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Desia Rakhma Banjarani
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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 54 Documents
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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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