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Ahmad Irzal Fardiansyah
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Ius Poenale
Published by Universitas Lampung
ISSN : 27232638     EISSN : 27459314     DOI : https://doi.org/10.25041/ip
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
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.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
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Search results for , issue "Vol 4 No 1 (2023)" : 5 Documents clear
Delays in international criminal justice: What impact does it have on victims' rights? Ovide Manzanga Kpanya
Ius Poenale Vol 4 No 1 (2023)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/ip.v4i1.2791

Abstract

This study aims to argue that the time of the criminal response at the international level is one neglected factor with unpredictable and sometimes irreversible consequences on the rights of victims. Speaking of delays, the idea is to demonstrate that this justice system does not react or act within a time limit that would prevent the deterioration of a situation, already disastrous and unbearable, in which the victims of these crimes. The resulting conclusions reveal that the set of rights enjoyed by these victims, until now, are not sufficient to protect them against these delays. And yet, the suffering they endure from the commission of these crimes justifies a substantial strengthening of their rights in order to avoid additional tortures, arising over time as long as justice has not resolved these conflicts, and will not have restored them to their violated rights.
Insult in National Criminal Law and Islamic Criminal Law: Sanctions Perspective and Legal Developments Review Desia Rakhma Banjarani; Taufani Yunithia Putri; Almira Novia Zulaikha
Ius Poenale Vol 4 No 1 (2023)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/ip.v4i1.2867

Abstract

Insulting still very colorful in this life. Nevertheless, honor, dignity and fame for all people must be maintained and protected, and everyone must be safe from all disturbances and all efforts to humiliate based on Islamic provisions and state law. Based on this background, the formulation of the problem that will be discussed in this study is how are the sanction provision of insult in Indonesian law? How is the development of Islamic criminal law regarding criminal acts of insult in Indonesia? The method used in this study is normative research with data sources used in this study based on primary data sources and secondary data sources. The main data source is based on the Law No. 1 of 2023 concerning Criminal Code (KUHP), while secondary data is obtained from related books or articles. Sanctions for criminal acts of insult under Indonesian law are regulated in the Law No. 1 of 2023 concerning Criminal Code, which are grouped into 8 types of actions of insulting and The Electronic Information and Transaction Law or the ITE Law. Whereas in Islamic criminal law, it is regulated in the Al-Qur'an and Hadith Sahih: Muttafaq alaih. Criminal sanctions for insult in the development of Islamic criminal law use takzir punishment or are called jarimah takzir. In the modern era like now Islamic criminal law remains a judge's consideration for criminal imposition according to the provisions of takzir punishment.
ANALISIS PERTIMBANGAN HAKIM TERHADAP PENJATUHAN PIDANA BAGI PENYALAHGUNA NARKOTIKA GOLONGAN I (Studi Putusan Nomor 86/Pid.Sus/2022/PN.Gdt): English Dimas Didi Darmawan
Ius Poenale Vol 4 No 1 (2023)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/ip.v4i1.2900

Abstract

The younger generation is being targeted as the threat of drug seizures rises in Indonesia. Narcotics are substances or drugs that can alter consciousness, cause loss of feeling, lessen or eliminate pain, and cause dependence. They can be derived from plants or non-plant sources and synthetic or semi-synthetic. As a result, drug users who commit crimes need rehabilitation in order to overcome their drug use. For those who commit drug crimes, rehabilitation is a form of punishment with the objective of healing or treatment. However, in practice, judges frequently favor to sentence drug offenders to prison terms and fines, even though offenders can also be sent to rehabilitation. This empirical normative legal study uses primary and secondary data as its data sources and fieldwork and library research as its data collection methods. According to the study's findings, the judge's factors in establishing that the defendant's actions met the requirements of Article 127, paragraph 1, letter an of Law Number 35 of 2009 Concerning Narcotics were taken into consideration in proving the defendant's actions (Narcotics Law). One example is the decision in the drug crime case at the Special Class II Gedong Tataan District Court, which is based on the accuracy of the evidence and the legal facts presented during the trial and the fulfillment of the elements of each of these crimes. It was argued that it was appropriate for the defendants to receive prison sentences and fines rather than engage in medical or social rehabilitation because their status as drug addicts or abuse victims had not been established.
Pertanggungjawaban Pidana Terhadap Pemalsuan Sertipikat Tanah Sporadis di Badan Pertanahan Nasional Bandar Lampung Zainudin Hasan; S. Endang; Komang Widi Yane
Ius Poenale Vol 4 No 1 (2023)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/ip.v4i1.2911

Abstract

Forgery of letters is crime that often occurs in people's lives. One of cases of crime forging letters is in court decision No: 139/Pid.B/2022/PN. Tjk. The problem in examination is whether the judge's legal considerations in imposing a crime on the defendant for crime of forging letters and how the criminal liability of the perpetrators of the crime of forging the letter. This is because it is necessary to know to what extent the imposition crime of forgery letters is at its level, whether it is subject to imprisonment and fines in accordance with mens area doctrine, as well as in looking at the crime committed and the circumstances justification or ballast. The approach used in this research is legal-normative approach and empirical law emphasizes the study of rule law, and the data used is secondary data and primary data. K Data collection was carried out through library research and field studies. In accordance with the results of the research and discussion, it appears that the basis for juridical considerations in the conviction perpetrators crime of forgery letters became the basis for revocation of name land deed, namely that actions defendant fulfilled elements first alternative indictment by prosecutor's office, in the end defendant was not proven and was found guilty of committing act of forgery of letters. If using letters can cause losses. As well as criminal liability for the perpetrators of the crime forging letters in accordance with Article 263 (2) Criminal Code and has fulfilled the theory of criminal liability. Suggestions for future are how to create criminal law that is accordance with the aspirations and values nation accordance with values justice for victims and perpetrators, namely upholding restorative justice effort to achieve peace without prioritizing concept retaliation which may not necessarily have deterrent effect.
Pertimbangan Hakim Yang Memutus Persidangan In Absentia Dalam Kejahatan Desersi Dava Prawira Wibowo
Ius Poenale Vol 4 No 1 (2023)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/ip.v4i1.2963

Abstract

Military Members are limited by Laws and Military regulations so all the actions that are undertaken must also be based on Applicable laws and regulations. One of the most common crimes committed within the TNI is a criminal act of desertion desertion is the most prominent crime and must be done immediately resolved because it involves the integrity of the troop, it is necessary to regulate it specifically in order to be immediately decided and obtain legal certainty. However what if the military personnel who committed the crime of desertion could not found its existence or in this case the examination of the criminal act of desertion in absentia The method used by using a normative juridical approach method and supported by empirical juridical approach in the form of support from criminal law experts and law enforcement to support normative juridical data. Approach Normative juridical is done by seeing, analyzing and interpreting matters of a theoretical nature concerning legal principles through search related literature directly or indirectly direct Based on the results of research and discussion can be drawn a conclusion of the process the implementation of the desertion crime trial can be stated in absentia,if at the time of the third summons, the defendant still did not appear at the hearing (Law No. 31 of 1997 concerning Military Justice, Article 143). The judge's considerations in deciding the crime of desertion to three considerations, namely based on juridical considerations on formal statutory provisions, sociological considerations based on the social background of the defendant and for expediency, as well philosophical considerations with the aim that the sentence imposed against the accused as an effort to uphold discipline for each military member.

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