scholarly journals Research on Legislative Countermeasures to the Difficulty of Executing the Fine Penalty

2016 ◽  
Author(s):  
Xiao-yu Li
Keyword(s):  
Fine Penalty

scholarly journals Study on the System of Penalty Substitution in Taiwan, China—Based on 494 Commutation Judicial Documents

2021 ◽  
Vol 17 (2) ◽  
pp. 83
Author(s):  
Weiwei Du
Keyword(s):  
Mainland China ◽  
Judicial System ◽  
Short Term ◽  
Comprehensive Review ◽  
Judicial Practice ◽  
Substitution System ◽  
Fine Penalty ◽  
Reasonable Range ◽  
Long Time

Although the penalty substitution system has not been established in mainland China, there is no lack of relevant discussion. Some scholars suggest that we should learn from the introduction of a commutation system to alleviate the disadvantages of short-term freedom penalty and the difficulty of fine penalty implementation; other scholars discuss the function and value of penalty substitution. In mainland China, short-term free penalty and fine penalty are statutory punishments for many crimes, and if the penalty replacement can be realized within a reasonable range, it can also alleviate the disadvantages of the execution of the penalty. The judicial system of Taiwan is rich in judicial practice and has a long time to revise. Based on legislative data and 494 judicial documents related to commutation in Taiwan, China, a comprehensive review of the penalty substitution system in Taiwan will help to explore the role and limitations of penalty substitution as an alternative to punishment.

scholarly journals THE DISCOMFORT OF THE JULY MONARCHY WITH DAUMIER’S GARGANTUA

2020 ◽  
Vol 8 (49) ◽  
Keyword(s):  
Domestic Politics ◽  
The Political ◽  
July Monarchy ◽  
The Press ◽  
Fine Penalty ◽  
Before And After ◽  
The Government ◽  
Political Economic ◽  
The Impact ◽  
Honore Daumier

Gargantua, a lithograph created by Honoré Daumier in 1831, portrayed the French king Louis-Philippe as a gluttonous giant who devours the labor of his people while sitting in a toilet-like throne, and attacked the king’s person and his government with a satirical manner. Apart from its portrayal of the king as a social cannibal, Gargantua also had a scatological humor by representing the king in defecating. For this reason, this lithograph was by no means tolerated by the July Monarchy that struggled to control over the press by censorship throughout its reign. In this research paper that aims to study the meanings and reasons behind Daumier’s portrayal of king Louis-Philippe as a ravenous giant in Gargantua, it will be discussed why this caricature, which the government both censored and sentenced Daumier to imprisonment and fine penalty, discomforted the king and his government so much. In this context, it will be briefly reviewed the political, economic and social conditions in France before and after the 1830 July Revolution in order to get a better understanding on the political atmosphere during the time when Daumier started to draw satirical caricatures for the journal, La Caricature. Later, it will be discussed Gargantua’s literary references, its implications to king Louis-Philippe and his government, the domestic politics in 1831, and the impact of lithography on increasing power of the press in France. Keywords: Honoré Daumier, Gargantua, lithography, political caricature, printmaking

scholarly journals Kebijakan Pidana Denda di KUHP dalam Sistem Pemidanaan Indonesia

2015 ◽  
Vol 10 (2) ◽  
pp. 248
Author(s):  
Indung Wijayanto
Keyword(s):  
Criminal Policy ◽  
Policy Formulation ◽  
Penal Code ◽  
Literature Study ◽  
Independent System ◽  
Alternative System ◽  
Fine Penalty ◽  
The Future ◽  
Cumulative System

Penelitian ini dilakukan untuk mengetahui kebijakan pidana denda di KUHP dalam sistem pemidanaan di Indonesia dan untuk mengetahui kebijakan formulasi pidana denda dalam RUU KUHP di masa datang. Jenis penelitian yang digunakan adalah yuridis normatif. Data yang digunakan adalah data sekunder. Teknik pengumpulan data dengan studi pustaka. Data yang diperoleh kemudian dianalisis secara kualitatif. Hasil penelitian menunjukkan bahwa KUHP merumuskan denda dengan minimal umum dan khusus. Jika denda tidak dibayar maka diganti pidana kurungan pengganti denda. Lamanya pembayaran denda tidak ditentukan. Pidana denda dalam KUHP dirumuskan secara alternatif dan mandiri. Konsep KUHP merumuskan pidana denda dengan minimal umum, minimal khusus dan maksimal khusus. Denda ditentukan dalam 6 kategori. Jangka waktu pembayaran denda ditentukan berdasar putusan hakim. Sistem perumusan pidana denda dalam Konsep KUHP dikelompokkan dalam tiga bagian, yaitu sistem kumulatif, sistem alternatif, sistem alternatif-kumulatif, dan sistem mandiri. KUHP merumuskan denda dengan minimal umum dan khusus. Pidana denda dalam KUHP dirumuskan secara alternatif dan mandiri. Konsep KUHP merumuskan pidana denda dengan minimal umum, minimal khusus dan maksimal khusus. Denda ditentukan dalam 6 kategori. Sistem perumusan pidana denda dalam Konsep KUHP dikelompokkan dalam tiga bagian, yaitu sistem kumulatif, sistem alternatif, sistem alternatif-kumulatif, dan sistem mandiri<br /><br /><br /><em>The purpose of this research are to knowing criminal policy of a fine on Penal Code in the punihsment system in indonesia and to knowing policy formulation of fines penalty in the Concept of KUHP in the future. Type of research that used is yuridis-normative methode. Data that used in this research is secunder data. The technic to collecting data is literature study. Then, all data are analized qualitatively. This research shows that code penal formulate formulate fine penalty in common minimal and special minimal. If the fine wasn’t payed, it’s replaced with confinement penalty of fine replacement. The duration of fine payment does not defined. Fine penalty is formulated alternaltively and independently. The Concept of Code Penal formulate fine penalty with common minimal, special minimal and special maximum. Fine penalty is defined in 6 category. The duration of fine payment is defined by judge. Formulated system of fine penalty in the Concept can be classified in three groups, they are cumulative system, alternative system, alternative-cumulative system, and independent system. The code penal formulate formulate fine penalty in common minimal and special minimal. Fine penalty is formulated alternaltively and independently. The Concept of Code Penal formulate fine penalty with common minimal, special minimal and special maximum. Fine penalty is defined in 6 category. Formulated system of fine penalty in the Concept can be classified in three groups, they are cumulative system, alternative system, alternative-cumulative system, and independent system.</em><br /><br />

scholarly journals SOSIALISASI RANCANGAN UNDANG-UNDANG PASAL 485 PADA PENANGGULANGAN CYBER SEX

2018 ◽  
Vol 3 (2) ◽  
pp. 241
Author(s):  
Yusnani Yusman ◽  
Magfirah Magfirah
Keyword(s):  
Local Government ◽  
Criminal Law ◽  
Islamic Law ◽  
Single Individual ◽  
Sexual Relations ◽  
Legal Research ◽  
Fine Penalty ◽  
The Law

The violation of the law is: "Article 32, which reads every person who played, display, use, possess or store pornographic products as referred to in Article 6 shall be liable to a maximum imprisonment of 4 (four) years and / or a maximum fine of Rp. 2,000,000,000.00 (two billion rupiah). (Note: Article 6 of each person is prohibited from playing, displaying, exploiting, memorizing or storing pornographic products as referred to in Article 4 paragraph (1), except those authorized by law". Islamic law views any extramarital sexual relations as adultery and threatening with punishment, whether the perpetrator is married or not, done likes it or not. Our source of law Qs, 24: 2: "The woman who commits adultery and the adulterer then hail every one of them a hundred times dera. This uses the method of empirical normative legal research, which is "Explaining what it is about a legal event or legal conditions. The municipal or local government seems impressed still in determining the termination of access to pornography or cybersex including socialization of positive criminal law about the crime of single adultery such as Draft Law Article 485. And the proposed criminal law of 2 years imprisonment or fine penalty of R 50,000,000.00 (Fifty million rupiahs) for a single individual. As the law of takzir.

scholarly journals THE PENAL CODE REFORMULATION IN ERADICATION OF NARCOTICS CRIME

2017 ◽  
Vol 2 (2) ◽  
pp. 124
Author(s):  
Iwan Ginting
Keyword(s):  
Penal Code ◽  
Deterrent Effect ◽  
Fine Penalty ◽  
High Penalty ◽  
Short Time

The high penalty of imposed fines aims to provide a deterrent effect and fear, both for the perpetrator of the criminal itself and for others. However, with the formulation of high penalty penalty threats and the granting of the possibility by the Act to replace the implementation of a fine with a subpoena of imprisonment in a short time cause the fine penalty in Law Number 35 Year 2009 is not effective.

scholarly journals Corporate criminal liability towards the doer of illegal, unregulated and unreported fishing in indonesia

2018 ◽  
Vol 47 ◽  
pp. 06003
Author(s):  
Rahadi Wasi Bintoro ◽  
Agus Raharjo ◽  
Tedi Sudrajat
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Theory Development ◽  
The Other ◽  
Deterrent Effect ◽  
Criminal Case ◽  
Iuu Fishing ◽  
Fine Penalty ◽  
Corporate Criminal Liability ◽  
The Given

The seas in Indonesia are so wide and its natural wealth (fish) just can be explored and exploited by the ships which are owned by corporation. Those ships are potential to do illegal, unregulated and unreported (IUU) fishing. Even though corporation might commit a crime but the corporation can not be asked yet for the criminal liability. Nevertheless, criminal liability is charged to corporation’s staff. This research is included as normative research based on the study of law material. Stipulation of Article 101 Law Number 45 year 2009 jo Law Number 31 year 2004 on fishery, state that the claim and sanction in fishery criminal case which done by corporation will be given to corporation’s staff in form of fine penalty and added third of the given penalty. This is a reverse of criminal law because the other fields make corporation as the doer and can be asked for their responsibility. The theory development on criminal corporation liability seems does not followed by law maker. Consequently, there is no deterrent effect towards the doer of fishery criminal corporation cases. It needs law amendment and insert the corporation criminal liability clause, so there is a visible deterrent effect for the doer.

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