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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 3 (2023): November" : 5 Documents clear
Victim of Robberies Becomes Suspect: Indonesian Criminal Law and Human Rights Perspective Ahmad Fahmi Ilham Mulloh; Muhammad Rafif Wibowo; Adilla Putri Diva
Indonesian Journal of Criminal Law and Criminology (IJCLC) Vol 4, No 3 (2023): November
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/ijclc.v4i3.16876

Abstract

A young man from East Nusa Tenggara had to experience the crime of being a victim of a robbery, but unfortunately, he was named a suspect for killing the robber to defend himself. In the Indonesian legal basis, citizens have the right to defend themselves, protect and feel safe from the threat of fear, but what happened to the youth is contrary to this legal basis. The purpose of this research is to analyze the reasons why victims of robbery are named suspects with the aim of defending themselves from the perspective of Indonesian criminal law and human rights. The author also relates the decision to the existing laws and regulations, is the decision relevant to the law or not? This research adopts the normative legal research method. The results of this research are to provide new information regarding the right action and how to defend oneself according to the law if experiencing a similar criminal event. The findings of the research show that victims of robbery can take evasion actions by seeking self-protection from the authorities or by running away for their own safety, and according to the law, murder is a criminal act so that the victim can be made a suspect but there are other considerations
Analisis Hukum Pidana dan Kriminologi Terhadap Sukarelawan Pengatur Lalu Lintas di Kabupaten Bantul Firman Tri Wahyuono
Indonesian Journal of Criminal Law and Criminology (IJCLC) Vol 4, No 3 (2023): November
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/ijclc.v4i3.19114

Abstract

The problem formulation of this research how the social control theory of criminology analysis to factor exist SUPELTAS in Bantul Regency ? and whether the SUPELTAS deed in Bantul Regency can be categorized as a criminal act of begging ?. This research is an empirical study that uses a statutory approach in which to get a review of a legal event in the community based on statutory regulations. The research data were collected by conducting interview with the Head of Traffic Police of the Bantul Police, Banguntapan Police Traffic Head, 5 SUPELTAS and 3 road users in Bantul district. Based on the result of this research, showing that The economic difficulties, limited numbers of police and legal instruments which does not cause a deterrent effect, as well as personal control and social bonds which does not work effectively within SUPELTAS were the factors that causing the SUPELTAS in Bantul district exists and the SUPELTAS deed in Bantul district can be categorized as a criminal act of begging and it is violating Article 37 paragraph (1) jo. Article 22 letter a Bantul Regency Regional Regulation Number 4 of 2018 concerning the Implementation of Tranquility and Public Order
Perspektif Hak Asasi Manusia dan Landasan Yuridis terkait Praktik Abortus Provocatus di Indonesia Salma Agustina; Handar Subhandi Bakhtiar
Indonesian Journal of Criminal Law and Criminology (IJCLC) Vol 4, No 3 (2023): November
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/ijclc.v4i3.18551

Abstract

In medically, abortion refers to actions on a fetus that cannot survive outside the womb by stopping and removing the fetus.The purpose of this study is to understand the view of human rights and the juridical basis for the practice of abortion provocatus in Indonesia. As for the perspective of human rights, in order to be able to find out what rights are attached to mothers and children to this practice in order to determine the responsibilities of various parties related to the rules based on positive law. Furthermore, to comprehend the regulations that oversee the implementation of abortus provocatus so that they can know how they are held accountable for the types of abortion that are included in Abortus Provocatus based on positive law in Indonesia. The results obtained in this study indicate that according to the view of human rights (HAM), in the practice of abortion provocatus there are 2 rights that are discussed, namely the right to life for the fetus and the right to health for the mother. Basically abortion in any form is strictly prohibited because it is included in the deprivation of the right to life. However, the problem becomes different when the gestation period displays signs of a healthcare crisis that could jeopardize the well-being of the mother.. Meanwhile, there are 2 rules that form the juridical basis for the practice of provocatus abortion in Indonesia, namely the Criminal Code and the Health Law. In the Criminal Code, abortion is strictly prohibited and is a crime. Meanwhile, there is an exception to the prohibition on abortion provocatus which is regulated in the Health Law, namely if pregnancy occurs in a woman who is a victim of rape and the pregnancy has indications of a medical emergency
The failure of prisons in fostering and re-socializing prisoners Henky Fernando
Indonesian Journal of Criminal Law and Criminology (IJCLC) Vol 4, No 3 (2023): November
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/ijclc.v4i3.19116

Abstract

Fostering and re-socializing prisoners lead to misconduct that results in prison failure. The studies have only concentrated on forms and factors when discussing this phenomenon, neglecting a comprehensive exploration of the implications of prison failure. This study focuses on the question, "What are the implications of prison failure on the conditions and behavior of prisoners after undergoing fostering in prison?" This study uses a descriptive-qualitative netnography method to investigate the forms, factors, and implications of prison failure on the conditions and behavior of prisoners forced to undergo fostering in prison described through online media coverage. This study's findings reveal that prisons fail, as evidenced by criminal events that counter the guidance orientation. Prison failure occurs due to the weak commitment of institutions and prison officials in actualizing the objectives of fostering, which systemically leads to recidivism with repeated criminal cases and actions. This study also recommends the importance of interviewing officers and prisoners undergoing the fostering process in prison to obtain a more comprehensive and empirical understanding.
Analisis Yurdis Putusan Nomor 101/Pid.B/2014/Pnrap tentang Perlindungan Hukum terhadap Anak sebagai Korban Tindak Pidana Perdagangan Orang Gregorius Hari Saputra; Victor Imanuel Williamson Nalle
Indonesian Journal of Criminal Law and Criminology (IJCLC) Vol 4, No 3 (2023): November
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/ijclc.v4i3.18911

Abstract

Humans as creatures of God have the basic right to fulfill their rights and obligations which are known as human rights. These rights have the same position and apply in society as a manifestation of human character in society, nation and state. In its implementation, there are still many deviations that occur in the fulfillment of human rights. Human trafficking, especially carried out against children and women, is an example of a violation related to the fulfillment of human rights which is carried out by exploiting and turning humans into profitable commodities. Child trafficking is still a topic of discussion in the legal world because there are still many cases that occur in Indonesia involving child victims. The purpose of this article is to discuss further how the law in Indonesia protects every child from human trafficking. This research will use normative juridical research methods. From the research results, it can be concluded that regulations in Indonesia must be firmer and clearer to regulate and protect children from human trafficking and it is appropriate that existing regulations can provide a deterrent effect on perpetrators who carry out human trafficking of children. Juridical analysis carried out on court decision Number 101/Pid.B/2014/PN Rap revealed that the Judge had handed down a decision by sentencing the Defendant to 6 (six) years in prison and a fine of Rp. 120,000,000,- (one hundred and twenty million rupiah).

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