scholarly journals STATUTORY OF LIMITATION FOR JUVENILE IMPRISONMENT

2021 ◽  
Vol 59 (2) ◽  
pp. 131-140
Author(s):  
Dragan Blagić ◽  

Statutory limitation is the base that leads to the expiration of a criminal sanction after a certain period of time. Since the statute of limitation is determined by the state through legal regulations, it means that in the end it represents a complete waiver of the state's right to punish due to the passage of time. Statute of limitation is given to a public, general social interest. When it comes to criminal sanctions against minors, then we say that educational measures do not become obsolete due to the expiration of a certain period of time from the finality of the decision on their imposition, which corresponds to the nature, character, content and purpose of this type of criminal sanctions. Then the following institutes are applied: a) suspension of execution and replacement of the imposed educational measure with another educational measure (Article 24 of the ZOMUKD) and b) re-decision on educational measures (Article 25 of the ZOMUKD). When it comes to an older juvenile who has been sentenced to juvenile imprisonment for a serious crime, the statute of limitation for the execution of that sentence is defined in the Article 33 of the ZOMUKD.

Author(s):  
Noercholis Rafid ◽  
Saidah Saidah

This paper aims to determine the criminal acts of children along with criminal sanctions given as preventive measures. By using qualitative data and through juridical and theological normative approaches it was found the conclusion is criminal acts of children are acts carried out contrary to the Law contained in the Criminal Code. The cause of child delinquency is caused by internal factors, namely family and external, namely environmental conditions. In jurisprudence jurisprudence there is no criminal sanction against the child for the crime he committed, because he is considered not yet competent legally, but a judge is allowed to sanction educational actions so that the child can be better. Criminal violations committed by a child who is faced with the law should be charged to his parents or handed over to the state to be sanctioned in the form of guidance. This is because minors have not yet been forgiven.


Author(s):  
Noercholis Rafid ◽  
Saidah Saidah

This paper aims to determine the criminal acts of children along with criminal sanctions given as preventive measures. By using qualitative data and through juridical and theological normative approaches it was found the conclusion is criminal acts of children are acts carried out contrary to the Law contained in the Criminal Code. The cause of child delinquency is caused by internal factors, namely family and external, namely environmental conditions. In jurisprudence jurisprudence there is no criminal sanction against the child for the crime he committed, because he is considered not yet competent legally, but a judge is allowed to sanction educational actions so that the child can be better. Criminal violations committed by a child who is faced with the law should be charged to his parents or handed over to the state to be sanctioned in the form of guidance. This is because minors have not yet been forgiven.


Jurnal Hukum ◽  
2016 ◽  
Vol 31 (1) ◽  
pp. 1592
Author(s):  
Hanafi Amrani

AbstrakArtikel ini membahas dua permasalahan pokok: pertama, kriteria yang digunakan oleh pembentuk undang-undang di bidang politik dalam menetapkan suatu perbuatan sebagai perbuatan pidana (kriminalisasi); dan kedua, fungsi sanksi pidana dalam undang-undang di bidang politik. Terkait dengan kriminalisasi, undang-undang di bidang politik yang termasuk ke dalam hukum administrasi, maka pertimbangan dari pembuat undang-undang tentu saja tidak sekedar kriminalisasi sebagaimana diatur dalam ketentuan hukum pidana dalam arti sebenarnya. Hal tersebut disebabkan adanya pertimbangan-pertimbangan tertentu. Pertama, perbuatan yang dilarang dalam hukum pidana administrasi lebih berorientasi pada perbuatan yang bersifat mala prohibita, sedangkan dalam ketentuan hukum pidana yang sesungguhnya berorientasi pada perbuatan yang bersifat mala in se. Kedua, sebagai konsekuensi dari adanya penggolongan dua kategori kejahatan tersebut, maka pertimbangan yang dijadikan acuan juga akan berbeda. Untuk yang pertama (mala prohibita), sanksi pidana itu dibutuhkan untuk menjamin ditegakkannya hukum administrasi tersebut. Dalam hal ini sanksi pidana berfungsi sebagai pengendali dan pengontrol tingkah laku individu untuk mencapai suatu keadaan yang diinginkan. Sedangkan untuk yang kedua (mala in se), fungsi hukum pidana dan sanksi pidana lebih berorientasi pada melindungi dan mempertahankan nilai-nilai moral yang tertanam di masyarakat tempat di mana hukum itu diberlakukan atau ditegakkan. Kata Kunci: Kebijakan, Kriminalisasi, Undang-Undang PolitikThis article discusses two main problems: firstly, the criteria used by the legislators in the field of politics in determining an act as a criminal act (criminalization); secondly, the function of criminal sanctions in legislation in the field of politics. Associated with criminalization, legislation in the field of politics that is included in administrative law, the consideration of the legislators of course not just criminalization as stipulated in the provisions of criminal law in the true sense. This is due to certain considerations. Firstly, the act which is forbidden in the administration of criminal law is more oriented to act is malum prohibitum offences, whereas in actual criminal law provisions in the act are mala in se offences. Secondly, as a consequence of the existence of two categories of classification of the crime, then consideration will also vary as a reference. For the first (mala prohibita), criminal sanctions are needed to ensure the enforcement of the administrative law. In this case the criminal sanction serves as controller and controlling the behavior of individuals to achieve a desired state. As for the second (mala in se), the function of criminal law and criminal sanctions is more oriented to protect and maintain the moral values that are embedded in a society where the law was enacted or enforced.


2021 ◽  
Vol 30 (1) ◽  
pp. 59-83
Author(s):  
Andrey Fursov

Currently, public hearings are one of the most widespread forms of deliberative municipal democracy in Russia. This high level of demand, combined with critique of legal regulations and the practices for bringing this system to reality – justified, in the meantime, by its development (for example, by the Agency for Strategic Initiatives and the Public Chambers of the Russian Federation) of proposals for the correction of corresponding elements of the legal code – make both the study of Russian experiences in this sphere and comparative studies of legal regulations and practical usage of public hearings in Russia and abroad extremely relevant. This article is an attempt to make a contribution to this field of scientific study. If the appearance of public hearings in Russia as an institution of Russian municipal law is connected with the passing of the Federal Law of 6 October 2003 No.131-FZ, “On the general organisational principles of local government in the Russian Federation,” then in the United States, this institution has existed since the beginning of the 20th century, with mass adoption beginning in the 1960s. In this time, the United States has accumulated significant practical experience in the use of public hearings and their legal formulation. Both countries are large federal states, with their own regional specifics and diversity, the presence of three levels of public authority and different principles of federalism, which cause differences in the legal regulation of municipal public hearings. For this reason, this article undertakes a comparative legal analysis of Russian and American experiences of legal regulation and practical use of public hearings, on the example of several major municipalities – the cities of Novosibirsk, Nizhny Novgorod, Voronezh and New York, Los Angeles, and Chicago. A comparison of laws influencing the public hearing processes in these cities is advisable, given the colossal growth in the role of city centers in the industrial and post-industrial eras. Cities in particular are the primary centers for economic growth, the spread of innovations, progressive public policy and the living environment for the majority of both Russian and American citizens. The cities under research are one of the largest municipalities in the two countries by population, and on such a scale, the problem of involving residents in solving local issues is especially acute. In this context, improving traditional institutions of public participation is a timely challenge for the legislator, and the experiences of these cities are worth describing. The unique Russian context for legal regulations of public hearings involves the combination of overarching federal law and specific municipal decrees that regulate the hearing process. There are usually two municipal acts regulating public hearings on general issues of the city district (charter, budget, etc.) and separately on urban planning. In the United States, the primary regulation of public hearings is assigned to the state and municipality level, with a whole series of corresponding laws and statutes; meanwhile, methodological recommendations play a specific role in the organisation of hearings, which are issued by the state department of a given state. It is proposed that regulating the corresponding relationships at the federal subject level will permit a combination of the best practices of legal administration with local nuances, thereby reinforcing the guarantee of the realization of civil rights to self-government. There are other features in the process of organizing and conducting public hearings in the United States, which, as shown in the article, can be perceived by Russian lawmakers as well in order to create an updated construct of public discussions at the local level.


Yuridika ◽  
2020 ◽  
Vol 35 (3) ◽  
pp. 533
Author(s):  
I Made Suarnawan

The legal vacuum associated with in absentia examinations can benefit corruptors. Unprofessional law enforcement officers can help the suspect by providing opportunities or facilities for the suspect to escape in order to suspend the investigation. In the event where the investigation is suspended for this reason, then there would be no legal certainty and fairness in the effort to recover the financial loss of the State. Article 38 of the PTPK Law only applies in the examination of cases without the presence of the defendant in the trial. In Absentia is a suspect or defendant whose whereabouts is not known, does not present for the examination of the case or whom cannot be forced to be present in the trial. The general philosophy of in absentia examination in corruption cases is that criminal acts of corruption are not justified, as they result in detrimental loss of the country's finances or economy. In the essence, in absentia examination is an effort to eradicate corruption in a serious or extraordinary manner because corruption is a serious crime and as an effort to recover the country's financial and economy loss.


2020 ◽  
Vol 29 (1) ◽  
pp. 229
Author(s):  
Marian Zdyb

<p>In view of growing threats in this respect, the protection of natural resources is undoubtedly becoming a serious challenge, both for the state and for each citizen. Therefore, this article is supposed to draw attention to the problem of searching for optimal instruments for the protection of these resources. This is about creating and developing appropriate standards in legal regulations regarding environmental protection, protection of nature, water, air, national and landscape parks, nature monuments, etc. as well as protection of natural resources in cities and human settlements. Undoubtedly, spatial planning is of paramount significance in this matter, in particular local spatial development plans and the appropriate instruments of action resulting from them. Their significance should be considered particularly important because they are generally applicable law as acts of local law.</p>


2017 ◽  
Vol 27 (2) ◽  
Author(s):  
Hasti Irani

I come from Iran, an immense country of more than 77 million inhabitants, the cradle of Persian civilization, and one of the richest and most ancient cultural traditions of humankind, with deep values of respect and tolerance. 38 years ago there was an Islamic revolution that turned Iran into a country that has Islam as an official religion and in which laws must conform to Sharia or Islamic law. I belong to the Christian minority, officially recognised in the Iranian constitution, but only for those born in an ethnically Christian family. People who, like me, were born into an Islamic family and converted to Christianity, are considered apostates and guilty of a serious crime under Sharia. In the last year alone about 200 people who have been accused of apostasy have been imprisoned and many have been tortured. That was the reason I was detained. We Christians are no threat to the national security of Iran. We are not going against the State. But we are treated as such. We, although citizens of Iran, are under Criminal Law, the Enemy.


2021 ◽  
Vol 2 (3) ◽  
pp. 537-541
Author(s):  
Ni Made Yeni Sukmawati ◽  
Anak Agung Sagung Laksmi Dewi ◽  
Ni Made Sukaryati Karma

Body Shaming is a term that is currently trending, where criticizing or commenting on someone's physical in a negative way or with speech that intends to mock or insult someone's physical or appearance falls into this category. Legal protection for victims of body shaming needs to get very serious attention in order to deal with the phenomena that are currently happening on social media in particular. This study examines the regulation of the criminal act of insulting body image (body shaming) in terms of positive law and explains the legal protection provided to victims in the crime of insulting body image (body shaming). This study uses a normative research method by applying the legislation approach which refers to primary legal materials and secondary legal materials. The regulation of criminal acts of insulting body image (body shaming) in terms of positive law in general can be seen from the element of humiliation which is regulated in Chapter XVI of the Criminal Code and is grouped into 6 parts, namely from article 310 to article 318 and besides that, there are also other legal rules that regulate it implicitly in Article 27 paragraph (3). Article 45 paragraph (3) of the ITE Law. With sanctions in the form of criminal sanctions. The form of legal protection given to victims in the crime of body shaming is the making of policies by the State regarding prohibitions and strict sanctions for violators such as criminal sanctions and fines, through the established witness and victim protection institution


2000 ◽  
Vol 72 (8-9) ◽  
pp. 47-51
Author(s):  
Slobodan Beljanski

The author examines the role of courts and the organization of administrative institutions in the execution of criminal sanctions, under the new 1997 Act on execution of criminal sanction of Republic of Serbia. He also compares the Minimum of rules on treatment of prisoners with this Act. He finds that to confide the supervisory control over the incarceration to the executive branch renders the judicial function illegitimate. The authority which brings decisions on sanctions has to bear the adequate responsibility in the control over lawfulne.ss of the sanctions' execution.


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