Corruption in Serbia: Unique or a shared Balkan disease?

The break up of Yugoslavia resulted in successor states in which corruption spread like wildfire, except Slovenia. Therefore, research of corruption in one country of the Western Balkan should be projected against neighbours. Studying corruption in Serbia and projecting it against her neighbours shows that it scores on some indexes in-between. Doing research on the criminal law processing of corruption in Serbia appears to be in many ways a challenge, even if some initial support is provided. The available data appear to be badly managed and full of pitfalls, which makes it difficult to come to firm conclusions. Nevertheless, the first reconnaissance appeared to be useful in the sense that at present the penal law system appears to be mainly populated by 'small fry': serious cases are still rare. The processing time is very long with a usual mild sentencing outcome. The paper provides suggestions for opening up law enforcement.

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Die Entwicklung des Strafrechts der Ukraine

osteuropa recht ◽

10.5771/0030-6444-2020-3-380 ◽

2020 ◽

Vol 66 (3) ◽

pp. 380-396

Author(s):

Rainer Birke

Keyword(s):

Law Enforcement ◽

Rule Of Law ◽

Criminal Law ◽

Penal Code ◽

Science And Society ◽

The Rule Of Law ◽

Law System ◽

The Law ◽

Simplified Procedure ◽

Procedural Rights

In 2001, a new penal code was adopted in Ukraine after a comprehensive discussion in politics, legal science and society, replacing a codification of the Soviet era dating back to 1960, obviously unsuitable for the new realities. The new penal code of 2001 has been changed many times since then. This also applies to the criminal law provisions against corruption, evaluated and commended by GRECO. However, there is criticism of the criminal law system in Ukraine. A large number of the issues have little or nothing to do with the text of the penal code itself, but with deficits in the application of the law and the resulting loss of confidence in the activities of the law enforcement authorities. The judiciary is said to have a significant corruption problem and is significantly overloaded. The latter is to be counteracted by the introduction of the class of misdemeanor (“kryminalnyj prostupok”) in 2019 that can be investigated in a simplified procedure, which has been criticized, inter alia, because it bears the risk of the loss of quality and possibly infringes procedural rights. Also in 2019, the work on a once again completely new codification of the penal code was commenced, which is not entirely surprising in view to the existing criticism of manual errors or inadequacies of the recent code. It is to be hoped that Ukraine, with the existing will and the necessary strength, will succeed in the creation of a criminal law system that is fully in compliance with the rule of law and that a penal code will be drafted that finally finds full recognition in the society.

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A Research Evaluation of the Israeli New Pretrial Detention Act

Israel Law Review ◽

10.1017/s0021223700012218 ◽

2001 ◽

Vol 35 (2-3) ◽

pp. 266-284 ◽

Cited By ~ 2

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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JENIS DAN FREKUENSI KEJAHATAN DI DAERAH PARIWISATA PULAU NUSA PENIDA (PROVINSI BALI)

VYAVAHARA DUTA ◽

10.25078/vd.v13i1.530 ◽

2018 ◽

Vol 13 (1) ◽

Author(s):

I Wayan Suardana ◽

I Made Walesa Putra

Keyword(s):

Domestic Violence ◽

Law Enforcement ◽

Criminal Law ◽

Road Traffic ◽

Criminal Code ◽

Legal Research ◽

Police Station ◽

To Come ◽

Depth Interviews ◽

Conventional Type

Nusa Penida is an island which located on southeast of Bali and separated by the Badung Strait. By a variety of tourist pulling magnets to come to Nusa Penida, it also gives effect to the occurrence of crime. The purposes of the research are to develop the science of law, especially in the field of criminal law and to know and study the type and frequency of crime in Nusa Penida Tourism Area so that it can be constructed effective countermeasures formulation. The method used in the achievement of research objectives, methods of approach Juridical Empirical, namely legal research by way of existing facts approach by way of conducting observations and research through in-depth interviews of the object research. The result of the research shows that there are many types of criminal acts in Nusa Penida area, the most often frequency is the persecution of 24 reports, then theft of 12 reports, then another conventional crime based on data obtained from 2014 until 2017, crimes of a conventional type as stipulated in the Criminal Code and there are crimes that are classified as specific criminal acts such as narcotics abuse. Some obstacles are the existence of darknumber by reason; the omission of the community such as perceiving such acts as cock fighting, seeing guests using addictive drugs, there is also not want to take a risk by reporting an incident, even the police sometimes do not take action or ignore a suspected incident is a crime because it avoids the occurrence of threats to the apparatus itself. Criminalization committed against such crimes as stipulated by the Criminal Code, namely Article 351, 362, 184, 338, 406, 385, 310, 187, 303, 368 and 285. However, there are also crimes threatened with the provisions of the law outside the Criminal Code : Law No. 23 of 2004 on Elimination of Domestic Violence and Law No. 22 of 2009 on Road Traffic and Transportation. There are other obstacles in relation to law enforcement in Nusa Penida crime, which is still unclear authority between Nusa Penida Police Station and Klungkung Police because of the type of crime they handled.

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ANALISIS YURIDIS PENERAPAN KONSEP LEX SPESIALIS SISTEMATIS PADA PENEGAKAN HUKUM TINDAK PIDANA KORUPSI DI BIDANG PERTAMBANGAN DIKAITKAN DENGAN AJARAN PERBARENGAN (CONCURSUS IDEALIS) DALAM HUKUM PIDANA

Jurnal Panji Keadilan : Jurnal Ilmiah Nasional Mahasiswa Hukum ◽

10.36085/jpk.v3i2.1202 ◽

2020 ◽

Vol 3 (2) ◽

Author(s):

Tjahyo Kusumo

Keyword(s):

Law Enforcement ◽

Criminal Law ◽

Point Of View ◽

Legal Certainty ◽

Criminal Cases ◽

Mining Sector ◽

Criminal Sanctions ◽

Legal Implications ◽

Penal Law ◽

The One

ABSTRAKPerkembangan dan pembaharuan hukum pidana sudah meningkat dengan adanya penerapan penggabungan hukum dalam penyelesaian kasus tindak pidana. Perumusan masalah:Bagaimana penerapan konsep lex spesialis sistematis pada penegakan hukum tindak pidana korupsi di bidang Pertambangan Dikaitkan Dengan Ajaran Perbarengan Dalam Hukum Pidana? Bagaimana kepastian hukum penerapan konsep lex spesialis sistematis pada penegakan hukum tindak pidana korupsi di bidang Pertambangan dari sudut pandang keadilan ? Bagaimana implikasi hukum penerapan konsep lex spesialis sistematis pada penegakan hukum tindak pidana korupsi di bidang Pertambangan dalam pembaharuan hukum pidana?Tujuan Penelitian Untuk menjelaskan penerapan konsep lex spesialis systematis pada penegakan hukum tindak pidana korupsi di bidang Pertambangan Dikaitkan Dengan Ajaran Perbarengan Dalam Hukum Pidana Untuk menjelaskan kepastian hukum penerapan konsep lex spesialis systematis pada penegakan hukum tindak pidana korupsi di bidang Pertambangan dari sudut pandang keadilan.Untuk menjelaskan implikasi hukum penerapan konsep lex spesialis systematis pada penegakan hukum tindak pidana korupsi di bidang Pertambangan dalam pembaharuan hukum pidana Jenis penelitian hukumnya adalah secara normatif . Kesimpulan Penerapan konsep lex spesialis sistematis pada penegakan hukum tindak pidana korupsi di bidang Pertambangan Dikaitkan Dengan Ajaran Perbarengan Dalam Hukum Pidana terdapat dalam beberapa dakwaan yang terhadap terdakwa yang diperiksa pada persidangan. Hal ini dapat dilihat pada contoh kasus putusan Nomor: 16/Pid.Sus-PK/2018/PT.DKI dengan kronologinya: Terdakwa Nur Alam selaku Gubernur Sulawesi Tenggara didakwa sebagai yang melakukan, menyuruh melakukan perbuatan yang secara melawan hukum melakukan perbuatan memperkaya diri sendiri atau orangt lain atau suatu korporasi yang merugikan keuangan Negara atau perekonomian Negara. Kepastian hukum penerapan konsep lex spesialis systematis pada penegakan hukum tindak pidana korupsi di bidang Pertambangan dari sudut pandang keadilan yaitu bahwa Kebijakan hukum pidana melalui implementasi asas kekhususan sistematis (systematische specialiteit) merupakan upaya penting dalam harmonisasi dan sinkronisasi antar undang-undang yang terkandung sanksi pidana didalamnya, baik itu yang bersifat pure criminal act ataupun hukum pidana administrasi (administrative penal law). Asas kekhususan sistematis terdapat pada pasal 14 UU Tipikor. Interpretasi terhadap pasal ini tidak seragam sehingga seringkali mengakibatkan terjadinya kriminalisasi kebijakan pejabat. Sehingga masih belum mencapai keadilan. Implikasi hukum penerapan konsep lex spesialis sistematis pada penegakan hukum tindak pidana korupsi di bidang Pertambangan dalam pembaharuan hukum pidana bahwa penegak hukum, JPU dan hakim,baik di tingkat pertama, banding, maupun kasasi, dalam menyikapi perkara pidana yang mempertemukan dua ketentuan hukum pidana khusus secara sistematis.ABSTRACTThe development and renewal of criminal law has increased with the application of the incorporation of law in the resolution of criminal cases. Formulation of the problem: How is the application of the concept of a systematic lex specialist on law enforcement of criminal acts of corruption in the field of Mining Associated with the Doctrine of Reform in Criminal Law? What is the legal certainty of the application of the concept of a systematic lex specialist on law enforcement for criminal acts of corruption in the Mining field from the point of view of justice? What are the legal implications of applying the concept of a systematic lex specialist to law enforcement for corruption in the field of Mining in the renewal of criminal law?Research Objectives To explain the application of the concept of systematic lex specialists in law enforcement for corruption in the Mining field Attributed to the Doctrine of Reform in Criminal Law To explain the legal certainty of the application of the concept of systemic specialist lex in law enforcement for corruption in the mining field from the perspective of justice. legal implications of the application of the concept of systematic specialist lex in law enforcement for criminal acts of corruption in the field of Mining in the renewal of criminal law The type of legal research is normative.Conclusion The application of the concept of systematic lex specialists to law enforcement of criminal acts of corruption in the field of Mining Associated with the Doctrine of Collaboration in Criminal Law is contained in a number of charges against the defendants examined at trial. This can be seen in the example of case ruling Number: 16 / Pid.Sus-PK / 2018 / PT.DKI with its chronology: Defendant Nur Alam as the Governor of Southeast Sulawesi was charged as the one who committed, ordered to do an act that unlawfully commits an act of enriching oneself or any other person or corporation that is detrimental to the State's finances or the State's economy. Legal certainty The application of the concept of systematic specialist lex to law enforcement of corruption in the mining sector from the perspective of justice is that the criminal law policy through the implementation of the principle of systematic specificity (systematische specialiteit) is an important effort in the harmonization and synchronization between the laws contained in criminal sanctions therein , both those that are pure criminal act or administrative criminal law. The principle of systematic specificity is found in article 14 of the Corruption Law. The interpretation of this article is not uniform so it often results in the criminalization of official policies. So it still hasn't reached justice. Legal implications of the application of the concept of a systematic lex specialist on law enforcement for criminal acts of corruption in the Mining sector in the renewal of criminal law that law enforcement, prosecutors and judges, both at the first level, appeals, and cassation, in addressing criminal cases that bring together two specific criminal law provisions systematic.

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RECHTERLIJK PARDON DALAM KEBIJAKAN DAN PENERAPAN PIDANA INDONESIA

PRANATA HUKUM ◽

10.36448/pranatahukum.v15i2.225 ◽

2020 ◽

Vol 15 (2) ◽

pp. 132-142

Author(s):

Annisa Dian Permata Herista ◽

Aristo Evandy A. Barlian

Keyword(s):

Social Justice ◽

Criminal Justice ◽

Criminal Justice System ◽

Criminal Law ◽

Justice System ◽

Civil Law ◽

Penal Code ◽

Law System ◽

Current Formulation ◽

To Come

Penal code in the formulation of criminal law is currently only fixated on the provisions of criminal acts and crimes without including the goals and principles of punishment. Therefore, criminal law is currently considered rigid and inhumane in its application in small cases that are deemed to require social justice. Formulations which do not have objectives and principles in criminal guidelines will not produce effective law, now there is an idea that is Rechterlijk Pardon as one of the concepts in criminal reform that has been used by various countries implementing civil law systems. The results of the analysis in this study found 6 (six) articles relating to the value of forgiveness in the current formulation of the Kuhp but not the pure forgiveness value and the discovery of 5 (five) criminal justice applications that already have forgiveness values but still cannot be applied properly because they are not properly applied the existence of forgiveness formulations in the current criminal. The formulation of the judge's forgiveness idea "Rechterlijk Pardon" will make the criminal law system in Indonesia to come to be more integral, flexible, humanist, progress and nationalist. The criminal justice system desperately needs significant reforms such as the inclusion of criminal law goals and principles so that an effective criminal justice system in Indonesia is realized.

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PENTINGNYA RESTORATIVE JUSTICE DALAM KONSEP IUS CONSTITUENDUM

AL IMARAH : JURNAL PEMERINTAHAN DAN POLITIK ISLAM ◽

10.29300/imr.v5i2.3493 ◽

2020 ◽

Vol 5 (2) ◽

pp. 253

Author(s):

Zico Junius Fernando

Keyword(s):

Law Enforcement ◽

Restorative Justice ◽

Criminal Law ◽

Criminal Code ◽

District Court ◽

Long Distance ◽

Law System ◽

Compensation Mechanisms ◽

The Supreme Court ◽

The Republic

Abstract: The State of Indonesia is a state of law, the affirmation of this can be seen in Article 1 paragraph (3) of the 1945 Constitution of the Republic of Indonesia. The settlement of cases through the judicial system which results in a court verdict is law enforcement towards the slow path. This is because law enforcement through a long-distance, through various levels starting from the Police, Attorney General's Office, District Court, High Court and even to the Supreme Court which ultimately has an impact on the accumulation of cases which are not small in number in the Court and not to mention other effects. For this reason, it is necessary to proceed with the steps to compile invitations concerning the rights and obligations of citizens in the context of implementing the Pancasila and the 1945 Constitution. Renewal of the Criminal Code by its authors is positioned as the foundation for building a national criminal law system. Related to the Political Law of Criminal Law Renewal in the upcoming National Criminal Law there is a concept known as the Restorative Justice concept. Restorative Justice involves restoring relations between the victim and the perpetrator. The restoration of this relationship can be based on mutual agreement between the victim and the perpetrator. The victim can convey about the loss he suffered and the perpetrator was given the opportunity to make it up, through compensation mechanisms, peace, social work, and other agreements. Keywords: Restorative Justice; Legal Reform; RKUHP

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PIDANA PENJARA DALAM PEMBAHARUAN HUKUM PIDANA INDONESIA

Yustisia Jurnal Hukum ◽

10.20961/yustisia.v3i2.11088 ◽

2014 ◽

Vol 3 (2) ◽

Author(s):

Dede Kania

Keyword(s):

Human Rights ◽

Law Enforcement ◽

Restorative Justice ◽

Criminal Law ◽

Justice Theory ◽

Key Word ◽

Penal Law

AbstractImprisonment as the main criminal is the most threatened against offenders. Imprisonment in Indonesia criminal law as a legacy of colonial law enforcement. With the development of the concept of criminal theory form retributive to restorative sentencing, imprisonment and the implementation should be reviewed so that can be in accordance with human rights principles. This research examined the imprisonment in the Indonesian criminal law, customary criminal law, and Islamic Penal law, and also the concept of imprisonment renewal in the concept of Criminal Law Code of Indonesia, and then what is the punishment that is accordance with restorative justice theory that can protect the human rights of the convicted person, victims, and society.Key Word: Imprisonment, human rights, restorative justice.AbstrakPidana penjara sebagai pidana pokok merupakan pidana yang paling banyak diancamkan terhadap pelaku kejahatan. Pemberlakuannya merupakan peninggalan hukum kolonial. Dengan perkembangan pemikiran mengenai konsep pemidanaan dari retributif ke restoratif, pelaksanaan pidana penjara pun harus dikaji ulang sehingga dalam penjatuhan maupun pelaksanaannya dapat sesuai dengan prinsip hak asasi manusia. Penelitian ini mengkaji penerapan pidana penjara dalam hukum pidana Indonesia, hukum pidana adat, dan hukum pidana Islam, serta konsep pembaharuan pidana penjara dalam RKUHP, kemudian bentuk pembaharuan pemidanaan apakah yang sesuai dengan teori restorative justice yang dapat melindungi hak asasi terpidana, korban, dan masyarakat.Kata Kunci: Pidana penjara, hak asasi manusia, keadilan restoratif

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Aspek Religius dalam Pembaharuan Hukum Pidana melalui Politik Hukum Nasional

Journal of Judicial Review ◽

10.37253/jjr.v23i1.4334 ◽

2021 ◽

Vol 23 (1) ◽

pp. 27

Author(s):

Brian Septiadi Daud ◽

Awaluddin Awaluddin

Keyword(s):

Law Enforcement ◽

Criminal Law ◽

Legal System ◽

Research Method ◽

Holistic Approach ◽

Law Reform ◽

Law System ◽

Legal Thinking ◽

Religious Aspects

The purpose of writing is to see about the Indonesian National Law System which is based on Pancasila, especially precepts I, and also to see the accommodation of religious aspects in carrying out Criminal Law Reform through National Law Politics. The research method used in this paper is normative juridical research. The results of research in creating a Pancasila-based legal system can be carried out by applying the juridical-religious principle (for the sake of justice based on divinity) not just a formality of decisions but a substantive / material justice. Then also the paradigm of legal thinking from positivistic to positistic-empirical, which is necessary to make genuine science and law enforcement more useful, including the use of a holistic approach by taking into account the conditions of society. And in carrying out a good reform of the National Criminal Law, it is better to look at religious-based aspects / values and create policies that are in accordance with society in general.

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Rekonstruksi Hukum Mediasi Penal Sebagai Alternatif Penyelesaian Perkara Tindak Pidana Lingkungan Hidup Berbasis Keberlanjutan Lingkungan

Pencerah Publik ◽

10.33084/pencerah.v6i2.1062 ◽

2019 ◽

Vol 6 (2) ◽

pp. 1-8

Author(s):

Laksminarti Laksminarti

Keyword(s):

Law Enforcement ◽

Dispute Resolution ◽

Criminal Law ◽

Environmental Law ◽

Descriptive Analysis ◽

Law System ◽

Legal Structure ◽

Sociological Jurisprudence ◽

Settlement Of Disputes ◽

Research Show

This research aims to obtain an overview of the construction of the Law on the mediation of penal as an alternative to environmental criminal action-based sustainability. In environmental matters, about the criminal environment, the legislation does not provide an ADR (Alternative Dispute Resolution) opportunity in which the parties are permitted to choose a dispute resolution Through negotiations, mediation, and conciliation. This is contained in article 85 paragraph (2) of UUPPLH stating that the settlement of disputes outside the courts does not apply to environmental criminal acts as provided for in this law. This condition of enforcement gives birth to a variety of thoughts that give alternative crime settlement of criminal act outside the Court of mediation of penal. Using a descriptive analysis obtained the idea that to conduct mediation of the penal as an alternative criminal settlement, it is necessary to reform criminal legal structure. The results of the research show that criminal law reconstruction is necessary considering that the institution of Penal mediation organizers has not been contained in the current structure of criminal law. Constructing Penal mediation as an alternative to settlement of Environmental criminal act into the criminal law system in Indonesia is expected to provide improvement and progress in environmental law enforcement. That the settlement of environmental criminal acts through Penal mediation as part of the criminal law system, requires the arrangement in legal science legislation that tends to be critical and has characteristic Personality as "sociological jurisprudence".

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ZNACZENIE KODEKSU KARNEGO Z 1932 R. DLA ROZWOJU NAUKI I PRAWA KARNEGO W POLSCE W XX WIEKU

Zeszyty Prawnicze ◽

10.21697/zp.2011.11.2.04 ◽

2016 ◽

Vol 11 (2) ◽

pp. 45

Author(s):

Józef Koredczuk

Keyword(s):

World War Ii ◽

Criminal Law ◽

Great Influence ◽

Penal Code ◽

Publication Date ◽

Academic Education ◽

Education Development ◽

Law System ◽

Penal Law ◽

Polish Law

THE SIGNIFICANCE OF THE POLISH PENAL CODE OF 1932 FOR THE CRIMINAL LAW AND ACADEMIC EDUCATION DEVELOPMENT IN POLAND IN THE 20TH CENTURYSummary Since the year of 1932 marking the publication date of The Polish Penal Code also known as “Makarewicz Code”, there were strong indications that it would have a profound impact on the advancement in the field of Polish penal law and the academic-scientific area. Drawing from the highest standards and greatest solutions in Europe (i.e. The Code of Switzerland), The Polish Penal Code immediately gained substantial recognition abroad. Following World War II, it became an integral part of the socialist penal law system governing Poland at that time in history. Despite the numerous attacks it was exposed to, The Code served as an academic tool for educating many generations of lawyers and until 1969 it remained a main source book for law studies lectures. Additionally, it was considered to be a synonym of well-founded and stable Polish law and was applied as a benchmark for codification works in Poland dating back to 1969 and 1997. Having regard to the declarations presented by classical and sociological school with its reference to the penal law education, The Penal Code of 1932 had a great influence on the evolution of Polish academic education and criminal law in Poland of 20th century. Today this statement is reinforced by the fact that its author – Juliusz Makarewicz is regarded as the most prominent penal law professor. The Makarewicz Code is not only recognized as an outstanding judiciary achievement but also as a valuable academic-scientific point of reference. It is a symbol of the finest traditions in Polish law associated with progress, innovation and the one that elaborates on institutions that secure and attest to obeying the penal law regardless of the political roles it may play.

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