IJCLS (Indonesian Journal of Criminal Law Studies)最新文献_第3页

Criteria of Bad Debt at National Banks That Have an Implication for Corruption 国家银行的坏账标准是否与腐败有关

IJCLS (Indonesian Journal of Criminal Law Studies) Pub Date : 2019-05-30 DOI: 10.15294/IJCLS.V4I1.18941

Rudhy Parhusip

引用次数: 0

Analysis of Corruption Settlement for Obligor Deviations of Bank Indonesia Liquidity Assistance (BLBI) 印尼银行流动性援助(BLBI)债务人偏差的腐败解决分析

IJCLS (Indonesian Journal of Criminal Law Studies) Pub Date : 2019-05-29 DOI: 10.15294/IJCLS.V4I1.18713

H. Hasbullah

{"title":"Analysis of Corruption Settlement for Obligor Deviations of Bank Indonesia Liquidity Assistance (BLBI)","authors":"H. Hasbullah","doi":"10.15294/IJCLS.V4I1.18713","DOIUrl":"https://doi.org/10.15294/IJCLS.V4I1.18713","url":null,"abstract":"The settlement of the BLBI Corruption Case was only focused on the mistakes of former IBRA Chairperson Syafruddin Arsyad Temenggung who issued paid settlement letter to Sjamsul Nursalim as a BLBI obligor which caused 4.58 trillion in financial losses, even though the SKL issuance contained legal slices of the state administration process and civil affairs. The corruption case of the former Chairperson of the IBRA has diverted us all to the main point of corruption errors in the BLBI distribution. Distribution of the Bank Indonesia Liquidity Assistance Facility (BLBI) with a total of 144.53 trillion, from the distribution recorded based on BPK-RI Audit No. 34 I / XII / 11/2006, there was a distribution deviation amounting to 138.44 trillion, but the BPK audit by law enforcement has never been carried out until now. Therefore the problem is focused on two main things, namely whether the settlement of the BLBI Corruption crime in the case of the IBRA chairman issuing SKL to Sjamsul Nursalim has resolved the BLBI corruption case and how the law enforcement policy in BLBI corruption settlement has cost the state 138,44 trillion . Using a normative juridical method that is qualitative in nature, the research results show that the settlement of BLBI corruption in the case of the IBRA chairman issuing SKL to Sjamsul Nursalim is not the case for BLBI irregularities and even in the legal doctrine of the case is not a corruption case due to a legal clash state administration and civil law. and there has been a transfer of corruption eradication in the case of BLBI distribution which has cost the country a total of 138.44 trillion, because law enforcers must enforce the law against alleged BLBI corruption with criminal mechanisms and if possible civilian efforts.","PeriodicalId":129722,"journal":{"name":"IJCLS (Indonesian Journal of Criminal Law Studies)","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-05-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128936976","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

Child Sexual Abuse in Indonesia: History and Challenge in Legal Perspective 印度尼西亚儿童性虐待:法律视角下的历史与挑战

IJCLS (Indonesian Journal of Criminal Law Studies) Pub Date : 2019-05-29 DOI: 10.15294/IJCLS.V4I1.19613

Setyarini Nur Octaviana

引用次数: 7

Measuring the Factor of the Criminal Action of Corruption (Case Study of Criminal Acts of Corruption in the Environment of Legislative Authority) 腐败犯罪行为因素的测度(以立法权环境下的腐败犯罪行为为例)

IJCLS (Indonesian Journal of Criminal Law Studies) Pub Date : 2019-05-29 DOI: 10.15294/IJCLS.V4I1.18748

T. Gunawan, S. Hakim

{"title":"Measuring the Factor of the Criminal Action of Corruption (Case Study of Criminal Acts of Corruption in the Environment of Legislative Authority)","authors":"T. Gunawan, S. Hakim","doi":"10.15294/IJCLS.V4I1.18748","DOIUrl":"https://doi.org/10.15294/IJCLS.V4I1.18748","url":null,"abstract":"With the spirit of reform, it gives extraordinary power and authority to legislative members in line with their duties and functions based on the mandate of the constitution such as the functions of legislation, budgetary functions, and supervisory functions. With the current power and authority of legislative members, they often do not fully carry out the people's mandate, but injure the people's mandate with the capture of several legislative members in the vortex of corruption cases. This study attempts to analyze these causes that make corruption continue to occur in the legislative power environment while providing solutions that are fundamentally changes in our constitutional system This study uses normative legal research methods by examining primary legal materials, namely relevant laws and regulations and secondary legal materials in the form of library studies and also by utilizing quantitative data. The purpose of this study is to examine the fundamental factors causing the widespread of corruption cases that ensnare the legislative members when various regulations and criminal sanctions have often been imposed on convicted corruption before and do not have deterrent effects. The hypothesis that is temporarily built is that the authority/duties of legislative members, the high salary received now and also the policy of raising criminal sanctions are not effective in tackling corruption and this is the focus of the study in this study.","PeriodicalId":129722,"journal":{"name":"IJCLS (Indonesian Journal of Criminal Law Studies)","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-05-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123631564","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

Social Loss Corruption Cases in Indonesia: How Should the Corruptors Punished? 印尼社会损失型腐败案件:如何惩治腐败分子?

IJCLS (Indonesian Journal of Criminal Law Studies) Pub Date : 2019-05-19 DOI: 10.15294/IJCLS.V4I1.19612

S. Nabila

引用次数: 1

Analysis of The Probability of Money Laundering Crimes toward the Development of Crypto-currency Regulations in Indonesia 对印尼加密货币法规发展的洗钱犯罪概率分析

IJCLS (Indonesian Journal of Criminal Law Studies) Pub Date : 2019-05-19 DOI: 10.15294/IJCLS.V4I1.18714

Muttaqim Muttaqim, D. Apriliani

{"title":"Analysis of The Probability of Money Laundering Crimes toward the Development of Crypto-currency Regulations in Indonesia","authors":"Muttaqim Muttaqim, D. Apriliani","doi":"10.15294/IJCLS.V4I1.18714","DOIUrl":"https://doi.org/10.15294/IJCLS.V4I1.18714","url":null,"abstract":"Cryptocurrency is done instantly, so it does not require a third party (the central bank as the holder of moneter policy). All transactions in the Cryptocurrency system will be collectively verified in a private network. Today Cryptocurrency transaction activities are prohibited in Indonesia in line with the issuance of Bank Indonesia Regulation number 18 of 2016 concerning the Implementation of Payment Transaction Processing. Taking into account that the clarity of the Cryptocurrency system is not very good and is still in the government assessment stage even though it is noted that the exchange rate of virtual currencies is very high, in 2017 the price of one Bitcoin is closed equivalent to 4,224 US dollars or around Rp. 56,000,000, with market capitalization (Marketcap) for 71.5 billion US dollars, equivalent to Rp. 954 trillion which makes investors choose to challenge inventories on Cryptocurrency or digital currency rather than investing in safe havens such as gold or bonds. This study will discuss how Cryptocurrency can provide potential money laundering criminal offenses in the form of digital transaction systems and how the regulations are developed. Given the legal conditions for proving money laundering crimes originating from criminal acts of corruption often find it difficult, especially against Cryptocurrency as a currency that is not recognized in Indonesia and the peer-to-peer nature that increasingly makes Cryptocurrency very private and difficult to trace.","PeriodicalId":129722,"journal":{"name":"IJCLS (Indonesian Journal of Criminal Law Studies)","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-05-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122894299","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

E-Retribution as an Effort to Break the Corruption Chain (Study of Market E-Retribution Implementation in Surakarta City) 电子惩罚是打破腐败链条的一种努力(苏拉塔市市场电子惩罚实施研究)

IJCLS (Indonesian Journal of Criminal Law Studies) Pub Date : 2019-05-16 DOI: 10.15294/ijcls.v4i1.18740

Wulan Kinasih

引用次数: 1

THE EFFECT OF SOCIAL COMMUNITY CONTROLS ON INCREASING SEXUAL VIOLENCE AGAINST WOMEN 社会和社区控制对日益增加的针对妇女的性暴力的影响

IJCLS (Indonesian Journal of Criminal Law Studies) Pub Date : 2018-11-30 DOI: 10.15294/ijcls.v3i2.17292

Muhammad Ramadan

{"title":"THE EFFECT OF SOCIAL COMMUNITY CONTROLS ON INCREASING SEXUAL VIOLENCE AGAINST WOMEN","authors":"Muhammad Ramadan","doi":"10.15294/ijcls.v3i2.17292","DOIUrl":"https://doi.org/10.15294/ijcls.v3i2.17292","url":null,"abstract":"Women are creatures of God Almighty who must be protected, even though gender equality has been done with men. Therefore women must be protected from all forms of intimidation, harassment, exploitation, violence both physically and psychologically. Because the nature of women in the eyes of the social and religious eyes have differences with men, as the nature of women is the weakest god creature. Even in law, women have different protections compared to men. This writing is in the form of descriptive narrative which means describing using available legal materials which are then processed based on the theories obtained and using normative methods based on library studies, namely by collecting various kinds of literature consisting of books, journals, and documents others relating to violence and sexual harassment and social control of these crimes. Sexual crime experienced by women in Indonesia is caused by the weak social control in the community that makes the bond of social ties not well established, causing women to be lower in the eyes of the perpetrators who commit violence against women. report the actions that occur, thus there will be omission of these conditions so as to make the perpetrators freely commit sexual violence against women. Therefore the role of community social control is very necessary to protect women.","PeriodicalId":129722,"journal":{"name":"IJCLS (Indonesian Journal of Criminal Law Studies)","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133774310","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

GOGOLI'S PENALTY IN RENEWING DEATH CRIMINAL SANCTIONS TO IMMIGRANTS OF NARCOTICS CRIMES IN INDONESIA (STUDY ON THE AGE OF BUTON) 印度尼西亚对毒品犯罪移民恢复死刑刑事制裁中的Gogoli刑(关于钮顿年龄的研究)

IJCLS (Indonesian Journal of Criminal Law Studies) Pub Date : 2018-11-30 DOI: 10.15294/IJCLS.V3I2.17169

L. Ali, Muh Sutri Mansyah

{"title":"GOGOLI'S PENALTY IN RENEWING DEATH CRIMINAL SANCTIONS TO IMMIGRANTS OF NARCOTICS CRIMES IN INDONESIA (STUDY ON THE AGE OF BUTON)","authors":"L. Ali, Muh Sutri Mansyah","doi":"10.15294/IJCLS.V3I2.17169","DOIUrl":"https://doi.org/10.15294/IJCLS.V3I2.17169","url":null,"abstract":"Currently, the country of Indonesia is experiencing unresolved narcotics problems. various efforts to eradicate and prevent narcotics have been done, but have not caused a deterrent effect in law enforcement. There is a difficulty in eradicating it to its roots, it becomes one of the obstacles experienced by our law enforcement officers, in this study using normative juridical research method with historical approach, conceptual approach which has been studied the customary criminal sanction which is applicable during the reign of the buton sultanate and obstacles in the application of gogoli punishment. The results of this study indicate that the renewal of national criminal law in relation to criminal sanctions may originate from customary law prevailing in the sultanate of buton as intended is gogoli punishment, while the concept of gogoli punishment is a rope encircled on the body of a person convicted and withdrawn by in opposite direction until the loss of endurance or death, the punishment is included in the type of death penalty, this is relevant to immigrants who commit a narcotics criminal act in Indonesia which has been sentenced to death several times but apparently until now still not cause effects, the authors has the hope that the punishment can be applied nationally considering narcotic criminal acts that occur almost throughout the region and will damage the morale of the nation today.","PeriodicalId":129722,"journal":{"name":"IJCLS (Indonesian Journal of Criminal Law Studies)","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114501984","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

STUDY OF PENAL POLICY ON CHEMICAL CASTRATION SANCTION ON CHILD SEXUAL CRIMES CASES IN INDONESIA 印尼对儿童性犯罪案件实施化学阉割制裁的刑事政策研究

IJCLS (Indonesian Journal of Criminal Law Studies) Pub Date : 2018-11-30 DOI: 10.15294/ijcls.v3i2.17171

Krismiyarsi Krismiyarsi

{"title":"STUDY OF PENAL POLICY ON CHEMICAL CASTRATION SANCTION ON CHILD SEXUAL CRIMES CASES IN INDONESIA","authors":"Krismiyarsi Krismiyarsi","doi":"10.15294/ijcls.v3i2.17171","DOIUrl":"https://doi.org/10.15294/ijcls.v3i2.17171","url":null,"abstract":"In Article 28 B paragraph (2) of the Constitution of the Republic of Indonesia, it is stated that the State guarantees the rights of children to survival, to grow and develop and to protect them from violence and discrimination. Along with the rapid flow of globalization and the negative impact of the development of information technology and telecommunications, sexual violence against children is increasing. The Indonesian Child Protection Commission (KPAI), stated that in 2015 there were 218 cases, in 2016 there were 120 cases, and in 2017 there were 116 cases. To address the phenomenon of sexual violence against children, the President of Indonesia issued a Government Regulation in Lieu of Law No. 17 of 2016, which was subsequently upgraded to Law namely Law No. 17 of 2016 concerning Stipulation of Government Regulation in lieu of Law No. 1 of 2016 concerning the second Amendment to Law No. 23 of 2002 concerning Child Protection becomes Law. The contents of criminal offenses against perpetrators of criminal acts of sexual violence against children can be subject to additional criminal sanctions in the form of announcing the identity of the perpetrators, and can be subjected to acts of chemical castration accompanied by rehabilitation and installation of electronic detectors. The basic consideration for the issuance of this Perppu is to minimize sexual crimes, give a deterrent effect to perpetrators of sexual crimes and prevent any intention for anyone to commit sexual crimes. However, the issuance of this Perppu invites pros and cons of how to implement it, considering that until now there has been no further Government Regulation regulating, especially the Indonesian Medical Association has refused to do chemical castration. This paper wants to explore the existence of the Perppu seen from the study of criminal law politics.","PeriodicalId":129722,"journal":{"name":"IJCLS (Indonesian Journal of Criminal Law Studies)","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133903628","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: 5