Indonesian Criminal Law Research Articles

Determination of Age of Majority In Liability Juvenile Crime in Indonesian Criminal Law

In juvenile criminal cases, the age limit of children is of great importance, since this obligation to determine whether a suspect belongs to the category of children or not is related to the criminal liability of children. In discussing the extent to which a person can meaningfully be prosecuted as a child, it appears that many laws are inconsistent in their boundaries because they are motivated by the goals of each law. itself. In order to examine the purpose of this study, the purpose of this study is to examine the regulations for determining the age of consent for criminal responsibility of children in the current Indonesian criminal law. This research method uses normative legal research methods, a legal approach, a conceptual approach, a comparative approach and a case approach. The results of this study show that from the minimum age at which children can become important as adults, any legal act of a legal entity can become possible once they reach this legal capacity of adulthood. Aspects of legal protection in determining the age of consent in Indonesian criminal law are related to the criminal liability of children. The measure of a species' ability to assume responsibility can be derived from several factors, ranging from the age to the psychology of the perpetrator. After examining the facts, one can come to the conclusion that the age limit for adulthood, which is pluralism, may lead to ambiguity in determining when a person is declared of adulthood and held responsible for the crimes committed by him becomes

Confiscation Of Assets In Corruption Cases Without Court Decision Through Implementation Of Deponering (Case Set-Aside) (A Study In Legal Philosophy Stream)

The act of confiscation of assets is a solution to eradicate criminal acts of corruption which is used as a sanction against perpetrators of criminal acts of corruption in terms of efforts to return the proceeds of crime. The the study aims to examine legal issues related to the absence of regulations and/or norms regarding confiscation of assets without criminal prosecution which is not clearly regulated in Indonesian law and seeks solutions to the above problems in the process of reforming criminal law in Indonesia. Therefore, the title of the study is " confiscation of assets in corruption cases without court decision through implementation of deponering (case set-aside) (a study in legal philosophy stream)

Contradictions in The Implementation of The Death Crime in Indonesia: Fiqhi Jinayah's Perspective And Legal Renewal Policy National Crime

The death penalty is still a debate in society, not only in Indonesian society but also in several other countries. The pros and cons of implementing the death penalty are due to human rights issues that cannot be taken away by anyone, including the state. The death penalty in Indonesia is still applied, as stated in several statutory provisions, including Article 10 of the Criminal Code, which is still in force, the Law on Narcotics, the Law regarding the Eradication of Corruption Crimes, the Law on Terrorism Crimes, and several other regulatory provisions. The use of the death penalty as the main sanction in criminal law in Indonesia has given rise to legal polemics. This is because the Dutch WvS (Wet Book Van Strafrech), which was implemented in Indonesia in January 1918, was then inherited as the source of the Criminal Code that is currently in force. The contradictions in the application of the death penalty will be viewed from two perspectives, namely the perspective of Islamic criminal law (jinayah) and the reform of Indonesian criminal law. The purpose of the death penalty in Islamic criminal law is to protect religion, soul, mind, lineage, and property. In line with this, in the reform of the Indonesian criminal law, better known as the national criminal law, the death penalty is still one of several punishments applied to perpetrators of crimes.

Basic Considerations of Judges in Imposing Criminal Code Article 81 Paragraph 2 of the Child Protection Law Against Children Who Have Sexual Intercourse on the Basis of Consent

In this study, the author raises the issue of the basis of the judge's consideration in imposing punishment on children who commit Copulation on the basis of mutual consent. This is motivated because it is not clearly regulated in the Child Protection Law regarding the crime of sexual intercourse committed by a child if the sexual intercourse is carried out on the basis of mutual consent without any element of violence or persuasion from the perpetrator to the victim, causing a vacuum of norms. The formulation of this problem is How is the evidentiary arrangement of the case of sexual intercourse committed by a child on the basis of mutual consent in Indonesia and What is the basis for the judge's consideration in imposing a criminal decision based on Article 81 paragraph (2) of the Child Protection Law against children who have sexual intercourse on the basis of mutual consent. The objectives in this study are (1) To know and analyze the criminal proof of sexual intercourse committed by children on the basis of mutual consent in Indonesian criminal law enforcement. (2) To know and analyze the basis of the judge's consideration in handing down a verdict against minors who have consensual sexual intercourse. To analyze this problem, the theories that will be used as guidelines for analysis are the theory of evidence, the theory of justice, expediency and legal certainty. This type of research uses normative legal methods consisting of a statutory approach (statue approach), conceptual approach (conceptual approach) and case study approach (case law). The results of this study, the author concludes that the Child Protection Law does not recognize the term consensual because the position in child sexual intercourse against children who are consensual, children are seen in the position of victims. Although in the proof the act is done consensually or child fornication. The criminal regulation is regulated in Article 81 of Law Number 35 of 2014 concerning Child Protection

TINDAK PIDANA DAN BENTUK PERLINDUNGAN TERHADAP ANAK

Law enforcement against the crimes of sexual abuse and rape is fudamental in a state of law. The handling of sexual crimes against children in the Indonesian criminal law system is regulated in the Criminal Code and other provisions that specifically regulate sexual violence against children. The case of sexual abuse of 6 students committed by the head of an Islamic boarding school (ponpes) in Gunung Kencana sub-district, Lembak, Banten, is suspected of having molested and raped a number of students. In this study the author wants to examine what criminal offenses ensnare the perpetrators of the crime of sexual abuse and the forms of protection provided to child victims of criminal acts. The research used is nomative juridical research, namely through case studies through news and then linked to theories and existing laws and regulations. Criminal actions that can be imposed on MS perpetrators are Article 76D in conjunction with 81 and 76E in conjunction with 82 of the Child Protection Law with a minimum imprisonment of 5 years and a maximum of 15 years and plus one third and the form of protection provided to child victims of sexual violence crimes, namely assistance at every level of court, psychological assistance and education.

Perjudian Dalam Sudut Pandang Hukum Perdata

A person certainly has bad traits, one of the bad traits is that in the case of gambling, psychologically he is more afraid of the reality that will be faced when dealing with the police than of the punishment that will be imposed by the judge if he is caught in the act. Gambling according to Islamic law does not receive heavy sanctions such as intentional murder or adultery. Although gambling is still a sin for the perpetrators. The aim of this research is to compare the criminal provisions for gambling perpetrators in terms of positive Indonesian criminal law with Islamic criminal law. This research method is normative legal research, namely conducting a study of literature related to the research object. The criminal provisions for gambling players viewed from the positive criminal law aspect are that the criminal threat for online gambling players is heavier when compared to conventional gambling players. The criminal provisions for gambling perpetrators viewed from the aspect of Islamic law are that there are great sins and several benefits for humans, but the sins are greater than the benefits. At this time, everyone has the potential to gamble online. Thus, a special approach is needed from a religious perspective to prevent these unlawful acts

URGENSI RECHTERLIJK PARDON DALAM PEMBAHARUAN HUKUM PIDANA DI INDONESIA

This research discusses changes in Indonesian criminal law regarding legal forgiveness, as one type of decision in criminal cases. The journal aims to understand the urgency and purpose of studying the values of Pancasila that underlie the regulations and implementation of legal forgiveness. The research uses a normative juridical approach with a legislative and conceptual approach. The journal finds that judicial forgiveness is a manifestation of Pancasila values in the process of enforcing criminal law and is part of an effort to Indonesianize those regulations. Criminal law, which has hitherto been based on principles of colonial states.

Development of the Principle of Legality in Indonesian Criminal Law

Legality is the oldest principle of criminal law and is found in almost all national criminal laws worldwide. The existence of this principle is to protect citizens from the arbitrariness of the authorities. The principle of legality in criminal law has a central role in ensuring legal certainty for society because this principle requires the existence of written regulations regarding a criminal act to carry out a punishment. The aim is to understand the principles of legality according to criminal law in Indonesia. The research used normative juridical methods with data collection methods through a literature study. The principle of legality in Indonesian criminal law is a fundamental principle. The principle of legality in criminal law is essential to determine whether or not a criminal law regulation can treat a criminal act that has occurred. Applying the principle of good legality in national criminal law is not rigid, mainly to tackle crimes against human rights.

Harmonization of Indonesian Criminal Law Through the New Criminal Code Towards Humane Law

Objective: The material criminal law currently in effect in Indonesia is a criminal law inherited from the Dutch colonial era, promulgated by Law Number 1 of 1946, which is enforced in accordance with the principle of concordance, which means the application of existing laws in the Netherlands to Indonesia. The problem discussed in the research is How is Law 1/2023 on the Criminal Code harmonized which repeals the previous law? How does society respond to changes in the substance and type of punishment in the new Criminal Code.
 
 Method: The method used in the form of normative juridical with a descriptive analytical approach. The new Criminal Code consists of 2 (two) books, namely Book One and Book Two. Book One of the Criminal Code contains 205 articles which regulate starting from the scope of application of criminal statutory provisions; criminal acts and criminal liability; convictions, penalties and actions; the abolition of prosecutorial authority and criminal implementation.
 
 Result: The results concluded that the new Criminal Code regulates the application of unwritten laws such as customary law and customs, this would be contrary to the principle of "nullum delictum" which requires that a crime can be imposed if there is a law that first regulates it. The novelty of this research is the need to regulate what crimes can be resolved using unwritten law or customary law.
 
 Conclusion: The conclusion obtained is that there is not yet harmony between the principles and substance that regulate actions and the type of punishment that will be imposed and there are various disapproving responses from the public because the criminal regulations in the new KHUP are not yet harmonious. Hopefully a new regulation will be formed or a new Criminal Code will be revised to create a harmonization of criminal law in the future.

KEDUDUKAN HUKUM PIDANA ADAT DALAM HUKUM PIDANA INDONESIA

The development of Indonesian law is heading in a positive direction as evidence that law in Indonesia is a dynamic law, in the dynamism of Indonesian law, one form is Law Number 1 of 2023 concerning the Criminal Code, in which the Republic of Indonesia drafts provisions of Indonesian criminal law by using Indonesian culture and local wisdom as a spirit or soul in Indonesian law itself. Local wisdom is a local idea (local) that is wise, full of wisdom, good value, which is embedded and followed by community members. So that between the construction of national law and the concept of local wisdom is able to go together, legal harmonization becomes very important in the preparation and formulation of the contents in the New Penal Code Law, Article 66 paragraph (1) letter f which states that, Additional crimes as referred to in Article 64 point b consist of: f. fulfillment of local customary obligations."The article provides recognition of customary sanctions against perpetrators of criminal acts. Article 601 paragraph (1) which states that, "Any person who commits an act that according to law living in society is declared a prohibited act shall be threatened with a crime. Based on this, it is clear that the meaning of criminal acts is not only limited to those stated according to laws and regulations, but also based on customary criminal law. The article provides recognition of customary sanctions against perpetrators of criminal acts. Article 601 paragraph (1) which states that, "Any person who commits an act that according to law living in society is declared a prohibited act shall be threatened with a crime. Based on this, it is clear that the meaning of criminal acts is not only limited to those stated according to laws and regulations, but also based on customary criminal law.The article provides recognition of customary sanctions against perpetrators criminal.

Legal Protection for Children in Cases of Online Sexual Abuse: A Comparative Study

The advancement of technology has provided numerous benefits to society. However, they also proved to yield negative consequences, such as the increase in criminal activities, including online sexual offenses against children which adversely impact children around the world. Legal regulations in Indonesia are still not optimal and require improvements in order to provide better protection for children in Indonesia. In response to the high level of violence against children in Indonesia, President Joko Widodo issued the Presidential Regulation regarding the national strategy for the elimination of violence against children on July 15, 2022, which includes the provision of the policy, regulatory implementation, and law enforcement. To support the elimination of sexual violence against minors, this study seeks to provide ideas and concepts for improving Indonesia's criminal law. Employing a descriptive research design and a comparative legal research method, with the assistance of literature studies, the researchers drew comparisons of legal regulations and policies addressed to eradicate online sexual offenses against children between Indonesia, the United Kingdom, the Philippines, and Ghana. Based on the findings, this study formulates seven ways to improve legal protection for children against online sexual offenses in Indonesia through repressive and preventive means

ABORSI: ANTARA DIALEKTIKA MORAL DAN KEBIJAKAN HUKUM PIDANA INDONESIA

This research examines the moral and legal dialectics in viewing abortion as well as the construction of abortion policy in the Indonesian criminal law system after the passing of Law Number 1 of 2023 concerning the Criminal Code and Law Number 17 of 2023 concerning Health. The method used is a normative research method with a statutory and conceptual approach. The research results show that abortion cannot only be viewed in legal terms, but it is important to pay attention to moral aspects. Law is a law that is filled with morality so that it does not result in conflict between norms and society. Morality is the main source of law, especially in Indonesia which is based on Pancasila in all aspects of state life. Next, Indonesia's criminal law policy allows abortion under strict conditions, namely if the woman is a victim of a crime of rape or other crime of sexual violence that causes pregnancy, the gestational age does not exceed the permitted age, and/or has indications of a medical emergency. If the conditions are not met, then the perpetrator of the abortion, whether the main perpetrator, the participating perpetrator, and the person who assists in carrying out the abortion, can be punished

Identification of International Human Rights Principles in Indonesia’s New Criminal Code

Human rights have a broad dimension, but in practice in the domestic sphere (state practice) is often different. In fact, various universal human rights principles are clearly regulated in various international law regulations which have also been ratified into various laws. The reform of criminal law through Law Number 1 of 2023 concerning the Criminal Code also has a significant impact on Indonesia's criminal law enforcement paradigm which is more humanitarian-oriented and Pancasila values. This study aims to identify and analyze various international human rights norms in the Indonesian National Criminal Code. The method used in this study is in the form of a mixed method that combines normative juridical research with empirical data in the field. The projected results of this study are in the form of real data on the implementation of regulations related to the topic to be studied. The output of this research is in the form of articles published in accredited national journals.

CRITICAL REVIEW OF THE LEGAL REGULATION OF MICROTRANSACTION ‘GACHA’

Microtransactions are a type of small-scale financial transaction conducted online. With the advent of the internet, trading transactions no longer require direct interaction between the seller and the buyer, as everything is done through online platforms. One form of microtransaction found in games is gacha. The issue of microtransaction gacha arises due to their inherent gambling elements. However, there is a loophole in current criminal law in Indonesia where no specific regulation governs this issue. This research aims to compare the differences in the legal regulation of microtransaction gacha between national criminal law and Islamic criminal law. The research methodology employed is a comparative method with a literature review approach. The findings of this research indicate that there is no specific regulation in national criminal law that categorizes microtransaction gacha as prohibited acts under the law, whereas, in Islamic criminal law, microtransaction gacha fulfill the elements of gambling and are therefore considered haram (forbidden). Therefore it is important to establish a framework of criminal law that regulates gacha systems to minimize the impacts caused by microtransaction gacha.

The Crime of Corruption Codified in Law Number 1 of 2023

Objective: This research aims to analyze changes in criminal law, particularly in the context of corruption, within the new Criminal Code in Indonesia. It explores the reasons behind the rejection of certain provisions in the new Criminal Code, especially those related to the punishment for corruption offenses. Theoretical Framework: The theoretical framework of this research is rooted in the field of criminal law and legal reform. It considers the evolution of criminal law in response to societal needs and expectations. The study also examines the principle of proportionality in criminal sentencing, particularly concerning corruption offenses. Method: This research adopts a normative legal research approach, relying on an analysis of existing legal texts and previous studies related to criminal law in Indonesia. The primary data sources include statutory laws in Indonesia, while secondary data sources consist of scholarly works and legal analyses. Result and Conclusion: The findings of this research reveal that the rejection of the new Criminal Code is primarily due to the removal of specific articles related to corruption. In the new Code, corruption offenses are no longer categorized as extraordinary crimes but are treated as ordinary offenses, akin to theft. This shift has implications for law enforcement authorities, such as the police, the prosecutor's office, and the Corruption Eradication Commission, as it blurs the lines of their jurisdiction and responsibilities in addressing corruption. Originality/Value: This research contributes to the understanding of the legal changes brought about by the new Criminal Code in Indonesia, with a specific focus on corruption offenses. It highlights the concerns and implications of categorizing corruption as an ordinary offense, potentially impacting the effectiveness of anti-corruption efforts. The study's value lies in its ability to inform policymakers, legal practitioners, and scholars about the complexities surrounding criminal law reform and its consequences in the context of corruption.

Quo Vadis Corporate Crime Liability: Beyond Rule Reform and Future Prospect on Amending Criminal Code in Indonesia

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.

Kebijakan Pemberian Vonis Mati Atau Pidana Mati Yang Ada di dalam Kitab Undang Undang Hukum Pidana Ditinjau Dari Formulasi Perspektif Pembaharuan Undang-Undang No 1 Tahun 2023 Tentang Kitab Undang-Undang Hukum Pidana

Capital punishment is a compelling and expansive type of discipline, and the discussion about the upsides and downsides of the death penalty go on today. The question of whether the death penalty should be retained in the Criminal Code or abolished in the justice system is inseparable from Indonesia's reform of criminal law, particularly through the creation of the Criminal Code. Despite the fact that its nature differs from that outlined in the Criminal Code, Indonesia will continue to use the death penalty, as evidenced by the Criminal Code Bill, which contains the death penalty. The purpose of this research is to identify the current legal formulation of death penalty policies in Indonesian criminal law and to examine the desired future legal formulation of death penalty policies in Indonesia. This study utilizes a subjective technique with a legitimate and administrative methodology as well as unmistakable scientific exploration details. According to the findings of this study, the death penalty is still regulated by Indonesian law as the primary form of punishment, resulting in disagreements between pro- and anti-death penalty groups. In the new version of Indonesian criminal law, change in death penalty policy, originally a principal punishment to become an alternative punishment . In the future, the death penalty will be a tangible expression of human rights that is in line with national and international perspectives.

The Construction of Social Work Criminal Sanctions in Indonesian Criminal Law

Social work criminal sanctions are one of the types of sanctions formulated in the New Criminal Code (NCC). Social work criminal sanctions are oriented towards providing a deterrent effect and educating convicts so that they do not repeat the crimes they have committed. This study focuses on the analysis of the construction of social work criminal sanctions in Indonesian criminal law. This type of research is normative legal research that emphasizes conceptual and statutory approaches. The results of the study show that the concept of the formulation of social work criminal sanctions in the NCC is actually based on the theory of punishment which is retributive in nature, namely it aims to provide a deterrent effect for perpetrators of criminal acts. Social work criminal sanctions in the NCC are also an implementation of an integrative punishment system that emphasizes the human dimension and is oriented towards making convicts part of society. The orientation of social work criminal sanctions in the NCC should be carried out while guaranteeing convicts' rights and community participation to oversee the implementation of social work criminal sanctions. Suggestions from this study are the need for guidelines and technical guidelines for the implementation of social work criminal sanctions so that they can guide law enforcement officials in carrying out social work criminal sanctions.

The Government's Responsibility in Providing Compensation and Restitution in the Perspective of the Legal Theory of Dignified Justice

Introduction: The principle of legal equality is one of the characteristics of a rule of law state, victims of criminal justice must receive guaranteed legal protection. The position of the victim in the criminal justice system is still neglected because Indonesian criminal law is still oriented towards the interests of the perpetrator (Offer Oriented). Existing compensation and restitution arrangements are not in favor of victims of criminal acts.Purposes of the Research: The purpose of this research is to analyze compensation and restitution in the perspective of the Legal Theory of Dignified Justice.Methods of the Research: The research method used is a normative approach based on the philosophy of Pancasila.Results of the Research: Compensation and restitution arrangements in positive law are still not synergized well, so it is necessary to make legal policies related to the implementation of restitution for victims of criminal acts based on the values and legal culture of society. In the perspective of the theory of an integrated criminal justice system, the disharmony of legal substance and the asymmetry of the legal structure must be addressed immediately. The government must be held responsible for criminal acts if it is unable to pay restitution to victims of criminal acts. There is a need to improve compensation and restitution arrangements so that they are more pro-victims of crime and in accordance with the values and legal culture of society.

Striking a Balance: Exploring Harmony in Indonesian Criminal Law and Islamic Jurisprudence

The long-established the Indonesian Criminal Code follows a liberal individual's tradition of Dutch criminal law that has always changed. The old criminal code is based on classical and neo-classical thinking, emphasising systematic criminal law structures and legal certainty. The basis of balance in the new criminal code is a response to a base that does not reflect the nation's values. For example, Pancasila is included as a foundation, including the value of the most exquisite element of divinity in its formulation. With the value of divinity, it is necessary to review from the perspective of religious teachings, including Islam. Islamic criminal law reflects the spirit of balance in the criminal provisions of hudud, qisas, and takzir. This article uses a comparative approach and a type of normative research. The results of the article show that the relevance of the primary balance in the new criminal code and Islamic Criminal Law is seen in several aspects, such as the relevancy of the pillar values of the balance in Pancasila, the relevancy of the fundamental balance of the mono-dualistic; the significance of the idea of a balance between the protection of victims and the individualization of criminals; and the fundamental relevance to the balance between formal and material criteria.Hukum pidana Indonesia yang sudah lama digunakan mengikuti tradisi individu bebas dari hukum pidana Belanda yang selalu berubah. Hukum Pidana lama didasarkan pada pemikiran klasik dan neo-klasik, menekankan struktur hukum pidana yang sistematis dan kepastian hukum. Dasar keseimbangan dalam Hukum Pidana baru adalah respons terhadap basis yang tidak mencerminkan nilai-nilai bangsa. Misalnya, Pancasila dimasukkan sebagai fondasi, termasuk nilai unsur ilahi yang paling indah dalam formulasinya. Dengan nilai ilahi, perlu untuk meninjau dari perspektif ajaran-ajaran agama, termasuk Islam. Hukum pidana Islam mencerminkan semangat keseimbangan dalam ketentuan pidana hudud, qisas, dan takzir. Artikel ini menggunakan pendekatan komparatif dan jenis penelitian normatif. Hasil penelitian menunjukkan bahwa relevansi keseimbangan primer dalam kode kriminal baru dan hukum pidana Islam terlihat dalam beberapa aspek, seperti relevansi nilai-nilai pilar keseimbangannya di Pancasila, relevansi ekuilibrasi fundamental mono-dualistik; pentingnya gagasan kestabilan antara perlindungan korban dan individualisasi penjahat; dan relevansi fundamental untuk kesequilibrasi kriteria formil dan materiil.