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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 5 Documents
 1 
Search results for , issue "Vol. 5 No. 1 (2024)" : 5 Documents clear
Sociological Analysis of Restorative Justice in Rehabilitative Law Enforcement for Drug Abuse Cases Hermawan, Malsal Jajuli Haerudin; Wulansari, Catharina Dewi
Ius Poenale Vol. 5 No. 1 (2024)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/ip.v5i1.3283

Abstract

The escalating trend in drug abuse, particularly among the youth, necessitates a unified approach from all law enforcement entities to address this shift in paradigm. It is essential to view drug addicts and victims of drug abuse not only as perpetrators but also as victims, warranting the incorporation of rehabilitation as an alternative form of punishment. The severity of narcotics crime in Indonesia poses a profound threat not only to individual health both physical and mental but also to societal well-being and national development, potentially compromising state security and sovereignty. This paper explores the enforcement of narcotics law in Indonesia as dictated by Law Number 35 of 2009 and examines the application of restorative justice, a concept often referred to in criminal law enforcement, which emphasizes recovery and atonement for the perpetrator or their family towards the victim, facilitating out-of-court reconciliatory efforts. By examining the legal sociological perspective, this research advocates for resolving narcotics-related criminal cases through means that prioritize restoration over retribution. It argues for a restorative justice approach, where the focus shifts from imprisonment to alternatives like medical and social rehabilitation, aiming for a resolution that restores harmony and agreement between involved parties, thereby aligning legal outcomes with societal values and needs.
The Implementation of Legal Protection Against Economic Exploitation of Street Children in Yogyakarta City Fauzy, Rendi Rizaldi; Isnawan, Fuadi
Ius Poenale Vol. 5 No. 1 (2024)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/ip.v5i1.3381

Abstract

This research investigated the initiatives undertaken by the Yogyakarta City government to legally protect street children from economic exploitation. It focused on the roles of key institutions such as the Department of Social Affairs, Labors, and Transmigration in the city of Yogyakarta along with the local Children Protection Commissioner. The research explored the challenges these bodies faced in executing their duties. Utilizing empirical methods, interviews were conducted with relevant stakeholders including the head of the rehabilitation section of the Department of Social Affairs, the chairperson of the Indonesian Children Protection Commissioner in the district of Yogyakarta, and their team members. The findings revealed that despite numerous programs and regulations implemented by the Yogyakarta city government to protect the rights of street children, economic exploitation persisted primarily due to poverty. This research highlighted the gap between policy implementation and its effectiveness, suggesting a need for a review of existing measures and potentially the development of new strategies to address the economic exploitation of street children in Yogyakarta.
Plea Bargaining Sebagai Pembaharuan Hukum Acara Pidana Berdasarkan Rancangan Undang-Undang KUHAP (RUU KUHAP) Husin, Nabilla Callosa; Husin , Naylla Shabilla Callistha
Ius Poenale Vol. 5 No. 1 (2024)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/ip.v5i1.3486

Abstract

The criminal justice process in Indonesia is characterized by lengthy proceedings, significant costs, and a growing prison population, highlighting the need for new policies to address these challenges. The adoption of the plea-bargaining concept, prevalent in common law jurisdictions, offers a potential solution for the Indonesian criminal justice system. Article 199 of the Draft Law on Criminal Procedure introduces a similar concept, allowing defendants who admit guilt to crimes punishable by no more than seven years in prison to have their cases transferred to a shorter trial process. This normative juridical research employed both statutory and conceptual analyses to evaluate the relevance of plea bargaining in the Indonesian context. It aims to assess whether the plea bargaining provisions in Article 199 of the Draft Criminal Procedure Code align with the principles of simplicity, speed, and cost-effectiveness, and whether they conform to Pancasila, the foundational ideology of Indonesia.
Interpretation and Application of Criminal Law Regarding Blasphemy Under Article 156a of the Criminal Code Nainggolan, Pandi Frenecius; Ikhsan , Rd Muhammad; Albariansyah, Hamonangan; Sinaga, Jimmy Christiansen
Ius Poenale Vol. 5 No. 1 (2024)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/ip.v5i1.3552

Abstract

The offense of blasphemy is complex and confusing due to its three distinct definitions: offense according to religion, offense against religion, and offense related to religion. This lack of clarity results in no clear boundaries for defining what constitutes blasphemy. This article explores the legal interpretation of blasphemy through an analysis of various court decisions and the opinions of religious leaders. Utilizing normative research methods complemented by field data from interviews with religious leaders, the study reveals that Article 156a of the Criminal Code lacks a precise definition of blasphemy, leading to broad and varied interpretations. The subjectivity of determining blasphemy is evident, as it often depends on the identity of the offended party. Additionally, resolving blasphemy cases, such as those involving deviant sects, necessitates theological dialogue rather than immediate recourse to punitive measures. The article notes that judicial decisions in blasphemy cases frequently rely on the testimony of religious experts, sometimes without sufficient consideration of the expert’s qualifications or the quality of their explanation of blasphemy.
SentraGakkumdu Challenges in Enforcing Election Crimes Under Law Number 7 of 2017: A Comparative Research of Indonesia and Nigeria Angela, Deni
Ius Poenale Vol. 5 No. 1 (2024)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/ip.v5i1.3577

Abstract

General elections in Indonesia are designed to ensure equality and justice for all voters and candidates, regardless of party affiliation. Despite these principles, election violations do occur, including criminal acts, breaches of ethical standards by election organizers, and administrative violations related to election procedures. To protect the integrity of elections, which is crucial for democracy, lawmakers have classified certain electoral frauds as criminal offenses. The Election Law not only outlines the procedures for conducting elections but also prohibits actions that undermine the fairness of the process and imposes penalties on offenders. The type of research in this study is normative legal research, which is a research method that focuses on written legal norms. accompanied by a comparative study of the country of Nigeria The results showed that the small number of reports of election crimes that continued to the level of investigation, prosecution, and examination in court until the issuance of a permanent legal force decision (inkracht van gewisjde) showed that the handling of election crimes in the elections had not been effective. The same is true for Nigeria through INEC. Although INEC has the authority to initiate cases of electoral offenses, it rarely does so due to a lack of supervisory capacity due to understaffing and the inability or unwillingness of the police to collect evidence and conduct investigations.

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