine the urgency and efficacy of SCI in criminal investigations. Data analysis employs a descriptive-qualitative method to elucidate how the SCI method functions as a systematic tool in gathering evidence crucial for courtroom presentation. The evidentiary robustness of SCI findings, including expert testimonies and forensic reports, lends them substantial weight as incontrovertible evidence obtained through rigorous scientific processes. Aligned with legal theories such as bewisjmidellen, bewijsmnimum, negatief wettelijk bewijstheorie, bewisjkracht, and bewijsvoering, the SCI method encompasses several key components: 1) Identification, involving the examination of fingerprints to establish identities; 2) Digital forensics, for analyzing electronic and digital evidence; 3) Forensic psychology, aiding in the assessment of psychological states of victims, witnesses, and perpetrators; and 4) Forensic medicine, facilitating examinations related to injuries, poisoning, or fatalities conducted by forensic physicians. Each phase of the SCI method adheres rigorously to legal frameworks and procedural guidelines. By integrating these specialized disciplines, SCI enhances the investigative process, ensuring thoroughness and credibility in the pursuit of justice within the bounds of the law.
A Snapshot of Violence and Criminalization Against Journalists in Indonesia: Enhancing the Safety of Journalists Simandjuntak, Marcella Elwina; Soerjowinoto, Petrus; Wijaya, Emilia Metta Karunia; Mumtazah, Hana
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.v9i1.48789

Abstract

The press and freedom of speech play crucial roles in advancing democracy, fostering good governance, and promoting human development globally. However, despite their critical importance, journalists in Indonesia and other nations face escalating violence. This violence encompasses physical, psychological, and even sexual harm, compounded by the legal repercussions imposed by certain laws that potentially criminalize journalistic activities. This paper aims to explore incidents of violence against journalists and analyze specific provisions within Indonesia's existing Penal Code, the Information and Electronic Transactions Act (UU ITE), and the Personal Data Protection Act that could be utilized to criminalize journalists. The application of these laws poses significant threats to press freedom, media impartiality, and the integrity of information dissemination. Using a normative legal approach, this study draws on data derived from existing laws, online resources, research studies, and contemporary literature. Employing a descriptive-qualitative analysis, the findings underscore the prevalence of violence against journalists across Indonesia, with frequent violations of their rights to access information through intimidation, harassment, and various forms of physical and psychological coercion. Furthermore, journalists face potential imprisonment under the provisions of Indonesian laws, exacerbating the climate of fear among media professionals. The implications of these threats include a chilling effect on media freedom, hindering the free flow of information, diverse opinions, and critical ideas essential for an informed citizenry. Addressing these challenges requires robust protections for journalists, stringent adherence to international standards of press freedom, and reforms to ensure that laws safeguard rather than restrict journalistic activities.
Panopticon Strategy in Juvenile Delinquency Regulation and Rehabilitation in Indonesia Lukitasari, Diana; Hartiwingsih, Hartiwingsih; Subekti, Subekti; Primasari, Lushiana; Pratiwi, Dian Esti
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.v9i1.48881

Abstract

This study addresses juvenile delinquency in Indonesia through a combined legal and social analysis, proposing innovative solutions for sustainable impact. Drawing inspiration from Michael Foucault's Panopticon theory, the study examines how Law Number 1 of 2023 on the Criminal Code interacts with evolving social dynamics. It advocates for a flexible legal framework that not only punishes but also emphasizes rehabilitation and social reintegration for adolescents. The research underscores the critical need for legal reforms that adapt to changing societal norms and challenges posed by information technology. It explores the influence of unrestricted digital media access on adolescent behavior, including phenomena like klithih, which reflects community and peer influences. The study's findings highlight the pivotal role of family, peers, and community in shaping youth behavior and calls for enhanced community-based education and supervision strategies. Consequently, the study proposes recommendations for a more humane and effective legal approach to juvenile delinquency. These include prevention strategies that empower communities in educating and monitoring young people. By advocating for a holistic and evidence-based approach, this research aims to inspire policymakers, legal practitioners, and the public to foster a supportive environment for Indonesian youth, paving the way for a brighter future.
Unleashing Justice’s Future: The Dawn of Neuro-Cognitive Risk Assessments (NCRA) in Transforming Rehabilitation Mulyadi, Mahmud; Fernando, Zico Junius; Putra, Panca Sarjana; Anditya, Ariesta Wibisono
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.v9i1.50152

Abstract

Neuro-Cognitive Risk Assessments (NCRA) represent a groundbreaking innovation in the criminal justice system, concentrating on evaluating cognitive and decision-making factors to assess inmate recidivism risk. Introduced initially in Houston, Texas, in 2017, NCRA have shown substantial efficacy, evidenced by a 2020 study reporting an Area Under the Curve (AUC) value of 0.70, signifying a significant advancement in recidivism prediction. This research employs normative legal methods, utilizing a conceptual, comparative, and forward-looking approach, characterized as descriptive-prescriptive with data analyzed through content analysis. Key advantages of NCRA include their emphasis on cognitive factors and their capability to operate independently via digital platforms, reducing bias and enhancing objectivity. The global adoption of NCRA, including in countries like Canada, the Netherlands, and Australia, underscores its recognition as a promising tool in criminal justice practices. However, ethical considerations and responsible usage are paramount, ensuring the protection of individual rights and involving diverse stakeholders. The integration of NCRA into rehabilitation programs and public policies presents opportunities to enhance efforts against recidivism. By identifying individual needs more accurately and improving predictions of rehabilitation success, NCRA can motivate inmate engagement in rehabilitation initiatives. Moreover, NCRA support the development of effective crime prevention policies, contributing to broader societal well-being. In conclusion, NCRA represent a transformative approach in criminal justice, leveraging cognitive assessments to refine recidivism risk evaluations and enhance rehabilitation outcomes. Ethical deployment and collaborative engagement are critical to maximizing NCRA's potential in promoting justice and reducing reoffending globally.
Mairil and Nyempet as Child Sexual Violence in Pesantren: Contradictions of Traditional Norms, Religion, and Criminal Law Policy in Indonesia Tohari, Mohamad; Kamalludin, Iqbal; Suseno, Jarot Jati Bagus; Umar, Achmad Jauhari; Pratami, Bunga Desyana
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.v9i1.50291

Abstract

Pesantren, Islamic educational institutions in Indonesia, traditionally provide dormitories for santri, students dedicated to religious studies from childhood through adolescence. However, adolescence often coincides with heightened curiosity about sexuality, leading to behaviors like "Mairil" and "Nyempet." Mairil involves affectionate interactions between individuals of the same gender, which can escalate to physical actions known as Nyempet, distinct from sodomy. This socio-legal study employs a qualitative approach focusing on substantive justice in criminal policy. The research underscores that Mairil and Nyempet constitute forms of sexual violence prevalent in pesantren. Despite inconsistencies with religious norms and criminal law, enforcement remains inadequate. It advocates for a comprehensive approach involving pesantren and competent authorities to tackle these issues. Key recommendations include enhancing victim protection, enforcing existing laws rigorously, and raising societal awareness through education on individual rights and humanitarian principles. In conclusion, addressing Mairil and Nyempet requires concerted efforts from all stakeholders to ensure justice, protect victims, and promote a more inclusive understanding within Indonesian society and its educational institutions.
Sharia Fintech In The Digital Age: Human Rights in Sharia Fintech Through Criminal Law Safeguards Hartati, Sawitri Yuli; Kontesa, Emelia; Baskara, Agri
IJCLS (Indonesian Journal of Criminal Law Studies) Vol 8, No 2 (2023): Indonesia J. Crim. L. Studies (November, 2023)
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v8i2.48678

Abstract

This research analyses the impact of Sharia fintech development on human rights in the Industrial Revolution 4.0 and Society 5.0. In this digital era, technological developments have brought a significant revolution in the financial sector, including within the scope of sharia finance. This study aims to analyze the impact of the expansion of sharia fintech on human rights in a broader context. This research uses a normative legal method by adopting a statutory, conceptual, comparative and futuristic approach. By using analytical content, this study explores the impact generated by implementing sharia fintech on aspects related to human rights, including financial inclusion, social justice, and economic opportunities. The analysis shows that sharia fintech, operating with Islamic economic principles emphasizing fairness, sustainability, and risk sharing, can contribute to fulfilling and protecting human rights. Along with the benefits offered, such as increasing access to financial services for the public, potential challenges and obstacles are also considered, including data privacy and cyber security issues. The results of this study Research shows that Islamic FinTech in Indonesia has great potential to improve financial inclusion and economic justice, especially for marginalised groups. However, challenges such as limited awareness, immature regulations, and security concerns need to be addressed through supportive regulations, public education, and collaboration with Islamic financial institutions. The importance of balancing technological innovation, sharia ethics, and legal protection is reflected in the implementation of various laws in Indonesia, such as the Criminal Code, ITE Law, and Personal Data Protection Law, to regulate electronic transactions, protect personal data, and prevent financial crimes.
Evolution of Corporate Criminal Liability Models and Theories under Indonesian New Criminal Code Alfakar, Muhammad Wahyu; Masyhar Mursyid, Ali; Wulandari, Cahya; Daniel Nte, Ngboawaji
IJCLS (Indonesian Journal of Criminal Law Studies) Vol 8, No 2 (2023): Indonesia J. Crim. L. Studies (November, 2023)
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Corporate crime, also known as white-collar crime, has persisted in Indonesia for decades, evolving alongside the country's economic and industrial growth. Various models and theories have emerged to address these issues, reflecting a growing recognition of the need for robust legal frameworks to combat corporate misconduct. Normative legal research methods have been employed in this study, focusing specifically on the criminal law aspects related to the development of corporate criminal liability theories and concepts under Law Number 1 of 2023. Law Number 1 of 2023 introduces the corporation as a maker and also a responsible corporation model of corporate criminal liability, recognizing corporations as legal entities capable of being held accountable for their actions. This statutory framework represents a significant advancement, reinforcing Supreme Court Regulation Number 13 of 2016. The research explores various perspectives on corporate responsibility models and theories, offering ideal solutions for their application and development within Indonesia's legal framework. This evolution signifies Indonesia's commitment to enhancing corporate accountability and ethical standards, aligning its legal principles with international norms while addressing domestic challenges. By integrating these models and theories into its legal system, Indonesia aims to foster a corporate culture that prioritizes compliance and ethical conduct, thereby mitigating the impact of corporate crime on society and promoting sustainable economic development.
Why Did a Five-Year-Old Toddler Become a Victim of Murder? A Criminological and Legal Perspective Utari, Indah Sri; Arifin, Ridwan; Sabri, Ahmad Zaharuddin Sani Ahmad
IJCLS (Indonesian Journal of Criminal Law Studies) Vol 8, No 2 (2023): Indonesia J. Crim. L. Studies (November, 2023)
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v8i2.48591

Abstract

The tragic and heart-wrenching case of a five-year-old toddler becoming a victim of murder raises numerous questions about the circumstances leading to such a heinous act. This study provides an overview of the factors that might have contributed to this deeply distressing incident. It explores potential reasons, such as family dynamics, societal pressures, mental health issues, and the legal framework surrounding child protection. Understanding the complex interplay of these factors is essential for both preventing similar tragedies in the future and offering appropriate support to affected families. While the global COVID-19 pandemic is gradually receding, reflecting on the past two years reveals a relentless surge in cases that seemed to halt the world momentarily. Amidst the widespread reports of COVID-19 infiltrating Indonesia, the shocking occurrence of a fifteen-year-old taking the life of a five-year-old toddler in Sawah Besar Jakarta in March 2020 deeply unsettled the Indonesian populace. This incident prompts the question: what circumstances led to such a tragic event? What were the motivations driving the perpetrators’ actions? Why did a defenseless five-year-old child fall victim to murder? This study emphasizes the urgency of addressing the root causes of such acts of violence against children, shedding light on the need for comprehensive measures to protect the most vulnerable members of our society.
Anticorruption School: A Solution to Building the Integrity of Judges Kristanto, Kiki; Junius Fernando, Zico; Teeraphan, Papontee
IJCLS (Indonesian Journal of Criminal Law Studies) Vol 8, No 2 (2023): Indonesia J. Crim. L. Studies (November, 2023)
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v8i2.45473

Abstract

The anti-corruption school is an essential solution to help build judges' integrity in the era of Industrial Revolution 4.0 and Society 5.0. The era of Industrial Revolution 4.0 and Society 5.0 requires judges to understand and face increasingly complex and diverse legal challenges, including overcoming increasingly sophisticated and well-organized corruption crimes. The research method used is qualitative. The approaches used are the statutory approach, the conceptual approach, the comparative approach, the futuristic approach, and the philosophical approach. The nature of this research is descriptive-prescriptive, and it was analyzed using content analysis. The result of this research is that the anticorruption school model will help strengthen the integrity of judges, promote transparency and accountability, and increase public trust in the judiciary through a comprehensive and integrated approach. The anti-corruption school model could be an effective solution for helping judges face the challenges of the Industrial Revolution 4.0 and Society 5.0. The Anticorruption School is the best model for creating judges' integrity. Judges can acquire the knowledge, skills, and attitudes through structured and systematic education and training to avoid corrupt practices and maintain their integrity as law enforcers.
Safe Harbor Principle, Exclusion of Criminal Liability for Platform Service Providers Wijayanto, Indung; Wulandari, Cahya; Rasdi, Rasdi
IJCLS (Indonesian Journal of Criminal Law Studies) Vol 8, No 2 (2023): Indonesia J. Crim. L. Studies (November, 2023)
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v8i2.48040

Abstract

In the era of Society 5.0, characterized by the pervasive digitalization of societal functions, platform service providers play a pivotal role. These platforms, however, are frequently exploited by users for unlawful activities. This study investigates the prerequisites for invoking the safe harbor principle, which shields service providers from criminal liability. Employing a qualitative research approach, secondary data was gathered through a comprehensive literature review and subsequently analyzed qualitatively. The safe harbor principle serves as a critical legal mechanism utilized by platform service providers to shield themselves from legal repercussions arising from illicit actions committed by their users. To qualify for this exemption, providers typically must promptly remove unlawful content upon notification and refrain from active involvement in the transmission of such information. However, recent developments indicate that providers may forfeit safe harbor protection if they play a significant role in moderating or curating content on their platforms.  This research underscores the essential conditions that platform service providers must meet to avail themselves of the safe harbor principle, highlighting the nuanced balance between facilitating digital innovation and upholding legal accountability. By clarifying these conditions amidst evolving regulatory landscapes, this study contributes to ongoing discussions on legal frameworks governing digital platforms, offering insights crucial for policymakers, legal practitioners, and stakeholders navigating the intersection of technology, law, and societal governance.

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