scholarly journals Criminalization Analysis Of Gambling Crime In The District Court Of The Kudus And Policies That Will Come In Penal Code Reformation

2019 ◽  
Vol 2 (1) ◽  
pp. 53
Author(s):  
Jajang Supriyatna ◽  
Sri Endah Wahyuningish
Keyword(s):  
Local Governments ◽  
Criminal Code ◽  
District Court ◽  
Criminal Prosecution ◽  
Main Task ◽  
Trial Judges ◽  
Legalize Gambling ◽  
One Year ◽  
The Impact ◽  
Gambling Policy

The problem in this research are: 1) Criminal prosecution against perpetrators of the Gambling Crime in the Kudus District Court. 2) Analysis of the results verdict against Gambling Crime lawsuit in the District Court of the Kudus. 3) Policy gambling a criminal offense in the Criminal Code reforms to come.Based on the results of the study concluded that: the base of the sentencing process is any act, error, and criminal prosecution. The average charges for the Gambling Crime in the District Court of the Kudus is six (6) months to 1 (one) year, but the result of a prosecution is not equal to the verdict, the general judge handed down the verdict for the Gambling Crime in the District Court of the Kudus average four (4) months to seven (7) months. Viewed from the demands of the course judges are many considerations to decide a case because the trial judges take into consideration the facts and evidence which can relieve the perpetrator gambling. That the main task of a judge is not necessarily just dropped punishment to the offender only. But also think about the consequences of sentencing, as well as considering the impact effect of what will happen later after the imposition of the witness. Creating new regulations on the prohibition of local governments to grant licenses to interested parties regarding the organization of gambling regulations, although in article 303 refer to legalize gambling if there is permission from the competent government in accordance with the PPRI No.9 of 1981. Diction abolish multiple interpretations contained in Article 303 and 303 bus or in the Bill of Article 505 where about peberian permits authorized officials in acts legalize gambling. Make one article where criminal gambling is not only subject to imprisonment and a fine of course, but also deprived of their rights in the professionalism if the perpetrator of a criminal who works with the enhancement.Keywords: Punishment; Crime Actors; Gambling; Policy; Reform.

scholarly journals Dynamics of the Obligation to Register Birth Certificates as a part of the Right to Issuance Population Documents

2017 ◽  
Vol 2 (2) ◽  
pp. 234
Author(s):  
Winda Wijayanti
Keyword(s):  
Local Governments ◽  
Birth Certificate ◽  
Active Role ◽  
District Court ◽  
Birth Certificates ◽  
Constitutional Court ◽  
The Government ◽  
One Year ◽  
The Right ◽  
Improve State

The state is obliged to protect and recognise the legality of a person’s birth. Registration of birth in the form of a birth certificate is proof of one’s origin issued by the competent authorities. However, in practice, the time limit of one year given for such registration has proven a burden to citizens, such that complaint of constitutional damages has been brought before the Constitutional Court of Indonesia. Population administration is regulated under Act Number 23, Number 23 Year 2006 and amended by Act Number 24, Number 24 Year 2013 in accordance with Constitutional Court Decision 18/PUU-XI/2013. In order to take an active role in the registration of births, the government and local governments have to remove the deadline to report the birth of a child, as stipulated by the district court and as an effort to improve state responsibility. This requires that citizens have the "right to be heard" and, in future, there should be an integrated service from the government for the registration of births.

scholarly journals Kasus Pelecehan Seksual Dalam Transportasi Umum Menurut Putusan Pengadilan Negeri Jakarta Pusat

2017 ◽  
Vol 4 (1) ◽  
pp. 95-120
Author(s):  
Iqbal Ramdhani
Keyword(s):  
Sexual Abuse ◽  
Sexual Harassment ◽  
Public Transportation ◽  
Criminal Code ◽  
Court Decision ◽  
District Court ◽  
Criminal Offense ◽  
Tourist Attractions ◽  
Normal Women ◽  
One Year

Abstract.The act of sexual harassment is not strange anymore and it has happened everywhere, in offices, supermarkets, tourist attractions, malls, and public transportation. Ironically, victims of sexual abuse are not only normal women, but also women with disabilities. Cases of sexual abuse in this case have been tried in the Central Jakarta District Court. Decision of the Central Jakarta District Court No. 753 / PID.B / 2014 / PN.JKT.PST. The Panel of Judges stated and determined that the defendant had been proven and convincingly guilty of committing a criminal offense set out in article 290 of the first Criminal Code in conjunction with article 55 paragraph (1) of the first Criminal Code. Then the judge sentenced him to 1 (one) year and 6 (six) months imprisonment.Keywords: Sexual Harassment, Public Transportation, Jakarta Courts Abstrak: Tindakan pelecehan seksual sudah tidak aneh lagi dan sudah banyak terjadi dimana-mana, di kantor, supermarket, tempat wisata, mall, dan angkutan umum. Ironisnya korban pelecehan seksual itu tidak hanya perempuan normal, akan tetapi juga perempuan penyandang cacat. Kasus pelecehan seksual dalam hal ini sudah pernah diadili di Pengadilan Negeri Jakarta Pusat. Putusan Pengadilan Negeri Jakarta Pusat No. 753/PID.B/2014/PN.JKT.PST. Majelis Hakim menyatakan dan menetapkan bahwa terdakwa telah terbukti dan meyakinkan bersalah melakukan tindak pidana yang diatur dalam pasal 290 ke-1 KUHP jo pasal 55 ayat (1) ke-1 KUHP. Maka hakim menjatuhkan hukuman pidana penjara 1 (satu) tahun dan 6 (enam) bulan.Kata Kunci: Pelecehan Seksual, Transportasi Umum, Pengadilan Jakarta

scholarly journals The Criminal Justice System in Soviet Russia and the USSR (1917–1953): Emergence, Development and Transfer to the Lithuanian SSR

2016 ◽  
Vol 20 (1) ◽  
pp. 151-182
Author(s):  
Monika Kareniauskaitė
Keyword(s):  
Civil War ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Criminal Code ◽  
Criminal Prosecution ◽  
Legal Norms ◽  
Common System ◽  
The Impact ◽  
The Revolution

The aim of the article is to analyse the Soviet definition of crime, the structure and logic of Soviet criminal law, and the system of criminal prosecution developed by the Bolsheviks after the October Revolution of 1917, consolidated during the NEP and collectivisation, and reformed by Stalin and Andrey Vyshinsky in the mid-1930s. The research also examines the impact that these concepts, ideas, institutions, legal norms and practices had on newly occupied Soviet colonies, focusing on the case of the LSSR. First of all, the research demonstrates that the main laws, institutions and actors in the Soviet criminal justice system which functioned until the mid-1950s without radical changes were invented and defined just after the Revolution, Civil War and NEP. Impacted by Marxist philosophy, by the traditional Russian peasant mentality and pre-revolutionary Bolshevik experiences, the early Bolshevik criminal justice system already had features which became crucial to the implementation of Stalinist mass repressions. For instance, the criminal code of the RSFSR defined a crime as any act or omission dangerous to the Soviet order and state, but not as an act or omission prohibited by law – this was possible due to the ‘principle of analogy’. The criminal code of 1926, based on Bolshevik legal norms from the period of the Revolution and the Russian Civil War, was not replaced during the legal reform of the mid-1930s. The very same system was transferred to the Lithuanian SSR after the occupation. Despite some institutional differences, the main features did not vary from that of the RSFSR, and the two were linked in the common system, the Russian one having hierarchical superiority. ‘Union’ laws prevailed over republican ones. But in the LSSR, the process of colonisation in the field of the criminal justice system was difficult, due to the strong armed anti-Soviet resistance, and the lack of well-educated and loyal Soviet legal personnel.

scholarly journals Criminal Imprisonment for Criminal Offenses Insults the President after State Court Decision Number: 013-022 / PUU-IV / 2006 (Study on State Court Blora Decision Number: 47 / PID. SUS / 2017 / PN.Blora)

2020 ◽  
Vol 3 (1) ◽  
pp. 71
Author(s):  
Yustisi Yudhasmara ◽  
Umar Ma'ruf ◽  
Sri Endah Wahyuningsih
Keyword(s):  
Secondary Data ◽  
Criminal Code ◽  
The State ◽  
Court Decision ◽  
Primary Data ◽  
State Court ◽  
Final Conclusion ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
The Impact

The purpose of this study was to analyzing the impact of the juridical the removal of article criminal offense insult the president by the State Court Decision Number 013-022 / PUU-IV / 2006 as well as the consideration of Judges State Court of Blora in Decision No. 47 / Pid.Sus / 2017 / PN.Blora, as well as to analyze the existence of article insult the President in future be associated with the rise of social media.This study uses empirical juridical approach, the research specification descriptive. The data used in this study are primary data obtained from field studies that were analyzed qualitatively using the theory of criminal prosecution and criminal punishment, the theory of law enforcement and crime prevention theory. Then for secondary data obtained from ingredients documents or library materials.The final conclusion is that: The Impact of juridical when articles of insult against the President revoked, can damage the system in the inclusion of clauses concerning acts humiliation as a whole and also the revocation of article of insult against the President and Vice President do not have binding legal force so that their legal vacuum post the decision of the judge in the consideration while deciding the case No. 47 / Pid.Sus / 2017 / PN.Blora according to the indictment from the prosecutor. Because of Article 193 paragraph (1) of Act No. 8 of 1981 on Criminal Proceedings ( "Criminal Code") Existence of article insult the president in the future, should come up again all the rules, could reach the criminal insult the president with any form of media usedKeywords: Offense; insult the president; the State Court; RKUHP.

scholarly journals Relaxation of social distancing restrictions: Model estimated impact on COVID-19 epidemic in Manitoba, Canada

PLoS ONE ◽  
2021 ◽  
Vol 16 (1) ◽  
pp. e0244537
Author(s):  
Leigh Anne Shafer ◽  
Marcello Nesca ◽  
Robert Balshaw
Keyword(s):  
Mathematical Model ◽  
Local Governments ◽  
Closed Population ◽  
Social Distancing ◽  
Epidemic Curve ◽  
One Year ◽  
The Impact

Objectives The unprecedented worldwide social distancing response to COVID-19 resulted in a quick reversal of escalating case numbers. Recently, local governments globally have begun to relax social distancing regulations. Using the situation in Manitoba, Canada as an example, we estimated the impact that social distancing relaxation may have on the pandemic. Methods We fit a mathematical model to empirically estimated numbers of people infected, recovered, and died from COVID-19 in Manitoba. We then explored the impact of social distancing relaxation on: (a) time until near elimination of COVID-19 (< one case per million), (b) time until peak prevalence, (c) proportion of the population infected within one year, (d) peak prevalence, and (e) deaths within one year. Results Assuming a closed population, near elimination of COVID-19 in Manitoba could have been achieved in 4–6 months (by July or August) if there were no relaxation of social distancing. Relaxing to 15% of pre-COVID effective contacts may extend the local epidemic for more than two years (median 2.1). Relaxation to 50% of pre-COVID effective contacts may result in a peak prevalence of 31–38% of the population, within 3–4 months of initial relaxation. Conclusion Slight relaxation of social distancing may immensely impact the pandemic duration and expected peak prevalence. Only holding the course with respect to social distancing may have resulted in near elimination before Fall of 2020; relaxing social distancing to 15% of pre-COVID-19 contacts will flatten the epidemic curve but greatly extend the duration of the pandemic.

scholarly journals Tindak Pidana Penganiayaan tidak tepat Sasaran dalam Perspektif Pasal 351 ayat (2) Kitab Undang-Undang Hukum Pidana dan Hukum Pidana Islam (Analisis Putusan Majelis Hakim Pengadilan Negeri Bangkalan Nomor 431/pid.b/2018/pn bkl)

2020 ◽  
Vol 3 (2) ◽  
pp. 187-204
Author(s):  
R Arif Muljohadi ◽  
Abd Wahid ◽  
Abd Wahid
Keyword(s):  
Research Method ◽  
Criminal Code ◽  
District Court ◽  
Criminal Offense ◽  
Applicable Law ◽  
Library Research ◽  
The Law ◽  
One Year ◽  
Legal Force

The main problem in this research is regarding a persecution committed by the perpetrator as a result of being driven by emotions due to things that are not yet clear, so that what he has done results in harm to other people who do not have any problems with him. So it can be concluded that the perpetrator has committed a maltreatment on purpose but not on target.This type of research uses the library research method (Library Research), which is a technique by conducting an inventory of statutory regulations and documents, also using literature obtained from the decision of the Panel of Judges which has permanent legal force based on the decision of the Panel of Judges at the Bangkalan District Court Number: 431 / Pid.B / 2018.PN Bkl.The results of this study indicate that the technique of the criminal act of persecution either intentionally or unintentionally is an act that is prohibited in Islam. who later will get sanctions, while the sanctions obtained by the perpetrators of this criminal offense of persecution is the law of qishāsh as explained in the Nash Al-Qur'an, so that the substitute punishment for it is diyat or ta'zir. However, when viewed from the applicable law in Indonesia, the perpetrator is subject to imprisonment and a fine in accordance with Article 351 of the Criminal Code concerning maltreatment. Judging from the decision of the Panel of Judges Number 431 / Pid.B / 2018 / PN Bkl that the perpetrator is subject to imprisonment for 1 (one) year and 5 (five) months imprisonment and a case fee of Rp. 2000., (two thousand rupiah).

Asymmetrical Attribution of Performance in China

Asian Survey ◽  
2020 ◽  
Vol 60 (5) ◽  
pp. 978-1003
Author(s):  
Jacqueline Chen Chen ◽  
Jun Xiang
Keyword(s):  
Economic Development ◽  
Local Governments ◽  
Central Government ◽  
Cultural Theory ◽  
Political Trust ◽  
Mediation Model ◽  
Multilevel Mediation ◽  
Dual Pathway ◽  
Underlying Mechanisms ◽  
The Impact

Existing studies of the impact of economic development on political trust in China have two major gaps: they fail to explain how economic development contributes to the hierarchical trust pattern, and they do not pay enough attention to the underlying mechanisms. In light of cultural theory and political control theory, we propose adapting performance theory into a theory of “asymmetrical attribution of performance” to better illuminate the case of China. This adapted theory leads to dual pathway theses: expectation fulfillment and local blaming. Using a multilevel mediation model, we show that expectation fulfillment mainly upholds trust in the central government, whereas local blaming undermines trust in local governments. We also uncover a rural–urban distinction in the dual pathway, revealing that both theses are more salient among rural Chinese.

THE IMPACT OF DECENTRALIZATION ON THE DEVELOPMENT OF ENTREPRENEURSHIP IN UKRAINE

2017 ◽  
Author(s):  
Lyudmyla Mishchenko ◽  
◽  
Dmytro Mishchenko ◽  
Keyword(s):  
Social Entrepreneurship ◽  
Local Governments ◽  
Poverty Reduction ◽  
Social Protection ◽  
Local Community ◽  
Well Being ◽  
Economic Incentives ◽  
Social Enterprises ◽  
Infrastructural Support ◽  
The Impact

The actualization of the results of financial decentralization in Ukraine as part of the reform of decentralization of power and the development of proposals for its improvement is explained by the fact that a clear division of functions, powers and financial resources between national and regional levels is the basis for the well-being of our citizens. opportunities for its sustainable socio- economic development on a democratic basis. It is noted that financial decentralization is a process of giving authority to mobilize revenues and expenditures of local governments in order to increase the effectiveness of the implementation of these powers and better management of community budgets. It is established that unlike traditional entrepreneurship, which focuses on profit generation, the purpose of social entrepreneurship is to create and accumulate social capital. Abroad, social enterprises operate successfully in the fields of education, the environment, human rights, poverty reduction and health care, and their development and dissemination is one way to improve the living conditions of citizens. A similar mission is entrusted to local governments, which allows us to consider the revival of social entrepreneurship as an important element in improving self-government policy. It is determined that in modern conditions social entrepreneurship is one of the tools to ensure the ability of the local community to provide its members with an appropriate level of education, culture, health, housing and communal services, social protection, etc., as well as plan and implement programs efficient use of available natural and human resources, investment and infrastructural support of territorial communities. Due to financial decentralization, local governments have received additional resources that can be used to create economic incentives to promote social entrepreneurship in small and medium-sized businesses at the community level.

Harmonisasi terhadap Peraturan Daerah No. 14 Tahun 2006 tentang Pengelolaan Pelestarian Kawasan Konservasi Laut Daerah dalam Perlindungan Pulau Pariwisata Kabupaten Indramayu

2019 ◽  
Vol 1 (2) ◽  
pp. 142
Author(s):  
Saiful Kholik ◽  
Imas Khaeriyah
Keyword(s):  
Rule Of Law ◽  
Local Governments ◽  
Environmental Law ◽  
Policy Formulation ◽  
Marine Conservation ◽  
Environmental Damage ◽  
Conservation Area ◽  
The Rule Of Law ◽  
The Government ◽  
The Impact

Inconsistency Regional Regulation No.14 of 2006 about marine conservation area of the island of Biawak, Gososng, which Cendekian provides protection but in fact failed to provide protection as evidenced by dredging island sandbar and cendekian conducted PT.Pertamina UP VI Balongan INDRAMAYU. The problem in this research How Formulation Policy Act No. 10 Year 2009 on the Indonesian Tourism with the Indramayu Regional Regulation No. 14 of 2006 regarding marine conservation area of the island of Biawak, Gososng, Cendekian And How Harmonization Act No. 10 of 2009 with the Indramayu Regional Regulation No. 14 of 2006 regarding formulation Act No. 10 Year 2009 on the Indonesian Tourism with the Indramayu Regional Regulation No. 14 of 2006 about marine conservation area of the island of Biawak, Gososng, Cendekian, the purpose of this research to understand and analyze the extent to which policy The findings of the community or field of law local governments about the environmental damage done by companies or individuals are not equal accordance with regional regulations in force, nor the Law in force so that the function of law in society indramayu not fit the mandate to establish a change and justice based Formulation public corporate criminal liability.Inskonsitensi happens to local regulation No.14 of 2006 makes no harmonized with the regulations of each other so that the impact of this inskonsistensi makes the sector particularly environmental law enforcement get uncertainties that result in coastal communities Indramayau.Conclusion Harmonization of regulations of the center and regions delivering the policy formulation of the rule of law area to comply with the regulations above in order to avoid inconsistency, the occurrence of this inconsistency resulted in the rule of law and justice for the indramayu, suggestion that the government should was nearly revise regulations related area, especially the government must dare to take action to give effect to the perpetrator deterrent effect rule-based running as well as possible.

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