scholarly journals Victimological Approaches to Crime of Rape in Indonesian Criminal Justice System

2019 ◽  
Vol 4 (3) ◽  
pp. 366
Author(s):  
Khudzaifah Dimyati ◽  
Angkasa Angkasa
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Criminal Law ◽  
Justice System ◽  
Legal Protection ◽  
Criminal Procedure ◽  
Penal Code ◽  
Rape Victims ◽  
Procedure Code ◽  
Sense Of Justice

Neglect of rape victims in the Indonesian Criminal Justice System implicates at least two things; first, the victim does not receive legal protection, and second, the decisions of judges do not fulfill the sense of justice. Neglect of victims in the Criminal Justice System cannot be separated from the theory, doctrine and legislation, especially criminal law or the Penal Code, Criminal Procedure Code and the Corrections Act, which is oriented merely to the perpetrators (criminal oriented) instead of victims (victim oriented). Regarding the conditions above, this study was intended to provide a solution of the problems so that victims in the Criminal Justice System obtain legal protection and the decision of judges could fulfill the sense of justice.

scholarly journals Eavesdropping in the Iranian Criminal Justice System

2018 ◽  
Vol 5 (2) ◽  
pp. 60
Author(s):  
Mansour Rahmdel
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Criminal Procedure ◽  
Penal Code ◽  
Exact Nature ◽  
Human Beings ◽  
Procedure Code ◽  
The Individual ◽  
Full Protection

That the individual shall have full protection in person is a principle as old as the human beings life, but it has beenfound necessary from time to time to define anew the exact nature and extent of such protection. As civilizationadvanced, an individual’s feelings and intellect, as well as his physical being, came within the scope of the legal“right to be let alone.”Iranian Constitution has guaranteed individual’s rights and freedom and has explicitly referred to forbiddance ofeavesdropping and interception of conversations in its article 25. Article 582 of Penal Code ratified in 1996 hascriminalized eavesdropping by the governmental officials. Article 104 of Criminal Procedure Code, which wasabolished in 2014, referred to eavesdropping under the judge’s order. Article 150 of new criminal procedure coderatified in 2014, and came into force in October 2014, has provided adequate safeguards to protect the individual’srights.

scholarly journals The Right of the Accused to Compensation in the Iranian Criminal Justice System

2018 ◽  
Vol 1 (1) ◽  
pp. 76
Author(s):  
Mansour Rahmdel
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Criminal Procedure ◽  
Penal Code ◽  
Procedure Code ◽  
The Government ◽  
The Right ◽  
International Conventions ◽  
Rule Out

<em>Normally, the right to compensation refers to the victim’s compensation. The legislator also typically refers to the right to it, as the Iranian Criminal Procedure Code has done so in articles 14 and 15. But the present paper, refers not to the victim’s, but the accused right. The Criminal Procedure Code of 1912 and 1999 referred to the possibility of compensating the accused by the iniquitous private complainant. However, none of them referred to the government’s obligation to compensate to the innocent accused. In contrast, the Penal Code of 2014 stipulates the government’s obligation to compensate the defendant for damages, but does not rule out the possibility of compensation by iniquitous complainant. Certainly, it does not exempt the complainant to compensation. Reaffirming the responsibility of the government to offset the losses of innocent accused, in line with international conventions, is one of the highlights of the new code. But the lack of compensation for unjustified detention is one of the gaps in the new code. This paper proposes that the Iranian new code of criminal procedure, serves as a development in respecting the accused right in creating comprehensive compensation schemes.</em>

scholarly journals POLITIK HUKUM PIDANA DALAM PERLINDUNGAN TERHADAP KORBAN KEJAHATAN DI INDONESIA

2012 ◽  
Vol 1 (3) ◽  
pp. 379
Author(s):  
Rena Yulia
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Criminal Law ◽  
Justice System ◽  
Criminal Procedure ◽  
System Protection ◽  
Procedure Code ◽  
The Social ◽  
Protection Of Human Rights ◽  
Victims Of Crime

Protection of victims of crime is part of the protection of human rights as a whole. The protection that provided was the responsibility of the state that has been manifested in a criminal law policy. The ultimate goal of the criminal law policy is the social defence to achieve the overriding goal of social welfare. Criminal law policy is basically also an integral part of social policy. Criminal Law Policy in Indonesia contained in implementation of the criminal policies through the establishment of statue such as the Penal Code, Criminal Procedure Code, and other organic laws which governing the criminal provisions in it. Criminal Law Policy was emerged from political law which integrated into the criminal policies that embodied in laws governing the criminal provisions. This essay is trying to discuss how criminal law policy in Indonesia that has been implemented, and how the criminal law policy in providing the protection of victims of crime through the criminal justice system in Indonesia. Currently, the criminal law policy regarding the protection of victims of crime has been regulated. But the provisions have not fully provides protection to victims of crime. It can be seen in Act No. 8 of 1981 on the Code of Criminal Procedure Act which gave more protection to the suspect than to the protection of victims. Furthermore, Law No. 13 of 2006 on the Protection of Witnesses and Victims provide better protect witnesses than victims. This is due to the Act appears to provide protection to witnesses incorruption cases. Keywords: the criminal law policy, the criminal justice system, protection of victims of crime.

scholarly journals Policy Formulations of the Fisheries Criminal Act: An Investigation of the Authority of the Criminal Justice System in Indonesia

2014 ◽  
Vol 2 (1) ◽  
pp. 165
Author(s):  
Deassy J. A. Hehanussa ◽  
Koesno Adi ◽  
Masruchin Ruba’i ◽  
Pridja Djatmika
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Justice System ◽  
Justice System ◽  
Criminal Procedure ◽  
Civil Servant ◽  
Maritime Security ◽  
Public Prosecutor ◽  
Procedure Code ◽  
National Police

Law enforcement implementation of fisheries criminal act especially for investigation based on Article 73 (1) of Law No. 45 of 2009 is executed by Fishery Civil Servant Investigator (PPNS), Investigator of Indonesian Navy officer and/or Investigator of Indonesian National Police. This investigation authority is called as attribution authority meaning that the authority is granted by the order of law. This regulation grants the same authority to these three institutions to investigate and submit their investigation report to public prosecutor without any cohesive system in its implementation. If it is linked to Law No. 8 of 1981 as an illustration of criminal justice system of Indonesia which is referred as the basis of common and specific criminal law enforcement, it emerges juridical weakness as a consequence of regulation inconsistency including conflict of norm between Criminal Procedure Code (KUHAP) and Fisheries Act. This inconsistency emerges conflict of authority among those investigators and emerges law indeterminacy. Hence, reformulate investigation authority of fisheries criminal act needs to be conducted along with paying attention on waters territory of Indonesia upon Law No. 6 of 1996 about Waters Territory of Indonesia despite law enforcement mechanism which had to be enforced corporately. This study result concludes that inconsistency of investigation authority formulation in fisheries criminal act in criminal justice system not only emerges fuzziness of norm but also conflict of norm between Law No. 8 of 1981 about Criminal Procedure Code and Law No. 45 of 2009. This emerges because there is an overlapping of investigation authority among 3 institutions, i.e., Fishery Civil Servant, Indonesian Navy and the Police. Formation team of Indonesian Maritime Security Coordinating Board (Bakorkamla) only has an authority as coordinating function. Hence, to maximize the law enforcement in the ocean, function of Indonesian Maritime Security Coordinating Board should be improved as a coordinator of law enforcement in ocean territory of Indonesia.

scholarly journals Crime Stories: Posnerian Pragmatism, Rawlsian Pure Procedural Justice, and the Fictional Problem

2004 ◽  
Vol 9 (2) ◽  
pp. 644-654 ◽  
Author(s):  
John R Morss
Keyword(s):  
Criminal Justice ◽  
Procedural Justice ◽  
Criminal Justice System ◽  
Criminal Law ◽  
Justice System ◽  
Criminal Procedure ◽  
Criminal Trial ◽  
Double Jeopardy ◽  
Past Event ◽  
Crime Stories

[There are many different ways in which law and truth may be said to be related. It is perhaps in the criminal trial that connections between them are of most signifi- cance. An orthodox way of describing a criminal trial is that the criminal procedure is seeking to establish the truth concerning some past event, and that success of the procedure is measured by how close its outcome converges with that truth. Crimi- nal justice presents the community with challenging dilemmas in this regard, such as those arising from the notion of double jeopardy. This paper discusses the Rawl- sian notions of ‘imperfect’, ‘perfect’ and ‘pure’ procedural justice, and suggests against Rawls that it is pure procedural justice that best represents what we want from a criminal justice system. Good procedure makes good criminal law. A com- parison is made with the writings of Habermas and Posner, and given that pure procedural justice eschews transcendental truths, some brief comments are made on the convergence of that position with the realm of the fictional.] 

scholarly journals A Critical Study on Implementation of Section 357A of the Criminal Procedure Code with reference to the Rights of the Victims

2021 ◽  
Vol 6 (9) ◽  
pp. 45-56
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Criminal Procedure ◽  
The State ◽  
Judicial System ◽  
Critical Study ◽  
Legal Service ◽  
Procedure Code

It is a weakness of our jurisprudence that the victims of the crimes, and the distress of the dependants of the prisoner, do not attract the attention of the law .The District Legal Service Authority (DLSA) or the State Legal Service Authority (SLSA) needs to decide the quantum of compensation to be given under the scheme. Section 357A was a necessary enactment, and is useful, because the victim need not prove his case to get compensation under this section, which should hasten the process, but unfortunately the scheme is not being implemented completely. This paper analyses the plight of the victims of crimes under the Indian Criminal Justice System, and the importance of section 357A for protection of their rights. It further argues that that the scheme is not being implemented properly, and there is a lack of uniformity in the statute of each state. The verification procedure of these states is justified only if it does not hinder the compensation of a genuine victim. It explains the importance of immediate compensation, and the role of judiciary in the journey from the enactment to implementation of any scheme and statute. This paper concludes by suggesting changes that could be brought into the Indian Criminal judicial system for the betterment of the victim’s right and society atlarge.

scholarly journals Kebijakan Hukum Pidana dalam Penanggulangan Tindak Pidana Perdagangan Anak

2020 ◽  
Vol 1 (2) ◽  
pp. 374-378
Author(s):  
I Ketut Eka Yoga Juliantika ◽  
I Made Sepud ◽  
I Ketut Sukadana
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Criminal Law ◽  
Child Protection ◽  
Justice System ◽  
Criminal Code ◽  
Trafficking In Persons ◽  
Legal Research ◽  
Child Trafficking ◽  
Procedure Code

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.

scholarly journals IMPLEMENTASI ASAS LEX SPECIALIS DEROGAT LEGI GENERALI DALAM SISTEM PERADILAN PIDANA

2015 ◽  
Vol 44 (4) ◽  
pp. 503
Author(s):  
Shinta Agustina
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Criminal Procedure ◽  
Penal Code ◽  
Criminal Cases ◽  
Justice Process ◽  
Criminal Justice Process ◽  
Cumulative Model

This study aims to assess and analyze the application of the principle of lex specialis the derogat legi generali in the Criminal Justice System related to the stages in the criminal justice process, and the form of the indictment in applying the principle of lex specialis the derogat legi generali. The method used is empirical juridical with descriptive analytical. The result shows that this principle is applied in criminal cases that violating the general and special criminal provisions in the Penal Code, the general criminal provisions in the Penal Code and special criminal provisions outside the Penal Code, as well as criminal cases that violating two special criminal acts outside the Penal Code. Regarding the fase of criminal procedure in handling the case under this principle, it is implemented in the adjudication process, using the subsidiarity or cumulative model of chargingPenelitian ini bertujuan untuk mengkaji dan menganalisis penerapan asas lex specialis derogat legi generali dalam Sistem Peradilan Pidana terkait dengan tahapan dalam proses peradilan pidana, dan bentuk surat dakwaan dalam menerapkan asas lex xpecialis derogat legi generali tersebut. Metode penelitian yang digunakan adalah metode  yuridis empiris yang bersifat deskriptif analitis. Hasil penelitian memperlihatkan bahwa asas lex specialis derogat legi generali diterapkan dalam perkara pidana yang mempertemukan ketentuan pidana umum dan khusus dalam KUHP, ketentuan pidana umum dalam KUHP dan ketentuan pidana khusus di luar KUHP, serta perkara pidana yang mempertemukan dua atau lebih ketentuan pidana khusus di luar KUHP. Berkenaan dengan tahapan dalam sistem peradilan pidana, asas ini diterapkan dalam tahap adjudication, yang mengharuskan surat dakwaan dibuat dalam model subsidiaritas atau kumulatif

scholarly journals Peran Advokat Sebagai Penegak Hukum Dalam Mendukung Terwujudnya Sistem Peradilan Pidana Terpadu Dalam Penegakan Hukum Pidana Di Indonesia

2018 ◽  
Vol 1 (1) ◽  
Author(s):  
Setyo Langgeng
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Justice System ◽  
Justice System ◽  
Criminal Procedure ◽  
Legal Assistance ◽  
Literature Study ◽  
Real Place ◽  
Procedure Code

AbstrakKeberadaan Advokat sebagai penegak hukum telah diatur didalam Pasal 5 Undang-undang Republik Indonesia Nomor 18 Tahun 2003 tentang Advokat. Namun, mengenai bagaimana bentuk dan tempat nyata peran Advokat sebagai penegak hukum masih samar, khususnya dalam perannya sebagai komponen pendukung terwujudnya sistem peradilan pidana terpadu, akibatnya penegakan hukum pidana di Indonesia belum optimal. Penelitian ini menggunakan metode penelitian hukum normatif atau studi kepustakaan, yaitu dengan menganalisa UU.RI. No. 18 tahun 2003 tentang Advokat dan UU.RI No. 8 tahun 1981 tentang Hukum Acara Pidana (KUHAP), serta peraturan perundang-undangan lainya dan bahan pustaka yang terkait dengan peran Advokat guna menjawab permasalahan. Hasil penelitian menunjukan bahwa dari segi bentuk dan tempatnya, terdapat 2 (dua) peran Advokat sebagai penegak hukum, yaitu (1) Peran Advokat dalam bentuk pendampingan hukum terhadap pelaku berdasar Pasal 54 KUHAP, (2) Peran Advokat dalam bentuk pendampingan hukum terhadap korban yang diatur diluar KUHAP. Diharapkan sebagai bahan masukan bagi penegak hukum dalam penegakan hukum dan keadilan di Idonesia.Kata kunci : Advokat, Penegak Hukum, Sistem Peradilan Pidana Terpadu�AbsractThe existence of Advocates as law enforcement has been regulated in Article 5 of Law of the Republic of Indonesia Number 18 Year 2003 regarding Advocate. However, regarding how the form and the real place of the Advocate role as law enforcement is still vague, especially in its role as a supporting component of the establishment of integrated criminal justice system, consequently the enforcement of criminal law in Indonesia is not optimal yet. This research uses normative legal research method or literature study, that is by analyzing UU.RI. No. Law No. 18 of 2003 on Advocates and Law no. 8 of 1981 on Criminal Procedure Code (KUHAP), as well as other legislation and library materials related to the role of Advocates in order to answer the problem. The result of research shows that in terms of form and place, there are 2 (two) Advocates role as law enforcers, namely (1) Role of Advocate in the form of legal assistance to the perpetrator based on Article 54 KUHAP, (2) Role of Advocate in the form of legal assistance to the victims is regulated outside the Criminal Procedure Code. It is expected to be an input for law enforcement in law enforcement and justice in Indonesia.Keywords : Advocate, Law Enforcement, Integrated Criminal Justice System

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