scholarly journals ANALISIS TUJUAN PEMIDANAAN DALAM PEMBARUAN HUKUM PIDANA NASIONAL TERKAIT TINDAK PIDANA ADAT (STUDI DELIK ADAT BALI)

2021 ◽  
Vol 16 (2) ◽  
pp. 183
Author(s):  
I Wayan Suardana ◽  
I Made Walesa Putra
Keyword(s):  
Restorative Justice ◽  
Criminal Law ◽  
Criminal Code ◽  
Customary Law ◽  
Law Reform ◽  
Criminal Sanctions ◽  
Positive Law ◽  
The Supreme Court ◽  
The Republic ◽  
Civil Courts

<p><em>Reform of the National Criminal Law is absolutely necessary with political, practical and sociological considerations. The amend of Criminal Code also include adjustments of the punishment aims, which leads to restorative justice. Likewise the sanctions for criminal offense in adat law, the punishment is less than optimal if only imposed the freedom deprivation to the perpetrator's, it is necessary to make efforts in restoring the situation (balance).</em></p><p><em>This type of research is normative research, by analyzing norms and legislation related to the aim of punishment in customary offenses.</em><em> </em><em>The results of the research that is the aim of customary sentencing is not specifically regulated in positive law, but customary criminal law have the power to apply, based: Article 18 B paragraph (2) of The 1945 State Constitution of the Republic of Indonesia, Emergency Law No. 1 of 1951 on Temporary Measure in Organizing the Unity of the powers and procedure of Civil Courts, Law No. 48 of 2009 on Judicial Power, Law No.39 of 1999 on Human Rights, and the Supreme Court Decisions, among others: (1) Decision No. 1644K / Pid / 1988 dated May 15, 1991; (2) Decision No. 984 K / Pid / 1996 dated January 30, 1996. </em></p><p><em>In the positive law, there is a reflection of restorative justice as a concept that developed in modern criminal law in line with the purpose of sentencing the customary offenses. The aim of sentencing as ius constituendum is formulated in Article 55 paragraph (1) of the 2017 Criminal Code Concept which includes resolving conflicts that arise, restoring balance, and bringing sense of peace and secure in the community, which is in line with customary criminal sanctions because of the visible values of customary law; resolve conflicts, restore balance, and bring a sense of peace in society.</em></p><p><strong> </strong></p><p><strong>Keywords</strong>: Analysis, Purpose of Sentencing, Criminal Law Reform, Customary Criminal Act</p>

scholarly journals PENTINGNYA RESTORATIVE JUSTICE DALAM KONSEP IUS CONSTITUENDUM

2020 ◽  
Vol 5 (2) ◽  
pp. 253
Author(s):  
Zico Junius Fernando
Keyword(s):  
Law Enforcement ◽  
Restorative Justice ◽  
Criminal Law ◽  
Criminal Code ◽  
District Court ◽  
Long Distance ◽  
Law System ◽  
Compensation Mechanisms ◽  
The Supreme Court ◽  
The Republic

Abstract: The State of Indonesia is a state of law, the affirmation of this can be seen in Article 1 paragraph (3) of the 1945 Constitution of the Republic of Indonesia. The settlement of cases through the judicial system which results in a court verdict is law enforcement towards the slow path. This is because law enforcement through a long-distance, through various levels starting from the Police, Attorney General's Office, District Court, High Court and even to the Supreme Court which ultimately has an impact on the accumulation of cases which are not small in number in the Court and not to mention other effects. For this reason, it is necessary to proceed with the steps to compile invitations concerning the rights and obligations of citizens in the context of implementing the Pancasila and the 1945 Constitution. Renewal of the Criminal Code by its authors is positioned as the foundation for building a national criminal law system. Related to the Political Law of Criminal Law Renewal in the upcoming National Criminal Law there is a concept known as the Restorative Justice concept. Restorative Justice involves restoring relations between the victim and the perpetrator. The restoration of this relationship can be based on mutual agreement between the victim and the perpetrator. The victim can convey about the loss he suffered and the perpetrator was given the opportunity to make it up, through compensation mechanisms, peace, social work, and other agreements. Keywords: Restorative Justice; Legal Reform; RKUHP

scholarly journals Settlement between the offender and the victim according to the criminal code of Serbia

Temida ◽  
2011 ◽  
Vol 14 (1) ◽  
pp. 37-48
Author(s):  
Emir Corovic
Keyword(s):  
Restorative Justice ◽  
Criminal Law ◽  
Criminal Code ◽  
Positive Law ◽  
The Republic

The Criminal Code of the Republic of Serbia from 2005 (which went into effect on January 1st, 2006) has envisaged a particular basis for remittance of punishment which had been unknown in our criminal law. It is about settlement between the offender and the victim, an institution reflecting ideas of restorative justice. Although the settlement between the offender and the victim offers great possibilities, it has not received enough attention in our criminal law literature. We usually come across perfunctory elaboration of the matter, which is justified by insufficient regulations. Thus numerous questions and dilemmas related to the implementation of this institution are being opened, so we will try to give answers to these questions in this paper, that is, to give some solutions for the dilemmas, relying on the positive law of the Republic of Serbia.

scholarly journals Legal protection of victims under criminal law in the Republic of Macedonia

Temida ◽  
2008 ◽  
Vol 11 (1) ◽  
pp. 25-46 ◽  
Author(s):  
Oliver Bacanovic
Keyword(s):  
Juvenile Justice ◽  
Restorative Justice ◽  
Criminal Law ◽  
Legal Protection ◽  
Criminal Procedure ◽  
Criminal Code ◽  
Republic Of Macedonia ◽  
The Law ◽  
The Republic ◽  
Criminal Legislation

The author tried to outline the status of crime victims in Macedonian criminal and juvenile legislation by analyzing three legal texts referring to legal protection of victims under criminal law in the Republic of Macedonia (the Criminal Code, the Law on Criminal Procedure Act and the Law on Juvenile Justice). The basic questions which have been analyzed from the criminal substantial aspect include: the rights and interests of the victims as a consistent part of contemporary criminal policy and Criminal Code reforms, the elements of diversion model based on concept of restorative justice in criminal legislation and victimology aspects of some significant novelties in the special part of criminal law. In this article two dimensions dealing with a change of status of damaged person in criminal procedure of the Republic of Macedonia have been analyzed, while taking into consideration new trends and comparative experiences in this field. One dimension is the role of the damaged person and incorporation of elements of restorative justice in the criminal procedure, while the other dimension includes help and support of the victims and prevention of their secondary victimization. While analyzing suitable provisions of the Law on Juvenile Justice, the author focuses on its solutions that deserve more attention because of its innovations. The consequent realization of the concept on which this law is based on, and in which the victim, at the same time, has a significant role is another confirmation of the rule that the changes of juvenile legislation creates good basis for future reforms of criminal legislation regarding the adult offenders.

scholarly journals Pengaturan Sanksi Pidana Bagi Pelaku Pembakaran Hutan

2021 ◽  
Vol 2 (2) ◽  
pp. 313-319
Author(s):  
Sang Bagus Nyoman Wahyuda Putra ◽  
I Nyoman Gede Sugiartha ◽  
Luh Putu Suryani
Keyword(s):  
Criminal Law ◽  
Civil Law ◽  
Criminal Code ◽  
Administrative Law ◽  
Legal Basis ◽  
Criminal Sanctions ◽  
Legal Code ◽  
Regulation Scheme ◽  
The Republic ◽  
Statutory Regulation

The base burning which is getting more and more massive every year in the archipelago because of the large number of land clearing by burning forests. For this reason, the burning of the widening of the plinth can cause natural destruction to disturb the fitness of the residents, to be quietly located, and to obtain a good and fit nature of life, which is the feasibility of such citizens as voiced in Article 28 h paragraph (I) of the 1945 Constitution of the Republic of Indonesia. The purpose of this study was to determine the legal arrangements for forest burning agents and to know the criminal sanctions for forest fire offenders. The method used in the preparation of this research is a normative legal study using a problem study using a legal basis that applies to laws and regulations contained in the literature. The method used for the following research is juridical normative, analytical descriptive in nature, and using the statutory regulation scheme, the executor of the scorching action of bases and land that continuously carries out scorching grounds should be carried out under criminal law, civil law in the form of penalties and administrative law takes the form of abolishing the business permit management permit. Law Number 41 Year 1999 Law Number 19 Year 2004 regarding Reason, Law Number 32 Year 2009 regarding Environmental Protection and Management, Civil Code, Criminal Code and Legal Code The administration, in fact, is unable to make a sense of the craving for the executors of the crime of burning forests and land who carry out scorching of bases and land because there is still a problem of burning the base.

scholarly journals THE NORMATIVE RESOLUTION OF THE SUPREME COURT OF THE REPUBLIC OF KAZAKHSTAN “ON THE PRACTICE OF THE COURTS APPLYING THE CRIMINAL LAW IN CASES OF CRIMES RELATED TO VIOLATION OF THE RULES OF THE ROAD AND THE OPERATION OF VEHICLES” DATED JUNE 29, 2011, AND THE CRIMINAL LAW

2020 ◽  
pp. 69-75
Author(s):  
K.A. Bakishev
Keyword(s):  
Law Enforcement ◽  
Supreme Court ◽  
Criminal Law ◽  
Criminal Code ◽  
Criminal Offence ◽  
The Road ◽  
Regulatory Decision ◽  
The Supreme Court ◽  
Sufficient Degree ◽  
The Republic

The Concept of the legal policy of the Republic of Kazakhstan for the period from 2010 to 2020emphasizes that the criminal law must meet the requirements of legal accuracy and predictability ofconsequences, that is, its norms must be formulated with a sufficient degree of clarity and based on clearcriteria that exclude the possibility of arbitrary interpretation provisions of the law. Meanwhile, an analysisof the Criminal Code of the Republic of Kazakhstan shows that some articles on liability for road transportoffences are designed poorly. For example, Art. 346 of the Criminal Code of the Republic of Kazakhstan ischaracterized by a combination of formal and qualified corpus delicti, as well as two forms of guilt — intentand negligence; in Art. 351 of the Criminal Code of the Republic of Kazakhstan, the circle of subjects of thecriminal offence was significantly reduced due to the unjustified exclusion of drivers of non-mechanicalvehicles. As a result, the Supreme Court of the Republic of Kazakhstan in the regulatory decree «On thepractice of the courts applying the criminal law in cases of crimes related to violation of the rules of theroad and the operation of vehicles’ of June 29, 2011 made a number of errors and contradictions that led todifficulties in qualifying the criminal offence and the appointment criminal punishment. Taking into accountthe law-enforcement and legislative experience of Kazakhstan and other countries in the field of ensuringtraffic safety, the author proposes amendments and additions to the named regulatory decision of theSupreme Court of the Republic of Kazakhstan to improve its quality and improve law enforcement practice.

scholarly journals Parole Criminal Law And Practice Of The Republic Of Srpska / Primjena uslovnog otpusta u Republici Srpskoj

2015 ◽  
Vol 5 (5) ◽  
pp. 5
Author(s):  
Ljubinko Mitrović
Keyword(s):  
Criminal Law ◽  
Criminal Policy ◽  
Criminal Code ◽  
Correctional Institution ◽  
Conditional Release ◽  
Criminal Sanctions ◽  
The Republic ◽  
The One ◽  
Almost All ◽  
Conditional Discharge

Conditional release of the convicted person is an important and almost all modern criminal systems applicable criminal law, criminal policy and penalty doctrine, which has a very important role from the viewpoint of a particular impact on the convicted person in terms of its further re-socialization, or repair, now in a new, changed circumstances in compared to the one which housed while in the correctional institution. Thus, in the Republic of Srpska, where, according to Article 154, Paragraph 1 of the Law on Execution of Criminal Sanctions Srpska, convicted persons for which it is reasonable to expect that he would not do the crimes, and was sentenced achieve the purpose of punishment can expect a conditional discharge from a criminal correctional institutions in accordance with the provisions of the Criminal Code of the Republic of Srpska, certainly to encourage their personal efforts to engage in life at large. It is on conditional release and its specific characteristics in general, and in particular the Institute of parole in the codes of the Republic of Srpska (Bosnia and Herzegovina) will be discussed in this paper.

scholarly journals New solutions in the juvenile criminal law in the light of the restorative justice

Temida ◽  
2007 ◽  
Vol 10 (1) ◽  
pp. 15-23
Author(s):  
Dragan Jovasevic
Keyword(s):  
Restorative Justice ◽  
Criminal Law ◽  
Criminal Code ◽  
Criminal Sanction ◽  
Efficient System ◽  
Criminal Sanctions ◽  
The Law ◽  
Criminal Protection ◽  
Criminal Legislation ◽  
The Way

New criminal legislation got into force in Serbia at the beginning of 2006. In that way, Serbia got unique Criminal Code which includes all provisions of material criminal law except provisions related to the criminal position of juveniles. System of criminal sanctions for juvenile off enders, procedure for their imposition and the way, procedure and terms for their execution are regulated by the provisions of the separate law - the Law on juvenile off enders and criminal protection of juveniles. Some of the most important novelties introduced by new juvenile criminal law are system of diversion, i.e. system of diversion orders, which aim at excluding the imposition of criminal sanctions in the cases when criminal sanction is not necessary from the perspective of crime suppression. Bearing that in mind, this paper is dedicated to forms of diversion orders as a form of measures that lead to more efficient system of restorative justice within our new juvenile criminal legislation. .

scholarly journals Pengaturan Tindak Pidana Pemerkosaan terhadap Sesama Jenis Kelamin Ditinjau dari Pasal 292 Kitab Undang-undang Hukum Pidana

2021 ◽  
Vol 2 (2) ◽  
pp. 354-358
Author(s):  
Tia Nur Larasati ◽  
I Nyoman Gede Sugiartha ◽  
Diah Gayatri Sudibya
Keyword(s):  
Criminal Law ◽  
Research Method ◽  
Criminal Code ◽  
Same Sex ◽  
Criminal Sanctions ◽  
Depth Analysis ◽  
Legal Sanctions ◽  
Opposite Sex ◽  
The Republic ◽  
Sense Of Justice

It can be said that the conviction of perpetrators of same-sex rape can be said to still contain obscure normsand that the Law of the Republic of Indonesia number 1 of 1946 concerning Criminal Law Regulations or the KUHP does not contain specific provisions that clearly regulate it. Article 292 of the Criminal Code is the only article of the Criminal Code that provides regulations regarding the crime of same sex rape. However, Article 292 of the Criminal Code only regulates the criminal act of same sex rape against minors as it can be categorized as an element of the crime of rape as stipulated in Article 285 of the Criminal Code, a criminal act of rape must be committed by men against women. The purpose of this study was to determine the criminal act of same sex rape according to Article 292 of the Criminal Code and to determine the legal sanctions against the perpetrator of the crime of same sex rape in Indonesia. The research method used is normative research, this type of normative research focuses on the collection and in-depth analysis of legal materials and also searches for their meaning in order to find solutions to the problem. Legal sanctions for perpetrators of the crime of rape of the same sex in Indonesia refer to the provisions of Article 292 of the Criminal Code, which is punishable by a maximum imprisonment of five years, as with the weight of the crime of a criminal act of rape whether committed against the opposite sex or of the same sex, punishment a maximum sentence of 5 (five) years is deemed not to contain a sense of justice, the formulation of criminal sanctions for rape in Articles 285 and 292 of the Criminal Code can be considered to be out of date or outdated.

scholarly journals Peniadaan Pidana Penjara bagi Pelaku Lansia dalam Pembaruan Hukum Pidana, Dapatkah Keadilan Restoratif Tercapai? (Elimination of Imprisonment for Erderly Criminal Offenders in Criminal Law Reform, Can Restorative Justice Be Achieved?)

2020 ◽  
Vol 11 (1) ◽  
Author(s):  
Puteri Hikmawati
Keyword(s):  
Restorative Justice ◽  
Criminal Law ◽  
The Elderly ◽  
Criminal Code ◽  
Law Reform ◽  
Vulnerable Groups ◽  
Human Right ◽  
Criminal Offenders ◽  
Community Needs ◽  
The Government

The Criminal Code Bill which has been approved by the House of Representatives and the Government, but has been delayed on its legalization, contains provisions to eliminate imprisonment for elderly over 75 years. Protection of the elderly is a human right because it belongs to vulnerable groups, such as children. For children in conflict with the law, restorative justice has been applied with diversion, where a solution is sought by involving the offenders, victims and the community. This article is written with normative juridical research method that examines the elimination of imprisonment for elderly criminal offenders in criminal law reform; with a question on achievability of restorative justice, which is expected to enrich criminal law extensive knowledge. This issue is important because the Criminal Code has not yet regulated the protection of elderly criminal offenders. Based on the results of the study, the judge was given an alternative sentence to impose a criminal fine to the elderly as a substitute for imprisonment, with due regard to the objectives and guidelines for punishment, as well as under strict conditions. Thus, restorative justice for elderly criminal offenders can't be achieved. The application of restorative justice should be carried out with regard to the rights of victims to obtain compensation. Therefore, there is a need for readiness of laws and regulations, law enforcement officers, and the community. The community needs to be given an understanding that, children and the elderly are vulnerable groups, and their rights are guaranteed by the 1945 Constitution. With age as their major factor, elderly are exposed to social, economic and health limitations. AbstrakRUU KUHP yang telah disetujui oleh DPR dan Pemerintah, namun ditunda pengesahannya memuat ketentuan untuk sedapat mungkin tidak menjatuhkan pidana penjara bagi lansia di atas usia 75 tahun. Pelindungan terhadap lansia merupakan hak asasi manusia karena termasuk dalam kelompok rentan, seperti halnya anak. Terhadap anak yang berhadapan dengan hukum telah diterapkan keadilan restoratif dengan diversi, dimana diupayakan penyelesaian dengan melibatkan pelaku, korban, dan masyarakat. Penulisan artikel dengan metode penelitian yuridis normatif ini mengkaji peniadaan pidana penjara bagi pelaku lansia dalam pembaruan hukum pidana, dapatkah keadilan restoratif tercapai?, yang diharapkan dapat menambah khasanah ilmu pengetahuan hukum pidana. Hal ini penting, mengingat KUHP belum mengatur pelindungan terhadap pelaku tindak pidana lansia. Berdasarkan hasil kajian, hakim diberikan alternatif pemidanaan untuk menjatuhkan pidana denda bagi lansia sebagai pengganti pidana penjara, dengan memperhatikan tujuan dan pedoman pemidanaan, serta syarat-syarat yang ketat. Dengan demikian, keadilan restoratif bagi pelaku lansia, tidak dapat tercapai. Penerapan keadilan restoratif hendaknya dilakukan dengan memperhatikan hak korban untuk memperoleh ganti rugi. Oleh karena itu, perlu kesiapan peraturan perundang-undangan, aparat penegak hukum, dan masyarakat. Terhadap masyarakat perlu diberikan pemahaman bahwa, anak dan lansia merupakan kelompok rentan, yang haknya dijamin oleh UUD 1945. Seorang lansia karena faktor usianya menghadapi keterbatasan sosial, ekonomi, dan kesehatan.

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