scholarly journals FENOMENA TINDAKAN MAIN HAKIM SENDIRI DALAM HUKUM NEGARA DAN HUKUM ISLAM

PERADA ◽  
2018 ◽  
Vol 1 (2) ◽  
pp. 141-150
Author(s):  
Asrizal Saiin ◽  
Ahmad Iffan
Keyword(s):  
Human Dignity ◽  
Criminal Code ◽  
Moral Values ◽  
Religious Teaching ◽  
The Law ◽  
Criminal Legislation ◽  
The Way

Perbuatan main hakim sendiri tidak hanya merugikan negara tetapi dapat meruntuhkan moral masyarakat. Tindakan main hakim sendiri telah diatur di dalam agama Islam dan Undang-Undang Dasar Negara Indonesia. Tindakan main hakim sendiri belum diatur secara khusus dalam peraturan perundang-undangan pidana terkhususnya Kitab Undang-undang Hukum Pidana (KUHP). Akan tetapi, bukan berarti KUHP tidak dapat diterapkan sama sekali jika terjadi perbuatan main hakim sendiri, Main hakim sendiri selain merupakan perbuatan melawan hukum juga bertentangan dengan ajaran agama Islam. Agama Islam mengajarkan untuk melakukan tabayyun (memintai keterangan) terlebih dahulu. Berbagai dalil Alquran menjelaskan bagaimana tindakan main hakim sendiri adalah perbuatan sangat keji dan dilarang oleh norma agama. Argumentasi terkait tindakan main hakim sendiri didasari oleh pemikiran masyarakat yang menganggap bahwa perbuatan berdua-duaan di suatu tempat antara dua orang yang berbeda jenis kelamin yang belum menikah merupakan perbuatan yang melanggar norma yang tidak sesuai dengan ajaran agama, kesusilaan dan kesopanan. Walaupun demikian, cara penyelesaian masalah tersebut adalah tetap mengedepankan nilai-nilai moral yang menjunjung tinggi harkat dan martabat manusia.   Abstract : The vigilante act does not only harm the nation but also damages people's morale. It is regulated in Islam and the Indonesian Constitution. It has not been specifically regulated in criminal legislation specifically in the Criminal Code (KUHP). However, it does not mean that the Criminal Code cannot be applied at all if there is a vigilante act. It does not only oppose the law but also it is contrary to the Islamic teaching. Islam teaches to confirm first. Various Quranic Dalil explain how vigilante acts are very despicable and prohibited by religious norms. The argument related to vigilante act is based on the public's thought that the act of two-person somewhere between two people of different sexes is an act that violates the norm. It is not suitable with religious teaching, decency and politeness. Therefore, the way to solve the problem is to keep emphasizing moral values ​​that uphold human dignity.

scholarly journals New solutions in the juvenile criminal law in the light of the restorative justice

Temida ◽  
2007 ◽  
Vol 10 (1) ◽  
pp. 15-23
Author(s):  
Dragan Jovasevic
Keyword(s):  
Restorative Justice ◽  
Criminal Law ◽  
Criminal Code ◽  
Criminal Sanction ◽  
Efficient System ◽  
Criminal Sanctions ◽  
The Law ◽  
Criminal Protection ◽  
Criminal Legislation ◽  
The Way

New criminal legislation got into force in Serbia at the beginning of 2006. In that way, Serbia got unique Criminal Code which includes all provisions of material criminal law except provisions related to the criminal position of juveniles. System of criminal sanctions for juvenile off enders, procedure for their imposition and the way, procedure and terms for their execution are regulated by the provisions of the separate law - the Law on juvenile off enders and criminal protection of juveniles. Some of the most important novelties introduced by new juvenile criminal law are system of diversion, i.e. system of diversion orders, which aim at excluding the imposition of criminal sanctions in the cases when criminal sanction is not necessary from the perspective of crime suppression. Bearing that in mind, this paper is dedicated to forms of diversion orders as a form of measures that lead to more efficient system of restorative justice within our new juvenile criminal legislation. .

scholarly journals Euthanasia Formulation Policy in Indonesia's Criminal Legislation and Implications for Patient Life

2021 ◽  
Vol 04 (05) ◽  
Author(s):  
Indira Inggi Aswijati ◽  
Keyword(s):  
Criminal Code ◽  
Active Euthanasia ◽  
Passive Euthanasia ◽  
Mercy Killing ◽  
The Gift ◽  
The Law ◽  
Criminal Legislation

No religion is recognized in Indonesia that allows euthanasia to be carried out. Because indeed an action in English called mercy killing or murder based on mercy can also be said to be contradictory to its name, where in carrying out the manifestation of mercy it is precisely what is done is to take the life of man, the gift of the Almighty and should be respected and guarded. Formulation of Article 344 of the Criminal Code concerning euthanasia has a weakness, among others: The existence of elements: at the request of the person himself expressed with sincerity, which makes it difficult to prove and prosecute. Article 344 of the Criminal Code is about active euthanasia, whereas the law of passive euthanasia is not regulated. Delict euthanasia is an ordinary offense, and is not an offense, so it is demanded the tenacity and sharpness of the investigating apparatus and investigators to reveal whether an act of euthanasia has been committed.

scholarly journals Critisism of The Juridical Positivism Paradigm on The Meaning of Pornography In The Judge Mindset

2018 ◽  
Vol 54 ◽  
pp. 07002
Author(s):  
Erni Wulandari ◽  
Rini Fidiyani
Keyword(s):  
Criminal Code ◽  
Institutional Structure ◽  
Legal Research ◽  
Legal Science ◽  
Social Sensitivity ◽  
Social Theories ◽  
The Law ◽  
Definition Of ◽  
Contextual Meaning ◽  
The Way

Pornographical in the way of lex spesialis was regulated in The Law No. 44/2008 and lex generalis loaded on The Criminal Code. The Judge interpreting pornography refer to textual definition of pornography according to the Law No. 44/2008 according the data founded that dominantly on juridical positivist paradigm. Juridical positivist paradigm is not the only one paradigm that used by the judge, moreover related about pornographical, need the change of appropriate paradigm concerning the judge mindset in interpreting pornography recorded to the judge considerations. The aim of this writing is to criticize the judge mindset and social sensitivity in interpreting and handling pornography. This study used qualitative and socio legal research to reveal the judicial considerations textual-contextually. With exposing the textual-contextual meaning of judge’s considerations, it can be traced to the legal paradigm used by judges and need to use appropriate legal paradigm related to the use of social theories that support it. The judge needs to have a non-doctrinal legal science perspective on the correct legal paradigm reform in giving judges consideration to pornographic cases. Judges are more likely shackled to the institutional structure and establishment of the juridical positivism paradigm.

scholarly journals Legal protection of victims under criminal law in the Republic of Macedonia

Temida ◽  
2008 ◽  
Vol 11 (1) ◽  
pp. 25-46 ◽  
Author(s):  
Oliver Bacanovic
Keyword(s):  
Juvenile Justice ◽  
Restorative Justice ◽  
Criminal Law ◽  
Legal Protection ◽  
Criminal Procedure ◽  
Criminal Code ◽  
Republic Of Macedonia ◽  
The Law ◽  
The Republic ◽  
Criminal Legislation

The author tried to outline the status of crime victims in Macedonian criminal and juvenile legislation by analyzing three legal texts referring to legal protection of victims under criminal law in the Republic of Macedonia (the Criminal Code, the Law on Criminal Procedure Act and the Law on Juvenile Justice). The basic questions which have been analyzed from the criminal substantial aspect include: the rights and interests of the victims as a consistent part of contemporary criminal policy and Criminal Code reforms, the elements of diversion model based on concept of restorative justice in criminal legislation and victimology aspects of some significant novelties in the special part of criminal law. In this article two dimensions dealing with a change of status of damaged person in criminal procedure of the Republic of Macedonia have been analyzed, while taking into consideration new trends and comparative experiences in this field. One dimension is the role of the damaged person and incorporation of elements of restorative justice in the criminal procedure, while the other dimension includes help and support of the victims and prevention of their secondary victimization. While analyzing suitable provisions of the Law on Juvenile Justice, the author focuses on its solutions that deserve more attention because of its innovations. The consequent realization of the concept on which this law is based on, and in which the victim, at the same time, has a significant role is another confirmation of the rule that the changes of juvenile legislation creates good basis for future reforms of criminal legislation regarding the adult offenders.

scholarly journals Features of criminal liability and punishment of juveniles: reality and perspectiv

2021 ◽  
Vol 2021 (2) ◽  
pp. 115-126
Author(s):  
О. І. Mytska ◽  
Keyword(s):  
European Union ◽  
Criminal Responsibility ◽  
Rapid Development ◽  
Criminal Liability ◽  
Criminal Code ◽  
International Standards ◽  
Criminal Offense ◽  
The Subject ◽  
The Law ◽  
Criminal Legislation

In the article the author analyses the features of criminal liability and punishment of juveniles in the current criminal legislation. Particular attention is paid to the release of adolescents from punishment and serving sentences. The author points out that for a long time there have been discussions among scholars about the possibility and expediency of applying to adolescents release from punishment and serving sentences considering the obvious need for their urgent re-education and return to the law-abiding citizens. The author categorically looks positively at this subinstitution of criminal legislation and believes that in some way it allows criminal legislation to perform its protective, educational and preventive functions. It also notes that the list of currently available types of release for both adults and juveniles is quite limited, which does not allow to fully differentiate them according to the specifics of the criminal offense committed by each individual juvenile. A comparative analysis of the current criminal legislation with the draft of the new Criminal Code of Ukraine is carried out. It is stated that scientists have identified not only juveniles but also young people, which is also due to the European vision of the subject of the criminal offense. Most criminal legislations of the Member States of the European Union have a similar differentiation. It is concluded that despite the rapid development of criminal legislation and Ukraine itself, the legislative vision of the limits of criminal responsibility and punishment of juveniles remains almost unchanged. A study of the draft of the new Criminal Code of Ukraine showed that only the age of the subject of the criminal offense was revised, as well as certain features of punishment and release from it. At the same time, any fundamentally new alternative criminal-legal measures and means of interaction with juvenile offenders are not provided, which indicates that the juvenile criminal legislation of Ukraine is not yet fully compliant with European and international standards of justice according to juveniles who are in conflict with the law. Key words: juvenile, criminal liability, punishment, release from punishment and serving sentences, draft, new Criminal Code, European Union.

THE PROBLEM OF CORRELATION OF ARTICLES 275 AND 276 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION

2021 ◽  
Author(s):  
Anna Sergeevna Alexandrova ◽  
◽  
Roman Vladimirovich Vasilyev ◽  
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Code ◽  
The Russian Federation ◽  
The Law ◽  
Criminal Legislation

the article is devoted to the problem of the correlation of crimes provided for in Articles 275 and 276 of the Criminal Code of the Russian Federation ("High treason" and "Espionage"). Some inaccuracies were identified when distinguishing the components of these criminal acts. The law enforcement practice was also studied. Proposals were made to introduce some changes to the current criminal legislation of the Russian Federation.

On Introduction in Russia of the Institute of Criminal Liability for Legal Persons (Corporations)

2015 ◽  
Vol 3 (11) ◽  
pp. 0-0
Author(s):  
Илья Власов ◽  
Ilya Vlasov
Keyword(s):  
Criminal Responsibility ◽  
Criminal Liability ◽  
Strict Liability ◽  
Criminal Code ◽  
European Countries ◽  
Anglo Saxon ◽  
Constitutional Tribunal ◽  
The Law ◽  
Criminal Legislation ◽  
International Conventions

The number of European countries which have included into their national legislation the provision on criminal liability for legal persons (corporations) has been continuously growing. The following countries remain essential supporters of preserving criminal liability for individual guilt: Germany, Russia, Italy, and, may be, Poland, where after the adoption of the Law on Liability of Collective Entities for punishable offences, the Constitutional Tribunal in 1994 adopted the decision to consider this liability to be not criminal, but sui generis. Some Russian legal theorists were quick to support the tendency to recognize the practicability of introducing criminal liability for legal persons in spite of centuries-old traditions of liability for a personal guilt that is characteristic of the criminal law of the European continental countries. This can be explained by an excessive influence of the Anglo-Saxon common law countries, whose representatives went all out during the preparation of many international conventions to include into them the provisions that require establishing criminal liability for legal persons in national legislations of the European countries. But none of such conventions mentions the basis for criminal liability of legal persons. They fail to mention this fact, otherwise they would have to state that such liability suggests only strict liability. The author of the article tries to prove the irrelevancy of the above-mentioned type of liability in Russia with its rather effective administrative law and fairly solid provisions of the civil legislation which help to efficiently fight the damage incurred by legal persons (corporations) to different entities protected by the law. Introduction of the provisions on criminal liability for legal persons into the Russian criminal legislation touches upon the foundation on which all types of legal liability in this country are based on, as well as domestic centuries-old traditions, for it is not possible, without changing anything in the principal structure of the criminal responsibility, to simply include, without solid justification of the adopted changes, a new provision into the Criminal Code of the Russian Federation, in which only a range of criminal acts for which legal persons may be liable would be outlined, without indicating grounds for their criminal liability, in contrast with the grounds for the liability of physical persons.

scholarly journals Remarks on the determinants of the criminal policy pursued by the courts via the example of the implementation of Article 178a § 2 of the Criminal Code and Articles 62–62a of the 2005 law on Counteracting Drug Addiction

2021 ◽  
Vol 57 ◽  
pp. 13-31
Author(s):  
Anna Muszyńska
Keyword(s):  
Drug Addiction ◽  
Criminal Policy ◽  
Criminal Code ◽  
Penal Code ◽  
Penal Policy ◽  
The Law ◽  
Written Law ◽  
Criminal Legislation ◽  
The Impact

The author of the study joins the discussion on the factors shaping the criminal policy characteristic for the period of validity of the Penal Code of 1997. She does so based on a selected fragment of the legal reality, outlining the impact of the criminal legislation on the criminal policy in terms of implementation of the latter by the courts. The author uses the example of the regulations of Article 178a § 2 of the Criminal Code and Articles 62–62a of the 2005 law on Counteracting Drug Addiction concerning their normative and practical terms. Analysing the crimes indicated, which belong to common behaviours, She reflects on the complexity of relations between the written law and the law in action. In conclusion, the author emphasises that it is the law in action and the examination of its results that refl ects factors that have specific significance for the shaping of penal policy.

scholarly journals Fungsionalisasi Undang-Undang Darurat, Nomor 1 tahun 1951 sebagai Suplementasi dari Pasal 284 Kitab Undang-Undang Hukum Pidana Indonesia

2019 ◽  
Vol 3 (1) ◽  
pp. 78
Author(s):  
Henni Muchtar ◽  
Muhammad Prima Ersya
Keyword(s):  
Law Enforcement ◽  
Criminal Code ◽  
Penal Code ◽  
Way Of Life ◽  
Applicable Law ◽  
The People ◽  
The Law ◽  
Civil Courts ◽  
The Way

The Penal Code of Indonesia as the heritage of Colonial Regime, in some instances is not in line with the people of Indonesia. One of them is that the article 284 concerning the prohibition of adultery, that has difference in concept with the values owned by Indonesian people. Therefore, there should be a breakthrough that the article adopts contemporary condition and be in line with the way of life of the people of Indonesia, especially related the first pillar of Pancasila, that is believe in one God.   The purpose of this article is to discuss and convey the idea of the existence of Emergency Law No. 1 of 1951 concerning Temporary Measures in Organizing the Unity of the power and procedure of Civil Courts as supplementation of the article 284 of the Penal Code. This research applied normative juridical method and applicable law approach. The result of this study finds that Article 284 of the Penal Code could basically be accepted as one of the offense entities, but it is considered as lack Indonesia's spirit, even some consider that it not as a form of values in Indonesia people. The compliance between the law and the nation’s spirit is very important because the nation’s spirit is a source of material law that creates people’s legal awareness, as a guideline for law enforcement, as well as a source of the people’s law obidience. Considering the weaknesses and limitations of the article 284 of Penal Code in regulating adultery and the controversy of several articles in the draft Criminal Code which ended by the suspension of enactment and implementation, the Emergency Law No. 1 of 1951 can be enforced as supplementation of th article 284 of the Penal Code in order to maintain the balance and order in the society

Sign in / Sign up

Export Citation Format

Share Document