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)
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
Copyright (c) 2022 https://creativecommons.org/licenses/by/4.0
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
Zenny Rezania Dewantary, Anathasia Citra, Ni Luh Larasathy Pinkan Prameshwary
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
Indonesia’s Imperative Asset Forfeiture Bill to Combat Illicit Enrichment
Corruption poses a severe threat to Indonesia’s socio-economic development and political stability. Illicit enrichment, particularly prevalent among public officials and individuals in positions of power, perpetuates this issue by allowing for the unlawful accumulation of wealth through corrupt practices. The absence of comprehensive legislation targeting illicit enrichment has hindered effective deterrence and recovery efforts. The proposed Asset Forfeiture Bill emerges as a crucial initiative aimed at addressing these challenges. This paper underscores the pressing need for the Asset Forfeiture Bill within Indonesia’s anti-corruption framework. By enabling the confiscation of assets acquired through corrupt means, the bill promises to disrupt the incentive structure that drives corruption. It fills existing legal gaps that have previously hindered asset recovery and underscores accountability among public officials. Moreover, the bill is poised to strengthen Indonesia's legal arsenal against corruption, signaling a commitment to transparency and governance reform. Implementation of the Asset Forfeiture Bill is expected to enhance public trust in governmental institutions and foster a more conducive environment for sustainable development. By deterring illicit enrichment and recovering misappropriated public resources, Indonesia can bolster its efforts towards achieving integrity in governance and fostering economic growth. This paper advocates for the prompt adoption and effective implementation of the Asset Forfeiture Bill as a critical step towards combating corruption and promoting a fairer and more equitable society in Indonesia.
Policies on Prevention and Repression Against Sexual Violence for Higher Education: The Challenges and Expectations
The Government's Policies on Prevention and Repression against Sexual violance in Higher Education through the Regulation of the Minister of Education, Culture, Research, and Technology of the Republic of Indonesia Number 30 of 2021 is a symbol of follow-up from the government to address the phenomenon of sexual violence in tertiary institutions in Indonesia. This study aims to analyze the challenges and expectations related to this policy. There are a number of qualitative and quantitative methods that are used in this study, which include interviews, questionnaires, and document analyses, and all are empirical research methods. There are several tertiary institutions in Indonesia, particularly those in Bengkulu City that have implemented Government's Policies on Prevention and Repression against Sexual violance in Higher Education, according to the results of this study. It is also important to note that there are also tertiary institutions that have not implemented these policies, but instead have their own policies or rules in regards to dealing with incidents of sexual violence at their institutions. A number of tertiary institutions, including tertiary schools in Indonesia, follow up on the rules governing the prevention and handling of sexual violence, but they follow policies that are not in line with the Regulation of the Minister of Education, Culture, Research and Technology of the Republic of Indonesia Number 30 of 2021 on Government's Policies on Prevention and Repression against Sexual violance in Higher Education.
Policy, Sexual Violence, Higher Education
The Urgency of Legal Justice for Society Against the Expansion of the Authority of Judges From a Criminal Law Perspective
Expansion of the authority of judges in the RKUHP is an interesting discussion where this is related to guaranteeing legal certainty for the community. The purpose of this research is to examine more deeply the impact of expanding the authority of judges in the RKUHP on legal certainty. The method used is a qualitative method. Then for this type of research using literature study by collecting journal articles related to the title being studied. The results of this study indicate that the expansion of authority in the form of judicial pardon is a means for realizing a balance between legal certainty and justice for the community, both of which are closely related to one another. In the RKUHP, the existence of the judge's pardon principle indicates a more flexible nature in criminal law. Unlike in the western Criminal Code which is more rigid. It is feared that this flexible nature will lead to more acts of fraud by law enforcers. In real terms, crime in Indonesia is increasingly modern. So that right now it really needs a legal system that is firm and able to provide legal certainty for its citizens. Studies related to the expansion of the judge's authority which are classified as increasingly flexible in the RKUHP are very important to do. Judicial Pardon is expected to be able to provide a balance between legal certainty and legal justice.
Justice, Legal Certainty, Judicial Pardon
A Human Rights Discourse on Death Penalty for Corruptors during the Outbreaks: Reflection on the Covid 19 Pandemic
The Covid-19 pandemic profoundly impacted Indonesia's stability, yet amidst these challenges, a senior official within the Ministry of Social Affairs engaged in corrupt practices related to social grants, an offense stipulated under Article 2 paragraph (2) of Law No. 20 of 2001, amending Law No. 31 of 1999 on Corruption, which mandates the death penalty. This research examines the tension between imposing the death penalty on corruption offenders during emergencies and the human rights perspective, particularly in Indonesia. Employing a qualitative normative juridical method rooted in criminal law and human rights standards, the study reveals that despite the provision allowing for the death penalty for corruption during Covid-19, Indonesia adopts a moderately particularistic human rights stance that regards human rights as universal principles while addressing national concerns. The study highlights Indonesia's nuanced approach to human rights in the context of criminal justice, particularly concerning the application of the death penalty to corruption offenders during crises. It underscores the country's effort to uphold human rights as universal while recognizing national circumstances. This research contributes to ongoing scholarly debates on the intersection of emergency measures, criminal justice, and human rights, offering insights into how states navigate legal provisions in times of crisis to maintain stability without compromising fundamental rights. The findings provide a critical perspective for policymakers, legal practitioners, and human rights advocates grappling with issues of justice and rights protection amid global emergencies.
Covid19 Pandemic, Death Penalty in Indonesia, Human Rights
Sharia Fintech In The Digital Age: Human Rights in Sharia Fintech Through Criminal Law Safeguards
This research analyses the impact of Sharia fintech development on human rights in the Industrial Revolution 4.0 and Society 5.0. In this digital era, technological developments have brought a significant revolution in the financial sector, including within the scope of sharia finance. This study aims to analyze the impact of the expansion of sharia fintech on human rights in a broader context. This research uses a normative legal method by adopting a statutory, conceptual, comparative and futuristic approach. By using analytical content, this study explores the impact generated by implementing sharia fintech on aspects related to human rights, including financial inclusion, social justice, and economic opportunities. The analysis shows that sharia fintech, operating with Islamic economic principles emphasizing fairness, sustainability, and risk sharing, can contribute to fulfilling and protecting human rights. Along with the benefits offered, such as increasing access to financial services for the public, potential challenges and obstacles are also considered, including data privacy and cyber security issues. The results of this study Research shows that Islamic FinTech in Indonesia has great potential to improve financial inclusion and economic justice, especially for marginalised groups. However, challenges such as limited awareness, immature regulations, and security concerns need to be addressed through supportive regulations, public education, and collaboration with Islamic financial institutions. The importance of balancing technological innovation, sharia ethics, and legal protection is reflected in the implementation of various laws in Indonesia, such as the Criminal Code, ITE Law, and Personal Data Protection Law, to regulate electronic transactions, protect personal data, and prevent financial crimes.
Keywords Sharia Fintech, Digital Era, Human Rights, Financial Inclusion, Social Justice
Evolution of Corporate Criminal Liability Models and Theories under Indonesian New Criminal Code
Corporate crime, also known as white-collar crime, has persisted in Indonesia for decades, evolving alongside the country's economic and industrial growth. Various models and theories have emerged to address these issues, reflecting a growing recognition of the need for robust legal frameworks to combat corporate misconduct. Normative legal research methods have been employed in this study, focusing specifically on the criminal law aspects related to the development of corporate criminal liability theories and concepts under Law Number 1 of 2023. Law Number 1 of 2023 introduces the corporation as a maker and also a responsible corporation model of corporate criminal liability, recognizing corporations as legal entities capable of being held accountable for their actions. This statutory framework represents a significant advancement, reinforcing Supreme Court Regulation Number 13 of 2016. The research explores various perspectives on corporate responsibility models and theories, offering ideal solutions for their application and development within Indonesia's legal framework. This evolution signifies Indonesia's commitment to enhancing corporate accountability and ethical standards, aligning its legal principles with international norms while addressing domestic challenges. By integrating these models and theories into its legal system, Indonesia aims to foster a corporate culture that prioritizes compliance and ethical conduct, thereby mitigating the impact of corporate crime on society and promoting sustainable economic development.
Criminal Liability, Models and Theories Corporation, Law Number 1 of 2023
Why Did a Five-Year-Old Toddler Become a Victim of Murder? A Criminological and Legal Perspective
The tragic and heart-wrenching case of a five-year-old toddler becoming a victim of murder raises numerous questions about the circumstances leading to such a heinous act. This study provides an overview of the factors that might have contributed to this deeply distressing incident. It explores potential reasons, such as family dynamics, societal pressures, mental health issues, and the legal framework surrounding child protection. Understanding the complex interplay of these factors is essential for both preventing similar tragedies in the future and offering appropriate support to affected families. While the global COVID-19 pandemic is gradually receding, reflecting on the past two years reveals a relentless surge in cases that seemed to halt the world momentarily. Amidst the widespread reports of COVID-19 infiltrating Indonesia, the shocking occurrence of a fifteen-year-old taking the life of a five-year-old toddler in Sawah Besar Jakarta in March 2020 deeply unsettled the Indonesian populace. This incident prompts the question: what circumstances led to such a tragic event? What were the motivations driving the perpetrators’ actions? Why did a defenseless five-year-old child fall victim to murder? This study emphasizes the urgency of addressing the root causes of such acts of violence against children, shedding light on the need for comprehensive measures to protect the most vulnerable members of our society.
Criminology, Murder, Child, Crime Motivation
Anticorruption School: A Solution to Building the Integrity of Judges
The anti-corruption school is an essential solution to help build judges' integrity in the era of Industrial Revolution 4.0 and Society 5.0. The era of Industrial Revolution 4.0 and Society 5.0 requires judges to understand and face increasingly complex and diverse legal challenges, including overcoming increasingly sophisticated and well-organized corruption crimes. The research method used is qualitative. The approaches used are the statutory approach, the conceptual approach, the comparative approach, the futuristic approach, and the philosophical approach. The nature of this research is descriptive-prescriptive, and it was analyzed using content analysis. The result of this research is that the anticorruption school model will help strengthen the integrity of judges, promote transparency and accountability, and increase public trust in the judiciary through a comprehensive and integrated approach. The anti-corruption school model could be an effective solution for helping judges face the challenges of the Industrial Revolution 4.0 and Society 5.0. The Anticorruption School is the best model for creating judges' integrity. Judges can acquire the knowledge, skills, and attitudes through structured and systematic education and training to avoid corrupt practices and maintain their integrity as law enforcers.
Model, School, Anticorruption, Judges, Indonesia
Safe Harbor Principle, Exclusion of Criminal Liability for Platform Service Providers
In the era of Society 5.0, characterized by the pervasive digitalization of societal functions, platform service providers play a pivotal role. These platforms, however, are frequently exploited by users for unlawful activities. This study investigates the prerequisites for invoking the safe harbor principle, which shields service providers from criminal liability. Employing a qualitative research approach, secondary data was gathered through a comprehensive literature review and subsequently analyzed qualitatively. The safe harbor principle serves as a critical legal mechanism utilized by platform service providers to shield themselves from legal repercussions arising from illicit actions committed by their users. To qualify for this exemption, providers typically must promptly remove unlawful content upon notification and refrain from active involvement in the transmission of such information. However, recent developments indicate that providers may forfeit safe harbor protection if they play a significant role in moderating or curating content on their platforms. This research underscores the essential conditions that platform service providers must meet to avail themselves of the safe harbor principle, highlighting the nuanced balance between facilitating digital innovation and upholding legal accountability. By clarifying these conditions amidst evolving regulatory landscapes, this study contributes to ongoing discussions on legal frameworks governing digital platforms, offering insights crucial for policymakers, legal practitioners, and stakeholders navigating the intersection of technology, law, and societal governance.
Indung Wijayanto, Cahya Wulandari, Rasdi Rasdi
Unravelling Financial Wrongdoing: A Regulatory Perspective on Crimes in the Indonesian Capital Market
The perpetration of offenses within the Indonesian capital market poses a multifaceted challenge, intricately tied to the complexities of evidentiary establishment and legal pursuit within judicial contexts. This research investigates the pivotal role of Indonesia's capital market in its economic development, analyzing the impact of regulatory evolution from BAPEPAM to OJK. It aims to assess the efficacy of stringent regulatory frameworks in maintaining market integrity and bolstering investor confidence, while ensuring legal consequences for transgressors. Employing normative research methods, the study meticulously analyzes statutory regulations and normative constructs governing the capital market, confirming its critical role in national economic well-being and advancement. The transition from BAPEPAM to OJK underscores the dynamic nature of financial markets and underscores the imperative of preserving investor confidence and market integrity. Indonesia's capital market operates within robust regulatory frameworks designed to uphold transparency in securities trading and safeguard investor interests, with explicit prohibitions against fraud, market manipulation, insider trading, and record tampering. These measures underscore Indonesia's unwavering commitment to fostering trust and integrity within its capital market industry, imposing substantive legal consequences on offenders.
Capital Market, Financial Crime, Financial Watchdog, Regulatory Framework
The Fate of Indigenous Peoples' Rights Recognition After the Enactment of the National Criminal Code
This recognition requires further regulation through a Government Regulation and serves as a procedural requirement for being acknowledged as indigenous peoples. The purpose of this article is to provide us an overview of how the recognition requirements for indigenous peoples as outlined in legislation, both before and after the enactment of the Criminal Code. Additionally, it examines the struggles of indigenous peoples in Ecuador, who have organized themselves into indigenous groups to fight for the rights that have been taken away from them. This research employs a statutory approach, a comparative approach, and an interdisciplinary approach in law commonly referred to as socio-legal research. As a result of this, indigenous peoples often find themselves in a weak position relative to the dominant authority of the state. The government needs to provide political recognition affirming that indigenous peoples are equal legal subjects with the state and possess the capacity to act legally to represent their interests as indigenous groups. With the enactment of the National Criminal Code set for 2026, this recognition may pave the way for indigenous peoples to become equal parties when engaging with the state in matters of customary criminal law. Additionally, the indigenous movement in Ecuador serves as a significant point of reflection. Their ability to unite indigenous peoples and nations under a national framework has profoundly influenced the political and legal landscape.
Recognition, Society, Adat, National Criminal Code
Copyright (c) 2024 https://creativecommons.org/licenses/by/4.0
Application of Restitution for Criminal Acts Victims: Between Rules and Reality
Restitution is compensation provided to victims of a crime or their families by the perpetrator or a third party to cover losses from damage to property or income, suffering caused by the crime, and costs for medical or psychological care. Restitution serves as a critical mechanism for ensuring legal protection by aiding in the recovery of victims affected by criminal acts. This is regulated under Law Number 31 of 2014 on the Protection of Witnesses and Victims. However, challenges arise in its implementation, as seen in cases like Decision 1/PID.SUS/2023/PT Bdg, along with various issues in the application of restitution in court rulings, which will be analyzed in this study. This research examines these issues using normative legal research, employing both a legal and case study approach.
Evaluation of Electronic Evidence in Criminal Justice in the Era of Advanced Artificial Intelligence Technology
Law enforcement is one of the many facets of society that have seen substantial changes as a result of the quick growth of digital technology, especially artificial intelligence (AI). The purpose of this study is to assess how electronic evidence is used in Indonesia's criminal justice system, pinpoint the difficulties encountered, and offer suggestions for enhancing the efficiency and equity of electronic evidence in the age of artificial intelligence. In line with the technological elements included in digital and criminal investigation research methodologies, this qualitative study aids in the creation of a theoretical framework for the use of electronic evidence in the setting of artificial intelligence. The results show that Indonesian law is now able to meet the needs of the digital age with its adaptation to technological advancements. Finding material truth in court proceedings is made possible by electronic evidence, which is legally acknowledged as a legitimate tool in criminal justice. To successfully address these issues and optimize the use of AI in the legal system, it is imperative to develop a strong ethical framework, improve law enforcement capacities, and update rules on a regular basis.
Electronic Evidence, Artificial Intelligence, Criminal Justice
The Enforcement of Defamation Law Regarding the Creation of a “Meme” Sticker on WhatsApp
Creating meme stickers on WhatsApp using photos of others has become a common trend. However, often the individuals depicted in these memes feel offended and argue that such actions defame their reputation. The article on defamation is regulated in Article 27 A paragraph (1) of Law 1/2024 (amendment to Article 27 of Law 11/2008). This research employs normative juridical research methods and finds that the act of creating meme stickers on WhatsApp does not constitute the offense of defamation under Article 27 A paragraph (1) of Law 1/2024 as it does not meet the elements of accusation. However, creating Meme Stickers using other people's faces fulfills the criteria outlined in Article 32 paragraph (1) of Law 11/2008, which is the Prohibition of Changing other people's entities without permission. This research will also examine the role of the National Criminal Code which serves as the Ius Constituendum of Criminal Law. Under the National Criminal Code, meme sticker makers on WhatsApp could be subject to the provisions of the Article of Light Insult, specifically in Articles 436, 441 and 440.
Defamation, Memes, Stickers, WhatsApp, ITE Law
Utilization of Neuroimaging in Criminal Justice: Unveiling Truth Through Brain Technology
The integration of neuroimaging technology in criminal justice worldwide has opened new avenues for understanding the neural underpinnings of criminal behavior and improving the accuracy of legal processes. This paper explores the application of neuroimaging techniques, such as functional Magnetic Resonance Imaging (fMRI) and Positron Emission Tomography (PET), in the context of criminal investigations and trials. Neuroimaging provides insight into brain function related to intent, deception, memory, and cognitive control, which is critical in determining culpability and assessing mental states. By reviewing case studies and current research, this study evaluates the potential benefits and ethical challenges of using neuroimaging as evidence in court. The findings suggest that although neuroimaging holds the promise of improving the objectivity and reliability of criminal justice, its use should be conducted with caution due to legal, ethical, and technical limitations. The paper concludes with recommendations for the responsible integration of neuroimaging into legal practice to ensure fairness and protect the rights of individuals. The implications of these findings for criminal law enforcement in Indonesia are also discussed, highlighting the potential of applying neuroimaging techniques to improve the fairness and effectiveness of the legal system.
Neuroimaging, Criminal Justice, Legal Evidence, Brain Technology, Mental State Assessment
Degradation of the Stigma of Prison as a Criminal School Through Supervised Sentence as an Alternative to Imprisonment
With the development of penal theory, the retributive approach to punishment is increasingly seen as misaligned with the needs of society. As a result, there is a recognized need for legal provisions that reflect societal values and emphasize punishment goals that strengthen the community. Prison sentences often lead to issues such as overcrowded facilities and a failure to meet punishment goals. Additionally, many convicts tend to become recidivists after completing their sentences in correctional institutions, reinforcing the stigma of prisons as "criminal schools." The issues to be examined include: a) how are conditional sentences regulated in Law Number 1 of 1946?; and b) how is the policy of supervision sentences as an alternative to imprisonment in degrading the stigma of prison as a criminal school? The research was conducted using a normative method, with a legislative approach. The legal materials used include both primary and secondary legal materials, which were analyzed using deductive analysis techniques. Under the old Penal Code, conditional sentences did not involve immediate imprisonment; instead, the convicted person was given the opportunity to prove their ability to live as a good citizen during a specified probation period. In contrast, the National Penal Code introduces alternatives to prison sentences, such as supervision sentences. These supervision sentences in the National Penal Code serve as an extension of conditional sentences, placing greater emphasis on more intensive and structured supervision. The placement of convicts outside correctional institutions is considered the primary penal system, with the imposition of supervised sentences based on general and specific requirements. In future implementation, an ideal model for the execution of this supervisory sentence is required.
Criminal Code, Sentencing, Supervision Penalty
Optimizing Oversight: Developing an Ideal Framework for Supervision Prisoners’ Rights Allocation
This study analyzes the problem of a prosecutor’s procrastination in executing a court judgment that delays the prisoners’ serving their sentences and causes some irregularities in the correctional facilities regarding the prisoners’ rights trade. The introduction of many prisons without a specific body to supervise the execution of the sentence, particularly the warded people’s freedom in Indonesia, appeared to have unfulfilled justice in the society. In this regard, this research aims to define the validity of the need to enhance the Supervision of prisoners’ rights protection in Central Java. It describes an optimal system relevant to such Supervision. The type of research that was utilized in this study is sociological juridical. Sociological juridical research serves to be the opposite of normative legal research. It is revealed that there have been ongoing infringements of prisoners’ rights, highlighting the further need to set a more comprehensive mechanism that would include the Police, the Prosecutors, the Courts, and the Correctional Institutions in the system of oversight and other management functions. Every level in the hierarchy system of the Criminal Justice System has its limit on including the human rights of prisoners containing adequate risks of intrusion, where checks and balances must be exercised. Formally and horizontally, these rights must be assured and upheld both legally and in their spirit by Justice and the Law. This study’s findings are that appropriate measures need to be applied to implement better Supervision policies aimed at safeguarding the human rights of prisoners and ensuring the justice system in Indonesia is not compromised.
Construction, Correctional, Supervision, Prisoners' Rights
Panopticon Strategy in Juvenile Delinquency Regulation and Rehabilitation in Indonesia
This study addresses juvenile delinquency in Indonesia through a combined legal and social analysis, proposing innovative solutions for sustainable impact. Drawing inspiration from Michael Foucault's Panopticon theory, the study examines how Law Number 1 of 2023 on the Criminal Code interacts with evolving social dynamics. It advocates for a flexible legal framework that not only punishes but also emphasizes rehabilitation and social reintegration for adolescents. The research underscores the critical need for legal reforms that adapt to changing societal norms and challenges posed by information technology. It explores the influence of unrestricted digital media access on adolescent behavior, including phenomena like klithih, which reflects community and peer influences. The study's findings highlight the pivotal role of family, peers, and community in shaping youth behavior and calls for enhanced community-based education and supervision strategies. Consequently, the study proposes recommendations for a more humane and effective legal approach to juvenile delinquency. These include prevention strategies that empower communities in educating and monitoring young people. By advocating for a holistic and evidence-based approach, this research aims to inspire policymakers, legal practitioners, and the public to foster a supportive environment for Indonesian youth, paving the way for a brighter future.
Juvenile Delinquency, Social Rehabilitation, Panopticon, Legal Regulation
Integrating Due Process Into The Enforcement Framework of Criminal Law Politics
Criminal Law Reform endeavours to establish legal frameworks that meet society's evolving needs within the realm of criminal justice. It involves revising existing legal standards to craft new regulations that can effectively address contemporary challenges. The core aim is to keep pace with societal changes, ensuring that criminal law remains relevant and responsive to real-world circumstances. Central to this is the concept of due process, a cornerstone of criminal justice systems worldwide, which safeguards individual liberties and human rights. It underscores the intrinsic connection between criminal law and due process, highlighting their indispensable unity. This study explores the vital role of due process in shaping law enforcement practices within the criminal justice domain, seeking to assess its significance in upholding individual rights while facilitating efficient law enforcement. The research methodology involves qualitative analysis through the examination of legal texts, case studies, and evaluations of policies. Findings suggest that due process of law plays a vital role in balancing law enforcement effectiveness with civil liberties protection. The conclusion emphasizes the importance of integrating due process principles uniformly into criminal justice systems to promote fairness and strengthen the rule of law.
Criminal Law, Criminal Law Reform, Due Process Of Law
Progressionism Restorative Justice Policies in Achieving Rehabilitative Criminal Justice
This study aims to deeply examine and analyze ideal restorative justice policies, focusing on actualizing rehabilitative criminal law enforcement. By directly observing law in action, it explores how these policies are implemented and their impact, providing insights into effective, humane approaches within the criminal justice system.The main problems are how are the progressivism of restorative justice policy works in actualizing criminal enforcement that is rehabilitative?. Research method is Socio Legal, which is done by studying secondary data and conducting interviews. After that, the collected data is analyzed through a qualitative way. The urgency of this study lies in the frequent use of restorative justice policies for prosecuting criminal offenders. Through comprehensive, recent socio-legal research, this study examines the ideal implementation of restorative justice to achieve rehabilitative criminal law enforcement. Findings indicate that restorative justice should enable law enforcers to use penal codes as rehabilitative tools. The study concludes that restorative justice policies should include compensation requirements proportionate to the perpetrator's crime, ensuring a balanced and effective rehabilitative approach within the legal framework.
Criminal Law Policy, Legal Progressivism, Restorative Justice
The Implementation of Scientific Crime Investigation Mechanisms in Police Regional Office Proof Criminal Cases
Investigation is a critical stage in criminal proceedings aimed at uncovering evidence to illuminate the nature of an offense and identify its perpetrator or suspect. The application of Scientific Crime Investigation (SCI) methods in these investigations leverages a scientific approach drawn from diverse disciplines to enhance the collection and analysis of evidence. This study seeks to underscore the importance of integrating SCI into the substantiation of criminal cases and explore its operational implementation within police regional offices. This empirical juridical research draws upon library materials and field studies to examine the urgency and efficacy of SCI in criminal investigations. Data analysis employs a descriptive-qualitative method to elucidate how the SCI method functions as a systematic tool in gathering evidence crucial for courtroom presentation. The evidentiary robustness of SCI findings, including expert testimonies and forensic reports, lends them substantial weight as incontrovertible evidence obtained through rigorous scientific processes. Aligned with legal theories such as bewisjmidellen, bewijsmnimum, negatief wettelijk bewijstheorie, bewisjkracht, and bewijsvoering, the SCI method encompasses several key components: 1) Identification, involving the examination of fingerprints to establish identities; 2) Digital forensics, for analyzing electronic and digital evidence; 3) Forensic psychology, aiding in the assessment of psychological states of victims, witnesses, and perpetrators; and 4) Forensic medicine, facilitating examinations related to injuries, poisoning, or fatalities conducted by forensic physicians. Each phase of the SCI method adheres rigorously to legal frameworks and procedural guidelines. By integrating these specialized disciplines, SCI enhances the investigative process, ensuring thoroughness and credibility in the pursuit of justice within the bounds of the law.
Scientific Crime Investigation, Proving; Investigation