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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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THE IMPLEMENTATION OF DISCRETION ON CRIMINAL SETTLEMENT IN THE THEFT CASES Muhammad Ikbal
Indonesian Journal of Criminal Law Studies Vol. 2 No. 1 (2017): Indonesia J. Crim. L. Studies (May, 2016)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/bsqnv685

Abstract

On criminal law enforcement in Indonesia based on the principle of legality, especially in the case of theft criminal acts is necessary understanding of the purpose of punishment.Theft is a crime that has been formulated in the Indonesian Criminal Code, under Article 362. But punishment is not always done although the formulation of the offense is met because it sees in terms of subjective considerations of law enforcement. This research is normative research, so all data obtained in this research using secondary data. The results of this research are on the application of discretionary in settlement of criminal cases in the case of theft guided by the purpose of punishment and theories in the implementation of criminal law enforcement. So it is more to settling disputes out of court by using restorative justice approach.
PROBLEMS OF CREATION CRIME THROUGH THE USE OF DEMOCRATIC DATABASE SYSTEMS IN E-ID Diana Lukitasari
Indonesian Journal of Criminal Law Studies Vol. 2 No. 2 (2017): Indonesia J. Crim. L. Studies (November, 2017)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/bds7me27

Abstract

This study aims to analyze the policy of crime prevention based on population database system in E-ID program. This research uses normative research method use legislation and conceptual approach. The legal materials use primary and secondary legal materials which analyzed deductively. The result of the study explains that the E-ID database system that contains the complete information of a citizen, including the criminal record should be a reference in the prevention of crime that has been done. The policy model is to integrate the e-ID card program as an integrated population administration system with police agencies, prosecutors, and especially prisons. Law enforcers will easily get information related to each person's resident document. The document will also include a track record of someone who is constantly updated at all times who will help the community to monitor the actor of crimes.
COMMUNITY OF CHILDREN INMATES AND ASSISTANCE SYSTEM IN THE PENITENTIARY: The Impact of Child Social System to the Assistance Process at Kutoarjo Children Penitentiary Indah Sri Utari
Indonesian Journal of Criminal Law Studies Vol. 2 No. 2 (2017): Indonesia J. Crim. L. Studies (November, 2017)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/1eknpr45

Abstract

The community of inmates children as a unique and unique social system is difficult to understand when viewed only from the outside, so it is necessary to systematically attempt to know the values, norms, relationships, and objectives-through where and with what they are living, and understand both their own experiences and the world in which they live. The situational system of the inmates children as human beings (although in this case is the child) to be fostered, is one of the important elements in the whole process of assistance in the Penitentiary is no exception to the Children Penitentiary in Kutoarjo. The entire penitentiary system design, from the assistance program, the assistance mechanism, and the assistance implementation, is actually determined by the circumstances and the reality of the people who are to be fostered, the inmates. The reality of the children inmates who are always on the "social order" in their various communities is essentially constantly changing. Specifically, this study finds links between: the institutional reality of a children penitentiary, which includes the factual circumstances concerning facilities and infrastructure, and the administrative aspects of KutoarjoChildren Penitentiary. The reality of the member of KutoarjoChildren Penitentiaryin the form of identified number of occupants, placement systems, and formal and informal groupings of the targeted children in addition to the build and formed a community of the assisted children in Kutoarjo Children Penitentiary and the basic elements of the Social System of the Auxiliaries in all the community of assisted children and etc. As Soerjono Sukanto said that even though human "convicts" live in a confined state, they instinctively want to interact with fellow inmates. This instinct is referred to as "gregariousness" (Soekanto: 1998: 73), which in the last instance will give birth to so-called "social groups". In this context created social structure, social system, norms and so on.
REVOCATION OF RIGHTS TO BE ELECTED AND VOTE FOR A CONVICTED OF CORRUPTION Denny Ardiansyah
Indonesian Journal of Criminal Law Studies Vol. 2 No. 2 (2017): Indonesia J. Crim. L. Studies (November, 2017)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/f62nbk38

Abstract

The criminal act of corruption is a criminal act that has an extra ordinary impact on the stability of the nation and state. Because the impact of these crimes is very systemic and make enormous losses in the state finance sector. Some cases occurred an ex-convict corruption case, when it was out of running his penalty, it turns out to be more officials in the environment of his service. The purpose of this study is first to examine or analyze the formulation policy of revocation of the right to be elected and vote for convicted corruption, secondly To review or analyze the policies that can be applied in the formulation in the future. The research method used in this legal research is juridical-normative, with a policy-oriented approach. The model of analysis is Juridical Comparative, and also conducts Prescriptive Juridical Analysis. The first result of research Whereas basically the regulation concerning additional crime in the form of revocation of certain rights including the right to be elected and vote has been regulated in criminal code (KUHP) and constitution No 31 of 1999 about eradication of corruption crime. Secondly that although there has been renewal in RUU KUHP (Draft of Criminal Code) 2012 on additional criminal provisions can stand on its own, but with regard to the right to vote and to be elected is still unclear, so there is still a gap for criminals who finish criminal can become public officials again.
REFORMULATION OF THE CRIMINAL LIABILITY AS AN ACTOR OF ONLINE PROSTITUTION: A NORMATIVE STUDY Subaidah Ratna Juita
Indonesian Journal of Criminal Law Studies Vol. 2 No. 2 (2017): Indonesia J. Crim. L. Studies (November, 2017)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/e578gr88

Abstract

One of the rational efforts used to tackle online prostitution activity is with the approach of criminal law through criminal law formulation as a concrete form of criminal responsibility to the perpetrators of online prostitution. There is no provision that regulates the criminal to the users of online prostitution services because of the maximum prevention of online prostitution itself. If there is no national regulation governing the matter, online prostitution users will feel secure and remain free to buy services for their satisfaction alone, while it is contrary to various aspects of norms in the ethical norms of society. Therefore a criminal law is required, related to criminal liability for users of online prostitution services. The method used is normative juridical, ie by examining or analyzing secondary data using basic materials, with legal sense as a set of rules or positive norms in the legislation system that regulates prostitution online, as well as using secondary legal materials, and tertiary. So this research is library research (library research), that is research to secondary data. Thus, the juridical-normative approach in the study is used to analyze issues relating to criminal law reform regarding criminal liability to online prostitution actor.
CORPORATE CRIMINAL LIABILITY IN INDONESIA ON THE PERSPECTIVE OF COMPARISON Muchammad Chasani
Indonesian Journal of Criminal Law Studies Vol. 2 No. 2 (2017): Indonesia J. Crim. L. Studies (November, 2017)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jnxeam46

Abstract

The regulation of corporate criminal liability in Indonesia's criminal justice system is basically a new and still debatable issue. It is said that because in the Criminal Code is not recognized and regulated explicitly about the corporation as a subject of criminal law. This is a natural thing since the WvS Criminal Code still adheres to the principle of "societas delinquere non potest" or "non-potest university delinquere", that is, a legal entity can not commit a crime. Thus, if in a society there is a criminal offense, then the criminal act is deemed to be done by the board of the corporation concerned. Regarding the corporate criminal responsibility system in Indonesia, in the corruption law Article 20 paragraph (1), if the corporation committed a criminal act of corruption, then those responsible for the criminal act shall be the corporation only, the management only, or the corporation and its management. Thus, it can be said that the regulation of corporate criminal liability in the legal system in Indonesia is expressly only regulated in special criminal legislation, because the Criminal Code of WvS still adheres to the principle of "societas delinquere nonpotest" so it is not possible to enforce corporate criminal liability in it.
REVERSAL EVIDENCE POLICY ON CORRUPTION AS SPECIALIZATION OF CRIMINALIZATION Benny Sumardiana
Indonesian Journal of Criminal Law Studies Vol. 2 No. 2 (2017): Indonesia J. Crim. L. Studies (November, 2017)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/nab7gn39

Abstract

Corruption is an extraordinary crime, because corruption happens in all areas of life, and has been done systematically, accordingly extraordinary action is required. To overcome with the occurrence of various type of corruption that required a special strategy. In this article, the authors use normative juridical approach method, that is by doing observation and then review and analyze secondary data in the form of legal materials, especially primary law materials and secondary legal materials. The collected data, both qualitatively and quantitatively, is further classified according to the data types. After that, the results of the study are arranged in a systematic and coherent manner, using problem studies that are specific to take the basics of general knowledge. The conclusion will be drawn in response to the issues that raised in this paper. The legislation that has been regulated the reverse evidence of corruption is considered to be ineffective, in several regulation about corruption, only gratification acts that embrace pure inverse evidence, while others are not purely adherent, whereas the effectiveness of the system of reversal of the burden this evidence is very good if it can be implemented properly and based on strict rules, the problem that concerned in this study is, the contradiction between the presumption of innocence principle and the presumption of guilt principle underlying this evidentiary system. The ideal concept offered in this study is, with the renewal in the setting of the eradication of corruption, and ultimately embraces the reversal of the burden of evidence purely in the corruption trial by considering the concept of equilibrium.
REALITY OF PROTECTION FOR SEXUAL VIOLENCE VICTIMS: COMPREHENSIVE PROTECTION ANALYSIS FOR SEXUAL VIOLENCE VICTIMS Diandra Preludio Ramada
Indonesian Journal of Criminal Law Studies Vol. 2 No. 2 (2017): Indonesia J. Crim. L. Studies (November, 2017)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/320htr93

Abstract

Lack of research on victims, especially victims of sexual crimes, whereas cases of sexual crimes are increasingly prevalent in the community. Victim protection is urgently needed to address the increasing number of victims who are not immediately noticed as law enforcers pay more attention to the perpetrators, while victims who suffer physically and psychologically, materially and spiritually, are largely ignored. There are two things that make the offer of protection become important for the victim. First, how to make victims for whom the protection is held, they feel that they are given a sense of security and comfort as citizens protected from the evil that constantly lurks. Second, how to ensure that protection institutions can be achieved with adequate social, economic and cultural aspects. This research aims to find two important things: (1). Finding framework and system of victim protection innovation in Semarang (2). Find and understand the most urgent needs of victims for psychological and physical recovery so that victims can reactivate like other citizens. The benefit of this research is to provide scientific information about the opportunities and barriers to the application of innovative protection for victims in the environment. Thus, the institution can be built especially for victims of sexual violence, as well as the preparation of aspirative and compatible programs. The research method used is qualitative research that rely on information from the first hand, both concerning the application of innovation protection and efforts to find the framework of innovation, it will be pursued stages of research stages, ranging from the determination of the object and place of research, the determination of unit analysis and observation unit, to intensive research in the field. Preliminary information was collected through a survey with questionnaires and interview guides. In addition, focus groups will be set up based on the diversity of informants. The deepening of the data is done by combining in-depth interviews and focused discussions. The findings of this research will result in a model of protection that has legitimacy for the community. The protection model is in great demand and beneficial to victims who have not been noticed.
EDUCATIONAL CRIMINAL SYSTEMS FOR CHILDREN AS A CRIMINAL ACTOR Diah Ayu Wulandari
Indonesian Journal of Criminal Law Studies Vol. 3 No. 1 (2018): Indonesia J. Crim. L. Studies (May, 2018)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/w80teg47

Abstract

Children are part of the community, they have the same rights as other communities to be protected and respected. Any State anywhere in the world is obliged to give adequate attention and protection to the rights of the child, which include civil, economic, social and cultural rights. However, it seems that the status and rights of the children when viewed from a juridical perspective have not received serious attention either by the government, law enforcers or the public in general and are still far from what should be given to them. This condition is compounded by the weak implementation of the law on the rights of the child committed by law enforcement officers themselves. The rights of the child shall be respected by everyone. One of them is in the punishment system which until now sometimes still treats the children involved as perpetrators of such crimes as perpetrators of criminal acts committed by adults. The child is placed in a position as a criminal offender who deserves the same punishment as an adult and applies in Indonesia. Whereas punishment itself is more oriented to individual perpetrators or commonly referred to as individual responsibility (personal Individual Responsibility) where perpetrators are viewed as individuals who are able to take full responsibility for the deeds it undertakes. While the child is an individual who has not been able to fully realize the actions / actions that he did, this is because the child is an immature individual in thinking. Without realizing it, of course, can cause a great psychological impact on the child that ultimately affects the mental and mental development of the child.
PREVENTION EFFORT OF BULLYING AS CRIMINAL ACT TO CHILDREN Delta Egawasalis
Indonesian Journal of Criminal Law Studies Vol. 3 No. 1 (2018): Indonesia J. Crim. L. Studies (May, 2018)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/8dz49m14

Abstract

The purpose of this study is to determine what the efforts are made to get at the criminal act of bullying in children (children as perpetrators and victims). The research method used juridical normative. The result of this research is the bullying act in the underage children who often culminate on violence becomes a serious concern for society and government. Children are the next generation of the nation that must have the right protection and direction, so in confront bullying which leads to criminal acts that is done by the child must know what factors influence and what actions can be given to overcome them. Legal protection of child arrange in Code No. 23 of 2002 has been changed with Code No. 35 of 2014 concerning Changed Code No. 23 of 2002 concerning protection of child can be used to protect children from a legal snare that could ruin his future, so the punishment earned still obtain by using non-penal problem solving.

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