URGENSI AUTOPSI FORENSIK DAN IMPLIKASINYA DALAM TINDAK PIDANA PEMBUNUHAN

The court does not always demand or require visum et repertum when examining homicide cases. Forensic autopsy may not be required at all by the criminal court when deciding that the accused is guilty of homicide as charged. The verdict may be reached based on other evidence. The author, using a juridical normative approach, concludes that the absence or presence of a visum et repertum does influence the judge’ consideration and matters to the final verdict. Considering that, regardless of the surviving family’s consent, in cases of unnatural death, forensic autopsy and the making of a visum et repertum should be mandatory.

Download Full-text

LEGAL IMPLICATIONS OF REGULATORY PROVISIONS ARTICLE 10 VERSE (5) LAW NO. 46 OF 2009 CONCERNING THE CORRUPTION CRIMINAL COURT

Jurnal Pembaharuan Hukum ◽

10.26532/jph.v7i3.12937 ◽

2020 ◽

Vol 7 (3) ◽

pp. 232

Author(s):

Ahmad Fauzi ◽

Abdul Madjid ◽

Nurini Aprilianda ◽

Prija Djatmika

Keyword(s):

Quantitative Analysis ◽

Ad Hoc ◽

Criminal Court ◽

Judicial Power ◽

Normative Approach ◽

Legal Implications

The corruption criminal court is an institution that is given the authority to examine and decide corruption cases. The purpose of this study was to determine the juridical implications of the principle of the independence of the judicial power. This study uses a normative approach with quantitative analysis. The existence of a corruption court established on judicial power states that a special court can only be formed by a separate law. Then the corruption court is an institution that has the authority to examine and decide corruption cases. In its implementation, the composition of judges in the corruption court is divided into two, namely career judges and ad hoc judges. In its implementation, there are several things in the legislation that are contrary to the principle of independence of judicial power and violate the principle of freedom of judicial power, especially for ad hoc judges in the criminal court of corruption.

Download Full-text

PEMBERLAKUAN KETENTUAN PASAL 21 UNDANG-UNDANG NOMOR 30 TAHUN 2014 DALAM PENANGANAN KORUPSI

Veritas et Justitia ◽

10.25123/vej.v7i2.3780 ◽

2021 ◽

Vol 7 (2) ◽

pp. 297-324

Author(s):

Gregorius Aryadi Aryadi ◽

Yohanes Sri Pudyatmoko

Keyword(s):

Criminal Court ◽

Final Decision ◽

Main Question ◽

Government Officials ◽

Abuse Of Power ◽

Indonesian Government ◽

Normative Approach ◽

Positive Effect

This research departs from the author’s observation that Indonesian government officials are currently very wary and worried being criminally charged for corruption and at the same time brought before the administrative court for abuse of power. The main question here is whether the possibility of being brought before the Administrative Court may or may not have positive effect. The main finding, using a legal normative approach, is that the final decision on the issue, whether there is abuse of power or not, as decided by the Administrative Court, would be important in proving disproving, the corruption charge brought before the criminal court.

Download Full-text

Part 8 Appeal and Revision: Appel et Révision, Art.83 Proceedings on appeal/Procédure d’appel

10.1093/law/9780198739777.003.0088 ◽

2016 ◽

Author(s):

Schabas William A

Keyword(s):

General Principle ◽

International Criminal Court ◽

Rome Statute ◽

International Criminal ◽

Trial Chamber ◽

Criminal Court ◽

Final Verdict ◽

Appeal Procedure

This chapter comments on Article 83 of the Rome Statute of the International Criminal Court. Article 83 sets out a general principle by which the Appeals Chamber shall have all the powers of the Trial Chamber with respect to proceedings under articles 81 and 83. It sets out the powers of the Appeals Chamber when it considers a final verdict of a Trial Chamber. It gives it the power to modify a sentence that it considers to be disproportionate to the crime. It deals with the requisite majority of the Appeals Chamber and the possibility of separate or dissenting opinions. It also entitles the Appeals Chamber to deliver its verdict in the absence of the person who has been acquitted or convicted at trial.

Download Full-text

Peradilan In Absentia Pada Perkara Tindak Pidana Korupsi

Corruptio ◽

10.25041/corruptio.v1i1.2071 ◽

2020 ◽

Vol 1 (1) ◽

pp. 21

Author(s):

P. Iskandar Welang

Keyword(s):

Human Rights ◽

Criminal Justice ◽

Criminal Procedure ◽

Criminal Court ◽

Empirical Approach ◽

Research Results ◽

Normative Approach ◽

Procedure Code ◽

Traffic Violations ◽

The Right

The Corruption Criminal Court in absentia is a deviation or prohibited because it is considered as a violation of the defendant's human rights so that the right of the defendant to make a defense will be lost or ignored as regulated in Article 196 Paragraph (1) of the Criminal Procedure Code. Judgment in absentia is only permitted for perpetrators of traffic violations. Then what if the court in absentia is applied to corruption cases. The method in this research uses an approach that includes an empirical approach carried out through direct research in the field, and a normative approach carried out through literature studies related to legislation, research results and other literature. In the implementation of the court in absentia for corruption cases do not violate the rights of the suspect because the defendant is still given the right to follow the stages for criminal justice both from the process of investigation, investigation and trial, but in this case the defendant does not want to use or utilize the rights their rights which have been granted and guaranteed by laws and regulations as regulated in the Criminal Procedure Code.

Download Full-text

Part 2 Attributing Criminal Responsibility, 5 Principals and Accessories

10.1093/acprof:oso/9780199560363.003.0005 ◽

2012 ◽

Author(s):

van Sliedregt Elies

Keyword(s):

Criminal Law ◽

International Criminal Court ◽

International Criminal ◽

Criminal Responsibility ◽

Criminal Court ◽

International Criminal Law ◽

Normative Model ◽

Normative Approach ◽

Crime Theory

This chapter discusses principal and accessorial liability in international criminal law. It analyzes participation models in international criminal law through the lens of the approaches discerned in the previous chapter. When discussing the distinction between principals and accessories in international criminal law, it becomes clear that the normative approach to criminal participation has gained ground in recent years. For that reason, the chapter elaborates on the distinguishing criterion in a normative model of participation, which means answering the question who is ‘most responsible’. Different theories have been developed in national criminal law to answer that question. One such theory is Roxin's theory of Tatherrschaft. This theory warrants analysis since it has been influential in international criminal law, particularly at the International Criminal Court (ICC). It is attuned to system criminality and lies at the basis of the ‘control of the crime’ theory adopted at the ICC.

Download Full-text