scholarly journals Effectivity Of Restorative Justice Meets The Just Nature Of Indonesia Society

2021 ◽  
Vol 5 (1) ◽  
Author(s):  
Ramdani Abd. Hafizh ◽  
Ahmad Ramdani Chairi ◽  
Dirasid Dirasid ◽  
Raka Febrian Krisnaputra ◽  
Irvan Ali
Keyword(s):  
Restorative Justice ◽  
Criminal Law ◽  
Negative Impact ◽  
Criminal Cases ◽  
Law System ◽  
Kinship System ◽  
Traffic Violations ◽  
Main Factor ◽  
Adat Law

Restorative justice is a form of cases settlement beyond the court which engaged perpetrator, victim and society as condition restore after the crime. This form started to be developed in Indonesia, especially in regions which implement “adat” law consistently and have close kinship system. Restorative justice is urgently needed today, in order to reduce the number of cases and prison over capacity. The significant number of criminal cases which had been judged in the court is the main factor of prison over capacity. The prison full of criminal which had variety of crimes. The negative impact is, prison is not a shoch-therapy for the criminals, instead of after they fulfill their sentence period and become alumni of prison, they tend to re-do their crimes even worse than the previous one. This condition was the causing factor of restorative justice in the criminal law system for example, children criminals, traffic violations which had narrow impacts and can be solved by “adat” institution, with the exception for major cases or extraordinary crimes for instance drugs, planned murder, terrorism and genocide

scholarly journals Restorative Justice Bagi Anak Pelaku Tindak Pidana Pembunuhan dalam Perspektif Pidana Islam

2018 ◽  
Vol 2 (1) ◽  
pp. 55
Author(s):  
Hasuri Hasuri
Keyword(s):  
Restorative Justice ◽  
Criminal Law ◽  
Legal System ◽  
Negative Behavior ◽  
Criminal Cases

The settlement of criminal cases by using the punishment method for the perpetrators (retributive) is not effective enaough and it is not become deterrent for the perpetrators but they more expert in doing criminal acts, moreover the perpetrators are children under the age that they are unstable in psychiatric and very easy to imitate the negative behavior gained in jail. Many methods of punishment offered by experts to change conventional punishment methods one of them is using the Restorative Justice, the  concept of punishment is by involving the victim's family efforts not only focus on giving suffering to the perpetrator but also healing the injuries suffered by the victim and the victim's family. This study focuses on the concept of Restorative Justice for children involved in criminal acts of murder in Islamic criminal studies, and find the differences in the application of Restorative Justice in the provision of a positive legal system in Indonesia with Islamic criminal law.

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 Eksistensi Penerapan Ultimum Remedium dalam Sistem Hukum Pidana Indonesia

2020 ◽  
Vol 2 (1) ◽  
pp. 16
Author(s):  
Sheila Maulida Fitri
Keyword(s):  
Restorative Justice ◽  
Criminal Law ◽  
Criminal Case ◽  
Law System ◽  
Procedural Law ◽  
Laws And Regulations

Criminal Law in Indonesia which was ideally applied as the ultimate last weapon (ultimum remedium) in dealing with violations, has now shifted to become the main weapon (primum remedium). This is inseparable from the criminal law policy which is still oriented as a form of retaliation and punishment so that it prioritizes penal policies with a focus on imposing sanctions in the form of deprivation of liberty. Criminal law has always been used as the main weapon in solving various kinds of violations. This has led to a condition of over-criminalization which has created new problems at the applicative level. Reforming criminal law is considered very urgent to be carried out by accommodating a restorative justice approach in order to re-place criminal law as an ultimum remedium. First, the application of decriminalization policies in various laws and regulations in Indonesia. Second, the reorientation of the criminal procedural law system which gives the possibility of a criminal case settlement process out of court (afdoening buiten process). Keyword: Criminal Law; Restorative Justice; Ultimum Remedium.

TAX FRAUD PHENOME: QUALIFICATION DUE TO CRIMINAL LAW IN FIELD OF VAT

2016 ◽  
Vol 3 (76) ◽  
pp. 29
Author(s):  
Ļubova Švecova
Keyword(s):  
Present Article ◽  
Criminal Law ◽  
Tax Evasion ◽  
Negative Impact ◽  
Tax Avoidance ◽  
Value Added ◽  
Value Added Tax ◽  
Law System ◽  
Tax Fraud ◽  
The Law

In the present article the author has considered in a concentrated form the essence of the tax fraud phenomenon, the responsibility for which is determined by the legislation, both in administrative and criminal order – in accordance with 218 (tax avoidance) and 177 (fraud) acts. The aim of the present research is to consider the problems of tax violation, to systematize the issues related to the qualification of criminal acts in the area of taxation at establishing the fact of fraud with value added tax. The author systematized the elements of criminal acts’ compounds - fraud and tax evasion, the importance of the aspect of separating fictitious and real transactions during their classification, as well as addressed issues related to the offense ascertaining at the stage of its ending, in case of fraud with value added tax. There have been no previous investigations found on researching the phenomenon of tax fraud in Latvia through the prism of analysis of prevalence cause, types on manifestation of the phenomenon and ways of preventing and dealing with it. While researching the phenomenon of tax fraud, the author intends to examine the problem in greater details. The main conclusion, which relates to fraud with value added tax, is the fact that the Law system on Value Added Tax itself enables the unfair taxpayer to commit fraud. The lack of clear approach and criteria for the qualification of tax fraud has a negative impact on the effectiveness of preventing and dealing with this criminal act.

scholarly journals MENS REA AS THE BASIS OF DIVERSION IN THE CHILD CRIMINAL JUSTICE SYSTEM BASED ON RESTORATIVE JUSTICE

2021 ◽  
Vol 9 (04) ◽  
pp. 62-67
Author(s):  
Nur Chasanah ◽  
◽  
Arief Darmawan SU ◽  
Otto Yudianto ◽  
◽  
...  
Keyword(s):  
Restorative Justice ◽  
Criminal Law ◽  
Justice System ◽  
Research Method ◽  
Mens Rea ◽  
Criminal Cases ◽  
Legal Research ◽  
Government Regulations ◽  
Criminal Penalty ◽  
Criminal Procedure Law

Restorative justice or more precisely keadilan restoratif in the Indonesian context is based on the principle of building joint participation between perpetrators, victims, and community groups in resolving a criminal act. The problem has been that in the formulation of the laws and government regulations diversion (diversi) is carried out if a criminal act is committed by a child who is punishable by imprisonment under seven years other than that if criminal acts that were committed by a child is not a repetition of criminal acts (recidive). A research using a normative legal research method found that through legal findings or rechtsvinding (penemuan hukum), judges can formulate criminal law policies through their decisions based on mens rea. Tt is a must for judges to settle criminal cases with a child of 12-years-old age perpetrator and/or the delinguent actor is a recidive via diversion. The provisions of Indonesian criminal procedure law dicates that judges are also obliged to seek diversion towards the settlement of all criminal cases whose actions were committed by children, both those with a criminal penalty over seven years and/or recidive or those who does not included in the two categories.

scholarly journals A RESPONSABILIDADE CIVIL NA REMOÇÃO DE NAUFRÁGIOS

2020 ◽  
Vol 1 (58) ◽  
pp. 518
Author(s):  
Ingrid Zanella Andrade CAMPOS
Keyword(s):  
Literature Review ◽  
Criminal Law ◽  
Negative Impact ◽  
False Memories ◽  
Human Mind ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Criminal Process ◽  
High Incidence ◽  
Deductive Method

RESUMO Objetivo: O estudo objetiva compreender a capacidade da mente humana de criar falsas memórias e sua influência e incidência na prova testemunhal do processo penal. Aponta para a alta incidência de casos de falsas memórias no processo penal brasileiro. Assim, o objetivo é apresentar algumas medidas eficazes para mitigar a presença de faltas memórias durante a instrução em casos penais. Metodologia: Para atingir os fins esperados, a metodologia utilizada será documental, utilizando-se o método dedutivo, com caráter bibliográfico. Utilizou-se os métodos descritivo, bem como revisão bibliográfica. Resultados: Apresentam-se algumas medidas capazes de diminuir a presença de falsas memórias em testemunhos durante a instrução, de maneira a minimizar o impacto negativo na resolução dos casos penais, de falhas cognitivas usuais que caracterizam os processos mnemônicos.Contribuições: A contribuição do presente trabalho é reconhecer a relevância do trabalho multidisciplinar nos estudos das falsas memórias, na capacitação dos profissionais de Direito acerca deste aspecto e na integração de profissionais de outras áreas no ambiente do processo criminal, para buscar medidas e soluções que possam efetivamente diminuir o efeito das falsas memórias no processo penal, colaborando diretamente para decisões mais precisas na solução das matérias vinculados ao direito penal. Palavras-chave: Processo penal; prova testemunhal; falsas memórias. ABSTRACT Objective: The study aims to understand the capacity of the human mind to create false memories and its influence and impact on the testimonial evidence of criminal proceedings. It points out the high incidence of cases of false memories in the Brazilian criminal process. The objective is to present some effective measures to mitigate the presence of missing memories during instruction in criminal cases. Methodology: To achieve the expected purpose, the methodology used is documentary, using the deductive method with bibliographic character. Descriptive methods were used, as well as a literature review. Results: Some measures capable of reducing the presence of false memories in testimonies during instruction are presented, in order to minimize the negative impact on the resolution of criminal cases of usual cognitive flaws that characterize mnemonic processes. Contributions: The contribution of the present paper is to recognize the relevance of multidisciplinary work in the study of false memories in the training of law professionals on this aspect and in the integration of professionals from other areas in the criminal process environment to seek measures and solutions that can effectively reduce the effect of false memories in the criminal process, collaborating directly for more precise decisions in the solution of matters related to criminal law. Keywords: Criminal proceedings; testimonial evidence; false memories.

KONSEP RESTORATIVE JUSTICE MELALUI MEDIASI PENAL DALAM PENYELESAIAN PERKARA PIDANA BERMOTIF RINGAN PADA MASYARAKAT ADAT KAMPUNG KUALA GASIB DI KECAMATAN KOTO GASIB KABUPATEN SIAK

2018 ◽  
Vol 1 (4) ◽  
Author(s):  
ELMA YANTI
Keyword(s):  
Law Enforcement ◽  
Restorative Justice ◽  
Indigenous People ◽  
Criminal Case ◽  
Criminal Cases ◽  
Legal Research ◽  
Direct Participation ◽  
Criminal Offenses ◽  
Differences Of Opinion ◽  
Law Enforcement Officials

The settlement of criminal offenses with mild motives can be carried out by reasoning penal mediation called the restorative justice approach, which focuses on the direct participation of perpetrators, victims and the community. The research that use in this study is sociological legal research (social legal research). The concept of restorative justice through reasoning penal mediation in the settlement of a mildly criminal case for the indigenous people of village kuala gasib in koto gasib siak, was carried out with the intermediary of the headman. Headman as customary village heads and as government administrators have an important role in creating peace efforts in resolving disputes that occur in the community, one of which is through the settlement of criminal cases by reasoning penal mediation with the concept of restorative justice. The constraints of the concept of restorative justice through reasoning penal mediation in the settlement of mildly criminal cases for the indigenous people of village kuala gasib in koto gasib siak are: a) The absence of a special law mediation of regulation, b) Lack of facilities and infrastructure in mediating, c) Lack of mediator skills for village head to reconcile the parties to the dispute, d) There are differences of opinion among law enforcement officials about the concept of restorative justice through penal mediation

Historical Experience of Criminalization: to the Centenary of the Guiding Principles on Criminal Law of the RSFSR

2019 ◽  
pp. 31-35
Author(s):  
Ivan Kozachenko
Keyword(s):  
Criminal Law ◽  
Criminal Code ◽  
Historical Experience ◽  
Law System ◽  
Political Situation ◽  
Historical Method ◽  
Advantages And Disadvantages ◽  
Concept Planning ◽  
Guiding Principles ◽  
Definition Of

The creation of the Guiding Principles on the Criminal Law of the RSFSR of 1919 is studied taking into account extremely complicated internal and external political situation in the country at the beginning of the twentieth century. Using the methods of analysis, synthesis, as well as comparative and historical method, the author determines the significance of the Guiding Principles in the law system of the young Soviet state. Some key norms of the document are examined. In particular, the definition of criminal law is analyzed and its advantages and disadvantages are identified. It is noted that the definition of a crime was formulated too broadly, and more significant steps in criminalization of different acts were made with the adoption of the RSFSR Criminal Code of 1922. It is indicated which persons were not punished according to the Guidelines. Attention is drawn to the way in which such a method of protection as necessary defense was set forth in this act. The Guiding Principles are not without certain disadvantages: for example, the institution of complicity is not sufficiently disclosed, there is lexical redundancy in the definition of the concept «planning the offence». However, the discrepancies between the main provisions covered in the Guidelines are explainable and excusable, taking into account the historical situation at the time of their adoption. The analyzed document became the basis for Russian criminal law, and some of its provisions are still relevant.

Errors in the Application of the Criminal Law on Certain Corruption Crimes in Practice of Appeal and Cassation Courts

2020 ◽  
Vol 6 ◽  
pp. 72-80
Author(s):  
A. V. Galahova ◽  
Y. I. Antonov ◽  
Keyword(s):  
Criminal Law ◽  
Criminal Case ◽  
Criminal Cases ◽  
Retroactive Effect

The article is devoted to systematization of generalized appeal and cassation practice on errors in criminal cases of corruption crimes in 2017–2018. Errors are systematized in such areas as the unfairness of the sentence; the absence of a crime in the act; inconsistency of the conclusions of the court set out in the sentence, the actual circumstances of the criminal case; incorrect application of the provisions of the criminal law in time and its retroactive effect.

Theft and Fraud Committed Using Electronic Payment Systems (Regional Judicial and Investigative Practice)

2020 ◽  
Vol 2 ◽  
pp. 66-79
Author(s):  
S. L. Morozov ◽  
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Criminal Law ◽  
Legal Analysis ◽  
Payment Systems ◽  
Criminal Cases ◽  
Electronic Payments ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Russian Federation

The advent of the electronic currency and the effecting of electronic payments has caused new forms of thefts and types of acquisitive crimes. The judicial investigative practice of criminal cases of embezzlement committed using bank cards and other types of electronic payments has encountered problems with the qualification of such acts. The author identifies the most common enforcement problemsand their causesby a retrospective study of judicial practice, the changing norms of the criminal law. At the same time, a ten-year period of work of the judicial investigating authorities was studied. On the basis of traditional general scientific methods of cognition, as a result of a system-legal analysis of the considered set of specific situations, the author gives an author's view of the complex of causes that cause a lack of uniformity in judicial investigative practice. Using the hermeneutic approach, the author paid special attention to the application by the courts of the interpretation of the criminal law by the Plenum of the Supreme Court of the Russian Federation in different years. In conclusion, ways of resolving contentious issues of qualification of thefts and fraud in the field of electronic means of payment are proposed. It has been ascertained that high-quality and uniform law enforcement can provide additional clarification on the delimitation of related and competing theft from the Plenum of the Supreme Court of the Russian Federation. It is concluded that in general, the current concept of the Plenum of the Supreme Court of the Russian Federation does not contain contradictions with the novels of the criminal law, but can be improved. The rationale and edition of possible additions to the relevant decision of the Plenum of the Supreme Court of the Russian Federation are given.

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