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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 163 Documents
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Reconciliation in Modern Penal Policy: a Strategy for Removing Guilt and Criminal Responsibility Umi Rozah; Heru Susetyo; Aldi Yudistira; Jaco Barkhuizen
IJCLS (Indonesian Journal of Criminal Law Studies) Vol. 11 No. 1 (2026): Indonesia J. Crim. L. Studies (May, 2026)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v11i1.34366

Abstract

The Indonesian Criminal Code (KUHP), enacted on December 6, 2022, establishes the principles of guilt and criminal responsibility in Article 36, while simultaneously expanding the scope of criminal liability beyond the requirement of the offender's fault. This provision opens the possibility of imposing criminal liability without fault (strict liability). In relation to the termination of prosecution, the KUHP also accommodates the settlement of disputes outside the court through a reconciliation mechanism. The inclusion of this provision has encouraged the researcher to examine the fundamental idea of out-of-court dispute resolution through reconciliation, and to conceptualize the ideal mechanism of reconciliation as a penal policy for eliminating guilt and criminal responsibility within the framework of modern penal policy. This study employs a normative juridical approach. The findings indicate, first, that the fundamental idea of out-of-court dispute resolution through reconciliation lies in harmonization, the protection of victims, and the avoidance of the negative impacts of imprisonment. Second, the reconciliation mechanism must be carefully considered, and this research proposes a categorization of out-of-court dispute resolution in order to provide legal certainty.
Initial Model of the SAHABAT Web-Based Application as an Innovation in Digital Legal Counselling for Promoting Legal Awareness Yenny Aman Serah; Purwanto Purwanto; Febrianawati; Resmaya Agnesia Mutiara Sirait; Agustinus Astono
IJCLS (Indonesian Journal of Criminal Law Studies) Vol. 11 No. 1 (2026): Indonesia J. Crim. L. Studies (May, 2026)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v11i1.34374

Abstract

The limitations of conventional legal counselling, due to access, cost, and time constraints, create a need for more effective digital media to increase public legal awareness. The main issues examined are the need for local governments and the Regional Offices of the Ministry of Law to develop effective digital legal counseling media, and how the initial design of the SAHABAT application can be proposed as a website-based innovation to realize legal awareness. The purpose of this study is to describe institutional needs and design a preliminary model for the SAHABAT application. The method used is empirical legal research with a sociological jurisprudence approach, employing interviews and questionnaires with legal educators and village heads, and using descriptive-qualitative analysis. The results show that the SAHABAT application can provide interactive, participatory, and easily accessible legal education. The novelty of this research lies in the concrete design of the SAHABAT application as a digital legal counseling medium that reflects the theories of legal effectiveness, responsive law, and progressive law.
Community Service Order in Indonesia: Between Alternatives and Transformation in the Reconstruction of the Penal System Didik Purnomo; Anis Widyawati; Bhanu Prakash Nunna; Rasdi Rasdi; Muhammad Azil Maskur
IJCLS (Indonesian Journal of Criminal Law Studies) Vol. 11 No. 1 (2026): Indonesia J. Crim. L. Studies (May, 2026)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v11i1.34493

Abstract

The integration of community service orders into the national criminal justice system indicates a shift away from a punitive approach dominated by incarceration toward the use of non-custodial sanctions more oriented toward rehabilitation and social reintegration. Nevertheless, studies systematically linking normative constructions, institutional readiness, and the community's role in their implementation remain relatively limited. This study aims to analyze the normative construction and institutional readiness for the application of community service as a substitute for short-term imprisonment, and to assess its consistency with criminal justice reform in Indonesia. This study uses a normative juridical method with a legislative and comparative approach, through an analysis of national legal regulations and practices in several countries that have institutionalized community service orders. The results of the study show that although the normative framework is relatively comprehensive, its implementation effectiveness is greatly influenced by the consistency of judges' decisions, the readiness of the supervision and guidance system, and the level of collaboration between law enforcement officers and the community. The main challenge lies in the limitations of probation infrastructure and the tendency of a still prison-oriented penal culture. This study offers an innovation in the form of an integrative framework that links normative design, institutional capacity, and social participation as prerequisites for effective implementation. Thus, community service orders can be understood not only as an alternative to imprisonment but also as a policy instrument that can support the development of a penal system that is more proportional, rehabilitative, and oriented towards social reintegration.
Resolution of Environmental Crimes by the Dayak Ngaju Indigenous Community through the Huma Betang Principle Nuredy Irwansyah Putra; Marcus Priyo Gunarto
IJCLS (Indonesian Journal of Criminal Law Studies) Vol. 11 No. 1 (2026): Indonesia J. Crim. L. Studies (May, 2026)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v11i1.35985

Abstract

This study examines the mechanisms for resolving environmental crimes practiced by the Dayak Ngaju indigenous community in Central Kalimantan, focusing on the Huma Betang principle as the foundation of their social and ecological values. Using a normative legal approach and the theoretical frameworks of De Voy and Leopold Pospíšil, the research reveals that Dayak Ngaju customary law is not only socially legitimate but also represents a form of living law that effectively maintains environmental balance and resolves conflicts through collective consensus. The Huma Betang principle, emphasizing communal solidarity, harmony with nature, and deliberation-based decision-making, serves as the cornerstone for both the imposition of sanctions and ecological restoration. The findings underscore the importance of recognizing customary law within the framework of legal pluralism and highlight the need to integrate indigenous legal systems into the national legal order to strengthen ecological justice and enhance the effectiveness of environmental law enforcement.
Reforming Criminal Sentencing: The Installment-Based Imprisonment Model as an Equitable Alternative Siswanto Siswanto; Ariesta Wibisono Anditya
IJCLS (Indonesian Journal of Criminal Law Studies) Vol. 11 No. 1 (2026): Indonesia J. Crim. L. Studies (May, 2026)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v11i1.36046

Abstract

This study examines the normative and theoretical foundations of installment-based imprisonment as a progressive alternative in contemporary sentencing reform. It argues that a modular custodial model can enhance fairness, proportionality, and flexibility by addressing major criticisms of conventional imprisonment, particularly socio-economic inequality, structural rigidity, and the limited capacity of prison sanctions to support restorative goals. Using normative legal research, this study combines statutory, conceptual, comparative, and futuristic approaches to analyze legal materials and identify both doctrinal limitations and future reform opportunities. Through a descriptive-prescriptive framework, the research maps the current legal landscape and formulates recommendations for restructuring custodial sanctions in line with equitable punishment, penal rationality, and individualized justice. Content analysis is employed to reveal recurring patterns, normative inconsistencies, and tensions within existing sentencing practices. The findings suggest that installment-based imprisonment could reduce prison overcrowding, lessen the socio-economic harm caused by continuous incarceration, support reintegration, and promote more humane penal policies without undermining offender accountability. It also encourages sentencing adaptability and prevents excessive punitive consequences in practice. By integrating doctrinal analysis, comparative perspectives, and forward-looking legal reasoning, this study concludes that installment-based imprisonment offers a viable and ethically grounded model for criminal sentencing reform.
Reconstructing Criminal Liability in Trademark Law: Lessons from Indonesia and Spain I Gede Agus Kurniawan; Ni Ketut Supasti Dharmawan; Putu Aras Samsithawrati; Anak Agung Ayu Ngurah Sri Rahayu Gorda; Antonio Gutiérrez-Pozo
IJCLS (Indonesian Journal of Criminal Law Studies) Vol. 11 No. 1 (2026): Indonesia J. Crim. L. Studies (May, 2026)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v11i1.36962

Abstract

This study examines the construction of criminal liability in trademark law through a comparative analysis between Indonesia and Spain. The main problem addressed is the limited effectiveness of Indonesia’s criminal trademark enforcement under Law Number 20 of 2016 on Trademarks and Geographical Indications, particularly due to its complaint-based offense model, unclear formulation of mens rea, limited scope of actus reus, and the absence of explicit corporate criminal liability and asset forfeiture mechanisms. The purpose of this research is to identify the similarities and fundamental differences in criminal liability frameworks in both jurisdictions and to formulate an ideal reconstruction model for Indonesia based on Spain’s best practices. This study employs normative legal research, drawing on conceptual and comparative approaches, by analyzing primary legal materials, legal doctrines, and relevant academic literature. The findings show that Spain provides a more coherent and effective criminal enforcement system through the integration of trademark crimes into the Código Penal, the application of public offenses, the requirement of commercial intent, the recognition of aggravated offenses, and explicit corporate criminal liability supported by additional penalties such as confiscation and business closure. In contrast, Indonesia’s current framework remains fragmented and less responsive to organized and digital-based trademark counterfeiting. This study concludes that Indonesia must reconstruct its criminal trademark provisions by shifting towards a differentiated public-offense model, strengthening the formulation of intent and commercial purpose, expanding digital enforcement coverage, incorporating protection for well-known unregistered marks, and establishing corporate criminal liability with comprehensive sanctions to ensure effective and proportional trademark protection aligned with international standards.
Cyber-Enabled Human Trafficking in Southeast Asia: A New Frontier of Exploitation Mochamad Kevin Romadhona; Sri Endah Kinasih; Eni Sugiarti; Rachmat Dimas Oktafenanda; Alaa Basil Baqer Alfadhel
IJCLS (Indonesian Journal of Criminal Law Studies) Vol. 11 No. 1 (2026): Indonesia J. Crim. L. Studies (May, 2026)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v11i1.37557

Abstract

Human trafficking in ASEAN has evolved into a hybrid system that combines traditional forms of exploitation with rapidly expanding digital infrastructures. Despite growing attention to trafficking and cybercrime, limited research explains how digital technologies structurally reshape trafficking operations across Southeast Asia. This study addresses this gap by analysing the intersection of trafficking and cyber-enabled crime, focusing on online recruitment, encrypted communication, and digital financial systems. The research employs a qualitative design integrating doctrinal legal analysis, comparative case studies, and socio-digital mapping of trafficking patterns across selected ASEAN countries. It draws on regional legal instruments, national regulations, and documented cross-border cases. The findings reveal that cyber-enabled trafficking accelerates victim recruitment, strengthens transnational coordination, and increases profitability through mechanisms such as scam compounds, livestreamed exploitation, and cryptocurrency-based laundering. At the same time, ASEAN responses remain constrained by fragmented cybercrime laws, limited digital forensic capacity, and weak cross-border cooperation. This study contributes an integrated analytical framework linking legal-institutional gaps with evolving digital practices and offers policy-relevant recommendations, including harmonised cybercrime definitions, enhanced regional data systems, and strengthened investigative collaboration.
Functional Immunity and Mens Rea: Rethinking Criminal Liability of Notaries as Public Officials Sri Ratu Ratna Intan; Agus Surono; Agung Iriantoro; Tetti Samosir; Ibrahim Abyan Loftus
IJCLS (Indonesian Journal of Criminal Law Studies) Vol. 11 No. 1 (2026): Indonesia J. Crim. L. Studies (May, 2026)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v11i1.40401

Abstract

The criminal prosecution of notaries for acts performed within their statutory duties raises a fundamental question regarding the proper boundary of criminal liability for public officials. In criminal law, liability is grounded in the principle of culpability, commonly expressed as nullum delictum, nulla culpa (no punishment without fault), which requires subjective fault as a prerequisite for punishment. This principle has long been emphasized by criminal law scholars such as Jan Remmelink and Moeljatno, who argue that criminal liability can arise only when fault is present and no exculpatory grounds exist. In the Indonesian context, this principle has been explicitly codified in Law No. 1 of 2023 on the Criminal Code, particularly under Articles 22 and 36–44, which emphasize fault-based criminal liability and the relevance of personal circumstances in determining culpability. Despite this normative clarity, the application of criminal law to notaries often raises doctrinal tension, especially when formal notarial acts are linked to unlawful outcomes without clear proof of intention, knowledge, or negligence. This article examines the criminal liability of notaries as public officials through the lens of mens rea and functional immunity to reassess the legitimacy of penal intervention against notarial acts. Employing a doctrinal and comparative legal approach, this research analyzes criminal liability theory alongside legal frameworks in Indonesia, the Netherlands, and France. The study finds that criminal liability must be strictly grounded in subjective fault, and that notarial acts performed within statutory authority require careful differentiation between formal duties and personal misconduct. The article argues that, rather than assuming the absence of liability, the assessment of notarial responsibility must be based on a structured evaluation of mens rea, while recognizing the need for proportional legal protection for acts performed within official capacity. This approach aims to prevent overcriminalization while maintaining accountability, thereby aligning the enforcement of criminal law with the fundamental principle of culpability.
Criminal Law Policy and Implementation Challenges of Chemical Castration in Indonesia Kodrat Alam; Hibnu Nugroho; Setya Wahyudi; Dwi Hapsari Retnaningrum; Fareed Mohd Hassan
IJCLS (Indonesian Journal of Criminal Law Studies) Vol. 11 No. 1 (2026): Indonesia J. Crim. L. Studies (May, 2026)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v11i1.40508

Abstract

This study analyzes the obstacles in implementing chemical castration as an additional sanction for perpetrators of child sexual violence in Indonesia. Using normative legal research with a statutory and conceptual approach, this study examines the limitations of regulations and institutional barriers to the implementation of chemical castration. The research findings indicate two main obstacles in the implementation of chemical castration: the lack of adequate treatment for sexual impulse disorders experienced by convicts and the refusal of doctors to act as executors of chemical castration due to ethical considerations. To address these challenges, this study proposes a reconstruction of criminal law policy by revising the mechanism for postponing the execution of chemical castration, adjusting rehabilitation measures for perpetrators deemed unfit for chemical castration, and expanding the scope of resources for chemical castration executors through police medicine. This reconstruction aims to ensure legal certainty, improve rehabilitation for convicts, and increase the effectiveness of criminal sanctions in preventing child sexual violence.
Recognition or Restriction: Dialectics of Customary Criminal Law in the Paradigm of Indigenous Communities Yoghi Arief Susanto; Mohammad Azzayyan Haykal Aditya; Ali Masyhar Mursyid; Edy Sujendro
IJCLS (Indonesian Journal of Criminal Law Studies) Vol. 11 No. 1 (2026): Indonesia J. Crim. L. Studies (May, 2026)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v11i1.41537

Abstract

The recognition of customary law in the New Criminal Code is like a double-edged sword: on one hand, it acknowledges customary law, but on the other, it imposes limitations cloaked in formalism. This study aims to identify customary criminal offenses that are still practiced in indigenous communities and to analyze the perspectives of indigenous communities regarding customary law as the basis for criminal punishment, unlike previous studies that were still conceptual in nature and lacked empirical support. Thus, this study presents an empirical perspective from indigenous communities regarding the recognition of customary criminal law in the New Criminal Code. The approach in this study is socio-legal, employing qualitative and interpretive analysis. The research was conducted using a purposive sampling method in Sembalun Village and Bangket Parak Village through in-depth interviews with traditional leaders and a literature review. This study concludes that the formalization of customary criminal law through local regulations has the potential to weaken its dynamic nature, given that, empirically, customary criminal law in Sembalun Village and Bangket Parak Village continues to evolve in response to the needs, values, and norms of the local community. Traditional leaders have responded positively to the recognition in the New Criminal Code, noting that customary law still holds greater binding power than state law. Therefore, the regulation of customary criminal law should be sufficiently affirmed in the general provisions of the Criminal Code as a guideline for judges in uncovering the living law within the community, without the need for further formalization through local regulations, to maintain a balance between state law and legal pluralism within Indonesian society.

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