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INDONESIA
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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Degradation of the Stigma of Prison as a Criminal School Through Supervised Sentence as an Alternative to Imprisonment Rohmat Rohmat; Milda Istiqomah; Nurini Aprilianda
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.v9i2.36630

Abstract

With the development of penal theory, the retributive approach to punishment is increasingly seen as misaligned with the needs of society. As a result, there is a recognized need for legal provisions that reflect societal values and emphasize punishment goals that strengthen the community. Prison sentences often lead to issues such as overcrowded facilities and a failure to meet punishment goals. Additionally, many convicts tend to become recidivists after completing their sentences in correctional institutions, reinforcing the stigma of prisons as "criminal schools." The issues to be examined include: a) how are conditional sentences regulated in Law Number 1 of 1946?; and b) how is the policy of supervision sentences as an alternative to imprisonment in degrading the stigma of prison as a criminal school? The research was conducted using a normative method, with a legislative approach. The legal materials used include both primary and secondary legal materials, which were analyzed using deductive analysis techniques. Under the old Penal Code, conditional sentences did not involve immediate imprisonment; instead, the convicted person was given the opportunity to prove their ability to live as a good citizen during a specified probation period. In contrast, the National Penal Code introduces alternatives to prison sentences, such as supervision sentences. These supervision sentences in the National Penal Code serve as an extension of conditional sentences, placing greater emphasis on more intensive and structured supervision. The placement of convicts outside correctional institutions is considered the primary penal system, with the imposition of supervised sentences based on general and specific requirements. In future implementation, an ideal model for the execution of this supervisory sentence is required.
Utilization of Neuroimaging in Criminal Justice: Unveiling Truth Through Brain Technology Achmad Cholidin; Zico Junius Fernando; Mikhael Feka
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.v9i2.36632

Abstract

The integration of neuroimaging technology in criminal justice worldwide has opened new avenues for understanding the neural underpinnings of criminal behavior and improving the accuracy of legal processes. This paper explores the application of neuroimaging techniques, such as functional Magnetic Resonance Imaging (fMRI) and Positron Emission Tomography (PET), in the context of criminal investigations and trials. Neuroimaging provides insight into brain function related to intent, deception, memory, and cognitive control, which is critical in determining culpability and assessing mental states. By reviewing case studies and current research, this study evaluates the potential benefits and ethical challenges of using neuroimaging as evidence in court. The findings suggest that although neuroimaging holds the promise of improving the objectivity and reliability of criminal justice, its use should be conducted with caution due to legal, ethical, and technical limitations. The paper concludes with recommendations for the responsible integration of neuroimaging into legal practice to ensure fairness and protect the rights of individuals. The implications of these findings for criminal law enforcement in Indonesia are also discussed, highlighting the potential of applying neuroimaging techniques to improve the fairness and effectiveness of the legal system.
The Enforcement of Defamation Law Regarding the Creation of a “Meme” Sticker on WhatsApp Joshua Evandeo Irawan; Claresta Devina Valencia
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.v9i2.36633

Abstract

Creating meme stickers on WhatsApp using photos of others has become a common trend. However, often the individuals depicted in these memes feel offended and argue that such actions defame their reputation. The article on defamation is regulated in Article 27 A paragraph (1) of Law 1/2024 (amendment to Article 27 of Law 11/2008). This research employs normative juridical research methods and finds that the act of creating meme stickers on WhatsApp does not constitute the offense of defamation under Article 27 A paragraph (1) of Law 1/2024 as it does not meet the elements of accusation. However, creating Meme Stickers using other people's faces fulfills the criteria outlined in Article 32 paragraph (1) of Law 11/2008, which is the Prohibition of Changing other people's entities without permission. This research will also examine the role of the National Criminal Code which serves as the Ius Constituendum of Criminal Law. Under the National Criminal Code, meme sticker makers on WhatsApp could be subject to the provisions of the Article of Light Insult, specifically in Articles 436, 441 and 440.
Evaluation of Electronic Evidence in Criminal Justice in the Era of Advanced Artificial Intelligence Technology Benny Sumardiana; Pujiyono Pujiyono; Irma Cahyaningtyas; Cahya Wulandari
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.v9i2.36634

Abstract

Law enforcement is one of the many facets of society that have seen substantial changes as a result of the quick growth of digital technology, especially artificial intelligence (AI). The purpose of this study is to assess how electronic evidence is used in Indonesia's criminal justice system, pinpoint the difficulties encountered, and offer suggestions for enhancing the efficiency and equity of electronic evidence in the age of artificial intelligence. In line with the technological elements included in digital and criminal investigation research methodologies, this qualitative study aids in the creation of a theoretical framework for the use of electronic evidence in the setting of artificial intelligence. The results show that Indonesian law is now able to meet the needs of the digital age with its adaptation to technological advancements. Finding material truth in court proceedings is made possible by electronic evidence, which is legally acknowledged as a legitimate tool in criminal justice. To successfully address these issues and optimize the use of AI in the legal system, it is imperative to develop a strong ethical framework, improve law enforcement capacities, and update rules on a regular basis.
Application of Restitution for Criminal Acts Victims: Between Rules and Reality Trias Saputra; Ali Masyhar; Anis Widyawati; Rahmiati Rahmiati
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.v9i2.36635

Abstract

Restitution is compensation provided to victims of a crime or their families by the perpetrator or a third party to cover losses from damage to property or income, suffering caused by the crime, and costs for medical or psychological care. Restitution serves as a critical mechanism for ensuring legal protection by aiding in the recovery of victims affected by criminal acts. This is regulated under Law Number 31 of 2014 on the Protection of Witnesses and Victims. However, challenges arise in its implementation, as seen in cases like Decision 1/PID.SUS/2023/PT Bdg, along with various issues in the application of restitution in court rulings, which will be analyzed in this study. This research examines these issues using normative legal research, employing both a legal and case study approach.
The Fate of Indigenous Peoples' Rights Recognition After the Enactment of the National Criminal Code Sunardi Purwanda; Nurul Asyikeen Binti Abdul Jabar; Rudini Hasyim Rado; Nurul Miqat
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.v9i2.36636

Abstract

This recognition requires further regulation through a Government Regulation and serves as a procedural requirement for being acknowledged as indigenous peoples. The purpose of this article is to provide us an overview of how the recognition requirements for indigenous peoples as outlined in legislation, both before and after the enactment of the Criminal Code. Additionally, it examines the struggles of indigenous peoples in Ecuador, who have organized themselves into indigenous groups to fight for the rights that have been taken away from them. This research employs a statutory approach, a comparative approach, and an interdisciplinary approach in law commonly referred to as socio-legal research. As a result of this, indigenous peoples often find themselves in a weak position relative to the dominant authority of the state. The government needs to provide political recognition affirming that indigenous peoples are equal legal subjects with the state and possess the capacity to act legally to represent their interests as indigenous groups. With the enactment of the National Criminal Code set for 2026, this recognition may pave the way for indigenous peoples to become equal parties when engaging with the state in matters of customary criminal law. Additionally, the indigenous movement in Ecuador serves as a significant point of reflection. Their ability to unite indigenous peoples and nations under a national framework has profoundly influenced the political and legal landscape.
Unravelling Financial Wrongdoing: A Regulatory Perspective on Crimes in the Indonesian Capital Market Rizaldy Anggriawan; Muh. Endriyo Susila
Indonesian Journal of Criminal Law Studies Vol. 8 No. 2 (2023): Indonesia J. Crim. L. Studies (November, 2023)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v8i2.36737

Abstract

The perpetration of offenses within the Indonesian capital market poses a multifaceted challenge, intricately tied to the complexities of evidentiary establishment and legal pursuit within judicial contexts. This research investigates the pivotal role of Indonesia's capital market in its economic development, analyzing the impact of regulatory evolution from BAPEPAM to OJK. It aims to assess the efficacy of stringent regulatory frameworks in maintaining market integrity and bolstering investor confidence, while ensuring legal consequences for transgressors. Employing normative research methods, the study meticulously analyzes statutory regulations and normative constructs governing the capital market, confirming its critical role in national economic well-being and advancement. The transition from BAPEPAM to OJK underscores the dynamic nature of financial markets and underscores the imperative of preserving investor confidence and market integrity. Indonesia's capital market operates within robust regulatory frameworks designed to uphold transparency in securities trading and safeguard investor interests, with explicit prohibitions against fraud, market manipulation, insider trading, and record tampering. These measures underscore Indonesia's unwavering commitment to fostering trust and integrity within its capital market industry, imposing substantive legal consequences on offenders.
Safe Harbor Principle, Exclusion of Criminal Liability for Platform Service Providers Indung Wijayanto; Cahya Wulandari; Rasd Rasdi
Indonesian Journal of Criminal Law Studies Vol. 8 No. 2 (2023): Indonesia J. Crim. L. Studies (November, 2023)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v8i2.36738

Abstract

In the era of Society 5.0, characterized by the pervasive digitalization of societal functions, platform service providers play a pivotal role. These platforms, however, are frequently exploited by users for unlawful activities. This study investigates the prerequisites for invoking the safe harbor principle, which shields service providers from criminal liability. Employing a qualitative research approach, secondary data was gathered through a comprehensive literature review and subsequently analyzed qualitatively. The safe harbor principle serves as a critical legal mechanism utilized by platform service providers to shield themselves from legal repercussions arising from illicit actions committed by their users. To qualify for this exemption, providers typically must promptly remove unlawful content upon notification and refrain from active involvement in the transmission of such information. However, recent developments indicate that providers may forfeit safe harbor protection if they play a significant role in moderating or curating content on their platforms. This research underscores the essential conditions that platform service providers must meet to avail themselves of the safe harbor principle, highlighting the nuanced balance between facilitating digital innovation and upholding legal accountability. By clarifying these conditions amidst evolving regulatory landscapes, this study contributes to ongoing discussions on legal frameworks governing digital platforms, offering insights crucial for policymakers, legal practitioners, and stakeholders navigating the intersection of technology, law, and societal governance.
Why Did a Five-Year-Old Toddler Become a Victim of Murder? A Criminological and Legal Perspective Indah Sri Utari; Ridwan Arifin; Ahmad Zaharuddin Sani Ahmad Sabri
Indonesian Journal of Criminal Law Studies Vol. 8 No. 2 (2023): Indonesia J. Crim. L. Studies (November, 2023)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v8i2.36739

Abstract

The tragic and heart-wrenching case of a five-year-old toddler becoming a victim of murder raises numerous questions about the circumstances leading to such a heinous act. This study provides an overview of the factors that might have contributed to this deeply distressing incident. It explores potential reasons, such as family dynamics, societal pressures, mental health issues, and the legal framework surrounding child protection. Understanding the complex interplay of these factors is essential for both preventing similar tragedies in the future and offering appropriate support to affected families. While the global COVID-19 pandemic is gradually receding, reflecting on the past two years reveals a relentless surge in cases that seemed to halt the world momentarily. Amidst the widespread reports of COVID-19 infiltrating Indonesia, the shocking occurrence of a fifteen-year-old taking the life of a five-year-old toddler in Sawah Besar Jakarta in March 2020 deeply unsettled the Indonesian populace. This incident prompts the question: what circumstances led to such a tragic event? What were the motivations driving the perpetrators’ actions? Why did a defenseless five-year-old child fall victim to murder? This study emphasizes the urgency of addressing the root causes of such acts of violence against children, shedding light on the need for comprehensive measures to protect the most vulnerable members of our society.
Anticorruption School: A Solution to Building the Integrity of Judges Kiki Kristanto; Zico Junius Fernando; Papontee Teeraphan
Indonesian Journal of Criminal Law Studies Vol. 8 No. 2 (2023): Indonesia J. Crim. L. Studies (November, 2023)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v8i2.36740

Abstract

The anti-corruption school is an essential solution to help build judges' integrity in the era of Industrial Revolution 4.0 and Society 5.0. The era of Industrial Revolution 4.0 and Society 5.0 requires judges to understand and face increasingly complex and diverse legal challenges, including overcoming increasingly sophisticated and well-organized corruption crimes. The research method used is qualitative. The approaches used are the statutory approach, the conceptual approach, the comparative approach, the futuristic approach, and the philosophical approach. The nature of this research is descriptive-prescriptive, and it was analyzed using content analysis. The result of this research is that the anticorruption school model will help strengthen the integrity of judges, promote transparency and accountability, and increase public trust in the judiciary through a comprehensive and integrated approach. The anti-corruption school model could be an effective solution for helping judges face the challenges of the Industrial Revolution 4.0 and Society 5.0. The Anticorruption School is the best model for creating judges' integrity. Judges can acquire the knowledge, skills, and attitudes through structured and systematic education and training to avoid corrupt practices and maintain their integrity as law enforcers.

Page 11 of 15 | Total Record : 146

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