«Blasphemy» in Contemporary Art Exhibitions in Russia, or Why Art Offends

ABSTRACTThis article analyses the configurations of belief, critique, and religious freedom in Russia since the performance of the Russian group Pussy Riot in 2012. The ‘punk prayer’ and its legal and political aftermath are interpreted as an incidence of the contestation of the boundary between the secular and the religious in the Russian legal and social sphere. The authors show that the outcome of this contestation has had a decisive impact on the way in which religion, critique, and the human right of religious freedom have been defined in the present Russian context. In response to Pussy Riot, the Russian legislator turned offending religious feelings into a crime. The article investigates two more recent cases where offended feelings of believers were involved, the opera “Tannhäuser” in Ekaterinburg in 2015 and the movie Matilda in 2017, and analyses how the initial power-conforming configuration that emerged as a reply to the ‘punk prayer’ has revealed a ‘power-disturbing’ potential as conservative Orthodox groups have started to challenge the authority of the State and the Church leadership. The article is based on primary sources from Russian debates surrounding Pussy Riot, Matilda, and “Tannhäuser” and on theoretical literature on the religious–secular boundary and human rights.

Background. The revision of the Criminal Procedure Code (KUHAP) contained in Law Number 1 of 2023 has brought significant changes to the Indonesian criminal justice system. However, several articles in the new Criminal Code have attracted controversy because they are seen as potentially threatening human rights principles and weakening law enforcement accountability. Purpose. This article critically analyzes the controversial articles in the new Criminal Code, particularly those related to the authority to arrest, detain, wiretap, and protect law enforcement. Method. Through a normative and comparative juridical approach, this study finds that several provisions in the new Criminal Procedure Code have the potential to violate the principles of due process of law, presumption of innocence, and the right to fair trial guaranteed in the constitution and international legal instruments. Conclusion. This article recommends the need for strict oversight in the implementation of the new Criminal Procedure Code, as well as revisions to problematic articles to ensure a balance between the effectiveness of law enforcement and the protection of human rights.

Online gambling is one of the negative impacts in the form of cybercrimes, which can be considered a cybercrime. Cybercrimes, especially online gambling, must be prevented or eradicated. Law enforcement efforts are needed to prevent and eradicate these crimes so that they are not increasingly rampant. Therefore, further research will be conducted on how online gambling criminal acts are regulated based on Indonesian laws and regulations, and how law enforcement against online gambling criminal actors is based on the theory of justice. The research method used in this research is the normative juridical research method. From the research results, it was found that the regulation of online gambling criminal acts based on Indonesian laws and regulations, conventional gambling in Indonesia has the potential to cause social and financial risks for players and the surrounding community. Basically, online gambling is a prohibited act in Article 27 paragraph (2) of Law 1/2024. referring to gambling provisions in terms of offering or providing opportunities for gambling games, making it a livelihood, offering or providing opportunities to the public to gamble, and participating in companies for that purpose. Then, people who violate the provisions of Article 27 paragraph (2) of Law 1/2024 are potentially sentenced to a maximum of 10 years in prison and/or a maximum fine of Rp10 billion, as regulated in Article 45 paragraph (3) of Law 1/2024. Article on Gambling in the Criminal Code, For information, in addition to being regulated in Law 1/2024, gambling crimes are also regulated in Article 303 and Article 303 bis of the Criminal Code and Article 426 and Article 427 1/2023 concerning the new Criminal Code and law enforcement against online gambling criminal actors based on the theory of justice, law enforcement against online gambling crimes based on the theory of justice will produce effective and fair law enforcement, and pay attention to the balance between strict law enforcement and respect for human dignity. From the research results for improvement, it is hoped that a new law will be made regarding online gambling crimes in the Criminal Code, laws and regulations, government regulations, Minister of Law and Human Rights regulations, and law enforcement against online gambling criminal actors must be firm and fair in the form of criminal sanctions while still paying attention to human rights.

The discussion on the Indonesian Criminal Code continues and cannot be separated from criticism by various parties. One of the arrangements that has received criticism is regarding living law in society (living law). On the one hand, this regulation emphasizes the existence of living law which is the character of the multi-cultural Indonesian nation. On the other hand, this arrangement is considered to have no legal certainty. This research examines in depth how the urgency of setting living law in the Indonesian criminal law code, as well as examines the existence of this living law in the perspective of progressive law. The research was designed with a normative juridical method. The approach used is a statutory approach and a conceptual approach. The results of the study show that living law arrangements in the criminal law code are very important to provide legal certainty for the existence of indigenous and tribal peoples in Indonesia. Living law arrangements are also in line with the spirit of progressive law enforcement. For law enforcers, especially judges, this arrangement reinforces the provisions of Article 5 paragraph 1 which requires judges to explore, follow and understand legal values and a sense of justice that lives in society.Keywords: Living Law, Progressive Law, Criminal Code

The article provides an overview of the academic conference “The Vyg Сommunity. The Artistic Heritage of the Pomor’e Old Believers,” which was held at the State Hermitage Museum in St. Petersburg on March 12-13, 2024. This conference was a joint project of the two largest Russian museums — the State Hermitage Museum (St. Petersburg) and the State Historical Museum (Moscow). The conference became a significant event in Russian museum and academic life. Its program included 34 presentations by museum professionals and members of academic institutions from Moscow, St. Petersburg, Petrozavodsk, Novosibirsk, Yekaterinburg, and Novgorod. The topics of the presentations covered almost all aspects of Vyg culture — book writing and the Vyg literary school, icon painting and copper casting, large-size color paintings on paper and free brush paintings. The conference showed that the artistic heritage of the Vyg Old Believer community continues to attract the interest of the academic community. Scholars identify new sources and make them available for scholarly research. Moreover, they study general questions related to this Old Believer heritage.

The Stroganov family collection of art, the greater part of which entered the Hermitage after the October Revolution, is known both for its diversity and high artistic level. Among its items there are objects acquired by Count Sergei Grigorievich, who was considered to be an expert in Classical antiquity as well as in other ancient works of art. “Antiques” from his collection are now held by the Department of Greek and Roman Antiquities at the State Hermitage Museum, and are well known to specialists.The Stroganov family collection of art, the greater part of which entered the Hermitage after the October Revolution, is known both for its diversity and high artistic level. Among its items there are objects acquired by Count Sergei Grigorievich, who was considered to be an expert in Classical antiquity as well as in other ancient works of art. “Antiques” from his collection are now held by the Department of Greek and Roman Antiquities at the State Hermitage Museum, and are well known to specialists.In the article, based on visual sources, an attempt is made to recreate the Count’s personality as a collector and understand his artistic preferences. The authors particularly rely upon the photographs of the interiors at the Stroganov Palace, taken by I. K. Bianchi in 1865, and currently kept in the photographic collection of the Department of the History of Russian Culture at the State Hermitage Museum. The authors also draw attention to Count’s photographic collections of which little is known in comparison with other objects from the Stroganov collection.

On 17 August 2012, three members of the female activist collective ‘Pussy Riot’, Nadezhda Tolokonnikova, Maria Alyokhina, and Yekaterina Samutsevich, were found guilty of “hooliganism on the basis of religious hatred” under paragraph 213, part 2 of the Russian Criminal Code. They were each sentenced for two years in prison camps; Samutsevich was later released on probation. The defendants were judged for a performance they staged at the Cathedral of Christ the Savior on 21 February 2012.

<span>The legality principle is an important principle in the enforcement of penal law </span><span lang="IN">in addition to</span><span> the culpability principle. These two principles are a requirement that must be fulfilled by the person to be penalized. However, law enforcement officers in the Criminal Justice System often only pay attention to the formulation of the legality principle in Article 1 (1) of the Criminal Code (KUHP)</span><span lang="IN"> than the other principle that is culpability principle. </span><span>So that court decisions often do not reflect a sense of justice. This is due to the interpretation of the legality principle contained in Article 1 paragraph (1) of the Criminal Code (KUHP) as </span><span lang="IN">“</span><span>lex scripta</span><span lang="IN">”</span><span>, </span><span lang="IN">“</span><span>lex stricta</span><span lang="IN">”</span><span> and </span><span lang="IN">“</span><span>lex certa</span><span lang="IN">”</span><span> and </span><span lang="IN">also the unformulated </span><span>culpability principle in the Criminal Code (KUHP). Therefore, it is necessary to reconstruct the meaning of the legality principle so that it is not only understood formally, but </span><span lang="IN">materially by regarding </span><span>the living la</span><span lang="IN">w</span><span> referred to Pancasila as </span><span lang="IN">a </span><span>ground</span><span>norm and constitution of the UUD 1945, the legality principle is not interpreted </span><span lang="IN">as a</span><span> certainty of law </span><span lang="IN">but </span><span>interpreted as the principle of legal certainty. The law is not</span><span lang="IN"> only</span><span> interpreted </span><span lang="IN">as</span><span> a written law, but also an unwritten law, so it is expected to bring about a court decision in accordance with the sense of justice</span><span lang="IN">.</span><span>In law enforcement </span><span lang="IN">“</span><span>in abstracto</span><span lang="IN">”</span><span> implemented through formulation policy by penal reform in the formulation of a New Criminal Code (New KUHP), the principle of legality has been interpreted in material term that states that the source of law used by the Criminal Code is written law (Article 1) and unwritten law/ the living law (Article 2), also the culpability principle has been formulated explicitly (Article 38</span><span lang="IN">)</span><span>. Based </span><span lang="IN">“</span><span>in abstracto</span><span lang="IN">”</span><span> law enforcement is expected to be implemented </span><span lang="IN">“</span><span>in inconcreto</span><span lang="IN">” </span><span>law enforcement so as to realize court decision in accordance with the sense of community justice.</span>

This research investigates significant changes in the criminal law approach to disputes in the civil realm, specifically focusing on the justification for excluding certain criminal acts under the new Criminal Code. This shift reflects the evolution of criminal law towards a more equitable and human rights-oriented system of law enforcement. The main objective of this research is to analyze the implications and changes introduced by the new Criminal Code concerning the recognition of civil disputes as a justification for eliminating criminal acts. Additionally, the research aims to understand the impact of these changes on criminal law practice and their effect on justice within the legal system. This study employs normative legal research methods, involving the analysis of laws, legal regulations, court decisions, and relevant legal literature. A qualitative approach is used to examine and understand the changes in the new Criminal Code and their practical implications for criminal law enforcement. The findings indicate that the new Criminal Code provides greater recognition of civil disputes as a valid justification for eliminating criminal liability. This change reflects efforts to create a criminal law system that is more inclusive and sensitive to ethical values, morality, and justice. In practice, this shift alters the approach to law enforcement in cases involving civil disputes, aligning the criminal law system more closely with principles of fairness and human rights.

This study aims to analyze the legal regulation and law enforcement against the crime of absenteeism without permission (THTI) carried out by TNI soldiers at the Medan Military Court, as well as the relationship between the Military Criminal Code (KUHPM) and the Criminal Code (KUHP). The research methods used are normative juridical and empirical juridical, with legislative, case, and conceptual approaches, as well as data collection through document studies and interviews. The results of the study show that legal arrangements related to THTI have been comprehensively regulated in Article 87 of the Criminal Code, with sanctions aimed at maintaining military discipline. Law enforcement against the THTI case at the Medan Military Court is carried out through the stages of investigation, investigation, prosecution, and execution of the verdict. The relationship between the Criminal Code and the Criminal Code reflects the principle of lex specialis derogat legi generali, where the Criminal Code is prioritized for TNI soldiers. However, there are challenges in determining jurisdiction in cases involving civil society, so coordination between military courts and general courts is needed. This study recommends increasing the socialization of the rule of law to soldiers, strengthening the capacity of military legal officers, and moral development to prevent THTI violations. With this step, it is hoped that the handling of THTI cases can run more effectively and fairly in accordance with the principles of military law and general criminal law.

Law enforcement carried out by law enforcement officials in the criminal justice system is one of the efforts that can protect the community from various forms of criminal acts that violate protect the public from various forms of criminal acts that violate the provisions of the regulations that have been made. Related to law enforcement against the perpetrators of plantation land clearing by burning which often occurs in Indonesia, especially Riau Province, then the police have a very important role in terms of enforcing the law so as to create equitable law enforcement. The results of research on Environmental Law Enforcement in relation to with Criminal Law, namely related to Legal Substance in Article 69 paragraph (1) letter H of Law Number 32 of 2009 concerning Protection and Management of the Environment regarding the prohibition of land clearing. Management of the Environment regarding the prohibition of land clearing by burning and actions against the perpetrators to enforce the law. And Environmental law enforcement in Indonesia is affected by 3 (three) aspects, namely Legal Products, Legal Systems and Political Risks that are always changing changes. The conclusion of law enforcement is not allowed to burn land for any reason, especially for plantation land, be it individual or corporate plantations. Individual or corporate plantation land, the legal basis for this prohibition is found in the Criminal Code. the prohibition is contained in the Criminal Code (KUHP) Article 187, Law No. 41 of 1999 concerning Forestry, Law No. 32 of 2009 concerning Protection and Management of the Environment (UUPPLH), Law number 39 Year 2014 About Plantation.

Early January 2023, the President of the Republic of Indonesia ratified the R-KUHP to become Law Number 1 of 2023 concerning the Criminal Code. The new Criminal Code will be enforced in three years, with the agenda of socializing it to all law enforcement officials, and also to all Indonesian people. This study wants to explore the use of the Criminal Code with the various problems that accompany it, during an independent nation. The enactment of the Criminal Code raises its own problems for Indonesian religious people based on the first precepts of Pancasila and having an eastern culture. The method used in this research is doctrinal research or normative legal research and is supported by empirical legal research. The novelty of this study is an analysis of the problems with the application of the Criminal Code so far to strengthen the enforceability of the new Criminal Code which will be implemented in the next three years. Research results are, the problem with the application of the Criminal Code as a form of material criminal law has an impact on all aspects. First, the aspect of legal education where knowledge about criminal law reform is not beneficial due to the maintenance of the Criminal Code, from the judicial or law enforcement aspect, the Criminal Code also continues to be used and even becomes the basis for considering the general rules of Book I of the Criminal Code, as long as it is not regulated in laws and regulations outside the Criminal Code. The validity of the Criminal Code from the perspective of religious law and customary law has gaps that cause problems, such as the adultery article in the Criminal Code which has different meanings and principles from those stipulated in religious law and customary law. The principle of “no excuse”, which is implied in the Criminal Code, does not reflect the religious and cultural character of the Indonesian people by prioritizing the concept of forgiveness.

This research is motivated by Article 2 paragraph (1) of the new Criminal Code which explains that the law that develops in society is an additional provision after the Criminal Code. This has caused a lot of debate and controversy because the new Criminal Code and customary criminal law have different characteristics. The formulation of the problem in this study is the relevance of values between the new Criminal Code and customary criminal law and how legal certainty is in the effort to integrate the two laws. This research uses normative juridical and legal approaches. The research was carried out by studying the literature on laws and regulations as primary legal materials equipped with journals and books as secondary legal materials. This study produces a concrete comparison between the values contained in the new Criminal Code and the values in customary criminal law which are contradictory. Another result of this study is the explanation of legal certainty in the integration of the new Criminal Code and customary criminal law where legal certainty is not found in the unification effort. With these problems, mediation between the community and law enforcement has emerged tocreate national unity and form rules based on the culture of the Indonesian people.

Criminal liability for the determination of suspects in the abuse of duck theft which is proven through video recordings that have been sent many times to the victim's family so that this is seen from the aspect of Article 184 of the Criminal Procedure Code and the aspect of Law Number 19 of 2016 concerning Electronic Transaction Information (ITE) so that the video recording evidence used as evidence by the Labuhanbatu Police investigators fulfills the elements to determine a suspect for the perpetrator without taking expert testimony and conducting a forensic test on the video recording obtained via WhatsApp as social media so that law enforcement against perpetrators of acts of violence and abuse that meet the elements of the crime that has been processed is seen to be irregular with the provisions of the applicable law in law enforcement so that the perpetrator must be held accountable for his actions through evidence of video recordings obtained through social media to determine the perpetrators as suspects, even though legal norms clearly function as guidelines for legal relations in community and state life. However, in reality, law enforcement against vigilante actions that meet the elements of Article 170 or Article 351 of the Criminal Code by Labuhanbatu Police investigators fulfilling the elements to determine the suspect for the perpetrator without taking expert testimony and conducting a forensic test on the video recording obtained through WhatsApp as social media so that law enforcement against perpetrators of acts of violence and abuse that meet the elements of a crime that has been processed is seen to be irregular with the provisions of the applicable law in law enforcement so that the perpetrator must be held accountable for his actions through evidence of video recordings obtained through social media to determine the perpetrators as suspects, even though legal norms clearly function as guidelines for legal relations in community and state life. However, in reality, law enforcement against vigilante actions that meet the elements of Article 170 or Article 351 of the Criminal Code by investigators from the Labuhanbatu Police for duck theft does not reflect the law enforcement expected for the perpetrators who force the perpetrators to be determined as suspects to be held accountable for their actions. This researcher uses the Normative Juridical research method using primary data and secondary data with the interview method as supporting data with related agencies by drawing deductive conclusions. The results of the study explain that (1) Law enforcement against vigilante actions that meet the elements of Article 170 of the Criminal Code concerning violence or Article 351 of the Criminal Code concerning abuse must be processed in accordance with applicable legal regulations in order to create law enforcement and legal certainty and justice for the victim. (2) The legal consequences of vigilante actions have resulted in the law not running properly but must be applied in accordance with the applicable legal mechanism for the investigation process so that when determining suspects for perpetrators it can be more effective so that there needs to be an increase in legal awareness in society so that society understands its rights and obligations, and law enforcement officers must improve the performance of law enforcement so that the law enforcement desired by society can be realized. (3) Criminal responsibility for the perpetrators of the duck theft assault has been determined as suspects by investigators from the Labuhanbatu Police, although in the end peace was made between the victim and the suspects as a form of responsibility for the perpetrators taking the law into their own hands for the duck theft carried out by the victim, although the victim will still be processed through the applicable law for his actions

The author points out the peculiarities of the reform of the criminal legislation of Mongolia. In July 2017 it is planned the adoption of the new Criminal Code of Mongolia, in this regard, it is interesting to observe what are the trends of changes in the Institute of criminal sanctions of neighboring state, considering that the Russian Criminal Code in recent years is also subject to frequent changes and additions. Mongolia borders to Russia from the South-East and its history, culture, politics are closely intertwined with the population of such regionsof the Russian Federation as Buryatia, Irkutsk oblast, Tuva, ZabaykalskyKrai, so it is always interesting to observe the changes taking place there. It should be noted that in Europe the rejection of the cruelty of execution and application of penalties has fallen to XIX century, whereas the national legislation of Mongolia is changing in the humanistic direction in recent years. Due to the similarity of legal systems of Russia and Mongolia, it should be paid a particular attention to the reforming features of the national legislation of the neighboring border states, including in search of the most effective means of combating crime. Changes and improvements of the criminal legislation of Mongolia, including the penal system, in the author’s opinion, will provide food for thought and certain experience for the Russian legislator and law enforcers. In particular, the arrestas a form of criminal punishment which is not being performed in Russia so far since the present Criminal Code had entered into force, following the example of Mongolian colleagues, can simply be excluded from the list of punishments, it is enough to change the lower limit of imprisonment from 2 months, for example, up to 10 days.