scholarly journals PELAKSANAAN DEPONERING DALAM PERSPEKTIF ASAS EQUALITY BEFORE THE LAW

2017 ◽  
Vol 13 (1) ◽  
pp. 1-9
Author(s):  
Diska Kurnianto ◽  
Agna Susila ◽  
Yulia Kurniaty
Keyword(s):  
Attorney General ◽  
Analytical Techniques ◽  
Criminal Procedure ◽  
Public Prosecutor ◽  
Criminal Cases ◽  
Existing Problems ◽  
The Law ◽  
The Republic ◽  
Object Of Study ◽  
Chief Prosecutor

       This study examines and analyzes related criminal cases abuse in the criminal justice system in Indonesia under Law No. 16 of 2004 on the Prosecutor of the Republic Indonesia by closing a criminal case under the Code of Criminal Procedure (Criminal Procedure Code). This research method using a normative juridical approach to law (Statute Approach). Primary legal materials, secondary, and tertiary obtained by the author will be analyzed using analytical techniques interpretation of the law, namely: Content Analysis, which is used as a reference in resolving legal issues that become the object of study.        From the research results to the above method, the authors obtain answers to existing problems that the implementation case abuse accordance with the principles of opportunity in Article 35 letter c of Law Number 16 of 2004 on the Prosecutor of the Republic of Indonesia is still relatively small only be carried out by the Attorney General as the head chief prosecutor Court of the Republic of Indonesia in excluding criminal cases, and the closure of the case can be implemented by all prosecutors as the public prosecutor (prosecutor) without a process of public interest but can only be enforced closure of the case in the interest of law-related problems that menyangkat communities concerned in criminal cases.

scholarly journals Kedudukan dan Perlindungan Saksi Mahkota dalam Tindak Pidana Pencurian dengan Kekerasan (Studi Kasus Pengadilan Negeri Denpasar)

2020 ◽  
Vol 1 (1) ◽  
pp. 210-215
Author(s):  
Ni Made Elly Pradnya Suari ◽  
I Made Minggu Widyantara ◽  
Ni Made Sukaryati Karma
Keyword(s):  
Legal Protection ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Public Prosecutor ◽  
Criminal Cases ◽  
Conceptual Approach ◽  
Procedure Code ◽  
The Republic ◽  
Verification Process ◽  
Article 50

The presence of witnesses in the evidence is the keyword in disclosing the facts of criminal cases. The crown witness is often present at court. However, there are many differences of opinion in the Jurisprudence regarding the use of crown witnesses in court because there is no legal regulation that explicitly regulates the use of crown witnesses in criminal justice. Based on these problems, this study described how the protection of the rights of defendants as crown witnesses in criminal acts of theft with violence and how the position of crown witnesses in criminal acts of theft with violence. This research was designed using a normative legal research method and a conceptual approach. In the Criminal Procedure Code, there is no prohibition for a defendant to provide information for other defendants as far as using a splitsing system so that defendants who are crown witnesses still receive legal protection. The decision of the Supreme Court Number 1942 K / PID / 2012 which in its verification process used a crown witness. In this case, the public prosecutor presented the crown witness due to the lack of evidence especially witness testimony evidence. The role of the crown witness is very important to uncover criminal events because the defendant knows, sees, and commits criminal theft with violence. The result of this study showed that the protection of the rights of the defendant as a crown witness is equated with the rights of the defendant in general, which is regulated in Article 50 to Article 68 of the Criminal Procedure Code and witness rights set out in Article 5 of Law Number 31 of 2014. The position of the crown witness is justified in proof-based on the Circular Attorney General's Office of the Republic of Indonesia Number B-69 / E / 02/1997 of 1997 concerning Proof Law in Criminal Cases.

scholarly journals Basic Characteristics of Practical Application the Simplified Forms of Procedures in Criminal Cases of the Republic of Srpska // Osnovne karakteristike praktične primjene pojednostavljenih formi postupanja u krivičnim stvarima Republike Srpske

2018 ◽  
Vol 8 (8) ◽  
pp. 268
Author(s):  
Dragana Kosić
Keyword(s):  
Criminal Procedure ◽  
Plea Bargaining ◽  
Practical Application ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
New Approach ◽  
The Law ◽  
The Republic ◽  
Basic Characteristics ◽  
Penal Order

In the context of numerous measures taken to increase the efficiency of criminal proceedings, a special place belongs to the simplified forms of criminal cases proceedings. Inspired by the desire for saving time, costs and labour and avoiding formalities which seem unnecessary in routine cases, the simplified procedural forms are proposed to traditional criminal proceedings. In this context, the systematic reform of criminal procedural legislation has been executed, both at the level of Bosnia and Herzegovina and in its entities and the Brcko District BiH which has opened a completely new approach to criminal proceedings, in which the emphasis is not only on enhancing the protection of basic human rights and freedom but also the efficiency of the proceedings. The range of simplified and shortened procedures, the new criminal proceedings legislation in the Republic of Srpska is known through the following forms: witness immunity (Article 149 of the Law on the Criminal Procedure of the Republic of Srpska), plea of guilty (Article 244 of the Law on the Criminal Procedure of the Republic of Srpska), plea bargaining (Article 246 of the Law on the Criminal Procedure of the Republic of Srpska), procedure for issuing penal order (Article 358 of the Law on the Criminal Procedure of the Republic of Srpska). In this paper it will be discussed about practical application of the institutes from the aspect of the efficiency of criminal proceedings of the Republic of Srpska. The basic method that will be used in the theoretical part of the paper is a dogmatic and normative method, while in the second part of the paper the statistical method will be used.

scholarly journals The Interaction of the Investigator with the Body of Inquiry During the Investigation of Crimes in Criminal Cases of Extremism: The Problems and Ways of Their Solving

Legal Concept ◽  
2021 ◽  
pp. 65-73
Author(s):  
Vladimir Shinkaruk ◽  
Svyatoslav Biryukov ◽  
Alexander Rezvan
Keyword(s):  
Law Enforcement ◽  
Negative Impact ◽  
Criminal Procedure ◽  
Point Of View ◽  
The Body ◽  
Criminal Cases ◽  
Law Enforcement Agencies ◽  
Existing Problems ◽  
Law Enforcement Officials ◽  
The Law

Introduction: the issues of interaction of the investigator, as the central figure in the process of investigating crimes of extremism, continue to be the object of attention of scientists and practitioners. And this is not surprising, because the state of interaction of the investigator with the body of inquiry, the representatives of other services and departments, first of all, the law enforcement agencies directly depends on the speed of solving and the completeness of the investigation of each committed extremist crime, and this, in turn, affects the prestige of law enforcement agencies among the population and, as a result, the level of criminogenic situation. Despite the large number of recommendations available in the legal and specialized literature aimed at improving certain aspects of this type of activity of the person conducting the investigation, the dynamically developing criminal procedure legislation, as well as actively changing the operational-search and investigative practice, provide new food for analyzing the current state of interaction, in order to identify those newly emerging factors that negatively affect the organization and state of interaction of the main subjects of the investigation and which, ultimately, have a negative impact on the course and results of the investigation. In this regard, the authors aim to highlight some problematic issues that arise in the course of organizing and maintaining the proper level of interaction between the investigative body and other subjects of the investigation to ensure the prompt and comprehensive establishment of all the circumstances to be proved. Tasks: to describe the areas of interaction between the investigator and the body of inquiry during the investigation of crimes in cases of extremism; to give recommendations aimed at overcoming these problems. Methods: the methodological framework for the study is a set of methods of scientific knowledge, among which the main ones are the methods of information processing and logical analysis, synthesis, induction, deduction and generalization. Results: the authors’ point of view on the problems associated with the organization of interaction between the investigator and employees of other services and departments of the law enforcement agencies in order to uncover and investigate crimes of extremism, as well as the proposed ways to solve them, based on the analysis of modern operational and investigative practice, trends in the development of the current criminal procedure legislation make it possible to use them in the practical activities of the authorized law enforcement officials in their practical activities aimed at solving and investigating crimes. Conclusions: as a result of the study, the existing problems determined by the changes in the criminal procedure legislation and operational and investigative practice are identified, and the ways to overcome them are proposed in order to inform students in the field of training “Jurisprudence”, teachers of law schools, as well as practitioners in order to better understand the specifics of the investigation of crimes of this category.

scholarly journals Criminal procedure between the law and the politics

2006 ◽  
Vol 78 (9) ◽  
pp. 546-578
Author(s):  
Slobodan Beljanski
Keyword(s):  
Criminal Procedure ◽  
Critical Reception ◽  
Point Of View ◽  
Criminal Proceedings ◽  
Public Prosecution ◽  
Original Contribution ◽  
New Type ◽  
The Law ◽  
The Republic

The new Law on Criminal Procedure of the Republic of Serbia entered into force on June 10, 2006. It will apply starting from June 1, 2007 except for several provisions that have been effective ever since the Law entered into force. In this Article, the author has analyzed several new solutions from the first ten chapters of the Law from the logical, functional, historical and comparative point of view. The author concluded that the number of unacceptable and unnecessary solutions in this law seriously exceeded the number common for this kind of projects. It was hard to expect different result from the work which was done quickly and without critical reception with a noticeable intention of the authors to put their own original contribution to one, in fact, eclectic project. Since there is a lack of legal reasons, the author has outlined possible political intentions that might have been caused by the wish to show off with one more reformative project or from the intention to influence the criminal proceedings through the combination of the new type of investigation and current weakness of public prosecution. The line of new restrictive legal solutions, in which the goal is more dominant that the means to achieve the goal, and the measures to achieve the procedural discipline are more dominant than the care for rights brought the author to the conclusion that the reasons of palliative nature were the most crucial for some solutions and to the conclusion that since the justice was not able to get used to the application of good laws, the laws were simply adjusted to the bad justice.

scholarly journals Sticking to the Old Ways in the Plea-Bargaining Process: Some evidence from Malaysia

2020 ◽  
Vol 5 (SI1) ◽  
pp. 225-230
Author(s):  
Zaiton Hamin ◽  
Mohd Bahrin Othman ◽  
Ahmad Ridhwan Abd Rani
Keyword(s):  
Qualitative Methodology ◽  
Publishing House ◽  
Secondary Data ◽  
Criminal Procedure ◽  
Plea Bargaining ◽  
Primary Data ◽  
Criminal Cases ◽  
Bargaining Process ◽  
International Publishing ◽  
The Law

In Malaysia, the plea-bargaining process was formalized in 2010 with the amendment to the Criminal Procedure Code 1976, which was intended to reduce the number of criminal cases that could be resolved at the pre-trial stage. However, the law in action does not appear to be in line with the law in the statute book. Hence, this paper aims at examining the reality of the plea-bargaining process and the extent of the applications in Malaysia. This paper adopts a qualitative methodology, of which the primary data is obtained from semi-structured while the secondary data obtained from library-based sources.    Keywords: Plea-Bargaining Process; Criminal Procedure; Prosecutor; Defence Counsel.    eISSN: 2398-4287 © 2020. The Authors. Published for AMER ABRA cE-Bs by e-International Publishing House, Ltd., UK. This is an open access article under the CC BYNC-ND license (http://creativecommons.org/licenses/by-nc-nd/4.0/). Peer–review under responsibility of AMER (Association of Malaysian Environment-Behaviour Researchers), ABRA (Association of Behavioural Researchers on Asians) and cE-Bs (Centre for Environment-Behaviour Studies), Faculty of Architecture, Planning & Surveying, Universiti Teknologi MARA, Malaysia.   DOI: https://doi.org/10.21834/ebpj.v5iSI1.2324

scholarly journals Penal Mediation as the Concept of Restorative Justice in the Draft Criminal Procedure Code

2021 ◽  
Vol 5 (1) ◽  
Author(s):  
Emmanuel Ariananto Waluyo Adi
Keyword(s):  
Law Enforcement ◽  
Restorative Justice ◽  
Criminal Procedure ◽  
Criminal Cases ◽  
Law Enforcement Agencies ◽  
The Public ◽  
Procedural Law ◽  
Private Realm ◽  
Procedure Code ◽  
The Law

The law recognizes both litigation and non-litigation settlement mechanisms, but it is almost not explicitly regulated for non-litigation settlement in criminal cases. Non-litigation in criminal recognizes the concept of restorative justice for the public interest, which is different from the private realm in civil. The concept of restorative justice exists to rehabilitate the state of criminals so that they are accepted back into the community. The concept of restorative justice is manifested in the mediation mechanism in criminal law in the form of penal mediation, but penal mediation does not yet have a legal umbrella. The non-progressive normative application of the law results in the overcapacity of prisons/remand centres. Currently, the Draft Criminal Procedure Code (hereinafter as RKUHAP) is being drafted, which does not yet regulate the application of non-litigation solutions. Later, it can be applied by law enforcement agencies so that problems such as overcapacity prisons are resolved and the creation of peaceful order in the community. This study aims to provide a view of the concept of penal mediation in criminal procedural law to serve as an aspiration for the consideration of the parties involved in the preparation of the substance of the RKUHAP. This paper uses a normative approach with technical analysis using hermeneutic analysis and interpretation methods.

scholarly journals Pre-Trial in the Criminal Justice System in Military Criminal Judges in Indonesia

2021 ◽  
pp. 1-9
Author(s):  
Sugeng Sutrisno
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Justice System ◽  
Legal Protection ◽  
Criminal Procedure ◽  
Court System ◽  
Criminal Cases ◽  
Procedure Code ◽  
The Law ◽  
The Military

Law enforcement in the Military Court System in the settlement of criminal cases committed by TNI soldiers is seen as not yet fully guaranteeing legal protection for the rights of suspects, this is due to the absence of a control agency that oversees the actions of law enforcement officers in carrying out their duties and authorities as is the case in the system. General Court. This condition should not drag on indefinitely, because it will affect the law enforcement process and harm the suspect to fight for his rights to obtain justice which results in human rights violations (TNI soldiers). The purpose of the establishment of the Pretrial Institution is as stated in the Elucidation of Article 80 of the Criminal Procedure Code which states that this article intends to uphold law, justice, and truth through horizontal supervision. Settlement of criminal cases in Indonesia in addition to the Code of Criminal Procedure Code (KUHAP) which applies to civil society, we also recognize the existence of the Military Criminal Procedure Code which is regulated in Law Number 31 of 1997 concerning Military Courts, namely the law that regulates the procedure for resolving criminal cases. a criminal case committed by a TNI soldier. The Law on Military Courts includes the provisions of the litigation process (Military Criminal Procedure Law) starting from the investigation stage, submission of cases, the examination process at trial to the implementation of decisions. 31 of 1997 does not regulate pretrial. In several cases in the Military Court where a suspect was detained without a warrant for detention or was late in obtaining a warrant for detention, therefore such actions may conflict with the principles applicable in the provisions of criminal law so that they do not respect the position of the suspect as a creature created by God, even the act can lead to human rights violators. Therefore, in the military justice system in Indonesia, pretrial institutions are needed as a form of horizontal external supervision.

Konsep Penggabungan Antara NJOP dan Nilai Pasar dalam Pengadaan Tanah untuk Kepentingan Umum

2020 ◽  
Vol 6 (1) ◽  
Author(s):  
Muhammad Jibril ◽  
Arvel Mulia Pratama ◽  
Jinan Raidangi
Keyword(s):  
Social Justice ◽  
Mass Media ◽  
Public Interest ◽  
Secondary Data ◽  
Land Acquisition ◽  
Primary Data ◽  
The Public ◽  
Existing Problems ◽  
The Law ◽  
The Republic

Abstract: Land Acquisition for Development in the Public Interest in Indonesia still often causes polemic, as is still often found in various mass media. The problem in the implementation of land aquisition is because the Law of the Republic of Indonesia Number 2 of 2012 concerning Land Aquisition for Development in the Public Interest, and the Presidential Regulation that follows it, has not rigidly stipulated the basis for determining the compensation value used to determine the compensation value. This research was conducted by making a comparison between ius constitutum and in concreto events in the field. Primary data in this study were obtained byinterviewing several sources in August 2017, which can be accounted for, while the secondary data were obtained byliterature studies. Based on the research, it is known that there is injustice in determining the value of compensation to the entitled parties. Seeing this, the author tried to describe the existing problems and provide solutions tailored to the situation and conditions in land aquisition in Indonesia. This was intended to actualize the value of social justice in the aquisition of land for development in the public interest in Indonesia.Intisari: Pengadaan Tanah bagi Pembangunan untuk Kepentingan Umum di Indonesia masih sering menimbulkan polemik, sebagaimana yang masih kerap ditemui dalam berbagai media massa. Permasalahan dalam pelaksanaan pengadaan tanah disebabkan karena Undang-Undang Republik Indonesia Nomor 2 Tahun 2012 tentang Pengadaan Tanah Bagi Pembangunan Untuk Kepentingan Umum, serta Peraturan Presiden yang mengikutinya belum mengatur secara rigid tentang dasar penetapan nilai ganti kerugian yang digunakan untuk menetapkan nilai ganti kerugian. Kajian ini dilakukan dengan melakukan komparisi antara ius constitutum dengan peristiwa in concreto yang ada di lapangan. Data primer dalam kajian ini diperoleh dari hasil wawancara dari beberapa narasumber pada Agustus 2017 yang dapat dipertanggungjawabkan dan data sekunder dalam kajian ini diperoleh dari studi kepustakaan. Berdasarkan penelitian diketahui bahwa terdapat ketidakadilan dalam penetapan nilai ganti kerugian terhadap pihak-pihak yang berhak. Melihat hal tersebut penulis mencoba menguraikan permasalahan yang ada dan memberikan solusi yang disesuaikan dengan situasi dan kondisi dalam pengadaan tanah di Indonesia. Hal ini dimaksudkan untuk mengaktualisasikan nilai keadilan sosial dalam pengadaan tanah bagi pembangunan untuk kepentingan umum di Indonesia 

ISSUES ON THE JUSTIFICATION OF THE AMENDMENT OF THE CRIMINAL PROCEDURAL LEGISLATION OF THE REPUBLIC OF SERBIA FROM 2011

2021 ◽  
pp. 321-332
Author(s):  
MILOŠ STAMENKOVIĆ
Keyword(s):  
Social Context ◽  
Criminal Procedure ◽  
Basic Feature ◽  
Procedural Law ◽  
Procedure Code ◽  
Introductory Part ◽  
Social Dynamic ◽  
The Law ◽  
The Republic

The issue of the development of criminal procedural law is an extremely broad and complex consideration, one that is difficult to cover in one study. In this paper, the author will deal with the development of criminal procedural legislation of the Republic of Serbia by 2011 in the first part. The current Criminal Procedure Code, with its most recent amendments from 2019, is still based precisely on the mentioned Code. The systematic presentation of the development of criminal procedural legislation in the Republic of Serbia has been burdened with both numerous changes in legislative sources and changes in the broader social context. The issue of state frameworks and the validity of the law, therefore, often requires a review of the broader territorial framework and an understanding of this social dynamic. If one considers the period of formation of the Kingdom of Serbs Croats and Slovenes in 1918, the basic feature of criminal procedural law implied the particular interests of individual states and separate procedural arrangements. Following the above, which is in a way an introductory part, the paper will address the most important changes to the current Criminal Procedure Code in relation to the 2011 Criminal Procedure Code. After the Criminal Procedure Code of 2001 was repealed, the new Criminal Procedure Code of 2011 came into force, which regulates several issues in a whole new way. Finally, special attention will be paid to the inconsistency of the Criminal Procedure Code of 2011 with the Constitution of the Republic of Serbia.

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