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Ahmad Irzal Fardiansyah
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Ius Poenale
Published by Universitas Lampung
ISSN : 27232638     EISSN : 27459314     DOI : https://doi.org/10.25041/ip
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
Ius Poenale is an international journal based in Lampung, Indonesia that is issued by the Faculty of Law-Universitas Lampung and aims to yield access to research to motivate studies and knowledge evolution. Ius Poenale is a medium of communication and the development of criminal law that covers on the criminal justice system, legal comparison, juvenile justice system, and fisheries court. To discuss these matters, the Ius Poenale journal provides research or conceptual studies on criminal law that specifically highlights criminology, victimology, and military court. Ius Poenale publishes two issues in a year, these issues are available both print and online. Ius Poenale provides articles in English.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 6 Documents
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Search results for , issue "Vol. 4 No. 2 (2023)" : 6 Documents clear
Criminologists’ Perspective of Factors Contributing to Unreported Narcotics Crimes Perkasa, Muhammad Merpi Agung
Ius Poenale Vol. 4 No. 2 (2023)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/ip.v4i2.3003

Abstract

Efforts to address and eliminate narcotics crimes heavily depend on community involvement, particularly in reporting such offenses, yet many hesitate due to various reasons. This research explores factors that hinder individuals from reporting narcotics crimes and seeks effective strategies to combat this issue, employing both normative juridical and empirical juridical approaches, including literature reviews and field studies, and analyzing data qualitatively. An example from Decision Number: 522/Pid.Sus/2022/PN Tjk, where defendant Ali Amarsyah Bin Misran was sentenced to eight months for a narcotics offense, highlights the legal consequences of such crimes. The research identifies key factors discouraging reports: the inconvenience of legal processes, fear of retaliation from criminals, and a lack of awareness about legal protections for informants. To counteract these issues, the research recommends non-penal measures such as public education on legal rights and protections, alongside penal strategies that involve thorough inquiries and investigations to collect evidence and identify suspects in unreported narcotics activities. This dual approach emphasizes a holistic strategy to boost public cooperation with law enforcement and enhance the effectiveness of narcotics crime prevention and prosecution.
Keadilan Menang: Melindungi Korban Main Hakim Sendiri (Eigenrechting) Adiyatma, Septhian Eka
Ius Poenale Vol. 4 No. 2 (2023)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/ip.v4i2.3004

Abstract

The rise of vigilantism in Indonesia, marked by public violence against alleged criminals that sometimes results in fatalities, reflects a significant misunderstanding of justice and a lack of specific legislation on vigilante actions. This behavior, akin to torture under Indonesian law, is fueled by public distrust in law enforcement. Research employing both the historical and current Criminal Codes, alongside a sociological analysis, highlights the government's crucial role in legally shaping societal behavior. Discussions on vigilantism involve examining its nature, the legal protections and assistance available, and shaping a societal view that considers both perpetrators and victims. These conversations aim to uphold human rights within the Pancasila ideology, striving for public order and justice that require collective understanding and effort. Addressing vigilantism effectively necessitates both preventive measures to discourage such actions and repressive responses to penalize offenders, ensuring that societal actions align with justice and human rights objectives.
The Role of Investigators in Handling Child Promiscuity Crimes Situmorang, Jhon EJ
Ius Poenale Vol. 4 No. 2 (2023)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/ip.v4i2.3013

Abstract

This article examined the role of investigators at the Lampung Regional Police in addressing criminal cases of child promiscuity and identified the factors that hindered their effectiveness. This normative juridical research focused on cases handled by the PPA (Protection of Women and Children Unit) investigators of Polda Lampung in 2021, exploring how they managed these sensitive cases. The research was grounded in the frameworks provided by Law Number 8 of 1981 concerning the Criminal Procedure Code and the Police Law, which established the basis for criminal responsibility. The findings revealed that the effectiveness of investigators was significantly constrained by a shortage of personnel and inadequate infrastructure, impacting their ability to manage cases of child promiscuity effectively.
The Role of Legal Aid And Consultation Agencies Faculty of Law University of Muhammadiyah Sukabumi to Prevent Domestic Violence Kusumah, Haidan Angga Kusumah; Ginalita Dwi Putri2, R Eriska; Rachmawati, Ike
Ius Poenale Vol. 4 No. 2 (2023)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/ip.v4i2.3035

Abstract

This research was motivated by the ineffectiveness of the efforts of the government and social institutions, law enforcement agencies in reducing the number of domestic violence that occurs in the community, and especially for the role of legal aid institutions that provide legal assistance in assisting domestic violence cases is still ineffective, because people who need legal assistance in accessing legal aid in domestic violence cases are still low, especially people in the Sukabumi Regency area in terms of prevention and Legal assistance in domestic violence cases by Legal Aid Providers is still not well coordinated. Therefore, research was conducted with concrete objectives on how to step the strategy pattern of the role of the Legal Assistance and Consultation Institute (LBKH) Faculty of Law, University of Muhammadiyah Sukabumi, in tackling domestic violence crimes in Sukabumi.  The research method used is descriptive-analytic, that is, explaining existing data from relevant materials and analyzing them with reference to juridical foundations. The wrong approach that will be taken is to make observations in advance of an existing problem by being studied qualitatively and quantitatively, making a   pattern the concept of handling the provision of legal assistance between LBKH and the Local Village Area. The results showed that with a pattern of strategic concepts applied between the cooperation of  LBKH and the local village government, it can be possible to emphasize domestic violence cases in Sukabumi Regency by also focusing on the concept of domestic violence together with social institutions, law enforcement, and other institutions. With legal aid institutions in the regions tackling domestic violence cases in the community, solutions can be found by forming a pattern of joint handling concepts both in terms of prevention and legal assistance can run effectively, especially so that the role of legal aid institutions in providing legal assistance for domestic violence cases is maximized, especially in terms of prevention and legal assistance.
Criminal Law Enforcement of Book Copyright Infringement in Digital Market Places in The Ecosystem E-Commerce Through Restorative Justice Putra, Mohamad Rizki Agung
Ius Poenale Vol. 4 No. 2 (2023)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/ip.v4i2.3133

Abstract

The enforcement of criminal law against book copyright infringement in Indonesia is inadequate, lacking legal certainty and failing to provide restorative justice for copyright holders due to outdated regulations. This study, using a normative juridical approach with descriptive analysis and empirical comparison, reveals that such enforcement is categorized as a 'complaint offense,' starting with the reception of complaints and proceeding to mediation, followed by judicial processes if mediation fails. It also highlights that copyright protection involves automatic regulatory mechanisms, a registration system for exclusive, moral, and economic rights, and combines proactive educational outreach with repressive marketplace monitoring and customs collaborations. Furthermore, the research explores Restorative Justice, focusing on mediation and arbitration in commercial courts for fair restitution, aiming to compensate materially and morally. The findings suggest expanding restitution concepts in Restorative Justice to align with global copyright norms and the growth of E-Commerce, thereby enhancing protection for copyright holders in the digital era.
Legal Validity of Teleconference Witness in Indonesia’s Criminal Justice System Ramadhan, Muhammad Arief Dwi; Alam, Syariful
Ius Poenale Vol. 4 No. 2 (2023)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/ip.v4i2.3157

Abstract

This research is driven by the need to assess the validity and legality of witness statements delivered via teleconference within the Indonesian justice system. As technology and electronic information continue to evolve, teleconferencing emerges as a novel legal tool. Despite this, the Criminal Procedure Code, which is the foundation of criminal procedural law in Indonesia, does not yet include specific provisions regulating this practice. This absence has sparked a polemic, triggering debates and divergent views on whether teleconferencing harms or benefits the parties involved, or whether it serves as an alternative medium to shield witnesses from external interference and threats to their safety. This research concerns the legitimacy of teleconferencing as a valid means of evidence within the Indonesian justice system. The research explores the various arguments for and against the use of witness testimony via teleconference, comparing its implementation in Indonesia with that in other countries. The research methodology employed is normative juridical, focusing on the analysis of legal norms to understand the issues related to the clarity and validity of teleconference-based witness testimony in court proceedings, as well as the associated pros and cons.

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