scholarly journals Abduction of a minor and criminal law reaction

2018 ◽  
Vol 52 (4) ◽  
pp. 1731-1746
Author(s):  
Milica Kovačević
Keyword(s):  
Criminal Law ◽  
A Minor

scholarly journals THE ROLE OF JUSTICE COLLABORATOR IN UNCOVERING CRIMINAL CASES IN INDONESIA

2017 ◽  
Vol 2 (1) ◽  
pp. 27
Author(s):  
Hambali Thalib ◽  
Sufirman Rahman ◽  
Abdul Haris Semendawai
Keyword(s):  
Research Methods ◽  
Criminal Law ◽  
Transnational Crime ◽  
Protection Agency ◽  
Criminal Cases ◽  
Judicial Process ◽  
Empirical Law ◽  
Victim Protection ◽  
A Minor

The purpose of this research is to study the role of justice collaborator in uncovering who is the mastermind behind a major crime in the act of criminal law, and also not only end on a minor defendant (field defendant). The empirical law research methods is conducted on the Commission Eradication Commission (KPK) and the Witness and Victim Protection Agency (LPSK). The results shows that the role of justice collaborator facilitates the verification in the criminal judicial process in order to totally reveal the well-organized transnational crime. In this context, corruption in Indonesia is committed collectively, the existence of regulations on justice collaborator is a legal instrument that is expected to strengthen the collection of Form of Evidence dan Real Evidence at the trial

scholarly journals Abuse of Parental Responsibility by Criminal Law and Criminology

2020 ◽  
Vol 8 (1) ◽  
pp. 124-138
Author(s):  
Marzena Zieziula
Keyword(s):  
Criminal Law ◽  
Statistical Data ◽  
Parental Responsibility ◽  
A Minor

The purpose of the article is to show ways of abuse of parental responsibility, which take the form of crimes committed against a child. In the first part of the study, the author focused on the analysis of criminal law. Selected crimes were discussed bullying, abandonment of a minor, kidnapping of a minor and drinking of a minor. Further in the work, an analysis of statistical data was carried out, which was made available by the Police Headquarters and the Ministry of Justice. The analysis of these data allowed to show the size and dynamics of crimes committed to the detriment of children.

Bail, Probation and Parole in Belgian Law

1986 ◽  
Vol 14 (3-4) ◽  
pp. 100-110
Author(s):  
George E. Glos
Keyword(s):  
Criminal Law ◽  
Second Phase ◽  
Final Decision ◽  
Criminal Proceedings ◽  
Personal Liberty ◽  
The Third ◽  
Probation And Parole ◽  
Third Phase ◽  
Court Proceedings ◽  
A Minor

Bail, probation and parole have one thing in common, namely, they are devices that enable a person proceeded against criminally to obtain personal liberty from detention. It is significant that each of them falls within one of the three basic phases of criminal proceedings. Bail may be obtained in the first phase extending from the beginning of the proceedings until trial or the final decision on appeal. In the second phase dealing with the final decision, a person may be admitted to probation rather than commited to jail. In the third phase covering the incarceration, a convicted person may be released on parole with respect to the final portion of his imprisonment rather than being kept in prison for the whole term imposed. This seemingly favorable treatment of offenders is based on sound reasoning, namely, since a person must be considered innocent until found guilty in court proceedings, an unnecessary detention prior to trial must be avoided. In the second phase, a minor offense may be punished by a probated sentence, i.e., the term of imprisonment will have to be served only if the person does not comply with the conditions of probation. The favor granted to the offender is designed to guide him out of trouble in the future and encourage him to abide by the law. In the third phase, parole is envisaged as a reward for good conduct and as an incentive to behave well after release. Belgian criminal law has been applying all these principles with success.

Sex Offenses Against Minors in China: An Empirical Comparison

2015 ◽  
Vol 61 (10) ◽  
pp. 1099-1124 ◽  
Author(s):  
Ming Hu ◽  
Bin Liang ◽  
Siwen Huang
Keyword(s):  
Sex Offenders ◽  
Criminal Law ◽  
Public Attitude ◽  
Policy Implications ◽  
Empirical Comparison ◽  
Sex Offenses ◽  
Empirical Inquiry ◽  
Unique Nature ◽  
A Minor ◽  
Sex Offense

In recent years, due to a number of notorious sex offense cases against minors, a new punitive public attitude emerged in China and pressed for harsher crackdown and punishment against sex offenders. In particular, an “engagement in prostitution with a minor” law (Article 360 of the Criminal Law) was targeted as “unjust” based on the belief that offenders of such crimes often received “lenient” punishment, and many called for its abolition. In this study, based on 440 adjudicated sex offense cases, we examine potential differences across three sex offenses (including rape, child molestation, and engagement in prostitution with a minor) in the demographics of defendants and victims, offending characteristics, and trials and sentences of convicted offenders. Our empirical inquiry pointed to the unique nature of engagement in prostitution with a minor. Offenders of such crimes seemingly carried a different profile, compared with offenders of the other two sex crimes. Moreover, our data casted some doubt on the “lenient” punishment received by offenders of engagement in prostitution with a minor. Policy implications were also drawn based on our findings.

scholarly journals Placement in closed-type special educational institutions (CTSEI) as a complex legal institution

2021 ◽  
Vol 118 ◽  
pp. 03006
Author(s):  
Valeria Aleksandrovna Terentyeva ◽  
Irina Anatolyevna Gaag
Keyword(s):  
Criminal Law ◽  
Federal District ◽  
Educational Institutions ◽  
Siberian Federal District ◽  
Full Sample ◽  
Coercive Measures ◽  
Closed Type ◽  
Disciplinary Process ◽  
A Minor ◽  
Educational Influence

The purpose of this study is to examine the institute of coercive measures of educational influence from the perspective of the possibility of combining the criminal-law regulation and correctional influence exercised within the framework of other branches of law. The methodological basis is a longitudinal study of persons released from criminal punishment using compulsory measures of educational influence, the article analyzes the peculiarities of juvenile delinquency of a special category. The study is based on a full sample of juveniles held in closed-type special educational institutions in the Siberian Federal District (300 sentences in total) and on a sample of 100 sentences against persons subjected to the measures provided for by criminal law. The result of the study is that the regulation of coercive measures of educational influence by criminal law alone is clearly not enough; the disciplinary process requires more soft norms that would reflect the age characteristics of juveniles. The novelty of the study lies in the reasonable conclusion that such norms are contained in the administrative, civil, and family branches of law, which are involved in the subsidiary regulation of legal relations arising as a result of the release of a minor with the use of coercive measures of educational influence.

scholarly journals ON ISSUE CONCERNING TYPES OF OTHER CRIMINAL AND LEGAL MEASURES FOR JUVEMILES: NORMATIVE APPROACH

2020 ◽  
Vol 2020 (2) ◽  
pp. 7-16
Author(s):  
Yermak O.V. ◽  
Keyword(s):  
Juvenile Offenders ◽  
Criminal Law ◽  
Educational Institution ◽  
Radical Change ◽  
Criminal Code ◽  
Coercive Measures ◽  
Psychiatric Institution ◽  
Criminal Offenses ◽  
A Minor ◽  
The Impact

Much attention in society is given to the problem of the impact of criminal and legal measures on juvenile offenders but it does not lead to radical change. Juveniles often commit various types of criminal offenses related to drug use and violence. In the process of analyzing the Criminal Code of Ukraine and special literature in order to study the legal nature of other measures of criminal law applicable to minors, the following their types are investigated: coercive measures of medical nature, special confiscation and coercive measures of educational nature. In order to treat, improve the mental state, prevent committing of new offenses against minors, coercive measures of medical nature are applied. Namely they are: providing compulsory outpatient psychiatric care; hospitalization in a psychiatric institution with regular supervision; hospitalization in a psychiatric institution of intensive care; hospitalization in a psychiatric institution under strict supervision. Special confiscation is a compulsory, gratuitous seizure by a court of state property of money, property and other property and applies to a minor in general. Determining the type of coercive measure takes place in court and depends on the severity of the crime and other circumstances. Coercive measures of educational nature are measures aimed at educating minors, providing additional control over them and preventing from committing of new socially dangerous actions. Types of such measures are warnings; restriction of leisure and establishment of special requirements for minor’s behavior; transferring under the supervision of parents or persons replacing them, or teaching or work staff with their consent, or individual citizens at their request; imposing on a minor who has reached the age of fifteen and has property, money or earnings, the obligation to compensate for the property damage caused; referral of a minor to a special educational institution and appointment of a minor educator. Key words: juvenile criminal law, Criminal Code of Ukraine, coercive measures of medical nature, special confiscation, coercive measures of educational nature, punishment.

scholarly journals Pengaturan Homoseksual dalam Hukum Pidana Indonesia

2021 ◽  
Vol 1 (3) ◽  
pp. 92-105
Author(s):  
Kukuh Prima ◽  
Usman Usman ◽  
Herry Liyus
Keyword(s):  
Criminal Law ◽  
Research Method ◽  
Criminal Code ◽  
Sexual Relations ◽  
Same Sex ◽  
A Minor

This article aims to investigate and analyze the regulation of homosexuals under Indonesian criminal law and to find out and analyze criminal law policies regarding homosexuals. The research method used in this research is normative juridical. The results of this study are same-sex sexual relations committed by homosexuals as part of a criminal act according to Indonesian criminal law, which is regulated in the provisions of Article 292 of the Criminal Code, but these provisions are limited to only regulating adults who commit homosexuality with a minor. . Homosexual acts between adult perpetrators need to be made a crime in Indonesia and can be based on three basic things, namely juridical, theoretical and sociological grounds. Suggestion After the authors conducted research on the regulation of homosexuals in Indonesian criminal law, the authors would like to suggest that it is necessary to criminalize a wider range of homosexual relationships than just those committed by adults with minors and also to same-sex sexual relations committed by fellow adults. Abstrak Artikel ini bertujuan untuk mengetahui dan menganalisis pengaturan homoseksual menurut hukum pidana Indonesia dan untuk mengetahui dan menganalisis kebijakan hukum pidana mengenai homoseksual. Metode Penelitian yang digunakan dalam penelitian ini adalah yuridis normatif. Hasil dari penelitian ini adalah Hubungan seksual sesama jenis yang dilakukan oleh homoseksual merupakan bagian dari tindak pidana menurut hukum pidana Indonesia, yaitu diatur di dalam ketentuan Pasal 292 KUHP, tetapi ketentuan tersebut terbatas hanya mengatur orang dewasa yang melakukan homoseksual dengan seorang anak di bawah umur saja. Perbuatan homoseksual antara pelaku dewasa perlu dijadikan sebagai tindak pidana di Indonesia dapat didasarkan pada tiga hal medasar, yakni dasar yuridis, teoritis, dan sosiologis. Saran Setelah penulis melakukan penelitian terhadap pengaturan homoseksual dalam hukum pidana indonesia, maka penulis ingin memberi saran yaitu bahwa perlu dilakukan kriminalisasi yang lebih luas terhadap hubungan homoseksual dari sekedar yang dilakukan oleh orang dewasa dengan anak dibawah umur diperluas juga terhadap hubungan seksual sesama jenis  yang dilakukan oleh sesama orang dewasa.

scholarly journals Penyelesaian Perkara Pencurian sebagai Tindak Pidana Ringan Pasca Peraturan Mahkamah Agung Nomor 2 Tahun 2012

2021 ◽  
Vol 2 (1) ◽  
pp. 19-24
Author(s):  
Gede Mahadi Waisnawa Hanata Putra ◽  
I Nyoman Putu Budiartha ◽  
Ni Made Sukaryati Karma
Keyword(s):  
Supreme Court ◽  
Research Methods ◽  
Criminal Law ◽  
Criminal Procedure ◽  
Criminal Code ◽  
Legal Research ◽  
East Indies ◽  
Procedure Code ◽  
The Supreme Court ◽  
A Minor

Indonesian Criminal Law is currently a legacy from the Dutch East Indies Government which has been adapted and passed by Law No. 16 of 1946 to be implemented nationally. The purpose of this research is to describe the regulation of theft of minor crimes in the Criminal Code before the Supreme Court Regulation Number 2 of 2012 and to describe the juridical consequences of Supreme Court Regulation No.2 of 2012 on theft as a minor criminal act in the Criminal Code. This research uses normative legal research methods. The results show that according to Article 206 of the Criminal Procedure Code, procedures for granting authority to investigate and review cases are carried out by the investigator himself and should not be disturbed by the prosecutor. This Perpres adjusts articles 364, 373, 379, 384, 407 and article 482 of the Criminal Code to Rp. 2,500,000.00. Therefore, fulfill this element of the requirement and enter a case where the value of the commodity does not exceed Rp. 2,500,000.00. Therefore, the case is examined by expedited procedure, which is tried by a judge, and the assignment and review of the case is carried out by the investigator himself without the interference of the prosecutor.

scholarly journals Coercive Measures of Educational Influence in the Current Development of Legislation in Juvenile Delinquency Prevention

2021 ◽  
pp. 232-237
Author(s):  
Dmitry B. Laptev ◽  
Keyword(s):  
Criminal Law ◽  
Specific Form ◽  
International Standards ◽  
Negative Consequences ◽  
Closed Type ◽  
Criminal Procedure Law ◽  
A Minor ◽  
Criminal Legislation ◽  
And Control ◽  
Educational Influence

The article examines the effectiveness of existing criminal legal instruments of educational influence on minors. On the basis of the analysis of strategic planning documents affecting children, changes in criminal and other federal legislation on the basis of the system for the prevention of juvenile neglect and delinquency, it is concluded that the task of bringing the legislation in question in line with international standards has not yet been solved. Criminal legislation in this area is not impeccable and needs to be finalized. Judicial statistics show a low demand for warning as an educational measure. At the same time, criminal legislation does not regulate a specific form of warning and does not answer the question of what negative consequences for a minor may occur if they have not made appropriate conclusions from the declared warning, but have not yet committed a new crime. In addition, the question of the element of coercion in the structure of this measure is raised, and the difficulties of its application are indicated, taking into account the existence in criminal law of rules on the insignificance of the act. It is proposed to remove warning from the list of compulsory measures of educational influence. Based on the analysis of the practice of implementing the obligation to make amends for the harm caused, it is concluded that the coercive element in the structure of this measure is conditional in cases when compensation is paid not by minors themselves, but by their parents. In this part, the measure in question seems ineffective. When considering the provisions governing the transfer of a minor to the surveillance of parents or other persons replacing them, attention is drawn to the absence of the types and limits of surveillance and control clearly defined in the law. In addition, it is concluded that there is a conflict that arises between the rules of criminal procedure law, which provides for negative consequences from failure to comply with the measure imposed on minors, and the provisions of criminal law, according to which the duties are imposed not on the minor, but on third parties. In the light of judicial statistics showing that it is extremely rare for minors to be sentenced to imprisonment for crimes of moderate gravity, the relevance of the provisions of the criminal law providing for the possibility of placing minors who have committed crimes in this category in a special educational facility of a closed type is questioned.

scholarly journals Kebijakan Hukum Pidana Terhadap Pertanggung Jawaban Pidana Penguasaan Tanah Tanpa Hak Sebagai Tindak Pidana Ringan (Studi Pengadilan Negeri Lubuk Pakam)

2020 ◽  
Vol 2 (1) ◽  
pp. 33-41
Author(s):  
Selly Regina Br. Sitepu ◽  
Ediwarman Ediwarman ◽  
Marlina Marlina ◽  
M. Ridha Haikal Amal
Keyword(s):  
Criminal Law ◽  
Land Tenure ◽  
Criminal Liability ◽  
Land Ownership ◽  
Criminal Code ◽  
Legal Knowledge ◽  
The Right ◽  
A Minor

Criminal legal arrangements regarding liability for land tenure without rights are found in the provisions of Article 6 paragraph (1) jo. Article 2 of Law No. 51 / PRP / 1960 concerning Prohibition of Use of Land without a Right of Permit or Proxy, Article 167 of the Criminal Code, Article 385 paragraph (1) of the Criminal Code. Factors causing land ownership without rights are: Lack of community legal awareness and lack of community legal knowledge. The criminal law policy on criminal liability for control of land without rights as a minor crime is in the form of a penalty in which the perpetrators of the criminal act of controlling land without rights can be submitted to court on the basis of committing criminal acts in the form of violations and in the form of non-penal actions in the form of mediation between the mastering actors land without rights with the right owner.

Sign in / Sign up

Export Citation Format

Share Document