scholarly journals CRIMINAL LIABILITY OF FISHERY PERPETRATOR ACCORDING TO FISHERY LAW NUMBER 45 OF 2009 CONCERNING AMENDMENT TO LAW NUMBER 31 OF 2004

2020 ◽  
Vol 3 (2) ◽  
pp. 127-139
Author(s):  
Yulia Monita ◽  
Nys. Arfa ◽  
Zulham Adamy
Keyword(s):  
Criminal Liability ◽  
The State ◽  
Criminal Offenses ◽  
Qualitative Descriptive ◽  
The Law ◽  
Administrative Sanctions ◽  
Approval Letter

Many occurrences of fisheries criminal offenses make the writer interested to learn about criminal provisions and the responsibility of the perpetrators according to Law No. 45 of 2009 concerning amendments to Law No. 31 of 2004 concerning Fishery. By studying, understanding, and analyzing these articles of law, the author significantly obtains the picture of whether this Fishery Law is appropriate and able to force the perpetrator of their responsibility for their actions. The purposes of this paper are 1) To analyze the patterns of fishery criminal so the perpetrators could be charged their responsibilities according to Law No. 45 of 2009, 2) To study and analyze how to determine the penalties according to the Law No. 45 of 2009. This paper is a qualitative descriptive. The method of this research is normative law with conceptual and institutional approaches. The result of the study showed that legislation in Indonesia relating to Fisheries, administratively, there are still several articles that are sticking out and controversy according to Law No. 45 of 2009 concerning amendments to Law No. 31 of 2004 concerning Fishery. For small fishermen who do not have a Yachting Approval Letter (SPB) in Indonesia should be subjected to administrative sanctions such as paying compensation. If administrative sanctions are not implemented, then the principle of ultimum remedium can be applied as a last choice in violations of fisheries and there are still several articles that are detrimental to the interests of the State as well as the interests of local fishermen which, if seen from criminal liability, may be imposed.

scholarly journals Criminal Sanctions for Legal Entities in the Law of the Republic of Serbia

2020 ◽  
Vol 10 (10) ◽  
Author(s):  
Dragan Jovašević
Keyword(s):  
20Th Century ◽  
Criminal Liability ◽  
The State ◽  
International Standards ◽  
Security Measures ◽  
Criminal Sanctions ◽  
Criminal Offenses ◽  
Legal Nature ◽  
The Law ◽  
The Republic

In 2008, the Republic of Serbia adopted a special Law on Liability of Legal Persons for Criminal Offenses. In doing so, on the basis of the international standards contained in the relevant international documents, it joined a large number of countries that introduced criminal liability of legal persons for crimes committed in addition to their responsible persons at the end of the 20th century. For legal persons, the law prescribed a disparate system of criminal sanctions in response to the state-society’s response to such unlawful and punishable conduct. The system of criminal sanctions in the law of the Republic of Serbia includes: penalties, probation and security measures. The law defined the concept, character, legal nature, manner, procedure, pronouncement and execution of criminal sanctions, whose characteristics this particular work speaks of.

scholarly journals Pertanggungjawaban terhadap Tindak Pidana Penyelundupan Sepeda Motor Harley oleh Direktur PT. Garuda Indonesia

2021 ◽  
Vol 2 (3) ◽  
pp. 500-504
Author(s):  
I Dewa Gede Pramana adhi ◽  
I Nnyoman Gede Sugiartha ◽  
I Made Minggu Widyantara
Keyword(s):  
Developing Country ◽  
Research Methods ◽  
Criminal Law ◽  
Criminal Liability ◽  
The State ◽  
Legal Research ◽  
Conceptual Approach ◽  
The People ◽  
The Law ◽  
Administrative Sanctions

Indonesia is a developing country where each region has its own natural wealth. This advantage cannot be used because there are many people who send out of the region without permission and vice versa, goods from outside countries are smuggled into Indonesia only to avoid the applicable taxes. This study aims to examine the regulation of smuggling in criminal law in Indonesia and reveal the responsibility of the director of PT. Garuda Indonesia, which carried out the act of smuggling luxury motorcycles. This research is a type of normative legal research conducted with research methods based on legal materials, while the problem approach used is a legislative and conceptual approach. Sources of data used are primary and secondary legal materials. Another bad example is shown by one of the people who has a big name in Indonesia, the smuggling case by the president of Garuda Indonesia is an illustration of how weak the law in Indonesia is and this incident has resulted in criminal and administrative sanctions. The results of the study indicate that the regulation of smuggling crimes in Indonesia is contained in Law Number 17 of 2006 concerning Customs. Handling of violations of customs provisions is more focused on the fiscal settlement, namely in the form of payment of a sum of money to the State in the form of a fine. The criminal liability of smugglers is regulated in Law No. 17 of 2006 the president director of PT. Garuda Indonesia is threatened with criminal and administrative sanctions

Killing through negligence and its distinction with other kinds of murder

2021 ◽  
Author(s):  
Vladimir Myslivyy ◽  
Angelina Mykyta
Keyword(s):  
Criminal Law ◽  
Human Life ◽  
Criminal Liability ◽  
Criminal Code ◽  
The State ◽  
Sufficient Information ◽  
Main Body ◽  
Common Features ◽  
Criminal Offenses ◽  
The Common

Problem setting. According to Art. 27 of the Constitution of Ukraine, everyone has an inalienable right to life, no one can be arbitrarily deprived of life, and the state, in turn, is obliged to protect human life. Protection of a person’s life, as a duty of the state, is manifested in the establishment of criminal liability, enshrined in Section II “Criminal offenses against life and health of a person” of the Criminal Code of Ukraine, who commit socially dangerous acts. whether there are criminal offenses and what punishments they should be committed. The distinction between crimes such as premeditated murder and negligent deprivation of another’s life is important, as criminal law theory still does not have sufficient information on this issue and does not have a complete list of features of the above crimes, but we tried to identify them in our article. Target of research. Deepening their knowledge on the caution of a person’s life due to inconsistency and drawing the line between possible offenses and conditional authority, clarifying the special characteristics of the perpetrator and the victim, outlining the essential features of the perpetrator and the victim, and researching the regulation of negligent proposal of a new version of the Criminal Code of Ukraine. Analysis of resent researches and publications. The theoretical basis for the study of the problem of murder through negligence are the works of legal scholars, in particular, M. Bazhanov, V. Borisov, S. Borodin, V. Glushkov, O. Gorokhovskaya, I. Zinchenko , V. Tyutyugin, O. Us, E. Kisilyuk, V. Kuts, M. Yefimov, S. Likhova, V. Stashis, V. Shablisty and others. Article’s main body. According to Art. 3 of the Constitution of Ukraine, man, his life and health, honor and dignity, inviolability and security are recognized in Ukraine as the highest social value. Given this constitutional provision, the legislator should pay special attention to the criminal law protection of human life and health as the most important public relations. So it is no coincidence that considering such encroachments as one of the most dangerous in the criminal law dimension, the legislator established criminal liability for their commission in Section II “Criminal offenses against life and health” of the Special Part of the Criminal Code of Ukraine. Due to the high public danger and the high prevalence of criminal offenses against human life and health, criminal law theory and law enforcement practice are under increasing scrutiny. Thus, the analysis of judicial practice in recent years shows that, for example, among all murders (Articles 117-119 of the Criminal Code of Ukraine) the number of persons convicted of deprivation of life due to negligence is about 15 percent annually. In our opinion, it is also advisable to analyze the concept of “murder” by comparing the common and distinctive features of the offenses referred to in Art. Art. 115 and 119 of the Criminal Code of Ukraine. According to scientific results, we can conclude that these offenses have many common features. It is possible to understand the common features and preconditions for the spread of these types of offenses. Conclusions and prospects for the development. A study of issues related to the criminal law analysis of murder through negligence and its difference from other types of murder, shows that these acts encroach on the identical object, which is “human life as a set of social relations.” Unfortunately, nowadays the dynamics of offenses committed in Art. Art. 115 and 119 is intensifying, so consideration of their delimitation and characterization of their features is very important. The study examines the main features of these types of crimes, as well as analyzes some provisions of national law and proposes some adjustments to them.

scholarly journals Penegakan Hukum Pidana Terhadap Anak Yang Terjerat Perkara Pidana Melalui Diversi (Studi Di Polrestabes Medan)

2020 ◽  
Vol 3 (1) ◽  
pp. 78-84
Author(s):  
Akalafikta Jaya ◽  
Triono Eddy ◽  
Alpi Sahari
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Juvenile Justice System ◽  
Criminal Liability ◽  
Criminal Case ◽  
Criminal Cases ◽  
Criminal Convictions ◽  
Criminal Offenses ◽  
The Law

In the past, the punishment of children was the same as the punishment of adults. This causes the psychological condition of children ranging from investigation, investigation and trial to be disturbed because it is often intimidated by law enforcement agencies. Under these conditions, Law No. 11 of 2012 concerning the Juvenile Justice System was born. One of the reforms in the Child Criminal Justice System Law requires the settlement of a child criminal case by diversion. Based on the results of research that the conception of criminal offenses against children in conflict with the law in Indonesia is different from criminal convictions to adults. Children are given the lightest possible punishment and half of the criminal convictions of adult criminal offenses. That criminal liability for children who are ensnared in a criminal case according to the Law on the Criminal Justice System for Children is still carried out but with different legal sanctions from adults. Criminal imprisonment against children is an ultimumremedium effort, meaning that criminal imprisonment against children is the last legal remedy after there are no other legal remedies that benefit the child. That the concept of enforcement of criminal law against children caught in criminal cases through diversion is in fact not all have applied it. Some criminal cases involving children as the culprit, in court proceedings there are still judges who impose prison sentences on children who are dealing with the law.

Cyber crime, computer crime or cyber offense? The analysis of the features of a terminology application

2021 ◽  
pp. 85-90
Author(s):  
R. Baranenko
Keyword(s):  
Computer Networks ◽  
Cyber Security ◽  
Criminal Liability ◽  
Computer Systems ◽  
Criminal Code ◽  
Computer Crime ◽  
International Treaties ◽  
Computer Data ◽  
Criminal Offenses ◽  
The Law

Today cybercrime and computer terrorism are identified as one of the threats to Ukraine’s national security in the information sphere. Cybersecurity measures include achieving and maintaining security features in the resources of an institution or users, aimed at preventing relevant cyber threats. Cybercrime is a set of criminal offenses committed in cyberspace by computer systems or by using computer networks and other means of access to cyberspace, within computer systems or networks, as well as against computer systems, computer networks and computer data, has been widely developed. The paper considers such terms as «computer crime», «information crime», «crime in the field of computer information», «crimes in the field of information technology». Scientific works of domestic and foreign researchers on the issues of countering cybercrime are analyzed. The connection of the concept of «cybersecurity» with the terms «cybercrime», «computer crime» and «cybercrime» the concepts of «cybercrime» was given. The difference in the interpretation of the concepts «cybersecurity» and «information security» was considered. The definitions of «cybercrime», «computer crime» and «cyber offense» were given for comparison. Their main features were considered. The concept of «computer victimhood» and its components were considered. With the introduction of the institute of criminal offenses in the national criminal law, the terms «cybercrime» and «computer crime» should lose their relevance, as evidenced by the change of title of Chapter XVI of the Criminal Code of Ukraine to «Criminal offenses in the use of electronic computing machines (computers), systems and computer networks and telecommunications networks». Therefore, instead, we can recommend the use of the term «cyber offense», which we propose to understand as «socially dangerous criminal act in cyberspace and/or using it, liability for which is provided by the law of Ukraine on criminal liability and/or which is recognized as a criminal offense by international treaties of Ukraine, and cybercrime is a set of cyber offences». It is clear that this will require the introduction of appropriate terminological changes in the Law of Ukraine «On the Basic Principles of Cyber Security of Ukraine» and other regulations.

scholarly journals PERTANGGUNGJAWABAN PELAKU TINDAK PIDANA PEMBUNUHAN BERENCANA YANG DILAKUKAN OLEH ANAK (Studi Putusan Pengadilan Negeri Nomor 16/Pid.Sus-Anak/2016/PN.Cbn)

2020 ◽  
Vol 19 (2) ◽  
pp. 114-136
Author(s):  
Djesi Ariani
Keyword(s):  
Legal System ◽  
Criminal Liability ◽  
Legal Protection ◽  
Court Decision ◽  
District Court ◽  
Human Being ◽  
Criminal Offenses ◽  
High Regard ◽  
The Law

AbstractChildren are a mandate from God Almighty which is inherent in their dignity as a whole human being. Every child has dignity and value that is worthy of high regard and every child born must have his/her rights without the child's request. The problems in this thesis are: the responsibility of children as perpetrators in criminal acts of premeditated murder in the Indonesian legal system, legal protection against children as perpetrators of criminal offenses planned in District Court Decision Number 16 / Pid.Sus-Anak / 2016 / PN.Cbn , the legal considerations of the judges against children as perpetrators of premeditated murder in District Court Decision Number 16 / Pid.Sus-Anak / 2016 / PN.Cbn.Legal Protection of Children in Criminal Acts Based on Law Number 11 Year 2012, from the results of the study, it is stated that children who are dealing with the law, including children as victims or children as perpetrators of crime, it is appropriate for children who are in conflict with the law to get legal protection both as the perpetrators or as the victims.Keywords: Criminal Liability, Planned Murder, Children

scholarly journals Relations of crimes of different gravity degree in the Criminal code of Ukraine

2020 ◽  
Vol 1 (1) ◽  
pp. 153-157
Author(s):  
Oleksandra Skok ◽  
Inna Shylo
Keyword(s):  
Economic Activity ◽  
Criminal Liability ◽  
Criminal Code ◽  
Criminal Offenses ◽  
Special Part ◽  
The Law ◽  
The Impact

The article deals with the classification of criminal offenses in the current Criminal Code of Ukraine. All the crimes, the responsibility for which are established in the Special part of the Criminal Code of Ukraine, are analyzed and on the basis of this detailed description of crimes of small gravity, crimes of moderate gravity, serious and especially serious crimes is carried out. According to Art. 12 of the Criminal Code of Ukraine, depending on the severity of the crimes are divided into crimes of small severity, moderate, serious and especially serious. The legislative classification of crimes was made taking into account the type of punishment (fine and imprisonment), as well as the amount of punishment. This is the norm of the current Criminal Code acquired in accordance with the Law «On Amendments to Certain Legislative Acts of Ukraine on the Humanization of Liability for Offenses in the Field of Economic Activity» of November 15, 2011 No. 4025-VI. The percentage of different categories of crimes has been analyzed and the impact of the severity of crimes on some criminal liability issues has been determined. A study of the ratio of minor crimes to other categories of crimes showed that minor crimes constitute a fairly significant category of crimes, compared to others, namely 24.9%. In the Special Part of the Criminal Code, there is a «sharp jump» from the category of minor crimes to the category of especially serious crimes, which is connected with the occurrence of especially grave consequences in the qualified criminal offenses.

scholarly journals Peculiarities of interaction of investigators with operative subdivisions of the National Police of Ukraine.

2021 ◽  
Vol 3 (3) ◽  
pp. 289-293
Author(s):  
Inna Sichkovska
Keyword(s):  
Criminal Liability ◽  
Criminal Code ◽  
The State ◽  
Scientific Article ◽  
Main Task ◽  
Criminal Proceedings ◽  
Procedure Code ◽  
Criminal Offenses ◽  
National Police ◽  
Do So

. The scientific article is devoted to the issues of peculiarities of interaction of investigators with operative subdivisions of the National Police of Ukraine. It is determined that it should be understood as the interaction of employees of inquiry units with operational units of the National Police of Ukraine. The classification, forms and principles of such interaction are specified. The interaction between the coroner and the operative unit during the pre-trial investigation in the form of an inquiry has limits set by the legislator: it can be carried out at any stage of the pre-trial investigation in the form of an inquiry, but must end with the closure of criminal proceedings. application of coercive measures of medical or educational nature, petition for release of a person from criminal liability. When investigating criminal offenses, investigators interact with employees of operational units of the National Police, security agencies, the National Anti-Corruption Bureau of Ukraine, the State Bureau of Investigation, bodies supervising compliance with tax and customs legislation, the State Penitentiary Service of Ukraine, the State Border Guard services of Ukraine on the basis of the Constitution of Ukraine, the Criminal Code of Ukraine, the Criminal Procedure Code, the Laws of Ukraine «On the National Police», «On operational and investigative activities», etc. The investigator, exercising his powers in accordance with the requirements of the CPC of Ukraine, is independent in his procedural activities, interference in which persons who do not have the legal authority to do so is prohibited. The main task of interaction of inquiry units of the National Police of Ukraine with other structural subdivisions of the National Police is prevention of criminal offenses, their detection and investigation, bringing to justice the perpetrators, compensation for damage caused by criminal offenses, restoration of violated rights and interests of individuals.

COVID-19 DAN IBADAH ( RESISTENSI PERUBAHAN HUKUM ISLAM DALAM MEMPERTAHANKAN RUTINITAS IBADAH)

2021 ◽  
Vol 6 (1) ◽  
Author(s):  
Sudirman Sudirman ◽  
Edi Gunawan ◽  
Muh Rusdi Rasyid
Keyword(s):  
Local Community ◽  
Islamic Law ◽  
The State ◽  
Legal Change ◽  
Community Groups ◽  
Qualitative Descriptive ◽  
Descriptive Approach ◽  
State Of Practice ◽  
The Law

Abstract: This research examines Covid-19 and worship as a resistance to changes in Islamic law in maintaining routine worship. The study used a qualitative descriptive approach and obtained data through interviews, observation and documentation. The results showed that Covid-19 had an impact on changes in the law of worship. however, in the change in law in worship, various different practices were found. There are community groups who continue to carry out worship routines in the mosque in congregation by carrying out according to Health protocols such as maintaining distance and wearing masks. There are also people who are resistant to legal changes so that they maintain the practice of worship as before before the pandemic. There are also people who situationally follow the state of practice carried out by the local community and there are also people who completely close places of worship. from these results indicate that not all people are subject to the changes in law that occurred during the pandemic so as to maintain the routine of worship rather than submit to the new law which results in endangering themselves. Keywords: Rasistency, Legal Change, Worship, Covid-19 Abstrak: Penelitian ini mengkaji Covid-19 dan ibadah sebuah resistensi perubahan hukum islam dalam mempertahankan rutinitas ibadah. penelitian menggunakan pendekatan deskriktif  kualitatif dan memperoleh data melalui wawancara, observasi dan dokumentasi. Hasil penelitian menunjukkan bahwa C0vid-19 memberikan dampak terhadap perubahan ukum ibadah. namun dalam perubahan hukum dalam ibadah tersebut ditemukan berbagai praktik pengamalan yang berbeda. Terdapak kelompok masyarakat yang tetap menjalankan rutinitas beribadah dalam masjid secara berjamaah dengan menjalankan sesuai protokoler Kesehatan seperti menjaga jarak dan memakai masker. Juga terdapat masyarakat yang rasisten terhadap perubahan hukum sehingga mempertahankan raktik beribadah sebgaimana dulu sebelum pandemi. Juga terdapat masyarakat yang situasional mengikuti keadaan praktik yang dilakukan oleh masyarakat setempat dan juga terdapat masyarakat yang total menutup tempat ibadah. dari hasil tesebut menunjukkan bahwa tidak semua masyarakat tunduk terhadap perubahan hukum yang terjadi saat ppandemi sehingga mempertahankan rutinitas ibadah ketimbang tunduk kepada hukum yang baru yang berakibat pada membahayakan dirinya.Kata Kunci: Rasistensi, Perubahan Hukum, Ibadah, Covid-19

scholarly journals SOME LEGISLATIVE STEPS TO INCREASE THE EFFICIENCY OF THE IMPLEMENTATION OF THE CRIMINOLOGICAL POLICY OF THE STATE IN THE ACTIVITIES OF CERTAIN BODIES

2020 ◽  
Vol 1 (4(106)) ◽  
pp. 23-30
Author(s):  
Н. С. Сидоренко
Keyword(s):  
Criminal Justice ◽  
Crime Prevention ◽  
Criminal Procedure ◽  
The State ◽  
Security Service ◽  
Procedure Code ◽  
Criminal Offenses ◽  
The Status ◽  
The Law ◽  
National Police

The relevance of the article is that to obtain the status of mandatory for implementation, these conceptual provisions must be enshrined in the relevant regulations. Therefore, in order to increase the effectiveness of the criminological policy of the state in the activities of individual bodies of criminal justice, it is necessary to search for ways to improve the legislative mechanism of its implementation. The purpose of the article is to find legislative steps to improve the implementation of criminological policy of the state in the activities of individual bodies of criminal justice. Some legislative steps to increase the effectiveness of the implementation of criminological policy of the state in the activities of certain bodies of criminal justice. The search for legislative steps to increase the effectiveness of the implementation of criminological policy of the state in the activities of certain bodies of criminal justice. It is concluded that in the current CPC of Ukraine there are no direct rules authorizing the criminal justice authorities to prevent activities. First of all, it concerns the identification of the causes and conditions that contribute to the commission of criminal offenses and the taking of measures within their competence to eliminate them. That is, investigators and investigators have the power to identify and eliminate the causes and conditions of crime, according to the Law of Ukraine "On the National Police", and the mechanism for exercising this power, which should be contained in the CPC of Ukraine, is absent. To increase the effectiveness of the implementation of criminological policy of the state it is advisable, in particular: in Article 1, Part 2 of Article 9, para. 3 part 1 of Art. 22 of the Law of Ukraine "On the National Police" to replace the phrase "combating crime" with "crime prevention". In addition, in Article 2 of the same Law, one of the tasks of the police, instead of "combating crime", it is desirable to define "crime prevention"; The Law of Ukraine “On the Security Service of Ukraine” should be supplemented with guarantees regarding non-interference in the activities of SBU employees as follows: “Any written or oral instructions, requirements, instructions, etc. addressed to the Security Service of Ukraine or its employees proceedings and not provided for by the Criminal Procedure Code of Ukraine, are illegal and not enforceable. In case of receiving such instructions, requirements, instructions, etc., the employee of the Security Service of Ukraine shall immediately inform the head of the Security Service of Ukraine in writing".

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