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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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Ambiguity of Adultery Concept (Zina) in Criminal and Justice System (A Comparison between Indonesia, Pakistan, and Turkey) Agustya Catur Mahendra
Indonesian Journal of Criminal Law Studies Vol. 4 No. 1 (2019): Indonesia J. Crim. L. Studies (May, 2019)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v4i1.36296

Abstract

Indonesia is a country that has an ideological foundation, namely Pancasila, while Turkey is a country that has a foundation of ideology of Kemalism. Every country must have a different ideological foundation and certainly has a different legal system, as well as the country of Pakistan. In this article, what will be discussed is regarding adultery. Adultery is intercourse between men and women who do not have a legitimate marriage bond according to religion, adultery also can defined sexual relations between men and women who are not bound by marital relations. In the book Bidayatul Mujtahid it is stated that adultery is intercourse that occurs not because of a legitimate marriage, not because of false marriage, nor because of ownership (of slaves). Sahal Mahfudz expressed the opinion of the Imams of the School of Understanding adultery with three main points of understanding. Such understanding has been agreed upon by the scholars. Adultery is the path to damage that can lead to human descent from noble to despicable degrees. In Indonesia, adultery is a crime stipulated in article 284 of the Criminal Code, the article applies if one of the adulterers has been bound to marriage, so for those who are not bound by marriage cannot be criminalized, in article 284 of the Criminal Code as a criminal offense with a prison sentence of up to nine months, with the following conditions; He who is an adulterous wife is being aware that article 27 of the Criminal Code applies to him and married women who commit adultery. In the country of Turkey, adultery is not a criminal act, it is based on secular Turkish ideology and considers that sexual relations are a private area, but adultery can be a cause or an excuse to file a divorce. This makes the perpetrators of adultery who have not or are not bound by marriage do not have any impact or risk of the adultery that they have committed. Whereas in Pakistan, zina acts are adjusted to existing Islamic law.
THE PREVENTION OF NEGATIVE CONTENT BY USING VPN (VIRTUAL PRIVATE NETWORK) TOWARDS WEBSITE THAT IS BLOCKED BY THE GOVERNMENT Wahyu Nugroho; Ismunarno Ismunarno; Budi Setyanto
Indonesian Journal of Criminal Law Studies Vol. 4 No. 2 (2019): Indonesia J. Crim. L. Studies (November, 2019)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v4i2.36297

Abstract

This research aims to know how is the prevention of negative content that is accessed by using VPN towards website that is blocked by the government through Indonesian National Police and the obstacle of its prevention. The research conducted is non-doctrinal research, which is a research to know some practical situations. This research uses primary and secondary data. Primary data is direct interviews with the Indonesian National Police and Ministry of Communication and Informatics to know blocking efforts and regulations of applications missuse. Secondary data is obtained by literature studies. The government has blocked websites with negative content based on Minister of Communication and Informatics Regulations Article 19 years of 2014 about Handling of Websites with Negative Content. Government-blocked websites can be opened with VPN applications. Indonesian National Police's step in handling the missuse of VPN applications to access negative content is with the prevention efforts. There is no device missuse regulations yet makes an obstacle to prevent represively. Ministry of Communication and Informatics begins to regulate the utilization of VPN application in the terms of licensing.
THE ROLE OF THE COMMUNITY IN LAW ENFORCEMENT ERADICATION OF CORRUPTION CRIME Sri Wulandari
Indonesian Journal of Criminal Law Studies Vol. 4 No. 2 (2019): Indonesia J. Crim. L. Studies (November, 2019)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v4i2.36298

Abstract

The aspirations of the community in eradicating criminal acts of corruption are very much needed and have an important role as social control. Therefore, efforts to prevent and eradicate corruption need to be intensified by continuing to uphold human rights and the interests of society. Law Number 20 Year 2001 concerning Amendment to Law Number 31 Year 1999 concerning Eradication of Corruption, formulating it explicitly as a formal crime means that even though the results of corruption have been returned to the perpetrators' countries, they are still submitted to the court and the judicial process applies the burden of proof in reverse. which is limited or balanced. It turns out that in this Law the defendant's statement is not a strong evidence because it is only a means of supporting existing evidence, this provision actually becomes a weakness in eradicating criminal acts of corruption. Because the position of a strong defendant's information will become evidence legal and legal basis for judges to impose a crime.
RANDOM WRONGFUL CONVICTION AND EXONERATION, RARE COMPENSATION: A NEED FOR A COMPENSATION STATUTE IN BANGLADESH Mohammad Saidul Islam
Indonesian Journal of Criminal Law Studies Vol. 4 No. 2 (2019): Indonesia J. Crim. L. Studies (November, 2019)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v4i2.36299

Abstract

It is extremely difficult, not impossible, to determine the number of wrongful conviction in Bangladesh, mainly for the lack of initiative by the government and want of awareness among general people, advocates, rights groups, judges and others. It can undoubtedly be said that in Bangladesh many unjustly convicted are spending their lives in prison with intolerable sufferings and some of them have been released without any compensation. By analyzing the judicial decisions of the High Court Division of the Supreme Court of Bangladesh, the paper tries to highlight the frequency of wrongful conviction and exoneration in Bangladesh. This study also focuses the sufficiency of the present statute or tort law for compensating the unjustly convicted persons and highlights how better compensation can be ensured to the wrongfully convicted individuals in Bangladesh after consulting the statutes and States` practices of USA, UK, Canada, Australia, and India.
URGENCY OF REGULATION REFORM OF BRIBERY OFFENCE AT PRIVATE SECTOR IN INDONESIA Nabila Ayu Umari; Diana Lukitasari; Ismunarno Ismunarno
Indonesian Journal of Criminal Law Studies Vol. 4 No. 2 (2019): Indonesia J. Crim. L. Studies (November, 2019)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v4i2.36300

Abstract

This research aims to assess the urgency of regulation reform of bribery offence at private sector in Indonesia. This study used doctrinal research methods with prescriptive characteristic. The approach used is legal approach. The legal substances used in this study are primary and secondary legal materials. The techniques of collecting legal materials are by library research and analysis techniques of legal materials using deduction methods. The results showed that the arrangement of bribery in private sector offences in Indonesia still has various problems with the unenactment of Law Number 11 of 1980 on Bribery Offences effectively and impressed forgotten. KPK has attempted to revise the Corruption Act through the Corruption Criminal Act Draft which included articles relating to bribery in private sector offences by adopting the provisions of Article 21 UNCAC. However, the Corruption Criminal Act Draft still lacked a shortage of passive bribery offences.
THE STUDY OF MUTUAL LEGAL ASSISTANCE MODEL AND ASSET RECOVERY IN CORRUPTION AFFAIR Muhammad Rustamaji; Bambang Santoso
Indonesian Journal of Criminal Law Studies Vol. 4 No. 2 (2019): Indonesia J. Crim. L. Studies (November, 2019)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v4i2.36301

Abstract

The release of Indonesia Corruption Watch stated that the value of state losses due to corruption cases increased significantly from 2016 to 2017. Through Sociolegal research, this study utilizes a purposive random sampling technique. Data collection techniques used in-depth interviews, observation, documentation and Focus Group Discussion. The data analysis technique uses Miles and Huberman’s interactive analysis. Based on the new mechanism, this study succeeded in revealing the positive aspects of the regulation of seizure of assets resulting from corruption in foreign countries based on the Mutual Legal Assistance Agreement. The research produced findings on the functioning of law enforcement agencies and related institutions in Indonesia in an effort to seize assets resulting from corruption and money laundering stored abroad. In more detail, based on the conception of the reality of cooperation, it is known that in the context of eradicating criminal acts of corruption, failure to return assets resulting from corruption can be said to reduce the 'meaning of punishment' against corruptors. The development of such thinking implies that the eradication of corruption lies not only in the prevention and punishment of corruptors, but also includes actions that can restore asset recovery due to extraordinary crimes. Deprivation of assets resulting from corruption is primarily carried out abroad through Mutual Legal Assistance is a mechanism of international cooperation relating to investigations, prosecutions, and hearings in court proceedings in accordance with the provisions of the state legislation requested.
IMPLEMENTATION OF PENAL MEDIATION IN THE PERSPECTIVE OF PROGRESSIVE LAW (STUDY AT THE SEMARANG CITY POLICE DEPARTMENT) Sri Hartanto; Indah Sri Utari; Ridwan Arifin
Indonesian Journal of Criminal Law Studies Vol. 4 No. 2 (2019): Indonesia J. Crim. L. Studies (November, 2019)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v4i2.36302

Abstract

Criminal Law has the characteristics of a double-edged sword, because on one side it protects the victim but on the other side deprives the rights of the perpetrators. Therefore, the settlement of cases through criminal lines becomes ultimum remidium because Criminal Law is used as a last resort in solving criminal cases. One form that emerges today is the Penal Mediation effort which is used as a form of settlement of criminal cases, especially for insignificant crimes. The paper analyzes and looks deeper into the implementation of penal mediation at the Police level, in the Semarang City Police Department. The research uses an empirical juridical method with a research location in the city of Semarang. The research underlines that in the implementation of media penalties at the police level is carried out through a Progressive Law framework. In its implementation, the police must base on the principle of conflict resolution, process-oriented, and the process is informal. One of the penal mediation forms implemented and applied by Semarang City Police Department is on domestic violence cases, where the principle that is put forward is Victim Offender Mediation. This study concludes that the implementation of media penal is one form of restorative justice in Indonesia.
THE IMPLEMENTATION OF SOCIAL WORK ASSIMILATION FOR PRISONERS Diah Puspita Rini
Indonesian Journal of Criminal Law Studies Vol. 4 No. 2 (2019): Indonesia J. Crim. L. Studies (November, 2019)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v4i2.36303

Abstract

This research explaining what the basic idea of the non-legal the need for the assimilation of the indonesian social work , explains how the implementation of assimilation for social work convicts in indonesia .This study adopted qualitative approaches and the kind of research juridical sociological perspective.Research focus is the basic idea of the non-legal the need for the assimilation of the indonesian social work , how the implementation of assimilation for social work convicts in indonesia .The source of the data used was primary and secondary data , data collection technique interviews and the literature study .The results of the study are the basic idea of the non-legal assimilation work society is coaching the assimilation of social work required for the inmate so that they will if can be brought in again by the community.This is in accordance with the purpose of criminal justice namely the theory which joint criminal the only but not the social work.The implementation of the assimilation of social work is in accordance with the applicable regulation .The factor that hinder from this research are rules that were not clear in tehnisnya regulate matters of the implementation of the assimilation of social work .Drawing conclusions of the study are the basic idea of the non-legal assimilation society is the work for the establishment of a convict so that they will not excommunicated if free the people and not repeat the appalling crimes he committed .The implementation of assimilation for social work convicts across indonesia in accordance with The Minister of Law and Human Rights of the Republic of Indonesia Number 3 Year 2018.
PARALEGAL EXISTENCE IN PROVIDING ACCESS TO JUSTICE FOR THE POOR IN CENTRAL JAVA Cahya Wulandari; Sonny Saptoajie Wicaksono; Umi Faridatul Khikmah
Indonesian Journal of Criminal Law Studies Vol. 4 No. 2 (2019): Indonesia J. Crim. L. Studies (November, 2019)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v4i2.36304

Abstract

The lack of Legal Aid Implementers compared to Legal Aid Recipients is expected to hamper access to justice for the poor. Therefore this research aims to provide space for Paralegals especially in the Law Faculty of UNNES to be able to provide free legal assistance outside the court of the poor in Central Java. This research will at least discuss two issues, namely 1) How is the existence of the Law Faculty UNNES Paralegal in a juridical and institutional manner in providing Legal Aid? and 2) What is the role of the Paralegal Faculty of Law at UNNES in providing Legal Aid to the poor in Central Java ?. The method used in this research is sociological juridical with a qualitative approach. The results of this study indicate that currently Paralegals can only carry out non-litigation Legal Aid. This happened because the Supreme Court based on Decision Number 22 P / HUM / 2018 had canceled the Paralegal's role in litigation. The role of Paralegals from UNNES Law Faculty students is as a facilitator or intermediary in accommodating complaints of cases and consultation from Legal Aid recipients to be conveyed to Legal Aid Providers namely lecturers who are members of the Center for Legal Aid Study, while the role of Paralegals from UNNES Law Faculty alumni is as an assistant or who helps Advocates in carrying out non-litigation Legal Assistance such as mediation, consultation, negotiation, advocating cases outside the court and making trial files. The provision of legal aid by the Paralegal is considered to be very helpful for Lecturers and Advocates in fulfilling access to justice for the poor.
Formulation Policy of Weekend Detention In Indonesia Criminal Law Reform Muhammad Thaufik Hidayat; Anis Widyawati
Indonesian Journal of Criminal Law Studies Vol. 5 No. 1 (2020): Indonesia J. Crim. L. Studies (May, 2020)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v5i1.36346

Abstract

The purpose of this study is to explain and describe how the formulation policy of weekend detention in Indonesia's positive law and how the formulation policy of weekend detention in the Indonesian criminal law reform in the future (ius constituendum). This research uses normative juridical method of research which is legal research conducted by examining the library material in the form of secondary data such as law or library material as well as other documents that support and data retrieval technique used is library research techniques and analysis of data used is interactive analysis model. The results showed that (1) criminal formulation policy the weekend detention in Indonesia's positive law of the arrangement in the correctional Institution is not regulated about the policy of weekend detention. However, in Indonesian positive law formulation has an assimilation program which is one of the programs in the actual criminal implementation almost resembles a weekend detention system. (2) The policy formulation of the weekend detention in the renewal of Indonesian criminal law (penal policy) can be done by the study of the law comparative countries such as France, Portugal, Vanuatu, Queensland and New South Wales that have implemented a relatively advanced prison system that is the weekend detention. The formulation of weekend detention that is expected to be valid in Indonesia in the future is to develop it firmly in the draft Penal code and paste it in article 65 the Draft Penal code or if the government is about to arrange codification in the law of criminal implementation, the weekend detention is entered in one of the types of criminal sanctions.

Page 8 of 15 | Total Record : 146

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