scholarly journals Problems with Online Criminal Justice in Criminal Procedure Law Due to the Covid-19 Pandemic

2021 ◽  
Vol 5 (3) ◽  
pp. 436
Author(s):  
Ida Bagus Gde Subawa
Keyword(s):  
Criminal Justice ◽  
Virus Disease ◽  
Criminal Procedure ◽  
Literature Study ◽  
Criminal Cases ◽  
Procedural Law ◽  
Criminal Procedure Law ◽  
Court Proceedings ◽  
The Republic ◽  
The Government

The world is in crisis due to the Covid-19 pandemic. Corona Virus Disease 2019 (Covid-19) is a disease that was first discovered in the city of Wuhan, China. The transmission of Covid-19 in the People's Republic of China (PRC) occurred in 2019 and caused the death of Chinese citizens. By early 2020, the spread had spread to every country, including Indonesia. The wide spread of Covid-19 throughout Indonesia has resulted in the government declaring a health emergency and implementing a lockdown policy by limiting activities that trigger the massive spread of the Covid-19 virus. Activities that were initially carried out offline must be carried out online, and one of these activities is court proceedings. Due to the Covid-19 pandemic, every activity, including the judiciary, is carried out online. This study aims to examine the problems that occur as a result of the implementation of online criminal justice in criminal procedural law. This research is descriptive research with a literature study method. The results of the study show that the implementation of online trials creates problems that are considered inconsistent with several principles and contrary to the Criminal Procedure Code, some of which are the validity of evidence in court, then there is an examination of the defendant in court until the last one is the personnel and equipment. which is not supported. Another problem is the Regulation of the Supreme Court of the Republic of Indonesia No. 4 of 2020 concerning the Administration and Trial of Criminal Cases in Courts Electronically which is contrary to the principles of Courts Open to the Public and Quick Trials.

scholarly journals Implementation of Large-Scale Social Restrictions Policy (PSBB) in Bogor District Government

2020 ◽  
Vol 4 (1) ◽  
pp. 70
Author(s):  
Retnowati WD Tuti ◽  
Ma'mun Murod ◽  
Tria Patrianti
Keyword(s):  
Local Governments ◽  
Large Scale ◽  
Central Government ◽  
Virus Disease ◽  
Regional Government ◽  
Literature Study ◽  
Corona Virus ◽  
District Government ◽  
The Republic ◽  
The Government

Large-scale Social Limitation (hereinafter referred to as PSBB) is one form of concern. The government and local governments are Pendemic throughout Indonesia and the world, namely Pandemic Corona Virus Disease (Covid-19). Bogor Regency, which is one of the buffer cities of the Republic of Indonesia, is an area that is quite vulnerable in spreading the Corona virus. Why? because many DKI Jakarta employees / laborers live in Bogor Regency, whose mobility is very high. With the birth of Regent Regulation No. 16 of 2020 concerning Implementation of Large- Scale Social Restrictions in Handling COVID-19 in order to conserve the use of Covid 19. The purpose of this study is to analyze the Implementation of Large Scale Social Limitation Policies in the Government of Bogor Regency. This research method uses Qualitative Methods with Literature Study research methods. (Huberman, Miles, 1994). The technique of inviting data is by searching Scientific Journals, Online Mass Media, Legislation and Books. The technique to determine Online Media by Pusposive, while for data analysis using Nvivo 12 Plus. Test the validity of the data by testing the data source. The results of the study show that the implementation of the Large-Scale Social Limitation Policy in the Bogor District Government has not yet proceeded, starting from the clash of authority between the Central Government and the Regional Government so that it cannot make improvements, and many more are in accordance with the provisions of Covid-19 and its distribution. Social assistance to the community.

"Consensus Justice" in Criminal Cases: Innovations of the Member Nations of the Commonwealth of Independent States

2021 ◽  
pp. 50
Author(s):  
Olga I. Semykina
Keyword(s):  
Criminal Procedure ◽  
Comparative Approach ◽  
Private Law ◽  
Kyrgyz Republic ◽  
Criminal Cases ◽  
Commonwealth Of Independent States ◽  
Criminal Procedure Law ◽  
Independent States ◽  
The Republic ◽  
Definition Of

The article announces the vectors of adaptation of mechanisms of private law regulation in Criminal and criminal procedure Law. Within the framework of a comparative approach, the thesis is put forward for discussion on the formation in the jurisdictions of the Member Nations of the Commonwealth of Independent States of a new model of the administration of justice in criminal cases, aimed at reaching a "consensus" between the subjects of public law relations - the defense and prosecution sides - on the "cost" of the crime and the resulting " benefit "from the consequences of "paying" such for a particular party. This model of regulation the conflict, which has a high dispositiveness for Criminal Law and criminal procedure, allows the state (represented by the bodies conducting the criminal process), in exchange for the speedy achievement of the goals of justice and procedural economy, to “propose to the “defendant” of the criminal case (suspect, accused and sometimes defendant) certain advantages. The author considers it possible to apply the definition of “consensus justice” to the model within which “contracts” of a private law nature are concluded, discussed and executed. When submitting the material, the aim was not to highlight the approaches to the corresponding transformations in all, without exception, the jurisdictions of the countries participating in the Commonwealth of Independent States integration association. The author limited the subject of comparative analysis to innovative in time and space mechanisms for regulating "consensus justice", the approbation of which is already provided for by the criminal and (or) criminal procedure legislation of the Russian Federation, the Kyrgyz Republic, the Republic of Belarus, Kazakhstan, Moldova and Uzbekistan. The provisions and conclusions accumulated in the article reflect the position of the author, they are not indisputable and can cause discussion.

scholarly journals The Role of Prosecutor in Criminal Procedure of Vietnam and Japan

2020 ◽  
Vol 36 (1) ◽  
Author(s):  
Nguyen Hai Yen
Keyword(s):  
New York ◽  
Criminal Justice ◽  
Criminal Procedure ◽  
New Order ◽  
Viet Nam ◽  
Criminal Cases ◽  
Legal Studies ◽  
International Perspectives ◽  
Criminal Procedure Law ◽  
And Control

This article discusses the differences between the prosecutors in the criminal system of Vietnam and Japan in the enforcement of the prosecution right and the activities in the process of resolving criminal cases. At the same time, the cause of the legal history, as well as the organizational model between the two criminal justice systems that led to the differences of these two subjects of the two systems is also mentioned. The article aims to contribute to comparative research between Vietnam and Japan in the field of criminal procedure law and play as reference material in the research and learning process. Keywords: Prosecutor, criminal procedure, Japan. References: [1] Trường Đại học Kiểm sát Hà Nội, Mô hình tố tụng hình sự Nhật Bản, <http://tks.edu.vn/thong-tin-khoa-hoc/chi-tiet/79/146>[2] J. Mark Ramseyer and Eric B. Rasmusen, Why Is the Japanese Conviction Rate so High?, The Journal of Legal Studies 30, 1(2001) 53 [3] Supreme Court of Japan, Outline of Criminal Justice in Japan 2016, Table 4, <http://www.courts.go.jp/english/vcms_lf/Outline_of_Criminal_Justice_in_Japan_2016.pdf, truy cập 25/12/2017>.[4] Shigemitsu Dando, System of Discretionary Prosecution in Japan, The American Journal of Comparative Law, 18 (1970) 3[5] A Didrick Castberg, Prosecutorial Independence in Japan, Crime and Justice, 41 (2012) 19.[6] Trường Đại học Kiểm sát Hà Nội, Bàn về vai trò, trách nhiệm của Kiểm sát viên trong tố tụng hình sự, <http://tks.edu.vn/thong-tin-khoa-hoc/chi-tiet/79/750>[7] Phạm Văn An, Nâng cao vai trò, trách nhiệm, tính chủ động của Kiểm sát viên trong thực hành quyền công tố và kiểm sát xét xử vụ án hình sự, Tạp chí kiểm sát, 15 (2015) 34[8] Malcolm Feeley and Setsuo Miyazawa, The Japanese Adversary System in Context: Controversies and Comparisons, Advances in Political Science, Houndsmills, Basingstoke, Hampshire; New York, Palgrave Macmillian, 2002[9] UNAFEI, “The Criminal Justice System in Japan: Prosecution” n.d., p. 43 <http://www.unafei.or.jp/english/pdf/RS_No53/No53_10FP.pdf>.[10] Stéphanie Balme and Mark Sidel, Vietnam’s New Order: International Perspectives on the State and Reform in Vietnam, Palgrave Macmillan, 2007[11] Trường Đại học Kiểm sát Hà Nội, Tổng quan về hệ thống pháp luật các nước ASEAN, <http://tks.edu.vn/thong-tin-khoa-hoc/chi-tiet/120/258>[12] Lê Hữu Thể, Nguyễn Thị Thuỷ, Hoàn thiện mô hình tố tụng hình sự Việt Nam theo yêu cầu cải cách tư pháp, <http://tks.edu.vn/thong-tin-khoa-hoc/chi-tiet/79/28>[13] Đào Trí Úc, Tổng quan về mô hình Tố tụng hình sự Việt Nam, thực trạng và phương hướng hoàn thiện, <http://tks.edu.vn/thong-tin-khoa-hoc/chi-tiet/79/32>[14] Marcia E. Goodman, The exercise and Control of Prosecutorial Discretion in Japan, Pacific Basin Law Journal, 5 (1986) 78.

scholarly journals Truth and procedural fairness in Chinese criminal procedure law

2019 ◽  
Vol 23 (3) ◽  
pp. 299-315
Author(s):  
Alexander Shytov ◽  
Peter Duff
Keyword(s):  
Criminal Justice ◽  
Criminal Procedure ◽  
Active Role ◽  
Procedural Fairness ◽  
Criminal Process ◽  
Procedural Law ◽  
Criminal Procedure Law ◽  
Justice Process ◽  
Criminal Justice Process ◽  
Rapid Transformation

Chinese criminal procedural law has recently been undergoing rapid transformation. While the search for ‘truth’, embodied in a confession by the accused, has traditionally dominated the criminal process, efforts are now being made to secure more procedural fairness. This is exemplified by the introduction of rules to render inadmissible at trial confessions extorted from suspects by ill treatment. Unsurprisingly, it has proved difficult to shift the mindsets of the players in the criminal justice process. The new rules have not been fully implemented in many respects and there is still confusion over the criteria to be used by the courts in making decisions about inadmissibility. Further, it has proved difficult to enable defence lawyers to play a more active role in defending their clients and to render it normal for witnesses to testify at trial. This handicaps the drive to secure a better balance between the search for truth and procedural fairness in the Chinese criminal trial.

scholarly journals Problematika Kebijakan Penegakan Hukuman Pidana Mati Untuk Koruptor Pada Masa Pandemi Corona Virus Disease 2019 (Covid-19)

2021 ◽  
Vol 5 (1) ◽  
pp. 49-58
Author(s):  
Wildan Tantowi ◽  
N.G.A.N Ajeng Saraswati ◽  
Viola Sekarayu Gayatri
Keyword(s):  
Natural Disaster ◽  
Death Penalty ◽  
Criminal Law ◽  
Virus Disease ◽  
Literature Study ◽  
Criminal Cases ◽  
Legal Method ◽  
Corona Virus ◽  
The Government ◽  
The Impact

This research examines the problems arising from the criminal law policy of imposing the death penalty for corruptors during the Covid-19 pandemic. C. Law Number 31 of 1999 which has been amended by Law Number 20 of 2001 concerning the Eradication of Corruption Crimes is one of the weapons to fight corruption in Indonesia, especially during the Covid-19 pandemic as a national non-natural disaster which has been a serious concern of the government.  In the event of corruption cases occur during the Covid-19 pandemic, such criminal cases should be tackled in an extraordinary and special way because the impact of Covid-19 pandemic has affected all sectors of life, one of which is the economy. Considering the Covid-19 pandemic, it is appropriate if Indonesia is currently categorized under certain conditions. It means that this condition implies that if a criminal act of corruption occurs during the Covid-19 pandemic, law enforcers can prosecute or impose a death penalty for corruption perpetrators as stipulated in Article 2 paragraph (1) and (2) of the Corruption Eradication Law. This research used the normative legal method which is carried out through literature study with the aim of writing the article to find out what weaknesses can lead to juridical problems with the enforcement of the death penalty against corruptors in Indonesia and to analyze the urgency of criminal law policy n the imposition of the death penalty for corruptors during the Covid-19 pandemic.

scholarly journals EKSISTENSI PERSIDANGAN ONLINE DITENGAH PANDEMI COVID19 DALAM PERKARA PIDANA DI INDONESIA

2021 ◽  
Vol 13 (2) ◽  
pp. 320
Author(s):  
Hanafi Hanafi ◽  
Muhammad Syahrial Fitri ◽  
Fathan Ansori
Keyword(s):  
Supreme Court ◽  
Criminal Procedure ◽  
Criminal Cases ◽  
Legal Research ◽  
Legal Norms ◽  
Procedural Law ◽  
Procedure Code ◽  
The Supreme Court ◽  
Criminal Procedure Law ◽  
Two Alternatives

Following the background, the problems in this study are, first, the mechanism for implementing procedural law in E-Court for criminal cases in Indonesia, secondly how E-Court accommodates the process of proof in criminal cases in Indonesia. The method used in this research is pure legal research, which refers to and bases on legal norms and principles, applicable laws and regulations, legal theories and doctrines, jurisprudence, and other literature that are relevant to the topic. The results of this study are, firstly, the mechanism for implementing E-Court procedural law is regulated in the Supreme Court Regulation 4/2020 on the Administration and Trial of Criminal Cases in Electronic Courts provides 2 (two) alternatives for conducting trials in criminal cases, namely Normal Courts and Electronic Courts. Such matters are not previously regulated in the Criminal Procedure Code or other procedural regulations. Second, concerning the process of proofing evidence in criminal cases in E-Court still follows the provisions of the normal criminal procedure law and has the same value or power of evidence as normal trials.

scholarly journals Subject and limits of examination evidence in the proceedings of the criminal case in the court of first instance

2020 ◽  
Vol 6 (3) ◽  
pp. 186-195
Author(s):  
Ilya N. Yefimovykh
Keyword(s):  
Criminal Procedure ◽  
Criminal Case ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Judicial Practice ◽  
Criminal Procedure Law ◽  
The Subject ◽  
Court Proceedings ◽  
Court Of First Instance ◽  
Special Order

The article analyzes the norms of the criminal procedure law, the opinions of scientists, judicial practice materials related to the examination of evidence in criminal proceedings in the court of first instance, on the basis of which the author proposed definitions of the notions subject of examination evidence and limits of examination evidence they were compared with the concepts of subject of proof and limits of proof. The study used such research methods as logical, system-structural, statistical. As a result of a study of specific court decisions in criminal cases, differences in the understanding of evidence and the examination of evidence were revealed. A distinction has been made between the subject and the object of the study of evidence at the court hearing. The question of determining the subject matter and the limits of the examination of evidence was analyzed, including with regard to the consideration of the criminal case in a special order of judicial decision of the court, with the consent of the accused with the accusation. The rationale for the view that the examination of evidence takes place during the examination of a criminal case under a special court procedure is given, the circumstances that can be established during the court session, namely, the circumstances that may lead to exemption from punishment, as well as the postponement are analyzed. serving the sentence. These circumstances, if any, are mandatory to be established in court proceedings through the examination of evidence. According to the results of the analysis, proposed measures to improve the norms of the criminal procedure law governing the consideration of the criminal case in a special order of the trial. The question of the scope of the examination of evidence was considered in conjunction with the norms of the criminal procedure law, which established the grounds for the return of the criminal case to the prosecutor.

scholarly journals Formation of Real Legal Regulationin the Practice of Criminal Procedure Law

2018 ◽  
Vol 5 (2) ◽  
pp. 125-130
Author(s):  
V S Shadrin
Keyword(s):  
Criminal Procedure ◽  
Legal Regulation ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Criminal Process ◽  
Legal Norms ◽  
Procedural Law ◽  
Criminal Procedure Law

The article explains the recognition of the criminal procedure law as the only source of criminal procedural law, examines the content of legal regulation in criminal cases as part of legal norms, legal relations and individual requirements, demonstrates how the model of criminal proceedings, fixed in the criminal procedure law, turns into a real criminal -process law.

scholarly journals Operasi Tangkap Tangan Dalam Penanganan Kasus Korupsi (Arrest Hand Operation In Handling Corruption Case)

2018 ◽  
Vol 9 (1) ◽  
Author(s):  
Puteri Hikmawati
Keyword(s):  
Task Force ◽  
Attorney General ◽  
Criminal Procedure ◽  
Legal Issue ◽  
Constitutional Court ◽  
Procedural Law ◽  
Legal Provisions ◽  
Corruption Case ◽  
Criminal Procedure Law ◽  
The Government

Arrest hand operation (OTT) is one of the efforts done in handling corruption cases. Since 2005 until 2017 The Corruption Eradication Commission (KPK) has done as many as 77 OTT. In addition to KPK, the Government established a Task Force of Sweeping Illegal Levies (Satgas Saber Pungli) with the Presidential Regulaton nr. 87 of 2016, which also conducted OTT related to illegal levies. However, the term OTT is not contained in the legal provisions of corruption case handling. The provisions of the procedural law only regulate the arrest and arrest hand. Therefore, the legal issue in this paper is whether the implementation of OTT by KPK and Satgas Saber Pungli has been in accordance with criminal procedure law. This paper is the result of juridical normative and juridical empirical research, using a qualitative approach. In the discussion described the implementation of OTT by the KPK, which was preceded by wiretapping, while the tapping mechanism and procedures have not been regulated in the Act, as mandated by the Constitutional Court Decision. While OTT conducted by Satgas Saber Pungli based on report of the community. Based on the research, OTT conducted by KPK and Saber Pungli Task Force, in this case the Police and Attorney General, do not violate criminal procedure law. But for harmonization the wiretapping authority should be given to the Police and the Prosecutor's Office for handling corruption cases, and the requirement to be caught in the Criminal Procedure Code must be clarified on the criteria and requirements, so that its implementation does not depend on the interpretation of the apparatus. Abstrak Operasi tangkap tangan (OTT) merupakan salah satu upaya yang dilakukan dalam penanganan kasus korupsi. Sejak tahun 2005 sampai dengan 2017, KPK telah melakukan sebanyak 77 OTT. Selain KPK, Pemerintah membentuk Satuan Tugas Sapu Bersih Pungli (Satgas Saber Pungli) dengan Peraturan Presiden No. 87 Tahun 2016, yang juga melakukan OTT berkaitan dengan pungutan liar. Namun, istilah OTT tidak terdapat dalam ketentuan hukum acara penanganan kasus korupsi. Ketentuan hukum acara hanya mengatur penangkapan dan tertangkap tangan. Oleh karena itu, permasalahan hukum dalam tulisan ini adalah apakah pelaksanaan OTT oleh KPK dan Satgas Saber Pungli telah sesuai dengan hukum acara pidana. Tulisan ini merupakan hasil penelitian yuridis normatif dan yuridis empiris, dengan menggunakan pendekatan kualitatif. Dalam pembahasan diuraikan pelaksanaan OTT oleh KPK, yang didahului dengan penyadapan, sementara mekanisme dan prosedur penyadapan harus diatur dalam UU, sebagaimana amanat Putusan Mahkamah Konstitusi. Sedangkan OTT yang dilakukan oleh Satgas Saber Pungli berdasarkan laporan dari masyarakat. Berdasarkan hasil penelitian, OTT yang dilakukan oleh KPK dan Satgas Saber Pungli, dalam hal ini Kepolisian dan Kejaksaan, tidak menyalahi hukum acara pidana. Namun, untuk harmonisasi, kewenangan penyadapan perlu diberikan kepada Kepolisian dan Kejaksaan yang menangani kasus korupsi, dan persyaratan tertangkap tangan dalam KUHAP harus dipertegas kriteria dan syaratnya, agar pelaksanaannya tidak tergantung pada penafsiran aparat.

scholarly journals Implementation of Compensation Claim's Mechanism through Pretrial for Error in Persona in the Criminal Justice System

Ius Poenale ◽  
2021 ◽  
Vol 2 (2) ◽  
pp. 137-148
Author(s):  
Feryando Feryando
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Government Regulation ◽  
Criminal Procedure ◽  
Concrete Form ◽  
Destructive Action ◽  
Compensation Claim ◽  
Criminal Procedure Law ◽  
The Republic

An error in persona in the implementation of the criminal justice system is a type of destructive action by law enforcement officers that can cause harm to someone. The use of authority by investigators to arrest and detain and detention and prosecution by public prosecutors is a concrete form of persona error. This study focused on the mechanism of a compensation claim through pre-trial due to a persona error in implementing the criminal justice system and an impediment to the implementation of the pre-trial judge's decision on the granting of the compensation claim. The method used is normative and empirical juridical research. The results showed that the mechanism of a claim for compensation through pre-trial due to an error in person in implementing the criminal justice system was carried out fundamentally at the formulation stage. These formulations outlined in the Code Of Criminal Procedure (Kitab Undang-Undang Hukum Acara Pidana/ KUHAP) and Government Regulation Concerning Implementation of The Book of Criminal Procedure Law as a basis for the implementation of pre-trial and the application stage. The statutory factors of Decree of the Minister of Finance of the Republic of Indonesia Number: 983 / KMK.01 / 1983 (Keputusan Menteri Keuangan RI Nomor 983/KMK.01/1983) are an impediment in implementing the pre-trial judge's determination of the compensation claim because the regulation governs administrative procedures that are lengthy and involve government agencies.

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