scholarly journals FORMULASI HUKUM PIDANA TERHADAP RUMUSAN TINDAK PIDANA PERZINAAN DALAM PEMBAHARUAN HUKUM DI INDONESIA

2020 ◽  
Vol 9 (2) ◽  
pp. 166
Author(s):  
Ihda Shofiyatun Nisa’
Keyword(s):  
Data Analysis ◽  
Criminal Law ◽  
Legal Reform ◽  
Criminal Code ◽  
Customary Law ◽  
District Court ◽  
Current Policy ◽  
Legal Policy ◽  
Criminal Offenses

 Penelitian tentang formulasi hukum pidana terhadap rumusan tindak pidana perzinaan dalam pembaharuan hukum di Indonesia bertujuan untuk mengetahui dan menganalisis tentang kebijakan formulasi hukum pidana dalam merumuskan delik perzinaan dimasa sekarang dan yang akan datang terhadap pembaharuan hukum di Indonesia. Hasil penelitian dan analisis data dalam penelitian ini menyatakan bahwa: pertama, pada dasarnya saat ini sudah terdapat kebijakan hukum pidana yang berkaitan dengan rumusan perzinaan. Yaitu, KUHP Pasal 284 tentang perzinaan, Yurisprudensi MA Nomor 93/K/Kr/1976 yang menyatakan bahwa “pengadilan negeri berwenang untuk memeriksa dan memutus perbuatan yang menurut hukum adat dianggap sebagai perbuatan pidana yang mempunyai bandingan dengan KUHP”. Keputusan MA No 349/K/Kr/1980 tanggal 26 Desember 1980 mengenai perkara Pasal 284 (1) Ia KUHP. Namun beberapa kebijakan ini belum berlaku secara maksimal, karena masih mengandung beberapa kekurangan antara lain dalam perumusan delik Pada Pasal 284 yang mengkategorikan zina sebagai delik aduan absolut. Kemudian dalam sistem perumusan sanksi yang tidak tepat dan jumlah sanksi pidana penjara serta denda masih relatif kecil. Kedua, adanya kelemahan dalam kebijakan saat ini maka perlu adanya kebijakan formulasi hukum pidana dalam upaya perumusan delik perzinaan. Kebijakan hukum yang akan datang berkaitan dengan perumusan delik perzinaan adalah konsep RUU KUHP Versi September 2019. Didalam telah merumuskan perzinaan dalam segala bentuknya, baik adultary (muhson) ataupun fornication (ghairu muhson). Selain itu, juga terdapat rumusan mengenai kumpul kebo serta incest.Kata kunci: formulasi, hukum pidana, perzinaan.Research on the formulation of criminal law on the formulation of criminal acts of adultery in legal reform in Indonesia aims to find out and analyze the policy on the formulation of criminal law in formulating offenses for adultery in the present and future of legal reform in Indonesia. The results of research and data analysis in this study states that: first, basically there is now a criminal law policy relating to the formulation of adultery. Namely, KUHP Article 284 regarding adultery, MA Jurisprudence Number 93 / K / Kr / 1976 which states that "the district court has the authority to examine and decide upon acts which according to customary law are considered as criminal offenses which have a comparison with the Criminal Code". MA Decree No. 349 / K / Kr / 1980 dated December 26, 1980 regarding the case of Article 284 (1) He is the Criminal Code. However, some of these policies have not yet been implemented to the fullest, because they still contain some shortcomings, including in the formulation of offense Article 284 which categorizes adultery as an offense of absolute complaint. Then in the formulation system of improper sanctions and the number of sanctions imprisonment and fines are still relatively small. Second, there are weaknesses in the current policy so it is necessary to formulate a criminal law policy in the formulation of an offense for adultery. The next legal policy relating to the formulation of the offense for adultery is the concept of the Criminal Code Bill for the September 2019 version. It has formulated adultery in all its forms, both adultary (muhson) or fornication (ghairu muhson). In addition, there are also formulations regarding cohabiting and incest gatherings.Keywords: formulation, criminal law, adultery

scholarly journals Implementasi Tindak Pidana Ringan Dalam Kasus Penganiayaan (Studi Putusan Nomor : 178/Pid.B/ 2017/ PN. Mdn)

2019 ◽  
Vol 1 (1) ◽  
pp. 31-40
Author(s):  
Anwita Fauziah M ◽  
Ridho Mubarak ◽  
Wessy Trisna
Keyword(s):  
Criminal Law ◽  
Legal Regulation ◽  
Criminal Code ◽  
Court Decision ◽  
District Court ◽  
Criminal Offense ◽  
Daily Work ◽  
Criminal Offenses ◽  
Data Source ◽  
Work Type

Minor criminal acts are regulated in Article 352 of the Indonesian Criminal Code, which is a maltreatment that does not cause illness or is prevented from doing office or daily work. Type of normative juridical research. The nature of the research is analytical descriptive is a study that describes, examines, explains and analyzes a legal regulation and describes the results of the data received based on the data source and also by analyzing related cases based on sample cases seen from the Medan District Court Decision in a criminal offense of minor maltreatment . The application of criminal law against criminal offenses of mild persecution in Decision Number: 178 / Pid.B / 2017 / PN Mdn is the perpetrators violating Article 351 paragraph (1) of the Criminal Code, namely: first, legally proven and convincing guilty of committing a criminal offense, secondly, sentenced to prison for 3 (three) months and 15 (fifteen) days, third, stipulates the period of arrest and detention that has been served by the Defendant deducted entirely from the criminal convicted, fourth, orders the Defendant to remain in custody, fifth, imposes case costs to The defendant is Rp. 2,000, - (two thousand rupiah).

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 JUDGE'S JUDGMENT ON CRIMINAL OFFENSE AGAINST PERPETRATORS OF CRIMINAL EXTORTION WITH THE VIOLENCE AGAINST OTHER PEOPLE'S MOTORCYCLES (Verdict Study Number: 237/Pid. B/2018/PN Kla)

2020 ◽  
Vol 2 (01) ◽  
pp. 56-65
Author(s):  
Oktasari Putri Pramisela ◽  
Yulia Hesti
Keyword(s):  
Law Enforcement ◽  
Attorney General ◽  
Criminal Code ◽  
Deterrent Effect ◽  
District Court ◽  
Criminal Offence ◽  
Factors Affecting ◽  
Criminal Offenses ◽  
Violent Criminal ◽  
The Law

A crime or criminal act, usually perpetrators of criminals because of an encouragement based on the importance of fulfilling the necessities of life that is relatively difficult to fulfill. In principle the crime problem does not stand alone, but it relates to other issues such as social, economic, political and cultural which is as a phenomenon that affects each other. To tackle crimes and criminal acts such a thorough enforcement and anticipation policy is required. One of the most common criminal acts in the community is the violence of violent blackmail. Perpetrators can be assessed by the community, therefore it is necessary to be handled by the law enforcement officers intensively with the severity of the criminal that was dropped. The problem in this study is how the judge's consideration in dropping a criminal against perpetrators of criminal offenses with violence against motorcycles belonging to others, what are some factors causing perpetrators of criminal extortion with violence. The method of study used is the normative juridical approach and empirical approach obtained directly at the District Court of Kls II Kalianda, state Attorney of South Lampung. Based on the results of the study can be concluded that the judge's judgment in the criminal offence against the perpetrator of violent criminal offence is in accordance with the element contained in article 368 paragraph (1) of the criminal CODE and was sentenced to 2 years imprisonment. Factors affecting the cause of perpetrators of criminal extortion in violence are environmental factors, economic factors on society, the law enforcement. The advice given is to be expected to the Tribunal, the attorney general and the police in providing or establishing the article can be in accordance with its elements and actions, to the rationing punishment against the defendant is considered fair and give a deterrent effect so that the defendant can not repeat it again. There is cooperation between law enforcement and the community in minimizing the crimes that occurred.

scholarly journals TINJAUAN YURIDIS TENTANG GABUNGAN TINDAK PIDANA SEBAGAI HAL YANG MEMBERATKAN PIDANA Studi Kasus: Putusan Perkara Nomor:141/Pid.B/2018/PN Mrj (Pencurian)

2021 ◽  
Vol 3 (2) ◽  
pp. 212-226
Author(s):  
Failin Failin
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
Deterrent Effect ◽  
District Court ◽  
Prison Sentence ◽  
Legal Certainty ◽  
The Family ◽  
Sense Of Justice

In criminal law there is no penalty if there is no wrongdoing, this basis is about the accountability of a person for the actions he has done. Therefore, in criminal law there are exceptions to such criminal liability, for example contained in Articles 48, 49, 50 and so forth. In addition, there are burdensome things that will be imposed on the accused for crimes committed, such as samenloop, recidive and so on. In the Muaro Sijunjung District Court there is one case concerning a combination of criminal acts, namely theft crimes accompanied by violence and moreover this theft is carried out among families (theft in the family). In this case the judge has decided the prison sentence for 6 (six) Years. But according to the analysis of the author there is no sense of justice for the victim because this perpetrator is the husband of the victim's child so that there is no deterrent effect for the perpetrator, the reason that there is no more theft in this family because no matter how small the crime committed by a person must be taken action in order to obtain justice and legal certainty. In principle, judges have the freedom to determine the measure of punishment to be imposed on the perpetrators of crimes, as long as it does not exceed the maximum provisions specified in the Criminal Code. Therefore, the sentencing of the accused for a combination of crimes committed by means of pure absorption Stelsel that is If a person commits several acts that are several delik each threatened with a different kind of criminal

Criminal-Law Protection of Religious Relations

10.12737/4823 ◽  
2014 ◽  
Vol 2 (7) ◽  
pp. 41-50
Author(s):  
Виктор Беспалько ◽  
Viktor Bespalko
Keyword(s):  
Criminal Law ◽  
Criminal Code ◽  
Russian Society ◽  
Social Significance ◽  
Freedom Of Conscience ◽  
Current State ◽  
Democratic State ◽  
Criminal Offenses ◽  
The Social

In the article the author analyzes the current state of Russian law on crimes against freedom of conscience and religious security. He proves social necessity for criminal law protection of religious relations. He also proposes his classification of the criminal offenses. The article contains the term «religious security». It shows the main threats to religious security in modern conditions, which need counteraction by criminal law. The author developed amendments and additions to the Criminal Code, taking into account the level of religious relations in Russian society. He demonstrates the social significance of protection of the personal freedom of conscience and religious security from criminal trespasses in a democratic state. The author based results of his investigation on sociological findings and links to sources of domestic and foreign criminal law.

scholarly journals Mellem Skylla og Charybdis – træk af legalitetsprincippets historie i dansk strafferet

2017 ◽  
Vol 104 (1) ◽  
pp. 77-92
Author(s):  
Morten Kjær
Keyword(s):  
Criminal Law ◽  
Logical Consequence ◽  
Criminal Code ◽  
Criminal Cases ◽  
Wide Margin ◽  
Criminal Offenses ◽  
History Of ◽  
Principle Of Legality

This article deals with the history of the principle of legality in Danish criminal law. The principle of legality is a relatively new invention and was first introduced with the criminal code of 1866 § 1. Before that, courts were given broad discretion in criminal cases. This discretion must be viewed as the logical consequence of the lack of a comprehensive and systematic criminal code such as that first issued in 1866 where it replaced the sixth book in the National Law of Denmark1683. With the promulgation of a new systematic criminal code it was possible to introduce the principle of legality in Danish criminal law in 1866. While the principle of legality was designed to secure the predictability of the criminal law, measures were also taken in order to secure flexibility in the application of the code by the courts. The often casuistic definitions of the criminal offenses in the National Law of Denmark were thus replaced by abstract definitions and thecourts were generally left with a wide margin of discretion when it came to questions of punishment. The criminal code of 1866 was thus built on a compromise between legality and flexibility.

scholarly journals “Inconsequent Carelessness” in Modern Conditions of Criminal Legislative Reform: The Problem and Ways to Solve it

2021 ◽  
Vol 7 ◽  
pp. 3-13
Author(s):  
Serhii Bahirov
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
Mental Attitude ◽  
Legislative Reform ◽  
Criminal Offenses ◽  
Special Part ◽  
The Future ◽  
General Part ◽  
Normative Models

The article highlights the problem of inconsistency of legislative provisions on careless forms of guilt,which are contained in the General Part of the Criminal Code of Ukraine, to the constructive peculiarity ofcriminal offenses that are provided by the Special Part of this Code.The author draws attention to the problem which emerged due to the future transfer of a significantnumber of criminal offenses from the Code of Ukraine on Administrative Offenses to the book of criminaloffenses of the new Criminal Code of Ukraine. The vast majority of these offenses are constructed so as tohave a formal composition, to wit the consequences outside it. At the same time, the construction of acareless form of guilt and its varieties, recklessness and negligence, the normative models of which arecontained in the General Part of the draft Criminal Code of Ukraine, provides for a mental attitude to theconsequences.It is substantiated that the developers of the draft of the new Criminal Code of Ukraine will have todecide on one of the two directions of the system: either to completely abandon the criminalization ofinconsequent carelessness, leaving the legislative concept of carelessness covering only criminal offenseswith material composition, or to agree with the idea of presence of the inconsequent carelessness within theinstitute of criminal offense.Future problems with determining the form of guilt of criminal offenses are shown, if among theprovisions of the General Part of the projected Criminal Code of Ukraine there is a provision on the limitedpunishment of a careless behavior.The principle of constructing norms on criminal liability for careless acts is proposed, according towhich resultative careless delicts should be provided in the book of crimes, and careless offenses with aformal composition should be misdemeanors.In order to properly cover the provisions of the General Part of the future Criminal Code of Ukraine onthe carelessness of all constructive types of careless offenses, the author proposes to provide two types ofcareless form of guilt: resultative carelessness and inconsequent carelessness.Theoretical modeling of the relevant criminal law norms has been carried out, which will consolidate theinconsequent carelessness and its varieties.

scholarly journals Domestic And American Model Of Sanctions For Criminal Violations In The Economic Field: Critical Approach By A Comparativist

2021 ◽  
pp. 142-158
Author(s):  
D.V. Kamenskyi
Keyword(s):  
Criminal Law ◽  
Large Scale ◽  
Criminal Liability ◽  
The United States ◽  
Criminal Code ◽  
Critical Approach ◽  
Criminal Sanctions ◽  
American Experience ◽  
Criminal Offenses ◽  
Economic Crimes

The article critically reviews the models of criminal sanctions introduced in Ukraine and the United States for economic criminal offenses. It is emphasized that the meaning of the concept of punishment is inextricably linked to the fundamental category of criminal liability, which means the restrictions provided by criminal law for the exercise of the rights and freedoms of a person for committing a criminal offense. It has been noted that most American courts do not practice “linear” philosophy in terms of sentencing, but on the contrary, take the whole set of unique facts and circumstances with legal significance into account in each criminal case. It has been established that this approach partially resembles the content of paragraph 3, part 1 of Art. 65 of the Criminal Code of Ukraine: the court imposes punishment, taking into account severity of the crime, identity of the perpetrator as well as mitigating and aggravating circumstances. It has been also established that in comparison with the American domestic practice of sentencing in general and for economic crimes in particular seems unreasonably humane, such that it is not able to fully implement the purpose of punishment, declared in Art. 50 of the Criminal Code, and therefore, such as objectively unable to restrain the manifestations of illegal behavior in the economic sphere. The large- scale humanization of criminal liability for economic encroachments carried out by the Ukrainian legislator at the end of 2011, combined with the decriminalization of certain acts and the replacement of imprisonment with fines in sanctions of other norms, has intensified such negative trend. Third, the analysis of the content and application of the federal Penal Code demonstrates not only the advantages of this act of the federal criminal law, but also its individual shortcomings. There is a lot of criticism against this document’s provisions in terms of sentencing for economic crimes. The main reason for criticism is the purely arithmetic relationship between the amount of punishment and the amount of material damage caused by such a crime. Based on the results of elaboration of the American experience in terms of normative provision and practice of application of punishments for economic crimes, a position has been expressed on the expediency of introducing a model of limited formalization of punishments in Ukraine.

scholarly journals Overmacht Dalam Tindak Pidana Penganiayaan Yang Menyebabkan Korban Meninggal Dunia Perspektif Fiqh JinÂyah

2015 ◽  
Vol 1 (2) ◽  
pp. 327-335
Author(s):  
Muhammad Riza Fahmi
Keyword(s):  
Criminal Law ◽  
Islamic Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
District Court ◽  
Public Prosecutor ◽  
The Public ◽  
Self Defense ◽  
Conditional Sentence

Abstract: The Judge’s ruling in the legal decition of the Lamongan District Court No. 164/Pid.B/2013/PN.LMG on the crime of persecution that causes the death of the victim is regarded true since it has been fulfilled all elements as required by Article 351 Paragraph (3) of Criminal Code as indicted by the public prosecutor. In deciding this case, the judge also considered the testimony of witnesses, the information from the defendant, the facts revealed at the hearing as well as the things that burdensome and relieve the defendant. Therefore, the defendant shall be sentenced for 5 months in prison and does not have to go through due to the imposed conditional sentence. In Islamic criminal law, the case is equated with a semi-deliberate murder and sanctioned by diyât and kafârat in the form of ta’zîr. In this case, the defendant can not be punished because of his self-defense. So that the defendant is free from a criminal liability in Islam.Keywords: Persecution, victim died, Islamic law. Abstrak: Putusan hukum hakim Nomor: 164/Pid.B/2013/PN.LMG tentang tindak pidana penganiayaan yang mengakibatkan korban meninggal dunia berdasarkan telah terpenuhinya semua unsur-unsur dari pasal 351 ayat (3) KUHP seperti yang didakwakan oleh jaksa penuntut umum. Dalam memutuskan perkara ini hakim juga mempertimbangkan keterangan saksi, keterangan terdakwa, fakta-fakta yang terungkap di persidangan, serta hal yang memberatkan dan meringankan terdakwa. Oleh karena itu, terdakwa dipidana dengan 5 bulan penjara dan tidak perlu menjalaninya dikarenakan dikenakan hukuman bersyarat. Dalam fiqh jinâyah, perkara ini disamakan dengan pembunuhan semi sengaja. Untuk sanksinya yaitu membayar diyat dan kafârat, sedangkan untuk hukuman penggantinya berupa hukuman ta’zîr. Dalam kasus ini, para terdakwa meskipun telah melakukan perbuatan tersebut, namun tidak bisa dikenakan hukuman tersebut, karena adanya unsur pembelaan diri, sehingga terbebas dari pertanggungjawaban pidana dalam Islam.Kata Kunci: Penganiayaan,  meninggal dunia, Hukum Islam. 

scholarly journals Perjudian Online: Kajian Pidana atas Putusan Nomor 1033/PID.B/2014/PN.BDG

Lentera Hukum ◽  
2017 ◽  
Vol 4 (1) ◽  
pp. 31
Author(s):  
Muhammad Fajrul Falah ◽  
Fanny Tanuwijaya ◽  
Samuel SM Samosir
Keyword(s):  
Criminal Law ◽  
Criminal Code ◽  
Penal Code ◽  
Online Gambling ◽  
District Court ◽  
Public Prosecutor ◽  
Legal Research

Law Number 11 / 2008 on Information and Electronic Transaction (UU ITE) is the regulation concerning on criminal law in addition to the Criminal Code (KUHP). UU ITE is commonly regarded additional regulation of the Criminal Code as a special law (lex specialis) in which Penal Code is deemed as lex generalis. It is based on the principle of lex specialis derogate legi generalis. This article uses legal research to review the decision of District Court in Bandung Number 1033/PID.B/2014/PN.BDG where it comprises legislation and cases. It concludes that the judge is not frugal in applying the principle lex specialis derogat legi generalis in the consideration. This is associated with the indictment of public prosecutor which only prejudges with article 303 paragraph (1) to 2. In contrast, the indictment which does not meet the requirement of a careful, clear, and complete description asserts to become void by law. Keywords: Online Gambling, Criminal Principle, Indictment

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