Indonesian Journal of Criminal Law and Criminology (IJCLC)

Pelindungan Hukum Terhadap Penerapan Prosedur Keselamatan dan Kesehatan Kerja pada Pekerja PT. Sagatrade Murni Kota Samarinda

2025-03-29T16:32:43+07:00

The era of globalization and increasingly competitive developments require companies to maximize resources to create high-quality products. One of them is by having strong human resources (HR). Legal protection for the implementation of Occupational Safety and Health (K3) procedures is a crucial aspect in maintaining worker welfare and the sustainability of company operations as well as the supervisory function carried out by the government. This research was conducted empirically with primary and secondary data. The data was collected through literature studies and interviews with related parties through descriptive analysis and qualitative approaches. This study aims to determine the protection provided by the company for the implementation of K3 and the role of labor inspectors in the process. The results of this study indicate that the company has provided good protection to its workers including the provision of Personal Protective Equipment (PPE) in accordance with the Standard Operating Procedure (SOP). The role of the government in carrying out supervision and coaching is attempted to run optimally so that it can continue to be improved. This study emphasizes the importance of synergy between internal company protection and external supervision from the government to ensure the achievement of maximum occupational safety and health goals.

Analisis Urgensi Fungsi Victim Impact Statement dalam Proses Peradilan Pidana

2025-03-29T16:31:47+07:00

The criminal justice system is implemented based on the provisions of the Criminal Code and the Criminal Procedure Code, thus involving the relationship between the perpetrator, victim, and state. The position of the victim in the criminal system is often ignored so that providing their rights for the losses incurred is not implemented properly. The victim impact statement is a concept that prioritizes protection for victims that can be implemented in Indonesia to protect the basic rights of victims. This research is juridical-normative research. Data collection uses primary legal sources in the form of laws and regulations and opinions of legal experts. Based on the results of the study, it shows that the Criminal Code has not clearly stated the real or direct formulation regarding the provision of legal protection for victims, while the Criminal Procedure Code regulates the position of victims as witnesses who can be asked for information about what they see, hear, or experience. The formation of laws and regulations and the regulation of victim impact statements must be based on appropriate parameters so that victims should be able to provide statements of impact on the criminal acts that occur.

A Critical Examination of Blasphemy Offenses in the Criminal Code and Law No. 1 of 2023

2024-11-28T15:27:16+07:00

The Indonesian Criminal Code (Kitab Undang-Undang Hukum Pidana, or KUHP) represents a legal system devised with the objective of regulating conduct during the nation's formation and of aligning the objectives set forth by the Indonesian government. The objective of this study is to examine the definition of blasphemy as set forth in Article 300 of the New Criminal Code and Article 156A of the Criminal Code. This research employs a juridical-normative approach and descriptive writing technique to collect and analyze relevant legal materials, such as legislation. The findings of this study indicate that the definition of blasphemy as set forth in Article 156A of the Criminal Code is invalid and that its provisions are not aligned with the prevailing circumstances. It is imperative that the new KUHP definition of a religious criminal offense in criminal law be subjected to careful consideration, as it is the duty of the state to safeguard the freedom of religion and belief of its citizens.

Tinjauan Yuridis Penipuan Online Dikaitkan Aspek Pertanggungjawaban Pidana (Studi Kasus: Putusan Nomor 372/Pid.B/2020/PNSby)

2024-11-07T12:28:14+07:00

The development of information technology has a negative impact; for example, online fraud that carried out in various ways. Existing regulations have not been able to bridge the law enforcement of online fraud if law enforcement factors do not balance it, so it is important to know a judge's legal consideration in related criminal acts whether it is in accordance with the regulations, and the realization of legal certainty. Normative legal research with a descriptive approach, with secondary data includes primary, secondary, and tertiary legal materials. Data collection techniques is a literature study method, then analyzed qualitatively. The research aims to find out how the legal certainty in the Court Decision Number 372/Pid.B/2020/PN Sby. The results showed that Court Decision Number 372/Pid.B/2020/PN Sby is in accordance with the regulations and realizes legal certainty.

Policy Formulation on Criminal Legal Sanctions for Narcotics Crimes: Comparison Studi in Indonesia and Madagascar

2025-01-10T01:58:25+07:00

Narcotics crimes are on the verge of criminal acts that endanger the future of all Indonesian society and also damage education in Madagascar. This research aims to determine the policy for formulating criminal sanctions against drug users in Indonesia and Madagascar and to find out what aspects of punishment need to be prioritized for perpetrators of narcotics crimes on both sides. The author uses research methods with normative juridical legal research. The results of the research show that the effectiveness of law enforcement against criminal acts of abuse and illicit trafficking of narcotics in Indonesia and Madagascar is less effective. This is proven by the relatively short prison sentences handed down to perpetrators of narcotics abuse and distribution. Based on data collection from literature studies and case studies, perpetrators of drug abuse and illicit trafficking in Indonesia and Madagascar have increased from year to year. Efforts to various criminal sanctions objectives such as "Crime Reduction, Crime Suppression, Crime Prevention and Crime Control" have been carried out by the governments of Indonesia and Madagascar, both from the application of criminal sanctions and from the application of criminal sanctions. Law enforcement is already underway. Both by carrying out urine examination activities, counseling and seminars regarding the impacts and dangers of narcotics abuse as well as routine operations and special operations carried out by the police in both countries.