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Desia Rakhma Banjarani
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SCLS
Published by Universitas Sriwijaya
ISSN : 29866367     EISSN : 29877350     DOI : https://doi.org/10.28946/scls
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Sriwijaya Crimen Legal Studies (SCLS) is a journal in the field of law that publishes articles which include but not limited to articles with the themes: Administrative Crime, Juvenile Delinquent, Criminal Anthropology, Criminal Sociology, Penology, Criminal Psychology, Environmental Crime, Islamic Criminal Law, International Crime, Transnational Crime, Victimology, Corruption, Cybercrime, Narcotics Crime, Crime Prevention, Criminal Law Enforcement, Criminology, Criminal Procedure Code and various other aspects related to Criminal Law. In addition, the scope of this journal is also related to Civil Law, State Administrative Law, Constitutional Law, and International Law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 14 Documents
 1   2 
DEEPFAKE IN ONLINE FRAUD CASES: THE HAZE OF ARTIFICIAL INTELLIGENCE’S ACCOUNTABILITY BASED ON THE INTERNATIONAL LAW Orima Melati Davey; Levin Sauerwein
Sriwijaya Crimen and Legal Studies Vol 1, No 2 (2023)
Publisher : Faculty of Law Sriwijaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/scls.v1i2.2654

Abstract

Artificial Intelligence (AI) is the science and engineering of intelligent machines, primarily through computer programs. AI consists of processes by human intelligence simulated through machine processes and is concerned with designing, developing, and implementing computer systems. One of them is Deepfake. Deepfake is a technology that uses data in the form of an image/photo of a person's face, which is part of personal data and potentially misused to commit crimes such as online loan fraud. The research discusses (1) the concept of accountability for deepfake artificial intelligence in online loan fraud according to international law and its application in Indonesia and (2) the analysis of regulations and accountability of deep fake according to chaos theory. The research uses legal-normative approach. Moreover, the research will examine legal principles, systematics, and comparative law in its application. The research illustrates that the concept of deepfake accountability as artificial intelligence in online loan fraud according to international law is described in the General Recommendation on the Ethics of Artificial Intelligence by UNESCO. Meanwhile, the concept of accountability in Indonesia is seen in Human Rights and Data Privacy Violations. According to chaos theory, the analysis of deepfake’s regulatory and accountability concept  in international and national law leads to inconsistencies because it is only a recommendation, yet to be integrated, and still multidimensional.
REGIONAL EXPANSION IN INDONESIA: PERSPECTIVES ON DEVELOPMENT LAW THEORY Ganiviantara Pratama; Rima Melati
Sriwijaya Crimen and Legal Studies Vol 1, No 1 (2023)
Publisher : Faculty of Law Sriwijaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/scls.v1i1.2610

Abstract

The research purpose is to find out the development of regional expansion in Indonesia from the point of view of development law theory. The research method used in this study indeed uses the type of juridical normative research. While the approach to be taken by the author is a statutory approach and a conceptual approach. The data analysis used by the author is descriptive qualitative data analysis. The discussion results in this study are two things: first, expansion in Indonesia is considered quite significant, primarily. This expansion is carried out in the framework of national development. But regional expansion cannot be separated from dilemmas, especially political dilemmas, administrative dilemmas, and dilemmas in terms of regional inequality. Second, regional expansion viewed from the point of view of development law theory is undoubtedly related to the role of law as a means. Law occupies a vital role in the means of regional expansion. The law plays an essential role in the legislative process of regional expansion because the autonomous regions that will secede must be based on the products of the law.
REVIEWING THE IMPLICATIONS OF THE LIVING LAW AS AN EXPANSION OF THE LEGALITY PRINCIPLE IN THE CRIMINAL CODE Khofifah Karalita Arifin; Helena Primadianti
Sriwijaya Crimen and Legal Studies Vol 1, No 1 (2023)
Publisher : Faculty of Law Sriwijaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/scls.v1i1.2732

Abstract

The reforms made to the Criminal Code are an achievement that must be appreciated by all Indonesian people, considering that the current Criminal Code is a legacy from the Dutch Government, so it contained therein is oriented towards Western values. Meanwhile, the Criminal Code, which the legislature of Indonesia has created, contains values following the Indonesian Nation. However, legislators' decision to include living law in the Criminal Code has brought several implications for developing criminal law in Indonesia because Indonesian criminal law also adheres to the principle of legality. The type of this research is socio-legal studies. The legal materials are collected using literature studies with the statute and conceptual approaches. Furthermore, the data processing technique has been collected using the deductive method. This article was written using a qualitative analysis method. This study aims to determine the implications of applying living law as a basis for punishment as regulated in Article 2, paragraph 1 of the new Criminal Code. The results of this study, it is known that sentence based on living law will have the impact on legal uncertainty, the duality of customary law, and requires law enforcement officers who are understand regarding the law which lives in where he is in charge because the state carries out its enforcement through the criminal justice system. The recommendation based on this research is to respect the living law by protecting the existence of indigenous people through formal arrangements in regulation forms.
CRITICAL ANALYSIS OF RESTITUTION BURDEN TO THE STATE (STUDY OF HERRY WIRAWAN) A Muflih El Zuhdi; Teuku M Sulthanarafif; Dinda Maulia Dini; M Abid Bagas; Henny Yuningsih
Sriwijaya Crimen and Legal Studies Vol 1, No 2 (2023)
Publisher : Faculty of Law Sriwijaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/scls.v1i2.2701

Abstract

The crime of sexual violence against children is a severe problem that effect urgency to pay attention to protection and prevention. The government approved Law Number 11 of 2022 concerning Sexual Violence Crimes, even though immoral acts are hard to disclose to the surface as appropriate iceberg phenomena. This research was motivated by defendant Herry Wirawan who committed the crime of sexual violence against 12 child victims. This research focuses on the judge's considerations in imposing restitution and defendant criminal liability. This research method is normative legal research with a statue and contextual approach with primary legal sources in the Bandung District Court Decision Number 989/Pid.Sus/2021/PN.Bdg and Bandung High Court Decision Number 86/Pid.Sus/2022/ PT. Bdg. At the District Court, the panel of judges imposes restitution for the state that has experienced a juridical error regarding the difference between restitution and compensation. The district court decision was amended in the appeal-level decision which stated that the defendant would be charged with restitution. From the primary sources, it was found that there are provisions that can be met if the defendant is unable to pay restitution through asset confiscation according to Law Number 11 of 2022 concerning Sexual Violence.
CLIMATE CHANGE AND INTERNATIONAL LAW: REVIEWING COMMITMENT FROM ASEAN AND EU Febryani Sabatira; Gustav Knudsen; M. Febriyan Saputra
Sriwijaya Crimen and Legal Studies Vol 1, No 1 (2023)
Publisher : Faculty of Law Sriwijaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/scls.v1i1.2653

Abstract

Climate change is a major issue occurring in our time. Global in scope and unprecedented in size, the repercussions of climate change include everything from changing weather patterns that endanger agricultural production to increasing sea levels that raise the possibility of catastrophic flooding. Considering the broad impact of climate change, all parties must take any measure necessary to address this issue, including primary regional organizations, namely the Association of Southeast Asia Nations (ASEAN) and the European Union (EU). This study examines the approach of ASEAN and the European Union regarding climate change that dramatically impacts the country's stability. Research shows that ASEAN-EU cooperation on climate change consists of 3 (three) main collaborations, namely Green Growth and the Environment, ASEAN-EU Statement on the Paris Agreement Reaffirming Commitment to Cooperation to Address the Shared Challenges of Climate Change, and The Second EU-ASEAN High-Level Dialogue on Environment and Climate Change. These forms of cooperation emphasize the commitment of the European Union as an advanced regional organization to support ASEAN in dealing with the impacts of climate change and implementing policies to reduce the use of carbon gas. In addition, the comparison of ASEAN and European Union policies on climate change ASEAN and the European Union is based on indicators according to Article 4 of the UNFCCC, which consists of progress, reduction of carbon gas emissions and greenhouse effects, adaptation and mitigation, and implementation of national policies. In addition, it can be seen that ASEAN policies are more in the form of a framework in conferences that reduce various regulatory instruments with each focus. At the same time, the European Union uses an approach in the form of an action plan that will be integrated into one law on climate change, namely the European Climate Law. 
THE PROGRESS OF ISLAMIC CRIMINAL LAW IN INDONESIA: AN ANALYSIS OF THE DYNAMIC AND THE URGENCY OF IT’S IMPLEMENTATION Virginia Harizta Vianne
Sriwijaya Crimen and Legal Studies Vol 1, No 1 (2023)
Publisher : Faculty of Law Sriwijaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/scls.v1i1.2905

Abstract

Although the application of Islamic criminal law still raises pros and cons due to the assumption that the sanctions tend to be sadistic. It does not mean Islamic criminal law is impossible to apply in Indonesia. Positive law in Indonesia results from thinking based on three components that substantially influence European, customary, and Islamic law. The problem related to the formation of positive law in Indonesia is the position of Islamic law, especially those still vague and unfamiliar to the public. So that the formulation of the problem in this study is: how are the dynamics of existence and the urgency of applying Islamic criminal law in Indonesia? This research used normative juridical methods or legal research. The study results show that the dynamics of Islamic criminal law in Indonesia began in the colonial period as a subsystem of customary law. As for the legalization process of Islamic law or criminal law in Indonesian law, it cannot be carried out easily due to the tendency of the influence of Western state law, which previously colonized Indonesia. Nowadys, Islamic criminal law has been applied to one of Indonesia’s regions, namely Nanggroe Aceh Darussalam. Another dynamic that Indonesia has to face in implementing Islamic criminal law is the existence of a stigma that punishment in Islamic criminal law seems sadistic and inhumane or violates human rights. The urgency of implementing Islamic criminal law in Indonesia is that Islamic criminal law contains more than all the goals commonly known in the world of criminal law, namely retribution, deterrence, and reformation.
LEGAL CERTAINTY FOR INVESTORS POST DECISION OF THE MK NO.91/PUUXVIII/2020 TOWARDS ECONOMIC RECOVERY IN INDONESIA Ikhsan Setiawan; Risa Mahdewi
Sriwijaya Crimen and Legal Studies Vol 1, No 2 (2023)
Publisher : Faculty of Law Sriwijaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/scls.v1i2.3046

Abstract

Investment can be an important instrument for Indonesia, because natural resources are abundant, but only a small portion can be explored by Indonesian citizens, because they are constrained by not having large capital. Exploration requires large funds, therefore the government brings in foreign investors to Indonesia. Investors need to be a very important part of realizing the nation's ideals for the welfare of the people, as stated in the preamble of the 1945 Constitution. Investment can be put to good use to enhance economic development and become one of the instruments to increase the nation's national income. For this reason, after the decision of the Constitutional Court No. 91/PUUXVIII/2022 whether it will have a good impact on Indonesia's economic recovery. This research is a normative juridical research based on applicable legal sources. This research was analyzed descriptively with a qualitative approach. The results of the research will explain the effectiveness of the Constitutional Court's decision and see its impact on the Indonesian economy.
NEW PATTERNS OF PALM LICENSING EXPANSION: ACCESS AND POWER RELATIONS IN FOREST AREAS IN INDONESIA Sani Nur Asih; Rico Andreas; Rifka Yudhi; Fajar Bima Alfian
Sriwijaya Crimen and Legal Studies Vol 1, No 1 (2023)
Publisher : Faculty of Law Sriwijaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/scls.v1i1.2693

Abstract

Indonesia is one of the largest contributors to palm oil in the world. Palm oil is one of the leading commodities that supports the running of the national economy in Indonesia. The high influence of palm oil economic growth in Indonesia has caused a shift in the cultivation of rubber and other conventional cash crops at the community level, turning into palm oil regardless of the role of palm oil for the nation's economy. The oil palm plantation industry is not welcomed by the Indonesian people, this is because the practice of oil palm plantations in Indonesia is suspected to be one of the triggers for various environmental and social problems, such as deforestation, peatland clearing, forest fires, biodiversity loss, and tenure conflicts. The total area of Indonesia's oil palm plantations is around 16.8 million hectares, of which about 3.47 million hectares are located in forest areas. The expansion of the palm oil industry in forest areas is partly due to the granting of oil palm plantation licensing authority to local governments, which is annulled as a trigger for new land clearing for oil palm plantations in the region. Without an accountable and strict control system in the licensing process, it will have an impact on the number of oil palm plantation permits issued that tend to violate many spatial planning requirements. In addition, further regulation of palm oil policies in the job creation law will actually increase the length of the conflict that occurs and make the process of improving palm oil governance much more complicated. The application of the "white wash smell" model as a settlement effort will only reduce the chances of settlement, ignore permits, be non-transparent, and ultimately harm the community.
CRIMINOLOGICAL STUDY OF CORRUPTION IN ABUSE OF POSITION AUTHORITY Rosa Linda; A. Yudha Prawira
Sriwijaya Crimen and Legal Studies Vol 1, No 2 (2023)
Publisher : Faculty of Law Sriwijaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/scls.v1i2.2620

Abstract

Officials in carrying out their duties and functions legally have been regulated in law, but in exercising authority in office, they are also limited by law. Forms of abuse of authority by public officials who commit corruption in a position and use it for personal and group interests to enrich themselves and certain groups and harm many people or the general public, namely in cases of corruption. Abuse of authority in office, namely in criminal acts of corruption by one of the university rectors in Lampung, followed by criminal acts of corruption in the Bengkalis Island Outer Ring Road improvement project and the Deputy Attorney General of the Manado State Attorney General's Office. So this needs to be studied in depth through criminological studies to determine the factors that cause someone to commit a crime. This study uses empirical normative research methods using statutory, conceptual, and case study approaches. The results of this study indicate that several factors influence an official who commits a criminal act of corruption. These namely internal factors include personalities such as human greed, poor morals, and dishonesty. Next are external factors, including opportunity and economic factors (consumptive lifestyle). Efforts to deal with the criminal act of corruption and abuse of authority in the office can be carried out through preventive efforts, namely by building morale, honest attitude, and a clean work ethic. Then through repressive efforts by imposing severe penalties that create a deterrent effect and create fear for others to corruption.
CRIMINAL ACTS IN THE FIELD OF SCIENCE AND TECHNOLOGY Rudi Wijaya; Eko Raharjo; Maria Agustina
Sriwijaya Crimen and Legal Studies Vol 1, No 2 (2023)
Publisher : Faculty of Law Sriwijaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/scls.v1i2.3083

Abstract

Law Number 11 of 2019 concerning the National System of Science and Technology (UU Sisnas Iptek) is a law that is fundamental in the field of science and technology as well as monumental because it replaces Law Number 18 of 2002 concerning the National System for Research, Development and Application of Science Knowledge and Technology that has been valid for 17 (seventeen) years in the midst of very dynamic and unstoppable developments in science and technology. The replacement of the law contains consequences for changes in content material including regulations regarding criminal acts regulated therein. The National System and Technology Law itself provides arrangements regarding criminal sanctions, which means that it also regulates actions that are classified as criminal offenses.Using normative legal research methods with a statutory regulation approach (statute approach), this article intends to describe the development of the regulation of sanctions and analyze the construction of criminal acts and the sanctions that surround them as regulated in the Science and Technology National System Law and the laws that were previously in effect. Based on the research conducted, it can be concluded that there has been a development of criminal acts in the field of science and technology, namely the addition of types of offenses, additional types of additional punishments and ballast punishments. This development is a change for the better because it provides clarity and certainty for actions that are considered dangerous and potentially harmful in a more comprehensive manner.

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