scholarly journals RECONSTRUCTION OF PROSTITUTION LAW IN PERSPECTIVE OF RELIGIOUS NORMS AND RENEWAL OF CRIMINAL LAW

2020 ◽  
Vol 1 (2) ◽  
pp. 105-112
Author(s):  
Noor Fajari Rofiq
Keyword(s):  
Criminal Law ◽  
Sex Workers ◽  
Criminal Code ◽  
Service Users ◽  
Legal Certainty ◽  
Conceptual Approach ◽  
The Subject ◽  
The Law ◽  
The One ◽  
Legal Concepts

Cases of prostitution as the subject of commercial sex workers (Pekerja Sex Komersial) and sex service users until now are free to undergo without the threat of punishment. Until now, there has been no rule that can punish prostitutes or prostitutes and their customers .then there needs to be a legal reconstruction to achieve a responsive law then need to reform the law to achieve the law in the goal. This research aimed to know and understand the Construction of Prostitution Crimes in the Criminal Code, and The Penal Code Bill is associated with Religious Norms. And Know and understand the Construction of Formulation of Prostitution Crimes that are Ideal and in line with religious norms for Indonesian society, as for normative juridical research methods. The approach used in this writing is a statutory approach or (statute approach) and the analytical and conceptual approach analysis of legal concepts. The results show that it is necessary to explore the concept of philosophical, sociological, and juridical basic values that the state to have legal certainty in society in the Criminal War draft stage. So digging into the philosophical value of the 1st  Pancasila,  The One Godhead (Ketuhanan yang Maha Esa), the five religions apply in Indonesia, including Islam, Christianity, Catholicism, Hindu, Buddha, and Confucian has asserted that the practice of prostitution is legally prohibited.

scholarly journals On the construction of the purpose of punishment in criminal law

2019 ◽  
Vol 13 (1) ◽  
pp. 50-53
Author(s):  
S. A. Borovikov ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Criminal Punishment ◽  
Special Part ◽  
Clear Guideline ◽  
The Subject ◽  
The Russian Federation ◽  
The Law ◽  
The One

The subject of consideration of this paper is the study of the purposes of punishment enshrined in article 43 of the Criminal Code of the Russian Federation. Attention is drawn to the similarities and differences in the approaches used to determining the purpose of criminal punishment in the laws of different countries and historical periods, the need for a critical assessment of the existing legislative decision. In the course of a comparative analysis the conclusion is formulated that the current version of the purposes of punishment in criminal law is overly broad, which creates the illusion of its achievement and in some cases the competition of its parts among themselves. So the first of those mentioned in article 43 of the Criminal Code of the Russian Federation the purpose of restoring social justice is a quality that should be inherent in punishment. The second of the purposes stated in the law – the correction of the convict – is one of several ways to achieve it. However the very purpose of the punishment is not to correct the convict. The third of these purposes – the prevention of crimes – is most consistent with the purpose of punishment, but it is quite lengthy and requires clarification. In addition it does not contain a clear focus on a person who can or has committed a crime. According to the results of the analysis it is proposed to carry out an adjustment of the purposes of criminal punishment in the law. The purpose of punishment should be one and have a common focus. In this regard it is proposed to define as the purpose of punishment – retention persons from committing crimes. The single and understandable purpose of punishment on the one hand will be a clear guideline in constructing the type and size of both the main and additional punishments in the sanctions of the articles of the Special Part, and on the other will allow the courts to choose the punishment that most corresponds to the intended result.

scholarly journals TINJAUAN HUKUM PIDANA TERHADAP PENGGUNA JASA PROSTITUSI ONLINE

Solusi ◽  
2019 ◽  
Vol 17 (2) ◽  
pp. 132-139
Author(s):  
Sri Husnulwati
Keyword(s):  
Criminal Law ◽  
Sex Workers ◽  
Criminal Code ◽  
Service Users ◽  
Commercial Sex ◽  
Legal Research ◽  
Commercial Sex Workers ◽  
Electronic Transactions ◽  
The Law

Looking at the articles in the Criminal Code, there are no articles that can be used to ensnare users of commercial sex services or commercial sex workers themselves. If referring to the law, of course, the targeted parties are only brokers and pimps. This study tries to see how the criminal law foundation can be used to ensnare users of online prostitution services. This research is a type of legal research which is also referred to as empirical legal research. The results of this research are, (1) Law No. 11 of 2008 concerning Information and Electronic Transactions is not appropriate to be used to deal with complex prostitution issues, (2) Law Number 44 of 2008 on Pornography does not explain specifically about users of online prostitution services, so in this case the Act cannot ensnare service users in the practice of online prostitution.

scholarly journals Criminalization of Commercial Sex Workers and Service Users of Commercial Sex Workers in Criminal Law Renewal

2021 ◽  
Vol 8 (12) ◽  
pp. 267
Author(s):  
Muhamad Khalif Ardi ◽  
Supanto Supanto ◽  
Rehnalemken Ginting
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Sex Workers ◽  
Criminal Liability ◽  
Criminal Code ◽  
Service Users ◽  
Commercial Sex ◽  
Conceptual Approach ◽  
Commercial Sex Workers ◽  
The Future

The purpose of this study is to look at the regulation of the actions of workers and service users of commercial sex workers in the current criminal law and to see the regulation of the actions of workers and service users of commercial sex workers in the future. This research is a normative research or doctrinal legal research using a statutory approach and a conceptual approach. The results of this study are that there is no clear regulation in Indonesian criminal law regarding criminal liability for the actions of workers and service users of commercial sex workers other than those contained in certain regional regulations, and in the future with the criminalization of acts of sexual intercourse outside the marriage bond as an act The criminal complaint in the Draft Criminal Code (RKUHP) must be changed into a form of ordinary crime so as not to limit the movement of law enforcement officers in carrying out law enforcement related to the actions of workers and users of commercial sex workers.

scholarly journals The Urgency Of Ratifying The Elimination Of Sexual Violence Draft Bill In The Perspective Of Criminal Law

2021 ◽  
Vol 5 (3) ◽  
Author(s):  
Audaraziq Ismail ◽  
Eva Achjani Zulfa ◽  
Lulu Yulianti ◽  
Matius Evan Anggara
Keyword(s):  
Sexual Violence ◽  
Child Protection ◽  
Technological Development ◽  
Criminal Code ◽  
Criminal Offenses ◽  
The Subject ◽  
The Law ◽  
Victims Of Violence ◽  
Draft Bill ◽  
Legal Concepts

Regulations on sexual violence or violence are scattered in several regulations in Indonesia. However, along with the rapid and massive technological development, new form of criminal offenses related to sexual violence have emerged which have not been accommodated in the statutory regulations. Too many  regulations related to sexual violence also create new problems, specifically overcriminalization, overlapping, and the lack of coordination and systematic fulfillment of the protection for the rights of victims of violence by authorized institutions. These problems are the fundamental why the elimination of sexual violence draft bill should be ratified immediately. Based on the reasons above, the elimination of sexual violence draft bill is interesting to analyze. This research was conducted with a statutory approach and an analytical approach using relevant legal concepts and theories. Criminal offenses related to sexual violence are regulated in several regulations, the Criminal Code, the PKDRT Law, the TPPO Law, the ITE Law, the Child Protection Law and the Pornography Law. However the law that exist are not comprehensive yet for the expansion of criminal offenses for violence and fulfillment of the rights of victims who are not the subject according to the law, as well as the issue of overregulation becomes the urgency whyelimination of sexual violence draft bill should be ratified immediately.Regulations on sexual violence or violence are scattered in several regulations in Indonesia. However, along with the rapid and massive technological development, new form of criminal offenses related to sexual violence have emerged which have not been accommodated in the statutory regulations. Too many  regulations related to sexual violence also create new problems, specifically overcriminalization, overlapping, and the lack of coordination and systematic fulfillment of the protection for the rights of victims of violence by authorized institutions. These problems are the fundamental why the elimination of sexual violence draft bill should be ratified immediately. Based on the reasons above, the elimination of sexual violence draft bill is interesting to analyze. This research was conducted with a statutory approach and an analytical approach using relevant legal concepts and theories. Criminal offenses related to sexual violence are regulated in several regulations, the Criminal Code, the PKDRT Law, the TPPO Law, the ITE Law, the Child Protection Law and the Pornography Law. However the law that exist are not comprehensive yet for the expansion of criminal offenses for violence and fulfillment of the rights of victims who are not the subject according to the law, as well as the issue of overregulation becomes the urgency whyelimination of sexual violence draft bill should be ratified immediately.

scholarly journals THE OBJECTIVE SIDE OF MISUSE OF BUDGET FUNDS, IMPLEMENTATION OF BUDGET EXPENDITURES OR PROVIDING CREDITS FROM THE BUDGET WITHOUT OR EXCEEDED BUDGET PURPOSES

2021 ◽  
pp. 492-509
Author(s):  
D. Shyian ◽  
O. Shyian
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Criminal Code ◽  
Criminal Offense ◽  
Active Behavior ◽  
The Subject ◽  
The Law ◽  
Local Budget ◽  
Objective Side

The article deals with the analysis of scientific views, theoretical provisions and legislation, examines the objective side of the misuse of budget funds, for budget expenditures or provision of credits from the budget without determined budget purposes or with its excess. It is proposed to leave part 1 of Art. 210 of the Criminal Code of Ukraine, a socially dangerous act in the form of misuse of the relevant funds as the most common in law enforcement, as well as expanding other forms, replacing them with a socially dangerous action in the form of another expenditures of the relevant budgets or funds. Since inter-budgetary transfers are de jure not included in budget expenditures, it is proposed to add to the name and disposition of Part 1 of Art. 210 of the Criminal Code of Ukraine, an indication of a socially dangerous act in the form of their implementation. As a result of the study, the authors come to the conclusion about the further actualization of the problematic of the objective side of the criminal offense provided for in Art. 210 of the Criminal Code of Ukraine. It is supported the proposal to cover the analyzed criminal law prohibition and other budget violations close in public danger to those directly named in Art. 210 of the Criminal Code of Ukraine to budget violations. It is proposed to determine the objective side of Part 1 of Art. 210 of the Criminal Code of Ukraine in the form of a socially dangerous act in the form of an action: misuse of funds, other expenditures of state or local budgets, or state or local extra-budgetary funds, or the implementation of an inter-budgetary transfer committed contrary to the law or a decision on the local budget. Considering that the analysis of the forms of committing a criminal offense under Art. 210 of the Criminal Code of Ukraine, testifies that it can be committed only in the form of active behavior of the subject of a criminal offense, it is proposed in Part 2 of Art. 210 of the Criminal Code of Ukraine to replace the instruction from an act with an action.

ACTUAL PROBLEMSOF QUALIFICATION OF CRIME BY THE ART. 109 OF THE CRIMINAL CODE OF UKRAINE

2017 ◽  
Author(s):  
Hryhoriy Kraynik ◽  
◽  
Vitaliy Perzhul ◽  
Keyword(s):  
National Security ◽  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
Legal Certainty ◽  
Constitutional Order ◽  
Judicial Practice ◽  
The Media ◽  
The Subject ◽  
Important Object

This article is devoted to the analysis of the relevant Criminal Code of Ukraine, namely Art. 109 on the subject of legal certainty of its individual formulations, resulting on numerous problems that face relevant state bodies during the qualification of acts under this the norm. This article provides the criminal liability for the acts, aimed at forcible change or overthrow of the constitutional order, or seizure of state power. Along with this, article focused on the issue of increasing of criminal liability, when these acts are committed with the use of the media. It was figured out the specific judicial practice and demonstrated that the problems that arose in practice were not due to poor efficiency of the relevant state bodies, but due to the presence in the formulation of the content of the Art. 109 of Criminal Code of Ukraine of a large number of assessments in terminology. By resolving these criminal law conflicts of terminology and concept within crimes against the foundations of national security under Art. 109, it seems to be appropriate the replacement of ambiguous concepts on clear and specific provisions and their official interpretation directly in the Criminal Code of Ukraine. Deserves attention also the fact that the foundations of national security are particularly important object of protection by criminal law, as noted in Art. 17 of the Соnstitution of Ukraine, the protection of these foundations is the most important function of the state and the deal of the entire Ukrainian people. Therefore, we believe that the rules that ensure the protection of these goods must be clear and act on performance of tasks on protection of national security and other tasks of the Criminal code of Ukraine specified in its Art. 1.

scholarly journals AJARAN SIFAT MELAWAN HUKUM MATERIIL SEBAGAI UPAYA HARMONISASI KETENTUAN HUKUM PIDANA PORNOGRAFI MELALUI INTERNET

2017 ◽  
Vol 2 (1) ◽  
pp. 27-39
Author(s):  
Hwian Christianto
Keyword(s):  
Criminal Law ◽  
Human Dignity ◽  
Research Method ◽  
Open Space ◽  
Criminal Code ◽  
The Internet ◽  
Legal Certainty ◽  
Moral Norms ◽  
The World ◽  
The One

Ide ajaran sifat melawan hukum materiil menimbulkan problema kepastian hukum padahal di satu sisi pemberlakuan hukum yang hidup dikehendaki oleh masyarakat. Penelitian dilakukan sebagai upaya menemukan hakikat ajaran sifat melawan hukum materiil dan fungsi ajaran sifat melawan hukum materiil dalam hukum pidana nasional terkait perkembangan hukum internasional. Metode penelitian yuridis normatif dilakukan dengan mengolah bahan hukum primer berupa produk perundang-undangan terkait pornografi dan pemberlakuan ajaran sifat melawan hukum materiil. Didukung dengan bahan hukum sekunder meliputi putusan hakim yang memberlakukan sifat melawan hukum materiil. Hasil penelitian menunjukkan bahwa pemberlakuan sifat melawan hukum materiil mendapatkan dasar yuridis untuk diterapkan yaitu KUHP dan Undang-Undang Kekuasaan Kehakiman. Pemberlakuan sifat melawan hukum materiil ini bersumber pada norma kesusilaan yang merupakan sumber dari nilai kesusilaan bukan hanya bangsa Indonesia melainkan dunia. Pemberlakuan sifat melawan hukum materiil berdasarka norma kesusilaan membuka ruang bagi upaya harmonisasi pengaturan larangan pornografi melalui internet. Hal tersebut didasarkan pada pemahaman perbuatan pornografi melalui internet merupakan perbuatan yang merendahkan harkat dan martabat manusia.The idea of unlawful materiil law raises problem of legal certainty whereas on the one hand the application of living law is desired by society. The research was conducted to discover the unlawful materiil law and the function of unlawful materiil law in national criminal law related to the development of interntional law. Normative juridical research method is done by processing primary legal materials in the form of legislation products related to pornography and the enforcement of doctrine of against materiil law. Supported by secondary legal materials includes judges' rulings unlawful materiil law. The results showed that the enforcement of unlawful materiil law get the juridical basis to be applied that is the Criminal Code and the Law of Judicial Power. The enforcement of unlawful materiil law is based on the moral norm which is the source of the decency value not only the Indonesian nation but the world. The enforcement of the unlawful materiil law based on the moral norms open space for the harmonization of the regulation of the prohibition of pornography through internet. It is based on the understanding of pornography through the internet is an act that degrades human dignity.

scholarly journals SANKSI PIDANA TERHADAP MUCIKARI YANG MEMASARKAN PROSTITUSI MELALUI SARANA MEDIA ONLINE (STUDI KASUS: PUTUSAN PENGADILAN NEGERI DENPASAR NO. 642/PID.B/2015/PN.DPS.)

2018 ◽  
Vol 1 (1) ◽  
pp. 784
Author(s):  
Calvin . ◽  
Dian Andriawan Daeng Tawang
Keyword(s):  
Criminal Law ◽  
Sex Workers ◽  
Criminal Code ◽  
Online Media ◽  
Commercial Sex ◽  
Commercial Sex Workers ◽  
Criminal Sanctions ◽  
Electronic Transactions ◽  
The Law

Cybercrime is a crime involving online media means as an object to carry out the crime. Cybercrime itself also has many forms that one of them is cybersex, cybersex is a crime that violates the offense of decency in which the crime involves the medium of online media. For example the case in this case is a crime in the form of selling the services of online prostitution whose perpetrator is a pimp, pimps in this case means the person who acts as a caregiver and / or owner of commercial sex workers. Most cases of online prostitution crime are in the bali area of Denpasar. Online prostitution crime itself has violated Article 45 paragraph 1 of Law Number 19 Year 2016 on Information and electronic transactions. But the panel of judges in its decision only decided in the form of articles contained in the Criminal Code so that the imposition of criminal sanctions on the defendant became very light and made the perpetrators became not afraid of the relatively light criminal sanctions. So that the law in Indonesia becomes very weak and from the light criminal law sanction makes the perpetrators continue to do the crime action. When viewed from the lex specialist derogate legi generalie principle stating the special provisions to override general provisions, meaning that the Act should be used is Law No. 19 of 2016 on Information and Electronic Transactions.

scholarly journals Fraud in the Field of Entrepreneurship: Theory, Practice, Problems

2021 ◽  
Vol 2 ◽  
pp. 27-31
Author(s):  
Ekaterina N. Barkhatova ◽  
◽  
Alexander O. Mironov ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Abuse Of Power ◽  
Entrepreneurship Theory ◽  
The Subject ◽  
The Russian Federation ◽  
The Law ◽  
Principles Of Justice ◽  
Commercial Organizations

The authors analyzed the provisions of Part 5–7 of the Article 159 of the Criminal Code of the Russian Federation for compliance with the criminal law principles of justice and equality before the law. The signs by which it is necessary to distinguish the considered type of fraud from civil tort and related offenses are given. Particular attention is paid to the subject of the crime in question and the victim, which can only be individual entrepreneurs and representatives of commercial organizations. Among related crimes, simple fraud (parts 1–4 of Art. 159 of the Criminal Code of the Russian Federation), fraud in the field of lending (Art. 1591) and abuse of power (Art. 201) are highlighted. It is concluded that it is necessary to establish, first of all, the subjective signs of crimes, which to a greater extent allow to distinguish the adjacent elements of the indicated crimes from each other.

scholarly journals Actions: problems of separation of forms in the aspect of improvement of the terminological apparatus of domestic criminal law

2020 ◽  
pp. 312-315
Author(s):  
Sergiy Kuzmin ◽  
Oleg Gorai ◽  
Vladyslav Melnyk
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
Law Enforcement Agency ◽  
Special Part ◽  
The Subject ◽  
The Law ◽  
Correct Application ◽  
Passive Action

Problematic issues related to the need to ensure the correct application of criminal law in the aspect of changing the terminology of the scope of the offence are investigated. In qualification, identifying the scope of the offence is the first step in this process because, in practice, when a crime is detected, the law enforcement agency faced by the features of its scope. At the same time, a number of dispositions of the norms of the Special part of the Criminal Code of Ukraine envisages acting solely in one of its forms "commissions" and "omissions", which are quite evaluative in their separation. The content of these terms, although generally simplified, identical in the educational literature, is not interpreted equally by scientists in scientific works, and sometimes is uncertain. A separation of  commissions and omissions, both active and passive forms of action is possible if elementary in external manifestation of active or passive action is committed. These include the fact of a specifically conscious and desirable movement of one's body or a conscious and desirable refusal to commit such actions. The authors emphasize that the problems of separation of  commissions and omissions, as an active and passive form of high-handed, conscious, unlawful and socially dangerous behavior of the subject of the crime, were recognized by scientists in the "Soviet times". On basis of conducted analysis and with reference to the work of leading scientists, the authors propose the expediency of refusal in the domestic criminal law of the terms "commissions" and "omissions", with the simultaneous introduction to the theory of criminal law and the Criminal Code of Ukraine a term devoid of internal contradictions (act, commissions etc.), caused by the application in the dispositions of the Particular part of the law on criminal liability of the specific division of the external manifestation of the behavior of the subject of the crime.

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