Articles
146 Documents
<![CDATA[Legal Protection of Street Children for Exploitation in Criminal Law Perspectives ]]>
<![CDATA[Esa Arung Syuhada]]>
<![CDATA[ Indonesian Journal of Criminal Law Studies Vol. 5 No. 1 (2020): Indonesia J. Crim. L. Studies (May, 2020) ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/ijcls.v5i1.36348
<![CDATA[Article 34 paragraph 1 of the 1945 Constitution states that "the poor and neglected children are maintained by the state. The research method uses normative law, specifications of descriptive analytical research, primary data sources and additional data sources, primary data collection methods and secondary data sources, the method of presenting data is descriptive analytical, data analysis methods of legal material analysis techniques using content analysis.Research results show that the factors that cause the emergence of street children in the Kendal area are economic factors, unemployment, low parent income. The efforts of Kendal District Social Service in handling street children formally and non-formally in Kendal are Preventive Efforts, Repressive Efforts, Rehabilitation Efforts. Legal protection for street children who commit criminal acts committed by street children in the Kendal area, handling is done through open houses. To provide alternatives other than open houses, other forms of opportunity use criminal sanctions as a last resort. street children who do the shopping on the road can be arrested. Then it is accommodated and then given a kind of action (maatregel) with the judge's decision entered into a special penitentiary or rehabilitation institution.]]>
<![CDATA[Additional Punishment for Revocation of Political Rights to Corruption Prisoners in the Purpose of Punishment in Indonesia ]]>
<![CDATA[Sutrisno Sutrisno]]>;
<![CDATA[Dwi Haryadi]]>;
<![CDATA[Jeanne Darc Noviayanti Manik]]>
<![CDATA[ Indonesian Journal of Criminal Law Studies Vol. 5 No. 1 (2020): Indonesia J. Crim. L. Studies (May, 2020) ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/ijcls.v5i1.36351
<![CDATA[The application of additional punishment of the revocation of political rights in the form of voting and/or voting rights elected in the elections to the corruption convicts was as an attempt to eradicate the extraordinary Corruption of crime and part of severe punishment and a charge of corruption convicts. The purpose of this research, namely: first, to know and analyze the implementation requirements of additional punishment of revocation of political rights to corruption prisoners in the perspective of human rights; Second, to know and analyze the position of additional penalty for the revocation of political rights in the purpose of punishment in Indonesia. The type of research used is normative juridical research with a legal approach, conceptual approach, a case approach approach, and a comparative approach. The results of the study proved that: first, political rights can be classified in the right to freedom of thought and a conscience that is unable to be reduced under any circumstance and attached to the status of citizens. The application of the additional penalty was the act of degrading and dignity of corruption prisoners as citizens because of the impact on the elimination of Rights and the disclosure of political rights of corruption prisoners until its application does not meet the requirements of the restriction on human rights in the perspective of the relative-particulate matter; Secondly, the theory of the goal of punishment in accordance with Indonesian philosophy is correctional which is also a rationality of the implementation of prison sentence as does Law No. 12 of 1995 about Correctional. The position of additional penalty for revocation of political rights is as an instrument of conforming or contrary to the purpose of punishment in Indonesia, namely correctional throughout its application to open an opportunity for the elimination of rights and not accompanied by an attempt to recover the rights that have been revoked.]]>
<![CDATA[An Analysis of Indonesian Children Repatriation in Syria ]]>
<![CDATA[Poerwoko Hadi Sasmito]]>;
<![CDATA[Beniharmoni Harefa]]>
<![CDATA[ Indonesian Journal of Criminal Law Studies Vol. 5 No. 1 (2020): Indonesia J. Crim. L. Studies (May, 2020) ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/ijcls.v5i1.36359
<![CDATA[Some Indonesians in refugee camps in Syria state they want to return to Indonesia. The plan to repatriate the Indonesian ex-ISIS then raises the pros and cons. Some consider that Indonesian citizen who have joined ISIS deserve to be given the opportunity to improve themselves and have a right to be returned to Indonesia if they really want to repent. Some are worried that the repatriation of Indonesian citizen who join ISIS would create new problems in Indonesia. The problem is that among them there are dozens of children, and they are not combatants who took up arms against Iraq and Syria. They just follow where their parents go. Using the normative juridical study method, this paper explains the potential impact that can arise on national security if the Indonesian government adopts a policy of repatriating Indonesian children who used to join ISIS. The results in this study then provide a prescription that should be carried out by the Indonesian government towards Indonesian children who used to join ISIS.]]>
<![CDATA[Criminal Law Study on Narcotics Abuse Rehabilitation ]]>
<![CDATA[Salma Widiasyam]]>;
<![CDATA[Oheo K. Haris]]>;
<![CDATA[Sitti Aisah Abdullah]]>
<![CDATA[ Indonesian Journal of Criminal Law Studies Vol. 5 No. 1 (2020): Indonesia J. Crim. L. Studies (May, 2020) ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/ijcls.v5i1.36366
<![CDATA[The purpose of this research is to determine whether the rehabilitation of the victims of narcotics abuse in the decree of the District Court of Kendari No. 236/Pid. Sus/2019/PN K has fulfilled the element of Article 54 Act number 35 year 2009. The type of research used in this study is normative research, using the Statute Approach, Case Approach, Conceptual Approach. Based on the results the authors conclude that narcotic addicts and narcotics abuse victims are obliged to undergo medical rehabilitation and social rehabilitation. The judge in the its verdict prosecute convicted because it has been proven legally and committed guilty of committing a criminal offence "narcotic abuse for himself", dropping a criminal against the defendant with imprisonment for 1 (one) year and 2 (two) months have in accordance with article 127 paragraph (1) of Law No. 35 Year 2009. However, in the ruling judge ignores article 127 paragraph (2) and paragraph (3) of Law No. 35 Year 2009 that the obligation of the judge in providing rehabilitation efforts against the defendant cases of drug abuse in line with the issuance of Circular Letter of Supreme Court No. 4 Year 2010.]]>
<![CDATA[Cyber Crime in International Legal Instrument: How Indonesia and International Deal with This Crime? ]]>
<![CDATA[Massulthan Rafi Wijaya]]>;
<![CDATA[Ridwan Arifin]]>
<![CDATA[ Indonesian Journal of Criminal Law Studies Vol. 5 No. 1 (2020): Indonesia J. Crim. L. Studies (May, 2020) ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/ijcls.v5i1.36369
<![CDATA[Cybercrime is a new type of crime arising from globalization in this world. This crime is more dangerous than other crimes because the impact can cause world war. It is undeniable that this crime in the present has grown as time goes by until now, there are many cases of this crime. All countries compete to advance their technology for positive things, but many people abuse it for negative actions. We must be vigilant if we want to use technology because there are many bad people out there, if we are negligent then we can be affected by those bad people. Then the lack of public attention now that there is a new type of crime that is more dangerous than other crimes. We must protect each other so that we are not affected by cybercrime. This crime does not only have one sector but can be in all sectors, because this crime can be said to be an extraordinary crime.]]>
<![CDATA[The Challenges and Prospects of ICTs in Crime Prevention and Management in Nigeria: A Review of CCTV Cameras in Abuja ]]>
<![CDATA[Ngboawaji Daniel Nte]]>;
<![CDATA[Graham Gande]]>;
<![CDATA[Michael Uzorka]]>
<![CDATA[ Indonesian Journal of Criminal Law Studies Vol. 5 No. 1 (2020): Indonesia J. Crim. L. Studies (May, 2020) ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/ijcls.v5i1.36372
<![CDATA[Contemporary Nigeria has witnessed monumental rise in crime wave and in the quest to stem the tide, government has adopted various security policies to secure the lives and property of its citizens in the past, but none of these policies have actually yielded positive results. Human abduction, armed robbery, terrorism, bomb attacks and lots more have been the order of the day in the Country. The study seeks to ascertain the impact of closed circuit television (CCTV) cameras in Abuja metropolis. Six research questions and two hypotheses were formulated to guide the study, related literatures were adequately reviewed. A population of size of 900 was selected out of which a sample size of 300 respondents, which cut across all walks of life, participated in the study. Structured questionnaire was designed and used as instrument for data collection. Data collected were analyzed using direct interpretation of results gotten from respondents. Findings of the research revealed significant relationship between closed circuit television cameras and theory of deterrence, criminal justice, fear of crime, legality, policy formation and regulation of closed circuit television (CCTV). The development of software that can be integrated with the CCTV to display a person's bio-data on the monitor when captured by the CCTV camera is among other recommendations for further research study.]]>
<![CDATA[Exiting the Prisoners Policy in Indonesia and Some Countries due to COVID-19 Disclosure ]]>
<![CDATA[Lina Dwi Istiqomah]]>
<![CDATA[ Indonesian Journal of Criminal Law Studies Vol. 5 No. 2 (2020): Indonesia J. Crim. L. Studies (November, 2020) ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/ijcls.v5i2.36404
<![CDATA[COVID-19 has been declared a national disaster by the Government. More and more people are indicated positive COVID-19, asking the government to make policies. One of them is the release of prisoners to prevent the spread and transmission of the COVID-19 virus in the Penitentiary. The existence of this policy. Many issued this policy as hasty and not wise. There is still community stigmatization of ex-convicts making it difficult for the public to accept this budget. This paper uses the discussion of normative law that is the study of literature or literature and qualitative descriptive analysis of the problem. This study explains the analysis of prisoner release policies by the government. Prisoner release policy made by the government based on the Minister of Law and Human Rights Regulation No. 10 of 2020 concerning policies relating to this policy has caused unrest in the community and will cause new problems.]]>
<![CDATA[Criminal Politics (Enforcement) of Criminal Law Based on Pancasila Equity ]]>
<![CDATA[Rasdi Rasdi]]>
<![CDATA[ Indonesian Journal of Criminal Law Studies Vol. 5 No. 2 (2020): Indonesia J. Crim. L. Studies (November, 2020) ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/ijcls.v5i2.36406
<![CDATA[Indonesian state based on Pancasila, any rule of law (criminal) and their enforcement should always contains/is inspired by the values of Pancasila. The policy of enforcing criminal law means upholding justice, and the justice for the Indonesian people is equity based on Pancasila. The direction and policies for the development of national law (criminal law) in realizing the ideals of legal development based on justice should always be based on religious values, customs and socio-cultural values of Indonesian society which crystallized in the Pancasila philosophy. Therefore, the essence of criminal law policy is that efforts to achieve social welfare should always be inspired by and based on the basic values of the Pancasila philosophy as Grundnorm / Staatsfundamentalnorm (fundamental norms of the state) of the Indonesian nation. Pancasila is the values, principles, soul and spirit of the Indonesian people. Pancasila is the basic norm (grundnorm), and at the same time the basic values (grundwerten), which are the spirit of Indonesian law. Law is always rooted in "a peculiar form of social life", therefore a legal system is a uniqueness, an institution rooted in the cosmology, values and traditions of the nation concerned.]]>
<![CDATA[Legal Protection of Nursing Students in Implementing Clinical Practices at the Hospital ]]>
<![CDATA[Moh Syamsul Arifin]]>;
<![CDATA[Levina Yustitianingtyas]]>
<![CDATA[ Indonesian Journal of Criminal Law Studies Vol. 5 No. 2 (2020): Indonesia J. Crim. L. Studies (November, 2020) ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/ijcls.v5i2.36407
<![CDATA[The procurement of health personnel is carried out through higher education in the health sector which is directed at producing quality health personnel in accordance with professional service standards. The Field Learning Practice stage is also known as the clinical learning process which is fully implemented in the practical field, namely the hospital under the supervision of the clinical supervisor. In carrying out student clinical practice errors or omissions may occur. The purpose of this study is to determine the responsibility of nursing students who make mistakes that result in harm to patients and to find out legal protection for nursing students who make mistakes that cause harm to patients. The research described is normative research using primary, secondary and tertiary legal materials, analytical descriptive research characteristics, legal material collection is done by document study techniques, data are analyzed qualitatively. The results show that the management of nursing student responsibilities who make mistakes can be seen from the civil aspects of the criminal and administrative aspects while the legal protection is regulated in Law Number 36 of 2009 concerning Health, Law Number 44 of 2009 concerning Hospitals, Law RI Law No. 38 of 2014 concerning Nursing, Law No. 36 of 2014 concerning Health Workers, and Regulation of the Minister of Health No. 148 of 2010 concerning Licensing and Implementation of Nursing Practices while the Cooperation Agreement between Educational Institutions and Health Institutions already contains 4 elements, namely consent of the will, authority ), specific (achievement) objects and objectives of the agreement.]]>
<![CDATA[State's Protective Measure towards Criminalization of Investigative Journalists ]]>
<![CDATA[Zenny Rezania Dewantary]]>;
<![CDATA[Gratianus Prikasetya]]>
<![CDATA[ Indonesian Journal of Criminal Law Studies Vol. 5 No. 2 (2020): Indonesia J. Crim. L. Studies (November, 2020) ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/ijcls.v5i2.36409
<![CDATA[Investigative journalism is a form of news covering activities where the journalists are investigating deeply the information and/or events. Investigative journalism utilizes investigation technique because general methods of journalistic would not suffice, due to the nature of objects being investigated. To that extent, the journalists often face threats and dangers that arise the importance of protective measure by Indonesian State authorities. Using normative-empirical legal research method, this research was conducted to describe the design of legal protection towards investigative journalists. The protective measure towards investigative journalists substantially covered by Journalistic Ethical Code and The Press Law; Registered press company, particularly press company founded as legal entity; Strong role of Press Council in advocating investigative journalists; Article 50 of Indonesian Penal Code as legitimacy of freedom of press; MoUs between Press Council and law enforcers. The implementation in the field requires investigative journalists to uphold carefullness due to the culture of law enforcement in particular and society in general that is still putting criminal law as primum remedium towards press.]]>
