scholarly journals ANALYSIS OF CRIMINAL RESPONSIBILITY OF CRIMINAL ACTIVITIES OF THE EIGHTS AND EXTENSION OF CAR (Study of Decision Number 839/Pid.B/2018/PN.Tjk Year 2018)

2019 ◽  
Vol 1 (01) ◽  
pp. 59-67
Author(s):  
Alan Ridwan
Keyword(s):  
Criminal Responsibility ◽  
Criminal Liability ◽  
Public Prosecutor ◽  
Fast Time ◽  
Legal Norms ◽  
Legal Principles ◽  
The Public ◽  
Research Problems ◽  
Law And Justice ◽  
Case Number

One of the crimes concerning the misuse of car vehicles is the crime of embezzling cars as the crime is rampant in Indonesia, one of which is in case Number 839/Pid.B/2018/PN.Tjk in 2018. The problem in research is why the perpetrators commit criminal acts embezzlement and imposition of cars based on Decision Number 839/Pid.B/2018/PN.Tjk and how the criminal responsibility of the perpetrators of criminal acts of embezzlement and detention of cars is based on Decision Number 839/Pid.B/2018/PN.Tjk. The research method uses a normative and empirical juridical approach, the normative juridical approach is carried out by studying legal norms or rules, legal principles, while the empirical approach is carried out by direct interviews with informants who will relate to research problems, data analysis used is qualitative analysis. The results of the study indicate that the factors causing the perpetrators to commit criminal acts of embezzlement and car detention are based on Decision Number 839/Pid.B/2018/PN.Tjk opportunity factors and economic needs factors. This factor is due to the defendant's desperate need for a certain amount of money at a fast time so that the defendant made a shortcut by making embezzlement and overcoming the car. The criminal liability of the defendant who commits a crime of manipulating and imposing a car based on Case Number 839/Pid.B/2018/PN.Tjk Year 2018 is that the sentence of imprisonment for 8 (eight) months is reduced as long as the defendant is temporarily detained. detained. Suggestions, for the Judges in carrying out the consideration prioritize a sense of justice for victims, defendants and the public. In addition, judges should carefully pay attention to matters that can alleviate or incriminate defendants other than judges who have also been given the freedom to make decisions in order to enforce law and justice so that judges do not have to depend on public prosecutors' demands in determining crimes for defendants. To the Public Prosecutor in applying the criminal or in giving a claim to the defendant must be appropriate or in accordance with the actions of the defendant because this is the judge's reference in making his decision. In addition, the Public Prosecutor should also have material legal knowledge so that there are no more errors or nonconformities in applying the crime against the accused.

scholarly journals ANALYSIS OF THE ACCOUNTABILITY OF CRIMINAL ACTIVITIES IN THE EIGHT OF THE LUWAK POWDER COFFEE IN PD. SUMBER BUANA ABADI (Study of Decision Number 307 / Pid.B / 2018 / PN.Kla)

2019 ◽  
Vol 1 (01) ◽  
pp. 8-19
Author(s):  
Ari Pratama
Keyword(s):  
Criminal Liability ◽  
District Court ◽  
Dominant Factor ◽  
Public Prosecutor ◽  
Criminal Offense ◽  
Legal Norms ◽  
Legal Principles ◽  
The Public ◽  
Research Problems ◽  
Sense Of Justice

One form of embezzlement is in the Decision of the Kalianda District Court of South Lampung Number 307 / Pid.B / 2018 / PN.Kla which states that Defendant Selamet Riyadi Bin Tugino has been proven legally and convincingly guilty of committing a criminal offense " The problem in the research is why the perpetrators committed the crime of embezzling civet coffee in PD. Sumber Buana Abadi based on Decision Number 307 / Pid.B / 2018 / PN.Kla and how the responsibility of perpetrators of criminal acts of embezzlement of civet coffee in PD. Sumber Buana Abadi based on Decision Number 307 / Pid.B / 2018 / PN.Kla. The research method uses a normative and empirical juridical approach, where the normative juridical approach is carried out by studying legal norms or rules, legal principles, while the empirical approach is conducted by direct interviews with informants who will relate to research problems, data analysis used is qualitative juridical. The results of the study showed that the causes of the perpetrators committed the crime of embezzling civet coffee in PD. Sumber Buana Abadi, based on Decision Number 307 / Pid.B / 2018 / PN.Kla, is a mentality of workers, a fulfillment of life necessities, an intention and opportunity and a greedy attitude from humans. The most dominant factor is the urgent need for money from the perpetrators. Criminal liability perpetrators of criminal acts of embezzlement of civet coffee in PD. Sumber Buana Abadi based on Decision Number 307 / Pid.B / 2018 / PN.Kla is where the defendant Selamet Riyadi Bin Tugino has been proven legally and convincingly guilty of committing a criminal offense "Also Participating in Crime of Emblem". Sentenced to Defendant because of that with imprisonment for 10 (ten) months. Determine the period of arrest and detention that has been carried out by the Defendant to be deducted entirely from the sentence handed down. Determine the Defendant to remain detained. As well as imposing on the Defendant to pay court fees in the amount of Rp. 2,000 (two thousand rupiah). Saran, it is expected that the Judge in carrying out consideration prioritizes a sense of justice for victims, defendants and the public. It is expected that the Public Prosecutor in applying the criminal or in giving a claim to the defendant must be in accordance with the actions of the defendant because this is the judge's reference in making his decision.

scholarly journals Constraints by the Public Prosecutor in Proving Aspects of Criminal Liability for Narcotics Criminals with Undercover Buy Techniques

2021 ◽  
Vol 04 (12) ◽  
Author(s):  
Trynalia Slamet Tri Wahyudi ◽  
Keyword(s):  
Criminal Responsibility ◽  
Negative Impact ◽  
Criminal Liability ◽  
Law Enforcement Officers ◽  
External Factors ◽  
Advanced Technology ◽  
Public Prosecutor ◽  
Internal Factors ◽  
The Public ◽  
Internal And External Factors

Narcotics crime is one of the extraordinary crimes. In addition to the negative impact it causes, the disclosure of narcotics crimes is not easy because it is transnational in nature, is carried out in secret, organized, uses various modus operandi and uses advanced technology. Therefore, the Law on Narcotics regulates investigative techniques that can be used to uncover narcotics crimes, one of which is an undercover buy investigation technique. However, this technique sometimes also leaves its own problems in its implementation. The objective of this study is to identify and explain the various constraints faced by the Public Prosecutor in proving aspects of criminal responsibility for narcotics criminals, especially those carried out with the undercover buy technique. This paper using a normative research type through a statutory approach and a case approach. This study explains that the Public Prosecutor still has problems in proving aspects of criminal responsibility for narcotics criminals, both from internal and external factors. The constraints from internal factors was that the Public Prosecutor was not careful in checking the completeness of the formal. Meanwhile, external factors, namely investigators did not provide actual information regarding the completeness of the material submitted in the first stage of file submission. Therefore, it is necessary to improve the regulation and coordination between law enforcement officers in terms of proving the accountability aspects of narcotics criminals using undercover buy techniques.

COMPETITION OF CRIMINAL LAW PROVISIONS, WHICH FORESEE CERTAIN TYPES OF EXEMPTION FROM CRIMINAL RESPONSBILITY

2020 ◽  
Vol 10 (4) ◽  
pp. 73-79
Author(s):  
Vira Navrotska ◽  
Keyword(s):  
Criminal Law ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Code ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
Legal Norms ◽  
The Public ◽  
Legal Literature ◽  
Special Part

Proper delineation of different types of exemption from criminal liability, the solution of competition between the legal norms foreseen such exemption are important in practice. However, law enforcers, within closing criminal proceedings (termination of criminal prosecution) and releasing from criminal liability, do not even think about the existence of such competition and about the need to choose a legal norm that is more advantageous for the accused. Sometimes the competition of criminal law norms in legal literature is reduced only to the competition of these rules within the qualification of an act prohibited by the Criminal Code of Ukraine. This article is devoted to the analysis of credibility of this statement, possibility of competition within the procedure of releasing from criminal liability, as well as to the mode of action under such competition. The impossibility of competition between certain types of exemption from criminal responsibility has been criticized. It is noted that it�s impossible to give universal recommendations for determining the most �profitable� norm on the basis of which the exemption from criminal responsibility is permissible. However, the following conditions have to be taken into consideration: 1) whether the possibility of bringing a person to criminal responsibility in the future will remain; 2) whether it is obligatory for the court to make a decision on exemption from criminal responsibility; 3) which offences and persons who committed them the norm is settled for; 4) what (more or less strict) conditions for exemption from criminal responsibility are settled, when other conditions are equal. It is proved that the differentiation mechanism of types of exemption from criminal responsibility after effective repentance and after reconciliation with the victim should be as follows: if there is a victim (in the procedural sense) the proceedings should not be closed under Art. 45 of the Criminal Code of Ukraine. There is a special institution - the closure of criminal proceedings after reconciliation of the perpetrator with the victim (Article 46 of the Criminal Code of Ukraine) for exemption from criminal responsibility in such cases. The exemption from criminal responsibility after effective repentance is expedient to apply if the encroachment harms the public interest. It is substantiated that a special rule, regarding one fixed in Article 45 of the Criminal Code of Ukraine, is foreseen by Part 4 of Article 311 of this Code - because it foresees the conditions of exemption from criminal responsibility of a person who has committed a specific criminal offense. The unambiguity and categoricalness of the statement, under which in Article 45 of the Criminal Code of Ukraine is not foreseen a general type of exemption from criminal responsibility regarding the special ones foreseen by the Special Part, is criticized; it is proved that at least one such exception exists;

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 SOCIAL CAUSALITY, FOUNDATIONS AND PRINCIPLES OF CRIMINALIZATION OF THE CREATION OF A TERRORIST COMMUNITY AND PARTICIPATION IN IT

2021 ◽  
Vol 7 (73) (1) ◽  
pp. 342-348
Author(s):  
E.V. Gubanova
Keyword(s):  
Criminal Responsibility ◽  
Criminal Liability ◽  
Social Assessment ◽  
The Public ◽  
Theoretical Substantiation ◽  
The Social ◽  
The Creation ◽  
Community Creation ◽  
Social Causality

The article is devoted to the analysis, theoretical substantiation of the establishment of criminal responsibility for acts related to the creation and participation in a terrorist community, as well as an analysis of the social causality of the criminalization of a terrorist community creation and participation in it. The article reveals the purpose and grounds for the criminalization of this activity. The author has paid special attention to the principles of criminalization and their compliance with the decision of the legislator to establish criminal liability for the creation of a terrorist community and participation in it. Attention is paid to the public danger of creating a terrorist community and participation in it, on which the social assessment of criminal acts is based.

scholarly journals Criminal Liability for Knowingly Unlawful Sentence, Decision or Other Judicial Act

2020 ◽  
Vol 17 (3) ◽  
pp. 93-102
Author(s):  
Pavel Metelsky ◽  
Nadezhda Verchenko
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Prosecution ◽  
The Public ◽  
History Of ◽  
The Subject ◽  
The Russian Federation ◽  
Considerable Complexity

Introduction. The publication is devoted to the corpus delicti, provided for by Art. 305 of the Criminal Code of the Russian Federation, which, being, in fact, a special type of official abuse, stands out as the direct object of a criminal assault and a special subject, since it can be committed exclusively by professional judges. The main features of the objective and subjective parties, qualifying signs of the offense are revealed, some problems that arise when applying this criminal law are outlined. Purpose. The goal is to analyze the design features of the crime and issues that arise when applying this rule. Methodology. The method of a formal legal analysis of the norms of the criminal law and theoretical provisions on problems directly related to the application of this rule was used. Results. The public danger of a criminal act that undermines the very foundations of justice is obvious, in connection with which it stands out as an independent crime by all the Russian Criminal Codes, starting in 1922, the history of criminal responsibility for its commission can be traced in our country in general since the 16th century. The current criminal law prohibition is characterized by considerable complexity, due to both the blanket nature of the disposition of the norm itself and the presence of discrepancies in the understanding of the signs embodied in it. Conclusion. The implementation of criminal liability for this crime involves the establishment of not only circumstances directly related to the corpus delicti that lie in the criminal law field. The subject of an infringement, a judicial act, must be subjected to procedural review without fail, after which, subject to the consent of the Higher Qualification Collegium of Judges of the Russian Federation, in fact, and the mechanism of criminal prosecution is “launched”. That is, a truly “multi-way” combination of actions is necessary, carried out in several stages, and the problem itself to some extent becomes interdisciplinary, going beyond only criminal law.

scholarly journals Disparitas Penuntutan Pada Perkara Tindak Pidana Penganiayaan dalam Sistem Pemidanaan di Indonesia

2019 ◽  
Vol 1 (1) ◽  
pp. 66-78
Author(s):  
Benny Leonard Saragih ◽  
Ediwarman Ediwarman ◽  
Muaz Zul
Keyword(s):  
Supreme Court ◽  
Criminal Code ◽  
Public Prosecutor ◽  
Internal Factors ◽  
Legal Norms ◽  
The Public ◽  
Criminal Offenses ◽  
The Supreme Court ◽  
The Republic ◽  
Substantive Law

Difference in punishment or sentencing disparity is basically a natural thing because it can be said almost no case that is really the same. Disparity becomes a problem when the range of the sentence imposed differences between similar cases so large, giving rise to injustice and can give rise to suspicions in the community. Disparities in the Criminal (disparity of sentencing) is not the same as the application of criminal offenses against the same (same offense) or the criminal acts that are dangerous to be compared (offenses of comparable seriousness) without clear justification. Based on Law No. 16 of 2004 which replaced Law No. 5 of 1991 About the Prosecutor of the Republic of Indonesia is an institution in the field of prosecution of the main authority of the public prosecutor act prosecution about what is meant by the prosecution as well as the reference to the provisions of Article 1 point 7 and Article 137 Law No. 8 of 1981 on the Law of Criminal Procedure Code (Criminal Code). Research Methods in writing this thesis carried out by the method of normative law, namely analyzing and searching for answers to the problems raised by the substantive law / legal norms contained in the rules of law, the Supreme Court Regulation (PERMA), the Supreme Court Circular, and etc. Factors that cause the disparity criminal offense namely Legislation Provisions factors, internal factors and external factors.

scholarly journals Implementation of Extraordinary Review (Pk) For the Public Prosecutors after the Decision of the Constitutional Court Number 33/Puu-Xiv/2016

2021 ◽  
Vol 04 (06) ◽  
Author(s):  
Rahmadianto Andra ◽  
Keyword(s):  
Criminal Procedure ◽  
Court Decision ◽  
Public Prosecutor ◽  
Constitutional Court ◽  
Constitutional Rights ◽  
Legal Principles ◽  
The Public ◽  
Legal Remedies ◽  
Procedure Code ◽  
The Right

The background of this paper is inspired and triggered to observe and study the legal uncertainty between the public prosecutor and the convict/his heirs regarding the authority to submit a PK Application as regulated in Article 263 paragraph (1) of the Criminal Procedure Code. The article states "the right of the public prosecutor" to apply for a PK application. However, what is expected by the Petitioner's wife is that Article 263 paragraph (1) of the Criminal Procedure Code can be interpreted in this way, "PK applications can only be filed by the convicted person or their heirs". This condition was exacerbated by the issuance of the Constitutional Court decision Number 33/PUU-XIV/ 2016 regarding "the right of the public prosecutor to file a PK application in a criminal case". This study aims to determine the application of extraordinary legal remedies by the public prosecutor and the implications of implementing these extraordinary remedies. The research method used is normative legal research. The results showed the application of extraordinary PK legal remedies for the public prosecutor after the Constitutional Court decision Number 33/PUU-XIV/2016, had direct implications for the Petitioner and his family. This implication is detrimental to the Petitioners' constitutional rights based on Article 28G of the 1945 Constitution because the protection of personal, family, honor and dignity has clearly been lost. It is better if the Constitutional Court reaffirms the legal principles in the article through constitutional interpretation which is an integral part that is not separate from the article in question and is able to provide fair legal certainty.

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 PENERAPAN ASAS NEBIS IN IDEM DALAM PERKARA PERBUATAN MELAWAN HUKUM OLEH MAHKAMAH AGUNG ATAS UPAYA HUKUM LUAR BIASA “PENINJAUAN KEMBALI”

2020 ◽  
Vol 2 (1) ◽  
pp. 75-90
Author(s):  
Hariadi
Keyword(s):  
Supreme Court ◽  
Legal Norms ◽  
Legal Principles ◽  
The Supreme Court ◽  
Case Number

This study aims to find out how the Supreme Court decidescases of unlawful acts with the principle of nebis in idem andthe basis for consideration of the Supreme Court justicesexamining and deciding Case Number 405 PK / Pdt / 2017,related to the principle of nebis in idem. This research is a typeof normative law, with a normative juridical approach, namelydoctrinal law research which refers to legal norms. emphasizessecondary sources of material, both regulations and legaltheories, and examines legal principles that are scientifictheoretical in nature and can be used to analyze the problemsdiscussed. The method of analysis of normative legal researchis in the form of a prescriptive method, namely a method ofanalysis that provides an assessment (justification) of theobject under study whether it is true or false, or what shouldbe according to law.

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