IJCLS (Indonesian Journal of Criminal Law Studies)最新文献_第2页

Effectiveness of Ship Sinking of Illegal Fishing in Term of the Improvement of Local Fishermen Income 非法捕鱼沉船对提高当地渔民收入的影响

IJCLS (Indonesian Journal of Criminal Law Studies) Pub Date : 2021-11-14 DOI: 10.15294/ijcls.v6i2.33915

M. Maskur, Ali Masyhar, B. Kusuma, A. Widyawati

引用次数: 0

Criminal Liability Political Parties in Criminal Acts of Corruption: Indonesia Korea Comparison 腐败犯罪行为中的政党刑事责任:印尼、韩国之比较

IJCLS (Indonesian Journal of Criminal Law Studies) Pub Date : 2021-11-14 DOI: 10.15294/ijcls.v6i2.33917

Diana Lukitasari, H. Hartiwiningsih, Rehnalemken Ginting, Subekti Subekti, Dian Esti Pratiwi

{"title":"Criminal Liability Political Parties in Criminal Acts of Corruption: Indonesia Korea Comparison","authors":"Diana Lukitasari, H. Hartiwiningsih, Rehnalemken Ginting, Subekti Subekti, Dian Esti Pratiwi","doi":"10.15294/ijcls.v6i2.33917","DOIUrl":"https://doi.org/10.15294/ijcls.v6i2.33917","url":null,"abstract":"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.","PeriodicalId":129722,"journal":{"name":"IJCLS (Indonesian Journal of Criminal Law Studies)","volume":"8 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":"122714575","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

Juvenile Delinquency Criminogenic Factor 青少年犯罪犯罪因素

IJCLS (Indonesian Journal of Criminal Law Studies) Pub Date : 2021-11-14 DOI: 10.15294/ijcls.v6i2.33919

Indah Rufiatun

引用次数: 1

The Judge’s Consideration in Sentencing Illegal Drug Distribution in Case No.105/Pid. Sus/2019/Pn. Slw 105/Pid案法官对非法分销毒品量刑的思考。Sus / 2019 / Pn。Slw

IJCLS (Indonesian Journal of Criminal Law Studies) Pub Date : 2021-11-14 DOI: 10.15294/ijcls.v6i2.33916

Aisy Idzati

引用次数: 0

Sexual Offences Against Women: Indiaâ€™s Legal Perspective 针对妇女的性犯罪:印度的法律视角

IJCLS (Indonesian Journal of Criminal Law Studies) Pub Date : 2021-05-31 DOI: 10.15294/IJCLS.V6I1.29401

A. Behera

引用次数: 0

Assimilation Rights as a Right of Correctional Citizens: A View of the Indonesian Criminal Justice System 同化权作为受教公民的一项权利:印尼刑事司法制度视角

IJCLS (Indonesian Journal of Criminal Law Studies) Pub Date : 2021-05-30 DOI: 10.15294/IJCLS.V6I1.29393

Mohamad Ashraff

{"title":"Assimilation Rights as a Right of Correctional Citizens: A View of the Indonesian Criminal Justice System","authors":"Mohamad Ashraff","doi":"10.15294/IJCLS.V6I1.29393","DOIUrl":"https://doi.org/10.15294/IJCLS.V6I1.29393","url":null,"abstract":"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.","PeriodicalId":129722,"journal":{"name":"IJCLS (Indonesian Journal of Criminal Law Studies)","volume":"74 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-05-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128584379","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

The Fulfilment of Workers' Rights in the Dimension of Human Rights based on Indonesian Manpower Law 从印尼《人力法》看人权维度下工人权利的实现

IJCLS (Indonesian Journal of Criminal Law Studies) Pub Date : 2021-05-30 DOI: 10.15294/IJCLS.V6I1.29400

A. Imron, Hermawan Rizki Hunawa

{"title":"The Fulfilment of Workers' Rights in the Dimension of Human Rights based on Indonesian Manpower Law","authors":"A. Imron, Hermawan Rizki Hunawa","doi":"10.15294/IJCLS.V6I1.29400","DOIUrl":"https://doi.org/10.15294/IJCLS.V6I1.29400","url":null,"abstract":"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.","PeriodicalId":129722,"journal":{"name":"IJCLS (Indonesian Journal of Criminal Law Studies)","volume":"161 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-05-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124501706","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

Implementation of Corruption on Law Enforcement in the Criminal Justice System in Indonesia 印尼刑事司法系统中执法腐败的实施

IJCLS (Indonesian Journal of Criminal Law Studies) Pub Date : 2020-11-29 DOI: 10.15294/IJCLS.V5I2.28113

Ariza Hasna, Nyoman Serikat Putra Jaya

引用次数: 0

Juridical Review of Restorative Justice in the Juvenile Justice System through Diversion 少年司法制度中恢复性司法的司法审查

IJCLS (Indonesian Journal of Criminal Law Studies) Pub Date : 2019-06-16 DOI: 10.15294/IJCLS.V4I1.18680

Claudia Carolina Indra Putri

{"title":"Juridical Review of Restorative Justice in the Juvenile Justice System through Diversion","authors":"Claudia Carolina Indra Putri","doi":"10.15294/IJCLS.V4I1.18680","DOIUrl":"https://doi.org/10.15294/IJCLS.V4I1.18680","url":null,"abstract":"Children are the most valuable assets, for families, communities and nations so that they need to be protected and noticed from negative influences especially in the current era of globalization. This is because children at the age of 12-18 years are still easily affected by negative factors outside themselves so that children fall into juvenile delinquency and even lead to criminal acts which are then called children who conflict with the law. Children who have committed a crime will inevitably bring into the criminal justice process which causes children to be harmed because it will create a negative stigma on children, discrimination, loss of children's rights and so on. For this reason, there is a need for other ways of solving child cases through the diversion stage with a restorative justice approach. The research method used is a normative juridical legal research method, the approach used in legal research is the statute approach. The results and discussion of diversion in the criminal justice system is the process of resolving child cases out of criminal justice. Diversion must be applied during the investigation / investigation phase, the prosecution stage, and the examination phase in the court. In Indonesia diversion embodied in Law No. 11 of 2012 concerning the Criminal Justice System of Children in the implementation of diversion is very suitable to be combined with a restorative justice approach which is the settlement of criminal cases involving the perpetrators, victims, families of perpetrators / victims, and other parties related parties to jointly seek a just solution by emphasizing recovery back to its original state, and not retaliation.","PeriodicalId":129722,"journal":{"name":"IJCLS (Indonesian Journal of Criminal Law Studies)","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122625848","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: 2

Ambiguity of Adultery Concept (Zina) in Criminal and Justice System (A Comparison between Indonesia, Pakistan, and Turkey) 刑事司法制度中通奸概念(吉娜)的模糊性(印尼、巴基斯坦、土耳其之比较)

IJCLS (Indonesian Journal of Criminal Law Studies) Pub Date : 2019-05-30 DOI: 10.15294/ijcls.v4i1.19614

Agus Mahendra

{"title":"Ambiguity of Adultery Concept (Zina) in Criminal and Justice System (A Comparison between Indonesia, Pakistan, and Turkey)","authors":"Agus Mahendra","doi":"10.15294/ijcls.v4i1.19614","DOIUrl":"https://doi.org/10.15294/ijcls.v4i1.19614","url":null,"abstract":"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.","PeriodicalId":129722,"journal":{"name":"IJCLS (Indonesian Journal of Criminal Law Studies)","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-05-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122052972","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: 2