scholarly journals New Paradigm of Indonesian Criminal Law Policy to Formulate Sanctions for Cases of Customary Crimes

2021 ◽  
Vol 8 (2) ◽  
pp. 275-291
Author(s):  
I Made Wirya Darma
Keyword(s):  
Criminal Law ◽  
Secondary Data ◽  
Legal Framework ◽  
Criminal Code ◽  
Law Reform ◽  
New Paradigm ◽  
Library Research ◽  
The Future ◽  
Severe Punishment ◽  
Legal Substances

Legal politics examines changes within present law due to consistent demands and needs of people. Legal politics continue to develop the rule of law, from the Ius Constitutum, which is based on the previous legal framework, to the formulation of the law in the future, the Ius Constituendum. The Indonesian 2019 draft of Criminal Code formulates customary sanctions as the fulfillment of customary obligations in several articles. These articles provide a new paradigm of criminal law policy to formulate criminal law reform in the future for customary sanctions in cases of customary crimes. The study used normative juridical or library research on normative legal substances. It aims to reveal the truth based on scientific logic from the normative side by examining library materials or secondary data consisting of primary and secondary legal materials. The results show that the fulfillment of customary obligations can be expected to become criteria or signs/guidelines for judges to determine “law that lives in society” or “The Living Law” as a source of law (material legality) in the future. It is a form of new paradigm in the renewal of customary criminal law. Thus, customary (criminal) law can become (1) a positive source of law, in the sense that customary criminal law (sanctions) can be the legal basis to examine cases at the Court; and (2) negative sources of law, in the sense that the provisions of customary criminal law (sanctions) can be justified reasons, reasons for mitigating punishment or providing more severe punishment.

ANALISIS HUKUM PIDANA DENDA PELANGGARAN LALU LINTAS DI KOTA BENGKULU (DITINJAU DARI UNDANG-UNDANG NOMOR 22 TAHUN 2009 TENTANG LALU LINTAS DAN ANGKUTAN JALAN)

2019 ◽  
Vol 2 (1) ◽  
pp. 24-33
Author(s):  
Apen Diansyah
Keyword(s):  
Death Penalty ◽  
Criminal Law ◽  
Secondary Data ◽  
Criminal Code ◽  
Primary Data ◽  
Economic Factors ◽  
Inhibiting Factors ◽  
Library Research ◽  
The Law ◽  
The City

ABSTRAKPenelitian ini ditujukan untuk mengetahui penerapan denda terhadap pelanggar berlalu lintas di kota Bengkulu ditinjau dari Undang-undang Nomor 22 Tahun 2009, serta untuk mengetahui faktor penghambat dalam penerapan pidana denda terhadap pelanggar barlalu lintas di Kota Bengkulu. Penelitian dilaksanakan disatuan lalu lintas Polres dan Polda Kota Bengkulu. Adapun data yang didapatkan adalah data primer dan data sekunder melalui penelitian lapangan dan penelitian kepustakaan, kemudian data dianalisis dengan cara deskriptif. Peraturan yang tertera pada undang-undang yang tertera sepenuhnya untuk meningkatkan kesadaran untuk setiap pelanggar yang melakukan pelanggaran, tetapi pada kota Bengkulu undang-undang tersebut tidak sepenuhnya berjalan efektif. Menurut pandangan Undang-undang 22 Tahun 2009, penerapan pidana denda masuk dalam kategori pidana pokok (sesuai Pasal 10 KUHP) sebagai urutan terakhir atau keempat, sesudah pidana mati, pidana penjara dan pidana kurungan. Selain dari itu, faktor penghambat keefektifan Undang-undang seperti faktor ekonomi, faktor kedekatan emosional dan faktor kekebalan institusional.Kata kunci: tindak pidana; hukum pidana; dendaABSTRACTThis study aims to determine the application of violators from cities in Bengkulu in terms of Law Number 22 of 2009, and to find out the inhibiting factors in the application of fines to traffic violators in the city of Bengkulu. The research was carried out in the traffic city of the City Police of the City of Bengkulu. The data obtained are primary data and secondary data used for library research and research, then the data are analyzed descriptively. The regulations stated in the law that are fully stated to increase awareness for every offender who commits an offense, but in the city of Bengkulu the law is not fully effective. According to the view of Law 22 of 2009, the application of criminal fines falls into the main criminal category (according to Article 10 of the Criminal Code) as the last or fourth order, after the death penalty, imprisonment and imprisonment. Apart from that, factors inhibiting the effectiveness of the law such as economic factors, emotional proximity factors and institutional immune factors.Keywords: crime; criminal law; fines

scholarly journals MEDIASI PENAL SEBAGAI UPAYA DALAM RANGKA PEMBAHARUAN HUKUM PIDANA DI INDONESIA BERBASIS NILAI-NILAI KESEIMBANGAN

2016 ◽  
Vol 3 (1) ◽  
pp. 138
Author(s):  
Taufiqurrohman Abildanwa
Keyword(s):  
Criminal Law ◽  
Qualitative Data ◽  
Secondary Data ◽  
The Other ◽  
Law Reform ◽  
Primary Data ◽  
Traditional Values ◽  
Library Research ◽  
Traditional Societies ◽  
Court Process

The purpose which would be expected in ”Penal Mediation” in positive criminal law which is to root the values   promoted by restorative justice is rooted in traditional values   in traditional societies such as the value of balance, harmony and peace in society. This study used library research (library research) with normative approach to determine the policy of the criminal law in the prevention of criminal acts through efforts to settle outside the court process in order to reform the criminal law in Indonesia. Analysis of the data used in this study is qualitative data analysis of the primary data and secondary data. Results of this study were (1) the criminal law policy in combating criminal acts through efforts to resolve extrajudicial positive today only a small part, while others are still oriented to the formal completion. (2) Policy criminal law in combating criminal acts through the efforts of  a settlement Penal Mediation in the framework of criminal law reform in Indonesia should be arranged in an integrated manner, and the required type of criminal that could compromise or take advantage of the positive aspects (the reverse also means, avoid negative terms) on the other side of the prison and criminal surveillance sector on the other side.

scholarly journals REFORMULATION OF THE CRIMINAL LIABILITY AS AN ACTOR OF ONLINE PROSTITUTION: A NORMATIVE STUDY

2017 ◽  
Vol 2 (2) ◽  
pp. 132-143
Author(s):  
Subaidah Ratna Juita
Keyword(s):  
Criminal Law ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Secondary Data ◽  
Law Reform ◽  
Normative Study ◽  
National Regulation ◽  
Library Research ◽  
Concrete Form ◽  
Legal Sense

One of the rational efforts used to tackle online prostitution activity is with the approach of criminal law through criminal law formulation as a concrete form of criminal responsibility to the perpetrators of online prostitution. There is no provision that regulates the criminal to the users of online prostitution services because of the maximum prevention of online prostitution itself. If there is no national regulation governing the matter, online prostitution users will feel secure and remain free to buy services for their satisfaction alone, while it is contrary to various aspects of norms in the ethical norms of society. Therefore a criminal law is required, related to criminal liability for users of online prostitution services. The method used is normative juridical, ie by examining or analyzing secondary data using basic materials, with legal sense as a set of rules or positive norms in the legislation system that regulates prostitution online, as well as using secondary legal materials, and tertiary. So this research is library research (library research), that is research to secondary data. Thus, the juridical-normative approach in the study is used to analyze issues relating to criminal law reform regarding criminal liability to online prostitution actor.

scholarly journals Enforcement of Criminal Law on Crimes of Criminal Consensus Against State Security: Learning from Indonesia

Rechtsidee ◽  
2020 ◽  
Vol 7 ◽  
Author(s):  
Roby Satya Nugraha ◽  
Sri Ayu Astuti
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Secondary Data ◽  
Criminal Code ◽  
Criminal Sanctions ◽  
Library Research ◽  
Law Enforcement Officials ◽  
Criminal Conspiracy ◽  
Sense Of Justice ◽  
Case Number

The purpose of this legal research is to explain the first discussion, namely how to implement law enforcement against criminal conspiracy (samenspanning) which has been regulated in the Criminal Code and the Criminal Procedure Code. Second How is the imposition of sanctions for criminal conspiracy charges regulated in the Criminal Code in case Number: 293K / Pid / 2016. This type of research is normative research which is descriptive-analytical in nature, using secondary data with data collection techniques through library research and processing data qualitatively, it is concluded that law enforcement against criminal conspiracy is carried out by penal measures, penal measures are one of the efforts to enforce the law or all actions taken by law enforcement officials that focus more on eradication after a crime is committed under criminal law, namely criminal sanctions which constitute a threat to the perpetrator. The stages in this way include investigation, further investigation, prosecution, and so on, which in this case is part of criminal politics. The functionalization of criminal law is an effort to tackle crime through rational criminal law enforcement with the aim of creating the fulfillment of a sense of justice and efficiency. The imposition of sanctions Criminal sanctions imposed if a person has been proven to have committed a criminal act of treason can be punished with a criminal sentence contained in Article 106 of the Criminal Code with the threat of life imprisonment or twenty years in prison.

scholarly journals Adultery Criminalization Spirit in Islamic Criminal Law: Alternatives in Indonesia’s Positive Legal System Reform

2021 ◽  
Vol 5 (2) ◽  
pp. 913
Author(s):  
Supardin Supardin ◽  
Abdul Syatar
Keyword(s):  
Criminal Law ◽  
Legal System ◽  
Human Life ◽  
Criminal Code ◽  
Law Reform ◽  
System Reform ◽  
Law System ◽  
Applicable Law ◽  
The Future ◽  
New Ideas

This study aims to provide new ideas in the criminal law reform discourse in Indonesia, especially concerning the adultery issue, by employing a socio-legal approach and Islamic criminal law. The socio-legal approach was performed by combining normative analysis and non-legal scientific tactics in observing the applicable law. Meanwhile, the Islamic criminal law was used to assess and contribute new ideas to the Indonesian legal system in the future, presuming criminal law reforms are implemented. The results indicated fundamental weaknesses in Article 284 of the Criminal Code (KUHP) in terms of defining adultery and the prescribed sanctions. Hence, the community’s need for efforts to reform the adultery penalty following the national culture is inevitable. The best solution is that the spirit of adultery sanctions in Islamic criminal is expected to be an alternative to renew Indonesia’s criminal law system in the future. Although some elements of the nation may not expect the form of adultery sanction in Islamic penalties, the spirit in it aims to have strong legal certainty and maintain human life

scholarly journals Criminal Response Formulation Policy Distribution News (Hoax) through Social Media

2021 ◽  
Vol 2 (6) ◽  
pp. 13-21
Author(s):  
Hendral Veno ◽  
Chepi Ali Firman ◽  
Dey Ravena ◽  
Aji Mulyana
Keyword(s):  
Social Media ◽  
Criminal Law ◽  
Hate Speech ◽  
Secondary Data ◽  
Criminal Code ◽  
Policy Formulation ◽  
Primary Data ◽  
Fake News ◽  
Legal Factor ◽  
The Future

The spread of fake news (hoax) is increasingly prevalent nowadays. Hoax is fake news that often appears on the internet and aims to spread panic and mass fear. Many irresponsible individuals carried out an activity to achieve a goal that can cause unrest, chaos, and disrupt state security. The research objective is to understand the criminal provisions in the ITE Law into conditions that follow the development of the criminal act of spreading hoaxes—knowing the policy formulation in handling the spread of fake news (hoax) through social media in Indonesia in the future. The approach method used in this research is a normative juridical approach. The types of data used in this study are secondary data and primary data. This research is classified as a kind of qualitative research. The results of this study indicate that: The provisions that follow the development of the criminal act of spreading fake news (hoax) are seen from several aspects. First, the factory itself, the second legal factor of law enforcement officers, the third is facilities and infrastructure, fourth, the community factor. In terms of this aspect, the formulation of criminal law in dealing with fake news in the future looks better and more complete, especially in the concept of the Criminal Code, which regulates things that can be convicted regarding fake news and hate speech, the form of fake news and hate speech in cyberspace. The current criminal law policy still has shortcomings, especially in terms of policy formulation.

scholarly journals Tindak Pidana Penyerobatan Tanah Dalam Perspektif Hukum Pidana

2021 ◽  
Vol 20 (2) ◽  
pp. 242-260
Author(s):  
Muhammad Ridwan Lubis
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Secondary Data ◽  
Criminal Code ◽  
Land Grabbing ◽  
Criminal Offense ◽  
Legal Power ◽  
Library Research ◽  
Research Problems ◽  
The Right

The title of this Journal is "The Crime of Land Grabbing in a Criminal Law Perspective". The research problems studied in this thesis are how to regulate the crime of land grabbing, how is law enforcement against the crime of land grabbing. The research method used in this research is to use normative juridical research sourced from library research using secondary data which consist of primary legal materials, secondary legal materials and tertiary legal materials.The result of the research shows that the regulation of thecrime of land grabbingis regulated in a number of provisions concerning the crime of land grabbing which is regulated in some provisions of the legislation, including Law Number 51 Prp. 1960 states that the use of land without a permit with the right or legal power is prohibited and punishable by criminal penalties (Article 2 and Article 6) and it is regulated in the Criminal Code in several articles, namely Article 167, Article 242, Article 263, Article 264, Article 266, Article 274, and Article 385 of the Criminal Code.. Law enforcement against the crime of land grabbing is subject to Article 385 of the Criminal Code which is the only article directly related to the land grabbing and is categorized as a criminal offense. Particularly in Article 385 paragraph (1) of the Criminal Code which reads: "whoever with the intention of illegally benefiting himself or another person, sells, exchanges or burdens with credietverbandsomething right to Indonesian land, a building, construction, planting or seeding, even though it is known that it is someone else who owns or shares rights over it. Keywords : Crime, Land Grabbing, Criminal Law.

International legal framework for the criminal legal protection of the embryo

2021 ◽  
pp. 296-308
Author(s):  
Nikolai A. Ognerubov
Keyword(s):  
Criminal Law ◽  
Legal Status ◽  
Assisted Reproductive Technologies ◽  
Legal Protection ◽  
Reproductive Technologies ◽  
Legal Framework ◽  
Criminal Code ◽  
International Aspects

In connection with the active development and use of assisted reproductive technologies, protection of the human embryo and its legal status issue is currently being actualized. We make an attempt to reveal and explain some of the international aspects of the criminal law protection of the life and rights of the embryo. We consider the concept of “embryo” not only from the point of view of various scientific approaches (medicine, biology, embryology, jurisprudence), but also from the legislative side. We present and analyze the first mention of the embryo in Roman private law in connection with modern domestic law. We carry out an analysis of international legal acts that provide protection of embryos both “in vitro” and “in vivo”, followed by consideration of specific criminal law norms of foreign countries, namely Brazil and Colombia. We pay attention to some of the most famous cases from the jurisprudence of the European Court of Human Rights in order to understand the applied international legal acts “de facto”. The study also takes into account modern domestic legislation and considers point “g” of part 2 of Article 105 of the Criminal Code of the Russian Federation.

scholarly journals Sentencing Reform in Canada: Recent Developments

2019 ◽  
Vol 23 (3) ◽  
pp. 319-355 ◽  
Author(s):  
Julian V. Roberts ◽  
Andrew von Hirsch
Keyword(s):  
Criminal Law ◽  
Law Reform ◽  
Final Report ◽  
Sentencing Guidelines ◽  
Department Of Justice ◽  
Policy Issues ◽  
Sentencing Reform ◽  
Solicitor General ◽  
The Future ◽  
Recent Developments

Changes to the sentencing process in Canada are finally imminent. A number of reports in recent years have called for reforms in the area of sentencing and parole. In 1987, the Canadian Sentencing Commission released its final report Sentencing Reform: A Canadian Approach. This was followed in 1988 by the report of the Daubney Committee following its investigation into sentencing and parole. In addition to these proposals, the now-defunct Law Reform Commission of Canada, the Department of Justice and the Ministry of the Solicitor General all published reports containing reform proposals. In this article, the authors review recent events in the area of sentencing since the publication of the report of the Canadian Sentencing Commission. After a brief introduction, four principal policy issues are examined: (i) statutory statements of sentencing purpose; (ii) sentencing guidelines; (iii) the future of release on parole; (iv) the creation of a permanent sentencing commission for Canada. For each issue, the article critically examines the position taken by major players in the area of criminal law reform. The article concludes with a brief examination of Bill C-90, which recently received first reading, and which will be the object of further parliamentary scrutiny in the fall of 1992. In a subsequent article, the authors offer their own proposals to reform the sentencing of offenders in Canada.

scholarly journals Kebijakan Kriminalisasi Pengguguran Kandungan dalam Kajian Perbandingan Hukum Berbagai Negara serta Dampaknya bagi Kesehatan Ibu dan Anak (KIA)

2020 ◽  
Vol 2 (1) ◽  
pp. 14-28
Author(s):  
Rosalind Angel Fanggi
Keyword(s):  
Psychological Impact ◽  
National Development ◽  
Secondary Data ◽  
Criminal Code ◽  
Central Position ◽  
Health Coverage ◽  
Legal Reforms ◽  
Positive Law ◽  
The Future ◽  
Character Building

Indonesia is a country where religion occupies a central position and the elements must exist in the national and character building. Although has been setting in Criminal Code, but still found many cases of abortions. This paper is about to dig up how the rule of law of abortions. That there is something more profound that abortion is not only about removal of the fetus but also moral and psychological impact for youth of Indonesia. This artice aims to answer the questions: how the criminalization policy of abortion in the positive law at the future? In preparing this thesis, using a normative juridical approach, the author examines library materials is a secondary data and using the comparative law method also of the several foreign countries. The conclusion of this study is the criminalization of abortion policy set out in the positive law is not enough to guarantee protection for public health. Criminalization policy of abortion in the positive law at the future can be done by considering the arrangement of the Criminal Code abortion in some foreign as an ingredient to make legal reforms and especially considering the meaning of the precepts contained in the second sila in Pancasila. Advice can be delivered are abortions is not the best choice, but in conditions harmful should settings that give protection and health coverage of pregnant women; should have arrangements to sell the drug/vehicle used to perform abortions; about the naming of the chapter should considered using the chapter on offenses against the moral; rules should be formulated to provide legal certainty for doctors and patients: the criminalization policy of abortion settings should be based on Pancasila and national development goals.

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