cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Wahid Fathoni
Contact Email
wafathoni@umy.ac.id
Phone
+6285643222927
Journal Mail Official
jurnalijclc@gmail.com
Editorial Address
Kampus UMY, Jl.Brawijaya, Tamantirto, Kasihan, Bantul, Yogyakarta 55183
Location
Kab. bantul,
Daerah istimewa yogyakarta
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 118 Documents
 7   8   9   10   11 
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.
Tindak Pidana Pemberontakan dalam Perspektif Hadits Hurun Sajidah Almumtazah; Tajul Arifin
Indonesian Journal of Criminal Law and Criminology (IJCLC) Vol 4, No 2: July 2023
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/ijclc.v4i2.18530

Abstract

Rebellion is a crime that is strictly prohibited in Islam. This article aims to explore the Hadith perspective on the issue of rebellion. Hadith is a collection of sayings and actions of Prophet Muhammad (PBUH), considered as one of the main sources of Islamic law. The article begins by defining the concept of rebellion and its various forms. It then highlights the importance of obeying legitimate authority and presents views according to Islamic law and positive law in Indonesia, as well as the consequences of rebelling against them.The article also discusses Hadith that emphasizes the importance of unity among Muslims and the dangers of division and rebellion. In addition, the article discusses the consequences of rebellion, which not only disrupt peace and societal stability but also go against the principles of justice and fairness. The article also emphasizes the importance of peaceful protest and legitimate means to seek change, rather than resorting to rebellion and violence.Overall, Hadith emphasizes the importance of upholding the law and avoiding rebellion, which can cause chaos and instability. Muslims are urged to maintain unity and work towards peaceful means in solving problems and bringing positive change in society. The article concludes that obedience to Hadith can be a powerful tool in promoting peace, justice, and harmony in society.Keyword: perspective of Hadits, crime, rebellion, positive law and Islamic Law AbstrakPemberontakan merupakan tindak pidana yang dilarang secara tegas dalam Islam. Penelitian berupa tulisan ini bertujuan untuk menjelajahi perspektif Hadist mengenai isu pemberontakan. Hadist adalah kumpulan ucapan dan tindakan Nabi Muhammad (S.A.W), yang dianggap sebagai salah satu sumber utama hukum Islam.Tulisan ini dimulai dengan mendefinisikan konsep pemberontakan dan berbagai bentuknya. Kemudian menyoroti pentingnya patuh pada otoritas yang sah dan juga memaparkan pandangan menurut hukum islam dan hukum positif yang ada diindonesia serta konsekuensi dari memberontak terhadap mereka. Tulisan ini juga membahas Hadist yang menekankan pentingnya persatuan umat Islam dan bahaya dari perpecahan dan pemberontakan.Selain itu, tulisan ini membahas konsekuensi pemberontakan, yang tidak hanya mengganggu perdamaian dan stabilitas masyarakat tetapi juga bertentangan dengan prinsip keadilan dan keadilan. Tulisan ini juga menyoroti pentingnya protes damai dan sarana yang sah untuk mencari perubahan, daripada menggunakan pemberontakan dan kekerasan.Secara keseluruhan, Hadist menekankan pentingnya menjunjung hukum dan menghindari pemberontakan, yang dapat menyebabkan kekacauan dan ketidakstabilan. Umat Muslim diimbau untuk mempertahankan persatuan dan bekerja menuju sarana damai dalam menyelesaikan masalah dan membawa perubahan positif dalam masyarakat. Tulisan ini menyimpulkan bahwa ketaatan pada Hadist dapat menjadi alat yang kuat dalam mempromosikan perdamaian, keadilan, dan harmoni dalam masyarakat.
Kewenangan KPK dalam Melakukan Penggabungan Perkara TPPU dengan Predicate Crime Korupsi Eki Tolanda; Estes Metelmety; Ragil Sanjaya Marjuki; Mulyadi Alrianto Tajuddin
Indonesian Journal of Criminal Law and Criminology (IJCLC) Vol 5, No 1 (2024)
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/ijclc.v5i1.21441

Abstract

Crime is an act that can cause harm to other people and even to the state and is called a delict or criminal act which is regulated in the criminal code. The crime of money laundering (TPPU) is one of the criminal acts regulated in Law Number 8 of 2010. Several TPPU cases are crimes originating from corruption, so disclosure of these TPPU cases is carried out by the Corruption Eradication Commission (KPK). ). During the investigation and investigation process, the Corruption Eradication Committee found that the money resulting from corruption had been changed in form through the money laundering process, but in the process of enforcing the court's decision, it only decided on criminal acts of corruption even though money laundering had been carried out. The aim of the research is to determine the authority of the Corruption Eradication Committee (KPK) in combining TPPU cases with the predicate crime of corruption. The research method used is normative juridical. The results of the research can be concluded based on articles 74 and 75 of the TPPU Law which state that investigators of predicate crimes can carry out TPPU investigations if they find sufficient initial evidence of TPPU occurring when conducting predicate crime investigations in accordance with their authority so that the Corruption Eradication Commission is one of the investigators referred to based on the explanation in article 74 In terms of prosecution, it can be carried out by a public prosecutor from the Prosecutor's Office and a public prosecutor from the Corruption Eradication Commission if the original crime was corruption
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
Penyelesaian Perkara Pidana Melalui Majelis Adat Dayak Suruk Di Desa Nanga Tubuk Kabupaten Kapuas Hulu Anshari Anshari; M. Fajrin; Paskalia Nawa
Indonesian Journal of Criminal Law and Criminology (IJCLC) Vol 4, No 2: July 2023
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/ijclc.v4i2.19300

Abstract

The Dayak Suruk tribe in the Customary Law Community environment in Nanga Tubuk Village, Kapuas Hulu Regency currently still exists, carrying out their ancestral civilization from generation to generation, as the resolution of cases or problems that occur in indigenous communities can be resolved through two possibilities. First, customary law settlements carried out by the community are recognized and legalized by state law through the courts. Second, the case is considered closed and State law does not touch the case. As one of the components of legal substance, the existence of customary law should be given a reasonable place to develop customary law material in accordance with the socio-cultural diversity of society. Based on this, the problem that will be studied further is to find out how criminal cases are resolved through the Dayak Suruk traditional council in Nanga Tubuk Village, Kapuas Hulu Regency, which will be studied further through sociological or socio-legal research. Based on the research results, it is known that customary criminal law is recognized as a source of law in deciding criminal cases by judges. In addition, traditional institutions that impose customary crimes are also recognized in the Indonesian justice system, so that if a case is resolved in a traditional institution then the case is considered if it turns out it is not finished, then it goes to the national court. The imposition of customary punishment or waiting (sanctions) on perpetrators is based on standard standards or guidelines in handling each customary case as stated in the customary deliberation (Musdat).
Analisis Kebijakan Hukum Pidana dalam Pasal 45 Ayat (4) Jo. Pasal 27 Ayat (4) UU ITE Muhammad Al Riyadh; Sigid Suseno; Rully Herdita Ramadhani
Indonesian Journal of Criminal Law and Criminology (IJCLC) Vol 5, No 1 (2024)
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/ijclc.v5i1.19287

Abstract

Law no. 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions (UU ITE) regulates criminal acts of extortion and threats in one article formulation, namely Article 45 paragraph (4) jo. Article 27 paragraph (4). These two criminal acts have different qualifications for offenses as formulated in the Criminal Code and are rubber articles so that in their application they cause many victims, as in several decisions, namely Decision Number 111/Pid.Sus/2021/PN Ptk, Decision number 130/Pid. Sus/2018/PN Jkt Utr, and Decision number 777/Pid.Sus/2019/PN Jkt Pst. Law Number 1 of 2024 concerning the Second Amendment to Law Number 11 of 2008 concerning Electronic Information and Transactions, the new ITE Law, has amended the previous amendment which changed the rubber article formulating the criminal offenses of extortion and threats which were separated into different article formulations. The author uses a normative research model sourced from library materials with a legal and conceptual approach. This research concludes that combining two criminal acts in one article formulation can lead to errors in interpretation or understanding by law enforcers of Article 45 paragraph (4) jo. Article 27 paragraph (4) of the ITE Law is old so there is the potential for human rights violations. This error in application occurs when the provisions for the offense of making complaints against suspects of criminal threats are not enforced
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
Kejahatan Bullying terhadap Siswa Sekolah Dasar Jiyu 2 Mojokerto dalam Tinjauan Kriminologi Imroatin Arsali; Intan Kartika Sari
Indonesian Journal of Criminal Law and Criminology (IJCLC) Vol 4, No 2: July 2023
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/ijclc.v4i2.18979

Abstract

Nowadays, children's character education is starting to experience erosion, resulting in many criminal behaviors being considered normal, such as bullying, which often occurs in educational environments. Elementary schools as a place to gain knowledge cannot necessarily guarantee healthy social interactions, for example, as happened at the Jiyu 2 Mojokerto State Elementary School where the bullying activities that occurred there were considered a normal form of interaction between students. Referring to this phenomenon, this research aims to find out how the criminology review includes victims, perpetrators, crimes, and responses from the community related to bullying against elementary school students in the case study of SDN Jiyu 2 Mojokerto. This research was conducted empirically qualitatively with a juridical and sociological approach through collecting primary data originating from field observations with interviews and questionnaires as well as secondary data originating from literature studies in the form of books, journals, articles and theses. From the research results, it was concluded that the classification of bullying problems that occurred at SDN Jiyu 2 Mojokerto was mostly in the form of verbal bullying which was mostly carried out by peers. self.
Aspek Yuridis Kejahatan Phishing dalam Ketentuan Hukum di Indonesia Yazid Haikal Lokapala; Fuad Januar Nurfauzi; Yeni Wdowaty
Indonesian Journal of Criminal Law and Criminology (IJCLC) Vol 5, No 1 (2024)
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/ijclc.v5i1.19853

Abstract

Phishing is a form of cybercrime that is committed by tricking victims into providing personal or confidential information via email, websites or fake social media. Phishing crimes can cause material and immaterial losses for victims, such as identity theft, misuse of credit cards, or defamation. Therefore, it is necessary to have legal efforts to eradicate phishing crimes and protect the rights of victims. This paper aims to examine the criminal acts of phishing crimes in the world of cybercrime in terms of Indonesian juridical aspects. The research method used is a normative legal research method with a statutory approach and a case approach. The data used is secondary data in the form of primary, secondary and tertiary legal materials. The data analysis technique used is a qualitative analysis technique. The results of the research show that the crime of phishing in the world of cybercrime can be categorized as a crime of fraud as regulated in Article 378 of the Criminal Code or an act of embezzlement as regulated in Article 372 of the Criminal Code. In addition, phishing crimes can also be subject to sanctions based on Law Number 11 of 2008 concerning Information and Electronic Transactions (UU ITE), specifically Article 28 paragraph (1) and Article 45 paragraph (1) of the ITE Law. However, in practice, there are still obstacles in law enforcement against phishing crimes, such as difficulties in identifying perpetrators, lack of coordination between law enforcement, and low public awareness to report phishing cases. Therefore, preventive and repressive efforts are needed to overcome this problem, such as increasing people's digital literacy, conducting socialization and education about the dangers of phishing, and strengthening cooperation between related parties in law enforcement.
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

Page 9 of 12 | Total Record : 118

 7   8   9   10   11 

Filter by Year

2020 2025


Reset
Filter By Issues
All Issue Vol. 6 No. 3 (2025) Vol. 6 No. 2 (2025) Vol. 6 No. 1 (2025) Vol. 5 No. 3 (2024) Vol. 5 No. 2 (2024) Vol 5, No 1 (2024) Vol 4, No 3 (2023): November Vol 4, No 2: July 2023 Vol 4, No 1 (2023): March Vol 3, No 3 (2022): November Vol 3, No 2 (2022): July Vol 3, No 1 (2022): March Vol 2, No 3 (2021): November Vol 2, No 2 (2021): Juli Vol 2, No 1 (2021): Maret Vol 1, No 3 (2020): November Vol 1, No 2 (2020): Juli Vol 1, No 1 (2020): Maret More Issue