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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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Evolution of Corporate Criminal Liability Models and Theories under Indonesian New Criminal Code Muhammad Wahyu Alfakar; Ali Masyhar; Cahya Wulandari; Ngboawaji Daniel Nte
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.v8i2.36741

Abstract

Corporate crime, also known as white-collar crime, has persisted in Indonesia for decades, evolving alongside the country's economic and industrial growth. Various models and theories have emerged to address these issues, reflecting a growing recognition of the need for robust legal frameworks to combat corporate misconduct. Normative legal research methods have been employed in this study, focusing specifically on the criminal law aspects related to the development of corporate criminal liability theories and concepts under Law Number 1 of 2023. Law Number 1 of 2023 introduces the corporation as a maker and also a responsible corporation model of corporate criminal liability, recognizing corporations as legal entities capable of being held accountable for their actions. This statutory framework represents a significant advancement, reinforcing Supreme Court Regulation Number 13 of 2016. The research explores various perspectives on corporate responsibility models and theories, offering ideal solutions for their application and development within Indonesia's legal framework. This evolution signifies Indonesia's commitment to enhancing corporate accountability and ethical standards, aligning its legal principles with international norms while addressing domestic challenges. By integrating these models and theories into its legal system, Indonesia aims to foster a corporate culture that prioritizes compliance and ethical conduct, thereby mitigating the impact of corporate crime on society and promoting sustainable economic development.
Sharia Fintech In The Digital Age: Human Rights in Sharia Fintech Through Criminal Law Safeguards Sawitri Yuli Hartati; Emelia Kontesa; Agri Baskara
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.v8i2.36742

Abstract

This research analyses the impact of Sharia fintech development on human rights in the Industrial Revolution 4.0 and Society 5.0. In this digital era, technological developments have brought a significant revolution in the financial sector, including within the scope of sharia finance. This study aims to analyze the impact of the expansion of sharia fintech on human rights in a broader context. This research uses a normative legal method by adopting a statutory, conceptual, comparative and futuristic approach. By using analytical content, this study explores the impact generated by implementing sharia fintech on aspects related to human rights, including financial inclusion, social justice, and economic opportunities. The analysis shows that sharia fintech, operating with Islamic economic principles emphasizing fairness, sustainability, and risk sharing, can contribute to fulfilling and protecting human rights. Along with the benefits offered, such as increasing access to financial services for the public, potential challenges and obstacles are also considered, including data privacy and cyber security issues. The results of this study Research shows that Islamic FinTech in Indonesia has great potential to improve financial inclusion and economic justice, especially for marginalised groups. However, challenges such as limited awareness, immature regulations, and security concerns need to be addressed through supportive regulations, public education, and collaboration with Islamic financial institutions. The importance of balancing technological innovation, sharia ethics, and legal protection is reflected in the implementation of various laws in Indonesia, such as the Criminal Code, ITE Law, and Personal Data Protection Law, to regulate electronic transactions, protect personal data, and prevent financial crimes.
A Human Rights Discourse on Death Penalty for Corruptors during the Outbreaks: Reflection on the Covid 19 Pandemic Iqbal Kamalludin; Adissya Mega Christia; Achmad Jauhari Umar; Bunga Desyana Pratami; Rizqiyani Syifa Widiastuti; Delasari Krisda Putri
Indonesian Journal of Criminal Law Studies Vol. 8 No. 1 (2023): Indonesia J. Crim. L. Studies (May, 2023)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v8i1.36744

Abstract

The Covid-19 pandemic profoundly impacted Indonesia's stability, yet amidst these challenges, a senior official within the Ministry of Social Affairs engaged in corrupt practices related to social grants, an offense stipulated under Article 2 paragraph (2) of Law No. 20 of 2001, amending Law No. 31 of 1999 on Corruption, which mandates the death penalty. This research examines the tension between imposing the death penalty on corruption offenders during emergencies and the human rights perspective, particularly in Indonesia. Employing a qualitative normative juridical method rooted in criminal law and human rights standards, the study reveals that despite the provision allowing for the death penalty for corruption during Covid-19, Indonesia adopts a moderately particularistic human rights stance that regards human rights as universal principles while addressing national concerns. The study highlights Indonesia's nuanced approach to human rights in the context of criminal justice, particularly concerning the application of the death penalty to corruption offenders during crises. It underscores the country's effort to uphold human rights as universal while recognizing national circumstances. This research contributes to ongoing scholarly debates on the intersection of emergency measures, criminal justice, and human rights, offering insights into how states navigate legal provisions in times of crisis to maintain stability without compromising fundamental rights. The findings provide a critical perspective for policymakers, legal practitioners, and human rights advocates grappling with issues of justice and rights protection amid global emergencies.
The Urgency of Legal Justice for Society Against the Expansion of the Authority of Judges From a Criminal Law Perspective Indah Fitri Cahyani; Uche Nnawulezi; Ogah Chinyere Constance
Indonesian Journal of Criminal Law Studies Vol. 8 No. 1 (2023): Indonesia J. Crim. L. Studies (May, 2023)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v8i1.36752

Abstract

Expansion of the authority of judges in the RKUHP is an interesting discussion where this is related to guaranteeing legal certainty for the community. The purpose of this research is to examine more deeply the impact of expanding the authority of judges in the RKUHP on legal certainty. The method used is a qualitative method. Then for this type of research using literature study by collecting journal articles related to the title being studied. The results of this study indicate that the expansion of authority in the form of judicial pardon is a means for realizing a balance between legal certainty and justice for the community, both of which are closely related to one another. In the RKUHP, the existence of the judge's pardon principle indicates a more flexible nature in criminal law. Unlike in the western Criminal Code which is more rigid. It is feared that this flexible nature will lead to more acts of fraud by law enforcers. In real terms, crime in Indonesia is increasingly modern. So that right now it really needs a legal system that is firm and able to provide legal certainty for its citizens. Studies related to the expansion of the judge's authority which are classified as increasingly flexible in the RKUHP are very important to do. Judicial Pardon is expected to be able to provide a balance between legal certainty and legal justice.
Policies on Prevention and Repression Against Sexual Violence for Higher Education: The Challenges and Expectations Helda Rahmasari; Randy Pradityo; Risna Karinda; Sudirman Sitepu; Anis Widyawati
Indonesian Journal of Criminal Law Studies Vol. 8 No. 1 (2023): Indonesia J. Crim. L. Studies (May, 2023)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v8i1.36753

Abstract

The Government's Policies on Prevention and Repression against Sexual violance in Higher Education through the Regulation of the Minister of Education, Culture, Research, and Technology of the Republic of Indonesia Number 30 of 2021 is a symbol of follow-up from the government to address the phenomenon of sexual violence in tertiary institutions in Indonesia. This study aims to analyze the challenges and expectations related to this policy. There are a number of qualitative and quantitative methods that are used in this study, which include interviews, questionnaires, and document analyses, and all are empirical research methods. There are several tertiary institutions in Indonesia, particularly those in Bengkulu City that have implemented Government's Policies on Prevention and Repression against Sexual violance in Higher Education, according to the results of this study. It is also important to note that there are also tertiary institutions that have not implemented these policies, but instead have their own policies or rules in regards to dealing with incidents of sexual violence at their institutions. A number of tertiary institutions, including tertiary schools in Indonesia, follow up on the rules governing the prevention and handling of sexual violence, but they follow policies that are not in line with the Regulation of the Minister of Education, Culture, Research and Technology of the Republic of Indonesia Number 30 of 2021 on Government's Policies on Prevention and Repression against Sexual violance in Higher Education.
Indonesia’s Imperative Asset Forfeiture Bill to Combat Illicit Enrichment Tri Indah Sakinah; Thoriq Ziyad Rahman; Alfarezi Setiawan
Indonesian Journal of Criminal Law Studies Vol. 8 No. 1 (2023): Indonesia J. Crim. L. Studies (May, 2023)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v8i1.36755

Abstract

Corruption poses a severe threat to Indonesia’s socio-economic development and political stability. Illicit enrichment, particularly prevalent among public officials and individuals in positions of power, perpetuates this issue by allowing for the unlawful accumulation of wealth through corrupt practices. The absence of comprehensive legislation targeting illicit enrichment has hindered effective deterrence and recovery efforts. The proposed Asset Forfeiture Bill emerges as a crucial initiative aimed at addressing these challenges. This paper underscores the pressing need for the Asset Forfeiture Bill within Indonesia’s anti-corruption framework. By enabling the confiscation of assets acquired through corrupt means, the bill promises to disrupt the incentive structure that drives corruption. It fills existing legal gaps that have previously hindered asset recovery and underscores accountability among public officials. Moreover, the bill is poised to strengthen Indonesia's legal arsenal against corruption, signaling a commitment to transparency and governance reform. Implementation of the Asset Forfeiture Bill is expected to enhance public trust in governmental institutions and foster a more conducive environment for sustainable development. By deterring illicit enrichment and recovering misappropriated public resources, Indonesia can bolster its efforts towards achieving integrity in governance and fostering economic growth. This paper advocates for the prompt adoption and effective implementation of the Asset Forfeiture Bill as a critical step towards combating corruption and promoting a fairer and more equitable society in Indonesia.
Disbanding Prostitution Localization is Violating Female Sex Worker's Right's: A Case of Indonesia Dewantary, Zenny Rezania; Citra, Anathasia; Prameshwary, Ni Luh Larasathy Pinkan
Indonesian Journal of Criminal Law Studies Vol. 8 No. 1 (2023): Indonesia J. Crim. L. Studies (May, 2023)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v8i1.36756

Abstract

Many see prostitution as controversial, as it has few, if not many things to do with morality and public safety. For Indonesia in particular, such practice is also contradictory with the religious teachings upheld by the society. Realizing that the majority of people stand against prostitution practice, government authorities are competing to entirely wipe out prostitution by disbanding prostitution localizations. Total of 160 prostitution localizations had been disbanded in the span of 2016-2019. However, such attempt did not evaluate safety concerns for therein female sex workers (FSW). Prostitution will flourish, localized or not. Thus, FSW were relocating to scattered areas (increasing safety risk) or soliciting online (violating more laws). The disappearance of monitored zones for sex business will address new problems, resulted from negative effects of uncontrolled prostitution. This research is a preliminary analysis in criticizing the Indonesian government policy for disbanding prostitution localizations. Indonesia’s government promoted eradication of prostitution to conform with norms while in national level, prostitution is not entirely illegal. Sex work is not a crime and in the history, regional governments had been accommodating area for prostitution. That, in a way, provided safety for FSW from criminalization. However, a full recognition, let alone legalization, of prostitution is still far from achieved. The authors concluded that the recent prostitution localizations dissolution is a hostile attempt to eliminate the rights of FSW as women, including rights for welfare and a safe work environment. Thus, strict control for prostitution through localizations for sex work is actually the answer for a safe, monitored prostitution industry and should have not been disbanded.
Criminal Liability for The Provision of Illegal WIFI Telecommunications Services Muhammad Kenza Radhya Ersa Atmawijaya; Dicky Eliakim Siringoringo; Frans Ricoras; Rabin Daniel Nainggolan; Satrio Bagaskara Gunadi Putra
Indonesian Journal of Criminal Law Studies Vol. 8 No. 1 (2023): Indonesia J. Crim. L. Studies (May, 2023)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v8i1.36757

Abstract

The impact of globalization and the rapid development of telecommunications technology has implications for changes in the operation and perspective of telecommunications, especially in the provision of Wi-Fi telecommunications services (ISP). The survey carried out by the Indonesian Internet Service Providers Association (APJII) Indonesia has reached 77.02% or the total population connected to the internet is 210,026,769 of the total population of 272,682,600 Indonesians in 2021. Along with the development of technology, of course It is undeniable that there will be potential violations or disobedience from people who do not comply with the provisions of laws and regulations so that they violate the rights of other communities. The rise of ISP and unlicensed or illegal Wi-Fi resellers has caused losses not only to the community but also to the national economy. Lack of understanding regarding licensing results in ISPs being subject to administrative sanctions to imprisonment. The purpose of this study is to find out how criminal liability for the operation of illegal Wi-Fi telecommunications services.
Recognizing Incidences of Unprovoked Attacks Against Police Officers in Nigeria Between 2017-2020: Charting New Pathways of Human Rights Intervention on Right to Life Hilary Nwaechefu; Uche Nnawulezi
Indonesian Journal of Criminal Law Studies Vol. 7 No. 2 (2022): Indonesia J. Crim. L. Studies (November, 2022)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v7i2.36758

Abstract

The unprovoked attacks on Police Officers in Nigeria between 2017-2020 that resulted to several deaths of the Police Officers have put a question mark on the constitutional provisions guaranteeing the rights of all citizen's lives and that of the Police Officers. This paper seeks to identify why the unlawful killings of Police Officers had persisted notwithstanding constitutional provisions. lnterestingly, despite these developments, the position of international human rights law(IHRL) and Section 33 Chapter IV of the Constitution of the Federal Republic of Nigeria, 1999(as amended) has raised two key questions, first, the standards of protection by government. Second, the permissible circumstances in which persons deserves protection. This paper revealed that inadequate equipment, training and rascal attitudes of police officers towards crime prevention led to unlawful attacks on them which resulted to their deaths during the period under review. Recommendations are made towards stemming the tide. The paper adopted a doctrinal approach that focused principally on current legislations and policies on human rights protection, and concluded with the view that the national and international policy makers have a moral, ethical and legal obligations to protect the lives of police officers as they are entitled to such protection based on their human rights and by so doing it will help to compliment the provisions of the Universal Declaration of Human Rights, 1948 as well as Section 33 Chapter IV of the Constitution of the Federal Republic of Nigeria, 1999.
Legal Protection Against The Crime of Abortion Performed by Child Victims of Rape from Victimological Perspective Christ Sella; Della Rolansa BR Siboro; Muhammad Iqbal Baiquni
Indonesian Journal of Criminal Law Studies Vol. 7 No. 2 (2022): Indonesia J. Crim. L. Studies (November, 2022)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v7i2.36759

Abstract

Children are valuable assets that must always be guarded and protected; on the other hand, there is also inherent dignity, dignity, and rights as human beings, which must also uphold. However, he often gets rape treatment. As a result of being unable to accept the suffering experienced, the decision to have an abortion was chosen. In positive law, it does not legalize this abortion, but there are several considerations that judges can use to override the imposition of sanctions on abortions committed by children. Victimological studies can also be used as guidelines to determine the position of girls, whether they are perpetrators or victims of events. Of course, if you are a victim, you should obtain legal protection from the state. In this paper, they will discuss this problem through a case study. The type of writing used is normative juridical, secondary legal, and non-legal materials collected through library research techniques.

Page 12 of 15 | Total Record : 146

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