scholarly journals Extradition In Criminal Justice System Related To Foreign Jurisdiction

2017 ◽  
Vol 1 (2) ◽  
pp. 79
Author(s):  
Jan Samuel Maringka
Keyword(s):  
Law Enforcement ◽  
Justice System ◽  
Due Process ◽  
Criminal Procedure ◽  
Political Rights ◽  
Criminal Proceedings ◽  
International Convention ◽  
Legal Provisions ◽  
Criminal Procedure Law ◽  
Examination Process

On extradition law in Indonesia is based from the fact that since the adoption of the Act in 1979, there have been fundamental changes in the criminal procedure ode in Indonesia, namely the enactment of Law No. 8 of 1981 on Criminal Proceedings and has the ratification of the International Covenant on Civil and Politics Rights (International Convention on Civil and political Rights, abbreviated as ICCPR) under Law No. 12 of 2005 which requires Indonesia to immediately adjust its positive legal provisions in accordance with the principles set out in the ICCPR. Considering the purpose of extradition implementation as an effort to support law enforcement process and related to examination process in extradition case which is not different from the stages of case handling process as regulated in criminal procedure law, it is necessary to affirm the concept of extradition as an integral part of the enforcement process law so that the principle of due process can be implemented consequently in the process of extradition implementation.

scholarly journals Extradition In Criminal Justice System Related To Foreign Jurisdiction

2017 ◽  
Vol 1 (2) ◽  
pp. 79
Author(s):  
Jan Samuel Maringka
Keyword(s):  
Law Enforcement ◽  
Justice System ◽  
Due Process ◽  
Criminal Procedure ◽  
Political Rights ◽  
Criminal Proceedings ◽  
International Convention ◽  
Legal Provisions ◽  
Criminal Procedure Law ◽  
Examination Process

On extradition law in Indonesia is based from the fact that since the adoption of the Act in 1979, there have been fundamental changes in the criminal procedure ode in Indonesia, namely the enactment of Law No. 8 of 1981 on Criminal Proceedings and has the ratification of the International Covenant on Civil and Politics Rights (International Convention on Civil and political Rights, abbreviated as ICCPR) under Law No. 12 of 2005 which requires Indonesia to immediately adjust its positive legal provisions in accordance with the principles set out in the ICCPR. Considering the purpose of extradition implementation as an effort to support law enforcement process and related to examination process in extradition case which is not different from the stages of case handling process as regulated in criminal procedure law, it is necessary to affirm the concept of extradition as an integral part of the enforcement process law so that the principle of due process can be implemented consequently in the process of extradition implementation.

scholarly journals PERANAN ALAT BUKTI DALAM PERKARA PIDANA DALAM PUTUSAN HAKIM MENURUT KUHAP

Yuridika ◽  
2017 ◽  
Vol 32 (1) ◽  
pp. 17
Author(s):  
Bastianto Nugroho
Keyword(s):  
Law Enforcement ◽  
Criminal Procedure ◽  
Law Enforcement Officers ◽  
The State ◽  
Criminal Case ◽  
Criminal Proceedings ◽  
Criminal Offense ◽  
Criminal Procedure Law ◽  
The Law ◽  
Examination Process

The trial of a criminal case is to find out whether a criminal offense has occurred in an event, therefore in the most important criminal proceedings the proceedings are proved. Evidence is a problem that plays a role in the examination process in court because with this proof is determined the fate of a defendant. The legal function in the State of Indonesia is to regulate the order of society in the life of the nation and the state, whereas the violation of the law itself is an event that must exist in every society and is impossible to be eliminated absolutely, because violation of law is an integral part of development More complex. One of the provisions governing how the law enforcement officers carry out the task in the field of repressive is the criminal procedure law which has the purpose of searching and approaching material truth, the complete truth of a criminal case by applying the provisions of criminal procedure law honestly darn precisely with The purpose of finding out who the perpetrator can be charged with is a violation of the law. 

scholarly journals Topical Issues of Interpretation of the Criminal Procedure Norms on the Basis of Judicial Practice Taking into Account the International and Russian Components

2020 ◽  
Vol 9 (3) ◽  
pp. 46
Author(s):  
Tatyana Gennad’evna Borodinova ◽  
Anna Alexandrovna Petrikina ◽  
Vladimir Vladimirovich Borodinov ◽  
Irina Vladimirovna Gubko
Keyword(s):  
Law Enforcement ◽  
Practical Importance ◽  
Criminal Procedure ◽  
Information Support ◽  
Digital Information ◽  
Criminal Proceedings ◽  
Systematic Analysis ◽  
Judicial Practice ◽  
Criminal Procedure Law ◽  
First Time

The research reveals the peculiarities of interpretation of the criminal procedure norms emphasizing the practical importance. Its purpose is to identify and solve problems of law enforcement in criminal proceedings. The nature and types of interpretation of the criminal procedure norms were subjected to a detailed analysis based on the judicial and investigative practice. Difficulties with interpretation of the criminal procedure norms in connection with the legislative gaps, difficulties in the process of interpreting the cross-industry terms lack of digital information support of the newly published acts interpreting the norms of law and establishment of specific terms for its implementation, were singled out as separate problems. The use of a set of methods of scientific cognition was promotive of the achievement of the result. The conclusions show that the competent interpretation and application of the criminal procedure law by the courts, taking into account the specifics of this branch of law, can increase the efficiency of justice. The scientific novelty of this research is that for the first time, in an integrated manner and on the basis of a systematic analysis of the practice of interpretation and application of the norms of criminal law. It is planned to formulate proposals and recommendations to improve the work of the courts, law enforcement bodies and the advocacy suggesting specific measures to optimize the said direction.

scholarly journals Forms of Interaction between an Investigator and Bodies of Inquiry at the Initial Stage of Pre-Trial Proceedings

Lex Russica ◽  
2020 ◽  
Vol 73 (3) ◽  
pp. 70-79
Author(s):  
Yu. G. Torbin ◽  
A. A. Usachev ◽  
L. P. Plesneva
Keyword(s):  
Law Enforcement ◽  
Task Force ◽  
Criminal Procedure ◽  
Point Of View ◽  
Criminal Proceedings ◽  
Initial Stage ◽  
Criminal Procedure Law ◽  
The Russian Federation ◽  
The Right ◽  
To Receive

Despite the prolonged use of certain forms of interaction between the investigator and investigative agencies at the initial stage of pre-trial proceedings, the criminal procedure legislation still lacks some aspects of their implementation. This makes it necessary to study the current situation and substantiate the theoretical and practical provisions concerning interaction between an investigator and investigative agencies in the context of verification of the report of the crime in the light of the planned digitalization of domestic criminal proceedings. The author suggests that the forms of interaction, the application of which is expedient at the initial stage of pre-trial proceedings, include two procedural forms (giving written instructions to an investigative agency about carrying out operational search activities, obtaining explanations, obtaining assistance in carrying out investigative and other procedural actions) and two organizational forms (joint planning and formation of an investigative and task force). In order to increase the efficiency of criminal procedure at the initial stage of pre-trial proceedings, to ensure clarity of the language of criminal procedure law and its compliance with law enforcement, the auther proposes to amend Part 1 of Article 144 of the Code of Criminal Procedure by supplementing it with the right of authorized officials and bodies to give to investigative agencies mandatory written instructions for obtaining explanations, and to receive assistance from the investigative agency in carrying out verification actions. At the same time, the paper demonstrates the author’s approch to excluding obtaining explanations from the general list of procedural actions specified in Part 1 of Article 144 of the Code of Criminal Procedure of the Russian Federation and conducted by authorized subjects of verification of the report of the crime. Also, the paper analyzes the importance of introduction of electronic document circulation into criminal proceedings from the point of view of efficiency of interaction between the investigator and investigative authorities at the initial stage of pre-trial investigation.

scholarly journals CERTAIN PROCEDURAL ASPECTS OF THE BEGINNING OF CRIMINAL INVESTIGATION

2021 ◽  
Vol 1 (1) ◽  
pp. 52-60
Author(s):  
Dmуtrо Pylypenko ◽  
Keyword(s):  
Law Enforcement ◽  
Criminal Procedure ◽  
Point Of View ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Criminal Justice Reform ◽  
Time Limits ◽  
Procedural Law ◽  
Criminal Procedure Law ◽  
Legal Fact

The article analyzes the features of the beginning of criminal proceedings defined by the current criminal procedure law of Ukraine. The criminal procedural norms which define an initial stage in criminal proceedings are investigated. The provisions of the norms of the legislation which determine the legal fact of the beginning of proceedings in the case are analyzed. The positions of scientists in this regard are considered. In particular, the scientific concepts concerning the implementation in the norms of the current law of the provision that existed in the content of the Criminal Procedure Code of 1960, namely the decision to initiate a criminal case. The analysis of the practice of application of the current norms of the criminal procedural law in this regard for the author's point of view on the expediency of such a step is analyzed. The author's position on the preservation of the existing law within the existing provisions, on the commencement of criminal proceedings from the moment of entering information into the unified register of pre-trial investigations. This position is fully correlated with the provisions of the concept of criminal justice reform. There are also examples from the practical activities of law enforcement agencies, which were the basis for this conclusion. The article also examines the issue of determining the time limits for the start of pre-trial investigation in criminal proceedings and entering information into a single register of pre-trial investigations. The positions of scientists on this issue, which are quite different and sometimes polar, are analyzed. The author's attention is focused on certain difficulties that arise in law enforcement agencies during the proper initiation of criminal proceedings. It is emphasized that the term available in the current law for twenty-four hours is extremely insignificant for the correct determination of the qualification of the offense and its composition. It is proposed to increase the period to three days during which the investigator must enter information into the unified register of pre-trial investigations and initiate criminal proceedings. It is these time limits that must be sufficient for the investigator or prosecutor to properly comply with the requirements of the applicable criminal procedure law.

scholarly journals The system of pre-trial proceedings in the criminal proceedings of the Russian Federation: Factors of formation

2021 ◽  
Vol 12 (3) ◽  
pp. 621-642
Author(s):  
Sergey B. Rossinskiy ◽  
Keyword(s):  
Law Enforcement ◽  
Negative Impact ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Direct Result ◽  
Chaotic Mixing ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Criminal Procedure Law ◽  
Problems Of Practice

The article is devoted to the analysis of historical prerequisites that predetermined the distinctive nature of the national system of Russian pre-trial proceedings as the initial stage of criminal procedure. By analyzing the peculiarities of domestic criminal procedure legislation, and the development of judicial and law enforcement agencies, in addition to drawing comparative parallels with foreign mechanisms for solving and investigating crimes, the author assumes that the gradual autonomy of the Soviet and then Russian system of pre-trial proceedings was a direct result of the well-known historical cataclysms associated with the Soviet power establishment in 1917 and its fall in 1991. It is noted that a rather unique model, based on the chaotic mixing and interweaving of various, including poorly compatible, elements inherent in various models of criminal procedure (French, German, Anglo-Saxon) of pre-trial proceedings has been formed in Russia at present. These elements are linked by means of specific domestic criminal procedure doctrine’s “inventions”, which are reflected in the relevant provisions of criminal procedure law and practical recommendations for law enforcement practice. The modern Russian model of pre-trial proceedings is expressed in the integration of the functions of the “police” and “justice”, in providing law enforcement agencies criminal procedural powers of a forensic nature to collect full-fledged evidence for the upcoming court hearing. According to the author, this explains many doctrinal and legislative problems of Russian pre-trial proceedings, which for many years have had a negative impact on judicial and investigative practice (problems related to the initiation of criminal proceedings; problems of practice in proving the results of operational-search activities; problems related to the legal regulation of the detention of a suspect, etc.). The research concludes that the legislator should stop the law-creating “throwing”, the policy of a chaotic mixing of various elements inherent in different types of criminal proceedings, and, finally, choose one single model that is the most suitable for modern Russia with its laws and realities of development.

Criminal proceedings

2021 ◽  
Author(s):  
Aleksey Proshlyakov
Keyword(s):  
Law Enforcement ◽  
State Standard ◽  
Legal Education ◽  
Criminal Procedure ◽  
Law Enforcement Officers ◽  
Criminal Proceedings ◽  
Law Schools ◽  
Judicial Practice ◽  
Wide Range ◽  
Criminal Procedure Law

The textbook was prepared by the author's team of the Department of Criminal Procedure of the Ural State Law University in accordance with the course program "Criminal Procedure" developed by him, which fully complies with the State Standard of higher legal education (bachelor's, specialist, master's, postgraduate). It takes into account and uses all the changes made to the criminal procedure law, judicial practice, as well as a wide range of scientific and practical works of domestic and foreign procedural scientists. The textbook is provided with a glossary and illustrated with diagrams on the main topics of the course. For students, postgraduates and teachers of law schools and faculties, as well as practicing lawyers, law enforcement officers, researchers

scholarly journals Kedudukan Peraturan Mahkamah Agung Nomor 13 Tahun 2016 Dalam Mengatasi Kendala Penanggulangan Tindak Pidana Korporasi (The Role Of Regulation Of The Supreme Court Number 13 Year 2016 In Overcoming Obstacles Of Corporate Criminal Infringement)

2018 ◽  
Vol 9 (1) ◽  
Author(s):  
Budi Suhariyanto
Keyword(s):  
Law Enforcement ◽  
Supreme Court ◽  
Corporate Crime ◽  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Corruption Case ◽  
The Supreme Court ◽  
Criminal Procedure Law ◽  
The Subject

The prevention of corporate crime in Indonesia is constrained due to unclear management of corporate crime. In order to overcome the imperfection of such arrangements, the Supreme Court issued Supreme Court Regulation No.13 of 2016 on the Procedures for Corruption Case Handling by Corporations. There are questions that arise, what are the obstacles faced by Law Enforcement in an effort to overcome corporate crime and how the role of Perma No. 13 of 2016 in overcoming the obstacles to overcome the criminal act of the corporation? Normative legal research method is used to answer the problem. Normatively, from various laws governing the corruption of the subject of crime, there is no detailed formulation of corporate handling procedures so that law enforcers experience difficulties in conducting the criminal proceedings against the corporation. Article 79 of the Law on the Supreme Court provides the legal basis that if there is a legal deficiency in the course of the judiciary in any case, the Supreme Court has the authority to enact legislation to fill such shortcomings or vacancies. Perma No.13 of 2016 can be used as a guide for Law Enforcement to overcome technical obstacles of corporation criminal procedure law. Nevertheless, Perma has limitation so that required update of corporation criminal procedure in RKUHAP. AbstrakPenanggulangan tindak pidana korporasi di Indonesia mengalami kendala akibat tidak jelasnya pengaturan penanganan tindak pidana korporasi. Dalam rangka mengatasi ketidaksempurnaan pengaturan tersebut, Mahkamah Agung menerbitkan Peraturan Mahkamah Agung No.13 Tahun 2016 tentang Tata Cara Penanganan Perkara Tindak Pidana Oleh Korporasi. Ada pertanyaan yang mengemuka yaitu apa saja kendala yang dihadapi Penegak Hukum dalam upaya menanggulangi tindak pidana korporasi dan bagaimana peran Perma Nomor 13 Tahun 2016 dalam mengatasi kendala penanggulangan tindak pidana korporasi tersebut? Metode penelitian hukum normatif digunakan untuk menjawab permasalahan tersebut. Secara normatif, dari berbagai peraturan perundang-undangan yang mengatur korporasi subjek tindak pidana, tidak dirumuskan detail tata cara penanganan korporasi sehingga penegak hukum mengalami kendala dalam melakukan proses pemidanaan terhadap korporasi. Pasal 79 Undang-Undang tentang Mahkamah Agung memberikan dasar hukum bahwa apabila dalam jalannya peradilan terdapat kekurangan atau kekosongan hukum dalam suatu hal, Mahkamah Agung memiliki wewenang membuat peraturan untuk mengisi kekurangan atau kekosongan tersebut. Perma No. 13 Tahun 2016 dapat dijadikan pedoman bagi Penegak Hukum untuk mengatasi kendala teknis hukum acara pidana korporasi. Namun, Perma tersebut memiliki keterbatasan sehingga diperlukan pembaruan hukum acara pidana korporasi dalam RKUHAP.

scholarly journals Judicial Review of PPAT Calls According to the Criminal Justice System

2019 ◽  
Vol 6 (3) ◽  
pp. 885
Author(s):  
M. Reza Sudarji Famaldika ◽  
Rodliyah Rodliyah ◽  
M. Natsir
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Legal Protection ◽  
Criminal Procedure ◽  
District Court ◽  
Legal Research ◽  
Conceptual Approach ◽  
Legal Provisions ◽  
Criminal Procedure Law

The purpose of this research is to know, understand, and analyze the calling of PPAT according to criminal justice system related to protection aspect and form of legal responsibility.This research method uses normative law research type. Normative legal research is a legal research that lays law as a norm system building. The norm system is about principles, norms, and rules, rules of law, court decisions, agreements and doctrines (teachings). Using the approach method: Statutory Approach, Case Approach, and Conceptual Approach. Normative procedure research results in the calling of PPAT as a witness or suspect are imposed by Article 112 of the Criminal Procedure Code while the seizure of the original deed of PPAT (minuta) and warkah can only be done with the special permission of the Chairman of the local District Court under the provisions of Article 43 of the Book Invite Criminal Procedure Law. PPAT as a Public Officer in carrying out his / her position should have special legal protection to keep the honor and dignity of his / her position including when giving testimony and information in examination and trial. Notary and PPAT positions have similarity in carrying out its duty of making an authentic deed based on the wishes of the parties. The calling of a notary in the criminal justice system has a provision which must be followed as the provisions of Article 66 Paragraph (1) of the Law on Notary Call for the interest of the criminal proceeding process shall obtain the approval of the Notary Public Council while the invitation to the PPAT office shall have the legal provisions in general not having legal protection set specifically.

CONCEPT AND CONTENT OF A RECONCILIATION AGREEMENT IN THE CRIMINAL PROCEEDINGS OF UKRAINE

2017 ◽  
Author(s):  
Mariia Sirotkina ◽  
Keyword(s):  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Main Attention ◽  
Criminal Offense ◽  
Procedural Law ◽  
Legal Nature ◽  
Criminal Procedure Law ◽  
The Subject ◽  
Definition Of

The article is turned out to a scientific search for the concept of "a reconciliation agreement between the victim and the suspect or accused" through the study of the essence of reconciliation and role in criminal proceedings thereof. The author notes that criminal procedural law (until 2012) had been proclaimed another approach to reconciliation between victim and suspect, not involved a dispute procedure as a conflict, the result of which can be reached by compromise and understanding through reconciliation. It is stated that one of the ways to resolve the legal conflict in committing a criminal offense was the opportunity to reach a compromise between the victim and the suspect (the accused) by concluding a reconciliation agreement between them, provided by the Code of Сriminal Procedure of Ukraine (2012). The main attention is placed on the shortcoming of the domestic criminal procedure law which is the lack of the concept of "a reconciliation agreement between the victim and the suspect or the accused", which can be eliminated only through examining the essence or legal nature of reconciliation in criminal proceedings. Taking into consideration the current legislation and modern views on the institution of reconciliation in criminal proceedings, the author's definition of the concept of "a reconciliation agreement" is proposed. Thus, “The conciliation agreement is an agreement in criminal proceedings concluded between the victim and the suspect or the accused person on their own initiative in relation to crimes of minor or medium gravity and in criminal proceedings in the form of private prosecution, the subject of which is the compensation of harm caused by wrongdoing or committing other actions not related to compensation for the damage that the suspect or the accused is obliged to commit in favor of the victim, in exchange for an agreed punishment and sentencing thereof or sentencing thereof and relief from serving a sentence with probation, as well as the statutory consequences of conclusion and approval of the agreement".

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