Focus and Scope
Smart: Journal of Criminal Law Review and Analysis (SCrim) is committed to advancing high-impact, peer-reviewed legal scholarship by providing a comprehensive forum for the rigorous examination of criminal jurisprudence, penal statutory regimes, and the systemic administration of justice. The journal deliberately bridges the doctrinal and empirical dimensions of criminal law, facilitating a critical dialogue that addresses both the unique complexities of the Indonesian legal landscape and the broader, rapidly evolving paradigms of global and transnational criminal justice.
I. Domestic Focus: The Indonesian Criminal Justice System
SCrim provides exhaustive coverage of substantive and procedural developments within Indonesian criminal law, particularly as the nation navigates the historic transition of its national penal code (KUHP). The journal seeks incisive scholarship that critiques lex lata and proposes lex ferenda across the following domestic domains:
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Substantive Statutory Reform and Jurisprudence: Critical analyses of statutory interpretation, judicial reasoning in Supreme Court (Mahkamah Agung) and Constitutional Court (Mahkamah Konstitusi) jurisprudence, and the evolving doctrines of mens rea and actus reus within the Indonesian context.
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Transformative and Restorative Justice: Advanced theoretical and socio-legal evaluations of alternative dispute resolution mechanisms within the penal system. This includes the implementation of transformative justice frameworks, penal mediation, and the application of restorative principles in adjudicating both minor offenses—such as specific categories of theft and property crimes—and systemic socio-legal disputes.
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Customary Criminal Law (Hukum Pidana Adat): Examinations of the integration, recognition, and constitutional tensions surrounding unwritten customary laws and local wisdom (kearifan lokal) as living law within the formalized state apparatus of criminal adjudication.
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Procedural Due Process and Law Enforcement: Doctrinal and empirical scrutiny of the Indonesian Code of Criminal Procedure (KUHAP), focusing on the protection of fundamental human rights during investigation, pre-trial motions (praperadilan), evidentiary standards, and the procedural efficacy of law enforcement agencies.
II. Global and Transnational Focus: International Criminal Law
Recognizing that contemporary criminal activity transcends sovereign borders, SCrim actively solicits scholarship that evaluates the architectures of international and comparative criminal law. The journal engages with global legal frameworks through the following sub-disciplines:
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Transnational Organized Crime: Legal and policy analyses of cross-border criminality, including human trafficking, narcotics syndicates, international terrorism, and the legal frameworks governing mutual legal assistance (MLA) and extradition protocols.
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International Criminal Tribunals and Human Rights: Critical reviews of the jurisprudence emerging from the International Criminal Court (ICC) and ad hoc tribunals, focusing on the prosecution of core international crimes (genocide, crimes against humanity, war crimes, and the crime of aggression) and their intersection with international human rights law.
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Comparative Penal Policy: Systematic comparative analyses of criminal justice systems across civil law, common law, and pluralistic legal traditions, identifying best practices, structural deficiencies, and cross-jurisdictional doctrinal harmonization.
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Corporate and White-Collar Crime on a Global Scale: The attribution of criminal liability to multinational corporate entities, anti-money laundering (AML) compliance, anti-corruption frameworks, and the extraterritorial application of domestic penal statutes.
III. Interdisciplinary and Emerging Paradigms
To fully capture the dynamic nature of criminality, SCrim encourages interdisciplinary methodologies that sit at the intersection of law, sociology, economics, and technology:
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Environmental Criminal Law: Deep doctrinal analyses of the penal sanctions governing the management and exploitation of natural resources. This encompasses corporate liability for environmental degradation, illegal logging, marine pollution, and the enforcement mechanisms designed to protect ecological integrity.
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Cybercrime and Digital Forensics: The legal challenges posed by the digitalization of crime, including data breaches, state-sponsored cyber-espionage, algorithmic biases in predictive policing, and the admissibility of complex digital evidence in the courtroom.
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Criminology and Penology: Sociological evaluations of the carceral state, prison reform, recidivism rates, the efficacy of rehabilitative sanctions, and the socio-economic determinants of crime.