scholarly journals RECONSTRUCTION OF DETENTITON REGULATION AGAINST A SUSPECT OR DEFENDANT IN ACCORDANCE WITH CIVIL CODE BASED ON JUSTICE

2017 ◽  
Vol 1 (1) ◽  
pp. 216
Author(s):  
Muhammad Khambali

Detention is a criminal act of deprivation of freedom which is one of the criminal forms stipulated in the Criminal Code. The mechanisms of detention have been organized according to the Criminal Procedure Code. Mistakes in detention can lead to fatalities for many parties including people who execute the detention. The impact of detention on suspects/defendants is not only felt by suspects/defendants, but also it is felt by families of suspects/defendants, communities, and countries.

2020 ◽  
Vol 1 (1) ◽  
pp. 130-134
Author(s):  
Gemaya Wangsa ◽  
Anak Agung Sagung Laksmi Dewi ◽  
I Wayan Arthanaya

The development of information technology and correspondence resulted in a shift in the format of print media to digital media, so that this growth was followed by the continuation of the development of a new criminal class that rode digital media in criminal acts of terrorism. This study aims to determine the regulations for the use of website evidence and the position of using website evidence in handling terrorism crimes in case number 140 / Pid.Sus / 2018 / PN.Jkt.Sel. This research uses a normative legal exploration method whose data comes from the determination related to the use of website evidence in Article 184 of the Criminal Code. The results of the research show that the determination of the exploitation of website evidence, which when based on Article 184 of the Criminal Procedure Code, means that electronic material is not classified as an abash instructional device classification, but if it is based on statutory regulations in a special crime, the electronic evidence media has resistance as a valid evidence, this can be seen in the provisions of Article 5 paragraph (1) of the ITE Law which are reaffirmed in the provisions of Article 44 of the ITE Law. Utilization of electronic evidence in the process of evidence in court is sourced from website evidence in law enforcement for criminal acts of terrorism in the Case Number 140 / Pid.Sus / 2018 / PN.Jkt.Sel scandal. Criminal Procedure, especially Article 184 of the Criminal Procedure Code, but has a judicial guideline that the judge cannot refuse to explore and decide the matters brought against him, provided that the law is unclear or non-existent, then the judges' rules should expose the meaning of continued and continuous law in the consortium, up to the provisions as contained in the ITE Law which regulates electronic instruction instruments as valid instruction devices.


2021 ◽  
Vol 3 (2) ◽  
pp. 11-25
Author(s):  
Ni Made Trisna Dewi,Reido Lardiza Fahrial

Abuse in the electronic transaction because it is formed from an electronic process, so the object changes, the goods become electronic data and the evidence is electronic.  Referring to the provisions of positive law in Indonesia, there are several laws and regulations that have set about electronic evidence as legal evidence before the court but there is still debate between the usefulness and function of the electronic evidence itself, from that background in  The following problems can be formulated, How do law enforcement from investigations, prosecutions to criminal case decisions in cybercrimes and How is the use of electronic evidence in criminal case investigations in cybercrimes This research uses normative research methods that are moving from the existence of norm conflicts between the Criminal Procedure Code and  ITE Law Number 19 Year 2016 in the use of evidence.  The law enforcement process of the investigator, the prosecution until the court's decision cannot run in accordance with the provisions of ITE Law Number 19 of 2016, because in interpreting the use of electronic evidence still refers to Article 184 paragraph (1) KUHAP of the Criminal Procedure Code stated that the evidence used  Legitimate are: witness statements, expert statements, letters, instructions and statements of the accused so that the application of the ITE Law cannot be applied effectively The conclusion of this research is that law enforcement using electronic evidence in cyber crime cannot stand alone because the application of the Act  - ITE Law Number 19 Year 2016 still refers to the Criminal Code so that the evidence that is clear before the trial still refers to article 184 paragraph (1) KUHAP of the Criminal Procedure Code and the strength of proof of electronic evidence depends on the law enforcement agencies interpreting it because all electronic evidence is classified into  in evidence in the form of objects as  so there is a need for confidence from the legal apparatus in order to determine the position and truth of the electronic evidence.   Penyalahgunaan didalam transaksi elektronik tersebut karena terbentuk dari suatu proses elektronik, sehingga objeknya pun berubah, barang menjadi data elektronik dan alat buktinya pun bersifat elektronik. Mengacu pada ketentuan hukum positif di Indonesia, ada beberapa peraturan perundang-undangan yang telah mengatur mengenai alat bukti elektronik sebagai alat bukti yang sah di muka pengadilan tetapi tetap masih ada perdebatan antara kegunaan dan fungsi dari alat bukti elektronik itu sendiri, dari latar belakang tersebut di atas dapat dirumuskan masalah sebagai berikut, Bagaimana penegakkan hukum dari penyidikan, penuntutan sampai putusan perkara pidana dalam kejahatan cyber dan Bagaimanakah penggunaan bukti elektronik dalam pemeriksaan perkara pidana dalam kejahatan cyber Penelitian ini menggunakan metode penelitian normatif yakni beranjak dari adanya konflik norma antara KUHAP dengan Undang-undang ITE Nomor 19 Tahun 2016 dalam penggunaan alat bukti. Proses penegakkan hukum dari penyidik, penuntutan sampai pada putusan pengadilan tidak dapat berjalan sesuai dengan ketentuan Undang-undang ITE Nomor 19 Tahun 2016, karena dalam melakukan penafsiran terhadap penggunaan alat bukti Elektronik masih mengacu pada Pasal 184 ayat (1) KUHAP disebutkan bahwa alat bukti yang sah adalah: keterangan saksi, keterangan ahli, surat, petunjuk dan keterangan terdakwa. sehingga penerapan Undang-undang ITE tidak dapat diterapkan secara efektiv. Kesimpulan dari penelitian ini adalah penegakan hukum dengan menggunakan alat bukti elektronik dalam kejahatan cyber tidak bisa berdiri sendiri karena penerapan Undang-Undang ITE Nomor 19 Tahun 2016 tetap merujuk kepada KUHP sehingga alat bukti yang sah di muka persidangan tetap mengacu pada pasal 184 ayat (1) KUHAP dan Kekuatan pembuktian alat bukti elektronik tersebut tergantung dari aparat hukum dalam menafsirkannya karena semua alat bukti elektronik tersebut digolongkan ke dalam alat bukti berupa benda sebagai petunjuk sehingga diperlukan juga keyakinan dari aparat hukum agar bisa menentukan posisi dan kebenaran dari alat bukti elektronik tersebut.


Lentera Hukum ◽  
2017 ◽  
Vol 4 (1) ◽  
pp. 46
Author(s):  
Lela Tyas Eka Prihatining Cahya ◽  
Dwi Endah Nurhayati ◽  
Dodik Prihatin AN

This writing examines the consideration of judge to the decision concerning violence case according to Article 170 KUHP (Criminal Code) and evaluates conformity of decision with the provision of Article 197 Paragraph (1) KUHAP (Criminal Procedure Code) in the case of violence happened in Mojokerto. It takes into account of the judge to decide consideration which has the consequence of a decision made by the judge void by law. It uses statute and conceptual approaches analyzed through Article 170 KUHP and Article 197 Paragraph (1) KUHAP linked to the doctrine of experts to corroborate argument from the authors. In conclusion, this research considers the statement of the judge that the defendant guilty of a criminal offense according to Article 170 Paragraph 1 KUHP does not conform with the fact in the court wherein the court it is obtained the explanation from the witness that the letter of Visum et Repertum and a statement of the defendant done are exercised by the defendants caused casualties sustained. In addition, in making decision, the judge does not refer to Article 197 Paragraph (1) letter d and h so in which the decision should be declared void by law. Keywords: Consideration of Judge, Criminal Offense, Violence


Author(s):  
Nikolay Letelkin ◽  
Dmitry Neganov

The article examines the situationality of modern lawmaking in the field of criminal law in the context of the adoption of the federal law of 1.04.2020 No. 100-FZ «On Amendments to the Criminal Code of the Russian Federation and Articles 31 and 151 of the Criminal Procedure Code of the Russian Federation», adopted by the State The Duma of the Russian Federation in connection with the pandemics of the Corona Virus Disеаsе 2019 (COVID-19).


2021 ◽  
Vol 5 (2) ◽  
pp. 192-208
Author(s):  
A. V. Boyarskaya

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.


2021 ◽  
Vol 5 (3) ◽  
Author(s):  
Audaraziq Ismail ◽  
Eva Achjani Zulfa ◽  
Yutcesyam Yutcesyam ◽  
Fatiatulo Lazira

Prosecution is basically an action by the public prosecutor to delegate a criminal case to the competent District Court so that it is examined and decided by a judge in a court session. With regard to prosecution, Article 109 of the Criminal Procedure Code states that there are 3 reasons for stopping prosecution, namely that an event is not a criminal act, there is not enough evidence collected by investigators to prove the fulfillment of the elements in a criminal act and for the sake of law. The Criminal Code, First, with regard to the application of the principle of ne bis in idem. Second, if the Defendant dies, Third, Expires, Fourth, Settlement outside the court, Article 82 of the Criminal Code has described if an offense is threatened with a fine only, then prosecution can be avoided by paying the maximum fine directly. Against corporations, prosecution is limited by a number of provisions, in this case also including when the corporation is bankrupt. That as a result, if the entire corporate assets are included in the bankruptcy code, there will be a transfer of corporate licenses and an impact on the liquidation process. Thus, based on the provisions of Article 142 paragraph (1) of Law no. 40 of 2007 concerning Limited Liability Companies, the corporation is dissolved. Thus, the prosecution of the bankrupt corporation can be dropped.


2019 ◽  
Vol 8 (7) ◽  
Author(s):  
Rinat R. Akhmetzakirov ◽  
Idris M. Gilmanov ◽  
Muhamat M. Gilmanov

The United Nations obliges the national legislator to pay particular attention to issues of jurisdiction through the International Documents. These obligations are specified in clause 1 of Article 14 of the Covenant on Civil and Political Rights and in clause 1 of Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms. It is the duty of states to guarantee rights to a fair public hearing by a competent court without delay. Jurisdiction issues, i.e. competencies of criminal courts in the Russian Federation, are regulated by Article 31 of the Criminal Procedure Code of the Russian Federation. The rules of this article are of great importance. Thus, the fulfillment of the requirements of Article 31 of the Criminal Procedure Code of the Russian Federation consists in the fact that if the rules of this article are violated, this automatically leads to the sentence cancellation and the re-examination of the criminal case.  Similar serious attention is paid to the legislator of the Republic of Estonia. The legal system of this country is part of the Romano-German legal family, having peculiar differences. In order to alleviate the workload of the courts of first instance, offenses were singled out in the Criminal Code as an independent form of punishment, and the simplified (summary) proceedings were also stipulated for application.


2016 ◽  
Vol 4 (11) ◽  
pp. 0-0
Author(s):  
Руслан Долотов ◽  
Ruslan Dolotov

The article is devoted to the practice of parole. The main goal of the study is to determine if is it properly to include a period of house arrest in six months term of imprisonment, necessary for the creation of the right to parole. The article proves that in practice they judge from the following conclusion: as the period of house arrest is included in the period of detention, and the detention period is included in the term of imprisonment, so when a real served term for parole is determined it is necessary to include in it the period of house arrest. The author explains that such conclusion is flawed since it is based on a dogmatic rather than systemic interpretation of the Criminal Code and the Criminal Procedure Code of the Russian Federation without understanding the role which plays set by the legislator six months term in case of parole in the system of criminal law measures.


2021 ◽  
Vol 2 (1) ◽  
pp. 19-24
Author(s):  
Gede Mahadi Waisnawa Hanata Putra ◽  
I Nyoman Putu Budiartha ◽  
Ni Made Sukaryati Karma

Indonesian Criminal Law is currently a legacy from the Dutch East Indies Government which has been adapted and passed by Law No. 16 of 1946 to be implemented nationally. The purpose of this research is to describe the regulation of theft of minor crimes in the Criminal Code before the Supreme Court Regulation Number 2 of 2012 and to describe the juridical consequences of Supreme Court Regulation No.2 of 2012 on theft as a minor criminal act in the Criminal Code. This research uses normative legal research methods. The results show that according to Article 206 of the Criminal Procedure Code, procedures for granting authority to investigate and review cases are carried out by the investigator himself and should not be disturbed by the prosecutor. This Perpres adjusts articles 364, 373, 379, 384, 407 and article 482 of the Criminal Code to Rp. 2,500,000.00. Therefore, fulfill this element of the requirement and enter a case where the value of the commodity does not exceed Rp. 2,500,000.00. Therefore, the case is examined by expedited procedure, which is tried by a judge, and the assignment and review of the case is carried out by the investigator himself without the interference of the prosecutor.


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