SCLS
Sriwijaya Crimen Legal Studies (SCLS) is a journal in the field of law that publishes articles which include but not limited to articles with the themes: Administrative Crime, Juvenile Delinquent, Criminal Anthropology, Criminal Sociology, Penology, Criminal Psychology, Environmental Crime, Islamic Criminal Law, International Crime, Transnational Crime, Victimology, Corruption, Cybercrime, Narcotics Crime, Crime Prevention, Criminal Law Enforcement, Criminology, Criminal Procedure Code and various other aspects related to Criminal Law. In addition, the scope of this journal is also related to Civil Law, State Administrative Law, Constitutional Law, and International Law.
Articles
9 Documents
Search results for
, issue
"Volume 1 Issue 1 June 2023"
:
9 Documents
clear
<![CDATA[REGIONAL EXPANSION IN INDONESIA: PERSPECTIVES ON DEVELOPMENT LAW THEORY ]]>
<![CDATA[Pratama, Ganiviantara]]>;
<![CDATA[Melati, Rima]]>
<![CDATA[ Sriwijaya Crimen and Legal Studies Volume 1 Issue 1 June 2023 ]]>
Publisher : <![CDATA[Faculty of Law Sriwijaya University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.28946/scls.v1i1.2610
<![CDATA[The research purpose is to find out the development of regional expansion in Indonesia from the point of view of development law theory. The research method used in this study indeed uses the type of juridical normative research. While the approach to be taken by the author is a statutory approach and a conceptual approach. The data analysis used by the author is descriptive qualitative data analysis. The discussion results in this study are two things: first, expansion in Indonesia is considered quite significant, primarily. This expansion is carried out in the framework of national development. But regional expansion cannot be separated from dilemmas, especially political dilemmas, administrative dilemmas, and dilemmas in terms of regional inequality. Second, regional expansion viewed from the point of view of development law theory is undoubtedly related to the role of law as a means. Law occupies a vital role in the means of regional expansion. The law plays an essential role in the legislative process of regional expansion because the autonomous regions that will secede must be based on the products of the law.]]>
<![CDATA[REVIEWING THE IMPLICATIONS OF THE LIVING LAW AS AN EXPANSION OF THE LEGALITY PRINCIPLE IN THE CRIMINAL CODE ]]>
<![CDATA[Arifin, Khofifah Karalita]]>;
<![CDATA[Primadianti, Helena]]>
<![CDATA[ Sriwijaya Crimen and Legal Studies Volume 1 Issue 1 June 2023 ]]>
Publisher : <![CDATA[Faculty of Law Sriwijaya University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.28946/scls.v1i1.2732
<![CDATA[The reforms made to the Criminal Code are an achievement that must be appreciated by all Indonesian people, considering that the current Criminal Code is a legacy from the Dutch Government, so it contained therein is oriented towards Western values. Meanwhile, the Criminal Code, which the legislature of Indonesia has created, contains values following the Indonesian Nation. However, legislators' decision to include living law in the Criminal Code has brought several implications for developing criminal law in Indonesia because Indonesian criminal law also adheres to the principle of legality. The type of this research is socio-legal studies. The legal materials are collected using literature studies with the statute and conceptual approaches. Furthermore, the data processing technique has been collected using the deductive method. This article was written using a qualitative analysis method. This study aims to determine the implications of applying living law as a basis for punishment as regulated in Article 2, paragraph 1 of the new Criminal Code. The results of this study, it is known that sentence based on living law will have the impact on legal uncertainty, the duality of customary law, and requires law enforcement officers who are understand regarding the law which lives in where he is in charge because the state carries out its enforcement through the criminal justice system. The recommendation based on this research is to respect the living law by protecting the existence of indigenous people through formal arrangements in regulation forms.]]>
<![CDATA[CLIMATE CHANGE AND INTERNATIONAL LAW: REVIEWING COMMITMENT FROM ASEAN AND EU ]]>
<![CDATA[Sabatira, Febryani]]>;
<![CDATA[Knudsen, Gustav]]>;
<![CDATA[Saputra, M. Febriyan]]>
<![CDATA[ Sriwijaya Crimen and Legal Studies Volume 1 Issue 1 June 2023 ]]>
Publisher : <![CDATA[Faculty of Law Sriwijaya University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.28946/scls.v1i1.2653
<![CDATA[Climate change is a major issue occurring in our time. Global in scope and unprecedented in size, the repercussions of climate change include everything from changing weather patterns that endanger agricultural production to increasing sea levels that raise the possibility of catastrophic flooding. Considering the broad impact of climate change, all parties must take any measure necessary to address this issue, including primary regional organizations, namely the Association of Southeast Asia Nations (ASEAN) and the European Union (EU). This study examines the approach of ASEAN and the European Union regarding climate change that dramatically impacts the country's stability. Research shows that ASEAN-EU cooperation on climate change consists of 3 (three) main collaborations, namely Green Growth and the Environment, ASEAN-EU Statement on the Paris Agreement Reaffirming Commitment to Cooperation to Address the Shared Challenges of Climate Change, and The Second EU-ASEAN High-Level Dialogue on Environment and Climate Change. These forms of cooperation emphasize the commitment of the European Union as an advanced regional organization to support ASEAN in dealing with the impacts of climate change and implementing policies to reduce the use of carbon gas. In addition, the comparison of ASEAN and European Union policies on climate change ASEAN and the European Union is based on indicators according to Article 4 of the UNFCCC, which consists of progress, reduction of carbon gas emissions and greenhouse effects, adaptation and mitigation, and implementation of national policies. In addition, it can be seen that ASEAN policies are more in the form of a framework in conferences that reduce various regulatory instruments with each focus. At the same time, the European Union uses an approach in the form of an action plan that will be integrated into one law on climate change, namely the European Climate Law. ]]>
<![CDATA[THE PROGRESS OF ISLAMIC CRIMINAL LAW IN INDONESIA: AN ANALYSIS OF THE DYNAMIC AND THE URGENCY OF IT’S IMPLEMENTATION ]]>
<![CDATA[Vianne, Virginia Harizta]]>
<![CDATA[ Sriwijaya Crimen and Legal Studies Volume 1 Issue 1 June 2023 ]]>
Publisher : <![CDATA[Faculty of Law Sriwijaya University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.28946/scls.v1i1.2905
<![CDATA[Although the application of Islamic criminal law still raises pros and cons due to the assumption that the sanctions tend to be sadistic. It does not mean Islamic criminal law is impossible to apply in Indonesia. Positive law in Indonesia results from thinking based on three components that substantially influence European, customary, and Islamic law. The problem related to the formation of positive law in Indonesia is the position of Islamic law, especially those still vague and unfamiliar to the public. So that the formulation of the problem in this study is: how are the dynamics of existence and the urgency of applying Islamic criminal law in Indonesia? This research used normative juridical methods or legal research. The study results show that the dynamics of Islamic criminal law in Indonesia began in the colonial period as a subsystem of customary law. As for the legalization process of Islamic law or criminal law in Indonesian law, it cannot be carried out easily due to the tendency of the influence of Western state law, which previously colonized Indonesia. Nowadys, Islamic criminal law has been applied to one of Indonesia’s regions, namely Nanggroe Aceh Darussalam. Another dynamic that Indonesia has to face in implementing Islamic criminal law is the existence of a stigma that punishment in Islamic criminal law seems sadistic and inhumane or violates human rights. The urgency of implementing Islamic criminal law in Indonesia is that Islamic criminal law contains more than all the goals commonly known in the world of criminal law, namely retribution, deterrence, and reformation.]]>
<![CDATA[NEW PATTERNS OF PALM LICENSING EXPANSION: ACCESS AND POWER RELATIONS IN FOREST AREAS IN INDONESIA ]]>
<![CDATA[Nur Asih, Sani]]>;
<![CDATA[Andreas, Rico]]>;
<![CDATA[Yudhi, Rifka]]>;
<![CDATA[Alfian, Fajar Bima]]>
<![CDATA[ Sriwijaya Crimen and Legal Studies Volume 1 Issue 1 June 2023 ]]>
Publisher : <![CDATA[Faculty of Law Sriwijaya University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.28946/scls.v1i1.2693
<![CDATA[Indonesia is one of the most significant palm oil contributors in the world. Palm oil is one of the leading commodities supporting the running of Indonesia's national economy. The high influence of the economic growth of oil palm in Indonesia has caused a shift in the cultivation of rubber and other conventional cash crops at the community level, changing to oil palm regardless of the role of oil palm in the nation's economy. The oil palm plantation industry is not welcomed by some Indonesian people affected by oil palm plantations. This is because the practice of oil palm plantations in Indonesia is suspected as one of the triggers for various environmental and social problems, such as deforestation, clearing of peatlands, forest fires, loss of biodiversity, and tenure conflicts. The issues to be discussed are, first, how the permits are granted to the palm oil industry in forest areas by the government; second, what control strategy must be carried out against the palm oil industry in Indonesian forest areas. This research was conducted using the socio-legal research method. Without an accountable and strict control system in the licensing process, it will impact the large number of oil palm plantation permits issued that tend to violate spatial regulations. Apart from that, further regulation of policies regarding palm oil in the work copyright law will increase the length of conflicts that occur and complicate reforming palm oil governance. Applying the "whitewash smell" model as a settlement effort will only reduce the chances of settlement, ignore permits, not be transparent, and ultimately harm the community.]]>
<![CDATA[INVISIBLE DISPLACEMENT: A CALL FOR COMPREHENSIVE LEGAL PROTECTION FOR "OTHER PERSONS OF CONCERN ]]>
<![CDATA[Yatani, Vincent Godana]]>
<![CDATA[ Sriwijaya Crimen and Legal Studies Volume 1 Issue 1 June 2023 ]]>
Publisher : <![CDATA[Faculty of Law Sriwijaya University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.28946/scls.v1i1.2788
<![CDATA[The global debate on forced migration, which focuses on international legal frameworks and policies, is subjugated mainly by the refugee narratives. The plight of displaced individuals who have been compelled to leave their homes but remain within their own country has received considerably less attention in the international arena due to the absence of a specific international legal framework that comprehensively addresses their unique challenges. These individuals, often generalized as "other persons of concern," attract little to no attention for protection and assistance from the global community. This research explores the legal protections currently available to "other persons of concern," and identifies gaps and challenges in these frameworks. The article analyzes existing literature on the subject, judicial decisions, and relevant legal instruments using the legal research method. The article argues for the urgent need to create a comprehensive legal framework that recognizes and protects the rights of "other persons of concern." Ultimately, this research makes a compelling call for the international community to recognize the vulnerability of "other persons of concern" and the pressing need to shift the discourse on forced displacement toward a more inclusive and comprehensive approach that recognizes the plight of all those who have been forcibly displaced, regardless of whether they have crossed an international border or not.]]>
<![CDATA[THE SIX ARROWS OF ATATÜRKISM, WITH SPECIAL REFERENCE TO THE EQUAL RIGHTS OF WOMEN ]]>
<![CDATA[Perger, Ádám]]>
<![CDATA[ Sriwijaya Crimen and Legal Studies Volume 1 Issue 1 June 2023 ]]>
Publisher : <![CDATA[Faculty of Law Sriwijaya University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.28946/scls.v1i1.2768
<![CDATA[Mustafa Kemal Atatürk was one of the greatest, if not the greatest, figures in Turkish history, and he did not earn this title without reason. The reforms and innovations he brought to Turkey brought about real change in theory and natural social and political terms. One of the most striking manifestations of these reforms was the so-called 'six arrows' system, which effectively summed up Atatürk's political essence and ideas. In this paper, I will describe the elements of the 'six arrows' system, examining their social and political implications, particularly the steps taken to achieve women's equality. I have chosen impact analysis as the research method, as I considered it appropriate in the context of women's emancipation, given the many social impacts of introducing new legislation in Turkish society. In my thesis, I have greatly emphasized the historical overview of the right to marry freely - primarily from a legal-historical perspective- to obtain a genuinely complex picture of the six arrows system as manifested in law practice. In choosing the research method, I proceeded from the assumption that the various disciplines and applied sciences now make it possible to predict the expected consequences of legislative decisions with varying degrees of reliability, and to examine the results of decisions already taken after the event, comparing the facts with the anticipated effects. Suppose we accept that the purpose of legislation is to produce some consequence. In that case, an impact assessment is a prominent tool for assessing the effectiveness and efficiency of individual legislative products and the legislative process.]]>
<![CDATA[THE SIX ARROWS OF ATATÜRKISM, WITH SPECIAL REFERENCE TO THE EQUAL RIGHTS OF WOMEN ]]>
<![CDATA[Perger, Adam]]>
<![CDATA[ Sriwijaya Crimen and Legal Studies Volume 1 Issue 1 June 2023 ]]>
Publisher : <![CDATA[Faculty of Law Sriwijaya University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.28946/scls.v1i1.2768
<![CDATA[Mustafa Kemal Atatürk was one of the greatest, if not the greatest, figures in Turkish history, and he did not earn this title without reason. The reforms and innovations he brought to Turkey brought about real change in theory and natural social and political terms. One of the most striking manifestations of these reforms was the so-called 'six arrows' system, which effectively summed up Atatürk's political essence and ideas. In this paper, I will describe the elements of the 'six arrows' system, examining their social and political implications, particularly the steps taken to achieve women's equality. I have chosen impact analysis as the research method, as I considered it appropriate in the context of women's emancipation, given the many social impacts of introducing new legislation in Turkish society. In my thesis, I have greatly emphasized the historical overview of the right to marry freely - primarily from a legal-historical perspective- to obtain a genuinely complex picture of the six arrows system as manifested in law practice. In choosing the research method, I proceeded from the assumption that the various disciplines and applied sciences now make it possible to predict the expected consequences of legislative decisions with varying degrees of reliability, and to examine the results of decisions already taken after the event, comparing the facts with the anticipated effects. Suppose we accept that the purpose of legislation is to produce some consequence. In that case, an impact assessment is a prominent tool for assessing the effectiveness and efficiency of individual legislative products and the legislative process.]]>
<![CDATA[THE PROGRESS OF ISLAMIC CRIMINAL LAW IN INDONESIA: AN ANALYSIS OF THE DYNAMIC AND THE URGENCY OF ITS IMPLEMENTATION ]]>
<![CDATA[Vianne, Virginia Harizta]]>
<![CDATA[ Sriwijaya Crimen and Legal Studies Volume 1 Issue 1 June 2023 ]]>
Publisher : <![CDATA[Faculty of Law Sriwijaya University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.28946/scls.v1i1.2905
<![CDATA[Although the application of Islamic criminal law still raises pros and cons due to the assumption that the sanctions tend to be sadistic. It does not mean Islamic criminal law is impossible to apply in Indonesia. Positive law in Indonesia results from thinking based on three components that substantially influence European, customary, and Islamic law. The problem related to the formation of positive law in Indonesia is the position of Islamic law, especially those still vague and unfamiliar to the public. So that the formulation of the problem in this study is: how are the dynamics of existence and the urgency of applying Islamic criminal law in Indonesia? This research used normative juridical methods or legal research. The study results show that the dynamics of Islamic criminal law in Indonesia began in the colonial period as a subsystem of customary law. As for the legalization process of Islamic law or criminal law in Indonesian law, it cannot be carried out easily due to the tendency of the influence of Western state law, which previously colonized Indonesia. Nowadys, Islamic criminal law has been applied to one of Indonesia’s regions, namely Nanggroe Aceh Darussalam. Another dynamic that Indonesia has to face in implementing Islamic criminal law is the existence of a stigma that punishment in Islamic criminal law seems sadistic and inhumane or violates human rights. The urgency of implementing Islamic criminal law in Indonesia is that Islamic criminal law contains more than all the goals commonly known in the world of criminal law, namely retribution, deterrence, and reformation.]]>
