Study on the System of Penalty Substitution in Taiwan, China—Based on 494 Commutation Judicial Documents

Although the penalty substitution system has not been established in mainland China, there is no lack of relevant discussion. Some scholars suggest that we should learn from the introduction of a commutation system to alleviate the disadvantages of short-term freedom penalty and the difficulty of fine penalty implementation; other scholars discuss the function and value of penalty substitution. In mainland China, short-term free penalty and fine penalty are statutory punishments for many crimes, and if the penalty replacement can be realized within a reasonable range, it can also alleviate the disadvantages of the execution of the penalty. The judicial system of Taiwan is rich in judicial practice and has a long time to revise. Based on legislative data and 494 judicial documents related to commutation in Taiwan, China, a comprehensive review of the penalty substitution system in Taiwan will help to explore the role and limitations of penalty substitution as an alternative to punishment.

THE DISCOMFORT OF THE JULY MONARCHY WITH DAUMIER’S GARGANTUA

Gargantua, a lithograph created by Honoré Daumier in 1831, portrayed the French king Louis-Philippe as a gluttonous giant who devours the labor of his people while sitting in a toilet-like throne, and attacked the king’s person and his government with a satirical manner. Apart from its portrayal of the king as a social cannibal, Gargantua also had a scatological humor by representing the king in defecating. For this reason, this lithograph was by no means tolerated by the July Monarchy that struggled to control over the press by censorship throughout its reign. In this research paper that aims to study the meanings and reasons behind Daumier’s portrayal of king Louis-Philippe as a ravenous giant in Gargantua, it will be discussed why this caricature, which the government both censored and sentenced Daumier to imprisonment and fine penalty, discomforted the king and his government so much. In this context, it will be briefly reviewed the political, economic and social conditions in France before and after the 1830 July Revolution in order to get a better understanding on the political atmosphere during the time when Daumier started to draw satirical caricatures for the journal, La Caricature. Later, it will be discussed Gargantua’s literary references, its implications to king Louis-Philippe and his government, the domestic politics in 1831, and the impact of lithography on increasing power of the press in France. Keywords: Honoré Daumier, Gargantua, lithography, political caricature, printmaking

SOSIALISASI RANCANGAN UNDANG-UNDANG PASAL 485 PADA PENANGGULANGAN CYBER SEX

The violation of the law is: "Article 32, which reads every person who played, display, use, possess or store pornographic products as referred to in Article 6 shall be liable to a maximum imprisonment of 4 (four) years and / or a maximum fine of Rp. 2,000,000,000.00 (two billion rupiah). (Note: Article 6 of each person is prohibited from playing, displaying, exploiting, memorizing or storing pornographic products as referred to in Article 4 paragraph (1), except those authorized by law". Islamic law views any extramarital sexual relations as adultery and threatening with punishment, whether the perpetrator is married or not, done likes it or not. Our source of law Qs, 24: 2: "The woman who commits adultery and the adulterer then hail every one of them a hundred times dera. This uses the method of empirical normative legal research, which is "Explaining what it is about a legal event or legal conditions. The municipal or local government seems impressed still in determining the termination of access to pornography or cybersex including socialization of positive criminal law about the crime of single adultery such as Draft Law Article 485. And the proposed criminal law of 2 years imprisonment or fine penalty of R 50,000,000.00 (Fifty million rupiahs) for a single individual. As the law of takzir.

Corporate criminal liability towards the doer of illegal, unregulated and unreported fishing in indonesia

The seas in Indonesia are so wide and its natural wealth (fish) just can be explored and exploited by the ships which are owned by corporation. Those ships are potential to do illegal, unregulated and unreported (IUU) fishing. Even though corporation might commit a crime but the corporation can not be asked yet for the criminal liability. Nevertheless, criminal liability is charged to corporation’s staff. This research is included as normative research based on the study of law material. Stipulation of Article 101 Law Number 45 year 2009 jo Law Number 31 year 2004 on fishery, state that the claim and sanction in fishery criminal case which done by corporation will be given to corporation’s staff in form of fine penalty and added third of the given penalty. This is a reverse of criminal law because the other fields make corporation as the doer and can be asked for their responsibility. The theory development on criminal corporation liability seems does not followed by law maker. Consequently, there is no deterrent effect towards the doer of fishery criminal corporation cases. It needs law amendment and insert the corporation criminal liability clause, so there is a visible deterrent effect for the doer.

THE PENAL CODE REFORMULATION IN ERADICATION OF NARCOTICS CRIME

The high penalty of imposed fines aims to provide a deterrent effect and fear, both for the perpetrator of the criminal itself and for others. However, with the formulation of high penalty penalty threats and the granting of the possibility by the Act to replace the implementation of a fine with a subpoena of imprisonment in a short time cause the fine penalty in Law Number 35 Year 2009 is not effective.