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Wahid Fathoni
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INDONESIA
Indonesian Journal of Criminal Law and Criminology (IJCLC)
Published by Universitas Muhammadiyah Yogyakarta
ISSN : 27457192     EISSN : 27457184     DOI : https://doi.org/10.18196/ijclc
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Indonesian Journal of Criminal Law and Criminology (IJCLC) adalah jurnal ilmiah berkala yang diterbitkan oleh Fakultas Hukum Universitas Muhammadiyah Yogyakarta tiga kali dalam setahun pada bulan Januari, Mei, dan September. IJCLC memiliki visi menjadi jurnal ilmiah yang terdepan dalam pengembangan ilmu hukum pidana dan kriminologi. Fokus dan lingkup penulisan jurnal meliputi kajian tentang Hukum Pidana, Kriminologi dan Viktimologi.
Arjuna Subject : Seni dan Humaniora - Seni dan Humaniora (Lain-Lain)
Articles 5 Documents
 1 
Search results for , issue "Vol 4, No 1 (2023): March" : 5 Documents clear
Penguatan Lembaga Adat Tuha Peut dalam Penyelesaian Perselisihan Masyarakat Aceh Rahmito Azhari; Wahyu Ramadhani; Fahrul Reza
Indonesian Journal of Criminal Law and Criminology (IJCLC) Vol 4, No 1 (2023): March
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/ijclc.v4i1.17854

Abstract

The life of customs and customary law in Acehnese society is emphasized in Law Number 11 of 2006 concerning the Government of Aceh (UUPA), namely in Article 98 of the LoGA which regulates the duties, authorities, rights and obligations in carrying out the development of traditional life and customs by establishing a Aceh Qanun. Tuha Peut Gampong has not played a good role in resolving community disputes. ). The tuha peut institution consists of four elements, namely elements of ulama, adat, clever people, and community leaders. The authorities of tuha peut include appointing and dismissing geuchik, compiling reusam gampongs, supervising and resolving disputes that occur in the community. In Aceh, there are still many customary disputes that have not been resolved in the customary settlements in the gampong and many have been reported by the community to the police. This is also due to the lack of knowledge of the Tuha Peut Customary Institution in resolving disputes at the gampong level. This study aims to identify the role of Tuha Peut Gampong as a gampong consultative body in the process of resolving community disputes, to find out the obstacles that cause Tuha Peut Gampong to have not played a good role in resolving disputes that occur in the community, and to find out the efforts made to strengthen the role of Tuha Peut Gampong. Gampong in the settlement of community disputes. The data in this study were obtained from literature review and field research. A literature review was conducted to obtain secondary data by studying the literature and applicable laws and regulations.
Studi Perbandingan Hukum Perwujudan Pertanggungjawaban Pidana Korporasi antara Inggris dan Indonesia Rayhan Wardhana Hascarya Dwiyantama
Indonesian Journal of Criminal Law and Criminology (IJCLC) Vol 4, No 1 (2023): March
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/ijclc.v4i1.12359

Abstract

A corporation is a legal entity established with a certain amount of capital to carry out business activities in an area. The implementation of corporate activities must comply with all applicable regulations in the region. However, there is the possibility of rules violation, for example, committing a crime so that they must be held responsible. Corporate criminal liability implements in countries such as the UK and Indonesia. The two countries have characteristics related to this aspect, which raises questions regarding the manifestation of corporate criminal responsibility in the UK and Indonesia, including their differences and similarities. This study aims to describe corporate criminal responsibility in England as a pioneer country and Indonesia as a civil law country that had never recognized this practice. The research explanation expects to make the reader aware of the embodiments, differences, and similarities. This study applies a normative juridical method that uses literary sources to answer problems and a comparative law approach to explain the differences and similarities of corporate criminal responsibility. The study results prove that corporate criminal liability in England and Indonesia has characteristics with differences and similarities.
Implikasi Penerapan Restorative Justice terhadap Putusan Pemidanaan di Pengadilan Negeri Kediri Moch. Choirul Rizal
Indonesian Journal of Criminal Law and Criminology (IJCLC) Vol 4, No 1 (2023): March
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/ijclc.v4i1.17214

Abstract

The application of restorative justice can only be applied to certain criminal acts. However, this limitation was penetrated by the judge at the Pengadilan Negeri (PN) Kediri. This situation causes legal uncertainty. Therefore, this study focuses on the suitability of the application of restorative justice with the principles of restorative justice and its implications for sentencing decisions in the PN Kediri. This normative legal research uses a statute approach, case approach, and conceptual approach with research sources in the form of secondary data which includes primary, secondary, and non-legal legal materials. As a result, the application of restorative justice in sentencing decisions in the PN Kediri has not been intended to provide recovery to victims and there is no open space for participation for parties involved and affected by the criminal acts that occurred, except for the Decision of PN Kediri Number 204/Pid.B/ 2014/PN.Kdr, October 2, 2014; and Decision of PN Kediri Number 144/Pid.B/2016/PN.Kdr, dated August 15, 2016. Most of the restorative justice implementations are still at the “can be restorative” stage. The application of the concept of restorative justice in this case has implications for the number of prison sentences imposed by the judge at the PN Kediri.
Pandangan Sosiolog dalam Mengatasi Kriminalitas di Kalangan Mahasiswa Pada Kawasan Padat Penduduk Wahyu Kurniawan Harly Pratama; Sulismadi Sulismadi
Indonesian Journal of Criminal Law and Criminology (IJCLC) Vol 4, No 1 (2023): March
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/ijclc.v4i1.17445

Abstract

Behavior or action becomes a benchmark for a peace or peace can be created in an area, Malang City, the increasing number of years makes the population continue to grow, especially in the increase in the number of students at every state university and private university in Malang City. The increase in population is either from the original residents of Malang who carry out the marriage process and produce offspring or increase due to migrants who enter the City / District. Malang for various purposes. With the increase in population, it certainly gives an idea of how the impact on the area, especially in the behavior that exists in densely populated areas, this behavior can be in accordance with the norms, values and laws that apply in the area, but there are also behaviors that are not in accordance with the norms, values and laws that cause unrest in the area, especially in terms of crime. The method in this research uses a descriptive qualitative method with a case study approach. This research was conducted in Bareng Village, which is located in Klojen District, Malang City. The technique of determining informants in this study used purposive sampling technique, namely determining informants with certain criteria. In this case, of course, humans become a benchmark for how the existing order can run smoothly or can be disrupted and also hampered.
Implikasi Tumpang Tindihnya Pasal Ujaran Kebencian Pada Tahap Prapenuntutan Perspektif Sistem Peradilan Pidana Indonesia M. Ilham Wira Pratama
Indonesian Journal of Criminal Law and Criminology (IJCLC) Vol 4, No 1 (2023): March
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/ijclc.v4i1.17568

Abstract

The criminal justice system aims to enforce material criminal law and formal criminal law. The parts in a legal system in principle should not be in conflict, conflict, or overlap with each other. However, the offense of expressing hatred is regulated in more than one criminal law legislation (overlapping) so that this has the potential to affect the law enforcement process in the criminal justice system. So it is necessary to know what the implications are in the criminal justice system, especially at the pre-prosecution stage. The research is a normative legal research with a statutory and conceptual approach. The results of the study indicate that the overlapping provisions of criminal law regarding hate speech have implications for the stagnation of the case process at the pre-prosecution stage, because of the potential for back and forth case files between investigators and public prosecutors because both of them can have different opinions and stances regarding the hate speech article that will be applied, so as to be detrimental to the suspect's right to obtain legal certainty and the quick and simple judicial process will be neglected.

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