KEPASTIAN HUKUM TERHADAP PERAMPASAN ASET YANG BUKAN MILIK NEGARA

2019 ◽  
Vol 2 (2) ◽  
pp. 414
Author(s):  
Jhon Pridol ◽  
Firman Wijaya
Keyword(s):  
Criminal Procedure ◽  
The State ◽  
Court Decision ◽  
Legal Certainty ◽  
Travel Agent ◽  
Procedure Code ◽  
The Law ◽  
Court Proceedings ◽  
The Ideal

Legal certainty is one of the "three basic values of the law" which means it can be equated with the principle of law. A verdict or court decision must be in accordance with the law because the judge must judge based on the law. Decisions must also be fair, objective and impartial. Therefore the ideal decision is a decision that contains justice, usefulness and legal certainty proportionally. Seeing from the application of the Criminal Procedure Code, the main purpose of tracking assets resulting from criminal acts to be confiscated in court proceedings and ultimately resulting in a court decision is to be returned to the rightful party. In practice, there is a conflict between the victim and the judge's decision regarding the confiscation of evidence by the State that was confiscated from a First Travel travel agent, because the evidence seized from First Travel is the result of fraud from a prospective Umrah pilgrimage that should be returned to the victim as compensation.

scholarly journals SOME LEGISLATIVE STEPS TO INCREASE THE EFFICIENCY OF THE IMPLEMENTATION OF THE CRIMINOLOGICAL POLICY OF THE STATE IN THE ACTIVITIES OF CERTAIN BODIES

2020 ◽  
Vol 1 (4(106)) ◽  
pp. 23-30
Author(s):  
Н. С. Сидоренко
Keyword(s):  
Criminal Justice ◽  
Crime Prevention ◽  
Criminal Procedure ◽  
The State ◽  
Security Service ◽  
Procedure Code ◽  
Criminal Offenses ◽  
The Status ◽  
The Law ◽  
National Police

The relevance of the article is that to obtain the status of mandatory for implementation, these conceptual provisions must be enshrined in the relevant regulations. Therefore, in order to increase the effectiveness of the criminological policy of the state in the activities of individual bodies of criminal justice, it is necessary to search for ways to improve the legislative mechanism of its implementation. The purpose of the article is to find legislative steps to improve the implementation of criminological policy of the state in the activities of individual bodies of criminal justice. Some legislative steps to increase the effectiveness of the implementation of criminological policy of the state in the activities of certain bodies of criminal justice. The search for legislative steps to increase the effectiveness of the implementation of criminological policy of the state in the activities of certain bodies of criminal justice. It is concluded that in the current CPC of Ukraine there are no direct rules authorizing the criminal justice authorities to prevent activities. First of all, it concerns the identification of the causes and conditions that contribute to the commission of criminal offenses and the taking of measures within their competence to eliminate them. That is, investigators and investigators have the power to identify and eliminate the causes and conditions of crime, according to the Law of Ukraine "On the National Police", and the mechanism for exercising this power, which should be contained in the CPC of Ukraine, is absent. To increase the effectiveness of the implementation of criminological policy of the state it is advisable, in particular: in Article 1, Part 2 of Article 9, para. 3 part 1 of Art. 22 of the Law of Ukraine "On the National Police" to replace the phrase "combating crime" with "crime prevention". In addition, in Article 2 of the same Law, one of the tasks of the police, instead of "combating crime", it is desirable to define "crime prevention"; The Law of Ukraine “On the Security Service of Ukraine” should be supplemented with guarantees regarding non-interference in the activities of SBU employees as follows: “Any written or oral instructions, requirements, instructions, etc. addressed to the Security Service of Ukraine or its employees proceedings and not provided for by the Criminal Procedure Code of Ukraine, are illegal and not enforceable. In case of receiving such instructions, requirements, instructions, etc., the employee of the Security Service of Ukraine shall immediately inform the head of the Security Service of Ukraine in writing".

scholarly journals PROBLEMS OF LEGISLATIVE REGULATION OF DETENTION OF PERSONS PERFORMING CERTAIN TYPES OF PUBLIC LEGAL ACTIVITY

2020 ◽  
pp. 41-48
Author(s):  
Владимир Юрьевич Стельмах
Keyword(s):  
Russian Federation ◽  
Preventive Measure ◽  
Criminal Procedure ◽  
The State ◽  
Court Decision ◽  
Criminal Prosecution ◽  
Court Decisions ◽  
Legislative Regulation ◽  
The Russian Federation ◽  
The Law

В статье рассматриваются вопросы нормативного регулирования избрания меры пресечения в виде заключения под стражу в отношении лиц, выполняющих определенные виды публично-правовой деятельности и в силу этого наделенных законодательством иммунитетом от уголовного преследования; порядок рассмотрения компетентными государственными органами ходатайств органов предварительного расследования и прокуратуры о лишении лица иммунитета от уголовного преследования; анализируются положения уголовно-процессуального закона и иных нормативных актов, регламентирующих правовой статус лиц, обладающих данным иммунитетом. Особое внимание уделяется порядку избрания меры пресечения в виде заключения под стражу в отношении членов Совета Федерации, депутатов Государственной Думы и судей. Предлагаются корректировки уголовно-процессуального закона и закрепление положений об обязательности получения согласия компетентного государственного органа на избрание, а не на исполнение меры пресечения в виде заключения под стражу. The article deals with the problems of regulatory regulation of detention of persons performing certain types of public legal activities, for which immunity from criminal prosecution is established. The special features of the detention of these persons are provided for by the Criminal Procedure Act, as well as other normative acts. At present, the law establishes that a court decision on detention against members of the Federation Council, deputies of the State Duma and judges is executed with the consent of the Chamber of the Federal Assembly of the Russian Federation or the qualification board of judges. Taking into account the principle of the independence of the court and the obligation of court decisions, it is proposed to amend the law and to provide for the consent of these bodies to choose this preventive measure, rather than to implement the court decision.

KAJIAN HUKUM TERHADAP PERAN PEMERINTAH KOTA SAMARINDA DALAM PEMBERIAN BANTUAN HUKUM

2017 ◽  
Vol 9 (1) ◽  
pp. 14
Author(s):  
Abdul Mukmin Rehas
Keyword(s):  
Criminal Procedure ◽  
Criminal Code ◽  
Equal Treatment ◽  
Legal Assistance ◽  
Legal Certainty ◽  
Legal Aid ◽  
The Public ◽  
Procedure Code ◽  
The Law ◽  
The Republic

Constitution of the Republic of Indonesia Year 1945 which is the country's constitution has given recognition, guarantees, protection and legal certainty as well as equal treatment of all citizens before the law (equality before the law). In fact, the application of the principle of Equality Before The Law in Indonesia is still lacking. In the Code of Criminal Procedure (Criminal Procedure Code) only for the granting of legal aid free of charge only if the crime committed is punishable by imprisonment of 5 years or more, while if it is less than 5 years, while if the penalties are less than 5 years then the public will not get legal aid free of charge. The enactment of Law No. 16 of 2011 on the Legal Aid eliminating restrictions as stipulated in the Criminal Code, so that people can obtain legal assistance free of charge to the entire process of both the Criminal and Civil law for the sake of the implementation of the principle of Equality Before The Law.

scholarly journals Judicial Review By Public Prosecutors In Criminal Cases

2021 ◽  
Vol 04 (12) ◽  
Author(s):  
Brahmantio Dwiputra ◽  
Keyword(s):  
Judicial Review ◽  
Criminal Procedure ◽  
Legal Certainty ◽  
Criminal Cases ◽  
Judicial Process ◽  
Legal Reforms ◽  
Legal Provisions ◽  
Procedure Code ◽  
Justice Process ◽  
The Law

Law enforcement efforts should begin to consider and make victims as parties who have an interest in the judicial process. Victims of criminal acts so far have not received enough attention in an effort to fight for justice. The things that are considered and considered include legal certainty, expediency and justice. Legal certainty is closely related to the guarantee of protection to the community against arbitrary actions aimed at public order, while expediency is to create the greatest benefit or happiness to the community, while justice is truth, impartiality, can be accounted for and treats every human being at the same time. equal position before the law (equality before the law). Likewise, the judicial review institution as part of an extraordinary effort in enforcing the law should also be based on these three objectives. On the other hand, the unaccommodated or unaccommodated interests of the victims in the legal provisions encourage interpretations that lead to the defence of interests and justice for the victims, even though in the end it is considered contrary to the law. On this basis, reforms or formal legal reforms summarized in the Criminal Procedure Code, especially in the discussion on review, should be carried out immediately. Of course, these reforms must make the Criminal Procedure Code better and able to accommodate various problems that have not been accommodated so far. This new formal legal provision can later annul conflicting legal provisions between PERMA, the Constitutional Court's Decision and so on. In addition, it is hoped that the new KUHAP will also be able to end the pros and cons and confusion regarding the submission of a judicial review that has so far occurred in a criminal justice process.

scholarly journals PENAHANAN DAN PENANGGUHAN PENAHANAN DALAM TEORI DAN PRAKTEK

to-ra ◽  
2018 ◽  
Vol 4 (1) ◽  
pp. 34
Author(s):  
Thomas Abbon
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Criminal Procedure ◽  
Preliminary Evidence ◽  
The State ◽  
The Rule Of Law ◽  
The Past ◽  
Procedure Code ◽  
The Law

Abstract   The issue of upholding the rule of law is a chore that must be resolved by the current government. The state and nation have been disadvantaged from all aspects, because in the end the harassment of the law has given rise  to corruption, collusion and nepotism. One of the things that stands out about law enforcement is the issue of detention and suspension of detention and sentencing that has to do with detention. The problem of detention and the detention in practice so far has been widely distorted by unscrupulous law enforcers and this institution has become an "open business arena". Detention and suspension of detention is actually a legal effort, which aims to realize the enforcement of the law itself, because detention is only allowed as long as there is suf cient preliminary evidence, and detention is solely in order to facilitate investigation / examination and besides that detention is also intended as protecting the suspect / defendant from violence / other people (eigenrichting).   The suspension of detention should be able to be given to every suspect / defendant who provides guarantees according to the law, unless otherwise speci ed in certain cases. In addition there is another side of the Criminal Procedure Code which determines that detention is part of punishment, so it has become a habit in practice that if a suspect / defendant who was originally detained "must be sentenced" .From the facts that are decomposed in the past this has brought a a very dif cult situation to nd out who really deserves detention or suspended detention and it turns out everyone is nally able to pay "anything" to release himself from the snare of detention even though it should not be his right.   Keywords: rule of law; corruption, collusion, and nepotism; legal effort.  

scholarly journals PERLINDUNGAN SAKSI DALAM BEBERAPA TINDAK PIDANA DAN PENGADILAN HAK ASASI MANUSIA

2020 ◽  
Vol 15 (2) ◽  
pp. 264-276
Author(s):  
Suhaimi Suhaimi
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Legal Protection ◽  
Criminal Procedure ◽  
Legal Certainty ◽  
Personal Security ◽  
Procedure Code ◽  
The Creation ◽  
Witness Statements ◽  
Court Proceedings

Abstract, Article 184 of the Criminal Procedure Code puts witness statements first among other evidence. Witnesses in giving their statements, both at the level of investigation, prosecution and court proceedings, sometimes experience pressure, harassment, threats, terror and even violence perpetrated by certain parties. That is why witnesses need to obtain legal protection, namely as regulated in Law No. 13 of 2006 concerning Protection of Witnesses and Victims as amended by Law No. 31 of 2014 concerning Amendments to Law No. 13 of 2006 concerning Protection of Witnesses and Victims. Several criminal acts that regulate the issue of witness protection include the crime of narcotics, the eradication of corruption, the crime of terrorism and the human rights court. Legal protection for witnesses, namely in the form of protection for the witness's personal security from physical and mental threats, so that the confidentiality and identity of the witnesses should be maintained. Witness protection is intended to be able to protect witnesses from interference, threats, terror and violence against witnesses. This will be the basis for legal certainty, law enforcement, justice and the creation of a feeling of security for witnesses.

The Law of Contract

2018 ◽  
Author(s):  
Eva Steiner
Keyword(s):  
Common Law ◽  
World Market ◽  
Contract Law ◽  
The State ◽  
Legal Certainty ◽  
Philosophical Foundations ◽  
The Common ◽  
The Law

This chapter examines the law of contract in France and discusses the milestone reform of French contract law. While this new legislation introduces a fresh equilibrium between the contracting parties and enhances accessibility and legal certainty in contract, it does not radically change the state of the law in this area. In addition, it does not strongly impact the traditional philosophical foundations of the law of contract. The reform, in short, looks more like a tidying up operation rather than a far-reaching transformation of the law. Therefore, the chapter argues that it is questionable whether the new law, which was also intended to increase France's attractiveness against the background of a world market dominated by the Common Law, will keep its promise.

scholarly journals USE OF SPECIAL KNOWLEDGE DURING THE EXAMINATION OF THE SCENE OF A CRIME IN THE ORDER OF PART 3 ART. 214 OF THE CRIMINAL PROCEDURE CODE OF UKRAINE

2021 ◽  
Vol 74 (1) ◽  
pp. 153-160
Author(s):  
Andrіy Shulha ◽  
◽  
Tetyana Khailova ◽  
Keyword(s):  
Legal Status ◽  
Criminal Liability ◽  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Knowledge And Skills ◽  
Procedural Law ◽  
Procedure Code ◽  
Criminal Procedure Law ◽  
Special Knowledge ◽  
The Law

The article deals with the problem of specialist’s participation in the scene examination, which is carried out before entering information into the Unified Register of the pre-trial investigations. The essence of the problem is that the current criminal procedural law of Ukraine recognizes the specialist’s participation only in the pre-trial investigation, the litigation and the proceedings in the case of the commission of an unlawful act under the law of Ukraine on criminal liability. Part 1 of Article 71 of the Criminal Procedure Code of Ukraine states that a specialist in criminal proceedings is a person who has special knowledge and skills and can provide advice and conclusions during the pre-trial investigation and trial on issues that require appropriate special knowledge and skills. In other cases, the specialist has no procedural status. In addition, Part 1 of Article 237 of the CPC of Ukraine «Examination» states that the examination is conducted to identify and record information on the circumstances of the offense commitment. It is an act provided by the law of Ukraine on criminal liability. However, there are the cases in the investigation, when a report is received, for example, about a person's death, other events with formal signs of the offense, which must first be checked for signs of a crime, and only then the act can be considered as offense. In this case, a specialist takes part in the scene examination. However, the current criminal procedure law in accordance with Part 1, Article 71 of the Criminal Procedure Code of Ukraine determines the legal status of a specialist only as the participant in criminal proceedings. The paragraph 10, part 1 of Article 3 of the Criminal Procedure Code of Ukraine defines the criminal proceedings as pre-trial investigation and court proceedings or procedural actions in the case of the commission of an unlawful act. Therefore, when the inspection of the scene is based on the uncertain status of the event (there is no clear information that the event contains signs of an offense), the specialist’s participation is not regulated by law. The authors propose to consider the specialists as «experienced persons» in cases mentioned above and to include their advices to the protocol of the scene examination, as the advices of other scene examination participants.

scholarly journals RETURNS OF ASSETS IN CORRUPTION CRIMINAL ACTS AS ALTERNATIVE RESTORING STATE LOSSES

2020 ◽  
Vol 2 (1) ◽  
pp. 27-34
Author(s):  
Komang Ekayana
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Criminal Procedure ◽  
The State ◽  
Recovery Model ◽  
Formal Approach ◽  
The Rule Of Law ◽  
Asset Recovery ◽  
Criminal Procedure Law ◽  
The Law

Corrupted state assets certainly hurt the country narrowly, but also broadly where it harms the country and its people. However, the formal approach through the current criminal procedure law has not been able to recover the losses suffered by the state. In fact, state losses resulting from corruption are state assets that must be saved. Then there needs to be a new breakthrough to recover state losses through the asset recovery model. When looking at the country from the perspective of the victims, the state must obtain protection, in this case recovery from the losses suffered due to corruption. This paper examines the model of returning assets resulting from corruption in the law enforcement process that focuses on the rule of law in the 2003 UNCAC Convention and the mechanism of returning state assets in terms of Law No. 20 of 2001 concerning amendments to Law No. 31 of 1999 concerning Eradication of Corruption Crimes. 

Sign in / Sign up

Export Citation Format

Share Document