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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 72 Documents
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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.
Normative Approach to the Prohibition of Euthanasia in Indonesian Law and Islamic Law Wicaksono, Emirza Nur; Azura, Dinda Maurizka
Ius Poenale Vol. 6 No. 1 (2025)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/ip.v6i1.4411

Abstract

Euthanasia is an issue in bioethics that remains debatable between medical ethics, human rights, and religious principles. In Indonesia, the lack of explicit regulation and the strong influence of moral and religious values create legal ambiguity and ethical uncertainty for healthcare providers. This study examines the normative foundations of euthanasia prohibition in Indonesian positive law and Islamic law, highlighting their shared commitment to the sanctity of life but differing philosophical bases. Indonesian law, rooted in constitutional and criminal provisions, treats euthanasia as an unlawful act, while Islamic law prohibits it on theological grounds, allowing limited withdrawal of treatment under strict conditions. The study underscores the need for a coherent national framework that harmonizes constitutional, ethical, and religious values to guide future health law and bioethics policy in Indonesia.
The Harm Principle as a Basis for the Criminalization of Match Fixing in Football Competitions Rusdiana, Emmilia; Madjid, Abdul; Istiqomah, Milda
Ius Poenale Vol. 6 No. 1 (2025)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/ip.v6i1.4423

Abstract

The credibility of football has been repeatedly questioned due to allegations of bribery and related violations, as reflected in judicial decisions such as Case No. 51/Pid.Sus/2019/PN.Bnr, which established bribery as the initial act in match fixing. This study, employing normative legal research with legislative and conceptual approaches and analyzed through philosophical interpretation, examines match fixing through the principle of loss as the basis for its criminalization. The findings show that bribery constitutes a mala in se offense, inherently wrongful in nature, and that the principle of loss satisfies the indicators of criminalization by recognizing both material and immaterial harm to society. These results confirm that bribery, with identifiable victims in the community, underlies the complexity of match fixing and provide new insights to raise public awareness..
Green Criminology: Evolution, Typology, and Legal Framework for Environmental Protection Pelengkahu, Muhamad
Ius Poenale Vol. 6 No. 1 (2025)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/ip.v6i1.4444

Abstract

Green criminology (GC) offers a critical lens for understanding the dynamics of environmental harm, moving beyond Classical Criminology (CC Green Criminology (GC) offers a framework for understanding environmental harm, extending beyond Classical Criminology to include the rights of ecosystems, non-human species, and future generations. This article traces the evolution of GC, outlines key environmental crime typologies, and examines its relevance for legal and policy responses in Indonesia. Using a normative juridical approach and secondary data, the study assesses Law No. 32 of 2009 on Environmental Protection and Management and related sectoral statutes in addressing illegal logging, wildlife trafficking, pollution, and land degradation. Findings reveal weak enforcement due to fragmented institutions, inadequate sanctions, corruption, and corporate–political influence, highlighting that these offences represent systemic harm. The study concludes that advancing environmental justice requires legal reform, stronger institutional coordination, public engagement, and international cooperation. GC provides a pathway for embedding ecological justice and sustainability into more effective and equitable environmental governance.
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.
Criminal Liability Model for Deepfake AI Developers: European Union Inspiration for Indonesia’s Legal Framework Pratama, Andre Arya; Fathurrahman, Fikri Rosyad; Lestari, Rani
Ius Poenale Vol. 6 No. 1 (2025)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/ip.v6i1.4612

Abstract

The rapid development of Artificial Intelligence (AI), particularly deepfake technology, presents both opportunities and risks, including fraud, disinformation, and digital sexual crimes. In Indonesia, the legal framework primarily holds users accountable while leaving AI developers largely unregulated, creating legal gaps and weakening victim protection. This study examines criminal liability for AI developers under Indonesian law and proposes an ideal model inspired by the European Union, where developers face obligations for transparency, labeling, and liability for defective AI products. Using normative legal research and comparative analysis, the study finds that shifting accountability toward developers would enhance victim protection, close regulatory gaps, and establish a balanced legal framework that aligns AI innovation with responsibility.
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.

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