scholarly journals PEMBUANGAN BAYI DALAM PERSPEKTIF PENELANTARAN ANAK

2018 ◽  
Vol 3 (1) ◽  
pp. 23-40
Author(s):  
Airlangga Justitia
Keyword(s):  
Social Order ◽  
Child Protection ◽  
Human Person ◽  
Criminal Code ◽  
Criminal Prosecution ◽  
Criminal Offense ◽  
The Rule Of Law ◽  
Criminal Sanctions ◽  
Born Child ◽  
The Social

The act of disposing of a newly born child is obviously a criminal offense, since this act does not necessarily reflect the humanism side of the human person. an act which the rule of law is proclaimed as a prohibited act is called a criminal act or it may be referred to as a crime. According to its nature and nature, these criminal acts are unlawful acts. These acts can also harm society, in the sense of contradicting or impeding the implementation of the social order of society that is considered good and fair. There are 3 (three) legal instruments that contain criminal sanctions against the perpetrators of the crime of infant / child disposal namely the Criminal Code, Law No. 23 of 2004 on the Elimination of Domestic Violence, and Law No. 35 of 2014 on Child Protection. However, newly born child abusers are still not eliminated, and one of the factors is the lack of conviction of criminal prosecution.

scholarly journals PEMBUANGAN BAYI DALAM PERSPEKTIF PENELANTARAN ANAK

2019 ◽  
Vol 3 (1) ◽  
pp. 23-40
Author(s):  
Airlangga Justitia
Keyword(s):  
Social Order ◽  
Child Protection ◽  
Human Person ◽  
Criminal Code ◽  
Criminal Prosecution ◽  
Criminal Offense ◽  
The Rule Of Law ◽  
Criminal Sanctions ◽  
Born Child ◽  
The Social

The act of disposing of a newly born child is obviously a criminal offense, since this act does not necessarily reflect the humanism side of the human person. an act which the rule of law is proclaimed as a prohibited act is called a criminal act or it may be referred to as a crime. According to its nature and nature, these criminal acts are unlawful acts. These acts can also harm society, in the sense of contradicting or impeding the implementation of the social order of society that is considered good and fair. There are 3 (three) legal instruments that contain criminal sanctions against the perpetrators of the crime of infant / child disposal namely the Criminal Code, Law No. 23 of 2004 on the Elimination of Domestic Violence, and Law No. 35 of 2014 on Child Protection. However, newly born child abusers are still not eliminated, and one of the factors is the lack of conviction of criminal prosecution.

scholarly journals Efficiency of Judiciary and Penalty Policy of Courts in Serbia for Criminal Work Violence in Family // Efikasnost pravosuđa i kaznena politika sudova u Srbiji za krivično delo nasilje u porodici

2019 ◽  
Vol 9 (9) ◽  
pp. 69
Author(s):  
Dragan Jovašević
Keyword(s):  
Domestic Violence ◽  
Rule Of Law ◽  
Criminal Policy ◽  
Criminal Code ◽  
International Standards ◽  
Criminal Prosecution ◽  
Criminal Offense ◽  
The Rule Of Law ◽  
Judicial Practice ◽  
The Family

Under the influence of international standards, in the first place of the Istanbul Convention, in Serbia at the beginning of this century, there were several statutory texts such as the Criminal Law (2002), the Family Law (2005), the Criminal Code (2005) and the Law on the Prevention of Violence in the family (2016) determined the concept, elements, characteristics and forms of manifestation of the criminal act of domestic violence, as well as a system of preventive and punitive measures in order to prevent and suppress it. However, there is a greater or lesser disparity between legislative solutions and judicial practice, which also affects the efficiency of the functioning of the judiciary, and therefore the rule of law in general. To a large extent they contribute to the results of the policy of criminal prosecution, ie the criminal policy of the courts for the criminal offense of domestic violence in the last decade in Serbia whose results are presented in this paper.

ANALISIS YURIDIS TINDAK PIDANA PENGGELAPAN YANG TIMBUL DARI HUBUNGAN SEWA MENYEWA MOBIL DIKAITKAN DENGAN PASAL 372 KUHP

2016 ◽  
Vol 2 (2) ◽  
pp. 201-216
Author(s):  
Hurip Agustina ◽  
Dadang Suprijatna ◽  
Aal Lukmanul Hakim
Keyword(s):  
Rule Of Law ◽  
Criminal Responsibility ◽  
Bottom Layer ◽  
Criminal Code ◽  
Public Prosecutor ◽  
Criminal Offense ◽  
The Rule Of Law ◽  
The Public ◽  
Criminal Offenses ◽  
Car Rental

Crime embezzlement car rentals are lately often devastating car rental owner. This is an issue where the meaning of a rule of law if the crime committed community can not be followed by the rule of law, such as crimes by way of evasion is one of the types of crimes against human wealth which is stated in Article 372 of the Criminal Code, which is a crime that does not exist inexhaustible, both from the bottom layer to the top layer of society can also be committing a criminal act embezzlement is a crime that originated from the existence of a trust in others, and that trust is lost because of the lack of an honesty. It is stated that the crime of embezzlement have a problem that is closely linked to attitudes, moral, mental, honesty and trust humans as individuals. The purpose of this study are as follows: 1) To determine and analyze the occurrence of the crime of embezzlement car rental. 2) To know and analyze the application of Article 372 of the Criminal Code the crime of embezzlement in the rental car. 3) To know and analyze the efforts of the police in preventing crime of embezzlement car lease. This study uses normative juridical approach that is used to make the description clear, systematic, transparent and precise about the facts / specific nature of the area and population which is then analyzed to obtain the desired facts. Criminal offense embezzlement rental car can be imprisoned if they meet the overall elements of the offenses charged by the public prosecutor and the offender accountable for his actions. If the offender does not meet one of the elements of which the accused, then it can not be convicted. The elements of criminal responsibility are: 1) committing illegal or criminal acts; 2) for the criminal should be able to be responsible; 3) to have a fault; 4) absence of an excuse. The conclusion from this study is the adoption of Article 372 of the Criminal Code in criminal offenses of embezzlement car rental where the incidence of criminal acts committed tenants for the rented goods belonging to the owner of the rental rights because of misuse or abuse of trust in which the crime of embezzlement are set in the provisions of Article 372 of the Criminal Code.

scholarly journals Pertimbangan Hakim dalam Memutus Tindak Pidana Pembobolan Bank melalui ATM

2020 ◽  
Vol 1 (1) ◽  
pp. 201-206
Author(s):  
Ida Ayu Gede Kristina Dewi ◽  
I Nyoman Gede Sugiartha ◽  
Ida Ayu Putu Widiati
Keyword(s):  
Customer Service ◽  
Electronic Devices ◽  
Electronic System ◽  
Criminal Code ◽  
The Rule Of Law ◽  
Criminal Sanctions ◽  
Automatic Teller Machine ◽  
Bank Robbery ◽  
Internet Users ◽  
Automatic Teller Machines

Nowadays, advances in technology and information, criminal acts also often occur, automatic teller machines (ATMs) in the banking world are a form of Bank Customer Service that uses machines or can be said as well as electronic devices. Service is an important factor in attracting the attention of customers. Because of this technological sophistication as we know cyber crime, crime is a new form of contemporary crime that has been in the spotlight worldwide. Internet users here become victims because of crime through this electronic system by utilizing and seeing their virtual. In this research, there are at least two problems of violating the automatic cash register (ATM) account theft account: And (2) how is the judge's consideration in determining the crime of bank robbery through an ATM. The research method used is information retrieval using a normative approach based on legal sources, study of literature in studying the legal materials of the legislation as a process to find the rule of law, legal source collection techniques used in this research are records and documentation. Based on research it can be started that the criminal sanctions regulation against account robbery criminal acts. Through the Automatic teller Machine (ATM) in the Criminal Code law contained in Article 362 of the Criminal Code, in the ITE Law the theft is contained in Article 30 paragraph (1), Article 30 paragraph (3), Article 32 paragraph (2), Article 32 paragraph (3 ), Article 36. And there is an addition to Law Number 3 of 2011 concerning the transfer of theft funds contained in Article 81, Article 83 paragraph (1), Article 83 paragraph (2), decision number: 688 / PID. B / 2012 / PN. The judge ruled the case that the defendant was firmly proven legally and convincingly guilty of committing a crime against the law of buying, renting, exchanging, accepting as a promise, accepting as a gift or by accepting as a gift or in the hope of getting a profit selling, saving, exchanging, mortgaging, transported, stored or hidden items.

scholarly journals THE CONCEPT OF PENAL MEDIATION FOR DEFAMATION DELICT IN THE INDONESIA ITE LAW AS A MANIFESTATION OF RESTORATIVE JUSTICE

2020 ◽  
Vol 9 (3) ◽  
pp. 363
Author(s):  
Yaris Adhial Fajrin ◽  
Ach. Faisol Triwijaya
Keyword(s):  
Rule Of Law ◽  
Alternative Dispute Resolution ◽  
Research Result ◽  
Self Esteem ◽  
Criminal Code ◽  
Criminal Cases ◽  
The Rule Of Law ◽  
Criminal Sanctions ◽  
The Right ◽  
The Impact

<em>The paper aimed to analyze the position of defamation as a complaint delict in the ITE Law and  the chances of applying penal mediation in the settlement of criminal defamation charges in the ITE Law. This research uses a normative legal research with qualitative analysis</em><em> techniques. The research result shows that defamation in the field of ITE is a complaint delict that the settlement of the case can be done through the Alternative Dispute Resolution (ADR) outside the court through penal mediation mechanism. The settlement of criminal cases through penal mediation has been in line with the direction of the renewal of Indonesian criminal law which is moving towards improving the impact of a criminal act as part of the purpose of criminalization. Penal mediation that promotes the values of consensus deliberation is also in line with the basic values of Pancasila, to encourage peace between the conflicting parties and improve the reputation, self-esteem, and dignity of victims damaged by defamation committed by the perpetrators. The advantages of penal mediation have not been followed by the rule of law of the event that regulates specifically the procedure of penal mediation so that not a few cases of defamation are ultimately decided by criminal sanctions to the perpetrators. Therefore, the mechanism of penal mediation needs to be regulated in the Indonesian Criminal Code in the future, to provide guarantees of a fair and beneficial criminal settlement for all parties, as well as a guarantee of the right to free responsible speech.</em>

scholarly journals Health-Related Activities in Turkish Football Law

2021 ◽  
pp. 247-258
Author(s):  
Yener Ünver ◽  
◽  
Jocelyne Alayan ◽  
Keyword(s):  
Rule Of Law ◽  
Health Problem ◽  
Football Player ◽  
Criminal Code ◽  
Criminal Offense ◽  
The Rule Of Law ◽  
Legal Rules ◽  
Health Related ◽  
Legitimate Reason ◽  
Health Field

Unlawful action cannot be justified even when it is committed in sport or the health field. Although character-wise, both fields are covered by different legal rules, both of them lie under the discipline of law and must be conducted within the rule of law. Theoretically, doping can be considered as fraud, although to this date, no doping actions were incriminated. It is regulated as a disciplinary offense (Turkish Football Federal Disciplinary Directive, art. 61). The usage and possession of drugs by athletes is considered a criminal offense (Turkish Criminal Code, art. 18 & ors.) and a legitimate reason for an athlete’s contract termination. A football player who organizes or uses a counterfeit report concealing a health problem or represents a fraudulent statement to the official authority is considered to have committed a fraud crime (Turkish Criminal Code, art. 24 & ors.) as well as a disciplinary offense (Turkish Football Federal Disciplinary Directive, art. 47-48).

scholarly journals Tinjauan Yuridis Akibat Berlakunya UU No. 11 Tahun 2016 Tentang Pengampunan Pajak Terhadap Sanksi Pidana Perpajakan

2019 ◽  
Vol 3 (2) ◽  
pp. 222-235
Author(s):  
Hadzil Hadzil ◽  
Mahdi Syahbandir ◽  
Syarifuddin Hasyim
Keyword(s):  
Criminal Code ◽  
The State ◽  
Criminal Offense ◽  
Criminal Sanctions ◽  
Tax Amnesty ◽  
The Poor ◽  
The Law ◽  
The Government

Terdapat cukup banyak masyarakat yang dengan sengaja melakukan kecurangan-kecurangan dan melalaikan kewajibannya dalam melaksanakan pembayaran pajak yang telah ditetapkan sehingga menyebabkan timbulnya tunggakan pajak. Menyikapi hal tersebut, Pemerintah mengesahkan Undang-undang Tax Amnesty Nomor 11 Tahun 2016 Tentang Pengampunan Pajak. Salah satu jenis pengampunan yang ditawarkan adalah memberikan penghapusan tindak pidana bagi Wajib Pajak (WP) yang melanggar undang-undang. Oleh sebab itu, hal ini menjadi menarik untuk diteliti karena dapat dianggap sebagai bentuk pengkhianatan terhadap rakyat miskin atau WP yang taat pajak. Masalah pokok dalam penelitian ini adalah apakah penghapusan sanksi pidana terkait pengampunan pajak (tax amnesty) sudah sesuai dengan prinsip-prinsip pemidanaan. Penelitian ini bertujuan untuk mengetahui dan menjelaskan penghapusan sanksi pidana telah sesuai atau tidak dengan prinsip-prinsip pemidanaan. Penelitian ini merupakan penelitian yuridis normatif dengan tujuan mengkaji asas-asas dan kaidah-kaidah yang terdapat dalam ilmu hukum. Data yang digunakan terdiri dari bahan hukum primer, bahan hukum sekunder dan bahan hukum tersier. Hasil penelitian menunjukkan bahwa dalam hal penghapusan sanksi pidana dalam tax amnesty tidaklah sesuai dengan prinsip-prinsip penghapusan pidana dalam konsep KUHP, yaitu alasan pembenar dan alasan pemaaf karena apabila harta tersebut berasal dari hasil korupsi, hal tersebut bukanlah merupakan perbuatan yang patut dan benar untuk dimaafkan. Disarankan kebijakan dalam pengampunan pajak (tax amnesty) sebaiknya tidak diberlakukan penghapusan pada unsur tindak pidana, apalagi dalam tindak pidana tersebut terdapat unsur yang merugikan negara.There are enough people who deliberately commit fraud and neglect their obligations in carrying out the payment of taxes that have been set so as to cause the arrears of taxes. In response, the Government passed the Tax Amnesty Act Number 11 Year 2016 About Tax Amnesty. One type of amnesty offered is to provide the abolition of a criminal offense for a Taxpayer (WP) that violates the law. Therefore, it is interesting to investigate because it can be considered as a form of betrayal of the poor or WP who are tax-conscious. The main problem in this research is whether the abolition of criminal sanctions related to tax amnesty is in line with the principles of punishment. This study aims to determine and explain the elimination of criminal sanctions are appropriate or not with the principles of punishment. This study is a normative juridical research with the aim of studying the principles and rules contained in the science of law. The data used consist of primary legal materials, secondary legal materials and tertiary legal materials. The results indicate that of the abolition of criminal sanctions in the tax amnesty is not in accordance with the principles of criminal abolition in the concept of the Criminal Code, namely the justification and reasons for forgiveness because if the property is derived from the corruption, it is not a proper and proper act to be forgiven. It is recommended that the tax amnesty should not be abolished on the element of criminal acts, morever in the criminal act there are elements that harm the state.

scholarly journals Indigenous African Education for Socio- Economic Development

2018 ◽  
Vol 1 (1) ◽  
pp. 267-316
Author(s):  
Moses Wandera
Keyword(s):  
Social Order ◽  
World View ◽  
Emile Durkheim ◽  
Economic Activities ◽  
The Rule Of Law ◽  
The Past ◽  
Economic Progress ◽  
The Social ◽  
Vision 2030 ◽  
Available Information

Education in Africa has been in existence since time immemorial. This study sought to examine the activities of Lantana in Benin on their specialised training, Dogon of Mali in their world view, Futo Toro of Senegal in their various trades, Poro of Sierra Leone in the training of the youth, Takensi of Ghana in their social order and the Akan of Ghana. Also examined are the activities of the Chamba and Yoruba of Nigeria in their adult centred training and forecasting of the future respectively. The Chagga of Tanzania and the Abakwayaare were also examined on their initiative plays and economic activities. The paper also studied the Ndembu of Zambia on the past analysis and the activities of the Mijikenda of Kenya among other Kenyan tribes. The study used the theoretical framework of Emile Durkheim on the social and moral order, while the design of the study was on content analysis of available information and expectations. The study recommends positive approaches in the indigenouseducation that can be adapted, mainly for Kenya in its desire to achieve Vision 2030. However, further research should be done on specific values, foods, attitudes and the rule of law, how achieve social, political and economic progress in African nations and especially how the current economic integration blocks have followed the same pattern of the communities and their values.

scholarly journals OFFENSE - THE ONLY GROUND FOR CRIMINAL LIABILITY

2014 ◽  
Vol 8 (4) ◽  
pp. 149-156
Author(s):  
Laura-Roxana Popoviciu
Keyword(s):  
Rule Of Law ◽  
Social Relations ◽  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
The Rule Of Law ◽  
The Social ◽  
The Law

This study aims to examine the offence as the only ground for criminal liability. Article 15, paragraph 2 of the Criminal code provides that: “offences are the only grounds for criminal liability”, which implies the existence of an act, which is detected by the bodies empowered under the law in the form required by law, and also this principle comes as a guarantee of the person’s freedom because, without committing an act provided for by the law as an offense, the criminal liability cannot exist.The criminal liability is one of the fundamental institutions of the criminal law, together with the institution of the offence and of the sanction, set in the various provisions of the Criminal code.As shown in the Criminal code, in Title II regarding the offence, there is a close interdependence among the three fundamental institutions. The offence, as a dangerous act prohibited by the criminal rule, attracts, by committing it, the criminal liability, and the criminal liability without a sanction would lack the object. It obliges the person who committed an offence to be held accountable for it in front of the judicial bodies, to bide the sanctions provided for by the law, and to execute the sanction that was applied.The correlation is also vice-versa, meaning that the sanction, its implementation, cannot be justified only by the existence of the perpetrator’s criminal liability, and the criminal liability may not be based only on committing an offence.The criminal liability is a form of the judicial liability and it represents the consequence of non-complying with the provision of the criminal rule. Indeed, the achievement of the rule of law, in general, and also the rule of the criminal law implies, from all the law’s recipients, a conduct according to the provisions of the law, for the normal evolution of the social relations.

scholarly journals SOCIAL CONDITIONALITY OF THE CRIMINAL-LEGAL PROHIBITION OF HOOLIGAN ACTIONS

2021 ◽  
Vol 75 (2) ◽  
pp. 74-87
Author(s):  
Yehor Nazymko ◽  
◽  
Dmytro Demchyshyn ◽  
Keyword(s):  
Criminal Law ◽  
Social Order ◽  
Criminal Code ◽  
Point Of View ◽  
Law Enforcement Agencies ◽  
Research Attention ◽  
Full Compliance ◽  
The Social ◽  
Similar Intensity ◽  
Discretionary Powers

The article examines the social conditionality of the criminal-legal prohibition of hooligan actions. The expediency of analyzing the social conditionality of the criminal-legal prohibition of hooligan actions as a cross-cutting criminal legal category is substantiated, taking into account the systemic connections between all elements of crimes, a constructive feature of which is hooliganism. Taking into account the peculiarities of the appointment of normative prescriptions of the Criminal Code of Ukraine, prohibiting hooligan actions in the system of criminal law regulation, a system of circumstances of social conditionality of the criminal law prohibition of hooligan actions has been determined: historical; predictive; technical and legal. As a result of the study, it was established that the criminal-legal prohibition of hooligan actions at the level of the existence of Art. 296 of the Criminal Code of Ukraine, fully socially conditioned. With regard to historical circumstances, the same act of «hooliganism» is artificial for Ukraine from a historical point of view, the criminal law prohibition does not correspond to the Ukrainian mentality, ordinary citizens in most cases do not perceive hooliganism as a crime, hooliganism does not fully fit into the modern paradigm of the development of social relationship. During the study of the prognostic circumstances of the criminal law prohibition of hooligan actions, research attention is focused on the social danger of this act (two main criteria are the object of the crime and the intensity of the criminal encroachment). It has been proved that through the abstractness of understanding social order, there is a difficulty in its perception as an object of hooliganism. With regard to the intensity of hooligan actions, other types of related crimes have a similar intensity (with inherent signs of gross violation, obvious disrespect for society, insolence and exceptional cynicism). Therefore, it is virtually impossible to assess this indicator of public danger. It is proved that the qualifying signs of hooliganism do not correspond to the signs of consistency and normative consistency. For other elements of political circumstances (except for the availability of resources), it is also established in full compliance. Based on the study of the technical and legal circumstances of the criminal-legal prohibition of hooligan actions, it was stated that the wording of Art. 296 of the Criminal Code of Ukraine inherent inaccuracies in wording. This, in general, leads to the existence of a contradiction between the norms of the Criminal Code of Ukraine, endows the court and law enforcement agencies with excessive discretionary powers.

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