scholarly journals Overcoming Corporal Punishment of Children: an Evaluation Toward Indonesian Penal Policy Nowdays

2018 ◽  
Vol 54 ◽  
pp. 08017
Author(s):  
Rusmilawati Windari ◽  
Supanto ◽  
Widodo Tresno Novianto

Currently, corporal punishment is no longer accepted as an effective measure in disciplining children. Under Article 19, 28, and 37 of the CRC, it has been regarded as breach of child’s right. Since 2006, the United Nations has evoked all countries to conduct legal reform pertaining prohibition of this act in all settings. Until today, Indonesia has been reviewed as a country where corporal punishment of children remains lawful. Nonetheless, Indonesian Government has rejected the review and insisted that the current penal policy is sufficient to protect children from that deed. In fact, the implementation of current penal policy toward corporal punishment unfortunately came up with problems of law enforcement. For instances,law enforcement against Aop Saopuddin and Dharmawati’s cases that apparently has surpassed the limits of criminal law itself, and brought about injustice for teachers.This paper provides a qualitative analysis of Indonesian penal policy relating to physical violence against children. It discusses a single issue, namely: has penal policy of Indonesia nowdays been appropriate to overcome corporal punishment of children?. This paper urges legislators to re-evaluate as well as to improve the quality of penal policy in respect to overcome corporal punishment of children fairly.

Lentera Hukum ◽  
2020 ◽  
Vol 7 (1) ◽  
pp. 37
Author(s):  
Ayu Izza Elvany

This paper analyzes how formulation policy of lobster seeds smuggling regulated in Indonesian law to optimize the effectiveness of illegal fishing enforcement, considering penal policy is the basis of criminal law operationalization. This research uses both statute approach and conceptual approach as legal research methods to analyze the issued legal problem. Fishery law in Indonesia regulated in Law No. 45 of 2009 amending Law No. 31 of 2004 concerning Fishery, especially Articles 88 and 16 paragraph (1) which cover the formulation policy of lobster seeds smuggling enforcement. This study will be analyzed into three aspects which are the conduct (the criminal offense), criminal liability, and sentencing system. The result shows that law enforcement regarding the smuggling of lobster seeds in Indonesia is ineffective due to the nonexistence of corporate criminal liability in the fishery law and its sentencing system is lack of both the specific minimum penalty regulation and the penal measures as criminal punishment. However, the draft of the fishery law has already set corporate criminal liability; hence it also regulates the penal measures, in the form of secondary sanctions. Nevertheless, instead of enacting the specific minimum penalty, the draft only determined the maximum penalty as well. Keywords: Formulation Policy, Fishery Law, Lobster Seeds Smuggling.


Author(s):  
Roman Borisovich Kulichev

This article is dedicated to the legal issues of protection of the rights of individuals who have concluded civil transactions under psychological duress, namely hypnosis. The object of this research is civil law relations that emerge in conclusion of transaction by individuals. The subject of this research is the person’s will and its characteristics in deciding to conclude a transaction under psychological coercion unrelated to physical violence, as well as legal consequences of concluding such transactions. The author examines the factors that contribute to conclusion of transactions under psychological coercion and possible reasons for psychological coercion. The article examines civil and criminal law methods of protection of the rights of citizens who concluded transactions with a defect of volition, but are legally capable and aware of their actions. The conclusion is made that the only effective way to protect the individual from concluding such transaction lies in cultivation of the will. It is noted that the key evidence in challenging such transactions is forensic psychiatry evaluation; however, its commission depends solely on the judge’s decision on a particular dispute. The author assumes that the implementation of punitive measures for coercing into conclusion of such transactions is improbable, since the law enforcement authorities would refuse to initiate a criminal case due to civil nature of the dispute. The scientific novelty of consists in carrying out a comprehensive analysis of both, civil and criminal law methods of protection of the rights of citizens who have concluded transactions with the defect of volition, and the possibility of their practical implementation.


2021 ◽  
Vol 4 (2) ◽  
pp. 1075-1080
Author(s):  
Imanuel Sembiring ◽  
Ediwarman Ediwarman ◽  
Marlina Marlina

This paper aims to examine and analyze the rule of law, law enforcement and criminal policy against criminal acts without the right to control sharp weapons. To approach this problem, the theory of the legal system is used. The data were collected through interview guidelines and analyzed qualitatively. This study concludes that the rule of law regarding law enforcement against criminal acts without the right to control sharp weapons in demonstrations is regulated in Emergency Law Number 12 of 1951 in Article 2 paragraph (1), Law no. 9 of 1998 concerning Freedom to Express Opinions in Public in Article 16, Perkapolri No. 7 of 2012 concerning Procedures for the Implementation of Services, Security, and Handling of Public Opinion Cases in Article 8 letter j. Law enforcement against criminal acts without the right to control sharp weapons in demonstrations against the Criminal Code Bill at the Medan District Court is carried out through investigations, prosecutions and judges' decisions. The criminal law policy against people who carry sharp weapons in Medan City consists of a penal policy carried out by legally processing the perpetrators, followed by examining the defendants at trial. Non-penal policies as a preventive measure for criminal acts without the right to control sharp weapons are counseling, raids and community participation.


2021 ◽  
Vol 3 (1) ◽  
pp. 51-68
Author(s):  
Denis A. Gаrbatovich ◽  

Introduction. In science, it is already proved that the effectiveness of criminal legislation in relation to crime prevention is very limited. The criminal law is objectively unable to eliminate the causes of crime due to their social nature. Nevertheless, the regulation of non-criminal acts is a socially significant area of criminal law policy that helps to resolve or reduce the painful difficulties that arise in the process of law-making and law enforcement activities in relation to the criminal law. Theoretical Basis. Methods. The theoretical basis of the research is based on Russian doctrinal sources devoted to modern concepts of criminal policy, forms and means of its implementation, and the social consequences of mitigating or toughening criminal repression. Results. The social importance of the regulation of non-criminal legal acts is determined by the ability to resolve three central problems. Firstly law-making activities when determining the boundaries of criminalisation. Secondly, maintaining human resources to implement repressive penal policy. Thirdly conservation of the economic resource, as the impact of penal policy and define ensuring the principle of inevitability of criminal responsibility and alternative ways to resolve a criminal law conflict. This includes the possibility of self-defense of individual rights by means of criminal law. Discussion and Conclusion. Regulation of non-criminal acts is a kind of “safety mechanism” of criminal law policy. It is a means of protection against excessive criminalisation, a means of ensuring compliance of legislative formulas with the realities of life, and a means of ensuring a balance between lawmaking and law enforcement.


2021 ◽  
Vol 10 (11) ◽  
pp. e531101120059
Author(s):  
Liza Agnesta Krisna ◽  
I Nyoman Nurjaya ◽  
Prija Djatmika ◽  
Nurini Aprilianda

The implementation of Islamic law in Aceh is based on the special autonomy and privileges of Aceh. The implementation of Islamic law brings the spirit of formalizing Islamic teachings through formal state regulations, namely the Aceh Qanun. Qanun Jinayat is a regulation that regulates disgraceful acts that should be punished in the teachings of Islamic law or can be referred to as a compilation of criminal law in Aceh. There are ten types of jarimah (criminal acts) regulated in the Qanun Jinayat, two of which are jarimah of sexual harassment and jarimah of rape. During the implementation of the Qanun Jinayat related to the law enforcement of the crime of sexual violence against children, both crimes of sexual harassment and rape have attracted a lot of criticism from the public, this crime is seen as no longer regulated in the Qanun Jinayat because it has been regulated previously and is more complete in the Child Protection Law. The ratio legis for regulating sexual violence against children in the Qanun Jinayat is because this act is seen as a continuation of the act of khalwat. This study shows an inaccuracy in the formulation of the type of jarimah in the Qanun Jinayat and the neglect of horizontal harmonization of national law.


Rechtsidee ◽  
2018 ◽  
Vol 5 (1) ◽  
Author(s):  
Sri Suatmiati ◽  
Febrina Hertika Rani

In positive law, completion of  terrorism in Indonesia solved through Penal Policy/Policies of criminal law by issuing and publishing various legal products, a Substitute Regulation of Law (Perpu) No. 1 of 2002 regarding the eradication of criminal acts of terrorism, reinforced into Law Act No. 15 of 2003 the Government is also issuing Substitute Regulation of Law (Perpu) No. 2 of 2002 regarding the enactment of the Substitute Regulation of Law (Perpu) No. 1 in 2002 reinforced into Law Act No.16 of 2003 and Law Act No. 9 of 2013 regarding the prevention and eradication of criminal acts of Terrorism Financing, until forming the anti terror units from both the indonesian army forces, police or non governmental institutions. Police (Densus 88) as the main actor of law enforcement and disruption network of terror along with the Attorney General and justice system.


Author(s):  
Fathul Djannah ◽  
Muhammad Rizal

The aims of the study is to find out the law enforcement against perpetrators of domestic violence in terms of legislation and islamic law. this research was conducted by examining library materials or secondary data relating to divorce on the grounds of domestic violence. Furthermore, using a normative juridical approach, it is intended to get clarity about divorce on the grounds of domestic violence. The result shows that the criminal law policy in the formulation of a system of criminal sanctions against perpetrators of a crime in domestic violence according to the provisions of the Domestic Violence Act (UUPKDRT) uses an alternative formulation system type. Criminal sentences in the form of imprisonment or fines with minimum and maximum rules. In Article 44 (physical violence), Article 45 (psychological violence), and Article 49 (neglect) there is no stipulation of a criminal minimum limit that only mentions a maximum limit


Author(s):  
Алексей Геннадьевич Голубев

В статье изучаются пенитенциарные научные идеи доктора юридических наук, профессора В. Е. Эминова, высказанные им в научных и учебных работах с 2015 по 2018 г. Отмечено чередование в деятельности ученого периодов исследования уголовно-правовых и криминологических проблем и проблем исполнения наказаний. Дан анализ научных работ, написанных В. Е. Эминовым в соавторстве с И. И. Аминовым на тему «социальных лифтов» в уголовно-исполнительной системе и технологии их применения. Подчеркивается связь теоретического исследования этого социально-правового института с правоприменительной практикой. Автором обращено внимание на работы, в которых В. Е. Эминов высказал идею о составе наказания, соответствующем составу преступления и позволяющем таким образом подходить к наказанию каждого осужденного индивидуально. Проанализировано содержание учебного пособия, в котором ученый обобщил опыт применения Уголовно-исполнительного кодекса Российской Федерации за 20 лет (к моменту написания пособия), сравнив нормы Кодекса и реалии уголовно-исполнительной политики, а также акцентировав внимание на соотношении целей наказания. Отмечено различие уголовной и уголовно-исполнительной политики и в то же время их взаимосвязь и взаимозависимость, изученные В. Е. Эминовым и изложенные им в учебном пособии 2018 г. издания. Научный интерес как для автора настоящей статьи, так и для ученого, чье творчество он исследует, представляют социальные факторы уголовно-исполнительной политики, в связи с чем автором статьи раскрыто содержания терминов, примененных В. Е. Эминовым для понимания сущности изученных им факторов. В заключение сделан вывод о неразрывной связи уголовного права, криминологии и уголовно-исполнительного права, для которого уголовное право и криминология являются важнейшими источниками. The article examines the penitentiary scientific ideas of doctor of law, Professor V. E. Eminov, expressed by him in scientific and educational works from 2015 to 2018. It is noted that the scientist kind of alternated periods of research of criminal-legal and criminological problems with periods of study of problems of execution of punishments. Research papers written by V. E. Eminov in collaboration with I. I. Aminov on the topic of «social elevators» in the penal system and technologies of their application are studied. The connection of theoretical research of this socio-legal institution with law enforcement practice is emphasized. The author drew attention to the work in which V. E. Eminov suggested part of the punishment appropriate to the crime, allowing thus to approach the punishment of each convict individually. The content of the textbook is analyzed, in which the researcher summarized the experience of applying the Penitentiary code of the Russian Federation for 20 years (at the time of writing the manual), comparing the norms of the Code and the realities of penal policy, as well as focusing on the ratio of the goals of punishment. The difference between criminal and penal policy and at the same time their interrelation and interdependence, studied By V. E. Eminov and described in the textbook of the 2018 edition, is noted. Scientific interest both for the author of this article and for the scientist whose work he studies is represented by social factors of penal policy. In this connection, the author of the article reveals the content of the terms used By V. E. Eminov to understand the essence of the factors studied by him. In conclusion, it is drawn a deductiond that criminal law, criminology and criminal enforcement law are inextricably linked, for which criminal law and criminology are the most important sources.


2021 ◽  
Vol 12 (3) ◽  
Author(s):  
Dmitry Zhmurov

The author’s own teaching guide of the course “Cybervictimology” is presented. It is aimed at developing students’ scientific and research competencies within in the Master’s degree program “Criminal Law and Criminology” (major field of study is “Law”). Apart from that, the key objectives of the academic course are as follows: a) to inform students about the most relevant processes in the modern criminality, and specificities and changes in the status of victims afflicted by cybercrimes; b) to develop professional competencies related to efficiency of the future occupation in law enforcement; c) to develop skills of digital hygiene. Relevance of the proposed training course, its goals and tasks are described. The structure of lectures and seminars is outlined. Digital didactic technologies to be used in the course are detailed. To complete the course, a number of final testing forms (test questions, credit questions) ensuring quality of the acquired knowledge are introduced.


2018 ◽  
Vol 3 (02) ◽  
pp. 149-174
Author(s):  
Mokhammad Najih

Criminal law enforcement in Indonesia has always been a very crucial and the sexiest issue. Almost 35 years the idea of criminal law enforcement has been carried out and so far several concepts of the National Criminal Code have been born which continue to experience developmental dynamics that are quite interesting to study. The desire to realize a better criminal law and be able to fulfill the aspirations of the people is the ideal criminal law politics (penal policy). National Criminal Law must have characteristics that are typical of Indonesia, authentic and original, encompassing customary law, systems of values ​​and beliefs, characteristics of modern states and international values. Pancasila as the source of all sources of law, which has not received serious attention needs to be used as a recommendation for the paradigm of penal reform. Pancasila has at least the main principles that must be implemented in all formulations of criminal legislation. These principles are among others, principles based on the source of religious values (Godhead / Divine God), the value of humanity (humanism), the value of unity and peace, the value of democracy and the value of social justice. Therefore, Indonesian criminal law must have values that are based on Pancasila, both in the form of legal norms (addresaat norm), on the types of acts that are regulated (straafbar), in the form of punishment or sanctions (straafmaat), as well as regulatory aspects and implementation of law enforcement  law (formal law).


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