Ius Poenale

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.

List of Papers (Total 62)

Artificial Intelligence–Generated Deepfake Pornography: A Normative Analysis of Criminal Liability and Victim Protection in Indonesian Law

The rapid development of artificial intelligence (AI) has facilitated the creation of deepfake pornography through non-consensual digital manipulation of a person’s image, raising significant legal and human rights concerns. This study aims to examine the adequacy of Indonesian positive law in addressing AI-generated deepfake pornography, analyze the construction of criminal...

Enhancing Law Enforcement Effectiveness in Addressing Land Mafia Practices to Safeguard Community Land Rights

This research examines the pervasive issue of land mafia practices in Indonesia, which pose significant threats to land rights and contribute to broader economic, social, and legal challenges. Employing a normative legal research methodology, the research evaluates the implementation of preventive and law enforcement measures, with particular focus on Ministerial Regulation No...

The Principle Of Lex Specialis Derogat Legi Generalis In The Crime Of Diploma Forgery

The issue addressed in this research is the enforcement of punishment for perpetrators of diploma forgery, which is not explicitly regulated in the Criminal Code but is implicitly and specifically addressed in Law No. 20 of 2003 concerning the National Education System. The aim of this research is to analyze the provisions related to the punishment of diploma forgery perpetrators...

The Role of Junior High Schools in Addressing Bullying: A Protective Framework for Victims

Bullying is a form of aggressive behavior often driven by anger or emotional distress, causing harm to others, particularly children. Legal protection for children in Indonesia is provided under Law No. 35 of 2014, amending Law No. 23 of 2002 on Child Protection, and reinforced by Permendikbudristek No. 46 of 2023 on the Prevention and Handling of Violence in Educational Units...

The Dynamics of 2024 Election Crimes in North Maluku

This research examines the characteristics of election crimes at each stage of the electoral process in North Maluku and analyzes the handling patterns employed by Sentra Gakkumdu, focusing on data that has been largely overlooked in previous research. Using an empirical legal research method with a conceptual and statutory approach, the research provides a comprehensive...

Depenalization of Medical Personnel Practicing Without a Practice License After the Enactment of the 2023 Health Law

The background of this research is that a doctor, as a medical professional, plays a crucial role in the healing process of patients based on knowledge and competence. The issue of doctors practicing without a valid practice license (SIP) has often been heard before the enactment of Law Number 17 of 2023 concerning Health, where the regulation on criminal sanctions for doctors...

Discourse on Conditional Death Penalty through Probationary Period of Imprisonment Under the New Criminal Code in Perspective of Restorative Justice

One of materials in New Criminal Cod states that the mandatory 10-year probation period for death row inmates in the latest Criminal Code (KUHP) is a solution taken to mediate between the ideas of the pros and cons of the death penalty The rules on the death penalty are regulated in Article 100 of the new Criminal Code. The article states that judges can impose death penalty with...

Abuse of Authority by Village Head in Cases of Sexual Violence against Women

The government's efforts to combat sexual violence in society are embodied in the Law on the Elimination of Sexual Violence, reflecting the State's responsibility to protect and improve the psychological well-being of victims, whether they have experienced physical or psychological harm. Protection of women in the workplace is crucial, and ensuring their rights is a legal...

Interpretation and Application of Criminal Law Regarding Blasphemy Under Article 156a of the Criminal Code

The offense of blasphemy is complex and confusing due to its three distinct definitions: offense according to religion, offense against religion, and offense related to religion. This lack of clarity results in no clear boundaries for defining what constitutes blasphemy. This article explores the legal interpretation of blasphemy through an analysis of various court decisions and...

SentraGakkumdu Challenges in Enforcing Election Crimes Under Law Number 7 of 2017: A Comparative Research of Indonesia and Nigeria

General elections in Indonesia are designed to ensure equality and justice for all voters and candidates, regardless of party affiliation. Despite these principles, election violations do occur, including criminal acts, breaches of ethical standards by election organizers, and administrative violations related to election procedures. To protect the integrity of elections, which...

Evidence Obtained Through Unlawful Means During Police Custody

In contemporary discussions, there is growing debate over the procedural methods employed by police in obtaining evidence from suspects while in custody. A key point of contention is whether evidence acquired through illegal means should be admitted in court, with some arguing that its admission violates the suspect's right to a fair trial, while others contend that such evidence...

Plea Bargaining as a Reform in Criminal Procedure Law: An Analysis of Article 199 of the Draft Criminal Procedure Code

The criminal justice process in Indonesia is characterized by lengthy proceedings, significant costs, and a growing prison population, highlighting the need for new policies to address these challenges. The adoption of the plea-bargaining concept, prevalent in common law jurisdictions, offers a potential solution for the Indonesian criminal justice system. Article 199 of the...

The Implementation of Legal Protection Against Economic Exploitation of Street Children in Yogyakarta City

This research investigated the initiatives undertaken by the Yogyakarta City government to legally protect street children from economic exploitation. It focused on the roles of key institutions such as the Department of Social Affairs, Labors, and Transmigration in the city of Yogyakarta along with the local Children Protection Commissioner. The research explored the challenges...

Sociological Analysis of Restorative Justice in Rehabilitative Law Enforcement for Drug Abuse Cases

The escalating trend in drug abuse, particularly among the youth, necessitates a unified approach from all law enforcement entities to address this shift in paradigm. It is essential to view drug addicts and victims of drug abuse not only as perpetrators but also as victims, warranting the incorporation of rehabilitation as an alternative form of punishment. The severity of...

Criminal Law Enforcement of Book Copyright Infringement in Digital Market Places in The Ecosystem E-Commerce Through Restorative Justice

Criminal law enforcement against book copyright infringement in Indonesia is still weak and has not ensured legal certainty in its protection. Justice for copyright holders is still not achieved in a restorative manner, due to not updated copyright rules in accordance with the development of digital markets in the marketplace. The purpose of this study is to analyze criminal law...

Legal Validity of Teleconference Witness in Indonesia’s Criminal Justice System

This research is motivated by the validity and legality of witness statements by teleconference in the justice system in Indonesia. And teleconference is a new invention in legal products in line with the development of technology and electronic information which is growing rapidly and developing. However, in the Criminal Procedure Code which forms the basis of criminal...

The Role of Legal Aid And Consultation Agencies Faculty of Law University of Muhammadiyah Sukabumi to Prevent Domestic Violence

This research was motivated by the ineffectiveness of the efforts of the government and social institutions, law enforcement agencies in reducing the number of domestic violence that occurs in the community, and especially for the role of legal aid institutions that provide legal assistance in assisting domestic violence cases is still ineffective, because people who need legal...

Legal Paradox: Protection of Victims Taking the Law into Vigilantism

Widespread public ignorance about vigilante behavior has led to violent incidents in which individuals use violence as a means to vent their emotions on criminals they apprehend directly. Unfortunately, some victims have lost their lives due to these actions. This behavior can be equated with the crime of torture when viewed from the perspective of Indonesian criminal law, which...

The Role of Investigators in Dealing With Criminal Acts of Child Promiscuity

This article aims to analyze the role of investigators in dealing with criminal acts of child promiscuity at the Lampung Regional Police and the inhibiting factors for the role of investigators in dealing with criminal acts of child promiscuity at the Lampung Regional Police. This type of research is a type of normative juridical research to examine and analyze cases handled by...

Criminologists on The Causal Factors of Unreported Narcotics Crimes

Efforts to overcome and eradicate narcotics crimes require community participation, especially in reporting narcotics crimes. Some people don't want to report knowing that there is a narcotic crime. The problem of this research is whether the factors that cause crime do not report the existence of narcotic crime and how our efforts to deal with crime against crime not reporting...

Imposition of Penalty below the Special Minimum in Narcotics Crime

Law number 35/2009 on Narcotics regulates the special minimum punishment. However, judges violate the minimum criminal limit, causing legal certainty and justice friction. This article examines legal certainty in consideration of judges in punishing the special minimum in narcotics crime cases. This research uses normative and empirical legal approaches through literature...

The Decide Trials in Absentia in Desertion Crimes

Military Members are limited by Laws and Military regulations so all the actions that are undertaken must also be based on Applicable laws and regulations. One of the most common crimes committed within the TNI is a criminal act of desertion desertion is the most prominent crime and must be done immediately resolved because it involves the integrity of the troop, it is necessary...

Criminal Liability Offender Forgery of Sporadic Land Certificates at Bandar Lampung National Land Agency

Forgery of letters is crime that often occurs in people's lives. One of cases of crime forging letters is in court decision No: 139/Pid.B/2022/PN. Tjk. The problem in examination is whether the judge's legal considerations in imposing a crime on the defendant for crime of forging letters and how the criminal liability of the perpetrators of the crime of forging the letter. This...

The Judges' Considerations Against Sentence for Narcotics Abuse Category I: English

The younger generation is being targeted as the threat of drug seizures rises in Indonesia. Narcotics are substances or drugs that can alter consciousness, cause loss of feeling, lessen or eliminate pain, and cause dependence. They can be derived from plants or non-plant sources and synthetic or semi-synthetic. As a result, drug users who commit crimes need rehabilitation in...

Insult in National Criminal Law and Islamic Criminal Law: Sanctions Perspective and Legal Developments Review

Insulting still very colorful in this life. Nevertheless, honor, dignity and fame for all people must be maintained and protected, and everyone must be safe from all disturbances and all efforts to humiliate based on Islamic provisions and state law. Based on this background, the formulation of the problem that will be discussed in this study is how are the sanction provision of...