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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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Unravelling Financial Wrongdoing: A Regulatory Perspective on Crimes in the Indonesian Capital Market Anggriawan, Rizaldy; Endriyo Susila, Muh.
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.v8i2.47800

Abstract

The perpetration of offenses within the Indonesian capital market poses a multifaceted challenge, intricately tied to the complexities of evidentiary establishment and legal pursuit within judicial contexts. This research investigates the pivotal role of Indonesia's capital market in its economic development, analyzing the impact of regulatory evolution from BAPEPAM to OJK. It aims to assess the efficacy of stringent regulatory frameworks in maintaining market integrity and bolstering investor confidence, while ensuring legal consequences for transgressors. Employing normative research methods, the study meticulously analyzes statutory regulations and normative constructs governing the capital market, confirming its critical role in national economic well-being and advancement. The transition from BAPEPAM to OJK underscores the dynamic nature of financial markets and underscores the imperative of preserving investor confidence and market integrity. Indonesia's capital market operates within robust regulatory frameworks designed to uphold transparency in securities trading and safeguard investor interests, with explicit prohibitions against fraud, market manipulation, insider trading, and record tampering. These measures underscore Indonesia's unwavering commitment to fostering trust and integrity within its capital market industry, imposing substantive legal consequences on offenders.
Indonesia’s Imperative Asset Forfeiture Bill to Combat Illicit Enrichment Indah Sakinah, Tri; Ziyad Rahman, Thoriq; Setiawan, Alfarezi
IJCLS (Indonesian Journal of Criminal Law Studies) Vol 8, No 1 (2023): Indonesia J. Crim. L. Studies (May, 2023)
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v8i1.43728

Abstract

Corruption poses a severe threat to Indonesia’s socio-economic development and political stability. Illicit enrichment, particularly prevalent among public officials and individuals in positions of power, perpetuates this issue by allowing for the unlawful accumulation of wealth through corrupt practices. The absence of comprehensive legislation targeting illicit enrichment has hindered effective deterrence and recovery efforts. The proposed Asset Forfeiture Bill emerges as a crucial initiative aimed at addressing these challenges. This paper underscores the pressing need for the Asset Forfeiture Bill within Indonesia’s anti-corruption framework. By enabling the confiscation of assets acquired through corrupt means, the bill promises to disrupt the incentive structure that drives corruption. It fills existing legal gaps that have previously hindered asset recovery and underscores accountability among public officials. Moreover, the bill is poised to strengthen Indonesia's legal arsenal against corruption, signaling a commitment to transparency and governance reform. Implementation of the Asset Forfeiture Bill is expected to enhance public trust in governmental institutions and foster a more conducive environment for sustainable development. By deterring illicit enrichment and recovering misappropriated public resources, Indonesia can bolster its efforts towards achieving integrity in governance and fostering economic growth. This paper advocates for the prompt adoption and effective implementation of the Asset Forfeiture Bill as a critical step towards combating corruption and promoting a fairer and more equitable society in Indonesia.
The Urgency of Legal Justice for Society Against the Expansion of the Authority of Judges From a Criminal Law Perspective Cahyani, Indah Fitri; Nnawulezi, Uche; Chinyere Constance, Ogah
IJCLS (Indonesian Journal of Criminal Law Studies) Vol 8, No 1 (2023): Indonesia J. Crim. L. Studies (May, 2023)
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v8i1.40402

Abstract

Expansion of the authority of judges in the RKUHP is an interesting discussion where this is related to guaranteeing legal certainty for the community. The purpose of this research is to examine more deeply the impact of expanding the authority of judges in the RKUHP on legal certainty. The method used is a qualitative method. Then for this type of research using literature study by collecting journal articles related to the title being studied. The results of this study indicate that the expansion of authority in the form of judicial pardon is a means for realizing a balance between legal certainty and justice for the community, both of which are closely related to one another. In the RKUHP, the existence of the judge's pardon principle indicates a more flexible nature in criminal law. Unlike in the western Criminal Code which is more rigid. It is feared that this flexible nature will lead to more acts of fraud by law enforcers. In real terms, crime in Indonesia is increasingly modern. So that right now it really needs a legal system that is firm and able to provide legal certainty for its citizens. Studies related to the expansion of the judge's authority which are classified as increasingly flexible in the RKUHP are very important to do. Judicial Pardon is expected to be able to provide a balance between legal certainty and legal justice.
Criminal Liability for The Provision of Illegal WIFI Telecommunications Services Kenza Radhya Ersa Atmawijaya, Muhammad; Eliakim Siringoringo, Dicky; Ricoras, Frans; Daniel Nainggolan, Rabin; Bagaskara Gunadi Putra, Satrio
IJCLS (Indonesian Journal of Criminal Law Studies) Vol 8, No 1 (2023): Indonesia J. Crim. L. Studies (May, 2023)
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v8i1.43273

Abstract

The impact of globalization and the rapid development of telecommunications technology has implications for changes in the operation and perspective of telecommunications, especially in the provision of Wi-Fi telecommunications services (ISP). The survey carried out by the Indonesian Internet Service Providers Association (APJII) Indonesia has reached 77.02% or the total population connected to the internet is 210,026,769 of the total population of 272,682,600 Indonesians in 2021. Along with the development of technology, of course It is undeniable that there will be potential violations or disobedience from people who do not comply with the provisions of laws and regulations so that they violate the rights of other communities. The rise of ISP and unlicensed or illegal Wi-Fi resellers has caused losses not only to the community but also to the national economy. Lack of understanding regarding licensing results in ISPs being subject to administrative sanctions to imprisonment. The purpose of this study is to find out how criminal liability for the operation of illegal Wi-Fi telecommunications services.
A Human Rights Discourse on Death Penalty for Corruptors during the Outbreaks: Reflection on the Covid 19 Pandemic Kamalludin, Iqbal; Christia, Adissya Mega; Umar, Achmad Jauhari; Pratami, Bunga Desyana; Widiastuti, Rizqiyani Syifa; Putri, Delasari Krisda
IJCLS (Indonesian Journal of Criminal Law Studies) Vol 8, No 1 (2023): Indonesia J. Crim. L. Studies (May, 2023)
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v8i1.43283

Abstract

The Covid-19 pandemic profoundly impacted Indonesia's stability, yet amidst these challenges, a senior official within the Ministry of Social Affairs engaged in corrupt practices related to social grants, an offense stipulated under Article 2 paragraph (2) of Law No. 20 of 2001, amending Law No. 31 of 1999 on Corruption, which mandates the death penalty. This research examines the tension between imposing the death penalty on corruption offenders during emergencies and the human rights perspective, particularly in Indonesia. Employing a qualitative normative juridical method rooted in criminal law and human rights standards, the study reveals that despite the provision allowing for the death penalty for corruption during Covid-19, Indonesia adopts a moderately particularistic human rights stance that regards human rights as universal principles while addressing national concerns. The study highlights Indonesia's nuanced approach to human rights in the context of criminal justice, particularly concerning the application of the death penalty to corruption offenders during crises. It underscores the country's effort to uphold human rights as universal while recognizing national circumstances. This research contributes to ongoing scholarly debates on the intersection of emergency measures, criminal justice, and human rights, offering insights into how states navigate legal provisions in times of crisis to maintain stability without compromising fundamental rights. The findings provide a critical perspective for policymakers, legal practitioners, and human rights advocates grappling with issues of justice and rights protection amid global emergencies.
Policies on Prevention and Repression Against Sexual Violence for Higher Education: The Challenges and Expectations Rahmasari, Helda; Pradityo, Randy; Karinda, Risna; Sitepu, Sudirman; Widyawati, Anis
IJCLS (Indonesian Journal of Criminal Law Studies) Vol 8, No 1 (2023): Indonesia J. Crim. L. Studies (May, 2023)
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v8i1.42736

Abstract

The Government's Policies on Prevention and Repression against Sexual Voilance in Higher Education through the Regulation of the Minister of Education, Culture, Research, and Technology of the Republic of Indonesia Number 30 of 2021 is a symbol of follow-up from the government to address the phenomenon of sexual violence in tertiary institutions in Indonesia. This study aims to analyze the challenges and expectations related to this policy. There are a number of qualitative and quantitative methods that are used in this study, which include interviews, questionnaires, and document analyses, and all are empirical research methods. There are several tertiary institutions in Indonesia, particularly those in Bengkulu City that have implemented Government's Policies on Prevention and Repression against Sexual Voilance in Higher Education, according to the results of this study. It is also important to note that there are also tertiary institutions that have not implemented these policies, but instead have their own policies or rules in regards to dealing with incidents of sexual violence at their institutions. A number of tertiary institutions, including tertiary schools in Indonesia, follow up on the rules governing the prevention and handling of sexual violence, but they follow policies that are not in line with the Regulation of the Minister of Education, Culture, Research and Technology of the Republic of Indonesia Number 30 of 2021 on Government's Policies on Prevention and Repression against Sexual Voilance in Higher Education.
Disbanding Prostitution Localization is Violating Female Sex Workers’ Rights: A Case of Indonesia Rezania Dewantary, Zenny; Citra, Anathasia; Larasathy Pinkan Prameshwary, Ni Luh
IJCLS (Indonesian Journal of Criminal Law Studies) Vol 8, No 1 (2023): Indonesia J. Crim. L. Studies (May, 2023)
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v8i1.39679

Abstract

Many see prostitution as controversial, as it has few, if not many things to do with morality and public safety. For Indonesia in particular, such practice is also contradictory with the religious teachings upheld by the society. Realizing that the majority of people stand against prostitution practice, government authorities are competing to entirely wipe out prostitution by disbanding prostitution localizations. Total of 160 prostitution localizations had been disbanded in the span of 2016-2019. However, such attempt did not evaluate safety concerns for therein female sex workers (FSW). Prostitution will flourish, localized or not. Thus, FSW were relocating to scattered areas (increasing safety risk) or soliciting online (violating more laws). The disappearance of monitored zones for sex business will address new problems, resulted from negative effects of uncontrolled prostitution. This research is a preliminary analysis in criticizing the Indonesian government policy for disbanding prostitution localizations. Indonesia’s government promoted eradication of prostitution to conform with norms while in national level, prostitution is not entirely illegal. Sex work is not a crime and in the history, regional governments had been accommodating area for prostitution. That, in a way, provided safety for FSW from criminalization. However, a full recognition, let alone legalization, of prostitution is still far from achieved. The authors concluded that the recent prostitution localizations dissolution is a hostile attempt to eliminate the rights of FSW as women, including rights for welfare and a safe work environment. Thus, strict control for prostitution through localizations for sex work is actually the answer for a safe, monitored prostitution industry and should have not been disbanded.
The Fate of Indigenous Peoples' Rights Recognition After the Enactment of the National Criminal Code Purwanda, Sunardi; Binti Abdul Jabar, Nurul Asyikeen; Rado, Rudini Hasyim; Miqat, Nurul
IJCLS (Indonesian Journal of Criminal Law Studies) Vol 9, No 2 (2024): Indonesia J. Crim. L. Studies (November, 2024)
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v9i2.50321

Abstract

This recognition requires further regulation through a Government Regulation and serves as a procedural requirement for being acknowledged as indigenous peoples. The purpose of this article is to provide us an overview of how the recognition requirements for indigenous peoples as outlined in legislation, both before and after the enactment of the Criminal Code. Additionally, it examines the struggles of indigenous peoples in Ecuador, who have organized themselves into indigenous groups to fight for the rights that have been taken away from them. This research employs a statutory approach, a comparative approach, and an interdisciplinary approach in law commonly referred to as socio-legal research. As a result of this, indigenous peoples often find themselves in a weak position relative to the dominant authority of the state. The government needs to provide political recognition affirming that indigenous peoples are equal legal subjects with the state and possess the capacity to act legally to represent their interests as indigenous groups. With the enactment of the National Criminal Code set for 2026, this recognition may pave the way for indigenous peoples to become equal parties when engaging with the state in matters of customary criminal law. Additionally, the indigenous movement in Ecuador serves as a significant point of reflection. Their ability to unite indigenous peoples and nations under a national framework has profoundly influenced the political and legal landscape.
Application of Restitution for Criminal Acts Victims: Between Rules and Reality Saputra, Trias; Mursyid, Ali Masyhar; Widyawati, Anis; Rahmiati, Rahmiati
IJCLS (Indonesian Journal of Criminal Law Studies) Vol 9, No 2 (2024): Indonesia J. Crim. L. Studies (November, 2024)
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v9i2.50320

Abstract

Restitution is compensation provided to victims of a crime or their families by the perpetrator or a third party to cover losses from damage to property or income, suffering caused by the crime, and costs for medical or psychological care. Restitution serves as a critical mechanism for ensuring legal protection by aiding in the recovery of victims affected by criminal acts. This is regulated under Law Number 31 of 2014 on the Protection of Witnesses and Victims. However, challenges arise in its implementation, as seen in cases like Decision 1/PID.SUS/2023/PT Bdg, along with various issues in the application of restitution in court rulings, which will be analyzed in this study. This research examines these issues using normative legal research, employing both a legal and case study approach.
Evaluation of Electronic Evidence in Criminal Justice in the Era of Advanced Artificial Intelligence Technology Sumardiana, Benny; Pujiyono, Pujiyono; Cahyaningtyas, Irma; Wulandari, Cahya
IJCLS (Indonesian Journal of Criminal Law Studies) Vol 9, No 2 (2024): Indonesia J. Crim. L. Studies (November, 2024)
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v9i2.50319

Abstract

Law enforcement is one of the many facets of society that have seen substantial changes as a result of the quick growth of digital technology, especially artificial intelligence (AI). The purpose of this study is to assess how electronic evidence is used in Indonesia's criminal justice system, pinpoint the difficulties encountered, and offer suggestions for enhancing the efficiency and equity of electronic evidence in the age of artificial intelligence. In line with the technological elements included in digital and criminal investigation research methodologies, this qualitative study aids in the creation of a theoretical framework for the use of electronic evidence in the setting of artificial intelligence. The results show that Indonesian law is now able to meet the needs of the digital age with its adaptation to technological advancements. Finding material truth in court proceedings is made possible by electronic evidence, which is legally acknowledged as a legitimate tool in criminal justice. To successfully address these issues and optimize the use of AI in the legal system, it is imperative to develop a strong ethical framework, improve law enforcement capacities, and update rules on a regular basis.

Page 21 of 22 | Total Record : 214

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