cover
Contact Name
Desia Rakhma Banjarani
Contact Email
desiabanjarani@fh.unsri.ac.id
Phone
+6282371087264
Journal Mail Official
scls@fh.unsri.ac.id
Editorial Address
Jl. Srijaya Negara, Bukit Besar, Kec. Ilir Barat I, Kota Palembang, Sumatera Selatan, Indonesia.
Location
Kab. ogan ilir,
Sumatera selatan
INDONESIA
SCLS
Published by Universitas Sriwijaya
ISSN : 29866367     EISSN : 29877350     DOI : https://doi.org/10.28946/scls
Core Subject : Social,
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
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.
DEEPFAKE IN ONLINE FRAUD CASES: THE HAZE OF ARTIFICIAL INTELLIGENCE'S ACCOUNTABILITY BASED ON THE INTERNATIONAL LAW Davey, Orima Melati; Sauerwein, Levin
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.v1i2.2654

Abstract

Artificial Intelligence (AI) is the science and engineering of intelligent machines, primarily through computer programs. AI consists of processes by human intelligence simulated through machine processes and is concerned with designing, developing, and implementing computer systems. One of them is Deepfake. Deepfake is a technology that uses data as an image/photo of a person’s face, which is part of personal data and potentially misused to commit crimes such as online loan fraud. The research discusses (1) the Benefits and Disadvantages of Artificial Intelligence in Human Lives, (2) the concept of accountability for deepfake artificial intelligence in online loan fraud according to international law and its application in Indonesia, and (3) the analysis of regulations and accountability of deepfake according to chaos theory. The research uses a legal-normative approach. Moreover, the research will examine legal principles, systematics, and comparative law in its application. The research illustrates that deepfake accountability as artificial intelligence in online loan fraud according to international law is described in the General Recommendation on the Ethics of Artificial Intelligence by The United Nations Educational, Scientific, and Cultural Organization (UNESCO). Meanwhile, the concept of accountability in Indonesia is seen in Human Rights and Data Privacy Violations. According to chaos theory, the analysis of Deepfake’s regulatory and accountability concept in international and national law leads to inconsistencies because it is only a recommendation, yet to be integrated, and still multidimensional.
THE SIX ARROWS OF ATATÜRKISM, WITH SPECIAL REFERENCE TO THE EQUAL RIGHTS OF WOMEN Perger, Adam
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.
THE PROGRESS OF ISLAMIC CRIMINAL LAW IN INDONESIA: AN ANALYSIS OF THE DYNAMIC AND THE URGENCY OF ITS IMPLEMENTATION Vianne, Virginia Harizta
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.v1i1.2905

Abstract

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.
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.

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