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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. 2 No. 2 (2021)" : 6 Documents clear
Verbalisan Witness Position as Evidence of a Criminal Case M. Kemal Pasha Zahrie
Ius Poenale Vol. 2 No. 2 (2021)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (488.688 KB) | DOI: 10.25041/ip.v2i2.2213

Abstract

The presence of Constitutional Court Decision Number 65/PUUVIII/2010 expands the meaning of witnesses in Article 1 point 26 of the KUHAP, resulting in the emergence of various interpretations in criminal justice practice concerning the position of verbal witness testimony as evidence. Juridically, the decision creates problems considering that the Criminal Procedure Code or Kitab Undang-Undang Hukum Acara Pidana (KUHAP) does not recognize verbal witnesses' testimony as evidence. This study examined the position and the strength of verbal witnesses' testimony as evidence in criminal proceedings. After gathering all the data using normative and empirical juridical research, this paper concludes that the testimony of verbal witnesses is grouped in the evidence of guidance in Article 188 Paragraph (1) of the KUHAP because the testimony of verbal witnesses is not primary evidence. After all, its existence is contingent on the judge's willingness to employ it. The strength of proof of testimony of verbal witnesses is that they must satisfy the elements of Article 188 paragraph (1) of the KUHAP, namely the information referred to in the form of events or circumstances concerning a criminal act, as well as conformity with other evidence, as required by Article 188 paragraph (2) of the KUHAP.
Harmonization of Rehabilitation Service Standards for Drug Abuse’s Addicts and Victims according to the Regulations Refi Hendra
Ius Poenale Vol. 2 No. 2 (2021)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (527.23 KB) | DOI: 10.25041/ip.v2i2.2216

Abstract

Narcotics addicts and victims of narcotics abuse must undergo medical and social rehabilitation, according to Article 54 of Indonesia's Narcotics Law. The government then issued a rehabilitation policy for them under the authority of three state institutions, namely the Ministry of Health, the Ministry of Social Affairs, and the National Narcotics Agency. This causes overlapping and tug-of-war among stakeholders when it comes to developing policies and implementing rehabilitation services for addicts and victims of narcotics abuse, resulting in no method that becomes a guideline for rehabilitation implementation, on the report of an Ombudsman study. The aim here is to investigate how the laws of Rehabilitation Service Standards for Addicts and Victims of Drug Abuse are harmonized. The approach used is normative juridical. According to the study's findings, the regulations are hierarchically aligned, but the implementation of each rehabilitation program has a Service Standard. There is a vertical disparity in the definitions of medical and social rehabilitation and service providers and service recipients. Horizontally, there are differences in the determination of the implementing agency, service standards such as service programs, human resources, infrastructure, and activity funding sources. As a result, medical and social rehabilitation implementation is separated, resulting in a lack of comprehensive services for service recipients.
The Effort to Reduce Over Capacity in Correctional Facilities through Social Work Alternative Punishment Maiza Putri
Ius Poenale Vol. 2 No. 2 (2021)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (366.124 KB) | DOI: 10.25041/ip.v2i2.2217

Abstract

Overcapacity in prisons usually happens due to the high number of incoming inmates which is not directly proportional to the capacity of the correctional institution. It is a problem in realizing the aim of both the correctional system and the criminal justice system and raises the urgency of alternative penalties application. This research aims twofold: First, to uncover the causes of prison overcapacity, Second, to elaborate on how policy is being developed toward alternative punishment to reduce overcapacity. This study takes a normative and empirical legal approach, with data gathered through literature reviews and field studies. In conclusion, it would appear that alternative punishments are essential to change the negative views regarding the application of criminal sanctions in prison into the application of alternative criminal sanctions for social work that have a positive impact. The punishment that can be used as an alternative to imprisonment is the social work penalty. The social work penalty is considered to reduce the negative impact on the implementation of imprisonment in prisons that experience overcapacity. This research suggests that the social work criminal formulation policy should be immediately formulated in the Draft of Criminal Code (RUU KUHP).
Law Enforcement towards Online Mass Media Abuse According to the Press Law Andiniya Komalla Parawita
Ius Poenale Vol. 2 No. 2 (2021)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (471.95 KB) | DOI: 10.25041/ip.v2i2.2229

Abstract

The resolution process of law enforcement related to press offences differs in Indonesia. The disparity in resolving legal issues arising from press violations in Indonesia is due, in part, to differing interpretations of press regulations. Some actions were taken under Law No. 40 of 1999 Concerning the Press (Press Law). Some issues were resolved through the Criminal Code or the Kitab Undang-Undang Hukum Pidana (KUHP). This study is interested in looking into law enforcement against the abuse of mass media through online media in terms of press law and the Criminal Code and the barriers to its enforcement. The method used in this research is a normative juridical and empirical juridical approach. Subsequently, data analysis uses qualitative analysis methods. The paper concludes by arguing that enforcing press law against abuse of mass media through online media is accomplished by enforcing Article 5 paragraph (1) of the Press Law. However, Article 5 paragraph (1) of the Press Law does not regulate or formulate the delusions of defamation and insults as regulated in Article 310 of the Criminal Code. The absence of norms and conditions for when and in what cases the press can and cannot be brought to court for violating criminal law and sentenced to criminal sanctions is a barrier in law enforcement on the misuse of mass media through online media associated with press laws.
Law Enforcement Obstacle Against Online Gambling at Lampung Regional Police Andri Wetson. R.
Ius Poenale Vol. 2 No. 2 (2021)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (504.53 KB) | DOI: 10.25041/ip.v2i2.2232

Abstract

Easy access to the world of information technology currently impacts the rise of cybercrime, including the crime of online gambling. Many efforts have been made by the government and law enforcers, including, in this case, the police, to prevent and take action against this online gambling crime, either block sites that are gambling arenas or improve the national security system to stop these gambling sites. This research aims to look at law enforcement against online gambling crimes in Bandar Lampung City and determine the factors that became an obstacle in law enforcement of online gambling crimes at Lampung Regional Police. This research method uses a normative juridical approach. Based on the discussion and research results, law enforcement against online gambling crimes in Bandar Lampung City is carried out by applying the instrument of Article 303 of the Criminal Code rather than Article 27 Paragraph (2) Jo. Article 45 of the ITE Law. The research also shows the factors that became an obstacle in law enforcement of online gambling crimes at Lampung Regional Police are: (1) Longer Detention Period for Online Gambling Crimes in the Criminal Code Instruments than the Gambling Control Act, (2) Lack of Investigators' Awareness in Information Technology, (3) Use of Electronic Evidence Requires Expert Information is inhibiting law enforcement against online gambling crimes in Bandar Lampung. Suggestions from the research are to conduct information technology guidance training to the Bandar Lampung Police Investigation and Criminal Unit.
Implementation of Compensation Claim's Mechanism through Pretrial for Error in Persona in the Criminal Justice System Feryando Feryando
Ius Poenale Vol. 2 No. 2 (2021)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (481.666 KB) | DOI: 10.25041/ip.v2i2.2234

Abstract

An error in persona in the implementation of the criminal justice system is a type of destructive action by law enforcement officers that can cause harm to someone. The use of authority by investigators to arrest and detain and detention and prosecution by public prosecutors is a concrete form of persona error. This study focused on the mechanism of a compensation claim through pre-trial due to a persona error in implementing the criminal justice system and an impediment to the implementation of the pre-trial judge's decision on the granting of the compensation claim. The method used is normative and empirical juridical research. The results showed that the mechanism of a claim for compensation through pre-trial due to an error in person in implementing the criminal justice system was carried out fundamentally at the formulation stage. These formulations outlined in the Code Of Criminal Procedure (Kitab Undang-Undang Hukum Acara Pidana/ KUHAP) and Government Regulation Concerning Implementation of The Book of Criminal Procedure Law as a basis for the implementation of pre-trial and the application stage. The statutory factors of Decree of the Minister of Finance of the Republic of Indonesia Number: 983 / KMK.01 / 1983 (Keputusan Menteri Keuangan RI Nomor 983/KMK.01/1983) are an impediment in implementing the pre-trial judge's determination of the compensation claim because the regulation governs administrative procedures that are lengthy and involve government agencies.

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