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INDONESIA
International Journal of Law, Crime and Justice
Published by Asosiasi Peneliti Dan Pengajar Ilmu Hukum Indonesia
ISSN : 30471370     EISSN : 30471362     DOI : 10.62951
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
law and social politics, both theoretical and empirical. The focus of this journal is on studies of civil law, criminal law, constitutional law, international law, procedural law and customary law, politics and social sciences
Arjuna Subject : Ilmu Sosial - Hukum
Articles 160 Documents
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Digital Diplomacy Regulations And Policies: The Middle Power Country's Approach As Indonesia's Multilateral Strategy Evi Dwi Hastri; Imam Hidayat; Imam Rofiqi
International Journal of Law, Crime and Justice Vol. 1 No. 1 (2024): March : International Journal of Law, Crime and Justice
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijlcj.v1i3.119

Abstract

Countries in the Indo-Pacific region are increasingly actively using digital diplomacy to build relationships Countries use digital diplomacy by referring to foreign regulations and policies used for countries in conducting multilateral diplomacy, namely the 1964 Vienna Convention on Diplomatic Relations. Apart from the main guidelines that have arisen, the main problem arises, namely in the practice of international relations, is the lack of regulations and arrangements for digital diplomacy practices for middle power countries such as Indonesia who want to strengthen their role in supporting their country's defense and security. By using the type of normative legal research and the analysis approach, this study produces findings that the need for regulations and arrangements for digital diplomacy that can support Indonesia's role in strengthening the country's defense and security
Criminal Sanctions Fine For Corporations as Performers of Criminal Acts of Corruption From the Perspective of the Theory of Dignified Justice Ismaidar Ismaidar; T. Riza Zarzani; Ongku Sapna Fella Hasibuan
International Journal of Law, Crime and Justice Vol. 1 No. 3 (2024): September : International Journal of Law, Crime and Justice
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijlcj.v1i3.121

Abstract

Korganization in nation building is very significant. Corporations can be said to be pillars of the nation's economy. Corporations are very influential not only on economic aspects, but also social, political and other aspects. As time goes by, crimes committed by corporations arise. The Criminal Code which does not recognize corporations as legal subjects opens up opportunities for individuals to take advantage of this legal loophole. The regulations governing corporate responsibility currently in effect are considered less effective and efficient. Provisions that clearly regulate "corporate criminal liability" are still at the Draft Criminal Code stage. Based on the research results, it was found that the corporate responsibility system has several doctrines or theories in determining responsibility. These theories include "identification doctrine, aggregation doctrine, reactive corporate fault, strict liability and vicarious liability." This research aims to increase knowledge regarding criminal responsibility by corporations. This research supports the immediate ratification of the Draft Criminal Code as an answer to legal problems regarding criminal acts committed by corporations. The method used in this research is normative juridical, with data collection techniques namely literature study. The data obtained in this research comes from writings or scientific works in the form of books, journals, dissertations and other literature.
Corporate Criminal Liability for the Crime of Forgery of Export Documents According to Law of the Republic of Indonesia Number 17 of 2006 concerning Customs T. Riza Zarzani; Ismaidar Ismaidar; Sukardi Sukardi
International Journal of Law, Crime and Justice Vol. 1 No. 3 (2024): September : International Journal of Law, Crime and Justice
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijlcj.v1i3.122

Abstract

Customs is everything related to the supervision of the traffic of goods entering or leaving the customs area as well as the collection of import and export duties. Based on this definition of customs, the Directorate General of Customs and Excise (DJBC) has a very strategic role in both supervision and service. Economic life between one country and another is increasingly interdependent so that legal provisions in the field of international trade and transnational business are increasingly necessary. As time goes by, the presence of corporations in the economy is like a double-edged sword. On the one hand, it can provide benefits for economic growth through state income in the form of taxes thereby increasing the country's foreign exchange and on the other hand, it can threaten state income because corporations often commit crimes to gain as much profit as possible by falsifying goods export documents. The 1945 Constitution of the Republic of Indonesia Article 1 paragraph 3 states that Indonesia is a legal state. In accordance with the concept of a rule of law, everything related to processes carrying out aspects of government power is based on law, including the law enforcement process in cases in the customs sector, especially in the export sector. This research uses normative legal research methods. Normative research is research carried out by examining library materials using data sourced from secondary data, namely primary legal materials, secondary legal materials and tertiary legal materials. Data collection in this research was carried out by document study and literature study. Then it is described qualitatively to make it easier to draw conclusions from the data. The aim of this research is to determine the factors that cause corporations to commit criminal acts of falsifying export documents and to find out what corporate criminal liability is for criminal acts of falsifying export documents according to Law of the Republic of Indonesia Number 17 of 2006 concerning Customs.
Efforts To Counter Terrorism Crimes In Indonesia Yolla Veronica Sembiring; Yasmirah Mandasari Saragih; Muhammad Azhali Siregar; Muhammad Mujahidin ZA; Wildan Fahriza
International Journal of Law, Crime and Justice Vol. 1 No. 3 (2024): September : International Journal of Law, Crime and Justice
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijlcj.v1i3.123

Abstract

Indonesia needs to get rid of terrorism once and for all. This journal aims to describe and analyze using the approach of various efforts to counter terrorism crimes in Indonesia. The research method used in this study uses a descriptive qualitative approach to present an overview of terrorism and several strategies to combat this crime in Indonesia. The formulation of the problem based on the description of the background above is as follows: what are the factors of terrorism crimes in Indonesia and how to overcome terrorism crimes in Indonesia. Terrorism is a disturbing phenomenon. Efforts to counter terrorism crimes carried out by the Government are implemented through repressive efforts. There are five factors that cause terrorism crimes in Indonesia, namely: tribalism, nationalism/separatism, poverty and inequality and globalization, non-democracy, violations of human dignity and religious radicalism.
Prevention And Law Enforcement Efforts Against The Crime Of Gold Mining Without A Permit (PETI) In The Jurisdiction Of The Merangin Resort Police Yasmirah Mandasari Saragih; Sumarno Sumarno; Daniel Situmorang; Starting Sihombing; Muhammad Faiz Hadi
International Journal of Law, Crime and Justice Vol. 1 No. 3 (2024): September : International Journal of Law, Crime and Justice
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijlcj.v1i3.126

Abstract

Illegal mining in Indonesia isn't it things we just heard, In fact, illegal mining has become widespread in almost every region potentially rich in minerals. Illegal mining is the most common found is mining gold. Mining gold illegal or often in short for PETI (Unlicensed Gold Mining) is a mine amount pollution material the mine most tall. In Indonesia, gold mining without a permit is considered an unlawful activity, especially because miners do not have a mining business permit as a business entity. They do not pay taxes and royalties which are sources of state income from mining activities. Their activities also often cause social unrest and environmental damage. One that has gold mines is Jambi Province, precisely in the Merangin Regency area. Gold mines in this district are not only found on land but also in river basins (DAS). Merangin Police have carried out many prevention and law enforcement efforts to deal with mining activities without permits.
Application Of Additional Criminal Sanctions In The Form Of Restitution In Corruption Offences In Indonesia Renghat Sinaga; H Abdul Razak Nasution
International Journal of Law, Crime and Justice Vol. 1 No. 3 (2024): September : International Journal of Law, Crime and Justice
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijlcj.v1i3.130

Abstract

One way to restore the lost state corruption is to impose additional punishment in the form of restitution payments. This effort provides results in the form of income to the state treasury from the payment of restitution. Of the several convicts who have been deposited the amount of restitution payments. Restitution as an additional punishment in corruption cases must be understood as part of the efforts to punish those who violate the law that is violated is a further act of corruption. Corruption has resulted in poverty so that the perpetrators of corruption must be sentenced to payment of restitution due to corruption that has occurred so far, in addition to harming state finances and the state economy, it also hampers the continuity of national development.The type of research conducted in the preparation of this research is normative juridical, which is viewed from the object of research is positive law that examines the rules of law governing criminal acts of corruption in an effort to prevent the prevention of criminal acts of corruption. The data obtained in this research will be analysed qualitatively in accordance with the specification of the nature of the research to examine between theory and practice in the form of criminal acts of corruption in an effort to prevent the prevention of criminal acts of corruption. Qualitative data analysis is to explore social facts not only on the surface but also to explore what actually happens behind the real events. Corruption that results in state financial losses in the concept of eradicating corruption is all expenditures or uses that are a burden on state finances where the expenditure or use of state money is based on unlawful acts, including reduced income or income to state finances based on unlawful acts, unlawful acts that result in state financial losses must be caused by acts that contain the nature of criminal law (wederrechtelijk). The imposition of restitution payments in the eradication of corruption as stipulated in Article 18 of the Law on the Eradication of Corruption is a means that can be applied to realise recovery efforts or recovery of state finances caused by corruption, restitution payments are imposed on the perpetrators of corruption in the amount of property obtained from corruption and the amount of property that has been transferred by the perpetrator to other parties where the other party is not prosecuted and does not commit acts against criminal law (wederrechtelijk).
Recognition of Electronic Signatures in Proving Civil Procedure Law in Indonesia Syaiful Bahri; Moh. Zeinudin; Miftahul Munir
International Journal of Law, Crime and Justice Vol. 1 No. 3 (2024): September : International Journal of Law, Crime and Justice
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijlcj.v1i3.131

Abstract

This research is normative legal research that uses a normative judicial approach. The research results show that: (1) There are differences of opinion between judges, e-commers and notaries. regarding the strength of proof of a signature on an electronic document in proving civil procedural law in Indonesia. Judges and e-commers are of the opinion that electronic documents that have been signed with an electronic signature have the same evidentiary power as authentic deeds made by authorized officials, after the issuance of Law Number 11 of 2008 concerning Electronic Information and Transactions. Meanwhile, the notary is of the opinion that an electronic document signed with an electronic signature only has the power of proof under the hand, because it does not meet the requirements as an authentic deed, that is, it does not appear before an authorized official; and (2) Settlement of disputes resulting from non-fulfillment of the agreement can be resolved using a court or an institution outside the court, but e-comers generally use institutions outside the court because it is considered easier and faster to resolve and the costs are cheaper.The use of an electronic signature on an electronic document can guarantee the security of an electronic information message, which uses a public network, because electronic signatures are created based on asymmetric cryptography technology. From this research, there are differences of opinion regarding the evidentiary power of electronic documents signed with electronic signatures that are used as evidence in trials. The use of an electronic signature on an electronic document can guarantee the security of an electronic information message, which uses a public network, because electronic signatures are created based on asymmetric cryptography technology. From this research, there are differences of opinion regarding the evidentiary power of electronic documents signed with electronic signatures that are used as evidence in trials. Furthermore, electronic signatures need to be certified so that they have evidentiary power such as authentic deeds and there is no need to carry out digital forensic tests in the evidentiary process at trial.
Implementation of Deradicalization of Terrorism Convicts in Indonesia Muhammad Safar; Yasmirah Mandasari Saragih; Muhammad Azhali Siregar; Sukardi Sukardi
International Journal of Law, Crime and Justice Vol. 1 No. 3 (2024): September : International Journal of Law, Crime and Justice
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijlcj.v1i3.132

Abstract

The widespread movement of terrorism throughout the world is clear evidence that terrorist organizations are always developing and adapting to phenomena that occur globally. deradicalization is needed to neutralize the threat of terrorism from individuals who are motivated by religious ideology. In this writing, we will focus on the deradicalization of terrorism convicts in Indonesia. Radicalism is political ideas that are rooted and based on doctrines developed in opposition to the status quo . The deradicalization program in Indonesia consists of various approaches aimed at terrorism convicts. Terrorist groups continue to spread their radical beliefs through various means. Deradicalization as a form of special guidance for terrorism convicts is in accordance with the aim of the correctional system to return inmates to become good citizens so that they can be accepted back into society.
Legal Protection of Pilgrims on Health Istithaah Standards in Indonesia Arsita Rasmi; Mohammad Jamin
International Journal of Law, Crime and Justice Vol. 1 No. 2 (2024): June : International Journal of Law, Crime and Justice
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijlcj.v1i3.133

Abstract

Hajj pilgrims are obliged to carry out their worship in accordance with the provisions of Islamic law, for this reason it is necessary to carry out health checks and health guidance for Hajj pilgrims in the concept of regulating Hajj health istithaah, namely Minister of Health Regulation Number 15 of 2016. Learn from the implementation of the Hajj in 2023 where the death rate for Hajj pilgrims is high , the government is drafting new regulations strengthening standards for determining Hajj health istithaah. This research is normative legal research and is descriptive analytical in nature. The results of the research show that this new regulation does not fulfill the aspect of legal protection for Hajj pilgrims because some of the Hajj pilgrims who are determined to not meet the Hajj health istithaah requirements while not having enough time to improve their health conditions in order to achieve istithaah. Specific and intensive health guidance is needed to prepare the Hajj pilgrims' health istithaah.
England is the Largest Center for Online Gambling Activity in the World, Versus Indonesia is Exposed to Online Gambling Emergency Stage Five Junaedi Junaedi
International Journal of Law, Crime and Justice Vol. 1 No. 3 (2024): September : International Journal of Law, Crime and Justice
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijlcj.v1i3.134

Abstract

Gambling is not only prohibited by Islamic law but gambling is also prohibited by law. Online gambling in Indonesia has a widespread, deep and pervasive impact, like an octopus. The dangers of gambling grip various aspects of individual and societal life, creating complex and layered problems. From financial and mental health losses to family breakdown and increased crime.Online gambling is the act of gambling carried out online via a website or application that provides gambling content. Please note that online gambling is an act that is prohibited based on the provisions in Article 27 paragraph (2) of the ITE Law, namely that every person intentionally and without right distributes and/or transmits and/or makes accessible electronic information and/or electronic documents containing content. Gambling.The largest online gambling market in the world with gross online gambling revenue globally is estimated to reach US$102 billion or the equivalent of IDR 1,563.35 trillion in 2021 (exchange rate IDR 15,327/US$).The UK is recorded as the largest online gambling market in the world with revenues of US$12.48 billion, the United States (US) with revenues of US$10.96 billion, and Australia US$6.55 billion. Meanwhile, the largest online gambling players in Indonesia are in the West Java region, estimated at 535,644 people, with transactions of IDR 3.8 trillion, DKI Jakarta, with 238,568 players with transactions of IDR 2.3 trillion, Central Java has 201,963 players with transactions of IDR 1.3 trillion. Trillion, Banten 150,302 players with transactions of IDR 1.02 trillion, and East Java 135,227 players with transactions of IDR 1.05 trillion.The dangers of Gambling in terms of increased crime, many individuals are trapped in huge debts due to gambling which triggers and spurs them to turn to criminal acts such as theft, fraud, and even violence to earn money, creating an unsafe social environment.

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