Indonesian Journal of Criminal Law and Criminology (IJCLC)
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.
Articles
118 Documents
<![CDATA[Analisis Pemenuhan Hak Atas Restitusi Terhadap Anak Sebagai Korban Tindak Pidana Kekerasan Seksual ]]>
<![CDATA[Ataka Badrudduja]]>;
<![CDATA[Yeni Widowaty]]>
<![CDATA[ Indonesian Journal of Criminal Law and Criminology (IJCLC) Vol 4, No 2: July 2023 ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Yogyakarta ]]>
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DOI: 10.18196/ijclc.v4i2.19115
<![CDATA[Sexual violence against children can have complex impacts, including physical and non-physical loss and suffering. Children who experience sexual violence need to be protected and recovered psychologically and socially. A form of legal protection for children as victims can be in the form of restitution charged to the perpetrator to fulfill the rights of children as victims. This research aims to find out how the implementation of the right to restitution for children as victims of criminal acts of sexual violence is implemented and how judges consider in making decisions that include requests for restitution for children as victims of criminal acts of sexual violence in the jurisdiction of the Bantul District Court. This research uses a type of juridical-empirical legal research and uses interviews and literature study as data collection techniques. There were 35 cases of criminal acts of sexual violence against children at the Bantul District Court from 2020 to 2022, but only 7 cases included a request for restitution against the victim in the prosecution, and there was 1 case where the judge rejected the request for restitution. In 6 cases where restitution was granted, the victim's right to restitution was not fulfilled because the defendant did not have the good faith to pay restitution.]]>
<![CDATA[Perlindungan Hukum terhadap Anak Sebagai Korban Tindak Pidana Cyberbullying ]]>
<![CDATA[Alinda Julietha Adnan]]>;
<![CDATA[Dewi Putriyani]]>;
<![CDATA[Hycal Asmara Wibowo]]>;
<![CDATA[Suta Ramadan]]>
<![CDATA[ Indonesian Journal of Criminal Law and Criminology (IJCLC) Vol 5, No 1 (2024) ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Yogyakarta ]]>
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DOI: 10.18196/ijclc.v5i1.20935
<![CDATA[The development of misused information technology has resulted in the emergence of modern crimes such as cyberbullying, which uses the internet as a means of carrying it out. Lack of supervision in the family, school, community and individual environment causes cyberbullying to occur. This research aims to investigate legal protection for children who are victims of cyberbullying and identify mechanisms for dealing with cyberbullying against children. The research method applied uses a normative juridical approach. Child protection in cases of cyberbullying is normatively regulated in Article 29 of Law of the Republic of Indonesia Number 1 of 2024 concerning the Second Amendment to Law Number 11 of 2008 concerning Information and Electronic Transactions (UU ITE). The mechanism for dealing with cyberbullying against children can be done through preventive and preemptive efforts]]>
<![CDATA[The failure of prisons in fostering and re-socializing prisoners ]]>
<![CDATA[Henky Fernando]]>
<![CDATA[ Indonesian Journal of Criminal Law and Criminology (IJCLC) Vol 4, No 3 (2023): November ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Yogyakarta ]]>
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DOI: 10.18196/ijclc.v4i3.19116
<![CDATA[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.]]>
<![CDATA[Penerapan Keadilan Restoratif Pada Tindak Pidana Ringan di Kejaksaan Negeri Yogyakarta ]]>
<![CDATA[Faisal Hadi Pramono]]>;
<![CDATA[Laras Astuti]]>
<![CDATA[ Indonesian Journal of Criminal Law and Criminology (IJCLC) Vol 4, No 2: July 2023 ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Yogyakarta ]]>
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DOI: 10.18196/ijclc.v4i2.19806
<![CDATA[Restorative justice practices are used to resolve criminal cases with minor or minor losses that do not have to be resolved through court but can be resolved at the Police and Prosecutor's Office stages. The resolution of the case can be carried out in a fair and balanced manner for the victim and the perpetrator, which is achieved through restorative justice by prioritizing restoration to its original state and improving community relations. Based on this, this article will discuss further the application of restorative justice to minor crimes at the Yogyakarta District Prosecutor's Office. This research uses a normative empirical method which refers to secondary data originating from the law and primary data originating from interviews with informants. The data processing process is carried out systematically and logically and processed in order to get a concise picture. Based on the research results, it can be concluded that the failure factor in implementing restorative justice at the Yogyakarta Police or Police level is caused by the parties attending the mediation meeting, but not proposing and/or not responding to the results of the agreement, one of the parties violating the agreement and community factors that have not removed the stigma of crime. what the perpetrator did. The resolution of minor crimes through restorative justice at the Yogyakarta District Prosecutor's Office is carried out with peace efforts by the Public Prosecutor so that an agreement is reached between the suspect and the victim.]]>
<![CDATA[Upaya Penanggulangan Tindak Pidana Pelecehan Seksual dalam Kasus Gilang “Bungkus” ]]>
<![CDATA[Andika Tri Wibowo]]>;
<![CDATA[Laras Astuti]]>
<![CDATA[ Indonesian Journal of Criminal Law and Criminology (IJCLC) Vol 5, No 1 (2024) ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Yogyakarta ]]>
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DOI: 10.18196/ijclc.v5i1.22847
<![CDATA[Sexual harassment is a complex problem, and the phenomenon of fetishes has become part of the dynamics of sexual harassment that is widespread. Victims of sexual harassment experience various impacts, which are made even more difficult by the reluctance of victims to report sexual harassment. The Gilang Bungkus case is one of the cases that has attracted attention because sexual harassment occurred on campus with several academics becoming victims. This research aims to explore the understanding of the dynamics of sexual harassment by focusing on mitigation efforts through the judge's decision in the Gilang Bungkus case. Normative research methods are used in this research by focusing on legal rules or regulations through document studies of secondary data and to complete and validate secondary data, this is also done through interviews with sources. Based on the research results, it can be concluded that efforts to overcome criminal acts of harassment in the Gilang Bungkus case were carried out through penal and non-penal measures. Penal efforts focus on imposing prison sentences based on the number of victims, as well as the impact of losses through the role of Judges and the Police, while non-penal efforts are carried out through various preventive measures involving youth leaders, religious leaders, community leaders and educational leaders.]]>
<![CDATA[Analisis Yurdis Putusan Nomor 101/Pid.B/2014/Pnrap tentang Perlindungan Hukum terhadap Anak sebagai Korban Tindak Pidana Perdagangan Orang ]]>
<![CDATA[Gregorius Hari Saputra]]>;
<![CDATA[Victor Imanuel Williamson Nalle]]>
<![CDATA[ Indonesian Journal of Criminal Law and Criminology (IJCLC) Vol 4, No 3 (2023): November ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Yogyakarta ]]>
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DOI: 10.18196/ijclc.v4i3.18911
<![CDATA[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).]]>
<![CDATA[Pengaruh Industri Fast Fashion Terhadap Pencemaran Lingkungan dan Penurunan Keadilan Antar Generasi ]]>
<![CDATA[Albab, Wildan Ulul]]>;
<![CDATA[Mardiah, Adinda Rabiki]]>;
<![CDATA[Ranjani, Gita]]>;
<![CDATA[Karina, Gladys Donna]]>;
<![CDATA[Safitri, Masna Nuros]]>
<![CDATA[ Indonesian Journal of Criminal Law and Criminology (IJCLC) Vol. 5 No. 3 (2024) ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Yogyakarta ]]>
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DOI: 10.18196/ijclc.v5i3.22830
<![CDATA[The fast fashion industry has grown rapidly over the last few decades and has had a significant impact on environmental degradation. This research aims to determine the impact of the fast fashion industry and how to deal with it. This research was carried out through a normative juridical literature study with a conceptual approach to the various legal literature materials used. Based on the research results, it is known that the impact of the accumulation of waste generated from the fast fashion industry greatly influences the decline in the quality of the environment caused by water pollution, waste disposal and excessive exploitation of natural resources so that it is contrary to the principle of intergenerational justice which emphasizes the importance of protecting natural resources for the benefit of future generations. Efforts to overcome the fast fashion industry waste problem are being carried out by improving regulations in Indonesia regarding the management of fast fashion industry waste which are considered inadequate. The government needs to reform policies regarding fast fashion industry waste management, invest in recycling infrastructure, and change people's consumption patterns to achieve a sustainable fashion industry]]>
<![CDATA[Perlindungan Hukum Korban Terhadap Pelanggaran Hak Privasi Dalam Pembuatan Konten Menggunakan Drone ]]>
<![CDATA[Nurkamal, Akmal Zulham]]>;
<![CDATA[Astuti, Laras]]>
<![CDATA[ Indonesian Journal of Criminal Law and Criminology (IJCLC) Vol. 5 No. 3 (2024) ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Yogyakarta ]]>
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DOI: 10.18196/ijclc.v5i3.23254
<![CDATA[If drones are new, people have always been concerned about how they can be used for unauthorized stalking, monitoring, or documentation. Unauthorized content creation can be categorized as a cybercrime if the photo or video content contained does not have permission and is misused. This study aims to determine the form of privacy violations related to the use of drones and legal protection for the privacy of victims of misuse of content creation using drones. The research method was carried out using the juridical-normative legal research method. The data used in this study are secondary data sourced from primary and secondary legal materials and interviews as supporting data. The conclusion obtained from the study is that content creation using drones causes various forms of privacy violations and legal regulations that do not specifically regulate the use of drones. The legal protection for victims of violations of privacy rights against content creation using drones is stated in Law No. 1 of 2024 concerning Information and Electronic Transactions which regulates that victims whose rights are violated can sue and receive compensation for the losses incurred and require the perpetrator to delete Electronic Information and/or Electronic Documents in accordance with the provisions of laws and regulations]]>
<![CDATA[Penerapan Pasal 54 Ayat (1) KUHP oleh Hakim dalam Menjatuhkan Putusan Pemidanaan ]]>
<![CDATA[Pratama, M. Ilham Wira]]>
<![CDATA[ Indonesian Journal of Criminal Law and Criminology (IJCLC) Vol. 5 No. 3 (2024) ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Yogyakarta ]]>
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DOI: 10.18196/ijclc.v5i3.24083
<![CDATA[Sentencing guidelines are one of the main things that from the substance of criminal law reform in the Indonesian Criminal Code. With the stipulation of sentencing guidelines in the Indonesian Criminal Code, judge have clear guidelines, especially regarding matters that must be considered in handing down a sentence in the form of a sentence, but this raises questions regarding the judge’s obligation to follow these guidelines, considering that judges have freedom in handing down decisions. The aim of this research is to find out how to apply the things that must be considered by judges as determined by the Criminal Code in their decisions in the form of punishment. The research method used in this research is normative research, with a statutory and conceptual approach. The research results show that judges are obliged to apply all the provisions mentioned in Article 54 paragraph (1) of the Criminal Code in the criminal decisions they hand down, and if the provisions in question are not implemented then the decision is null and void]]>
<![CDATA[Literasi Kemanfaatan Teknologi terhadap Cyber Terrorism di Era Disrupsi dengan AI (Artificial Intelligence) ]]>
<![CDATA[Astuti, Sri Ayu]]>
<![CDATA[ Indonesian Journal of Criminal Law and Criminology (IJCLC) Vol. 5 No. 3 (2024) ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Yogyakarta ]]>
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DOI: 10.18196/ijclc.v5i3.24225
<![CDATA[Without an exception, technology digital improvement with AI (Artificial Intelligence ) function and digital information disclosure have an impact in change of attitude and behavior. Motion and activities in communication and information that related to radicalism and terrorism also take advantage on the improvement of the digital technology which crosses national sovereignty (borderless nation). Terrorism is a form of a Crime against Humanity which categorized as an Extra Ordinary Crime due to its huge psychological impact in exterminating human being. Nowadays terrorism movement enters one extra ordinary stage in organized management, even this organization is internationally well organized. In this digitalized era, radicalism organization and terrorism movement has been invaded to virtual space (cyber). From the recruitment system up to military training and induction is no longer using the old pattern which needs face to face interaction but just through the improvement of digitalized technology (internet). It needs knowledge and recognizes solicitation to act against the criminal act of terrorism through cyber as well as haw the law enforcement related with radicalism and terrorism activities that is conducted through virtual space. In related with that activities, it needs to know the function of electronic verification which is not easy to get and Indonesian may be utilized provision of Undang-Undang Information Transaction Electronic Nomor 1 Tahun 2024 that is revision of the previous law UU Nomor 11 Tahun 2008.]]>
