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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 62 Documents
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Pertimbangan Hakim Yang Memutus Persidangan In Absentia Dalam Kejahatan Desersi Dava Prawira Wibowo
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.v4i1.2963

Abstract

Military Members are limited by Laws and Military regulations so all the actions that are undertaken must also be based on Applicable laws and regulations. One of the most common crimes committed within the TNI is a criminal act of desertion desertion is the most prominent crime and must be done immediately resolved because it involves the integrity of the troop, it is necessary to regulate it specifically in order to be immediately decided and obtain legal certainty. However what if the military personnel who committed the crime of desertion could not found its existence or in this case the examination of the criminal act of desertion in absentia The method used by using a normative juridical approach method and supported by empirical juridical approach in the form of support from criminal law experts and law enforcement to support normative juridical data. Approach Normative juridical is done by seeing, analyzing and interpreting matters of a theoretical nature concerning legal principles through search related literature directly or indirectly direct Based on the results of research and discussion can be drawn a conclusion of the process the implementation of the desertion crime trial can be stated in absentia,if at the time of the third summons, the defendant still did not appear at the hearing (Law No. 31 of 1997 concerning Military Justice, Article 143). The judge's considerations in deciding the crime of desertion to three considerations, namely based on juridical considerations on formal statutory provisions, sociological considerations based on the social background of the defendant and for expediency, as well philosophical considerations with the aim that the sentence imposed against the accused as an effort to uphold discipline for each military member.
Criminologists on The Causal Factors of Unreported Narcotics Crimes Muhammad Merpi Agung Perkasa
Ius Poenale Vol 4 No 2 (2023): Issue In progress (August 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 overcome and eradicate narcotics crimes require community participation, especially in reporting narcotics crimes. Some people don't want to report knowing that there is a narcotic crime. The problem of this research is whether the factors that cause crime do not report the existence of narcotic crime and how our efforts to deal with crime against crime not reporting narcotic crime. This research uses normative juridical and empirical juridical approaches. Data collection procedures were carried out using literature and field studies; the data were analyzed qualitatively to obtain conclusions and suggestions. An example of a crime not reporting the existence of a narcotics crime with permanent legal force is in Decision Number: 522/Pid.Sus/2022/PN Tjk with the defendant Ali Amarsyah Bin Misran being imprisoned for 8 (eight) months because it was proven legally and convincingly committing the crime of Article 114 of the Narcotics Law. The results of the research and discussion show that: Factors that lead to crimes not reporting narcotics crimes consist of the community does not want to deal with legal issues because they are considered to be a hassle for themselves, the community being afraid of the perpetrators of criminal acts and their syndicates which have the potential to threaten the safety of their lives if known reporting narcotics crimes and the lack of public understanding of the legal protection they will get if they report narcotics crimes to law enforcement. Efforts to overcome crime by not reporting the existence of narcotics crimes non-prenatally are by conducting counseling on legal awareness to the public so that people are willing to become reporters of narcotics crimes and provide security and safety guarantees for reporters. Penal efforts are carried out by a process of inquiry and investigation. Investigators take action in matters and according to the manner regulated in this law to seek and collect evidence with that evidence to shed light on the crime that occurred and to find suspects who have not reported a narcotics crime.
The Role of Investigators in Dealing With Criminal Acts of Child Promiscuity Jhon EJ Situmorang
Ius Poenale Vol 4 No 2 (2023): Issue In progress (August 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 aims to analyze the role of investigators in dealing with criminal acts of child promiscuity at the Lampung Regional Police and the inhibiting factors for the role of investigators in dealing with criminal acts of child promiscuity at the Lampung Regional Police. This type of research is a type of normative juridical research to examine and analyze cases handled by PPA Polda Lampung investigators in 2021 related to child promiscuity cases and to find out the role of investigators in dealing with child promiscuity crimes. The research findings show that the role of investigators in dealing with criminal acts of child promiscuity at the Lampung Regional Police is based on Law Number 8 of 1981 concerning the Criminal Procedure Code and the Police Law, which formulate cumulative criminal responsibility. The factors that impede the optimization of the investigator's role include the lack of several investigators and limited infrastructure.
Criminologists on The Causal Factors of Unreported Narcotics Crimes Muhammad Merpi Agung Perkasa
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 overcome and eradicate narcotics crimes require community participation, especially in reporting narcotics crimes. Some people don't want to report knowing that there is a narcotic crime. The problem of this research is whether the factors that cause crime do not report the existence of narcotic crime and how our efforts to deal with crime against crime not reporting narcotic crime. This research uses normative juridical and empirical juridical approaches. Data collection procedures were carried out using literature and field studies; the data were analyzed qualitatively to obtain conclusions and suggestions. An example of a crime not reporting the existence of a narcotics crime with permanent legal force is in Decision Number: 522/Pid.Sus/2022/PN Tjk with the defendant Ali Amarsyah Bin Misran being imprisoned for 8 (eight) months because it was proven legally and convincingly committing the crime of Article 114 of the Narcotics Law. The results of the research and discussion show that: Factors that lead to crimes not reporting narcotics crimes consist of the community does not want to deal with legal issues because they are considered to be a hassle for themselves, the community being afraid of the perpetrators of criminal acts and their syndicates which have the potential to threaten the safety of their lives if known reporting narcotics crimes and the lack of public understanding of the legal protection they will get if they report narcotics crimes to law enforcement. Efforts to overcome crime by not reporting the existence of narcotics crimes non-prenatally are by conducting counseling on legal awareness to the public so that people are willing to become reporters of narcotics crimes and provide security and safety guarantees for reporters. Penal efforts are carried out by a process of inquiry and investigation. Investigators take action in matters and according to the manner regulated in this law to seek and collect evidence with that evidence to shed light on the crime that occurred and to find suspects who have not reported a narcotics crime.
Keadilan Menang: Melindungi Korban Main Hakim Sendiri (Eigenrechting) Septhian Eka Adiyatma
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

Widespread public ignorance about vigilante behavior has led to violent incidents in which individuals use violence as a means to vent their emotions on criminals they apprehend directly. Unfortunately, some victims have lost their lives due to these actions. This behavior can be equated with the crime of torture when viewed from the perspective of Indonesian criminal law, which does not have specific rules regarding vigilante acts. Due to anxiety and distrust of law enforcement agencies, vigilantism is becoming increasingly common. Through normative studies using both the old and newest Criminal Codes and other regulations as internal parameters, we can understand the seriousness of the government's role as a stakeholder in regulating society through the law. By combining various sociological approaches, research can thoroughly investigate the condition of society. The discussion begins with understanding the concept of vigilantism, legal protection, and legal assistance, forming a pattern of thinking about society, followed by an understanding of the rule of law that overshadows vigilante actions from both the perpetrator and victim's perspective. With the hope that basic individual rights are maintained in the Indonesian state with the Pancasila ideology, the law aims to establish public order with a general perspective to achieve the necessary justice. This requires understanding and support from all parties. In essence, future efforts must be preventive and repressive.
The Role of Investigators in Dealing With Criminal Acts of Child Promiscuity Jhon EJ Situmorang
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 aims to analyze the role of investigators in dealing with criminal acts of child promiscuity at the Lampung Regional Police and the inhibiting factors for the role of investigators in dealing with criminal acts of child promiscuity at the Lampung Regional Police. This type of research is a type of normative juridical research to examine and analyze cases handled by PPA Polda Lampung investigators in 2021 related to child promiscuity cases and to find out the role of investigators in dealing with child promiscuity crimes. The research findings show that the role of investigators in dealing with criminal acts of child promiscuity at the Lampung Regional Police is based on Law Number 8 of 1981 concerning the Criminal Procedure Code and the Police Law, which formulate cumulative criminal responsibility. The factors that impede the optimization of the investigator's role include the lack of several investigators and limited infrastructure.
The Role of Legal Aid And Consultation Agencies Faculty of Law University of Muhammadiyah Sukabumi to Prevent Domestic Violence Haidan Angga Kusumah Kusumah; R Eriska Ginalita Dwi Putri2; Ike Rachmawati
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 Mohamad Rizki Agung Putra
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

Criminal law enforcement against book copyright infringement in Indonesia is still weak and has not ensured legal certainty in its protection. Justice for copyright holders is still not achieved in a restorative manner, due to not updated copyright rules in accordance with the development of digital markets in the marketplace. The purpose of this study is to analyze criminal law enforcement, legal protection and restorative justice against copyright infringement of books on Digital Market Place in Indonesia. This research method uses normative juridical type with descriptive analysis approach and empirical comparison. The results showed that criminal law enforcement against copyright infringement of books on Digital Market Place in Indonesia is categorized in the criminal 'complaint offense' which is carried out through the initial stages of receiving complaints on copyright infringement followed up with mediation in settlement efforts, and if no settlement is found then the next stage is resolved in the judicial process through case examination, investigation and investigation, the process of interception of digital evidence and its handling up to the judicial process. Legal protection of book copyright on Digital Market Place from the perspective of law enforcement is done through efforts to protect the regulatory aspects of copyright automatically copyright holders, recording system / registration of exclusive rights; moral rights and economic rights, guidance systems and internal supervision preventively through socialization of education and respressively through monitoring the market place, as well as external supervision in customs through cooperation beacukai in tackling the sale of goods that violate copyright. Restorative Justice efforts in criminal law enforcement against copyright infringement of books on Digital Market Place is done by dispute resolution through mediation and arbitration in the commercial court. Conceptually, Restorative Justice is designed in the future with the concept of fair restitution in the recovery of repairs for damage to copyright morally and recovery of compensation for the loss of economic rights materially. As the findings of this study the concept of restitution in restorative justice is very relevant to be developed in the future in the global copyright rules along with the development of E-Commerce in the digital market.
Legal Validity of Teleconference Witness in Indonesia’s Criminal Justice System Muhammad Arief Dwi Ramadhan; Syariful Alam
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 motivated by the validity and legality of witness statements by teleconference in the justice system in Indonesia. And teleconference is a new invention in legal products in line with the development of technology and electronic information which is growing rapidly and developing. However, in the Criminal Procedure Code which forms the basis of criminal procedural law in Indonesia, there is no article that regulates this matter. So that in this case, it creates a polemic for debate and pros and cons regarding whether this teleconference is detrimental or beneficial to the parties or is it an alternative media to protect witnesses from the intervention of other people and all forms of threats to the safety of witnesses. The legal issue or conflict in the problem of this article is how the legitimacy and legal regulations governing teleconference as a valid means of evidence in the justice system in Indonesia and examines the pros and cons related to the problem of witness testimony via teleconference and compares the implementation of witness testimony via teleconference with other countries. The research method in this article uses a normative juridical research method, namely examining the problems that arise regarding the validity and clarity of the legality of witness testimony via teleconference in trials at court as well as the pros and cons that arise.
Sociological Analysis of Restorative Justice in Rehabilitative Law Enforcement for Drug Abuse Cases Malsal Jajuli Haerudin Hermawan; Catharina Dewi Wulansari
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.

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