scholarly journals KERUKUNAN ANTARUMAT BERAGAMA DALAM PERSPEKTIF HUKUM PIDANA

2019 ◽  
Vol 1 (2) ◽  
pp. 120-213
Author(s):  
July Esther
Keyword(s):  
Criminal Law ◽  
Religious Diversity ◽  
Religious Communities ◽  
Public Order ◽  
Criminal Sanctions ◽  
Presidential Decree ◽  
The Republic ◽  
Or Organization

Abstract Religious diversity is often a challenge in harmony, there is still statically addressed (exclusive), has not led to a motion proactive in building unity among religious. Harmony among religious believers in the perspective of criminal law refers to one of the articles in the Code of Penal about setting Crimes Against Public Order, namely Article 156a, which is the rider with the Presidential Decree of the Republic of Indonesia Number 1 / the 1965 on the Prevention of Abuse and / or blasphemy. Treatment of the perpetrators either individual or organization or belief is preceded procedural measures and stages of criminal sanctions for perpetrators of violations of Article 1 of the Republic of Indonesia Presidential Decree No. 1 / the 1965 as the final sanction which wants peace.Keywords: harmony, religious communities, the criminal law.

CRIMINAL LAW IN PROTECTION OF HEALTH FROM THE ABUSE OF DRUGS IN SERBIA

2018 ◽  
Vol 28 (6) ◽  
pp. 1939-1946
Author(s):  
Miodrag Simović ◽  
Dragan Jovašević ◽  
Marina M. Simović
Keyword(s):  
United Nations ◽  
Criminal Law ◽  
International Standards ◽  
Individual State ◽  
Criminal Sanctions ◽  
Criminal Offenses ◽  
Different Types ◽  
The Republic ◽  
To Come ◽  
Practical Sense

Based on international standards adopted within the framework and under the Organisation of the United Nations, all national legislations recognise several different types and forms of criminal acts regarding misuse of narcotics. It is the matter of various activities of unauthorized production, traffic and other forms of inciting or enabling others to come into possession of narcotics for immediate use, which seriously endangers the health and life.Depending on the needs of each individual state, the distinction is made between the offenses, for the perpetrators are given different types and measures of penalties and other criminal sanctions. A similar situation exists in the Republic of Serbia.The paper analyzes the system of criminal offenses in various types and forms of manifestation in the theoretical and practical sense for whose offenders that are prescribed serious criminal sanctions.

scholarly journals Prohibition on practicing a profession, activity or duty in the criminal law of Republic of Serbia

2020 ◽  
Vol 2 (1) ◽  
pp. 35-45
Author(s):  
Darko Dimovski ◽  
Ivan Milić
Keyword(s):  
Criminal Law ◽  
Basic Principle ◽  
Labor Law ◽  
Human Right ◽  
Protective Measures ◽  
Criminal Sanctions ◽  
Right To Work ◽  
Specific Activities ◽  
The Republic ◽  
The Right

As a basic principle, the "right to work" is guaranteed under the Constitution of the Republic of Serbia. This human right is further elaborated primarily in the Labor Law, but also in other laws that stipulate the conditions for the establishment, exercise and termination of employment. This paper emphasizes the possibility of restricting both natural and legal persons, including entrepreneurs, to practicing a particular profession, activity or duty, resulting from the imposition of criminal sanctions. The security and protective measures in the criminal law of the Republic of Serbia prohibiting the practice of specific activities are also emphasized. One of the aims is to point out the consequences of the measures imposed, which are often more severe than the sentence itself.

scholarly journals Pengaturan Sanksi Pidana Bagi Pelaku Pembakaran Hutan

2021 ◽  
Vol 2 (2) ◽  
pp. 313-319
Author(s):  
Sang Bagus Nyoman Wahyuda Putra ◽  
I Nyoman Gede Sugiartha ◽  
Luh Putu Suryani
Keyword(s):  
Criminal Law ◽  
Civil Law ◽  
Criminal Code ◽  
Administrative Law ◽  
Legal Basis ◽  
Criminal Sanctions ◽  
Legal Code ◽  
Regulation Scheme ◽  
The Republic ◽  
Statutory Regulation

The base burning which is getting more and more massive every year in the archipelago because of the large number of land clearing by burning forests. For this reason, the burning of the widening of the plinth can cause natural destruction to disturb the fitness of the residents, to be quietly located, and to obtain a good and fit nature of life, which is the feasibility of such citizens as voiced in Article 28 h paragraph (I) of the 1945 Constitution of the Republic of Indonesia. The purpose of this study was to determine the legal arrangements for forest burning agents and to know the criminal sanctions for forest fire offenders. The method used in the preparation of this research is a normative legal study using a problem study using a legal basis that applies to laws and regulations contained in the literature. The method used for the following research is juridical normative, analytical descriptive in nature, and using the statutory regulation scheme, the executor of the scorching action of bases and land that continuously carries out scorching grounds should be carried out under criminal law, civil law in the form of penalties and administrative law takes the form of abolishing the business permit management permit. Law Number 41 Year 1999 Law Number 19 Year 2004 regarding Reason, Law Number 32 Year 2009 regarding Environmental Protection and Management, Civil Code, Criminal Code and Legal Code The administration, in fact, is unable to make a sense of the craving for the executors of the crime of burning forests and land who carry out scorching of bases and land because there is still a problem of burning the base.

scholarly journals Basic Characteristics of the Commercial Criminal Law of the Republic of Srpska / Osnovne karakteristike privredno kaznenog prava Republike Srpske

2014 ◽  
Vol 4 (4) ◽  
pp. 68
Author(s):  
Драган Јовашевић
Keyword(s):  
20Th Century ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Modern World ◽  
Legal Entity ◽  
Criminal Sanctions ◽  
Criminal Offenses ◽  
The Republic ◽  
Basic Characteristics ◽  
Legal Entities

Considering the fact that in the modern world that knows no borders between countries and even continents, legal entities commit serious criminal offenses in the field of commercial, financial, computer, environmental, and similar operations. At the end of the 20th century, a lot of countries introduced a system of criminal responsibility and punishability of legal entities. Since the legal entity has no consciousness or will, i.e. is unable to take physical movements that would cause the consequence of a crime, specific rules on responsibility and application of criminal sanctions have been prescribed for this type of perpetrators. In this way, a new branch of criminal law was constituted - commercial criminal law. This paper deals precisely with the basic characteristics of commercial criminal law.

scholarly journals Parole Criminal Law And Practice Of The Republic Of Srpska / Primjena uslovnog otpusta u Republici Srpskoj

2015 ◽  
Vol 5 (5) ◽  
pp. 5
Author(s):  
Ljubinko Mitrović
Keyword(s):  
Criminal Law ◽  
Criminal Policy ◽  
Criminal Code ◽  
Correctional Institution ◽  
Conditional Release ◽  
Criminal Sanctions ◽  
The Republic ◽  
The One ◽  
Almost All ◽  
Conditional Discharge

Conditional release of the convicted person is an important and almost all modern criminal systems applicable criminal law, criminal policy and penalty doctrine, which has a very important role from the viewpoint of a particular impact on the convicted person in terms of its further re-socialization, or repair, now in a new, changed circumstances in compared to the one which housed while in the correctional institution. Thus, in the Republic of Srpska, where, according to Article 154, Paragraph 1 of the Law on Execution of Criminal Sanctions Srpska, convicted persons for which it is reasonable to expect that he would not do the crimes, and was sentenced achieve the purpose of punishment can expect a conditional discharge from a criminal correctional institutions in accordance with the provisions of the Criminal Code of the Republic of Srpska, certainly to encourage their personal efforts to engage in life at large. It is on conditional release and its specific characteristics in general, and in particular the Institute of parole in the codes of the Republic of Srpska (Bosnia and Herzegovina) will be discussed in this paper.

scholarly journals Advokasi Dualisme Kebebasan Visa di Indonesia

2020 ◽  
Vol 9 (3) ◽  
pp. 608
Author(s):  
Dewa Krisna Prasada
Keyword(s):  
Legal Research ◽  
Criminal Sanctions ◽  
Legal Provisions ◽  
Presidential Decree ◽  
The Republic ◽  
The Government ◽  
Domestic Affairs ◽  
Administrative Sanctions ◽  
Tourism Economy ◽  
And Control

Visa is a written letter that has an element of legality used when one visits another country. In 2016 the President of the Republic of Indonesia issued a Presidential Regulation regarding Visa-Free Visit. Presidential Decree Number 21 Year 2016 concerning Visa-Free Visit (BVK) provides an opportunity for 169 countries to freely visit the territory of the Republic of Indonesia without a visa. With this provision, it creates dualism in a social environment. On one hand, this provision is beneficial in increasing the tourism economy, and on the other hand, the growth of the risk of criminalization by foreigners is increasing. This study aims to provide a solution to the problem in legal provisions to prevent and control the traffic of foreigners to Indonesia after the enactment of the BVK and how to sanction citizens who abuse the visa-free visit permit. This study uses normative legal research methods. The results of this study indicate that the rules that determine the supervision and implementation of the rules systematically against foreigners who abuse BVK are specified in Law Number 6 Year 2011, Regulation of the Ministry of Law and Human Affairs (Permenkumham) Number 17 Year 2016, and Regulation of the Ministry of Domestic Affairs (Permendagri) Number 49 Year 2010. In addition, for foreigners who are caught having committed violations, the government can provide administrative sanctions up to criminal sanctions and deportation. From the perspective of the ius constituendum, the provisions regarding BVK need to carry out legal reconstruction to determine specific sanctions against foreigners who commit violations. Besides, there is a need for provisions regarding the system for providing BVK to foreigners in detail so that it is right on target. Visa merupakan sesuatu surat tertulis yang memilki unsur legalitas yang digunakan dalam kegiatan kunjungan menuju negara lain. Pada tahun 2016 Presiden Republik Indonesia mengeluarkan Peraturan Presiden mengenai bebas visa kunjungan. Perpres Nomor 21 Tahun 2016 tentang Bebas Visa Kunjungan (BVK) memberikan kesempatan bagi 169 negara untuk bebas berkunjung ke wilayah Republik Indonesia tanpa visa. Ketentuan tersebut menimbulkan dualisme dalam suatu lingkungan sosial. Di satu sisi, ketentuan ini menguntungkan dalam peningkatan ekonomi pariwisata, dan di sisi lain pertumbuhan resiko kriminalisasi oleh orang asing kian bertambah. Kajian ini bertujuan memberikan suatu jawaban dari permasalahan dalam ketentuan hukum untuk mencegah dan mengendalikan lalu lintas orang asing ke Indonesia pasca berlakunya BVK dan bagaimana sanksi kepada warga yang menyalahgunakan izin bebas visa kunjungan. Kajian ini menggunakan metode penelitian hukum normatif (normative legal research). Hasil penelitian ini menunjukkan bahwa aturan-aturan yang menentukan mengenai pengawasan dan berjalannya aturan secara sistematis terhadap orang asing yang menyalahgunakan BVK ditentukan dalam Undang-Undang Nomor 6 Tahun 2011, Permenkumham Nomor 17 Tahun 2016, dan Permendagri Nomor 49 Tahun 2010. Selain itu bagi orang asing yang tertangkap telah melakukan pelanggaran, pemerintah dapat memberikan sanksi administratif sampai sanksi pidana dan deportasi. Dari prespektif ius constituendum ketentuan mengenai BVK perlu dilakukan rekonstruksi hukum guna menentukan sanksi secara khusus terhadap warga asing yang melakukan pelanggaran. Selain itu, perlu adanya ketentuan mengenai sistem pemberian BVK kepada orang asing secara mendetail agar tepat sasaran.

scholarly journals ANALISIS TUJUAN PEMIDANAAN DALAM PEMBARUAN HUKUM PIDANA NASIONAL TERKAIT TINDAK PIDANA ADAT (STUDI DELIK ADAT BALI)

2021 ◽  
Vol 16 (2) ◽  
pp. 183
Author(s):  
I Wayan Suardana ◽  
I Made Walesa Putra
Keyword(s):  
Restorative Justice ◽  
Criminal Law ◽  
Criminal Code ◽  
Customary Law ◽  
Law Reform ◽  
Criminal Sanctions ◽  
Positive Law ◽  
The Supreme Court ◽  
The Republic ◽  
Civil Courts

<p><em>Reform of the National Criminal Law is absolutely necessary with political, practical and sociological considerations. The amend of Criminal Code also include adjustments of the punishment aims, which leads to restorative justice. Likewise the sanctions for criminal offense in adat law, the punishment is less than optimal if only imposed the freedom deprivation to the perpetrator's, it is necessary to make efforts in restoring the situation (balance).</em></p><p><em>This type of research is normative research, by analyzing norms and legislation related to the aim of punishment in customary offenses.</em><em> </em><em>The results of the research that is the aim of customary sentencing is not specifically regulated in positive law, but customary criminal law have the power to apply, based: Article 18 B paragraph (2) of The 1945 State Constitution of the Republic of Indonesia, Emergency Law No. 1 of 1951 on Temporary Measure in Organizing the Unity of the powers and procedure of Civil Courts, Law No. 48 of 2009 on Judicial Power, Law No.39 of 1999 on Human Rights, and the Supreme Court Decisions, among others: (1) Decision No. 1644K / Pid / 1988 dated May 15, 1991; (2) Decision No. 984 K / Pid / 1996 dated January 30, 1996. </em></p><p><em>In the positive law, there is a reflection of restorative justice as a concept that developed in modern criminal law in line with the purpose of sentencing the customary offenses. The aim of sentencing as ius constituendum is formulated in Article 55 paragraph (1) of the 2017 Criminal Code Concept which includes resolving conflicts that arise, restoring balance, and bringing sense of peace and secure in the community, which is in line with customary criminal sanctions because of the visible values of customary law; resolve conflicts, restore balance, and bring a sense of peace in society.</em></p><p><strong> </strong></p><p><strong>Keywords</strong>: Analysis, Purpose of Sentencing, Criminal Law Reform, Customary Criminal Act</p>

scholarly journals Pengaturan Tindak Pidana Pemerkosaan terhadap Sesama Jenis Kelamin Ditinjau dari Pasal 292 Kitab Undang-undang Hukum Pidana

2021 ◽  
Vol 2 (2) ◽  
pp. 354-358
Author(s):  
Tia Nur Larasati ◽  
I Nyoman Gede Sugiartha ◽  
Diah Gayatri Sudibya
Keyword(s):  
Criminal Law ◽  
Research Method ◽  
Criminal Code ◽  
Same Sex ◽  
Criminal Sanctions ◽  
Depth Analysis ◽  
Legal Sanctions ◽  
Opposite Sex ◽  
The Republic ◽  
Sense Of Justice

It can be said that the conviction of perpetrators of same-sex rape can be said to still contain obscure normsand that the Law of the Republic of Indonesia number 1 of 1946 concerning Criminal Law Regulations or the KUHP does not contain specific provisions that clearly regulate it. Article 292 of the Criminal Code is the only article of the Criminal Code that provides regulations regarding the crime of same sex rape. However, Article 292 of the Criminal Code only regulates the criminal act of same sex rape against minors as it can be categorized as an element of the crime of rape as stipulated in Article 285 of the Criminal Code, a criminal act of rape must be committed by men against women. The purpose of this study was to determine the criminal act of same sex rape according to Article 292 of the Criminal Code and to determine the legal sanctions against the perpetrator of the crime of same sex rape in Indonesia. The research method used is normative research, this type of normative research focuses on the collection and in-depth analysis of legal materials and also searches for their meaning in order to find solutions to the problem. Legal sanctions for perpetrators of the crime of rape of the same sex in Indonesia refer to the provisions of Article 292 of the Criminal Code, which is punishable by a maximum imprisonment of five years, as with the weight of the crime of a criminal act of rape whether committed against the opposite sex or of the same sex, punishment a maximum sentence of 5 (five) years is deemed not to contain a sense of justice, the formulation of criminal sanctions for rape in Articles 285 and 292 of the Criminal Code can be considered to be out of date or outdated.

scholarly journals Pertanggung Jawaban Pidana Terhadap Pelanggaran Izin Tinggal Keimigrasian oleh Mahasiswa Asing di Indonesia

2016 ◽  
Vol 2 (2) ◽  
pp. 83-89
Author(s):  
Endah Lestari Dwirokhmeiti
Keyword(s):  
Foreign Students ◽  
Research Method ◽  
Public Order ◽  
Literature Study ◽  
Residence Permit ◽  
Applicable Law ◽  
Criminal Sanctions ◽  
Administrative Action ◽  
The Republic ◽  
The Government

This study aims to investigate the implementation of the Immigration Act the Government of the Republic of Indonesia No. 6 of 2011, which regulates the residence permit and to determine the response to criminal acts of abuse and residence permit immigration by foreign students in Indonesia. This research method is implemented with the normative, where researchers conducted a literature study by way of examining the books , litertur , and legislation relating to matters that will be discussed in the thesis writer . The findings obtained from this study include: (1) the implementation of the Law of the Republic of Indonesia No. 6 in 2011, with about handling abuse and violators of residency immigration has been running with the maximum, but there are several obstacles that occur within the system implementation of the completion of a issue a limited residence permit. (2) the response to the crime of abuse and violation of residence permit the immigration dilakuan judicial action submitted to the police and then processed through the court, and may be subject to criminal sanctions in accordance with the provisions of applicable law, or by administrative action. Immigration officials authorized to conduct immigration adminitratif actions against foreigners in Indonesia which could jeopardize the security and public order as described in Law No. 6 of 2011 on immigration. Keywords: Abuse, Immigration, Foreign Students.

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