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[RANDOM WRONGFUL CONVICTION AND EXONERATION, RARE COMPENSATION: A NEED FOR A COMPENSATION STATUTE IN BANGLADESH ]]>
<![CDATA[Saidul Islam, Mohammad]]>
<![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.v4i2.20863
<![CDATA[It is extremely difficult, not impossible, to determine the number of wrongful conviction in Bangladesh, mainly for the lack of initiative by the government and want of awareness among general people, advocates, rights groups, judges and others. It can undoubtedly be said that in Bangladesh many unjustly convicted are spending their lives in prison with intolerable sufferings and some of them have been released without any compensation. By analyzing the judicial decisions of the High Court Division of the Supreme Court of Bangladesh, the paper tries to highlight the frequency of wrongful conviction and exoneration in Bangladesh. This study also focuses the sufficiency of the present statute or tort law for compensating the unjustly convicted persons and highlights how better compensation can be ensured to the wrongfully convicted individuals in Bangladesh after consulting the statutes and States` practices of USA, UK, Canada, Australia, and India]]>
<![CDATA[PARALEGAL EXISTENCE IN PROVIDING ACCESS TO JUSTICE FOR THE POOR IN CENTRAL JAVA ]]>
<![CDATA[Wulandari, Cahya]]>;
<![CDATA[Wicaksono, Sonny Saptoajie]]>;
<![CDATA[Khikmah, Umi Faridatul]]>
<![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.v4i2.21604
<![CDATA[The lack of Legal Aid Implementers compared to Legal Aid Recipients is expected to hamper access to justice for the poor. Therefore this research aims to provide space for Paralegals especially in the Law Faculty of UNNES to be able to provide free legal assistance outside the court of the poor in Central Java. This research will at least discuss two issues, namely 1) How is the existence of the Law Faculty UNNES Paralegal in a juridical and institutional manner in providing Legal Aid? and 2) What is the role of the Paralegal Faculty of Law at UNNES in providing Legal Aid to the poor in Central Java ?. The method used in this research is sociological juridical with a qualitative approach. The results of this study indicate that currently Paralegals can only carry out non-litigation Legal Aid. This happened because the Supreme Court based on Decision Number 22 P / HUM / 2018 had canceled the Paralegal's role in litigation. The role of Paralegals from UNNES Law Faculty students is as a facilitator or intermediary in accommodating complaints of cases and consultation from Legal Aid recipients to be conveyed to Legal Aid Providers namely lecturers who are members of the Center for Legal Aid Study, while the role of Paralegals from UNNES Law Faculty alumni is as an assistant or who helps Advocates in carrying out non-litigation Legal Assistance such as mediation, consultation, negotiation, advocating cases outside the court and making trial files. The provision of legal aid by the Paralegal is considered to be very helpful for Lecturers and Advocates in fulfilling access to justice for the poor.]]>
<![CDATA[Criminal Law Study on Narcotics Abuse Rehabilitation ]]>
<![CDATA[Widiasyam, Salma]]>;
<![CDATA[Haris, Oheo]]>;
<![CDATA[Abdullah, Siti Aisah]]>
<![CDATA[ IJCLS (Indonesian Journal of Criminal Law Studies) Vol 5, No 1 (2020): Indonesian J. Crim. L. Stud. (May, 2020) ]]>
Publisher : <![CDATA[Universitas Negeri Semarang (UNNES) ]]>
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DOI: 10.15294/ijcls.v5i1.25330
<![CDATA[The purpose of this research is to determine whether the rehabilitation of the victims of narcotics abuse in the decree of the District Court of Kendari No. 236/Pid. Sus/2019/PN K has fulfilled the element of Article 54 Act number 35 year 2009. The type of research used in this study is normative research, using the Statute Approach, Case Approach, Conceptual Approach.Based on the results the authors conclude that narcotic addicts and narcotics abuse victims are obliged to undergo medical rehabilitation and social rehabilitation. The judge in the its verdict prosecute convicted because it has been proven legally and committed guilty of committing a criminal offence "narcotic abuse for himself", dropping a criminal against the defendant with imprisonment for 1 (one) year and 2 (two) months have in accordance with article 127 paragraph (1) of Law No. 35 Year 2009. However, in the ruling judge ignores article 127 paragraph (2) and paragraph (3) of Law No. 35 Year 2009 that the obligation of the judge in providing rehabilitation efforts against the defendant cases of drug abuse in line with the issuance of Circular Letter of Supreme Court No. 4 Year 2010.]]>
<![CDATA[Additional Punishment for Revocation of Political Rights to Corruption Prisoners in The Purpose of Punishment In Indonesia ]]>
<![CDATA[Sutrisno, Sutrisno]]>;
<![CDATA[Haryadi, Dwi]]>;
<![CDATA[Manik, Jean Darc Noviayanti]]>
<![CDATA[ IJCLS (Indonesian Journal of Criminal Law Studies) Vol 5, No 1 (2020): Indonesian J. Crim. L. Stud. (May, 2020) ]]>
Publisher : <![CDATA[Universitas Negeri Semarang (UNNES) ]]>
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DOI: 10.15294/ijcls.v5i1.25328
<![CDATA[The application of additional punishment of the revocation of political rights in the form of voting and/or voting rights elected in the elections to the corruption convicts was as an attempt to eradicate the extraordinary Corruption of crime and part of severe punishment and a charge of corruption convicts. The purpose of this research, namely: first, to know and analyze the implementation requirements of additional punishment of revocation of political rights to corruption prisoners in the perspective of human rights; Second, to know and analyze the position of additional penalty for the revocation of political rights in the purpose of punishment in Indonesia. The type of research used is normative juridical research with a legal approach, conceptual approach, a case approach approach, and a comparative approach. The results of the study proved that: first, political rights can be classified in the right to freedom of thought and a conscience that is unable to be reduced under any circumstance and attached to the status of citizens. The application of the additional penalty was the act of degrading and dignity of corruption prisoners as citizens because of the impact on the elimination of Rights and the disclosure of political rights of corruption prisoners until its application does not meet the requirements of the restriction on human rights in the perspective of the relative-particulate matter; Secondly, the theory of the goal of punishment in accordance with Indonesian philosophy is correctional which is also a rationality of the implementation of prison sentence as does Law No. 12 of 1995 about Correctional. The position of additional penalty for revocation of political rights is as an instrument of conforming or contrary to the purpose of punishment in Indonesia, namely correctional throughout its application to open an opportunity for the elimination of rights and not accompanied by an attempt to recover the rights that have been revoked]]>
<![CDATA[Legal Protection of Street Children for Exploitation in Criminal Law Perspectives ]]>
<![CDATA[syuhada, esa arung]]>
<![CDATA[ IJCLS (Indonesian Journal of Criminal Law Studies) Vol 5, No 1 (2020): Indonesian J. Crim. L. Stud. (May, 2020) ]]>
Publisher : <![CDATA[Universitas Negeri Semarang (UNNES) ]]>
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DOI: 10.15294/ijcls.v5i1.25327
<![CDATA[Article 34 paragraph 1 of the 1945 Constitution states that "the poor and neglected children are maintained by the state. The research method uses normative law, specifications of descriptive analytical research, primary data sources and additional data sources, primary data collection methods and secondary data sources, the method of presenting data is descriptive analytical, data analysis methods of legal material analysis techniques using content analysis.Research results show that the factors that cause the emergence of street children in the Kendal area are economic factors, unemployment, low parent income. The efforts of Kendal District Social Service in handling street children formally and non-formally in Kendal are Preventive Efforts, Repressive Efforts, Rehabilitation Efforts. Legal protection for street children who commit criminal acts committed by street children in the Kendal area, handling is done through open houses. To provide alternatives other than open houses, other forms of opportunity use criminal sanctions as a last resort. street children who do the shopping on the road can be arrested. Then it is accommodated and then given a kind of action (maatregel) with the judge's decision entered into a special penitentiary or rehabilitation institution]]>
<![CDATA[Cyber Crime in International Legal Instrument: How Indonesia and International Deal with This Crime? ]]>
<![CDATA[Wijaya, Massulthan Rafi]]>;
<![CDATA[Arifin, Ridwan]]>
<![CDATA[ IJCLS (Indonesian Journal of Criminal Law Studies) Vol 5, No 1 (2020): Indonesian J. Crim. L. Stud. (May, 2020) ]]>
Publisher : <![CDATA[Universitas Negeri Semarang (UNNES) ]]>
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DOI: 10.15294/ijcls.v5i1.23273
<![CDATA[Cybercrime is a new type of crime arising from globalization in this world. This crime is more dangerous than other crimes because the impact can cause world war. It is undeniable that this crime in the present has grown as time goes by until now, there are many cases of this crime. All countries compete to advance their technology for positive things, but many people abuse it for negative actions. We must be vigilant if we want to use technology because there are many bad people out there, if we are negligent then we can be affected by those bad people. Then the lack of public attention now that there is a new type of crime that is more dangerous than other crimes. We must protect each other so that we are not affected by cybercrime. This crime does not only have one sector but can be in all sectors, because this crime can be said to be an extraordinary crime.]]>
<![CDATA[Formulation Policy of Weekend Detention In Indonesia Criminal Law Reform ]]>
<![CDATA[hidayat, muhammad thaufik]]>;
<![CDATA[Widyawati, Anis]]>
<![CDATA[ IJCLS (Indonesian Journal of Criminal Law Studies) Vol 5, No 1 (2020): Indonesian J. Crim. L. Stud. (May, 2020) ]]>
Publisher : <![CDATA[Universitas Negeri Semarang (UNNES) ]]>
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DOI: 10.15294/ijcls.v5i1.25322
<![CDATA[The purpose of this study is to explain and describe how the formulation policy of weekend detention in Indonesia's positive law and how the formulation policy of weekend detention in the Indonesian criminal law reform in the future (ius constituendum). This research uses normative juridical method of research which is legal research conducted by examining the library material in the form of secondary data such as law or library material as well as other documents that support and data retrieval technique used is library research techniques and analysis of data used is interactive analysis model. The results showed that (1) criminal formulation policy the weekend detention in Indonesia's positive law of the arrangement in the correctional Institution is not regulated about the policy of weekend detention. However, in Indonesian positive law formulation has an assimilation program which is one of the programs in the actual criminal implementation almost resembles a weekend detention system. (2) The policy formulation of the weekend detention in the renewal of Indonesian criminal law (penal policy) can be done by the study of the law comparative countries such as France, Portugal, Vanuatu, Queensland and New South Wales that have implemented a relatively advanced prison system that is the weekend detention. The formulation of weekend detention that is expected to be valid in Indonesia in the future is to develop it firmly in the draft Penal code and paste it in article 65 the Draft Penal code or if the government is about to arrange codification in the law of criminal implementation, the weekend detention is entered in one of the types of criminal sanctions.]]>
<![CDATA[An Analysis of Indonesian Children Repratriation in Syria ]]>
<![CDATA[Sasmito, Poerwoko Hadi]]>;
<![CDATA[Harefa, Beniharmoni]]>
<![CDATA[ IJCLS (Indonesian Journal of Criminal Law Studies) Vol 5, No 1 (2020): Indonesian J. Crim. L. Stud. (May, 2020) ]]>
Publisher : <![CDATA[Universitas Negeri Semarang (UNNES) ]]>
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DOI: 10.15294/ijcls.v5i1.25329
<![CDATA[Some Indonesians in refugee camps in Syria state they want to return to Indonesia. The plan to repatriate the Indonesian ex-ISIS then raises the pros and cons. Some consider that Indonesian citizen who have joined ISIS deserve to be given the opportunity to improve themselves and have a right to be returned to Indonesia if they really want to repent. Some are worried that the repatriation of Indonesian citizen who join ISIS would create new problems in Indonesia. The problem is that among them there are dozens of children, and they are not combatants who took up arms against Iraq and Syria. They just follow where their parents go. Using the normative juridical study method, this paper explains the potential impact that can arise on national security if the Indonesian government adopts a policy of repatriating Indonesian children who used to join ISIS. The results in this study then provide a prescription that should be carried out by the Indonesian government towards Indonesian children who used to join ISIS]]>
<![CDATA[The Problematic Issue of Sharia Court’s Absolute Authority under Indonesia Judicial System ]]>
<![CDATA[Hastuti, Luthfiyah Trini]]>;
<![CDATA[Mayastuti, Anti]]>;
<![CDATA[Lukitasari, Diana]]>
<![CDATA[ IJCLS (Indonesian Journal of Criminal Law Studies) Vol 5, No 2 (2020): Indonesian J. Crim. L. Stud. (November, 2020) ]]>
Publisher : <![CDATA[Universitas Negeri Semarang (UNNES) ]]>
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DOI: 10.15294/ijcls.v5i2.28111
<![CDATA[The amendment of the Sharia Court position within the Indonesia’s public court jurisdiction is contained in Article 27 of Law Number 48 of 2009 concerning Judicial Powers where the existence of the Sharia Court is no longer stated to be included in the scope of the special court within this law. The amendment set different tone from what is contained in Law No. 4 of 2004 which in the elucidation of Article 15 states that, the Sharia Court is part of a special court. The problematic issue of Sharia Court’s absolute authority in Aceh province under Indonesia judicial system is also the main study discussed in this article. At the end of the article, suggestions for improvement are also presented in order to strengthen the position of the Sharia Court in Indonesia judicial system.]]>
