Indonesian Criminal Law Research Articles

The concept of reasons for eliminating corporate crime in criminal law in Indonesia

Following Indonesian criminal law, courts may not find defendants or offenders guilty for various grounds known as illegal abolition reasons. There are two justifications and grounds for forgiveness for abolishing crimes under the Indonesian Criminal Code. The justification for abolishing this punishment is solely applicable to human legal subjects. Contrarily, despite being acknowledged as criminal law subjects, legal entities, in this case companies, have not been subject to severe regulation. This study attempts to gain a general understanding of and examine the causes of corporate criminal offenses under Indonesian criminal law. A statutory approach and a conceptual approach are used in the research method, which is normative juridical. These approaches are then examined utilizing secondary data and qualitative data analysis techniques. The study's findings demonstrate that the justifications can cover corporate law topics for criminal write-offs. Due to the legal ramifications of classifying companies as criminal law subjects, the justifications for criminal write-offs also apply mutatis mutandis to concerns involving people. The reasons for outlawing the crime in Article 50 of the Draft Criminal Code have been considered. Still, related to the reasons for pardoning as outlined in the article, they do not correspond to the features of corporations. In this study, the authors develop the idea of justifications that adhere to the theory and characteristics of corporations, such as the corporation does not receive profits, acts committed by agents outside of the authority granted by the corporation, and the corporation has complied with its obligations to prevent corporate crime from occurring.

Understanding Death Punishment: Historical Perspective, Justification, and Critical Analysis

Debatable of the death penalty based on the issues of justice, humanity, and the prevention of the possibility of crime. The reasons for the rejection of the death penalty are not justified in the view of life as well as humanitarian factors and the imposition of capital punishment will not be capable of preventing crime and reducing crime rates. But for those who agree with the imposition of capital punishment because of the sense of justice and peace that is in the community. The portrait is just a glance at the issues that colored the discourse on the pros and cons of the existence of capital punishment. The retentionist and the abolitionist against the death penalty have an argument based on his theoretical framework and norms. Indonesia as one of the countries with the European Continental legal system still applies the death penalty in the punishment system besides Saudi Arabia with qhisash which is applied in the Islamic Law system. Both countries have a legal standing built on the meta norms, their theories, and philosophies each, of course, has its urgency to be discussed in the middle of countries that condemn the existence of capital punishment. Here's an article that analyzes comparative relations to the applications of the death penalty in both countries that embrace different legal systems, this comparative study will contribute thoughts on the reforms of criminal law in Indonesia.

Juridical Study of Article 43a in Amending Law Number 5 of 2018 Concerning Criminal Acts of Terrorism in Pre-Emptive Strike Policy

Finding out the effects of terrorist activities in Indonesia and the application of Law Number 5 of 2018 concerning Criminal activities of Terrorism Article 43A Against Strike Pre-Emptive Policies are the goals of the research. The research approach used is normative juridical, meaning that it is based on the primary legal literature and is carried out by looking at relevant laws, regulations, theories, and conceptions. Examining Law Number 5 of 2018 concerning Amendments to Law 15 of 2003 concerning the Eradication of Criminal Acts of Terrorism is the goal of the study. The amendment to Article 43A, which inserts and reads in the framework of dealing with Criminal Acts of Terrorism, contains dangerous articles. It is unclear what is meant by countermeasures, every certain person, allegedly brought or placed and a certain place. These are the results of the discussion in Law Number 5 of 2018 concerning Amendments to Law 15 of 2003 concerning the Eradication of Criminal Acts of Terrorism. None of these arrangements can be found in the current Indonesian criminal procedural law. The conclusion is that acts of terrorism have a significant impact on the community. They are not things, but rather frequent victims of Second Life. The preceding text makes it evident how many lives were lost in the blast. These fresh impacts originate from people's personal experiences. Acts of terrorism on a larger scale actually have an impact on many things, and that is a matter of life and death for people and the nation. This loss and threat can be explained from seven aspects/fields, namely defense and security, ideology, politics, economy, society, education, and religious relations. Related to article 43A regarding the prevention of Terrorism Crime, pre-emptive efforts are needed.

Tindak Pidana Penganiayaan Sebagaimana Diatur dan Diancam Pidana Dalam Pasal 351 ayat 1 KUHP (Studi Putusan PN Medan Nomor 1621/Pid.B/2023/PN Mdn

One of the most common crimes in society is child abuse. Article 351 paragraph (1) of the Penal Code (KUHP) regulates and threatens criminal offenses in Indonesian criminal law. Medan District Court Decision No. 1621/Pid.B/2023/PN Mdn, regarding criminal abuses, will be discussed in this article. This study analyzes events and court decisions. Research methods include analysis of court decisions and legal analysis of criminal behavior. Research results show that, according to the provisions of the Penal Code, abuse crimes can be classified into many types, including general abuse, mild abuse, intentional abuse and severe abuse. Important. Preventive and repressive measures are necessary to combat criminal acts. Criminal law is used to solve problems in society, while non-criminal methods focus on prevention. To bring justice to victims and all parties involved, law enforcement must understand the behavioral factors associated with criminal abuse. 

Interpreting The Expansion of The Principles of Legality in The New Criminal Code and Its implications for Legal Certainty in The Progressive Legal Perspective

In the Law of the Republic of Indonesia Number 1 of 2023 concerning the Criminal Code, the principle of legality is formulated differently from the basic idea of the colonial one. The Indonesian criminal law system adheres to the principle of legality with a prohibition on the use of analogical legal interpretation. The question is, what about our new Criminal Code? In this study, the type of legal research used was a sociological juridical approach. Primary data was obtained from data sources in the field. Secondary data was obtained from primary legal material of Law of the Republic of Indonesia Number 1 of 2023 concerning the Criminal Code and related laws and regulations, as well as from books and other legal research journals. Reforming criminal law with a balance between formal legality and material legality is expected to create a criminal system that considers justice and legal benefits in addition to legal certainty. Based on the findings, this can be concluded. The concept of balance as the basic idea of reforming criminal law in Indonesia is in accordance with the ideals of law and the character of the Indonesian who places a balance between individual interests and social interests, the state law and living law in society, as well as formal legality and material legality, so that the values shared by the Indonesian people as mandated by Pancasila can be implemented in a just law enforcement.

Application of Additional Criminal Punishment of Dismissal from Military Service Against TNI Soldiers Proven to Commit the Crime of Same-Sex Indecency

The phenomenon of LGBT groups is not only endemic in society within the TNI has also been some who joined the LGBT group where this group has damaged the identity of a firm attitude, discipline and soul sapta marga a faded due to LGBT groups. How is the regulation of same-sex immoral crimes (homosexual) in Indonesian criminal law? And How is the application of additional punishment of dismissal from military service against TNI Soldiers who are proven to have committed same-sex immoral crimes (homosexual) based on the legal considerations of the Judges in the Military Court Decision III-12 Surabaya Number 24-K / PM.III-12 / AD / II / 2020? The Regulation of Same-Sex Indecent Crimes (Homosexual) in Indonesian Criminal Law, there are differences in the regulation of same-sex indecent crimes between the old Criminal Code and the new Criminal Code. Where in the old Criminal Code, there was a disparity related to the age of the perpetrators of same-sex immoral crimes. Whereas in the new Criminal Code it is no longer regulated related to age. The application of additional punishment of dismissal from military service against TNI Soldiers who are proven to have committed same-sex immoral crimes (homosexual) is in accordance with applicable law. Because same-sex immoral acts are serious crimes, the defendant is given an additional sanction in the form of dismissal. This research uses the research method of Normative Juridical research method with secondary data consisting of premier, secondary and tertiary legal materials. Arrangement of Same-Sex Indecent Crimes (Homosexual) in Indonesian Criminal Law, there is no explicit prohibition in the Criminal Code related to indecent acts (homosexual) and not in accordance with the norms of decency, because same-sex indecent crimes are not prosecuted except on complaints, even though homosexual crimes have violated the norms of decency, and arrangements should be made related to the prohibition of homosexuality in the law. The application of additional punishment of dismissal from military service against TNI soldiers who are proven to have committed same-sex immoral crimes (homosexual) needs to be socialized so that soldiers are careful in maintaining their actions so that the honor of TNI soldiers is maintained.

The Concept Of Criminalization Of Prostitution As A Legal Instrument For The Renewal Of Indonesian Criminal Law

Prostitution is the activity of sexual intercourse for livelihood, there are several goals to be obtained, such as money, goods or gifts and also the satisfaction of inner desires so that it includes not only copulation but some to be achieved or owned. Prostitution activities are included in the form of sexual deviance, which deviate from the social, religious, polite and moral values of the Indonesian nation. In other words, it also injures or abuses the values contained in Pancasila. Therefore, the urgency of criminialization in prostitution in the current Indonesian criminal law and the concept of criminalization of prostitution in the context of renewing Indonesian criminal law. This research uses a normative type of legal research. The urgency of criminialization in prostitution in Indonesian criminal law can be seen in four foundations, namely philosophical, juridical, sociological, and human rights foundations. Regulations on the practice of prostitution as a criminal act or against materril law currently in Indonesian criminal law still do not reflect the principle of justice and the principle of expediency.

Tindak Pidana Penipuan dalam Media Jual Beli Online

The formulation of this research is the regulation of criminal law for fraud in online buying and selling and forms of criminal liability for fraudulent acts of online buying and selling in Indonesia. This type of research is normative juridical. The approach of this research is the statute approach, and the conceptual approach. Research legal materials include primary, secondary, and non-legal materials. The analysis of legal materials uses a qualitative and comprehensive analysis. The results of the study state that 1) the regulation of criminal law in Indonesia, the crime of buying and selling fraud committed online is contained in Article 28 Paragraph (1) of the ITE Law, but this article is specifically used for online fraud crimes which have characteristics only in buying and selling activities. online, while Article 378 of the Criminal Code can only be used to take action against perpetrators of conventional fraud crimes, 2) a form of criminal responsibility for perpetrators of online buying and selling fraud, namely criminal sanctions based on Article 45 paragraph 2 of the ITE Law.

Pengaturan Pidana Tutupan Bagi Pelaku Tindak Pidana Politik: Tepatkah?

Undisclosed punishment is one of the primary penal sanctions in the Indonesian criminal law system. Criminals are imposed on perpetrators who commit criminal acts because they are driven by "respectable purpose". The element of "respectable purpose refers to political crimes. Thus, technically, convicts who are closed are given privileges compared to those convicted in prison. On the other hand, political crimes are highly destructive because they endanger the legitimate government and therefore endanger the security and peace of society. This paper seeks to examine whether undisclosed punishment is appropriate for perpetrators of political crimes. This issue is studied through a legal research method that is normative by nature with statutory and conceptual approaches. Therefore, the sources of this research are legal norms and legal doctrine which are analysed by the literature review method. Through the legal research conducted, it can be concluded that the disclosed punishment is no longer relevant for perpetrators of political crimes because the privileges given to convicts of covertness are contradictory to the destructive nature of political crimes. In addition, the aim of social defense by criminal law will be more effectively realized by making the deterrence effect more effective, considering that political crimes are very destructive to the state and government. The author’s suggestion is that the disclosed punishment no longer needs to be regulated in Indonesian criminal law, especially the National Criminal Code.

Kriminalisasi dan Reformulasi Perbuatan Prostitusi dalam Hukum Pidana: Catatan Kritis atas Minimnya Pengaturan Perbuatan Prostitusi Di Indonesia

The practice of prostitution, which grew rapidly and massively through electronic means of information dissemination, impacted various groups. The worst impact of the massive practice of prostitution was the spread of sexually transmitted diseases, which adversely affect the health of both individuals directly involved in prostitution and those whose partners engage in such activities. This study aims to find out the regulation of prostitution within the current Indonesian criminal law and to provide an overview for legislators in the formation of prostitution regulations in the future. Furthermore, it needs to elucidate the reasons behind the necessity of regulating prostitution in Indonesia. The research method employed was legal research of a normative type. This research using secondary data obtained through library research and studies of laws and regulations. The analytical method used in this study was a prescriptive analytical technique. The results of this study revealed that currently there were no regulations governing the practice of prostitution in Indonesia rigidly and clearly. Therefore, it is necessary to criminalize and reformulate the offense of prostitution in Indonesian Criminal Law to avoid the effects arising from the act of prostitution that cause potential victims due to the spread of sexually transmitted diseases.

The Meaning of the Principle of Material Legality in the Reform of Indonesian Criminal Law

The principle of legality is a very important principle in criminal law. The principle of legality plays an important role in the enactment of material criminal law rules and is the basis for the validity of acts categorized as criminal acts. The purpose of this study is to determine the meaning of the principle of material legality in the reform of Indonesian criminal law. This article was prepared using the normative legal research method. The results showed that the reform of criminal law with the enactment of Law Number 1 Year 2023 on the Criminal Code did not only change the formulation of the principle of legality substantially, but changed the formal principle of legality which was originally far from the sense of public justice, expanded into a material principle of legality that better guarantees the sense of public justice. This article will discuss the material legality principle as a renewal of the formal legality principle, which aims to expand the reach of the legality principle in providing protection to the community from the negative consequences of criminal acts.

Defamation and Insult Via Digital Media in Indonesia: The Islamic Law and Human Rights Perspective

Purpose: In this research, normatively and practically, insults and defamation tested the standard limits of freedom of speech as a form of freedom of expression. Theoretical framework: Each individual has an obligation to exercise their human rights and to recognize and protect the human rights of others. No entity, whether it be the government, groups, or individuals, has the authorization to infringe on the rights of others. Method: The research method used in this research was normative juridical research that refers to the norms and principles of law regulating criminal acts of insult and or defamation via digital media. Conclusions: In principle, the regulation of criminal acts of insult and or defamation via digital media is based on human rights. However, the regulation in the Indonesian Criminal Code and Law Number 11 of 2008 on Electronic Information and Transactions may not be an appropriate for controlling information containing insults and/or defamation in information technology. In Islamic law, respect for human beings is a fundamental right and universal freedom is an integral part of Islam. Research Implications: In the context of a democracy, freedom of expression is a right, the use of which can be restricted by the state. Insults and defamation through speech and expression can harm an individual's reputation, which is considered one of their fundamental rights that demands protection and respect. Originality/value: Human dignity has a high position in the core values of Islam. It is because Islam does not allow for the degradation of an individual's dignity through insult or defamation.

THE ROLE OF THE POLICE IN EFFORTS TO HANDLE CAROK IN THE TRADITION OF CONFLICT RESOLUTION IN BANGKALAN COMMUNITIES IN MADURA (CASE STUDY IN BANGKALAN POLRES, MADURA)

Indonesia is a country that upholds the principle of the rule of law. State law is something that must be obeyed by everyone without exception. But in the existing reality, state law, especially criminal law, is not enforced on an indigenous community because society has made an existing tradition a law or regulation that is used as an effort to solve problems even though this tradition conflicts with Indonesian criminal law. The Criminal Code (KUHP) is a guide in resolving conflicts that exist in people's lives. In this case, the role of the police as law enforcement officers must be maximized and synergize with the community so that they can adapt to existing traditions in society which in the future are expected to be able to provide a middle way for a conflict between public law, namely criminal law and traditions still held by some circles of society.

REFORMASI HUKUM PIDANA: SUATU KAJIAN YURIDIS TERHADAP PEMBUKTIAN TINDAK PIDANA SANTET DALAM KUHP BARU

The purpose of this study is to clarify the concept of witchcraft crimes in Indonesia's positive law and the method of proving witchcraft crimes in Indonesia's criminal law reform. The research method used in this study is the normative legal research method, which is derived from the legal literature and is also referred to as doctrinal legal research. Examining the problem of witchcraft means examining a deeper legal issue: how the criminal law policy regarding the criminal act of witchcraft proves that witchcraft is a supernatural act. A formal and rational legal system only tries to capture external actions that can be known empirically and their cause-and-effect relationships proven. In the provisions of the Old Criminal Code in Indonesia, the criminalization of acts of black magic can be seen in Articles 545 to 547. Subsequently, there was a criminal law reform where the regulation of black magic offenses was located in Article 252, the proof of which was only based on the confession of the perpetrator of a criminal act who used supernatural powers. It is predicted that the application of the black magic offense will not be effective in the criminal justice process because it needs to be seen from the perspective of the effectiveness of the legal substance, where the evidence must be reasonable (logical) and acceptable to the five senses in order to find a bright spot in the commission of the black magic crime.

Sekstorsi Sebagai Tindak Pidana Kekerasan Seksual Berbasis Elektronik dalam Sistem Hukum di Indonesia

Sextortion as part of Cyber Gender-Based Violence (KBGS) is a cybercrime that often occurs today. Sextortion is carried out by extorting or exploiting the victim materially or sexually by utilizing the victim's pornographic content. Prior to the promulgation of Law Number 12 of 2022 concerning Crimes of Sexual Violence (TPKS Law) on May 9 2022, the crime of sextortion was regulated separately and spread across several laws and regulations, where these regulations still had juridical weaknesses which led to overcoming sextortion crimes in Indonesia are not sufficient. This study discusses the form of sextortion arrangements in Indonesian criminal law. This research uses normative research methods with statutory and case approaches, with secondary data sources. The results of this study concluded that the forms of regulation of sextortion in Indonesian criminal law consist of criminal acts of decency, criminal acts of extortion, criminal acts of threats, criminal acts against the independence of others, criminal acts of pornography, and criminal acts of electronic-based sexual violence (KSBE). The existence of the TPKS Law has regulated formulations of sextortion crimes that are better and more comprehensive than formulations in the Criminal Code, the Pornography Law, and the ITE Law. The implementation of the TPKS Law is expected to be able to realize the prevention of sextortion crimes that reflect the values of justice and legal certainty.

Relation of Pancasila Morality on Law Enforcement Officials in Guarding Criminal Law Reform in Indonesia

This study aims to determine the form of the moral relation of Pancasila as Indonesia's legal ideology and law enforcers in guarding the reform of Indonesian criminal law. The conceptual approach was used as a basis for thinking to help answer the problem, and a qualitative analysis was carried out. The study results show that the reflection of Pancasila morality on criminal law enforcement officials in Indonesia is inspired to guide the use of their functions and powers as the primary basis of its morality. Criminal law enforcement officials with Pancasila moral insight can guard criminal law reform because of moral relations reflected in the integrity of criminal law enforcement officials. This study implies that it is necessary to optimize the realization of the integrity of law enforcement officials with Pancasila morality to realize the ideals of justice in enforcing Indonesian law. Pancasila morality can form the integrity of law enforcement officials in using their functions and authority to face the determination of other elements outside the law.

Pelaksanaan Restorative Justice di Tinjau dari Hukum Pidana yang Berlaku di Indonesia

Restorative justice is basically a concept to restore the impact of a crime. This concept emerged due to the inability of the previous concept to accommodate the interests of the victim. One application of restorative justice that has recently occurred is the case of the police attack carried out by a female student with the initials HFR. The formulation of the problem raised is how to implement restorative justice according to criminal law in Indonesia and whether it is appropriate to apply restorative justice in the case of: assault by an officer while on duty. This research uses normative research with the nature of descriptive analytical research using secondary data collected by the technique of literature study and analyzed by deductive logic. The results of the research show that the concept of restorative justice in Indonesia has been applied in all lines of law enforcement, starting from the juvenile justice system, the scope of general justice, the prosecutor's office, the police, regional regulations to the penitentiary. Even though the provisions stipulated by each institution are still not in accordance with the standards. In addition, the application of restorative justice in this assault case actually fulfills the requirements and eligibility to carry out restorative justice, but on the other hand, restorative justice is carried out only as a "peaceful" effort without any real form of accountability from the perpetrator to restore the loss and damage suffered by the victim.

Legal Paradox: Protection of Victims Taking the Law into Vigilantism

Widespread public ignorance about vigilante behavior has led to violent incidents in which individuals use violence as a means to vent their emotions on criminals they apprehend directly. Unfortunately, some victims have lost their lives due to these actions. This behavior can be equated with the crime of torture when viewed from the perspective of Indonesian criminal law, which does not have specific rules regarding vigilante acts. Due to anxiety and distrust of law enforcement agencies, vigilantism is becoming increasingly common. Through normative studies using both the old and newest Criminal Codes and other regulations as internal parameters, we can understand the seriousness of the government's role as a stakeholder in regulating society through the law. By combining various sociological approaches, research can thoroughly investigate the condition of society. The discussion begins with understanding the concept of vigilantism, legal protection, and legal assistance, forming a pattern of thinking about society, followed by an understanding of the rule of law that overshadows vigilante actions from both the perpetrator and victim's perspective. With the hope that basic individual rights are maintained in the Indonesian state with the Pancasila ideology, the law aims to establish public order with a general perspective to achieve the necessary justice. This requires understanding and support from all parties. In essence, future efforts must be preventive and repressive.

The Significance of Computer Forensics in Electronic Documents as Evidence in Criminal Law

Forensic science standards, no crime never leaves traces. Along with the emergence of cybercrime, a new type of evidence emerged as an expansion of conventional evidence in Indonesian criminal procedural law, namely electronic evidence as stated in the Law on Electronic Information or electronic documents whose authenticity can be guaranteed, but there is no further explanation. Further, what is the procedure for guaranteeing its authenticity? Based on this, not all electronic information or documents can be used as evidence. One branch of forensic science that is relevant to proving cybercrimes is computer forensics. The problem that arises is to what extent is the significance of computer forensics to guarantee electronic information or electronic documents as evidence. This article was based on legal research using a conceptual, statutory, and case approach. The result of this study is that computer forensics plays a significant role in the crime of illegal access to electronic devices because it is a tool in criminal procedural law that can be used to guarantee the authenticity of electronic information or electronic documents so that they can be accepted as evidence in court.How to cite item: Hardinanto, Aris, Barda Nawawi Arief, and Joko Setiyono. “The Significance of Computer Forensics in Electronic Documents as Evidence in Criminal Law.” Jurnal Cakrawala Hukum 14 no. 2 (2023):155-166. DOI: doi.org/10.26905/idjch.v14i2.10820.

Justice Collaborator in the Perspective of Indonesian Criminal Law

The determination of a justice collaborator is to expose and dismantle these organized criminal groups. This involves gathering information about the main actors behind the organized crimes, understanding the structure of these criminal organizations, and uncovering the activities, flow of funds, and records of these organized crimes. In this context, a justice collaborator plays a crucial role as a key to revealing criminal activities. The purpose of this research is to understand the legal provisions regarding the status of a justice collaborator in providing testimony in criminal cases and the legal protections afforded to them. Several references governing the requirements for someone to become a justice collaborator are outlined in the Supreme Court Circular Letter (SEMA) No. 4 of 2011 concerning treatment for Whistleblowers and Justice Collaborators, as well as Law No. 13 of 2006 concerning the protection of witnesses and victims, and other relevant legislation. The role of justice collaborator in assisting law enforcement is essential. The importance of legal protection for justice collaborators and special treatment and leniency in punishment becomes crucial to shed light on previously obscure criminal events. However, there is still no specific, clear, and definitive regulation regarding the establishment and procedural determination of a justice collaborator. Rules concerning the protection of justice collaborators should be detailed and clear since the cooperation of witness perpetrators is vital for the disclosure of crimes such as corruption, but their testimony can also expose them to significant risks that must be addressed for their protection.