Indonesian Criminal Law Research Articles

Corporate Crime Liability: Beyond Rule Reform on Indonesia Criminal Policy

The acceptance of the corporation as the subject of a criminal act, causing problems in the accountability of corporate criminal acts, because of the existence of vague norms that cause injustice and uncertainty in its application. In this study, there are two main problems, namely regulation of corporate criminal liability in criminal law in Indonesia and the prospect of criminal law on the liability of corporate criminal acts in Indonesia from the perspective of ius constituendum. The research method used is a normative legal research method with a statutory approach, comparison study and legal concepts analysis. The results of the study are: (1) As a vague norm in the regulation of corporations as the subject of criminal acts that can be accounted for in the Criminal Code and several laws outside the Criminal Code have regulated corporations as the subject of criminal acts that can be accounted for in criminal law, (2) The prospect of regulating corporate criminal liability in the 2019 Draft Criminal Code has completely and firmly regulated corporations as the subject of criminal acts and can be accounted for in criminal law and accepts absolute criminal liability and certain substitute criminal liability.

The Importance of Reconstructing Criminal Liability for Prostitution in the Reform of Criminal Law

The practice of prostitution is currently evolving rapidly, primarily driven by the dissemination of information through electronic media. The lack of comprehensive regulations regarding prostitution allows the law to contribute to the development of this phenomenon. Insufficient regulation has created a new legal culture among those involved in prostitution, which has widespread effects on society. One of the most severe consequences of the widespread practice of prostitution is the spread of sexually transmitted diseases, which can impact the health of both those directly involved and individuals nearby, such as the partners of sex workers. This research aims to analyze the regulation of prostitution in Indonesia's criminal law today. Through this analysis, the importance of reforming the law to comprehensively regulate prostitution in the future is highlighted. The method used in this research is legal research with a normative approach, utilizing secondary data obtained through literature review and examination of legislation. The analytical method applied is prescriptive analysis. The findings indicate that although some regional regulations have addressed prostitution practices, there is no national regulation that explicitly governs prostitution. Recommendations for the future include providing a clear definition of prostitution, criminalizing consumers or users of prostitution services, criminalizing sex workers, reformulating offenses for pimps, implementing a double track system for sanctions, increasing criminal penalties, and clarifying the formulation of offenses. Keywords: reconstruction, prostitution, criminal law.

Amicus Curiae dalam Sistem Peradilan Pidana: Perspektif KUHP Nasional dan Perbandingan

The aim of this article is to examine the function of amicus curiae in the criminal justice system. To analyse this issue, this article uses normative legal research method and two approaches, namely the statutes approach and the comparative approach with the current regulations concerning amicus curiae in The United States of America. This article argues that in the National Criminal Code regime, amicus curiae will increasingly occupy an important and central position. This argument can be seen at least from the formulation of the Article 12 paragraph 2, Article 35, and Article 54. In all of these aspects, the values and sense of justice of the community are important for judges to consider. In this case, amicus curiae plays an important role to show how the community assesses the criminal case being tried. By conducting a comparative study with the regulation of amicus curiae in the United States, this article proposes three aspects to be considered in regulating the implementation of amicus curiae in Indonesia. These three aspects include the affirmation of the position of amicus curiae in Indonesian criminal procedure law, the regulation of the substance of amicus curiae, and the procedure for submitting amicus curiae to the Court.

Justice for Children: Exploring Juvenile Criminal Law in Indonesia

AJuvenile justice is a significant aspect of any criminal justice system, especially in countries where children's rights are enshrined in law. In Indonesia, the juvenile criminal justice system has evolved considerably, with a focus on rehabilitation and protection of the child’s welfare. This article delves into Indonesia's juvenile criminal laws, specifically Law No. 11 of 2012 on the Juvenile Criminal Justice System, which introduced a more restorative approach to dealing with child offenders. The paper explores how Indonesia balances punishment with rehabilitation, analyzing the effectiveness of this system compared to global standards. By examining case studies, legal frameworks, and rehabilitation programs, the study evaluates how well these laws serve the interests of both society and juvenile offenders. The article also discusses challenges such as inconsistencies in implementation, socio-economic disparities, and public perceptions of juvenile justice. Finally, recommendations are provided to enhance the efficiency and fairness of juvenile criminal law in Indonesia.

Enforcement of the Principle of Legality to Living Law as Legal Basis in the Positivism of Displacement Customary Law

Living law is an inseparable part of the Indonesian criminal law system. However, in perspective of legality principle, living law causing pros and cons. The idea of regulating the living law in Indonesian, as the basis for criminal prosecution, for unregulated act is still debated. The issue that will be analysed in this article is how to apply living law/adat law as a basis for prosecuting criminals related to the existence of legality principle and, how to measure the enforcement of living law in criminal process. Based on the analysis using the principle of legality, it can be concluded that living law, as basis for prosecution, is contrary to principle of legality and protection of human rights. The enactment of living law can potentially create legal uncertainty and abuse of power by the government. Law enforcement against living law is also difficult to implement, because it is tied to the four indicators. Therefore, the living law provision better not be placed as part of general principles in the Indonesian Penal Code Bill. Keywords: Code Bill: Legality principle; Living law.

Penelantaran Anak: Analisis Berdasarkan Hukum Pidana dan Hukum Pidana Islam

The main problem of this study is to analyze the crime of Child Neglect based on Criminal Law and Islamic Criminal Law. This study discusses the legal analysis of the form of the crime of child neglect, starting from the definition, risk factors, signs, and legal sanctions that regulate the crime of child neglect seen in the analysis of criminal law and Islamic criminal law. Research method: This study uses a qualitative method that examines the relationship between the variables studied and the hypotheses that can be tested. The type of research used in this study is normative law research, which uses normative case studies in the form of legal behavior products, such as reviewing laws. The subject of this study is law, which is conceptualized as a norm or rule. The approach used in this study is library research and the literature, which contains theoretical theories relevant to research problems, and shows that, First, in Indonesia's criminal law, the crime of child neglect is regulated by Child Protection Law Number 35 of 2014, where the perpetrator can be subject to prison sanctions and/or fines. Second, from the perspective of Islamic criminal law, child neglect is also seen as an act that violates Sharia, with sanctions that can include ta'zir punishment adjusted to the seriousness of the violation and the condition of the perpetrator.

Juridical Analysis of the Rechterlijk Pardon Concept Implementation in Ordinary Criminal Act Associated with the Non-Retroactive Principle in Indonesian Criminal Law

At first, the regulation of the concept of rechterlijk pardon in the provisions of Indonesian criminal law was inspired by a similar arrangement in the provisions of criminal law in the Netherlands. Where the purpose of the inclusion of the concept is to avoid the rigidity that has long occurred in the practice of administering criminal law there. Such reasons are also the reasons behind the inclusion of the concept of rechterlijk pardon in the provisions of Indonesian criminal law. Although it has been more than thirty years since the concept was first discussed, until now the concept of rechterlijk pardon has only been regulated in the provisions of article 54 paragraph (2) of the Draft Criminal Code and article 70 of the Juvenile Criminal Justice System Law. However, in the practice of examining ordinary criminal cases, it turns out that there have been several district court decisions that apply the concept of rechterlijk pardon in the consideration of their decisions, including the verdict of criminal case number 1038/Pid.B/LH/ 2019/PN Pbr, criminal case verdict number 52/Pid.B/2020/PN LBB, criminal case record number 1/Pid.C/2021/PN Ttn, and criminal case verdict number 8/Pid.B/2022/PN Rtg. Even though it is known that the criminal law Indonesia adheres to a non-retroactive principle that prohibits the enactment of a statutory provision before the provision is passed. Therefore, in this article, we will discuss further about the implementation of the concept of rechterlijk pardon in each criminal case decision, which is connected with the non-retroactive principle that applies in the provisions of Indonesian criminal law.

Legal Review of the Implementation of Restorative Justice in Criminal Acts of Assault and Banging in the South Jakarta Police Area

A criminal act is an act of a person of his own will or of another person carried out by him and the behavior is an act that is prohibited and at the same time gives rise to a criminal responsibility by the perpetrator of the act and the act itself. Every act of criminal abuse and assault results in physical, psychological, sexual and/or neglectful misery or suffering, including threats to commit acts. coercion or deprivation of liberty in an unlawful manner is a criminal act of abuse and assault. A person who commits a crime of allowing, committing, ordering to do, participating in committing violence against criminal acts of abuse and assault must still be responsible because a person cannot be held responsible and sentenced to a criminal offense if he does not commit a criminal act. To be further examined how the regulation of criminal acts of abuse and assault allows, orders to do or participates in committing violence, then based on Indonesian criminal law and how the criminal responsibility of children who commit the crime of allowing, ordering to do or participating in committing violence against criminal acts of abuse and assault. The research method used in this study is the normative legal research method, from the results of the study it was found that the regulation of criminal acts of children who allow, order or participate in committing violence, criminal acts of abuse and mob violence in Article 76C in conjunction with Article 80 of Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection and criminal responsibility of children who commit criminal acts of allowing, ordering or participating in committing violence against children to death by serving a maximum of half of the maximum prison sentence for adults as regulated in Paul 81 paragraph (2) of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. Clarifying the meaning of acts of violence in the KUI IP. Legislation, Government Regulations, Permenkumham and the Government must form legislation, government regulations, Permenkumham that are even stricter in providing sanctions for perpetrators of criminal acts of abuse and mob violence

Law Enforcement Against the Practice of Advertising Fraud in Indonesia: A Review from the Aspect of Indonesian Criminal Law

Advertising is used as a common marketing strategy by various companies and individuals to promote their products or services to potential consumers. However, it is not uncommon for advertising to contain illegal and fraudulent activities that can cause harm to users through misdirection. In the act of advertising fraud, it is necessary to analyze the application of articles in the Criminal Code (KUHP) which regulates the concept of concursus in criminal law. The purpose of this study is to explain, identify and analyze the applicable legal framework, penalties imposed and law enforcement against advertising fraud in terms of criminal aspects. This research uses a normative juridical method by using a statutory approach (state approach), case approach (case approach), comparative approach (comparative approach), conceptual approach (conceptual approach). Based on the results of the research, advertising that deceives and harms consumers is an illegal act known as fraud and can be subject to the provisions in Article 378 of the Criminal Code. Article 379 of the Criminal Code stipulates that if as a result of the fraudulent act, a person suffers a loss, then the perpetrator of fraud may be subject to a more severe punishment. The provisions in the Criminal Code are used to protect the public from acts of fraud, and are expected to reduce the incentives of individuals, groups or other parties to commit fraud and provide a deterrent effect for the perpetrators.

Kepastian Hukum Transaksi Dengan Menggunakan Mata Uang Dinar Dan Dirham Dalam Pendekatan Hukum Pidana Di Indonesia

Legal certainty related to transactions using Dinar and Dirham currencies in the criminal law approach in Indonesia. Based on Law No. 7 of 2011 on currency, Rupiah is the only legal tender in Indonesia. The use of currencies other than Rupiah, including dinars and dirhams, is not legally recognized and has the potential to violate criminal provisions, such as those related to fraud or forgery. However, this phenomenon also involves social and cultural dimensions, especially in communities based on sharia economics, where dinars and dirhams are considered as means of transaction that are more in line with Islamic principles of justice and ethics. Overly repressive law enforcement can generate resistance in society, so more inclusive legal reforms and adjustments are needed. By promoting dialogue and collaboration between policy makers, business actors, and the community, it is expected to create a legal system that is fair and responsive to social needs and is able to maintain legal stability in Indonesia . From the research results, the transfer of receivables by Cessie by the creditor in the event that the debtor fails to pay the third party mortgage guarantee does not comply with the applicable provisions as regulated in Article 613 of the Civil Code and Law of the Republic of Indonesia Number 4 of 1996 concerning Mortgage Rights. Form legal protection for third parties by filing a lawsuit before or during the execution process. The government, stakeholders and related parties are expected to make changes to Law of the Republic of Indonesia Number 4 of 1996 concerning Mortgage Rights over Land and Objects related to Land, by accommodating third party protection which is explicitly regulated in guaranteeing rights to land, these regulations do not clearly regulate the rights and obligations of third parties so they cannot provide legal protection for collateral owners. The results of this study that legal certainty related to transactions using dinars and dirhams, as done by Zaim Saidi, in the approach of Indonesian criminal law is a violation of Article 9 of Law No. 1 of 1946 on Criminal Law regulations in conjunction with Law No. 7 of 2011 on currency. Enforcement of these transactions can be carried out through the application of criminal sanctions, since the use of currencies other than Rupiah for payment purposes is not justified by law. In addition, the low legal awareness of the public in using the Rupiah as a legal tender also became an important factor in this case.

UNRAVELING JUSTICE: THE EVOLVING LANDSCAPE OF CRIMINAL LAW IN THE MODERN ERA

This study investigates the evolution of criminal law in Indonesia, focusing on the impact of technological advancements, social shifts, and political changes on the justice system. Utilizing a qualitative research design, including in-depth interviews with legal experts and practitioners, as well as comprehensive document analysis, the research reveals significant trends and patterns in recent legal reforms. Findings indicate that the introduction of procedural standards, such as those outlined in Regulation No. 6 of 2019, has enhanced the transparency and efficiency of criminal investigations. Additionally, the shift towards rehabilitative and restorative justice approaches reflects changing societal attitudes towards crime and punishment. However, challenges persist in fully implementing these reforms and integrating technological advancements into existing legal frameworks. The study concludes that while these reforms contribute positively to the justice system, further research is needed to assess their long-term impacts and practical applications. Recommendations for future research include examining the effectiveness of restorative justice practices and the integration of emerging technologies. For legal practitioners, adapting to these changes and incorporating new technologies and rehabilitative approaches into legal practice are crucial for improving justice outcomes. This research provides valuable insights into the ongoing transformation of criminal law and offers guidance for both scholarly inquiry and practical application in the field of criminal justice.

THEFT PUNISHMENT IN ISLAMIC LAW AND INDONESIAN CRIMINAL LAW: INITIATIVE FOR HARMONIZATION FROM THE PERSPECTIVE OF SHARUR’S BOUNDARY THEORY

This study seeks to find a formula on how Islamic law contributes to Indonesian criminal law reform, particularly in the imposition of theft, by utilizing Sharur's Boundary Theory (Naẓariyyah al-Ḥudūd). This field of research is considered imperative because the implementation of Supreme Court Regulation Number 2 of 2012 concerning Adjustments to the Limits on Misdemeanor Crimes and the Number of Fines in the Criminal Code (Misdemeanor Crimes) is felt to have not been maximized. This study uses normative juridical research methods, with descriptive-qualitative analysis. It can be deducted from this study that the theory of the boundaries of the ijtihad area determines the punishment in Islamic. The punishment for the crime of theft, the amputation of the hands mentioned in the Qur'an, is the maximum form of punishment. Thus, it is possible that there are punishment in other forms that fall under the category of cutting off one's hand, based on several verses of the Qur’an, including in Al-Māʾidah 5:38, al-Isrāʾ 17:33, al-Baqarah 2:178, and al-Nisāʾ 4:92. Even though this opinion may raise objections, for the purposes of reforming Indonesian Criminal Law, it is suggested that this opinion is still relevant for consideration. The study emphasizes the significance of understanding and considering Sharur's boundary theory for judges to make informed decisions in Sentencing.

PERLUKAH KRIMINALISASI TERHADAP PERILAKU AMORAL? PERDEBATAN PATRICK DEVLIN DAN H.L.A. HART

The famous debate in the mid-20th century between Patrik Devlin and H.L.A. Hart about the relationship between law and morality in discussing the limits of criminal law in matters of individual behaviour that are considered contrary to public morality, a debate which was sparked by the Report of the Wolfenden Committee on Homosexual Offenses and Prostitution (The 1957 Report of the Wolfenden Committee on Homosexual Offense and Prostitution) for decriminalize private male homosexual activity. Although the focus of the initial debate was limited by the framework of the debate about criminal law in general and homosexual offenses in particular with the harm principle from John Stuart Mill to illustrate the sharp distinction between law and morality and a static conception of the relationship between the two, this article seeks to explore how Devlin developed the application of moral standards in areas of law other than criminal law. Regarding the debate between the two thinkers, the author will decontextualize the debate within the framework of enforcing Indonesian criminal law against sexually immoral behaviour.

The Position of the Principle of Legality in Law No. 1 of 2023 for the Development of Criminal Law in Indonesia

The Position of the Principle of Legality in Law No. 1 of 2023 for the Development of Criminal Law in Indonesia

Eksternalisasi Penerapan Hukuman Mati Terorisme dalam Perspektif Pidana Islam: Studi Komparasi Indonesia dan Mesir

As part of the global community, the death penalty for terrorism should ideally comply with international standards that respect human rights and justice. However, in Indonesia and Egypt, the implementation of the death penalty is often influenced by external and internal factors that deviate from these principles. This study aims to analyze how externalization affects the implementation of the death penalty for terrorism from the perspective of Islamic criminal law in Indonesia and Egypt. This article is classified as library research with a qualitative approach. The methodology used is a comparative study explained through descriptive analysis. The findings show that both countries are influenced by external pressures, with Indonesia experiencing tension between national policies and international standards, while Egypt struggles to balance Sharia principles with global demands. Although there are similarities in the impact of externalization, differences in implementation reflect the diversity of responses to international pressure within the context of Islamic criminal law.

Human Rights Violations and Corporate Criminal Liability: An Analysis of the New Indonesian Criminal Law

Human Rights Violations and Corporate Criminal Liability: An Analysis of the New Indonesian Criminal Law

Application of the Status of Justice Collaborator in the Criminal Justice System in Indonesia (Case Study: Decision of Central Jakarta District Court Number 41/Pid.sus/TPK/ 2017/PN. JKT)

In Indonesian criminal law, the status of a Perpetrator Witness (Justice Collaborator) has significant legal consequences. With the entry of this Justice Collaborator regulation, the threat of criminal punishment will be less effective against perpetrators of serious crimes. This will make it more difficult to identify the main perpetrators in cases of crimes committed together, and will be a new strategy to avoid the threat of high punishment because the status of a Justice Collaborator is guaranteed to get leniency for serious crimes committed. The enactment of the regulation on the status of Justice Collaborator in corruption criminal justice which provides a guarantee of a reduction in punishment for perpetrator witnesses is seen as very counterproductive with a very high criminal threat for corruption perpetrators as perpetrators of certain crimes (serious crimes). Most people in Indonesia even strongly agree that the criminal threat for the perpetrators of corruption crimes is the death penalty, so great are the hopes of people who want no more corruption crimes that are very detrimental to the state and the people of Indonesia.

Evektivitas Sanksi Pidana Terhadap Praktik Pengganda Uang

The practice of money multipliers is a common phenomenon in Indonesia. This practice exploits public trust to achieve personal gain. The negative effects of this practice include financial loss and exploitation. Indonesian criminal law has regulated fraud and embezzlement, which can be applied to ensnare money multiplier shamans. However, the effectiveness of criminal law in overcoming this practice is still questionable. However, the effectiveness of criminal law in dealing with this practice is still unclear. This study aims to analyze the effectiveness of criminal law on the practice of money multiplier shamans. This study uses a normative legal analysis method using a doctrinal and empirical approach. The results of the study indicate that criminal law has the potential to be an effective instrument in overcoming the practice of money multiplier shamans. However, there are several factors that can hinder the effectiveness of criminal law, such as Lack of public awareness of criminal law, Difficulty in proof. To increase the effectiveness of the law in responding to money multiplier practices, steps are needed such as increasing public awareness of the law, increasing the capacity of law enforcement officers, and strengthening the law enforcement system.

Sanksi Hukum Pidana Terhadap Pelaku dan Perlindungan Hukum bagi Korban Investasi Bodong

The problem that the author wants to look at is what are the criminal sanctions for perpetrators of fraudulent investments and what are the legal protections for victims of fraudulent investments according to Indonesian criminal law. The application of legal sanctions for perpetrators of online investment fraud has not been explicitly regulated in a special law which can provide criminal penalties for perpetrators but is regulated in the Criminal Code Article 372 with a maximum prison sentence of four years or a maximum fine of nine hundred. rupiah, and Article 378 with a maximum prison sentence of 4 years. This research focuses on criminal cases of investment fraud. The main weakness in the legal sector for victims of fraudulent investments is the problem of legal uncertainty. This legal vacuum can result in the effectiveness and optimization of protection for victims of fraudulent investments not being optimal. The fact is that there is still a legal gap that perpetrators of fraudulent investments often escape heavy sanctions. To provide valuable results, the research methodology in this article uses normative juridical analysis, which is one of the methods and techniques of social science analysis. In this regard, normative juridical research is only based on document research using secondary data consisting of statutory regulations, court decisions, legal theory and royalties. The purpose of this research is to provide a discussion regarding the implementation of legal actions in current cases. So, through this research, it can be seen that law according to its function can play a role in resolving several criminal cases in Indonesia, such as the fraudulent investments that the author discusses.

The Legal Position of Corporate Crime in Indonesia

In the context of Indonesian criminal law, legal subjects extend beyond humans or individuals to include legal entities or corporations. Corporations, as legal entities that can be held accountable for their actions, are subject to a range of legal frameworks, including those outlined in various laws such as Law No. 7 Drt. Year 1955 concerning Investigation, Prosecution and Trial of Economic Crimes, Law No. 31 Year 1999 as amended by Law No. 20 Year 2001 concerning Amendments to Law No. 31 Year 1999 concerning Eradication of Crimes, Law No. 9 Year 2013 concerning Prevention and Eradication of Criminal Acts of Terrorism Financing, Law No. 31 Year 1999 concerning Corruption Eradication, Law No. 41 Year 1999 concerning Forestry and others. Criminalizing corporations differs from criminalizing individuals due to the inherently distinct nature of corporations, which is not subject to the same legal principles as individuals within the criminal law. While certain forms of punishment can be imposed upon people, they are not applicable to corporations; for example, imprisonment and death penalty. Therefore, it is necessary to impose an appropriate form of punishment on corporations in order to achieve the objectives of criminalization. Accordingly, a variety of sanctions exist that are regulated by several different laws, including probation sanctions, equity fines, diversion to alternative sanctions, supplemental sanctions, community service sanctions, the authority of external legal entities, and the requirement to purchase shares.