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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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The Problematic Issue of Sharia Court's Absolute Authority under Indonesia Judicial System Luthfiyah Trini Hastuti; Anti Mayastuti; Diana Lukitasari
Indonesian Journal of Criminal Law Studies Vol. 5 No. 2 (2020): Indonesia J. Crim. L. Studies (November, 2020)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v5i2.36410

Abstract

The amendment of the Sharia Court position within the Indonesia’s public court jurisdiction is contained in Article 27 of Law Number 48 of 2009 concerning Judicial Powers where the existence of the Sharia Court is no longer stated to be included in the scope of the special court within this law. The amendment set different tone from what is contained in Law No. 4 of 2004 which in the elucidation of Article 15 states that, the Sharia Court is part of a special court. The problematic issue of Sharia Court's absolute authority in Aceh province under Indonesia judicial system is also the main study discussed in this article. At the end of the article, suggestions for improvement are also presented in order to strengthen the position of the Sharia Court in Indonesia judicial system.
Implementation of Corruption on Law Enforcement in the Criminal Justice System in Indonesia Ariza Hasna; Nyoman Serikat Putra Jaya
Indonesian Journal of Criminal Law Studies Vol. 5 No. 2 (2020): Indonesia J. Crim. L. Studies (November, 2020)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v5i2.36411

Abstract

The increase in criminal acts of corruption has brought disasters not only to the life of the nation and state in general, but also can cause various weaknesses in the lives of future generations. For this reason, strict, consistent and non-discriminatory law enforcement is needed for corruptors. However, law enforcement in the Criminal Justice System in Indonesia is still unable to carry out maximum law enforcement against corruption perpetrators, because there are still some weaknesses and problems, judging from the regulatory aspects there are still overlapping arrangements, the quality of the judiciary still needs to be improved because it has not been able to create justice in the public, the monitoring system of the performance of law enforcement officials related to corruption law enforcement still needs to be improved because it is not yet integrated, while the sanctions given are still considered to be not optimal so that it does not cause a deterrent effect to the perpetrators, so that in the future it is expected to change, reform and increase in Criminal Justice System in Indonesia.
A Snapshot of Violence and Criminalization Against Journalists in Indonesia: Enhancing the Safety of Journalists Marcella Elwina Simandjuntak; Petrus Soerjowinoto; Emilia Metta Karunia Wijaya; Hana Mumtazah
Indonesian Journal of Criminal Law Studies Vol. 9 No. 1 (2024): Indonesia J. Crim. L. Studies (May, 2024)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v9i1.36416

Abstract

The press and freedom of speech play crucial roles in advancing democracy, fostering good governance, and promoting human development globally. However, despite their critical importance, journalists in Indonesia and other nations face escalating violence. This violence encompasses physical, psychological, and even sexual harm, compounded by the legal repercussions imposed by certain laws that potentially criminalize journalistic activities. This paper aims to explore incidents of violence against journalists and analyze specific provisions within Indonesia's existing Penal Code, the Information and Electronic Transactions Act (UU ITE), and the Personal Data Protection Act that could be utilized to criminalize journalists. The application of these laws poses significant threats to press freedom, media impartiality, and the integrity of information dissemination. Using a normative legal approach, this study draws on data derived from existing laws, online resources, research studies, and contemporary literature. Employing a descriptive-qualitative analysis, the findings underscore the prevalence of violence against journalists across Indonesia, with frequent violations of their rights to access information through intimidation, harassment, and various forms of physical and psychological coercion. Furthermore, journalists face potential imprisonment under the provisions of Indonesian laws, exacerbating the climate of fear among media professionals. The implications of these threats include a chilling effect on media freedom, hindering the free flow of information, diverse opinions, and critical ideas essential for an informed citizenry. Addressing these challenges requires robust protections for journalists, stringent adherence to international standards of press freedom, and reforms to ensure that laws safeguard rather than restrict journalistic activities.
Mairil and Nyempet as Child Sexual Violence in Pesantren: Contradictions of Traditional Norms, Religion, and Criminal Law Policy in Indonesia Mohamad Tohari; Iqbal Kamalludin; Jarot Jati Bagus Suseno; Achmad Jauhari Umar; Bunga Desyana Pratami
Indonesian Journal of Criminal Law Studies Vol. 9 No. 1 (2024): Indonesia J. Crim. L. Studies (May, 2024)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v9i1.36417

Abstract

Pesantren, Islamic educational institutions in Indonesia, traditionally provide dormitories for santri, students dedicated to religious studies from childhood through adolescence. However, adolescence often coincides with heightened curiosity about sexuality, leading to behaviors like "Mairil" and "Nyempet." Mairil involves affectionate interactions between individuals of the same gender, which can escalate to physical actions known as Nyempet, distinct from sodomy. This socio-legal study employs a qualitative approach focusing on substantive justice in criminal policy. The research underscores that Mairil and Nyempet constitute forms of sexual violence prevalent in pesantren. Despite inconsistencies with religious norms and criminal law, enforcement remains inadequate. It advocates for a comprehensive approach involving pesantren and competent authorities to tackle these issues. Key recommendations include enhancing victim protection, enforcing existing laws rigorously, and raising societal awareness through education on individual rights and humanitarian principles. In conclusion, addressing Mairil and Nyempet requires concerted efforts from all stakeholders to ensure justice, protect victims, and promote a more inclusive understanding within Indonesian society and its educational institutions.
Unleashing Justice’s Future: The Dawn of Neuro-Cognitive Risk Assessments (NCRA) in Transforming Rehabilitation Mahmud Mulyadi; Zico Junius Fernando; Panca Sarjana Putra; Ariesta Wibisono Anditya
Indonesian Journal of Criminal Law Studies Vol. 9 No. 1 (2024): Indonesia J. Crim. L. Studies (May, 2024)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v9i1.36418

Abstract

Neuro-Cognitive Risk Assessments (NCRA) represent a groundbreaking innovation in the criminal justice system, concentrating on evaluating cognitive and decision-making factors to assess inmate recidivism risk. Introduced initially in Houston, Texas, in 2017, NCRA have shown substantial efficacy, evidenced by a 2020 study reporting an Area Under the Curve (AUC) value of 0.70, signifying a significant advancement in recidivism prediction. This research employs normative legal methods, utilizing a conceptual, comparative, and forward-looking approach, characterized as descriptive-prescriptive with data analyzed through content analysis. Key advantages of NCRA include their emphasis on cognitive factors and their capability to operate independently via digital platforms, reducing bias and enhancing objectivity. The global adoption of NCRA, including in countries like Canada, the Netherlands, and Australia, underscores its recognition as a promising tool in criminal justice practices. However, ethical considerations and responsible usage are paramount, ensuring the protection of individual rights and involving diverse stakeholders. The integration of NCRA into rehabilitation programs and public policies presents opportunities to enhance efforts against recidivism. By identifying individual needs more accurately and improving predictions of rehabilitation success, NCRA can motivate inmate engagement in rehabilitation initiatives. Moreover, NCRA support the development of effective crime prevention policies, contributing to broader societal well-being. In conclusion, NCRA represent a transformative approach in criminal justice, leveraging cognitive assessments to refine recidivism risk evaluations and enhance rehabilitation outcomes. Ethical deployment and collaborative engagement are critical to maximizing NCRA's potential in promoting justice and reducing reoffending globally.
The Implementation of Scientific Crime Investigation Mechanisms in Police Regional Office Proof Criminal Cases Kurnia Dewi Anggraeny; Alfan Noufal Rizqullah; Muhammad Nur
Indonesian Journal of Criminal Law Studies Vol. 9 No. 1 (2024): Indonesia J. Crim. L. Studies (May, 2024)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v9i1.36419

Abstract

Investigation is a critical stage in criminal proceedings aimed at uncovering evidence to illuminate the nature of an offense and identify its perpetrator or suspect. The application of Scientific Crime Investigation (SCI) methods in these investigations leverages a scientific approach drawn from diverse disciplines to enhance the collection and analysis of evidence. This study seeks to underscore the importance of integrating SCI into the substantiation of criminal cases and explore its operational implementation within police regional offices. This empirical juridical research draws upon library materials and field studies to examine the urgency and efficacy of SCI in criminal investigations. Data analysis employs a descriptive-qualitative method to elucidate how the SCI method functions as a systematic tool in gathering evidence crucial for courtroom presentation. The evidentiary robustness of SCI findings, including expert testimonies and forensic reports, lends them substantial weight as incontrovertible evidence obtained through rigorous scientific processes. Aligned with legal theories such as bewisjmidellen, bewijsmnimum, negatief wettelijk bewijstheorie, bewisjkracht, and bewijsvoering, the SCI method encompasses several key components: 1) Identification, involving the examination of fingerprints to establish identities; 2) Digital forensics, for analyzing electronic and digital evidence; 3) Forensic psychology, aiding in the assessment of psychological states of victims, witnesses, and perpetrators; and 4) Forensic medicine, facilitating examinations related to injuries, poisoning, or fatalities conducted by forensic physicians. Each phase of the SCI method adheres rigorously to legal frameworks and procedural guidelines. By integrating these specialized disciplines, SCI enhances the investigative process, ensuring thoroughness and credibility in the pursuit of justice within the bounds of the law.
Progressionism Restorative Justice Policies in Achieving Rehabilitative Criminal Justice Muhtar Hadi Wibowo; Ali Masyhar; Anis Widyawati
Indonesian Journal of Criminal Law Studies Vol. 9 No. 1 (2024): Indonesia J. Crim. L. Studies (May, 2024)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v9i1.36420

Abstract

This study aims to deeply examine and analyze ideal restorative justice policies, focusing on actualizing rehabilitative criminal law enforcement. By directly observing law in action, it explores how these policies are implemented and their impact, providing insights into effective, humane approaches within the criminal justice system.The main problems are how are the progressivism of restorative justice policy works in actualizing criminal enforcement that is rehabilitative?. Research method is Socio Legal, which is done by studying secondary data and conducting interviews. After that, the collected data is analyzed through a qualitative way. The urgency of this study lies in the frequent use of restorative justice policies for prosecuting criminal offenders. Through comprehensive, recent socio-legal research, this study examines the ideal implementation of restorative justice to achieve rehabilitative criminal law enforcement. Findings indicate that restorative justice should enable law enforcers to use penal codes as rehabilitative tools. The study concludes that restorative justice policies should include compensation requirements proportionate to the perpetrator's crime, ensuring a balanced and effective rehabilitative approach within the legal framework.
Integrating Due Process Into The Enforcement Framework of Criminal Law Politics Rendy Laputigar; Suhadi Suhadi; Rodiyah Rodiyah
Indonesian Journal of Criminal Law Studies Vol. 9 No. 1 (2024): Indonesia J. Crim. L. Studies (May, 2024)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v9i1.36421

Abstract

Criminal Law Reform endeavours to establish legal frameworks that meet society's evolving needs within the realm of criminal justice. It involves revising existing legal standards to craft new regulations that can effectively address contemporary challenges. The core aim is to keep pace with societal changes, ensuring that criminal law remains relevant and responsive to real-world circumstances. Central to this is the concept of due process, a cornerstone of criminal justice systems worldwide, which safeguards individual liberties and human rights. It underscores the intrinsic connection between criminal law and due process, highlighting their indispensable unity. This study explores the vital role of due process in shaping law enforcement practices within the criminal justice domain, seeking to assess its significance in upholding individual rights while facilitating efficient law enforcement. The research methodology involves qualitative analysis through the examination of legal texts, case studies, and evaluations of policies. Findings suggest that due process of law plays a vital role in balancing law enforcement effectiveness with civil liberties protection. The conclusion emphasizes the importance of integrating due process principles uniformly into criminal justice systems to promote fairness and strengthen the rule of law.
Panopticon Strategy in Juvenile Delinquency Regulation and Rehabilitation in Indonesia Diana Lukitasari; Hartiwingsih Hartiwingsih; Subekti Subekti; Lushiana Primasari; Dian Esti Pratiwi
Indonesian Journal of Criminal Law Studies Vol. 9 No. 1 (2024): Indonesia J. Crim. L. Studies (May, 2024)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v9i1.36422

Abstract

This study addresses juvenile delinquency in Indonesia through a combined legal and social analysis, proposing innovative solutions for sustainable impact. Drawing inspiration from Michael Foucault's Panopticon theory, the study examines how Law Number 1 of 2023 on the Criminal Code interacts with evolving social dynamics. It advocates for a flexible legal framework that not only punishes but also emphasizes rehabilitation and social reintegration for adolescents. The research underscores the critical need for legal reforms that adapt to changing societal norms and challenges posed by information technology. It explores the influence of unrestricted digital media access on adolescent behavior, including phenomena like klithih, which reflects community and peer influences. The study's findings highlight the pivotal role of family, peers, and community in shaping youth behavior and calls for enhanced community-based education and supervision strategies. Consequently, the study proposes recommendations for a more humane and effective legal approach to juvenile delinquency. These include prevention strategies that empower communities in educating and monitoring young people. By advocating for a holistic and evidence-based approach, this research aims to inspire policymakers, legal practitioners, and the public to foster a supportive environment for Indonesian youth, paving the way for a brighter future.
Optimizing Oversight: Developing an Ideal Framework for Supervision Prisoners’ Rights Allocation Anis Widyawati; Dian Latifiani; Helda Rahmasari; Ade Adhari
Indonesian Journal of Criminal Law Studies Vol. 9 No. 2 (2024): Indonesia J. Crim. L. Studies (November, 2024)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v9i2.36628

Abstract

This study analyzes the problem of a prosecutor’s procrastination in executing a court judgment that delays the prisoners’ serving their sentences and causes some irregularities in the correctional facilities regarding the prisoners’ rights trade. The introduction of many prisons without a specific body to supervise the execution of the sentence, particularly the warded people’s freedom in Indonesia, appeared to have unfulfilled justice in the society. In this regard, this research aims to define the validity of the need to enhance the Supervision of prisoners’ rights protection in Central Java. It describes an optimal system relevant to such Supervision. The type of research that was utilized in this study is sociological juridical. Sociological juridical research serves to be the opposite of normative legal research. It is revealed that there have been ongoing infringements of prisoners’ rights, highlighting the further need to set a more comprehensive mechanism that would include the Police, the Prosecutors, the Courts, and the Correctional Institutions in the system of oversight and other management functions. Every level in the hierarchy system of the Criminal Justice System has its limit on including the human rights of prisoners containing adequate risks of intrusion, where checks and balances must be exercised. Formally and horizontally, these rights must be assured and upheld both legally and in their spirit by Justice and the Law. This study’s findings are that appropriate measures need to be applied to implement better Supervision policies aimed at safeguarding the human rights of prisoners and ensuring the justice system in Indonesia is not compromised.

Page 10 of 15 | Total Record : 146

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