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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 6 Documents
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Search results for , issue "Vol. 1 No. 1 (2020)" : 6 Documents clear
Legal Protection of Children as Witnesses in the Crime of Rape Erna Dewi; Volanda Azis Saleh
Ius Poenale Vol. 1 No. 1 (2020)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (608.103 KB) | DOI: 10.25041/ip.v1i1.2042

Abstract

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.
Application of Diversion in Investigating Child Cases Ari Saputra
Ius Poenale Vol. 1 No. 1 (2020)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (596.142 KB) | DOI: 10.25041/ip.v1i1.2052

Abstract

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.
Judge's Assessment of the Statement of a Witness Victim with Mental Retardation in a Rape Case Astri Wijayanti
Ius Poenale Vol. 1 No. 1 (2020)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (614.627 KB) | DOI: 10.25041/ip.v1i1.2060

Abstract

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.
Criminal Execution of Fines Against the Criminal Actors of Sales of Goods Without Signs of Exchange Refund Ika Mutiara Putri
Ius Poenale Vol. 1 No. 1 (2020)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (601.817 KB) | DOI: 10.25041/ip.v1i1.2061

Abstract

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.
Claim for Damages in Criminal Actions to Achieve Justice for Victims Gatra Yudha Pramana
Ius Poenale Vol. 1 No. 1 (2020)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (610.055 KB) | DOI: 10.25041/ip.v1i1.2066

Abstract

Settlement of criminal cases, the criminal justice system pays more attention to the rights of the accused by law, while the victim's right to obtain justice in the form of compensation has not been maximally realized. This paper aims to see the implementation of the claim for compensation in criminal offenses. This study uses normative and empirical juridical methods. The results showed that the position of the victim in the Criminal Justice System, both according to the Criminal Code (KUHP) and the Criminal Procedure Code (KUHAP) are currently not equivalent to the perpetrators of criminal acts. So to file a claim for compensation, the victim of a criminal offense has not received legal certainty. Even though the Criminal Procedure Code and the Criminal Code have given a little room for victims to get true justice as a result of acts or criminal acts committed by criminals.
Effectiveness of pretrial decisions on the implementation of confiscation and its legal implications Ricky Indra Gunawan
Ius Poenale Vol. 1 No. 1 (2020)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (634.851 KB) | DOI: 10.25041/ip.v1i1.2068

Abstract

Pretrial is a control over the actions of investigators and public prosecutors in carrying out their duties and authority in the criminal justice process whether it has been done properly or not. The method used in this paper is a method with a juridical approach to Empirical and Normative Juridical.  The effectiveness of pretrial efforts towards the implementation of the confiscation process according to the researchers 'level of effectiveness is still questionable because as far as researchers' observations are concerned with the influence of the Constitutional Court's ruling, no community has yet filed a pretrial suit related to searches and seizures carried out by law enforcers. / PUU-XII / 2014 more people filed lawsuits for judicial petition related to the determination of suspects, this is evidenced by the number of pretrial claims against the determination of suspects and the implications in pretrial decisions regarding the implementation of foreclosures with the ruling Number 21/PUU-XII / 2014  , where the confiscation action is the tip of the investigator's action in order to prove the trial, so with the decision Number 21/PUU-XII/ 2014, the implications of the investigator are required to be more careful and  lam foreclosure. The implication is also in this case that the judge in deciding and considering a pretrial object in the form of confiscation in a case will also certainly have different views because the judge can interpret the law as long as the ruling of the Constitutional Court Number 21 / PUU-XII / 2014 which stipulates the seizure as a pretrial object has not been determined explicitly in the legislation.

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