scholarly journals THE MODEL OF CORRUPTION COURT BASED ON IT IN THE ARCHIPELAGO PROVINCE AS A QUICK, LOW COSTS, AND SIMPLE IMPLEMENTATION PROCESS

2017 ◽  
Vol 6 (1) ◽  
Author(s):  
Sulistyanta ◽  
Aksi Sinurat ◽  
Jauhari Effendi ◽  
Fatma Ayu Jati Putri
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Law ◽  
Low Cost ◽  
Implementation Process ◽  
Criminal Court ◽  
Long Time ◽  
Simple Implementation ◽  
Provincial Capital ◽  
Low Costs

<p align="center"><strong>ABSTRACT</strong></p><p>The enactment of Law no. 46 Year 2009 about corruption court, is authorized to examine and decide the crime of corruption cases proposedby KPK or Prosecutor (State and High). Based on Article 35 paragraph (1) jo paragraph (4) of Law Number 46 of 2009, confirmed that corruption courts (TIPIKOR courts) are only located in each provincial capital whose jurisdiction covers the province concerned. By this provision, the Prosecutor Office in each district/city must transfer the corruption cases to the Corruption Court in the provincial capital. There are the problems as the following: first one, Is the process of criminal justice in the archipelago province like NTT able to fulfill the judicial principle of quick, low cost and simple?; second one, Is this condition not an obstacle in the process of criminal law enforcement in NTT?; The result of this research is that the Corruption Court in Kupang, conducted by several Prosecutor Offices, the samples do not meet the judicial principles of quick, low costs and simple. The obstacles besides spending much expenses, there are other factors such as weather, intentionally neglect the obligation as the experts, witnesses due to long time and high expenses.  Law enforcement becomes less maximal due to the existing budget, and it can only be done by a minimal law enforcement process with a fairly expensive cost.                                   </p><p><strong><em>Keyword (Keywords): Trial, </em><em>Criminal Court</em><em>,</em><em> TIPIKOR,</em><em> Archipelago, Expenses incurred.</em></strong></p>

scholarly journals THE MODEL OF CORRUPTION COURT IN THE ARCHIPELAGO PROVINCE WITH LOW COSTS, QUICK, AND SIMPLE PROCESS OF IMPLEMENTATION

2017 ◽  
Vol 6 (1) ◽  
Author(s):  
Sulistyanta , ◽  
Aksi Sinurat ◽  
Jauhari Effendi ◽  
Fatma Ayu Jati Putri
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Law ◽  
Low Cost ◽  
Criminal Court ◽  
Simple Process ◽  
Long Time ◽  
Provincial Capital ◽  
Low Costs ◽  
Crime Of Corruption

<p align="center"><strong>ABSTRACT</strong></p><p>The enactment of Law Number 46 of 2009 about Corruption Court, is authorized to examine and decide the crime of corruption cases proposedby KPK or Prosecutor (State and High). Based on Article 35 paragraph (1) jo paragraph (4) of Law Number 46 of 2009, confirmed that corruption courts (TIPIKOR courts) are only located in each provincial capital whose jurisdiction covers the province concerned. By this provision, the Prosecutor Office in each district/city must transfer the corruption cases to the Corruption Court in the provincial capital. There are the problems as the following: first one, Is the process of criminal justice in the archipelago province like East Nusa Tenggara (NTT) able to fulfill the judicial principle of quick, low cost and simple?; second one, Is this condition not an obstacle in the process of criminal law enforcement in NTT?; The result of this research is that the Corruption Court in Kupang, conducted by several Prosecutor Offices, the samples do not meet the judicial principles of quick, low costs and simple. The obstacles besides spending much expenses, there are other factors such as weather, intentionally neglect the obligation as the experts, witnesses due to long time and high expenses.  Law enforcement becomes less maximal due to the existing budget, and it can only be done by a minimal law enforcement process with a fairly expensive cost.                                 </p><p>Keyword (Keywords): Trial, Criminal Court, TIPIKOR, Archipelago, Expenses incurred.</p>

scholarly journals The sinking ship policy to the perpetrator of illegal, unregulated and unreported fishing in criminal law perspective

2018 ◽  
Vol 47 ◽  
pp. 06002 ◽  
Author(s):  
Agus Raharjo ◽  
Tedi Sudrajat ◽  
Rahadi Wasi Bintoro ◽  
Yusuf Saefudin
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Law ◽  
Research Method ◽  
Low Cost ◽  
Presumption Of Innocence ◽  
Iuu Fishing ◽  
Pros And Cons ◽  
Fisheries Law ◽  
Legal Consequences

The sinking ship policy by Minister Susi Pudjiastuti to the perpetrator of illegal, unregulated and unreported (IUU) fishing in the territorial sea of Indonesia raises the pros and cons from many perspectives. The policy background and policy legal consequences in criminal law perspective are the problems that will be discussed in this article. The research method is normative and empirical research. The results showed that the policy comes since the previous Government let perpetrators of the theft of fish in the sea of Indonesia. This caused losses for Governments as well as the fishermen who technically cannot compete in terms of fishing technology. The sinking ship policy also made due to the slowness of criminal justice cases against illegal, unregulated and unreported fishing in Indonesia which obviously does not comply with the principle of quick, simple and low cost justice. However, this policy is problematic in criminal law perspective, especially against the application of presumption of innocence principle and the proof process in criminal justice. Therefore, there needs to be laws that can be used as a guide and protector for this policy. Thus there is no problem in the future and instead become a breakthrough in fisheries law enforcement..

scholarly journals TINDAK PIDANA TERORISME DARI PERSPEKTIF HUKUM PIDANA INTERNASIONAL

2017 ◽  
Vol 3 (1) ◽  
Author(s):  
Rahma Yanti
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
International Criminal ◽  
International Crime ◽  
Transnational Crime ◽  
Criminal Court ◽  
International Criminal Law ◽  
Positive Law ◽  
Sensitive Issue ◽  
International Conventions

Terrorism is one of transnational crime base on international conventions. One of national crime which consists of transnational aspects. Transnational crime convention only manage about how to run cooperation to eliminate national crime which across country borders. Terrorism hasn’t consider as International crime because there’s no unification about its definition. Terrorism still consider as a sensitive issue in each country related with rass, etnis, culture, religion, and geographical aspects. Terrorism law enforcement proses is each country positive law jurisdiction and not as International Criminal Court jurisdiction based on Rome Statuta.Keywords: Crime, Terrorism, International Criminal Law

International Criminal Justice History Writing as Anachronism

2019 ◽  
pp. 72-89
Author(s):  
Frédéric Mégret
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
International Law ◽  
Criminal Law ◽  
International Criminal ◽  
Criminal Responsibility ◽  
International Criminal Justice ◽  
History Writing ◽  
Long Time ◽  
Individual Accountability

This chapter focuses on the extent to which the contemporary project of international criminal justice cannot easily lay claim to what it imagines to be its past, because that past, despite superficial similarities, often exhibited fundamentally different concerns. It highlights three areas in which international criminal justice today is arguably dramatically different from how it was understood up to the 1990s. First, international criminal justice was for a long time much less obsessed with the criminalization of international law prohibitions specifically, and much more interested in the transnational dimensions of the criminal law. Second, it was much less committed to a strict model of individual accountability under international law and much more willing to see the state as the central pivot of international criminal responsibility. Third, it was intimately linked to peace projects whereas it has become intimately associated to the fight against atrocities and mass human rights violations.

Criminal Justice beyond National Sovereignty. An Alternative Perspective on the Europeanisation of Criminal Law

2015 ◽  
Vol 23 (1) ◽  
pp. 11-31 ◽  
Author(s):  
Jannemieke Ouwerkerk
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Law ◽  
Primary Concern ◽  
National Sovereignty ◽  
The Past ◽  
Alternative Perspective ◽  
Recent Developments ◽  
Criminal Matters ◽  
Judicial Protection

Over the past few decades the competences of the eu to enact legislation in criminal matters have significantly increased. Member States and criminal law experts have raised concerns: to what extent can national sovereignty and domestic interests regarding criminal justice be preserved? This paper argues that the perspective of national sovereignty should not be the primary concern in criminal justice affairs in the eu. It is proposed that eu legal measures in this area are primarily judged on whether they in their entirety contribute to a reasonable balance between effective law enforcement and adequate judicial protection of individuals. From this perspective, recent developments potentially contribute to redressing the balance in eu criminal law.

Overcoming of Corruptogenic Factors of Criminal Legislation: Concept and Main Methods

10.12737/5503 ◽  
2014 ◽  
Vol 2 (9) ◽  
pp. 68-75
Author(s):  
Сергей Иванов ◽  
Sergey Ivanov
Keyword(s):  
Decision Making ◽  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Law ◽  
Positive Role ◽  
Legal Nature ◽  
Rational Explanation ◽  
Definition Of ◽  
Criminal Matters ◽  
Criminal Legislation

This article deals with the definition of overcoming the corruptogenic factors of the criminal law; notes its positive role in combating corruption in the criminal justice and highlights the main features: universality, casuistry, functional character, law-enforcement level of the implementation. This article discusses some of the most important ways of overcoming the corruptogenic factors of the criminal law: the uniformity of practical activity (the same understanding and application of the criminal law to all situations with a similar set of actual data and identical criminal-legal nature); motivation (rational explanation subject to enforcement activities of the reasons and circumstances underlying the decision on this or other legal and penal question) and formalization of the decision-making (development and implementation of the criminal law or court practice on certain criteria that must underlie the adoption of any authority of any decisions in criminal matters and to narrow the scope of his discretion); raising the level of legal awareness of subjects of criminal-law relationships.

A Research Evaluation of the Israeli New Pretrial Detention Act

2001 ◽  
Vol 35 (2-3) ◽  
pp. 266-284 ◽  
Author(s):  
Hagit Lernau
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Law ◽  
Process Model ◽  
Due Process ◽  
Crime Control ◽  
Research Evaluation ◽  
Law System ◽  
Justice Process ◽  
The Law

One of the most influential attempts to describe and comprehend the criminal law system is Packer's celebrated notion regarding the “Two Models of the Criminal Justice System.” Packer regards the criminal justice process as an image constantly shifting between two conflicting models — the “Crime Control Model” and the “Due Process Model” of criminal law. The first model strives to create an effective criminal system that will protect society's right to peace and safety. This aim may be achieved by emphasizing the earlier, informal stages in the law enforcement procedure, namely, police investigation and the decision to prosecute. The second model aims to ensure that the law enforcement process, which is one of the most coercive powers of the state, will be conducted in a lawful manner that will protect suspects and defendants from both intentional wrongdoing and from unintentional mistakes.

scholarly journals Criminal Enforcement Law Policy for Corporate

2019 ◽  
Vol 35 (2) ◽  
Author(s):  
Dinh Thi Mai
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Law ◽  
Criminal Liability ◽  
Enforcement Policy ◽  
Corporate Criminal Liability ◽  
Enforcement Policies ◽  
Legal Entities

Corporate criminal liability remain a very new issue for Vietnam's criminal justice background. Criminal judgment execution and criminal enforcement policy for corporate in Vietnam are still in the process of formulating and forming policies. Therefore, in this article, we study and discuss four factors that are considered the main pillars of criminal law enforcement policies for criminal, including: (1) Impact object of criminal law enforcement policy on corporate; (2) Object of criminal law enforcement policy for corporate; (3) Subjects of criminal law enforcement policies for corporate legal entities; (4) Forms and measures of criminal law enforcement policy for corporate. Keywords: Criminal law enforcement policy; corporate criminal; impact object; object; subject; form and measure of policy. References: Đỗ Đức Hồng Hà (2019). Nhận diện pháp nhân thương mại trong Luật Thi hành án hình sự (sửa đổi). Hội thảo khoa học về Chính sách pháp luật thi hành án hình sự: Những vấn đề lý luận và thực tiễn cấp bách, Học viện Khoa học xã hội, tháng 4 năm 2019.[2] Đinh Thị Mai (2019). Các yếu tố tác động tới chính sách pháp luật thi hành án hình sự đối với pháp nhân thương mại phạm tội. Hội thảo khoa học Chính sách pháp luật thi hành án hình sự: Những vấn đề lý luận và thực tiễn cấp bách, Học viện Khoa học xã hội, tháng 4 năm 2019.[3] Ngô Đức Minh (2019). Trình tự, thủ tục thi hành án và các biện pháp bảo đảm thi hành án cấm kinh doanh, cấm hoạt động trong một số lĩnh vực đối với pháp nhân thương mại. Phiên tọa đàm về thi hành án hình sự đối với pháp nhân thương mại, ngày 28/2-01/3/2019, Ủy ban tư pháp của Quốc hội.[4] Đậu Anh Tuấn (2019). Cơ quan quản lý nhà nước lĩnh vực hoạt động của pháp nhân thương mại và xác định trách nhiệm của cơ quan quản lý nhà nước trong thi hành án đối với pháp nhân thương mại. Phiên tọa đàm về thi hành án hình sự đối với pháp nhân thương mại, ngày 28/2-01/3/2019, Ủy ban tư pháp của Quốc hội.[5] Quốc hội (2015). Bộ luật Dân sự năm 2015.[6] Quốc hội (2014). Luật Doanh nghiệp năm 2014.[7] Văn phòng Quốc hội (2013). Văn bản hợp nhất Luật Chứng khoán số 27/VBHN-VPQH ngày 18 tháng 12 năm 2013. [8] Văn phòng Quốc hội (2013). Văn bản hợp nhất Luật Kinh doanh bảo hiểm số 12/VBHN-VPQH ngày 23 tháng 7 năm 2013. [9] Văn phòng Quốc hội (2018). Văn bản hợp nhất Luật Đầu tư số 06/VBHN-VPQH ngày 29 tháng 6 năm 2018.  

scholarly journals MEDIATION EXISTENCE CRIMINAL PENAL SETTLEMENT

2018 ◽  
Vol 2 (1) ◽  
pp. 38
Author(s):  
Erma Rusdiana
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Legal System ◽  
Low Cost ◽  
Equal Treatment ◽  
Judicial Process ◽  
The Public ◽  
The People ◽  
Religious Law ◽  
The One

Indonesian Constitution states that all people of Indonesia are entitled to equal treatment before the law as stated in Article 28 D, paragraph 1 of the 1945 Constitution, but they are not always easily access it. The principle of justice is simple, fast and low cost can’t be reached by most people. Currently, there is also a change and dynamics of complex societies and regulations in some legislation. It also has implications on the public nature of the criminal law has shifted its relative entered the private sphere with known and practiced penal<em> </em>mediation.<strong> </strong>Issues raised in this paper is the concept of criminal law enforcement based on the existence of pluralistic and penal mediation as an alternative solution-in the practice of the criminal settlement. Of the studies that have been done that the concept of legal pluralism is no longer emphasizes the dichotomy between the legal system of the state on the one hand with the legal system of the people folk law and religious law on the other side. That law enforcement-based pluralistic more emphasis on interaction and co-existence of the workings of the various legal systems that affect the operation of norms, processes and institutions in masyarakat.Polarisasi law and penal mediation mechanisms can do, as long as it is earnestly desired by all parties ( suspects and victims), as well as to reach a wider interest, namely the maintenance of social harmony. In summary penal mediation would have positive implications philosophically that achieved justice done fast, simple and inexpensive because the parties involved are relatively small compared through the judicial process with the components of the Criminal Justice System

scholarly journals Being (almost) invisible: Victims of crime in the Italian juvenile criminal justice system

Temida ◽  
2014 ◽  
Vol 17 (4) ◽  
pp. 87-106
Author(s):  
Susanna Vezzadini
Keyword(s):  
Criminal Justice ◽  
Restorative Justice ◽  
Criminal Law ◽  
Justice System ◽  
Juvenile Justice System ◽  
Criminal Court ◽  
Judicial Discretion ◽  
Application Of Law ◽  
Emilia Romagna Region ◽  
Victims Of Crime

From 2008 to 2013 the author has been a Special Judge in the Juvenile Criminal Court of the Emilia Romagna Region. From that privileged perspective, it was possible to observe the dynamics of how victims of underage offenders were considered before the law, no differences if they are adults or minors, too. The reflections presented will first consider EU and UN provision on victims of crime; then, the normative framework supporting the Italian criminal juvenile justice system will be considered by an examining of the difficulties victims meet in that peculiar context. The implementation of juvenile criminal law shows the paradox victims of crime have to cope with. The Juvenile Criminal Court in Bologna recently started to promote a wide use of restorative justice measures as an attempt to correct the unfair consequences in the application of law, with judicial discretion interpreted as an instrument to favour victims? harm recognition and to protect their dignity as persons.

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