Crime In Indonesia Research Articles

Rethinking Indonesian Legislation on Wildlife Protection: A Comparison between Indonesia and the United States

In Indonesia, a crime against wildlife is still not well controlled. Several reasons are the fact that certain wildlife is still considered a threat by the community and the lack of implemented criminal sanctions. This paper compares the application of sanctions to perpetrators of wildlife crimes between Indonesia and America. Based on the Indonesian Law, Article 40(2) of the Law on Conservation of Living Natural Resources and their Ecosystems, a person who commits a crime against individual wild animals can be imprisoned for a maximum of five years and a maximum fine of one hundred million rupiahs. Meanwhile, the United States Law, the Endangered Species Act (ESA), charges wildlife criminals with criminal and civil penalties. In § 1540(a)(1) it provides that anyone who takes, imports, exports, transports or sells endangered species can be fined not more than $ 25,000. If the species is threatened in the group, the offender can be subject to a sentence of not more than $ 12,000. Also, additional criminal sanctions were imposed to revoke federal licenses, lease permits and hunting permits. This study aims to analyse criminal sanctions' enforcement in criminal cases against protected animals in courts in Indonesia and the United States to find best practices using normative legal research methods. The results show that the criminal sanctions against wildlife crimes in Indonesia have never reached the maximum sentence so that it is not sufficient to provide a deterrent effect for the perpetrators. Unlike in America, the imprisonment sanction for criminal sanctions for protected animals is still relatively weak, but fines and civil sanctions can be maximally applied.

PERSPEKTIF KEBIJAKAN KRIMINAL DALAM UPAYA PENANGGULANGAN TINDAK PIDANA NARKOTIKA DI INDONESIA

The current criminal policy in tackling narcotics crime in Indonesia is the enactment of Law Number 35 of 2009 concerning Narcotics. Most of the criminal sanctions in the Narcotics Law are formulated cumulatively. The inclusion of minimal criminal threats. Unclear regulations regarding corporate criminal acts. Criminal Policy Perspective in Combating Narcotics Crime in Indonesia must be carried out in accordance with the basic concepts of criminalization. The development of the provisions of the narcotics crime can be found in the draft Criminal Code with the idea of recodification. The RKUHP formulation should have been done by evaluating the implementation of the law that has been carried out so far. But in fact, the provisions regarding narcotics crime in the Chapter "Special Crimes" are only done by copying and pasting the formulation of the criminal provisions in the Narcotics Law (Narcotics Law). The RKUHP does not clearly regulate the administrative aspects that are the core of the Narcotics Law, such as guarantees of rehabilitation for narcotics addicts and victims of drug abusers. The accommodation of narcotics crime in the RKUHP emphasizes that the approach used by the State in dealing with narcotics problems is a criminal approach not a public health approach.

Contribution of Islamic Law in Tackling Money Laundering Crimes in Indonesia

Money laundering is an attempt by a person to hide the origin of the proceeds of the crime he has committed. When viewed from the origin of the word, money laundering comes from two syllables, namely washing and money. Washing means cleaning something dirty or attempts to remove dirt stuck to something, and money is a tool that is used to exchange something and is generally accepted. In Jinayah's point of view, money / property is obtained from a way that is vanity / haram, for example, obtained from taking / seizing property that is not his property, narcotics, terrorism and so on. On that basis, in order to eliminate traces of his / her crime, a person then laundered the "illegal money / property" in various ways including making his own business, investing, and so on, so that it is as if what is produced from his business or investment is a lawful result. . The sentence "laa ta'kuluu" in the above verse according to Indonesian tafsir expert Prof. Quraish Shihab does not only mean "to eat" in the sense of putting something in the mouth and swallowing it. However, the meaning also means "how to obtain or perform activities". The procedure used to collect data in this study is documentation, namely the guidelines used in the form of notes or quotations, search for legal literature, books and others related to the identification of problems in this study both offline and online. Analysis of legal materials is carried out using the content analysis method (centent analysis method) which is carried out by describing the material of legal events or legal products in detail in order to facilitate interpretation in the discussion. Explicitly, Islamic criminal law (jinayah) does not explicitly mention the term money laundering. He only mentions terms that have the same elements in his actions as money laundering, including theft, embezzlement, fraud, and treason.

PERANAN POLRI DALAM MENANGGULANGI TINDAK PIDANA PENCURIAN DENGAN KEKERASAN DI WILAYAH HUKUM POLRES PAYAKUMBUH

Crime in Indonesia in recent years has often been questioned by academics, the public and legal practitioners. One form of crime that has the highest frequency is theft. From there lies the big role of law enforcement officials in combating crime for the sake of creating public order. In general, the social problems that arise due to violent theft are felt to be very disruptive to people's lives, especially in the Payakumbuh Police jurisdiction. In essence, the problem is a shared responsibility. So the role of the Police in tackling criminal acts of theft with violence in the Legal Area of the Payakumbuh Police, but its role is not yet effective because in this case there are still found inhibiting factors to the role of the Police, so that the role of the Police is not effective.

Faktor-Faktor yang Memengaruhi Tingkat Kriminalitas di Indonesia Tahun 2018

<p>Crime still often occurs easily in daily life in Indonesia. This study aims to determine factors that influence the level of crime in Indonesia in 2018 and the magnitude of the influence of each factor. The data used in this study are secondary data obtained from the Statistics Indonesia (BPS). The method used in this study is path analysis, and the variables used are population, education, unemployment rate, poverty rate, and crime. As a result, population and poverty influenced crime while education influenced poverty significantly.</p><p><strong>Keywords</strong>: crime, path coefficient, path analysis</p>

PEMIDANAAN KEBIRI TERHADAP PELAKU KEJAHATAN SEKSUAL KEPADA ANAK PERSPEKTIF HAK ASASI MANUSIA DAN HUKUM ISLAM

Sexual crimes in Indonesia have become increasingly worrying, especially against children, efforts to protect child victims by the government with Perpu No.1 of 2016 which has been passed into Law Number 17 of 2017 concerning child protection. This Perpu provides for additional regulations with castration for sexual crimes against children. The making of this policy was tinged with pros and cons because it was not in accordance with the objectives of punishment and Islamic law. The research method used is normative juridical with quantitative analysis. The purpose of this research is to see the view of the purpose of the punishment of chemical castration which is released to perpetrators of sexual crimes and to see and explain the Islamic legal views of the act of castration. The results of this study are First, the implementation of castration is an act of violence and contrary to the 1945 Constitution, namely Article 28 G paragraph 2 and Article 33 paragraph 1 of Law No. 39 of 1999 concerning Human Rights. Both Islamic Laws do not speak in writing about castration. The castration penalty stipulated in Law 17 of 2016 is a prohibition which is categorized as a punishment for takzir, because it is made by the state or leaders to overcome sexual crimes against children. The conclusion of this research is that first, castration punishment is a punishment that can violate human rights. Second, castration punishment in Islam is categorized as takzir punishment.

Implementation of State Jurisdiction and Handling of Taxation of Vessels in Indonesian Sea Waters


 
 
 The problem of ship hijacking is a persistent risk near Indonesia. Even though the pirates ships are banned, there is no law in Indonesia under which they may be prosecuted in international waters, however they can be prosecuted when sailing in Indonesian waters. The implementation of the principle of universal jurisdiction regarding the eradication of marine piracy crimes in Indonesia is contained in Article 4 of the Criminal Code. In the case of the Sinar Kudus ship, Indonesia did not use its jurisdiction as the safety of the crew was prioritized. Preventive measures taken by the government in protecting Indonesian-flagged ships in territorial waters include coordinatination with other countries to provide maritime protection and security in their respective territories, working with the agencies involved in maintaining maritime security, and providing all documents and ship components in accordance with the SOLAS Convention. In addition, in preventing armed robbery in the territorial waters of Indonesia, the Philippines and Malaysia have conducted coordinated patrols in their respective territories or jurisdictions.
 Keywords: Jurisdiction; Ship; Indonesian Sea
 
 

PENGARUH PERTUMBUHAN EKONOMI, KEMISKINAN DAN KEPADATAN PENDUDUK TERHADAP KRIMINALITAS DI INDONESIA

Abstract This purpose of examine how much the influence economic growth, poverty and population density in Indonesia. This study uses a panel of data from 33 provinces in Indonesia from 2010-2019. The type of research used in descriptive quantitative using the pooled data method. Choosing a fixed effect model in the analysis, it was found that economic growth has a positive and significant effect, has a positive and significant effect on crime in Indonesia, population density has a significant and significant effect on crime in Indonesia. Therefore, it is hoped that the government will promote stable economic growth, government programs must be pro-poor (pro-poor) with a budget allocation, as well as an even distribution of population and infrastructure. Keywords: Crime, Economic Growth, Poverty, Population Density

Linear regression model as an approach to analyze spatio temporal data to know the influence factors of the number of crimes in North Sumatera

Crimes in Indonesia tend to increase every year, both in variation and in number. Crimes in this study include murder, torture, rape, theft, fraud, and other cases that make people feel insecure. This study aims to know what factors affect the number of criminal acts in the Province of North Sumatera and determine the influence of time and location in 33 districts/cities in North Sumatra. This study uses secondary data collected by POLRI, BPS, and Dinsos in North Sumatera Province in 2013, 2014, 2015 and 2016. The independent variables used are the number of unemployed people (X1), the number of poor people (X2), population density (X3), human development index (X4), the number of places of worship (X5), the economic growth rate (X6) and the number of families with a social psychological problem (X7). The linear regression model is used as an approach to analyze. The results of this study show that the independent variables significantly influence the number of crimes acts in North Sumatera Province. The independent variables are unemployment (X1), the number of poor (X2), population density (X3), and human development index (X4). There is a significant location influence on the occurrence of the number of criminal acts in 33 districts/cities of North Sumatera Province. Based on the descriptive statistics, Sibolga, Tebing Tinggi, Padangsidempuan, Tanjungbalai, Samosir, and Gunungsitoli are the six districts with the highest proportions in criminal actions, where those districts are all cities.

THE EXISTENCE OF JUSTICE COLLABORATOR IN FASTENING THE ERADICATION OF CORRUPTION CRIME IN INDONESIA

The aim of this reseach is to know the the existence of Justice Collaborator in Fastening the Handling of Corruption Crime in Indonesia. corruption is an extraordinary crime that requires careful and ongoing handling. Opportunities that can be maximized are using justice collaborators. Its existence is seen as being able to reveal the corruption network, thus completing its eradication. This research is normative, that uses evaluative research approach which is used to evaluate the regulation related to anti corruption and justice collaborator in Indonesia. The result of this research shows that the role of justice collaborator in criminal justice to eradicate corruption in Indonesia becomes very important, and needed a law and regulation for the Justice Collaborators as an effort to create a conducive climate and create a sense of secure for a person who wants to be a justice collaborator in the revealing of corruption criminal act.

The impact of urban green spaces on the probability of urban crime in Indonesia

ABSTRACT Does the presence of green spaces in urban environments reduce the probability of crime? This paper applies the difference-in-differences approach to quantify the impact of urban green spaces on the probability of crime occurrence using data from the three largest metropolitan areas in Indonesia. Specifically, the study employs urban wards level data from the Village Potential Census (PODES) of 2014 and 2018 collected by Indonesia Statistics. Estimation results indicate a negative and significant impact of new urban green spaces on the probability of crime occurrence at the urban wards level. Results are reversed for those urban wards that lost green spaces, indicating an increase in the probability of crime when green spaces decrease. Results remain qualitatively unchanged with the inclusion of regional dummies and other control variables to control for regional differences, which indicates the robustness of our findings. By providing evidence that access to nature has a mitigating impact on crime in urban settings, city governments and communities are empowered to support these interventions.

The Ultimum Remedium Principle and Its Implementation on Tax Crime in Indonesia: a Case Study

The Ultimum Remedium Principle and Its Implementation on Tax Crime in Indonesia: a Case Study

Tindak Pidana Korupsi Di Era Pandemic Global

Corruption is a serious crime in Indonesia that has destroyed the foundation of the state and nation. Not Only is corruption destrimental to the state, but it also snatches social right and economic developmens in general.This crime is very difficult to eradicate, because it is often committed through a systematic way and involved the people who hold economic and political power. The impacts of corruption are devastating. to overcome the problems can be formulated policy formulation of capital punishment law against perpetrators of corruption in Indonesia in the future by making some exceptions and change to article 2 in Law no. 20 ofP 2001 on amendment to Law Number 31 year 1999 concerning the Eradication of Corruption.

Seizing the Center

This article intends to cast light on historical continuities between pre-colonial, colonial, and post-colonial organized violent crime in Indonesia and its connection to the country’s rulers. The core argument is that Indonesia and the polities which once existed in its territory have a long history of cooperation between the ruling elites and the criminal world. The early-modern era bandits, called jago, and the modern gangsters, known as preman, arguably represented an important pillar of the power of political regimes in Java from the pre-colonial Javanese kingdoms to the Netherlands East Indies’ colonial state to Soeharto’s New Order. In post-Soeharto Indonesia, political liberation combined with the impact of jihadist Islam(ism) has created conditions in which a number of leather-clad gangsters have turned into vigilante defenders of Islam, who are sometimes co-opted by influential interest groups and sometimes sent back to the political periphery after falling out of favor. While the primary objective of this paper is to analyze the issue of oscillation between incorporation, co-optation, and utilization of criminals and radical Islamic groupings by the powerful, on the one hand, and their elimination, on the other, the paper also looks into how Indonesian historiography has depicted these influential bandits/gangsters/vigilantes and how historiographical sources tend to legitimize them to create an authoritative nationalist narrative.

Sanksi Pidana bagi Pelaku Penyelundupan Imigran Gelap

The smuggling of illegal immigrants in Indonesia is an old problem, compounded by the situation in which people smuggling is carried out by Indonesian citizens themselves. The weak law regarding smuggling of illegal immigrants owned by Indonesia has made Indonesia no longer a transit country, but has become a smuggling destination country. Illegal immigrant smuggling can be defined as an activity that has the aim of making a profit, by bringing illegal foreigners to enter Indonesian territory. This study aims to determine the application of the illegal immigrant smuggling crime in Indonesia and to know the criminal sanctions against the illegal immigrant smugglers. This type of research used in this research is normative legal research using the literature review method in finding legal material. The data sources are Primary Legal Materials, which are binding legal materials, namely the 1945 Constitution of the Republic of Indonesia, the RKUHP in Chapter XXII of human smuggling, the Law concerning. The data was collected by means of a documentation study which was carried out by reading and recording the explanatory information obtained. The materials that have been collected are then processed using the inductive deductive method or vice versa, in order to obtain quality legal materials in accordance with the subject matter discussed which in the end the processing will be presented descriptively. The results show that the illegal immigrant smuggling crime is regulated in Article 120 of Law Number 6 of 2011. Then, the perpetrator of the illegal immigrant smuggling crime will be imprisoned for a minimum of 5 (five) years and a maximum of 15 (fifteen) years with a minimum fine of five hundred million rupiah and a maximum of one billion five hundred million rupiah.

TANGGUNG JAWAB RUMAH PENYIMPANAN BENDA SITAAN NEGARA DALAM PENGELOLAAN BENDA SITAAN DAN BARANG RAMPASAN HASIL TINDAK PIDANA

Article 44 of the KuHP states that: "Confiscated objects are stored in state confiscation houses. In Article 1 number 3 of Government Regulation No. 27 of 1983 on the Implementation of Criminal Events Act also mentions that the State Confiscation House is hereby called RUPBASAN is the place of objects confiscated by the State for the purposes of judicial proceedings. RUPBASAN is where objects confiscated by the State for the purposes of judicial proceedings. RUPBASAN is established in every capital city or city district, and if necessary can be established RUPBASAN Branch. However, in practice not all district capitals or cities have RUPBASAN to manage confiscated objects and loot proceeds from crimes, so the management of the proceeds of crime is under direct management by the law enforcement agencies that handle such crimes. Based on the background as described above, the formulation of the problems in this study is: what are the arrangements regarding the management of Confiscated Objects in the RUPBASAN? And how is the management of Confiscated Goods and Proceeds of Looting Crimes in Indonesia? This research is a normative juridical study, namely research conducted by examining library materials or secondary data. The results showed the amount of assets or items seized from the defendant in criminal cases by law enforcement officers that were still not properly managed, meaning they had been confiscated or taken from the defendant, but were not properly managed. So far there has been an institution called RUPBASAN, as stipulated in Law No. 8 of 1981 on KUHAP, PP No. 27/1983 on The Implementation of KUHAP, and Regulation of the Minister of Justice Number: M.05.UM.01.06 of 1983 on the Management of Confiscated Goods and State Booty in the State Confiscation House, but not utilized properly. Confiscated items are all stored in the police station or prosecutor's office, whereas if stored and left unmanaged properly then there will be a decrease in value. Keywords: responsibilities of the RUPBASAN, confiscation objects, proceeds of crime

Law Enforcement in The Handling of People Smuggling Crime in Indonesia

People Smuggling is a rising phenomenon of Transnational Organized Crime. Indonesia has taken an important step to combat this phenomenon by ratifying the UN Protocol against Smuggling of Migrants which set of key obligations relating to People Smuggling. This normative legal research aims to identify and discuss the challenges to convert these obligations into practical outcomes. The research results show some practical challenges for the law enforcement agencies responsible for combating people smuggling which includes a number of issues that relate to the prosecutions of migrant smugglers and to the dismantling of smuggling networks. Therefore, it is necessary to have a model of law enforcement in handling a crime as complex as people smuggling by improving the legal substance, the legal structure as well as the community participation in regional perspectives.

Pancasila Philosophy's View on Capital Punishment for Narcotics and Psychotropic Crimes in Indonesia

Pancasila Philosophy's View on Capital Punishment for Narcotics and Psychotropic Crimes in Indonesia

EKSISTENSI FIKIH DALAM PENERAPAN HUKUM ZINA DI INDONESIA

Criminal crime in Indonesia has become a challenge for the Indonesian people. In the application of law in Indonesia, it is still weak, because there are still many acts of adultery. The crime of adultery can cause moral damage to Indonesian children. The problem that is followed by adultery has won society and the nation so that it becomes a conflict that can disturb morale. Based on this background, the authors raise this article with the title The Existence of Fiqh in The Application of Adultery Law in Indonesia. Related to this scientific journal, the author explains the problem of applying zina laws in Indonesia, and the existence of fiqh in the application of adultery law in Indonesia. The research method used in scientific journals uses the literacy research method by analyzing books and journals that have the same discussion theme as the title of the article. What results of this renewal is that the application of adultery law in Indonesia is more effective, and firm. In order to avoid moral destruction of the younger generation. Because the young generation is the successor of the nation.

Peran Penting Tokoh Masyarakat Dalam Pemberantasan Korupsi

The rise of corruption cases revealed lately shows that corruption crime in Indonesia is verymuch a scourge and the heavy duty of the government to eradicate it one by one. Initially corruptionwas still carried out in the form of petty bribes, but now corruption is carried out in the category ofbillions from all aspects, even the last case was revealed to the detention center. It is a tragicphenomenon because our nation is known to have a high cultural morality and a very religiouscommunity. Efforts to eradicate corruption cannot be cut off by what is seen. But must be with broadand deep social movements, leading to social and cultural change. The social movement to eradicatecorruption is a revival of society to jointly correct conditions and bring a better life. The ultimate goalis not only to change the attitudes and behavior of individuals within the community itself, but also tobring about a new social order that is free of corruption. The problem in this journal is how the role ofcommunity leaders becomes very important in the process of eradicating corruption in Indonesia. thecommunity and the encouragement of the community to be aware of corruption must be truly enhanced,including cooperation from the KPK by always providing counseling with community leaders, becausebecause these community leaders are the important spearhead for moving a corruption-awarecommunity system. As a suggestion, the KPK cooperates with community and adat leaders in theformation of rules in the community, for example awig-awig in the Balinese indigenous community.With the awig-awig regulating corruption, it will act as a foundation in the enforcement of anticorruptionitself, which was started at the level of indigenous groups.