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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 146 Documents
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EXISTENCE OF CRIMINAL LAW ON DEALING CYBER CRIME IN INDONESIA Ranty Mahardika Jhon
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/b69m5x33

Abstract

Cybercrime is a social phenomenon that opens the scientific horizons in the world of law, how a very terrible crime can be done by just sitting sweet in front of the computer. Cybercrime is a dark side of the advancement of information and communication technology that brings widespread implications in all areas of life as they are closely linked to economic crime and organized crimes. From several types of cybercrime, UN Congress X in Vienna established hacking as first crime. The question is whether a positive criminal law can reach cybercrime, there are at least two discourses developed among criminal law experts. First, cybercrime is not a new crime and is still affordable by the Criminal Code to deal with it. In this view the arrangement to deal with cybercrime should be integrated into the Criminal Code and not in its own laws. Secondly, this opinion states the need for renewal of criminal law by forming a new law governing cybercrime. This is based on the fact that this crime has characteristics different from conventional crime, while the existing criminal law instruments are still difficult to cope with the development of this crime. There are two interesting things to look at. First, the development of Information Technology and cybercrime. Second, concerning the existence of Positive Criminal Law in handling cybercrime in Indonesia.
COMMUNITY PARTICIPATION IN COMMUNITY DIVERSION PROGRAM Paramta Ayuningtyas
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/z9gvjf77

Abstract

Community Members had been participated in CDP as participant of fammily group discussion, guidance, supervision and empowerment of offender fammily. This research had purposes to know how important Community Members (Community Leaders, Religious Leaders, and Teacher) had been participated in Community Diversion Program (CDP) as effective solution to solve Juvenille Delinquency and how its community participation model on running CDP. The method used in this research is qualitative method and socio legal approach. In this research can be concluded that Community Members had important roles in CDP as partner of Parole Officer and other Law Enforcement Apparatus to held Community Based Corrections (CBC), is all about activities which refered to therapy program, supports, and supervision for offender. Partnership Model is community participation model which took high level of community participation in development program, such as CDP. So Community Diversion Program could be alternative solution to increase effectiveness of law enforcement in Juvenile Justice System in Indonesia, those effectiveness are decreasing number of recidivism and law enforcement resulted justice, utility and certainty.
CRIMINAL ENFORCEMENT FOR CHILDREN IN PROGRESSIVE STUDIES Hardanti Widya Khasna
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/d3d86q47

Abstract

This research has a purpose to know how exactly the implementation of crime against children under age that occurred in Indonesia, viewed from the of progressive law. The method of research used in this research is qualitative method with normative juridical approach. In this research can be determinated the result that in the enforcement of crime for children under age, the process is different with criminal law enforcement in general. From the settlement of the case as soon as possible, the investigator must be a child-specific investigator, the child's examination is conducted in a familial atmosphere, and the investigator is required to seek advice from the Counselor. This is in accordance with what has been mandated in Law Number 35 Year 2014 on the Amendment of Law Number 23 Year 2002 on Child Protection. In the future wish that society and goverment understand the meaning of real justice, that in the child crime, there is a value that need to be prioritised called restorative justice.
RENEWAL OF CRIMINAL LAW IN THE CUSTOMARY LAW Dhini Hindria Restuti
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: 10.15294/3fdxfw49

Abstract

This research aims to find out the position of customary law in the renewal of criminal law and also main difference between the Indonesia Criminal Code and Custom Criminal Law. The research method used in this research is qualitative normative juridical approach. In this research we are able to find the result, that is, if the Customary Law acts as the source of law in the Renewal of Criminal Law, then it can be seen from the angle of policy approach. First, as part of social policy. Second, as part of criminal policy.Third, as part o law enforcement policy. Then the main differences between the Indonesia Criminal Code and Custom Criminal Law lie in the subject of Law, deliberate or mistake, the crime doer, trial offence, nature of offence.
THE CRIMINAL LAW POLICY IN CASES OF CRIMINAL INFRINGEMENT MADE BY POLRI (POLICE OF REPUBLIC OF INDONESIA) MEMBERS (STUDY IN REGIONAL POLICE IN CENTRAL JAVA) Anggie Andhika A. Putri Lihu
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: 10.15294/3h09v028

Abstract

The Police of the Republic of Indonesia (Polri) has a role to realize the internal security of Indonesia. Many people consider that members of the Police who commit a criminal offense will not be prosecuted under the law as they should, and get protection from the Police institution itself. This study aims to determine the extent of criminal law policy in an effort to overcome criminal acts committed members of the Police either formulatively, applicative or executive. This research uses normative juridical method with empirical juridical approach to make this research more weighted. Normative juridical method is used to examine and analyze formulative policies related to criminal acts committed by Polri members, while empirical juridical approach is used to examine law enforcement practices against members of the Police who committed criminal acts in the territory of Regional Police of Central Java. The results of the study indicate that binding regulations for Indonesian citizens who commit criminal offenses both regulated in the Criminal Code of Indonesia and outside the Criminal Code of Indonesia, are also binding on the members of the Police who commit the crime. While the future criminal law policy regarding criminal acts committed by members of the Police has improved, although there are still some weaknesses that still need to be reviewed, in addition, also investigated the practice of criminal law enforcement against members of the Police who committed criminal acts. The results of this study attempt to straighten the view of the people of Indonesia who assume that every member of the Police who commit a criminal act will be protected by the Police institution itself.
The Implementation of Restorative Justice by Indonesian National Police Investigators in Traffic Accidents Resulting in Death Budi Utomo
Indonesian Journal of Criminal Law Studies Vol. 3 No. 2 (2018): Indonesia J. Crim. L. Studies (November, 2018)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v3i2.36241

Abstract

criminal justice system from investigation, prosecution, trial examination and execution of judgment which leads to criminalization, but in its development there is an alternative law enforcement desired by the justice seekers through restorative justice which prioritizes recovery at the original state as a result of the crime. Therefore, it is necessary to analyze the importance of restorative justice by Indonesian National Police Investigators in traffic accidents resulting in death, as well as its implementation. The theoretical concepts used are implementation, restorative justice, law enforcement, criminal law policy, justice, traffic accidents, and Police Investigators. Qualitative research approach, type of socio-juridical research, focuses on the importance of restorative justice and its implementation by Indonesian National Police Investigators in traffic accidents resulting in death. Location of research is in Resort Police of Semarang. Data sources are primary, secondary and tertiary. Data collection techniques were conduct through documentation, observation, and interviews. Data validity was using triangulation technique, data analysis technique using interaction analysis model. The results of research on the importance of restorative justice and its implementation by Indonesian National Police Investigators in traffic accidents resulting in death are analyzed through philosophical, sociological and juridical point of view, while its implementation is analyzed by the implementation model of George C. Edward III which shows that restorative justice has not been understood optimally by Indonesian National Police investigators and the community even though in reality have been practiced in the duties or daily life. The obstacles, namely the absence of legal restorative justice umbrella is firm and clear, still weak understanding of Indonesian National Police Investigators and the public, especially the parties related to the settlement of criminal cases through restorative justice. Efforts to overcome these obstacles, Police Investigators in the settlement of criminal acts through restorative justice refers to the rules that are directly or indirectly relevant, organizing socialization about restorative justice within the Indonesian National Police, especially Indonesian National Police Investigators, and the public. Based on the description above, it can be concluded that the importance of restorative justice can be seen from philosophical, sociological and juridical point of view, whereas in its implementation is influenced by four factors, namely, communication, resources, disposition, and bureaucratic structure. Suggestion of clear and firm regulation related to settlement of criminal case through restorative justice, especially traffic accident and the need to increase understanding of restorative justice by Indonesian National Police personnel, especially Indonesian National Police Investigator and society in general.
Gogoli's Penalty in Renewing Death Criminal Sanctions to Immigrants of Narcotics Crimes in Indonesia (Study on the Age of Buton) La Ode Bunga Ali; Muh Sutri Mansyah
Indonesian Journal of Criminal Law Studies Vol. 3 No. 2 (2018): Indonesia J. Crim. L. Studies (November, 2018)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v3i2.36242

Abstract

Currently, the country of Indonesia is experiencing unresolved narcotics problems. various efforts to eradicate and prevent narcotics have been done, but have not caused a deterrent effect in law enforcement. There is a difficulty in eradicating it to its roots, it becomes one of the obstacles experienced by our law enforcement officers, in this study using normative juridical research method with historical approach, conceptual approach which has been studied the customary criminal sanction which is applicable during the reign of the Buton sultanate and obstacles in the application of gogoli punishment. The results of this study indicate that the renewal of national criminal law in relation to criminal sanctions may originate from customary law prevailing in the sultanate of buton as intended is gogoli punishment, while the concept of gogoli punishment is a rope encircled on the body of a person convicted and withdrawn by in opposite direction until the loss of endurance or death, the punishment is included in the type of death penalty, this is relevant to immigrants who commit a narcotics criminal act in Indonesia which has been sentenced to death several times but apparently until now still not cause effects, the authors has the hope that the punishment can be applied nationally considering narcotic criminal acts that occur almost throughout the region and will damage the morale of the nation today.
Study of Penal and Non-Penal Approach on Prevention of Corruption in Indonesia Qurrotu Aini
Indonesian Journal of Criminal Law Studies Vol. 3 No. 2 (2018): Indonesia J. Crim. L. Studies (November, 2018)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v3i2.36243

Abstract

Criminal policy can be interpreted in the narrow sense that criminal politics is described as a whole principle and method, which is the basis of the reaction to violations of laws in the form of criminal. And in a broad sense this is the overall function of law enforcement officials, including the workings of the court and the police. While in the broadest sense it constitutes the whole policy, which is carried out through legislation and official bodies that aim to uphold the central norms of society. Factors Underlying the Occurrence of Corruption Crime: a) Lack of salary for Civil Servants compared to needs that are increasingly increasing. b) Background of Indonesian culture or culture which is the source or cause of widespread corruption. c) Poor management and less effective and efficient controls that will provide opportunities for people to corruption. d) Modernization breeds corruption. Briefly the causes of corruption include 5 (five) aspects, namely: a) Individual Aspects of Actors, b) Aspects of Organizations / institutions, c) Aspects of society, d) Aspects of law enforcement and legislation, and e) Political Aspects. Efforts to prevent corruption through legal policies with means of reasoning and non-reasoning. Penal facilities include, a) Criminal Law Book (wetboek van Strafrecht) January 1, 1918; b) WvS in the 1915 Staatblaad Number 752 dated 15 October 1915; c) Law number 74 of 1957 in conjunction with Law Number 79 of 1957, d) Provisional Constitution of 1950, e) Government Regulation in lieu of law Number 24 of 1960 concerning Investigation, Prosecution and Corruption Criminal Investigation, f) Law number 1 of 1960, g) Law Number 24 Prp of 1960 concerning Investigation, Prosecution and Corruption Criminal Investigation, h) Law Number 3 of 1971 concerning Eradication of Corruption Crime; i) MPR XI / MPR / 1998 Tap concerning the implementation of a clean and free country of corruption, collusion and nepotism; j) Law number 28 of 1999 concerning State settlements which are clean and free of KKN which includes provisions on criminalization of collusion and nepotism offenses, k) Law number 31 of 1999 concerning the eradication of criminal acts of corruption, l) Law number 20 of 2001 concerning amendments to Law Number 31 of 1999 concerning the Eradication of Corruption Crimes that took effect from 21 November 2001, m) Law Number 30 of 2002 concerning the Corruption Eradication Commission. Efforts to deal with non-criminal crimes can be in the form of: a) Non-criminal prevention (Prevention without punishment), b) Influencing the public's view of crime and punishment through mass media (influencing views of society on crime and punishment mass media).
Study of Penal Policy on Chemical Castration Sanction on Child Sexual Crimes Cases in Indonesia Krismiyarsi Krismiyarsi
Indonesian Journal of Criminal Law Studies Vol. 3 No. 2 (2018): Indonesia J. Crim. L. Studies (November, 2018)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v3i2.36244

Abstract

In Article 28 B paragraph (2) of the Constitution of the Republic of Indonesia, it is stated that the State guarantees the rights of children to survival, to grow and develop and to protect them from violence and discrimination. Along with the rapid flow of globalization and the negative impact of the development of information technology and telecommunications, sexual violence against children is increasing. The Indonesian Child Protection Commission (KPAI), stated that in 2015 there were 218 cases, in 2016 there were 120 cases, and in 2017 there were 116 cases. To address the phenomenon of sexual violence against children, the President of Indonesia issued a Government Regulation in Lieu of Law No. 17 of 2016, which was subsequently upgraded to Law namely Law No. 17 of 2016 concerning Stipulation of Government Regulation in lieu of Law No. 1 of 2016 concerning the second Amendment to Law No. 23 of 2002 concerning Child Protection becomes Law. The contents of criminal offenses against perpetrators of criminal acts of sexual violence against children can be subject to additional criminal sanctions in the form of announcing the identity of the perpetrators, and can be subjected to acts of chemical castration accompanied by rehabilitation and installation of electronic detectors. The basic consideration for the issuance of this Perppu is to minimize sexual crimes, give a deterrent effect to perpetrators of sexual crimes and prevent any intention for anyone to commit sexual crimes. However, the issuance of this Perppu invites pros and cons of how to implement it, considering that until now there has been no further Government Regulation regulating, especially the Indonesian Medical Association has refused to do chemical castration. This paper wants to explore the existence of the Perppu seen from the study of criminal law politics.
Legal Policy on Human Trafficking Crimes Abdul Rahman Prakoso; Putri Ayu Nurmalinda
Indonesian Journal of Criminal Law Studies Vol. 3 No. 2 (2018): Indonesia J. Crim. L. Studies (November, 2018)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v3i2.36245

Abstract

The crime of human trafficking still become problem in people's lives. Human trafficking undertaken includes the process of hiring up to the act of buying and selling people. The existence of Law Number 21 of 2007 concerning the Eradication of Crime of Human Trafficking as protection for trade acts. The legal policy in the realm of human trafficking is not only about central government elements but also related to the policies issued by the local government. The law as an existing regulatory instrument in Indonesia is based on the existence of regional policy to protect its citizens. Trafficking cannot be separated from various parties. This concernsvarious aspects of the community elements involved in it. There is a need for comprehensive prevention to avoid trafficking. In this case both the office and the law enforcers must play a role in the prosecution and protection of trafficking.

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