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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 Enforcement of Defamation Law Regarding the Creation of a “Meme” Sticker on WhatsApp Irawan, Joshua Evandeo; Valencia, Claresta Devina
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.v9i2.50317

Abstract

Creating meme stickers on WhatsApp using photos of others has become a common trend. However, often the individuals depicted in these memes feel offended and argue that such actions defame their reputation. The article on defamation is regulated in Article 27 A paragraph (1) of Law 1/2024 (amendment to Article 27 of Law 11/2008). This research employs normative juridical research methods and finds that the act of creating meme stickers on WhatsApp does not constitute the offense of defamation under Article 27 A paragraph (1) of Law 1/2024 as it does not meet the elements of accusation. However, creating Meme Stickers using other people's faces fulfills the criteria outlined in Article 32 paragraph (1) of Law 11/2008, which is the Prohibition of Changing other people's entities without permission. This research will also examine the role of the National Criminal Code which serves as the Ius Constituendum of Criminal Law. Under the National Criminal Code, meme sticker makers on WhatsApp could be subject to the provisions of the Article of Light Insult, specifically in Articles 436, 441 and 440.
Utilization of Neuroimaging in Criminal Justice: Unveiling Truth Through Brain Technology Cholidin, Achmad; Fernando, Zico Junius; Feka, Mikhael
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.v9i2.50316

Abstract

The integration of neuroimaging technology in criminal justice worldwide has opened new avenues for understanding the neural underpinnings of criminal behavior and improving the accuracy of legal processes. This paper explores the application of neuroimaging techniques, such as functional Magnetic Resonance Imaging (fMRI) and Positron Emission Tomography (PET), in the context of criminal investigations and trials. Neuroimaging provides insight into brain function related to intent, deception, memory, and cognitive control, which is critical in determining culpability and assessing mental states. By reviewing case studies and current research, this study evaluates the potential benefits and ethical challenges of using neuroimaging as evidence in court. The findings suggest that although neuroimaging holds the promise of improving the objectivity and reliability of criminal justice, its use should be conducted with caution due to legal, ethical, and technical limitations. The paper concludes with recommendations for the responsible integration of neuroimaging into legal practice to ensure fairness and protect the rights of individuals. The implications of these findings for criminal law enforcement in Indonesia are also discussed, highlighting the potential of applying neuroimaging techniques to improve the fairness and effectiveness of the legal system.
Degradation of the Stigma of Prison as a Criminal School Through Supervised Sentence as an Alternative to Imprisonment Rohmat, Rohmat; Istiqomah, Milda; Aprilianda, Nurini
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.v9i2.50315

Abstract

With the development of penal theory, the retributive approach to punishment is increasingly seen as misaligned with the needs of society. As a result, there is a recognized need for legal provisions that reflect societal values and emphasize punishment goals that strengthen the community. Prison sentences often lead to issues such as overcrowded facilities and a failure to meet punishment goals. Additionally, many convicts tend to become recidivists after completing their sentences in correctional institutions, reinforcing the stigma of prisons as "criminal schools." The issues to be examined include: a) how are conditional sentences regulated in Law Number 1 of 1946?; and b) how is the policy of supervision sentences as an alternative to imprisonment in degrading the stigma of prison as a criminal school? The research was conducted using a normative method, with a legislative approach. The legal materials used include both primary and secondary legal materials, which were analyzed using deductive analysis techniques. Under the old Penal Code, conditional sentences did not involve immediate imprisonment; instead, the convicted person was given the opportunity to prove their ability to live as a good citizen during a specified probation period. In contrast, the National Penal Code introduces alternatives to prison sentences, such as supervision sentences. These supervision sentences in the National Penal Code serve as an extension of conditional sentences, placing greater emphasis on more intensive and structured supervision. The placement of convicts outside correctional institutions is considered the primary penal system, with the imposition of supervised sentences based on general and specific requirements. In future implementation, an ideal model for the execution of this supervisory sentence is required.
Optimizing Oversight: Developing an Ideal Framework for Supervision Prisoners’ Rights Allocation Widyawati, Anis; Latifiani, Dian; Rahmasari, Helda; Adhari, Ade
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.v9i2.50313

Abstract

This study analyzes the problem of a prosecutor’s procrastination in executing a court judgment that delays the prisoners’ serving their sentences and causes some irregularities in the correctional facilities regarding the prisoners’ rights trade. The introduction of many prisons without a specific body to supervise the execution of the sentence, particularly the warded people’s freedom in Indonesia, appeared to have unfulfilled justice in the society. In this regard, this research aims to define the validity of the need to enhance the Supervision of prisoners’ rights protection in Central Java. It describes an optimal system relevant to such Supervision. The type of research that was utilized in this study is sociological juridical. Sociological juridical research serves to be the opposite of normative legal research. It is revealed that there have been ongoing infringements of prisoners’ rights, highlighting the further need to set a more comprehensive mechanism that would include the Police, the Prosecutors, the Courts, and the Correctional Institutions in the system of oversight and other management functions. Every level in the hierarchy system of the Criminal Justice System has its limit on including the human rights of prisoners containing adequate risks of intrusion, where checks and balances must be exercised. Formally and horizontally, these rights must be assured and upheld both legally and in their spirit by Justice and the Law. This study’s findings are that appropriate measures need to be applied to implement better Supervision policies aimed at safeguarding the human rights of prisoners and ensuring the justice system in Indonesia is not compromised.

Page 22 of 22 | Total Record : 214

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