scholarly journals The Basis for the Philosophy of Legal Protection for Death Penalty Convicts Who Are Not Executed Immediately After the Verdict Becoming Legally Binding

Author(s):  
Abdul Azis Muhammad ◽  
Prija Djatmika ◽  
Dhiana Puspitawati ◽  
Nurini Aprilianda

Fundamentally, all forms of punishment are deprivation of human rights. One of the most severe punishments in criminal justice system is death penalty which is specifically aimed at serious crime. Several mechanisms as a form of legal protection for death convicts are judicial review and clemency petitions. Problems arise due to the time difference in the waiting period, which is not limited and in some cases even reaching 20 (twenty) years. Meaning, death penalty convicts have experienced two sufferings at once (double suffering) which is certainly contrary to the principle of punishment in the context of modern criminal law. The research aim is to analyse the basis for the philosophy of legal protection for death penalty convicts who are not executed immediately after the verdict becoming legally binding. This research is a normative legal research with the approach of Law, History, Comparison, Philosophy and Cases. The legal materials used are primary, secondary and tertiary with analytical techniques using perspective analysis. The results of the study indicate that in the future there must be uniformity regarding the waiting time limit regulated in the legislation, namely a period of 10 (ten) years as a form of legal protection for death penalty convicts, so the effectiveness of the death penalty as a preventive and repressive means can be realized.

Author(s):  
I Wayan Juwahyudhi

ABSTRACTOne of the police authorities is a discretionary action, where the action can also be done at the time of the investigation in dealing the juvenile offenders to protect children’s right to get justice and maximum legal protection. In the Law Number 11 of 2012 on the Juvenile Criminal Justice System stipulate about the investigator authority to carry out action of diversion, but this only applies to children under sentence of less than 7 years in prison and does not apply in children who are subject to punishments of more than 7 years in prison. This is contrary to the 1945 Constitution and the Law Number 23 of 2002 which emphasizes the protection of children before the law an the efforts to avoid imprisonment of the juvenile offenders.The thesis describes the police authority and the legal mechanisms and policies by the investigator in protecting the right on the juvenile offenders that puts the principles of legal protection. In order to avoid negative effects on children, therefore the police discretion is needed to avoid restrictions on freedom of the children’s right. The method used is a normative legal research method, where the normative or library legal research method is done by examining existing library materials.The writer suggested to the government to be more serious in dealing with the problems of children, especially for the juvenile offenders so that the welfare and right of children are protected and to avoid restrictions on freedom and minimize for juvenile offenders.


2016 ◽  
Vol 1 (1) ◽  
pp. 31-36
Author(s):  
Jarosław Warylewski

The study includes reflections on the history of punishment and other means of a criminal reaction, their effectiveness and their impact on the criminal justice system. It indicates the limited “repertoire” of the mentioned measures. It draws attention to the real threats to the most important legal interests, especially to life, such as war and terrorism. It doubts the effectiveness of severe penalties, especially the death penalty. Indicates the dangers of penal populism and the perishing of law, including criminal law. It contains an appeal to criminologists and penal law experts to deal with all these dangers in terms of ideas rather than individual regulations.


2020 ◽  
Vol 11 (1) ◽  
pp. 1
Author(s):  
Agnes Fitryantica

The Constitutional Court based on Article 24C of the 1945 Constitution of the Republic of Indonesia has 4 authorities and 1 obligation. These provisions are further contained in Article 10 of Law Number 24 Year 2003 concerning the Constitutional Court. The constitutional authority of the Constitutional Court in examining, adjudicating and deciding cases of judicial review of the constitution is about the constitutionality of norms. The method used is normative (doctrinal) legal research, using secondary data in the form of primary, tertiary and secondary legal materials. One of the legal materials used as the basis for analysis is the judge's decision and its implications for the judicial review. The results of the study that, the authority to test the Act against the 1945 Constitution theoretically or practically, makes the Constitutional Court as a controlling and balancing body in the administration of state power. The KPK is not the object of the Parlement questionnaire rights. The ruling emphasized that the KPK was an institution that could be the object of the questionnaire right by the Parlement. The implications of the decision of the Constitutional Court Number 36 / PUU-XV / 2017, can be grouped in two ways, namely: first, the implications are positively charged, namely the affirmation of the ownership of the House of Representatives questionnaire rights in Indonesian governance. Second, the negative implication is the possibility of using the DPR's excessive questionnaire rights without regard to existing limitations.Keywords : constitutional court; KPK; parlement.Mahkamah Konstitusi berdasarkan Pasal 24C UUD NRI Tahun 1945 memiliki 4 kewenangan dan 1 kewajiban. Ketentuan tersebut dituangkan lebih lanjut dalam Pasal 10 UU Nomor 24 Tahun 2003 tentang Mahkamah Konstitusi. Kewenangan konstitusional Mahkamah Konstitusi dalam memeriksa, mengadili dan memutus perkara pengujian undang-undang terhadap Undang-Undang Dasar adalah mengenai konstitusionalitas norma. Metode yang digunakan adalah penelitian hukum normatif (doktrinal), dengan menggunakan data sekunder berupa bahan hukum primer, tersier dan sekunder. Salah satu bahan hukum yang dijadikan dasar analisis adalah putusan hakim dan implikasinya terhadap yudicial review. Hasil penelitian bahwa, kewenangan menguji Undang-Undang terhadap Undang-Undang Dasar 1945 secara teoritis atau praktis, menjadikan Mahkamah Konstitusi sebagai lembaga pengontrol dan penyeimbang dalam penyelenggaraan kekuasaan negara, Dalam Putusan Nomor 36/PUU-XV/2017, Mahkamah Konstitusi memutuskan menolak permohonan pemohon yang pada intinya menyebut KPK bukan merupakan objek hak angket DPR. Putusan tersebut menegaskan KPK merupakan lembaga yang dapat menjadi objek hak angket oleh DPR. Implikasi dari putusan Mahkamah Konstitusi Nomor 36/PUU-XV/2017 tersebut, dapat dikelompokkan dalam dua hal, yaitu: pertama, implikasi yang bermuatan positif, yaitu penegasan dimilikinya hak angket Dewan Perwakilan Rakyat dalam ketatanegaran Indonesia. Kedua, Implikasi yang bermuatan negatif yaitu adanya kemungkinan penggunaan hak angket DPR yang eksesif tanpa memperhatikan batasan-batasan yang ada.Kata Kunci: DPR; KPK; Mahkamah Konstitusi.     


Author(s):  
Mohamad Syarhan, Nyoman Serikat Putra Jaya, Bambang Hartono

Many cases of environmental pollution and illegal logging have caused alarming damage to the environment. In the Law regarding Environmental Protection and Management, tools to protect the environment have been regulated. One of which is the application of criminal sanctions, but in Indonesia, some laws live in society, one of which is customary criminal law which can also solve criminal acts in the environmental sector. This research aims to analyze the existence of customary criminal law in the settlement of crimes in the environmental sector. This research is legal research with normative juridical research. The results of this study will be presented in descriptive form. The results showed that Hulsman said the criminal justice system had caused suffering because it could not work according to its objectives and did not carry out the principle of accountability. This judicial system had innate defects. In settlement of criminal acts in the environmental sector, examples of customary criminal law are the settlement of fish poisoning cases committed by some Paya Village Village residents. They use fish poison from plants (tuba), Lannet in the form of flour, Bistox in liquid, and Decis, which is liquid.


2019 ◽  
Vol 11 (1) ◽  
pp. 103
Author(s):  
Afif Khalid ◽  
Dadin Eka Saputra

AbstractThis research will discuss a juridical review of paralegals in the provision of legal assistance where there is an overlap of authority between Advocates and paralegals who through Regulation of the Minister of Law and Human Rights Permenkumham Number 01 Year 2018 are authorized to obtain proceedings both in non-litigation and litigation. The short-term goal expected from this research is to provide a critical analysis of paralegals in the provision of legal assistance in a justice system in Indonesia. The long-term goal of this research can be an appropriate and effective framework in solving problems regarding the provision of legal assistance as efforts to provide legal protection for justice seekers. This research uses a normative juridical research method. This normative legal research was conducted in a qualitative descriptive, normative descriptive means that the material or legal materials are collected, sorted and subsequently studied and analyzed for content, so that it can know the level of synchronization, the feasibility of norms, and the submission of new normative ideas. Keynote: Paralegals, Advocate, Legal Aid, Justice. AbstrakPenelitian ini akan membahas tentang tinjauan yuridis tentang paralegal dalam pemberian bantuan hukum dimana terdapat tumpang tindih kewenangan antara Advokat dengan paralegal yang melalui Permenkumham Nomor 01 Tahun 2018 diberikan wewenang untuk dapat beracara baik secara non litigasi maupun litigasi. Tujuan jangka pendek yang diharapkan dari penelitian ini adalah untuk memberikan analisa kritis terhadap paralegal dalam pemberian bantuan hukum dalam sebuah sistem peradilan di Indonesia. Tujuan jangka panjang dari penelitian ini dapat menjadi kerangka kerja yang tepat dan efektif dalam menyelesaikan permasalahan tentang pemberian bantuan hukum sebagai upaya-upaya pemberian perlindungan hukum para pencari keadilan. Penelitian ini menggunakan metode penelitian yuridis normatif. Penelitian hukum normatif ini dilakukan secara deskriptif kualitatif, yaitu materi atau bahan-bahan hukum tersebut dikumpulkan, dipilah-pilah untuk selanjutnya dipelajari dan dianalisis muatannya, sehingga dapat diketahui taraf sinkronisasinya, kelayakan norma, dan pengajuan gagasan-gagasan normatif baru. Kata Kunci: Paralegal, Advokat, Pemberian Bantuan Hukum, Peradilan


2021 ◽  
Vol 2 (3) ◽  
pp. 531-537
Author(s):  
Ni Made Wismantari ◽  
Anak Agung Sagung Laksmi Dewi ◽  
Ni Made Puspasutari Ujianti

The Covid-19 pandemic has had the worst impact, namely the increased vulnerability of children to become victims of violence. The Covid-19 pandemic has stimulated an increase in cases of violence against children, so in this case a legal protection is needed to fulfill the rights obtained for every child. The purposes of this study are to reveal legal arrangements in an effort to prevent violence against children during the COVID-19 pandemic as well as legal protection for children who experience violence during the COVID-19 pandemic. The research method used in this research is normative legal research with a statutory approach. The technique of collecting legal materials used in this research is the study of documents or library materials. The sources of legal materials used are primary and secondary sources of legal materials. The data analysis techniques were analyzed qualitatively and presented descriptively. The results of the study revealed that the government's efforts to prevent violence against children during the Covid-19 Pandemic were pursued through preventive legal protection with the aim of preventing violations before the occurrence of violations and repressive legal protection in the form of sanctions such as fines, imprisonment, and additional penalties given if a dispute has occurred or has occurred. a violation is committed. All parties, both families and the government, should try to protect children from all acts of violence.


2020 ◽  
Vol 1 (2) ◽  
pp. 374-378
Author(s):  
I Ketut Eka Yoga Juliantika ◽  
I Made Sepud ◽  
I Ketut Sukadana

Children are often victims of child trafficking crime. There are a lot of factors that support the crime of child trafficking, one of which is the lack of regulation on child trafficking. Based on this background, this research was conducted with the aim of describing how the regulation of child trafficking and how the criminal law policy against child trafficking. This research was designed using a normative legal research method. The results of this study indicated that the regulation of child trafficking is regulated in Law No. 21 of 2007 concerning the Eradication of the Crime of Trafficking in Persons, the Criminal Code (KUHP), namely Article 297, Article 301, Article 324, Article 328, and Article 330, RI Law No. 21 of 2007 concerning the Eradication of the Crime of Trafficking in Persons, Law No. 35 of 2014 on Amendments to Law no. 23 of 2002 concerning Child Protection, and Law no. 11 of 2012 concerning the Juvenile Criminal Justice System. Furthermore, the criminal law policy against child trafficking is regulated in the Criminal Code, the Criminal Procedure Code, Law no. 21 of 2007 concerning the Eradication of the Crime of Trafficking in Persons, Law no. 11 of 2012 concerning the Child Criminal Justice System, and Law no. 35 of 2014 concerning amendments to Law no. 23 of 2002 concerning Child Protection.


2021 ◽  
Vol 18 (1) ◽  
Author(s):  
Viktoria Babanina ◽  
Vitalii Kuznetsov ◽  
Nelia Lisova ◽  
Inna Vartyletska

The article examines the features of the protection of credit relations by the criminal law of Ukraine. The scope of the article is to study peculiarities of credit and financial relations in Ukraine, to reveal types of crimes in the field of credit relations and specifics of their subjects, to analyze qualifying features of crimes in the field of credit activity. To achieve the purpose of the article, formal-logical and dogmatic-legal research methods were used. Using the formal-logical and dogmatic methods, credit relations as an object of legal protection in criminal law were analyzed. The characteristic features of the personality of criminals who commit crimes in the field of credit relations have been studied. Their specific differences from other types of criminals are revealed, which are manifested in the fact that people who commit crimes in the field of credit relations, as a rule, have a high social status, higher education and are financially secure. Thanks to the research conducted in the article some important features of crimes in the field of credit activity were revealed, such as the fact, that among those who commit crimes in the field of lending, there is a high proportion of women. This fact has an important meaning for the social sciences, since it underlines inequality and gender discrimination.


Author(s):  
M. Nur Syafiuddin ◽  
Rachmad Safa’at ◽  
Prija Djatmika ◽  
Istislam Istislam

Children have human rights (HAM) as those of adults. Unfortunately, discussions regarding children's rights are not as intense as adult rights or women's rights. There are not many parties that discuss and take concrete actions related to the protection of children's rights. In fact, children are a reflection of the future, assets of family, religion, nation and state. This study aims to describe and analyze the meaning of child support in the pattern of child protection in Indonesia based on the best interests of the child. This normative legal research utilized a philosophical and statutory approach. Analytical techniques used to process legal materials were analytical prescriptive methods, hermeneutics (interpretation) of law and ijtihadi. The legal materials used were primary legal materials including laws on child protection and secondary legal materials consisting of all literature and publications relevant to the field of child protection law. The results showed that there are at least two meanings of child support in the pattern of child protection in Indonesia based on the principle of child protection: child support as a guarantee for child welfare and child support as a futuristic value in child protection.


Criminal Law ◽  
2019 ◽  
pp. 304-354
Author(s):  
Michael J. Allen ◽  
Ian Edwards

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. This chapter discusses inchoate crimes. A person does not break the criminal law simply by having evil thoughts. Where, however, a person takes steps towards effecting that plan to commit a substantive offence which is more than merely preparatory, he may in the process commit one of the inchoate crimes of attempt, conspiracy, or encouraging or assisting the commission of an offence. The chapter examines relevant offences in the Serious Crime Act 2007 concerning encouraging or assisting and the Act’s abolition of the offence of incitement. It outlines the legal protection from prosecution provided to particular vulnerable victims who might otherwise be liable for encouraging others to commit offences against them, such as some child victims of sexual offences. The chapter analyses the statutory offence of conspiracy and outlines common law offences of conspiracy to defraud and conspiracy to corrupt public morals or to outrage public decency. It examines the requirements for liability for attempt. The Law in Context feature examines critically the growing range of inchoate offences for terrorist offences.


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