scholarly journals Law Enforcement on Carok Actor’s Criminal Act

2021 ◽  
Vol 8 (12) ◽  
pp. 346
Author(s):  
Heru Suyanto
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Descriptive Analysis ◽  
Self Esteem ◽  
Criminal Code ◽  
Research Approach ◽  
Court Decisions ◽  
Criminal Sanction ◽  
Enforcement Effort ◽  
Approach Method

Carok is a tradition in Madurese people in the form of fight for a certain, extreme reason concerning individual’s self-esteem, followed with group fight with the use of weapons, and carok implementation may cause death. In the context of formal law, carok is the manifestation of the actors’ bravery in violating the rules designated in the Criminal Code, thus they must undergo years of criminal imprisonment as actors of serious criminal act. On this basis, this research explored factors causing carok actor’s criminal act and the constraints the police faced in the law enforcement effort on carok actor’s criminal act. The normative law or literature research approach method employed in this research emphasized on criminal law literatures, prevailing laws and regulations, court decisions, legal theories, scholars’ opinions and interviews. This research took descriptive analysis form based on the approach of carok case that caused death in Decision Number 182/Pid.B/2013/PN.Bkl. From the perspective of criminal law, Carok indicates a crime that may be qualified as criminal acts of physical abuse and murder since it contains a certain period or tempo from the start to the implementation of problem, in which the actors have calmly considered any possibilities and consequences of their actions. In general, the reasons of carok actor’s criminal acts are individual or group’s self-esteem abuse, vengeance, inheritance distribution conflict, etc. The author expected that appropriate law enforcement will minimize Carok occurrences, such as through making of special regulation for carok actors and imposition of serious criminal sanction (imprisonment) on carok actors and improved education, especially primary education.

Administrative Prejudice in Criminal Law: Law Enforcement Problems

2016 ◽  
Vol 4 (6) ◽  
pp. 0-0 ◽  
Author(s):  
Элина Сидоренко ◽  
Elina Sidorenko
Keyword(s):  
Content Analysis ◽  
Law Enforcement ◽  
Criminal Law ◽  
Criminal Code ◽  
Court Decisions ◽  
Legal Institutions ◽  
Methods Of Analysis ◽  
Administrative Responsibility

The author analyzes the problem of inclusion in the Russian criminal law of the institute of administrative prejudice. The paper comprises three blocks: assessment of the need to introduce rules on prejudice in the Criminal Code; the timing of bringing persons to administrative responsibility and consideration of private issues of classification of individual components. The aim of the study is to develop scientifically based and up-to-date recommendations for the application of criminal law to administrative prejudice. The author achieves the goal through solving specific problems associated with the beginning of the expiration of the period of limitation for bringing persons to administrative responsibility, revealing differences in understanding by administrative and criminal legal institutions of the concepts of duplicity and recurrence and others. The author proposes the solution of these problems through the use of privatescientific methods of analysis: comparative legal, formal-legal methods, content analysis, and others. The study of court decisions and doctrinal positions on the classification of acts containing administrative prejudice has allowed the author to formulate a number of conclusions regarding the inconsistency of legislative structures of some articles of the Criminal Code. In particular, the use of different approaches to determining the time for bringing a person to administrative responsibility, the absence in Art. 154 and Art. 180 of the Criminal Code of indication on the prejudicial character of the rules etc draw objections. The author pays particular attention to assessing the recurrence of administrative offences and transition of this concept to criminal law relations.

scholarly journals Law Enforcement Efforts against the Crime of Body Shaming Through Mediation

2021 ◽  
Vol 1 (2) ◽  
pp. 101
Author(s):  
Elsa Intan Pratiwi
Keyword(s):  
Social Media ◽  
Law Enforcement ◽  
Data Collection ◽  
Qualitative Analysis ◽  
Criminal Law ◽  
Secondary Data ◽  
Self Esteem ◽  
Criminal Code ◽  
Literature Study ◽  
Collection Method

This study aims to analyze the forms of action that are categorized as body shaming crimes and criminal law enforcement against body shaming crimes on social media. This study uses a normative juridical approach. The data used is in the form of secondary data consisting of primary and secondary legal materials. The data collection method uses literature study and descriptive qualitative analysis. The results of this study indicate that, the forms of action that are categorized as body shaming crimes, namely: the words uttered contain elements of physical insult and have humiliated and lowered one's self-esteem because they can be seen/witnessed by many people, making them feel sad and depressed. Perpetrators of body shaming can be charged under Article 315 of the Criminal Code, with a maximum imprisonment of four months and two weeks or a maximum fine of four thousand and five hundred rupiahs. And if it is done on social media, the perpetrator can be charged under Article 27 paragraph (3) jo. Article 45 paragraph (3) of the ITE Law with a maximum imprisonment of four years and/or a maximum fine of seven hundred and fifty million rupiah. The police also offer a settlement process in a non-litigation context, namely by maximizing penal mediation to reduce the build up of cases in court.

scholarly journals Studi Komparatif Tindak Pidana Aborsi dalam Perspektif Hukum Article Positif dan Hukum Pidana Islam (Imam Madzhab)

2021 ◽  
Vol 1 (2) ◽  
pp. 204-213
Author(s):  
Moh. Faqih
Keyword(s):  
Criminal Law ◽  
Islamic Law ◽  
Secondary Data ◽  
Criminal Code ◽  
Research Approach ◽  
Legal Research ◽  
Medical Reason ◽  
Positive Law ◽  
Approach Method

The rise of promiscuity and free sex is the reason for a large number of abortion perpetrators in Indonesia. In the enactment of the law stipulated in the Criminal Code (KUHP) regarding abortion, it is very clear that abortion is prohibited as well as from the perspective of Islamic law it is forbidden to abort the fetus unless there is a medical reason that an abortion must be performed. However, in the opinion of Madzhab, there is still a classification of permissibility before the blowing of the spirit and the scholars agree that it is haram to abort the fetus after blowing the spirit. The research approach used in this study is the Normative Juridical Research Method, namely the approach method used in this study is the normative juridical approach or doctrinal legal research, which is legal research that uses secondary data sources. The results of the research conducted by the author are to provide insight to readers so that they better understand the meaning of abortion and also the punishment of the perpetrators of the crime of abortion both in terms of positive law and Islamic criminal law. In finding the comparison of the punishment between positive law and Islamic criminal law lies in the age limit of the fetus that is in the content of the sanction based on Islamic criminal law, the punishment is to pay ghurrah or diyat Kamilah Dari before the blowing of the spirit or after the blowing of the spirit.

scholarly journals Kebijakan Pencabutan Hak Politik sebagai Pidana Tambahan dalam Perkara Korupsi di Indonesia

2021 ◽  
Vol 1 (1) ◽  
pp. 75
Author(s):  
Enha Sorandri Tahir
Keyword(s):  
Criminal Law ◽  
Criminal Policy ◽  
Criminal Code ◽  
Court Decisions ◽  
Political Rights ◽  
Legal Basis ◽  
Conceptual Approach ◽  
Approach Method ◽  
Research Type ◽  
Made In

Additional criminal to revoking political rights imposed on convicted corruption cases are referred to as extraordinary policy and efforts made in the context of eradicating the criminal act of corruption, in which corruption is categorized as an extra ordinary crime. The basis for additional criminal law deprivation of political rights is contained in the Criminal Code (KUHP) and Law Number 31 of 1999 concerning Eradication of Corruption as amended by Law Number 20 of 2001 (UU PTPK). This study aims to examine the additional criminal policy of deprivation of political rights against convicted corruption cases seen from the perspective of the purpose of punishment and the suitability of the legal basis used to apply additional crimes of deprivation of political rights against convicts of corruption. The type of research used in this study is the juridical normative research type. The methods used are the statutory approach method, conceptual approach, and case approach. Meanwhile, for data collection techniques, this study uses legal materials consisting of: a.) Primary legal materials, namely statutory regulations and court decisions; b.) secondary legal materials include legal books, legal journals and other scientific works in the field of law. The results of this study first reveal that the additional punishment for depriving political rights is not against the purpose of punishment. It reveals that the additional criminal legal basis for deprivation of political rights for convicted corruption cases should be more specific in determining the length of time for deprivation of political rights in the PTPK Law. KEYWORDS: Policy, Additional Punishment, Political Rights, Corruption

scholarly journals Responsibilities Of The Corporate Director Against The Dark Criminal Action In The Position Based On The Decision Of The Court Sumber Of Cirebon Regency (Studies on Decision No.202 / Pid.B / 2019 / PN.Sbr)

2020 ◽  
Vol 3 (1) ◽  
pp. 41
Author(s):  
Junaidi Junaidi ◽  
Sri Endah Wahyuningsih ◽  
Ira Alia Maerani
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Corporate Crime ◽  
Descriptive Analysis ◽  
Secondary Data ◽  
Criminal Code ◽  
Company Law ◽  
Primary Data ◽  
Criminal Offense ◽  
Sociological Approach

The problems of this study were 1) corporate position as the subject of criminal law in Indonesia? 2) law enforcement against corporations as subjects of a criminal offense of embezzlement in office at the Court Sumber of Cirebon Regency? 3) accountability of corporate directors to the crime of embezzlement in office by Court Sumber of Cirebon Regency.The method used by researchers is sociological approach juridical law and specification in this study were included descriptive analysis. The source and types of data in this study are primary data obtained from interviews with field studies The defendant and the Legal Counsel in prisons Cirebon, And secondary data obtained from the study of literature. Data were analyzed qualitatively.Based on the results of this study are The position of the corporation as a subject of criminal law in particular is currently only recognized in the Act governing the criminal offense outside the Criminal Code. Law enforcement has inkracht / final until a court decision with the principle of lex generalis / delict general, instead of using the principle of lex sepesialis for in the Penal Code there is no article regulating the criminal offense of corporate (Company Law) Law Company Limited of the Republic of Indonesia No. 40 of 2007 . Accountability director of the corporation against the crime of embezzlement in a position based on the decision of the Court Sumber of Cirebon Regency is from the start (LP) Police Report Number: LP B / 446 / X / 2017 / Jabar / RES CRB dated October 8, 2018 and has been decided by the Court in decision Number 202 / Pid.B / 2019 / PN Sbr.Keywords : Responsibility; Corporate; Crime; Fraud; Position.

scholarly journals PENERAPAN ASAS ULTIMUM REMEDIUM DALAM PENEGAKAN HUKUM PIDANA LINGKUNGAN HIDUP

2019 ◽  
Vol 3 (1) ◽  
pp. 15-22
Author(s):  
Imam Budi Santoso ◽  
Taun Taun
Keyword(s):  
Law Enforcement ◽  
Environmental Protection ◽  
Criminal Law ◽  
Environmental Law ◽  
Criminal Code ◽  
Criminal Sanction ◽  
Water Quality Standards ◽  
Environmental Laws ◽  
Administrative Sanction ◽  
Principle Of Legality

The enforcement of environmental law in Indonesia today is growing , environmental laws and regulations are continuously equipped for sustainable development. But, enforcement of environmental law is still not as expected, in environmental law enforcement there are several ways of settlement that must be taken, administratively, alternatives dispute resolution and criminal law, but in criminal law enforcement regulated in Article 100 paragraph (2) of Law Number 32 Year 2009 on Environmental Protection and Management, criminal acts can only be applied if the administrative sanction is not complied with or violation is more than one time, then in explanation point 6 of Law Number 32 Year 2009 on Environmental Protection and Management, enforcement of environmental criminal law should pay attention to the principle of ultimum remedium which requires the application of criminal law enforcement as a last resort after the implementation of administrative law enforcement is deemed unsuccessful, and the application of the ultimum remedium principle applies only to certain offensive crimes, namely the prosecution of violations of waste water quality standards, emissions, and disturbances. However, if it is related to the legality principle contained in Article 1 paragraph (1) of the Criminal Code and the basis of criminal abrogation, the ultimum remedium principle is contradictory, criminal law should continue based on the principle of legality and stopped by the ultimum remedium principle on the basis of criminal sanction, whereas the basis of criminal abrogation has been clearly defined in the Criminal Code.

scholarly journals THE NARCOTICS ABUSE TERM WEAKNESSES IN CRIMINAL LAW ENFORCEMENT OF INDONESIA

2021 ◽  
Vol 8 (1) ◽  
pp. 34
Author(s):  
Elpina Elpina ◽  
Mariah Sonanggok Purba
Keyword(s):  
Drug Abuse ◽  
Law Enforcement ◽  
Criminal Law ◽  
Criminal Code ◽  
Minimal System ◽  
Code System ◽  
Research Results ◽  
Criminal Sanctions ◽  
Approach Method ◽  
Special Rules

A crime of narcotics abuse has experienced an alarming development, one of which is the increasing factor of narcotics abuse, one of which is the legal vacuum in law enforcement against drug abuse. The approach method used uses a normative juridical approach, the research results obtained are the weaknesses of narcotics criminal law enforcement include: (a) in the formulation of criminal sanctions, namely most of the criminal sanctions in Act No. 35 of 2009 are formulated cumutatively, in the formulation of the most cumulations are between imprisonment and sufficient fines. large, there are no special rules for corporations that do not pay fines, and no specific types of sanctions (criminal / action) are seen for corporations (b) related to the issue of criminal threats, namely: there are offenses that are given a special minimum criminal threat which is If there is a deviation from the Criminal Code system, there are no specific guidelines or regulations for the application of minimum penalties, and there are no specific criminal rules to implement the minimal system can be a problem if there is participation, trial, discourse, recidive, criminal mitigation, expiration, and so on.

scholarly journals PENERAPAN ASAS ULTIMUM REMEDIUM DALAM PENEGAKAN HUKUM PIDANA LINGKUNGAN HIDUP

2018 ◽  
Vol 3 (1) ◽  
pp. 15-22
Author(s):  
Imam Budi Santoso ◽  
Taun Taun
Keyword(s):  
Law Enforcement ◽  
Environmental Protection ◽  
Criminal Law ◽  
Environmental Law ◽  
Criminal Code ◽  
Criminal Sanction ◽  
Water Quality Standards ◽  
Environmental Laws ◽  
Administrative Sanction ◽  
Principle Of Legality

The enforcement of environmental law in Indonesia today is growing , environmental laws and regulations are continuously equipped for sustainable development. But, enforcement of environmental law is still not as expected, in environmental law enforcement there are several ways of settlement that must be taken, administratively, alternatives dispute resolution and criminal law, but in criminal law enforcement regulated in Article 100 paragraph (2) of Law Number 32 Year 2009 on Environmental Protection and Management, criminal acts can only be applied if the administrative sanction is not complied with or violation is more than one time, then in explanation point 6 of Law Number 32 Year 2009 on Environmental Protection and Management, enforcement of environmental criminal law should pay attention to the principle of ultimum remedium which requires the application of criminal law enforcement as a last resort after the implementation of administrative law enforcement is deemed unsuccessful, and the application of the ultimum remedium principle applies only to certain offensive crimes, namely the prosecution of violations of waste water quality standards, emissions, and disturbances. However, if it is related to the legality principle contained in Article 1 paragraph (1) of the Criminal Code and the basis of criminal abrogation, the ultimum remedium principle is contradictory, criminal law should continue based on the principle of legality and stopped by the ultimum remedium principle on the basis of criminal sanction, whereas the basis of criminal abrogation has been clearly defined in the Criminal Code.

scholarly journals Tindak Pidana Penggelapan Dalam Jabatan Dilakukan Oleh Sales Executive Hotel The Hill Sibolangit Medan (Studi Kasus Putusan Nomor : 1170/Pid.B/2016/PN. Mdn)

2020 ◽  
Vol 2 (1) ◽  
pp. 24-32
Author(s):  
Edianto Sihaloho ◽  
Ridho Mubarak ◽  
Riswan Munthe
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Social Problems ◽  
Criminal Code ◽  
Criminal Sanction ◽  
The Hill ◽  
Enforcement Policies

The use of criminal law efforts as an effort to overcome social problems, including in the field of law enforcement policies to achieve the welfare of society in general. These developments have greatly influenced various parties / persons to carry out various ways in fulfilling their wishes, one of which is the embezzlement of the position stipulated in Article 374 of the Criminal Code. This study aims to determine the forms of embezzlement in the criminal law. The method used in this research is normative juridical and conducting direct interviews with the Judges involved in the decision based on the decision number: 1170 / Pid.B / 2016 / PN. MDN. The result of the research is that this form of embezzlement takes place in a position, that is, misusing an existing position Factors that cause embezzlement based on data obtained in general is the decline in employee mentality is one of the factors that cause embezzlement. The application of the criminal sanction of embezzlement in a position must first be seen from its elements. Where the penalty that can be imposed is contained in Article 374 of the Criminal Code.

scholarly journals The Law Enforcement Against the Criminal Acts of Destruction of Crops

FIAT JUSTISIA ◽  
2018 ◽  
Vol 11 (4) ◽  
pp. 317
Author(s):  
Eddy Rifai
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Supreme Court Decision ◽  
Criminal Code ◽  
Research Approach ◽  
Writing Research ◽  
The Supreme Court ◽  
The Law ◽  
Agrarian Law ◽  
Ownership Rights

This research uses a normative juridical approach to study the law enforcement against the criminal acts of destruction of crops, about the regulation on the Civil and Agrarian Law. The research approach uses a normative juridical approach that is based on legislation, theories, and concepts related to writing research. The result of the research asserts that the law enforcement against the criminal acts of destruction of crops based on the judges of the Supreme Court Decision No. 1909 K / Pid / 2010, using the viewpoint of Agrarian Law to the principle of horizontal separation asset that the holders of rights to land only control the extent of its surface, while the building or anything inherent in the land have different ownership rights to its land. The criminal law enforcement using viewpoint of Law No. 5 Of 1960 Regarding The Basic Regulations On Agrarian Principles (UUPA) did not need to prove the ownership of the land between the two conflicting party but to prove who the owner of the destroyed crops is. If the plant grows the property of the complainant party then the reported person will meet the elements as perpetrators of criminal acts in the Article 406 paragraph (1) of the Criminal Code. However, by using the legal basis of the Law Number 51 PRP of 1960 on Prohibition to Using the Land without Obtaining the Permission from the Owner of the Land or the Authorized Person (the “Law No 51 PRP/1960”), landowners can maintain proprietary rights and submit the case to the legal process procedure, hence it does not need to happen that the crop destruction by the owner of the land will be entangled in criminal law pursuant to the Article 406 paragraph (1) Criminal Code. Keyword: Law Enforcement, The Criminal Acts, The Destruction of Crops.  

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