An Analysis of The Imposition of Criminal Sanction to COVID-19 Vaccination Objectors Through the Lens of Criminal Law and Qiyas Shafi’i Mazhab in Indonesia

<table width="595" border="0" cellspacing="0" cellpadding="0"><tbody><tr><td valign="top" width="387"><p><em>This article aims to answer whether vaccination is a right or an obligation and how criminal law and Qiyas Shafi’i Mazhab views the basic provisions of criminal law against vaccination objectors. By combining doctrinal and socio-legal research method, this article concludes that vaccination is an obligation because a person's personal right to choose health services, especially COVID-19 vaccination has turned into a public right. Vaccination is the government's obligation to protect public health as part of meeting health needs, following the mandate of the constitution and human rights. According to the relative punishment theory, the application of criminal sanctions is an effort made to maintain public order and peace of society, not as a means of repaying the perpetrator's mistakes. Thus, the sanctions imposed on the perpetrator are solely to provide fear so that they do not repeat their actions and other people do not follow them. There are three main objectives of relative theory, namely prevention, prevention, and reform. Whereas Qiyas Shafi'i Mazhab puts forward the application of qiyas as a justification for imposing criminal sanctions against vaccination objectors. Because a person is prohibited from doing something that endangers himself and others, punishment according to the Qiyas Shafi'i Mazhab can be applied. There are similarities between criminal law and Qiyas Shafi'i Mazhab to a view of the obligation to vaccinate, that is, both allow the reduction of individual human rights for the sake of common interests. Ultimately, this article recommends the need to regulate the handling of COVID-19 vaccination objectors through act so that vaccination and law enforcement can run comprehensively, not partially </em></p></td></tr></tbody></table>

Law Enforcement on Carok Actor’s Criminal Act

Carok is a tradition in Madurese people in the form of fight for a certain, extreme reason concerning individual’s self-esteem, followed with group fight with the use of weapons, and carok implementation may cause death. In the context of formal law, carok is the manifestation of the actors’ bravery in violating the rules designated in the Criminal Code, thus they must undergo years of criminal imprisonment as actors of serious criminal act. On this basis, this research explored factors causing carok actor’s criminal act and the constraints the police faced in the law enforcement effort on carok actor’s criminal act. The normative law or literature research approach method employed in this research emphasized on criminal law literatures, prevailing laws and regulations, court decisions, legal theories, scholars’ opinions and interviews. This research took descriptive analysis form based on the approach of carok case that caused death in Decision Number 182/Pid.B/2013/PN.Bkl. From the perspective of criminal law, Carok indicates a crime that may be qualified as criminal acts of physical abuse and murder since it contains a certain period or tempo from the start to the implementation of problem, in which the actors have calmly considered any possibilities and consequences of their actions. In general, the reasons of carok actor’s criminal acts are individual or group’s self-esteem abuse, vengeance, inheritance distribution conflict, etc. The author expected that appropriate law enforcement will minimize Carok occurrences, such as through making of special regulation for carok actors and imposition of serious criminal sanction (imprisonment) on carok actors and improved education, especially primary education.

Tinjauan Yuridis Terhadap Tindak Pidana Penipuan Jual Beli Tanah (Studi Kasus : Putusan No. 74/Pid.B/2017/Pn Gin)

Crime on this earth will never end. The most frequent criminal treatment in the community is the crime of fraud related to an object. The crime of fraud has been regulated starting from Article 378 to Article 395 of the Criminal Code. This study aims to examine the criminal sanctions against the crime of fraud in the sale and purchase of land and reveal the judges' considerations against the perpetrators of the crime of fraud in the sale and purchase of land according to the case study: Decision No. 74/Pid.B/2017/PN Gin. This study uses a normative legal research method with a legislation approach and a case study approach. The legal materials used are primary and secondary legal materials collected by library and interview techniques. Furthermore, the research data was processed and analyzed descriptively qualitatively. The results of the study revealed that the criminal sanction applied was in the form of a principal sentence by looking at the indictment of the public prosecutor which applied more to Article 378 of the Criminal Code so that in the case study the defendant was sentenced to a year in prison. The Panel of Judges made this decision after hearing statements from the defendant, victim witnesses, and evidence presented by the public prosecutor

MARGINAL NOTES TO THE PROVISIONS OF THE CRIMINAL PROCEDURE CODE ON THE HEARING FOR THE IMPOSITION OF CRIMINAL SANCTIONS

The article refers to the hearing for imposing a criminal sanction, as a simplified procedural form provided by the Serbian Criminal Procedure Code. It is an institute which in comparative legislation is usually called a penal order. The paper critically considers the regulation of this procedural form, and at the end are given some proposals de lege ferenda.

STATUTORY OF LIMITATION FOR JUVENILE IMPRISONMENT

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.

War and order: rethinking criminal accountability for the Iraq War

Public calls for the criminal accountability of UK and US politicians for the 2003 Iraq war are part of the war’s legal legacies. This article questions whether criminal sanction can be a corrective to war by considering whether the relationship between the two might be understood as symbiotic.

Long-Term Sentence in the Laws of the Former SFRY and Contemporary European Criminal Law

Life imprisonment is the term for a prison sentence based on which a convicted person remains in prison for their whole life. After the death penalty, it is the severest criminal sanction. Many countries have introduced it in their legislation as a substitute for the death penalty. On the other hand, many legislations have, along with the long-term sentence, introduced the possibility of the convicts’ release, most often conditional release. From the second half of the 20th century onwards, life imprisonment as well as the death penalty has most often been regarded an inhumane and inefficient sanction, given that people sentenced to life imprisonment are considered permanently excluded from society, that is, losing any kind of interest in rehabilitation. This paper analyses the issues related to long-term sentences - life imprisonment in the countries of the former Socialist Federal Republic of Yugoslavia (SFRY) and in the contemporary European criminal law.

CRIMINAL SANCTION CHARACTERISTICS AGAINST CORPORATION COMMITTED ON CONSUMER PROTECTION OFFENCES IN FEW COUNTRIES

This study aims to analyze the character of the sanctions system against corporations that commit consumer protection crimes. This paper is novel because it seeks to contribute to the current debate in the literature about sanctioned individuals and corporations by comparing the sanction and fines in few countries. Criminal sanctions in force in a country are very dependent on the state's reaction to the deviant activities of the corporations in the society concerned. The state's response was manifested in the sanction system policy towards corporations that commit criminal acts. A sanction system is still conventional, while a sanction system is responsive to the corporate phenomenon. Does this research discuss the sanction system's character against corporations that commit criminal acts of consumer protection? What are the problems of the system of sanctions against corporations that commit these consumer protection crimes? This research was conducted with a normative and comparative approach to comparing the sanctions against corporations that commit criminal acts of consumer protection between the Indonesian Consumer Protection Act and the Consumer Protection Act in several countries, namely Malaysia, the Philippines, Canada, and Finland. This study indicated differences in the character of the criminal sanction system between the Consumer Protection Act of Malaysia, the Philippines, Canada, Finland, and Indonesia against corporations that commit criminal acts in consumer protection. Another characteristic found is a single formulation, namely the threat of criminal fines except for the Indonesian Consumer Protection Act.

Efektivitas Pemenjaraan Ditengah Ide Pemidanaan Dengan Pendekatan Keadilan Restoratif

The present study seeks to find out, examine the effectiveness of criminal sanctions in the form of imprisonment in Bali, as well as discover the basis for the application of punishment with a restorative justice approach. This study belongs to empirical legal research that is descriptive in nature and makes the Correctional Institution in Bali the object of research. The results of the study suggested that the emergence of recidivists in Bali and the still negative stigma among the Balinese community subsequent to the removal of prisoners shows that correctional goals are still unachieved and the emergence of recidivists in Bali implies that the criminal sanction in the form of imprisonment still remains ineffective. The concept of an ideal criminal system to be applied in Bali related to imprisonment is the one adopting the restorative justice approach, because in addition to minimising imprisonment, in this approach, the interests of victims are more concerned by making various efforts to resolve conflicts and by making rehabilitation. Tujuan dari studi ini untuk mengetahui dan menganalisis efektivitas pemenjaraan di Bali dan menemukan landasan penerapan pemidanaan dengan pendekatan keadilan restoratif. Penelitian ini adalah penelitian hukum empiris yang sifatnya deskriptif dan menjadikan Lembaga Pemasyarakatan di Bali sebagai objek penelitian. Hasil studi menunjukkan bahwa munculnya residivis di Bali dan masih adanya stigma negatif dari masyarakat Bali setelah narapidana keluar dari lapas menunjukkan bahwa tujuan pemasyarakatan belum tercapai dan sanksi penjara tidak efektif di Bali. Konsep sistem pemidanaan yang ideal untuk diterapkan di Bali terkait dengan pemenjaraan adalah konsep sistem pemidanaan dengan pendekatan restorative justice yang memperhatikan kepentingan korban dengan melakukan berbagai upaya penyelesaian konflik dan rehabilitasi, serta meminimalisasi penjatuhan pidana penjara.

Perlindungan Hukum Bagi Investor Pemegang Unit Penyertaan Reksa Dana yang Memperjanjikan Fix Return

With the increasing number of people who develop mutual fund investment products, competition between Investment Managers as mutual fund managers is increasing. As a result, several investment managers commit fraud in the marketing of mutual fund product sales, one of which is offering Fix-Return Mutual Fund products. To analysis the problem, this research will review the validity of the mutual fund marketing which is offering a Fix Return income according to the Indonesian regulations, and the Liability of Investment Managers who sale the fixed-income mutual funds by promising a Fix Return. The type of this research is normative legal research with the statutory and conceptual approach. The results show that although the marketing of mutual fund products with Fix Return is formally regulated in the provisions of article 37 letter (d), Financial Services Authority Regulation Number:39/POJK.04/2014. However, investment managers who sale fix return mutual fund products may be punished by civil, administrative and criminal sanction because of their faud and misconduct. Keywords: Protection; Mutual Fund Participation Units; Fix Return.AbstrakDengan semakin maraknya masyarakat yang berinvestasi pada produk investasi reksa dana, membuat persaingan antar Manajer Investasi sebagai pihak pengelola reksa dana semakin meningkat. Akibatnya terdapat beberapa manajer investasi yang melakukan kecurangan dalam pemasaran penjualan produk reksa dananya, salah satunya yaitu dengan menjanjikan suatu imbal hasil pasti pada produk reksa dananya, atau juga dikenal dengan istilah Fix Return. Untuk menganalisis masalah tersebut, penelitian ini akan mengkaji validitas pemasaran reksa dana yang menawarkan pendapatan Fix Return menurut peraturan perundang-undangan di Indonesia dan Tanggung gugat Manajer Investasi yang memasarkan reksa dana jenis reksa dana pendapatan tetap dengan memperjanjikan Fix Return. Tipe penelitian yang digunakan dalam penelitian ini adalah penelitian hukum normatif dengan pendekatan perundang-undangan dan pendekatan konseptual. Hasil dari penelitian ini menunjukkan bahwa meskipun pemasaran produk reksa dana dengan Fix Return diatur dalam ketentuan pasal 37 huruf (d), Peraturan Otoritas Jasa Keuangan Nomor:39/POJK.04/2014, namun apabila Manajer Investasi memasarkan produk reksa dana dengan Fix Return, Manajer investasi dapat dikenakan sanksi perdata, administratif dan pidana apabila terbukti memasarkan produknya dengan Fix Return. Kata Kunci: Perlindungan Hukum; Unit Penyertaan Reksa Dana; Fix Return.