Indonesian Journal of Criminal Law Studies
Indonesian Journal of Criminal Law Studies (p-ISSN 2548-1568 - e-ISSN 2548-1576) publishes a scientific paper on the results of the study and review of literature concerning to criminal law studies in a general context, including procedural criminal law, penal policy, criminology, victimology, criminal justice system, international criminal law, juvenile criminal law, penal reform, comparative criminal law, security law, and other related issues on criminal law and its development both in Indonesian and Global context. The IJCLS has established intimate partnerships in various forms with Center for Southeast Asian Studies, Legal Aid Center of UNNES, Anti-Radicalism and Terrorism Studies Center, and Anti-Corruption Studies Center. As a form of commitment to the development of criminal law science, The Journal consistently presents the best articles from various countries and can be accessed easily through the open access journal system on our official journal page. The IJCLS have been officially indexed by several indexing institutions both national and international, such as Google Scholar, Portal GARUDA, and Journal TOCs. Title : Indonesian Journal of Criminal Law Studies Editor in Chief : Dr. Anis Widyawati S.H., M.H. ISSN : 2548-1568 (Print) 2548-1576 (Online) DOI Prefix : 10.15294/ijcls Publisher : Faculty of Law, Universitas Negeri Semarang Frequency : Biannually (May and November)
The Discourse of Procedural Criminal Law on Follow the Money Concept in Indonesian Anti-Money Laundering Act
Money laundering is an act attempts to conceal or disguise the origin of money/funds or wealth proceeds of crime through a variety of financial transactions in order to money or possessions that looked as if it came from a legitimate activity or legal. The term money laundering has been known since 1930 in the United States when the mafia buys a legitimate company and officially as one of its strategies. These illicit funds not only could damage the market, but also detriment the market, and always do not contribute towards the long-term economic development and stability of the markets where the fund is hidden. Problems of money laundering in English known as money laundering. Money laundering in Indonesia today has developed so alarmingly and requires serious treatment by law enforcement officials at both the police and the institutions established by the Anti Money Laundering Act, namely Transaction Reports and Analysis Center (INTRAC). This paper is intended to analyze the discourse of procedural criminal law on the following the money concept in the money laundering tracking process. This paper confirmed that some different interpretation and limitation has become one of the problems on money laundering tracking process. Especially on follow the money scheme in procedural criminal law. Moreover, it is also emphasized that some judgments have not enough power because of unclear determination in counting the amount of money laundering and counting the losses.
Follow the Money, Money Laundering, Procedural Criminal Law
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The Concept of Corporate Criminal Liability in the Law on Information and Electronic Transactions
The development of cyber crime gives birth to new facts that corporations can become perpetrators of criminal acts, therefore it is necessary to impose criminal responsibility on the corporation. The purpose of this research is to find out the criminal responsibility of corporations in Law Number 11 of 2008 in conjunction with Law Number 19 of 2016 concerning Electronic Information and Transactions. The type of research in writing this journal is normative or doctrinal by using a statutory approach and taking primary and secondary legal materials. Law Number 11 of 2008 in conjunction with Law Number 19 of 2016 concerning Electronic Information and Transactions adopts the doctrine of identification in imposing criminal liability on corporations. In addition, actions against the law by the management and / or staff of the corporation can be subject to criminal liability based on the doctrine of vicarious liability.
criminal liability, corporation, cyber crime
Parental Responsibility Toward Child as Criminal Offender in Indonesian Criminal Reform
Parents as the first guardian of the child make their role irreplaceable for children. The negligence of parents in interpreting their role as caretakers of children can have an impact on children's development. True children do not have the ability to plan a crime. ABH is more accurately seen as a victim. This study reveals the responsibility of parents to child offenders of criminal offenses in Indonesian law today and its reforms in the future. This study uses a qualitative approach and normative juridical research methods. Code No. 11 of 2012 concerning the Juvenile Criminal Justice System implies the use of Restorative Justice in every settlement of juvenile crime. There is no formal legality of parents' responsibility for criminal acts committed by children, however, the Law on the Criminal Justice System for Children only regulates the responsibility of parents in the form of compensation in terms of diversion. The principle of Vicarious Liability can be applied to child crimes in the future. The principle of Vicarious Liability can be clearly stated in the regulations relating to juvenile punishment. The principle of vicarious liability can be applied to parents for criminal acts committed by children in the context of the transfer of criminal acts, based on legal objectives, namely justice, certainty and legal usefulness in the application of criminal law in Indonesia.
Parental responsibility, Vicarious liability, child offender
Sexual Offences Against Women: India's Legal Perspective
The concept of equality and nondiscrimination is placed on account of the Indian constitution. Besides, it also enables the state to adopt different measures of affirmative discrimination in favor of women. Laws tend to be gradual, focusing on detailed forms of brutality rather than dealing expansively with all forms of hostility against women. When the law is input, there is frequently feeble law enforcement. Complementary to that the stable throws away to the woman's children, which as an element from having an adverse result on their health also creates an emotional background for them in which they cannot protect against any bodily bloodshed or a number of forms of injustices.
Sexual offence, Crime against women, fundamental right
The Fulfilment of Workers' Rights in the Dimension of Human Rights based on Indonesian Manpower Law
Every worker has the right to earn an income that meets a decent living for humanity, which is regulated in Article 88 paragraph (1) in Law Number 13 of 2003 concerning manpower. However, in reality there are still many companies that ignore the rights of their workers' wages, which should be a normative right that must be fulfilled by the employers of the workers themselves. There are still many companies that fulfill the rights of workers / laborers themselves, which are still very concerning and there are still many companies that ignore the rights of the workers themselves. Which in itself is a current employment problem. And we often see that many layoffs that occur in Indonesia are caused by the dissatisfaction of an entrepreneur with the performance of his workers. In this case it is due to the unfulfilled rights of the workers themselves, especially from the fulfillment of wage or salary rights. With the fulfillment of workers' rights, this can have many positive impacts that occur between employers and workers themselves. In addition to enhancing the harmonious relationship between employers and workers, this can improve the welfare of the workers' economy and will show a good quality of performance for the company and devote all their loyalty to the company. Before carrying out work where the employer provides it, it is necessary to establish a work agreement and a collective labor agreement between the employer and the worker, in which this is done to protect what should be the right of both parties. And no less important, the problem related to the field of occupational health, is that during a work relationship which is a legal relationship, workers must receive insurance for their health.
Labor, Protection, Human Rights, Manpower Law
Assimilation Rights as a Right of Correctional Citizens: A View of the Indonesian Criminal Justice System
The criminal justice system in Indonesia has the final stages in the criminal justice process. Correctional services in carrying out coaching for people convicted in the judicial system which previously adopted a prison system with the intention of making prisoners have a deterrent effect on what he did. Prisoners provide guidance in the correctional institution in accordance with the authority and main duties of the correctional institution, which provides services in the form of fostering people who are undergoing a criminal period to be accepted back into the community The inmates who carry out the guidance have a number of rights granted by the state. The guarantee for the granting of this right has been regulated in a formal legal instrument so that its implementation is a constitutional obligation. Correctional assisted residents have rights, one of which is assimilation. Assimilation is given as a commitment to the correctional model that is formed to achieve social reintegration. The function of a prisoner must be returned to the community in accordance with the ideals of the prison, namely so that the inmates can carry out socialization again to the community. Assimilation given has a number of terms and conditions that apply. At the coaching stage, assimilation is the final stage of coaching, to be ready to be released again and to process socially in the community.
Assimilation, Human Rights, Correctional Citizens
Imposition of Sanctions Criminal Personnel for Torture in the Investigation Process
The aim of this research is to find out how the legal process for police officers who abuse suspects and how the process of arresting and examining suspects. The research used the normative juridical research method, and it is found that law enforcement against POLRI members requires a legal basis that is used as a formal juridical basis in committing a crime. The legal basis in question is the Criminal Procedure Code, namely Law No. 8 of 1981. In connection with the subject that is a suspect or defendant is a member of the National Police, besides the Criminal Procedure Code, there are several other regulations that are used as a juridical basis in implementing legal proceedings against members of the Indonesian National Police who commit criminal acts as a legal basis are stipulated at some laws, such as Law Number 2 of 2002 concerning the Indonesian National Police, Law Number 14 of 2011 concerning the Professional Code of Ethics for the State Police of the Republic of Indonesia, and Government Regulation Number 3 of 2003 concerning the Implementation of General Judicial Institutional Techniques for Members of the Indonesian National Police. This research also highlighted that the task of arresting officers is carried out by the state police of the Republic of Indonesia by showing a letter of assignment and giving the suspect an arrest warrant stating the suspect's identity (full name, age, occupation, religion, and address/residence) and state the reasons for the arrest and a brief description of the criminal case suspected and the place where he was examined. In the event of being caught in the red, the arrest is carried out without a warrant, provided that the arrest must immediately hand over the person caught and the evidence available to the investigator or the closest assistant investigator.
Legal Protection of Children in Armed Conflict in the View of International Humanitarian Law
In an armed dispute, the protected persons include combatants and the civilian population. Combatants who have horse de combat status must be protected and respected in all circumstances. Combatants who fell into enemy hands gained the status of prisoners of war. Protection and rights as prisoners of war are regulated in Geneva Convention III of 1949. Meanwhile, civilians are entitled to protection as regulated in Geneva Convention IV of 1949. The legal protection given to children is more focused on the consequences of armed disputes that will affect or affect children. As part of the civilian population, children who do not participate in hostilities receive general protection without any adverse distinction based on ethnicity, nationality, religion, or political opinion, and are intended to alleviate the suffering caused by war.
Legal Protection; Children's Rights; International Humanitarian Law
Juvenile Delinquency Criminogenic Factor
Children often commit unlawful acts. The causative factors of juvenile delinquency need to be known to prevent the occurrence of juvenile delinquency in the future. The purpose of this study was to explain the criminal forms of juvenile delinquency and explain the criminogenic factor juvenile delinquency. The type of research used is criminology research. Data sources are obtained from interviews, questionnaire deployments, and literature studies. The results showed that juvenile delinquency in Jepara Regency, in 2019 and 2020, in terms of crime decreased, but in terms of the severity of crimes committed by children increased. Encouragement from within the child and the surrounding environment that is less harmonious causes the child to do juvenile delinquency.
Simple, Fast, and Low Cost Judicial Principles in Split Trials
Split trial in practice collides with the principle of justice which is simple, fast, and low cost. The purpose of this study is to determine the application of the principle of simple, fast, low cost justice and to find out the ideal or effective concept of applying the principle of simple, fast, low cost justice in a split trial. The approach used is a qualitative approach. This type of research is juridical empirical. The data used are primary data and secondary data. Data obtained through interviews and literature study. The results showed that the implementation of the principle of simple, fast, low cost in a split trial is that the principle is not fulfilled optimally. Merging the examination process at the trial in the case of splitsing, can streamline the split trial by keeping the case files separate.
Criminal Liability Political Parties in Criminal Acts of Corruption: Indonesia Korea Comparison
Political parties are often in the spotlight because of the corrupt behavior of their members with the aim of party interests. The forms of criminal acts of corruption by cadres or political party administrators have various modes, including bribery, buying and selling positions, extorting strategic sectors, harming state finances, abuse of authority and misuse of budgets in development programs. Although there are many cases where political parties are suspected of being in the vortex of enjoying the proceeds of criminal acts of corruption, until now criminal responsibility is still borne by individuals, whether cadres or administrators of political parties. This study aims to provide an overview of the criminal liability arrangements of political parties in corruption in Indonesia and to conduct a comparative study of the accountability of political parties in Indonesia and South Korea. The research method used is non-doctrinal by taking secondary data sources with legal, conceptual and grammatical approaches. The results show that Indonesia still includes political parties as corporations, however, political parties in Indonesia are legal entities that cannot be held criminally responsible. South Korea is an example of a country that regulates criminal acts of political parties through their respective laws. In general, South Korea imposes criminal responsibility on persons or administrators of party members, not on the party itself.
Political Parties, Corruption, Criminal Liability
The Judge’s Consideration in Sentencing Illegal Drug Distribution in Case No.105/Pid. Sus/2019/Pn. Slw
The rampant circulation of illegal drugs shows that the level of public awareness is still low against the risk of drug use that does not meet the requirements of BPOM. Case Number 105/Pid.sus/2019/PN.Slw is a case about illegal drug trafficking without permission from BPOM. This research was conducted to find out the considerations used by judges in sentencing in Case Number 105/Pid.sus/2019/PN.Slw. This study uses a qualitative approach. The type of research used is sociological juridical. Secondary data is collected through library studies. Primary data is collected through interviews. The results showed that the judge, in his decision, used balance theory, scientific theory and ratio decidendi theory in order to get a fair verdict in handing down the verdict.
Effectiveness of Ship Sinking of Illegal Fishing in Term of the Improvement of Local Fishermen Income
Illegal fishing in Indonesia is at an alarming point, that the Ministry of Maritime Affairs and Fisheries made a policy of ship sinking. There are pros and cons related to these sanctions, not even a little resistance from both the internal government itself and the mafia who have been enjoying the results of Illegal Fishing. The sustainability of this policy has been almost 4 years. Data represents that through this policy, illegal fishing has dropped dramatically, so that when viewed in terms of criminal penalties for deterrence (absolute theory), the policy is very effective. However, whether the policy has an impact on the income of local fishermen, logically, when there is illegal fishing of small fish, the income of local fishermen increases. In order to figure out the effectiveness of illegal fishing sanctions in relation to increasing local fishermen’s income, the researchers determined the location of the study in the Tambak Lorok Fishing Village in Semarang.
Ship Sinking; Illegal Fishing; Fishermen
Investigation Policy on Crime of Unfair Business Competition After the Enforcement of the Omnibus Law
Violations of Law 5/1999 may be subject to administrative and criminal sanctions. Administrative sanctions are imposed by KPPU, while for criminal sanctions it is not clear by whom. The legal problem is how are the investigation arrangements in Law 5/1999 in conjunction with Law 11/2020? and What is the investigation policy in the RUU Monopoly Practices?. This is a legal research with statute and conceptual approach. Primary and secondary sources were collected using the literature search and analyzed using a prescriptive method. The institution authorized to conduct investigations in Law 5/1999 in conjunction with Law 11/2020 is not clearly regulated whether from the Police or PPNS, in addition, legal subjects that can be investigated are not clearly regulated. Likewise, RUU Monopoly Practices does not improve the investigation arrangements. The only investigation setting is only in Article 39 paragraph (2) of the Monopoly Practices Bill which stipulates that KPPU in conducting searches and/or confiscations may request assistance from Polri and is not given other powers. Whereas RUU Monopoly Practices, but it is not clear how the investigation will be carried out. Suggestions for solving these legal problems are that Law 5/1999 needs to improve the investigation arrangements. Should be in English, maximum 250 words, contain the background of research, facts, research problems, method, findings, suggestions.
Constitutional and Legal Framework of Women Empowerment in India
Our Constitution as ultimate law of territory and sufficient of legislations tried to reorganize their surroundings and supply assistance for security and their upliftments. The study is an attempt to review and fall out that there is complete constitutional and other legal arrangement to deal with issues of women empowerment. However, this research paper is limited to some legal provisions and interpretations of Indian Courts only. The jurisprudence of industrialization has confirmed the very important roles as tool of social justice. Equal Remuneration Act 1976 passed with the aim of equal pay for equal work both man and woman and contained that there will be no intolerance against employment of woman and promotes chance to them. Maternity Benefit Act 1961 provides protection to women workers maternity leave, extra leave for child infancy sufficient awareness to their security and strength of woman during pregnancy and lactation. Factories Act 1948 makes comprehensive requirements concerning health, safety and welfare of employment of women. Sec.25 of Beedi and Cigar Workers (Condition and Employment) Act 1966 laid down no woman shall be obligatory to manufacturing premises except between 6 a.m. and 7 a.m. and to make sure for safety of woman.
Women empowerment, Constitutional provisions
Penal Policy for Handling Illegal Fishing in Indonesian Exclusive Economic Zone Based on Pancasila
This study discusses the policy of handling fisheries crime in Indonesia which does not run optimally between regulations and law enforcement. By using the normative juridical method by combining normative qualitative analysis and literature studies, in finding and formulating legal arguments in enforcing the law regarding the handling of fisheries crimes. The discussion of this article only focuses on regulations regarding law enforcement of fisheries crimes which have problems ranging from overlapping laws and regulations to conflicts between agencies that handle this problem, as well as criminal sanctions in the form of fines that are applied to perpetrators of illegal fishing. foreign flags are very low and there is no body confinement so that it does not cause a deterrent effect for the perpetrators. So it is necessary to make changes related to the handling of fisheries crime into a more effective form of regulation, because government policies have an important role in resolving illegal fishing legal issues in order to reduce the impact of state losses. Through policy reformulation starting from changes to laws and regulations, implementing regulations to the handling system, it can reduce the practice of illegal fishing in Indonesia.
Regulation reform; Illegal fishing; Law enforcement
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Criminal Liability in Prison Fire Case: A Case Study of Class I Tangerang Prison Fire
The existence of Correctional Institutions is part of the criminal system in Indonesia. The criminal law policy which is not yet ideal and the management of prisons that are not optimal have caused over capacity in all prisons. Therefore, in the event of a prison fire disaster, mitigation and rapid evacuation of the inmates cannot be carried out and cause death toll. When there are inmates who die as a result of a prison fire, of course, there must be a party who is responsible politically, sociologically and juridically. This study aims to determine criminal liability in prison fire cases based on the Criminal Code, Law Number 12 of 1995 concerning Corrections and other laws and regulations. This research uses normative juridical research method. Based on the results of the study, it can be seen that politically and sociologically those responsible for the fire incident were government officials who handled prison affairs, namely the Minister of Law and Human Rights, the Director General of Corrections, and the head of the prison. While juridically those responsible for the prison fire incident were the perpetrators who were found guilty either by intention or negligence, namely the prison officer for general affairs who handled prison electricity and the prison warden on duty when the fire occurred. To prevent prison fires from causing the inmates to die, it is expected that the government, will improve prison management and carry out criminal law policy reform to improve the criminal system in Indonesia.
Criminal Liability, Correctional Institution, Prison Fire Case
A Criminalization of Civil Servant in Case of Neutrality Violations in a Regional Head Election
This study aims to validate and analyze the accuracy of sentencing the the defendant as the head of the service in fulfilling the elements of the legal subject as a Civil Servant, as well as legal proof of the defendant's actions which are considered beneficial or detrimental to one of the candidate pairs. Legal research with normative juridical, as well as statutory, case, and conceptual approaches and analyzed prescriptively. The accuracy of sentencing the the defendant in Decision Number 147/Pid.Sus/2018/PN.Sdr regarding legal subjects is based that the Panel of a judge s interprets ASN holding certain positions in government as ASN. The judge's considerations did not refer to the Civil Servant Law and the the defendant was a High Pratama Official, belonging to an Echelon 2 position, and this was based on the theory of a criminal responsibility that the actions taken by the the defendant were a burden of personal responsibility not the responsibility of the position. It has nothing to do with the main duties and official functions as Head of the Social, Civil and Population Registration Service, and not as a legitimate job order task. Legal proof of the the phrase "favorable" or "detrimental" to one of the Candidate pairs is inappropriate, because it is not based on the benefit or harm is a formal offense so it does not need to be proven because there is a potential loss and at the same time the theory of economics analysis of law on the principle of optimization, proving cost-benefit analysis, the principle of balance, and the principle of efficiency.
Violation of Neutrality, Criminalization, Civil Servant Criminalization, Punishment, Criminal Sanction
Imposing Additional Criminal Sanction of Chemical Castration against Child Sexual Violence Perpetrators
This paper aims to examine the fulfillment of the requirements for implementing the judge's decision Number: 69/Pid.Sus/2019/PN Mjk in providing additional punishment in the form of chemical castration and rationalization of the Indonesian Doctors Association (IDI) in approving the implementation of the decision. The results of the study indicate that the conditions for implementing the decision No. 69/Pid.Sus/2019/Pn Mjk in providing additional punishment for chemical castration has been fulfilled, because the conditions for the imposition of additional punishment in the form of chemical castration are imposed after the convict has served the principal sentence in accordance with Article 81A paragraph (1) of Law Number 17 of 2016 concerning child protection. The reason IDI is obliged to approve the implementation of Decision Number: 69/Pid.Sus/2019/PN Mjk is that when a regulation is included in the legislation, this provision is perfectly binding and must be obeyed. So, in practice, when a doctor is asked to perform chemical castration, the doctor must do so because this provision is a legal order and there is a justification for this. The decision Sus/2019/PN Mjk is when a regulation is included in the legislation, this provision is perfectly binding and must be obeyed.
Chemical Castration, Additional Criminal Sanction, Condition for Implementing Decisions, Child Sexual Violence
Crimes of Genocide in the Viewpoint of International Criminal Law
Genocide is one of the crimes that are included in gross violations of human hights where this crime is related to ethnic cleansing which is also included in crimes against various political groups because it is difficult to identify which causes an international problem in a country. The crime of genocide in international criminal law is an extraordinary crime and is a prohibited act which was later included in the 1948 Genocide Convention, the statutes of the International Criminal Tribunals for the Former Yugoslavia (ICTY), the statutes of the International Criminal Tribunals for the Rwanda (ICTR) and the 1998 Rome statute. This study is intended to analyze the crime of genocide in the perspective of international law. This study found that the analysis and discourse of genocide in intersected with human rights theory and state responsibility. Genocide also highlighted as international crimes that are included in 4 (four) international crimes, namely genocide, crimes against humanity, war crimes, and crimes of aggression. In the Indonesian National Law Regulation, the Law of the Republic of Indonesia Number 26 of 2000 concerning the Human Rights Court in Article 7 states, the Crime of Genocide is a grave violation of human rights.
Genocide, International Criminal Law, ICTY, ICTR
The Role of The Prosecutor as Executor of Court Decisions in Returning Confiscated Objects and State Spoils in Criminal Cases: Comparing Indonesia, Malaysia, Nigeria, and Thailan
The execution of court decisions especially for confiscated objects and state spoils face some challenges in Indonesia. This research aims to find out the the executive of court decisions in the return of evidence, as well as what factors affect the presecutor as the executor of the court’s decision. The research questions formulated as first, what is the role of the presecutor in carrying out of the execution of the court's verdict on the return of evidence? and second, what are the factors that affect the presecutor as the executor of the court's decision in the return of evidence? The research method used in this research is qualitative research method with a type of socio-legal studies. This research found and highlighted that the execution of the court’s decision on the status of the evidence carried out by the Prosecutor after the adjudicator's decision has been signed. There are four factors that influence the level of effectiveness of the Prosecutor as the executor of court decisions with regard to evidence, including the legal factor itself, the community factor, the law enforcement officer factor, as well as the legal facilities and facilities factor. Various regulations have been drafted, however, none of them have explicitly regulated the threat of sanctions for prosecutors who do not immediately carry out executions, lack of coordination between related parties, and limited legal facilities and facilities are factors that affect the effectiveness of prosecutors in carrying out their duties.
Enforcement of Human Rights through Criminal Law Against Environmental Destruction Due to Batik Industry Activities
Water as one of the basic needs must be maintained both in quality and quantity. However, the occurrence of pollution in watersheds due to the influence of wastewater quality that exceeds the quality standard of wastewater can affect the carrying capacity of the environment around the river which has an impact on the violation of community rights to a good and healthy environment. One example of river water pollution occurred in the Bengawan Solo River due to the activities of the batik cloth industry in the Laweyan area. The pollution of the Bengawan Solo River is due to the lack of strict legal rules governing violations of waste water quality standards so that river water pollution is rampant and of course violates human rights for a clean and healthy environment. Currently, the article that regulates the violation of waste water quality standards is regulated in Article 100 paragraphs (1) and (2) of the Law on Environmental Protection and Management. To suppress the occurrence of river water pollution which is a violation of human rights, strict rules are needed by applying the principle of primum remedium. The research method used in this paper is a normative juridical method by examining secondary data with a statutory approach, a case approach, a conceptual approach, and a historical approach. For this reason, it is necessary to apply the principle of primum remedium to prevent river water pollution so that human rights for a good and healthy environment and obtain clean water can be enforced.
Water Pollution, Human Rights, Primum Remedium, Batik Industry
Restorative Justice against the Crimes of Murder based on Noodweer and Noodweer Exces
Cases of Noodweer and Noodweer Exces often occur in society, and it is often found that they are still can be a subject to criminal penalties. Article 49 of the Crime Code states that the Noodweer and Noodweer Exces are one of the reasons for the abolition of criminal penalties. Then, why are there still perpetrators of the crime of murder who carry out a Noodweer and Noodweer Exces can still be subject to criminal sanctions? Can this problem be solved through restorative justice? What is the judge's consideration in cases where the suspect commits a crime of murder and carries out an Noodweer and Noodweer Exces?. The presence of restorative justice as a new solution in resolving cases is one of the main keys in the process of resolving a criminal case that is fast, simple, and inexpensive. Based on article 49 of the Crime Code regarding the elimination of crimes against the perpetrators of the Noodweer and Noodweer Exces murders, Restorative Justice as a case settlement solution is expected to be applied in the Noodweer and Noodweer Exces cases in order to create an agreement on the settlement of a criminal case and obtain a fair and equitable outcome between the victim and the perpetrator.
Noodweer, Noodweer exces, Restorative justice
Legal Consequences of Offenders Possessing and Controlling Bomb Explosives Without Rights and Without Permits (Verdict 1107/Pid.Sus/2020/Pn.Tjk)
The manufacture of low explosives without a permit is very dangerous. Not only with a permit that has been set more than the level of security of the explosives. This attack on the manufacture of low explosives without a permit has been formulated in the Emergency Law no. 12 of 1951 concerning Firearms and Explosives. This type of research used normative juridical and empirical juridical methods. Results Based on the research and discussion, it is known that the Investigation Process in the case of the Crime of Possessing Unauthorized and Unlicensed Bomb Explosives is in accordance with the Investigation Procedure according to the elements contained in the criminal act, namely Whoever, Investigation, Investigation, and Arrest. The process of proof in terms of proof is one of the important elements in criminal procedural law which determines whether or not a trial is guilty. Legal Consequences of the Crime of Possessing Unauthorized and Unlicensed Bomb Explosives based on evidence in court.
Institutionalizing Customary Court in Indonesian Justice System as an Effort to Realize Access to Justice Right for Indigenous People
This study aims to find customary court institution form in an effort to reinstitute customary court in Indonesia. This research is a prescriptive doctrinal legal research, using statutory and conceptual approaches. The data used is secondary data in the form of primary legal materials, while data analysis technique used is qualitative non-positivistic using hermeneutic interpretation method. Customary disputes are included in the realm of material law that occur in the space of indigenous peoples, if they are resolved by a different formal legal institution, namely the general court as regulated in Law no. 21 of 2001 on Special Autonomy for Papua Province. In principle, the customary court is the last judiciary based on customary law, but efforts to obtain justice (access to justice) and the truth are the human rights of everyone. Therefore, everyone who seeks justice must be interpreted as the right to obtain fair recognition, guarantee, protection and legal certainty and be treated equally before the law. The idea of reviving customary justice is important because as a body of customary courts it is in charge of adjudicating customary law disputes that occur in the community.
Customary court, Law no. 21 year 2021, Access to justice
The Influence of Social Media in Era 4.0 in Criminal Law Study and Implementation of Criminal Sanctions
The purpose of the author is to provide an understanding and prevention of the dangers of social media. The times have pushed all fields in a country, one of which is the development of digital technology. Digital technology, which we know, is one form of civilization that is very looming in the community, to facilitate all one's activities. The use of social media that spreads and frees its users to carry out activities on social media, then there are no boundaries in social media except self-control. Seeing these gaps from a social media can be a place where criminal acts can occur and do not know the class of people who use social media. Social media is a form of information technology as regulated in Law Number 11 of 2008 concerning Information and Electronic Transactions in article 1 number 3 which reads: "a technique for collecting, preparing, storing, processing, announcing, analyzing, and/or or disseminate information.”. because of what has been explained in the ITE law.
Legal Protection Against The Crime of Abortion Performed by Child Victims of Rape from Victimological Perspective
Children are valuable assets that must always be guarded and protected; on the other hand, there is also inherent dignity, dignity, and rights as human beings, which must also uphold. However, he often gets rape treatment. As a result of being unable to accept the suffering experienced, the decision to have an abortion was chosen. In positive law, it does not legalize this abortion, but there are several considerations that judges can use to override the imposition of sanctions on abortions committed by children. Victimological studies can also be used as guidelines to determine the position of girls, whether they are perpetrators or victims of events. Of course, if you are a victim, you should obtain legal protection from the state. In this paper, they will discuss this problem through a case study. The type of writing used is normative juridical, secondary legal, and non-legal materials collected through library research techniques.
Legal Protection, Abortion Crime, Child Sexual Abuse
Recognizing Incidences of Unprovoked Attacks Against Police Officers in Nigeria Between 2017-2020: Charting New Pathways of Human Rights Intervention on Right to Life
The unprovoked attacks on Police Officers in Nigeria between 2017-2020 that resulted to several deaths of the Police Officers have put a question mark on the constitutional provisions guaranteeing the rights of all citizen's lives and that of the Police Officers. This paper seeks to identify why the unlawful killings of Police Officers had persisted notwithstanding constitutional provisions. lnterestingly, despite these developments, the position of international human rights law(IHRL) and Section 33 Chapter IV of the Constitution of the Federal Republic of Nigeria, 1999(as amended) has raised two key questions, first, the standards of protection by government. Second, the permissible circumstances in which persons deserves protection. This paper revealed that inadequate equipment, training and rascal attitudes of police officers towards crime prevention led to unlawful attacks on them which resulted to their deaths during the period under review. Recommendations are made towards stemming the tide. The paper adopted a doctrinal approach that focused principally on current legislations and policies on human rights protection, and concluded with the view that the national and international policy makers have a moral, ethical and legal obligations to protect the lives of police officers as they are entitled to such protection based on their human rights and by so doing it will help to compliment the provisions of the Universal Declaration of Human Rights, 1948 as well as Section 33 Chapter IV of the Constitution of the Federal Republic of Nigeria, 1999.
Unprovoked Attacks; Police Officers; Human Rights; Right to Life; Nigeria
Criminal Liability for The Provision of Illegal WIFI Telecommunications Services
The impact of globalization and the rapid development of telecommunications technology has implications for changes in the operation and perspective of telecommunications, especially in the provision of Wi-Fi telecommunications services (ISP). The survey carried out by the Indonesian Internet Service Providers Association (APJII) Indonesia has reached 77.02% or the total population connected to the internet is 210,026,769 of the total population of 272,682,600 Indonesians in 2021. Along with the development of technology, of course It is undeniable that there will be potential violations or disobedience from people who do not comply with the provisions of laws and regulations so that they violate the rights of other communities. The rise of ISP and unlicensed or illegal Wi-Fi resellers has caused losses not only to the community but also to the national economy. Lack of understanding regarding licensing results in ISPs being subject to administrative sanctions to imprisonment. The purpose of this study is to find out how criminal liability for the operation of illegal Wi-Fi telecommunications services.
Illegal, Liability, Telecommunication, Wi-Fi
Copyright (c) 2023 https://creativecommons.org/licenses/by/4.0
Disbanding Prostitution Localization is Violating Female Sex Worker's Right's: A Case of Indonesia
Many see prostitution as controversial, as it has few, if not many things to do with morality and public safety. For Indonesia in particular, such practice is also contradictory with the religious teachings upheld by the society. Realizing that the majority of people stand against prostitution practice, government authorities are competing to entirely wipe out prostitution by disbanding prostitution localizations. Total of 160 prostitution localizations had been disbanded in the span of 2016-2019. However, such attempt did not evaluate safety concerns for therein female sex workers (FSW). Prostitution will flourish, localized or not. Thus, FSW were relocating to scattered areas (increasing safety risk) or soliciting online (violating more laws). The disappearance of monitored zones for sex business will address new problems, resulted from negative effects of uncontrolled prostitution. This research is a preliminary analysis in criticizing the Indonesian government policy for disbanding prostitution localizations. Indonesia’s government promoted eradication of prostitution to conform with norms while in national level, prostitution is not entirely illegal. Sex work is not a crime and in the history, regional governments had been accommodating area for prostitution. That, in a way, provided safety for FSW from criminalization. However, a full recognition, let alone legalization, of prostitution is still far from achieved. The authors concluded that the recent prostitution localizations dissolution is a hostile attempt to eliminate the rights of FSW as women, including rights for welfare and a safe work environment. Thus, strict control for prostitution through localizations for sex work is actually the answer for a safe, monitored prostitution industry and should have not been disbanded.
Prostitution Localization, Dissolution Policy, Female Sex Workers, Women’s Right, States Responsibility