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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 40 Documents
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SECURING THE FUTURE: INDONESIA PERSONAL DATA PROTECTION LAW AND IT’ S IMPLICATION FOR INTERNET OF THINGS (IOT) DATA PRIVACY Fauzie, Muhamad Alfat
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.v2i1.3743

Abstract

This paper examines Indonesia's Personal Data Protection Law (PDP Law) in the rapidly expanding Internet of Things (IoT) context. It explores the effectiveness of the PDP Law in safeguarding personal data amidst increasing IoT integration in various sectors, notably smart homes and wearable technology. Inspired by the EU's General Data Protection Regulation (GDPR), the PDP Law addresses data protection with specific regard to the unique challenges posed by IoT, such as extensive data collection and heightened vulnerability to breaches. Through a comparative analysis with GDPR, the paper highlights strengths and potential areas for improvement within the Indonesian framework, suggesting enhancements like incorporating privacy by design, establishing a robust data protection authority, and creating detailed guidelines for IoT data handling. The goal is to enhance the PDP Law's capability to manage privacy risks in an interconnected digital era, ensuring adequate data protection and compliance with global standards.
JURISDICTIONAL CYBERCRIME CRIMINALIZATION POLICY IN THE USE OF INFORMATION TECHNOLOGY Aprita, Serlika; Hanif, Wangmayum
Sriwijaya Crimen and Legal Studies Volume 2 Issue 2 December 2024
Publisher : Faculty of Law Sriwijaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/scls.v2i2.3651

Abstract

The victim and the offender are frequently in separate nations, a crime known as cybercrime transcends all borders and periods. Cybercrime can be committed using the computer itself as the method of committing the crime and the computer network system as the target. Laws governing information technology must take into account its rapid growth. Information and communication technology laws must anticipate and lessen these negative consequences. For information, media, and communication technology to progress as much as possible, legal products about cyberspace, or mayantara, must offer security and legal certainty. In response to the increasing number of cybercrimes, the government adopted a policy on April 21, 2008, with the adoption of Law No. 11 of 2008 regarding Information and Electronic Transactions (UU ITE). The ITE Law is Indonesia's first legislation focusing on online regulation. Based on the research findings, it can be concluded that Indonesian law enforcement has been unable to combat cybercrime to the best of its abilities. Indonesian law enforcement is facing difficulties due to the growth in cybercrime. The reasons for this are a lack of public legal awareness in efforts to combat information technology crimes, limited facilities and infrastructure, and the fact that there are still relatively few law enforcement officials who are familiar with the ins and outs of information technology (internet).
IDENTIFYING THE CRIME OF INSIDER TRADING FERIENJOB IN GERMANY AND LEGAL PROTECTION FOR INDONESIAN STUDENTS Anjani, Alia Savitri; Jannah, Putri Wardatul; Kusumaningtyas, Yara; Rahayu, Winda; Albariansnyah, Hamonangan
Sriwijaya Crimen and Legal Studies Volume 2 Issue 2 December 2024
Publisher : Faculty of Law Sriwijaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/scls.v2i2.4206

Abstract

The phenomenon of ferienjob (seasonal work) in Germany is increasingly attractive to international students, including those from Indonesia, as it offers income opportunities and work experience abroad. However, behind the legality and attractiveness of this work, some loopholes can be used for exploitation, which in some instances can lead to the crime of trafficking in persons. This study aims to identify modes of exploitation in the context of ferienjob and evaluate the level of legal protection available to Indonesian students, both from German and Indonesian law perspectives. The study reveals the existence of covert forced labor practices, violations of labor rights, and a lack of supervision of employment agencies facilitating Indonesian students. In addition, the different legal regimes in the two countries often cause uncertainty regarding legal protection, mainly when violations occur outside the home country's jurisdiction. The results show that despite applicable legal instruments, the implementation of protection for Indonesian students working in Germany still needs to be improved.
ANALYSIS OF CORRUPTION ERADICATION COUNTERMEASURES AGAINST FLEEING CORRUPTORS UNDER INTERNATIONAL LAW (CASE STUDY OF EXTRADITION TREATY BETWEEN INDONESIA AND SINGAPORE) Ramadhan, Athallah Ariq; Alim, Fikri Nur; Jaelani, Achmad; Fasyehhudin, Mohamad; Irawan, Benny; Zakiran, Asep Hakim
Sriwijaya Crimen and Legal Studies Volume 2 Issue 2 December 2024
Publisher : Faculty of Law Sriwijaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/scls.v2i2.4044

Abstract

Extradition treaties are agreements between countries worldwide that involve the extradition of suspects or perpetrators of crimes, including economic crimes. Extradition treaties are between two countries to prevent transnational or cross-border crimes where the perpetrators flee to another country because they do not want to take responsibility for what they did. Extradition treaties have binding legal force following international law because they are international treaties. The extradition treaty made by Indonesia and Singapore is evidence of their positive cooperation in protecting law enforcement. Over the past few years, suspected Indonesian economic criminals have fled to Singapore with large amounts of money and capital. While Indonesian law cannot be applied to Singaporean territory, in the event of an extradition treaty between Indonesia and Singapore, it would have significant consequences. Suspected economic criminals can be brought back to Indonesia to be sentenced per applicable laws, while Singapore cannot. So this research aims to analyze the Extradition Treaty between Indonesia and Singapore According to International Law (Case Study of Tackling Corruption). 
JURIDICAL ANALYSIS OF E-CONSENT SERVICES BASED ON LAW NUMBER 17 OF 2023 ON HEALTH AT ZAINAL ABIDIN HOSPITAL, PAGAR ALAM, WAY KANAN Mahaputra, Muhd. Hamka; Septiana, Dewi; Kh K, A Rahman; Atasever, Yaşar Nuri
Sriwijaya Crimen and Legal Studies Volume 2 Issue 2 December 2024
Publisher : Faculty of Law Sriwijaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/scls.v2i2.4476

Abstract

The“development of information technology in the health sector has significantly changed how health services are delivered and regulated. One important change is the shift from conventional informed consent (oral or written) to e-consent or electronic technology-based consent. According to Article 335 of Law No. 17 Year 2023 on Health. Informed consent is a key element in ethical and legal medical practice. The main principle is the individual must give that consent. Based on Article 2 paragraph (1) Permenkes RI Number 290 /Menkes / Per / III / 2008 concerning Medical Action Consent states that “All actions that will be carried out on patients must obtain consent”, therefore the article aims to analyze the rules for implementing e-consent and the obstacles to the application of e-consent in health services, especially at the Hospital Rsud Zainal Abidin Pagar Alam Way Kanan. This research method uses normative Judicial legal research. The results showed that the rules for e-consent have been regulated in Indonesian legislation, but the use of e-consent has weaknesses, such as patients, doctors, and other medical personnel not being accustomed to changes from conventional to digitalization. In addition, inadequate equipment from the Hospital is also an obstacle to implementing this E-consent service.”The proposed suggestion is the need for improvement and training regarding the rules and work practice training related to e-consent between doctors, medical personnel, and patients at Zainal Pagar Alam Way Kanan Hospital.
NUCLEAR THREAT IN INDONESIA’S SOVEREIGN RIGHTS IMPACTED BY THE AUKUS AGREEMENT Fikri, Ahmad; Maaggazing, Fernand Faktur Daeng; Danial, Danial; Rohani, Aceng Asnawi; Aslamiyah, Mujadiddah; Mohas, Muhyi
Sriwijaya Crimen and Legal Studies Volume 2 Issue 2 December 2024
Publisher : Faculty of Law Sriwijaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/scls.v2i2.4045

Abstract

The AUKUS agreement, a trilateral pact between Australia, the United Kingdom, and the United States, has increased tensions between Indonesia and Australia. The deal focuses on enhancing defense capabilities, particularly by developing nuclear-powered submarines. This has broader geopolitical implications for the Asia-Pacific region and affects bilateral relations between Indonesia and Australia. The two countries have historically shared strong economic ties and cooperation in various sectors but have also faced disagreements, particularly regarding issues like West Papua and regional security alignments. Indonesia views Australia's participation in AUKUS as potentially increasing foreign military presence in the region, raising concerns about sovereignty and maritime security. The focus on nuclear submarines also raises legal and environmental considerations under international maritime law, particularly concerning exclusive economic zones (EEZs) and resource sovereignty. With the world's largest maritime territory, Indonesia emphasizes adherence to UNCLOS and calls for dialogue to manage these tensions peacefully. Some perceive the AUKUS alliance as a response to balance China's growing power, but this polarizes regional perspectives, with Southeast Asian nations expressing mixed reactions ranging from support to apprehension. The alliance's implications extend beyond military capability enhancement to include technological cooperation and regional stability efforts. In conclusion, AUKUS aims to bolster security and technological advancement in the Indo-Pacific. Still, its implementation requires careful navigation of legal, environmental, and geopolitical complexities to mitigate potential regional tensions and uphold international norms.
THE IMPACT OF VILLAGE HEAD TERM EXTENSION ON VILLAGE PROGRESS: A VIEW FROM MASS MEDIA AND A VILLAGE IN SLEMAN, YOGYAKARTA Cahyati, Devy Dhian; Saniya Dafin, Rahma Kintara; Nafila Rahman, Jasmine Hasna; Putra, Rafi Manggala; Aqil Ersan, Muhammad
Sriwijaya Crimen and Legal Studies Volume 2 Issue 2 December 2024
Publisher : Faculty of Law Sriwijaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/scls.v2i2.4063

Abstract

The discourse on extending the village head’s term of office has triggered debates, especially following the revision of the Village Law in 2023, which now allows a 9-year term for two periods. However, according to constitutional norms, Indonesia is a State of Law (Rechtsstaat), which means limiting power by the law. This study aims to map the discourse surrounding this extension in online media and analyze the perceptions of Girikerto Village residents on the relationship between the extension and village progress, viewed through the lens of good governance. The research employs big data discourse network analysis and case studies to track dominant arguments and actors involved. The study reveals that political elites dominate the pro-extension discourse, arguing it stabilizes village politics, while community opposition highlights the risk of corruption and governance inefficiencies. Drawing on Bachrach and Baratz's elite theory, this research examines how elite groups influence decision-making processes. Additionally, it explores local perceptions, showing that residents reject the extension due to concerns over inclusiveness, fairness, and the effectiveness of governance. This study contributes to the debate by offering a nuanced analysis of village head term extensions' legal and governance implications.
CRIMINOLOGICAL ANALYSIS OF CYBERBULLYING CRIMES OCCURRING ON SOCIAL MEDIA (STUDY OF COMMENTS ON THE TIKTOK ACCOUNT ELYNAWA21) Harefa, Safaruddin; Ismawati, Sri; Hertini, Mega Fitri
Sriwijaya Crimen and Legal Studies Volume 2 Issue 2 December 2024
Publisher : Faculty of Law Sriwijaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/scls.v2i2.4118

Abstract

This research aims to examine the phenomenon of crime in the social media landscape, particularly cyberbullying, which has become increasingly prevalent. The primary focus is on how the development of information and communication technology has facilitated bullying on social media platforms. Utilizing the social control theory by Travis Hirschi and Michael Gottfredson, this study emphasizes that individuals with weak attachments to social institutions, such as family, school, or community, are more susceptible to engaging in criminal behavior, including cyberbullying. This study analyzes comments targeting the physical appearance of individuals, where the lack of social supervision and weak self-control are identified as key factors contributing to cyberbullying behavior. Additionally, a low awareness of legal frameworks, such as the ITE Law governing online harassment, further intensifies this issue. The novelty of this research lies in applying social control theory within the context of cyberbullying on social media, highlighting the importance of strengthening social bonds and implementing social control mechanisms as preventive strategies. The study also provides valuable insights into the need for more effective law enforcement and educational efforts to mitigate and address the rising cases of cyberbullying in the digital age.
THE IMPACT OF VILLAGE HEAD TERM EXTENSION ON VILLAGE PROGRESS: A VIEW FROM MASS MEDIA AND A VILLAGE IN SLEMAN, YOGYAKARTA Saniya Dafin, Rahma Kintara; Nafila Rahman, Jasmine Hasna; Putra, Rafi Manggala; Aqil Ersan, Muhammad; Cahyati, Devy Dhian
Sriwijaya Crimen and Legal Studies Volume 2 Issue 2 December 2024
Publisher : Faculty of Law Sriwijaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/scls.v2i2.4063

Abstract

The discourse on extending the village head’s term of office has triggered debates, especially following the revision of the Village Law in 2023, which now allows a 9-year term for two periods. However, according to constitutional norms, Indonesia is a State of Law (Rechtsstaat), which means limiting power by the law. This study aims to map the discourse surrounding this extension in online media and analyze the perceptions of Girikerto Village residents on the relationship between the extension and village progress, viewed through the lens of good governance. The research employs big data discourse network analysis and case studies to track dominant arguments and actors involved. The study reveals that political elites dominate the pro-extension discourse, arguing it stabilizes village politics, while community opposition highlights the risk of corruption and governance inefficiencies. Drawing on Bachrach and Baratz's elite theory, this research examines how elite groups influence decision-making processes. Additionally, it explores local perceptions, showing that residents reject the extension due to concerns over inclusiveness, fairness, and the effectiveness of governance. This study contributes to the debate by offering a nuanced analysis of village head term extensions' legal and governance implications.
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.

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