scholarly journals ANALISIS YURIDIS PERTIMBANGAN HAKIM DALAM KASUS JUAL-BELI YANG DIKENAKAN PASAL 480 KUP (STUDI KASUS: PUTUSAN NOMOR 1291/PID.B/2018/PN.JKT.PST)

2019 ◽  
Vol 2 (2) ◽  
pp. 599
Author(s):  
Hendy Hendy ◽  
Firman Wijaya
Keyword(s):  
Criminal Code ◽  
Interview Data ◽  
Financial Resources ◽  
Criminal Offense ◽  
Business Partners ◽  
The Family ◽  
Actus Reus ◽  
Subjective Element ◽  
Mental Element

Dewi Sri Astuti, initially she was only trying to increase financial resources in the family, but she tripped over a case experienced by her business partners, namely Suherman and Susanti. Dewi Sri Astuti was charged guilty because she had purchased items resulting from the theft of a crime committed by her business partners in the place where they worked. Even though Dewi Sri Astuti did not know that the goods she had received from her business partners were the result of a criminal act of theft. In this case to be able to convict someone must be fulfilled two things, namely as actus reus (physical element) and.mens.rea (mental element). However, Dewi Sri Astuti was still found guilty even though it did not fulfill the subjective element of the crime. How is the juridical analysis of buying and selling actions that are subject to article 480 of the Criminal Code (case study: verdict number 1291 / Pid.B / 2018 / PN.JKT.PST)? The author used normative legal methods and used interview data as supporting data. The.results of the study revealed that Dewi Sri Astuti did not fulfill all the elements in Article.480 of the Criminal.Code, where in the element of criminal offense there are 2 (two) elements. First.element is an objective element and.the second element.is a subjective element.

scholarly journals Efficiency of Judiciary and Penalty Policy of Courts in Serbia for Criminal Work Violence in Family // Efikasnost pravosuđa i kaznena politika sudova u Srbiji za krivično delo nasilje u porodici

2019 ◽  
Vol 9 (9) ◽  
pp. 69
Author(s):  
Dragan Jovašević
Keyword(s):  
Domestic Violence ◽  
Rule Of Law ◽  
Criminal Policy ◽  
Criminal Code ◽  
International Standards ◽  
Criminal Prosecution ◽  
Criminal Offense ◽  
The Rule Of Law ◽  
Judicial Practice ◽  
The Family

Under the influence of international standards, in the first place of the Istanbul Convention, in Serbia at the beginning of this century, there were several statutory texts such as the Criminal Law (2002), the Family Law (2005), the Criminal Code (2005) and the Law on the Prevention of Violence in the family (2016) determined the concept, elements, characteristics and forms of manifestation of the criminal act of domestic violence, as well as a system of preventive and punitive measures in order to prevent and suppress it. However, there is a greater or lesser disparity between legislative solutions and judicial practice, which also affects the efficiency of the functioning of the judiciary, and therefore the rule of law in general. To a large extent they contribute to the results of the policy of criminal prosecution, ie the criminal policy of the courts for the criminal offense of domestic violence in the last decade in Serbia whose results are presented in this paper.

scholarly journals Qualification of child sexting, sextorsion and online grooming

2021 ◽  
Vol 2 (16) ◽  
pp. 209-222
Author(s):  
Iryna Anatoliivna Kopyova
Keyword(s):  
Child Pornography ◽  
Real Life ◽  
Criminal Code ◽  
Criminal Offense ◽  
Adult Participant ◽  
Future Meeting ◽  
Actus Reus ◽  
Sexually Explicit ◽  
The Subject ◽  
A Minor

          Some characteristics of actus reus of Art. 3011 and of Art. 1561 of  the Criminal Code of Ukraine are analyzed. The characteristics of sexting and sextorsion, the subject matter of which is child pornography, and online grooming are revealed. If the participant in the child sexting is an adult who received from the child through a means of communication its image in a sexually explicit manner, his actions must be assessed as the production of child pornography (part 3 of Art. 3011 of  the Criminal Code) and its storage (part 1 or 2 of Art. 3011 of  the Criminal Code depending on the absence or presence of the purpose of selling or distribution). In this case, the adult participant in the sexting uses a child who photographs or shoots himself in a sexually explicit manner as a «tool» for the production of child pornography. If the participant in the child sexting is a minor (who has reached the age of 16), the responsibility for such acts arises only if he has the purpose of selling or distribution child pornography. If an adult participant in sexting has the purpose to obtain an image of a child in a sexually explicit manner and then threatens to sell or distribute it in order to obtain new such images, then there is a sextorsion that should be qualified as the production of child pornography (part 3 of Art. 3011 of  the Criminal Code), the storage of child pornography with the purpose of selling or distribution (part 2 of Art. 3011 of  the Criminal Code) and forcing a minor under-18s or under-14s to participate in the creation of child pornography (part 3 or 4 of Art. 3011 of  the Criminal Code). If the purpose of the sextorsion is to meet with the child online or in real life to commit any sexual or lewd acts with him or to involve the child in the production of child pornography, such sextorsion should be qualified as the production of child pornography (part 3 of Art. 3011 of  the Criminal Code), the storage of child pornography with the purpose of selling or distribution (part 2 of Art. 3011 of  the Criminal Code) and depending on the stage of the sextorsion: or as preparation for harassment of a child for sexual purposes, or as an attempt to commit a criminal offense, or as a completed harassment (Art. 1561 of the Criminal Code). Building a trusting relationship by adult with a child on the Internet for a future meeting with the purpose to committing any sexual or lewd acts against him or involving him in the production of child pornography constitutes online grooming and should qualify as preparation for harassment of a child for sexual purposes.          Key words: child pornography, sexting, sextorsion, online grooming.

PENALTIES FOR MINORS: COMPARATIVE LEGAL RESEARCH

2018 ◽  
Author(s):  
Oleksandra Skok ◽  
Keyword(s):  
Community Service ◽  
Criminal Code ◽  
Criminal Offense ◽  
Distinctive Features ◽  
Criminal Offenses ◽  
The Family ◽  
The Republic ◽  
The Right ◽  
Quantitative Indicators ◽  
Family Code

The article defines the age characteristics of minors in accordance with the Family Code of Ukraine, the Criminal Code of the Republic of Kazakhstan, the Criminal Code of the Republic of Tajikistan and the Criminal Code of the Republic of Azerbaijan. The quantitative indicators of minors who, in 2020-2021, were notified of suspicion of committing criminal offenses, minor crimes, grave crimes and especially grave crimes, are given. The types of punishments provided by the criminal codes of Ukraine, Kazakhstan, Tajikistan and Azerbaijan, which can be imposed by the court on persons who have committed a criminal offense, at the age of fourteen to eighteen, have been determined. Taking into account the provisions of the Criminal Code of Ukraine, an analysis of punishments in the form of a fine, community service, correctional labor, arrest and imprisonment was carried out. The article analyzes the provisions of the Criminal Code of the Republic of Kazakhstan on punishments in the form of deprivation of the right to engage in certain activities, a fine, involvement in community service, correctional labor, restriction of freedom and imprisonment. The analysis of the content of the Criminal Code of the Republic of Tajikistan in terms of the features of punishments in the form of deprivation of the right to engage in certain activities, a fine, compulsory labor, correctional labor and imprisonment has been carried out. The analysis of punishments provided by the Criminal Code of the Republic of Azerbaijan in the form of a fine, community service, correctional labor, restriction of freedom and imprisonment has been carried out. The general and distinctive features characteristic of the list of punishments that can be assigned to minors have been established. The practice of the courts of Ukraine has been studied in relation to penalties in the form of a fine, correctional labor, community service and imprisonment. The works of domestic scientists are analyzed, on the basis of which, a circle of persons who have conducted research on individual issues on the responsibility of minors is determined.

The Interpretation of Genocidal Intent under the Genocide Convention and the Jurisprudence of International Courts

2014 ◽  
Vol 78 (5) ◽  
pp. 423-441 ◽  
Author(s):  
Devrim Aydin
Keyword(s):  
Criminal Law ◽  
International Criminal Law ◽  
Genocide Convention ◽  
International Courts ◽  
Actus Reus ◽  
Material Element ◽  
Subjective Element ◽  
Mental Element ◽  
Genocidal Intent ◽  
Definition Of

Many scholars studying substantive criminal law examine the crime in an analytical way to determine the elements of crime, determining these elements as the material or objective element ( actus reus) and the mental or subjective element ( mens rea). In accordance with this, a crime consists of a physical act or omission (material element) and the psychological bond that links the act to the perpetrator (mental element). The elements of the crime of genocide are derived from the definition of Article 2 of the 1948 United Nations Convention on the Prevention and Punishment of the Crime of Genocide. According to this, the crime of genocide is committing any of the acts enumerated in the Convention with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such. The mental element of genocide was not mentioned either during the Nuremberg trials or in the Convention. The discussion on the mental element of the crime of genocide or ‘genocidal intent’ took place within international criminal law for the first time during the trials at international courts for the Former Yugoslavia and Rwanda in order to prove the perpetrators' genocidal intent. This article discusses the definition of genocide, the mental element of the crime in substantive criminal law, the mental element of the crime of genocide and the jurisprudence of the international tribunals related to the issue.

scholarly journals Legal Protection for Child Kidnapping Victims: Case Study in Gianyar District Court

2020 ◽  
Vol 42 (3) ◽  
pp. 333
Author(s):  
Komang Suartana ◽  
I Made Wirya Darma
Keyword(s):  
Child Protection ◽  
Legal Protection ◽  
Criminal Code ◽  
District Court ◽  
Legal Research ◽  
Specific Context ◽  
Criminal Offense ◽  
The Republic ◽  
Special Protection

This article aims to analyze how the crime of child kidnapping is covered in the Indonesian Criminal Code and the type of sanctions that can be imposed on the perpetrator of the crime of child kidnapping. It is a legal research that uses statutory, conceptual, and case approaches in discussing the legal protection of child kidnapping victims. In order to illustrate how the law that protects the victim of child kidnapping is applied by the court, it presents a case study at the Gianyar District Court that investigated a criminal offense of child kidnapping in 2018. The results reveal that the Indonesian Criminal Code classifies child kidnapping as a crime that is punishable as stipulated in Article 330 of the Code. In a more specific context, Law of the Republic of Indonesia Number 35 of 2014 concerning Amendments to Law Number 22 of 2003 concerning Child Protection includes child kidnapping as a case that needs to be given special protection  A case study regarding the imposing of sanctions on the perpetrator of child kidnapping can be seen in a criminal case before the District Court of Gianyar in 2018. In the judgment, the panel of judges imposing a sentence against the defendant in the form of imprisonment of 8 (eight) years in prison and a fine of Rp. 60,000,000 (sixty million rupiah) subsidiary 6 (six) months in prison;

scholarly journals ‘Ikke snakke norsk?’ – Transnational adolescents and negotiations of family language policy explored through family interview

Multilingua ◽  
2019 ◽  
Vol 38 (6) ◽  
pp. 653-674 ◽  
Author(s):  
Maria Antonina Obojska
Keyword(s):  
Language Policy ◽  
Interview Data ◽  
Language Policies ◽  
Crucial Importance ◽  
Family Language Policy ◽  
The Family ◽  
Family Interview ◽  
Family Language ◽  
Scholarly Attention

Abstract Multilingual families and their language policies have attracted considerable attention in recent sociolinguistic work. Adding to this line of research, this article focuses on a case study of a transnational Polish family living in Norway and investigates the role adolescent children may play in the formation of family language policies. To this end the article analyses stances towards language practices at home taken in an interaction between the father and one of the adolescent daughters of the family. The article argues that the perspectives of adolescent children may be of crucial importance for the establishment of family language policies and thus deserve scholarly attention. Methodologically, the article draws attention to family interviews as a useful tool in generating sociolinguistic data for studies of Family Language Policies and advocates an interactional approach to interview data.

scholarly journals JUDICIAL REVIEW OF CRIMINAL DEFAMATION ACCORDING TO THE LAW OF ELECTRONIC INFORMATION AND TRANSACTION: A CASE STUDY OF FLOURENCE SAULINA SIHOMBING

2017 ◽  
Vol 6 (3) ◽  
pp. 637
Author(s):  
Rosiana Puspitasari
Keyword(s):  
Social Media ◽  
Judicial Review ◽  
Secondary Data ◽  
Criminal Code ◽  
District Court ◽  
Electronic Information ◽  
Secondary Data Source ◽  
Subjective Element ◽  
Data Source

<p>This study analyses defamation via social media towards Flaurence Saulina Sihombing case. The study raises the elements of contempt in Law Number 11 of 2008 which was converted into Law Number 19 of 2016 con Electronic Information and Transactions (EIT) and compare it with the humiliation under the Criminal Code. The purpose of this study was to determine whether the prosecution on Florence Saulina Sihombing meet the elements of contempt in accordance with the prohibited stipulation under Article 27 paragraph (3) Electronic Information and Transactions Law. This research using normative juridical approach. The source of the data is secondary data source that the data obtained from the literature by studying three legal materials, namely: primary legal materials, secondary legal materials, tertiary legal materials that will be classified and systematized. The conclusion shows that the case Flaurence Saulina Sihombing meet a subjective element in the form of intentionally actions. This actions undertaken by Florence met the element strike action. The object in the form of honour based on Article 27 Law Number 11 of 2008 which was converted into Law Number 19 of 2016 on Electronic Information and Transactions (EIT). The writer tends to confirmly agree with the Yogyakarta District Court via Decision Number 382/Pid.B/2014/PN Yyk of 2015.</p>

scholarly journals CULPABILITY AS AN ESSENTIAL ELEMENT OF INDICTMENT AND THE OPERATIVE PART OF THE JUDGMENT

2020 ◽  
pp. 105
Author(s):  
Đorđe Đelić
Keyword(s):  
Juvenile Offender ◽  
Legal Reasoning ◽  
Essential Element ◽  
Criminal Code ◽  
Specific Reference ◽  
General Notion ◽  
Theoretical Understanding ◽  
Criminal Offense ◽  
Criminal Sanctions ◽  
Subjective Element

The author deals with culpability as a subjective element of the general notion of a criminal offense, which must be an integral part of every indictment and the operative part (disposition) of the judgment of conviction. First, the article presents the theoretical understanding of the notion of a criminal offense as accepted by the Serbian legislator and the notion of culpability in Serbian criminal law theory and current legislation. Then, the author focuses on the content of indictments filed against the accused person, including the prosecutor’s recommendation for imposing criminal sanctions against a juvenile offender, and the content of the judgment on conviction, with specific reference to culpability as an essential element of every indictment and the judgment on conviction. The author further analyzes the issue of the subjective and objective identity of the indictment and judgment in theory and legislation, with focus of culpability and existence or non-existence of a violation of the identity of indictment and judgment in case of entering culpability into the disposition of the judgment on conviction. Finally, the author provides examples from the practice of higher-instance courts in Serbia and a critical standpoint on the legal reasoning in the decisions where the court found a violation of the Criminal Code, given that the scope of an indictment has been exceeded in terms of culpability.

scholarly journals Determination Of The Suspect Of Decency Crime In Police Resort Kudus (Case Study in the PPA Police Kudus)

2018 ◽  
Vol 1 (4) ◽  
pp. 935
Author(s):  
Bonar Setyantono
Keyword(s):  
Child Protection ◽  
Criminal Code ◽  
Criminal Offense ◽  
Case File ◽  
Police Station ◽  
Second Amendment ◽  
Personal Approach ◽  
Women And Children

Act No. 17 of 2016 concerning Second Amendment Act No. 23 of 2002 on the Protection of Children into the law on protection of children. The Criminal Code decency criminal acts against children stipulated in the Criminal Code in Chapter XIV of Article 287, Article 289, Article 290, Article 292, Article 293, Article 294, Article 295 and Article 296 of the Criminal Code. �Sanction criminal acts of decency against Children in the Child Protection Act provided for in Article 81, 81A and 82, it is as chapter to ensnare AD bin SPT has committed the crime of DSH.Determination Mechanism Crime Suspect Actor of Decency, a complaint go to the police station, Disposition down unit further women's and children Women and Children Services Unit conducted an investigation. Investigations completed his case to determine whether the elements of a criminal offense are met, if the elements are met and the initial evidence, then the police can determine the suspect's Women and Children Unit subsequently conducted investigation against the suspect to complete the examination of the case file. Barriers or obstacles, namely victims and their families did not immediately report to the police, in providing materially incomplete, the loss of evidence and the suspect fled. Solutions to overcome obstacles or barriers that Police (Policewoman) conduct a personal approach to the victim with the intention of victims give full details, the investigators provide a special place to do the investigation, victims and their families can request legal considerations with the investigator, with the purpose of the case is not protracted and can be immediately handled.Take quick decisions to prevent criminals escaping decency.Keywords: Determination of the Suspect; Decency Criminal Acts and Children.

scholarly journals KEBIJAKAN HUKUM PIDANA MEMPERTAHANKAN JENIS PIDANA MATI (STUDI KASUS PEMBUNUHAN BERENCANA DISERTAI MUTILASI KORBAN)

2015 ◽  
Vol 4 (3) ◽  
Author(s):  
A.A. Sagung Mas Yudiantari Darmadi
Keyword(s):  
Death Penalty ◽  
Criminal Law ◽  
Criminal Code ◽  
Life Imprisonment ◽  
Criminal Offense ◽  
Legal Entity

The research was policy of criminal law maintains kind of death penalty (the case study ofplan murder while mutilates the victim), aims to describe and analyze the existence of thedeath penalty to the crime of plan murder. In addition, this study also aims to determinepolicies of criminal law related to death penalty for the crime of plan murder accompanied bymutilation as an aggravating. The method used in this research was conducted normativelyby reviewing the primary and secondary which was collected based on collecting methodof normative law and for the technique of collecting its legal entity were used documentertechnique i.e the technique to analyze and collect on various documents that already existsby applying some kind of approach, namely, the approach of legislation, and analyticalapproaches. The analysis of research was presented in form of descriptive-analytical,systematic, constructive and argumentative.The death penalty against the crime of murder is still maintained and in force today inIndonesia, as contained in the provisions of Article 340 of the Criminal Code. Capitalpunishment are recognized in the criminal offense of premeditated murder, but the deathpenalty was alternatifed with other criminal types namely life imprisonment and a maximumof 20 years. Death penalty imposed in the case of things that are burdensome. By it didnot published things that incriminate a crime in the Criminal Code, the judge only includethings that are burdensome and ease generally. This certainly can not be released that theprovisions of Article 197 paragraph (1) Criminal Code incriminating things was imperatively.Regarding the criminal law policy relating to the death penalty for the crime of murder waslisted in Article 581 of the Criminal Code. In this case, the RUU KUHP did not include theCriminal Code specifically mutilation as a criminal aggravating reasons, however whenseen from the provisions of Article 55 paragraph (1), the mutilation may be a motive andpurpose of committing a crime (letter b); how committed the crime (letter e); as well as theattitudes and actions of after committing a crime (letter f).

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