Crime Law Research Articles

The Role of Law Enforcement Investigators in Addressing Sexual Violence under the Sexual Violence Crime Law (UU TPKS): A Case Study of Gerung Police Department, West Lombok

Law enforcement against sexual violence is a crucial aspect of state responsibility in protecting human rights, particularly the rights of victims. Law Number 12 of 2022 concerning Sexual Violence Crimes (UU TPKS) provides a more comprehensive legal framework for law enforcement officers, especially investigators, in handling sexual violence cases. This study aims to analyze the role of investigators in the enforcement of sexual violence laws within the jurisdiction of the Gerung Police Department, West Lombok. The research employs an empirical juridical approach with data collected through interviews, observations, and document studies. The findings reveal that investigators play a central role in the criminal investigation process, including receiving reports, gathering evidence, examining witnesses and victims, and submitting case files to the prosecutor's office. However, in practice, investigators face several challenges such as limited resources, lack of psychological support for victims, and prevailing socio-cultural pressures that often stigmatize victims. The UU TPKS serves as an essential guideline to strengthen the role of investigators, particularly in implementing a victim-centered approach that emphasizes the protection and restoration of victims' rights. Continuous training for investigators and cross-sectoral collaboration are needed to ensure the effective implementation of the UU TPKS at the regional level.

DISHARMONI PENGATURAN TINDAK PIDANA POLITIK UANG DALAM UNDANG-UNDANG PEMILU DAN UNDANG-UNDANG PILKADA

The regulatory dichotomy between regional elections and general elections for the president, vice president, members of the DPR, DPRD and DPD (elections) has led to differences in arrangements between the two, one of which is regarding regulation of money politics, which in this case is interpreted as an attempt to give or promise something to voters to not exercise their right to vote or vote for a particular candidate. Arrangements regarding the prohibition of giving or promising something to voters not to exercise their right to vote or vote for certain candidates in the Pilkada Law are formed in pairs, both for the giver and also for the recipient, namely as stipulated in Article 187 A paragraph (1) and paragraph (2) of the Pilkada Law, while for the same material actions the Election Law only contains a prohibition for the giving party, as stipulated in Article 523 of the Election Law, while for the receiving party there are no prohibitions or criminal sanctions in the a quo law. This shows that there is disharmony between the Pilkada Law and the Election Law, especially in the Election Law it appears that there is a legal vacuum (vacuum of norm) regarding the prohibition for receiving parties in the practice of money politics. This research departs from two problems. First, is the regulation of money politics as a crime in the Election Law reflecting justice. Second, what is the ideal policy for formulating money politics in the context of ius constituendum? The research method used in writing this paper is normative research method. The results of the study show that the regulation of money politics as a crime in the Election Law does not yet reflect justice, for this reason it is necessary to reconstruct the regulation of money politics in the future Election Law, namely by criminalizing passive money politics. Keywords: Disharmony, Crime, Money Politics, Elections

Relational Legal Consciousness in the Context of Hate Crime Laws

This article draws on a qualitative study that examines how Asian-descendant victims of hate activities in Canada perceive, interpret, and engage with hate crime laws and the legal system. My findings show that participants’ understanding of these laws is deeply relational, shaped by their encounters with perpetrators, the legal system, and the nation-state. While participants acknowledge the symbolic promise of protection and justice that hate crime laws offer, they also perceive these laws as potential sources of burdens and harm. This ambivalence stems from personal experiences and broader social and institutional contexts that influence how marginalized individuals perceive legal protections and justice. By examining these dynamics, this study advances law and society scholarship by offering a nuanced understanding of how marginalized communities navigate and interpret legal protections, emphasizing the need to critically assess legal processes through the lived experiences of underrepresented individuals.

APPLICATION OF THE LAW ERADICATION OF CORRUPTION IN THE CASE OF BANKING CRIMES IN THE REGIONAL PUBLIC COMPANY OF BANK PERKREDITAN RAKYAT BANK CIREBON

Abstract Background. Corruption is a part of special criminal law with different characteristics from general criminal law, especially in terms of procedural law procedures and the substance it regulates. The differences cover various aspects, including special provisions that deviate from the general criminal law norms. Aims. This study aims to determine how the Investigating Prosecutor applies the Law on the Eradication of Corruption in the case of Banking Crimes. Methods. This study uses a normative juridical method and is descriptive, using a qualitative approach to secondary data obtained from literature and documentary studies as the main data, and primary data obtained from interviews as supporting data. Result. The results of the study show that the basis for the Prosecutor's consideration of applying the Law on the Eradication of Corruption in Criminal Cases at Perumda BPR Bank Cirebon includes the politics of Indonesian law in eradicating corruption, the expertise of investigators in uncovering cases, the existence of state financial losses, the status of the suspect's position as an employee salaried by the state, and the fulfillment of elements in Article 2 and Article 3 of the Corruption Law. Conclusion. The Prosecutor's Office is crucial in enforcing the law, proving elements of criminal acts, and ensuring the return of state losses. In this case, the basis for the Prosecutor's consideration in applying the Corruption Crime Law (Corruption Law) in cases of misappropriation of customer funds and documents at Perumda BPR Bank Cirebon includes the politics of Indonesian law in the eradication of corruption Implementation. The government and OJK need to encourage auditor certification for SPI members, especially in financial auditing and forensic investigations. Each BPR is required to have an internal auditor who is competent in detecting financial irregularities, including suspicious transaction analysis.

IMPLEMENTATION OF LEGAL PROTECTION POLICIES FOR VICTIMS OF VIOLENCE AGAINST WOMEN AND CHILDREN

Abstract Background. Children, as creations of God and social beings, possess the right to life and autonomy from conception to birth, and are entitled to protection from parents, family, society, nation, and state. Aims. This study seeks to examine the execution of legal protection policies for victims of sexual abuse against women and children in Cirebon Regency. Methods. The employed research method is empirical legal research, integrating legislative, intellectual, and sociological approaches. Data were acquired via document analysis and field interviews. Result. The study's findings indicate that, despite substantial efforts to offer legal protection, encompassing legal, psychological, and medical support, along with the establishment of safe houses, numerous challenges persist. These impediments encompass inadequate facilities, societal stigma, insufficient inter-institutional coordination, and protracted legal procedures. The Sexual Violence Crime Law (TPKS Law), enacted in 2022, signifies a substantial advancement in the provision of enhanced protection. Nonetheless, its execution at the regional level continues to encounter obstacles, particularly regarding resources and public awareness. Conclusion. This study concludes that there is a need to improve inter-institutional coordination, public education, and strengthen infrastructure to create a safer environment for women and children. Implementation. The implementation of the law still faces several challenges, particularly at the regional level.

МОНГОЛ УЛС ДАХЬ КИБЕР ГЭМТ ХЭРГИЙН ӨНӨӨГИЙН БАЙДАЛ, ДҮГНЭЛТ, САНАЛ

In this article we are noting the activities of Governmental and Non-Governmental Organizations,which are conducting in the fields of Cyber crime and security in Mongolia, and also the monitoring on crimesituation for last 5 years, mentioned at 25 article of Criminal Law of Mongolia “Crimes against computers andinformation security”. The recommendation was represented comparing the valid variation of Criminal Law andnew draft of Crime Law.

Material Object as a Qualification Subject to the Criminal Crime in the Criminal Law of the Republic of Moldova

By Law no. 257 of 16-12-2020 regarding the amendment of some normative acts, which entered into force on 01.01.2021, in the Criminal Code of the Republic of Moldova were made essential amendments in the matter of criminalization of smuggling offenses, the incriminating sphere was extended and, on the other hand, a differentiated sanctioning regime was established for the different normative ways in which they can appear. At the basis of this differentiation are the objective and subjective requirements of the legal content of the crime, requirements that are to be established in each particular case in the process of qualifying the crimes. Emphasizing the different procedures for interpreting the criminal law, in this study we tried to interpret the will of the legislator materialized in the description of the new formulations of legal content that characterize the acts of smuggling.

Examining an organizational culture for reducing environmental crime: A case study of Mongolian customs.

Examining an organizational culture for reducing environmental crime: A case study of Mongolian customs.

A Longitudinal Analysis of Risk and Protective Factors of Bias-Based Bullying Victimization Among Adolescents.

Bias-based bullying (i.e., bullying targeting actual or perceived aspects of one's identity) is a form of interpersonal victimization that has adverse consequences for youth functioning. While research has documented foundational knowledge on bias-based bullying, few studies have incorporated a multilevel longitudinal approach to examining theorized risk and protective factors of this complex phenomenon. The current study addresses this gap by investigating predictors (e.g., school climate and state laws) at multiple social-ecological levels and comparing the magnitude of coefficients. Three data sources were used: (a) data from a sample of adolescents (N = 639) participating in a four-wave longitudinal study regarding their experiences with bias-based bullying, (b) external data on enumerated anti-bullying laws, and (c) external data on protected categories in state hate crime statutes. We estimated a series of latent growth curve models to examine trajectories of bias-based bullying victimization over the 18-month study period and added social-ecological predictors (sociodemographic characteristics, peer support, family support, school climate, enumerated anti-bullying laws, and an index of protected categories in state hate crime laws) of bias-based bullying victimization. Key findings documented that sexual minority youth and youth identifying as another racial identity, non-Hispanic had higher initial bias-based bullying victimization scores, with sexual minority youth decreasing at a significantly more rapid rate than heterosexual youth. Peer support, family support, school climate, and enumerated anti-bullying laws were significantly associated with the intercept factor (i.e., initial status) of bias-based bullying victimization. Notably, school climate emerged as an important protective factor in the fully adjusted model, predicting initial bias-based bullying victimization scores. This study provides new information on risk and protective factors and is critical for tailoring prevention and intervention efforts to mitigate this form of victimization. Bolstering support for vulnerable youth and promoting a positive school climate are recommended.

Sexual Consent Paradigm In The Framework Of Indonesian Legal: A Comparative Islamic Perspective

This research aims to analyze the sexual consent paradigm in the Sexual Violence Crime Law and compare it with the principles of Islamic law. The focus of the research is to understand the extent to which the two paradigms are aligned or different in terms of protecting individual rights against sexual violence. This research uses qualitative methods with normative and comparative approaches. Analysis was carried out on the text of the TPKS Law and sources of Islamic law, such as the Al-Qur'an, hadith, as well as the opinions of ulama regarding sexual consent. Data was collected through literature studies and legal documents. Research findings show that the TPKS Law emphasizes the importance of free, conscious and non-coerced consent in sexual relations, regardless of marital status. In contrast, Islamic law provides a stricter framework regarding legal sexual relations only within the context of marriage. While both recognize the importance of consent, deep differences emerge over the limits and scope of legitimate relationships according to religion. The sexual consent paradigm in the TPKS Law and the principles of Islamic law have similarities in the aim of protecting individuals from sexual violence, but there are significant differences in their application. The TPKS Law adopts a more universal approach, while Islamic law places more emphasis on legitimate relationships within marriage. This research recommends the need to integrate religious values ​​in national legal policies to achieve more holistic justice.

Legal Analysis of Legal Protection for Children as Victims of Incest Criminal Act

Background: In society, children have a highly vulnerable position, as their physical and mental condition is not yet strong and mature. There have lately been many cases of crimes against morality which involve children, especially the crime of sexual violence, including incest. Objective: This paper aims to analyze: (1) the law on child victims of incest applied at the Ternate City Police Force and (2) the obstacles in applying the law to protect child victims of incest at the Ternate City Police Force. Methods: This research was classic doctrinal research which employed a statute approach and a library approach. To collect data in this study, the researchers employed literature and legislation studies. Results: It was found that efforts provided for victims of underage sexual intercourse and rape in the criminal justice system are implemented through preventive and repressive approaches carried out by both the community and the government. Perpetrators of incest rape are charged with 3 legal regulations, namely the Sexual Violence Crime Law, the Criminal Code, and the Child Protection Law. The existing obstacle is that not many people understand the process of handling incest cases which should be punished more severely than ordinary rape.

A survey on content, layout and accessibility (CLA) of LAW083 MOOC among UiTM law foundation students

Massive Open Online Courses (MOOCs) are online learning environments designed for large numbers of participants and are typically free, open, and flexible. In 2019, Universiti Teknologi MARA (UiTM) launched UFUTURE, an online platform featuring UiTM MOOC among its integrated features. With the aim of improving learning quality, UiTM MOOC offers diverse learning materials and activities to accommodate students of various learning styles. Recognising its benefits, the Introduction to Law of Contract, Torts and Crimes (LAW083) course, a compulsory subject for law foundation students at the Centre of Foundation Studies, UiTM Selangor Branch, Dengkil Campus (COFS), was adapted into a MOOC. Although previous research has discussed students’ perceptions towards MOOC in learning various subjects, there has been no comprehensive study on law foundation students’ perceptions of using MOOC for learning LAW083 at COFS. This study employed a cross-sectional survey approach to collect primary data from UiTM Law Foundation students enrolled at COFS during Session 2 of the 2023/2024 semester. Based on Krejcie and Morgan’s (1970) formula, the sample size for the available population (N=720) was determined to be 251 after screening. The sampling method used for the respondents was purposive convenience sampling, where the online survey was distributed to the target population within the same academic session. This research acknowledges the limitation of sample size, which may affect the applicability of the findings concerning the LAW083 MOOC among UiTM Law Foundation students. Based on the results of the Friedman test that was conducted, the results presented the ranks of three (3) measures: content (C), layout (L), and accessibility (A), or CLA, which were found to be significantly different. The questionnaire assessed students’ opinions on the LAW083 MOOC regarding content, layout, and accessibility while also gathering feedback for improvements in these areas. The survey findings will be used to improve the CLA of the LAW083 MOOC. It is recommended for future studies to broaden the sample size and incorporate other qualitative methods such as interviews or focus group discussions to obtain more indepth insights.

Preventing the politicisation of corruption crime law enforcement based on local wisdom

This study focuses on the phenomenon of politicised law enforcement in corruption cases during election years, where legal actions are suspected of being used as political tools to weaken opponents and maintain power. Consequently, law enforcement is perceived as "by order" and heavily influenced by vested interests. This entanglement between politics and law is attributed to a lack of integrity and moral values among the involved actors, further undermining democratic practices and justice. This study analyses how the politicisation of law occurs in the electoral context and its impact on law enforcement and proposes a solution to prevent the politicisation of corruption in law enforcement through local wisdom-based approaches. This research employs a socio-legal method, analysing secondary data from various corruption cases exposed ahead of the 2014, 2019, and 2024 elections. This analysis includes literature reviews, investigative reports, and data from law enforcement agencies. Findings indicate a consistent pattern where corruption in law enforcement involving public officials tends to intensify as elections approach, suggesting efforts to politicise the law. Such politicisation negatively impacts genuine anti-corruption efforts by casting the law as a political instrument rather than a means of upholding justice, thus degrading the dignity of law enforcement and affecting public perception. Taking Malaysia as an example in successfully improving its Corruption Perceptions Index (CPI), this study underscores the importance of strengthening integrity by instilling moral values rooted in local wisdom, such as "Hasta Brata" and the "nine anti-corruption values." These efforts are essential to establishing dignified democratic practices and fair law enforcement that are free from corruption, collusion, and nepotism.

There and back again: Sex crime law reform and counter-reform in Spain

In this article, I demonstrate how changes to Spanish criminal law produced a highly contradictory outcome, which constitutes the most astonishing volte-face in the recent history of the Spanish criminal justice system. I explain how a 2023 law reform, which changes the consent standard in rape cases, was a counter-reform, a backlash due to the political confluence between a disgruntled part of the feminist movement and the anti-gender conservative agenda. I argue that even a feminism that seeks more lenient penalties is susceptible to strong criticism that undermines its achievements. I offer a critical analysis of how, and under what circumstances, a gender-informed, feminist-inspired legal policy can be successfully challenged, questioning what ‘counts’ as rape and how it should be legally defined.

The Use Of Visum Et Repertum As A Medical Legal Aspect To Foreign Tourists As Victims Of Sexual Violence In Indonesia

This research discusses the Visum et Repartum policy as one of the use of medicolegal aspects to foreign tourists as victims of sexual violence in Indonesia. In several cases, victims are often embarrassed, insecure and even hesitant to report the perpetrator to the authorities due to the lack of evidence to support the victim of sexual violence. One solution that can be taken for victims of sexual violence is by carrying out Visum et Repartum. The problem arises regarding the settlement through the post-mortem, there has been a vacuum in the norms governing the guidelines for implementing the post-mortem. The results show that various regulations in the existing law do not regulate in detail and firmly the guidelines for implementing Visum et Repartum for victims of sexual assault in Indonesia, in order to support those who have been harmed by it often have difficulty reporting it to the authorities and proving it in KUHAP. In this research, the Visum et Repartum arrangements for foreign tourists who are victims of sexual violence in Indonesia are regulated by several laws and regulations in Indonesia, one of which is regulated by the Tourism Law and the Sexual Violence Crime Law. The form of legal regulation regarding the appropriate implementation of Visum et Repartum for foreign tourists who will be covered by the new law as victims of sexual assault (Ius Constituendum) can be in the form of regulations or policies that specific regulate law enforcement guidelines for the implementation of Visum et Repertum in Indonesia. In practice, currently there are no regulations governing the implementation of Visum et Repartum for foreign tourist victims properly and correctly in accordance with Indonesian regulations.

Challenges and Countermeasures in the Application of Criminal Law for Cyber financial Crimes in the Era of Artificial Intelligence

Challenges and Countermeasures in the Application of Criminal Law for Cyber financial Crimes in the Era of Artificial Intelligence

Should Human-Rights Treaties Define the International Crime of Forced Marriage?

Forced marriage is an offence not listed as a crime in international criminal law (ICL) statutes. However, various international criminal courts have continued to prosecute individuals for, and convict them of, committing the offence of forced marriage. This raises an unanswered question regarding the principle of legality. This principle is at the centre of criminal justice and critical to the realisation of the accused’s right to a fair trial. Article 22 of the Rome Statute embraces the principle of legality by stating that an accused cannot be charged with an act or omission that did not constitute an offence at the time it was committed. Where sexual and gender-based crimes are not proscribed, those accused cannot be charged, which infringes on the rights of women to access justice. Conversely, on account of the principle of legality, if perpetrators are charged and prosecuted when no such crime is proscribed under ICL statutes, the fair-trial rights of the accused are violated as the principle of legality is undermined. It is, however, notable that there are provisions in international human-rights instruments (including article 23(3) of the International Covenant on Civil and Political Rights, and article 16(2) of the Universal Declaration of Human Rights) that prohibit forced marriage. Moreover, in terms of article 21 of the Rome Statute, applicable law before the International Criminal Court (ICC) includes “where appropriate, applicable treaties and the principles and rules of international law”. This article assesses whether there is room for recourse to be had to international human-rights law treaties to give meaning to the crime of other inhumane acts for purposes of prosecuting the crime of forced marriage, and what the implications are for the principle of legality.

ADVANCING ECOCIDE IN INTERNATIONAL LAW: A POTENTIAL LEGAL TOOL FOR SAFEGUARDING ENDANGERED SPECIES AMIDST CLIMATE CHANGE

This article highlights the need to formalize a legal framework regulating the ecocide crime in international law, within the context of climate change that causes a biological diversity crisis in today’s world. Accordingly, this study’s main argument is to advocate for a definition to be adopted at international level, which will encompass elements of the ecocide crime. The study evaluates existing international legal instruments as the Geneva Conventions and the Rome Statute, highlighting their limitations in adequately addressing environmental harm. Elaborating ecocide with its criminal dimension in international law has a very crucial function for the protection of the elements of biological diversity, particularly, the endangered species which are currently facing with an existential danger in the face of human-induced climate change. The necessity of an international effort to define ecocide is clear. Adoption of a new Jus Cogens rule recognizing the rights of the environment will ensure the legal protection of nature and reinforce sustainable practices on a global scale. There is no doubt that for this to happen, an ecocentric approach that centers on the right to the environment and, more broadly, the legal personality and rights of the planet must be adopted.

Islamic Legal Perspective on Data of Child Victims of Sexual Violence: A Case Study of the Indonesia’s Court

The Case Tracking Information System (SIPP), established by the Supreme Court, is designed to facilitate the tracking of legal cases. However, concerns have arisen regarding data leakage of victims of sexual violence. This study seeks to analyse and evaluate the protection of personal data of victims of sexual violence published in the SIPP Court, particularly from an Islamic law perspective. Employing a socio-legal research method, the study integrates case, statutory, and conceptual approaches. Primary legal materials include laws and regulations relevant to victim protection, while secondary legal materials are sourced from relevant journals, books, and literature. The analysis was performed using a descriptive technique with grammatical and systematic interpretations. The results of the study show that five laws (Witness and Victim Protection Law, Sexual Violence Crime Law, Personal Data Protection Law, Juvenile Criminal Justice System Law, and Child Protection Law) regulate victim confidentiality to prioritise the best interests of children as the next generation of the nation. Despite these legal provisions, practical discrepancies persist. For example, in the SIPP of the Baubau District Court, sensitive details such as victims’ names are accessible, whereas the Aceh District Court only displays anonymised data, using aliases like "child witness." From the Islamic perspective, as derived from the Quran and Hadith, Muslims are prohibited from approaching adultery, and people who commit adultery will be punished both in this world and in the hereafter. The implication of personal data protection for victims of sexual violence, associated with Maqashid Syariah, is that the protection of the soul (hifz al-nafs) and mind (hifz al-‘aql) of children is part of the collective responsibility borne together by the family, society, and government. Therefore, it is important to reevaluate and reconstruct the protection of child victim data in SIPP

EFEKTIVITAS UNDANG-UNDANG NOMOR 12 TAHUN 2022 TENTANG TINDAK PIDANA KEKERASAN SEKSUAL DALAM PERLINDUNGAN KORBAN PEREMPUAN

Sexual violence in Indonesia has become a persistent issue that shows no signs of abating. Every day, cases of sexual violence continue to rise, with the majority of victims being women and children. This situation prompted the government to enact and implement Law No. 12 of 2022 on Sexual Violence Crimes. One of the primary objectives of this law is to provide optimal and comprehensive protection and recovery for victims. This study employs a normative-empirical method, analyzing the implementation of positive law provisions (legislation) and written documents in action (factually) in the context of specific legal events occurring in society. The findings indicate that the Sexual Violence Crimes Law has not yet been effective. Several contributing factors include weak law enforcement, inadequate facilities and recovery access for victims, and, in some cases, violations of victims' confidentiality. Keywords: Female Victims, Sexual Violence Crimes, Legal Protection