scholarly journals Analisis Fiqh Jinâyah terhadap Sanksi Pengemis di Muka Umum di Kota Surabaya

2018 ◽  
Vol 3 (1) ◽  
pp. 46-64
Author(s):  
Muhammad Subhan Mubarok
Keyword(s):  
Criminal Law ◽  
Penal Code ◽  
Public Order ◽  
The Law ◽  
A Minor

Abstract: This article discusses the prohibition of public begging in Surabaya. According to article 504 of the Penal Code and Surabaya municipality by law no. 17/2009. In Surabaya, beggars who have been considered breaching the law operate in street intersections. This is considered breaching of public order. Thus, this is not a crime but a minor violation of the law. They are arrested for one day and brought to social department for briefings. The punishment is so lenient that it can be called as a pardon. In Islamic criminal law perspective, such a leniency is allowed as long as not erasing punishment altogether. Keywords: Public begging, sanction, ta’zîr. Abstrak: Artikel ini membahas tentang fikih jinâyah terhadap laragan mengemis di muka umum di kota Surabaya. Larangan engemis di muka umum diatur dalam Pasal 504 KUHP Junto Perda Tahun 2009 Juncto Perda No. 17 Tahun 2009 di Surabaya tentang pengemis di muka umum. Pengemis yang melanggar ketertiban umum adalah pengemis yang beroperasi dan mangkal di berbagai perempatan jalan, mereka akan dimasukkan ke dalam penjara untuk 1 hari saja dan setelah itu akan dikembalikan kembali ke dinas sosial untuk mendapatkan pembinaan. Dengan hukuman 1 hari tadi diharapkan dapat menjadikan efek jera kepada para pengemis sehingga di kemudian hari mereka tidak mengulangi kembali, kemudian melihat hukuman yang didapat dari pengemis yang mengemis di muka umum dengan melanggar ketertiban umum, maka hukuman tersebut masuk dalam katgegori pemaaf dikarenakan salah satu sebab hapusnya hukuman ta’zîr yakni para pengemis hanya mendapat hukuman selama 1 hari, tetapi tidak menghapuskan seluruhnya. Kata Kunci: Sanksi pengemis, di muka umum, ta’zîr.

scholarly journals La justicia penal militar colombiana y los principios procesales constitucionales de independencia e imparcialidad, después de la separación de la función de jurisdicción con la función de comando

Justicia ◽  
2014 ◽  
Vol 19 (26) ◽  
Author(s):  
Consuelo Amparo Henao Toro ◽  
Ingrid Regina Petro Gonz ◽  
Felipe Andrés Mar
Keyword(s):  
Criminal Law ◽  
Justice System ◽  
Third Parties ◽  
Penal Code ◽  
Security Forces ◽  
Origin And Evolution ◽  
The Creation ◽  
The Law ◽  
The Military ◽  
Legal Training

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.

scholarly journals The History of the Development of the French Laws on Criminal Liability of Legal Entities

2018 ◽  
Vol 1 ◽  
pp. 46-56
Author(s):  
Aleksandr V. Fedorov ◽  
◽  
Mikhail V. Krichevtsev ◽  
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Legal Regulation ◽  
Economic Crime ◽  
Penal Code ◽  
Criminal Prosecution ◽  
History Of ◽  
The Law ◽  
Legal Entities

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.

Die Entwicklung des Strafrechts der Ukraine

2020 ◽  
Vol 66 (3) ◽  
pp. 380-396
Author(s):  
Rainer Birke
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Criminal Law ◽  
Penal Code ◽  
Science And Society ◽  
The Rule Of Law ◽  
Law System ◽  
The Law ◽  
Simplified Procedure ◽  
Procedural Rights

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.

Some Aspects of the Sudan Law of Homicide

1974 ◽  
Vol 18 (1) ◽  
pp. 92-103
Author(s):  
Amin M. Medani
Keyword(s):  
19Th Century ◽  
Criminal Law ◽  
Penal Code ◽  
Present Writer ◽  
Legal Systems ◽  
Time And Space ◽  
The Law ◽  
Indian Penal Code ◽  
Changing Society

The Sudan Penal Code (henceforth abbreviated as S.P.C.) was, with minor modifications, copied in 1899 from the Indian Penal Code (henceforth abbreviated as I.P.C.), which in its turn was to some extent based on 19th-century English criminal law. Since its enactment, the S.P.C. has been revised and re-enacted once in 1925, but no significant changes were then effected. Law makers in the Sudan are at present engaged in the revision and reformulation of the laws of the country in an attempt to bring them into line with the modern needs of a changing society. It is the feeling of the present writer that the field of criminal law warrants the least intervention or modification because the S.P.C has, in its 75 years of existence, been largely satisfactorily interpreted and applied, resulting in what could legitimately be called the criminal law of the Sudan. This, however, is by no means tantamount to saying that the Code is satisfactory in all aspects and that there is no room for improvement. At any rate, it is not intended to discuss in this article what possible changes should be brought about in the Code as a whole, a task which would evidently need much more time and space. It is merely hoped to discuss critically some aspects of the law of homicide as laid down in the Code (and applied by the courts). In so doing it is hoped to show that in some respects the Sudanese law of homicide calls for modification of some of the provisions, while other provisions of the Code are so satisfactory that they may contribute to the resolution of problems faced by other legal systems.

scholarly journals ANALISIS YURIDIS TERHADAP TINDAKAN ABORSI DALAM PERSPEKTIF HUKUM PIDANA INDONESIA (Studi Komparatif; Undang-Undang Kesehatan, KUHP dan HAM)

2017 ◽  
Vol 6 (3) ◽  
Author(s):  
Rustam Rustam
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
Penal Code ◽  
Medical Emergency ◽  
Analysis Approach ◽  
The Law ◽  
The Relationship

Tujuan dari penelitian ini adalah untuk melihat tinjaun yuridis terhadap tindakan aborsi yang ditinjau dari Undang-Undang No.36 Tahun 2009, Kitab Undang-Undang Hukum Pidana (KUHP), hubungan antara Kitab Undang-Undang Hukum Pidana (KUHP) dan UU No. 36 Tahun 2009serta perbandingan pandangan (Perspektif) terhadap aborsi antara UU No.36 Tahun 2009 Tentang Kesehatan, KUHP dan HAM. Berdasarkan aturan  KUHP dan HAM aborsi dilarang sedangkan menurut Undang-Undang No.36 Tahun 2009, aborsi diperbolehkan dengan syarat tertentu. Pendekatan yang digunakan adalah pendekatan analisis yuridis. Perbedaan aturan tentang aborsi yakni antara Undang-Undang No.36 Tahun 2009, Kitab Undang-Undang Hukum Pidana (KUHP) dan Hak Azazi Manusia ditengahi oleh asas lex posteriori derogat legi priori yang membuat gagasan baru tentang aborsi yakni pada kedaruratan medis yakni provokatus medicalis. Sedangkan abortus provocatus, berdasarkan pandanga ketiga aturan tersebut adalah merupakan tindakan pidana yang dilarang, serta di anggap sebagai pelanggaran terhadap hak azazi manusia. Kata Kunci; Aborsi, Hukum Pidana, KUHP, HAMThe purpose of this study is to  determine at the legal review of abortion actions reviewed from Law No.36 of 2009, Penal Code, the relationship between the , Penal Code and Law No, 36 of 2009 and comparison of perspective on Abortion action among Law no. 36 in 2009 on Health, Penal Code and Human Rights. Based on Penal Code and Human Rights, abortion is prohibited in Indonesia but based on the Law No.36 of 2009 stated that abortioncould be done with certain conditions. The approach used was the juridical analysis approach. Differences  abortion regulation lawsbased on the Law No.36 of 2009, Penal Code and Human Rights were mediated by the principle of “lex posteriori derogat legion priori” which made an issue on abortion regulation lawsonly in medical emergency namely” provokatus medicalis”. Meanwhile “forabortus provocatus”, based on the threelaws’ views,is a prohibited action and considered as a violation of human rights.Keywords; Abortion, Criminal Law, Penal Code, Human Rights

scholarly journals SEX TANPA NIKAH: Dilema Hukum Positif dan Moralitas Bangsa

AKADEMIKA ◽  
2020 ◽  
Vol 13 (02) ◽  
Author(s):  
Achmad Fageh
Keyword(s):  
Criminal Law ◽  
Penal Code ◽  
Front Door ◽  
Positive Law ◽  
The Subject ◽  
The Law ◽  
The Right ◽  
Local Cultures

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

scholarly journals Implementation of the Islamic Criminal Law in Malaysia: Prospects and Challenges

ICR Journal ◽  
2015 ◽  
Vol 6 (2) ◽  
pp. 166-174
Author(s):  
Tun Abdul Hamid Mohamad
Keyword(s):  
Criminal Law ◽  
Criminal Procedure ◽  
Penal Code ◽  
Recent Information ◽  
Common Mistake ◽  
Procedure Code ◽  
Federal Constitution ◽  
Solicitor General ◽  
The Law

First of all, I would like to correct a common mistake. Many people thought that Brunei has implemented hudud law. That is not correct. In fact, to this day, Brunei has yet to enforce that part of the Syari’ah Penal Code Order 2013 which contains hudud offences. Brunei has gazetted the law. The effective date has not been fixed yet. The most recent information I received from the Assistant Solicitor General of Brunei on 15th December, 2014 confirmed that the hudud law has not been enforced.  In fact, the provisions of the Syari’ah Criminal Procedure Code necessary for the implementation are still under discussion. If we want to talk about criminal law and what is now called “Islamic criminal law”, in the Malaysian context, we have to start from the Federal Constitution.

Repair Work

2020 ◽  
pp. 109-124
Author(s):  
Mirco Göpfert
Keyword(s):  
Criminal Law ◽  
Dispute Settlement ◽  
The State ◽  
Penal Code ◽  
State Of Exception ◽  
Colonial Era ◽  
Repair Work ◽  
Procedure Code ◽  
The People ◽  
The Law

This chapter addresses how the gendarmes consider the criminal law as profoundly unjust. The Nigerien penal code (Code Pénal) and code of criminal procedure (Code de Procédure Pénale) both originate from the colonial era and still contain largely unadapted elements of it. According to the gendarmes, these outdated and “foreign” laws were largely inappropriate for policing the life worlds of the people they confronted. From the paradigmatic and law-centered perspective, the gendarmes' arrangements appear as the discretion-led, under-enforcement of the law. The chapter then suggests a perspective that is more sensitive to those actors' views and practices and takes seriously local concepts of law enforcement, dispute settlement, and the search for justice, in this case: gyara, repair work. Seen in that light, the gendarmes repaired a law that they deemed unjust. Not its application, but the law itself was deficient. What was at stake in such instances was the nature of the law and the state itself. The gendarmes had the power to declare the state of exception and act outside the law in defense of law, but they also had the power to declare an “exception to the state.”

Texts

2020 ◽  
pp. 105-121
Author(s):  
Giuseppe Pelli
Keyword(s):  
Death Penalty ◽  
Criminal Law ◽  
Penal Code ◽  
Cesare Beccaria ◽  
The Law

This chapter presents select excerpts from Cesare Beccaria Bonesana's On Crimes and Punishments. It examines whether the death penalty really is useful and just in a government that is well administered. The chapter argues that the death penalty is for most people a spectacle, and for some an object of compassion blended with disdain. These are the two sentiments that take hold of the minds of spectators, rather than the salutary terror that the law claims to inspire. The chapter then takes a look at Beccaria, Gallarati Scotti and Risi's opinion Against the Death Penalty. It discusses the drafting of the new penal code — The Criminal Law Committee. Ultimately, it infers that the death penalty is inappropriate because it is irreversible; we bear in mind the inevitable imperfection of human judgements. Even if the death were a just penalty, even if it were the most efficacious of all punishments, in order for it to be justly applied to a particular criminal, it would be necessary that he be proven to be guilty in such a way that the possibility of the contrary is excluded.

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