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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
 1 
Search results for , issue "Vol. 5 No. 2 (2024)" : 6 Documents clear
Abuse of Authority by Village Head in Cases of Sexual Violence against Women Rizky, M. Affan; Dewi, Erna; Budiyono, Budiyono
Ius Poenale Vol. 5 No. 2 (2024)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/ip.v5i2.3466

Abstract

The government's efforts to combat sexual violence in society are embodied in the Law on the Elimination of Sexual Violence, reflecting the State's responsibility to protect and improve the psychological well-being of victims, whether they have experienced physical or psychological harm. Protection of women in the workplace is crucial, and ensuring their rights is a legal imperative. The prevalence of sexual violence against women in work environments, often driven by power imbalances, highlights the urgent need for effective legal protection. This research aims to examine the influence of power relations on sexual violence crimes committed by regional officials and to identify optimal legal protections for women who are victims of sexual violence. Employing a normative juridical approach, the research finds that while existing laws are generally adequate for addressing sexual violence, their implementation falls short of expectations. Recommendations include enhancing legal protection to be more victim-centered, as current regulations primarily focus on penalizing perpetrators. There is a need for policies that provide comprehensive protection and justice for female victims of sexual violence.
The Dynamics of 2024 Election Crimes in North Maluku Hasan, Aslan; Rada, Arisa Murni
Ius Poenale Vol. 5 No. 2 (2024)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/ip.v5i2.4023

Abstract

This research examines the characteristics of election crimes at each stage of the electoral process in North Maluku and analyzes the handling patterns employed by Sentra Gakkumdu, focusing on data that has been largely overlooked in previous research. Using an empirical legal research method with a conceptual and statutory approach, the research provides a comprehensive assessment of election crime enforcement. The findings reveal that the highest number of reported violations occurred during the plenary recapitulation stage (42 cases), followed by the voting and vote-counting stage (33 cases), the campaign stage (32 cases), and the nomination stage (2 cases). Despite the high number of reports, Sentra Gakkumdu faced significant challenges in case handling. Of the 109 reported cases, only 7 reached a court decision, while the majority were halted at the discussion, investigation, or administrative correction stages. These findings highlight the low success rate in prosecuting election crimes and underscore the need for improved coordination and enforcement mechanisms within Sentra Gakkumdu. This research contributes to the development of election law and provides valuable insights for strengthening the effectiveness of election crime enforcement.
Discourse on Conditional Death Penalty through Probationary Period of Imprisonment Under the New Criminal Code in Perspective of Restorative Justice Ariawan, Dwi
Ius Poenale Vol. 5 No. 2 (2024)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/ip.v5i2.3587

Abstract

One of materials in New Criminal Cod states that the mandatory 10-year probation period for death row inmates in the latest Criminal Code (KUHP) is a solution taken to mediate between the ideas of the pros and cons of the death penalty The rules on the death penalty are regulated in Article 100 of the new Criminal Code. The article states that judges can impose death penalty with probation for 10 years by taking into account two things. After serving a 10-year probation period, death row inmates will be given an assessment. This becomes the basis for a recommendation whether the convicted person's sentence will remain or be changed to life imprisonment. if the death row convict is considered to be behaving well and changing, then the President will issue a Presidential Decree (Keppres) to change the convict's sentence to life imprisonment. The doctrinal approach is carried out by conducting a study of the principles, regulations and applicable laws and regulations relating to the legal issues to be discussed. Data collection used in this research includes this writing is done in 2 (two) ways, namely primary data and secondary data. The study's findings suggest that this provision could result in corruption from the convicted party to the head of the correctional facility, the Supreme Court, which makes recommendations to the President and the Attorney General's Office regarding the application of the death penalty. In addition, it presents a chance for diplomatic relations between other nations and Indonesia, as its citizens face the possibility of having their sentences reduced to life in prison, and other nations undoubtedly want their citizens to be free from the fear of such punishment.
Depenalisasi Tenaga Medis yang Berpraktik Tanpa Surat Izin Izin Praktik Setelah Pemberlakuan UU Kesehatan Tahun 2023 Manuaba, Ida Ayu Lidya Nareswari; Potabuga, Siska Dewi Indriani; Lamawatu, Nuril F.
Ius Poenale Vol. 5 No. 2 (2024)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/ip.v5i2.3599

Abstract

The background of this research is that a doctor, as a medical professional, plays a crucial role in the healing process of patients based on knowledge and competence. The issue of doctors practicing without a valid practice license (SIP) has often been heard before the enactment of Law Number 17 of 2023 concerning Health, where the regulation on criminal sanctions for doctors practicing without an SIP was found in Law Number 29 of 2004 concerning Medical Practice. However, after the enactment of Law Number 17 of 2023 concerning Health, the regulation on criminal sanctions has been removed, leaving only administrative sanctions in effect. This research aims to explore the concept of depenalization for medical personnel practicing without a valid practice license after the enactment of Law Number 17 of 2023 concerning Health. The type of research used in this study was normative research, employing both a statutory approach and a conceptual approach. The findings of the study indicate that if the actions of the doctor can be proven in a factual judgment (judex facti), the concept of depenalization with the imposition of criminal sanctions should be considered, while setting aside the principle of economic deterrence.
The Legal Rights of Drug Convicts: Stigma and Labelling in Judicial Practices Putri Shandyana, Jullia; Adinda Putri, Sarah; Febriana, Nabilah
Ius Poenale Vol. 5 No. 2 (2024)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/ip.v5i2.3712

Abstract

Stigma against drug offenders often leads to systemic barriers, including limited access to legal representation, difficulties in obtaining quality rehabilitation services, and reduced opportunities for social reintegration. Certain legal policies further entrench this cycle of stigma, exacerbating social marginalization and undermining the efficacy of interventions aimed at addressing the consequences of drug use. This research aims to explore how labelling theory influences the legal treatment of drug offenders across different jurisdictions and to identify legal strategies that can mitigate stigma and social exclusion. The research finds that the protection of drug offenders' rights varies considerably between rehabilitation-focused and punitive legal approaches. These variations highlight the need for a human rights-based framework in crafting legal policies that promote inclusivity. Employing normative legal research methods, including statute and conceptual approaches, the analysis draws on primary legal materials (laws and official documents) and secondary sources (academic literature). The findings underscore critical challenges faced by drug offenders, including unfair treatment, privacy violations, and restricted access to rehabilitation services. Approaches based on negative labelling contribute to the reinforcement of marginalization, whereas rehabilitation-oriented models are more effective in facilitating social reintegration. This research offers valuable insights into the role of stigma in shaping the legal treatment of drug offenders and calls for the development of more inclusive, human rights-based, rehabilitation-focused legal policies to advance a fairer and more effective global criminal justice system.
The Role of Junior High Schools in Addressing Bullying: A Protective Framework for Victims Kurniawan, Yunan Prasetyo; Jasmine, Zalika Averil
Ius Poenale Vol. 5 No. 2 (2024)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/ip.v5i2.3981

Abstract

Bullying is a form of aggressive behavior often driven by anger or emotional distress, causing harm to others, particularly children. Legal protection for children in Indonesia is provided under Law No. 35 of 2014, amending Law No. 23 of 2002 on Child Protection, and reinforced by Permendikbudristek No. 46 of 2023 on the Prevention and Handling of Violence in Educational Units. These frameworks highlight the critical role of schools, especially educators, in safeguarding students. This research analyzes the role of junior high schools in addressing bullying and enforcing legal protections for child victims, using empirical legal research and a qualitative approach. Data were collected through interviews, observations, and document analysis at SMPN 17 South Tangerang City. The findings show that schools contribute significantly to bullying prevention through character education, anti-bullying initiatives, and collaboration with parents and external agencies. However, the implementation of legal protection for victims remains limited and needs to be strengthened.

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