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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 40 Documents
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INVISIBLE DISPLACEMENT: A CALL FOR COMPREHENSIVE LEGAL PROTECTION FOR "OTHER PERSONS OF CONCERN Yatani, Vincent Godana
Sriwijaya Crimen and Legal Studies Volume 1 Issue 1 June 2023
Publisher : Faculty of Law Sriwijaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/scls.v1i1.2788

Abstract

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.
THE IMPACT OF PRENUPTIAL AGREEMENTS ON PROPERTY OWNERSHIP LEGAL STATUS OF INTER-MARRIAGES Khanza, Yuga Narazua; Okubo, Haruki; Mirantama, Ninda
Sriwijaya Crimen and Legal Studies Volume 1 Issue 2 December 2023
Publisher : Faculty of Law Sriwijaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/scls.v1i2.2609

Abstract

Intermarriage is becoming more popular due to globalization's impact on increasing human interaction across national borders. As intermarriage becomes more prevalent, it gives rise to complex issues, with one notable concern being the legal entanglements arising from the ownership of assets or property by each partner during the marriage. This study focuses on the diverse issues associated with intermarriage in Indonesia, where legal consequences vary according to the nationality of each spouse. Notably, property ownership status, particularly concerning land and immovable assets, poses significant challenges due to the restrictions imposed on foreign citizens. In addressing these challenges, the article explores prenuptial agreements' potential role in navigating property ownership issues between spouses. The paper acknowledges the methodological and theoretical complexities inherent in establishing a clear link between intermarriage and prenuptial agreements, given the diverse ways these concepts are theorized and operationalized. Qualitative research methods and literature reviews are employed to gather insights, drawing on various research publications and news items that shed light on the legal implications of intermarriages involving individuals with different citizenships. The study's findings underscore the significance of prenuptial agreements in providing a legal framework for delineating the rights and obligations of spouses in matters of property ownership. By examining the property ownership status in intermarriages, this research contributes to a better understanding of the legal landscape surrounding such unions. The article concludes with a discussion of the implications of prenuptial agreements in shaping property ownership dynamics within the context of intermarriage.
INDONESIAN CRIMINAL POLICY AGAINST FRAUD IN THE BANKING FIELD Febriansyah, Artha; Saputra, Ishandi; Syafrianto, Arief
Sriwijaya Crimen and Legal Studies Volume 1 Issue 2 December 2023
Publisher : Faculty of Law Sriwijaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/scls.v1i2.2921

Abstract

Various fraud cases in the banking sector have recently tarnished the meaning of banking as a pillar of national economic development. Regulations regarding handling fraud have also been regulated in several regulations, such as the Criminal Code, the Banking Law, and other special regulations. So, an institution that is expected to restore stability to the national economy was formed, known as the Financial Services Authority. OJK and Bank Indonesia can coordinate and cooperate in joint supervision of financial services activities in the banking sector. This research looks at Indonesian criminal policies in enforcing and handling crimes in the banking sector, especially regarding fraud. By looking at the institutional relationship between Bank Indonesia and the Financial Services Authority, it is hoped that they can coordinate to reduce the number of frauds in Indonesia. The method used is documentary research, where researchers see and analyze problems using selected document data. From the results of this research, it was found that banking crimes committed by bank insiders (crimes against the bank) need special attention. "Insider" crimes are closely related to the domination of policy and administration by one or several people and weak supervision by internal and external supervisors (regulators). In addition, various applicable regulations often cause banks to take excessive risks, which causes a decrease in the level of internal supervision, so bank failures caused by fraud by insiders become higher. 
THE SIX ARROWS OF ATATÜRKISM, WITH SPECIAL REFERENCE TO THE EQUAL RIGHTS OF WOMEN Perger, Ádám
Sriwijaya Crimen and Legal Studies Volume 1 Issue 1 June 2023
Publisher : Faculty of Law Sriwijaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/scls.v1i1.2768

Abstract

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.
FACTORS AFFECTING THE CRIMINAL ACT OF COMMERCIAL SEXUAL EXPLOITATION OF CHILDREN (ESKA) IN THE COASTAL AREA OF BANDAR LAMPUNG CITY Ardiansyah, Joni; Rosidah, Nikmah; Achmad, Deni
Sriwijaya Crimen and Legal Studies Volume 2 Issue 1 June 2024
Publisher : Faculty of Law Sriwijaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/scls.v2i1.2641

Abstract

Commercial sexual exploitation of children (ESKA) is a fundamental violation of children's rights. The offense is in the form of sexual violence by an adult with remuneration to a child, a third person, or other persons. ESKA treats children treated as commercial sexual objects. The problem in this study is what are the factors that affect the crime of Commercial Sexual Exploitation of Children (ESKA) in the coastal area of Bandar Lampung? This study uses normative legal methods. The results obtained are the factors that influence the crime of Commercial Sexual Exploitation of Children (ESKA) in the coastal area of Bandar Lampung, which can be seen by the poor people so that people make this activity a job to meet their living needs. The suggestion in this study is that there must be good coordination between law enforcement officers and the government to prevent the occurrence of criminal acts of Commercial Sexual Exploitation of children from recurring, such as providing decent work and conducting educational activities to the public about criminal acts of Commercial Sexual Exploitation of children. The community must also be able to be open and cooperate with all relevant parties to prevent the re-occurrence of criminal acts of Commercial Sexual Exploitation of children.
IMPLEMENTATION OF PANCASILA VALUES IN ALTERNATIVE DISPUTE RESOLUTION IN THE FORM OF NEGOTIATIONS Rohaini, Rohaini; Putri, Ria Wierma; Andini, Pingkan Retno
Sriwijaya Crimen and Legal Studies Volume 2 Issue 1 June 2024
Publisher : Faculty of Law Sriwijaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/scls.v2i1.3749

Abstract

Courts that accommodate dispute resolution are still not optimal in implementing fair decisions for the parties. Not only has it not created justice, but it has not been able to resolve the dispute quickly. In the end, there was a backlog of cases, so the simple, fast, low-cost justice principle was difficult to realize. Alternative Dispute Resolution is one of the efforts that can be implemented to assist the court in reducing the number of cases piling up, one of which is in the form of negotiations as regulated in Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution. In principle, negotiations are concerned with implementing the Principle of Deliberation and Consensus as implied in the Preamble to the 1945 Constitution as stipulated in the Alternative Dispute Resolution Act. The problematic legal issues in its implementation are compiled in this article, analyzing the weaknesses of Negotiation as an Alternative for Resolving Business Law Disputes in Indonesia as well as the context for the Implementation of Pancasila Values. The type of research used is normative juridical with descriptive research type. The results that will be discussed explain the technical weaknesses of Alternative Dispute Resolution through Negotiations, which are generally linked to business law events in Indonesia in applying Pancasila values, especially the values of Humanity and Deliberation to Consensus. This writing concludes that Alternative Dispute Resolution must continue to be pursued in resolving disputes and in minimizing the weaknesses of the process, including opinions are submitted systematically, politely, and creatively, looking for common ground wisely, viewing the other party as family to create a family atmosphere, and accommodating Pancasila values as a guide to implementing written law.
INDONESIA'S DEFENSE OF SEBATIK ISLAND IN A BORDER DISPUTE BASED ON THE PRINCIPLE OF UTI POSSIDETIS Rahmadhani, Novia; Anh, Nguyen Thuy; Suryaningtias, Allysa Maharani; Azarya, Ryan Phillip; Utama, Meria; Nurliyantika, Rizka
Sriwijaya Crimen and Legal Studies Volume 2 Issue 1 June 2024
Publisher : Faculty of Law Sriwijaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/scls.v2i1.3566

Abstract

Indonesia is the largest archipelagic country on the Asian continent, with more than 17,000 islands. The government has yet to identify many small and outermost islands in detail. Identifying these outer islands further emphasizes the sovereignty of the Republic of Indonesia regarding the location of the country's borders. Border areas are an essential aspect because they are a marker of a country's jurisdiction. Border areas are an arena for interactions between global and local communities that occur every day. Indonesia has several disputes with neighboring countries about the outer islands directly adjacent to it. Sebatik Island is one of the disputed islands. Meanwhile, Indonesia obtained its territory according to colonial jurisdiction. Sebatik Island which was obtained based on the Uti Possidetis principle. The research method used is normative juridical, examining library materials through norms, rules, legal principles, and doctrine. Among them are the Technical Aspects of the United Nations Convention on the Law of the Sea (TALOS) and the United Nations Convention on the Law of the Sea (UNCLOS). This paper examines Indonesia's potential to defend Sebatik Island using the Uti Possidetis principle. This principle holds that the territories of former colonies should be recognized as independent states with the same borders they had before colonization. By invoking this principle, Indonesia sought to assert its rightful claim to Sebatik Island and protect its sovereignty. Many countries have recognized this legal precedent, and have been used to resolve other border disputes worldwide.
IMPLEMENTATION OF GOOD GOVERNANCE IN JOKO WIDODO'S GOVERNMENT IN PROVIDING PEOPLE'S WELFARE Rizqi, Retanisa; Rahmaningsih, Aziza Aziz
Sriwijaya Crimen and Legal Studies Volume 2 Issue 1 June 2024
Publisher : Faculty of Law Sriwijaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/scls.v2i1.3555

Abstract

The implementation of good governance in the second period of Joko Widodo and Ma'ruf Amin aims to improve public welfare. This research analyzes several policies issued by Jokowi so that they can prosper the Indonesian people. This type of research is literature research. Literature study techniques carry out data collection. The results of this study show that the successful implementation of good governance in the Joko Widodo and Ma'ruf Amin administrations in improving public welfare and overcoming the COVID-19 pandemic was carried out through several programs. Some of these successes include controlling the COVID-19 pandemic, maintaining stable economic growth in the era of the COVID-19 pandemic, equitable development throughout Indonesia, showing Indonesia's existence in the international world, and starting the construction of a new national capital. These programs are a paradigm of human development, and the Indonesia-centric program not only makes development in Indonesia for the sake of growth in infrastructure but also encourages changes in the economy, encouraging the country to rise and form. Many governments are democratic, clean, and participatory both domestically and abroad. Through these programs, Jokowi places human welfare as the backbone so as to be able to give meaning to economic sectors that can alleviate poverty, expand opportunities for economic activity, reduce neglect of public services, reduce inequalities and disparities, strengthen social restoration and mental revolution, and eliminate repressive tyranny.
ANALYSIS OF THE LEGAL AMBIGUITY OF JUDGES' ETHICS VIOLATIONS IN PERMANENT CRIMINAL VERDICT Amalia, Nazwa; Almi, Ara Annisa; Zaki, Aulia
Sriwijaya Crimen and Legal Studies Volume 2 Issue 1 June 2024
Publisher : Faculty of Law Sriwijaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/scls.v2i1.3629

Abstract

The judge's verdict in the judicial system in a legal country has an important meaning in realizing justice and public order. The judge, in carrying out his obligation to decide a criminal case, besides guided by Indonesian Code of Criminal Procedure (KUHAP) and the Indonesian Criminal Code (KUHP) rules, must also be guided by the Code of Ethics and Code of Conduct for Judges (KE and PPH). This article analyzes legal certainty regarding criminal verdicts from judges proven to have violated the code of ethics. This research method uses normative Judicial legal research. The research results show that in recent times, there has been a lot of public news regarding alleged KE and PPH violations. Some of this resulted in verdicts against several judges the Judicial Commission sanctioned. This report also found several reports of alleged violations of the Judge's Code of Ethics related to criminal cases. Apart from that, conditions were also found where the judge's code of ethics was questioned because the judge violated the judge's duties and authority, namely accepting, examining, and deciding criminal cases based on the principles of freedom, honesty, and impartiality in court. The suggestion put forward is the need for regulation in the Criminal Procedure Code regarding the issue of whether a criminal verdict is valid or not if a judge is proven to have violated the code of ethics.
LAW ENFORCEMENT AGAINST PERPETRATORS OF CRIMES AGAINST STREET CHILDREN COMMITTED BY THEIR BIOLOGICAL PARENTS Fajri, Erfan; Suatmiati, Sri; Hayatuddin, Khalisah
Sriwijaya Crimen and Legal Studies Volume 2 Issue 1 June 2024
Publisher : Faculty of Law Sriwijaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/scls.v2i1.3690

Abstract

Based on the cases in Palembang City, it can be said that law enforcement against perpetrators of crimes against street children committed by biological parents. The formulation of the problem in this study is 1) How is law enforcement against perpetrators of crimes against street children committed by biological parents in the Palembang City Police and 2) What are the factors that influence law enforcement against perpetrators of crimes against street children committed by biological parents in the Palembang City Police? The research method used is a type of empirical juridical research. The sources of data used in this study were primary and secondary data. Based on the results of the study show that law enforcement against the offenders of crimes against street children committed by biological parents in the Palembang City Police Resort, namely by penal measures through imprisonment as in Article 76I Jo Article 88 and Article 76C Jo Article 80 paragraph (1) of Law No. 35 of 2014 concerning amendments to Law no. 23 of 2002, concerning child protection or Article 44 Paragraph (1), Paragraph (4) of the Law of the Republic of Indonesia No. 23 of 2004. Factors that influence law enforcement against perpetrators of crimes against street children committed by biological parents, namely first, the factor of law enforcement officers. Lack of Investigators' Knowledge about Child Protection Law, Second, Community Factors. In cases of crime on the street, children tend to be closed, so it is difficult to socialize with the surrounding environment. Third, cultural factors that do not want to interfere in other people's personal affairs or other people's families or neighbors become a separate problem.

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