scholarly journals Operasi Tangkap Tangan (OTT) Tinjauan Berdasarkan KUHAP Dan Undang Undang Nomor 30 Tahun 2002 Tentang Komisi Pemberantasan Korupsi (KPK)

Corruptio ◽  
2020 ◽  
Vol 1 (2) ◽  
pp. 75
Author(s):  
Frisca Tyara M Fanhar
Keyword(s):  
Criminal Procedure ◽  
Legal Basis ◽  
Administration System ◽  
Procedure Code ◽  
Reliable Source ◽  
Standard Operating ◽  
Source Of Information ◽  
The Ideal ◽  
Legal Force

The ambiguity regarding the mechanism and limits of the authority of the arresting operations carried out by the corruption eradication commission raises public assumption that the authority exercised by the corruption eradication commission has violated the law and even violated human rights, namely taking arbitrary actions (unprocedure).The problem in writing this study is How can the legal force of the operation of the corruption eradication commission arrest if viewed from the aspect of the Criminal Procedure Code and Law Number 30 of 2002 Concerning the Corruption Eradication Commission? What are the criteria for an alleged crime using a arrest operation? What is the ideal way for the Corruption Eradication Commission to carry out arrest operations? This study uses a Normative and Empirical Juridical approach. Normative research is carried out on matters that are theoretical principles of law, whereas an empirical approach is carried out to study law in reality. The results of the study found that legal force of the act of arrest operations of the corruption eradication commission if viewed from the aspect of the Criminal Procedure Code and Law Number 30 of 2002 Concerning the Corruption Eradication Commission actually the act of arrest operations of the corruption eradication commission does not have a strong legal basis from the juridical aspects of criminal law. problem of violating the principle of due processof law Criteria for Alleged Crime Using a hand arrest operation due to the type or quality of the target of corruption is not a simple crime and therefore the need for a hand arrest operation, and ideally the commission of asan corruption In carrying out arrest operations, it is necessary to have a good case administration system starting from the stage of collecting data and information that is based on an accurate and reliable source of information, after that conducting an investigation in accordance with the standard operating procedures that have been determined then at the execution stage such as conduct monitoring, undercover, tapping and then the operation of arresting the authority must be in accordance with the legislation. The suggestion that can be done is that the legal basis for Operation of Catching Hands must be immediately included in the article instrument in the corruption eradication commission law so that its authority is not at issue

scholarly journals REKONSEPTUALISASI TAFSIR ASAS PRADUGA TAK BERSALAH

2018 ◽  
Vol 4 (1) ◽  
Author(s):  
A. Saiful Aziz
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Procedure ◽  
Presumption Of Innocence ◽  
Legal Basis ◽  
Preventive Effort ◽  
Procedure Code ◽  
Justice Process ◽  
Criminal Justice Process ◽  
Basic Philosophy

ABSTRAK            Asas praduga tak bersalah dianggap  hanya  untuk  dan  berlaku bagi kegiatan yang berkaitan  dengan  proses  peradilan pidana. Sehingga terjadi ketidakpedulian masyarakat terhadap asas tersebut. Asas  praduga tak bersalah  di  Indonesia  dulu terdapat  di  dalam  Pasal 8 Undang-Undang No. 14 Tahun 1970 tentang Ketentuan-Ketentuan Pokok Kekuasaan Kehakiman. Meskipun tidak secara eksplisit menyatakan hal yang sama, asas tersebut  diutarakan  di  dalam  Pasal 66 Undang-Undang No.8 Tahun 1981 tentang Kitab Undang-Undang Hukum Acara Pidana (KUHAP).Penegakkan hukum merupakan salah satu upaya untuk menciptakan tata tertib, keamanan dan ketentraman dalam masyarakat, baik itu merupakan usaha pencegahan maupun merupakan pemberantasan atau penindakan setelah terjadinya pelanggaran hukum. Untuk mencapai sasaran tersebut maka peraturan perundang-undangan menjadi dasar hukum bagi langkah dan tindakan dari penegak hukum harus sesuai dengan dasar falsafah negara dan pandangan hidup Bangsa Indonesia yaitu Pancasila dan Undang-Undang Dasar 1945 (UUD 1945). Dengan demikian, Perlunya rekonseptualisasi atas tafsir asas praduga tidak bersalah (presumption of innocence) yang selama ini dianut KUHAP.        Kata kunci: Tafsir, Asas, Praduga tidak Bersalah.                                               AbstractThe principle of innocence presumption is presumed only for and applicable to activities relating to the criminal justice process. So there is a lack of concern for the community towards the principle. The principle of innocence presumption in Indonesia was previously contained in Article 8 of Law no. 14 of 1970 on the Basic Provisions of Judicial Power. Although it does not explicitly state the same, the principle was articulated in Article 66 of Law No.8 Year 1981 on the Criminal Procedure Code (KUHAP).Law enforcement is one of the efforts to create order, security and peace in society, whether it is a preventive effort or is the eradication or repression after the violation of law. To achieve these targets, the legislation should be the legal basis for the actions and actions of law enforcers to be in accordance with the basic philosophy of the state and the Indonesian life view of Pancasila and the 1945 Constitution (1945 Constitution). Thus, the need for a reconceptualization of the interpretation of the presumption of innocence principle adopted by the Criminal Procedure Code.Keywords: Tafsir, Principle, Presumption Presumption of Innocence

scholarly journals Criminal legal basis for an expedited trial procedure provided by the chapter 40 of the Russian Criminal Procedure Code

2021 ◽  
Vol 5 (2) ◽  
pp. 192-208
Author(s):  
A. V. Boyarskaya
Keyword(s):  
Criminal Law ◽  
System Analysis ◽  
Criminal Procedure ◽  
Criminal Code ◽  
Court Ruling ◽  
Legal Basis ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Procedure Code ◽  
Court Proceedings

The subject of study is the criminal-legal basis for an expedited procedure for adopting a court ruling when the accused person agrees with the charge. These issues are relevant, since in July 2020 the substantive legal basis of the expedited procedure in Russia was changed and now this procedure can only be applied in criminal cases of small and medium gravity.The aim of this work is to study the substantive legal basis of an expedited procedure of litigation from the point of view of the changes were made to it. The author expresses the thesis that the legislators did not quite reasonably link criminal-legal grounds of the expedited procedure with the system of categories of crimes.The methodology. The author used general scientific methods (dialectical, historical, methods of formal logic, system analysis) as well as method of formal legal interpretation of Russian Criminal Code and judicial decisions of Russian courts.The main results, scope of application. The criminal and legal basis of certain criminal procedure is a package of criminal law standards, for the implementation of which a certain criminal and procedural form is intended. The parameters of the substantive basis of criminal proceedings are set with the signs that shall be indicated in the Code of Criminal Procedure and may change. It directly refers to the expedited procedure for adopting a court ruling, by Chapter 40 of the Russian Criminal Procedure Code. Initially, it was assumed that the application of this procedure is permissible in criminal cases concerning crimes the punishment for which does not exceed 5 years imprisonment in accordance with the Russian Criminal Code. The expedited court proceedings began to be applied in criminal cases concerning crimes, the punishment for which does not exceed 10 years imprisonment in accordance with the Russian Criminal Code, since 2003. The Russian Supreme Court made an attempt to reduce the application of court proceedings provided by Chapter 40 of the Russian Criminal Procedure Code in 2019. It turned out to be successful. Legislators have changed the basic criterion that determines the substantive basis for an expedited procedure for adopting a court ruling. Now the system of categories of crimes is this basis. The system of categories of crimes presented in Article 15 of the Russian Criminal Code is not stable enough and is based on a set of provisions of this Code, but the sanctions for many crimes are not scientifically and practically grounded in this Code. In addition, the classification of crimes enshrined in Article 15 of the Russian Criminal Code is based on such a criterion as the nature and degree of public danger of the crime. These categories are among the most complex in the science of criminal law.Conclusions. The use of categories of crimes as a criterion for determining the criminal legal basis of the expedited procedure for making a court decision significantly complicates the application of the expedited procedure.

scholarly journals The failure by the court to take measures to return the criminal case to the prosecutor in accordance with art. 237 of the code of criminal procedure of the Russian federation as an unconditional basis for canceling the sentence

2020 ◽  
pp. 237-244
Author(s):  
E. A. Perova
Keyword(s):  
Russian Federation ◽  
Unconditional Basis ◽  
Criminal Procedure ◽  
Criminal Case ◽  
Procedure Code ◽  
Criminal Procedure Law ◽  
The Russian Federation

Part 2 of Article 389.17 of the Criminal Procedure Code of the Russian Federation establishes a list of unconditionally significant violations of the norms of the criminal procedure law, the identification of which in a case entails the cancellation or change of the sentence in every case without exception. The range of these violations was determined by the legislator during the development of the Code of Criminal Procedure of the Russian Federation in 2001, and has not changed since then. However, the rules, violation of which can affect the quality of the sentence and lead to its cancellation in each case, have changed more than once. Including the norms governing the institution of returning the case to the prosecutor in accordance with Art. 237 of the Code of Criminal Procedure of the Russian Federation and determining the significance of this institution for the issuance of a legal, reasonable and fair sentence. In this regard, this article discusses the feasibility of expanding the list of unconditional grounds for canceling a sentence by including a violation associated with the failure of the court to take measures to return the criminal case to the prosecutor in accordance with Art. 237 of the Criminal Procedure Code of the Russian Federation, if there are grounds for that.

scholarly journals INSPECTION OF A SCENE: ORGANIZATIONAL AND TACTICAL FOUNDATIONS OF OPTIMIZATION OF ITS PRODUCTION AND FIXATION OF THE RESULTS

2017 ◽  
pp. 33-40
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
Federal Law ◽  
Procedure Code ◽  
The Russian Federation ◽  
Inspection Of The Scene ◽  
Organizational Problems

The article deals with the fundamentals of organization, tactics of production and fixing the results of one of the most important investigative actions. The authors note that the quality of the investigation of the crime as a whole and the results of the trial largely depend on the quality of the inspection of the scene. At the same time, the inspection efficiency and the objectivity of fixation depend on the scientific and technical means, methods and technologies used in its production. Attention is paid to the issues of organization of interaction both in the course of a study of the situation and objects, and when displaying information in the protocol and its annexes. It is especially important in connection with the changes in the Criminal Procedure Code of the Russian Federation introduced by the Federal Law № 23-FZ of March 4, 2013. Given that the inspection is a collective investigative action, not only the professional qualities of each employee involved, but also the coordinated work of the whole team significantly impact on the efficiency of its production and the quality of displaying the obtained data in the relevant documents. Special attention is drawn to the organizational problems of the work of investigative operational groups, which, in practice, are formed at random. One of the ways to optimize this investigative action and the fixation of the obtained information is to form investigative-operational groups, taking into account the psychological compatibility and teamwork of participants.

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 Legal Basis of Common Approaches to Object to a Criminal Judgment in Iran and England Penal Systems

2018 ◽  
Vol 11 (1) ◽  
pp. 1
Author(s):  
Ayatollah Yari ◽  
Hossein Mirmohammad Sadeghi
Keyword(s):  
Common Law ◽  
Criminal Procedure ◽  
Direct Relation ◽  
Legal Basis ◽  
Criminal Trials ◽  
Law System ◽  
Procedure Code ◽  
Legal Foundations ◽  
The Law ◽  
System Today

One of the basic discussions in criminal procedure code which has a direct relation with defendants’ rights in civil procedure process is the matter of objection to criminal judgments that have seriously changed and transformed after the Islamic Revolution. According to the criticisms received by Iran's legal procedure system, the legislator has tried to make closer their position to the world’s standards in the field of objection to criminal judgments by referring to its former rules especially the law of criminal trials’ principles in the law of criminal procedure code approved in 2013. In addition to the final nature of the sentences in common law system, today, different ways of objection are predicted in England accusatory system. The present research tries to deal with the matter that on the prediction of common ways of objection how much its legal basis is considered and how much Iran and England legislators succeed in this path, in addition to analyzing the real examples of the ordinary ways of projection (objection, research appeal, and review appeal) and legal foundations of each one of them in two penal systems of Iran and England. The results of the cases above can be the guide of Iran's legislator in approving and reforming the regulations related to the objection the votes and approximating the regulations to world’s criteria in this field.

ASSESSING THE QUALITY OF STUDENTS' RATINGS OF FACULTY MEMBERS AT MU'TAH UNIVERSITY

2005 ◽  
Vol 33 (2) ◽  
pp. 183-188 ◽  
Author(s):  
Abdalla Alsmadi
Keyword(s):  
Academic Performance ◽  
Graduate Students ◽  
Faculty Member ◽  
Faculty Members ◽  
Interrater Agreement ◽  
Reliable Source ◽  
Mu'tah University ◽  
Source Of Information

Students are not used as raters to evaluate or judge faculty members' academic performance in some universities because of the lack of trust. This study examined the extent to which students can give consistent and reliable ratings. Nineteen graduate students were asked to give ratings to the academic performance of a faculty member on two occasions with two weeks in between. Results showed evidence of interrater agreement and rater consistency. With appropriate training, students can be a reliable source of information about faculty members' academic performance.

scholarly journals Keabsahan Putusan Pengadilan yang Belum Inkracht sebagai Novum dalam Pengajuan Peninjauan Kembali

2019 ◽  
Vol 6 (2) ◽  
pp. 138
Author(s):  
Hardy Salim ◽  
Yoefanca Halim ◽  
Adriel Michael Tirayo
Keyword(s):  
Judicial Review ◽  
Research Method ◽  
Criminal Procedure ◽  
Court Decisions ◽  
Legal Certainty ◽  
Procedure Code ◽  
Legal Force

<p>A judicial institution has criteria that must be met, namely principles that are open, corrective, and recordive. The broadest opportunity to submit corrections and recordings of decisions that have permanent legal force (inkracht) deemed unfair by justice seekers can be done through a Judicial Review. However, the Judicial Review is very limitative, one of them with the requirement for novum. But the regulation of conditions can be said to be a condition as a novum not strictly regulated. By looking at this matter, the research is carried out with the aim of finding out the validity of court decisions which have not been inkracht as novum in the submission for reconsideration. This study is using a normative research method. In conclusion, court decisions that have not been inkracht as novum in submitting judicial review are valid because they need to prioritize the value of justice and truth before legal certainty. As long as the prerequisites in Article 263 paragraph (1) of the Criminal Procedure Code have been fulfilled, and one of the requirements in paragraph (2) has been fulfilled.</p>

THE WEB: FRIEND OR FOE OF THE HAND SURGEON?

Hand Surgery ◽  
2003 ◽  
Vol 08 (02) ◽  
pp. 181-185 ◽  
Author(s):  
J. A. Sproule ◽  
C. Tansey ◽  
B. Burns ◽  
G. Fenelon
Keyword(s):  
World Wide ◽  
Hand Surgery ◽  
Accurate Information ◽  
Quality Of Information ◽  
Hand Surgeon ◽  
Reliable Source ◽  
The World ◽  
Source Of Information ◽  
The Web

Healthcare information contained on the World Wide Web is not screened or regulated and claims may be unsubstantiated and misleading. The objective of this study was to evaluate the nature and quality of information on the Web in relation to hand surgery. Three search engines were assessed for information on three hand operations: carpal tunnel decompression, Dupuytren's release and trigger finger release. Websites were classified and evaluated for completeness, accuracy, accountability and reference to a reliable source of information. A total of 172 websites were examined. Although 85% contained accurate information, in 65% this information was incomplete. Eighty-seven per cent of websites were accountable for the information presented, but only 24% made references to reliable sources. Until an organised approach to website control is established, it is important for hand surgeons to emphasise to their patients that not everything they read is complete or accurate. Publicising sites known to be of high quality will promote safe browsing of the Web.

scholarly journals Reasonable time for obtaining an expert opinion: problems of legislative definition and practice of article 144 application Criminal procedure code of the Russian Federation

2020 ◽  
pp. 145-150
Author(s):  
Nikolay Podol’nyy
Keyword(s):  
Expert Opinion ◽  
Russian Federation ◽  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Reasonable Time ◽  
Expert Opinions ◽  
Procedure Code ◽  
The Russian Federation ◽  
The Many

One of the many guarantees of fairness in criminal proceedings is the quality of consideration of a report of a crime at the stage of initiation of a criminal case. This quality is largely due to the quality of expert opinions. But the practice of applying the rule of article 144 of the Criminal procedure code of the Russian Federation faces difficulties in conducting expert research in the time allotted for considering reports of a crime. There is a question about the reasonableness of the timing of the expert opinion. This and related problems are discussed in the article provided.

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