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Desia Rakhma Banjarani
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INDONESIA
SCLS
Published by Universitas Sriwijaya
ISSN : 29866367     EISSN : 29877350     DOI : https://doi.org/10.28946/scls
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 7 Documents
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Search results for , issue "Volume 3 Issue 1 June 2025" : 7 Documents clear
QUESTIONING THE ROLE OF ADAT CRIMINAL LAW IN INDONESIA’S CRIMINAL CODE REFORM: A POST-KUHP 2023 PERSPECTIVE Hermanto, Bagus; Putra, Rengga Kusuma; Nugroho, Aziz Widhi; Hattori, Mariko; Yusa, I Gede; Ardani, Ni Ketut
Sriwijaya Crimen and Legal Studies Volume 3 Issue 1 June 2025
Publisher : Faculty of Law Sriwijaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/scls.v3i1.4727

Abstract

The enactment of Law Number 1 of 2023 concerning the New Indonesian Criminal Code (KUHP 2023) marks a significant shift in Indonesia’s legal landscape, particularly concerning the recognition and integration of Adat Criminal Law within the national legal framework. This study explores the future prospects of Indonesia’s criminal law reform, focusing on the coexistence of statutory and customary law, judicial application of adat norms, human rights considerations, local governance roles, public perception, and policy directions. Using a normative juridical approach, the research examines the legal, sociological, and political justifications for adat law recognition, its challenges in enforcement, and the implications for Indonesia’s legal pluralism. Key findings highlight the complexities of judicial discretion in applying adat law, the need for harmonization with constitutional protections, and public attitudes toward adat-based justice mechanisms. Additionally, this study proposes policy recommendations for ensuring legal certainty, judicial training, and technological advancements in adat law documentation. By addressing these challenges, Indonesia can establish a balanced legal system that respects customary traditions while aligning with national and international legal standards.
UNPACKING THE INDEPENDENCE OF THE INDIGENOUS PEOPLES BILL: A CRITIQUE Ricca Anggraeni
Sriwijaya Crimen and Legal Studies Volume 3 Issue 1 June 2025
Publisher : Faculty of Law Sriwijaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/scls.v3i1.4736

Abstract

Although the Indigenous Peoples Bill has been included in the National Legislation Programme since 2015, it has not yet entered the discussion stage at the time of writing. The bill has not been considered a concrete necessity for indigenous peoples. Regulation of Masyarakat Hukum Adat in the form of regional regulations is sufficient to recognise their existence within Indonesian society. However, Indigenous Peoples need protection to guarantee their rights, including those relating to natural resources and land, culture, and self-determination. Therefore, what is needed is more than just administrative recognition. The aim of this paper is to criticise the stagnation of the Indigenous Peoples Bill and to promote its enactment. This paper uses the normative legal research method to achieve its objectives, namely, to criticise the stagnation of the bill due to conflicts of interest in development and the underrepresentation of indigenous peoples in the power structure.
COMPARISON OF CHEMICAL CASTRATION SANCTIONS AGAINST PERPETRATORS OF CHILD SEXUAL VIOLENCE IN IN-DONESIA AND SOUTH KOREA Pratama, Yudi; Irzal Fardiansyah, Ahmad; Nikmah Rosidah; Maya Shafira; Gunawan Jatmiko; Rini Fathonah
Sriwijaya Crimen and Legal Studies Volume 3 Issue 1 June 2025
Publisher : Faculty of Law Sriwijaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/scls.v3i1.4743

Abstract

Chemical castration punishment is regulated in Law No. 17 of 2016 about Child Protection, which provides additional sanctions for perpetrators of child sexual crimes. In South Korea, it is regulated in the South Korean Bill on Prevention and Handling Perpetrator Violence Sexual to However, the implementation of this law has encountered various obstacles, including unclear implementation procedures and rejection from several medical circles. Even though there are aiming to protect children from sexual violence, criticism has emerged regarding potential human rights violations. tendency to repeat crimes. With a more structured system, South Korea has succeeded in reducing the recidivism rate through a rehabilitation approach and long-term supervision. This study uses a normative legal approach using a legislative approach, a conceptual approach and a comparative legal approach. The results of the study show that although both countries have the same goal of protecting children from sexual violence, there are significant differences in the implementation and effectiveness of chemical castration sanctions in Indonesia which carries out execution aimed at the profession doctor while South Korea was handed over to court as execution castration chemical. This study aims to provide insight into the comparison of legal policies in the two countries and their implications for the protection of child sexual violence victims. Meanwhile, South Korea became the first country in Asia to implement chemical castration in 2011. This policy was implemented based on the results of a medical diagnosis indicating that the perpetrator had.
RIGHTS AND POLICIES FOR WOMEN TO BE PROTECTED FROM SEXUAL VIOLENCE IN OBTAINING EDUCATION AT UNIVERSITIES Carissa Dwilanisusantya; Ratih Widowati; Ifah Atur Kurniati
Sriwijaya Crimen and Legal Studies Volume 3 Issue 1 June 2025
Publisher : Faculty of Law Sriwijaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/scls.v3i1.4773

Abstract

Based on data from the National Commission on Violence Against Women in 2020, of the total cases of violence in the educational environment, 88% were cases of sexual violence. Higher education is the level of education with the highest percentage of sexual violence incidents, namely 35%. Women are the gender that is more often the victim of sexual violence, while based on human rights, women and men should have equal opportunities to get an education. To provide equal educational opportunities, Regulation of the Ministry of Edication, Culture, Research, and Technology of Indonesia (Permendikbudristek) number 30 of 2021 has been formed which regulates the prevention and handling of sexual violence, called PPKS in the higher education environment with the implementation of the formation of the PPKS Task Force (Satgas PPKS). However, this does not directly eliminate cases of sexual violence that occur in universities, in fact, until now there are still cases of sexual violence in various universities. Women are still easy targets for sexual violence. This study aims to identify the causes and problems of sexual violence against women and how to create appropriate policies in the educational environment so that it is safe and comfortable so that women no longer have a sense of worry. This study uses qualitative research methods to gain an in-depth and comprehensive understanding of acts of sexual violence and the formulation of appropriate policies in certain higher education environments related to the creation of a safe and comfortable educational environment.
EFFORTS TO RESOLVE DRUG SMUGGLING CRIMES BY MEMBERS OF THE MEXICAN SINALOA CARTEL AS A TRANSNATIONAL ORGANIZED CRIME Maya Damanik, Intan Sri; Nathania Norberta Silalahi; Sonia; Muhammad Natsir
Sriwijaya Crimen and Legal Studies Volume 3 Issue 1 June 2025
Publisher : Faculty of Law Sriwijaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/scls.v3i1.4783

Abstract

Tindak pidana terkait penyalahgunaan, penyelundupan, dan pengedaran narkotika semakin marak terjadi bahkan hingga dapat membentuk organisasi kejahatan atau kartel yang melintasi batas-batas negara. Indonesia tidak luput sebagai salah satu negara yang menjadi sasaran dalam penyelundupan dan pengedaran narkotika anggota Kartel Sinaloa Meksiko. Oleh karena itu, telah diadakan Konvensi PBB tentang Kejahatan Terorganisir Lintas Negara yang merupakan upaya dalam menangani kejahatan yang telah melintasi batas-batas negara. Metode penelitian yang digunakan ialah yuridis normatif dengan menelaah teori-teori serta menganalisis dan mengkaji ketentuan-ketentuan hukum yang memiliki keterkaitan dengan penelitian ini.
POTENTIAL OF PROSECUTING TERRORISM BASED ON THE STATUTE OF THE INTERNATIONAL CRIMINAL COURT Pilisy, Bence
Sriwijaya Crimen and Legal Studies Volume 3 Issue 1 June 2025
Publisher : Faculty of Law Sriwijaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/scls.v3i1.4784

Abstract

Terrorism can take many forms, making it particularly challenging to combat. The International Criminal Court (ICC) has been given a prominent role in the fight against terrorism but due to several reasons, the work of the board encounters obstacles. The aim of the research is to demonstrate whether the International Criminal Court (ICC) effectively fights against international terrorism. During the research, an explanatory research method was used, and with the results obtained, the analyze can be conluded that there are several obstacles facing the ICC in the fight against terrorism, the solution of which will take a long time, and the effectiveness of the ICC depends to a large extent on the fact that the missing great powers also join the Statute. Until this happens, the effectiveness of the ICC's activities can be questioned.
JURIDICAL REVIEW OF LAW NO. 21 OF 2007 ON THE PROTECTION AND ERADICATION OF HUMAN TRAFFICKING AS A TRANSNATIONAL HUMAN RIGHTS VIOLATION IN INDONESIA Ramadhani, Solibah; Novianti, Vera; Murti, Krisna
Sriwijaya Crimen and Legal Studies Volume 3 Issue 1 June 2025
Publisher : Faculty of Law Sriwijaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/scls.v3i1.4785

Abstract

Human Trafficking (TPPO) is a structured and systematic form of crime that violates human rights as the inherent rights of human beings as creations of God Almighty. This crime not only occurs in Indonesia but has also become a transnational crime, in which the rampant practice of human trafficking is often not accompanied by optimal protection for victims and effective countermeasures against perpetrators. Based on this, this paper aims to examine how national law regulates the crime of human trafficking, as well as how the Indonesian national legal system provides protection and countermeasures, by considering the factors that cause the crime of human trafficking. The research method employed in this paper is a juridical-normative approach, which examines and analyzes the implementation of legal provisions in legislation concerning human trafficking crimes, utilizing secondary data derived from library research. Therefore, this paper will discuss Law No. 21 of 2007 on the Eradication of the Crime of Trafficking in Persons, which not only regulates criminal sanctions for perpetrators and the protection of victims' rights but also examines how countermeasures are taken against the crime of human trafficking. Consequently, the results of this study demonstrate that Law No. 21 of 2007 has comprehensively regulated the scope of TPPO, encompassing both criminal aspects for perpetrators and protection for victims including restitution, rehabilitation, and confidentiality of identity. Thus, this regulation becomes a concrete instrument for strengthening cooperation with various stakeholders and serves as a key factor in the success of preventing, protecting, and eradicating trafficking in persons as a transnational crime, particularly in Indonesia.

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