scholarly journals THE DISTINCTION LAW OF PROCEDURE OF CORRUPTION CASE AND THE GENERAL COURT IN INDONESIAN CRIMINAL JUSTICE SYSTEM

2021 ◽  
Vol 6 (2) ◽  
pp. 302
Author(s):  
Sukmareni Sukmareni ◽  
Roni Efendi ◽  
Riki Zulfiko
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Ad Hoc ◽  
Secondary Data ◽  
The State ◽  
Judicial Process ◽  
Procedural Law ◽  
The Difference ◽  
Article 5

The Corruption Crime Court which based on Article 5 of the corruption Court Law has the authority to examine, adjudicate and decide on the corruption crime cases, money laundering crimes that was initiated by corruption crime and criminal acts that are expressly stipulated in other laws that considered as corruption act. The existence of sovereignty possessed by the State gives rise to jurisdiction (the authority to judge) in regulating the needs of the state both internally and externally. As a sovereign country, Indonesia has jurisdiction in resolving internal and external problems. There are three questions of the research; 1) What is the procedural law of the General Court in the Indonesian criminal justice system? 2) What is the procedural law of the Corruption Crime Court in the Indonesian criminal justice system?, 3) What is the difference between the procedural law of the Corruption Crime Court compared to the law of the General Court in the Indonesian criminal justice system ?.This research is hoped that the procedural laws used in the General Courts and the Corruption Crime Courts will be known, as well as the differences in the procedural laws used in the two Courts. This research is descriptive, using a normative juridical approach, especially the legal approach, used are secondary data as the main legal material in the form of laws relating to the procedural law of general courts and Corruption Crime courts. and qualitative analisis. Based on the research, it was found that differences in the procedural law of Corruption Crime courts compared to general court procedural law in the Indonesian criminal justice system were seen in the independence  of the Corruption Crime court institutions and the material that became the authority and the judicial process with the composition and members of the Panel of Judges consisting of career judges and ad hoc judges. division of duties for the presiding judge and its members, the period of time for the examination of the Corruption Crime and the evidence used, as well as their secret registrations which are also special in nature.

scholarly journals TINJAUAN YURIDIS EKSISTENSI HAKIM PENGAWAS DAN PENGAMAT DALAM SISTEM PERADILAN PIDANA INDONESIA

FIAT JUSTISIA ◽  
2016 ◽  
Vol 1 (2) ◽  
Author(s):  
Maroni Maroni
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
The State ◽  
Court Decisions ◽  
Procedural Law

Monitoring and observation of court decisions made by judges is a new institution in the criminal procedural law in Indonesia. Through monitoring and observation of expected gaps (gap) between what the judge decided and reality implementation of the criminal in prison can be bridged. Judges will be brought closer to the prosecutors and corrections officials so that judges can follow the development of the state of the convict. Keywords: Judge, Supervisor and Observer, the Criminal Justice System

scholarly journals C CRIMINAL LIABILITY AGAINST CHILDREN AS OFFENDERS OF NARCOTICS ABUSE BASED ON THE DECISION OF THE TEBING TINGGI DISTRICT COURT NO. 21/PID.SUS-ANAK/2018/PN.TBT

2021 ◽  
Vol 3 (1) ◽  
pp. 55-78
Author(s):  
Lidya Gultom, Syafrudin Kalo, Mahmud Mulyadi, M. Ekaputra
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Secondary Data ◽  
Court Decision ◽  
District Court ◽  
Judicial Process ◽  
The Government

The development of narcotics abuse is increasingly increasing. The government has issued regulations governing the handling of children as perpetrators of criminal acts of narcotics abuse, namely Law No. 35 of 2009 concerning Narcotics and Law No. 11 of 2012 concerning the Juvenile Criminal Justice System. This study will examine and analyze the Tebing Tinggi District Court Decision No. 21/Pid.Sus-Anak/2018/PN.TBT., Which has been decided by the judge for action against the child perpetrator of the crime of narcotics abuse, even though in the case diversion can be carried out, but not done. The problems in this study, namely: the criminal responsibility of child offenders of criminal offenses of narcotics abuse based on the Narcotics Law and the Child Criminal Justice System Law; analysis of decisions used as examples of cases in this study. This research is a descriptive normative legal research analysis. The data used are secondary data and empirical data. Furthermore, analyzed using qualitative analysis methods. The results showed that: First, the criminal act of narcotics crime based on the Narcotics Law and the Juvenile Criminal Justice System Law in both laws have narcotics crime; Second, Tebing Tinggi District Court Decision No. 21/Pid.Sus-Anak/2018/PN.TBT., Diversion was not attempted, which the Law Enforcement Officials, investigators, public prosecutors, and judges can seek diversion based on Article 7 of the Juvenile Criminal Justice System Law to avoid children from the judicial process, but not carried out.

scholarly journals ANAK NAKAL: DIVERSI DAN DILEMA PENERAPANNYA

2009 ◽  
Vol 39 (4) ◽  
pp. 418
Author(s):  
Eva Achjani Zulfa
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Justice System ◽  
Justice System ◽  
Law Enforcement Officers ◽  
Management Policy ◽  
Criminal Case ◽  
Judicial Process ◽  
Law Enforcement Officials ◽  
Discourse Management

AbstrakHandling problems through brat children and children who have problems with the law have occurred again when some kids sticking a gamble being arrested at near Soekarno Hatta Airport areas then processed into the judicial process. Diversion is a form of change the process by which a program can only take place on hold pre-adjudication in the criminal justice system. Forms of transfer or diversion of this case are indeed associated with the authority possessed discretion of law enforcement officers. Giddiness has appeared in the process of implementation of diversion by law enforcement officials, the search for forms of application of the criminal case handlingchild has become a growing discourse management. Policy taken toward the institution of criminal diversion not only becomes demand for law enforcement officers, but also must be institutionalized through plain legal mechanisms. It becomes author's concern to create more certain procedures to brighten solve on deviant children in this way

scholarly journals A history of Malawi’s criminal justice system: from pre-colonial to democratic periods

Fundamina ◽  
2020 ◽  
Vol 26 (2) ◽  
pp. 288-336
Author(s):  
Lewis Chezan Bande
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Late Nineteenth Century ◽  
Historical Period ◽  
Past Century ◽  
Limited Government ◽  
Correctional Services ◽  
Procedural Law ◽  
History Of

This contribution traces the historical development of the criminal justice system in Malawi, from the pre-colonial period, through the colonial and independence periods, to the contemporary democratic period. It highlights the major political hallmarks of each historical period and their impact on the development of the criminal justice system. The contribution shows that all aspects of the current criminal justice system – substantive criminal law, procedural law, criminallaw enforcement agencies, courts and correctional services – are products of political and constitutional processes and events of the past century. Their origins are directly traceable to the imposition of British protectorate rule on Nyasaland in the late nineteenth century. The development of the Malawian criminal justice system since then has been heavily influenced by the tension and conflict of colonialism, the brutality of one-party dictatorship and the country’s quest for a constitutional order that is based on liberal principles of democracy, rule of law, transparency and accountability, respect for human rights, limited government and equality before the law. To properly understand Malawi’s current criminal justice system, one has to know and appreciate its historical origins and development.

scholarly journals Legality Letter of Statement of Khilaf in Indonesia Criminal Justice System

FIAT JUSTISIA ◽  
2018 ◽  
Vol 12 (2) ◽  
pp. 128
Author(s):  
Rugun Romaida Hutabarat
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Criminal Law ◽  
Justice System ◽  
Primary Source ◽  
Secondary Data ◽  
Criminal Offense ◽  
Criminal Procedure Law ◽  
The Law ◽  
Criminal Matters

In criminal law, a person charged with a criminal offense may be punished if it meets two matters, namely his act is unlawful, and the perpetrator of a crime may be liable for the indicated action (the offender's error) or the act may be dismissed to the perpetrator, and there is no excuse. The reasons may result in the death or the removal of the implied penalty. But it becomes a matter of how if the Letter of Statement Khilaf is the answer to solve the legal problems. The person who refuses or does not do what has been stated in the letters is often called "wanprestasi" because the statement is categorized as an agreement. The statement includes an agreement which is the domain of civil law or criminal law, so its application in the judicial system can be determined. This should be reviewed in the application of the law, are there any rules governing wrong statements in the criminal justice system. By using a declaration of khilaf as a way out of criminal matters, then the statement should be known in juridical rules. This study uses normative juridical methods, by conceptualizing the law as a norm rule which is a benchmark of human behavior, with emphasis on secondary data sources collected from the primary source of the legislation. The result of this research is that the statement of khilaf has legality, it is based on Jurisprudence No. 3901 K / Pdt / 1985 jo Article 189 Paragraph (1) of Indonesian criminal procedure law. However, this oversight letter needs to be verified in front of the court to be valid evidence, but this letter of error is not a deletion of a criminal offense, because the culpability of the defendant has justified the crime he committed. Such recognition, cannot make it free from the crime that has been committed.Keywords: Legality, Letter of Statement, Criminal Justice System

West Belfast

The Hoods ◽  
2018 ◽  
Author(s):  
Heather Hamill
Keyword(s):  
Criminal Justice ◽  
Working Class ◽  
Criminal Justice System ◽  
Justice System ◽  
Political Conflict ◽  
The State ◽  
The Political ◽  
Irish Republican Army

This chapter argues that, from the early days of the political conflict in the 1970s the conditions were such that the Irish Republican Army (IRA) adopted some of the functions of the state, namely the provision of policing and punishment of ordinary crime. The hostility of the statutory criminal justice system, particularly the police, toward the working-class Catholic community dramatically increased the costs of using state services. The high levels of disaffection and aggression among working-class Catholics toward the police meant that the state could no longer fulfill its function and police the community in any “normal” way. A demand for policing therefore existed. Simultaneously, this demand was met and fostered by the IRA, which had the motivation, the manpower, and the monopoly on the use of violence necessary to carry out this role.

Criminology in the Arab World: Misconceptions, Nuances and Future Prospects

2019 ◽  
Vol 60 (3) ◽  
pp. 519-536
Author(s):  
Nabil Ouassini ◽  
Anwar Ouassini
Keyword(s):  
Economic Development ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Arab World ◽  
The State ◽  
Religious Violence ◽  
Future Prospects ◽  
Comparative Criminology

Abstract In the protests that occurred throughout the Arab world, the criminal justice system has been the focal contention between citizens and the state. However, the notoriety of Arab regimes has compelled academics to devote their endeavours to political/religious violence, economic development/stagnation and the durability of undemocratic systems that has inhibited the production of criminological scholarship. The study of criminology in the Arab world is critical and necessitates special attention. The following article propounds the establishment of an Arab criminology sub-field that highlights strategies in research in the region, evaluates the current approaches, addresses the challenges and examines its implications on southern, international and comparative criminology.

‘Coercive confinement’: An idea whose time has come?

Incarceration ◽  
2020 ◽  
Vol 1 (1) ◽  
pp. 263266632093644 ◽  
Author(s):  
Ian O’Donnell ◽  
Eoin O’Sullivan
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Asylum Seekers ◽  
Justice System ◽  
Psychiatric Hospitals ◽  
The State ◽  
Carceral State ◽  
National Programme

This article argues in favour of ‘coercive confinement’ as a useful addition to the criminological lexicon. It suggests that to properly understand a country’s level of punitiveness requires consideration of a range of institutions that fall outside the remit of the formal criminal justice system. It also requires a generous longitudinal focus. Using Ireland as a case study, such an approach reveals that since the foundation of the state, the prison has gradually become ascendant. This might be read to imply a punitive turn. But when a broader view is taken to include involuntary detention in psychiatric hospitals, confinement in Magdalen homes and mother and baby homes, and detention in industrial and reformatory schools, the trajectory is strongly downward. This might be read to imply a national programme of decarceration. (In recent years, asylum seekers have been held in congregate settings that are experienced as prison-like and they must be factored into the analysis.) While some of these institutions may have been used with peculiar enthusiasm in Ireland, none are Irish inventions. It would be profitable to extend the idea of ‘coercive confinement’ to other nations with a view to adding some necessary nuance to our understanding of the reach and grip of the carceral state.

The Muddied Path between the Criminal Court and the State Hospital

1980 ◽  
Vol 8 (4) ◽  
pp. 389-411
Author(s):  
Jeffrey L. Geller
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
State Hospital ◽  
Treatment Program ◽  
Professional Education ◽  
Justice System ◽  
Community Care ◽  
Community Education ◽  
Criminal Court ◽  
The State

The court's use of the state hospital has been characterized by misuse of criminal commitment statutes to gain admission for defendants. The author examines this process by focusing on the interaction between hospital and court during a 1-month period. The outcome indicates that despite the best intentions of both the legal and the psychiatric professions, criminal commitments yield neither a treatment program nor an aftercare plan. Specific suggestions concerning professional education, forensic services, chronic community care, and community education are made with a focus toward the diminution of inappropriate referrals to the state hospital by the criminal justice system.

scholarly journals PERAN PENYIDIK DALAM PENERAPAN DIVERSI TERHADAP PERKARA TINDAK PIDANA ANAKDI WILAYAH KABUPATEN POHUWATO

2019 ◽  
Vol 2 (1) ◽  
pp. 35-46
Author(s):  
MUHAMMAD RIZAL LAMPATTA
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Child Protection ◽  
Justice System ◽  
Secondary Data ◽  
Data Sources ◽  
Primary Data ◽  
Research Libraries ◽  
Professional Worker

The perpetrator of the criminal act of the child cannot be equated with criminal adults. Therefore, it needs more attention in the case of children. However, the child is the successor Nations that should be developed physically and mentally. The purpose of this research is to analyze the role of the Ombudsman in the performance of Marisa Polres versioned as well as analyze constraints are faced by Investigators in implementation Marisa Polres versioned. This type of research is research used empirical research focus i.e. normative on secondary data sources (research libraries). This research uses the main data source, i.e. secondary data, backed up with primary data sources. Secondary data is used that is derived from legislation such as the ACT on criminal justice system of the child, the child protection ACT, Act No. 8 Of 1981 Year Book of the Police Act, Police ACT and some of the literature-literature as well as the results of his research, and books related to the role of the Ombudsman in conducting versioned on criminal act committed by the child. Research results show that Marisa Polres in performing the investigation is a criminal act committed by the child by women and children protection Unit (UPPA). Starting from the stage of investigation, arrest, detention up at the stage of investigation conducted in accordance with the mandate of the ACT on the criminal justice system. Investigators in conducting versioned, get consideration from BAPAS. In addition, the investigators also act/mediator to conduct deliberations involving the child and the parent/guardian, the victim and the parent/guardian, supervisor of community, social professional worker based on approach restorative. Obstacles faced by Investigators in the conduct of Marisa Polres diversion that is not yet the existence of BAPAS in counties Marisa so complicate investigators to coordinate in terms of asking for consideration in doing versioned. In addition the party victims sometimes do not want to make peace so that the attempted diversion by Investigators was not achieved.

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