scholarly journals Legal Comparison against the Death Penalty Sanctions regulated in the Positive Laws of Indonesia and China

Corruptio ◽  
2021 ◽  
Vol 2 (2) ◽  
pp. 113-126
Author(s):  
Kesuma Irdini
Keyword(s):  
Death Penalty ◽  
Capital Punishment ◽  
Secondary Data ◽  
Criminal Code ◽  
Primary Data ◽  
Strong Law ◽  
Severe Problem ◽  
Positive Law ◽  
Significant Difference

Corruption is a severe problem worldwide, so it takes a strict rule of law and strong law enforcement efforts to eradicate it. China's legal system has proven to be effective in reducing corruption among state officials. One of China's anti-corruption efforts is to impose harsh penalties on perpetrators, including the death penalty. In light of this success, this study will conduct a legal comparison with the death penalty, which is regulated in Indonesian and Chinese positive law. The type of research used is normative juridical with a conceptual and statute approach. The data processed in this study include primary data and secondary data with data collection techniques and management using a literature review. The findings of this study highlight the threat of the Death Penalty, as outlined in Article 2 Paragraph (2) of the Corruption Crime Act, which focuses on corrupt acts committed under certain conditions. In Indonesia, no one has ever been sentenced to death for corruption. The People's Republic of China's Criminal Law of the death penalty threat has existed since 1900 AD. Article 383 of the Chinese Criminal Code stipulates that anyone who accepts bribes is subject to the death penalty. A significant difference from this Comparison lies in the classification of capital punishment with a corruption amount of more than 50,000 Yuan and for bribery cases in Chinese regulations. Meanwhile, there is no such regulation in Article 2 paragraph (2) of the Indonesian Corruption Laws.

ANALISIS HUKUM PIDANA DENDA PELANGGARAN LALU LINTAS DI KOTA BENGKULU (DITINJAU DARI UNDANG-UNDANG NOMOR 22 TAHUN 2009 TENTANG LALU LINTAS DAN ANGKUTAN JALAN)

2019 ◽  
Vol 2 (1) ◽  
pp. 24-33
Author(s):  
Apen Diansyah
Keyword(s):  
Death Penalty ◽  
Criminal Law ◽  
Secondary Data ◽  
Criminal Code ◽  
Primary Data ◽  
Economic Factors ◽  
Inhibiting Factors ◽  
Library Research ◽  
The Law ◽  
The City

ABSTRAKPenelitian ini ditujukan untuk mengetahui penerapan denda terhadap pelanggar berlalu lintas di kota Bengkulu ditinjau dari Undang-undang Nomor 22 Tahun 2009, serta untuk mengetahui faktor penghambat dalam penerapan pidana denda terhadap pelanggar barlalu lintas di Kota Bengkulu. Penelitian dilaksanakan disatuan lalu lintas Polres dan Polda Kota Bengkulu. Adapun data yang didapatkan adalah data primer dan data sekunder melalui penelitian lapangan dan penelitian kepustakaan, kemudian data dianalisis dengan cara deskriptif. Peraturan yang tertera pada undang-undang yang tertera sepenuhnya untuk meningkatkan kesadaran untuk setiap pelanggar yang melakukan pelanggaran, tetapi pada kota Bengkulu undang-undang tersebut tidak sepenuhnya berjalan efektif. Menurut pandangan Undang-undang 22 Tahun 2009, penerapan pidana denda masuk dalam kategori pidana pokok (sesuai Pasal 10 KUHP) sebagai urutan terakhir atau keempat, sesudah pidana mati, pidana penjara dan pidana kurungan. Selain dari itu, faktor penghambat keefektifan Undang-undang seperti faktor ekonomi, faktor kedekatan emosional dan faktor kekebalan institusional.Kata kunci: tindak pidana; hukum pidana; dendaABSTRACTThis study aims to determine the application of violators from cities in Bengkulu in terms of Law Number 22 of 2009, and to find out the inhibiting factors in the application of fines to traffic violators in the city of Bengkulu. The research was carried out in the traffic city of the City Police of the City of Bengkulu. The data obtained are primary data and secondary data used for library research and research, then the data are analyzed descriptively. The regulations stated in the law that are fully stated to increase awareness for every offender who commits an offense, but in the city of Bengkulu the law is not fully effective. According to the view of Law 22 of 2009, the application of criminal fines falls into the main criminal category (according to Article 10 of the Criminal Code) as the last or fourth order, after the death penalty, imprisonment and imprisonment. Apart from that, factors inhibiting the effectiveness of the law such as economic factors, emotional proximity factors and institutional immune factors.Keywords: crime; criminal law; fines

scholarly journals Studi Komparatif Tindak Pidana Aborsi dalam Perspektif Hukum Article Positif dan Hukum Pidana Islam (Imam Madzhab)

2021 ◽  
Vol 1 (2) ◽  
pp. 204-213
Author(s):  
Moh. Faqih
Keyword(s):  
Criminal Law ◽  
Islamic Law ◽  
Secondary Data ◽  
Criminal Code ◽  
Research Approach ◽  
Legal Research ◽  
Medical Reason ◽  
Positive Law ◽  
Approach Method

The rise of promiscuity and free sex is the reason for a large number of abortion perpetrators in Indonesia. In the enactment of the law stipulated in the Criminal Code (KUHP) regarding abortion, it is very clear that abortion is prohibited as well as from the perspective of Islamic law it is forbidden to abort the fetus unless there is a medical reason that an abortion must be performed. However, in the opinion of Madzhab, there is still a classification of permissibility before the blowing of the spirit and the scholars agree that it is haram to abort the fetus after blowing the spirit. The research approach used in this study is the Normative Juridical Research Method, namely the approach method used in this study is the normative juridical approach or doctrinal legal research, which is legal research that uses secondary data sources. The results of the research conducted by the author are to provide insight to readers so that they better understand the meaning of abortion and also the punishment of the perpetrators of the crime of abortion both in terms of positive law and Islamic criminal law. In finding the comparison of the punishment between positive law and Islamic criminal law lies in the age limit of the fetus that is in the content of the sanction based on Islamic criminal law, the punishment is to pay ghurrah or diyat Kamilah Dari before the blowing of the spirit or after the blowing of the spirit.

scholarly journals PERLINDUNGAN HUKUM BAGI NASABAH PERBANKAN TERHADAP KEJAHATAN KARTU KREDIT

2019 ◽  
Vol 17 (1) ◽  
Author(s):  
Sri Wulandari
Keyword(s):  
Credit Card ◽  
Credit Cards ◽  
Legal Protection ◽  
Secondary Data ◽  
Criminal Code ◽  
Primary Data ◽  
Penal Policy ◽  
Legal Development ◽  
Positive Law ◽  
Financial Transactions

<div class="page" title="Page 1"><div class="layoutArea"><div class="column"><p><span>Banking in facing the pace of technology in financial transactions in the use of credit cards as a means of payment runs safely. Protection of bank customers against misuse of credit cards so that customers are in a disadvantaged position. This study uses secondary data / literature as primary data supported by primary data, descriptive qualitative data presentation. Credit card crime has not been formulated normatively in Indonesia's positive law. The National Legal Development Agency (BPHN) tries to identify forms of cyberspace (credit card) activities with the Criminal Code, Banking Law, ITE Law and Consumer Protection Law. The policy regarding the regulation of credit card crimes is unclear, Article 263 and Article 378 of the Criminal Code are not relevant to be used to deal with criminal acts of credit card misuse, because there are some weaknesses that credit cards cannot be interpreted as letters. Therefore, legal protection for credit card customers can be surprised if there is participation from various parties regarding their rights and obligations, while the bank must be more open with credit card customers. Efforts to tackle credit card crime are carried out by means of a penal and non-penal policy that is to ensnare carders (credit card criminals) with the Criminal Code Articles by maximizing criminal threats and preventive measures by improving the credit card operational standard system as a form of security . </span></p></div></div></div>

scholarly journals Disparity Of Death Penalthy Decision Against People Criminal Acts Of Dark Circular Narcotics

2020 ◽  
Vol 2 (1) ◽  
pp. 9-19
Author(s):  
Yogi Prasetya Sinambela
Keyword(s):  
Death Penalty ◽  
Capital Punishment ◽  
Drug Trafficking ◽  
Illicit Drug ◽  
Secondary Data ◽  
Primary Data ◽  
Death Sentence ◽  
Constitutional Court ◽  
Special Rules ◽  
Illicit Drug Trafficking

According to Law NUMBER 35 of 2009 concerning Narcotics. Regulate the death penalty for drug traffickers listed in article 114 paragraph (12), article 119 paragraph (2) and article 121 paragraph (2) which can impose the death penalty that has evidence exceeding 5 (five grams) and narcotics groups 1 and 2. The purpose of the study is to find out how the regulation of capital punishment against perpetrators of criminal acts of illicit drug trafficking and how capital punishment disparities against perpetrators of illicit trafficking in narcotics as well as criminal law policies to overcome the disparity in the death penalty for perpetrators of illegal drug trafficking through approach according to Law Number 35 of 2009 concerning Narcotics. The research conducted juridical legal research with a normative approach taken from primary data by conducting library studies and secondary data by processing data from primary legal materials, secondary legal materials and tertiary legal materials. Based on the results of the study, it was understood that the regulation of the death penalty against perpetrators of criminal acts of illicit drug trafficking could be carried out by the death penalty reinforced by the Decision of the Constitutional Court (MK) Number 203 / PUU-V / 2007 dated October 30th, 2007, be carried out carefully and pay attention to the rights of death row inmates who are in the stage after the verdict will wait for the period of clemency, and then will wait for the execution of the death sentence. The disparity in narcotics penalty decisions is caused by several factors, namely the difference in the philosophy of punishment, the factor of the absence of criminal guidance, the factor of the independent judicial authority, the factor of authority of the judge’s decision. In this case there will be discrimination between dealers who are given a decision by the judge, in the case of a sentence that is not in accordance with its portion., regarding it should be associated with evidence found. Therefore, special rules are needed regarding the death penalty associated with narcotics evidence, for example having 5 kg of narcotics can be sentenced to death, without having gaps like what happened in article 114 paragraph (2)

KEBIJAKAN MODERASI PIDANA MATI

2017 ◽  
Vol 10 (2) ◽  
pp. 193
Author(s):  
Mei Susanto ◽  
Ajie Ramdan
Keyword(s):  
Human Rights ◽  
Death Penalty ◽  
Capital Punishment ◽  
Criminal Code ◽  
Right To Life ◽  
Life Imprisonment ◽  
Research Results ◽  
Moderation Model ◽  
The Right

ABSTRAKPutusan Nomor 2-3/PUU-V/2007 selain menjadi dasar konstitusionalitas pidana mati, juga memberikan jalan tengah (moderasi) terhadap perdebatan antara kelompok yang ingin mempertahankan (retensionis) dan yang ingin menghapus (abolisionis) pidana mati. Permasalahan dalam penelitian ini adalah bagaimana kebijakan moderasi pidana mati dalam putusan a quo dikaitkan dengan teori pemidanaan dan hak asasi manusia dan bagaimana kebijakan moderasi pidana mati dalam RKUHP tahun 2015 dikaitkan dengan putusan a quo. Penelitian ini merupakan penelitian doktrinal, dengan menggunakan bahan hukum primer dan sekunder, berupa peraturan perundang-undangan, literatur, dan hasil-hasil penelitian yang relevan dengan objek penelitian. Penelitian menyimpulkan, pertama, putusan a quo yang memuat kebijakan moderasi pidana mati telah sesuai dengan teori pemidanaan khususnya teori integratif dan teori hak asasi manusia di Indonesia di mana hak hidup tetap dibatasi oleh kewajiban asasi yang diatur dengan undang-undang. Kedua, model kebijakan moderasi pidana mati dalam RKUHP tahun 2015 beberapa di antaranya telah mengakomodasi amanat putusan a quo, seperti penentuan pidana mati di luar pidana pokok, penundaan pidana mati, kemungkinan pengubahan pidana mati menjadi pidana seumur hidup atau penjara paling lama 20 tahun. Selain itu masih menimbulkan persoalan berkaitan dengan lembaga yang memberikan pengubahan pidana mati, persoalan grasi, lamanya penundaan pelaksanaan pidana mati, dan jenis pidana apa saja yang dapat diancamkan pidana mati.Kata kunci: kebijakan, KUHP, moderasi, pidana mati. ABSTRACTConstitutional Court’s Decision Number 2-3/PUU-V/2007, in addition to being the basis of the constitutionality of capital punishment, also provides a moderate way of arguing between retentionist groups and those wishing to abolish the death penalty (abolitionist). The problem in this research is how the moderation policy of capital punishment in aquo decision is associated with the theory of punishment and human rights and how the moderation policy of capital punishment in the draft Criminal Code of 2015 (RKUHP) is related with the a quo decision. This study is doctrinal, using primary and secondary legal materials, in the form of legislation, literature and research results that are relevant to the object of analysis. This study concludes, firstly, the aquo decision containing the moderation policy of capital punishment has been in accordance with the theory of punishment, specificallyy the integrative theory and the theory of human rights in Indonesia, in which the right to life remains limited by the fundamental obligations set forth in the law. Secondly, some of the modes of moderation model of capital punishment in RKUHP of 2015 have accommodated the mandate of aquo decision, such as the determination of capital punishment outside the main punishment, postponement of capital punishment, the possibility of converting capital punishment to life imprisonment or imprisonment of 20 years. In addition, it still raises issues regarding the institutions that provide for conversion of capital punishment, pardon matters, length of delay in the execution of capital punishment, and any types of crime punishable by capital punishment. Keywords: policy, criminal code, moderation, capital punishment.

EKSISTENSI PENERAPAN HUKUMAN MATI DI INDONESIA

2016 ◽  
Vol 1 (1) ◽  
Author(s):  
R Ahmad Muhammad Mustain Nasuha
Keyword(s):  
Death Penalty ◽  
Capital Punishment ◽  
Islamic Law ◽  
Criminal Code ◽  
The State ◽  
Court Decision ◽  
Constitutional Court ◽  
Draft Bill

This study aims the death penalty in Indonesia. We know where the death penalty is contrary or not in terms of the constitution and Islamic law, then we can conclude that if the legal implementation of the death penalty in Indonesia continue to be done or should be abolished. Based on research and the analysis conducted, conclude that Indonesia According to the Indonesian Constitution that the death penalty in Indonesia is constitutional. Constitutional Court Decision No. 2-3 / PUU-V / 2007 states that the imposition of the death penalty was constitutional. Any law governing capital punishment is not contrary to the Constitution of the State of Indonesia. However the legislation in Indonesia death penalty is still recognized in some legislation. There are three groups of rules, namely: Criminal Dead in the Criminal Code, Criminal die outside the Criminal Code, Criminal die in the Draft Bill. According to Islamic law that the death penalty could be applied to some criminal act or jinazah, either hudud qishahs, diyat or ta'zir among others to: Apostate, Rebel, Zina, Qadzaf (Allegations Zina), Steal (Corruption), Rob (Corruption), Murder.

scholarly journals Kebijakan Kriminalisasi Pengguguran Kandungan dalam Kajian Perbandingan Hukum Berbagai Negara serta Dampaknya bagi Kesehatan Ibu dan Anak (KIA)

2020 ◽  
Vol 2 (1) ◽  
pp. 14-28
Author(s):  
Rosalind Angel Fanggi
Keyword(s):  
Psychological Impact ◽  
National Development ◽  
Secondary Data ◽  
Criminal Code ◽  
Central Position ◽  
Health Coverage ◽  
Legal Reforms ◽  
Positive Law ◽  
The Future ◽  
Character Building

Indonesia is a country where religion occupies a central position and the elements must exist in the national and character building. Although has been setting in Criminal Code, but still found many cases of abortions. This paper is about to dig up how the rule of law of abortions. That there is something more profound that abortion is not only about removal of the fetus but also moral and psychological impact for youth of Indonesia. This artice aims to answer the questions: how the criminalization policy of abortion in the positive law at the future? In preparing this thesis, using a normative juridical approach, the author examines library materials is a secondary data and using the comparative law method also of the several foreign countries. The conclusion of this study is the criminalization of abortion policy set out in the positive law is not enough to guarantee protection for public health. Criminalization policy of abortion in the positive law at the future can be done by considering the arrangement of the Criminal Code abortion in some foreign as an ingredient to make legal reforms and especially considering the meaning of the precepts contained in the second sila in Pancasila. Advice can be delivered are abortions is not the best choice, but in conditions harmful should settings that give protection and health coverage of pregnant women; should have arrangements to sell the drug/vehicle used to perform abortions; about the naming of the chapter should considered using the chapter on offenses against the moral; rules should be formulated to provide legal certainty for doctors and patients: the criminalization policy of abortion settings should be based on Pancasila and national development goals.

scholarly journals Strategi Produk Rekayasa Umum untuk Meningkatkan Market Share Dalam Negeri dengan Metode Delphi

IQTISHODUNA ◽  
2020 ◽  
Vol 16 (1) ◽  
pp. 83-100
Author(s):  
Olin Lintang Pribadi
Keyword(s):  
Market Share ◽  
Delphi Method ◽  
Secondary Data ◽  
Primary Data ◽  
Research Subjects ◽  
Machine Method ◽  
Significant Difference ◽  
Difference Of Opinion ◽  
Qualitative Descriptive ◽  
Alternative Solutions

This study aims to determine the cause of the low market share of general engineering products at PT PAL Indonesia. Market share analysis is considered important in winning business competition. The study uses qualitative descriptive methods and subject data in the form of opinions, attitudes, experiences or characteristics of a person or group of people who are the research subjects or informants. Source of data used are primary data derived from informant interviews and secondary data derived from supporting documents relevant to the study. To find out the root of the problem using the technique of root causes analysis with the fishbone method and find alternative solutions to the problem with the Delphi method in the form of a questionnaire to the experts. The results of the study explained that the low market share of general engineering products is found in every indicator of fishbone, namely: machine, method, material, manpower, measurement and mother nature. And in the opinion of the experts there is no significant difference of opinion in providing alternative solutions to every problem on the fishbone indicator. So the company can be used in making policies.

scholarly journals Concept Of Criminal Liability Of Notary Law In Deed Making Based On Perjury

Jurnal Akta ◽  
2020 ◽  
Vol 6 (4) ◽  
pp. 675
Author(s):  
Ailina Rahmanita Fauzi ◽  
Sri Endah Wahyuningsih
Keyword(s):  
Criminal Responsibility ◽  
Criminal Liability ◽  
Descriptive Analysis ◽  
Secondary Data ◽  
Field Studies ◽  
Criminal Code ◽  
Primary Data ◽  
Element Formulation ◽  
False Information ◽  
Civil Suit

Purpose research These are 1) To analyze the concept of criminal responsibility notary law in the deed that is based on false information. 2) To analyze the legal consequences of the deed notary Based on False Information.The method used by researchers is Empirical Juridical (socio legal research)and specification in this study were included descriptive analysis. Even the sources and types of data in this study are primary data obtained from field studies with an interview with a notary in Grobogan. And secondary data obtained from the study of literature. This study uses qualitative data analysis Based on the results of research that 1) Notaries can not be held criminal liability associated with the manufacture of the deed (partijnakten) based on false information, and can not meet the crime of counterfeiting element formulation in Article 266 paragraph (1) in conjunction with Article 55 paragraph (1) of the Criminal Code. 2) However, the notary can be held criminal liability against relaas deed or deed of officials (ambtelijke akten) if deliberate or careless notary make a fake deed to the detriment others. That made base on notary deed against false information does not in itself result in the deed null and void. The aggrieved party to the existence of the deed as it should file a civil suit to the court to cancel the deed.Keywords : Concept of Law; Criminal Responsibility; Notary; Deed; Specification False

scholarly journals The Position And Function Of Notary In The Using Of State Symbol

Jurnal Akta ◽  
2020 ◽  
Vol 7 (1) ◽  
pp. 9
Author(s):  
Arief Rahman Siregar ◽  
Gunarto Gunarto
Keyword(s):  
Criminal Responsibility ◽  
Secondary Data ◽  
Letter Position ◽  
Problem Formulation ◽  
Criminal Code ◽  
The State ◽  
Positive Law ◽  
The Law ◽  
Notary Public ◽  
And Function

This study tried to answer the problem formulation is What position and Function of Notary in using the State symbol? What if Notaries do malpractices in the using of State Symbol and how sanctions against malpractice Notary Public who use the State Symbol? The purpose of this study to determine the position and Function of Notary in using the State Symbol, and determine sanctions against notaries who do mal practice in the using of State Symbol.This research was conducted using the normative method, means testing and reviewing secondary data, using literature data in the form of positive law relating to Legislation relating to the issues discussed.The results of this study concluded that a Notary Public in the office using the Symbol State under Article 16 paragraph (1) letter k of Notary law) and use of the State symbol of Notary's Stamp or Head Letter Position as stipulated in Article 54 paragraph (1) letter j Act No. 24 of 2009 and as Stamp of Department Office as stipulated in Article 54 paragraph (2) letter j Act No. 24 of 2009, while the Notary malpractice in the using of State symbol is not necessarily directly given to criminal sanctions as a form of application of the law ultimum remidium. because there are several steps that must be passed given the Notary has its own rules in the Law on Notary. Notary of the behavior is also governed by a special organization that Indonesian Notary Association (INI), but still asked the criminal responsibility under Act No. 24 of 2009 and Article 154 of the Criminal Code letter if indeed Notary proven legally and convincingly to have malpractice against the using of State Symbol.Keywords: Notary Authority; Notary Position; Sanctions Against Notary.

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