scholarly journals Legality Letter of Statement of Khilaf in Indonesia Criminal Justice System

FIAT JUSTISIA ◽  
2018 ◽  
Vol 12 (2) ◽  
pp. 128
Author(s):  
Rugun Romaida Hutabarat
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Criminal Law ◽  
Justice System ◽  
Primary Source ◽  
Secondary Data ◽  
Criminal Offense ◽  
Criminal Procedure Law ◽  
The Law ◽  
Criminal Matters

In criminal law, a person charged with a criminal offense may be punished if it meets two matters, namely his act is unlawful, and the perpetrator of a crime may be liable for the indicated action (the offender's error) or the act may be dismissed to the perpetrator, and there is no excuse. The reasons may result in the death or the removal of the implied penalty. But it becomes a matter of how if the Letter of Statement Khilaf is the answer to solve the legal problems. The person who refuses or does not do what has been stated in the letters is often called "wanprestasi" because the statement is categorized as an agreement. The statement includes an agreement which is the domain of civil law or criminal law, so its application in the judicial system can be determined. This should be reviewed in the application of the law, are there any rules governing wrong statements in the criminal justice system. By using a declaration of khilaf as a way out of criminal matters, then the statement should be known in juridical rules. This study uses normative juridical methods, by conceptualizing the law as a norm rule which is a benchmark of human behavior, with emphasis on secondary data sources collected from the primary source of the legislation. The result of this research is that the statement of khilaf has legality, it is based on Jurisprudence No. 3901 K / Pdt / 1985 jo Article 189 Paragraph (1) of Indonesian criminal procedure law. However, this oversight letter needs to be verified in front of the court to be valid evidence, but this letter of error is not a deletion of a criminal offense, because the culpability of the defendant has justified the crime he committed. Such recognition, cannot make it free from the crime that has been committed.Keywords: Legality, Letter of Statement, Criminal Justice System

scholarly journals KAJIAN NORMATIF KEDUDUKAN ANAK SAKSI DALAM SISTEM PERADILAN PIDANA ANAK

2018 ◽  
Vol 8 (2) ◽  
pp. 144
Author(s):  
Muhammad Iftar Aryaputra ◽  
Dharu Triasih ◽  
Endah Pujiastuti ◽  
Ester Romauli Panggabean ◽  
Reny Puspita Dewi
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Child Protection ◽  
Justice System ◽  
Secondary Data ◽  
Positive Law ◽  
Criminal Procedure Law ◽  
Complete Set ◽  
Data Source ◽  
The Law

<p>Anak yang berhadapan dengan hukum dibagi menjadi tiga katagori, yaitu anak yang berkonflik dengan hukum, anak korban, dan anak saksi. Selama ini, perhatian yang diberikan lebih banyak tertuju pada anak yang berkonflik dengan hukum dan anak korban.  Kedudukan anak saksi kurang untuk dikaji.  Penelitian ini dimaksudkan untuk mengkaji lebih dalam kedudukan anak saksi dalam peradilan pidana anak. Permasalahan yang diangkat dalam penelitian ini yakni<em> </em>terkait pengaturan anak saksi dalam hukum positif dan bentuk perlindungan terhadap anak saksi dalam sistem peradilan pidana anak. Penelitian ini termasuk dalam penelitian hukum normatif. Dengan demikian, sumber data yang digunakan adalah data sekunder, terutama yang berasal dari bahan hukum primer berupa perundnag-undangan terkait. Dari data yang diperoleh, selanjutnya akan dianalisis secara kualitatif, sehingga akan menghasilkan suatu penelitian yang bersifat deskriptif analisis. Berdasarkan hasil penelitian, didapatkan hasil bahwa undang-undang yang mengatur paling lengkap tentang anak saksi dalam sisitem peradilan pidana anak adalah UU No. 11 Tahun 2012. Pengaturan mengenai anak saksi cenderung tidak sistematis dalam suatu undang-undang. Ketentuan mengenai anak saksi tersebar dalam berbagai ketentuan perundang-undangan seperti UU No. 8 Tahun 1981 tentang Hukum Acara Pidana, UU Perlindungan Anak, UU Sistem Peradilan Pidana Anak, dan UU Perlindungan Saksi dan Korban. Patut disayangkan, belum diatur tentang jaminan keselamatan bagi anak saksi dan pemulihan mental bagi anak saksi.</p><p><em>Children who are dealing with the law are divided into three categories, children in conflict with the law, children of victim, and children of witness. So far, more attention has been paid to children in conflict with the law and children of victims. The position of children of witness is less to be studied. This study is intended to examine more deeply the position of witnesses in the juvenile criminal justice system. The problem raised in this study is related to the arrangement of children of witnesses in positive law and the form of protection of witness children in the criminal justice system of children. This research is included in normative legal research. Thus, the data source used is secondary data, especially those derived from primary legal materials in the form of related regulations. From the data obtained, then it will be analyzed qualitatively, so that it will produce a descriptive analytical study. Based on the results of the study, it was found that the law that regulates the most complete set of witness children in the criminal justice system is Law No. 11 of 2012. Arrangements regarding witness children tend not to be systematic in a law. Provisions regarding witness children are spread in various legislative provisions such as Law No. 8 of 1981 concerning Criminal Procedure Law, Child Protection Act, Child Criminal Justice System Law, and Witness and Victim Protection Act. Unfortunately, it has not been regulated about the guarantee of safety for witness children and mental recovery for witness children.</em><em></em></p>

scholarly journals Comparative Criminal Law Policy Positives With Foreign Countries In The Criminal Law Prosecuting Perpetrators Of Criminal Acts Of A Child In Indonesia

2018 ◽  
Vol 1 (2) ◽  
pp. 337
Author(s):  
Tutut Suciati Handayani
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Criminal Law ◽  
Justice System ◽  
Secondary Data ◽  
Primary Data ◽  
Literature Study ◽  
Sociological Approach ◽  
Foreign Countries ◽  
Criminal Procedure Law

In this study the issues to be discussed are: the policy positive criminal law in the prosecution of perpetrators of criminal acts of a child, criminal law policy of foreign countries in the prosecution of perpetrators of criminal acts of children and the barriers prosecutor in carrying out the task of prosecuting perpetrators of criminal acts of child and how the efforts countermeasures. The research method that will be used is the juridical sociological approach. In order to obtain primary data and secondary data that is accurate to the writing of this study, the data collection by means of a literature study to find materials relating to the principles and rules of law relating to criminal procedure law and the criminal justice system of children. Based on the results of this research is still fragmented between the investigator and the prosecutor so that ultimately the criminal justice system is not optimal child be a solution to cope with the child as a criminal. The issue of children as criminals not only be approached only by using purely legal approach, but also must use the instrument of social and economic approaches. That in conducting the prosecution against children, public prosecutors are often encountered problems due to its law system, the apparatus structure and legal culture. therefore it is necessary for the reconstruction of the criminal justice system of Indonesia, so it can be used as a reference for events that are special laws such as the juvenile justice system.Keywords: Comparative, Policy, Criminal Law.

scholarly journals Kajian Normatif Kedudukan Anak Saksi Dalam Sistem Peradilan Pidana Anak

2018 ◽  
Vol 8 (2) ◽  
pp. 144
Author(s):  
Muhammad Iftar Aryaputra ◽  
Dharu Triasih ◽  
Endah Pujiastuti
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Child Protection ◽  
Justice System ◽  
Secondary Data ◽  
Positive Law ◽  
Criminal Procedure Law ◽  
Complete Set ◽  
Data Source ◽  
The Law

<p>Anak yang berhadapan dengan hukum dibagi menjadi tiga katagori, yaitu anak yang berkonflik dengan hukum, anak korban, dan anak saksi. Selama ini, perhatian yang diberikan lebih banyak tertuju pada anak yang berkonflik dengan hukum dan anak korban.  Kedudukan anak saksi kurang untuk dikaji.  Penelitian ini dimaksudkan untuk mengkaji lebih dalam kedudukan anak saksi dalam peradilan pidana anak. Permasalahan yang diangkat dalam penelitian ini yakni<em> </em>terkait pengaturan anak saksi dalam hukum positif dan bentuk perlindungan terhadap anak saksi dalam sistem peradilan pidana anak. Penelitian ini termasuk dalam penelitian hukum normatif. Dengan demikian, sumber data yang digunakan adalah data sekunder, terutama yang berasal dari bahan hukum primer berupa perundnag-undangan terkait. Dari data yang diperoleh, selanjutnya akan dianalisis secara kualitatif, sehingga akan menghasilkan suatu penelitian yang bersifat deskriptif analisis. Berdasarkan hasil penelitian, didapatkan hasil bahwa undang-undang yang mengatur paling lengkap tentang anak saksi dalam sisitem peradilan pidana anak adalah UU No. 11 Tahun 2012. Pengaturan mengenai anak saksi cenderung tidak sistematis dalam suatu undang-undang. Ketentuan mengenai anak saksi tersebar dalam berbagai ketentuan perundang-undangan seperti UU No. 8 Tahun 1981 tentang Hukum Acara Pidana, UU Perlindungan Anak, UU Sistem Peradilan Pidana Anak, dan UU Perlindungan Saksi dan Korban. Patut disayangkan, belum diatur tentang jaminan keselamatan bagi anak saksi dan pemulihan mental bagi anak saksi.</p><p><em>Children who are dealing with the law are divided into three categories, children in conflict with the law, children of victim, and children of witness. So far, more attention has been paid to children in conflict with the law and children of victims. The position of children of witness is less to be studied. This study is intended to examine more deeply the position of witnesses in the juvenile criminal justice system. The problem raised in this study is related to the arrangement of children of witnesses in positive law and the form of protection of witness children in the criminal justice system of children. This research is included in normative legal research. Thus, the data source used is secondary data, especially those derived from primary legal materials in the form of related regulations. From the data obtained, then it will be analyzed qualitatively, so that it will produce a descriptive analytical study. Based on the results of the study, it was found that the law that regulates the most complete set of witness children in the criminal justice system is Law No. 11 of 2012. Arrangements regarding witness children tend not to be systematic in a law. Provisions regarding witness children are spread in various legislative provisions such as Law No. 8 of 1981 concerning Criminal Procedure Law, Child Protection Act, Child Criminal Justice System Law, and Witness and Victim Protection Act. Unfortunately, it has not been regulated about the guarantee of safety for witness children and mental recovery for witness children.</em><em></em></p>

scholarly journals Islamic criminal procedure law: human rights issues

2020 ◽  
Vol 23 (10) ◽  
pp. 47-57
Author(s):  
Yusif Mamedov
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Criminal Law ◽  
Justice System ◽  
Due Process ◽  
Economic Status ◽  
Burden Of Proof ◽  
The Law ◽  
The Right

It has been established that harsh Islamic punishments are practically not applied due to the high burden of proof and the need to involve an exhaustive number of witnesses. It has been proven that the Islamic criminal justice system provides the accused with basic guarantees. It is noted that according to Sharia, Islamic crimes are divided into three categories: Hadd, Qisas and Tazir. It is noted that Islamic criminal law provides that the accused is not guilty if his guilt is not proven. It is noted that equality before the law is one of the main legal principles of the Islamic criminal model, as all persons are equal before the law and are condemned equally regardless of religious or economic status (lack of immunity). There are four main principles aimed at protecting human rights in Islamic criminal law: the principle of legality (irreversible action), the principle of presumption of innocence, the principle of equality and the principle of ultimate proof. In addition, the Islamic criminal justice system provides defendants with many safeguards, which are always followed during detention, investigation, trial and after trial. It is established that such rights are: 1) the right of every person to the protection of life, honor, freedom and property; 2) the right to due process of law; 3) the right to a fair and open trial before an impartial judge; 4) freedom from coercion to self-disclosure; 5) protection against arbitrary arrest and detention; 6) immediate court proceedings; 7) the right to appeal. It is noted that if a person is charged, he/she has many remedies It is noted that the trial must be fair, in which the qadi (judge) plays an important role. It has been established that, in addition to the procedural guarantees, the qualifications and character of the qadi, as well as the strict requirements of Islamic rules of proof, are intended to ensure a fair trial in the case of the accused. Adherence to these principles has been shown to indicate that the rights of the accused are fully guaranteed under Islamic criminal law.

scholarly journals Juridical Analysis Of Application Of Forgiveness (Rechterlijk Pardon) As A Basis Of Judge Consideration In Deciding The Criminal

2020 ◽  
Vol 3 (2) ◽  
pp. 307
Author(s):  
Sisno Pujinoto ◽  
Anis Mashdurohatun ◽  
Achmad Sulchan
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Criminal Law ◽  
Justice System ◽  
Legal Theory ◽  
Field Research ◽  
Secondary Data ◽  
Criminal Code ◽  
Primary Data ◽  
Development Concept

The formulation of the problem in this study are: How is the principle position Rechterlijk Pardon in the criminal system in Indonesia, how the principles are applied Rechterlijk Pardon in a criminal ruling Decision Number 241 / Pid.B / 2019 / PN.Mjl andHow the development / concept of the Rechterlijk Pardon principle in the renewal of the Indonesian criminal law that will come related to the draft criminal law on the monodualistic principle?This study uses a sociological juridical approach, with descriptive analytical research specifications. The data used in this study are secondary data obtained through library research and primary data obtained through field research which are then analyzed qualitatively using legal theory, the forgiveness agency theory, criminal justice system theory, and progressive legal theory. Based on the results of that study The position of the Rechterlijk Pardon Principle in the Criminal System in Indonesia is forgiveness is a form of forgiveness / deliverance from mistakes made. As a form of forgiveness, then with forgiveness, someone who is guilty is not sentenced or does not need to feel the punishment. Provisions such as this basically exist in conditional criminal conduct (voorwaardelijke veroordeling) regulated in Article 14a-14f of the Criminal Code. Conditional penalties are also referred to by part of the community with the term criminal trial or there is also termed as conditional punishment. Application of the Rechterlijk Pardon Principle in Criminal Verdicts Number 241 / Pid.B / 2019 / PN.Mjl it is applied later to act as the final safety valve in the criminal justice system if a case is not filtered at the prosecution and preliminary hearing judge stage. Development / Concept of the Rechterlijk Pardon Principle in the Future Renewal of Indonesian Criminal Laws Associated with the Draft Criminal Laws on the Monodualistic Principle are Forgiveness institution, is an important element to answer problems that cannot be accommodated with only 3 (three) types of decisions (free, loose, criminal funds).Keywords : Institutions; Forgiveness; Rechterlijk Pardon; Considerations; Judges; Decisions.

scholarly journals PRIMUM REMEDIUM ACTION SANCTIONS AGAINST CHILDREN IN CONFLICT WITH THE LAW

Cepalo ◽  
2021 ◽  
Vol 5 (2) ◽  
pp. 107-120
Author(s):  
Mashuril Anwar
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Justice System ◽  
Justice System ◽  
Secondary Data ◽  
Best Interests ◽  
Correctional Institutions ◽  
State Budget ◽  
Criminal Sanctions ◽  
The Law

Criminal sanctions are more popular than action sanctions at the application level. Action sanctions formulation is regulated in Articles 82 and 83 of the Juvenile Criminal Justice System Law, while criminal sanctions are the last resort. However, criminal sanctions are still the "prima donna" in law enforcement practices against children in conflict. This condition raises various problems such as the overcapacity of correctional institutions, burdens the state budget, and creates a stigma against children in conflict with the law. Because the purpose of implementing the juvenile criminal justice system is in the child's best interests, action sanctions should be prioritised, even though criminal sanctions are needed in law enforcement against children in conflict with the law. Therefore, an idea emerged to restore criminal sanctions as ultimum remedium and strengthen action sanctions as primum remedium. The problem discussed in this study is how to implement primum remedium action sanctions against children in conflict with the law? And how to strengthen primum remedium action sanctions against children in conflict with the law? This study uses a normative juridical, an empirical juridical, and a comparative methods. The data in this article are sourced from primary and secondary data processed through description, prescription, and system. The results indicate that criminal sanctions still dominate judges' decisions in children in conflict with the law, and action sanctions are complementary sanctions because it is rarely applied.

scholarly journals Legal Philosophy of Pancasila as The Paradigm of The Criminal Justice System: A Philosophical Criticism for the Loss of a Sense of Humanity

2018 ◽  
Vol 54 ◽  
pp. 07001
Author(s):  
Rocky Marbun ◽  
Abdul Hakim ◽  
M. Adystia Sunggara
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Criminal Procedure ◽  
Law Enforcement Officers ◽  
Philosophical Foundation ◽  
System A ◽  
Philosophical Criticism ◽  
Criminal Procedure Law ◽  
The Law

Since 1981, marked by the enactment of law number 8 of 1981 on criminal procedure law, it has become a consensus to abandon the Cartesian paradigm embodied in the inquisitoire principle. The inquisitoire principle sees any person drawn into a criminal justice struggle as an object. The Criminal Procedure Code (CPC) through the philosophical foundation of Pancasila, commands to adopt the accusatoire principle, in honor of the withdrawn party as a person entirely. However, the KUHAP/CPC formers forget the institutional legal culture of the thrown (gowerfen-sein) criminal justice system in the myth of modernity that is the objectification of human being. So that the law enforcement officers (investigators, public prosecutors, judges) always ignore Pancasila as the philosophical foundation of thought in carrying out the law.

3. What is ‘justice’?

2021 ◽  
pp. 55-93
Author(s):  
Steve Case ◽  
Phil Johnson ◽  
David Manlow ◽  
Roger Smith ◽  
Kate Williams
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Criminal Law ◽  
Justice System ◽  
Social Issues ◽  
The State ◽  
Government Institutions ◽  
Absolute Sense ◽  
The Law

This chapter examines justice in an absolute sense, and also justice in the context of the criminal justice system. The criminal justice system is the set of rules and practices under which government institutions and agencies act in order to prevent or control crime, to deal with those who break the law, and to support victims. ‘Justice’ in the context of ‘criminal justice’ refers to the extent to which the system aims to prevent or reduce offending; ensures that those who are accused, convicted, and sentenced are treated fairly (justly); and works to support victims and communities. Justice should be guaranteed by the law, especially the criminal law, in any state and should be clearly present in all decisions about crime and social issues made by those working for the state. As such, justice is core to almost every aspect of the criminal justice system. The chapter also considers broad definitions of justice; frameworks called criminal justice models on which understandings of justice in the criminal justice system can be anchored; philosophical ideas about the concept of justice; and the main systems used to bring about criminal justice.

Restoration of Social Justice and Imposition of Proportionate Punishment in the Context of the Principle Non Bis In Idem

10.12737/7595 ◽  
2015 ◽  
Vol 3 (2) ◽  
pp. 0-0
Author(s):  
Сергей Андрусенко ◽  
Sergey Andrusenko
Keyword(s):  
Social Justice ◽  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Justice System ◽  
Criminal Law ◽  
Justice System ◽  
Modern Medicine ◽  
System Study ◽  
Criminal Punishment ◽  
Criminal Procedure Law

The article discusses current issues in the restoration of victim rights by applying one of the fundamental principles of criminal law: the reestablishment of social justice and the commensurability/proportionality of the criminal justice system. Study the problems in the theory of criminal punishment that justify the possibility of increasing the punishment after conviction. The author also analyzes some of the positions of modern medicine which is based on the ability to change the verdict and appointment of new criminal penalties. Insufficient developed changes that were made to the criminal procedure law, can create problems of law enforcement practices that lead to a substantial violation of the rights of victims. The article also examines conflict general principles of criminal law, namely, the restoration of social justice and proportionality of criminal punishment and principle non bis in idem. The author points out significant challenges that may arise in law enforcement and offers solutions.

scholarly journals Not Citizens, Not Real People. The Italian Way of Governing Immigration through the Criminal Justice System

2020 ◽  
Vol 18 (2) ◽  
pp. 1-34
Author(s):  
Laura Scomparin ◽  
Giovanni Torrente
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Criminal Law ◽  
Justice System ◽  
Real People ◽  
Criminal Procedure Law ◽  
Legislative Policy ◽  
The One ◽  
Border Controls ◽  
Double Track

The aim of this article is to describe the specious use made of the Italian criminal justice system as a device to manage the demands for security due to the general perception of increased immigration flows in Italy. In particular, the article analyses - in each stage of the penal system from substantive criminal law, through criminal procedure law, to the prison system - the connection between the processes of criminalization and the use of extrajudicial measures to control immigration flows (such as border controls and expulsions). The results suggest that this criminal ‘double track’ (Italian citizens on the one side and migrants on the other) - with the subsequent hyper-incarceration of aliens and their final deportation as a consequence of the breach of either or both administrative and criminal law -is a disguised but deliberate choice of recent Italian legislative policy regarding the justice system.

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