JILS Journal of Indonesian Legal Studies最新文献

{"title":"The Implementation of Diversion and Restorative Justice in the Juvenile Criminal Justice System in Indonesia","authors":"Wikan Sinatrio Aji","doi":"10.15294/jils.v4i01.23339","DOIUrl":"https://doi.org/10.15294/jils.v4i01.23339","url":null,"abstract":"Children are a younger generation successor to the nation that must be protected. In some cases children can do a mischief that fall into the categories of offenses and called as children in conflict with the law. Children in conflict with the law is different in terms of handling the criminal offenses committed by adults. Currently with  Law Number 11 of 2012 on the Criminal Justice System of Children (SPPA) which has sought diversion and restorative justice in terms of handling child conflict with the law. From the results of this study concluded that the policy formulation the concept of diversion and restorative justice pursuant tonLaw Number 11 of 2012 on the Criminal Justice System of Children (SPPA) and its implementation rules have been set regarding policy concept of diversion and restorative justice with the aim that children who commit acts the criminal is no longer confronted in the judicial process but through an alternative solution,namely the completion of which is the restoration to its original state (restorative justice) will but of formulating the policy is still not perfect because it found some weakness. While in the implementation of diversion and restorative justice in the the settlement of children in conflict with the law in Pati District Court already sought remedies which reflect restorative justice approach by implementing law enforcement diversion and restorative justice but there are still many obstacles occurred in the settlement of children in conflict with the law in  Pati District Court.","PeriodicalId":32877,"journal":{"name":"JILS Journal of Indonesian Legal Studies","volume":"29 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-04-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85229150","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":"Penal Policy on Assets Recovery on Corruption Cases in Indonesia","authors":"Sugeng Wahyudi","doi":"10.15294/jils.v4i01.28224","DOIUrl":"https://doi.org/10.15294/jils.v4i01.28224","url":null,"abstract":"Corruption is an extraordinary crime whose impact on actions can undermine a country, corruption is increasingly becoming increasingly common. Even though not a few of the former state officials or state officials until all the villages have felt how fierce the law enforcers, especially the KPK arrested them all, either hand-grabbing operations or the development of public reporting, impressed by them all were endless corruptors kept appearing , Law enforcement in this modern era is not only concerned with prosecution and prevention, in this case corruption is regulated by the return of state losses as asset recovery, which in turn will maximize the return of state losses from corruptors. As for the problems of this study are: 1. Why is the politics of criminal law (strafrechtpolitiek) in the framework of restoring state losses not significant with the real state losses due to criminal acts of corruption? 2. How is the politics of criminal law ideally (strafrechtpolitiek) implemented so that the maximum return on state losses due to corruption? The benefits of research consist of theoretical benefits and practical benefits. Theoretical benefits are expected to contribute to theoretical thinking in criminal law, especially concerning the politics of criminal law in the context of eradicating criminal acts of corruption. Practical benefits are expected to be able to provide information scientifically to the public both in general and specifically. This study uses a descriptive legal approach that is supported by primary, secondary and tertiary data obtained from documentation and literature studies then analyzed using qualitative descriptive analysis methods. The results showed that the Politics of Criminal Law in the Framework of Returning State Losses due to Corruption in Indonesia was not maximal, as evidenced by the lack of maximum or no maximum return on state losses for corruption, therefore recommendations on simplifying regulations in terms of early prevention or since In the beginning of corruption cases which caused a lot of damage to the state's financial need, there was a special formulation so that the handling could be maximized to restore state losses in corruption.","PeriodicalId":32877,"journal":{"name":"JILS Journal of Indonesian Legal Studies","volume":"160 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-04-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85031540","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":"The Doctrine of Product Liability and Negligence Cannot Be Applied to Malware-Embedded Software","authors":"Ayup Suran Ningsih","doi":"10.15294/jils.v4i01.29157","DOIUrl":"https://doi.org/10.15294/jils.v4i01.29157","url":null,"abstract":"Today, the development of technology is remarkable; the world has faced the industrial era 4.0 where people are now more popular to carry out various financial transactions, both the process of buying and selling and other financial transactions through digital transactions. This digital transaction is run by an information system and is provided with special software that runs it. Damage to computer devices and software can cause all kinds of damage. This damage can cause someone to experience damage or loss due to damaged hardware or software, one or more of the following legal areas can provide recovery; such as contract law; technology law; consumer protection; and product liability. This article is to examine the doctrine of product liability and negligence cannot be applied to malware-embedded software. The approach of the research method used in this article is normative juridical. The normative juridical approach is an approach carried out based on the main legal material by examining theories, concepts, legal principles and laws and regulations related to this research.","PeriodicalId":32877,"journal":{"name":"JILS Journal of Indonesian Legal Studies","volume":"28 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-04-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87998154","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":"Law Enforcement, Military Discipline, and the Notion of Military Justice: Building a Case for the Constitutional Rights of Service Personnel in Nigeria","authors":"O. Adegbite","doi":"10.15294/jils.v4i01.28967","DOIUrl":"https://doi.org/10.15294/jils.v4i01.28967","url":null,"abstract":"Law enforcement is the pivot on which every society and institution stands and essentially survives on. An institution where enforcement of the law is in abeyance will surely not endure, as whatever goals are set is condemned to smoulder in total indiscipline. Without doubt, no institution would want to set off on that footing. However, where law enforcement takes place in a special institution like the Military, its deployment is bound to raise deep questions regarding the Constitutional rights of the accused persons. Over the years, the Nigerian Military appear to have been caught in this miasma in which the Constitutional rights of its service men has remained trapped in the notion of upholding Military discipline. It is to this end that this paper appraises the question of law enforcement in the Nigerian Military, querying its attitude towards the safeguards of these rights, and accordingly building a case for a new and better regime, in which Constitutional rights of Service personnel are not only guaranteed, but regarded as pre-eminent.","PeriodicalId":32877,"journal":{"name":"JILS Journal of Indonesian Legal Studies","volume":"59 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-04-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83871020","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":"Human Rights and Power of State: A Book Review Negara Hukum dan Hak Asasi Manusia, Bahder Johan Nasution","authors":"Virdatul Anif","doi":"10.15294/jils.v3i02.27607","DOIUrl":"https://doi.org/10.15294/jils.v3i02.27607","url":null,"abstract":"","PeriodicalId":32877,"journal":{"name":"JILS Journal of Indonesian Legal Studies","volume":"11 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-12-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87496790","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":"Corporate Responsibility in Money Laundering Crime (Perspective Criminal Law Policy in Crime of Corruption in Indonesia)","authors":"Muhtar Hadi Wibowo","doi":"10.15294/JILS.V3I02.22740","DOIUrl":"https://doi.org/10.15294/JILS.V3I02.22740","url":null,"abstract":"Money laundering is a stand-alone crime, although money laundering is born from its original crime, such as corruption, but the anti-money laundering regime in almost all countries places money laundering as a crime independent of its original crime in the case of a money laundering probe. The purpose of this study is to describe and analyze criminal law policies in regulating corporate accountability for current money laundering, analyze the implementation in law enforcement against corporations engaging in money laundering, and establish a model of criminal law policy on corporate liability that commits a crime money laundering in the future. This research emphasized that criminal law policy in ordering corporate responsibility to money laundering crime has been regulated in Money Laundering Criminal Act. The Money Laundering Act in Indonesia has indeed accepted corporations as a subject of criminal law, there are several cases that indicate the involvement of corporations engaging in money laundering practices in Indonesia but at the stage of settlement within the justice system there is not a single corporation that has been charged and sanctioned criminal. In line with the development of specific laws, corporations are categorized as subjects of criminal law.","PeriodicalId":32877,"journal":{"name":"JILS Journal of Indonesian Legal Studies","volume":"23 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-12-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79994346","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":"The Immigration Crime and Policy: Implementation of PPNS Authorities on Investigation","authors":"M. Alvi Syahrin","doi":"10.15294/JILS.V3I02.27512","DOIUrl":"https://doi.org/10.15294/JILS.V3I02.27512","url":null,"abstract":"Immigration crime and criminal law are one of the interesting studies not only seen in terms of law enforcement but also criminal law politics and authority arrangements in immigration. For Indonesia, the problem of immigration is a challenging problem, not because it is only the location of Indonesia that is vast and has many access points for immigrants, but also the authority between institutions. Article 105 of Law Number 6 Year 2011 on Immigration, states that the Immigration Civil Servant Investigator is authorized as an Immigration criminal investigator conducted in accordance with the provisions. The results of this study are: (1) enforcement of immigration law conducted one of them with the investigation of perpetrators of violations of the Immigration Act. The process of investigating the perpetrators of violation of Immigration Law is based on the provisions of the Criminal Procedure Code as lex generalis and Immigration Law as lex specialis. In this research, law enforcement has been carried out in order to participate in trading fake immigration/passport travel documents by providing unauthorized data or incorrect information to the Immigration officer to obtain travel documents of the Republic of Indonesia for himself, (2) in implementing immigration law enforcement function there are still obstacles faced Immigration Civil Servant Investigator include low knowledge, lack of operational fund, lack of public participation in reporting the existence of foreigner in their environment, weakness of coordination with other law apparatus and obstacle from law factors.","PeriodicalId":32877,"journal":{"name":"JILS Journal of Indonesian Legal Studies","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-12-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90756212","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 Protection Model for Indonesian Migrant Workers","authors":"A. Widyawati","doi":"10.15294/JILS.V3I02.27557","DOIUrl":"https://doi.org/10.15294/JILS.V3I02.27557","url":null,"abstract":"The emergence of several large cases of migrant workers in Malaysia and Singapore as well as in several Middle Eastern countries, especially Saudi Arabia, made all the nation's components flinch. Many people argue that the problem occurs because of the low level of education of migrant workers. There are also those who say that this problem occurs because employers of Indonesian labor services companies (Pengerah Jasa Penyalur Tenaga Kerja Indonesia, PJTKI, now called Perusahaan Penyalur Tenaga Kerja Indonesia Swasta, PPTKIS) are not nationally minded and only pursue profit (profit-oriented). There were also those who argued that the cases of migrant workers occurred due to the inactivity of regulative and punitive functions of the Government of the Republic of Indonesia. Based on the background above, the problem can be formulated is how the urgency of legal protection for Indonesian migrant workers abroad and how the legal protection model for Indonesian migrant workers abroad. Research carried out at BP3TKI and the Semarang Manpower and Transmigration Office underlined that legal protection for Indonesian migrant workers abroad is very important. The urgency in legal protection due to fulfillment of the rights of victims who work legally abroad but also cannot be fully implemented properly, due to differences in legal systems with migrant workers recipient countries that do not necessarily want to protect the rights of migrant workers who experience treatment not please from their own citizens. The migrant workers who work illegally the government has not been able to fully protect the rights of victims who have experienced criminal acts. The legal protection model for migrant workers currently emphasizes the fulfillment of victims’ rights who work legally abroad, such as obtaining legal assistance from a local lawyer appointed by the ambassador of the Republic of Indonesia in the country receiving the migrant workers, mentoring by psychologists and clergy, bringing the families of victims, compensation, and insurance claims. And at the same time, for migrant workers who work illegally the government has not been able to fully protect the rights of the victims.","PeriodicalId":32877,"journal":{"name":"JILS Journal of Indonesian Legal Studies","volume":"17 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-12-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86039983","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":"Introducing JILS 3(2), November 2018 Edition: Crimes and Society and its Contemporary Issues","authors":"D. Muhtada, Ridwan Arifin","doi":"10.15294/jils.v3i02.27604","DOIUrl":"https://doi.org/10.15294/jils.v3i02.27604","url":null,"abstract":"","PeriodicalId":32877,"journal":{"name":"JILS Journal of Indonesian Legal Studies","volume":"117 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-12-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86088348","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":"Indonesian Penal Policy: Toward Indonesian Criminal Law Reform Based on Pancasila","authors":"M. Najih","doi":"10.15294/JILS.V3I02.27510","DOIUrl":"https://doi.org/10.15294/JILS.V3I02.27510","url":null,"abstract":"Criminal law enforcement in Indonesia has always been a very crucial and the sexiest issue. Almost 35 years the idea of criminal law enforcement has been carried out and so far several concepts of the National Criminal Code have been born which continue to experience developmental dynamics that are quite interesting to study. The desire to realize a better criminal law and be able to fulfill the aspirations of the people is the ideal criminal law politics (penal policy). National Criminal Law must have characteristics that are typical of Indonesia, authentic and original, encompassing customary law, systems of values ​​and beliefs, characteristics of modern states and international values. Pancasila as the source of all sources of law, which has not received serious attention needs to be used as a recommendation for the paradigm of penal reform. Pancasila has at least the main principles that must be implemented in all formulations of criminal legislation. These principles are among others, principles based on the source of religious values (Godhead / Divine God), the value of humanity (humanism), the value of unity and peace, the value of democracy and the value of social justice. Therefore, Indonesian criminal law must have values that are based on Pancasila, both in the form of legal norms (addresaat norm), on the types of acts that are regulated (straafbar), in the form of punishment or sanctions (straafmaat), as well as regulatory aspects and implementation of law enforcement  law (formal law).","PeriodicalId":32877,"journal":{"name":"JILS Journal of Indonesian Legal Studies","volume":"29 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-12-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80475392","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}