scholarly journals People’s Power Policy in Legal Construction in Treason Criminal Law as Indonesian Penal Code Reform

2020 ◽  
Vol 4 (2) ◽  
pp. 84-97
Author(s):  
Nur Aripkah ◽  
Eko Soponyono ◽  
Aistha Wisnu Putra
Keyword(s):  
Criminal Law ◽  
Presidential Election ◽  
Freedom Of Expression ◽  
Point Of View ◽  
Penal Code ◽  
Conceptual Approach ◽  
Pros And Cons ◽  
Legal Construction ◽  
The Government ◽  
Code Reform

Last year, People’s power was sounded during the presidential election period. It is still reaped the pros and cons in various circles, some called it as part of the treason, and some categorized it as a form of freedom of expression. The purpose of this article to see if the legal construction of treason criminal law is regulated under the current Penal Code, people’s power can be categorized as treason and how people’s power policies should be in the future under the legal construction of treason under criminal law.  the normative point of view with the statutory approach, conceptual approach, and case approach, analyzing the concept of people’s power is not appropriate to calls as a criminal act of treason because it does not meet the juridical construction of treason under the Article 104, Article 106, and 107 of the penal code(KUHP). Likewise, in Article 191 Indonesian Penal Code Bill (RKUHP), Article 192, Article 193, and 194 RKUHP. People’s power policy in the legal construction of treason criminal law as an effort to reform the Penal Code needs to be reformulated in particular articles, later in Article 194 ofthe penal code(KUHP). The legal construction of treason criminal law then emphasized in words against the government without using the weapons.

Shariah Punishments in the Islamic Republic of Iran

2019 ◽  
pp. 306-309
Author(s):  
Mohammad Hashim Kamali
Keyword(s):  
Criminal Law ◽  
Penal Code ◽  
Islamic Republic ◽  
Islamic Revolution ◽  
Islamic Republic Of Iran ◽  
Ayatollah Khomeini ◽  
The Government ◽  
Civil Laws

Iran’s experience of Islamic criminal law is closely connected with Ayatollah Khomeini and the Islamic Revolution of 1979. A new constitution and a set of criminal and civil laws were introduced in the early 1980s and eventually culminated in introduction of the Islamic Penal Code 2013. This chapter provides an overview of that code and its provisions on Islamic punishments, the controversies it has generated, and how the legislative bodies and the government took measures to address them.

scholarly journals Motive Element in Planed Murder Criminal Act According to Article 340 KUHP

2019 ◽  
Vol 7 (11) ◽  
Author(s):  
Lalu Irawadi ◽  
Rodliyah ◽  
Muhammad Natsir
Keyword(s):  
Criminal Law ◽  
Research Method ◽  
Research Result ◽  
Point Of View ◽  
Legal Research ◽  
Conceptual Approach ◽  
Positive Law ◽  
Subjective Element ◽  
Historical Comparative ◽  
Legal Consequences

This research is conducted to find out and analyse the implementation of criminal law in motive element of planed murder perpetrator as well as to find out and analyse the vindication of motive of planed murder perpertator by applying normative legal research method. Aimed to analyze the implementation of positive law norms under statute, case and historical, comparative and conceptual approach. Research result shown that implementation of Article 340 KUHP depends on judge’s point of view poured in his legal considerations. The point of view can be Monistic where motive is not a significance consideration as long as the crime lead to certain legal consequences or dualistic where motive is important to consider in order to determine perpetrator’s grade of guilt (psychologically) since dualistis point of view differentiate between objective element and subjective element (guilt element). To proof that there is motive element in a planed murder, Judge shall apply vindication principle used in Indonesia’s criminal law procedure according to Article 184 KUHP and law number 48 of 2009 concerning judiciary power.

scholarly journals Tanggung Jawab Sejarah dan Kebudayaan di Balik Pelarangan Buku di Indonesia

HUMANIS ◽  
2020 ◽  
Vol 24 (4) ◽  
pp. 464
Author(s):  
Anak Agung Ayu Rai Wahyuni
Keyword(s):  
Cultural Awareness ◽  
Freedom Of Expression ◽  
Reform Era ◽  
Pros And Cons ◽  
The Law ◽  
Book Banning ◽  
The Republic ◽  
The Government ◽  
Library Method

Book prohibition in Indonesia has been going on since the first President of the Republic of Indonesia, Soekarno. This prohibition continued in greater quality and quantity during the reign of the second President of the Republic of Indonesia, Soeharto. In the reform era, when freedom of expression found its space, book prohibition continued. This article examines the historical and cultural responsibility behind book banning. How about the prohibition of books in the Soekarno, Suharto era, and the reform era. What are the pros and cons that occur, as well as what solutions satisfy various parties. The method used is the library method, by reading, inputting data, and studying based on library data.  This article explains that the author of the book must be responsible for the content of his writing. Themes such as the Movement of the PKI are sensitive themes, therefore writers must have historical and cultural awareness. Likewise, the government is expected to be able to review a book, and not to unilaterally freeze or ban it. Bringing a book into the realm of law is supported by the necessary evidence, so that all parties get justice based on the law, history and culture of the nation for the unity of the Republic of Indonesia based on the pillars of development and survival as a nation.

scholarly journals The Rise of Political Hatred in Twitter Conversations of Indonesian Netizens

2021 ◽  
Vol 6 (1) ◽  
pp. 22-31
Author(s):  
Iswandi Syahputra
Keyword(s):  
Presidential Election ◽  
Freedom Of Expression ◽  
Political Conflict ◽  
Election Campaign ◽  
Political Actors ◽  
Presidential Candidates ◽  
Political Category ◽  
The Government ◽  
Presidential Election Campaign ◽  
Democratic Country

This article discusses expressions of hatred as a political category that has become a topic of discourse among Indonesian netizens on Twitter. The Twitter conversations data used in this analysis were obtained through a Twitter thread reader application operated by DEA (Drone Emprit Academic). As a political category, hatred is considered new. It emerged as  and became a conversational topic for netizens on Twitter due to  various political promises President Joko Widodo has made during his campaign and has not fulfilled. Political hatred has spread extensively owing to Twitter leading to   absolute freedom of expression. On Twitter, political hatred has increased because of two main clusters during the 2019 Presidential Election campaign. The two clusters represent  two pairs of presidential and vice-presidential candidates, namely Joko Widodo-Ma’ruf Amin (Number 01/JKW-MA) and Prabowo Subianto-Sandiaga Uno (Number 02/PS-SU). This study may have implications on broader hatred-based political conflict. Additionally, political hatred may also have implications on the waning of the public’s function to criticize political actors and the government because criticism may be suppressed on the basis of it being an expression of hatred. This will, accordingly, turn into a new dilemma in a democratic country, between freedom of expression and potential rise of new authoritarianism.

scholarly journals ZABURZENIA OSOBOWOŚCI I ICH WPŁYW NA OCENĘ POCZYTALNOŚCI SPRAWCY PRZESTĘPSTWA

2016 ◽  
Vol 13 (3) ◽  
pp. 107 ◽  
Author(s):  
Anna Golonka
Keyword(s):  
Personality Disorder ◽  
Personality Disorders ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Point Of View ◽  
Penal Code ◽  
Forensic Psychiatric

PERSONALITY DISORDERS AND THEIR EFFECT ON OFFENDERS CRIMINAL RESPONSIBILITY Summary Personality disorders are a relatively common subject of forensic psychiatric opinions. This generally accepted term is usually associated with the concept of psychopathy. However, despite being regarded as a manifestation of a personality disorder, in principle psychopathy precludes the use of Art. 31 § 1 or 2of the Polish Penal Code in court. From the point of view of criminal law it would seem appropriate to distinguish psychopathy from personality disorders, which are sometimes referred to as characteropathy. This distinction is highly relevant in view of its far-reaching consequences as regards the offender’s criminal responsibility. This is confirmed by the results of research on materials relating to specific cases, which warrant a set of conclusions on the effect a personality disorder may have on an offender’s criminal responsibility during the commission of the offence.

The Brand New Version of Article 301 of Turkish Penal Code and the Future of Freedom of Expression Cases in Turkey

2008 ◽  
Vol 9 (12) ◽  
pp. 2237-2252 ◽  
Author(s):  
Bülent Algan
Keyword(s):  
Freedom Of Expression ◽  
Penal Code ◽  
List Type ◽  
The European Union ◽  
National Assembly ◽  
Penal Law ◽  
The Republic ◽  
The Government ◽  
The Military ◽  
Republic Of Turkey

Article 301 of the Turkish Penal Code (TPC), much debated at both national and international levels, has recently been subject to an amendment aimed at clarifying its meaning and averting more distressing cases related to freedom of expression. It should be noted that the former article 301 was an amended version of article 159 of the former TPC of 1926. As Türkan Sancar rightly states in her comprehensive book on both articles 159 and 301, article 159 is an article which has been revised many times. It was amended seven times after coming into effect in 1926 (in 1936, 1938, 1946, 1961, twice in 2002, and 2003). The new TPC was introduced as a package of penal-law reform prior to the opening of negotiations for Turkish membership of the European Union, and came into effect on 1 June 2005. Article 301 stated the following:1.A person who publicly denigrates Turkishness, the Republic or the Grand National Assembly of Turkey, shall be sentenced a penalty of imprisonment for a term of six months to three years.2.A person who publicly denigrates the Government of the Republic of Turkey, the judicial bodies of the State, the military or security organizations, shall be sentenced to a penalty of imprisonment for a term of six months to two years.3.Where denigrating of Turkishness is committed by a Turkish citizen in another country, the penalty to be imposed shall be increased by one third.4.Expressions of thought intended to criticize shall not constitute a crime.

scholarly journals Menakar Nilai Keadilan Penyelenggaraan Pilkada 2020 di Tengah Pandemi Covid-19

2020 ◽  
Vol 22 (3) ◽  
pp. 493-514
Author(s):  
Supriyadi Supriyadi
Keyword(s):  
Theoretical Approach ◽  
General Meeting ◽  
Conceptual Approach ◽  
The Public ◽  
Local Election ◽  
Pros And Cons ◽  
The Government ◽  
Regulation Approach ◽  
Regional Elections ◽  
Statutory Regulation

Pelaksanaan Pilkada serentak tahun 2020 kembali dilaksanakan setelah sebelumnya mengalami penundaan. Pemerintah memutuskan untuk melaksanakan Pilkada pada bulan Desember 2020, dengan mengeluarkan Perpu No. 2 Tahun 2020. Langkah yang diambil Pemerintah melahirkan pro dan kontra dikalangan masyarakat termasuk penye-lenggara, hal tersebut sangat rasional mengingat keadaan penyebaran Covid-19 masih terus mengalami peningkatan. Disadari atau tidak, kebijakan tersebut menguji eksistensi nilai mulia dari tujuan hukum yakni keadilan. Penelitian ini adalah penelitian yuridis normatif dengan menggunakan pendekatan peraturan perundang-undangan, pendekatan konsep dan pendekatan teori. Adapun hasil penelitian ialah: Pertama, Perppu No. 2 Tahun 2020 tidak mengatur terkait dengan metode dan pelaksanaan Pilkada saat pandemi melainkan hanya mengatur waktu pemungutan suara. Kedua, terdapat beberapa tahapan yang menyulitkan pemilih, penyelenggara dan peserta yakni tahapan pemuktahiran data, pencalonan bagi calon peraseorangan dan tidak adanya kampanye dalam bentuk rapat umum. Ketiga, mekanisme penanganan pelanggaran Pilkada tetap mengacu pada metode saat keadaan normal. Switching the Value of Handling Local Election 2020 in the Middle of Pandemi Covid-19  The implementation of the simultaneous regional elections in 2020 was held after previously experiencing delays. The government decided to carry out the Pilkada (electiosn) in December 2020, by issuing Perpu No. 2 of 2020. The steps taken by the Government resulted in pros and cons among the public, including the organizers, this is very rational considering the spread of Covid-19 pandemic is still increasing. Whether we realize it or not, this policy tests the existence of the noble value of the goal of law, namely justice. This research is a normative juridical study using a statutory regulation approach, a conceptual approach and a theoretical approach. The research shows, first, that Perppu No.2 / 2020 does not regulate the method and implementation of Pilkada during a pandemic but only regulates the timing of voting. Second, there are several stages that make it difficult for voters, organizers and participants, namely the stages of updating data, nominating individual candidates and the absence of a campaign in the form of a general meeting. Third, the mechanism for handling election violations still refers to the method during normal circumstances.

scholarly journals Comparative Analysis of Academic Freedom within Higher Education Institutions (HEIs) in India and the USA

2021 ◽  
Vol 12 (6S1) ◽  
Author(s):  
Ruchi Saini
Keyword(s):  
Comparative Analysis ◽  
Academic Freedom ◽  
Freedom Of Expression ◽  
Penal Code ◽  
Policy Documents ◽  
Post Secondary ◽  
The Usa ◽  
Key Policy ◽  
The Government ◽  
Indian Penal Code

Despite having one of the largest and fastest-growing post-secondary sectors in the world, there has been increasing protest against the lack of academic freedom within HEIs in India in the past decade. This research study carries out a comparative analysis of academic freedom within HEIs in India and the U.S., with a specific focus on how the notion is formulated within key policy documents and the provisions to safeguard it. Preliminary data from the systematic review revealed that while policy documents within both the countries frame the notion along similar lines, various sections within the Indian Penal Code are used to criminalize useful dissent and freedom of expression within HEIs. The study recommends that in order to safeguard academic freedom in India, certain specific sections within the Indian Penal Code (Section 124A, Section-153A, Section-292, Section-295A) should be either repealed or reformulated so that they are not amenable to misuse by the government.

scholarly journals The Study of Implementation Effectiveness in the Various Criminal Law Policies During the Covid-19 Pandemic

2021 ◽  
Vol 23 (3) ◽  
pp. 359-378
Author(s):  
Joko Sri Widodo ◽  
Kristiawanto Kristiawanto ◽  
Tofik Yanuar Chandra
Keyword(s):  
Criminal Law ◽  
Mutual Support ◽  
Criminal Cases ◽  
Indonesian Government ◽  
Criminal Sanctions ◽  
Public Areas ◽  
Pros And Cons ◽  
The Government ◽  
Corruption Prevention ◽  
Assimilation Policy

There are various pros and cons to the criminal law policies by the Indonesian government in the context of dealing with covid 19. So it is necessary to have a study related to the effectiveness of implementing these various policies. The author's background is to discuss the formulation of the problem in this article: What is the criminal law policy during the covid 19 pandemic? And how is the effectiveness in the implementation of these policies? This article uses a normative juridical research method that examines various positive laws from the applicable laws and regulations, and then it is analyzed in analytical descriptive. The Indonesian government has established various policies to prevent the covid 19 transmission. The guidelines consist of: the formation of various legal regulations related to the covid pandemic; a policy of criminal sanctions for violators of social policies during the covid 19 pandemic; prisoner assimilation policy; electronic trial of criminal cases during the covid 19 pandemic; corruption prevention policies; policies on workplaces in public areas. Regarding the effectiveness of implementing these policies, it can be said that the execution tends to be less optimal because the policies are contrary to one another. So this article provides suggestions to the government and the community should have mutual support for the implementation of criminal law policies during the COVID-19 pandemic can be effective.

scholarly journals Kebijakan Hukum Penutupan Lokalisasi Sunan Kuning dalam Penanggulangan Tindak Pidana Prostitusi Online Di Kota Semarang

2021 ◽  
Vol 4 (2) ◽  
pp. 113-124
Author(s):  
Ook Mufrohim ◽  
Joko Setiyono
Keyword(s):  
Criminal Law ◽  
Research Method ◽  
Conceptual Approach ◽  
The Government ◽  
The City

Prostitution is a social crime that occurs within the community. Argorejo localization or famous as Sunan Kuning is a prostitution localization located in Semarang City. The Mayor of Semarang, through his policy, closed the Sunan Kuning localization. This research shows that there are new problems due to the issuance of Criminal Law Policy related to the closure of the Sunan Kuning Prostitution Localization in Semarang City, but the policy has an impact on the proliferation of Online Prostitution in the City of Semarang which actually creates a very big danger because it can be accessed by everyone and including minors, only on the condition of having a smartphone. This research is useful for the government so that in an effort to deal with crime is going to be carried out in an integrated manner, so that the crime in eradication can really really be resolved at the root of the problem the crime arises. This research focuses more on criminal law policy in dealing with crime in an integrated manner. This research method is a Normative Juridical research method or a doctrinal research method, using a statutory and conceptual approach.

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