Iustitia Criminal Science (ICS)
Aim Iustitia Criminal Science is a peer-reviewed scholarly journal focusing on the study of criminal law and criminal justice systems from doctrinal, socio-legal, and comparative perspectives. The journal publishes original research that examines the transformation of criminal law and law enforcement practices, both within national jurisdictions and in comparative or transnational contexts. The journal prioritizes manuscripts that offer theoretical or practical novelty, contribute to criminal law policy and reform, and employ methodological approaches beyond conventional doctrinal analysis — including empirical, comparative, and interdisciplinary studies. Particular attention is given to restorative justice, penal reform, legal pluralism, and the interaction between state criminal law and local, customary, or religious normative systems. Aligned with the United Nations Sustainable Development Goals (SDGs). Scope The scope of the journal includes, but is not limited to, the following areas: Substantive and Procedural Criminal Law — the principle of legality, criminal liability, theories of punishment, and the development of penal and criminal procedure legislation. Integrated Criminal Justice System — the institutional relationship among police, prosecution, judiciary, and correctional bodies, including the concept of dominus litis and prosecutorial discretion. Restorative Justice and Alternative Dispute Resolution — out-of-court settlement mechanisms in minor offenses, narcotics cases, and community-based conflict resolution. Criminal Law Policy and Criminology — legislative reform, criminalization and decriminalization, victimology, penology, and crime prevention strategies. Transnational and Cross-Border Criminal Law — narcotics trafficking, human trafficking, smuggling, and law enforcement cooperation in border regions. Special Criminal Law — corruption, money laundering, cybercrime, environmental crime, and sexual violence offenses. Comparative Criminal Law and Legal Pluralism — the intersection of criminal law with Islamic criminal law, customary (adat) law, and other normative systems. Technology and the Future of Criminal Justice — judicial digitalization, electronic courts, artificial intelligence in law enforcement, digital forensics, and related human rights implications. Human Rights and Due Process in Criminal Justice — protection of suspects and defendants, access to justice for victims and marginalized groups, and safeguarding due process.
Articles
9 Documents
<![CDATA[CORPORATE CRIMINAL LIABILITY FOR MILITARY ARTIFICIAL INTELLIGENCE: PROSPECTS AND LIMITS OF AMENDING THE ROME STATUTE ]]>
<![CDATA[Doris Rahmat]]>;
<![CDATA[Widya Daniswara]]>;
<![CDATA[Vivi Ayudya Permatasari]]>;
<![CDATA[Mosab I. Tabash]]>
<![CDATA[ Iustitia Criminal Science Vol. 1 No. 1 (2026): Edition July-December (2026) ]]>
Publisher : <![CDATA[PT. Andalas Borneo Justice ]]>
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DOI: 10.68374/ics.v1i1.1
<![CDATA[This study examines whether Article 25(1) of the 1998 Rome Statute, which confines the jurisdiction of the International Criminal Court to natural persons, can accommodate the accountability gap created by private corporations that design, test, and commercialise military artificial intelligence. It aims to determine whether extending jurisdiction to juridical persons is doctrinally coherent and institutionally feasible, and to specify the attribution standard such an extension would require. The study employs a normative-juridical method combining doctrinal analysis of the Rome Statute, read under Articles 31–32 of the Vienna Convention on the Law of Treaties, with a comparative survey of five domestic corporate-liability regimes and two illustrative episodes of corporate involvement in mass atrocity. The findings show that the existing modes of individual liability under Article 25(3) and Article 28, together with the doctrine of indirect perpetration through an organised apparatus of power, do not transfer cleanly to a commercial defence-technology enterprise, but that the principal obstacle to reform is not drafting inertia, as is commonly assumed, but the interaction of complementarity under Article 17, the principle of legality under Article 22, and the two-tier consequences of amendment under Article 121(5). The study concludes that a prospective Article 25 bis is legally defensible only if it adopts a non-derivative, failure-to-prevent standard of organisational fault, modelled on comparable domestic regimes, and is accompanied by a dedicated complementarity carve-out. This furnishes an attribution-specific and amendment-mechanism-specific model for corporate liability before the Court, moving the debate beyond a general case for reform toward an operable legal design.]]>
<![CDATA[LEGAL AID AND THE WELFARE OF CONVICTED PERSONS WITHIN THE INDONESIAN CRIMINAL JUSTICE SYSTEM ]]>
<![CDATA[Eli Ghozali]]>;
<![CDATA[Fransiskus Rahmad Zai]]>
<![CDATA[ Iustitia Criminal Science Vol. 1 No. 1 (2026): Edition July-December (2026) ]]>
Publisher : <![CDATA[PT. Andalas Borneo Justice ]]>
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DOI: 10.68374/ics.v1i1.2
<![CDATA[Article 1 paragraph (3) of the 1945 Constitution affirms Indonesia as a state based on the rule of law obliged to guarantee equality before the law, yet within the Integrated Criminal Justice System the guarantee of legal aid loses coherence once proceedings enter the post-conviction phase. This study examines the normative position of legal aid for suspects, defendants, and convicted persons within that system and identifies the regulatory gap responsible for its post-conviction collapse. It applies a normative juridical method with statutory and conceptual approaches, analysing primary legal materials from the Constitution through the Judicial Power Law, the 2025 Criminal Procedure Code, the Legal Aid Law, and the Corrections Law, read through substantive justice theory, the due process and crime control models, and the doctrine of civil death. The findings demonstrate a disharmony of rules (disynchronization) across four dimensions: legal subject, temporal scope, institutional and financial responsibility, and remedial mechanism, which cumulatively generate an operational legal vacuum for indigent convicts. Because legal aid regulation in Indonesia remains strongly pre-conviction centric, convicted persons undergo a form of legal de-subjectivation and lose effective access to assistance in pursuing case review, clemency, and conditional rights such as remission and parole. The study concludes that closing this gap requires a temporally, not merely institutionally, conceived integration of the criminal justice system, and proposes a six-step normative reconstruction beginning with the regulatory measures least dependent on new financing. Its contribution is a four-part typology of disynchronization applicable beyond the Indonesian context.]]>
<![CDATA[CORRUPTION ERADICATION IN INDONESIA'S FREE NUTRITIOUS MEALS (MBG) PROGRAMME: RISK MAPPING AND AN INTEGRITY FRAMEWORK ]]>
<![CDATA[Fitri Wahyuni]]>;
<![CDATA[Asneliwarni Asneliwarni]]>;
<![CDATA[Susi Delmiati]]>;
<![CDATA[Julian Ransangan]]>
<![CDATA[ Iustitia Criminal Science Vol. 1 No. 1 (2026): Edition July-December (2026) ]]>
Publisher : <![CDATA[PT. Andalas Borneo Justice ]]>
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DOI: 10.68374/ics.v1i1.5
<![CDATA[This study examines the eradication of corruption within the Free Nutritious Meals (Makan Bergizi Gratis, MBG) programme launched as one of the national government's flagship social policies, and asks how Indonesia's anti-corruption architecture can be adapted to protect a large-scale, decentralised food-procurement scheme from systemic leakage. Employing a normative-juridical method supported by a qualitative case study and documentary analysis of statutory instruments, audit findings, and secondary literature, the research maps the typical corruption vulnerabilities of mass feeding programmes and evaluates the adequacy of existing preventive and repressive mechanisms. The findings indicate that the principal risks are concentrated in vendor selection, price mark-ups, quantity and quality manipulation, and weak beneficiary verification, and that these risks are amplified by the programme's speed of roll-out, its multi-tier disbursement chain, and fragmented oversight. The study concludes that a hybrid strategy combining digital procurement transparency, real-time beneficiary data, strengthened inter-agency coordination, and a recovery-oriented enforcement posture offers the most realistic path to safeguarding public funds without paralysing programme delivery. Its academic contribution lies in extending the doctrine of state financial loss and procurement integrity to a novel welfare context and in proposing an integrity framework that reconciles rapid social-policy implementation with the constitutional imperative of corruption eradication.]]>
<![CDATA[THE STATE ADMINISTRATIVE LAW APPROACH IN COUNTERING CORRUPTION OFFENCES IN INDONESIA ]]>
<![CDATA[Moh. Ilham Agang]]>;
<![CDATA[Ali Rahman]]>;
<![CDATA[Mohammed Alhadi Ibrahim Bosha Ahmed]]>
<![CDATA[ Iustitia Criminal Science Vol. 1 No. 1 (2026): Edition July-December (2026) ]]>
Publisher : <![CDATA[PT. Andalas Borneo Justice ]]>
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DOI: 10.68374/ics.v1i1.6
<![CDATA[This study examines how Indonesian state administrative law can prevent, detect, and correct corruption-related irregularities without displacing criminal accountability. Using a normative-juridical and documentary approach updated to the legal framework applicable in 2026, it analyses governmental administration, anti-corruption law, the 2023 Criminal Code and 2026 Criminal Adjustment Law, internal control, civil-service discipline, procurement, administrative review, and twenty-two peer-reviewed studies. Institutional capacity is assessed qualitatively across five functions: prevention, early detection, correction, recovery, and deterrence. The findings identify six administrative instrument families. Administrative law is strongest in ex ante prevention, internal detection, and corrective action, while criminal law remains indispensable where conduct involves intentional personal or third-party gain, bribery, concealment, coercive investigation, or serious systemic harm. The study distinguishes procedural error, maladministration, misuse of discretion, abuse of authority, and intentional corrupt abuse. It proposes four allocation criteria: intent to obtain gain, magnitude of harm, systemic or repeated character, and recoverability. It concludes that the administrative-criminal relationship should operate as a legally bounded functional division of labour, not a hierarchy. The academic contribution is an operational allocation matrix that preserves mandatory criminal liability for serious intentional corruption while protecting good-faith administrative decision-making.]]>
<![CDATA[COERCED DISORGANIZATION: RETHINKING SOCIAL DISORGANIZATION THEORY FOR ARMED RURAL COMMUNITIES IN ZAMFARA STATE, NIGERIA ]]>
<![CDATA[Nura Umar Manya Manya]]>
<![CDATA[ Iustitia Criminal Science Vol. 1 No. 1 (2026): Edition July-December (2026) ]]>
Publisher : <![CDATA[PT. Andalas Borneo Justice ]]>
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DOI: 10.68374/ics.v1i1.7
<![CDATA[Social Disorganization Theory is routinely applied to insecurity in northwestern Nigeria, yet it was formulated to explain urban crime, where weak collective efficacy emerges gradually from poverty, residential turnover and population heterogeneity. This study asks whether that causal architecture holds where disorganization is not an emergent by-product of urban ecology but a deliberate objective of armed actors. It aims to specify how community-level social control breaks down in Zamfara State and what theoretical adjustment this requires. The research employs a qualitative documentary design, analysing peer-reviewed criminological and conflict scholarship, Nigerian statutory instruments, government and security-sector publications, and reports of international and independent research organisations, coded against four categories fixed in advance: the institution targeted, the mechanism of degradation, the actor initiating it, and the resulting change in informal social control. The findings show that the principal institutions of informal control in Zamfara - traditional rulership, schooling, markets and settlement itself - are not merely weakened by structural disadvantage but directly and selectively attacked, and that residents withdraw from collective action less from anomie than from a rational fear of retaliation that intensifies precisely where community capacity would otherwise be strongest. The study advances the concept of coerced disorganization and distinguishes it from the emergent disorganization of the Chicago tradition along four dimensions: causal origin, temporality, reversibility and the direction of the collective-efficacy relationship. It concludes that where disorganization is coercively produced, community-strengthening interventions cannot precede physical protection without exposing participants to targeted violence, inverting the sequencing implicit in conventional community-security programming.]]>
<![CDATA[CRIMINAL POLICY ON ILLEGAL LOGGING IN INDONESIA IN THE AFTERMATH OF THE JOB CREATION LAW: A REFORMULATION OF ENVIRONMENTAL CRIMINAL ENFORCEMENT ]]>
<![CDATA[Aria Zurneti]]>;
<![CDATA[Yudha Febri Fernando]]>;
<![CDATA[Muhammad Tahir Yahya]]>
<![CDATA[ Iustitia Criminal Science Vol. 1 No. 1 (2026): Edition July-December (2026) ]]>
Publisher : <![CDATA[PT. Andalas Borneo Justice ]]>
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DOI: 10.68374/ics.v1i1.8
<![CDATA[Illegal logging remains one of the most damaging environmental crimes in Indonesia, and the enactment of Law Number 11 of 2020 on Job Creation, together with its perpetua form under Law Number 6 of 2023, has substantially reshaped the criminal-policy landscape governing Law Number 18 of 2013 on the Prevention and Eradication of Forest Destruction (P3H Law). This study aims to examine the reformulation of illegal-logging criminal policy after the Job Creation Law and to evaluate its coherence with the constitutional obligation to protect the environment. The research employs a doctrinal legal method, combining statutory, conceptual, and case-based approaches, supported by content analysis of P3H Law provisions amended by the Job Creation Law and by policy documents issued between 2020 and 2026. The findings show that the amendments have narrowed the operational reach of several core offences, shifted a significant portion of enforcement toward administrative sanctions, and introduced ambiguities that weaken the deterrent function of criminal law, particularly for corporate offenders operating in Kalimantan, Sumatra, and Papua. The study concludes that the current formulation reflects an incomplete transition from a punitive to a restorative model, and that a hybrid accountable-restorative framework, complemented by strict corporate liability, is required to restore proportionality. The academic contribution lies in offering an integrated formulative-applicative-executive matrix that scholars, legislators, and enforcement agencies can use to reconstruct environmental criminal policy in the post-Job-Creation-Law era.]]>
<![CDATA[CRIMINAL LAW POLICY ON DAYAK DOLOP CUSTOMARY OFFENCES IN THE PERSPECTIVE OF ARTICLE 2 OF LAW NUMBER 1 OF 2023 ]]>
<![CDATA[Ismansyah Ismansyah]]>;
<![CDATA[Nilma Suryani]]>;
<![CDATA[Siska Mandalia]]>
<![CDATA[ Iustitia Criminal Science Vol. 1 No. 1 (2026): Edition July-December (2026) ]]>
Publisher : <![CDATA[PT. Andalas Borneo Justice ]]>
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DOI: 10.68374/ics.v1i1.9
<![CDATA[This study examines the position of dolop, the submersion ordeal practised by the Ngaju Dayak of Central Kalimantan, within the criminal law policy established by Article 2 of Law Number 1 of 2023 on the Criminal Code. It responds to a gap in the scholarship, which has read the living law clause as a question of substantive criminalisation while leaving the adjudicative and evidentiary institutions of adat unexamined. The research is normative juridical, combining statutory, conceptual and comparative approaches, and analyses the 1945 Constitution, Law Number 1 of 2023, Law Number 23 of 2014 and related instruments, supported by indexed journal articles and published ethnographies. The findings disclose a recognition asymmetry: Article 2 paragraph (1) absorbs the substantive norms of adat and Articles 66 and 96 absorb its sanctions, but neither the Code nor its delegated regulation addresses the adat forum or its modes of proof, leaving dolop in a normative blind spot. Six collisions of vertical, competence-based, horizontal, certainty-based, human rights-based and procedural character are identified in the implementation chain, and a seventh consequence follows directly: the Damang who convenes the proceeding is personally exposed to criminal liability for the procedure through which the very norms the Code invites him to declare have always been enforced. The article concludes that criminal law policy should adopt filtered absorption, retaining the restorative core of dolop while withdrawing the ordeal, which fails the human rights filter. Its contribution is a four-component framework for testing adat institutions against the living law clause.]]>
<![CDATA[CUSTOMARY ADJUDICATION OF DOMESTIC VIOLENCE UNDER ARTICLE 2 OF INDONESIA'S NEW PENAL CODE: EVIDENCE FROM KAYAN HULU ]]>
<![CDATA[Sri Ayu Astuti]]>;
<![CDATA[Berthi Ramadhani P]]>;
<![CDATA[Alfonso Soares]]>
<![CDATA[ Iustitia Criminal Science Vol. 1 No. 1 (2026): Edition July-December (2026) ]]>
Publisher : <![CDATA[PT. Andalas Borneo Justice ]]>
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DOI: 10.68374/ics.v1i1.10
<![CDATA[Article 2 of Law No. 1 of 2023 on the Indonesian Criminal Code restores living law as a source of criminal liability, while leaving the criteria, procedures, and scope of recognition to an implementing government regulation that has not yet been enacted. This study examines customary settlement of domestic violence cases in Kayan Hulu Sub-district, Malinau Regency, North Kalimantan, and its constraints within the national legal framework. Using normative legal research with statutory, conceptual, and comparative approaches, it draws on the 1945 Constitution, Law No. 1 of 2023, Law No. 23 of 2004, Law No. 12 of 2022, and Law No. 7 of 2012, supplemented by interviews with customary officials conducted from August 2025 to January 2026. The findings show that the customary forum, led by the Ngau together with the Head of Custom and Lit Adat Ngau, resolves cases through six deliberative stages culminating in tunggu and restorative rituals. It handles minor psychological violence and household neglect but excludes serious physical and sexual violence. Five constraints were identified: authority deficits, jurisdictional dualism, weak deterrence, absence of written procedure, and inadequate victim protection. Turkish law, while excluding custom as a source of criminal liability, retains state-supervised restorative mechanisms through mediation and protective measures. The comparison identifies two key safeguards: offence-category-based jurisdictional thresholds and victim-consent review outside the deliberative forum. The article proposes a four-layer normative architecture for the implementing regulation of Article 2 centred on victim protection.]]>
<![CDATA[PROPOSING CUSTOMARY CRIMINAL OFFENCES AS THE ABSOLUTE COMPETENCE OF THE NAGARI CUSTOMARY COURT WITH LEGAL CERTAINTY IN WEST SUMATRA ]]>
<![CDATA[Albert Tanjung]]>;
<![CDATA[Afnaini Afnaini]]>;
<![CDATA[Rias Wita Suryani]]>
<![CDATA[ Iustitia Criminal Science Vol. 1 No. 1 (2026): Edition July-December (2026) ]]>
Publisher : <![CDATA[PT. Andalas Borneo Justice ]]>
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DOI: 10.68374/ics.v1i1.11
<![CDATA[This study aims to examine and formulate a proposal for future law-making (de lege ferenda) by adding customary criminal offences to the absolute competence of the Nagari Customary Court, in order to strengthen the standing and authority of that court as the judicial customary institution of West Sumatra Province. The proposal is grounded principally in Law No. 1 of 2023 on the Criminal Code and Government Regulation No. 55 of 2025 on the Procedures and Criteria for Determining the Living Law in Society. The inquiry matters because the existence of the Nagari Customary Court is at present regulated normatively only by West Sumatra Provincial Regulation No. 7 of 2018 on Nagari, shaped by Minangkabau custom and culture as the defining characteristic of the province affirmed in Article 5(c) of Law No. 17 of 2022. Article 15(3) of that Regional Regulation confers a narrow absolute competence limited to the amicable settlement of customary civil matters and the imposition of customary sanctions, without legal certainty as to the scope of matters covered, and no certainty whatsoever as to authority over customary criminal offences. The study employs normative juridical research using statutory, conceptual and historical approaches. It finds that, first, the Nagari Customary Court presently stands as a judicial institution outside the state court structure; second, its relative competence is confined to the territory of the Nagari in which it sits; and third, customary criminal offences may be conferred as its absolute competence by reference to Article 2 of Law No. 1 of 2023 juncto Article 16(1) of Government Regulation No. 55 of 2025.]]>
