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

{"title":"THE IMPLEMENTATION OF RESTORATIVE JUSTICE BY INDONESIAN NATIONAL POLICE INVESTIGATORS IN TRAFFIC ACCIDENTS RESULTING IN DEATH","authors":"B. Utomo","doi":"10.15294/IJCLS.V3I2.17168","DOIUrl":"https://doi.org/10.15294/IJCLS.V3I2.17168","url":null,"abstract":"criminal justice system from investigation, prosecution, trial examination and execution of judgment which leads to criminalization, but in its development there is an alternative law enforcement desired by the justice seekers through restorative justice which prioritizes recovery at the original state as a result of the crime. Therefore, it is necessary to analyze the importance of restorative justice by Indonesian National Police Investigators in traffic accidents resulting in death, as well as its implementation. The theoretical concepts used are implementation, restorative justice, law enforcement, criminal law policy, justice, traffic accidents, and Police Investigators.Qualitative research approach, type of socio-juridical research, focuses on the importance of restorative justice and its implementation by Indonesian National Police Investigators in traffic accidents resulting in death. Location of research is in Resort Police of Semarang. Data sources are primary, secondary and tertiary. Data collection techniques were conduct through documentation, observation, and interviews. Data validity was using triangulation technique, data analysis technique using interaction analysis model. The results of research on the importance of restorative justice and its implementation by Indonesian National  Police Investigators in traffic accidents resulting in death are analyzed through philosophical, sociological and juridical point of view, while its implementation is analyzed by the implementation model of George C. Edward III which shows that restorative justice has not been understood optimally by Indonesian National Police investigators and the community even though in reality have been practiced in the duties or daily life. The obstacles, namely the absence of legal restorative justice umbrella is firm and clear, still weak understanding of Indonesian National Police Investigators and the public, especially the parties related to the settlement of criminal cases through restorative justice. Efforts to overcome these obstacles, Police Investigators in the settlement of criminal acts through restorative justice refers to the rules that are directly or indirectly relevant, organizing socialization about restorative justice within the Indonesian National Police, especially Indonesian National Police Investigators, and the public. Based on the description above, it can be concluded that the importance of restorative justice can be seen from philosophical, sociological and juridical point of view, whereas in its implementation is influenced by four factors, namely, communication, resources, disposition, and bureaucratic structure. Suggestion of clear and firm regulation related to settlement of criminal case through restorative justice, especially traffic accident and the need to increase understanding of restorative justice by Indonesian National Police personnel, especially Indonesian National Police Investigator and society in general.","PeriodicalId":129722,"journal":{"name":"IJCLS (Indonesian Journal of Criminal Law Studies)","volume":"15 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":"117298168","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}

{"title":"MALADMINISTRATION IN CORRUPTION CASE: A STUDY OF LIMITATION ON THE CRIMINAL ACTION","authors":"Odie Faiz Guslan","doi":"10.15294/IJCLS.V3I2.13249","DOIUrl":"https://doi.org/10.15294/IJCLS.V3I2.13249","url":null,"abstract":"This study aims to determine the boundaries between implementing a government agency (bestuurhandeling) that harms quality state finances as maladministration or is a criminal act of corruption. Normative juridical research methods. The results of the study show that not all companies are carried out by public officials who are financial sources of corruption. In determining the boundaries between acts of maladministration and acts of the body or government officials must avoid discretionary actions that contain legal ribbons such as: fraud (deception), manipulation, misdirection (misrepresentation), concealment of facts, breach of trust, subterfuge (subfunction), or circumvention of regulations (illegal violations).","PeriodicalId":129722,"journal":{"name":"IJCLS (Indonesian Journal of Criminal Law Studies)","volume":"224 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":"115651117","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}

{"title":"LEGAL POLICY ON HUMAN TRAFFICKING CRIMES","authors":"Abdul Rahman Prakoso, Putri Ayu Nurmalinda","doi":"10.15294/ijcls.v3i2.17172","DOIUrl":"https://doi.org/10.15294/ijcls.v3i2.17172","url":null,"abstract":"The crime of trafficking in persons is still a problem in people's lives. Trafficking of persons undertaken includes the process of hiring up to the act of buying and selling people. The existence of Law Number 21 Year 2007 concerning the Eradication of Crime of Trafficking in Persons as protection for trade acts.               The legal policy in the realm of human trafficking is not only about central government elements but also related to the policies issued by the local government. The law as an existing regulatory instrument in Indonesia is based on the existence of regional policy to protect its citizens.               Trafficking can not be separated from various parties. This concerns various aspects of the community elements involved in it. There is a need for comprehensive prevention to avoid trafficking. In this case both the office and the law enforcers must play a role in the prosecution and protection of trafficking. Keywords: Policy, people trafficking, protection","PeriodicalId":129722,"journal":{"name":"IJCLS (Indonesian Journal of Criminal Law Studies)","volume":"82 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":"124844358","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}

{"title":"STUDY OF PENAL AND NON-PENAL APPROACH ON PREVENTION OF CORRUPTION IN INDONESIA","authors":"Qurrotul Aini","doi":"10.15294/IJCLS.V3I2.17170","DOIUrl":"https://doi.org/10.15294/IJCLS.V3I2.17170","url":null,"abstract":"Criminal policy can be interpreted in the narrow sense that criminal politics is described as a whole principle and method, which is the basis of the reaction to violations of laws in the form of criminal. And in a broad sense this is the overall function of law enforcement officials, including the workings of the court and the police. While in the broadest sense it constitutes the whole policy, which is carried out through legislation and official bodies that aim to uphold the central norms of society. Factors Underlying the Occurrence of Corruption Crime: a) Lack of salary for Civil Servants compared to needs that are increasingly increasing. b) Background of Indonesian culture or culture which is the source or cause of widespread corruption. c) Poor management and less effective and efficient controls that will provide opportunities for people to corruption. d) Modernization breeds corruption. Briefly the causes of corruption include 5 (five) aspects, namely: a) Individual Aspects of Actors, b) Aspects of Organizations / institutions, c) Aspects of society, d) Aspects of law enforcement and legislation, and e) Political Aspects. Efforts to prevent corruption through legal policies with means of reasoning and non-reasoning. Penal facilities include, a) Criminal Law Book (wetboek van Strafrecht) January 1, 1918; b) WvS in the 1915 Staatblaad Number 752 dated 15 October 1915; c) Law number 74 of 1957 in conjunction with Law Number 79 of 1957, d) Provisional Constitution of 1950, e) Government Regulation in lieu of law Number 24 of 1960 concerning Investigation, Prosecution and Corruption Criminal Investigation, f) Law number 1 of 1960, g) Law Number 24 Prp of 1960 concerning Investigation, Prosecution and Corruption Criminal Investigation, h) Law Number 3 of 1971 concerning Eradication of Corruption Crime; i) MPR XI / MPR / 1998 Tap concerning the implementation of a clean and free country of corruption, collusion and nepotism; j) Law number 28 of 1999 concerning State settlements which are clean and free of KKN which includes provisions on criminalization of collusion and nepotism offenses, k) Law number 31 of 1999 concerning the eradication of criminal acts of corruption, l) Law number 20 of 2001 concerning amendments to Law Number 31 of 1999 concerning the Eradication of Corruption Crimes that took effect from 21 November 2001, m) Law Number 30 of 2002 concerning the Corruption Eradication Commission. Efforts to deal with non-criminal crimes can be in the form of: a) Non-criminal prevention (Prevention without punishment), b) Influencing the public's view of crime and punishment through mass media (influencing views of society on crime and punishment mass media).Keywords: corruption, reason, nonpenal","PeriodicalId":129722,"journal":{"name":"IJCLS (Indonesian Journal of Criminal Law Studies)","volume":"24 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":"128024057","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}