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Journal of Civil Criminal Law
Published by International Forum of Researchers and Lecturers
ISSN : 30896886     EISSN : 30896878     DOI : 10.70062
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
International Journal of Civil Criminal Law, This journal is intended for the publication of scientific articles published by the International Forum of Researchers and Lecturers. This journal presents in-depth research and analysis of international civil and criminal law. Its main focus is to explore developments in theory and practice in civil and criminal law from various countries around the world. Articles in the journal cover a wide range of topics such as judicial proceedings, protection of individual rights, contract law, criminal liability, and relevant legal policies. By providing a platform for contributors from diverse backgrounds, the journal not only supports the continued development of legal theory, but also promotes a better understanding of cultural differences and legal systems in different parts of the world. This journal is published 1 year 3 times (April, August, and December).
Arjuna Subject : Ilmu Sosial - Hukum
Articles 12 Documents
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Efforts to Handle Cases of Illegal Distribution of Tobacco Products by Gorontalo Customs and Excise Officials
Journal of Civil Criminal Law Vol. 1 No. 1 (2025): April : Journal of Civil Criminal Law
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70062/jccl.v1i1.26

Abstract

This research aims to find out and analyze how law enforcement efforts are carried out in cases of distribution of illegal tobacco products by Gorontalo Customs and Excise officials. This research is classified as empirical research using a qualitative approach and then using data collection techniques by means of interviews, literature review, documentation, and using descriptive data analysis. The results of this research indicate that law enforcement efforts against the distribution of illegal tobacco products by Gorontalo Customs and Excise officials include preventive law enforcement (prevention) and repressive law enforcement (Action). In preventive law enforcement Customs and Excise officials carry out legal socialization activities, routine patrol activities and carry out observations, to enforce repressive laws from Customs and Excise officials when they receive information from the intelligence unit or complaints from the public, the data received is then analyzed. If the results of the analysis show that the data meets operational standards then the process of action, deterrence, inspection, sealing and confiscation is continued. Customs and Excise officials in carrying out law enforcement have not yet reached the realm of court, only the imposition of administrative sanctions.
Discussion on Judges' Considerations in the Study of Sexual Crimes against Children of Commercial Sex Workers
Journal of Civil Criminal Law Vol. 1 No. 1 (2025): April : Journal of Civil Criminal Law
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70062/jccl.v1i1.27

Abstract

This research aims to determine and analyze the role and position of child victims in sexual crimes and legal protection efforts through victimology theory in normative decisions. Legal materials are collected through document study, then analyzed prescriptively. The research results found that there are regulations that have not been specifically regulated to protect children from all sexual crimes. Then, the role and position of the child victim which was not assessed as a consideration by the Judge in Decision Number 102/Pid.sus/2022/PN Lbo is something that hinders legal protection efforts for children. This research also contains victimology analysis of child victims using the Carroll Formula as well as other analyzes that show the victim's position as a commercial sex worker, which shows that there is a trigger for a crime. Victimology theory in decisions is important to understand the role of child victims who are considered passive perpetrators so that the theory of justice can be included in decisions and child protection through victimology theory can be implemented.
Responsibilities of Issuers and Investment Managers in Mutual Fund Default Cases: Case Study of PT Tridomain Performance Materials Tbk
Journal of Civil Criminal Law Vol. 1 No. 1 (2025): April : Journal of Civil Criminal Law
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70062/jccl.v1i1.29

Abstract

The capital market is one of them part important in representation condition country's economy. In the capital market there are several instruments are traded, one of which is is mutual funds. Mutual funds become enough choice​ interesting for society, however there is case fail pay that mutual fund investors experience​ loss. Case fail pay product mutual funds viz fail pay consequential RDT assets debt securities issued by PT. Tridomain Performance Materials Tbk Study This use method approach juridical normative that is study law literature carried out with method research material References or secondary data as base For researched with method stage search to regulation legislation and related literature​ with the problems studied. And using secondary data as base For researched. Protection law can done with use protection law preventive and repressive in case investment mutual funds as form protection to investors from government. Losses experienced by investors as a result fail pay PT. TDPM to MMI, shows that TDPM has not quite enough answer as you can form pay whole obligations and compensation make a loss as well as accept all possible sanctions​ form administrative, civil, up to criminal. Protection law preventive can seen with exists regulation established legislation​ such as the Capital Markets Law, P2SK Law, POJK 48/2015, POJK 31/2015, and others. Protection law repressive form enforcement penalty from administrative even until bankruptcy. Not quite enough answer must carried out by TDPM viz pay obligation along with flower in accordance agreement debt restructuring up to imposition penalty. And necessary see form MMI's responsibility as Manager Invest in cases This.
Judge's Consideration of Plagiarism Criteria: Analysis of Decision No. 31/PDT.SUS-COPYRIGHT/2020/PN.JKT.PST
Journal of Civil Criminal Law Vol. 1 No. 1 (2025): April : Journal of Civil Criminal Law
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70062/jccl.v1i1.31

Abstract

This research aims to determine the criteria for fine arts plagiarism according to Law Number 28 of 2014 concerning Copyright. Apart from that, it also aims to find out the basis of the judge's considerations in Decision Number 31/Pdt.Sus-Hak Copyright /2020/ Pn.Jkt.Pst. In this research, the method used is normative legal research which is prescriptive in nature. Normative nature prescriptive that is method with research ingredients​​ literature indicated in the written regulations.​ Method approach used​ in writing law This is method approach cases and approaches legislation. Result of study This According to Law Number 28 of 2014 concerning Copyright, the criteria for plagiarism of works of art are if they meet the elements 1) there is a substantial similarity in whole or in part, 2) there is confession owned by personal to work imitation and 3) cause loss for creator on imitation work. In The judge's consideration in deciding the alleged case of fine art plagiarism took into account 1) Proving the similarity between Love Light and Urban Light; 2) There are losses arising for the Plaintiff. In this case, the judge's considerations were in accordance with the regulations of Law Number 28 of 2014 concerning Copyright and the Plaintiff was also able to prove everything so that the Defendant was found guilty.
The Impact of Early Marriage on Minors and the Legal Problems That Arise
Journal of Civil Criminal Law Vol. 1 No. 1 (2025): April : Journal of Civil Criminal Law
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70062/jccl.v1i1.32

Abstract

Marriage involves individual rights such as opinion, privacy and non-discrimination. Early marriage is the practice of marriage involving one or both partners who are still young, where both are still under the legal age or generally recognized age of adulthood. Early marriage can be influenced by various factors, namely social, economic, cultural and educational pressures. Family involvement, cultural norms, and gender inequality can also play an important role in the decision to marry early. Early marriage of minors creates a number of legal problems, which involve violations of children's rights and also gender inequality. The age for marriage must be completely mature, which is 19 years for men and 16 years for women. If both of them are still young, or you could say like young onions, their marriage will always be filled with problems. Both of them still have the same high level of ego, are still children and still only think for a few days. In Indonesia, Law no. 1 of 1974 concerning early marriage, namely the minimum age for marriage. Law no. 16 of 2019, regulates the second amendment to Law no. 1 of 1974 confirms that the minimum age limit is 19 years for men, and 16 years for women. A woman is someone who has reproductive organs which are related to the ability to give birth to children. Meanwhile, a man is someone who has reproductive organs that play a role in reproduction itself. In Indonesia, the case of early marriage is still a very serious and vulnerable issue. As reported by the KEMENKO PMK, it was stated that there were around 1.2 million cases of early marriage in Indonesia. Where, the proportion of women aged 20-24 years who were married before the age of 18 was 11.21% of the total number of children. This means that around 1 in 9 women aged 20-24 years were married as children. Meanwhile, around 1 in 100 men aged 20-24 years were married as children. Due to the large number of cases regarding underage marriage, the government's role must be agile and fast in dealing with important cases like this. The government must play a role in preventing how to prevent cases of underage marriage from increasing every year.
TNI Guarding the Prosecutor's Office Considered in Harmony with Prabowo's Asta Cita
Journal of Civil Criminal Law Vol. 1 No. 2 (2025): August : International Journal of Civil Criminal Law
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70062/jccl.v1i2.89

Abstract

The deployment of TNI soldiers has caused controversy because it is considered to strengthen militarism in civilian institutions. The Attorney General's Office, TNI, and the Chief of Police have spoken out regarding the deployment of TNI soldiers to guard the Attorney General's Office Complex, as well as all High Prosecutors' Offices and District Prosecutors' Offices throughout Indonesia. This policy has attracted criticism from academics, observers, and civil society organizations, who argue that the involvement of the military in civilian institutions risks undermining democratic principles and civilian supremacy. The debate reflects Indonesia’s historical context, where the military once played a dual role in both defense and civilian governance, raising concerns that such practices may resurface. The deployment of TNI soldiers in the Prosecutor’s Office security system is an order from the TNI Commander as a form of cooperation with the Attorney General's Office. The order is explicitly stated in the TNI Commander’s Telegram Number TR/442/2025 dated May 6, 2025. Furthermore, this cooperation is formalized through a Memorandum of Understanding (MoU) between the TNI and the Indonesian Prosecutor’s Office, namely Memorandum Number NK/6/IV/2023/TNI dated April 6, 2023. The MoU outlines eight areas of collaboration, including: (1) education and training; (2) exchange of information for law enforcement purposes; (3) assignment of TNI soldiers within the Prosecutor’s Office environment; and (4) assignment of prosecutors as supervisors at the TNI General Auditorate. These points are intended to strengthen coordination, improve institutional capacity, and foster synergy in law enforcement and security.
Lack of Health Services Results in the Death of A Newborn Child in Senawang Village, Sumbawa
Journal of Civil Criminal Law Vol. 1 No. 2 (2025): August : International Journal of Civil Criminal Law
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70062/jccl.v1i2.95

Abstract

The right to health services for residents of Senawang Village and evaluating the legal protection mechanisms that can be taken by residents of Senawang Village due to the lack of health services, the type of research used is empirical legal research. The approach method used is a sociological approach and a legislative approach, the type of data is primary data, secondary data and tertiary data. While the data collection techniques are in the form of interviews, literature, and documentation. Finally, with the analysis of the data obtained from this study, it can be concluded that the fulfillment of the right to a healthy life is a basic right that must be guaranteed, because health is part of the primary needs of every human being, which is clearly regulated in Article 28 H paragraph (1) of the 1945 Constitution and Law of the Republic of Indonesia Number 17 of 2023. However, the reality in the field shows that the implementation and implementation of these various policies is still far from expectations. This shows a gap between the ideal regulations on paper and their implementation in real life. Therefore, synergy between infrastructure policies and health services is crucial because without concrete improvements in the infrastructure sector, the goal of realizing equitable, fair, and high-quality access to health services for all Indonesians will be difficult to achieve.
Artificial Intelligence in Criminal Investigations: Legal Implications for Evidence Admissibility, Accountability, and Protection of Fundamental Human Rights Satriya Nugraha; Kiki Kristanto; Fahrizal S.Siagian
Journal of Civil Criminal Law Vol. 1 No. 3 (2025): December : International Journal of Civil Criminal Law
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70062/jccl.v1i3.141

Abstract

The rapid development of Artificial Intelligence (AI) has brought significant changes to the criminal justice system, particularly in criminal investigations and evidentiary processes, while simultaneously raising complex legal and ethical challenges. Objective: This study aims to analyze the legal implications of the use of AI in criminal investigations, focusing on its benefits, risks, and challenges related to the admissibility of AI-based evidence, as well as the need for regulatory frameworks that ensure fairness, transparency, and accountability. Methods: This research employs a normative qualitative approach through the analysis of legal regulations, a review of legal and technological literature, and a comparative approach across jurisdictions, complemented by case studies of AI applications in law enforcement practices. Results: The findings indicate that AI enhances investigative efficiency through data analysis, crime prediction, and digital forensics; however, it also poses risks such as algorithmic bias, human rights violations, and issues concerning the reliability and transparency of evidence. Furthermore, differences across legal systems result in the absence of uniform standards for the admissibility of AI-based evidence. Therefore, adaptive regulatory frameworks grounded in the principles of fairness, transparency, and accountability are required, along with strengthened human oversight to ensure that the use of AI aligns with the principles of justice and human rights protection.
Balancing Individual Rights and State Authority in Criminal Justice Reform: A Comparative Analysis of Procedural Fairness and Legal Accountability Rengga Kusuma Putra; Retno Saraswati; Edvardas Juchnevicius; Aulia Rahman
Journal of Civil Criminal Law Vol. 1 No. 3 (2025): December : International Journal of Civil Criminal Law
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70062/jccl.v1i3.142

Abstract

Background: Criminal justice reform has become a crucial global issue in maintaining the balance between the protection of individual rights and state authority, particularly amid the increasing complexity of law enforcement and the risk of abuse of power. Objective: This study aims to analyze the relationship between the principles of due process of law, legal accountability, and the rule of law within criminal justice systems, as well as to compare their implementation in common law and civil law systems. Methods: This research employs a normative and comparative approach through the analysis of legal regulations, criminal justice practices, case studies of procedural violations, and cross-country comparisons, supported by interviews with academics and legal practitioners. Results: The findings indicate that although the principles of due process, legal accountability, and the rule of law are widely recognized, their implementation still faces significant challenges, including weak oversight, procedural inconsistencies, and limited institutional capacity. The comparative analysis also reveals a growing convergence between common law and civil law systems in adopting human rights-based standards, despite differences in procedural approaches. This study concludes that the holistic integration of these three principles is essential to establish a fair, transparent, and accountable criminal justice system.
Reconstructing Civil and Criminal Liability Frameworks in Digital Financial Fraud: Integrating Cyber Law, Evidence Systems, and Cross-Border Enforcement Mechanisms Sitta Saraya; Geofani Milthree Saragih; Nabila Afifah Salwa
Journal of Civil Criminal Law Vol. 1 No. 3 (2025): December : International Journal of Civil Criminal Law
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70062/jccl.v1i3.143

Abstract

Background: The rapid development of financial technology and the increasing volume of cross-border transactions have led to the emergence of increasingly complex digital financial crimes, involving anonymous actors and exploiting regulatory gaps and jurisdictional differences. This condition poses serious challenges to legal systems, particularly in terms of digital evidence, the attribution of legal liability, and the effectiveness of cross-border law enforcement. Objective: This study aims to reconstruct the framework of civil and criminal liability in digital fraud cases to make it more adaptive, integrated, and responsive to technological developments. Method: The research employs a qualitative socio-legal approach, combining normative analysis of cybercrime regulations, case studies of international digital fraud, comparative analysis of legal systems across countries, and interviews with legal practitioners and fintech regulators. Results: The findings reveal significant legal gaps, regulatory fragmentation across jurisdictions, and weaknesses in electronic evidence systems that hinder effective law enforcement. Additionally, the complexity of actors and technologies within digital ecosystems complicates the accurate attribution of legal responsibility. Therefore, an integrated legal framework is required, incorporating both civil and criminal liability, international regulatory harmonization, and the utilization of technology to enhance law enforcement effectiveness.

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