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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 43 Documents
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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.
Implementation of Double Track System in Conviction Towards Special Expertise Crime Ahmad Aditya Putra Utama; Heru Suyanto
Ius Poenale Vol. 2 No. 1 (2021)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (422.129 KB) | DOI: 10.25041/ip.v2i1.2152

Abstract

Sentencing must be guided by the principle of quae sunt minoris culpae sunt majoris infamiae (cruel crimes will be punished with cruel punishment). However, there must be a limit to the punishment (poenae sunt restringenade). In its implementation, the imposition of crimes against convicted people often creates ongoing problems in people's lives. Instead of aiming to popularize the convicts, in fact the imposition of crimes often causes suffering to the perpetrator and even his family. This study aims to determine the basis for justifying the imposition of sanctions in the punishment of criminals with special skills and to formulate the ideal concept of punishment for convicts with special skills in the future. This research is a normative legal research; the data source in this study uses secondary data consisting of primary legal materials, secondary legal materials, and tertiary legal materials. The approach in this research uses a statutory approach, a comparative approach and a conceptual approach. Based on the results of the study, it shows that the basis for justifying the imposition of sanctions for criminal acts with special expertise is the Mark system of penalties. The use of the Double Track System in the punishment of convicts who have special expertise in the field of science so that it is in line with the criminal purpose of providing education, in addition to being convicted with the main crime, the convict is also subject to acts in the form of social work by teaching/transforming the knowledge/expertise possessed to people, many through certain educational/research institution/institutions online (on line).
The Law Enforcement Of Hate Speech Crime In Polda Lampung Ridho Grisyan; Sunarto DM; Heni Siswanto
Ius Poenale Vol. 2 No. 1 (2021)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (337.795 KB) | DOI: 10.25041/ip.v2i1.2158

Abstract

Criminal acts related to hate speech are one of the crimes that occur as a result of the misuse of information technology carried out by a person or group by conveying forms of provocation, seditious actions, or in the form of insults to someone or certain other groups in terms of various indicators, namely race, skin, gender, religion and others. Research problems: how are the efforts to deal with the criminal act of distributing electronic information containing hate speech at POLDA Lampung and why there are obstacles to efforts to overcome the criminal act of distributing electronic information containing hate speech at the Regional Police located in Lampung Province. This type of research is a normative juridical research. The data analysis was done qualitatively. The approach to the problem used is the statute approach. The results of this study indicate that the law enforcement of hate speech using social media is carried out by the Sub-Directorate for Cyber Crime of POLDA Lampung through non-penal and penal means. Non-penal efforts are carried out by carrying out cyber patrols and socializing the prohibition on hate speech using social media. Penal efforts carried out by investigation and investigation. The factors that hinder efforts to overcome criminal acts of hate speech by using social media are in the aspects of legislation, aspects of law enforcement officials, facilities and infrastructure, community conditions and cultural aspects of these factors, there are dominant factors being weaknesses, namely in the aspect of law enforcers who are not yet competent and have mastered the development of types of crimes related to information technology, precisely at the Cyber Police Unit in Lampung Province.
Criminal Law Enforement Towards Journalists That Spread False News Rizky Efriliandis
Ius Poenale Vol. 2 No. 1 (2021)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (349.649 KB) | DOI: 10.25041/ip.v2i1.2159

Abstract

The press in performing its functions can not be separated from all acts of fraud and irregularities committed by the subjects of the press both the public, the press (journalists, media, press council, etc.), even the government. Criminal law has two main elements namely, the first is the existence of a norm, which is a prohibition or order (rule). Second, the existence of sanctions for violations of the norm in the form of threats with criminal law. This research aims: 1) to analyze criminal law enforcement against journalists who make the wrong coverage. 2) To analyze the legal liability system for journalists who make the wrong coverage. 3) To analyze the efforts that can be taken due to wrong press reporting. the research method used is qualitative analysis, data sources obtained through interviews, observations, documentation and literature relating to the title of the study. If the elements of crime committed by journalists are fulfilled egal liability mechanism for journalists who make the wrong reporting, then the legal liability is resolved through the mechanism of the Press Law by referring to the Press Council as the party authorized by law. Enforcement of criminal law against journalists who make scientific publications are based on journalists that have violated provisions which are guidelines for writing news an caused impact on parties who are disadvantaged by the publication. Efforts that can be taken as a result of wrong press reporting can be done by making complaints at the Press Council which will resolve public complaints on cases related to press reporting to immediately revoke, rectify, and correct false and inaccurate news accompanied by an apology to the reader, listener, and or viewer.There is an urgency for control by the Head of Newspapers in applying the journalistic code of ethics to journalists is carried out continuously. Moreover, the journalistic code of ethics needs to be a guideline for conducting news breeding. To the public, they should not hesitate to report to the Press Council if there is false publication of the news.
Diversion As A Crime Solution Towards Child Crime Prepertrator Arman Sukma Negara
Ius Poenale Vol. 2 No. 1 (2021)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (351.398 KB) | DOI: 10.25041/ip.v2i1.2204

Abstract

Diversion efforts is an alternative solution for the sake of realizing children's interests and protecting the future of children from the destructive effects of imprisonment, which stigmatize criminals in the eyes of the community, but all of these have not been maximally realized because there is a court decision in the Lampung region itself which still applies sanctions punishment as an effective method of providing a deterrent effect on children. Based on this, this research's main problem focuses on implementing diversion for children as a criminal solution for juvenile offenders and whether diversion is an instrument in realizing the best interests of children. This research uses a juridical empirical, and normative juridical approach. The results of the discussion are in this research, namely that in the principle of the best interests of children as a criminal solution for child offenders, diversion is one of the instruments in realizing the best interests of the child considering that diversion instruments for children can improve the child's image from the impression of a criminal. The advice that can be given is that law enforcers should prioritize the principle of the child's best interests in every legal process rather than prioritizing repressive actions that lead to imprisonment sanctions and eliminating children's rights such as protection of their future.
The Legal Position Of Electronic Medical Recording As An Evidence At The Court Dwi Retno Wulandari
Ius Poenale Vol. 2 No. 1 (2021)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (386.411 KB) | DOI: 10.25041/ip.v2i1.2209

Abstract

This research aimed to analyze the position of electronic medical records and as evidence in court. The research method uses a normative juridical approach. To obtain an overview of electronic medical records as evidence in court, the legal materials collected are qualitative data. Any electronic evidence can be used as evidence if it meets formal and material requirements, as regulated in Article 5 paragraph (4) of Law Number 11 of 2008 concerning Electronic Information and Transactions (ITE Law). Electronic medical records have an essential role in health services and law enforcement efforts as evidence. Based on this, the main problem is the position of electronic medical records as valid evidence in court. The results show that the position of electronic medical records as evidence in court can be valid evidence following Article 184 of the Criminal Procedure Code (KUHAP), The Ministry of Health Regulation 269/2008 Articles 5 and 1, Article 51 of Government Regulation No. 71 Years. As evidence, electronic medical records do not have binding evidentiary power but rather have independent evidentiary value, namely, proof determined by the judge's conviction without being limited by law.
Implementation Of Criminal Actions Against Malpractice By Medical Personnel Zara Shelli Meirosa
Ius Poenale Vol. 2 No. 1 (2021)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (364.342 KB) | DOI: 10.25041/ip.v2i1.2210

Abstract

Providing health services to the community is very important, where every community must get proper health services and according to permission from the government. However, in terms of providing services to the community, things that are not supposed to be done by medical personnel are not uncommon, such as malpractice. Malpractice in the provision of health services by medical personnel is a legal problem that must be addressed immediately. One way is through criminal threats for the perpetrators. In Law Number 36 of 2009 concerning Health, there have been many provisions regarding criminal sanctions for medical personnel who make mistakes in carrying out their health practices. This action must be assessed in terms of criminal law to impose sanctions on perpetrators who have committed malpractice. The research method used in this study uses a normative approach method. Normative research is legal research, carried out by examining library materials or secondary data as the necessary material to be studied by searching for the regulations and literature related to the problem under study. The approach to the problem used is the statutory approach. The results of this study answer that the types of malpractice committed by medical personnel are when in malpractice, in addition to actions that are considered negligence, some actions are included in the category of deliberate action and violating the law, the existence of an act, due to serious injury, the causal relationship between severe injuries and forms of action, the existence of forms of actions and the existence of consequences: wounds that cause disease; and injuries which prevent him from carrying out occupational work, or searching for a specified time. Malpractice that is done intentionally is a form of pure malpractice, including in criminal malpractice. Furthermore, the legal consequence of malpractice committed by medical personnel is the emergence of criminal liability for medical personnel as legal subjects which are closely related to proving someone's actions (medical personnel) to be included in the criminal malpractice category if the act fulfills the formulation of criminal offenses. Therefore, the imposition of criminal sanctions against medical personnel who commit malpractice can be punished. This research suggests that law enforcement officials should take an active role in handling malpractice cases in health services
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.

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