scholarly journals THE IMPLEMENTATION OF DISCRETION ON CRIMINAL SETTLEMENT IN THE THEFT CASES

2017 ◽  
Vol 2 (1) ◽  
pp. 90-101
Author(s):  
Muhammad Ikbal
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Criminal Code ◽  
Criminal Cases ◽  
Principle Of Legality

On criminal law enforcement in Indonesia based on the principle of legality, especially in the case of theft criminal acts is necessary understanding of the purpose of punishment.Theft is a crime that has been formulated in the Indonesian Criminal Code, under Article 362. But punishment is not always done although the formulation of the offense is met because it sees in terms of subjective considerations of law enforcement. This research is normative research, so all data obtained in this research using secondary data.The results of this research are on the application of discretionary in settlement of criminal cases in the case of theft guided by the purpose of punishment and theories in the implementation of criminal law enforcement.So it is more to settling disputes out of court by usingrestorative justiceapproach

scholarly journals Mellem Skylla og Charybdis – træk af legalitetsprincippets historie i dansk strafferet

2017 ◽  
Vol 104 (1) ◽  
pp. 77-92
Author(s):  
Morten Kjær
Keyword(s):  
Criminal Law ◽  
Logical Consequence ◽  
Criminal Code ◽  
Criminal Cases ◽  
Wide Margin ◽  
Criminal Offenses ◽  
History Of ◽  
Principle Of Legality

This article deals with the history of the principle of legality in Danish criminal law. The principle of legality is a relatively new invention and was first introduced with the criminal code of 1866 § 1. Before that, courts were given broad discretion in criminal cases. This discretion must be viewed as the logical consequence of the lack of a comprehensive and systematic criminal code such as that first issued in 1866 where it replaced the sixth book in the National Law of Denmark1683. With the promulgation of a new systematic criminal code it was possible to introduce the principle of legality in Danish criminal law in 1866. While the principle of legality was designed to secure the predictability of the criminal law, measures were also taken in order to secure flexibility in the application of the code by the courts. The often casuistic definitions of the criminal offenses in the National Law of Denmark were thus replaced by abstract definitions and thecourts were generally left with a wide margin of discretion when it came to questions of punishment. The criminal code of 1866 was thus built on a compromise between legality and flexibility.

LEGAL CONTENT OF CATEGORY“PREPARATION FOR PERFORMANCE OF AN INTENTIONAL CRIME”

2020 ◽  
pp. 39-45
Author(s):  
V. F. Lapshin ◽  
E. H. Nadiseva
Keyword(s):  
Criminal Law ◽  
Scientific Literature ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Code ◽  
Criminal Cases ◽  
Judicial Practice ◽  
Special Part ◽  
Criminal Legislation ◽  
Principle Of Legality

The implementation of criminal liability for an unfinished crime, interrupted at the stage of preparation, is not consistent with the basic criminal law requirements, since the act committed at the stage of preparation, clearly does not contain any signs of a crime or its composition. At the same time, the imposition of punishment is carried out in accordance with the sanction of the norms of the Special part of the criminal code, which indicates the existence of an act not actually committed by the convicted person. This allows us to raise questions about the legality and necessity of bringing a person to criminal responsibility for an act recognized as preparation for the Commission of an intentional crime. The analysis of provisions of the current criminal legislation, sources of scientific literature, and also materials of judicial practice on criminal cases about incrimination of preparatory actions, allowed to draw a conclusion according to which attraction of the person to responsibility for Commission of the act characterized as preparation for Commission of crime, contradicts the principle of legality and justice. In this regard, it is proposed to change the current criminal legislation, eliminating the rules on the preparation of the Institute of unfinished crime.

scholarly journals PENERAPAN ASAS ULTIMUM REMEDIUM DALAM PENEGAKAN HUKUM PIDANA LINGKUNGAN HIDUP

2019 ◽  
Vol 3 (1) ◽  
pp. 15-22
Author(s):  
Imam Budi Santoso ◽  
Taun Taun
Keyword(s):  
Law Enforcement ◽  
Environmental Protection ◽  
Criminal Law ◽  
Environmental Law ◽  
Criminal Code ◽  
Criminal Sanction ◽  
Water Quality Standards ◽  
Environmental Laws ◽  
Administrative Sanction ◽  
Principle Of Legality

The enforcement of environmental law in Indonesia today is growing , environmental laws and regulations are continuously equipped for sustainable development. But, enforcement of environmental law is still not as expected, in environmental law enforcement there are several ways of settlement that must be taken, administratively, alternatives dispute resolution and criminal law, but in criminal law enforcement regulated in Article 100 paragraph (2) of Law Number 32 Year 2009 on Environmental Protection and Management, criminal acts can only be applied if the administrative sanction is not complied with or violation is more than one time, then in explanation point 6 of Law Number 32 Year 2009 on Environmental Protection and Management, enforcement of environmental criminal law should pay attention to the principle of ultimum remedium which requires the application of criminal law enforcement as a last resort after the implementation of administrative law enforcement is deemed unsuccessful, and the application of the ultimum remedium principle applies only to certain offensive crimes, namely the prosecution of violations of waste water quality standards, emissions, and disturbances. However, if it is related to the legality principle contained in Article 1 paragraph (1) of the Criminal Code and the basis of criminal abrogation, the ultimum remedium principle is contradictory, criminal law should continue based on the principle of legality and stopped by the ultimum remedium principle on the basis of criminal sanction, whereas the basis of criminal abrogation has been clearly defined in the Criminal Code.

LEGAL CONTENT OF CATEGORY“PREPARATION FOR PERFORMANCE OF AN INTENTIONAL CRIME”

2020 ◽  
pp. 39-45
Author(s):  
V. F. Lapshin ◽  
E. H. Nadiseva
Keyword(s):  
Criminal Law ◽  
Scientific Literature ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Code ◽  
Criminal Cases ◽  
Judicial Practice ◽  
Special Part ◽  
Criminal Legislation ◽  
Principle Of Legality

The implementation of criminal liability for an unfinished crime, interrupted at the stage of preparation, is not consistent with the basic criminal law requirements, since the act committed at the stage of preparation, clearly does not contain any signs of a crime or its composition. At the same time, the imposition of punishment is carried out in accordance with the sanction of the norms of the Special part of the criminal code, which indicates the existence of an act not actually committed by the convicted person. This allows us to raise questions about the legality and necessity of bringing a person to criminal responsibility for an act recognized as preparation for the Commission of an intentional crime. The analysis of provisions of the current criminal legislation, sources of scientific literature, and also materials of judicial practice on criminal cases about incrimination of preparatory actions, allowed to draw a conclusion according to which attraction of the person to responsibility for Commission of the act characterized as preparation for Commission of crime, contradicts the principle of legality and justice. In this regard, it is proposed to change the current criminal legislation, eliminating the rules on the preparation of the Institute of unfinished crime.

scholarly journals LEGAL CONTENT OF CATEGORY“PREPARATION FOR PERFORMANCE OF AN INTENTIONAL CRIME”

2020 ◽  
Vol 16 (1) ◽  
pp. 39-45
Author(s):  
V. F. Lapshin ◽  
E. H. Nadiseva
Keyword(s):  
Criminal Law ◽  
Scientific Literature ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Code ◽  
Criminal Cases ◽  
Judicial Practice ◽  
Special Part ◽  
Criminal Legislation ◽  
Principle Of Legality

The implementation of criminal liability for an unfinished crime, interrupted at the stage of preparation, is not consistent with the basic criminal law requirements, since the act committed at the stage of preparation, clearly does not contain any signs of a crime or its composition. At the same time, the imposition of punishment is carried out in accordance with the sanction of the norms of the Special part of the criminal code, which indicates the existence of an act not actually committed by the convicted person. This allows us to raise questions about the legality and necessity of bringing a person to criminal responsibility for an act recognized as preparation for the Commission of an intentional crime. The analysis of provisions of the current criminal legislation, sources of scientific literature, and also materials of judicial practice on criminal cases about incrimination of preparatory actions, allowed to draw a conclusion according to which attraction of the person to responsibility for Commission of the act characterized as preparation for Commission of crime, contradicts the principle of legality and justice. In this regard, it is proposed to change the current criminal legislation, eliminating the rules on the preparation of the Institute of unfinished crime.

scholarly journals PENERAPAN ASAS ULTIMUM REMEDIUM DALAM PENEGAKAN HUKUM PIDANA LINGKUNGAN HIDUP

2018 ◽  
Vol 3 (1) ◽  
pp. 15-22
Author(s):  
Imam Budi Santoso ◽  
Taun Taun
Keyword(s):  
Law Enforcement ◽  
Environmental Protection ◽  
Criminal Law ◽  
Environmental Law ◽  
Criminal Code ◽  
Criminal Sanction ◽  
Water Quality Standards ◽  
Environmental Laws ◽  
Administrative Sanction ◽  
Principle Of Legality

The enforcement of environmental law in Indonesia today is growing , environmental laws and regulations are continuously equipped for sustainable development. But, enforcement of environmental law is still not as expected, in environmental law enforcement there are several ways of settlement that must be taken, administratively, alternatives dispute resolution and criminal law, but in criminal law enforcement regulated in Article 100 paragraph (2) of Law Number 32 Year 2009 on Environmental Protection and Management, criminal acts can only be applied if the administrative sanction is not complied with or violation is more than one time, then in explanation point 6 of Law Number 32 Year 2009 on Environmental Protection and Management, enforcement of environmental criminal law should pay attention to the principle of ultimum remedium which requires the application of criminal law enforcement as a last resort after the implementation of administrative law enforcement is deemed unsuccessful, and the application of the ultimum remedium principle applies only to certain offensive crimes, namely the prosecution of violations of waste water quality standards, emissions, and disturbances. However, if it is related to the legality principle contained in Article 1 paragraph (1) of the Criminal Code and the basis of criminal abrogation, the ultimum remedium principle is contradictory, criminal law should continue based on the principle of legality and stopped by the ultimum remedium principle on the basis of criminal sanction, whereas the basis of criminal abrogation has been clearly defined in the Criminal Code.

scholarly journals Principles of Legality in Criminal Law from Perspective Fair Enforcement

2022 ◽  
Vol 05 (01) ◽  
Author(s):  
R Sugiharto ◽  
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Sense Of Community ◽  
Criminal Code ◽  
Legal Regulations ◽  
Legal Certainty ◽  
Community Justice ◽  
The Law ◽  
Principle Of Legality ◽  
Formal Justice

This study discusses the principle of legality in criminal law from the perspective of fair law enforcement. The formulation of the problem put forward is how to regulate the principle of legality in current criminal law and how the principle of legality in criminal law is currently from the perspective of law enforcement that is just. The conclusion of this study is that the regulation of the principle of legality in criminal law is currently regulated in Article 1 paragraph (1) of the Criminal Code which is the principle of formal legality, which requires an act committed to be determined as a criminal act if it is first stated in the legislation that valid at the time the act was committed, from the perspective of fair law enforcement, the legality principle in criminal law currently cannot be used as a basis for carrying out fair law enforcement, because in this legality principle it implies that an act is qualified as a mere criminal act. only based on legislation (written legal regulations). In the opinion of the author, that law enforcement that adheres to the principle of legality can only achieve legal certainty, but has not been able to realize justice. Justice should be realized through law enforcement which is not just formal justice according to the formulation of the law, but also substantial justice, namely justice that is truly in accordance with the sense of community justice based on the living law.

scholarly journals Konsepsi Hukum Progresif dalam Pengaturan Tindak Pidana Korupsi di Indonesia

2020 ◽  
Vol 1 (2) ◽  
pp. 35-39
Author(s):  
Efraim Mbomba Reda ◽  
I Nyoman Putu Budiartha ◽  
I Made Minggu Widyantara
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Role Models ◽  
Research Method ◽  
Criminal Code ◽  
Legal Positivism ◽  
Sociology Of Law ◽  
Legal Certainty ◽  
Legal Research ◽  
Descriptive Method

Progressive law puts forward the sociology of law rather than legal certainty which is the focus of legal positivism. In Indonesia, this law was coined by Satjipto Rahardjo. This study aims to determine the formulation of progressive law in future criminal law, and to determine the actualization of the concept of progressive law in regulating corruption in Indonesia. The research method used is a normative legal research method with statute and conceptual approaches. The technique of collecting legal materials in this study is a descriptive method that aims to obtain the meaning of reality related to the problems to be discussed and solved in this study. The results show that in the current Criminal Code Bill, progressive law has been regulated, to be precise in Article 2 paragraph (1) and (2). Progressive law is also regulated in Law no. 48 of 2009 concerning Judicial Power. Then, the actualization of progressive law in regulating corruption in Indonesia is a judge with the powers that take into account the sociological context of society in making decisions. Judges, prosecutors and lawyers can certainly discuss together in eradicating corruption. Efforts are also being made to reconstruct and redefine the power of law enforcement. This arrangement can also encourage the KPK to be more progressive in eradicating corruption, as well as building law enforcers who have morality so that they can become role models and increase public participation, for example by forming NGOs in preventing or fighting corruption in various agencies.

scholarly journals PROBLEMS OF ENFORCEMENT OF NORMS PROVIDING RESPONSIBILITY FOR ECOLOGICAL CRIMES 

2019 ◽  
Author(s):  
Т.Л. Магомадова ◽  
З.Л. Магомадова
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Criminal Code ◽  
Judicial Practice ◽  
Key Points ◽  
Environmental Crimes

В статье рассматриваются уголовно-правовые нормы, содержащиеся в гл. 26 УК РФ, устанавливающие ответственность за экологические преступления с точки зрения определения причин их низкой применяемости в судебной практике. Выделены наиболее актуальные уголовно-правовые проблемы, раскрыт ряд вопросов эффективности применения норм об ответственности за экологические преступления и проиллюстрированы ключевые моменты примерами правоприменительной практики, предложены пути законодательного их разрешения. The article discusses the criminal law contained in Sec. 26 of the Criminal Code, establishing liability for environmental crimes in terms of determining the causes of their low applicability in judicial practice. The most relevant criminal law problems are highlighted, a number of issues of the effectiveness of the application of the rules on liability for environmental crimes are revealed, key points are illustrated with examples of law enforcement practice, and ways to legislatively resolve them are proposed.

scholarly journals The Potential of Criminal Law in Protecting Labor Rights of Citizens (Using the Example of Article 136 of the Criminal Code of the Russian Federation)

2018 ◽  
Vol 12 (6) ◽  
pp. 836-844
Author(s):  
Michail Sagandykov ◽  
Galia Shafikova
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Theoretical Research ◽  
Labor Rights ◽  
Labor Legislation ◽  
The Russian Federation ◽  
The One ◽  
Criminal Legislation

The relevance of the study is based, on the one hand, on high public danger of crimes in the sphere of labor relations and, on the other hand, on a very low interest of law enforcement, control and supervision bodies in these crimes. The authors show that modern criminal legislation in the sphere of protecting labor rights has a high potential in comparison with both Soviet and foreign criminal law norms. At the same time, this potential, primarily expressed in Chapter 19 of the Criminal Code of the Russian Federation, remains untapped. Many norms, including Art. 136 of the Criminal Code of the Russian Federation «Violating the Equality of Rights and Freedoms of Man and Citizen», are virtually never used against discrimination in the labor sphere, although such discrimination is quite common. No such cases have been found in court statistical data, thus it is impossible to provide a comprehensive criminological description of these crimes. The norm of Art. 136 of the Criminal Code of the Russian Federation is seldom used by law enforcers because it is legally ambiguous. In this connection the authors suggest complementing the disposition of Art. 136 of the Criminal Code of the Russian Federation with such factors of discrimination as «age» and «marital status». The latter factor will make it possible to provide extra protection to pregnant women and women with children under three years old against unmotivated refusal of employment and firing. The authors argue that such actions of the employer should constitute an aggregate of crimes and should be punished simultaneously under Art. 136 and 145 of the Criminal Code of the Russian Federation. At the same time, the authors think that it is not appropriate to make the disposition of Art. 136 a blanket one due to vague grounds for discrimination in special legislation, including labor legislation. The obtained results could be used for the improvement of Russian legislation based on theoretical research and the practice of law enforcement.

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