scholarly journals Decision of Linked with Narcotics Convicted in Act No. 35 Of 2009 in The District of Sumber Court

2018 ◽  
Vol 1 (3) ◽  
pp. 597
Author(s):  
Heni Agustiningsih ◽  
Sri Endah Wahyuningsih

Concomitant with the increasing number of criminal cases concerning criminal law talks even more into the spotlight. One criminal case whose numbers have increased is the narcotic crime. The doers are not limited to age, gender or social strata. Increasing this narcotic crime was accompanied by the use of increasingly sophisticated modus operandi so, make the legislators felt the need to establish a new law governing narcotics. Judge in deciding should consider the value of certainty, justice and the role of the judge is kemafaatan for law enforcement and justice. Article 1 (1) of Act No. 48 Of 2009 regarding Judicial Power.Keywords: Effectiveness; Criminal Law;� Narcotics.

2018 ◽  
Vol 1 (4) ◽  
Author(s):  
ELMA YANTI

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


2020 ◽  
Vol 6 ◽  
pp. 72-80
Author(s):  
A. V. Galahova ◽  
Y. I. Antonov ◽  

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.


2021 ◽  
Vol 8 (11) ◽  
pp. 78-88
Author(s):  
Ismaidar .

Corruption has become massive societal phenomenon that has been regarded as extraordinary crimes threatening Indonesian economy and impeding national development. All societal elements expect that it will not be unresolved problems. Until recently, criminal law policy in its attempt to eradicate corruption has more put emphasis on the perpetrator. Such policy on witness protection, in the criminal case of corruption, needs to be optimized because it can be an alternative legal instrument in the attempt to eradicate corruption. Law-enforcement authorities face difficulties in unfolding a corruption case because it is often well systematically planned. In many cases, witnesses are reluctant to report a corruption case because of threat, intimidation, and criminalization posed to them. Problems are (1) How is the regulation of witness protection act and the corruption eradication in Indonesia? (2) How is the urgency of witness protection in the criminal cases of corruption eradication? (3) How is criminal law policy on witness protection to facilitate the corruption eradication in Indonesia? This research employs normative juridical approach with the descriptive research type. Findings show that(1) the development of witness protection act in the corruption case is highly relate to the witness stand on the criminal justice system; (2) the urgency of witness protection in the corruption eradication process is highly related to the common occurrence of intimidation and threat toward the witnesses. It indicate that the witness and victim protection is an important and urgent legal aspect; (3) criminal law policy in the corruption eradication process put more emphasis on the perpetrators and less concern on the witnesses involved in legal investigation. It is necessary to optimize the role of LPSK in criminal law policy including in giving the protection to witness in the case of corruption eradication; therefore, it is important to conduct legal update on the witness protection act in the case of corruption eradication process. Keywords: Witness Protection, Corruption Eradication, Criminal Law Policy.


2017 ◽  
Vol 2 (1) ◽  
pp. 27
Author(s):  
Hambali Thalib ◽  
Sufirman Rahman ◽  
Abdul Haris Semendawai

The purpose of this research is to study the role of justice collaborator in uncovering who is the mastermind behind a major crime in the act of criminal law, and also not only end on a minor defendant (field defendant). The empirical law research methods is conducted on the Commission Eradication Commission (KPK) and the Witness and Victim Protection Agency (LPSK). The results shows that the role of justice collaborator facilitates the verification in the criminal judicial process in order to totally reveal the well-organized transnational crime. In this context, corruption in Indonesia is committed collectively, the existence of regulations on justice collaborator is a legal instrument that is expected to strengthen the collection of Form of Evidence dan Real Evidence at the trial


2020 ◽  
pp. 53-61
Author(s):  
A. G. Menshikova ◽  
E. I. Dumanskaya

The article provides a historical analysis of the legislative consolidation of the sign of «special cruelty» and related categories. The legal role of this feature at different stages of the formation of criminal law is determined. The authors consider scientific ideas regarding the interpretation of the concepts of «special cruelty», «torture», «torture» and other forms of cruel behavior in the doctrine of criminal law and law enforcement practice of the pre-revolutionary and Soviet periods. In conclusion, the continuity of the norms of the current criminal law in the application and determination of the sign of «special cruelty» is revealed, similar features and significant differences are determined.


2019 ◽  
Vol 2 (3) ◽  
pp. 96-105

Investigation of crimes against justice in Ukraine is among topical problems of miscarriage of justice. Hundreds of criminal cases are recorded as a crime in the Official Register in Ukraine but only a few have been brought to the court. In this article we try to approach this problem in three ways: from the point of view of criminal law, criminal procedure and criminalistic measures of counteraction to miscarriage of justice. Such an approach helps to demonstrate problems of investigator, prosecutor and judge at different stages of criminal proceeding. Special attention is paid to specific regulation of the issues of criminal proceedings against a certain category of persons, including judges. Mistakes of representatives of law enforcement bodies become visible as a result of analyzing of real criminal cases. Such an analysis is aimed to disclose the problem of counteraction to miscarriage of justice in Ukraine.


2021 ◽  
Vol 43 (2) ◽  
pp. 391-401
Author(s):  
Krzysztof Nowicki

At present, there is no doubt that a need exists to ensure the citizens’ right to have a criminal case examined by an independent and unbiased court. For the proper functioning of the court-based administration of justice to be possible, the courts must have the attribute of independence and the judges must be autonomous. These issues are regulated in international treaties to which Poland is a party. The aim of this study is to describe the role of judiciary independence and judicial autonomy in criminal cases. In order to achieve these goals, considerations will be presented on the essence of such independence and autonomy, and a reference will be made to the way the authoritarian state functioned after the May coup in the Second Polish Republic, and the totalitarian state during the era of the Polish People’s Republic.


2015 ◽  
Vol 23 ◽  
Author(s):  
Mohammad Abu Taher ◽  
Siti Zaharah Jamaluddin

Laws are made for implementation. Needless to say, the effective enforcement of laws depends on proper functioning of the law enforcement agencies. Both the Governments of Bangladesh and India have enacted a number of legislations relating to the issue of dowry. Payment of dowry is a social custom still prevalent in both countries where women have become victims of violence every year. Thus, it is the law enforcement agencies that can prevent the women from the menace of dowry-related crimes through the proper application of existing criminal law. In this context, the role of the law enforcement agencies concerning crimes of dowry is crucial. Enforcement of law is a continuous process from the time an offence is reported till the offender is prosecuted and punished. This is a long process involving various stages such as, investigation, prosecution, trial and judicial decision. In this long procedure numerous agencies e.g., the police, the judiciary and the lawyers play their roles. The article looks at the position in Bangladesh and India because unlike India, where there exists the dowry prohibition Officer who deals with dowry demands, Bangladesh lacks a similar enforcement mechanism. Thus, the objective of this article is to examine the position in both countries where the role and functions of the law and law enforcement agencies are made. The article is developed based on the analysis of secondary sources and the decisions of the judiciary of Bangladesh and India concerning dowry-related crimes.


2018 ◽  
Vol 1 (1) ◽  
Author(s):  
Dodik Hartono ◽  
Maryanto Maryanto

ABSTRAK�Penelitian dengan judul Peranan Dan Fungsi Praperadilan Dalam Menegakkan Hukum Pidana di Polda Jateng. Berdasarkan uraian dalam Tesis ini, permasalahan yang akan yang akan di teliti adalah: 1) Bagaimanakah fungsi dan peran praperadilan dalam penegakan hukum di Indonesia berdasarkan peraturan perundang-undangan yang berlaku? 2) Apa hambatan dalam pelaksanaan fungsi dan peran pra peradilan dalam penegakan hukum di Polda Jateng? 3) Bagaimanakah solusi dari hambatan dalam pelaksanaan fungsi dan peran pra peradilan dalam penegakan hukum di Polda Jateng?Hasil penelitian menyimpulkan bahwa : 1) Maksud dan tujuan utama yang hendak ditegakkan dan dilindungi, dalam proses praperadilan yaitu tegaknya hukum dan perlindungan hak asasi tersangka dalam tingkat pemeriksaan penyidikan dan penuntutan. Pasal 1 butir 10 KUHAP dipertegas dalam Pasal 77 KUHAP yang menyebutkan Pengadilan Negeri berwenang untuk memeriksa dan memutus, sesuai dengan ketentuan yang diatur dalam undang-undang. Wewenang pengadilan untuk mengadili dalam praperadilan dijelaskan dalam Pasal 95 KUHAP. 2) Hambatan dalam pelaksanaan fungsi dan peran praperadilan dalam penegakan hukum di Polda Jateng meliputi : a. hakim lebih banyak memperhatikan perihal dipenuhi atau tidaknya syarat-syarat formil penangkapan dan penahanan, atau ada tidaknya perintah penahanan dan sama sekali tidak menguji dan menilai syarat materilnya. b. setiap pelaksanaan upaya paksa selalu ada perenggutan HAM. c. pemeriksaan untuk melakukan penahanan, masih ada penyalahgunaan dalam tahap penyidikan oleh Polisi dan penuntutan oleh jaksa. d. selain luasnya kewenangan penyidikan dalam menentukan bukti permulaan yang cukup, pengawasan terhadap kewenangan tersebut juga lemah. 3) Solusi dari hambatan dalam pelaksanaan fungsi dan peran praperadilan dalam penegakan hukum di Polda Jateng meliputi : ����������� a. Diperlukan upaya kontrol terhadap setiap aparat penegak hukum pada lembaganya masing-masing secara vertikal. b. KUHAP perlu direvisi khususnya mengenai mekanisme saling mengawasi antara penegak hukum dan lembaga dalam subsistem peradilan. c. diperlukan peran aktif hakim dalam menggunakan kewenangannya pada saat pemeriksaan pokok perkara untuk mempertimbangkan penyidikan atau penuntutan yang tidak sesuai dengan ketentuan hukum acara atau yang melawan hukum guna menghindari penyalahgunaan HAM. d. dalam tahap ajudikasi, hakim seharusnya berkonsentrasi untuk menentukan hasil pembuktian di persidangan dan dalam tahap ini, hakim dapat menilai apa yang terjadi dalam tahap praajudikasi.Kata Kunci : Peranan dan Fungsi, Praperadilan, Penegakan Hukum Pidana�ABSTRACT�Research with the title Role And Practice Function In Enforcing Criminal Law in Central Java Regional Police. Based on the description in this Thesis, the issues that will be examined are: 1) How is the function and role of pretrial in law enforcement in Indonesia based on the prevailing laws and regulations? 2) What are the obstacles in the implementation of pre-justice functions and roles in law enforcement in the Central Java Regional Police? 3) How is the solution of the obstacles in the implementation of functions and the role of pre-judiciary in law enforcement in Central Java Regional Police?The results of the study conclude that: 1) The main purpose and objectives to be upheld and protected, in the pre-trial process, namely the enforcement of the law and the protection of human rights of suspects in the level of investigation and prosecution investigation. Article 1 point 10 of the Criminal Procedure Code is affirmed in Article 77 of KUHAP stating that the District Court has the authority to examine and decide upon, in accordance with the provisions stipulated in law. The jurisdiction of the courts to adjudicate in pre-trial is described in Article 95 of the Criminal Procedure Code. 2) Obstacles in the implementation of functions and the role of pretrial in law enforcement in Central Java Police include: a. judges pay more attention to whether or not the formal conditions for arrest and detention, or whether there is a detention order and not test and judge material requirements at all. b. every execution of forced efforts is always a rush of human rights. c. checks for detention, there is still abuse in the investigation stage by the Police and prosecution by the prosecutor. d. besides the extent of investigative authority in determining sufficient preliminary evidence, the oversight of the authority is also weak. 3) Solutions from obstacles in the implementation of functions and pretrial roles in law enforcement in Central Java Police include: a. Control of each law enforcement apparatus is required on each institution vertically. b. The Criminal Procedure Code needs to be revised, especially regarding the mechanism of mutual supervision between law enforcement and institutions within the judicial system. c. an active role of the judge in the use of authority at the time of examination of the principal matter to consider investigations or prosecutions that are not in accordance with the provisions of procedural law or against the law in order to avoid abuse of human rights. d. in the stage of adjudication, the judge should concentrate on determining the results of the evidence in the hearing and in this stage the judge can judge what happened in the pre-certification stage.Keywords: Roles and Functions, Pretrial, Criminal Law Enforcement


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