scholarly journals MODEL PENYELESAIAN ALTERNATIF PERKARA PIDANA DALAM HUKUM ISLAM DAN RELEVANSINYA DENGAN PEMBAHARUAN HUKUM PIDANA INDONESIA

2018 ◽  
Vol 26 (1) ◽  
pp. 53
Author(s):  
Hambali Yusuf ◽  
Saifullah Basri
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Law ◽  
Islamic Law ◽  
The State ◽  
Private Law ◽  
Criminal Offence ◽  
Criminal Cases

Many criminal cases that are not resolved either at the level of appeal or cassation level is an indication that there are problems in law enforcement. Islamic Criminal Justice provides much alternative settlement of criminal cases by maintaining a balance of the interests of the victim, the community, the State and the offender. This research aims to analyze the model, explain the alternative settlement of criminal cases in the Islamic law; how setting the model settlement of criminal cases in the Islamic law can be used as a model settlement of criminal cases in the criminal law of Indonesia, to find a model settlement of criminal cases in the Islamic law of relevance to criminal law updates Indonesia.    This research got that setting jarimah qishas-diyat placed as a kind of private law as rights adami. Setting model jarimah-diyat can allow made a model in settlement of a criminal offence in the criminal law of Indonesia in line with developments in the modern criminal law sanctions governing sanctions fines or compensation for victims.  Setting model jarimah-diyat can allow made a model in settlement of a criminal offence in the criminal law of Indonesia in line with developments in the modern criminal law sanctions governing sanctions fines or compensation for victims.

scholarly journals The use of historical call data records as evidence in the criminal justice system – lessons learned from the Danish telecom scandal

2020 ◽  
pp. 1-17
Author(s):  
Lene Wacher Lentz ◽  
Nina Sunde
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Quality Management ◽  
Criminal Law ◽  
Justice System ◽  
Lessons Learned ◽  
Cognitive Factors ◽  
Criminal Cases ◽  
Criminal Trials ◽  
Processing Errors

Historical call data records (HCDR) are frequently used as evidence in criminal trials. However, several inherent uncertainties are associated with HCDR data, and, additionally, errors may occur when law enforcement processes the data. In Denmark, processing errors were introduced into HCDR from 2010 until 2019. The Danish authorities are currently reviewing more than 10,000 criminal cases in order to secure a fair trial. This article conducts a socio-technical analysis of the Danish telecom scandal, which shows that, in addition to the processing errors highlighted, sources of error are related to competence, cognitive factors and inadequate quality management. Index words: Denmark; criminal law; call data records; uncertainties; prosecution processing errors

scholarly journals The reaction to femicide in criminal law

Temida ◽  
2016 ◽  
Vol 19 (3-4) ◽  
pp. 431-451
Author(s):  
Ana Batricevic
Keyword(s):  
Violence Against Women ◽  
Criminal Law ◽  
Special Form ◽  
Comparative Law ◽  
The State ◽  
Criminal Offence ◽  
Global Problem ◽  
Efficient Suppression

Misogynous and sexist violence against women, which often results in death, represents a global problem. Numerous international and national legal instruments are dedicated to the prevention and sanctioning of violence against women. However, the reality implies that existing mechanisms of penal reaction to femicide, as its most extreme and brutal form, should be re-examined. Having in mind the frequency and severe consequences of this criminal offence and the discriminatory character of the message that the state sends by tolerating it or inadequately punishing its perpetrators, the author attempts to define femicide, to present basic forms of state reaction to femicide in comparative law as well as to analyze the features of femicide as an independent criminal offence. Arguing for the incrimination of femicide as an independent criminal offence, or as a special form of aggravated murder, the author points out that such solution could contribute to more precise observation of this form of crime, to a better estimation of the quality of the state? s reaction to it and to its more efficient suppression.

scholarly journals Torture without physical pain: Inside cell 24 of the special wing for political prisoners-Evin prison (Iran)

2017 ◽  
Vol 27 (2) ◽  
Author(s):  
Hasti Irani
Keyword(s):  
National Security ◽  
Criminal Law ◽  
Islamic Law ◽  
The State ◽  
Political Prisoners ◽  
Physical Pain ◽  
Islamic Revolution ◽  
Cultural Traditions ◽  
Serious Crime ◽  
Christian Family

I come from Iran, an immense country of more than 77 million inhabitants, the cradle of Persian civilization, and one of the richest and most ancient cultural traditions of humankind, with deep values of respect and tolerance. 38 years ago there was an Islamic revolution that turned Iran into a country that has Islam as an official religion and in which laws must conform to Sharia or Islamic law. I belong to the Christian minority, officially recognised in the Iranian constitution, but only for those born in an ethnically Christian family. People who, like me, were born into an Islamic family and converted to Christianity, are considered apostates and guilty of a serious crime under Sharia. In the last year alone about 200 people who have been accused of apostasy have been imprisoned and many have been tortured. That was the reason I was detained. We Christians are no threat to the national security of Iran. We are not going against the State. But we are treated as such. We, although citizens of Iran, are under Criminal Law, the Enemy.

7 The Supreme Court and Northern Ireland

2019 ◽  
Author(s):  
Dickson Brice
Keyword(s):  
Law Enforcement ◽  
Northern Ireland ◽  
Supreme Court ◽  
Criminal Law ◽  
The State ◽  
Good Friday ◽  
The Supreme Court ◽  
Good Friday Agreement

This chapter begins by considering the arms trial in the early 1970s and outlines the gist of the Sunningdale Agreement in 1973 before considering the challenge to that Agreement dealt with by the Supreme Court in the Boland case. There follows an examination of the Court’s views on the constitutional status of Northern Ireland in McGimpsey v Ireland, decided in the wake of the Anglo-Irish Agreement of 1985, and on the constitutionality of the Belfast (Good Friday) Agreement in the Riordan case. There is an analysis of Law Enforcement Commission’s report and of the Court’s views on resulting Criminal Law (Jurisdiction) Bill 1975. The focus next moves to the shifting views of the Supreme Court on when it is appropriate to extradite suspected terrorists to Northern Ireland. Cases concerning Dominic McGlinchey, Séamus Shannon, Robert Russell, Dermot Finucane and Owen Carron are examined, as is the state of extradition law today.

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.

Crimes Against the Sovereign Order: Rethinking International Criminal Justice

2019 ◽  
Vol 113 (4) ◽  
pp. 727-771 ◽  
Author(s):  
Ryan Liss
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
International Criminal ◽  
The State ◽  
International Criminal Justice ◽  
Criminal Jurisdiction ◽  
International Crimes ◽  
Fundamental Challenge ◽  
The Way

AbstractThe scope of international criminal jurisdiction poses a fundamental challenge for criminal law theory. Prevailing justifications for the state's authority to punish crime assume the existence of connections between the state and either the criminal or the crime that are not always present in the international criminal context. Recognizing this gap, this Article introduces a new theory of what distinguishes international crimes from domestic crimes and justifies the unusual scope of international criminal jurisdiction. As this Article explains, international crimes are unique in the way they undermine international society's structure as a system of sovereign states.

Toward a Contemporary Concept of Criminal Justice

1969 ◽  
Vol 4 (4) ◽  
pp. 479-493
Author(s):  
Helen Silving
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
Canon Law ◽  
The State ◽  
Penal Code ◽  
The Other ◽  
Model Penal Code ◽  
National Socialist ◽  
American Law ◽  
The One

The state of our “criminal law” in 1905 was described by William H. Taft as “a disgrace to our civilization”. This state had not changed much almost half a century later, when Justice Frankfurter quoted Mr. Taft's statement. Several major modern reform projects formulated since 1952 introduced some noteworthy modifications. I have in mind particularly the American Law Institute Model Penal Code, on the one hand, and the German Draft of a Penal Code, both of 1962, on the other. In the former I should like to draw attention to the serious attempt at a systematization of punishment scales, and in the latter to the effort at a systematic structuring of the “guilt principle”. The German Draft incorporated results of various revisions introduced since the collapse of the National Socialist régime, by either statutory or judicial legislation—revisions born out of the growing concern in Germany with “guilt”. Prominent among these revisions, of course, is adoption of the defence of “error of law” of ancient origin, derived from biblical, talmudic and canon law teaching. Nevertheless, these two projects have but touched the surface of the profound problems that are involved in formulating truly modern penal legislation.

Features of Linguistic Terminology Regarding Counterfeiters in the Russian and Austro-Hungarian Empires in the XIX – early XX centuries

2020 ◽  
pp. 55-63
Author(s):  
Andrii Boiko-Gagarin
Keyword(s):  
Law Enforcement ◽  
Credit Cards ◽  
Russian Empire ◽  
The State ◽  
Criminal Cases ◽  
Paper Money ◽  
Historical Archives ◽  
The Russian Empire ◽  
Definition Of ◽  
First Time

The article analyzes the main terms used by law enforcement investigators and editors of the old newspapers regarding to counterfeiters, the forged money, and the process of selling them. Evidence of lexis in relation to counterfeiting has been traced from the criminal cases stored in the state historical archives of Ukraine and Poland, as well as in newspapers periodicals of Ukrainian cities. Most of the sources used in the study are published for the first time. The counterfeiters in Russian empire were called «manufacturer», «counterfeiter», but in Austro-Hungarian – the «counterfeiter» and «deceiver». The process of falsification in the newspapers of Galicia was defined in relation to money, as «made», «fabricated», in the Russian Empire – «cooked», «fabricated» and others. Most often, the definition of a counterfeiter’s personality was referred to as «counterfeiter», «coin counterfeiter», «counterfeiter». The place of counterfeiting was positioned as a «mint», often with the note «secret» or «illegal». In most newspaper publications, organized gangs of counterfeiters were described as а «gang banditti». Linguistic tautology «counterfeiting of counterfeit coins» is oftenly applied to counterfeit manufacturers. In terms of paper money, the definition «paper» and «picture» were used. The Galician press often called the trial of counterfeiters a «massacre». In 1915 in Chernihiv the credit notes signed by cashier S. Brut because of misinformation about their fraud, the population became wary of exchanging such a money, calling it «Brut’s rubles». For flat metal engraved cliches to print counterfeit assignments and credit cards the term «boards» was used, and coin counterfeiting tools are referred to as «counterfeiting machines» or «weapon tools».

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.

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