IJCLS (Indonesian Journal of Criminal Law Studies)最新文献

A criminalization of Civil Servant Related to Neutrality Violations in A regional Head Elections (Study of Decision Number 47/Pid.Sus/2018/Pn.Sdr) 地方首长选举中违反中立性行为的公务员刑事定罪研究(第47/Pid.Sus/2018/Pn.Sdr号决定研究)

IJCLS (Indonesian Journal of Criminal Law Studies) Pub Date : 2022-06-01 DOI: 10.15294/ijcls.v7i1.35326

Rizkiyah Putri Maharani, E. Rusdiana

引用次数: 0

Criminal Liability in Prison Fire Cases: A Case Study of Class I Tangerang Prison Fire 监狱火灾案件中的刑事责任——以坦格朗一级监狱火灾为例

IJCLS (Indonesian Journal of Criminal Law Studies) Pub Date : 2022-06-01 DOI: 10.15294/ijcls.v7i1.35669

S. Supriyono, Ahmad Yulianto Ihsan

{"title":"Criminal Liability in Prison Fire Cases: A Case Study of Class I Tangerang Prison Fire","authors":"S. Supriyono, Ahmad Yulianto Ihsan","doi":"10.15294/ijcls.v7i1.35669","DOIUrl":"https://doi.org/10.15294/ijcls.v7i1.35669","url":null,"abstract":"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.Keyword: correctional institution; criminal liability; fire","PeriodicalId":129722,"journal":{"name":"IJCLS (Indonesian Journal of Criminal Law Studies)","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122261837","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Penal Policy for Handling Illegal Fishing in Indonesian Exclusive Economic Zone Based on Pancasila 基于潘卡西拉的印尼专属经济区非法捕捞处罚政策

IJCLS (Indonesian Journal of Criminal Law Studies) Pub Date : 2022-06-01 DOI: 10.15294/ijcls.v7i1.35928

Marimin Marimin

{"title":"Penal Policy for Handling Illegal Fishing in Indonesian Exclusive Economic Zone Based on Pancasila","authors":"Marimin Marimin","doi":"10.15294/ijcls.v7i1.35928","DOIUrl":"https://doi.org/10.15294/ijcls.v7i1.35928","url":null,"abstract":"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.","PeriodicalId":129722,"journal":{"name":"IJCLS (Indonesian Journal of Criminal Law Studies)","volume":"39 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120920378","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Adolescent Delinquency and the Crime of Robbery in the Study of Criminal Theory 犯罪理论研究中的青少年犯罪与抢劫犯罪

IJCLS (Indonesian Journal of Criminal Law Studies) Pub Date : 2022-06-01 DOI: 10.15294/ijcls.v7i1.35599

Rohmat Rohmat

{"title":"Adolescent Delinquency and the Crime of Robbery in the Study of Criminal Theory","authors":"Rohmat Rohmat","doi":"10.15294/ijcls.v7i1.35599","DOIUrl":"https://doi.org/10.15294/ijcls.v7i1.35599","url":null,"abstract":"No one wants a crime to occur in their community, because the existence of this crime will be disturbing and detrimental to people's lives. Therefore, crime must be tackled and stopped. This article discusses cases of adolescent delinquency, burglary crimes and labeling practices in the study of criminological theories. It is important to understand cases of adolescent delinquency, crime of robbery and labeling practices in terms of the characteristics of crime and criminals. The research method used is a normative juridical research method with secondary data sources. The results showed that there were 5 (five) theories that could be used to analyze adolescent delinquency cases, namely the French sect, differential association, anomie, social control, and learning theory. While the crime of robbery is analyzed in 4 (four) theories, namely classical criminology theory, positive criminology, differential association, and opportunity theory. Meanwhile, the case of labeling in society was studied using labeling theory. The above theories can be used as a strategy to prevent and prosecute juvenile crimes, in this case juvenile brawls as a special crime, burglary crimes, and community labeling practices. It can be concluded that increasing family participation as the first medium of learning for children by increasing control, so that brawls between teenagers can be anticipated, as well as increasing community participation and social control as well as preventive, curative, and repressive actions to prevent actions that violate social norms and legal norms.","PeriodicalId":129722,"journal":{"name":"IJCLS (Indonesian Journal of Criminal Law Studies)","volume":"312 ","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133876248","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Fulfillment of Conditions for Implementing Decision Number : 69/Pid.Sus/2019/Pn. Mjk in Imposing Additional Criminal Castration of Chemical Castration Against Child Sexual Violence Perpetrators 落实实施条件决定号:69/Pid.Sus/2019/Pn。对儿童性暴力犯罪者实施化学阉割的额外刑事阉割

IJCLS (Indonesian Journal of Criminal Law Studies) Pub Date : 2022-06-01 DOI: 10.15294/ijcls.v7i1.35077

F. Hardianti, E. Rusdiana

引用次数: 0

Crimes of Genocide in the Viewpoint of International Criminal Law 国际刑法视域中的灭绝种族罪

IJCLS (Indonesian Journal of Criminal Law Studies) Pub Date : 2022-06-01 DOI: 10.15294/ijcls.v7i1.34648

D. Mangku, Ni Putu Rai Yuliartini, Ayu Nadya Gayatri

引用次数: 0

The Role Of The Presecutor As Executor Of Court Decisions In Returning Confiscated Objects and State Spoils 公诉人作为法院判决执行人在返还没收物品和国家赃物中的作用

IJCLS (Indonesian Journal of Criminal Law Studies) Pub Date : 2022-06-01 DOI: 10.15294/ijcls.v7i1.35601

Ameerah Bin Amir, Wahyu Nur Hanifah, A. Widyawati

{"title":"The Role Of The Presecutor As Executor Of Court Decisions In Returning Confiscated Objects and State Spoils","authors":"Ameerah Bin Amir, Wahyu Nur Hanifah, A. Widyawati","doi":"10.15294/ijcls.v7i1.35601","DOIUrl":"https://doi.org/10.15294/ijcls.v7i1.35601","url":null,"abstract":"This research aims to find out the rhe 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 formulation of the problem in this research is : (1) What is the role of the presecutor in carrying out of the execution of the court's verdict on the return of evidence?. (2) 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. The type of data in the form of interview result with related sources, secondary data includes primary legal materials, namely various laws and regulations, and secondary legal materials including books, journals, and research result. The results of the research show that: (1) 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. (2) There are 4 (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. ","PeriodicalId":129722,"journal":{"name":"IJCLS (Indonesian Journal of Criminal Law Studies)","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128726336","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Simple, Fast, and Low Cost Judicial Principles in Split Trials 分割审判中的简单、快速、低成本的司法原则

IJCLS (Indonesian Journal of Criminal Law Studies) Pub Date : 2021-11-14 DOI: 10.15294/ijcls.v6i2.33918

Dian Dwi Kusuma Astuti

引用次数: 0

Constitutional and Legal Framework of Women Empowerment in India 印度赋予妇女权力的宪法和法律框架

IJCLS (Indonesian Journal of Criminal Law Studies) Pub Date : 2021-11-14 DOI: 10.15294/ijcls.v6i2.29463

A. Behera

{"title":"Constitutional and Legal Framework of Women Empowerment in India","authors":"A. Behera","doi":"10.15294/ijcls.v6i2.29463","DOIUrl":"https://doi.org/10.15294/ijcls.v6i2.29463","url":null,"abstract":"Our Constitution as ultimate law of territory and sufficient of legislations tried to reorganize their surroundings and supply assistance for security and their upliftments.Â 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.Â ","PeriodicalId":129722,"journal":{"name":"IJCLS (Indonesian Journal of Criminal Law Studies)","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127517055","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Investigation Policy on Crime of Unfair Business Competition After the Enforcement of the Omnibus Law 综合竞争法实施后对不正当商业竞争犯罪的侦查政策

IJCLS (Indonesian Journal of Criminal Law Studies) Pub Date : 2021-11-14 DOI: 10.15294/ijcls.v6i2.31736

Zubairi Zubairi

引用次数: 1