scholarly journals Judicial Review By Public Prosecutors In Criminal Cases

2021 ◽  
Vol 04 (12) ◽  
Author(s):  
Brahmantio Dwiputra ◽  
Keyword(s):  
Judicial Review ◽  
Criminal Procedure ◽  
Legal Certainty ◽  
Criminal Cases ◽  
Judicial Process ◽  
Legal Reforms ◽  
Legal Provisions ◽  
Procedure Code ◽  
Justice Process ◽  
The Law

Law enforcement efforts should begin to consider and make victims as parties who have an interest in the judicial process. Victims of criminal acts so far have not received enough attention in an effort to fight for justice. The things that are considered and considered include legal certainty, expediency and justice. Legal certainty is closely related to the guarantee of protection to the community against arbitrary actions aimed at public order, while expediency is to create the greatest benefit or happiness to the community, while justice is truth, impartiality, can be accounted for and treats every human being at the same time. equal position before the law (equality before the law). Likewise, the judicial review institution as part of an extraordinary effort in enforcing the law should also be based on these three objectives. On the other hand, the unaccommodated or unaccommodated interests of the victims in the legal provisions encourage interpretations that lead to the defence of interests and justice for the victims, even though in the end it is considered contrary to the law. On this basis, reforms or formal legal reforms summarized in the Criminal Procedure Code, especially in the discussion on review, should be carried out immediately. Of course, these reforms must make the Criminal Procedure Code better and able to accommodate various problems that have not been accommodated so far. This new formal legal provision can later annul conflicting legal provisions between PERMA, the Constitutional Court's Decision and so on. In addition, it is hoped that the new KUHAP will also be able to end the pros and cons and confusion regarding the submission of a judicial review that has so far occurred in a criminal justice process.

scholarly journals Penal Mediation as the Concept of Restorative Justice in the Draft Criminal Procedure Code

2021 ◽  
Vol 5 (1) ◽  
Author(s):  
Emmanuel Ariananto Waluyo Adi
Keyword(s):  
Law Enforcement ◽  
Restorative Justice ◽  
Criminal Procedure ◽  
Criminal Cases ◽  
Law Enforcement Agencies ◽  
The Public ◽  
Procedural Law ◽  
Private Realm ◽  
Procedure Code ◽  
The Law

The law recognizes both litigation and non-litigation settlement mechanisms, but it is almost not explicitly regulated for non-litigation settlement in criminal cases. Non-litigation in criminal recognizes the concept of restorative justice for the public interest, which is different from the private realm in civil. The concept of restorative justice exists to rehabilitate the state of criminals so that they are accepted back into the community. The concept of restorative justice is manifested in the mediation mechanism in criminal law in the form of penal mediation, but penal mediation does not yet have a legal umbrella. The non-progressive normative application of the law results in the overcapacity of prisons/remand centres. Currently, the Draft Criminal Procedure Code (hereinafter as RKUHAP) is being drafted, which does not yet regulate the application of non-litigation solutions. Later, it can be applied by law enforcement agencies so that problems such as overcapacity prisons are resolved and the creation of peaceful order in the community. This study aims to provide a view of the concept of penal mediation in criminal procedural law to serve as an aspiration for the consideration of the parties involved in the preparation of the substance of the RKUHAP. This paper uses a normative approach with technical analysis using hermeneutic analysis and interpretation methods.

scholarly journals Pre-Trial in the Criminal Justice System in Military Criminal Judges in Indonesia

2021 ◽  
pp. 1-9
Author(s):  
Sugeng Sutrisno
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Justice System ◽  
Legal Protection ◽  
Criminal Procedure ◽  
Court System ◽  
Criminal Cases ◽  
Procedure Code ◽  
The Law ◽  
The Military

Law enforcement in the Military Court System in the settlement of criminal cases committed by TNI soldiers is seen as not yet fully guaranteeing legal protection for the rights of suspects, this is due to the absence of a control agency that oversees the actions of law enforcement officers in carrying out their duties and authorities as is the case in the system. General Court. This condition should not drag on indefinitely, because it will affect the law enforcement process and harm the suspect to fight for his rights to obtain justice which results in human rights violations (TNI soldiers). The purpose of the establishment of the Pretrial Institution is as stated in the Elucidation of Article 80 of the Criminal Procedure Code which states that this article intends to uphold law, justice, and truth through horizontal supervision. Settlement of criminal cases in Indonesia in addition to the Code of Criminal Procedure Code (KUHAP) which applies to civil society, we also recognize the existence of the Military Criminal Procedure Code which is regulated in Law Number 31 of 1997 concerning Military Courts, namely the law that regulates the procedure for resolving criminal cases. a criminal case committed by a TNI soldier. The Law on Military Courts includes the provisions of the litigation process (Military Criminal Procedure Law) starting from the investigation stage, submission of cases, the examination process at trial to the implementation of decisions. 31 of 1997 does not regulate pretrial. In several cases in the Military Court where a suspect was detained without a warrant for detention or was late in obtaining a warrant for detention, therefore such actions may conflict with the principles applicable in the provisions of criminal law so that they do not respect the position of the suspect as a creature created by God, even the act can lead to human rights violators. Therefore, in the military justice system in Indonesia, pretrial institutions are needed as a form of horizontal external supervision.

KEPASTIAN HUKUM TERHADAP PERAMPASAN ASET YANG BUKAN MILIK NEGARA

2019 ◽  
Vol 2 (2) ◽  
pp. 414
Author(s):  
Jhon Pridol ◽  
Firman Wijaya
Keyword(s):  
Criminal Procedure ◽  
The State ◽  
Court Decision ◽  
Legal Certainty ◽  
Travel Agent ◽  
Procedure Code ◽  
The Law ◽  
Court Proceedings ◽  
The Ideal

Legal certainty is one of the "three basic values of the law" which means it can be equated with the principle of law. A verdict or court decision must be in accordance with the law because the judge must judge based on the law. Decisions must also be fair, objective and impartial. Therefore the ideal decision is a decision that contains justice, usefulness and legal certainty proportionally. Seeing from the application of the Criminal Procedure Code, the main purpose of tracking assets resulting from criminal acts to be confiscated in court proceedings and ultimately resulting in a court decision is to be returned to the rightful party. In practice, there is a conflict between the victim and the judge's decision regarding the confiscation of evidence by the State that was confiscated from a First Travel travel agent, because the evidence seized from First Travel is the result of fraud from a prospective Umrah pilgrimage that should be returned to the victim as compensation.

scholarly journals Keabsahan Putusan Pengadilan yang Belum Inkracht sebagai Novum dalam Pengajuan Peninjauan Kembali

2019 ◽  
Vol 6 (2) ◽  
pp. 138
Author(s):  
Hardy Salim ◽  
Yoefanca Halim ◽  
Adriel Michael Tirayo
Keyword(s):  
Judicial Review ◽  
Research Method ◽  
Criminal Procedure ◽  
Court Decisions ◽  
Legal Certainty ◽  
Procedure Code ◽  
Legal Force

<p>A judicial institution has criteria that must be met, namely principles that are open, corrective, and recordive. The broadest opportunity to submit corrections and recordings of decisions that have permanent legal force (inkracht) deemed unfair by justice seekers can be done through a Judicial Review. However, the Judicial Review is very limitative, one of them with the requirement for novum. But the regulation of conditions can be said to be a condition as a novum not strictly regulated. By looking at this matter, the research is carried out with the aim of finding out the validity of court decisions which have not been inkracht as novum in the submission for reconsideration. This study is using a normative research method. In conclusion, court decisions that have not been inkracht as novum in submitting judicial review are valid because they need to prioritize the value of justice and truth before legal certainty. As long as the prerequisites in Article 263 paragraph (1) of the Criminal Procedure Code have been fulfilled, and one of the requirements in paragraph (2) has been fulfilled.</p>

KAJIAN HUKUM TERHADAP PERAN PEMERINTAH KOTA SAMARINDA DALAM PEMBERIAN BANTUAN HUKUM

2017 ◽  
Vol 9 (1) ◽  
pp. 14
Author(s):  
Abdul Mukmin Rehas
Keyword(s):  
Criminal Procedure ◽  
Criminal Code ◽  
Equal Treatment ◽  
Legal Assistance ◽  
Legal Certainty ◽  
Legal Aid ◽  
The Public ◽  
Procedure Code ◽  
The Law ◽  
The Republic

Constitution of the Republic of Indonesia Year 1945 which is the country's constitution has given recognition, guarantees, protection and legal certainty as well as equal treatment of all citizens before the law (equality before the law). In fact, the application of the principle of Equality Before The Law in Indonesia is still lacking. In the Code of Criminal Procedure (Criminal Procedure Code) only for the granting of legal aid free of charge only if the crime committed is punishable by imprisonment of 5 years or more, while if it is less than 5 years, while if the penalties are less than 5 years then the public will not get legal aid free of charge. The enactment of Law No. 16 of 2011 on the Legal Aid eliminating restrictions as stipulated in the Criminal Code, so that people can obtain legal assistance free of charge to the entire process of both the Criminal and Civil law for the sake of the implementation of the principle of Equality Before The Law.

scholarly journals Relevant Issues of the Improvement of Judicial Consideration of Cases Involving Minors as a Guarantee of Further Just and Humane Support of the Protection of Human and Civil Rights and Freedoms

Russian judge ◽  
2020 ◽  
Vol 10 ◽  
pp. 17-20
Author(s):  
Rashit S. Khismatullin ◽  
Keyword(s):  
Civil Rights ◽  
Russian Federation ◽  
Judicial Review ◽  
Criminal Procedure ◽  
The State ◽  
Family Education ◽  
Criminal Cases ◽  
Research Article ◽  
Procedure Code ◽  
The Russian Federation

In a research article, the author examines topical problems of improving the judicial review of cases against minors as a guarantee of further fair and humane protection of human and civil rights and freedoms. As you know, in accordance with the Constitution of the Russian Federation ‘Man, his rights and freedoms are the highest value. Recognition, observance and protection of human and civil rights and freedoms is the duty of the state’. The Constitution of the Russian Federation established, proclaimed and emphasized — ‘Children are the most important priority of the state policy of Russia. The state creates conditions conducive to the all-round spiritual, moral, intellectual and physical development of children, fostering patriotism, citizenship and respect for elders in them. The state ensures the priority of family education’. Clear, full and unswerving observance by the court of the provisions of the Constitution of the Russian Federation, as well as the implementation by the court of the norms of the Criminal Procedure Code of Russia, which regulate the trial in criminal cases on charges of committing crimes by minors, determine the further fair and humane provision of the protection of human and civil rights and freedoms, especially — minors, legal, reasonable, fair and moral judicial consideration of criminal cases against minors. Proposals are being made on amendments and additions to the Criminal Procedure Code of the Russian Federation to modernize the judicial review of criminal cases against minors.

Maximum Duration of the Measures of Remand Detention in Custody and House Arrest in Criminal Cases

De Jure ◽  
2019 ◽  
Vol 10 (2) ◽  
Author(s):  
Ekaterina Salkova ◽  
◽  
Yanko Roychev ◽  
Keyword(s):  
Criminal Procedure ◽  
Criminal Cases ◽  
House Arrest ◽  
Maximum Duration ◽  
Procedure Code ◽  
Maximum Period

The maximum duration of the detention in custody and house arrest measures in criminal cases is researched. A number of issues have been considered regarding the calculation of the term and its initial and final moments, including the hypotheses related to the returning of the case to the prosecutor by the court, the taking of the measures against an accused party detained on different grounds, as well as in view of a modification of the legal qualification of the indictment, establishing a different maximum duration under Art. 63, para. 4 of the Criminal Procedure Code. An emphasis has been placed on the disputable aspect of the duration of the period in regard to underage accused parties. A necessity to introduce a maximum period of detention in custody and house arrest,including also the court phase of the trial, has been acknowledged.

USING RESULTS OF STING OPERATION IN CRIMINAL CASES PROVING

2021 ◽  
pp. 132-136
Author(s):  
Кирилл Иванович ЛАРИН
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
Criminal Cases ◽  
Procedure Code ◽  
The Russian Federation ◽  
Sting Operation

В статье рассматриваются проблемные вопросы, связанные с использованием в качестве доказательств результатов оперативного эксперимента. Предлагается отказаться от проведения оперативного эксперимента по инициативе оперативных подразделений и допустить его проведение исключительно в рамках рассмотрения сообщения о преступлении, на основании поручения следователя Следственного комитета в порядке статьи 144 УПК РФ. The article deals with problematic issues associated with the use of the results of an operational experiment as evidence. It is proposed to refuse to conduct an operational experiment on the initiative of operational units and allow it to be conducted exclusively within the framework of considering a report on a crime, on the basis of an order from an investigator of the Investigative Committee in accordance with Article 144 of the Criminal Procedure Code of the Russian Federation.

scholarly journals USE OF SPECIAL KNOWLEDGE DURING THE EXAMINATION OF THE SCENE OF A CRIME IN THE ORDER OF PART 3 ART. 214 OF THE CRIMINAL PROCEDURE CODE OF UKRAINE

2021 ◽  
Vol 74 (1) ◽  
pp. 153-160
Author(s):  
Andrіy Shulha ◽  
◽  
Tetyana Khailova ◽  
Keyword(s):  
Legal Status ◽  
Criminal Liability ◽  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Knowledge And Skills ◽  
Procedural Law ◽  
Procedure Code ◽  
Criminal Procedure Law ◽  
Special Knowledge ◽  
The Law

The article deals with the problem of specialist’s participation in the scene examination, which is carried out before entering information into the Unified Register of the pre-trial investigations. The essence of the problem is that the current criminal procedural law of Ukraine recognizes the specialist’s participation only in the pre-trial investigation, the litigation and the proceedings in the case of the commission of an unlawful act under the law of Ukraine on criminal liability. Part 1 of Article 71 of the Criminal Procedure Code of Ukraine states that a specialist in criminal proceedings is a person who has special knowledge and skills and can provide advice and conclusions during the pre-trial investigation and trial on issues that require appropriate special knowledge and skills. In other cases, the specialist has no procedural status. In addition, Part 1 of Article 237 of the CPC of Ukraine «Examination» states that the examination is conducted to identify and record information on the circumstances of the offense commitment. It is an act provided by the law of Ukraine on criminal liability. However, there are the cases in the investigation, when a report is received, for example, about a person's death, other events with formal signs of the offense, which must first be checked for signs of a crime, and only then the act can be considered as offense. In this case, a specialist takes part in the scene examination. However, the current criminal procedure law in accordance with Part 1, Article 71 of the Criminal Procedure Code of Ukraine determines the legal status of a specialist only as the participant in criminal proceedings. The paragraph 10, part 1 of Article 3 of the Criminal Procedure Code of Ukraine defines the criminal proceedings as pre-trial investigation and court proceedings or procedural actions in the case of the commission of an unlawful act. Therefore, when the inspection of the scene is based on the uncertain status of the event (there is no clear information that the event contains signs of an offense), the specialist’s participation is not regulated by law. The authors propose to consider the specialists as «experienced persons» in cases mentioned above and to include their advices to the protocol of the scene examination, as the advices of other scene examination participants.

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