scholarly journals Formulation Policy of Weekend Detention In Indonesia Criminal Law Reform

2020 ◽  
Vol 5 (1) ◽  
pp. 1-14
Author(s):  
Muhammad Thaufik Hidayat ◽  
Anis Widyawati

The purpose of this study is to explain and describe how the formulation policy of weekend detention in Indonesia's positive law and how the formulation policy of weekend detention in the Indonesian criminal law reform in the future  (ius constituendum). This research uses normative juridical method of research which is legal research conducted by examining the library material in the form of secondary data such as law or library material as well as other documents that support and data retrieval technique used is library research techniques and analysis of data used is interactive analysis model. The results showed that (1) criminal formulation policy the weekend detention in Indonesia's positive law of the arrangement in the correctional Institution is not regulated about the policy of weekend detention. However, in Indonesian positive law formulation has an assimilation program which is one of the programs in the actual criminal implementation almost resembles a weekend detention system. (2) The policy formulation of the weekend detention in the renewal of Indonesian criminal law (penal policy) can be done by the study of the law comparative countries such as France, Portugal, Vanuatu, Queensland and New South Wales that have implemented a relatively advanced prison system that is the weekend detention. The formulation of weekend detention that is expected to be valid in Indonesia in the future is to develop it firmly in the draft Penal code and paste it in article 65 the Draft Penal code or if the government is about to arrange codification in the law of criminal implementation, the weekend detention is entered in one of the types of criminal sanctions.

2016 ◽  
Vol 1 (1) ◽  
Author(s):  
Marisa Kurnianingsih

Abstract This paper focuses on the criminal law formulation policy related to criminal Law No. 22 of 2009 concerning Traffic and transportation. The policy formulation certainly need to be tied in every stage of the making, the implementation and accomplishment in order to create a sustain system.  The formulation policy or the stage of making the law is a fundamental policy in criminal law policy because formulation policy is determinant of to whether a law could be applied in society. The issues discussed in this paper are: (1) How the formulation policy of criminal law in Law Number 22 Year 2009 regarding Traffic and transportation? (2) How the formulation policy of criminal law in the Law of Traffic and Transportation in the future? Firstly, the formulation policy of Law Number 22 Year 2009 regarding Traffic and Transportation will be discussed with three main discussion of criminal law which are criminal offense, criminal liability, and crime. Secondly, for the formulation policy of criminal law in the Law concerning traffic and transportation in the future the writer employs the concept of Penal Code 2012 as consideration to attain a formulation that could improve the current formulation. Such formulations are as followed:(a) qualifying offense should be retained but must be consistent with the legislators in the inclusion of criminal penalty so legal result will be clear. (b) In the arrangement of criminal penalty the criminal objective and guideline is needed. Keywords: policy formulation, criminal law, and Traffic


AKADEMIKA ◽  
2020 ◽  
Vol 13 (02) ◽  
Author(s):  
Achmad Fageh

Abstract: Efforts to bring together the synergity of positive legal products and the value of morality of the nation as the wisdom of local cultures to-Indonesiaan needs the seriousness of various parties. Specifically, the provisions of the law governing adultery that truly reflect the aspirations and values that live in the community and are moral mirroring, are indispensable to the attention of many other aspects that Need to also note. While awaiting its realization, the author considers it to be no longer the time when all parties excuse that the freedom and privacy of a person in the sex field is ' closed ' to the law, so that the criminal law stops at the front door of the room. Therefore, maintaining the notion of adultery according to the PENAL code (which is now in force), is the same by validating the sofsion of the values of goodness that live in society. Do we have to be flashed and want to keep that detrimental ' privacy '? Do we still have to ' endure ' by skipping.The formulation of TP fornication in the RUU KUHP has a wider scope than arranged in the KUHP. This is reflected in article 417 and article 419 RUU KUHP, which arranges about the deed of intercourse with a person who is not a husband or his or his/her "collect Kebo" act. Controversy appear as the Delik fornication arranged in both of the article is a complaints delics (still equal to the Delik fornication in article 284 KUHP). The fornication act is not changed to a common delics that can be reported by anyone who knows the deeds. From the subject side, the right to complain has been expanded in a RUU KUHP, which can be complained by a husband, wife, parent, or child.Keywords: Free sec, positive law, national morality


2018 ◽  
Vol 2 (3) ◽  
pp. 147-160
Author(s):  
Lucky Endrawati

Hukum pidana adat terdapat kaedah-kaedah yang mencerminkan nilai-niIai moral yang tinggi yang berlaku secara universal bagi seluruh masyarakat di Indonesia. Dengan demikian dapatlah disimpulkan bahwa hukum pidana adat telah mencerminkan nikai-nilai dalam pendekatan hukum progresif. Oleh karena itu, hukum pidana adat adalah mutlak perlu mendapatkan tempat bagi pembentukan KUHP Nasional di masa yang akan datang sebagai salah satu upaya pembaharuan hukum. Namun kiranya perlu dipertimbangkan bahwa didalam memberikan tempat kepada hukum pidana adat bagi pembentukan KUHP Nasional tersebut hendaknya dicari kaedah-kaedah yang hanya berlaku secara universal bagi seluruh masyarakat. Kaedah-kaedah tersebut kemudian dikodifikasikan dalam KUHP Nasional, sehingga ia akan menjadi kaedah-kaedah KUHP Nasional semata-mata, bukan sebagai kaedah hukum pidana adat lagi. Dalam hal ini berarti bahwa kedudukan hukum pidana adat telah digantikan hukum pidana nasional, namun yang tetap dijiwai perasaan hukum yang hidup didalam seluruh masyarakat di Indonesia. Adapun konsep transplatasi sanksi bagi pelanggar hukum pidana setempat, sebaiknya pengadilan memilih menjatukan tindakan (maatregel) yang dipertimbangkan dapat memberikan beban bagi si pelanggar, namun sebaliknya dapat memberikan manfaat langsung bagi rnasyankat setempat. Hal ini bertujuan mengembalikan keseimbangan yang ada didalam masyarakat yang bersangkutan. Hal yang kiranya perlu mendapat perhatian didalam menjatuhkan sanksi kepada si pelanggar hukum pidana setempat adalah : 1. Beratnya sanksi yang berupa tindakan tersebut disesuaikan berat ringannya pelanggaran yang dilakukan. 2. Beratnya sanksi juga disesuaikan dengan tingkat kemampuan si pelanggar yaitu sejauh mana ia dapat melaksanakan sanksi itu. 3. Apabila pelanggaran hukum pidana adat setempat tersebut ternyata terdapat pidananya didalam KUHP NasionaI, maka yang barus dipergunakan banyalah kaedah dan sanksi yang dirumuskan didalam KUHP Nasional. Customary criminal law has methods that reflect high moral values that apply universally to all people in Indonesia. Thus it can be concluded that customary criminal law reflects values in a progressive legal approach. Therefore, customary criminal law is absolutely necessary to get a place for the formation of the National Criminal Code in the future as an effort to reform the law. However, it is important to consider that in providing a place for customary criminal law for the establishment of the National Penal Code, methods should be sought that are universally applicable to all people. These methods are then codified in the National Criminal Code, so that they will become the National Criminal Code solely, not as a customary criminal law method anymore. In this case it means that the position of customary criminal law has been replaced by national criminal law, but that is still imbued with a feeling of law that lives in all people in Indonesia. As for the concept of transplanting sanctions for local criminal law offenders, the court should choose to unite actions (maatregel) which are considered to be a burden on the offender, but instead can provide direct benefits to the local community. This aims to restore the existing balance in the community concerned. Things that need attention in imposing sanctions on local criminal offenders are: 1. The severity of sanctions in the form of such actions is adjusted for the severity of the violations committed. 2. The severity of the sanction is also adjusted to the level of the offender's ability, namely the extent to which he can implement the sanction. 3. If the violation of the local customary criminal law turns out to have a criminal offense in the National Criminal Code, then only a number of methods and sanctions should be used which are formulated in the National Criminal Code. 


2021 ◽  
Vol 1 (2) ◽  
pp. 22-42
Author(s):  
Kania Mulia Utami ◽  
Ridwan Ridwan ◽  
Aan Asphianto

ABSTRAK Penelitian ini bertujuan untuk  untuk membahas tentang pertanggungjawaban pidana terhadap pengguna jasa prostitusi dalam perspektir perbandingan Indonesia dan Swedia. Tipe penelitian ini adalah penelitian normatif. Hasil Penelitian ini menghasilkan kesimpulan bahwa menurut hukum positif di Indonesia tidak adanya pertanggungjawaban pidana yang  dapat menjerat pengguna jasa prostitusi secara jelas dan tegas sehingga belum efektif dan menyebabkan tidak maksimalnya dalam penanggulangan prostitusi itu sendiri. Apabila tidak ada aturan hukum di indonesia yang mengatur tentang pengguna jasa prostitusi, maka para pengguna jasa prostitusi akan merasa aman dan tetap leluasa  membeli jasa untuk kepuasan mereka semata. Berbeda dengan kebijakan hukum di Swedia yang sudah memiliki aturan yang dapat menjerat hukum terhadap pengguna jasa prostitusi. Pertanggungjawaban pidana dalam hal ini sangatlah diperlukan pengaturan yang jelas dan tegas, oleh karena itu diperlukan pembaharuan hukum pidana terkait pertanggungjawaban pidana bagi para pengguna jasa prostitusi di Indonesia. ABSTRACT This article aims to discuss criminal liability on prostitution clients criminal liability in a comparative study between indonesia and swedish . This research is normative.  The result of this study lead to the conclusion that based on the positive law in Indonesia there is no criminal liability that can ensnare the users of prostitution service clearly and decisively so there is not effective and not too optimum of handling prostitution. If there is no legal rule in Indonesia that regulates the users of prostitution services, then the users of prostitution services will feel safe and remain free to buy services for their satisfaction. Unlike the legal policy in Sweden which already has rules that can ensnare the law against prostitution service users. Criminal liability in this case is clearly and strictly needed, therefore, criminal law reform is needed related to criminal liability for users of prostitution services in Indonesia.


2010 ◽  
Vol 16 (3) ◽  
pp. 193-198 ◽  
Author(s):  
Nuwan Galappathie ◽  
Krishma Jethwa

SummaryIn England and Wales diminished responsibility is a partial defence to the charge of murder. If successfully argued by the defence, it reduces the charge from murder to manslaughter and thus avoids the mandatory life sentence. Alcohol has been reported to be a feature in up to 80% of all homicides but for many years the judiciary have set an almost unattainable threshold for the disease of alcoholism to amount to a finding of diminished responsibility, in accordance with other aspects of criminal law. Reform of the law on murder is likely to take many years but it is timely to recap the current law on diminished responsibility and review advances in case law in England and Wales on alcohol.


2019 ◽  
Vol 23 (3) ◽  
pp. 319-355 ◽  
Author(s):  
Julian V. Roberts ◽  
Andrew von Hirsch

Changes to the sentencing process in Canada are finally imminent. A number of reports in recent years have called for reforms in the area of sentencing and parole. In 1987, the Canadian Sentencing Commission released its final report Sentencing Reform: A Canadian Approach. This was followed in 1988 by the report of the Daubney Committee following its investigation into sentencing and parole. In addition to these proposals, the now-defunct Law Reform Commission of Canada, the Department of Justice and the Ministry of the Solicitor General all published reports containing reform proposals. In this article, the authors review recent events in the area of sentencing since the publication of the report of the Canadian Sentencing Commission. After a brief introduction, four principal policy issues are examined: (i) statutory statements of sentencing purpose; (ii) sentencing guidelines; (iii) the future of release on parole; (iv) the creation of a permanent sentencing commission for Canada. For each issue, the article critically examines the position taken by major players in the area of criminal law reform. The article concludes with a brief examination of Bill C-90, which recently received first reading, and which will be the object of further parliamentary scrutiny in the fall of 1992. In a subsequent article, the authors offer their own proposals to reform the sentencing of offenders in Canada.


Justicia ◽  
2014 ◽  
Vol 19 (26) ◽  
Author(s):  
Consuelo Amparo Henao Toro ◽  
Ingrid Regina Petro Gonz ◽  
Felipe Andrés Mar

El presente artículo analiza la Justicia Penal Militar colombiana, su origen y evolución desde la vigencia del Decreto 2550 de 1988, según el cual los miembros de la Fuerza Pública podían ejercer simultáneamente las funciones de comando con las funciones de jurisdicción, toda vez que quien juzgaba no se encontraba técnicamente habilitado para desarrollar esa función por carecer de formación jurídica profesional y debía depender de terceras personas para emitir sus fallos, situación que contrariaba los principios de independencia e imparcialidad. Posteriormente, con la creación de la Ley 522 de 1999, actual Código Penal Militar, esas funciones fueron separadas y prohibidas, lo que amerita analizar estos principios a la luz de esta normativa penal militar.   AbstractThis article analyzes the Penal Military Colombian Justice system, its origin and evolution from the enforcement of Decree 2550 of 1988 according to which members of the security forces could exercise the functions of command simultaneously with the functions of jurisdiction, since he was deemed not technically qualified to perform that function due to lack of professional legal training and had to rely on third parties to issue their decisions, a situation that went against the principles of independence and impartiality. Later, with the creation of the Law 522 of 1999 current Military Penal Code, these functions were separated and thus deserving prohibited discuss these principles in light of the military criminal law.


2018 ◽  
Vol 1 ◽  
pp. 46-56
Author(s):  
Aleksandr V. Fedorov ◽  
◽  
Mikhail V. Krichevtsev ◽  

The article reviews the history of development of French laws on criminal liability of legal entities. The authors note that the institution of criminal liability of legal entities (collective criminal liability) dates back to the ancient times and has been forming in the French territory for a long time. Initially, it was established in the acts on collective liability residents of certain territories, in particular, in the laws of the Salian Franks. This institution was inherited from the Franks by the law of the medieval France, and got transferred from the medieval period to the French criminal law of the modern period. The article reviews the laws of King Louis XIV as an example of establishment of collective criminal liability: the Criminal Ordinance of 1670 and the Ordinances on Combating Vagrancy and Goods Smuggling of 1706 and 1711. For the first time ever, one can study the Russian translation of the collective criminal liability provisions of the said laws. The authors state that although the legal traditions of collective liability establishment were interrupted by the transformations caused by the French Revolution of 1789 to 1794, criminal liability of legal entities remained in Article 428 of the French Penal Code of 1810 as a remnant of the past and was abolished only as late as in 1957. The publication draws attention to the fact that the criminal law codification process was not finished in France, and some laws stipulating criminal liability of legal entities were in effect in addition to the French Penal Code of 1810: the Law on the Separation of Church and State of December 9, 1905; the Law of January 14, 1933; the Law on Maritime Trade of July 19, 1934; the Ordinance on Criminal Prosecution of the Press Institutions Cooperating with Enemies during World War II of May 5, 1945. The authors describe the role of the Nuremberg Trials and the documents of the Council of Europe in the establishment of the French laws on criminal liability of legal entities, in particular, Resolution (77) 28 On the Contribution of Criminal Law to the Protection of the Environment, Recommendation No. R (81) 12 On Economic Crime, the Recommendation No. R (82) 15 On the Role of Criminal Law in Consumer Protection and Recommendation No. (88) 18 of the Committee of Ministers to Member States Concerning Liability of Enterprises Having Legal Personality for Offences Committed in the Exercise of Their Activities. The authors conclude that the introduction of the institution of criminal liability of legal entities is based on objective conditions and that research of the history of establishment of the laws on collective liability is of great importance for understanding of the modern legal regulation of the issues of criminal liability of legal entities.


2020 ◽  
Vol 66 (3) ◽  
pp. 380-396
Author(s):  
Rainer Birke

In 2001, a new penal code was adopted in Ukraine after a comprehensive discussion in politics, legal science and society, replacing a codification of the Soviet era dating back to 1960, obviously unsuitable for the new realities. The new penal code of 2001 has been changed many times since then. This also applies to the criminal law provisions against corruption, evaluated and commended by GRECO. However, there is criticism of the criminal law system in Ukraine. A large number of the issues have little or nothing to do with the text of the penal code itself, but with deficits in the application of the law and the resulting loss of confidence in the activities of the law enforcement authorities. The judiciary is said to have a significant corruption problem and is significantly overloaded. The latter is to be counteracted by the introduction of the class of misdemeanor (“kryminalnyj prostupok”) in 2019 that can be investigated in a simplified procedure, which has been criticized, inter alia, because it bears the risk of the loss of quality and possibly infringes procedural rights. Also in 2019, the work on a once again completely new codification of the penal code was commenced, which is not entirely surprising in view to the existing criticism of manual errors or inadequacies of the recent code. It is to be hoped that Ukraine, with the existing will and the necessary strength, will succeed in the creation of a criminal law system that is fully in compliance with the rule of law and that a penal code will be drafted that finally finds full recognition in the society.


Author(s):  
I Putu Suwarsa

ABSTRACTThis research was conducted with the normative approach legislation. Factualapproach, analytical approach to the legal concept of a comparative approach in thecriminal judicial oversight of Children in Conflict with the Law in the criminal sistem inIndonesia.In formulating criminal law criminal policy oversight of Children in Conflict withthe Law in the guidance sistem of positive law in Indonesia, consists of 3 major topics:First, the substance of Children in Conflict with the Law into law in Indonesia, Second,Determination of sanctions / penalties against Children in Conflict with the Law inIndonesia's criminal law policy, Third, criminal oversight of Children in Conflict with theLaw and its relevance to the theory of punishment in modern criminal law in Indonesia.Criminal oversight of Children in Conflict with the Law as the integrative goals ofpunishment in accordance with the ideas and correctional sistem discussed 3 subjectsnamely: First, criminal oversight of anal naughty review of aspects of the integrativetheory of punishment, Second, Criminal oversight of Children in Conflict with the Lawreview of aspects of correctional sistem, Third, Criminal oversight of Children in Conflictwith the Law in terms of aspects of legal protection and benefit of the criminal lawrequirement for social welfare (children). And its application by all law enforcementcomponents and related institutions involved in handling cases of children in conflict withthe law in coaching children in prison.


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