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<![CDATA[Assimilation Rights as a Right of Correctional Citizens: A View of the Indonesian Criminal Justice System ]]>
<![CDATA[Mohammad Ashraff]]>
<![CDATA[ IJCLS (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.v6i1.38394
<![CDATA[The criminal justice system in Indonesia has the final stages in the criminal justice process. Correctional services in carrying out coaching for people convicted in the judicial system which previously adopted a prison system with the intention of making prisoners have a deterrent effect on what he did. Prisoners provide guidance in the correctional institution in accordance with the authority and main duties of the correctional institution, which provides services in the form of fostering people who are undergoing a criminal period to be accepted back into the community The inmates who carry out the guidance have a number of rights granted by the state. The guarantee for the granting of this right has been regulated in a formal legal instrument so that its implementation is a constitutional obligation. Correctional assisted residents have rights, one of which is assimilation. Assimilation is given as a commitment to the correctional model that is formed to achieve social reintegration. The function of a prisoner must be returned to the community in accordance with the ideals of the prison, namely so that the inmates can carry out socialization again to the community. Assimilation given has a number of terms and conditions that apply. At the coaching stage, assimilation is the final stage of coaching, to be ready to be released again and to process socially in the community.]]>
<![CDATA[The Fulfilment of Workers' Rights in the Dimension of Human Rights based on Indonesian Manpower Law ]]>
<![CDATA[Ali Imron]]>;
<![CDATA[Hermawan Rizki Humawa]]>
<![CDATA[ IJCLS (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.v6i1.38395
<![CDATA[Every worker has the right to earn an income that meets a decent living for humanity, which is regulated in Article 88 paragraph (1) in Law Number 13 of 2003 concerning manpower. However, in reality there are still many companies that ignore the rights of their workers' wages, which should be a normative right that must be fulfilled by the employers of the workers themselves. There are still many companies that fulfill the rights of workers / laborers themselves, which are still very concerning and there are still many companies that ignore the rights of the workers themselves. Which in itself is a current employment problem. And we often see that many layoffs that occur in Indonesia are caused by the dissatisfaction of an entrepreneur with the performance of his workers. In this case it is due to the unfulfilled rights of the workers themselves, especially from the fulfillment of wage or salary rights. With the fulfillment of workers' rights, this can have many positive impacts that occur between employers and workers themselves. In addition to enhancing the harmonious relationship between employers and workers, this can improve the welfare of the workers' economy and will show a good quality of performance for the company and devote all their loyalty to the company. Before carrying out work where the employer provides it, it is necessary to establish a work agreement and a collective labor agreement between the employer and the worker, in which this is done to protect what should be the right of both parties. And no less important, the problem related to the field of occupational health, is that during a work relationship which is a legal relationship, workers must receive insurance for their health.]]>
<![CDATA[Sexual Offences Against Women: India's Legal Perspective ]]>
<![CDATA[Ashok Kumar Behera]]>
<![CDATA[ IJCLS (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.v6i1.38398
<![CDATA[The concept of equality and nondiscrimination is placed on account of the Indian constitution. Besides, it also enables the state to adopt different measures of affirmative discrimination in favor of women. Laws tend to be gradual, focusing on detailed forms of brutality rather than dealing expansively with all forms of hostility against women. When the law is input, there is frequently feeble law enforcement. Complementary to that the stable throws away to the woman's children, which as an element from having an adverse result on their health also creates an emotional background for them in which they cannot protect against any bodily bloodshed or a number of forms of injustices.]]>
<![CDATA[Parental Responsibility Toward Child as Criminal Offender in Indonesian Criminal Reform ]]>
<![CDATA[Hatma Aditya Jananuraga]]>;
<![CDATA[Irma Cahyaningtyas]]>
<![CDATA[ IJCLS (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.v6i1.38399
<![CDATA[Parents as the first guardian of the child make their role irreplaceable for children. The negligence of parents in interpreting their role as caretakers of children can have an impact on children's development. True children do not have the ability to plan a crime. ABH is more accurately seen as a victim. This study reveals the responsibility of parents to child offenders of criminal offenses in Indonesian law today and its reforms in the future. This study uses a qualitative approach and normative juridical research methods. Code No. 11 of 2012 concerning the Juvenile Criminal Justice System implies the use of Restorative Justice in every settlement of juvenile crime. There is no formal legality of parents' responsibility for criminal acts committed by children, however, the Law on the Criminal Justice System for Children only regulates the responsibility of parents in the form of compensation in terms of diversion. The principle of Vicarious Liability can be applied to child crimes in the future. The principle of Vicarious Liability can be clearly stated in the regulations relating to juvenile punishment. The principle of vicarious liability can be applied to parents for criminal acts committed by children in the context of the transfer of criminal acts, based on legal objectives, namely justice, certainty and legal usefulness in the application of criminal law in Indonesia.]]>
<![CDATA[The Concept of Corporate Criminal Liability in the Law on Information and Electronic Transactions ]]>
<![CDATA[Hartoto Suci Rahayu]]>;
<![CDATA[Diana Lukitasari]]>
<![CDATA[ IJCLS (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.v6i1.38400
<![CDATA[The development of cyber crime gives birth to new facts that corporations can become perpetrators of criminal acts, therefore it is necessary to impose criminal responsibility on the corporation. The purpose of this research is to find out the criminal responsibility of corporations in Law Number 11 of 2008 in conjunction with Law Number 19 of 2016 concerning Electronic Information and Transactions. The type of research in writing this journal is normative or doctrinal by using a statutory approach and taking primary and secondary legal materials. Law Number 11 of 2008 in conjunction with Law Number 19 of 2016 concerning Electronic Information and Transactions adopts the doctrine of identification in imposing criminal liability on corporations. In addition, actions against the law by the management and / or staff of the corporation can be subject to criminal liability based on the doctrine of vicarious liability.]]>
<![CDATA[The Discourse of Procedural Criminal Law on Follow the Money Concept in Indonesian Anti-Money Laundering Act ]]>
<![CDATA[Annas Firdaus]]>;
<![CDATA[Ridwan Arifin]]>
<![CDATA[ IJCLS (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.v6i1.38401
<![CDATA[Money laundering is an act attempts to conceal or disguise the origin of money/funds or wealth proceeds of crime through a variety of financial transactions in order to money or possessions that looked as if it came from a legitimate activity or legal. The term money laundering has been known since 1930 in the United States when the mafia buys a legitimate company and officially as one of its strategies. These illicit funds not only could damage the market, but also detriment the market, and always do not contribute towards the long-term economic development and stability of the markets where the fund is hidden. Problems of money laundering in English known as money laundering. Money laundering in Indonesia today has developed so alarmingly and requires serious treatment by law enforcement officials at both the police and the institutions established by the Anti Money Laundering Act, namely Transaction Reports and Analysis Center (INTRAC). This paper is intended to analyze the discourse of procedural criminal law on the following the money concept in the money laundering tracking process. This paper confirmed that some different interpretation and limitation has become one of the problems on money laundering tracking process. Especially on follow the money scheme in procedural criminal law. Moreover, it is also emphasized that some judgments have not enough power because of unclear determination in counting the amount of money laundering and counting the losses.]]>
<![CDATA[Preliminary Examining Judges in Indonesian Criminal Procedure Reform: Lessons from Australia’s Committal Hearings ]]>
<![CDATA[Kukuh Dwi Kurniawan]]>;
<![CDATA[Pujiyono Pujiyono]]>;
<![CDATA[Irma Cahyaningtyas]]>;
<![CDATA[Hasnan Bachtiar]]>
<![CDATA[ IJCLS (Indonesian Journal of Criminal Law Studies) Vol. 11 No. 1 (2026): Indonesia J. Crim. L. Studies (May, 2026) ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/ijcls.v11i1.25017
<![CDATA[This study examines Indonesia’s Preliminary Examining Judges (PEJ) and compares them with Australia’s committal hearings. We ask whether the PEJ can better protect human rights and prevent abuses of authority in Indonesia’s criminal justice system. Using a qualitative comparative approach, we analyze the PEJ in the 2012 Draft Criminal Procedure Code and Australia’s committal hearings, drawing on statutes, scholarly articles, and related regulations. We find that although the 2025 draft Code did not adopt the PEJ, the concept remains relevant and worth implementing. The Preliminary Examining Judge can improve the efficiency of the legal system by supervising investigations and ensuring only well-founded cases proceed to court. Operating at the pre-investigation stage with broad powers to direct inquiries and name suspects, the PEJ reflects the inquisitorial civil law tradition. By contrast, Australia’s committal hearings occur post-investigation and assess the evidentiary sufficiency for higher courts, consistent with the common-law adversarial model.]]>
<![CDATA[Customary Council Decisions as Grounds for the Elimination of Prosecution: Notes on the Criminal Procedure Code ]]>
<![CDATA[Aris Hardinanto]]>;
<![CDATA[Zico Junius Fernando]]>;
<![CDATA[Nahdiya Sabrina]]>;
<![CDATA[Eka Nugraha Putra]]>;
<![CDATA[Benny Sumardiana]]>
<![CDATA[ IJCLS (Indonesian Journal of Criminal Law Studies) Vol. 11 No. 1 (2026): Indonesia J. Crim. L. Studies (May, 2026) ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/ijcls.v11i1.31803
<![CDATA[This article examines whether decisions issued by customary councils should constitute a legal ground for the elimination of prosecution under Indonesia’s Law No. 20 of 2025 on the Criminal Procedure Code. Following the enactment of Law No. 1 of 2023 on the National Criminal Code, customary criminal law has been formally recognized as part of Indonesian living law. However, the Criminal Procedure Code does not provide procedural provisions governing the relationship between customary justice mechanisms and the state criminal justice system. Using normative legal research with statutory and case approaches, this study analyzes Supreme Court jurisprudence recognizing customary decisions as a valid basis for eliminating prosecution. The findings indicate that the lack of procedural recognition creates legal uncertainty and undermines the principle of legal pluralism. Therefore, this article proposes the inclusion of a specific provision in the Criminal Procedure Code that recognizes customary council decisions as a ground for eliminating prosecution when the offender has complied with the imposed customary sanction.]]>
<![CDATA[Diversion in Child Sexual Violence Cases: A Comparative Study of Indonesia and Norway ]]>
<![CDATA[Irabiah Junus]]>;
<![CDATA[Taslim Fait]]>;
<![CDATA[Anis Ribcalia Septiana]]>;
<![CDATA[Indar Ismail Jamaluddin]]>;
<![CDATA[Yodang Yodang]]>
<![CDATA[ IJCLS (Indonesian Journal of Criminal Law Studies) Vol. 11 No. 1 (2026): Indonesia J. Crim. L. Studies (May, 2026) ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/ijcls.v11i1.33389
<![CDATA[This study examines the implementation of diversion in child sexual violence cases in Southeast Sulawesi, Indonesia, and compares it with restorative justice practices in Norway. Despite the growing adoption of diversion under Law No. 11 of 2012 on the Juvenile Criminal Justice System, its application in sexual violence cases remains controversial and inconsistent. Using a qualitative approach based on interviews and document analysis, this study finds that diversion practices in Indonesia are constrained by victims' consent, socio-cultural factors, and limited institutional capacity. At the same time, Norway demonstrates a more structured, welfare-oriented restorative model. The study highlights the need for clearer guidelines and stronger victim protection mechanisms to ensure a balanced approach to justice.]]>
<![CDATA[Penal Policy on Digital Defamation: A Comparative Study of Indonesian and Malaysian Law ]]>
<![CDATA[Hartanto Hartanto]]>;
<![CDATA[Syakdiah Syakdiah]]>;
<![CDATA[Dwi Astuti]]>;
<![CDATA[Daniil Alimpeev]]>
<![CDATA[ IJCLS (Indonesian Journal of Criminal Law Studies) Vol. 11 No. 1 (2026): Indonesia J. Crim. L. Studies (May, 2026) ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/ijcls.v11i1.34130
<![CDATA[The expansion of criminal defamation in digital space, particularly under Indonesia’s ITE Law, has raised concerns over disproportionate restrictions on freedom of expression compared to neighboring jurisdictions such as Malaysia. This study aims to examine how Indonesia and Malaysia regulate criminal defamation and to identify key differences in their penal policies. The central issue is whether reliance on criminal law as a primary regulatory instrument leads to disproportionate interference with freedom of expression in both jurisdictions. This research employs a normative juridical method with a comparative law approach, analyzing Article 27A of Law No. 1 of 2024 (ITE Law), the new Indonesian Criminal Code, and Sections 499–502 of the Malaysian Penal Code, complemented by the Defamation Act 1957 and Constitutional Court Decision No. 105/PUU-XXII/2024. The findings indicate three principal differences. Indonesia maintains a broader scope of criminalization with imprisonment as a dominant sanction, whereas Malaysia tends to prioritize civil remedies. Malaysia also demonstrates more developed defenses grounded in public interest. At the same time, Indonesia’s approach remains less structured in distinguishing legitimate criticism from defamation and in translating principles of reputation protection into proportional legal standards. The study concludes that Indonesia’s current framework risks over-criminalization and requires reform to ensure proportionality. Criminal sanctions should be applied as a last resort (ultimum remedium), supported by mandatory mediation and clearer normative boundaries.]]>
