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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 Influence of Social Media in Era 4.0 in Criminal Law Study and Implementation of Criminal Sanctions Aryo Fadlian
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.v7i2.36806

Abstract

The purpose of the author is to provide an understanding and prevention of the dangers of social media. The times have pushed all fields in a country, one of which is the development of digital technology. Digital technology, which we know, is one form of civilization that is very looming in the community, to facilitate all one's activities. The use of social media that spreads and frees its users to carry out activities on social media, then there are no boundaries in social media except self-control. Seeing these gaps from a social media can be a place where criminal acts can occur and do not know the class of people who use social media. Social media is a form of information technology as regulated in Law Number 11 of 2008 concerning Information and Electronic Transactions in article 1 number 3 which reads: "a technique for collecting, preparing, storing, processing, announcing, analyzing, and/or or disseminate information.”. because of what has been explained in the ITE law.
Institutionalizing Customary Court in Indonesian Justice System as an Effort to Realize Access to Justice Right for Indigenous People Anti Mayastuti; Luthfiyah Trini H; Diana Lukitasari
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.v7i2.36807

Abstract

This study aims to find customary court institution form in an effort to reinstitute customary court in Indonesia. This research is a prescriptive doctrinal legal research, using statutory and conceptual approaches. The data used is secondary data in the form of primary legal materials, while data analysis technique used is qualitative non-positivistic using hermeneutic interpretation method. Customary disputes are included in the realm of material law that occur in the space of indigenous peoples, if they are resolved by a different formal legal institution, namely the general court as regulated in Law no. 21 of 2001 on Special Autonomy for Papua Province. In principle, the customary court is the last judiciary based on customary law, but efforts to obtain justice (access to justice) and the truth are the human rights of everyone. Therefore, everyone who seeks justice must be interpreted as the right to obtain fair recognition, guarantee, protection and legal certainty and be treated equally before the law. The idea of reviving customary justice is important because as a body of customary courts it is in charge of adjudicating customary law disputes that occur in the community.
Legal Consequences of Offenders Possessing and Controlling Bomb Explosives Without Rights and Without Permits (Verdict 1107/Pid.Sus/2020/Pn.Tjk) Bambang Hartono; Zainudin Hasan; Nurul Shyashya
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.v7i2.36898

Abstract

The manufacture of low explosives without a permit is very dangerous. Not only with a permit that has been set more than the level of security of the explosives. This attack on the manufacture of low explosives without a permit has been formulated in the Emergency Law no. 12 of 1951 concerning Firearms and Explosives. This type of research used normative juridical and empirical juridical methods. Results Based on the research and discussion, it is known that the Investigation Process in the case of the Crime of Possessing Unauthorized and Unlicensed Bomb Explosives is in accordance with the Investigation Procedure according to the elements contained in the criminal act, namely Whoever, Investigation, Investigation, and Arrest. The process of proof in terms of proof is one of the important elements in criminal procedural law which determines whether or not a trial is guilty. Legal Consequences of the Crime of Possessing Unauthorized and Unlicensed Bomb Explosives based on evidence in court.
Restorative Justice against the Crimes of Murder based on Noodweer and Noodweer Exces Devanie Aulia Sherliantie; Margo Hadi Pura; Aryo Fadlian
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.v7i2.36899

Abstract

Cases of Noodweer and Noodweer Exces often occur in society, and it is often found that they are still can be a subject to criminal penalties. Article 49 of the Crime Code states that the Noodweer and Noodweer Exces are one of the reasons for the abolition of criminal penalties. Then, why are there still perpetrators of the crime of murder who carry out a Noodweer and Noodweer Exces can still be subject to criminal sanctions? Can this problem be solved through restorative justice? What is the judge's consideration in cases where the suspect commits a crime of murder and carries out an Noodweer and Noodweer Exces?. The presence of restorative justice as a new solution in resolving cases is one of the main keys in the process of resolving a criminal case that is fast, simple, and inexpensive. Based on article 49 of the Crime Code regarding the elimination of crimes against the perpetrators of the Noodweer and Noodweer Exces murders, Restorative Justice as a case settlement solution is expected to be applied in the Noodweer and Noodweer Exces cases in order to create an agreement on the settlement of a criminal case and obtain a fair and equitable outcome between the victim and the perpetrator.
Enforcement of Human Rights through Criminal Law Against Environmental Destruction Due to Batik Industry Activities Rayhan Fiqi Fansuri; Juan Matheus
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.v7i2.36900

Abstract

Water as one of the basic needs must be maintained both in quality and quantity. However, the occurrence of pollution in watersheds due to the influence of wastewater quality that exceeds the quality standard of wastewater can affect the carrying capacity of the environment around the river which has an impact on the violation of community rights to a good and healthy environment. One example of river water pollution occurred in the Bengawan Solo River due to the activities of the batik cloth industry in the Laweyan area. The pollution of the Bengawan Solo River is due to the lack of strict legal rules governing violations of waste water quality standards so that river water pollution is rampant and of course violates human rights for a clean and healthy environment. Currently, the article that regulates the violation of waste water quality standards is regulated in Article 100 paragraphs (1) and (2) of the Law on Environmental Protection and Management. To suppress the occurrence of river water pollution which is a violation of human rights, strict rules are needed by applying the principle of primum remedium. The research method used in this paper is a normative juridical method by examining secondary data with a statutory approach, a case approach, a conceptual approach, and a historical approach. For this reason, it is necessary to apply the principle of primum remedium to prevent river water pollution so that human rights for a good and healthy environment and obtain clean water can be enforced.
The Role of The Prosecutor as Executor of Court Decisions in Returning Confiscated Objects and State Spoils in Criminal Cases: Comparing Indonesia, Malaysia, Nigeria, and Thailan Ameerah binti Amir; Wahyu Nur Hanifah; Anis Widyawati; Ngboawaji Daniel Nte; Arthur Smith
Indonesian Journal of Criminal Law Studies Vol. 7 No. 1 (2022): Indonesia J. Crim. L. Studies (May, 2022)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v7i1.38373

Abstract

The execution of court decisions especially for confiscated objects and state spoils face some challenges in Indonesia. This research aims to find out the the executive of court decisions in the return of evidence, as well as what factors affect the presecutor as the executor of the court’s decision. The research questions formulated as first, what is the role of the presecutor in carrying out of the execution of the court's verdict on the return of evidence? and second, what are the factors that affect the presecutor as the executor of the court's decision in the return of evidence? The research method used in this research is qualitative research method with a type of socio-legal studies. This research found and highlighted that the execution of the court’s decision on the status of the evidence carried out by the Prosecutor after the adjudicator's decision has been signed. There are four factors that influence the level of effectiveness of the Prosecutor as the executor of court decisions with regard to evidence, including the legal factor itself, the community factor, the law enforcement officer factor, as well as the legal facilities and facilities factor. Various regulations have been drafted, however, none of them have explicitly regulated the threat of sanctions for prosecutors who do not immediately carry out executions, lack of coordination between related parties, and limited legal facilities and facilities are factors that affect the effectiveness of prosecutors in carrying out their duties.
Crimes of Genocide in the Viewpoint of International Criminal Law Dewa Gede Sudika Mangku; Ni Putu Ray Yuliartini; Ayu Nadya Gayatri; Seguito Monteiro
Indonesian Journal of Criminal Law Studies Vol. 7 No. 1 (2022): Indonesia J. Crim. L. Studies (May, 2022)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v7i1.38374

Abstract

Genocide is one of the crimes that are included in gross violations of human hights where this crime is related to ethnic cleansing which is also included in crimes against various political groups because it is difficult to identify which causes an international problem in a country. The crime of genocide in international criminal law is an extraordinary crime and is a prohibited act which was later included in the 1948 Genocide Convention, the statutes of the International Criminal Tribunals for the Former Yugoslavia (ICTY), the statutes of the International Criminal Tribunals for the Rwanda (ICTR) and the 1998 Rome statute. This study is intended to analyze the crime of genocide in the perspective of international law. This study found that the analysis and discourse of genocide in intersected with human rights theory and state responsibility. Genocide also highlighted as international crimes that are included in 4 (four) international crimes, namely genocide, crimes against humanity, war crimes, and crimes of aggression. In the Indonesian National Law Regulation, the Law of the Republic of Indonesia Number 26 of 2000 concerning the Human Rights Court in Article 7 states, the Crime of Genocide is a grave violation of human rights.
Imposing Additional Criminal Sanction of Chemical Castration against Child Sexual Violence Perpetrators Firda Yanis Hardianti; Emmilia Rusdiana
Indonesian Journal of Criminal Law Studies Vol. 7 No. 1 (2022): Indonesia J. Crim. L. Studies (May, 2022)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v7i1.38375

Abstract

This paper aims to examine the fulfillment of the requirements for implementing the judge's decision Number: 69/Pid.Sus/2019/PN Mjk in providing additional punishment in the form of chemical castration and rationalization of the Indonesian Doctors Association (IDI) in approving the implementation of the decision. The results of the study indicate that the conditions for implementing the decision No. 69/Pid.Sus/2019/Pn Mjk in providing additional punishment for chemical castration has been fulfilled, because the conditions for the imposition of additional punishment in the form of chemical castration are imposed after the convict has served the principal sentence in accordance with Article 81A paragraph (1) of Law Number 17 of 2016 concerning child protection. The reason IDI is obliged to approve the implementation of Decision Number: 69/Pid.Sus/2019/PN Mjk is that when a regulation is included in the legislation, this provision is perfectly binding and must be obeyed. So, in practice, when a doctor is asked to perform chemical castration, the doctor must do so because this provision is a legal order and there is a justification for this. The decision Sus/2019/PN Mjk is when a regulation is included in the legislation, this provision is perfectly binding and must be obeyed.
A Criminalization of Civil Servant in Case of Neutrality Violations in a Regional Head Election Emmilia Rusdiana; Rizkiyah Putri Maharani
Indonesian Journal of Criminal Law Studies Vol. 7 No. 1 (2022): Indonesia J. Crim. L. Studies (May, 2022)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v7i1.38376

Abstract

This study aims to validate and analyze the accuracy of sentencing the the defendant as the head of the service in fulfilling the elements of the legal subject as a Civil Servant, as well as legal proof of the defendant's actions which are considered beneficial or detrimental to one of the candidate pairs. Legal research with normative juridical, as well as statutory, case, and conceptual approaches and analyzed prescriptively. The accuracy of sentencing the the defendant in Decision Number 147/Pid.Sus/2018/PN.Sdr regarding legal subjects is based that the Panel of a judge s interprets ASN holding certain positions in government as ASN. The judge's considerations did not refer to the Civil Servant Law and the the defendant was a High Pratama Official, belonging to an Echelon 2 position, and this was based on the theory of a criminal responsibility that the actions taken by the the defendant were a burden of personal responsibility not the responsibility of the position. It has nothing to do with the main duties and official functions as Head of the Social, Civil and Population Registration Service, and not as a legitimate job order task. Legal proof of the the phrase "favorable" or "detrimental" to one of the Candidate pairs is inappropriate, because it is not based on the benefit or harm is a formal offense so it does not need to be proven because there is a potential loss and at the same time the theory of economics analysis of law on the principle of optimization, proving cost-benefit analysis, the principle of balance, and the principle of efficiency.
Criminal Liability in Prison Fire Case: A Case Study of Class I Tangerang Prison Fire Supriyono Supriyono; Ahmad Yulianto Ihsan
Indonesian Journal of Criminal Law Studies Vol. 7 No. 1 (2022): Indonesia J. Crim. L. Studies (May, 2022)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v7i1.38377

Abstract

The existence of Correctional Institutions is part of the criminal system in Indonesia. The criminal law policy which is not yet ideal and the management of prisons that are not optimal have caused over capacity in all prisons. Therefore, in the event of a prison fire disaster, mitigation and rapid evacuation of the inmates cannot be carried out and cause death toll. When there are inmates who die as a result of a prison fire, of course, there must be a party who is responsible politically, sociologically and juridically. This study aims to determine criminal liability in prison fire cases based on the Criminal Code, Law Number 12 of 1995 concerning Corrections and other laws and regulations. This research uses normative juridical research method. Based on the results of the study, it can be seen that politically and sociologically those responsible for the fire incident were government officials who handled prison affairs, namely the Minister of Law and Human Rights, the Director General of Corrections, and the head of the prison. While juridically those responsible for the prison fire incident were the perpetrators who were found guilty either by intention or negligence, namely the prison officer for general affairs who handled prison electricity and the prison warden on duty when the fire occurred. To prevent prison fires from causing the inmates to die, it is expected that the government, will improve prison management and carry out criminal law policy reform to improve the criminal system in Indonesia.

Page 13 of 15 | Total Record : 146

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