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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. 5 No. 2 (2024)" : 5 Documents clear
The Implementation of Diversion for Child Perpetrator in Magelang Listiaratsany, Raihanida Putri; Astuti, Laras
Indonesian Journal of Criminal Law and Criminology (IJCLC) Vol. 5 No. 2 (2024)
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/ijclc.v5i2.17637

Abstract

The increasingly high and diverse level of child delinquency is motivated by factors that making regulations of Children in Conflict with the Law must develop. One form of its development is the emergence of diversion, regulated in the Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. Diversion must be pursued in 3 stages of justice: Investigation Stage, Prosecution Stage, and Examination Stage. The implementation of Diversion also exists in Magelang City. The objective of research is to find out how the implementation of Diversion in Children as Perpetrators in the City of Magelang and to find out the obstacles during the implementation. This research used normative-empirical legal method. The results show that the implementation of Diversion at each stage according to the data in the last 5 years is dominated by successful Diversion in accordance with the Juvenile Criminal Justice System, but it cannot be separated from obstacles that happen. These obstacles are the difficulty of forgiveness from both parties, the existence of an unfavorable relationship between the Victim and the Perpetrator, the compensation request are too high, and parents who do not want to be the guarantor of their child.
Bentuk Perlindungan Hukum Terhadap Korban Tindak Pidana Perundungan Melalui Media Sosial Regita, Dhea Ayu; Widowaty, Yeni
Indonesian Journal of Criminal Law and Criminology (IJCLC) Vol. 5 No. 2 (2024)
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/ijclc.v5i2.19281

Abstract

The development of social media can make it easier for bullies to interact on social media which can harm others, so a legal umbrella is needed to protect victims of bullying in the media. Legal Protection provides rights and assistance to create a sense of security for victims. However, there are still no clear provisions regarding legal protection for victims of bullying through social media. So this study needs to be conducted in order to find out what factors cause bullying through social media and how legal protection is provided for victims of bullying through social media. This study was conducted using a normative research method using legal materials in the form of primary, secondary, and tertiary legal materials which were analyzed in a systematic form. The results of the study showed that 2 important factors were found causing bullying on social media, namely external and internal factors. Furthermore, legal protection for victims of bullying on social media has been regulated in Article 27 of the ITE Law and Article 7A of the Witness and Victim Protection Law where victims have the right to receive physical and psychological protection and receive restitution or compensation. The legal protection carried out by the Ministry of Law and Human Rights is preventive in nature in the form of legal counseling and guidance to ensure the provision of legal aid in accordance with legal aid service standards.
Tinjauan Hukum Atas Perbuatan Ujaran Kebencian Ramadhani, Wahyu; Hasibuan, Zainul Lian Malik
Indonesian Journal of Criminal Law and Criminology (IJCLC) Vol. 5 No. 2 (2024)
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/ijclc.v5i2.21915

Abstract

Social media is part of the needs of the Indonesian people that can not be separated again in line with the times. All public behaviour, including social media, is regulated by law. Many people who abuse social media to use hate speech in cyberspace, without realizing that their actions are illegal. The purpose of this study is to determine criminal liability for hate speech actors on social media. This study uses empirical legal research methods in which the law looks at social phenomena in the community to find solutions to existing legal problems then linked to laws and regulations. The results of the study found that many Indonesian people who use social media to use hate speech. It happens because they do not understand the existing law. However, mistakes and omissions are individuals responsibility as legal subjects. Suggestions that can be submitted are reforming the ITE law, socialization to the public by law enforcement related to education and law enforcement and the community itself should be smarter in using social media.
Penerapan Regulasi Hukum Terhadap Kasus Pungutan Liar oleh Penyelenggara Parkir Ilegal di Kota Surabaya Rohmah, Muhimmatur; Fauzi, Agus Machfud
Indonesian Journal of Criminal Law and Criminology (IJCLC) Vol. 5 No. 2 (2024)
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/ijclc.v5i2.21957

Abstract

Population growth in Indonesia affects the number of private transportation owned by people in Indonesia. The tendency of Indonesian people to choose to use private transportation is what causes the increasing number of vehicles in Indonesia. Of course, if transportation ownership increases, the need for parking lots will also increase. In big cities, for example Surabaya, parking problems have been rampant and even flourished. Unscrupulous individuals who take advantage of the provision of parking lots have emerged, especially in places of commerce and also tourist attractions. In Surabaya City, regulations have actually been issued regarding the implementation of parking in Surabaya City, namely Surabaya City Regulation No. 3 of 2018. However, in its implementation it has not yet been implemented in accordance with existing regulations. This study aims to provide benefits to the community and government to be wiser in responding to the problem of extortion by illegal parking organizers and to create a better and more orderly city environment. Qualitative research methods are used in this study and using data sourced from literature studies. This study also uses symbolic interaction theory and structural functional theory. Both theories are used to examine how legal regulations can influence behavior, norms, and relationships between individuals in society. The results of this study explain that public perception of illegal parking and the legal regulations applied are still pros and cons. Some people consider illegal parking to be normal, but some people also consider illegal parking to be quite disturbing. The less than optimal implementation of legal regulations also encourages the proliferation of illegal parking in Ketintang Village, Surabaya City.
Penerapan Diversi pada Tindak Pidana Pencurian oleh Anak Di Polres Bantul Suyoto, Devi Mareta; Widowaty, Yeni
Indonesian Journal of Criminal Law and Criminology (IJCLC) Vol. 5 No. 2 (2024)
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/ijclc.v5i2.22177

Abstract

The increasing number of criminal cases, one of which is the crime of theft, sadly the perpetrators are not only adults but children also have the potential to become perpetrators, this is caused by various factors both internal and external. Law Number 11 of 2012 (UU SPPA) provides an update for the juvenile justice system because it applies the concept of restorative justice, namely through diversion. Seeing this reality raises questions regarding the mechanism for resolving cases through diversion. The purpose of this writing is to find out how the mechanism for resolving criminal cases of theft by children through diversion at the Bantul Police. This study uses a normative research method, namely through literature studies by utilizing secondary data to obtain the information needed, to strengthen the data the author also conducted interviews with the Head of the PPA Unit of the Bantul Police Criminal Investigation Unit Aibda Mustafa Kamal S.H. The results of the study show that the diversion mechanism carried out by the Bantul Police starts from the reported crime, if the perpetrator is a child, diversion will be attempted, the success or failure of diversion is very dependent on the diversion deliberation carried out by the parties involved. In cases handled by the Bantul Police from 2018-2023, there were 11 cases of theft by children, but only 1 case of diversion with a successful status because the ABH and the victim agreed to a form of accountability in the form of compensation (restitution) according to the nominal value of the stolen goods, then the ABH was returned to the parents and as a form of supervision, the Bantul Police enforced mandatory reporting.

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