scholarly journals MEDIASI PENAL PERSPEKTIF HUKUM PIDANA ISLAM

2017 ◽  
Vol 18 (1) ◽  
pp. 43
Author(s):  
Moch. Choirul Rizal
Keyword(s):  
Criminal Law ◽  
Law Reform ◽  
Criminal Case ◽  
Voluntary Agreement ◽  
Her Family ◽  
The Core ◽  
Criminal Offenses ◽  
Set Up ◽  
Core Idea ◽  
Conceptual Study

<p>This conceptual study is to review two things. First, the penal mediation concept in perspective of Islamic criminal law. By outlining penal mediation as an alternative to the settlement of a criminal case out of court through a voluntary agreement between the victim and the perpetrator, then, at least, it is in accord with the concept of qishash-diyat and its punishment. Second, the contribution of the core idea of mediation penal in perspective of Islamic criminal law is for criminal law reform in Indonesia. In a review of these studies, the core idea of mediation penal in Islamic criminal law perspective fulfills the philosophical, juridical, and sociological aspects, so that the criminal law reform led to the strengthening and optimizing the penal mediation as an alternative to the settlement of the criminal case. The core ideas are: (1) the existence of penal mediation is necessary to set up first by legislation in Indonesia; (2) not all criminal offenses can be resolved through mediation penal; (3) there is no element of coercion on the involvement of both parties in conducting penal mediation; (4) the compensation agreed upon by the perpetrator and the victim or him/her family shall be given directly to victims or their families and not to the state; and (5) the completion of the criminal case by optimizing the penal mediation can abolish punishment for the perpetrators.</p>

scholarly journals ‘The Very Foundations of Any System of Criminal Justice’: Criminal Responsibility in the Australian Model Criminal Code

2017 ◽  
Vol 6 (3) ◽  
pp. 8-24 ◽  
Author(s):  
Arlie Loughnan
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Criminal Code ◽  
Law Reform ◽  
Reform Process ◽  
Conceptual Level ◽  
Top Down ◽  
The Core ◽  
Reform Project

The Model Criminal Code (MCC) was intended to be a Code for all Australian jurisdictions. It represents a high point of faith in the value and possibility of systematising, rationalising and modernising criminal law. The core of the MCC is Chapter 2, the ‘general principles of criminal responsibility’, which outlines the ‘physical’ and ‘fault’ elements of criminal offences, and defines concepts such as recklessness. This paper assesses the MCC as a criminal law reform project and explores questions of how the MCC came into being, and why it took shape in certain ways at a particular point in time. The paper tackles these questions from two different perspectives—‘external’ and ‘internal’ (looking at the MCC from the ‘outside’ and the ‘inside’). I make two main arguments. First, I argue that, driven by a ‘top down’ law reform process, the MCC came into being at a time when changes in crime and criminal justice were occurring, and that it may be understood as an attempt to achieve stability in a time of change. Second, I argue that the significance of the principles of criminal responsibility, which formed the central pivot of the MCC, lies on the conceptual level—in relation to the language through which the criminal law is thought about, organised and reformed.

scholarly journals Law Enforcement on Ordinary Crimes in Minor Motive using Restorative Justice: Perspective Criminal Law Reform

2017 ◽  
Vol 1 (2) ◽  
pp. 63
Author(s):  
Jonlar Purba
Keyword(s):  
Law Enforcement ◽  
Restorative Justice ◽  
Criminal Law ◽  
Law Reform ◽  
Spider Webs ◽  
Small Communities ◽  
Direct Participation ◽  
Criminal Offenses

<p align="justify">The disparity by judges in decisions led to the inability of people facing criminal offenses. Laws are not grounded to small communities, the judicious use of a crime in Indonesia as well as the strength of spider webs in which only able to ensnare minor crimes, but are not able to touch the major crimes that occurred in Indonesia. This study uses normative juridical. The results of this study found that completion ordinary crime patterned petty can be reached with a restorative justice approach, so it can focus on the direct participation of the offender, victim and community.</p>

scholarly journals Sanksi Pidana Kerja Sosial Terhadap Tindak Pidana Ringan Sebagai Upaya Pembaharuan Hukum Pidana Nasional

2020 ◽  
Vol 4 (2) ◽  
pp. 352
Author(s):  
Teafani Kaunang Slat
Keyword(s):  
Criminal Law ◽  
Social Service ◽  
Community Safety ◽  
Law Reform ◽  
Criminal Sanction ◽  
Community Needs ◽  
Criminal Offenses

This study aims to evaluate the provisions related to social service crime in the draft criminal law (R-KUHP) in the act of national criminal law reform. The study uses a normative juridical with a statue approach. The urgency of social service as the main criminal sanction against minor offenses can be justified through a combined criminal theory. Social service appropriate in the case of minor criminal offenses because this criminal has the advantage, i.e., the criminal sanction is punitive and still maintaining that the perpetrator can reintegrate into the community. The provisions of social service in the R-KUHP are quite complete and comprehensive. But several things can be noted, i.e., the need for adjustments to several clauses in the R-KUHP related to the provisions of social service and assessment to test the defendant’s readiness to work in the community needs to be more oriented towards community safety.

scholarly journals KESAKSIAN PENYIDIK DALAM PEMBUKTIAN PERKARA PIDANA (STUDI KASUS : PUTUSAN NO. 1273/PID.B/2013/PN.JKT.SEL)

2019 ◽  
Vol 1 (2) ◽  
pp. 449
Author(s):  
Ariadi Hanta Wijaya ◽  
Firman Wijaya
Keyword(s):  
Criminal Law ◽  
Civil Servants ◽  
Criminal Investigation ◽  
Criminal Case ◽  
Public Prosecutor ◽  
Criminal Proceedings ◽  
Criminal Offense ◽  
The Public ◽  
The Core ◽  
Almost All

In the context of criminal law, proof is the core of criminal proceedings because what is sought in criminal law is material truth. Basically, this aspect of proof has actually begun at the stage of criminal investigation. The act of investigation and investigation will be carried out immediately in the event of a criminal offense, the existence of a criminal offense can be known by the officer, with reports, complaints, caught red-handed, or known directly by the officer. So, before an act of investigation is carried out, an investigation is carried out by an investigating official, with the intention and purpose of finding and finding an event that is investigated a criminal event or not, if the investigation results as a criminal event, an investigation can be carried out. or certain civil servants who are authorized to carry out investigations, before the investigator conducts investigations such as making arrests, calling, searching, detaining, confiscating, the investigator must notify the public prosecutor so that the prosecutor can follow his investigation from the beginning, and if deemed necessary to give instructions in order to perfect the investigation. In the murder case with the defendant Andro and Benges, the witnesses presented by the Public Prosecutors in the trial were almost all investigators who examined this case. If only an investigator is present in proving someone guilty or not in a criminal case, of course the investigator will justify what he has done so that his statement becomes not objective.

KONSEP RESTORATIVE JUSTICE MELALUI MEDIASI PENAL DALAM PENYELESAIAN PERKARA PIDANA BERMOTIF RINGAN PADA MASYARAKAT ADAT KAMPUNG KUALA GASIB DI KECAMATAN KOTO GASIB KABUPATEN SIAK

2018 ◽  
Vol 1 (4) ◽  
Author(s):  
ELMA YANTI
Keyword(s):  
Law Enforcement ◽  
Restorative Justice ◽  
Indigenous People ◽  
Criminal Case ◽  
Criminal Cases ◽  
Legal Research ◽  
Direct Participation ◽  
Criminal Offenses ◽  
Differences Of Opinion ◽  
Law Enforcement Officials

The settlement of criminal offenses with mild motives can be carried out by reasoning penal mediation called the restorative justice approach, which focuses on the direct participation of perpetrators, victims and the community. The research that use in this study is sociological legal research (social legal research). The concept of restorative justice through reasoning penal mediation in the settlement of a mildly criminal case for the indigenous people of village kuala gasib in koto gasib siak, was carried out with the intermediary of the headman. Headman as customary village heads and as government administrators have an important role in creating peace efforts in resolving disputes that occur in the community, one of which is through the settlement of criminal cases by reasoning penal mediation with the concept of restorative justice. The constraints of the concept of restorative justice through reasoning penal mediation in the settlement of mildly criminal cases for the indigenous people of village kuala gasib in koto gasib siak are: a) The absence of a special law mediation of regulation, b) Lack of facilities and infrastructure in mediating, c) Lack of mediator skills for village head to reconcile the parties to the dispute, d) There are differences of opinion among law enforcement officials about the concept of restorative justice through penal mediation

Sustainable Development is a Dead-End: The Logic of Modernity and Ecological Crisis

2020 ◽  
Author(s):  
Simon Lumsden
Keyword(s):  
Sustainable Development ◽  
Ecological Crisis ◽  
Self Determination ◽  
Ecological Sustainability ◽  
Planetary Boundaries ◽  
Western Modernity ◽  
Conceptual Frame ◽  
The Core ◽  
Dead End ◽  
Core Idea

This paper examines the theory of sustainable development presented by Jeffrey Sachs in The Age of Sustainable Development. While Sustainable Development ostensibly seeks to harmonise the conflict between ecological sustainability and human development, the paper argues this is impossible because of the conceptual frame it employs. Rather than allowing for a re-conceptualisation of the human–nature relation, Sustainable Development is simply the latest and possibly last attempt to advance the core idea of western modernity — the notion of self-determination. Drawing upon Hegel’s account of historical development it is argued that Sustainable Development and the notion of planetary boundaries cannot break out of a dualism of nature and self-determining agents.

CRIMINAL LAW IN PROTECTION OF HEALTH FROM THE ABUSE OF DRUGS IN SERBIA

2018 ◽  
Vol 28 (6) ◽  
pp. 1939-1946
Author(s):  
Miodrag Simović ◽  
Dragan Jovašević ◽  
Marina M. Simović
Keyword(s):  
United Nations ◽  
Criminal Law ◽  
International Standards ◽  
Individual State ◽  
Criminal Sanctions ◽  
Criminal Offenses ◽  
Different Types ◽  
The Republic ◽  
To Come ◽  
Practical Sense

Based on international standards adopted within the framework and under the Organisation of the United Nations, all national legislations recognise several different types and forms of criminal acts regarding misuse of narcotics. It is the matter of various activities of unauthorized production, traffic and other forms of inciting or enabling others to come into possession of narcotics for immediate use, which seriously endangers the health and life.Depending on the needs of each individual state, the distinction is made between the offenses, for the perpetrators are given different types and measures of penalties and other criminal sanctions. A similar situation exists in the Republic of Serbia.The paper analyzes the system of criminal offenses in various types and forms of manifestation in the theoretical and practical sense for whose offenders that are prescribed serious criminal sanctions.

Errors in the Application of the Criminal Law on Certain Corruption Crimes in Practice of Appeal and Cassation Courts

2020 ◽  
Vol 6 ◽  
pp. 72-80
Author(s):  
A. V. Galahova ◽  
Y. I. Antonov ◽  
Keyword(s):  
Criminal Law ◽  
Criminal Case ◽  
Criminal Cases ◽  
Retroactive Effect

The article is devoted to systematization of generalized appeal and cassation practice on errors in criminal cases of corruption crimes in 2017–2018. Errors are systematized in such areas as the unfairness of the sentence; the absence of a crime in the act; inconsistency of the conclusions of the court set out in the sentence, the actual circumstances of the criminal case; incorrect application of the provisions of the criminal law in time and its retroactive effect.

scholarly journals Evaluating #MeToo: The Perspective of Criminal Law Theory

2021 ◽  
Vol 22 (5) ◽  
pp. 833-846
Author(s):  
Tatjana Hörnle
Keyword(s):  
United States ◽  
Criminal Law ◽  
The United States ◽  
Law Reform ◽  
Final Part ◽  
Social Phenomenon ◽  
Criminal Punishment ◽  
The Impact

AbstractThe article describes the #MeToo-movement in the United States and Germany and discusses the merits and problems of this social phenomenon. It highlights the fact that some features of #MeToo (blaming and sanctioning wrongdoers) resemble those of criminal punishment and thus require careful justification. In the final part, the author examines the impact of the #MeToo-movement on criminal law reform.

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