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[The Fulfilment of Workers' Rights in the Dimension of Human Rights based on Indonesian Manpower Law ]]>
<![CDATA[Imron, Ali]]>;
<![CDATA[Hunawa, Hermawan Rizki]]>
<![CDATA[ IJCLS (Indonesian Journal of Criminal Law Studies) Vol 6, No 1 (2021): Indonesian J. Crim. L. Stud. (May, 2021) ]]>
Publisher : <![CDATA[Universitas Negeri Semarang (UNNES) ]]>
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DOI: 10.15294/ijcls.v6i1.29400
<![CDATA[which is regulated in Article 88 paragraph (1) in Law Number 13 of 2003 concerning manpower. However, in reality there are still many companies that ignore the rights of their workers' wages, which should be a normative right that must be fulfilled by the employers of the workers themselves. There are still many companies that fulfill the rights of workers / laborers themselves, which are still very concerning and there are still many companies that ignore the rights of the workers themselves. Which in itself is a current employment problem. And we often see that many layoffs that occur in Indonesia are caused by the dissatisfaction of an entrepreneur with the performance of his workers. In this case it is due to the unfulfilled rights of the workers themselves, especially from the fulfillment of wage or salary rights. With the fulfillment of workers' rights, this can have many positive impacts that occur between employers and workers themselves. In addition to enhancing the harmonious relationship between employers and workers, this can improve the welfare of the workers' economy and will show a good quality of performance for the company and devote all their loyalty to the company. Before carrying out work where the employer provides it, it is necessary to establish a work agreement and a collective labor agreement between the employer and the worker, in which this is done to protect what should be the right of both parties. And no less important, the problem related to the field of occupational health, is that during a work relationship which is a legal relationship, workers must receive insurance for their health.]]>
<![CDATA[Exiting the Prisoners Policy in Indonesia and Some Countries due to COVID-19 Disclosure ]]>
<![CDATA[Istiqomah, Lina Dwi]]>
<![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.v5i2.24947
<![CDATA[COVID-19 has been declared a national disaster by the Government. More and more people are indicated positive COVID-19, asking the government to make policies. One of them is the release of prisoners to prevent the spread and transmission of the COVID-19 virus in the Penitentiary. The existence of this policy. Many issued this policy as hasty and not wise. There is still community stigmatization of ex-convicts making it difficult for the public to accept this budget. This paper uses the discussion of normative law that is the study of literature or literature and qualitative descriptive analysis of the problem. This study explains the analysis of prisoner release policies by the government. Prisoner release policy made by the government based on the Minister of Law and Human Rights Regulation No. 10 of 2020 concerning policies relating to this policy has caused unrest in the community and will cause new problems.]]>
<![CDATA[Implementation of Corruption on Law Enforcement in the Criminal Justice System in Indonesia ]]>
<![CDATA[Hasna, Ariza]]>;
<![CDATA[Jaya, Nyoman Serikat Putra]]>
<![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.v5i2.28113
<![CDATA[The increase in criminal acts of corruption has brought disasters not only to the life of the nation and state in general, but also can cause various weaknesses in the lives of future generations. For this reason, strict, consistent and non-discriminatory law enforcement is needed for corruptors. However, law enforcement in the Criminal Justice System in Indonesia is still unable to carry out maximum law enforcement against corruption perpetrators, because there are still some weaknesses and problems, judging from the regulatory aspects there are still overlapping arrangements, the quality of the judiciary still needs to be improved because it has not been able to create justice in the public, the monitoring system of the performance of law enforcement officials related to corruption law enforcement still needs to be improved because it is not yet integrated, while the sanctions given are still considered to be not optimal so that it does not cause a deterrent effect to the perpetrators, so that in the future it is expected to change, reform and increase in Criminal Justice System in Indonesia.]]>
<![CDATA[Sexual Offences Against Women: India’s Legal Perspective ]]>
<![CDATA[Behera, Ashok Kumar]]>
<![CDATA[ IJCLS (Indonesian Journal of Criminal Law Studies) Vol 6, No 1 (2021): Indonesian J. Crim. L. Stud. (May, 2021) ]]>
Publisher : <![CDATA[Universitas Negeri Semarang (UNNES) ]]>
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DOI: 10.15294/ijcls.v6i1.29401
<![CDATA[The concept of equality and nondiscrimination is placed on account of the Indian constitution. Besides, it also enables the state to adopt different measures of affirmative discrimination in favor of women. Laws tend to be gradual, focusing on detailed forms of brutality rather than dealing expansively with all forms of hostility against women. When the law is input, there is frequently feeble law enforcement. Complementary to that the stable throws away to the woman's children, which as an element from having an adverse result on their health also creates an emotional background for them in which they cannot protect against any bodily bloodshed or a number of forms of injustices.]]>
<![CDATA[Criminal Politics (Enforcement) of Criminal Law Based on Pancasila Equity ]]>
<![CDATA[Rasdi, Rasdi]]>
<![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.v5i2.28107
<![CDATA[Indonesian state based on Pancasila, any rule of law (criminal) and their enforcement should always contains/is inspired by the values of Pancasila. The policy of enforcing criminal law means upholding justice, and the justice for the Indonesian people is equity based on Pancasila. The direction and policies for the development of national law (criminal law) in realizing the ideals of legal development based on justice should always be based on religious values, customs and socio-cultural values of Indonesian society which crystallized in the Pancasila philosophy. Therefore, the essence of criminal law policy is that efforts to achieve social welfare should always be inspired by and based on the basic values of the Pancasila philosophy as Grundnorm / Staatsfundamentalnorm (fundamental norms of the state) of the Indonesian nation. Pancasila is the values, principles, soul and spirit of the Indonesian people. Pancasila is the basic norm (grundnorm), and at the same time the basic values (grundwerten), which are the spirit of Indonesian law. Law is always rooted in "a peculiar form of social life", therefore a legal system is a uniqueness, an institution rooted in the cosmology, values and traditions of the nation concerned.]]>
<![CDATA[Legal Protection of Children in Armed Conflict in the View of International Humanitarian Law ]]>
<![CDATA[Mangku, Dewa Gede Sudika]]>;
<![CDATA[Yuliartini, Ni Putu Rai]]>
<![CDATA[ IJCLS (Indonesian Journal of Criminal Law Studies) Vol 6, No 1 (2021): Indonesian J. Crim. L. Stud. (May, 2021) ]]>
Publisher : <![CDATA[Universitas Negeri Semarang (UNNES) ]]>
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DOI: 10.15294/ijcls.v6i1.27836
<![CDATA[In an armed dispute, the protected persons include combatants and the civilian population. Combatants who have horse de combat status must be protected and respected in all circumstances. Combatants who fell into enemy hands gained the status of prisoners of war. Protection and rights as prisoners of war are regulated in Geneva Convention III of 1949. Meanwhile, civilians are entitled to protection as regulated in Geneva Convention IV of 1949. The legal protection given to children is more focused on the consequences of armed disputes that will affect or affect children. As part of the civilian population, children who do not participate in hostilities receive general protection without any adverse distinction based on ethnicity, nationality, religion, or political opinion, and are intended to alleviate the suffering caused by war]]>
<![CDATA[The Concept of Corporate Criminal Liability in the Law on Information and Electronic Transactions ]]>
<![CDATA[Rahayu, Hartoto Suci]]>;
<![CDATA[Lukitasari, Diana]]>
<![CDATA[ IJCLS (Indonesian Journal of Criminal Law Studies) Vol 6, No 1 (2021): Indonesian J. Crim. L. Stud. (May, 2021) ]]>
Publisher : <![CDATA[Universitas Negeri Semarang (UNNES) ]]>
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DOI: 10.15294/ijcls.v6i1.29501
<![CDATA[The development of cyber crime gives birth to new facts that corporations can become perpetrators of criminal acts, therefore it is necessary to impose criminal responsibility on the corporation. The purpose of this research is to find out the criminal responsibility of corporations in Law Number 11 of 2008 in conjunction with Law Number 19 of 2016 concerning Electronic Information and Transactions. The type of research in writing this journal is normative or doctrinal by using a statutory approach and taking primary and secondary legal materials. Law Number 11 of 2008 in conjunction with Law Number 19 of 2016 concerning Electronic Information and Transactions adopts the doctrine of identification in imposing criminal liability on corporations. In addition, actions against the law by the management and / or staff of the corporation can be subject to criminal liability based on the doctrine of vicarious liability.]]>
<![CDATA[Legal Protection of Nursing Students in Implementing Clinical Practices at the Hospital ]]>
<![CDATA[Arifin, Moh Syamsul]]>;
<![CDATA[Yustitianingtyas, Levina]]>
<![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.v5i2.28108
<![CDATA[The procurement of health personnel is carried out through higher education in the health sector which is directed at producing quality health personnel in accordance with professional service standards. The Field Learning Practice stage is also known as the clinical learning process which is fully implemented in the practical field, namely the hospital under the supervision of the clinical supervisor. In carrying out student clinical practice errors or omissions may occur. The purpose of this study is to determine the responsibility of nursing students who make mistakes that result in harm to patients and to find out legal protection for nursing students who make mistakes that cause harm to patients. The research described is normative research using primary, secondary and tertiary legal materials, analytical descriptive research characteristics, legal material collection is done by document study techniques, data are analyzed qualitatively. The results show that the management of nursing student responsibilities who make mistakes can be seen from the civil aspects of the criminal and administrative aspects while the legal protection is regulated in Law Number 36 of 2009 concerning Health, Law Number 44 of 2009 concerning Hospitals, Law RI Law No. 38 of 2014 concerning Nursing, Law No. 36 of 2014 concerning Health Workers, and Regulation of the Minister of Health No. 148 of 2010 concerning Licensing and Implementation of Nursing Practices while the Cooperation Agreement between Educational Institutions and Health Institutions already contains 4 elements, namely consent of the will, authority ), specific (achievement) objects and objectives of the agreement.]]>
<![CDATA[Imposition of Sanctions Criminal Personnel for Torture in the Investigation Process ]]>
<![CDATA[Manik, Sonya Isabella]]>
<![CDATA[ IJCLS (Indonesian Journal of Criminal Law Studies) Vol 6, No 1 (2021): Indonesian J. Crim. L. Stud. (May, 2021) ]]>
Publisher : <![CDATA[Universitas Negeri Semarang (UNNES) ]]>
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DOI: 10.15294/ijcls.v6i1.28603
<![CDATA[The aim of this research is to find out how the legal process for police officers who abuse suspects and how the process of arresting and examining suspects. The research used the normative juridical research method, and it is found that law enforcement against POLRI members requires a legal basis that is used as a formal juridical basis in committing a crime. The legal basis in question is the Criminal Procedure Code, namely Law No. 8 of 1981. In connection with the subject that is a suspect or defendant is a member of the National Police, besides the Criminal Procedure Code, there are several other regulations that are used as a juridical basis in implementing legal proceedings against members of the Indonesian National Police who commit criminal acts as a legal basis are stipulated at some laws, such as Law Number 2 of 2002 concerning the Indonesian National Police, Law Number 14 of 2011 concerning the Professional Code of Ethics for the State Police of the Republic of Indonesia, and Government Regulation Number 3 of 2003 concerning the Implementation of General Judicial Institutional Techniques for Members of the Indonesian National Police. This research also highlighted that the task of arresting officers is carried out by the state police of the Republic of Indonesia by showing a letter of assignment and giving the suspect an arrest warrant stating the suspect's identity (full name, age, occupation, religion, and address/residence) and state the reasons for the arrest and a brief description of the criminal case suspected and the place where he was examined. In the event of being caught in the red, the arrest is carried out without a warrant, provided that the arrest must immediately hand over the person caught and the evidence available to the investigator or the closest assistant investigator.]]>
<![CDATA[Parental Responsibility Toward Child as Criminal Offender in Indonesian Criminal Reform ]]>
<![CDATA[Jananuraga, Hatma Aditya]]>;
<![CDATA[Cahyaningtyas, Irma]]>
<![CDATA[ IJCLS (Indonesian Journal of Criminal Law Studies) Vol 6, No 1 (2021): Indonesian J. Crim. L. Stud. (May, 2021) ]]>
Publisher : <![CDATA[Universitas Negeri Semarang (UNNES) ]]>
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DOI: 10.15294/ijcls.v6i1.30140
<![CDATA[Parents as the first guardian of the child make their role irreplaceable for children. The negligence of parents in interpreting their role as caretakers of children can have an impact on children's development. True children do not have the ability to plan a crime. ABH is more accurately seen as a victim. This study reveals the responsibility of parents to child offenders of criminal offenses in Indonesian law today and its reforms in the future. This study uses a qualitative approach and normative juridical research methods. Code No. 11 of 2012 concerning the Juvenile Criminal Justice System implies the use of Restorative Justice in every settlement of juvenile crime. There is no formal legality of parents' responsibility for criminal acts committed by children, however, the Law on the Criminal Justice System for Children only regulates the responsibility of parents in the form of compensation in terms of diversion. The principle of Vicarious Liability can be applied to child crimes in the future. The principle of Vicarious Liability can be clearly stated in the regulations relating to juvenile punishment. The principle of vicarious liability can be applied to parents for criminal acts committed by children in the context of the transfer of criminal acts, based on legal objectives, namely justice, certainty and legal usefulness in the application of criminal law in Indonesia.]]>
