scholarly journals Perlindungan Hukum Bagi Anak Dalam Tindak Pidana Pencurian Dengan Kekerasan Yang Mengakibatkan Matinya Korban (Studi Putusan No. 37/Pid.Sus-Anak/2017/PN. Mdn)

2019 ◽  
Vol 1 (2) ◽  
pp. 183-192
Author(s):  
Tengku Fachreza Akhbar A ◽  
Maswandi Maswandi ◽  
Arie Kartika
Keyword(s):  
Criminal Law ◽  
Child Protection ◽  
Justice System ◽  
Legal Protection ◽  
Criminal Code ◽  
Legal Counsel ◽  
Prison Sentence ◽  
Next Generation ◽  
Juvenile Courts ◽  
History Of

Protection of children as perpetrators of crime will never stop throughout the history of life, because children are the next generation of the nation and the next generation of development, that is, the generation prepared as subjects for implementing sustainable development and controlling the future of a country. This type of research is normative juridical and descriptive analyst. The legal arrangements for the theft of violence with the result that the death of a victim is regulated in Article 365 of the Criminal Law Act, linked to Law 35 of 2014 Amendment to Law No.23 of 2002 concerning Child Protection, and Law No. 11 of 2012 Amendment to Law No. 3 of 1997 concerning Juvenile Courts. Legal protection that children get protection, accompanied by a Legal Counsel, Psychologist, the existence of peace efforts between the parties concerned. Sanctions and sentences in Decision No. 37 / Pid.Sus-Anak / 2017 / PN. Mdn because the perpetrators violated Article 365 paragraph (4) of the Criminal Code, considering Law Number 11 of 2012 concerning the Criminal Justice System for Children, the offender was sentenced to a prison sentence of six years.

scholarly journals The Place of the Criminal Justice for Children in the Legal System of Republic of Macedonia from Its Independence Until Today

2016 ◽  
Vol 6 (1) ◽  
pp. 46
Author(s):  
Blerta Arifi ◽  
Besa Kadriu
Keyword(s):  
Criminal Law ◽  
Legal System ◽  
Child Protection ◽  
Legal Protection ◽  
Criminal Code ◽  
Special Treatment ◽  
Historical Aspect ◽  
Republic Of Macedonia ◽  
Separate Branch ◽  
Criminal Legal System

In this paper the author will analyze the legal treatment of juvenile delinquency in Republic of Macedonia, in historical aspect of the development of its legislation. In this way it will be presented the place of the criminal law for juveniles in the criminal legal system of the country and its development during today. The study will be focused on the innovation of legal protection of delinquent children, especially it will be analyzed the sanctioning of juvenile perpetrators and their special treatment from the majors in Republic of Macedonia. It will be a chronological comparison reflect of the juvenile sanctioning based on some of laws in Macedonia such as: Criminal Code of Former Yugoslavia, Criminal Code of Republic of Macedonia (1996), Law on Juvenile Justice (2007) and Law on Child protection (2013). The purpose of the study is to bring out the types of criminal sanctions for juveniles in Republic of Macedonia from its independence until today which, above all, are aimed on protecting the interests of the juvenile delinquents. Also the author of this paper will attach importance to the so-called “Measures of assistance and protection” provided by the Law on Child protection of Republic of Macedonia, which represent an innovation in the country's criminal law. This study is expected to draw conclusions about how it started to become independent itself the delinquency of minors as a separate branch from criminal law in the broad sense – and how much contemporary are the sanctions to minors from 1996 until today.

scholarly journals Kebijakan Hukum Pidana dalam Penanggulangan Tindak Pidana Perdagangan Anak

2020 ◽  
Vol 1 (2) ◽  
pp. 374-378
Author(s):  
I Ketut Eka Yoga Juliantika ◽  
I Made Sepud ◽  
I Ketut Sukadana
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Criminal Law ◽  
Child Protection ◽  
Justice System ◽  
Criminal Code ◽  
Trafficking In Persons ◽  
Legal Research ◽  
Child Trafficking ◽  
Procedure Code

Children are often victims of child trafficking crime. There are a lot of factors that support the crime of child trafficking, one of which is the lack of regulation on child trafficking. Based on this background, this research was conducted with the aim of describing how the regulation of child trafficking and how the criminal law policy against child trafficking. This research was designed using a normative legal research method. The results of this study indicated that the regulation of child trafficking is regulated in Law No. 21 of 2007 concerning the Eradication of the Crime of Trafficking in Persons, the Criminal Code (KUHP), namely Article 297, Article 301, Article 324, Article 328, and Article 330, RI Law No. 21 of 2007 concerning the Eradication of the Crime of Trafficking in Persons, Law No. 35 of 2014 on Amendments to Law no. 23 of 2002 concerning Child Protection, and Law no. 11 of 2012 concerning the Juvenile Criminal Justice System. Furthermore, the criminal law policy against child trafficking is regulated in the Criminal Code, the Criminal Procedure Code, Law no. 21 of 2007 concerning the Eradication of the Crime of Trafficking in Persons, Law no. 11 of 2012 concerning the Child Criminal Justice System, and Law no. 35 of 2014 concerning amendments to Law no. 23 of 2002 concerning Child Protection.

scholarly journals PERLINDUNGAN HUKUM TERHADAP ANAK SEBAGAI KORBAN TINDAK PIDANA KESUSILAAN DALAM HUKUM PIDANA POSITIF SAAT INI

2016 ◽  
Vol 3 (2) ◽  
pp. 172
Author(s):  
Sri Endah Wahyuningsih
Keyword(s):  
Criminal Law ◽  
Child Protection ◽  
Government Regulation ◽  
Legal Protection ◽  
Criminal Code ◽  
Child Victims ◽  
Sexual Offenses ◽  
Victims Of Crime ◽  
Victim Protection ◽  
The Law

Problems of sexual offenses against children arising from the enforcement of the criminal law has not been oriented to the protection of victims, especially justice, but rather on the application of penalties on the offender. As a result, not make people afraid of committing a crime of morality, even more perpetrators of rape and sexual abuse against children. the problem in this research is how the provisions of the legal protection of children as victims of sexual offenses under criminal law are positive today.Legal protection of child victims of crime in the criminal law of chastity positive current on Article 287, 290, 292, 293, 294 and 295 of the Criminal Code and Article 81 and 82 of the Act.No. 23/2002, as amended. Act. No. 35 of 2014 as amended by Government Regulation No.1 / 2016 on the amendment of the Law No. 23/2002 on Child Protection, and when the victims are included in the scope of the household, then apply the provisions of Articles 46 and 47 of the Law. No. 23/2004 on the Elimination of Domestic Violence, and Law No. 31/2014 on Witnessand Victim Protection. weakness that emerged in the Act. No. 31/2014 is the absence of a provision governing the sanctions when players do not give restitution to the victims.

scholarly journals ON SOME ISSUES OF IMPROVING CRIMINAL LEGISLATION TO COMBAT CRIMES IN THE FIELD OF ECONOMIC ACTIVITY

2020 ◽  
pp. 30-36
Author(s):  
V.A. Poltarykhin ◽  
A.G. Maksimov
Keyword(s):  
Public Relations ◽  
Criminal Law ◽  
Economic Activity ◽  
Legal Protection ◽  
Practical Experience ◽  
Criminal Code ◽  
Current Crisis ◽  
Systematic Analysis ◽  
Current Economic Crisis ◽  
History Of

During world crises, there is a significant increase in crime, including economic. This obvious postulatetakes on a completely new meaning during the current economic crisis, possibly the most serious in theentire modern history of mankind. The current crisis has caused an explosive growth of digital technologies,which are ubiquitous in various economic processes. An effective criminal law, as the most repressivelegal instrument, is designed to ensure the greatest possible stability in the most unstable periods ofsociety’s life. Chapter 22 of the Criminal Code of the Russian Federation for many years has been criticizedby both scientists and practitioners. This study makes an attempt, based on a systematic analysis of thedoctrine of criminal law, the norms of special legislation, based on practical experience in law enforcementagencies, to identify the main shortcomings criminal legal protection of economic activity and to proposemechanisms for their elimination in order to increase the efficiency of protection of public relations fromillegal encroachments.

scholarly journals The Place of the Criminal Justice for Children in the Legal System of Republic of Macedonia from Its Independence Until Today

2016 ◽  
Vol 2 (4) ◽  
pp. 46
Author(s):  
Blerta Arifi ◽  
Besa Kadriu
Keyword(s):  
Criminal Law ◽  
Legal System ◽  
Child Protection ◽  
Legal Protection ◽  
Criminal Code ◽  
Special Treatment ◽  
Historical Aspect ◽  
Republic Of Macedonia ◽  
Separate Branch ◽  
Criminal Legal System

In this paper the author will analyze the legal treatment of juvenile delinquency in Republic of Macedonia, in historical aspect of the development of its legislation. In this way it will be presented the place of the criminal law for juveniles in the criminal legal system of the country and its development during today. The study will be focused on the innovation of legal protection of delinquent children, especially it will be analyzed the sanctioning of juvenile perpetrators and their special treatment from the majors in Republic of Macedonia. It will be a chronological comparison reflect of the juvenile sanctioning based on some of laws in Macedonia such as: Criminal Code of Former Yugoslavia, Criminal Code of Republic of Macedonia (1996), Law on Juvenile Justice (2007) and Law on Child protection (2013). The purpose of the study is to bring out the types of criminal sanctions for juveniles in Republic of Macedonia from its independence until today which, above all, are aimed on protecting the interests of the juvenile delinquents. Also the author of this paper will attach importance to the so-called “Measures of assistance and protection” provided by the Law on Child protection of Republic of Macedonia, which represent an innovation in the country's criminal law. This study is expected to draw conclusions about how it started to become independent itself the delinquency of minors as a separate branch from criminal law in the broad sense – and how much contemporary are the sanctions to minors from 1996 until today.

scholarly journals Child Criminal Justice Reconstruction System (As the efforts of Children's Rights in conflict with the Press Law According to Legal Aid)

2020 ◽  
Vol 2 (1) ◽  
pp. 206-213
Author(s):  
Adi Mansar
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Criminal Law ◽  
Child Protection ◽  
Justice System ◽  
Juvenile Justice System ◽  
Legal Protection ◽  
Problem Formulation ◽  
Special Child ◽  
The Republic

Third Amendment to Article 1 Paragraph (3) confirms that "The State of Indonesia is a State of Law". Indonesia the rule of law originating from Pancasila and 1945 Constitution as stipulated in the People's Consultative Assembly of the Republic of Indonesia Number III / MPR / 2000 Concerning Legal Sources and Order of Laws and Regulations. The basic rights stipulated in the constitution have then been regulated in several legislative regulations, for example Law Number 11 Year 2012 concerning the Juvenile Justice System in Consideration letter a reads "that the child is the trust and gift of God Almighty who has dignity and dignity as complete be a human". The letter b stated that "in order to maintain their dignity and status, children are entitled to special protection, especially legal protection in the justice system. Problem Formulation of How the Legal Arrangement of the Criminal Justice System for Children in Indonesia, How to Legal Instruments for the Protection of Children in Criminal Law. Fulfillment of the Rights of Children in conflict with the law should have been guaranteed since the child began to be determined as a suspect until the child began to carry out punishment/ guidance in Special Child Development Institute. .Recommendation of our Criminal System which is oriented towards coaching according to the purpose of punishment (objective theory) wherever possible provides education to children so that it is truly changing and aware. The Criminal Justice System for Children needs to be reconstructed specifically regarding the pattern of providing legal assistance, financing and special space for children in each prison, remand center in Indonesia. Child protection legal instruments in criminal law need to be updated, especially law enforcement with a miserable approach for children, so restorative justice needs to be grounded.  Keywords:

scholarly journals HISTORY OF ESTABLISHMENT AND DEVELOPMENT OF UKRAINIAN LEGISLATION ON CRIMINAL LIABILITY FOR INTENTIONAL DESTRUCTION OR DAMAGE OF HOUSING-RESIDENTIAL HOUSING

2020 ◽  
pp. 61-70
Author(s):  
Н. О. Сербіна
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Legal Protection ◽  
Criminal Code ◽  
Residential Housing ◽  
Stage Of Development ◽  
Communal Property ◽  
History Of ◽  
Characteristic Features ◽  
Criminal Legislation

The relevance of the article is that the history of the development of legal protection of housing and communal services cannot be separated from the history of legal protection of the institution of communal property in Ukraine as a whole. However, it still remains insufficiently studied. In the scientific literature there are only a few mentions of legal protection or property in general, which after 1990 was legally called communal and in the most characteristic features resembles this form of ownership, is its historical predecessor. Analysis of the most important sources of criminal law in Ukraine, which existed at one or another historical stage of its development, shows that at all times the state has consistently paid attention to the protection of communal property. The level of protection of these relations could be different, depending on the socio-economic, political and other conditions of society, but in this case the task of protecting communal property was performed by criminal law. Ensuring the inviolability of housing and communal services was carried out by criminal law, primarily by establishing liability for various encroachments on them as part of the institution of communal property. It was found that the criminal legislation of the second half of the XIX - early XX centuries. had a systematized nature, formed a system of rules on crimes related to the destruction and damage of housing and communal services, which has an extensive nature. The encroachment was differentiated according to the object, the features of the object and a number of other circumstances. It is determined that the current stage of development of criminal liability for destruction or damage to housing and communal services is associated with the adoption in 2001 of the new Criminal Code of Ukraine. It is concluded that initially the intentional destruction or damage of housing and communal services was treated in criminal law as a component of intentional destruction or damage to property, but later this phenomenon evolved into a separate crime. There is also an increase in the content of criminally punishable methods of intentional destruction or damage to housing and communal services.

International legal framework for the criminal legal protection of the embryo

2021 ◽  
pp. 296-308
Author(s):  
Nikolai A. Ognerubov
Keyword(s):  
Criminal Law ◽  
Legal Status ◽  
Assisted Reproductive Technologies ◽  
Legal Protection ◽  
Reproductive Technologies ◽  
Legal Framework ◽  
Criminal Code ◽  
International Aspects

In connection with the active development and use of assisted reproductive technologies, protection of the human embryo and its legal status issue is currently being actualized. We make an attempt to reveal and explain some of the international aspects of the criminal law protection of the life and rights of the embryo. We consider the concept of “embryo” not only from the point of view of various scientific approaches (medicine, biology, embryology, jurisprudence), but also from the legislative side. We present and analyze the first mention of the embryo in Roman private law in connection with modern domestic law. We carry out an analysis of international legal acts that provide protection of embryos both “in vitro” and “in vivo”, followed by consideration of specific criminal law norms of foreign countries, namely Brazil and Colombia. We pay attention to some of the most famous cases from the jurisprudence of the European Court of Human Rights in order to understand the applied international legal acts “de facto”. The study also takes into account modern domestic legislation and considers point “g” of part 2 of Article 105 of the Criminal Code of the Russian Federation.

scholarly journals Sanksi Pidana terhadap Pengasuh Tempat Penitipan Anak terhadap Kematian Anak yang Diasuh

2020 ◽  
Vol 1 (1) ◽  
pp. 120-124
Author(s):  
Gede Made Agus Paramartha ◽  
I Ketut Sukadana ◽  
I Made Minggu Widyantara
Keyword(s):  
Child Care ◽  
Child Protection ◽  
Care Service ◽  
Care Center ◽  
Legal Protection ◽  
Criminal Code ◽  
Child Care Center ◽  
Care Services ◽  
Legal Method ◽  
Child Care Service

Children are one of the gifts entrusted by God Almighty to every parent. They have the obligation to supervise and maintain the development of each child. Children should also be cared for properly by their parents, but it is not uncommon for children to be cared for by others through child care services. When a child is under supervision at a child care service, there is negligence by the caregiver which causes the death of the child. Based on this background, this study aimed to describe how the legal protection for children who are left in a child care center and what are the criminal sanctions for the caregivers of child care center toward child deaths. This research was conducted using the normative legal method. The results of this study showed that children who are left in a child care center get legal protection to prevent children from getting acts that threaten the child's psyche. Legal protection is specifically regulated in Law Number 35 of 2014 concerning child protection. In addition, the criminal sanction for caregivers of child care toward the death of a child refers to article 359 of the Criminal Code with the risk of a sentence of 5 years in prison.

scholarly journals Perlindungan Hukum terhadap Anak Sebagai Pelaku Tindak Pidana dari Perspektif Kemerdekaan Pers

2021 ◽  
Vol 2 (2) ◽  
pp. 233-237
Author(s):  
Kadek Mahadewi ◽  
I Wayan Rideng ◽  
Ida Ayu Putu Widiati
Keyword(s):  
Child Protection ◽  
Negative Impact ◽  
Code Of Ethics ◽  
Legal Protection ◽  
Children's Rights ◽  
Criminal Code ◽  
Children’S Rights ◽  
Press Freedom ◽  
The Press ◽  
Negative Impacts

Legal protection  for children  who consider  the law  is one important  aspect  that must  be considered   by all parties  to avoid  negative  impacts felt  by children  and children.   This  research  has  two problemformulations,     namely:   1) How  is legal protection   against  children  as  a  crime?  2)  What  are  the  implications   of press freedom which violates children's  rights as a crime? The method  used is nonnative legal  research.   The  implementation    of  press  freedom    in  reporting   is  not   in accordance   with  the  regulations   regarding  child  protection   and  the journalistic code of ethics because  efforts  are still being made  by the press  in reporting  about children  as a crime  whose identity  is published  in both print and electronic  media so that  it has a negative  impact  both physically.   and psychologically   to children. This requires  accountability  from the press  and sanctions  given  to the press  who violate children's  rights are regulated  in the Criminal  Code.

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