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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. 6 No. 2 (2025)" : 6 Documents clear
Preventing Criminalization of Default: Legal Certainty in the Settlement of Debt Agreements Lilyana, Besti; Anwar, Mashuril; Ali, Zulfikar; Kirana, Shakila; Herlambang, Dian; Noviyanti, Dewi
Ius Poenale Vol. 6 No. 2 (2025)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/ip.v6i2.3650

Abstract

This research examines the uncertainty in distinguishing fraud and default in debt agreements in Indonesia and its impact on legal certainty. Adopting an empirical normative legal approach, the research analyzes court decisions and relevant legal materials using qualitative methods. It finds that classifying an act as fraud or default depends on whether the agreement is made in bad faith. To enhance legal certainty and prevent the criminalization of good-faith parties, the research proposes several alternatives: establishing guidelines for handling default cases, including compensation for acquitted defendants in court decisions, resolving disputes through simple lawsuits, and utilizing out-of-court settlement mechanisms. The findings provide practical guidance for law enforcement and judicial authorities in differentiating civil defaults from criminal fraud.
Healing Law, Not Hurting: Building a Therapeutic Jurisprudence-Based Criminal Justice System in Indonesia Susilo, Erwin; Mawla Ibnu Kamali , Karell
Ius Poenale Vol. 6 No. 2 (2025)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/ip.v6i2.4408

Abstract

Therapeutic Jurisprudence (TJ) offers a humane and rehabilitation-oriented paradigm that moves beyond a purely punitive criminal justice model. This study examines the urgency of implementing TJ in Indonesia and proposes a conceptual criminal justice model to support its application. Using a normative juridical method with statutory, comparative, and conceptual approaches, the study finds that TJ can enhance rehabilitation and reduce recidivism by incorporating defendants’ psychological and social conditions into judicial decision-making. The proposed model integrates Social Research Reports as a key basis for sentencing and strengthens the role of community probation officers in the rehabilitation process. Its implementation requires legal reform, particularly amendments to the Criminal Procedure Code to authorize judges to order Social Research Reports for adult defendants and to reinforce probation institutions. This study contributes to the development of a more inclusive, just, and rehabilitative criminal justice system in Indonesia.
Social Engineering Melalui Hukum Pidana: Efektivitas UU ITE Dalam Mengubah Perilaku Komunikasi Digital Masyarakat Indonesia Kholik, Muhamad Abdul; Sulastri, Dewi
Ius Poenale Vol. 6 No. 2 (2025)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/ip.v6i2.4741

Abstract

The rapid expansion of digital communication in Indonesia, with 220 million internet users in 2025, has been accompanied by a surge in hoaxes and hate speech, including 103,000 negative contents during the 2024 election, prompting the need for adaptive criminal law as a tool of social engineering. This study examines Law No. 1 of 2024 as an instrument of social engineering in Roscoe Pound’s sense to shape digital communication behavior, using a normative legal method that integrates statutory analysis, conceptual theory, purposive cases, and comprehensive secondary data from court decisions and state reports. The findings show that revisions to key provisions of the ITE Law reduced hoaxes by 28 percent, increased verification behavior among 68 percent of users, and enabled the removal of 15,000 harmful contents, but persistent problems remain, including ambiguous norms, low digital literacy, enforcement disparities, and self-censorship. The study concludes that while the ITE Law is strategically important, it requires further reform to shift from a punitive to a transformative approach, and it recommends clearer norms, mandatory mediation, strengthened digital literacy, specialized cyber courts, and independent oversight to support a democratic and Pancasila-based digital ecosystem.
Elite Victimization: A Positivist Victimology Analysis of the August 2025 Looting of Official Homes in the Frame of Social Media Framing Ananda, Mohamad Aflah Muna; Al Asyih, Faizul Kamali
Ius Poenale Vol. 6 No. 2 (2025)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/ip.v6i2.4715

Abstract

The looting of state officials’ residences represents a distinct form of social conflict in which political elites become victims of collective violence. This study analyzes how officials’ actions and policies contributed to victim precipitation during the August 2025 looting and how social media framing transformed this process into perceived moral legitimacy. Using a juridical–normative method with qualitative analysis of victimology theory, legal norms, and academic literature, the study finds that officials retain legal victim status but are socially perceived as contributing to their victimization through unpopular policies and controversial public conduct. This contribution is mediated and amplified by social media framing, which shapes public opinion and reframes looting as a form of “social correction.” The findings confirm the relevance of positivist victimology in the digital era while highlighting the role of digital platforms in constructing victimization. The study recommends integrating victimological perspectives into victim protection policies and strengthening ethical public communication by state officials.
Criminal Liability for Sexual Intercourse Against Children: Victim Protection and the Application of Restorative Justice in Indonesian Criminal Law Yudiawati, Monicha Dwi; Prasetyo, Yogi; Wibowo, Sugeng
Ius Poenale Vol. 6 No. 2 (2025)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/ip.v6i2.4924

Abstract

Sexual intercourse with children is a criminal offense that causes long-term physical, psychological, and social harm. The dominance of retributive sentencing raises concerns about the marginalization of victim recovery and restorative justice. This study examines whether Indonesian criminal law, in practice, has integrated victim-oriented protection and restorative principles in adjudicating sexual offenses against minors. Using normative legal research with a case approach, it analyzes statutory child protection provisions and the ratio decidendi of Ponorogo District Court Decision Number 16/PID.SUS/2025/PN Png, focusing on the construction of fault (schuld), judicial reasoning, and sentencing orientation, particularly regarding juvenile consent and restorative justice. The findings show that the court strictly applied Article 81 paragraph (2) of the Child Protection Law, affirming the legal irrelevance of a child’s consent and recognizing persuasion through promises of marriage as sufficient to establish intent (dolus). The defendant was sentenced to eight years’ imprisonment and a fine of IDR 200 million, reflecting a predominantly retributive and deterrent approach. However, the judgment gave limited attention to restorative justice, as victim recovery, psychological rehabilitation, and participatory restorative measures were not explicitly incorporated into the sentencing rationale..
Criminal Law Reform: Restorative Justice and Child Protection in the 2023 Criminal Code (KUHP) Senjaya, Oci; Koswara, Indra Yudha
Ius Poenale Vol. 6 No. 2 (2025)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/ip.v6i2.5063

Abstract

This study examines criminal law reform in relation to the application of restorative justice and child protection under the 2023 Criminal Code (KUHP). It addresses two research questions: (1) how the principle of restorative justice is applied in the 2023 KUHP in cases involving children, and (2) the extent to which the 2023 KUHP guarantees legal protection for children as victims and perpetrators of criminal acts. The research uses a normative doctrinal method with a literature study approach to relevant legislation and legal doctrines. The study identifies a gap in the implementation of restorative justice, which has not yet fully accommodated the need for comprehensive child protection. The findings indicate that the 2023 Criminal Code represents significant progress in integrating restorative justice as an alternative mechanism for resolving criminal cases; however, legal protection for children still requires stronger implementation mechanisms to align with the principles of children’s rights and the special protection mandated by national and international law.

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