cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Ahmad Irzal Fardiansyah
Contact Email
iuspoenale@fh.unila.ac.id
Phone
+6281369206845
Journal Mail Official
iuspoenale@fh.unila.ac.id
Editorial Address
B. Building, Faculty of Law Universitas Lampung. Prof. Sumantri Brojonegoro St. No 1, Gedong Meneng, Bandar Lampung. Lampung-35145. Indonesia
Location
Kota bandar lampung,
Lampung
INDONESIA
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
 3   4   5   6   7 
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’ Perspective of Factors Contributing to Unreported Narcotics Crimes Perkasa, Muhammad Merpi Agung
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 address and eliminate narcotics crimes heavily depend on community involvement, particularly in reporting such offenses, yet many hesitate due to various reasons. This research explores factors that hinder individuals from reporting narcotics crimes and seeks effective strategies to combat this issue, employing both normative juridical and empirical juridical approaches, including literature reviews and field studies, and analyzing data qualitatively. An example from Decision Number: 522/Pid.Sus/2022/PN Tjk, where defendant Ali Amarsyah Bin Misran was sentenced to eight months for a narcotics offense, highlights the legal consequences of such crimes. The research identifies key factors discouraging reports: the inconvenience of legal processes, fear of retaliation from criminals, and a lack of awareness about legal protections for informants. To counteract these issues, the research recommends non-penal measures such as public education on legal rights and protections, alongside penal strategies that involve thorough inquiries and investigations to collect evidence and identify suspects in unreported narcotics activities. This dual approach emphasizes a holistic strategy to boost public cooperation with law enforcement and enhance the effectiveness of narcotics crime prevention and prosecution.
Keadilan Menang: Melindungi Korban Main Hakim Sendiri (Eigenrechting) Adiyatma, Septhian Eka
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

The rise of vigilantism in Indonesia, marked by public violence against alleged criminals that sometimes results in fatalities, reflects a significant misunderstanding of justice and a lack of specific legislation on vigilante actions. This behavior, akin to torture under Indonesian law, is fueled by public distrust in law enforcement. Research employing both the historical and current Criminal Codes, alongside a sociological analysis, highlights the government's crucial role in legally shaping societal behavior. Discussions on vigilantism involve examining its nature, the legal protections and assistance available, and shaping a societal view that considers both perpetrators and victims. These conversations aim to uphold human rights within the Pancasila ideology, striving for public order and justice that require collective understanding and effort. Addressing vigilantism effectively necessitates both preventive measures to discourage such actions and repressive responses to penalize offenders, ensuring that societal actions align with justice and human rights objectives.
The Role of Investigators in Handling Child Promiscuity Crimes Situmorang, Jhon EJ
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 examined the role of investigators at the Lampung Regional Police in addressing criminal cases of child promiscuity and identified the factors that hindered their effectiveness. This normative juridical research focused on cases handled by the PPA (Protection of Women and Children Unit) investigators of Polda Lampung in 2021, exploring how they managed these sensitive cases. The research was grounded in the frameworks provided by Law Number 8 of 1981 concerning the Criminal Procedure Code and the Police Law, which established the basis for criminal responsibility. The findings revealed that the effectiveness of investigators was significantly constrained by a shortage of personnel and inadequate infrastructure, impacting their ability to manage cases of child promiscuity effectively.
The Role of Legal Aid And Consultation Agencies Faculty of Law University of Muhammadiyah Sukabumi to Prevent Domestic Violence Kusumah, Haidan Angga Kusumah; Ginalita Dwi Putri2, R Eriska; Rachmawati, Ike
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 Putra, Mohamad Rizki Agung
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

The enforcement of criminal law against book copyright infringement in Indonesia is inadequate, lacking legal certainty and failing to provide restorative justice for copyright holders due to outdated regulations. This study, using a normative juridical approach with descriptive analysis and empirical comparison, reveals that such enforcement is categorized as a 'complaint offense,' starting with the reception of complaints and proceeding to mediation, followed by judicial processes if mediation fails. It also highlights that copyright protection involves automatic regulatory mechanisms, a registration system for exclusive, moral, and economic rights, and combines proactive educational outreach with repressive marketplace monitoring and customs collaborations. Furthermore, the research explores Restorative Justice, focusing on mediation and arbitration in commercial courts for fair restitution, aiming to compensate materially and morally. The findings suggest expanding restitution concepts in Restorative Justice to align with global copyright norms and the growth of E-Commerce, thereby enhancing protection for copyright holders in the digital era.
Legal Validity of Teleconference Witness in Indonesia’s Criminal Justice System Ramadhan, Muhammad Arief Dwi; Alam, Syariful
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 driven by the need to assess the validity and legality of witness statements delivered via teleconference within the Indonesian justice system. As technology and electronic information continue to evolve, teleconferencing emerges as a novel legal tool. Despite this, the Criminal Procedure Code, which is the foundation of criminal procedural law in Indonesia, does not yet include specific provisions regulating this practice. This absence has sparked a polemic, triggering debates and divergent views on whether teleconferencing harms or benefits the parties involved, or whether it serves as an alternative medium to shield witnesses from external interference and threats to their safety. This research concerns the legitimacy of teleconferencing as a valid means of evidence within the Indonesian justice system. The research explores the various arguments for and against the use of witness testimony via teleconference, comparing its implementation in Indonesia with that in other countries. The research methodology employed is normative juridical, focusing on the analysis of legal norms to understand the issues related to the clarity and validity of teleconference-based witness testimony in court proceedings, as well as the associated pros and cons.
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.

Page 5 of 7 | Total Record : 65

 3   4   5   6   7 

Filter by Year

2020 2025


Reset
Filter By Issues
All Issue Vol. 6 No. 1 (2025): Issue In progress (January 2025) Vol. 5 No. 2 (2024) Vol. 5 No. 1 (2024) Vol 4 No 2 (2023): Issue In progress (August 2023) Vol. 4 No. 2 (2023) Vol 4 No 1 (2023) Vol 3 No 2 (2022) Vol. 3 No. 1 (2022) Vol. 2 No. 2 (2021) Vol. 2 No. 1 (2021) Vol. 1 No. 2 (2020) Vol. 1 No. 1 (2020) More Issue