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Indonesian Journal of Criminal Law Studies
Published by Universitas Negeri Semarang
ISSN : -     EISSN : 25481576     DOI : https://doi.org/10.15294/ijcls
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
The Indonesian Journal of Criminal Law Studies (IJCLS) is a peer-reviewed scientific journal that primarily focuses on comparative criminal law. The journal serves as a platform for scholarly discourse and critical analysis of criminal law systems across different jurisdictions.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 146 Documents
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Recovering Justice Amid Restorative Approach: Finding the Silver Lining in Asset Recovery on Corruption Crimes Ahmad Fauzi; Ariesta Wibisono Anditya; Mohamad Noor Fajar Al Arif Fitriana
Indonesian Journal of Criminal Law Studies Vol. 10 No. 1 (2025): Indonesia J. Crim. L. Studies (May, 2025)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v10i1.5626

Abstract

The criminal justice system is a judicial system that involves the police, prosecutors, courts, and correctional institutions as its sub-systems. This system adopts the interests of rights and remedies for criminals; the sharp criticism is that the criminal justice system ignores the rights and interests of victims, even though the victims suffer direct harm from a crime. The study aims to present how the restorative approach is applied to corruption crimes and how asset recovery mechanisms can contribute to the restoration of justice. The study applied legal research with a normative juridical approach. The primary and secondary data were analyzed using quantitative analysis. Acknowledged as an approach within criminology and criminal law, restorative justice facilitates communication among offenders, victims, and communities to address victims' concerns, bolster societal security, and deter the repetition of crimes. In instances of corruption, restorative justice employs asset recovery mechanisms, allowing victims to recover state financial losses and empowering communities with rights to justice.
Taking Restitution Seriously? Victim-Oriented Gaps in the Criminal Justice System Indra Ardiansyah; Anis Widyawati; Indah Sri Utari; Moh. Fadhil
Indonesian Journal of Criminal Law Studies Vol. 10 No. 1 (2025): Indonesia J. Crim. L. Studies (May, 2025)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v10i1.19636

Abstract

In cases of sexual violence, child victims have the right to seek restitution in alignment with their best interests. Although this right is enshrined in various regulations, in practice, victims face significant challenges in accessing it. For example, at the Kaimana District Court, out of 61 cases, only 1 case successfully accessed restitution. A critical examination of the obstacles faced by law enforcement officials in institutionalizing victim restitution is essential to bridging the gap between victims and the criminal justice system. This article explores the findings related to the failure of law enforcement officials to provide access to justice for victims of sexual violence at the Kaimana District Court. The research employs a qualitative approach, utilizing data collected through field research techniques such as in-depth interviews with judges, documentation review, and a literature study. Secondary legal materials are also analyzed to provide context to the findings. The study reveals that the failure to implement restitution at the Kaimana District Court stems from the prevailing paradigm within the criminal justice system, which prioritizes the retribution of the accused over the needs and rights of the victim. Another institutional challenge is the inaccessibility of the LPSK which is difficult for victims to reach. To address these issues, it is crucial to enhance the role of professional social workers in regional offices, who act as subordinates of the LPSK. Furthermore, the proactive involvement of judges in court is necessary to ensure the effective application of Regulation of the Supreme Court on Restitution.
Criminal Penalties in Cyberspace: Between the Development of Digital Democracy and Authoritarianism Emi Puasa Handayani; Zainal Arifin; Zico Junius Fernando
Indonesian Journal of Criminal Law Studies Vol. 10 No. 1 (2025): Indonesia J. Crim. L. Studies (May, 2025)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v10i1.19652

Abstract

This study examines the implementation of Articles 27, 28, and 45 of the Information and Electronic Transactions Law (UU ITE) in the context of freedom of expression and digital democracy in Indonesia, both before and after the 2016 and 2024 amendments. Utilizing a normative approach that integrates conceptual, comparative, and futuristic methods, the research aims to analyze how these regulatory changes affect political participation in cyberspace and foster a climate of surveillance that may hinder digital democracy. This study also employs positivist legal theory, justice theory, and human rights principles to understand the socio-political and legal implications of these provisions. The findings reveal that Article 27 on defamation, Article 28 on the dissemination of false information and hate speech, and Article 45 on criminal sanctions significantly impact freedom of expression. The implementation of these provisions is often ambiguous and subjective, leading to potential misuse for suppressing criticism of the government and public officials. Although the 2024 amendments introduced changes, such as the removal of Article 27 paragraph (3) and the addition of Articles 27A and 27B, challenges persist due to vague legal language and severe penalties. This ambiguity creates a "chilling effect," deterring individuals from expressing criticism or engaging in open political discourse in the digital sphere. Furthermore, the study explores the implications of these regulations for the future of digital democracy in Indonesia, particularly in the context of information control. The findings highlight that the UU ITE facilitates non-transparent surveillance, which restricts freedom of expression and political participation. To foster a healthier digital ecosystem, the study recommends more inclusive reforms of the UU ITE, involving various stakeholders, enhancing digital literacy, and promoting collaboration between the government, digital platforms, and society. This research contributes novel insights into the interaction between cyber regulations, freedom of expression, and digital democracy in Indonesia by offering policy perspectives that support fairer and more democratic cyber governance.
Penal Policy Analysis of The Formulation of Customary Law in The 2023 KUHP Umi Rozah; Aldi Yudistira
Indonesian Journal of Criminal Law Studies Vol. 10 No. 1 (2025): Indonesia J. Crim. L. Studies (May, 2025)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v10i1.19939

Abstract

An interesting issue in the 2023 Criminal Code is the accommodation of living law with a meaning limited to Customary Law as formulated in Article 2, Paragraphs (1), (2), and (3). This research aims to analyze it from the perspective of penal policies regarding the formulation of Living Law only as Customary Law in Article 2, Paragraphs (1), (2), and (3) of the 2023 Criminal Code. This research uses a normative or doctrinal juridical approach, with data sources from library materials in the form of statutory regulations and literature related to research.   This research raises problems: 1). How does analysis of the penal policy of the formulation of living law in Article 2 Paragraph (1) of the 2023 Criminal Code (KUHP)? 2). What is a reformulation of Article 2 Paragraph (1), Paragraph (2), and Paragraph (3) of the 2023 KUHP from a penal policy perspective?  The results of the research are as follows: There is invalidity in the formulation of the meaning of living law as only Customary Law as the living law is wider than Customary Law. It covers all customs in society, such as business affairs and religious life. Analysis from a penal policy perspective can’t be adjusted if the meaning of living law is only determined by Customary Law. There are many fallacies in the formulation of Article 2, Paragraphs (1), (2), and (3) of the 2023 KUHP, so reformulation is needed. Reformulation of Article (2) Paragraphs (1), (2), and (3) should be changed to interpret the living law not only as Customary Law, which will be formulated in Regional Regulation. Article (2) Paragraphs (1), (2), and (3) are just needed as the recognition rules to enforce Customary Law; in other words, formulation of the living law only as an umbrella rule to enforce Customary Law.
Legal Protection for Suspects through the Integration of Judicial Supervision in Pre-Trial Detention in Indonesia Erwin Susilo; Dharma Setiawan Negara; Joel Niyobuhungiro
Indonesian Journal of Criminal Law Studies Vol. 10 No. 1 (2025): Indonesia J. Crim. L. Studies (May, 2025)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v10i1.20605

Abstract

Pre-trial detention is a serious action that deprives individuals of their freedom and must be carried out by the principle of legality to protect human rights (HAM). In the Indonesian criminal justice system, detention is regulated by the Criminal Procedure Code, which requires two pieces of evidence and meets subjective and objective requirements. However, the pretrial mechanism used to test the legality of detention is still administrative and limited to requests. However, Indonesia's current pretrial detention mechanism remains predominantly administrative and dependent on detainee initiation, failing to fully comply with Article 9(3) of the ICCPR. Specifically, Indonesia does not consistently ensure immediate physical presentation of detainees before a judicial officer (commonly within 48 hours), lacks automatic judicial review of detention legality without requiring detainee action, and does not provide sufficient judicial scrutiny to assess the necessity and proportionality of continued detention, as exemplified by practices in Germany (§114 StPO) and the Netherlands (Article 57 Sv). This condition creates the potential for abuse of authority and human rights violations. This research uses normative legal research methods that examine legal principles, statutory regulations, doctrine, and legal theory related to pre-trial detention in the criminal justice system. This research identifies systemic weaknesses in Indonesia’s pretrial detention through comparative analysis. It introduces three innovative elements to the conception of integrated judicial supervision: Tiered Judicial Review Mechanism, Burden-Shifting Protocol, and Digital Monitoring Integration. The proposed ideal conception involves integral judicial oversight, in which judges have a direct role from the start of detention to ensure its legality. This system integrates supervision of the legality of detention in the criminal justice process, provides more optimal protection for suspects, and meets international human rights standards. This step is expected to create a more efficient, accountable justice system that aligns with the principles of the rule of law.
Criminalization of Teachers Due to Case of Bullying Committed by Students Joshua Irawan; Jamin Ginting; Teguh Prasetyo; Fajar Sugianto; Andrew Johnathan Setia
Indonesian Journal of Criminal Law Studies Vol. 10 No. 2 (2025): Indonesia J. Crim. L. Studies (November, 2025)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v10i2.21014

Abstract

Children are individuals who are not yet adults and have a fundamental right to education. A child's education starts at the family level and continues at an educational institution like a school. Teachers play a crucial role in education and are responsible for instructing their students. In addition to this responsibility, teachers must uphold laws, regulations, and ethical codes as specified in Article 20 of Law No. 14/2005. This includes adhering to child protection laws outlined in Law No. 35/2014. Everyone needs to protect children from violence, as Article 76C of Law No. 35/2014 explicitly prohibits any person from committing or allowing violence against children. The law also mandates teachers to protect their students from violence, as stated in Article 9(1a) and Articles 54(1) and (2) of Law No. 35/2014. Issues arise when teachers allow bullying to occur among their students. This neglect constitutes a violation of Article 76C of Law No. 35/2014. This study uses a normative legal methodology to apply child protection rules to teachers who ignore bullying among their students. The study concludes that teachers who tolerate bullying violate Article 76C of Law No. 35/2014, as this neglect causes suffering to children. Such teachers could face criminal sanctions as outlined in Article 80 of Law No. 35/2014. The research team suggests increased criminal penalties for teachers who allow such neglect should be imposed.
Augment Legal Efforts through Artificial Intelligence in Curtailing Economic Fraud in Nigeria: Issues and Challenges Erma Rusdiana; Paul Atagamen Aidonojie; Muwaffiq Jufri; Hassan Ismaila; Nathan Ibrahim
Indonesian Journal of Criminal Law Studies Vol. 10 No. 1 (2025): Indonesia J. Crim. L. Studies (May, 2025)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v10i1.22147

Abstract

The rise of economic fraud in Nigeria is one of the greatest threats to the financial stability of the nation, the governance systems, and socio-economic development. Though there are legal frameworks in curtailing economic fraud, there seem to be several challenges given the sophisticated economic frauds that have evolved. Therefore, this study aimed to examine AI as a transformative tool to supplement Nigeria's legal framework in its legal fight against economic fraud through facilitating the improvement of violation detection, automation of evidence gathering, and support of data-driven policymaking. It also enhances efficiency in law enforcement via predictive analytics and real-time monitoring systems. The study adopts a qualitative methodology, including an analysis of the legal framework and a literature review on AI in combating economic fraud. The findings show that despite some legal frameworks put in place for economic fraud, the legal mechanisms for the detection, prevention, and prosecution of economic fraud lack adequate capacity and nearly totally lack a procedural perspective. Also, in the study, it was found that AI technologies such as machine learning and natural language processing can help in providing means for those datasets to find some patterns, improving forensic investigations and decision-making processes in fraud cases. Thus, it stipulates that integrating AI into Nigeria's Legal Framework is essential for combating economic fraud. Policy reforms, capacity-building programs, and investment in AI infrastructure have been recommended to facilitate its adoption.
Multi-Regime Law Enforcement of Transnational Organized Fisheries Crime: A Comparative Study of Indonesia and Australia Maya Shafira; Andre Arya Pratama; Ahmad Irzal Fardiansyah; Shofriya Qonitatin Abidah
Indonesian Journal of Criminal Law Studies Vol. 10 No. 2 (2025): Indonesia J. Crim. L. Studies (November, 2025)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v10i2.22516

Abstract

The context of law enforcement on IUU Fishing can’t be separated from including other criminal acts as part of organized transnational fisheries crime in Indonesian waters. Multi-regime criminal activities are evident in the Case of the Run Zheng 03 and 05 Ships, which were detected carrying out illegal fishing and the Crime of Human Trafficking (TPPO) against Indonesian crew members in the Arafura Sea. Unfortunately, Articles 92 and 93 Paragraph 2 of the Fisheries Law, as well as the ratification of the Agreement on Port State Measures to Prevent, Deter, and Eliminate Illegal, Unreported, and Unregulated Fishing (PSMA) which are regulated in executive regulations, have found obstacles that are still systemic so that crimes in the context of fishing still require high-level supervision. Therefore, this problem must be overcome by conducting a comparative study with Australia, a best practice country that has also ratified PSMA, like Indonesia. This study uses a normative legal method, referring to applicable laws and regulations related to the case phenomenon. A comparative study also accompanies the research as a best practice in finding solutions to legal problems that can be seen in other countries. The results of the study show that the existing conditions show a lack of coordination system and capacity between ministries or institutions, such as between the Ministry of Transportation and the Ministry of Marine Affairs and Fisheries in joint supervision with law enforcement officers, and the designated ports are still unable to optimize fishing vessels entering the port. The information system between countries is still integrated manually. The threat of imposing criminal penalties on corporations as a paradigm for punishment and accommodating PSMA in technical provisions is also evidence of the government's lack of firmness in eradicating fisheries crimes. Thus, Australia can be an example of its efforts as a member of IUU Fishing by accommodating PSMA into the Fisheries Management Act, and the systematization of coordination between AFMA and the Australian Maritime Security Operations Center is running well without any coordination problems or overlapping authorities.
Law and Digitalization: Cryptocurrency as Challenges Towards Indonesia's Criminal Law David Hardiago; Rani Fadhila Syafrinaldi; Syafrinaldi; M. Musa; Kim Hyeonsoo
Indonesian Journal of Criminal Law Studies Vol. 10 No. 1 (2025): Indonesia J. Crim. L. Studies (May, 2025)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v10i1.22557

Abstract

The advancement of science and technology continues to accelerate. Internet and its supporting technology became the backbone for many activities. This kind of advancement goes beyond territorial boundaries and human’s intelligence. This phenomenon triggers a new crime model. One of them is a crime related to the existence of Cryptocurrency such as money laundering, terrorism financing, and other forms of crime. This is understood given that Cryptocurrency give rise to large number of crimes as well as the emergence of a new modus operandi in several criminal acts. This is further supported by the lack of current Indonesian regulations that do not specifically accommodate the Cryptocurrency mechanism. The main issues raised in this study are related to how crimes and new modus operandi are caused by the Cryptocurrency mechanism against Indonesian criminal law, as well as how the mechanism of crime prevention and handling caused by the Cryptocurrency mechanism through the means of penal policy, covering targeted legislative amendments, specialised investigative units, prosecutorial guidelines, and asset-seizure procedures—to prevent and combat such crimes. This article uses normative method to answer the problem through comparative approach, case approach, literary approach and statutory approach. Initial hypotheses proposed to address these problems are: First, Cryptocurrency as a financial transaction mechanism that relies on the computational system with anonymous transactions opens a great opportunity for crime in the mechanism of the transaction. Second, the establishment of new rules in order prevent and combat crime and the modus operandi caused by the Cryptocurrency mechanism through the mechanism of penal policy are essential.
Theoretical and Practical Issues of Sexual Crimes Against Children Oleksandr I. Motliakh; Yevhen Korzh; Nadiia Stasiuk; Leonid Shcherbyna; Yana Lutsenko
Indonesian Journal of Criminal Law Studies Vol. 10 No. 2 (2025): Indonesia J. Crim. L. Studies (November, 2025)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v10i2.22725

Abstract

This study investigates sexual crimes against children with the aim of identifying legislative, psychological, and institutional mechanisms for prevention and response. Sexual violence against minors remains a persistent problem in Ukraine and globally, with high latency and complex causes that demand multidimensional analysis. The research applies a normative legal approach combined with dialectical and general scientific methods (analysis, synthesis, induction, generalization), supported by specialized psychological and forensic techniques. Results highlight the juridical, philosophical, and sociological objectives of legal protection of children, the challenges of applying polygraph examinations to minors, and the controversial role of medical measures such as chemical castration. The study underscores the significance of the Unified Register of Child Sex Offenders as a practical tool for prevention. The article demonstrates that combating sexual crimes against children requires a comprehensive strategy that integrates legal reforms, psychological support, medical interventions, and international best practices. The Ukrainian experience during wartime conditions adds urgency and uniqueness to this study.

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