scholarly journals Qânûn Jinâyat Aceh dalam Perspektif Negara Hukum Indonesia

2016 ◽  
Vol 16 (2) ◽  
pp. 151-162
Author(s):  
Kamarusdiana Kamarusdiana

The Jinâyat Qânûn of Aceh in the Perspective of Indonesian Legal State. Act Number 18 Year 2001 on Specific Autonomy for Aceh as the province of Nanggroe Aceh Darussalam and Act Number 11 Year 2006 on Aceh Government further confirm that the existence of Islamic law in Aceh has become national law, in terms of legal materials, law enforcement officers, as well as increasing public awareness of Islamic law in Aceh. Jinayat Qanun in Aceh province is a renewal of criminal law in Indonesia because a good law must reflect the living law in the society. Therefore, the applied law in Aceh today can be used as a model of the national legal development in Indonesia.DOI: 10.15408/ajis.v16i2.4445

2021 ◽  
Vol 6 (2) ◽  
pp. 318
Author(s):  
Ani Yunita

Efforts to increase public awareness of the law are not only carried out on legal development but also on economic development, given the condition of Indonesia's economy leading to complex social problems. Referring to the above issue, the understanding towards the Indonesian people is necessary  to carry out economic development in accordance with the objectives of Indonesia's economic development to increase the welfare of the community. The article aimed to investigate the efforts to increase public legal awareness in supporting legal development and economic development in order to realize welfare. The method in this research was normative juridical by using descriptive qualitative analysis. In relation, secondary data were obtained from primary legal materials, secondary legal materials and tertiary legal materials. The results proved that increasing public legal awareness in legal and economic development should be conducted by the government and all parties involved. Hence the government and law enforcement officers can proceed through counseling, legal information, assistance and guidance so that people understand the importance of legal and economic development in order to realize order, certainty, justice and community welfare.


ADDIN ◽  
2017 ◽  
Vol 11 (2) ◽  
pp. 295
Author(s):  
Sri Endah Wahyuningsih ◽  
Jawade Hafidz

This paper aims to make efforts to develop the Criminal Code derived from the yudicial pardon value in Islamic law as a law that lives and thrives in society. The Criminal Code as the basis of criminal law enforcement is a legacy of the Dutch era which do not know peace to end up the case. It is not in accordance to Pancasila as the basis for legal development in Indonesia. Research method used socio legal and qualitative data analysis. The result of the research claims that Islamic law is a legal source in the development of the justice Criminal Code, forgiveness is possible in the <em>jarimah</em><em>-hudud</em> and <em>qisas-diyat</em> in solving the criminal case. Implementation in the development of the Criminal Code needs to be added to the reason for the abolition of criminal prosecution if between the perpetrator and the victim is already forgiven, further, in the case of a crime with a slight loss the judge may decide to be forgiven even if the defendant is found guilty.


2020 ◽  
Vol 2 (4) ◽  
pp. 493
Author(s):  
Bagus Langgeng Prasetiyo ◽  
Gunarto Gunarto ◽  
Munsharif Abdul Chalim

In the case of sexual crimes where the child victim, the victim could be the driving factors behind crime. For example, we say today is increasingly widespread promiscuity, children have been left free in terms of promiscuity and lack of supervision of their parents, the They were released along with others, go anywhere. So, with their innocence, they could be trapped in one association and exploited by the parties or adults who are not responsible. In such circumstances, the public, law enforcement officers and even a State shall be estimated on the protection and supervision of children, especially where children as crime victims of sexual crimes indeed very concerned and could undermine future portion of the prospective successor to the nation.Therefore, the authors are interested in writing this thesis titled "Analysis of State Court of Batang Decision No. 4 / Pid.Sus / 2018 / PN Btg About felony obscenity According to Islamic Criminal Law".In this study the authors use this type of research descriptive with normative juridical approach. Data were collected by literature study, observation and interviews. Methods of qualitative analysis.At the end of the study authors conclude that the author found consideration of the judge in the imposition of a criminal judgment against the defendant in Decision No. 4 / Pid.Sus / 2018 / PN.Btg compliance, that have noticed the elements of the criminal case, after seeing the Islamic law according to the author was still lacking and not worth the Hadd punishment. So the result rather than the judge's decision according to the author can not be unfair to the accused and the victim.Keywords: Juridical Studies; Felony Obscenity Crime; Islamic Criminal Law


Author(s):  
Dmitry Ovchinnikov

Currently, the economic sector of public relations is characterized by exceptional criminality. One of the main phenomena responsible for this is illegal money cashing. Almost every business entity considers it acceptable and even necessary to resort to various criminal schemes for obtaining unaccounted cash and tax evasion. The very type of this crime has actually become a thriving and profitable business, which consists in providing services for withdrawing funds from legal circulation. While the existing judicial and investigative practice in the issue of countering this phenomenon has not yet developed a clear answer about the need for appropriate qualifications. There are about a dozen articles of the criminal law in which law enforcement officers try to find the correct legal assessment, and at present, article 172 of the Criminal code of the Russian Federation “Illegal banking activities” deserves special attention.


2016 ◽  
Vol 47 (2) ◽  
pp. 185-204 ◽  
Author(s):  
Jacinta M. Gau ◽  
Erika J. Brooke

The present research evaluates recent changes to Florida law and policy to reduce problematic pain clinics (pill mills) and criminal diversion of prescription opioids. These changes entailed a multipronged effort linking regulatory and criminal-law approaches. Quantitative data from the Florida Department of Health and qualitative data from in-depth interviews with law-enforcement officers assigned to pill-mill taskforces reveal steep declines in pain clinics and pill mills. Respondents credit some regulatory enhancements for the reduction, although they describe some interagency cooperation problems and emphasize that despite success, many troublesome establishments continue to operate. The results suggest that Florida’s effort to reduce opioid diversion by tightening regulatory restrictions and law-enforcement scrutiny illustrates a multiagency approach to a problem spanning public health and criminal justice. This could be an example for other states seeking to combat problems that cannot be effectively addressed using regulatory or criminal law alone.


2021 ◽  
Vol 15 (1) ◽  
pp. 137-150
Author(s):  
Dahyul Daipon

The current condition of the Covid-19 pandemic is a time where almost everyone feels social and economic difficulties. Communities whose regions apply restrictions/quarantines are highly dependent on assistance from the government. This paper is a study and analysis of one question how the death penalty can be applied to perpetrators of corruption during the Covid-19 outbreak or pandemic. In the criminal law that applies in Indonesia, the death penalty for perpetrators of criminal acts of corruption is contained in Article 2 paragraph 2 of Law no. 31 of 1999 concerning the Eradication of Corruption Crimes. Meanwhile, in Islamic law, corruption is categorized as jarimah ta'zir. The results of this study conclude that during a pandemic, the death penalty can be applied to corruptors in accordance with the provisions of Article 2 of the Anti-Corruption Law and the provisions of Islamic criminal law as jarimah ta'zir. There are fundamental differences in the application of the death penalty for corruptors according to positive law and Islamic criminal law, especially with regard to the conditions required for the imposition of the death penalty. Even though this seems cruel according to human rights supporters, this needs to be a concern for all law enforcers so that they can carry out strict law enforcement against perpetrators of corruption crimes during the pandemic.


2018 ◽  
Vol 26 (1) ◽  
pp. 53
Author(s):  
Hambali Yusuf ◽  
Saifullah Basri

Many criminal cases that are not resolved either at the level of appeal or cassation level is an indication that there are problems in law enforcement. Islamic Criminal Justice provides much alternative settlement of criminal cases by maintaining a balance of the interests of the victim, the community, the State and the offender. This research aims to analyze the model, explain the alternative settlement of criminal cases in the Islamic law; how setting the model settlement of criminal cases in the Islamic law can be used as a model settlement of criminal cases in the criminal law of Indonesia, to find a model settlement of criminal cases in the Islamic law of relevance to criminal law updates Indonesia.    This research got that setting jarimah qishas-diyat placed as a kind of private law as rights adami. Setting model jarimah-diyat can allow made a model in settlement of a criminal offence in the criminal law of Indonesia in line with developments in the modern criminal law sanctions governing sanctions fines or compensation for victims.  Setting model jarimah-diyat can allow made a model in settlement of a criminal offence in the criminal law of Indonesia in line with developments in the modern criminal law sanctions governing sanctions fines or compensation for victims.


2021 ◽  
Author(s):  
Yanik Bolender

Can resistance to state power continue to be punished less than general coercion? In 2017 the legislature passed the 52nd StÄG to improve the protection of law enforcement officers and rescue workers, which essentially changed Sections 113, 114, 115, 323c of the Criminal Code. From a criminal law perspective, this led to this and other controversial questions in the context of the interpretation of these amended standards. What they look like in detail and what effects they have is extensively examined in this work. In particular, the questions of how the preconditions for the offense are to be interpreted and how their relationship to one another and to other criminal norms is represented are particularly addressed.


2021 ◽  
Author(s):  
Ivan Dvoryanskov ◽  
Elena Antonyan ◽  
Sergey Borovikov ◽  
Natal'ya Bugera ◽  
Aleksandr Grishko ◽  
...  

The textbook is prepared in accordance with the provisions of the Constitution of the Russian Federation, the Criminal Code of the Russian Federation, federal laws, international legal acts. The concepts, categories and institutions of the General Part of criminal Law are considered in detail. All changes in the criminal legislation have been taken into account, and the latest scientific, educational and methodological literature on criminal law has been used. The material is presented in an accessible form for effective assimilation of the training course. The publication contains regulatory legal material as of May 1, 2021. Meets the federal state educational standards of higher education of the latest generation in the areas of training 40.03.01 "Jurisprudence", 40.05.01 "Legal support of national security", 40.05.02 "Law enforcement", 40.05.03 "Forensic examination", 40.05.04 "Judicial and prosecutorial activities". For students, cadets, trainees studying in these areas of training, judges, law enforcement officers, as well as for anyone interested in criminal law issues.


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