Ius Poenale最新文献

{"title":"Sociological Analysis of Restorative Justice in Rehabilitative Law Enforcement for Drug Abuse Cases","authors":"Malsal Jajuli Haerudin Hermawan, C. D. Wulansari","doi":"10.25041/ip.v5i1.3283","DOIUrl":"https://doi.org/10.25041/ip.v5i1.3283","url":null,"abstract":"The escalating trend in drug abuse, particularly among the youth, necessitates a unified approach from all law enforcement entities to address this shift in paradigm. It is essential to view drug addicts and victims of drug abuse not only as perpetrators but also as victims, warranting the incorporation of rehabilitation as an alternative form of punishment. The severity of narcotics crime in Indonesia poses a profound threat not only to individual health both physical and mental but also to societal well-being and national development, potentially compromising state security and sovereignty. This paper explores the enforcement of narcotics law in Indonesia as dictated by Law Number 35 of 2009 and examines the application of restorative justice, a concept often referred to in criminal law enforcement, which emphasizes recovery and atonement for the perpetrator or their family towards the victim, facilitating out-of-court reconciliatory efforts. By examining the legal sociological perspective, this research advocates for resolving narcotics-related criminal cases through means that prioritize restoration over retribution. It argues for a restorative justice approach, where the focus shifts from imprisonment to alternatives like medical and social rehabilitation, aiming for a resolution that restores harmony and agreement between involved parties, thereby aligning legal outcomes with societal values and needs.","PeriodicalId":34813,"journal":{"name":"Ius Poenale","volume":"82 7","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-07-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141812641","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":"Criminal Law Enforcement of Book Copyright Infringement in Digital Market Places in The Ecosystem E-Commerce Through Restorative Justice","authors":"Mohamad Rizki Agung Putra","doi":"10.25041/ip.v4i2.3133","DOIUrl":"https://doi.org/10.25041/ip.v4i2.3133","url":null,"abstract":"Criminal law enforcement against book copyright infringement in Indonesia is still weak and has not ensured legal certainty in its protection. Justice for copyright holders is still not achieved in a restorative manner, due to not updated copyright rules in accordance with the development of digital markets in the marketplace. The purpose of this study is to analyze criminal law enforcement, legal protection and restorative justice against copyright infringement of books on Digital Market Place in Indonesia. This research method uses normative juridical type with descriptive analysis approach and empirical comparison. The results showed that criminal law enforcement against copyright infringement of books on Digital Market Place in Indonesia is categorized in the criminal 'complaint offense' which is carried out through the initial stages of receiving complaints on copyright infringement followed up with mediation in settlement efforts, and if no settlement is found then the next stage is resolved in the judicial process through case examination, investigation and investigation, the process of interception of digital evidence and its handling up to the judicial process. Legal protection of book copyright on Digital Market Place from the perspective of law enforcement is done through efforts to protect the regulatory aspects of copyright automatically copyright holders, recording system / registration of exclusive rights; moral rights and economic rights, guidance systems and internal supervision preventively through socialization of education and respressively through monitoring the market place, as well as external supervision in customs through cooperation beacukai in tackling the sale of goods that violate copyright. Restorative Justice efforts in criminal law enforcement against copyright infringement of books on Digital Market Place is done by dispute resolution through mediation and arbitration in the commercial court. Conceptually, Restorative Justice is designed in the future with the concept of fair restitution in the recovery of repairs for damage to copyright morally and recovery of compensation for the loss of economic rights materially. As the findings of this study the concept of restitution in restorative justice is very relevant to be developed in the future in the global copyright rules along with the development of E-Commerce in the digital market.","PeriodicalId":34813,"journal":{"name":"Ius Poenale","volume":"85 2 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138973168","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 Paradox: Protection of Victims Taking the Law into Vigilantism","authors":"Septhian Eka Adiyatma","doi":"10.25041/ip.v4i2.3004","DOIUrl":"https://doi.org/10.25041/ip.v4i2.3004","url":null,"abstract":"Widespread public ignorance about vigilante behavior has led to violent incidents in which individuals use violence as a means to vent their emotions on criminals they apprehend directly. Unfortunately, some victims have lost their lives due to these actions. This behavior can be equated with the crime of torture when viewed from the perspective of Indonesian criminal law, which does not have specific rules regarding vigilante acts. Due to anxiety and distrust of law enforcement agencies, vigilantism is becoming increasingly common. Through normative studies using both the old and newest Criminal Codes and other regulations as internal parameters, we can understand the seriousness of the government's role as a stakeholder in regulating society through the law. By combining various sociological approaches, research can thoroughly investigate the condition of society. The discussion begins with understanding the concept of vigilantism, legal protection, and legal assistance, forming a pattern of thinking about society, followed by an understanding of the rule of law that overshadows vigilante actions from both the perpetrator and victim's perspective. With the hope that basic individual rights are maintained in the Indonesian state with the Pancasila ideology, the law aims to establish public order with a general perspective to achieve the necessary justice. This requires understanding and support from all parties. In essence, future efforts must be preventive and repressive.","PeriodicalId":34813,"journal":{"name":"Ius Poenale","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-08-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41507851","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":"Criminologists on The Causal Factors of Unreported Narcotics Crimes","authors":"Muhammad Merpi Agung Perkasa","doi":"10.25041/ip.v4i2.3003","DOIUrl":"https://doi.org/10.25041/ip.v4i2.3003","url":null,"abstract":"Efforts to overcome and eradicate narcotics crimes require community participation, especially in reporting narcotics crimes. Some people don't want to report knowing that there is a narcotic crime. The problem of this research is whether the factors that cause crime do not report the existence of narcotic crime and how our efforts to deal with crime against crime not reporting narcotic crime. This research uses normative juridical and empirical juridical approaches. Data collection procedures were carried out using literature and field studies; the data were analyzed qualitatively to obtain conclusions and suggestions. An example of a crime not reporting the existence of a narcotics crime with permanent legal force is in Decision Number: 522/Pid.Sus/2022/PN Tjk with the defendant Ali Amarsyah Bin Misran being imprisoned for 8 (eight) months because it was proven legally and convincingly committing the crime of Article 114 of the Narcotics Law. The results of the research and discussion show that: Factors that lead to crimes not reporting narcotics crimes consist of the community does not want to deal with legal issues because they are considered to be a hassle for themselves, the community being afraid of the perpetrators of criminal acts and their syndicates which have the potential to threaten the safety of their lives if known reporting narcotics crimes and the lack of public understanding of the legal protection they will get if they report narcotics crimes to law enforcement. Efforts to overcome crime by not reporting the existence of narcotics crimes non-prenatally are by conducting counseling on legal awareness to the public so that people are willing to become reporters of narcotics crimes and provide security and safety guarantees for reporters. Penal efforts are carried out by a process of inquiry and investigation. Investigators take action in matters and according to the manner regulated in this law to seek and collect evidence with that evidence to shed light on the crime that occurred and to find suspects who have not reported a narcotics crime.","PeriodicalId":34813,"journal":{"name":"Ius Poenale","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43454009","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 Role of Investigators in Dealing With Criminal Acts of Child Promiscuity","authors":"Jhon EJ Situmorang","doi":"10.25041/ip.v4i2.3013","DOIUrl":"https://doi.org/10.25041/ip.v4i2.3013","url":null,"abstract":"This article aims to analyze the role of investigators in dealing with criminal acts of child promiscuity at the Lampung Regional Police and the inhibiting factors for the role of investigators in dealing with criminal acts of child promiscuity at the Lampung Regional Police. This type of research is a type of normative juridical research to examine and analyze cases handled by PPA Polda Lampung investigators in 2021 related to child promiscuity cases and to find out the role of investigators in dealing with child promiscuity crimes. The research findings show that the role of investigators in dealing with criminal acts of child promiscuity at the Lampung Regional Police is based on Law Number 8 of 1981 concerning the Criminal Procedure Code and the Police Law, which formulate cumulative criminal responsibility. The factors that impede the optimization of the investigator's role include the lack of several investigators and limited infrastructure.","PeriodicalId":34813,"journal":{"name":"Ius Poenale","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46551093","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":"Imposition of Penalty below the Special Minimum in Narcotics Crime","authors":"Astry Novi Lidarti","doi":"10.25041/ip.v4i1.2988","DOIUrl":"https://doi.org/10.25041/ip.v4i1.2988","url":null,"abstract":"Law number 35/2009 on Narcotics regulates the special minimum punishment. However, judges violate the minimum criminal limit, causing legal certainty and justice friction. This article examines legal certainty in consideration of judges in punishing the special minimum in narcotics crime cases. This research uses normative and empirical legal approaches through literature, document analysis, case studies, and resource person interviews. Based on the results of the research and discussion, it is concluded that the sentence below the special minimum in narcotics cases is based on the judge's legal consideration that the defendant is a drug abuser himself, the urine test results are negative, the amount of narcotics possessed is small, and the defendant is not proven to sell or become an intermediary in the sale and purchase of narcotics. In his consideration, the judge combines the laws relating to narcotics with the legal facts of the trial so that the judge's decision to impose a sentence below the special minimum has legal certainty.","PeriodicalId":34813,"journal":{"name":"Ius Poenale","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-05-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42040744","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 Decide Trials in Absentia in Desertion Crimes","authors":"Dava Prawira Wibowo","doi":"10.25041/ip.v4i1.2963","DOIUrl":"https://doi.org/10.25041/ip.v4i1.2963","url":null,"abstract":"Military Members are limited by Laws and Military regulations so all the actions that are undertaken must also be based on Applicable laws and regulations. One of the most common crimes committed within the TNI is a criminal act of desertion desertion is the most prominent crime and must be done immediately resolved because it involves the integrity of the troop, it is necessary to regulate it specifically in order to be immediately decided and obtain legal certainty. However what if the military personnel who committed the crime of desertion could not found its existence or in this case the examination of the criminal act of desertion in absentia The method used by using a normative juridical approach method and supported by empirical juridical approach in the form of support from criminal law experts and law enforcement to support normative juridical data. Approach Normative juridical is done by seeing, analyzing and interpreting matters of a theoretical nature concerning legal principles through search related literature directly or indirectly direct Based on the results of research and discussion can be drawn a conclusion of the process the implementation of the desertion crime trial can be stated in absentia,if at the time of the third summons, the defendant still did not appear at the hearing (Law No. 31 of 1997 concerning Military Justice, Article 143). The judge's considerations in deciding the crime of desertion to three considerations, namely based on juridical considerations on formal statutory provisions, sociological considerations based on the social background of the defendant and for expediency, as well philosophical considerations with the aim that the sentence imposed against the accused as an effort to uphold discipline for each military member.","PeriodicalId":34813,"journal":{"name":"Ius Poenale","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46751011","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":"Plea Bargaining - A Comparative Study of India with Foreign Countries","authors":"Boivob Majumder","doi":"10.25041/ip.v4i1.2845","DOIUrl":"https://doi.org/10.25041/ip.v4i1.2845","url":null,"abstract":"Plea bargaining has become more popular as a way to resolve court issues around the world. The application, scope, and operation of plea bargains change significantly between the common law and civil law regimes. To analyze these differences with respect to different jurisdictions, a comparison between India and the United States has been conducted in this study. The relative advantages and disadvantages of plea bargaining are still debated. This is because some argue that plea bargains call into question the primary purpose \"of a trial, i.e.\" to establish the truth and dispense justice. There is no denying that India needs a framework for speedy administration of justice. India's courts are being battered by rising criminal cases. Prisons are now overflowing with inmates being held without trial due to continuous delays in case disposal. This research uses normative law that examines document studies, namely using various secondary data such as laws and regulations, court decisions, legal theories, and can be in the form of scholars' opinions. This type of normative research uses qualitative analysis, namely by explaining existing data with words or statements not with numbers.The results show that India developed plea bargaining as a response to the deplorable status of the justice system. It is recognized as a credible strategy to resolve open cases and expedite the criminal justice system. However, despite being conceptualized for many years, the Indian criminal justice system has yet to adopt plea bargaining. The researcher attempts to ascertain whether plea bargaining in India in its current form and structure is adequate to achieve these goals by weighing its advantages and disadvantages in the context of the Indian justice system.","PeriodicalId":34813,"journal":{"name":"Ius Poenale","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45059478","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":"Criminal Liability Offender Forgery of Sporadic Land Certificates at Bandar Lampung National Land Agency","authors":"Zainudin Hasan, S. Endang, Komang Widi Yane","doi":"10.25041/ip.v4i1.2911","DOIUrl":"https://doi.org/10.25041/ip.v4i1.2911","url":null,"abstract":"Forgery of letters is crime that often occurs in people's lives. One of cases of crime forging letters is in court decision No: 139/Pid.B/2022/PN. Tjk. The problem in examination is whether the judge's legal considerations in imposing a crime on the defendant for crime of forging letters and how the criminal liability of the perpetrators of the crime of forging the letter. This is because it is necessary to know to what extent the imposition crime of forgery letters is at its level, whether it is subject to imprisonment and fines in accordance with mens area doctrine, as well as in looking at the crime committed and the circumstances justification or ballast. The approach used in this research is legal-normative approach and empirical law emphasizes the study of rule law, and the data used is secondary data and primary data. K Data collection was carried out through library research and field studies. In accordance with the results of the research and discussion, it appears that the basis for juridical considerations in the conviction perpetrators crime of forgery letters became the basis for revocation of name land deed, namely that actions defendant fulfilled elements first alternative indictment by prosecutor's office, in the end defendant was not proven and was found guilty of committing act of forgery of letters. If using letters can cause losses. As well as criminal liability for the perpetrators of the crime forging letters in accordance with Article 263 (2) Criminal Code and has fulfilled the theory of criminal liability. Suggestions for future are how to create criminal law that is accordance with the aspirations and values nation accordance with values justice for victims and perpetrators, namely upholding restorative justice effort to achieve peace without prioritizing concept retaliation which may not necessarily have deterrent effect.","PeriodicalId":34813,"journal":{"name":"Ius Poenale","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-03-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46004539","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":"Insult in National Criminal Law and Islamic Criminal Law: Sanctions Perspective and Legal Developments Review","authors":"Desia Rakhma Banjarani, Taufani Yunithia Putri, Almira Novia Zulaikha","doi":"10.25041/ip.v4i1.2867","DOIUrl":"https://doi.org/10.25041/ip.v4i1.2867","url":null,"abstract":"Insulting still very colorful in this life. Nevertheless, honor, dignity and fame for all people must be maintained and protected, and everyone must be safe from all disturbances and all efforts to humiliate based on Islamic provisions and state law. Based on this background, the formulation of the problem that will be discussed in this study is how are the sanction provision of insult in Indonesian law? How is the development of Islamic criminal law regarding criminal acts of insult in Indonesia? The method used in this study is normative research with data sources used in this study based on primary data sources and secondary data sources. The main data source is based on the Law No. 1 of 2023 concerning Criminal Code (KUHP), while secondary data is obtained from related books or articles. Sanctions for criminal acts of insult under Indonesian law are regulated in the Law No. 1 of 2023 concerning Criminal Code, which are grouped into 8 types of actions of insulting and The Electronic Information and Transaction Law or the ITE Law. Whereas in Islamic criminal law, it is regulated in the Al-Qur'an and Hadith Sahih: Muttafaq alaih. Criminal sanctions for insult in the development of Islamic criminal law use takzir punishment or are called jarimah takzir. In the modern era like now Islamic criminal law remains a judge's consideration for criminal imposition according to the provisions of takzir punishment.","PeriodicalId":34813,"journal":{"name":"Ius Poenale","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-03-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42126507","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}