Legislation of the Republic of Kazakhstan Regarding Criminal Infractions and the Law Enforcement Practice

2018 ◽  
Vol 9 (1) ◽  
pp. 194
Author(s):  
Aibar S. NURKHAN
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
World Economy ◽  
Criminal Responsibility ◽  
Legal Framework ◽  
Criminal Code ◽  
Comparison Analysis ◽  
State Administration ◽  
The Law ◽  
The Republic

Studying of issues regarding criminal infractions – whether intended or imprudent – plays quite a significant role. Fundamental changes taking part in world economy and politics, globalization processes, as well as internal dynamics of country development, undoubtedly, have impact on national legal framework, including criminal law. Therefore, the main goal of the present paper is the analysis of legislation of the Republic of Kazakhstan regarding criminal infractions and the law enforcement practice. To reach this goal authors have used methods of comparison, analysis and data systematization. As a result it has been found that in Kazakhstan there are at average 4,3 registered criminal infractions per a convict. The term of criminal infraction has appeared in the Criminal Code in 2014 to cover offences of small gravity and administrative violations that cannot be referred to the sphere of state administration. Authors have revealed the punishment in the present day Kazakhstan is not a main form of criminal responsibility realization. In the majority of cases linked to criminal infractions the persons committed them are relieved from criminal responsibility at the stage of prejudicial inquiry.

scholarly journals Improvement of the criminal law norm on unlawful obtaining of a credit in the Republic of Tajikistan (article 264 of the Criminal code of the Republic of Tajikistan)

2019 ◽  
pp. 275-278
Author(s):  
Neru Mahmadzoda
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Law Enforcement Officers ◽  
Criminal Code ◽  
The Law ◽  
The Republic

This article is devoted to one of the topical issues of law — the improvement of the criminal law on unlawful obtaining of a credit (article 264 of the Criminal code of the Republic of Tajikistan). The article considers such problems as the correct formation of the text of the law in order to avoid ambiguity in the understanding of socially significant norms. In addition, it is noted upon the presence of a gap in the knowledge of law enforcement officers of blanket norms and concepts, reflected in the norm on illegal obtaining of a credit. It should be noted that the results of the study also demonstrate the relevance of issues in credit relations, including disproportion of fines in the sanctions of article 264 of the Criminal code of the Republic of Tajikistan to committed crimes and inclusion of such punishment as confiscation of property.

scholarly journals Exixtence of Indonesian Advocate Profession

2018 ◽  
Vol 7 (3.21) ◽  
pp. 317
Author(s):  
M Zamroni ◽  
. .
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Criminal Code ◽  
Pecking Order ◽  
The Rule Of Law ◽  
The Supreme Court ◽  
Before And After ◽  
Law Enforcement Officials ◽  
The Law ◽  
The Republic

Hope to have legislation that specifically set while an umbrella in running materialize advocate profession, lawyers are more confident in addition to other law enforcement officials, such as judges, prosecutors and police, as well as respected as an equal partner in the law enforcement process. But the big question is how the existence of the profession of advocate Indonesia before and after the enlawment of Act Number 18 of 2003 concerning the Advocate, as well as any constraints that occur in their implementation. The rule of law relating to the profession of advocate before the enLawment of Act Number 18 of 2003 concerning The Advocate, scattered in various laws, such as Act Number 1 of 1946 on the Law of Criminal Code, Act Number 1 of 1950 on the Supreme Court, Emergency Act Number 1 of 1951 governing temporary measures to organize the unity of the pecking order and civil court events, and Herziene Indlandsch Regalement (HIR). Before the release of Act Number 18 of 2003 concerning Advocates, advocate the use of the term in prLawice there has been no standard for the profession. In various provisions of the legislation of any inconsistency pr. For example Act Number 14 of 1970, as has been replaced by Act Number 35 of 1999, and was replaced again by Act Number 4 of 2004 as well as the latter is replaced by Act Number 48 of 2009, regarding the power of Justice, to use the term legal aid and lawyers. Birth of the Act of the Republic of Indonesia Number 18 of 2003 concerning The Advocate is the expectation of a long delayed during the 58 years since the independence of the Republic of Indonesia, the laws governing the profession of advocate a free, independent and responsible for the implementation of a judicial honest, fair, and legal certainty for all seekers of justice in upholding the law, truth, justice, and human rights.  

scholarly journals PERLINDUNGAN HUKUM TERHADAP NOTARIS PENGGANTI YANG AKTANYA BERMASALAH DITINJAU DARI UNDANG-UNDANG NOMOR 30 TAHUN 2004 JUNCTO UNDANG-UNDANG NOMOR 2 TAHUN 2014 TENTANG JABATAN NOTARIS

Jurnal MINUTA ◽  
2019 ◽  
Vol 1 (1) ◽  
pp. 20-27
Author(s):  
Arif Hidayat
Keyword(s):  
Criminal Law ◽  
Tax Evasion ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Civil Law ◽  
Criminal Offense ◽  
Actual Reality ◽  
State Administration ◽  
The Law ◽  
The Right

Notary in making an authentic deed must be able to account for the deed if it turns out that in the future problems arise from the authentic deed both in terms of criminal law, civil law or State administration. The problems arising from the deed made by the Notary need to be questioned whether it is the result of an error from the Notary or the error of the viewer who does not provide information in accordance with the actual reality to the Notary. Such negligence or error can occur because the Notary in question is lacking or does not understand the construction or legal actions desired by the viewer so that the deed made is contrary to the provisions of the law. Such negligence or error can also be deliberately carried out by the concerned Notary. This study focuses on Law Number 30 Year 2004 as amended by Law Number 2 of 2014 concerning Notary Position wherein this study discusses the Notary who is unable to carry out his position so he has the right to submit written leave request and at the same time accompanied by the appointment of a substitute notary. After a while, a lawsuit from a party that feels aggrieved results from the deed made by Si X as a Substitute Notary. The results of this study concluded that a notary who leaves as a substituted notary has responsibility for the deed made by his successor notary even though he is on leave from his position where the responsibility is in the form of civil liability, if the substitute notary commits an error within the scope of authority given by a notary to a substitute notary. So in that case the notary is also liable for losses suffered by the parties due to the deed made by the substitute notary. Because the notary who is replaced is the owner of the office, if the notary of origin will file leave then he will appoint an employee from his own office as a substitute notary. Criminal responsibility, in the case of a criminal offense, a notary who is replaced is not responsible, for example in the case of tax evasion. Criminal liability can only be imposed on a substitute notary if he makes a mistake outside his authority as a substitute notary. Then the notary whose leave cannot be held accountable. The substitute notary is also entitled to get the same protection and legal guarantees because every citizen has the same rights before the law.

PENANGANAN TINDAK PIDANA PEMILIHAN UMUM KEPALA DAERAH BERKAITAN DENGAN PRINSIP NEGARA HUKUM DAN DEMOKRASI

2019 ◽  
Vol 1 (1) ◽  
Author(s):  
Muhammad Ikhwan Rahman
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Criminal Code ◽  
Local Elections ◽  
Complex Problems ◽  
Post Conflict ◽  
The People ◽  
Legal Sanctions ◽  
General Elections ◽  
The Republic

AbstractLaw No.10 of 2016 concerning the Election of Governors, Regents and Mayors has included criminal provisions in Chapter XXIV, of course very much more complete when compared to the criminal provisions stipulated in the Criminal Code concerning crimes against carrying out obligations and rights which are classified certain acts, but the Criminal Code is deemed no longer relevant due to the increasingly complex problems in terms of the enforcement of criminal elections and post-conflict local elections. The essence of law enforcement itself can be interpreted as an act of implementing certain legal means to impose legal sanctions to ensure compliance with a rule. So that the mandate of Article 1 paragraph (2) of the 1945 Constitution of the Republic of Indonesia states that "sovereignty is in the hands of the people and carried out according to the Constitution" reflecting democratically the regional head elections as expected.Keywords: Criminal Law Enforcement of Regional Head General Elections, State of Law and DemocracyAbstrakUndang-Undang No.10 Tahun 2016 tentang Pemilihan Gubernur, Bupati dan Walikota telah memasukkan ketentuan pidana dalam Bab XXIV, tentu saja sangat jauh lebih lengkap jika dibandingkan dengan ketentuan pidana yang diatur dalam KUHPidana tentang kejahatan terhadap melakukan kewajiban dan hak kenegaraan yang dimana memiliki klasifikasi perbuatan tertentu, namun KUHPidana dianggap tidak lagi relevan akibat semakin kompleksnya persoalan-persoalan dalam hal penegakan pidana pemilu dan pemilukada. Esensi dari penegakan hukum itu sendiri yang bisa dimaknai sebagai tindakan menerapkan perangkat sarana hukum tertentu untuk memaksakan sanksi hukum agar menjamin pentaatan terhadap suatu aturan. Sehingga    amanat Pasal 1 ayat (2) Undang-Undang Dasar Negara Republik Indonesia Tahun 1945 menyatakan bahwa “kedaulatan berada di tangan rakyat dan dilaksanakan menurut Undang-Undang Dasar” yang refleksikan melalui pemilihan umum kepala daerah secara demokratis berjalan sesuai yang diharapkan.Kata Kunci: Penegakan Hukum Pidana Pemilukada, Negara Hukum dan Demokrasi

THEORETICAL AND PRACTICAL ASPECTS OF APPLYING THE PRINCIPLE OF NON BIS IN IDEM IN CRIMINAL PROCEEDINGS RIGHT UKRAINE

2018 ◽  
Author(s):  
Petro Olishchuk ◽  
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Criminal Code ◽  
Legal Responsibility ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
Judicial Decisions ◽  
European Court

The article analyzes the principle of non bis in idem in the context of the criminal legislation of Ukraine, as well as the identification of cases of violations of this principle by law enforcement bodies during the qualification of criminal offences and during the issue of judicial decisions. It is noted that criminal law is a branch of law that is connected with the establishment of a ban on committing a certain act under the threat of the application by the state of measures of coercion of a criminal nature. The establishment of such a ban and the determination of measures of criminal-legal coercion, as a consequence, for its violation, is potentially related to the restriction of human rights. Obviously, the restriction of these rights cannot be arbitrary and chaotic, but must be subject to certain rules, ideas, which reflect the general development of society. These include the principles of criminal law, in particular the principle of criminal law, enshrined in art. Article 61 of the Constitution of Ukraine states: “No one can be brought to legal responsibility twice for the same type of offence”. According to Article 2 of the Criminal Code of Ukraine, “no one may be brought to criminal responsibility for the same criminal offence more than once”. The article highlights the characteristic features of the investigated principle. It is stated that its role is extremely important for the internal construction of the field of law, as well as the correct normalisation and law enforcement. There are cases of violations of this principle by law enforcement bodies during the qualification of criminal offences and during the issue of judicial decisions, on examples of the practice of the European Court of Human Rights and Ukrainian judicial proceedings. The European Court of Human Rights’s case-law on the application of Article 4 of the Convention is inconsistent and, in some cases, even contradictory. The principle of non bis in idem in the resolution of the question of the inadmissibility of double incrimination ensures the observance of the rights of the person during the implementation of criminal prosecution, as well as ensures the completeness of criminal legal qualification, the individualization of criminal responsibility and punishment.

scholarly journals PERTANGGUNGJAWABAN PIDANA BAGI PELAKU PENGGUNAAN FREKUENSI RADIO TANPA IZIN BERDASARKAN UNDANG-UNDANG TENTANG TELEKOMUNIKASI (Criminal Of Perpetrators Of Use Of Illegal Radio Frequencies Under The Act Of Telecommunication)

2017 ◽  
Vol 16 (3) ◽  
pp. 265
Author(s):  
Budi Bahreisy
Keyword(s):  
Radio Frequency ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Information Service ◽  
The Public ◽  
Service Mission ◽  
The Law ◽  
The Republic ◽  
Main Thing ◽  
Radio Broadcast

Perkembangan pertanggungjawaban pidana sebagai pelaku tindak pidana adalah sesuai dengan tujuan dan fungsi hukum untuk memberikan sarana perlindungan masyarakat dan kesejahteran masyarakat, sebab kecenderungan melakukan pelanggaran hukum untuk memperoleh keuntungan yang sebesar-besarnya telah menjadi realita masyarakat. Telekomunikasi adalah setiap pemancaran, pengiriman, dan atau penerimaan dari setiap informasi dalam bentuk tanda-tanda, isyarat, tulisan, gambar, suara, dan bunyi melalui sistem kawat, optik, radio, atau sistem elektromagnetik lainnya, Penyiaran radio merupakan salah satu bagian dari Telekomunikasi. Perizinan adalah hal utama dari pengaturan mengenai penyiaran. Dengan kata lain, perizinan juga menjadi instrumen pengendalian tanggungjawab secara kontinyu dan berkala agar setiap lembaga penyiaran tidak menyimpang dari misi pelayanan informasi kepada publik. Seseorang dapat dimintapertanggung jawaban secara pidana adalah karena seseorang itu memiliki kesalahan.Kesalahan ada dua bentuk dalam hukum pidana.Pertama sengaja dan kelalaian keduanya sama-sama dapat dipertanggungjawabkan. Pertanggungjawaban pidana dapat diminta bagi pelaku penggunaan frekuensi radio tanpa izin tercantum pada Pasal 53 ayat (1) Undang-Undang Nomor 36 Tahun 1999 tentang Telekomunikasi yaitu dengan dipidana penjara paling lama 4 (empat) tahun dan atau denda paling banyak Rp.400.000.000AbstractThe development of criminal as perpetrators associated with the purpose and legal function to give protection facilities and prosperity to society, since the tendency to break the law to get a huge advantage have been a reality in society. Telecommunication is each broadcast, transmission, and or admission of each information in a signal, hint, writing, picture, voice and noise through the system of wire, optic, radio or another electromagnetic. The radio broadcast is one of the telecommunication. The licence is the main thing in broadcast settings. In another word, it can be charged with controlling instrument, continuously, and periodically in order to each broadcast institution does not take a side route of information service mission to the public. One can be taken a responsibility, criminally because he/she makes a mistake. It has two terms in criminal law, that is intentional and negligence, both can be charged into a criminal. The criminal responsibility may be imposed to perpetrators of radio frequency without permission as mentioned in article 53 paragraph (1) the Act of the Republic of Indonesia, Number 36, Year 1999 on Telecommunication can be punished by a maximum imprisonment of four years or a maximum fine of four hundred million rupiahs.

scholarly journals PENTINGNYA RESTORATIVE JUSTICE DALAM KONSEP IUS CONSTITUENDUM

2020 ◽  
Vol 5 (2) ◽  
pp. 253
Author(s):  
Zico Junius Fernando
Keyword(s):  
Law Enforcement ◽  
Restorative Justice ◽  
Criminal Law ◽  
Criminal Code ◽  
District Court ◽  
Long Distance ◽  
Law System ◽  
Compensation Mechanisms ◽  
The Supreme Court ◽  
The Republic

Abstract: The State of Indonesia is a state of law, the affirmation of this can be seen in Article 1 paragraph (3) of the 1945 Constitution of the Republic of Indonesia. The settlement of cases through the judicial system which results in a court verdict is law enforcement towards the slow path. This is because law enforcement through a long-distance, through various levels starting from the Police, Attorney General's Office, District Court, High Court and even to the Supreme Court which ultimately has an impact on the accumulation of cases which are not small in number in the Court and not to mention other effects. For this reason, it is necessary to proceed with the steps to compile invitations concerning the rights and obligations of citizens in the context of implementing the Pancasila and the 1945 Constitution. Renewal of the Criminal Code by its authors is positioned as the foundation for building a national criminal law system. Related to the Political Law of Criminal Law Renewal in the upcoming National Criminal Law there is a concept known as the Restorative Justice concept. Restorative Justice involves restoring relations between the victim and the perpetrator. The restoration of this relationship can be based on mutual agreement between the victim and the perpetrator. The victim can convey about the loss he suffered and the perpetrator was given the opportunity to make it up, through compensation mechanisms, peace, social work, and other agreements. Keywords: Restorative Justice; Legal Reform; RKUHP

scholarly journals Legal protection of victims under criminal law in the Republic of Macedonia

Temida ◽  
2008 ◽  
Vol 11 (1) ◽  
pp. 25-46 ◽  
Author(s):  
Oliver Bacanovic
Keyword(s):  
Juvenile Justice ◽  
Restorative Justice ◽  
Criminal Law ◽  
Legal Protection ◽  
Criminal Procedure ◽  
Criminal Code ◽  
Republic Of Macedonia ◽  
The Law ◽  
The Republic ◽  
Criminal Legislation

The author tried to outline the status of crime victims in Macedonian criminal and juvenile legislation by analyzing three legal texts referring to legal protection of victims under criminal law in the Republic of Macedonia (the Criminal Code, the Law on Criminal Procedure Act and the Law on Juvenile Justice). The basic questions which have been analyzed from the criminal substantial aspect include: the rights and interests of the victims as a consistent part of contemporary criminal policy and Criminal Code reforms, the elements of diversion model based on concept of restorative justice in criminal legislation and victimology aspects of some significant novelties in the special part of criminal law. In this article two dimensions dealing with a change of status of damaged person in criminal procedure of the Republic of Macedonia have been analyzed, while taking into consideration new trends and comparative experiences in this field. One dimension is the role of the damaged person and incorporation of elements of restorative justice in the criminal procedure, while the other dimension includes help and support of the victims and prevention of their secondary victimization. While analyzing suitable provisions of the Law on Juvenile Justice, the author focuses on its solutions that deserve more attention because of its innovations. The consequent realization of the concept on which this law is based on, and in which the victim, at the same time, has a significant role is another confirmation of the rule that the changes of juvenile legislation creates good basis for future reforms of criminal legislation regarding the adult offenders.

scholarly journals THE NORMATIVE RESOLUTION OF THE SUPREME COURT OF THE REPUBLIC OF KAZAKHSTAN “ON THE PRACTICE OF THE COURTS APPLYING THE CRIMINAL LAW IN CASES OF CRIMES RELATED TO VIOLATION OF THE RULES OF THE ROAD AND THE OPERATION OF VEHICLES” DATED JUNE 29, 2011, AND THE CRIMINAL LAW

2020 ◽  
pp. 69-75
Author(s):  
K.A. Bakishev
Keyword(s):  
Law Enforcement ◽  
Supreme Court ◽  
Criminal Law ◽  
Criminal Code ◽  
Criminal Offence ◽  
The Road ◽  
Regulatory Decision ◽  
The Supreme Court ◽  
Sufficient Degree ◽  
The Republic

The Concept of the legal policy of the Republic of Kazakhstan for the period from 2010 to 2020emphasizes that the criminal law must meet the requirements of legal accuracy and predictability ofconsequences, that is, its norms must be formulated with a sufficient degree of clarity and based on clearcriteria that exclude the possibility of arbitrary interpretation provisions of the law. Meanwhile, an analysisof the Criminal Code of the Republic of Kazakhstan shows that some articles on liability for road transportoffences are designed poorly. For example, Art. 346 of the Criminal Code of the Republic of Kazakhstan ischaracterized by a combination of formal and qualified corpus delicti, as well as two forms of guilt — intentand negligence; in Art. 351 of the Criminal Code of the Republic of Kazakhstan, the circle of subjects of thecriminal offence was significantly reduced due to the unjustified exclusion of drivers of non-mechanicalvehicles. As a result, the Supreme Court of the Republic of Kazakhstan in the regulatory decree «On thepractice of the courts applying the criminal law in cases of crimes related to violation of the rules of theroad and the operation of vehicles’ of June 29, 2011 made a number of errors and contradictions that led todifficulties in qualifying the criminal offence and the appointment criminal punishment. Taking into accountthe law-enforcement and legislative experience of Kazakhstan and other countries in the field of ensuringtraffic safety, the author proposes amendments and additions to the named regulatory decision of theSupreme Court of the Republic of Kazakhstan to improve its quality and improve law enforcement practice.

scholarly journals Kebijakan Hukum Pidana Terhadap Kejahatan Cyber Bullying di Indonesia

2019 ◽  
Vol 7 (2) ◽  
pp. 59
Author(s):  
Abdul Sakban ◽  
Sahrul Sahrul ◽  
Andi Kasmawati ◽  
Heri Tahir
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Police Officers ◽  
Industrial Revolution ◽  
Hate Speech ◽  
Law Enforcement Officers ◽  
Criminal Code ◽  
Cyber Bullying ◽  
Legal Issue ◽  
The Republic

Terjadinya kejahatan tersebut adalah kurangnya kontribusi penegak hukum dalam melakukan pengawasan dilingkungan sekolah, masyarakat, keluarga, dan diri pribadi dalam melakukan interaksi baik di media online maupun offline. Selain itu, kurangnya pemahaman aparat kepolisian dalam mengimplementasikan esensi Surat Edaran Hate Speech Republik Indonesia, Kitab Undang-Undang Hukum Pidana (KUHP). Tujuan yang akan dicapai dalam artikel ini adalah kebijakan hukum pidana terhadap kejahatan cyber-bullying di Indonesia, dan kebijakan hukum kriminal untuk era revolusi industri 4.0 dalam menyelesaikan kejahatan cyber-bullying. Penelitian ini menggunakan penelitian yuridis normative yang bersifat kualitatif. Pengumpulan bahan-bahan hukum dilakukan dengan mengidentifikasi dan menginventarisasi peraturan perundang- undangan, meneliti bahan pustaka, dan sumber-sumber bahan hukum lainnya. Teknik analisis isu hukum (legal issue) dalam penelitian ini menggunakan logika berpikir campuran. Maksudnya penalaran (hukum) yang merupakan gabungan dari pola pikir induktif (inductive) dan deduktif (deductive) dalam persoalan hukum faktual yang konkrit. Hasil penelitian menunjukkan bahwa kebijakan hukum pidana dalam menyelesaikan kejahatan cyber-bullying dapat terapkan oleh aparat penegak hukum berupa KUHP dan Undang-Undang No. 8 Tahun 2018 tentang Informasi Teknologi Elektronik dengan melihat isi penjelasan pasal demi pasal dan konten kejahatan yang dilakukan oleh pelaku. Kebijakan hukum Pidana di era revolusi industry 4.0 tetap mengacu pada aturan yang berlaku di Indonesia. The occurrence of such crimes is the lack of law enforcement contributions in conducting supervision in school, community, family, and personal self in the interaction of both online and offline media. In addition, the lack of understanding of police officers in implementing the essence of circular Hate Speech of the Republic of Indonesia, the Criminal Code of Law (PENAL). The objectives to be achieved in this article are the policy of criminal law against cyber-bullying crimes in Indonesia, and the policy of criminal law for the era of the 4.0 industrial revolution in resolving cyber-bullying crimes. This research uses normative juridical research that is qualitative. The collection of legal materials is done by identifying and invarizing the legislation, examining the library materials, and other sources of legal materials. Technical analysis of legal issues in this study used mixed-thinking logic. It means reasoning (the law) which is a combination of inductive (inductive) and deductive mindset in the case of a concrete factual law. The results showed that criminal law policies in resolving cyber-bullying crimes could be applied by law enforcement officers in the form of penal CODE and law No. 8 year 2018 on electronic technology information by looking at the contents Article-by-article explanations and crime content committed by the perpetrator. The criminal Law policy in the 4.0 Industrial Revolution era continues to refer to the prevailing rules in Indonesia

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