INDONESIAN JOURNAL OF CRIMINAL LAW STUDIES
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.
Articles
214 Documents
<![CDATA[Juridical Review of Restorative Justice in the Juvenile Justice System through Diversion ]]>
<![CDATA[Putri, Claudia Carolina Indra]]>
<![CDATA[ IJCLS (Indonesian Journal of Criminal Law Studies) Vol 4, No 1 (2019): May 2019 Indonesian Journal of Criminal Law Studies ]]>
Publisher : <![CDATA[Universitas Negeri Semarang (UNNES) ]]>
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DOI: 10.15294/ijcls.v4i1.18680
<![CDATA[Children are the most valuable assets, for families, communities and nations so that they need to be protected and noticed from negative influences especially in the current era of globalization. This is because children at the age of 12-18 years are still easily affected by negative factors outside themselves so that children fall into juvenile delinquency and even lead to criminal acts which are then called children who conflict with the law. Children who have committed a crime will inevitably bring into the criminal justice process which causes children to be harmed because it will create a negative stigma on children, discrimination, loss of children's rights and so on. For this reason, there is a need for other ways of solving child cases through the diversion stage with a restorative justice approach. The research method used is a normative juridical legal research method, the approach used in legal research is the statute approach. The results and discussion of diversion in the criminal justice system is the process of resolving child cases out of criminal justice. Diversion must be applied during the investigation / investigation phase, the prosecution stage, and the examination phase in the court. In Indonesia diversion embodied in Law No. 11 of 2012 concerning the Criminal Justice System of Children in the implementation of diversion is very suitable to be combined with a restorative justice approach which is the settlement of criminal cases involving the perpetrators, victims, families of perpetrators / victims, and other parties related parties to jointly seek a just solution by emphasizing recovery back to its original state, and not retaliation. ]]>
<![CDATA[Criteria of Bad Debt at National Banks That Have an Implication for Corruption ]]>
<![CDATA[Parhusip, Rudhy]]>
<![CDATA[ IJCLS (Indonesian Journal of Criminal Law Studies) Vol 4, No 1 (2019): May 2019 Indonesian Journal of Criminal Law Studies ]]>
Publisher : <![CDATA[Universitas Negeri Semarang (UNNES) ]]>
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DOI: 10.15294/ijcls.v4i1.18941
<![CDATA[Banking is closely related to risk management as seen in Bank Indonesia Regulation number 11/25/2009 concerning Amendments to Bank Indonesia Regulation (PBI) Number: 5/8/2003 concerning Application of Risk Management for Commercial Banks. In Article 1 number 4 PBI 11/25/2009, explained risk is the potential loss due to the occurrence of certain events. The types of risks that might occur, are described in Article 4 PBI: 11/25/2009 namely Credit Risk, Market Risk, Liquidity Risk, Operational Risk, Legal Risk, Reputation Risk, Strategic Risk and Compliance Risk, but law enforcement officials cannot distinguish whether a state loss is the result of a Business Judgment Rule (BJR) or indeed an illegal act, focus on a state financial loss.]]>
<![CDATA[E-Retribution as an Effort to Break the Corruption Chain (Study of Market E-Retribution Implementation in Surakarta City) ]]>
<![CDATA[Kinasih, Wulan]]>
<![CDATA[ IJCLS (Indonesian Journal of Criminal Law Studies) Vol 4, No 1 (2019): May 2019 Indonesian Journal of Criminal Law Studies ]]>
Publisher : <![CDATA[Universitas Negeri Semarang (UNNES) ]]>
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DOI: 10.15294/ijcls.v4i1.18740
<![CDATA[Retribution is one of the most important regional revenues. Managing levies manually has a large potential for fund leakage and transparency issues. This study aims to describe the implementation of e-levies in the traditional markets of Surakarta city as an effort to break the chain of corruption. This research is a qualitative descriptive study. The research was conducted at Klewer Market and Surakarta City trade service. The results of the study indicate that E-retribution can increase transparency, accountability and community participation in supervision so that corruption can be minimized.]]>
<![CDATA[Social Loss Corruption Cases in Indonesia: How Should the Corruptors Punished? ]]>
<![CDATA[Nabila, Suci]]>
<![CDATA[ IJCLS (Indonesian Journal of Criminal Law Studies) Vol 4, No 1 (2019): May 2019 Indonesian Journal of Criminal Law Studies ]]>
Publisher : <![CDATA[Universitas Negeri Semarang (UNNES) ]]>
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DOI: 10.15294/ijcls.v4i1.19612
<![CDATA[Corruption is a serious problem that occurs in a country including Indonesia. Corruption is a problem that has a very big impact on the country and causes a lot of losses that its handling has not been taken seriously. This crime is very difficult to eradicate, because it is usually carried out in a systematic way and involves the authorities or people who hold economic and political power. In various countries the way to punish perpetrators of corruption is very diverse. In Indonesia alone the punishment used is a sentence of imprisonment. But the sentence of confinement in Indonesia is considered to have a deterrent effect. It is appropriate for a corruptor to be given severe sanctions and give a deterrent effect, one of which is a death sentence. But in Indonesia there are pros and cons regarding this death sentence.]]>
<![CDATA[Analysis of Corruption Settlement for Obligor Deviations of Bank Indonesia Liquidity Assistance (BLBI) ]]>
<![CDATA[Hasbullah, Hasbullah]]>
<![CDATA[ IJCLS (Indonesian Journal of Criminal Law Studies) Vol 4, No 1 (2019): May 2019 Indonesian Journal of Criminal Law Studies ]]>
Publisher : <![CDATA[Universitas Negeri Semarang (UNNES) ]]>
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DOI: 10.15294/ijcls.v4i1.18713
<![CDATA[The settlement of the BLBI Corruption Case was only focused on the mistakes of former IBRA Chairperson Syafruddin Arsyad Temenggung who issued paid settlement letter to Sjamsul Nursalim as a BLBI obligor which caused 4.58 trillion in financial losses, even though the SKL issuance contained legal slices of the state administration process and civil affairs. The corruption case of the former Chairperson of the IBRA has diverted us all to the main point of corruption errors in the BLBI distribution. Distribution of the Bank Indonesia Liquidity Assistance Facility (BLBI) with a total of 144.53 trillion, from the distribution recorded based on BPK-RI Audit No. 34 I / XII / 11/2006, there was a distribution deviation amounting to 138.44 trillion, but the BPK audit by law enforcement has never been carried out until now. Therefore the problem is focused on two main things, namely whether the settlement of the BLBI Corruption crime in the case of the IBRA chairman issuing SKL to Sjamsul Nursalim has resolved the BLBI corruption case and how the law enforcement policy in BLBI corruption settlement has cost the state 138,44 trillion . Using a normative juridical method that is qualitative in nature, the research results show that the settlement of BLBI corruption in the case of the IBRA chairman issuing SKL to Sjamsul Nursalim is not the case for BLBI irregularities and even in the legal doctrine of the case is not a corruption case due to a legal clash state administration and civil law. and there has been a transfer of corruption eradication in the case of BLBI distribution which has cost the country a total of 138.44 trillion, because law enforcers must enforce the law against alleged BLBI corruption with criminal mechanisms and if possible civilian efforts.]]>
<![CDATA[THE STUDY OF MUTUAL LEGAL ASSISTANCE MODEL AND ASSET RECOVERY IN CORRUPTION AFFAIR ]]>
<![CDATA[Rustamaji, Muhmmad]]>;
<![CDATA[Santoso, Bambang]]>
<![CDATA[ IJCLS (Indonesian Journal of Criminal Law Studies) Vol 4, No 2 (2019): Indonesian Journal of Criminal Law Studies Vol 4(2), November 2019 ]]>
Publisher : <![CDATA[Universitas Negeri Semarang (UNNES) ]]>
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DOI: 10.15294/ijcls.v4i2.18719
<![CDATA[The release of Indonesia Corruption Watch stated that the value of state losses due to corruption cases increased significantly from 2016 to 2017. Through Sociolegal research, this study utilizes a purposive random sampling technique. Data collection techniques used in-depth interviews, observation, documentation and Focus Group Discussion. The data analysis technique uses Miles and Huberman’s interactive analysis. Based on the new mechanism, this study succeeded in revealing the positive aspects of the regulation of seizure of assets resulting from corruption in foreign countries based on the Mutual Legal Assistance Agreement. The research produced findings on the functioning of law enforcement agencies and related institutions in Indonesia in an effort to seize assets resulting from corruption and money laundering stored abroad. In more detail, based on the conception of the reality of cooperation, it is known that in the context of eradicating criminal acts of corruption, failure to return assets resulting from corruption can be said to reduce the 'meaning of punishment' against corruptors. The development of such thinking implies that the eradication of corruption lies not only in the prevention and punishment of corruptors, but also includes actions that can restore asset recovery due to extraordinary crimes. Deprivation of assets resulting from corruption is primarily carried out abroad through Mutual Legal Assistance is a mechanism of international cooperation relating to investigations, prosecutions, and hearings in court proceedings in accordance with the provisions of the state legislation requested]]>
<![CDATA[THE PREVENTION OF NEGATIVE CONTENT BY USING VPN (VIRTUAL PRIVATE NETWORK) TOWARDS WEBSITE THAT IS BLOCKED BY THE GOVERNMENT ]]>
<![CDATA[Nugroho, Wahyu]]>;
<![CDATA[Ismunarno, Ismunarno]]>;
<![CDATA[Setyanto, Budi]]>
<![CDATA[ IJCLS (Indonesian Journal of Criminal Law Studies) Vol 4, No 2 (2019): Indonesian Journal of Criminal Law Studies Vol 4(2), November 2019 ]]>
Publisher : <![CDATA[Universitas Negeri Semarang (UNNES) ]]>
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DOI: 10.15294/ijcls.v4i2.21762
<![CDATA[This research aims to know how is the prevention of negative content that is accessed by using VPN towards website that is blocked by the government through Indonesian National Police and the obstacle of its prevention. The research conducted is non-doctrinal research, which is a research to know some practical situations. This research uses primary and secondary data. Primary data is direct interviews with the Indonesian National Police and Ministry of Communication and Informatics to know blocking efforts and regulations of applications missuse. Secondary data is obtained by literature studies. The government has blocked websites with negative content based on Minister of Communication and Informatics Regulations Article 19 years of 2014 about Handling of Websites with Negative Content. Government-blocked websites can be opened with VPN applications. Indonesian National Police’s step in handling the missuse of VPN applications to access negative content is with the prevention efforts. There is no device missuse regulations yet makes an obstacle to prevent represively. Ministry of Communication and Informatics begins to regulate the utilization of VPN application in the terms of licensing.]]>
<![CDATA[IMPLEMENTATION OF PENAL MEDIATION IN THE PERSPECTIVE OF PROGRESSIVE LAW (STUDY AT THE SEMARANG CITY POLICE DEPARTMENT) ]]>
<![CDATA[Hartanto, Sri]]>;
<![CDATA[Utari, Indah Sri]]>;
<![CDATA[Arifin, Ridwan]]>
<![CDATA[ IJCLS (Indonesian Journal of Criminal Law Studies) Vol 4, No 2 (2019): Indonesian Journal of Criminal Law Studies Vol 4(2), November 2019 ]]>
Publisher : <![CDATA[Universitas Negeri Semarang (UNNES) ]]>
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DOI: 10.15294/ijcls.v4i2.21494
<![CDATA[Criminal Law has the characteristics of a double-edged sword, because on one side it protects the victim but on the other side deprives the rights of the perpetrators. Therefore, the settlement of cases through criminal lines becomes ultimum remidium because Criminal Law is used as a last resort in solving criminal cases. One form that emerges today is the Penal Mediation effort which is used as a form of settlement of criminal cases, especially for insignificant crimes. The paper analyzes and looks deeper into the implementation of penal mediation at the Police level, in the Semarang City Police Department. The research uses an empirical juridical method with a research location in the city of Semarang. The research underlines that in the implementation of media penalties at the police level is carried out through a Progressive Law framework. In its implementation, the police must base on the principle of conflict resolution, process-oriented, and the process is informal. One of the penal mediation forms implemented and applied by Semarang City Police Department is on domestic violence cases, where the principle that is put forward is Victim Offender Mediation. This study concludes that the implementation of media penal is one form of restorative justice in Indonesia.]]>
<![CDATA[THE ROLE OF THE COMMUNITY IN LAW ENFORCEMENT ERADICATION OF CORRUPTION CRIME ]]>
<![CDATA[Wulandari, Sri]]>
<![CDATA[ IJCLS (Indonesian Journal of Criminal Law Studies) Vol 4, No 2 (2019): Indonesian Journal of Criminal Law Studies Vol 4(2), November 2019 ]]>
Publisher : <![CDATA[Universitas Negeri Semarang (UNNES) ]]>
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DOI: 10.15294/ijcls.v4i2.18741
<![CDATA[The aspirations of the community in eradicating criminal acts of corruption are very much needed and have an important role as social control. Therefore, efforts to prevent and eradicate corruption need to be intensified by continuing to uphold human rights and the interests of society. Law Number 20 Year 2001 concerning Amendment to Law Number 31 Year 1999 concerning Eradication of Corruption, formulating it explicitly as a formal crime means that even though the results of corruption have been returned to the perpetrators' countries, they are still submitted to the court and the judicial process applies the burden of proof in reverse. which is limited or balanced. It turns out that in this Law the defendant's statement is not a strong evidence because it is only a means of supporting existing evidence, this provision actually becomes a weakness in eradicating criminal acts of corruption. Because the position of a strong defendant's information will become evidence legal and legal basis for judges to impose a crime]]>
<![CDATA[THE IMPLEMENTATION OF SOCIAL WORK ASSIMILATION FOR PRISONERS ]]>
<![CDATA[Rini, Diah Puspita]]>
<![CDATA[ IJCLS (Indonesian Journal of Criminal Law Studies) Vol 4, No 2 (2019): Indonesian Journal of Criminal Law Studies Vol 4(2), November 2019 ]]>
Publisher : <![CDATA[Universitas Negeri Semarang (UNNES) ]]>
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DOI: 10.15294/ijcls.v4i2.21883
<![CDATA[This research explaining what the basic idea of the non-legal the need for the assimilation of the indonesian social work , explains how the implementation of assimilation for social work convicts in indonesia .This study adopted qualitative approaches and the kind of research juridical sociological perspective.Research focus is the basic idea of the non-legal the need for the assimilation of the indonesian social work , how the implementation of assimilation for social work convicts in indonesia .The source of the data used was primary and secondary data , data collection technique interviews and the literature study .The results of the study are the basic idea of the non-legal assimilation work society is coaching the assimilation of social work required for the inmate so that they will if can be brought in again by the community.This is in accordance with the purpose of criminal justice namely the theory which joint criminal the only but not the social work.The implementation of the assimilation of social work is in accordance with the applicable regulation .The factor that hinder from this research are rules that were not clear in tehnisnya regulate matters of the implementation of the assimilation of social work .Drawing conclusions of the study are the basic idea of the non-legal assimilation society is the work for the establishment of a convict so that they will not excommunicated if free the people and not repeat the appalling crimes he committed .The implementation of assimilation for social work convicts across indonesia in accordance with The Minister of Law and Human Rights of the Republic of Indonesia Number 3 Year 2018]]>
