deterrent effect
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2022 ◽  
Vol 27 ◽  
pp. 299-307
Saifullah Saifullah

This is a qualitative research with a case study approach. This research is intended to answer the questions how the sanctions are applied by schools for bullying children and how the law enforcement for bullies is applied. Data was collected by means of semi-structured interviews with 5 informants consisting of a psychologist, a legal practitioner and 3 parents whose children were victims of bullying. Cases of bullying that occur in schools receive less attention from teachers, academic staff and school principals. In general, bullying is still considered an ordinary child delinquency and behaviour, even though the impact of bullying is very dangerous for students who become victims. For this reason, every teacher, staff, principal must have sufficient knowledge regarding bullying issues in order to create an activity program that aims to prevent bullying and every parent must also pay attention to their children and understand that currently there is a law related to the problem of bullying and it is hoped that parents will have the courage to report to the authorities in order to provide a deterrent effect not only to the bullies but also to those who cover up the case.

2021 ◽  
Vol 8 (2) ◽  
pp. 219
Tendra Harnata ◽  
Toha Andiko

 This study discusses the issue of the application of selaghian customary sanctions to the Serawai people of South Bengkulu as well as examines the opinion of Islamic law on these sanctions. This study uses a qualitative method with a descriptive normative legal approach, to unravel the facts found in the field (field research). Based on the data collected through observation and in-depth interviews in the field, it was found that the form of selaghian that is still being practiced is selaghian sebambangan, a type of selaghian performed by a couple (male and female) with both of them secretly running away from the house with no friends, going to the house of a local traditional leader, then being told by someone else to tell the couple’s parents, to pick up the couple and marry them off. Customs impose fines that vary according to the severity of the offense committed. In terms of Islamic law, the provision of customary sanctions in the form of ta’zir punishment is legal and may be carried out as a good custom (‘urf shahih) with the aim of causing a deterrent effect for the perpetrators (zawajir).

2021 ◽  
Vol 2 (2) ◽  
pp. 133-144
Rakhmat Ubaidillah Ahror

Sexual violence is a crime against humanity. Because, it is, closely related to human rights Cases of sexual violence caused the government to issue the idea of castration for perpetrators of sexual violence. However, this raises pros and cons in the community. The problem of this research is, how is the imposition of castration sanctions on pedophiles from a human rights perspective, and what are the supporting and inhibiting factors for implementing castration sanctions against pedophiles? The study uses a normative juridical and empirical juridical approach carried out on theoretical matters of legal principles. In contrast, the empirical approach is carried out to study the law in reality through behavioural assessments. The study results stated that the perspective of imposing castration sanctions on pedophile perpetrators also reaped the pros and cons in its implementation. Some thought that castration sanctions were quite effective if applied to perpetrators of sexual crimes to immediately provide a deterrent effect on perpetrators and break the chain of sexual crimes that developed in the community. Opinions against the castration sanction are also criticised by various groups, including human rights activists, because castration is considered a cruel punishment for perpetrators, and cruel punishments aim to torture the perpetrators of the crime, but this is undoubtedly related to human rights. Supporting and inhibiting factors for the implementation of castration sanctions against pedophile perpetrators. Supporting factors for the discourse of castration sanctions on perpetrators of sexual crimes against children are caused by the high number of sexual crimes in Indonesia, which has entered a dangerous stage. It was passed into Law Number 17 of 2016. The inhibiting factor is that castration sanctions are not allowed in the national criminal law system. The purpose of punishment, castration is a violation of human rights, seen from the facilities or facilities. Furthermore, there are obstacles from the executor of the castration crime, namely doctors, because it contradicts the code of ethics (KODEKI). Suggestions in this study should be in imposing criminal acts of sexual violence against children to pay attention to humane punishments without degrading and provide benefits, namely a deterrent effect.

2021 ◽  
Vol 2 (2) ◽  
pp. 167-170
Yoan Barbara Runtunuwu

The purpose of this study is an action to study and analyze the problems of waste management in residential areas and residential waste management and community-based waste management. In this study, we use a study based on literature study which is a legal norm, where the secondary materials obtained through library research are only library materials and legal secondary materials. The essence of this discussion is the implementation of integrated waste management in Manado City based on the provisions regarding waste. It is clearly stated that waste management is not only the responsibility of the government. As a waste producer, the community has to maintain cleanliness and environmental health. In this case, an administrative disposition must be applied to continue any problems found. As mentioned in this field, compliance is low and can provide a deterrent effect for those who are not aware of the importance of waste management.

2021 ◽  
pp. 003022282110666
Emmanuel Nii-Boye Quarshie ◽  
Kwaku Oppong Asante ◽  
Johnny Andoh-Arthur ◽  
Charity Sylvia Akotia ◽  
Joseph Osafo

We explored the views of members of parliament (MPs) in Ghana on the call to decriminalise attempted suicide. We applied reflexive thematic analysis to Parliamentary Hansards (2017–2020) on calls to decriminalise attempted suicide in Ghana. 11 MPs shared their stance for or against the call. We developed three major themes that entailed, often, opposing views: (1) deterrent effect of the law (against: the law punishes and deters to protect life; for: the law is insensitive and has ironic effects), (2) enforcement of the law (against: leave things as they are, the law is not enforced, anyway; for: crime is not self-inflicted) and (3) prioritisation of suicide prevention (against: focus on more pressing issues, but resource support systems; for: the law and legitimate support systems cannot co-exist). The findings indicate two needs: to extend suicide literacy to Ghanaian MPs, and to initiate a public/private member’s bill on attempted suicide decriminalisation.

2021 ◽  
Vol 2 (2) ◽  
pp. 97-112
Umi Hidayati ◽  
Athoillah Islamy

Not only in the interpretation of classical scholars, the discourses on the interpretation of contemporary scholars are also diverse and often contradictory even though they are based on the same textual basis of the Qur'anic verse. This study intends to identify trends in the interpretation of contemporary scholars regarding the legal sanctions for cutting hands in al-Maidah verse 38. Two figures are studied, namely Ibn 'Asyur and Muhammad Syahrur. The main data objects of this research, namely the book (kitab) entitled al-Tahrîr wa al-Tanwîr by Muhammad Tahir Ibn 'Asyur  and al-Kitâb wa al-Qur'ân Qirâ'ah Mu'âsirah by Muhammad Syahrur, and. The research approach used is a philosophical normative approach. The analytical theory used is the typology of textualism and contextualism of interpretation which was coined by Abdullah Saeed. Meanwhile, the nature of the research approach is descriptive-analytic. The results of the study conclude that the interpretation of Ibn 'Asyur  regarding al-Ma'idah verse 38 can be categorized as a textual interpretation. This can be seen from his interpretation of the literal meaning of the verse. In addition, Ibn 'Asyur also tends to view the punishment of cutting off hands for thieves to be a deterrent as well as a preventive measure. In contrast to Ibn 'Asyur, Muhammad Syahrur's interpretation of the legal case of cutting off hands for thieves includes contextual interpretation. This can be seen when he understands the verse of cutting off hands for thieves, he gives a meaning that gives space for ijtihad for an area and conditions to enforce punishments that have a deterrent effect, provided that it must not exceed the punishment of cutting off handsas the maximum limit.

2021 ◽  
Vol 8 (3) ◽  
pp. 420
Trini Handayani

Kidney transplant is a complete therapy for people with terminal renal failure. The number of cases of terminal renal failure was not proportional to the available donors. Due to the lack of kidney donors, some people take advantage of this opportunity by commercializing their kidneys. In Indonesia's laws and regulations, it is clear that there is a prohibition on the trafficking of organs and or tissues for transplant purposes. Until now, cases of buying and selling of body organs or tissues have never reached the Court. Therefore, it is necessary to formulate a formulation regulating legal protection for all parties concerned. This article aims to analyze the criminal law's functionalization against the trafficking of kidneys for transplant purposes. The research was carried out with a normative juridical approach in a formulated policy structure, namely reviewing and analyzing regulations both in the Criminal Code including the draft criminal law 2005 as an ius constituendum and outside the Criminal Code, specifically regarding the regulation of trade in organs or tissues for transplant purposes. The result of this research is the functionalization of criminal law in the implementation of kidney trade to benefit transplants. Criminal law enforcement is to make criminal law functioned by legally processing the facts of organ trafficking in the field. This repressive action is intended to create a deterrent effect and is a long-term preventive measure so that it is hoped that there will be no more cases of trafficking in organs in the future. It is necessary to understand that the threat of punishment must remain an ultimum remedium, and is enforced if social control is not yet effective.

Webology ◽  
2021 ◽  
Vol 18 (2) ◽  
pp. 68-87
Priyam budi ◽  
Henry Dianto Pardamean Sinaga

Data, reports, and information show that cryptocurrency has supported certain parties as a convenience, whereas the purpose of cryptocurrency is to minimize the weaknesses of conventional money systems in international relations in the current era of globalization. Countries that cannot represent or apply autonomous law in facing cryptocurrency challenges, because it is feared it is increasingly difficult to overcome global cryptocurrency crime. It is precisely in eradicating cryptocurrency crime, law enforcement authorities, priorities of prosecutors who have the highest supremacy in the field of prosecution and other discretion in law enforcement must be dynamic in law enforcement against facilitators from responses to social needs and aspirations, in accordance with legal considerations must acknowledge the wishes of the community and agree in achieving substantive justice. Considering that virtual currency has been banned in Indonesia but crypto-asset trading on the futures exchange has been in force, responsive discretionary prosecutions are needed in combating cryptocurrency crime in Indonesia. Liability that exceeds liability based on faults, namely strict liability, vicarious liability, and secondary liability to any parties that cause cryptocurrency crime can be applied to the mechanism of "follow the money" and "trace the information and communication technologies (ICTs) footprint". It is hoped that prosecution discretion by the prosecutor can reach to the monitoring of suspicious "nodes" and monitoring the registration of ICTs that are vulnerable to cryptocurrency crimes, such as laptops, cellphones, computers, and SIM cards, in providing a deterrent effect to the perpetrators of cryptocurrency crime.

2021 ◽  
Vol 3 (2) ◽  
pp. 72-76
Ni Putu Yunika Sulistyawati ◽  
Sang Ayu Made Ary Kusumawardhani

The purpose of this research is to find out the Prevention and Countermeasure of Wild levies on behalf of indigenous village. The type of research used in this research is empirical research. Empirical research is research that examines and analyzes the legal workers in society (law in action) the main data used is data sourced from the Prevention and Countermeasure of wild levies on behalf of indigenous village.                 The results indicate that the prevention and countermeasures of Wild levies on behalf of Indigenous Villages. The goals of community welfare and community protection, prevention and countermeasures of crime must be carried out with integral of the means of reasoning penal and non-penal. Viewed from the political point of the most strategic policy law through preventive, preventive and countermeasures of crime by means of reasoning and non-precision whose functionalization or operationalization through several stages, namely, the legislative policy stage, the judicial policy stage and the executive policy stage. Repressive efforts are a last resort in overcoming illegal levies efforts made to suppress the magnitude of the number of Hungarian criminal acts in order to have a deterrent effect and fear for perpetrators or communities who are later in wanting to commit criminal offenses will undo the intentions of the repressive legal remedies.

2021 ◽  
Hans B Christensen ◽  
Mark G Maffett ◽  
Thomas Rauter

We show that a mid-2000s increase in extraterritorial enforcement of the US Foreign Corrupt Practices Act (FCPA), characterized by greater international regulatory cooperation and more frequent use of the FCPA’s accounting provisions, has a significant deterrent effect on foreign direct investment in high-corruption-risk countries. The decrease in investment is at least as large for non-US as for US firms, suggesting that widespread extraterritorial enforcement helps to create a level foreign-investment playing field. Firms under US jurisdiction with fundamental characteristics that make it more difficult to maintain effective internal controls invest less in high-corruption-risk countries after the FCPA enforcement increase, suggesting regulatory compliance costs play a role in deterring investment. Consistent with investments in accounting systems being one way firms limit enforcement risk when investing in high-corruption-risk countries, firms pursuing new investments spend more time evaluating potential targets and firms with existing investments report fewer restatements related to unintentional errors.

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