Ius Poenale
Ius Poenale is an international journal based in Lampung, Indonesia that is issued by the Faculty of Law-Universitas Lampung and aims to yield access to research to motivate studies and knowledge evolution. Ius Poenale is a medium of communication and the development of criminal law that covers on the criminal justice system, legal comparison, juvenile justice system, and fisheries court. To discuss these matters, the Ius Poenale journal provides research or conceptual studies on criminal law that specifically highlights criminology, victimology, and military court. Ius Poenale publishes two issues in a year, these issues are available both print and online. Ius Poenale provides articles in English.
Articles
43 Documents
<![CDATA[Legal Protection of Children as Commercial Sex Workers in Human Trafficking Crime ]]>
<![CDATA[Intan Syapriyani]]>
<![CDATA[ Ius Poenale Vol. 1 No. 2 (2020) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Lampung ]]>
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DOI: 10.25041/ip.v1i2.2040
<![CDATA[Child protection is any effort made to create conditions so that every child can carry out their rights and obligations for the development and growth of children naturally, physically, mentally and socially. Child protection activities bring legal consequences, both in relation to written law and unwritten law. But in Indonesia the enforcement of human rights does not seem to pay much attention to aspects of child protection. The high crime rate of child trafficking shows that the government's efforts to protect child protection are not yet serious. The research method used is a normative juridical approach. The data used in this paper is data obtained from library materials. The results of this study note that the form of protection provided by Law No. 35 of 2014 concerning Child Protection is stipulated in Article 68 which states that special protection for child victims of abduction, sale and / or trafficking is carried out through surveillance, protection, prevention efforts, care and rehabilitation. While the protection of children as victims of trafficking in persons, based on the law. Number 21 of 2007 concerning Eradication of Trafficking in Persons Crimes regulates the protection of witnesses and victims, criminal acts carried out under the Law. Number 13 of 2006 concerning Protection of Witnesses and Victims. The protection model based on Law Number 21 Year 2007 regarding PTPPO does not differentiate between children and adults. Victim witnesses and reporters in child cases must receive protection and legal assistance. The implementation of the Child Protection Act (UUPA) in Indonesia is still very difficult to be taken seriously and is still an obstacle. The reason is none other than the number of people who have become consumers or users of child sex worker services.]]>
<![CDATA[Continuous Criminal Accountability of Children as Perpetrators of Crimes of Decency ]]>
<![CDATA[Angga Hardiansyah]]>
<![CDATA[ Ius Poenale Vol. 1 No. 2 (2020) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Lampung ]]>
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DOI: 10.25041/ip.v1i2.2041
<![CDATA[Crimes committed by children today are increasingly diverse, one of which occurs in the jurisdiction of the Kalianda District Court, namely children as perpetrators of decency in the Decision on the Case of Number: 01/Pid.Sus-Anak/2015/PN.Kla. This research uses a normative and empirical juridical approach. The type of data used is primary data and secondary data. Primary data were obtained from interviews and secondary data sourced from literature study. The results showed that criminal liability against children as perpetrators of decency was continuously carried out with actions in the form of returning the Defendant to his parents to be nurtured and educated. The aim of criminal justice is to focus on the best interests of children integrated into the system and model of juvenile criminal justice, promoting integration into positive legal norms and the enforcement of child law. The purpose of punishment is not punishment, but improvement in conditions, care and protection of children. The basis for judges' legal considerations in imposing criminal sanctions is the prosecutor's indictment, the purpose of punishment, things that are lightening and burdensome, as well as applying several theories of legal objectives namely legal certainty, usefulness and legal justice. Suggestions in this study are that Judges should maximize the penalties imposed on each perpetrator of crimes against children, bearing in mind that crimes against children in Indonesia continue to increase so that this can be one of the judges' considerations in providing maximum crimes against perpetrators of moral offenses against children.]]>
<![CDATA[Legal Protection of Children as Witnesses in the Crime of Rape ]]>
<![CDATA[Erna Dewi]]>;
<![CDATA[Volanda Azis Saleh]]>
<![CDATA[ Ius Poenale Vol. 1 No. 1 (2020) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Lampung ]]>
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DOI: 10.25041/ip.v1i1.2042
<![CDATA[Legal protection for victim witnesses in the trial becomes an important issue that must be addressed. because in the field implementation there were not a few victims witnesses worried about giving their testimony at the trial because there was no legal certainty in the form of protection in the trial. The problem in writing this thesis is how is the legal protection of children as witnesses in cases of rape crimes? Why are there obstacles to the protection of children as witnesses in cases of rape crimes? This study uses a juridical normative and empirical approach. Normative research is done on things that are theoretical principles of law, while the empirical approach is done to study the law in fact in the field. Based on the results of the study, the legal protection of children who are witnesses in criminal cases against children who are victims in court cases can give their testimony without having tobe present when examining their cases in court, by using means related to video call or helping to uncover question that arises read out in court and Factors occur obstacles to the protection of children as witnesses in cases of first rape crimes, Factors of Witness and Victim Protection Agency that do not have representatives in the area and lack of socialization, Second Unregulated Form of Witness Protection in the Criminal Procedure Code so that witness protection does not get legal certainty. Third, the Cooperation between Witness and Victim Protection Institutions has not been effective with Law Enforcement Agencies. The suggestions that can be conveyed in this study should law enforcement should provide optimal protection to victims' witnesses until the threat and intimidation is completed on the victim. The government should immediately renew the Child Protection .Act and the Victim witness Protection Act concerning the form of protection for child witnesses as a victim who can provide his statement using telecommunications facilities in the form of video calls or acknowledge written witness statements and then read out in court.]]>
<![CDATA[Police Discretion in Traffic Criminal Cases Committed by Children ]]>
<![CDATA[Sylvia Claudia Agustina]]>;
<![CDATA[Heni Siswanto]]>;
<![CDATA[Nikmah Rosidah]]>
<![CDATA[ Ius Poenale Vol. 1 No. 2 (2020) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Lampung ]]>
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DOI: 10.25041/ip.v1i2.2049
<![CDATA[Traffic crimes committed by children generally occur because of negligence. The problem of this research is how the implementation of police discretion in traffic criminal cases committed by children and why there are obstacles in the implementation of police discretion in traffic criminal cases carried out by children. The problem approach in this study uses a normative juridical approach. Data collection is done by library research. Data were analyzed qualitatively to obtain research conclusions. The results showed that the implementation of police discretion in traffic criminal cases by children is a form of settlement of cases outside the court carried out with a peace process based on good faith between the parties involved in traffic accidents to pursue settlement in a family way. The settlement of a traffic accident case does not have to be a criminal punishment or the imposition of a criminal sanction, in this case based on the occurrence of an act, if it occurs due to negligence and error not on the suspect. Factors that impede the implementation of police discretion in traffic criminal cases committed by children are the limited number of members of the Metro Police Traffic Satlantas in handling traffic cases, incomplete data and information submitted by the perpetrators and victims involved in traffic criminal cases, so that the perpetrators and victims only provide data deemed not potentially detrimental to their party. Cultural Factors, namely the personal character of the offender, victim and his family who do not support the settlement of cases outside the court.]]>
<![CDATA[Criminal Liability in Transferring Fiduciary Security Objects With out the Consent of the Fiduciary ]]>
<![CDATA[Median Dwi Raharjo]]>
<![CDATA[ Ius Poenale Vol. 1 No. 2 (2020) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Lampung ]]>
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DOI: 10.25041/ip.v1i2.2050
<![CDATA[The concept of criminal offense related to the transfer of fiduciary objects by fiduciary givers without the approval of the fiduciary as stipulated in Article 36 of the Fiduciary Law is a dualistic matter, because the attachment between fiduciary givers and fiduciary recipients is based on civil law relations contained in the fiduciary agreement but on the other hand it is formulated as a criminal act. The problem in this study is how is the criminal responsibility of the fiduciary who diverts the object of fiduciary collateral without the consent of the fiduciary recipient? and what is the basis for the Judge's consideration in imposing a judgment on the fiduciary who diverts the object of fiduciary guarantee without the consent of the fiduciary recipient? This study uses a normative-empirical legal research approach. The data used are primary and secondary data. Data analysis is done using qualitative analysis. The results of this study. Fiduciary criminal liability that transfers the object of fiduciary collateral without written approval from the fiduciary recipient as referred to in the Number case decision. 43/Pid.B/2018/PN.Kbu is based on the mistake of the Defendant as the fiduciary giver which includes intentions or negligence, while the acts committed are prohibited and threatened with criminal acts. Furthermore, the mistakes made can be proven that the Defendant has the ability to account for his actions and there is no forgiving reason.]]>
<![CDATA[Policies to Overcome Judicial Mafia Practices within the Supreme Court ]]>
<![CDATA[Irhamy Tauhid]]>
<![CDATA[ Ius Poenale Vol. 1 No. 2 (2020) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Lampung ]]>
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DOI: 10.25041/ip.v1i2.2051
<![CDATA[The practice of law enforcement in Indonesia until now is still surrounded by various problems that keep the law away from its main purpose to provide justice, certainty, and benefits to the community. this is due to the existence of judicial mafia practices that are difficult to eradicate. The study are focus What is the policy in the Supreme Court in eradicating judicial mafia practices within the court Why is there an obstacle in the role of the supreme court supervisory body in realizing the eradication of judicial mafia practices within the court? What is the ideal policy of the Supreme Court supervisory body in eradicating the judicial mafia This study uses a Normative and Empirical Juridical approach. Normative research is carried out on matters that are theoretical principles of law, whereas an empirical approach is carried out to study law in reality in the field. The results of the study found that one of the manifestations of criminal policy efforts in overcoming the practice of judicial mafia in the court environment by building the characteristics of the human resources of the judicial executing instrument that includes Judges and Clerks to become apparatus free from corruption through proven participation in socialization. , Technical guidance and also comparative studies to countries that have the determination to eradicate corruption, conduct Coordination and Supervision Consultation at the Regional Level and Formation of Liaison and Assistance Team, There is an obstacle in the role of the Supreme Court supervisory body in realizing eradication of judicial mafia practices in the court environment due to by the Weak Sectoral Law Enforcement Supervisory Body in each of the Judicial Agencies, Government policies in eradicating judicial corruption are often counterproductive and the ideal Policy of the Court Supervisory Agency great in eradicating the judicial mafia is carried out by means of penal and non-penal namely namely by using criminal law facilities to punish the perpetrators involved in the practice of judicial mafia starting from the judge who hears the case to the court clerk. As for the suggestions that can be conveyed in this study, it is better for the Supreme Court to immediately improve its supervision of the actions of the judicial mafia in the court, especially in conducting law enforcement that is not selective; and It is better that judges are not easily persuaded by bribes to handle a case and also maintain the dignity of the judge in hearing the case being handled.]]>
<![CDATA[Application of Diversion in Investigating Child Cases ]]>
<![CDATA[Ari Saputra]]>
<![CDATA[ Ius Poenale Vol. 1 No. 1 (2020) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Lampung ]]>
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DOI: 10.25041/ip.v1i1.2052
<![CDATA[Inversion instrument that is applied in the community in addition to providing benefits, but does not rule out there are also weaknesses. So far, diversion policies are still very little carried out in the regions even though diversion is mandatory. In the juvenile justice system, of course, children get specificity about the investigator. Whereas those who have the right to investigate children are investigators who have experience and dedication for children, because the diversion is not as easy as imagined in its implementation, especially in remote areas. As for the focus in writing this journal is how the policy of application of diversion in the investigation of cases of children and what the impact or consequences of diversion in order to provide the rights of children who are in conflict with the law. The method used in this paper is a method with a juridical approach to Empirical and Normative Juridical. Based on the results of research and discussion, it can be seen that the effectiveness of the policy of diversion of investigators in order to save the future of children is actually far from effective in the field because it is not easy to implement the diversion. The facts on the ground that the implementation of diversion still has technical constraints such as the difficulty of victims signing a peace agreement as one of the non-juridical conditions that has been required in the diversion, so that the implementation of the diversion failed to do. Lack of understanding from the public about diversion, this has the potential to cause public complaints from the public, and the impact or legal consequences of diversion that can avoid bad stigmatization of children and be able to provide alternative solutions in the form of criminal penalties because the function of diversion is to provide a win-win solution. Based on the description above, the writer's suggestion is: It is better for the National Police to be more effective in carrying out diversionary efforts to children who are dealing with the law so that the image of police law enforcement does not prioritize punishment alone but rather seeks a win-win solution for children. The victim should eliminate the egocentric and vengeful attitude towards the suspect child so that the diversion can be carried out properly.]]>
<![CDATA[Judge's Assessment of the Statement of a Witness Victim with Mental Retardation in a Rape Case ]]>
<![CDATA[Astri Wijayanti]]>
<![CDATA[ Ius Poenale Vol. 1 No. 1 (2020) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Lampung ]]>
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DOI: 10.25041/ip.v1i1.2060
<![CDATA[Victim witness testimony in a trial has an important role in proving a case, in this case the judge uses the testimony of a witness with a mental retardation as evidence for witness testimony. Issues in writing this Journal are How is the judge's assessment of the witness testimony of victims of mental retardation in rape cases? and What principle should be considered by judges in evaluating the testimony of witnesses with mental retardation? This research uses an empirical and normative juridical approach. The results showed that the Judge's evaluation of the testimony of witnesses with mental retardation in a criminal case was essentially independent. Judges can use the testimony of witnesses with mental retardation as evidence of witness testimony by considering the results of research from psychiatric experts who can be academically accounted for to help witnesses with mental retardation to be able to provide information which of course can be verified, the judge can also use it as additional proof or as evidence of instructions if there is compatibility with other valid evidence. The principle that must be considered by judges in evaluating the testimony of witnesses with mental retardation is based on the principles of a fair trial, namely: equality before the law, trials open to the public and conducted orally, competent, independent and impartial courts. Suggestions conveyed by the author in this study Judges must be wise in using existing evidence, especially in cases that are difficult to prove.]]>
<![CDATA[Criminal Execution of Fines Against the Criminal Actors of Sales of Goods Without Signs of Exchange Refund ]]>
<![CDATA[Ika Mutiara Putri]]>
<![CDATA[ Ius Poenale Vol. 1 No. 1 (2020) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Lampung ]]>
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DOI: 10.25041/ip.v1i1.2061
<![CDATA[Criminal penal subsidair imprisonment imposed by the panel of judges used as a gap that is used by the convicted person to be free from the obligation to pay fines. Besides that, there are obstacles for the prosecutor to implement the execution of criminal fines, because the criminal fines imposed by the panel of judges are subsidair or can be replaced with confinement bodies. The problem of this research is formulated: how is the practice of the execution of criminal fines against the prepetrators of excise crime, namely the sale of goods without the marking of excise payment. The approach used is normative juridicial and empirical juridicial. Data were collected through literature studies and field studies, then analyzed qualitatively. In accordance with the description of the results of the study shows that: The practice of the execution of fines against the perpetrators of excise criminal acts, namely the sale of goods without the marking of excise payment carried out by the Bandar Lampung District Attorney after receiving a copy of the court's decision from the Registrar no later than one week after the verdict was read. Furthermore, the Head of the Bandar Lampung District Prosecutor's Office issued a Court Decision Execution Order ordering the Prosecutors Team to execute a criminal fine against a convicted tax officer. The results of the execution are then compiled and reported in the Minutes of the Execution of Court Decisions.]]>
<![CDATA[The Crime Factors of Premeditated Murder Committed by Children Against Children ]]>
<![CDATA[Yogi Aranda]]>
<![CDATA[ Ius Poenale Vol. 1 No. 2 (2020) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Lampung ]]>
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DOI: 10.25041/ip.v1i2.2065
<![CDATA[The crime of premeditated murder by minors against their own peers is a very cruel thing. The formulation of the problem in this study is what is the cause and how to deal with the crime of premeditated murder with child offenders and victims. The method used in solving the problem of this research is to use a Normative Juridical and Empirical Juridical approach. Based on the results of research and discussion, it is analyzed (1) Factors that cause the crime of premeditated murder with child offenders and victims, namely: Low levels of education and spiritual values, a hostile environment (Family, School and Society), Rapid technological development , Low economic ability. (2) Efforts in overcoming the crime of premeditated murder with child offenders and victims are preventive measures: conducting raids in the form of sharp weapons, checking identity in nightclubs, conducting legal counseling to schools and legal counseling in the form of interactive dialogue through electronic radio media and efforts Repressive: focuses on the judicial process in accordance with the provisions contained in Act Number 11 of 2012 concerning the Criminal Justice System for Children. The suggestion in this research is that it is expected that the Judges in deciding the case of a child who committed a murder crime does not merely use the means of punishment. Judges must prioritize child protection and must be more prudent in seeing the involvement of children, whether children are perpetrators or participating, so that judges are expected to provide facilities beyond the punishment of children who commit murder crimes, it is better for law enforcers to carry out law enforcement against children who commit premeditated murder must be mutually coordinate and prioritize children's rights. Law enforcement officials must provide comfort to children who commit crime, in order to improve the personality of children in the future, to further optimize counseling and dissemination by regional and municipal officials to schools and villages in order to increase the knowledge of citizens related to the impact of the community. commit a crime.]]>
