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146 Documents
<![CDATA[Penal Policy for Handling Illegal Fishing in Indonesian Exclusive Economic Zone Based on Pancasila ]]>
<![CDATA[Marimin Marimin]]>
<![CDATA[ Indonesian Journal of Criminal Law Studies Vol. 7 No. 1 (2022): Indonesia J. Crim. L. Studies (May, 2022) ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/ijcls.v7i1.38378
<![CDATA[This study discusses the policy of handling fisheries crime in Indonesia which does not run optimally between regulations and law enforcement. By using the normative juridical method by combining normative qualitative analysis and literature studies, in finding and formulating legal arguments in enforcing the law regarding the handling of fisheries crimes. The discussion of this article only focuses on regulations regarding law enforcement of fisheries crimes which have problems ranging from overlapping laws and regulations to conflicts between agencies that handle this problem, as well as criminal sanctions in the form of fines that are applied to perpetrators of illegal fishing. foreign flags are very low and there is no body confinement so that it does not cause a deterrent effect for the perpetrators. So it is necessary to make changes related to the handling of fisheries crime into a more effective form of regulation, because government policies have an important role in resolving illegal fishing legal issues in order to reduce the impact of state losses. Through policy reformulation starting from changes to laws and regulations, implementing regulations to the handling system, it can reduce the practice of illegal fishing in Indonesia.]]>
<![CDATA[Constitutional and Legal Framework of Women Empowerment in India ]]>
<![CDATA[Ashok Kumar Behera]]>
<![CDATA[ Indonesian Journal of Criminal Law Studies Vol. 6 No. 2 (2021): Indonesia J. Crim. L. Studies (November, 2021) ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/ijcls.v6i2.38380
<![CDATA[Our Constitution as ultimate law of territory and sufficient of legislations tried to reorganize their surroundings and supply assistance for security and their upliftments. The study is an attempt to review and fall out that there is complete constitutional and other legal arrangement to deal with issues of women empowerment. However, this research paper is limited to some legal provisions and interpretations of Indian Courts only. The jurisprudence of industrialization has confirmed the very important roles as tool of social justice. Equal Remuneration Act 1976 passed with the aim of equal pay for equal work both man and woman and contained that there will be no intolerance against employment of woman and promotes chance to them. Maternity Benefit Act 1961 provides protection to women workers maternity leave, extra leave for child infancy sufficient awareness to their security and strength of woman during pregnancy and lactation. Factories Act 1948 makes comprehensive requirements concerning health, safety and welfare of employment of women. Sec.25 of Beedi and Cigar Workers (Condition and Employment) Act 1966 laid down no woman shall be obligatory to manufacturing premises except between 6 a.m. and 7 a.m. and to make sure for safety of woman.]]>
<![CDATA[Investigation Policy on Crime of Unfair Business Competition After the Enforcement of the Omnibus Law ]]>
<![CDATA[Zubairi Zubairi]]>
<![CDATA[ Indonesian Journal of Criminal Law Studies Vol. 6 No. 2 (2021): Indonesia J. Crim. L. Studies (November, 2021) ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/ijcls.v6i2.38383
<![CDATA[Violations of Law 5/1999 may be subject to administrative and criminal sanctions. Administrative sanctions are imposed by KPPU, while for criminal sanctions it is not clear by whom. The legal problem is how are the investigation arrangements in Law 5/1999 in conjunction with Law 11/2020? and What is the investigation policy in the RUU Monopoly Practices?. This is a legal research with statute and conceptual approach. Primary and secondary sources were collected using the literature search and analyzed using a prescriptive method. The institution authorized to conduct investigations in Law 5/1999 in conjunction with Law 11/2020 is not clearly regulated whether from the Police or PPNS, in addition, legal subjects that can be investigated are not clearly regulated. Likewise, RUU Monopoly Practices does not improve the investigation arrangements. The only investigation setting is only in Article 39 paragraph (2) of the Monopoly Practices Bill which stipulates that KPPU in conducting searches and/or confiscations may request assistance from Polri and is not given other powers. Whereas RUU Monopoly Practices, but it is not clear how the investigation will be carried out. Suggestions for solving these legal problems are that Law 5/1999 needs to improve the investigation arrangements. Should be in English, maximum 250 words, contain the background of research, facts, research problems, method, findings, suggestions.]]>
<![CDATA[Effectiveness of Ship Sinking of Illegal Fishing in Term of the Improvement of Local Fishermen Income ]]>
<![CDATA[Muhammad Azil Maskur]]>;
<![CDATA[Ali Masyhar]]>;
<![CDATA[Bagus Hendradi Kusuma]]>;
<![CDATA[Anis Widyawati]]>
<![CDATA[ Indonesian Journal of Criminal Law Studies Vol. 6 No. 2 (2021): Indonesia J. Crim. L. Studies (November, 2021) ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/ijcls.v6i2.38384
<![CDATA[Illegal fishing in Indonesia is at an alarming point, that the Ministry of Maritime Affairs and Fisheries made a policy of ship sinking. There are pros and cons related to these sanctions, not even a little resistance from both the internal government itself and the mafia who have been enjoying the results of Illegal Fishing. The sustainability of this policy has been almost 4 years. Data represents that through this policy, illegal fishing has dropped dramatically, so that when viewed in terms of criminal penalties for deterrence (absolute theory), the policy is very effective. However, whether the policy has an impact on the income of local fishermen, logically, when there is illegal fishing of small fish, the income of local fishermen increases. In order to figure out the effectiveness of illegal fishing sanctions in relation to increasing local fishermen’s income, the researchers determined the location of the study in the Tambak Lorok Fishing Village in Semarang.]]>
<![CDATA[The Judge’s Consideration in Sentencing Illegal Drug Distribution in Case No.105/Pid. Sus/2019/Pn. Slw ]]>
<![CDATA[Aisy Idzati]]>
<![CDATA[ Indonesian Journal of Criminal Law Studies Vol. 6 No. 2 (2021): Indonesia J. Crim. L. Studies (November, 2021) ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/ijcls.v6i2.38387
<![CDATA[The rampant circulation of illegal drugs shows that the level of public awareness is still low against the risk of drug use that does not meet the requirements of BPOM. Case Number 105/Pid.sus/2019/PN.Slw is a case about illegal drug trafficking without permission from BPOM. This research was conducted to find out the considerations used by judges in sentencing in Case Number 105/Pid.sus/2019/PN.Slw. This study uses a qualitative approach. The type of research used is sociological juridical. Secondary data is collected through library studies. Primary data is collected through interviews. The results showed that the judge, in his decision, used balance theory, scientific theory and ratio decidendi theory in order to get a fair verdict in handing down the verdict.]]>
<![CDATA[Criminal Liability Political Parties in Criminal Acts of Corruption: Indonesia Korea Comparison ]]>
<![CDATA[Diana Lukitasari]]>;
<![CDATA[Hartiwiningsih Hartiwiningsih]]>;
<![CDATA[Rehnalemken Ginting]]>;
<![CDATA[Subekti Subekti]]>;
<![CDATA[Dian Esti Pratiwi]]>
<![CDATA[ Indonesian Journal of Criminal Law Studies Vol. 6 No. 2 (2021): Indonesia J. Crim. L. Studies (November, 2021) ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/ijcls.v6i2.38388
<![CDATA[Political parties are often in the spotlight because of the corrupt behavior of their members with the aim of party interests. The forms of criminal acts of corruption by cadres or political party administrators have various modes, including bribery, buying and selling positions, extorting strategic sectors, harming state finances, abuse of authority and misuse of budgets in development programs. Although there are many cases where political parties are suspected of being in the vortex of enjoying the proceeds of criminal acts of corruption, until now criminal responsibility is still borne by individuals, whether cadres or administrators of political parties. This study aims to provide an overview of the criminal liability arrangements of political parties in corruption in Indonesia and to conduct a comparative study of the accountability of political parties in Indonesia and South Korea. The research method used is non-doctrinal by taking secondary data sources with legal, conceptual and grammatical approaches. The results show that Indonesia still includes political parties as corporations, however, political parties in Indonesia are legal entities that cannot be held criminally responsible. South Korea is an example of a country that regulates criminal acts of political parties through their respective laws. In general, South Korea imposes criminal responsibility on persons or administrators of party members, not on the party itself.]]>
<![CDATA[Simple, Fast, and Low Cost Judicial Principles in Split Trials ]]>
<![CDATA[Dian Dwi Kusuma Astuti]]>
<![CDATA[ Indonesian Journal of Criminal Law Studies Vol. 6 No. 2 (2021): Indonesia J. Crim. L. Studies (November, 2021) ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/ijcls.v6i2.38390
<![CDATA[Split trial in practice collides with the principle of justice which is simple, fast, and low cost. The purpose of this study is to determine the application of the principle of simple, fast, low cost justice and to find out the ideal or effective concept of applying the principle of simple, fast, low cost justice in a split trial. The approach used is a qualitative approach. This type of research is juridical empirical. The data used are primary data and secondary data. Data obtained through interviews and literature study. The results showed that the implementation of the principle of simple, fast, low cost in a split trial is that the principle is not fulfilled optimally. Merging the examination process at the trial in the case of splitsing, can streamline the split trial by keeping the case files separate.]]>
<![CDATA[Juvenile Delinquency Criminogenic Factor ]]>
<![CDATA[Indah Rufiatun]]>
<![CDATA[ Indonesian Journal of Criminal Law Studies Vol. 6 No. 2 (2021): Indonesia J. Crim. L. Studies (November, 2021) ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/ijcls.v6i2.38391
<![CDATA[Children often commit unlawful acts. The causative factors of juvenile delinquency need to be known to prevent the occurrence of juvenile delinquency in the future. The purpose of this study was to explain the criminal forms of juvenile delinquency and explain the criminogenic factor juvenile delinquency. The type of research used is criminology research. Data sources are obtained from interviews, questionnaire deployments, and literature studies. The results showed that juvenile delinquency in Jepara Regency, in 2019 and 2020, in terms of crime decreased, but in terms of the severity of crimes committed by children increased. Encouragement from within the child and the surrounding environment that is less harmonious causes the child to do juvenile delinquency.]]>
<![CDATA[Legal Protection of Children in Armed Conflict in the View of International Humanitarian Law ]]>
<![CDATA[Dewa Gede Sudika Mangku]]>;
<![CDATA[Ni Putu Rai Yuliartini]]>
<![CDATA[ Indonesian Journal of Criminal Law Studies Vol. 6 No. 1 (2021): Indonesia J. Crim. L. Studies (May, 2021) ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/ijcls.v6i1.38392
<![CDATA[In an armed dispute, the protected persons include combatants and the civilian population. Combatants who have horse de combat status must be protected and respected in all circumstances. Combatants who fell into enemy hands gained the status of prisoners of war. Protection and rights as prisoners of war are regulated in Geneva Convention III of 1949. Meanwhile, civilians are entitled to protection as regulated in Geneva Convention IV of 1949. The legal protection given to children is more focused on the consequences of armed disputes that will affect or affect children. As part of the civilian population, children who do not participate in hostilities receive general protection without any adverse distinction based on ethnicity, nationality, religion, or political opinion, and are intended to alleviate the suffering caused by war.]]>
<![CDATA[Imposition of Sanctions Criminal Personnel for Torture in the Investigation Process ]]>
<![CDATA[Sonya Isabella Manik]]>
<![CDATA[ Indonesian Journal of Criminal Law Studies Vol. 6 No. 1 (2021): Indonesia J. Crim. L. Studies (May, 2021) ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/ijcls.v6i1.38393
<![CDATA[The aim of this research is to find out how the legal process for police officers who abuse suspects and how the process of arresting and examining suspects. The research used the normative juridical research method, and it is found that law enforcement against POLRI members requires a legal basis that is used as a formal juridical basis in committing a crime. The legal basis in question is the Criminal Procedure Code, namely Law No. 8 of 1981. In connection with the subject that is a suspect or defendant is a member of the National Police, besides the Criminal Procedure Code, there are several other regulations that are used as a juridical basis in implementing legal proceedings against members of the Indonesian National Police who commit criminal acts as a legal basis are stipulated at some laws, such as Law Number 2 of 2002 concerning the Indonesian National Police, Law Number 14 of 2011 concerning the Professional Code of Ethics for the State Police of the Republic of Indonesia, and Government Regulation Number 3 of 2003 concerning the Implementation of General Judicial Institutional Techniques for Members of the Indonesian National Police. This research also highlighted that the task of arresting officers is carried out by the state police of the Republic of Indonesia by showing a letter of assignment and giving the suspect an arrest warrant stating the suspect's identity (full name, age, occupation, religion, and address/residence) and state the reasons for the arrest and a brief description of the criminal case suspected and the place where he was examined. In the event of being caught in the red, the arrest is carried out without a warrant, provided that the arrest must immediately hand over the person caught and the evidence available to the investigator or the closest assistant investigator.]]>
