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INDONESIA
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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Reformulating Criminal Law Policy on Child Perpetrators of Human Trafficking in Indonesia: A Child Victim-Offender Approach Alendra Alendra; Said Rizal; Roswita Sitompul; Tommy Leonard; Nurul Hidayat Ab Rahman
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.v11i1.42124

Abstract

This study analyzes criminal law policy and the reformulation of regulations concerning children as perpetrators of prostitution in human trafficking in Indonesia. Current laws, notably the Anti-Trafficking in Persons Law and the Juvenile Criminal Justice System Law, create a normative and practical dilemma: the Anti-Trafficking in Persons Law focuses on retributive punishment, while the Juvenile Criminal Justice System Law emphasizes child protection, diversion, and rehabilitation. However, existing studies have not sufficiently addressed the legal ambiguity of children simultaneously acting as perpetrators and victims in trafficking cases. This divergence generates ambiguity in determining the legal status of child offenders, resulting in inconsistent enforcement and potential injustice. Using a normative juridical approach, the study proposes the Child Victim Offender concept, recognizing that children may act as both perpetrators and victims based on their participation, coercion, and socio-psychological circumstances. Recommendations include harmonizing the Anti-Trafficking in Persons Law and the Juvenile Criminal Justice System Law, clarifying definitions, establishing criteria for child culpability, and applying limited retributive sanctions integrated with rehabilitative guidance and social reintegration. This approach balances law enforcement with child protection, strengthens justice for victims, and supports responsive, child-centered criminal law reform aligned with national and international obligations.
Legal Implementation of Compensation Policies in Recovering State Losses from Corruption Ricci Ricci; Mella Ismelina Farma Rahayu; Ade Adhari
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.v11i1.45051

Abstract

Asset tracking and confiscation of assets from corruption crimes committed by three law enforcement agencies have not shown satisfactory results. This study uses a normative legal research method (doctrinal legal research) with a primary focus on corruption cases. This research method was adopted because the payment of Replacement Money in corruption cases has not been fully implemented optimally. Many corruption cases still impose additional penalties in the form of Replacement Money, and corruptors transfer assets to third parties before the state confiscates them. This study uses 3 (three approaches, namely the conceptual approach, the statutory approach, and the case approach. The results of this study indicate that the payment of Replacement Money in corruption cases aims to recover state losses by ratifying Law Number 7 of 2006 on the Ratification of the United Nations Convention on the Eradication of Corruption, 2003. This is done to implement a reverse-verification process for prospective officials before they take office. The practice of paying compensation in corruption cases, which are economic crimes, should prioritise fines or similar penalties. If the perpetrator of corruption fails to pay the fine or compensation, law enforcement (prosecutors), as the implementing agency, will form a team to track down the embezzled assets and seize them to compensate the state for losses.
Digital Evidence Management in the Criminal Justice System: Towards a Fair and Technology-Responsive Legal Framework Ismail Marzuki; I Gede Widhiana Suarda; Fendi Setyawan; Reece Walters
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.v11i1.47067

Abstract

The increasing reliance on digital evidence in criminal justice proceedings poses new challenges for legal systems that were traditionally built to deal with physical and conventional evidence. With the development of information technology, digital data such as electronic communications, digital traces, and cyber forensic artefacts have become an important part of criminal case evidence. This article presents a conceptual analysis of the urgency of fair and technology-responsive digital evidence management in the criminal justice system. Through a literature review of legal theory, international practices, and national regulations, this paper identifies significant legal gaps, particularly in data authenticity, the chain of evidence, the validity of evidence, and the protection of privacy rights. In its novelty, this article proposes a five-pillar model for the governance of digital evidence, encompassing the principles of legality, evidence integrity, procedural justice, legal digital literacy, and institutional accountability, as an integrated framework to strengthen the management of digital evidence in Indonesia. This model provides a systematic approach that not only focuses on the technical aspects of digital forensics but also integrates legal normative standards, institutional capacity building, and the protection of fundamental rights within the criminal justice process. The scientific contribution of this research lies in its effort to bridge the conceptual gap between the principle of procedural justice and digital forensic practices within the criminal justice system, thereby supporting the realization of a legal framework that is responsive, transparent, adaptable to technological advancements, and oriented toward the protection of human rights. Ultimately, this article calls for a legal framework that not only accommodates the characteristics of digital evidence but also protects defendants' fundamental rights in criminal proceedings.

Page 17 of 17 | Total Record : 163

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