scholarly journals Perbuatan Tercela Sebagai Salah Satu Alasan Pemakzulan Presiden Dan/Atau Wakil Presiden Dalam Kajian Hukum Pidana Di Indonesia

SASI ◽  
2021 ◽  
Vol 27 (3) ◽  
pp. 376
Author(s):  
Muhammad Irham ◽  
Nani Mulyati
Keyword(s):  
Criminal Law ◽  
Vice President ◽  
Criminal Code ◽  
Religious Values ◽  
Social Culture ◽  
Legal Research ◽  
Moral Principles ◽  
Criminal Sanctions ◽  
Legal Concepts

The purpose of this study is to find out what is meant by the President and/or Vice President committing a disgraceful act in the concept of criminal law, so that they can be impeached. By using normative legal research and approaches to legal concepts, laws and their history. The results of the research are as follows: First, all actions that are contrary to the Criminal Code are disgraceful acts for the President/Vice President; Second, the religious values, social culture of the Indonesian nation, as well as moral principles in the Criminal Code have been compiled in Pancasila and the 1945 Constitution, therefore any deviation from the behavior of the President/Vice President against the 1945 Constitution is a despicable act; Third, all disgraceful acts of the President/Vice President that violate criminal law offenses are subject to criminal sanctions in accordance with the Criminal Code, so that disgraceful acts that have been formally regulated in the Criminal Code are not the meaning of disgraceful acts as referred to in Article 7A of the 1945 Constitution, because the limitations of criminal acts have been determined can impeach the President/Vice President, namely: corruption, bribery, and other serious crimes; Fourth, the disgraceful act of the President/Vice President in Article 7A of the 1945 Constitution is an act of violating the 1945 Constitution as a reference to the rules of criminal law.

scholarly journals Konsepsi Hukum Progresif dalam Pengaturan Tindak Pidana Korupsi di Indonesia

2020 ◽  
Vol 1 (2) ◽  
pp. 35-39
Author(s):  
Efraim Mbomba Reda ◽  
I Nyoman Putu Budiartha ◽  
I Made Minggu Widyantara
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Role Models ◽  
Research Method ◽  
Criminal Code ◽  
Legal Positivism ◽  
Sociology Of Law ◽  
Legal Certainty ◽  
Legal Research ◽  
Descriptive Method

Progressive law puts forward the sociology of law rather than legal certainty which is the focus of legal positivism. In Indonesia, this law was coined by Satjipto Rahardjo. This study aims to determine the formulation of progressive law in future criminal law, and to determine the actualization of the concept of progressive law in regulating corruption in Indonesia. The research method used is a normative legal research method with statute and conceptual approaches. The technique of collecting legal materials in this study is a descriptive method that aims to obtain the meaning of reality related to the problems to be discussed and solved in this study. The results show that in the current Criminal Code Bill, progressive law has been regulated, to be precise in Article 2 paragraph (1) and (2). Progressive law is also regulated in Law no. 48 of 2009 concerning Judicial Power. Then, the actualization of progressive law in regulating corruption in Indonesia is a judge with the powers that take into account the sociological context of society in making decisions. Judges, prosecutors and lawyers can certainly discuss together in eradicating corruption. Efforts are also being made to reconstruct and redefine the power of law enforcement. This arrangement can also encourage the KPK to be more progressive in eradicating corruption, as well as building law enforcers who have morality so that they can become role models and increase public participation, for example by forming NGOs in preventing or fighting corruption in various agencies.

MERE BEZBEDNOSTI PREMA JUGOSLOVENSKOM KRIVIČNOM ZAKONIKU OD 1929. GODINE

2021 ◽  
pp. 35-43
Author(s):  
Biljana Gavrilović ◽  
Keyword(s):  
Criminal Law ◽  
Turning Point ◽  
Current System ◽  
Criminal Code ◽  
Security Measures ◽  
Criminal Sanctions ◽  
Is Security ◽  
The Subject ◽  
First Time

The subject of the analysis is security measures according to the Yugoslav Criminal Code from 1929. Namely, the importance of the analysis of security measures from the Criminal Code from 1929 is reflected in the fact that it made a turning point in the development of criminal law in Serbia, given that it for the first time had prescribed security measures in the register of criminal sanctions. Therefore, the goal is to point out the bases on which the current system of criminal sanctions is built, through the analysis of security measures from the Criminal Code from 1929.

scholarly journals Islamic Law Analysis of Criminal Sanctions for Abortion in the Criminal Code: A Call for Reform

2021 ◽  
Vol 58 (1) ◽  
pp. 5398-5407
Author(s):  
Ishaq, Maratun Saadah
Keyword(s):  
Data Collection ◽  
Criminal Law ◽  
Islamic Law ◽  
Criminal Code ◽  
Criminal Sanction ◽  
Criminal Sanctions ◽  
Library Research ◽  
Legal Literature ◽  
Legal Sanctions

This study aims to contribute to Islamic law regarding the criminal sanction of abortion in the Criminal Code (KUHP) as an effort to reform Indonesian criminal law. The method used is comparison, with data collection carried out by library research, by studying Islamic legal literature, interpretation of the Quran (tafsir), hadith, Criminal Code, and the Draft of Criminal Code. The sanctions for abortion in articles 346, 347, 348 and 349 of the Criminal Code are only imprisonment, not accompanied by fines. According to Islamic law these sanctions are not sufficient, because they tend to make the perpetrators not deterred, as a result the purpose of punishment is not achieved. Therefore, it needs to be updated by including the value of Islamic legal sanctions in the form of fines (diat), so that the purpose of punishment can be achieved.

scholarly journals Traditional Criminal Law Existence in the Settlement of Criminal Action in the Environmental Field in Indonesia

2021 ◽  
Vol 12 (6) ◽  
pp. 1467-1478
Author(s):  
Mohamad Syarhan, Nyoman Serikat Putra Jaya, Bambang Hartono
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
Justice System ◽  
Judicial System ◽  
Illegal Logging ◽  
Legal Research ◽  
Management Tools ◽  
Criminal Sanctions ◽  
Fish Poisoning ◽  
Fish Poison

Many cases of environmental pollution and illegal logging have caused alarming damage to the environment. In the Law regarding Environmental Protection and Management, tools to protect the environment have been regulated. One of which is the application of criminal sanctions, but in Indonesia, some laws live in society, one of which is customary criminal law which can also solve criminal acts in the environmental sector. This research aims to analyze the existence of customary criminal law in the settlement of crimes in the environmental sector. This research is legal research with normative juridical research. The results of this study will be presented in descriptive form. The results showed that Hulsman said the criminal justice system had caused suffering because it could not work according to its objectives and did not carry out the principle of accountability. This judicial system had innate defects. In settlement of criminal acts in the environmental sector, examples of customary criminal law are the settlement of fish poisoning cases committed by some Paya Village Village residents. They use fish poison from plants (tuba), Lannet in the form of flour, Bistox in liquid, and Decis, which is liquid.

scholarly journals JENIS DAN FREKUENSI KEJAHATAN DI DAERAH PARIWISATA PULAU NUSA PENIDA (PROVINSI BALI)

2018 ◽  
Vol 13 (1) ◽  
Author(s):  
I Wayan Suardana ◽  
I Made Walesa Putra
Keyword(s):  
Domestic Violence ◽  
Law Enforcement ◽  
Criminal Law ◽  
Road Traffic ◽  
Criminal Code ◽  
Legal Research ◽  
Police Station ◽  
To Come ◽  
Depth Interviews ◽  
Conventional Type

Nusa Penida is an island which located on southeast of Bali and separated by the Badung Strait. By a variety of tourist pulling magnets to come to Nusa Penida, it also gives effect to the occurrence of crime. The purposes of the research are to develop the science of law, especially in the field of criminal law and to know and study the type and frequency of crime in Nusa Penida Tourism Area so that it can be constructed effective countermeasures formulation. The method used in the achievement of research objectives, methods of approach Juridical Empirical, namely legal research by way of existing facts approach by way of conducting observations and research through in-depth interviews of the object research. The result of the research shows that there are many types of criminal acts in Nusa Penida area, the most often frequency is the persecution of 24 reports, then theft of 12 reports, then another conventional crime based on data obtained from 2014 until 2017, crimes of a conventional type as stipulated in the Criminal Code and there are crimes that are classified as specific criminal acts such as narcotics abuse. Some obstacles are the existence of darknumber by reason; the omission of the community such as perceiving such acts as cock fighting, seeing guests using addictive drugs, there is also not want to take a risk by  reporting an incident, even the police sometimes do not take action or ignore a suspected incident is a crime because it avoids the occurrence of threats to the apparatus itself. Criminalization committed against such crimes as stipulated by the Criminal Code, namely Article 351, 362, 184, 338, 406, 385, 310, 187, 303, 368 and 285. However, there are also crimes threatened with the provisions of the law outside the Criminal Code : Law No. 23 of 2004 on Elimination of Domestic Violence and Law No. 22 of 2009 on Road Traffic and Transportation. There are other obstacles in relation to law enforcement in Nusa Penida crime, which is still unclear authority between Nusa Penida Police Station and Klungkung Police because of the type of crime they handled.

scholarly journals Short-Term Prison Sentence in Republic of Srpska’s Criminal Code

2020 ◽  
Vol 10 (10) ◽  
Author(s):  
Radenko Janković
Keyword(s):  
Criminal Law ◽  
Criminal Code ◽  
Prison Sentence ◽  
Short Term ◽  
Criminal Sanctions ◽  
New Republic ◽  
Open Issues

The appliance of short-term imprisonment penalties is one of the oldest open issues that accompanies imprisonment and one of the oldest problems of criminal law and penology. For one hundred and fifty years, there have been fierce debates about the need of these penalties in criminal law. The new Republic of Srpska’s Criminal Code explicitly stipulates that a short-term prison sentence is up to six months prison sentence. The new Criminal Code completely reformed this penalty by prescribing that it could be applied only exceptionally. The author analyzes the new solution in an attempt to answer the question of whether it is justified in our legislation. Until the new legal solution in our practice, a large part of the prison sentences imposed were short-term prison sentences. The logical question is whether other criminal sanctions and measures are able to satisfactorily fill the rather large gap created by the practically elimination of this penalty.

scholarly journals Studi Komparatif Tindak Pidana Aborsi dalam Perspektif Hukum Article Positif dan Hukum Pidana Islam (Imam Madzhab)

2021 ◽  
Vol 1 (2) ◽  
pp. 204-213
Author(s):  
Moh. Faqih
Keyword(s):  
Criminal Law ◽  
Islamic Law ◽  
Secondary Data ◽  
Criminal Code ◽  
Research Approach ◽  
Legal Research ◽  
Medical Reason ◽  
Positive Law ◽  
Approach Method

The rise of promiscuity and free sex is the reason for a large number of abortion perpetrators in Indonesia. In the enactment of the law stipulated in the Criminal Code (KUHP) regarding abortion, it is very clear that abortion is prohibited as well as from the perspective of Islamic law it is forbidden to abort the fetus unless there is a medical reason that an abortion must be performed. However, in the opinion of Madzhab, there is still a classification of permissibility before the blowing of the spirit and the scholars agree that it is haram to abort the fetus after blowing the spirit. The research approach used in this study is the Normative Juridical Research Method, namely the approach method used in this study is the normative juridical approach or doctrinal legal research, which is legal research that uses secondary data sources. The results of the research conducted by the author are to provide insight to readers so that they better understand the meaning of abortion and also the punishment of the perpetrators of the crime of abortion both in terms of positive law and Islamic criminal law. In finding the comparison of the punishment between positive law and Islamic criminal law lies in the age limit of the fetus that is in the content of the sanction based on Islamic criminal law, the punishment is to pay ghurrah or diyat Kamilah Dari before the blowing of the spirit or after the blowing of the spirit.

scholarly journals Tinjauan Yuridis Tindak Pidana Pemalsuan Dokumen Pernikahaan Terhadap Anggota TNI Berdasarkan Undang-Undang Nomor 25 Tahun 2014 (Studi Kasus Putusan No: 44-K/PM.I-02/AD/IV/2018 Pengadilan Militer I-02 Medan)

2019 ◽  
Vol 1 (1) ◽  
pp. 1-9
Author(s):  
Agung Poso Siregar ◽  
Ridho Mubarak ◽  
Alvin Hamzah
Keyword(s):  
Criminal Law ◽  
Criminal Code ◽  
Prison Sentence ◽  
Military Justice ◽  
Criminal Sanctions ◽  
The Cost ◽  
The Military

Legal arrangements regarding falsification in the Military Disciplinary Law and knowing the application of criminal law in military justice in the falsification of marriage data documents in decision No. 44-K / PM.I-02 / AD / IV / 2018. This type of research is used normative juridical. Retrieval of data in this study is by taking a copy of the decision regarding the problem of falsification of data falsification documents carried out by individual TNI. The application of criminal law against the perpetrators of falsified criminal acts in the examination of the decision Number: 44-K / PM.I-02 / AD / IV / 2018, the defendant was charged using the indictment of Article 263 paragraph (2) of the Criminal Code and Article 279 paragraph (1) to -1 Criminal Code. Furthermore, the judges' legal considerations in imposing criminal sanctions on the defendant in the decision Number 44-K / PM.I-02 / AD / IV / 2018 the defendant was convicted with a basic prison sentence of 10 (ten) months and charged to pay the cost of a trial case because it was legally proven and convincing falsification.

scholarly journals Pertimbangan Hakim dalam Menjatuhkan Pidana terhadap Tindak Pidana Pencurian dengan Pemberatan yang Dilakukan oleh Anak

2020 ◽  
Vol 1 (1) ◽  
pp. 207-213
Author(s):  
Ida Bagus Agung Pariama Manuaba ◽  
I Nyoman Sujana ◽  
Ni Made Sukaryati Karma
Keyword(s):  
Research Method ◽  
Criminal Code ◽  
Legal Research ◽  
Conceptual Approach ◽  
Criminal Sanctions

Judge's considerations are matters which are the basis or are considered by the judge in deciding a crime case. Crime Theft is an act that is classified as a general crime in which a crime against the property of another person. Theft with weighting is a criminal act of theft which in its implementation is accompanied by certain elements so that it is more severe and threatened with higher penalties. Child is a person who is not yet eighteen (18) years old, including those who are still in the womb. In settling a child case, the judge must consider the report in the trial regarding the child concerned. This study aims to determine the criminal considerations and sanctions imposed by the judge on criminal theft with weighting carried out by children. This study uses a normative legal research method with a statutory approach, conceptual approach and case approach. The legal materials studied are primary legal materials, secondary legal materials and tertiary legal materials. The results of this study indicate the judge's judgment in imposing a crime against a child who commits a crime of theft by weighting it based on the elements of the crime committed as well as things that alleviate and incriminate the crime against the child. Criminal sanctions imposed by a judge against a child who commits an act of theft by weighting based on the Court's Decision and the provisions of Article 363 paragraph (1) of the 4th KtoP Jungto Article 65 paragraph (1) of the Criminal Code and other laws relating to the case state that the child is proven legally and convincingly guilty as well as convicting a child of seven months in prison.

scholarly journals Kebijakan Hukum Pidana dalam Penanggulangan Tindak Pidana Perdagangan Anak

2020 ◽  
Vol 1 (2) ◽  
pp. 374-378
Author(s):  
I Ketut Eka Yoga Juliantika ◽  
I Made Sepud ◽  
I Ketut Sukadana
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Criminal Law ◽  
Child Protection ◽  
Justice System ◽  
Criminal Code ◽  
Trafficking In Persons ◽  
Legal Research ◽  
Child Trafficking ◽  
Procedure Code

Children are often victims of child trafficking crime. There are a lot of factors that support the crime of child trafficking, one of which is the lack of regulation on child trafficking. Based on this background, this research was conducted with the aim of describing how the regulation of child trafficking and how the criminal law policy against child trafficking. This research was designed using a normative legal research method. The results of this study indicated that the regulation of child trafficking is regulated in Law No. 21 of 2007 concerning the Eradication of the Crime of Trafficking in Persons, the Criminal Code (KUHP), namely Article 297, Article 301, Article 324, Article 328, and Article 330, RI Law No. 21 of 2007 concerning the Eradication of the Crime of Trafficking in Persons, Law No. 35 of 2014 on Amendments to Law no. 23 of 2002 concerning Child Protection, and Law no. 11 of 2012 concerning the Juvenile Criminal Justice System. Furthermore, the criminal law policy against child trafficking is regulated in the Criminal Code, the Criminal Procedure Code, Law no. 21 of 2007 concerning the Eradication of the Crime of Trafficking in Persons, Law no. 11 of 2012 concerning the Child Criminal Justice System, and Law no. 35 of 2014 concerning amendments to Law no. 23 of 2002 concerning Child Protection.

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