scholarly journals Existence of Criminal Trials against Electoral Crimes of Regional Heads (Analysis of Pekanbaru High Court Decision Number 40/Pid.Sus/2021/PT.PBR)

2021 ◽  
Vol 4 (2) ◽  
pp. 1871-1881
Author(s):  
Muhammad Teguh Syuhada Lubis
Keyword(s):  
Law Enforcement ◽  
Criminal Liability ◽  
Code Of Conduct ◽  
Supervisory Board ◽  
Secondary Data ◽  
Criminal Code ◽  
Legal Analysis ◽  
Criminal Trials ◽  
High Court ◽  
Processing Data

The process of organizing regional head elections is certainly not without constraints and dynamics. There are many violations found in every stage of both administrative violations, violations of the code of conduct and criminal violations. After several changes and changes in the rules on the election of regional heads (Governors, Regents/Mayors), in the end even though Law No. 6 of 2020 describes the special crimes of elections in it, but in its application can not override the provisions of the Criminal Code. One of them is related to the criminal act of probation contained in Article 53 and Article 54 of the Criminal Code. The research conducted is normative juridical research using secondary data by processing data from primary legal materials, secondary legal materials and tertiary legal materials. Based on the results of the study, it is known that the handling of electoral crimes of regional heads in Indonesia, namely through integrated law enforcement (Gakkumdu) centers consisting of Election Supervisory Board (Bawaslu), Police and Prosecutors. Furthermore, criminal liability for perpetrators of Criminal Trials in the General Election of the Regional Head must first meet the criminal elements in Article 187A paragraph (1) Law No.  6 Year 2020 concerning the Election of Governors, Regents and Mayors and Article 53 paragraph (1) of the Criminal Code. Once both elements of the article are fulfilled, against the severity of the prison sentence and the fine should be reduced by one-third of the maximum penalty in Article 187A paragraph (1) that is to a maximum of 4 years in prison. The last legal analysis of the Pekanbaru High Court's Decision No. 40/Pid.Sus/2021/PT.PBR the judge's decision has been appropriate the judge gave a sanction of 3 (three) years in prison to the perpetrator. It is in accordance with the provisions of Article 187A of Law Number 6 of 2020 Jo  Article 53 paragraph (1) of the Criminal Code. Because the intention of the act and the nature of harming the interests of others are fulfilled.

Legal Analysis of Attempt on the Life of Internal Affairs Officer as the Body of Criminal Offence

2020 ◽  
Vol 9 (3) ◽  
pp. 870
Author(s):  
Chingiz A. ISSABAYEV ◽  
Aidos A. YESKENDIROV ◽  
Zhanna B. SHAYAKHMETOVA ◽  
Bakhytbek A. BEGALIYEV ◽  
Zhanargul A. KHAMMETOVA
Keyword(s):  
Law Enforcement ◽  
Criminal Liability ◽  
Criminal Code ◽  
Point Of View ◽  
The Body ◽  
Normal Operation ◽  
Legal Analysis ◽  
Public Authorities ◽  
Internal Affairs ◽  
The Government

Disorganized crime impact on the society is provided by criminal pressure on law enforcement officials – from engagement in criminal networks, bribery, blackmail to their liquidation. Social danger of the offences studied is that it threatens the life of internal affairs officer to prevent him from professional duties for the law enforcement, intentionally destabilizes normal operation of public authorities, and undermines their authority in the public’s mind. The purpose of the article was to analyze the types and motives of attempts on an employee of internal affairs bodies from a legal point of view. To achieve the purpose, the opinions of other researchers who studied this problem were examined, as well as legal documents regulating crimes committed against employees of internal affairs bodies. It was noted inconsistencies in the evaluation of sanction measures against perpetrators responsible for offences provided for by p. 2, part 2, article 99 and part 1, article 380-1 of the Criminal Code of Kazakhstan. It was concluded that the strengthening of criminal liability will significantly affect the status of crime situation, enhance the government authority and strengthen overall prevention in the country.  

scholarly journals Delimitation of frauds in the sphere of crediting (Article 1591 of the Criminal Code of the Russian Federation) from illegal credit receiving (Article 176 of the Criminal Code of the Russian Federation)

2019 ◽  
Vol 2019 (2) ◽  
pp. 124-130
Author(s):  
Екатерина Алёшина-Алексеева ◽  
Ekaterina Aleshina-Alexeeva
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Liability ◽  
Criminal Code ◽  
Economic Crime ◽  
Legal Analysis ◽  
The Supreme Court ◽  
The Subject ◽  
The Russian Federation ◽  
Enforcement Activity

The main criteria of differentiation of the crimes provided by Article 159.1 of the Criminal Code of the Russian Federation from Article 176 of the Criminal Code of the Russian Federation are considered in the article. The scientific and theoretical relevance of the subject is covered in the literature. In the present article the author delimited, in her opinion, illegal credit receiving from fraud in the sphere of crediting. The research objective is to formulate specific proposals concerning the solution of the problems of qualification of the crimes provided by Article 159.1 of the Criminal Code of the Russian Federation from Article 176 of the Criminal Code of the Russian Federation connected with their differentiation. The research methods used are: the analysis of theoretical literature and judicial and investigative practice, the comparative and legal analysis (features of the criminal liability regulation according to Article 159.1 of the Criminal Code of the Russian Federation and 176 of the Criminal Code of the Russian Federation), monitoring of the printed and electronic media material. The author focuses attention that fraud in the sphere of crediting cannot be considered as an economic crime in the sphere of crediting based on the revealed signs. Elimination of the qualification problems is suggested by means of adopting the resolution of the Plenum of the Supreme Court of the Russian Federation which will contain the main explanations on the studied criminal actions. The practical value of the work consists in the possibility of its use in a law-enforcement activity in qualification of the crimes provided by Articles 159.1 and 176 of the Criminal Code of the Russian Federation and besides, while teaching of the Criminal Law.

scholarly journals Environmental law and reconciliation with a representative of power under criminal law of Russia

2021 ◽  
Vol 244 ◽  
pp. 12021
Author(s):  
Sergey Zakharchuk
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Environmental Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
Statistical Information ◽  
Legal Analysis ◽  
Criminal Legislation ◽  
First Time ◽  
Order Of Administration

Domestic criminal legislation provides for possibility of releasing from criminal liability a person who has committed a crime of small or medium gravity for the first time, provided that he/she has reconciled with the victim and made amends for the harm caused. Comparative legal analysis shows that similar norms are found in the criminal laws of foreign states. The article discusses issues related to the possibility of terminating a criminal case in connection with the reconciliation of parties in the event that a victim is a representative of authorities. As a result of analysis of scientific positions on this issue, as well as corresponding law enforcement practice, ambiguity in approaches to its solution was revealed. The presence of certain contradictions in the area under study is also confirmed by statistical information. The author substantiates the position on the need to establish a ban on exemption from criminal liability in connection with reconciliation with the victim, if a crime is committed against justice or the order of administration, and the victim is a representative of authorities. In this case, the victim acts as an additional objective manifestation of encroachment, and therefore, reconciliation cannot eliminate the harm done to the interests of the state - the main object of criminal encroachment. In order to resolve the problem, it is proposed to amend Article 76 of Criminal Code of Russian Federation.

scholarly journals Concept Of Criminal Liability Of Notary Law In Deed Making Based On Perjury

Jurnal Akta ◽  
2020 ◽  
Vol 6 (4) ◽  
pp. 675
Author(s):  
Ailina Rahmanita Fauzi ◽  
Sri Endah Wahyuningsih
Keyword(s):  
Criminal Responsibility ◽  
Criminal Liability ◽  
Descriptive Analysis ◽  
Secondary Data ◽  
Field Studies ◽  
Criminal Code ◽  
Primary Data ◽  
Element Formulation ◽  
False Information ◽  
Civil Suit

Purpose research These are 1) To analyze the concept of criminal responsibility notary law in the deed that is based on false information. 2) To analyze the legal consequences of the deed notary Based on False Information.The method used by researchers is Empirical Juridical (socio legal research)and specification in this study were included descriptive analysis. Even the sources and types of data in this study are primary data obtained from field studies with an interview with a notary in Grobogan. And secondary data obtained from the study of literature. This study uses qualitative data analysis Based on the results of research that 1) Notaries can not be held criminal liability associated with the manufacture of the deed (partijnakten) based on false information, and can not meet the crime of counterfeiting element formulation in Article 266 paragraph (1) in conjunction with Article 55 paragraph (1) of the Criminal Code. 2) However, the notary can be held criminal liability against relaas deed or deed of officials (ambtelijke akten) if deliberate or careless notary make a fake deed to the detriment others. That made base on notary deed against false information does not in itself result in the deed null and void. The aggrieved party to the existence of the deed as it should file a civil suit to the court to cancel the deed.Keywords : Concept of Law; Criminal Responsibility; Notary; Deed; Specification False

scholarly journals Analysis of Law Enforcement to Drugs Criminal Act in Military Environment (Case Study in Jurisdiction of Military Court II/09 Bandung)

2020 ◽  
Vol 2 (4) ◽  
pp. 507
Author(s):  
Asep Suherdin ◽  
Maryanto Maryanto
Keyword(s):  
Drug Abuse ◽  
Law Enforcement ◽  
Criminal Liability ◽  
Logical Consequence ◽  
Descriptive Analysis ◽  
Secondary Data ◽  
Primary Data ◽  
Military Justice ◽  
Sociological Approach ◽  
The Military

The problems of this study are: 1) How is enforcement against members of the military in drug abuse in the jurisdiction of the Military Court II/09 Bandung? 2) How constraints and efforts to overcome the constraints of law enforcement against members of the military in drug abuse in the jurisdiction of the Military Court II/09 Bandung?Method sociological approach juridical law and specification in this study were included descriptive analysis. Even the sources and types of data in this study are primary data obtained from interviews with field studies Military Court II/09 Bandung, and secondary data obtained from the study of literature. Data were analyzed qualitatively. The problems studied by the theory of law enforcement, criminal liability and progressive law.Results of the discussion concluded: Enforcement of the law against members of the military in drug abuse in the jurisdiction of the Military Court II/09 Bandung executed in accordance with the applicable regulations, because the urine test is done not in accordance with regulations and charges denied by the defendant who has the right of refusal. The obstacles are the lack military justice, the need for strengthening of the system of criminal law enforcement in the military justice ahead of independent both institutionally and functionally, free from interference by other institutions outside the judiciary as a logical consequence system of a democratic constitutional state, so it is necessary No reconstruction of the existing regulation of military justice. Next to the military justice system, particularly related to the investigation should be conducted by military police consisting of the Army, Navy and Air Force, independently.Keywords: Law Enforcement; Crime; Drugs; Military Environment.

scholarly journals Victim of operational provocation or criminal?

2020 ◽  
Vol 2020 (2) ◽  
pp. 111-116
Author(s):  
Viktor Borkov
Keyword(s):  
Law Enforcement ◽  
Social Relations ◽  
Criminal Liability ◽  
Physical Property ◽  
Criminal Code ◽  
Judicial Practice ◽  
Law Enforcement Officials ◽  
The Russian Federation ◽  
Legal Justification ◽  
Legal Understanding

The article discusses the urgent, not regulated by the criminal law, problem of qualifying the actions of the person who committed the crime as a result of the provocative actions of law enforcement officials. Attention is drawn to the absence in theory and judicial practice of a consistent scientific and legal justification for the release of persons provoked to a crime from criminal liability. An “encroachment” committed as a result of a “police provocation” is considered taking into account the institutions of complicity, involvement and inducement to commit a crime. The author examines the proposals already made by experts from fixing the provocation of a crime as one of the circumstances excluding criminal liability (Chapter 8 of the Criminal Code of the Russian Federation), to including its arsenal of operationalsearch means to combat crime. According to the constitutional legal understanding of the investigated problem, the assessment of the act of the provoked is influenced by the activities of the persons who incited him to commit a crime, the essence of the disturbed social relations and the nature of the physical, property, organizational or other consequences that have occurred. The question of the criminal legal assessment of the acts of the provoked persons is proposed to be decided differentially, taking into account the reality and the measure of the harm caused by them.

scholarly journals Criminal liability for illegal banking activities in the context of countering criminal money cashing

2020 ◽  
pp. 140-144
Author(s):  
Dmitry Ovchinnikov
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Russian Federation ◽  
Criminal Law ◽  
Tax Evasion ◽  
Criminal Liability ◽  
Law Enforcement Officers ◽  
Criminal Code ◽  
Economic Sector ◽  
The Russian Federation

Currently, the economic sector of public relations is characterized by exceptional criminality. One of the main phenomena responsible for this is illegal money cashing. Almost every business entity considers it acceptable and even necessary to resort to various criminal schemes for obtaining unaccounted cash and tax evasion. The very type of this crime has actually become a thriving and profitable business, which consists in providing services for withdrawing funds from legal circulation. While the existing judicial and investigative practice in the issue of countering this phenomenon has not yet developed a clear answer about the need for appropriate qualifications. There are about a dozen articles of the criminal law in which law enforcement officers try to find the correct legal assessment, and at present, article 172 of the Criminal code of the Russian Federation “Illegal banking activities” deserves special attention.

Principles of liability under the Polish Criminal Code for behavior relating to the termination of pregnancy undertaken in Poland and the Czech Republic

2020 ◽  
Vol 20 (1) ◽  
pp. 237-264
Author(s):  
Olga Sitarz ◽  
Anna Jaworska-Wieloch
Keyword(s):  
Czech Republic ◽  
Legal Status ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Code ◽  
Termination Of Pregnancy ◽  
Legal Analysis ◽  
The Czech Republic ◽  
The Third ◽  
Legal Situation

Summary The article explores the problem of significance the termination of pregnancy in the context of criminal responsibility. In the first step, the legal analysis is focused on establishing the change of legal status connected with abortion and all the consequences for criminal responsibility. The second section refers to the current act, trying to find the answer how to recognized the termination of pregnancy. The third part refers to legal situation in Czech Republic at this area. Finally, some reflections on the criminal liability for the place of the offence have been presented. The possibility of conviction for abortion in a country where it is legal should be examined..

scholarly journals The Criminal Enforcement Of The Fraud Mode Of Multiple Money (Case study Decision No.61 / Pid.B / 2019 / PN.Blora)

2020 ◽  
Vol 3 (1) ◽  
pp. 237
Author(s):  
Sumaryono Sumaryono ◽  
Sri Kusriyah Kusriyah
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Research Method ◽  
Field Research ◽  
Secondary Data ◽  
Criminal Code ◽  
Primary Data ◽  
Public Prosecutor ◽  
The Public

Fraudulent criminal acts that have been regulated in the Criminal Code (KUHP) with various modes, one of which is fraud by shamans with a multiplied money mode has made law enforcers increasingly have to rack their brains to be able to prove it. This study aims to examine and analyze law enforcement by the judge in decision No.61 / Pid.B / 2019 / PN.Blora with consideration of the criminal elements. The research method used is a sociological juridical approach. The specifications of the study were conducted using descriptive analytical methods. The data used for this study are primary and secondary data. The data consists of primary data and secondary data using field research methods, interviews, and literature studies. Based on the research it was concluded that the case ruling number 61 / Pid.B / 2019 / PN Bla with a fraud case with shamanism practices in the mode of duplicating the judge's money considering that the Defendants have been indicted by the Public Prosecutor with alternative indictments, so the Panel of Judges paid attention to the facts The aforementioned law decides on the first alternative indictment as regulated in Article 378 of the Criminal Code Jo Article 55 paragraph (1) of the 1st Criminal Code by considering the elements of that article.Keywords: Criminal Law Enforcement; Fraud; Multiple Money.

scholarly journals Law Enforcement Efforts against the Crime of Body Shaming Through Mediation

2021 ◽  
Vol 1 (2) ◽  
pp. 101
Author(s):  
Elsa Intan Pratiwi
Keyword(s):  
Social Media ◽  
Law Enforcement ◽  
Data Collection ◽  
Qualitative Analysis ◽  
Criminal Law ◽  
Secondary Data ◽  
Self Esteem ◽  
Criminal Code ◽  
Literature Study ◽  
Collection Method

This study aims to analyze the forms of action that are categorized as body shaming crimes and criminal law enforcement against body shaming crimes on social media. This study uses a normative juridical approach. The data used is in the form of secondary data consisting of primary and secondary legal materials. The data collection method uses literature study and descriptive qualitative analysis. The results of this study indicate that, the forms of action that are categorized as body shaming crimes, namely: the words uttered contain elements of physical insult and have humiliated and lowered one's self-esteem because they can be seen/witnessed by many people, making them feel sad and depressed. Perpetrators of body shaming can be charged under Article 315 of the Criminal Code, with a maximum imprisonment of four months and two weeks or a maximum fine of four thousand and five hundred rupiahs. And if it is done on social media, the perpetrator can be charged under Article 27 paragraph (3) jo. Article 45 paragraph (3) of the ITE Law with a maximum imprisonment of four years and/or a maximum fine of seven hundred and fifty million rupiah. The police also offer a settlement process in a non-litigation context, namely by maximizing penal mediation to reduce the build up of cases in court.

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