scholarly journals ALTERNATIF PEMIDANAAN TERHADAP PELAKU PENYALAHGUNAAN NARKOTIKA DALAM KEBIJAKAN KRIMINAL DI INDONESIA

2018 ◽  
Vol 25 (2) ◽  
pp. 261
Author(s):  
Ratri Novita Erdianti
Keyword(s):  
Criminal Law ◽  
Criminal Policy ◽  
Drug Addict ◽  
Medical Rehabilitation ◽  
Social Rehabilitation ◽  
Criminal Offender ◽  
The Law ◽  
Made In

Narcotics crime in Indonesia becomes a problem that until now never ceased. One of the problems is the increasing number of narcotics abusers. In our country, narcotic users/narcotics addicts can already be said as a criminal offender. In the Narcotics Act no. 35 of 2009 explained that what are meant by Narcotics Abusers are people who use Narcotics without rights or against the law. Persons who use narcotics unlawfully and unlawfully herein may be classified as addicts and distributors who use and conduct circulation. In the narcotics law, a drug addict victim of narcotics must undergo medical rehabilitation and social rehabilitation. But in reality, the article for narcotics abusers is more directed at other positions in the positions of dealers whose criminal consequences become imprisonment. This is for the author less appropriate. So that efforts made in solving cases of perpetrators of criminal acts become part of criminal policy in the context of the prevention of narcotics crime. The problem that the writer raised is about the relevance of criminal prison for narcotics abusers with the purpose of punishment and how the application of alternative punishment against narcotics abusers from the perspective of criminal policy. This study was conducted using normative juridical, which examines Law no. 35 of 2009 which regulates the form of punishment for the perpetrators of narcotics abuse is associated with the theories in criminal law

scholarly journals PEMBAHARUAN CRIMINAL POLICY TENTANG SISTEM PERTANGGUNGJAWABAN PIDANA KORPORASI (Upaya Strategis dalam Penaggulangan Kejahatan Korporasi)

2018 ◽  
Vol 1 (2) ◽  
pp. 185
Author(s):  
Zulkarnain Zulkarnain ◽  
Zahir Rusyad
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Criminal Policy ◽  
Direct Proportion ◽  
Natural Person ◽  
The Subject ◽  
The Law ◽  
Made In

Corporation crime is as extra ordinary crime we should fight against seriously. Great efforts must be made in order to remove this crime. Such effortst, however, are not in a direct proportion with the criminal policy serving as a base in its law enforcement. The criminal codes serving as the main legal law turn out just considering natural people as a subject of criminal law that may be criminaly assumed, instead of recognizing corporations as the subject of the criminal law, although in some corporation arrangements out of the criminal codes, there are some schemas that recognize corporations as a subject of law. Such arrangements, however are still doubtfully made, since the recognition of corporations as a subject of law in the law still denies the responsibility and comdemnation of corporation in the Indonesian criminal law still refer to a paradigm that position a person as a doer of crimes. As a result, although it is clear that the actor of crimes is a corporation, it is the natural person who should be responsible for the crime.  Kata Kunci: korporasi, pertanggungjawaban pidana.

scholarly journals THE JUDICIAL CONSTRUCTION RELATING TO THE TERRORISM CASES (REALITY AND PROSPECTS)

2021 ◽  
Vol 03 (03) ◽  
pp. 473-482
Author(s):  
Fawzi Abdelsalam Mohammed AL-KILNI ◽  
Ebtisam Hassan Salem Ben ISSA
Keyword(s):  
Working Conditions ◽  
Criminal Law ◽  
Justice System ◽  
Criminal Policy ◽  
Developed Countries ◽  
The Other ◽  
High Concern ◽  
The Law ◽  
The Developed Countries ◽  
The Military

The current study aims to discuss and investigate one of the most prominent and important issues that has been in constant debate in all the previous researches and studies dine in the scope of criminal law ; especially those regarding the juridical construction relating to the terrorism cases. The main attempt of this research is to evaluate the criminal policy of the Libyan Legislation issuing law no.3 for the year 2014 concerning Terrorism combating. Disregarding the recent issuing of the law in subject, the above-mentioned law is of great importance due to its high concern of the juridical apparatus of combating terrorism. However, what makes a wonder herewith is the Libyan legislation has been taking a step backwards when the law (4) was issued in 2017 in regarding of the amendment of the provisions of both the Military Penal Code and the Code of Military Procedures which has already mandated the judiciary of offenders of terrorism according to the terms identified in Article 3. Herewith, the perception of the effectiveness and functionality of the above-mentioned law is not possible without paying the attention to reviewing the jurisdiction from one hand and the working conditions of the judges from the other hand. However, the good conduct of the judges’ work depends heavily on doing several improvements for these apparatus, in addition to promoting the juridical capabilities by supporting these apparatus with the modern facilities, utilizing the experience of the developed countries in this regard. Therefore, the prospects are addressed to developing the juridical construction properly according to the principles of the defense rights and the fair trial as these principles are the constitution fundamentals and the traits of the criminal-justice system.

scholarly journals PIDANA PENGAWASAN TERHADAP ANAK YANG BERHADAPAN DENGAN HUKUM DALAM SISTEM PEMIDANAAN DI INDONESIA

2013 ◽  
Vol 2 (3) ◽  
Author(s):  
I Putu Suwarsa
Keyword(s):  
Criminal Law ◽  
Analytical Approach ◽  
Criminal Policy ◽  
Legal Protection ◽  
Comparative Approach ◽  
Legal Concept ◽  
Normative Approach ◽  
Positive Law ◽  
The Law

ABSTRACTThis research was conducted with the normative approach legislation. Factualapproach, analytical approach to the legal concept of a comparative approach in thecriminal judicial oversight of Children in Conflict with the Law in the criminal sistem inIndonesia.In formulating criminal law criminal policy oversight of Children in Conflict withthe Law in the guidance sistem of positive law in Indonesia, consists of 3 major topics:First, the substance of Children in Conflict with the Law into law in Indonesia, Second,Determination of sanctions / penalties against Children in Conflict with the Law inIndonesia's criminal law policy, Third, criminal oversight of Children in Conflict with theLaw and its relevance to the theory of punishment in modern criminal law in Indonesia.Criminal oversight of Children in Conflict with the Law as the integrative goals ofpunishment in accordance with the ideas and correctional sistem discussed 3 subjectsnamely: First, criminal oversight of anal naughty review of aspects of the integrativetheory of punishment, Second, Criminal oversight of Children in Conflict with the Lawreview of aspects of correctional sistem, Third, Criminal oversight of Children in Conflictwith the Law in terms of aspects of legal protection and benefit of the criminal lawrequirement for social welfare (children). And its application by all law enforcementcomponents and related institutions involved in handling cases of children in conflict withthe law in coaching children in prison.

scholarly journals Analisis Pertanggungjawaban Tenaga Medis yang melakukan Tindak Pidana Malpraktek menurut UU Nomor 36 Tahun 2009 Tentang Kesehatan

2015 ◽  
Vol 1 (1) ◽  
Author(s):  
Suwari Akhmaddhian
Keyword(s):  
Health Worker ◽  
Criminal Law ◽  
Defense Response ◽  
Health Personnel ◽  
Criminal Liability ◽  
Positive Law ◽  
The Law ◽  
Omission Errors ◽  
Made In

A defense against criminal liability of a health worker who commit criminal acts of malpractice can be argued that the criminal liability lies in the form of omission errors or omissions when power kesehatantersebut their profession . As a result of mistakes resulting in death or injury , an element of health personnel mistakes made in this case is the gross negligence or culpa lata which will be requested a defense response of the consequences of his actions . In the application of the criminal law against the perpetrators of malpractice , the application of positive law for perpetrators of malpractice contained in Article 361 and Article 359 of the Code of Criminal Law and Law no . 36 of 2009 on Health . But in the application of these articles dilemma arises in understanding the elements of negligence which measures whether the health worker negligence or not in terms of their profession , to the order of the Book  of the  Law is  being revised  Criminal Law should  regulate the issue of negligence is regulated in detail and.clear.Keywords : Health , Criminal , Malpractice.

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 Criminal Law Study on Narcotics Abuse Rehabilitation

2020 ◽  
Vol 5 (1) ◽  
pp. 55-62
Author(s):  
Salma Widiasyam ◽  
Oheo Haris ◽  
Siti Aisah Abdullah
Keyword(s):  
Drug Abuse ◽  
Supreme Court ◽  
Criminal Law ◽  
Medical Rehabilitation ◽  
District Court ◽  
Criminal Offence ◽  
Social Rehabilitation ◽  
Circular Letter ◽  
One Year

The purpose of this research is to determine whether the rehabilitation of the victims of narcotics abuse in the decree of the District Court of Kendari No. 236/Pid. Sus/2019/PN K has fulfilled the element of Article 54 Act number 35 year 2009. The type of research used in this study is normative research, using the Statute Approach, Case Approach, Conceptual Approach.Based on the results the authors conclude that narcotic addicts and narcotics abuse victims are obliged to undergo medical rehabilitation and social rehabilitation. The judge in the its verdict prosecute convicted because it has been proven legally and committed guilty of committing a criminal offence "narcotic abuse for himself", dropping a criminal against the defendant with imprisonment for 1 (one) year and 2 (two) months have in accordance with article 127 paragraph (1) of Law No. 35 Year 2009. However, in the ruling judge ignores article 127 paragraph (2) and paragraph (3) of Law No. 35 Year 2009 that the obligation of the judge in providing rehabilitation efforts against the defendant cases of drug abuse in line with the issuance of Circular Letter of Supreme Court No. 4 Year 2010.

scholarly journals EFEKTIVITAS REHABILITASI DAN POLA PEMBINAAN TERHADAP PECANDU NARKOTIKA DI BALAI BESAR REHABILITASI BADAN NARKOTIKA NASIONAL INDONESIA LIDO BOGOR

2016 ◽  
Vol 16 (1) ◽  
pp. 81-102
Author(s):  
Dwi Afrimetty Timoera ◽  
Agus Martono
Keyword(s):  
Behavior Change ◽  
Empirical Data ◽  
Recovery Rate ◽  
Primary Phase ◽  
Drug Addict ◽  
Medical Rehabilitation ◽  
Rate Of Return ◽  
Drug Addicts ◽  
Development Patterns ◽  
Social Rehabilitation

ABSTRACT This study aims to obtain empirical data, and reliable information about the effectiveness of rehabilitation and development patterns of the drug addict at the Center for Rehabilitation of the National Narcotics Agency Indonesia-Lido, Bogor. The method used is descriptive qualitative. The pattern of development in the institution more emphasis on behavior change, by conducting medical rehabilitation and social rehabilitation. Rehabilitation is divided into two major phases, namely the phase of medical rehabilitation and social rehabilitation phase. Medical rehabilitation includes detoxification and entry. While social rehabilitation phase includes primary phase and re-entry phase. Rehabilitation and development patterns are effective against drug addicts. This can be seen with the recovery rate of the resident and the resident's rate of return using drugs. But it is also influenced by many factors, both internal and external. Keywords: Rehabilitation, patteration, drug addicts.

scholarly journals Duress as a tort law defence?

Legal Studies ◽  
2018 ◽  
Vol 38 (4) ◽  
pp. 571-586
Author(s):  
John Murphy
Keyword(s):  
Criminal Law ◽  
Tort Law ◽  
Fresh Start ◽  
The Law ◽  
Previous Scholarship ◽  
Made In

AbstractThis paper addresses a straightforward question: ‘Should tort law recognise a defence of duress?’ Previous scholarship concerning this issue is thin on the ground, and the answers it supplies are demonstrably inadequate. Those who have favoured the development of a duress defence in tort have done so by analogy with criminal law where duress is, of course, well established. The rival school of thought has sought to highlight the fact that excuse defences are out of place in tort and that, therefore, there is no room for duress in tort. This paper rejects both approaches. It accepts that the criminal law is a poor source of analogy, but rejects the idea that duress must be seen as an excuse (and hence the idea that there can be no space for it in tort). It offers a fresh start based on the role of duress within tort law's sibling, the law of contract. It identifies three possible conceptions of duress in contract and then asks whether these conceptions could be used to ground a comparable defence of duress in tort by analogy. It concludes that a plausible case can be made in respect of each conception, but – given that the paper has primarily theoretical ambitions – it stops short of advocating any one conception in particular.

scholarly journals Can the General Fraud Offence ‘Get the Law Right’?: Some Perspectives on the ‘Problem’ of Financial Crime

2007 ◽  
Vol 71 (1) ◽  
pp. 36-53 ◽  
Author(s):  
Gary Wilson ◽  
Sarah Wilson
Keyword(s):  
Criminal Law ◽  
Policy Making ◽  
White Collar Crime ◽  
Criminal Policy ◽  
White Collar ◽  
Financial Crime ◽  
Solicitor General ◽  
Financial Crimes ◽  
The Law ◽  
Academic Study

The Fraud Bill, which received Royal Assent on 8 November 2006, created an offence of fraud in English criminal law which marks a departure of utmost significance from the approach adopted hitherto, whereby a number of related offences cover behaviour deemed to amount to fraud. To mark the passage of the Fraud Act 2006 into law, this article examines the references which were made during its consideration in Parliament to fraud as activity which is serious and which is often erroneously portrayed as ‘victimless' crime. In joining these key criminal policy-making debates with academic study of white-collar crime, it will be suggested that as yet too little attention is being paid to ‘ambiguous' popular perceptions of financial crimes for there to be confidence that the fraud offence will, in the words of the current Solicitor-General, ‘get the law right’.

scholarly journals Penalization of Socially Dangerous Acts as a Theory

2020 ◽  
pp. 10-15
Author(s):  
Marat T. Valeev ◽  
Keyword(s):  
Criminal Law ◽  
Scientific Knowledge ◽  
Criminal Policy ◽  
Criminal Code ◽  
Criminal Punishment ◽  
Linguistic Rules ◽  
The Law ◽  
Comprehensive Study ◽  
Three Components

The theory of penalization of socially dangerous acts should be considered as a component of penology and, correspondingly, criminal law, which is a broader area of scientific knowledge. Penology is a comprehensive study of criminal punishment, including the whole range of issues related to punishment, from its substantive and legal components (concepts, goals, content, types, effectiveness) to those not related to law, such as, for example, requirements for the architecture of penitentiary institutions. Penology deals with all stage of punishment (legalization, imposition, execution). The theory of penalization, in its turn, covers only the applied part, related to the construction of punishment in the criminal law (in the General and Special Parts of the Criminal Code). Penalization is a method for implementing the postulates of penology into the current criminal law. The theory of penalization is determined by three components: criminal dogma, criminal sociology, and criminal policy. Given that the punishability of dangerous acts must necessarily be reflected in the criminal law, the forms of its implementation must obey the rules of the law. Therefore, the theory of penalization uses the achievements of criminal dogma, which has as its task the normative-doctrinal study of the norms of criminal law, the formation of logical and linguistic rules (semantic, syntactic and others) for their construction. These are the rules of the legislative technique for constructing norms on punishment in the General and Special Parts of the Criminal Code.

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