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.
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118 Documents
<![CDATA[Analisis Yuridis Terhadap Proses Penetapan Status Tersangka Tindak Pidana Korupsi ]]>
<![CDATA[Sahidu, Fikhan]]>;
<![CDATA[Harun, Rina Rohayu]]>;
<![CDATA[Erwin, Yulias]]>
<![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.v5i3.24633
<![CDATA[Corruption is categorized as an extraordinary crime because it has an extraordinary impact so that its handling must also be carried out in extraordinary ways. The law has given investigators the authority to enforce the law such as determining suspects, detention, and searches. The other side shows how this authority is often misused such as errors in determining suspects, victims of mistaken arrest, law enforcement officials who are caught in corruption and others. This fact makes the professionalism of investigators questionable so that to overcome abuse and arbitrary actions that may occur, a pretrial institution is formed. The problems underlying the pretrial application in this paper refer to the allegation that investigators did not notify or submit a Letter of Commencement of Investigation (SPDP), the determination of suspects had no initial evidence and the calculation of findings of state losses was not based on the results of BPK calculations. The research method used is normative legal research which is sourced from secondary data and analyzed narratively with qualitative descriptive. Based on the research results, it is known that the Praya District Court granted the pretrial motion and determined that the suspect determination letter in the name of the applicant with the number: print-68/n.2.11/fd.1/06/2023 dated June 8, 2023 was invalid and had no binding legal force]]>
<![CDATA[The Implementation of Diversion for Child Perpetrator in Magelang ]]>
<![CDATA[Listiaratsany, Raihanida Putri]]>;
<![CDATA[Astuti, Laras]]>
<![CDATA[ Indonesian Journal of Criminal Law and Criminology (IJCLC) Vol. 5 No. 2 (2024) ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Yogyakarta ]]>
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DOI: 10.18196/ijclc.v5i2.17637
<![CDATA[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.]]>
<![CDATA[Bentuk Perlindungan Hukum Terhadap Korban Tindak Pidana Perundungan Melalui Media Sosial ]]>
<![CDATA[Regita, Dhea Ayu]]>;
<![CDATA[Widowaty, Yeni]]>
<![CDATA[ Indonesian Journal of Criminal Law and Criminology (IJCLC) Vol. 5 No. 2 (2024) ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Yogyakarta ]]>
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DOI: 10.18196/ijclc.v5i2.19281
<![CDATA[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.]]>
<![CDATA[Tinjauan Hukum Atas Perbuatan Ujaran Kebencian ]]>
<![CDATA[Ramadhani, Wahyu]]>;
<![CDATA[Hasibuan, Zainul Lian Malik]]>
<![CDATA[ Indonesian Journal of Criminal Law and Criminology (IJCLC) Vol. 5 No. 2 (2024) ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Yogyakarta ]]>
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DOI: 10.18196/ijclc.v5i2.21915
<![CDATA[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.]]>
<![CDATA[Penerapan Regulasi Hukum Terhadap Kasus Pungutan Liar oleh Penyelenggara Parkir Ilegal di Kota Surabaya ]]>
<![CDATA[Rohmah, Muhimmatur]]>;
<![CDATA[Fauzi, Agus Machfud]]>
<![CDATA[ Indonesian Journal of Criminal Law and Criminology (IJCLC) Vol. 5 No. 2 (2024) ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Yogyakarta ]]>
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DOI: 10.18196/ijclc.v5i2.21957
<![CDATA[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.]]>
<![CDATA[Penerapan Diversi pada Tindak Pidana Pencurian oleh Anak Di Polres Bantul ]]>
<![CDATA[Suyoto, Devi Mareta]]>;
<![CDATA[Widowaty, Yeni]]>
<![CDATA[ Indonesian Journal of Criminal Law and Criminology (IJCLC) Vol. 5 No. 2 (2024) ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Yogyakarta ]]>
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DOI: 10.18196/ijclc.v5i2.22177
<![CDATA[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.]]>
<![CDATA[Pelindungan Hukum Terhadap Penerapan Prosedur Keselamatan dan Kesehatan Kerja pada Pekerja PT. Sagatrade Murni Kota Samarinda ]]>
<![CDATA[Arifin, Alziqry]]>;
<![CDATA[Pratama, Rio Arif]]>
<![CDATA[ Indonesian Journal of Criminal Law and Criminology (IJCLC) Vol. 6 No. 1 (2025) ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Yogyakarta ]]>
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DOI: 10.18196/ijclc.v6i1.24325
<![CDATA[The era of globalization and increasingly competitive developments require companies to maximize resources to create high-quality products. One of them is by having strong human resources (HR). Legal protection for the implementation of Occupational Safety and Health (K3) procedures is a crucial aspect in maintaining worker welfare and the sustainability of company operations as well as the supervisory function carried out by the government. This research was conducted empirically with primary and secondary data. The data was collected through literature studies and interviews with related parties through descriptive analysis and qualitative approaches. This study aims to determine the protection provided by the company for the implementation of K3 and the role of labor inspectors in the process. The results of this study indicate that the company has provided good protection to its workers including the provision of Personal Protective Equipment (PPE) in accordance with the Standard Operating Procedure (SOP). The role of the government in carrying out supervision and coaching is attempted to run optimally so that it can continue to be improved. This study emphasizes the importance of synergy between internal company protection and external supervision from the government to ensure the achievement of maximum occupational safety and health goals.]]>
<![CDATA[Analisis Urgensi Fungsi Victim Impact Statement dalam Proses Peradilan Pidana ]]>
<![CDATA[Herman, Herman]]>;
<![CDATA[Ufran, Ufran]]>
<![CDATA[ Indonesian Journal of Criminal Law and Criminology (IJCLC) Vol. 6 No. 1 (2025) ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Yogyakarta ]]>
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DOI: 10.18196/ijclc.v6i1.25394
<![CDATA[The criminal justice system is implemented based on the provisions of the Criminal Code and the Criminal Procedure Code, thus involving the relationship between the perpetrator, victim, and state. The position of the victim in the criminal system is often ignored so that providing their rights for the losses incurred is not implemented properly. The victim impact statement is a concept that prioritizes protection for victims that can be implemented in Indonesia to protect the basic rights of victims. This research is juridical-normative research. Data collection uses primary legal sources in the form of laws and regulations and opinions of legal experts. Based on the results of the study, it shows that the Criminal Code has not clearly stated the real or direct formulation regarding the provision of legal protection for victims, while the Criminal Procedure Code regulates the position of victims as witnesses who can be asked for information about what they see, hear, or experience. The formation of laws and regulations and the regulation of victim impact statements must be based on appropriate parameters so that victims should be able to provide statements of impact on the criminal acts that occur.]]>
<![CDATA[Analisa Yuridis Penegakan Hukum Tindak Pidana Perjudian Online ]]>
<![CDATA[Amin, Lalu Muh]]>;
<![CDATA[Harun, Rina Rohayu]]>;
<![CDATA[Ufran, Ufran]]>
<![CDATA[ Indonesian Journal of Criminal Law and Criminology (IJCLC) Vol. 6 No. 2 (2025) ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Yogyakarta ]]>
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DOI: 10.18196/ijclc.v6i2.25399
<![CDATA[The phenomenon of online gambling has become increasingly widespread in recent times and has brought many negative impacts that affect all aspects of life. This cannot be separated from the development of technology and information so that it brings convenience and changes to the nature of gambling crimes that were previously carried out conventionally, traditionally, to become more modern and sophisticated. This research is a type of normative legal research using a statute approach, a conceptual approach, and a case approach. The results of this study indicate that the enforcement of online gambling crimes based on the three Decisions of the Mataram District Court, namely Decision Number: 417 / Pid.B / 2023 / PN Mataram, Decision Number: 357 / Pid.B / 2023 / PN Mataram, and Decision Number 363 / Pid.B / 2024 / PN Mataram, it is known that all three are based on the provisions of Article 303 paragraph (1) 1 of the Criminal Code and Article 303 paragraph (1) 2 of the Criminal Code. Should refer to the principle of lex specialis then the law enforcement of online fraud crimes can be applied Article 27 paragraph (2) of the ITE Law which is more fulfilling and in accordance with the trial facts contained in the three Decisions at the Mataram District Court]]>
<![CDATA[Kesiapan Lembaga Pelaksana dan Bentuk Implementasi Pidana Kerja Sosial di Provinsi Daerah Istimewa Yogyakarta ]]>
<![CDATA[ulul albab, wildan]]>;
<![CDATA[Safitri, Masna Nuros]]>;
<![CDATA[Insyaniyah, Inarotul]]>
<![CDATA[ Indonesian Journal of Criminal Law and Criminology (IJCLC) Vol. 6 No. 2 (2025) ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Yogyakarta ]]>
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DOI: 10.18196/ijclc.v6i2.25968
<![CDATA[The main punishment mentioned in Law Number 1 Year 2023 on the Criminal Code consists of imprisonment, closure, supervision, fine and community service. The renewal of the types of basic punishment, in this case social work punishment, certainly requires institutional readiness in its implementation and supervision. In this study, the researcher will examine how the concept of the implementation of social work punishment in Criminal Law Reform in Indonesia and how the challenges of implementing agencies in the framework of implementing social work punishment as a form of punishment in national criminal law reform. The research method used in this research is Normative Empirical. The research concludes that the form of social work punishment in Law Number 1 Year 2023 on the Criminal Code is by means of criminal offenders being required to carry out work or social activities that are beneficial to the community within a certain period of time. The challenges that will be faced by the government in relation to the implementation of social work punishment mainly lie in the unavailability of facilities and infrastructure and the lack of coordination between institutions implementing social work punishment. In addition, the difficulty also lies in the fact that the Government Regulation has not been ratified as an implementing regulation regarding social work punishment, so that the institutions implementing social work punishment cannot be sure of the concept and form of implementation of social work sanctions.]]>
