IJCLS (Indonesian Journal of Criminal Law Studies)
Latest Publications


TOTAL DOCUMENTS

44
(FIVE YEARS 44)

H-INDEX

0
(FIVE YEARS 0)

Published By Universitas Negeri Semarang

2654-8313, 2654-8305

2020 ◽  
Vol 5 (1) ◽  
pp. 75-100
Author(s):  
Ngboawaji Daniel Nte ◽  
Graham Gande ◽  
Michael Uzorka

Contemporary Nigeria has witnessed monumental rise in crime wave and in the quest to stem the tide, government has adopted various security policies to secure the lives and property of its citizens in the past, but none of these policies have actually yielded positive results. Human abduction, armed robbery, terrorism, bomb attacks and lots more have been the order of the day in the Country. The study seeks to ascertain the impact of closed circuit television (CCTV) cameras in Abuja metropolis. Six research questions and two hypotheses were formulated to guide the study, related literatures were adequately reviewed. A population of size of 900 was selected out of which a sample size of 300 respondents, which cut across all walks of life, participated in the study. Structured questionnaire was designed and used as instrument for data collection. Data collected were analyzed using direct interpretation of results gotten from respondents. Findings of the research revealed significant relationship between closed circuit television cameras and theory of deterrence, criminal justice, fear of crime, legality, policy formation and regulation of closed circuit television (CCTV). The development of software that can be integrated with the CCTV to display a person’s bio-data on the monitor when captured by the CCTV camera is among other recommendations for further research study.


2020 ◽  
Vol 5 (1) ◽  
pp. 55-62
Author(s):  
Salma Widiasyam ◽  
Oheo Haris ◽  
Siti Aisah Abdullah

The purpose of this research is to determine whether the rehabilitation of the victims of narcotics abuse in the decree of the District Court of Kendari No. 236/Pid. Sus/2019/PN K has fulfilled the element of Article 54 Act number 35 year 2009. The type of research used in this study is normative research, using the Statute Approach, Case Approach, Conceptual Approach.Based on the results the authors conclude that narcotic addicts and narcotics abuse victims are obliged to undergo medical rehabilitation and social rehabilitation. The judge in the its verdict prosecute convicted because it has been proven legally and committed guilty of committing a criminal offence "narcotic abuse for himself", dropping a criminal against the defendant with imprisonment for 1 (one) year and 2 (two) months have in accordance with article 127 paragraph (1) of Law No. 35 Year 2009. However, in the ruling judge ignores article 127 paragraph (2) and paragraph (3) of Law No. 35 Year 2009 that the obligation of the judge in providing rehabilitation efforts against the defendant cases of drug abuse in line with the issuance of Circular Letter of Supreme Court No. 4 Year 2010.


2020 ◽  
Vol 5 (1) ◽  
pp. 63-74
Author(s):  
Massulthan Rafi Wijaya ◽  
Ridwan Arifin

Cybercrime is a new type of crime arising from globalization in this world. This crime is more dangerous than other crimes because the impact can cause world war. It is undeniable that this crime in the present has grown as time goes by until now, there are many cases of this crime. All countries compete to advance their technology for positive things, but many people abuse it for negative actions. We must be vigilant if we want to use technology because there are many bad people out there, if we are negligent then we can be affected by those bad people. Then the lack of public attention now that there is a new type of crime that is more dangerous than other crimes. We must protect each other so that we are not affected by cybercrime. This crime does not only have one sector but can be in all sectors, because this crime can be said to be an extraordinary crime.


2020 ◽  
Vol 5 (1) ◽  
pp. 15-20
Author(s):  
Esa Arung Syuhada

Article 34 paragraph 1 of the 1945 Constitution states that "the poor and neglected children are maintained by the state. The research method uses normative law, specifications of descriptive analytical research, primary data sources and additional data sources, primary data collection methods and secondary data sources, the method of presenting data is descriptive analytical, data analysis methods of legal material analysis techniques using content analysis.Research results show that the factors that cause the emergence of street children in the Kendal area are economic factors, unemployment, low parent income. The efforts of Kendal District Social Service in handling street children formally and non-formally in Kendal are Preventive Efforts, Repressive Efforts, Rehabilitation Efforts. Legal protection for street children who commit criminal acts committed by street children in the Kendal area, handling is done through open houses. To provide alternatives other than open houses, other forms of opportunity use criminal sanctions as a last resort. street children who do the shopping on the road can be arrested. Then it is accommodated and then given a kind of action (maatregel) with the judge's decision entered into a special penitentiary or rehabilitation institution


2020 ◽  
Vol 5 (1) ◽  
pp. 1-14
Author(s):  
Muhammad Thaufik Hidayat ◽  
Anis Widyawati

The purpose of this study is to explain and describe how the formulation policy of weekend detention in Indonesia's positive law and how the formulation policy of weekend detention in the Indonesian criminal law reform in the future  (ius constituendum). This research uses normative juridical method of research which is legal research conducted by examining the library material in the form of secondary data such as law or library material as well as other documents that support and data retrieval technique used is library research techniques and analysis of data used is interactive analysis model. The results showed that (1) criminal formulation policy the weekend detention in Indonesia's positive law of the arrangement in the correctional Institution is not regulated about the policy of weekend detention. However, in Indonesian positive law formulation has an assimilation program which is one of the programs in the actual criminal implementation almost resembles a weekend detention system. (2) The policy formulation of the weekend detention in the renewal of Indonesian criminal law (penal policy) can be done by the study of the law comparative countries such as France, Portugal, Vanuatu, Queensland and New South Wales that have implemented a relatively advanced prison system that is the weekend detention. The formulation of weekend detention that is expected to be valid in Indonesia in the future is to develop it firmly in the draft Penal code and paste it in article 65 the Draft Penal code or if the government is about to arrange codification in the law of criminal implementation, the weekend detention is entered in one of the types of criminal sanctions.


2020 ◽  
Vol 5 (1) ◽  
pp. 21-38
Author(s):  
Sutrisno Sutrisno ◽  
Dwi Haryadi ◽  
Jean Darc Noviayanti Manik

The application of additional punishment of the revocation of political rights in the form of voting and/or voting rights elected in the elections to the corruption convicts was as an attempt to eradicate the extraordinary Corruption of crime and part of severe punishment and a charge of corruption convicts. The purpose of this research, namely: first, to know and analyze the implementation requirements of additional punishment of revocation of political rights to corruption prisoners in the perspective of human rights; Second, to know and analyze the position of additional penalty for the revocation of political rights in the purpose of punishment in Indonesia. The type of research used is normative juridical research with a legal approach, conceptual approach, a case approach approach, and a comparative approach. The results of the study proved that: first, political rights can be classified in the right to freedom of thought and a conscience that is unable to be reduced under any circumstance and attached to the status of citizens. The application of the additional penalty was the act of degrading and dignity of corruption prisoners as citizens because of the impact on the elimination of Rights and the disclosure of political rights of corruption prisoners until its application does not meet the requirements of the restriction on human rights in the perspective of the relative-particulate matter; Secondly, the theory of the goal of punishment in accordance with Indonesian philosophy is correctional which is also a rationality of the implementation of prison sentence as does Law No. 12 of 1995 about Correctional. The position of additional penalty for revocation of political rights is as an instrument of conforming or contrary to the purpose of punishment in Indonesia, namely correctional throughout its application to open an opportunity for the elimination of rights and not accompanied by an attempt to recover the rights that have been revoked


2020 ◽  
Vol 5 (1) ◽  
pp. 39-54
Author(s):  
Poerwoko Hadi Sasmito ◽  
Beniharmoni Harefa

Some Indonesians in refugee camps in Syria state they want to return to Indonesia. The plan to repatriate the Indonesian ex-ISIS then raises the pros and cons. Some consider that Indonesian citizen who have joined ISIS deserve to be given the opportunity to improve themselves and have a right to be returned to Indonesia if they really want to repent. Some are worried that the repatriation of Indonesian citizen who join ISIS would create new problems in Indonesia. The problem is that among them there are dozens of children, and they are not combatants who took up arms against Iraq and Syria. They just follow where their parents go. Using the normative juridical study method, this paper explains the potential impact that can arise on national security if the Indonesian government adopts a policy of repatriating Indonesian children who used to join ISIS. The results in this study then provide a prescription that should be carried out by the Indonesian government towards Indonesian children who used to join ISIS


2019 ◽  
Vol 4 (1) ◽  
pp. 93-106
Author(s):  
Agustya Catur Mahendra

Indonesia is a country that has an ideological foundation, namely Pancasila, while Turkey is a country that has a foundation of ideology of Kemalism. Every country must have a different ideological foundation and certainly has a different legal system, as well as the country of Pakistan. In this article, what will be discussed is regarding adultery. Adultery is intercourse between men and women who do not have a legitimate marriage bond according to religion, adultery also can defined sexual relations between men and women who are not bound by marital relations.  In the book Bidayatul Mujtahid it is stated that adultery is intercourse that occurs not because of a legitimate marriage, not because of false marriage, nor because of ownership (of slaves). Sahal Mahfudz expressed the opinion of the Imams of the School of Understanding adultery with three main points of understanding.  Such understanding has been agreed upon by the scholars.  Adultery is the path to damage that can lead to human descent from noble to despicable degrees.  In Indonesia, adultery is a crime stipulated in article 284 of the Criminal Code, the article applies if one of the adulterers has been bound to marriage, so for those who are not bound by marriage cannot be criminalized, in article 284 of the Criminal Code as a criminal offense with a prison sentence of up to nine months, with the following conditions; He who is an adulterous wife is being aware that article 27 of the Criminal Code applies to him and married women who commit adultery. In the country of Turkey, adultery is not a criminal act, it is based on secular Turkish ideology and considers that sexual relations are a private area, but adultery can be a cause or an excuse to file a divorce. This makes the perpetrators of adultery who have not or are not bound by marriage do not have any impact or risk of the adultery that they have committed. Whereas in Pakistan, zina acts are adjusted to existing Islamic law.


Sign in / Sign up

Export Citation Format

Share Document