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INDONESIAN JOURNAL OF CRIMINAL LAW STUDIES

ijcls
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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.

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Articles 214 Documents

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THE APPLICATION OF PARTICIPATED DOCTRINE IN CORRUPTION (STUDY OF DECISION ON CORRUPTION CRIMINAL ACT COURT AT IA JAYAPURA DISTRICT COURT) Rohrohmana, Basir
INDONESIAN JOURNAL OF CRIMINAL LAW STUDIES Vol 2, No 1 (2017): Mei 2017
Publisher : INDONESIAN JOURNAL OF CRIMINAL LAW STUDIES

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Decision of Criminal Act of Corruption Court at the IA Jayapura District Court Number 05/Pid.Sus-TPK/2015/PN.Jap, and (2) Decision Number 06/ Pid.Sus-TPK/2015/PN.Jap. Both decisions show the application of participated doctrine, both in the indictment, the prosecution of the prosecutor, and the basis of the judges judgment to result the decisions to the offenders.Â There are 2 (two) findings to be disclosed in the analysis of these decisions are (1) the participated doctrine which is applied apparently in their application are within separate prosecution areas between the two indictments, thereby treating the participants in the participated doctrine equally with the independent offender, even impressed as a convergence offense, (2) with prosecution in the indictment, the prosecutor and judge in applying the participated doctrine in these two decisions tend to be restrictive in view that the offender is compared to the dader not as part of the producers entity (verzamen term) in which there are qualities of offenders who can be distinguished between pleger, doenpleger, medepleger, uitlokker or medeplichtigheid.

CRIMINAL ENFORCEMENT FOR CHILDREN IN PROGRESSIVE STUDIES Khasna, Hardanti Widya
IJCLS (Indonesian Journal of Criminal Law Studies) Vol 3, No 1 (2018): May 2018 Indonesian Journal of Criminal Law Studies
Publisher : Universitas Negeri Semarang (UNNES)

This research has a purpose to know how exactly the implementation of crime against children under age that occurred in Indonesia, viewed from the of progressive law. The method of research used in this research is qualitative method with normative juridical approach. In this research can be determinated the result that in the enforcement of crime for children under age, the process is different with criminal law enforcement in general. From the settlement of the case as soon as possible, the investigator must be a child-specific investigator, the child's examination is conducted in a familial atmosphere, and the investigator is required to seek advice from the Counselor. This is in accordance with what has been mandated in Law Number 35 Year 2014 on the Amendment of Law Number 23 Year 2002 on Child Protection. In the future wish that society and goverment understand the meaning of real justice, that in the child crime, there is a value that need to be prioritised called restorative justice.

EDUCATIONAL CRIMINAL SYSTEMS FOR CHILDREN AS A CRIMINAL ACTOR Wulandari, Diah AYu
IJCLS (Indonesian Journal of Criminal Law Studies) Vol 3, No 1 (2018): May 2018 Indonesian Journal of Criminal Law Studies
Publisher : Universitas Negeri Semarang (UNNES)

Children are part of the community, they have the same rights as other communities to be protected and respected. Any State anywhere in the world is obliged to give adequate attention and protection to the rights of the child, which include civil, economic, social and cultural rights. However, it seems that the status and rights of the children when viewed from a juridical perspective have not received serious attention either by the government, law enforcers or the public in general and are still far from what should be given to them. This condition is compounded by the weak implementation of the law on the rights of the child committed by law enforcement officers themselves. The rights of the child shall be respected by everyone. One of them is in the punishment system which until now sometimes still treats the children involved as perpetrators of such crimes as perpetrators of criminal acts committed by adults. The child is placed in a position as a criminal offender who deserves the same punishment as an adult and applies in Indonesia. Whereas punishment itself is more oriented to individual perpetrators or commonly referred to as individual responsibility (personal Individual Responsibility) where perpetrators are viewed as individuals who are able to take full responsibility for the deeds it undertakes. While the child is an individual who has not been able to fully realize the actions / actions that he did, this is because the child is an immature individual in thinking. Without realizing it, of course, can cause a great psychological impact on the child that ultimately affects the mental and mental development of the child.

RENEWAL OF CRIMINAL LAW IN THE CUSTOMARY LAW Restuti, Dhini Hindria
IJCLS (Indonesian Journal of Criminal Law Studies) Vol 3, No 1 (2018): May 2018 Indonesian Journal of Criminal Law Studies
Publisher : Universitas Negeri Semarang (UNNES)

This research aims to find out the position of customary law in the renewal ofcriminal law and also main difference between the Indonesia Criminal Codeand Custom Criminal Law. The research method used in this research isqualitative normative juridical approach. In this research we are able to findthe result, that is, if the Customary Law acts as the source of law in theRenewal of Criminal Law, then it can be seen from the angle of policyapproach. First, as part of social policy. Second, as part of criminal policy.Third, as part o law enforcement policy. Then the main differences between theIndonesia Criminal Code and Custom Criminal Law lie in the subject of Law,deliberate or mistake, the crime doer, trial offence, nature of offence.

PREVENTION EFFORT OF BULLYING AS CRIMINAL ACT TO CHILDREN Egawasalis, Delta
IJCLS (Indonesian Journal of Criminal Law Studies) Vol 3, No 1 (2018): May 2018 Indonesian Journal of Criminal Law Studies
Publisher : Universitas Negeri Semarang (UNNES)

The purpose of this study is to determine what the efforts are made to get at the criminal act of bullying in children (children as perpetrators and victims). The research method used juridical normative. The result of this research is the bullying act in the underage children who often culminate on violence becomes a serious concern for society and government. Children are the next generation of the nation that must have the right protection and direction, so in confront bullying which leads to criminal acts that is done by the child must know what factors influence and what actions can be given to overcome them. Legal protection of child arrange in Code No. 23 of 2002 has been changed with Code No. 35 of 2014 concerning Changed Code No. 23 of 2002 concerning protection of child can be used to protect children from a legal snare that could ruin his future, so the punishment earned still obtain by using non-penal problem solving.

THE CRIMINAL LAW POLICY IN CASES OF CRIMINAL INFRINGEMENT MADE BY POLRI (POLICE OF REPUBLIC OF INDONESIA) MEMBERS (STUDY IN REGIONAL POLICE IN CENTRAL JAVA) Lihu, Anggie Andhika A. Putri
IJCLS (Indonesian Journal of Criminal Law Studies) Vol 3, No 1 (2018): May 2018 Indonesian Journal of Criminal Law Studies
Publisher : Universitas Negeri Semarang (UNNES)

The Police of the Republic of Indonesia (Polri) has a role to realize the internal security of Indonesia. Many people consider that members of the Police who commit a criminal offense will not be prosecuted under the law as they should, and get protection from the Police institution itself. This study aims to determine the extent of criminal law policy in an effort to overcome criminal acts committed members of the Police either formulatively, applicative or executive.This research uses normative juridical method with empirical juridical approach to make this research more weighted. Normative juridical method is used to examine and analyze formulative policies related to criminal acts committed by Polri members, while empirical juridical approach is used to examine law enforcement practices against members of the Police who committed criminal acts in the territory of Regional Police of Central Java.The results of the study indicate that binding regulations for IndonesianÂ citizens who commit criminal offenses both regulated in the Criminal Code of Indonesia and outside the Criminal Code of Indonesia, are also binding on the members of the Police who commit the crime. While the future criminal law policy regarding criminal acts committed by members of the Police has improved, although there are still some weaknesses that still need to be reviewed, in addition, also investigated the practice of criminal law enforcement against members of the Police who committed criminal acts. The results of this study attempt to straighten the view of the people of Indonesia who assume that every member of the Police who commit a criminal act will be protected by the Police institution itself.

EXISTENCE OF CRIMINAL LAW ON DEALING CYBER CRIME IN INDONESIA Jhon, Ranty Mahardika
IJCLS (Indonesian Journal of Criminal Law Studies) Vol 3, No 1 (2018): May 2018 Indonesian Journal of Criminal Law Studies
Publisher : Universitas Negeri Semarang (UNNES)

Cybercrime is a social phenomenon that opens the scientific horizons in the world of law, how a very terrible crime can be done by just sitting sweet in front of the computer. Cybercrime is a dark side of the advancement of information and communication technology that brings widespread implications in all areas of life as they are closely linked to economic crime and organized crimes. From several types of cybercrime, UN Congress X in Vienna established hacking as first crime. The question is whether a positive criminal law can reach cybercrime, there are at least two discourses developed among criminal law experts. First, cybercrime is not a new crime and is still affordable by the Criminal Code to deal with it. In this view the arrangement to deal with cybercrime should be integrated into the Criminal Code and not in its own laws. Secondly, this opinion states the need for renewal of criminal law by forming a new law governing cybercrime. This is based on the fact that this crime has characteristics different from conventional crime, while the existing criminal law instruments are still difficult to cope with the development of this crime. There are two interesting things to look at. First, the development of Information Technology and cybercrime. Second, concerning the existence of Positive Criminal Law in handling cybercrime in Indonesia.

COMMUNITY PARTICIPATION IN COMMUNITY DIVERSION PROGRAM Ayuningtyas, Paramta
IJCLS (Indonesian Journal of Criminal Law Studies) Vol 3, No 1 (2018): May 2018 Indonesian Journal of Criminal Law Studies
Publisher : Universitas Negeri Semarang (UNNES)

Community Members had been participated in CDP as participant of fammily group discussion, guidance, supervision and empowerment of offender fammily. This research had purposes to know how important Community Members (Community Leaders, Religious Leaders, and Teacher) had been participated in Community Diversion Program (CDP) as effective solution to solve Juvenille Delinquency and how its community participation model on running CDP. The method used in this research is qualitative method and socio legal approach. In this research can be concluded that Community Members had important roles in CDP as partner of Parole Officer and other Law Enforcement Apparatus to held Community Based Corrections (CBC), is all about activities which refered to therapy program, supports, and supervision for offender. Partnership Model is community participation model which took high level of community participation in development program, such as CDP. So Community Diversion Program could be alternative solution to increase effectiveness of law enforcement in Juvenile Justice System in Indonesia, those effectiveness are decreasing number of recidivism and law enforcement resulted justice, utility and certainty

THE IMPLEMENTATION OF RESTORATIVE JUSTICE BY INDONESIAN NATIONAL POLICE INVESTIGATORS IN TRAFFIC ACCIDENTS RESULTING IN DEATH Utomo, Budi
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)

criminal justice system from investigation, prosecution, trial examination and execution of judgment which leads to criminalization, but in its development there is an alternative law enforcement desired by the justice seekers through restorative justice which prioritizes recovery at the original state as a result of the crime. Therefore, it is necessary to analyze the importance of restorative justice by Indonesian National Police Investigators in traffic accidents resulting in death, as well as its implementation. The theoretical concepts used are implementation, restorative justice, law enforcement, criminal law policy, justice, traffic accidents, and Police Investigators.Qualitative research approach, type of socio-juridical research, focuses on the importance of restorative justice and its implementation by Indonesian National Police Investigators in traffic accidents resulting in death. Location of research is in Resort Police of Semarang. Data sources are primary, secondary and tertiary. Data collection techniques were conduct through documentation, observation, and interviews. Data validity was using triangulation technique, data analysis technique using interaction analysis model. The results of research on the importance of restorative justice and its implementation by Indonesian NationalÂ Police Investigators in traffic accidents resulting in death are analyzed through philosophical, sociological and juridical point of view, while its implementation is analyzed by the implementation model of George C. Edward III which shows that restorative justice has not been understood optimally by Indonesian National Police investigators and the community even though in reality have been practiced in the duties or daily life. The obstacles, namely the absence of legal restorative justice umbrella is firm and clear, still weak understanding of Indonesian National Police Investigators and the public, especially the parties related to the settlement of criminal cases through restorative justice. Efforts to overcome these obstacles, Police Investigators in the settlement of criminal acts through restorative justice refers to the rules that are directly or indirectly relevant, organizing socialization about restorative justice within the Indonesian National Police, especially Indonesian National Police Investigators, and the public. Based on the description above, it can be concluded that the importance of restorative justice can be seen from philosophical, sociological and juridical point of view, whereas in its implementation is influenced by four factors, namely, communication, resources, disposition, and bureaucratic structure. Suggestion of clear and firm regulation related to settlement of criminal case through restorative justice, especially traffic accident and the need to increase understanding of restorative justice by Indonesian National Police personnel, especially Indonesian National Police Investigator and society in general.

STUDY OF PENAL AND NON-PENAL APPROACH ON PREVENTION OF CORRUPTION IN INDONESIA Aini, Qurrotu
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)

Criminal policy can be interpreted in the narrow sense that criminal politics is described as a whole principle and method, which is the basis of the reaction to violations of laws in the form of criminal. And in a broad sense this is the overall function of law enforcement officials, including the workings of the court and the police. While in the broadest sense it constitutes the whole policy, which is carried out through legislation and official bodies that aim to uphold the central norms of society. Factors Underlying the Occurrence of Corruption Crime: a) Lack of salary for Civil Servants compared to needs that are increasingly increasing. b) Background of Indonesian culture or culture which is the source or cause of widespread corruption. c) Poor management and less effective and efficient controls that will provide opportunities for people to corruption. d) Modernization breeds corruption. Briefly the causes of corruption include 5 (five) aspects, namely: a) Individual Aspects of Actors, b) Aspects of Organizations / institutions, c) Aspects of society, d) Aspects of law enforcement and legislation, and e) Political Aspects. Efforts to prevent corruption through legal policies with means of reasoning and non-reasoning. Penal facilities include, a) Criminal Law Book (wetboek van Strafrecht) January 1, 1918; b) WvS in the 1915 Staatblaad Number 752 dated 15 October 1915; c) Law number 74 of 1957 in conjunction with Law Number 79 of 1957, d) Provisional Constitution of 1950, e) Government Regulation in lieu of law Number 24 of 1960 concerning Investigation, Prosecution and Corruption Criminal Investigation, f) Law number 1 of 1960, g) Law Number 24 Prp of 1960 concerning Investigation, Prosecution and Corruption Criminal Investigation, h) Law Number 3 of 1971 concerning Eradication of Corruption Crime; i) MPR XI / MPR / 1998 Tap concerning the implementation of a clean and free country of corruption, collusion and nepotism; j) Law number 28 of 1999 concerning State settlements which are clean and free of KKN which includes provisions on criminalization of collusion and nepotism offenses, k) Law number 31 of 1999 concerning the eradication of criminal acts of corruption, l) Law number 20 of 2001 concerning amendments to Law Number 31 of 1999 concerning the Eradication of Corruption Crimes that took effect from 21 November 2001, m) Law Number 30 of 2002 concerning the Corruption Eradication Commission. Efforts to deal with non-criminal crimes can be in the form of: a) Non-criminal prevention (Prevention without punishment), b) Influencing the public's view of crime and punishment through mass media (influencing views of society on crime and punishment mass media).Keywords: corruption, reason, nonpenal

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Editorial Address
Criminal Law Department, Faculty of Law UNNES, K Building 2nd Floor, UNNES Sekaran, Gunungpati, Semarang, Central Java, Indonesia, 50229

Location
Kota semarang,

Jawa tengah

INDONESIA