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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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Codifying Anti-Corruption Law in Indonesia: A Legal Necessity for Harmonization Sholahuddin Al-Fatih; Putri Shafarina Thahir; Norhasliza binti Ghapa
Indonesian Journal of Criminal Law Studies Vol. 10 No. 2 (2025): Indonesia J. Crim. L. Studies (November, 2025)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v10i2.22766

Abstract

This article aims to analyse the legal gap in anti-corruption regulations in Indonesia. Using legal research methods, this article reveals the many regulations that have the potential to hamper efforts to enforce corruption, so harmonization is necessary. The results of this research are findings regarding the urgency of harmonization of anti-corruption regulations, including; The Anti-Corruption Law, the Corruption Eradication Commission Law, UNCAC (ratified by Indonesian Government), the Money Laundering Crime Law, Criminal Code, and the Asset Confiscation Draft Law, which need to be codified into one integrated anti-corruption regulation.
Additional Criminal Revocation of Access to Online Communication Devices for Perpetrators of Electronic-Based Sexual Violence Maskun; Nur Azisa; Muhammad Mutawalli Mukhlis; M. Aris Munandar; Arnita Pratiwi Arifin
Indonesian Journal of Criminal Law Studies Vol. 10 No. 2 (2025): Indonesia J. Crim. L. Studies (November, 2025)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v10i2.23100

Abstract

Advanced technology and information create many new problems that conflict with the values of decency and applied law in society. One phenomenon that is currently occurring is electronic-based sexual violence. It shows that there is a new type of crime that takes advantage of access to online communication in the mass media. This act clearly violates the provisions of the law regulating criminal acts of sexual violence. Even though basic criminal sanctions have been regulated, there are still shortcomings in the regulations. There is a need for additional criminal sanctions for perpetrators of electronic-based sexual violence, known as revocation of the right to access online communication devices. This research uses normative legal research methods with a statute approach and case approach. This research will comprehensively examine criminal law policies and the urgency of additional criminal sanctions for handling electronic-based sexual violence crimes. This research aims to provide new legal prescriptions regarding the regulation of sanctions for perpetrators of sexual violence who use and utilize internet-based communication devices.
Juridical Analysis of Prosecutor's Error in Adding Articles to the Indictment Joko Susanto; Falikha Ardiyani Zjubaidi; Ignatius Henri Pelupessy; Mudassar Ali Mughal
Indonesian Journal of Criminal Law Studies Vol. 10 No. 2 (2025): Indonesia J. Crim. L. Studies (November, 2025)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v10i2.23747

Abstract

This research investigates the procedural legality and judicial consequences of the Public Prosecutor's (JPU) error in adding paragraph norms to the indictment, with a focus on Decision No. 8/Pid.B/2025/PN Smg. In the Indonesian criminal justice system, the indictment serves as the legal basis for the court’s decision. Errors in drafting the indictment can violate the rights of the accused and undermine the integrity of the legal system. In this case, the original charges referred to Articles 263(1), 264(1), and 266(1) of the Criminal Code. However, in the second indictment, the prosecutor added a paragraph stating that the defendant committed forgery of an authentic deed under Article 264(1), although this provision was not included in the original indictment. This study focuses on normative juridical research, also known as library or document study, which relies primarily on secondary data available in libraries. The study adopts a qualitative approach. The research found that the prosecutor's error was caused by a lack of understanding of legal provisions, external pressures, and tight deadlines in preparing the indictment. The addition of the paragraph created legal uncertainty, which could potentially erode public confidence in the justice system. Based on these findings, this research recommends continuous legal training for prosecutors, strengthening oversight mechanisms in the prosecution process, and imposing sanctions for negligence to improve the quality of prosecution, protect defendants' rights, and maintain the integrity of Indonesia's criminal justice system.
An Analysis of Indonesian Administration of Criminal Legislation as Instrument of Restorative Justice for Prisoners Uche Nnawulezi; Jacques Kabano; Fadhel Arjuna Adinda; Dorcas Adesola Thanni; Mary-Ann Onoshoke Ajayi
Indonesian Journal of Criminal Law Studies Vol. 10 No. 1 (2025): Indonesia J. Crim. L. Studies (May, 2025)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v10i1.23946

Abstract

This paper seeks to examine the extent to which restorative justice principles have been integrated into Indonesia's criminal justice process, particularly concerning sentenced offenders. However, in Indonesia, while criminal enforcement concerning the rights of suspects and accused individuals are provided in several legislations, the aspects of victims’ protection have remained unattended to. The paper therefore argued for the review of the administration of criminal justice legislations and retraining of officials under the criminal justice system in order to strengthen the justice system and her service delivery. While these reforms are widely regarded as an essential task’s, the paper explores the challenges encountered in implementing restorative justice for Indonesian Prisoners, especially at the investigation stage. The paper’s analysis revealed how law enforcement agencies, like the Indonesian National Police, can practically apply restorative justice principles to create more robust frameworks for its use. Drawing on the analysis of the paper, it argues that despite efforts made to promotes restorative justice, differences still exists between traditional criminal concepts and its applications in Indonesia. Examining the findings of the paper, it concludes that there is need to align investigative methods with restorative justice principles in order to be able to address minor offences effectively and improve community well-being.
Legal Culture, Environmental Non-Compliance, and the Persistence of Illegal Mining in Paningkaban Baginda Khalid Hidayat Jati; Esmi Warassih Pujirahayu; Teddy Asmara; Ridwan Arifin
Indonesian Journal of Criminal Law Studies Vol. 10 No. 1 (2025): Indonesia J. Crim. L. Studies (May, 2025)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v10i1.24008

Abstract

This study explores the socio-legal dynamics behind the persistence of illegal gold mining (PETI) in Paningkaban Village, Banyumas Regency, Central Java. Triggered by the July 2023 tragedy where eight miners perished, this research investigates why formal law enforcement has remained ineffective despite severe environmental harm. Using a qualitative socio-legal methodology with a hermeneutic approach, the study examines the intersection of legal culture and green criminology. Data were collected through in-depth interviews, field observations, and literature analysis. Findings reveal that PETI has been culturally legitimized through local philosophies like sadumuk bathuk sanyari bumi ditohi pati, a Javanese cultural expression emphasizing the sacred duty to protect one’s land and community, even at the cost of life. The study concludes that PETI is socially perceived as a legitimate survival strategy, highlighting the urgent need for culturally sensitive, participatory environmental governance rather than purely punitive measures.
Restorative Justice-Based Criminal Case Resolution: A Study at Restorative Justice Houses in Yogyakarta Cahya Wulandari; Lutvi Tri Cahyanto; Winarsih; Derita Prapti Rahayu; Muhamad Sayuti Hassan
Indonesian Journal of Criminal Law Studies Vol. 10 No. 1 (2025): Indonesia J. Crim. L. Studies (May, 2025)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v10i1.24071

Abstract

The retributive paradigm in criminal case resolution focuses on punishing the offender, often neglecting the victim's interests. This is evident in victims' limited role in court, where they primarily serve as witnesses and lack the authority to take meaningful action. Furthermore, the Indonesian legal system continues to prioritize imprisonment, resulting in incarceration for nearly all offenses, ranging from minor to severe, which contributes significantly to prison overcrowding. This study examined and analyzed the role of Restorative Justice Houses in Yogyakarta City in resolving criminal cases through a restorative justice approach. Such an approach is crucial, as it promotes social harmony and helps prevent larger societal conflicts. Therefore, it is essential to advocate for the broader implementation of restorative justice as a conflict resolution.
Legal Framework for Resolving Election Violations in Indonesia: Towards Electoral Justice Ali Umar Harahap; Achmad Busro; Ery Agus Priyono; Benny Sumardiana
Indonesian Journal of Criminal Law Studies Vol. 10 No. 2 (2025): Indonesia J. Crim. L. Studies (November, 2025)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v10i2.24541

Abstract

Dealing with electoral violations in Indonesia faces persistent challenges, including strict time limits for case resolution, limited effectiveness of sanctions, and weak coordination among law enforcement agencies. Social and political dynamics further complicate evidence gathering, undermining the integrity of the electoral process. Electoral justice is therefore vital, both as a guarantee of legal certainty and a safeguard for voting rights, institutional integrity, and democratic legitimacy. This research applies a normative juridical method combined with qualitative analysis of statutory regulations, scholarly works, and legal records. The results indicate that the main obstacles to enforcement involve regulatory time constraints, ineffective sanctions, and institutional coordination gaps, compounded by socio-political factors. Nevertheless, electoral justice remains essential to uphold the rule of law and ensure free, fair, and genuine elections. Strengthening regulations, enhancing law enforcement capacity, and raising public legal awareness are necessary steps to secure credible elections and maintain democratic legitimacy.
Embezzlement in the Private Sector: Legal Challenges and Regulatory Gaps in Corporate Governance Kiki Kristanto; Muhamad Adystia Sunggara; Mas Putra Zenno Januarsyah; Pita Permatasari; Vicko Taniady
Indonesian Journal of Criminal Law Studies Vol. 10 No. 2 (2025): Indonesia J. Crim. L. Studies (November, 2025)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v10i2.24881

Abstract

This study critically examines the issue of embezzlement in the private sector, a form of white-collar crime that continues to pose significant threats to corporate integrity, investor trust, and economic stability. Despite its prevalence and damaging consequences, legal responses remain fragmented both at the level of national legislation and international legal harmonization. Using a normative legal method with statutory, conceptual, comparative, and futuristic approaches, this research systematically analyzes the underlying legal and institutional deficiencies and formulates reform-oriented recommendations. Drawing on statutes, case law, academic doctrines, and cross-jurisdictional practices, the study identifies key regulatory gaps: the absence of a consistent legal definition of private sector embezzlement, weak enforcement mechanisms, and insufficient corporate accountability provisions. Comparative insights from jurisdictions such as the United States, Germany, and Singapore highlight the effectiveness of integrated models combining criminal sanctions, internal compliance obligations, and external oversight. In light of these findings, the study proposes targeted reforms in Indonesian corporate law particularly to clarify corporate criminal liability, mandate real-time internal controls, and establish independent ethics committees. These proposals are intended to guide lawmakers, regulatory bodies, and corporate policymakers toward developing more effective enforcement mechanisms and corporate governance structures. Ultimately, the study underscores that embezzlement is not merely a legal infraction but a systemic governance failure requiring coordinated legal, institutional, and ethical responses across national and international levels.
Urgency of Realizing Bystander Concept In Preventing Crime Victims Rani Hendriana; Agus Raharjo; Nabila Puspakesuma; Lintang Ario Pambudi
Indonesian Journal of Criminal Law Studies Vol. 10 No. 2 (2025): Indonesia J. Crim. L. Studies (November, 2025)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v10i2.26332

Abstract

Bystander Intervention has a strategic role in preventing crime, although psychologically, most people are more apathetic and morally do not take part in social responsibility. This research aims to explore Bystander Intervention as an ideal concept for preventing victims. As it has developed in other countries, it is important to realize Bystander Intervention in Indonesia through local wisdom values and criminal law norms. This research adopts a normative juridical approach, incorporating comparative, conceptual, and statutory approaches. It was revealed that Bystander Intervention is an ideal concept for preventing crime because it offers two forms of direct and indirect intervention. In some countries, this concept has been successfully developed with a programmatic approach through measurable training and Bystander Intervention education curriculum to encourage students and adults to prevent victims. Indonesia does not recognize the concept of Bystander. However, Articles 532 of the Criminal Code and 432 of the Criminal Code 2023 provide opportunities, and there is harmony between the concept of Bystander Intervention and local wisdom values involving the principles of kinship, cooperation, and helping. These opportunities need to be realized by encouraging the effectiveness of criminal sanctions and re-igniting local wisdom values while integrating them with international practices so that realization does not only rely on criminal sanctions but also programmatic approaches.
Blockchain Forensics and the Evidentiary Challenges of Crypto-Based Corruption in Developing Countries Dadang Herli Saputra; Fardana Kusumah
Indonesian Journal of Criminal Law Studies Vol. 10 No. 2 (2025): Indonesia J. Crim. L. Studies (November, 2025)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v10i2.28795

Abstract

This study explores the role of blockchain forensics in addressing evidentiary challenges arising from crypto-based corruption in developing countries. As cryptocurrencies become increasingly used to obscure illicit financial flows, traditional evidentiary mechanisms often fall short in tracing, authenticating, and prosecuting corruption involving digital assets. The normative legal research method is employed, using statutory, conceptual, comparative, and futuristic approaches to examine both the current limitations and future possibilities of legal frameworks. The research is descriptive-prescriptive in nature, aiming not only to describe the existing problems but also to propose legal reform strategies to enhance the capacity of law enforcement and judicial systems in handling crypto-related corruption. Through content analysis, the study compares how countries such as the United States and Estonia have integrated blockchain forensic tools into anti-corruption efforts, contrasting these with the institutional and regulatory challenges faced by developing nations such as Indonesia. Findings reveal that without clear legal standards for blockchain evidence, and without adequate cross-border cooperation, digital corruption will continue to exploit the evidentiary gaps in emerging legal systems. The study concludes by recommending the adoption of integrated legal-technical frameworks that recognize blockchain evidence, support forensic technology capacity building, and promote global alignment in anti-corruption strategies.

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