THE EVOLUTION OF THE CRIMINAL LEGISLATION REGARDING RESPONSIBILITY FOR INCITEMENT TO HATRED, HUMILIATION OF HUMAN DIGNITY: A NEW VERSION OF THE LAW

2019 ◽  
pp. 39-46
Author(s):  
Tatiana P. Suspitsyna ◽  
Keyword(s):  
Human Dignity ◽  
The Law ◽  
Criminal Legislation

scholarly journals FENOMENA TINDAKAN MAIN HAKIM SENDIRI DALAM HUKUM NEGARA DAN HUKUM ISLAM

PERADA ◽  
2018 ◽  
Vol 1 (2) ◽  
pp. 141-150
Author(s):  
Asrizal Saiin ◽  
Ahmad Iffan
Keyword(s):  
Human Dignity ◽  
Criminal Code ◽  
Moral Values ◽  
Religious Teaching ◽  
The Law ◽  
Criminal Legislation ◽  
The Way

Perbuatan main hakim sendiri tidak hanya merugikan negara tetapi dapat meruntuhkan moral masyarakat. Tindakan main hakim sendiri telah diatur di dalam agama Islam dan Undang-Undang Dasar Negara Indonesia. Tindakan main hakim sendiri belum diatur secara khusus dalam peraturan perundang-undangan pidana terkhususnya Kitab Undang-undang Hukum Pidana (KUHP). Akan tetapi, bukan berarti KUHP tidak dapat diterapkan sama sekali jika terjadi perbuatan main hakim sendiri, Main hakim sendiri selain merupakan perbuatan melawan hukum juga bertentangan dengan ajaran agama Islam. Agama Islam mengajarkan untuk melakukan tabayyun (memintai keterangan) terlebih dahulu. Berbagai dalil Alquran menjelaskan bagaimana tindakan main hakim sendiri adalah perbuatan sangat keji dan dilarang oleh norma agama. Argumentasi terkait tindakan main hakim sendiri didasari oleh pemikiran masyarakat yang menganggap bahwa perbuatan berdua-duaan di suatu tempat antara dua orang yang berbeda jenis kelamin yang belum menikah merupakan perbuatan yang melanggar norma yang tidak sesuai dengan ajaran agama, kesusilaan dan kesopanan. Walaupun demikian, cara penyelesaian masalah tersebut adalah tetap mengedepankan nilai-nilai moral yang menjunjung tinggi harkat dan martabat manusia.   Abstract : The vigilante act does not only harm the nation but also damages people's morale. It is regulated in Islam and the Indonesian Constitution. It has not been specifically regulated in criminal legislation specifically in the Criminal Code (KUHP). However, it does not mean that the Criminal Code cannot be applied at all if there is a vigilante act. It does not only oppose the law but also it is contrary to the Islamic teaching. Islam teaches to confirm first. Various Quranic Dalil explain how vigilante acts are very despicable and prohibited by religious norms. The argument related to vigilante act is based on the public's thought that the act of two-person somewhere between two people of different sexes is an act that violates the norm. It is not suitable with religious teaching, decency and politeness. Therefore, the way to solve the problem is to keep emphasizing moral values ​​that uphold human dignity.

V. II principio dell’irretroattività della legge nell’esperienza giuridica romana dell’età repubblicana

2021 ◽  
Vol 138 (1) ◽  
pp. 245-273
Author(s):  
Umberto Laffi
Keyword(s):  
Criminal Law ◽  
Civil Law ◽  
First Century ◽  
The Political ◽  
Political Struggle ◽  
Dynamic Relationship ◽  
Depth Analysis ◽  
The Law ◽  
Criminal Legislation ◽  
Epigraphic Evidence

Abstract The Principle of the Irretroactivity of the Law in the Roman Legal Experience in the Republican Age. Through an in-depth analysis of literary and legal sources (primarily Cicero) and of epigraphic evidence, the author demonstrates that the principle of the law’s non-retroactivity was known to, and applied by, the Romans since the Republican age. The political struggle favored on several occasions the violation of this principle by imposing an extraordinary criminal legislation, aimed at sanctioning past behaviors of adversaries. But, although with undeniable limits of effectiveness in the dynamic relationship with the retroactivity, the author acknowledges that at the end of the first century BC non-retroactivity appeared as the dominant principle, consolidated both in the field of the civil law as well as substantive criminal law.

Kant on the Ground of Human Dignity

2021 ◽  
pp. 1-19
Author(s):  
Apaar Kumar
Keyword(s):  
Human Dignity ◽  
Reciprocal Relationship ◽  
Human Beings ◽  
Moral Law ◽  
Human Constitution ◽  
The Law

Abstract Kant interpreters have contrasting views on what Kant takes to be the basis for human dignity. Several commentators have argued that human dignity can be traced back to some feature of human beings. Others contend that humans in themselves lack dignity, but dignity can be attributed to them because the moral law demands respect for humanity. I argue, alternatively, that human dignity in Kant’s system can be seen to be grounded in the reciprocal relationship between the dignity of the moral law and the dignity inherent in the human constitution. The latter includes the dignity of personhood, construed as rational inner purposiveness, and the dignity of giving oneself the law and striving to follow it.

scholarly journals Euthanasia, Philosophy, and the Law: A Jurist’s View from Madrid

2009 ◽  
Vol 18 (3) ◽  
pp. 262-269 ◽  
Author(s):  
FRANCISCO JAVIER ANSUÁTEGUI ROIG
Keyword(s):  
Human Dignity ◽  
The Law

In societies with an established system of rights, human dignity occupies the vertex of the moral statute. Freedom and equality are specific derivations of that higher value. Taking freedom and equality seriously necessarily means articulating a system of rights that places at its apex the value that unifies both: human dignity.

scholarly journals Euthanasia Formulation Policy in Indonesia's Criminal Legislation and Implications for Patient Life

2021 ◽  
Vol 04 (05) ◽  
Author(s):  
Indira Inggi Aswijati ◽  
Keyword(s):  
Criminal Code ◽  
Active Euthanasia ◽  
Passive Euthanasia ◽  
Mercy Killing ◽  
The Gift ◽  
The Law ◽  
Criminal Legislation

No religion is recognized in Indonesia that allows euthanasia to be carried out. Because indeed an action in English called mercy killing or murder based on mercy can also be said to be contradictory to its name, where in carrying out the manifestation of mercy it is precisely what is done is to take the life of man, the gift of the Almighty and should be respected and guarded. Formulation of Article 344 of the Criminal Code concerning euthanasia has a weakness, among others: The existence of elements: at the request of the person himself expressed with sincerity, which makes it difficult to prove and prosecute. Article 344 of the Criminal Code is about active euthanasia, whereas the law of passive euthanasia is not regulated. Delict euthanasia is an ordinary offense, and is not an offense, so it is demanded the tenacity and sharpness of the investigating apparatus and investigators to reveal whether an act of euthanasia has been committed.

scholarly journals Offences in the Sphere of Customs Affairs: Public Danger and the Criteria of Differentiation

2020 ◽  
pp. 68-71
Author(s):  
Inna Andreyevna Podroykina ◽  
Vyacheslav Viktorovich Lavrinov
Keyword(s):  
Administrative Law ◽  
The Public ◽  
Domestic Legislation ◽  
The Law ◽  
Criminal Legislation

The present study analyzes the issues related to defining customs offences, the public danger they present and the problems of differentiation of their types. It is pointed out that currently the fight against customs offences is waged both by means of the norms of administrative law, or through crim-inal law response. The choice of punishment de-pends on the degree of public danger that poses a specific offence. At the same time, the authors draw attention to some inconsistency in the norms of administrative and criminal legislation regarding the regulation of liability for customs offenses, which causes certain difficulties in their suppression. This does not lead to a uniform understanding of the law, and, consequently, does not contribute to effective counteraction to these offences. In this regard, there are presented specific recommendations on im-provement of domestic legislation.

scholarly journals CONSTITUTIONALIZATION OF THE PRINCIPLES OF LAW AND THEIR IMPORTANCE FOR LEGAL BEHAVIOR

Issues of Law ◽  
2020 ◽  
Vol 20 (4) ◽  
pp. 21-27
Author(s):  
E.V. Titova ◽  
◽  
A.G. Kuzmin ◽  
Keyword(s):  
Public Relations ◽  
Human Dignity ◽  
Essential Feature ◽  
State Power ◽  
The State ◽  
Legal Principles ◽  
Constitutional Order ◽  
Normative Significance ◽  
Russian Law ◽  
The Law

The article analyzes the objective and natural character of the origin of legal principles; the process of constitutionalization of the principles of Russian law and their implementation into the legitimate behavior of the participants of public relations. The authors substantiate that the content of constitutional principles is represented by three main elements: requirement, ideal, and knowledge. The most essential feature of constitutional principles is their ability for the legal expression of the most socially and politically significant values and ideals (legality, justice, humanism, freedom, equality, respect, trust) for an individual, society, and state. Regulatory features and normative significance of the principles of law are obtained as a result of constitutional formalization, and their embodiment insignificant rules of conduct of the state and the citizen contribute to the establishment of constitutional order. Special attention is paid to the content of some constitutional principles: the principle of respect and protection of human dignity; the principle of maintaining citizens’ trust in the law and the state; the principle of respect for the state power

scholarly journals Mekanisme Komisi Pemberantasan Korupsi dalam Proses Penyadapan dilihat dari Perspektif Hak Asasi Manusia (HAM)

JURNAL BELO ◽  
2020 ◽  
Vol 5 (2) ◽  
pp. 74-85
Author(s):  
Jennifer Ingelyne Nussy
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Human Dignity ◽  
Privacy Rights ◽  
The Law ◽  
The Government ◽  
Investigation Process ◽  
Do So

ABSTRACT Recognition and protection of a guarantee of human dignity to earn a respectable place in the eyes of the law and government. Related to the interests of law enforcement, the Corruption Eradication Commission (KPK) for the purpose of wiretapping evidence in court, while will protecting the privacyrights of suspects. Legal protections for the accused to be seen as matter of law adopted. Therefore, the protection of the privacy rights of a person to be seen in the investigation process. For the Commission to conduct wiretaps should see privacy rights as stipulated in the law and the government should establish a special set of rules that intercepts, thus providing the possibility for law enforcement has the authority to do so does not conflict with human rights.

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