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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 65 Documents
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CRIME OF EXPLOITATION CRIME ANALYSIS OF CHILD WORK AS HOUSEHOLD SERVICE Ria Desna Anggraini
Ius Poenale Vol 3 No 2 (2022)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/ip.v3i2.2522

Abstract

Law Number 35 Article 1 paragraph 6 of 2014 concerning Child Protection is a criminal law policy to protect children who are exploited, sexually assaulted, or employed as housemaids. The issues discussed in this article pertain to the factors that contribute to the occurrence of criminal acts of exploitation of children employed as housemaids, as well as the prevention of criminal acts of exploitation of children employed as housemaids. The research method used was normative juridical and empirical juridical. Data collection was done through literature study and field study, while the data obtained were analyzed qualitatively. Based on the results of research and discussion, economic problems, bad environmental influences, low education, social factors, lack of public and government awareness, being easily deceived, weak parental supervision, and weak law enforcement are among the factors that encourage the exploitation of children employed as housemaids. Efforts to tackle the crime of child exploitation as domestic helpers consist of pre-emptive, preventive, repressive, and rehabilitation efforts.
Efforts to Combat the Crime of Selling Abortion Products Through Social Media Sishi Maudysari
Ius Poenale Vol 3 No 2 (2022)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/ip.v3i2.2632

Abstract

Some people are currently misusing rapid technological advance to sell abortion drugs. This mode of selling abortion drugs is a type of crime that is difficult to prosecute because of the limitations of the rules in the Criminal Code. The problems in writing this paper are first, how are the police efforts in tackling the crime of selling abortion drugs through social media, second what are the inhibiting factors for the police in overcoming the sale of abortion products through social media. The method used in this research is using a normative juridical approach and an empirical juridical approach. Types of data consist of primary data and secondary data. The results of research and discussion were obtained by the police's efforts in dealing with criminal acts. The sale of abortion drugs through social media is the first through penal and non-penal efforts. The inhibiting factors for police efforts in overcoming the crime of selling abortion drugs through online media are, first, the lack of infrastructure facilities owned by the police IT; secondly, the human resources of the police in using the available facilities are not fully optimited also, there is no legal awareness of the community regarding the indifferent attitude of the community. It self last but not the problem of selling abortion drugs through social media should also be taken into account.
Hybrid Restorative Justice: Optimizing Cessation Of Prosecution The Case Theft Through Restorative Judicial House Daffa Ladro Kusworo; Maghfira Nur Khaliza Fauzi
Ius Poenale Vol 3 No 2 (2022)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/ip.v3i2.2714

Abstract

The existence of restorative justice certainly brings a new paradigm in settlement of criminal cases, with the settlement of cases solely out of court. Restorative justice-based law enforcement is manifested in all law enforcement agencies, especially the Prosecutor's Office, in prosecuting cases based on the Republic of Indonesia Prosecutor's Regulation Number 15 of the Year 2020 concerning the Termination of Prosecution Based on Restorative Justice. The amount required to prosecute restoratives can be applied to the crime of theft as the highest case in Indonesia. This happened because Indonesia's disrupted economy after the Covid-19 pandemic created a moral crisis with drastic theft crimes. Meanwhile, it was recently discovered that establishing a restorative justice house in each jurisdiction of the attorney general's office was found to optimize the resolution of all legal problems by screening cases that go to court, socializing the law to residents, and being able to develop local wisdom. Involving local traditional leaders to emphasize deliberation is also another important thing wich must be exereised. This research uses normative legal research methods through applicable laws and regulations and literature study. The legislative approach is sourced from primary data and literature studies. Then in analyzing the problem, the author uses a descriptive analysis approach by applying the deductive method, namely, concluding a general discussion into a specific statement. Of course, the restorative justice house guarantees legal certainty and is an adequate facility in its implementation. Moreover, the Attorney General's Office has also formed a Quick Response Task Force to maximize the role of the restorative justice house by providing input on cases that deserve to be resolved through restorative justice, one of which is the crime of theft, which is happening.
VIKTIMISASI ANAK KORBAN PENYALAGUNAAN NARKOBA Henky Fernando; Yuniar Galuh Larasati; Syahrul Akmal Latif
Ius Poenale Vol 3 No 2 (2022)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/ip.v3i2.2716

Abstract

The involvement of children in drug abuse cases not only positions children as victims but also creates victimization of children. This study not only describes the involvement of children in drug abuse but also explains the victimization of child victims. This study uses a qualitative descriptive. Data collection was collected by reading 2,000 online news texts using the search keyword "Keterlibatan Anak Dalam kasus penyalagunaan narkoba di Indonesia" on the Google search engine. The news text's reading focuses on the news's title, theme, and content from January 26 to February 2, 2022. From this reading, two dominant findings leads to the discussion in which  the victimization of child victims as a result as a result of drug abuse is essential  in this study. The analysis in this study is done by reducing, describing, and interpreting the data inductively to conclude. The findings in this study show that the child's involvement in drug abuse cases often positions children as drug users and traffickers. In this context, children as victims of drug abuse also get victimization by their friends, teachers, and school principals in the form of intimidation and discrimination.
Criminal Liability Policy Of Persons With Mental Disorders In Case Spreading Racial Issues Alexandra Florecita Adja Mossa
Ius Poenale Vol 3 No 2 (2022)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/ip.v3i2.2727

Abstract

Freedom of expression is stated in Article 28E of the 1945 Constitution. However, law enforcement obeys laws and norms that do not use the law as a source of law. This paper uses normative legal research method consisting of case approach and a statutory approach. Sources of data used are primary data obtained from interviews and secondary data obtained by collecting data contained in books, papers, journals, and print or electronic media. Laws and regulations relating to the existing problems are studied and analyzed, these are also legal materials. The data that has been obtained is then analyzed. The data analysis used is qualitative. Based on the results of research and discussion in the case, decision Number: 8/Pid.Sus/2019/PN.Srg, the judge decided that the defendant was legally and convincingly proven guilty and was threatened with a criminal sentence in Article 28 paragraph (2) in conjunction with Article 45A paragraph (2) Act. Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions, Law Number 8 of 1981 concerning the Criminal Procedure Code and other relevant laws and regulations. Criminal liability for defendants with mental disorders in Article 44 of the Criminal Code which stipulates if the criminal acts committed by the perpetrator cannot be held accountable due to a mental disability during growth or mental disorders where by his mind or soul is disturbed due to diseases such as mental disorders, psychosis etc. The defendant's condition is that the defendant is not legally competent, as referred to in Article 32 of Law no. 8 of 2016 regarding disability, and there is no sense of justice for the perpetrators.
The Role of Prosecutors in The Effort For Assets Recovery From Corruption Crimes Midian Hosiholan Rumahorbo; Risa Mahdewi; Desia Rakhma Banjarani
Ius Poenale Vol 3 No 2 (2022)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/ip.v3i2.2752

Abstract

Corruption is an extraordinary crime because the impact of corruption harms the financial condition of a country; corruption is also alleged to violate the social and economic rights of the community or citizens in the country. Since corruption criminal is included as a extraordinary crime, an extraordinary method must be applied to eradicate corruption. For this reason, also steps are needed to provide a deterrent effect to perpetrators of corruption. Punishment of corruption perpetrators is expected to provide a deterrent effect. One of that steps is to return the state losses caused by corruption perpetrators, as well as being one of the anticipatory steps so that later, people will not dare to commit corruption. This research was made to answer how to recover assets from corruption and determine the prosecutor's office's role in recovering assets from corruption crimes. In this research, the author uses a normative legal research method that conducts an inventory of applicable laws and regulations. The results of research regarding efforts to recover assets can be carried out through criminal and civil legal remedies. Furthermore, the role of the Prosecutor's Office as a law enforcement officer in charge of law enforcement regarding assets recovery through criminal acts recognizes two mechanisms or procedures for recovery assets, the first mechanism or procedure is the seizure of assets without punishment, and the second is the mechanism or procedure for voluntary asset return. The steps that can be carried out in asset recovery are divided into several steps, including asset tracking, blocking or freezing, foreclosure, confiscation, and return.
Delays in international criminal justice: What impact does it have on victims' rights? Ovide Manzanga Kpanya
Ius Poenale Vol 4 No 1 (2023)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/ip.v4i1.2791

Abstract

This study aims to argue that the time of the criminal response at the international level is one neglected factor with unpredictable and sometimes irreversible consequences on the rights of victims. Speaking of delays, the idea is to demonstrate that this justice system does not react or act within a time limit that would prevent the deterioration of a situation, already disastrous and unbearable, in which the victims of these crimes. The resulting conclusions reveal that the set of rights enjoyed by these victims, until now, are not sufficient to protect them against these delays. And yet, the suffering they endure from the commission of these crimes justifies a substantial strengthening of their rights in order to avoid additional tortures, arising over time as long as justice has not resolved these conflicts, and will not have restored them to their violated rights.
Insult in National Criminal Law and Islamic Criminal Law: Sanctions Perspective and Legal Developments Review Desia Rakhma Banjarani; Taufani Yunithia Putri; Almira Novia Zulaikha
Ius Poenale Vol 4 No 1 (2023)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/ip.v4i1.2867

Abstract

Insulting still very colorful in this life. Nevertheless, honor, dignity and fame for all people must be maintained and protected, and everyone must be safe from all disturbances and all efforts to humiliate based on Islamic provisions and state law. Based on this background, the formulation of the problem that will be discussed in this study is how are the sanction provision of insult in Indonesian law? How is the development of Islamic criminal law regarding criminal acts of insult in Indonesia? The method used in this study is normative research with data sources used in this study based on primary data sources and secondary data sources. The main data source is based on the Law No. 1 of 2023 concerning Criminal Code (KUHP), while secondary data is obtained from related books or articles. Sanctions for criminal acts of insult under Indonesian law are regulated in the Law No. 1 of 2023 concerning Criminal Code, which are grouped into 8 types of actions of insulting and The Electronic Information and Transaction Law or the ITE Law. Whereas in Islamic criminal law, it is regulated in the Al-Qur'an and Hadith Sahih: Muttafaq alaih. Criminal sanctions for insult in the development of Islamic criminal law use takzir punishment or are called jarimah takzir. In the modern era like now Islamic criminal law remains a judge's consideration for criminal imposition according to the provisions of takzir punishment.
ANALISIS PERTIMBANGAN HAKIM TERHADAP PENJATUHAN PIDANA BAGI PENYALAHGUNA NARKOTIKA GOLONGAN I (Studi Putusan Nomor 86/Pid.Sus/2022/PN.Gdt): English Dimas Didi Darmawan
Ius Poenale Vol 4 No 1 (2023)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/ip.v4i1.2900

Abstract

The younger generation is being targeted as the threat of drug seizures rises in Indonesia. Narcotics are substances or drugs that can alter consciousness, cause loss of feeling, lessen or eliminate pain, and cause dependence. They can be derived from plants or non-plant sources and synthetic or semi-synthetic. As a result, drug users who commit crimes need rehabilitation in order to overcome their drug use. For those who commit drug crimes, rehabilitation is a form of punishment with the objective of healing or treatment. However, in practice, judges frequently favor to sentence drug offenders to prison terms and fines, even though offenders can also be sent to rehabilitation. This empirical normative legal study uses primary and secondary data as its data sources and fieldwork and library research as its data collection methods. According to the study's findings, the judge's factors in establishing that the defendant's actions met the requirements of Article 127, paragraph 1, letter an of Law Number 35 of 2009 Concerning Narcotics were taken into consideration in proving the defendant's actions (Narcotics Law). One example is the decision in the drug crime case at the Special Class II Gedong Tataan District Court, which is based on the accuracy of the evidence and the legal facts presented during the trial and the fulfillment of the elements of each of these crimes. It was argued that it was appropriate for the defendants to receive prison sentences and fines rather than engage in medical or social rehabilitation because their status as drug addicts or abuse victims had not been established.
Pertanggungjawaban Pidana Terhadap Pemalsuan Sertipikat Tanah Sporadis di Badan Pertanahan Nasional Bandar Lampung Zainudin Hasan; S. Endang; Komang Widi Yane
Ius Poenale Vol 4 No 1 (2023)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/ip.v4i1.2911

Abstract

Forgery of letters is crime that often occurs in people's lives. One of cases of crime forging letters is in court decision No: 139/Pid.B/2022/PN. Tjk. The problem in examination is whether the judge's legal considerations in imposing a crime on the defendant for crime of forging letters and how the criminal liability of the perpetrators of the crime of forging the letter. This is because it is necessary to know to what extent the imposition crime of forgery letters is at its level, whether it is subject to imprisonment and fines in accordance with mens area doctrine, as well as in looking at the crime committed and the circumstances justification or ballast. The approach used in this research is legal-normative approach and empirical law emphasizes the study of rule law, and the data used is secondary data and primary data. K Data collection was carried out through library research and field studies. In accordance with the results of the research and discussion, it appears that the basis for juridical considerations in the conviction perpetrators crime of forgery letters became the basis for revocation of name land deed, namely that actions defendant fulfilled elements first alternative indictment by prosecutor's office, in the end defendant was not proven and was found guilty of committing act of forgery of letters. If using letters can cause losses. As well as criminal liability for the perpetrators of the crime forging letters in accordance with Article 263 (2) Criminal Code and has fulfilled the theory of criminal liability. Suggestions for future are how to create criminal law that is accordance with the aspirations and values nation accordance with values justice for victims and perpetrators, namely upholding restorative justice effort to achieve peace without prioritizing concept retaliation which may not necessarily have deterrent effect.

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