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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 4 issue 1 june 2026" : 7 Documents clear
CRIMINAL LIABILITY FOR ILLEGAL FUND TRANSFERS: A CASE STUDY OF DECISION NUMBER 811/PID.SUS/2022/PN.JKT.TIM Muhamad Ashil Firdaus; Ibrahim Danjuma; Rizka Nurliyantika
Sriwijaya Crimen and Legal Studies Volume 4 Issue 1 June 2026
Publisher : Faculty of Law Sriwijaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/scls.v4i1.5326

Abstract

This study aims to analyse criminal liability for perpetrators of illegal fund transfer under Article 82 of Law Number 3 of 2011 concerning Fund Transfer and to examine the fulfillment of the elements of criminal offenses in Decision Number 811/Pid.Sus/2022/PN.Jkt.Tim. The research adopts a normative juridical approach by examining statutory regulations, legal doctrines, and relevant judicial decisions concerning fund transfer crimes and cyber-enabled financial offenses in Indonesia. In addition, the study reviews secondary legal materials, including legal textbooks, journal articles, and scholarly writings related to criminal law, cybercrime, and electronic financial transactions. The results of the study indicate that Article 82 of Law Number 3 of 2011 serves as a specific legal provision that criminalizes any person who intentionally receives or accommodates funds known or reasonably suspected to originate from unlawfully made fund transfer orders. The existence of this provision reflects the state’s commitment to adapting criminal law to the rapid development of digital financial systems and cyber-financial crimes. The analysis of Decision Number 811/Pid.Sus/2022/PN.Jkt.Tim demonstrates that all criminal elements under Article 82 were legally fulfilled, particularly the elements of “any person,” “intentionally,” “receives or accommodates,” and “funds known or reasonably suspected to originate from unlawful fund transfer orders.” The court found that the defendant knowingly provided and controlled multiple bank accounts used to receive and redistribute funds derived from fraudulent electronic transactions through digital financial platforms. However, the effectiveness of the implementation of Article 82 remains constrained by several factors, including the sophistication of cybercrime methods, difficulties in tracing electronic transactions, the use of intermediary accounts, and the limited capacity of law enforcement authorities in handling digital evidence and cyber-financial investigations. In addition, public awareness regarding the legal consequences of facilitating suspicious financial transactions remains relatively low, thereby increasing the risk of unlawful fund transfer activities within electronic financial systems. On the other hand, the law provides legal protection through criminal sanctions, judicial enforcement mechanisms, and regulations governing electronic financial transactions aimed at maintaining legal certainty and public trust in Indonesia’s digital banking sector. Therefore, stronger coordination between financial institutions, regulators, and law enforcement agencies, accompanied by technological development and public legal education, is necessary to ensure effective law enforcement and protection against illegal digital fund transfer activities in Indonesia.
APPLICATION OF CRIMINAL PENALTIES IN LIEU OF FINES IN TAX CRIMES (Study Decision Number 1025/Pid.Sus/2023/PN Jkt) Jea Meysa Maharani Riyadi Putri; Rd. Muhammad Ikhsan
Sriwijaya Crimen and Legal Studies Volume 4 Issue 1 June 2026
Publisher : Faculty of Law Sriwijaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/scls.v4i1.5770

Abstract

This article examines how the application or effectiveness of the penalty in lieu of fines in tax crimes after Law Number 7 of 2021 concerning Tax Harmonization which based on Article 44C Paragraph (1), Paragraph (2), states that fines cannot be replaced by imprisonment and must be paid by the convict, but in this case if the defendant is not paid within 1 month, it is replaced with a prison sentence that does not exceed the prison sentence that is broken. The purpose of this study is to analyse the judges' considerations in imposing substitute fines in tax crime cases (decision number 1025/Pid.Sus/2023/PN Jkt) and to analyse the implementation of substitute criminal sanctions for fines in tax crimes. This study uses a normative juridical method and is supported by an empirical juridical method with a literature approach or related laws. Data analysts use qualitative descriptive. The results of this study show that the legal position of Article 44C Paragraph (1) does not provide legal certainty for losses in state revenue. Paragraph (3) provides a loophole to the defendant; if his property is insufficient, it will be replaced with a prison sentence. Decision Number 1025/Pid.Sus/2023/PN Jkt Pst provides the fact that the defendant was sentenced to a fine of 2 x IDR 1,615,653,056 = IDR 3,231,306,110, but in reality, the assets owned by the defendant are insufficient to cover the loss to state revenue. Therefore, the defendant was sentenced to imprisonment in lieu of a fine of 6 (six) months.
RECONSTRUCTING ABSENTEE LAND POLICY: A PROPORTIONALITY ANALYSIS OF PROPERTY RIGHTS PROTECTION WITHIN THE FRAMEWORK OF AGRARIAN JUSTICE Fernando Tantaru
Sriwijaya Crimen and Legal Studies Volume 4 Issue 1 June 2026
Publisher : Faculty of Law Sriwijaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/scls.v4i1.5885

Abstract

This study examines the regulation of absentee land ownership in Indonesia from the perspective of property rights protection using the proportionality principle. While the prohibition of absentee land is intended to promote agrarian justice, its continued application raises questions regarding its relevance in contemporary socio-economic conditions. Increased mobility, diversified land management practices, and evolving land-use patterns challenge the assumption that land must be directly cultivated by its owner. This research employs a normative legal method with a conceptual and statutory approach, analyzing absentee land regulation through the stages of legitimate aim, necessity, and proportionality stricto sensu. The findings indicate that although the policy satisfies the requirement of legitimate aim, it encounters significant limitations in meeting the criteria of necessity and proportionality. The absence of clear legal standards, particularly in defining unmaintained land, creates legal uncertainty and expands administrative discretion, potentially leading to disproportionate restrictions on property rights. This study proposes a reconstruction of absentee land policy through a shift toward a productivity-based regulatory framework, supported by measurable indicators and strengthened procedural safeguards. The study contributes to the development of agrarian law by integrating proportionality analysis into the evaluation of land regulation and offering a more balanced approach between agrarian justice and constitutional property rights protection.
PUBLIC LEGAL AWARENESS IN TRAFFIC AS AN APPLICATIVE PRINCIPLE-BASED COMPLIANCE TO PREVENT ACCIDENTS Vera Novianti; Suci Flambonita; Artha Febriansyah
Sriwijaya Crimen and Legal Studies Volume 4 Issue 1 June 2026
Publisher : Faculty of Law Sriwijaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/scls.v4i1.5902

Abstract

Public awareness of traffic law is an important factor in the implementation of compliance with the law, a basic principle of a law state. The high number of violations and accidents shows that law enforcement has not fully become a legal culture within society. This study analyzes the role of law enforcement in increasing public legal awareness. The juridical-sociological method is used in this study. This focuses on the clauses in Law Number 22 of 2009 concerning Road Traffic and Transportation, which also examines social factors that influence the level of legal awareness. The result of the study shows that effective law enforcement is not only repressive through sanctions, but also preventive, educative, and persuasive. The public legal awareness forms through the process of internalization law value, which includes knowledge, comprehension, attitude, and a pattern of legal behavior. Therefore, ideal traffic compliance is voluntary and arises from legal awareness, not solely from fear of sanctions. This research emphasizes that synergy between consistent law enforcement, transparency of authorities, and community participation is key in building a culture of traffic order as a manifestation of adherence to principles in community life.
IMPLEMENTATION OF THE PRINCIPLE OF THE BEST INTEREST OF THE CHILD IN THE JUVENILE CRIMINAL JUSTICE SYSTEM: A CASE STUDY IN THE MERAUKE DISTRICT COURT Rendie Meita Sarie Putri; Nurul Widhanita Y. Badilla; Riez Kifli Kolewora; Ros Amira bt Mohd Ruslan
Sriwijaya Crimen and Legal Studies Volume 4 Issue 1 June 2026
Publisher : Faculty of Law Sriwijaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/scls.v4i1.5978

Abstract

Children in conflict with the law require special protection within the juvenile criminal justice system to ensure the fulfillment of their rights and interests. This study examines the implementation of the principle of the best interests of the child in the juvenile criminal justice system, particularly through the diversion mechanism as regulated under Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. The research aims to analyze the application of this principle and identify obstacles that may hinder its effective implementation. This study employs a normative juridical method using statutory, conceptual, and case approaches. Legal materials were collected through literature review and analyzed qualitatively. The results indicate that the principle of the best interests of the child is reflected in the diversion process, which prioritizes restorative justice, rehabilitation, and the protection of children’s rights while maintaining consideration for victims’ interests. However, several challenges remain, including the dependence on victim consent in diversion proceedings, limited public understanding of restorative justice, low community participation, and the need for stronger institutional support in implementing diversion. Therefore, enhancing public awareness, strengthening stakeholder involvement, and improving diversion guidelines are necessary to ensure that the best interests of the child are consistently realized within the juvenile criminal justice system.
PORNOGRAPHY REGULATION UNDER INDONESIA’S NEW CRIMINAL CODE: CONTRADICTIONS BETWEEN MORAL RELATIVISM AND THE PRINCIPLE OF UNIVERSAL CRIMINAL JURISDICTION Nahla Jamilie Rahmah Mukhtarudin; Ardiana Hidayah; Serlika Aprita; Heriyono Tarjono; Tiara Sahda
Sriwijaya Crimen and Legal Studies Volume 4 Issue 1 June 2026
Publisher : Faculty of Law Sriwijaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/scls.v4i1.6038

Abstract

This study analyzes the contradiction between the principle of relativity and the principle of criminal universality in the regulation of pornography crimes under the New Criminal Code (Law No. 1 of 2023) (Articles 407-411). The New Criminal Code criminalizes various aspects of pornography, reflecting the protection of public morality and Indonesian cultural/religious values. The principle of relativity emphasizes that the definition of pornography is closely tied to socio-cultural and local standards. The specific provisions of the Criminal Code demonstrate a bias towards these relative moral standards. However, this poses the risk of over-criminalizing content that may be considered normal in other jurisdictions or non-exploitative for adults. Conversely, the principle of criminal universality demands universal criminal law protection, especially for crimes that violate fundamental human rights, such as child pornography and sexual exploitation. In a digital and transnational context, the need for universal standards is increasingly pressing. Contradictions arise when relatively national criminal laws attempt to be applied to a universal cyberspace. Rigid moral standards have the potential to hinder legitimate artistic or sexual expression (relativity) but also risk defocusing on crimes of exploitation that require a global response (universality). This study concludes that the implementation of the New Criminal Code must be balanced with progressive interpretation.
CRIMINAL LAW POLICY ON ECOCIDE AS A SERIOUS HUMAN RIGHTS VIOLATION IN INDONESIA Herdi Hidayat; Muhyi Mohas; Reine Rofiana
Sriwijaya Crimen and Legal Studies Volume 4 Issue 1 June 2026
Publisher : Faculty of Law Sriwijaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/scls.v4i1.6052

Abstract

This study is motivated by humanity’s arbitrary treatment of the environment, which has given rise to a new term: ecocide. Indonesian law has not yet recognized ecocide as a grave violation of human rights. This has resulted in weak enforcement of environmental laws against perpetrators and limited access to justice for victims. Unlike previous studies, which generally only discuss ecocide as an environmental crime that violates ordinary human rights, this study analyses ecocide through the perspective of gross human rights violations and determines the direction of criminal law policy needed to accommodate this concept within national law. The methods used in this study are normative legal research employing a statutory approach and a conceptual approach. The data were derived from secondary sources, including primary and secondary legal materials, as well as literature obtained through a literature review. The findings indicate that ecocide shares the same characteristics as gross human rights violations, namely the elements of widespread and systematic nature; this is what distinguishes it from ordinary environmental crimes. Indonesia’s environmental legal policy, through the Environmental Protection and Management Law (UU PPLH), already provides for criminal sanctions and fines; however, these regulations are not yet optimal. This is due to the lack of provisions categorizing ecocide as a form of gross human rights violation, making it difficult to prosecute perpetrators under a robust legal framework. This study proposes a formulation of criminal law policy through amendments to the Human Rights Court Law and the inclusion of ecocide as a gross human rights violation. Key points to consider include: recognizing corporations as legal entities that can be held accountable; optimizing the concept of strict liability; making criminal sanctions the primary remedy; and ensuring the fulfillment of victims’ rights through compensation, restitution, restoration of damaged environments, and socio-economic rehabilitation.

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