Application Of Criminal Sanctions Research Articles

Application Of Criminal Sanctions Against Corporations As Subjects Law On Burning Forest Which Cause Damage Environment

Application Of Criminal Sanctions Against Corporations As Subjects Law On Burning Forest Which Cause Damage Environment

A New Paradigm in the Application of Criminal Sanctions Against Corruption (Legal and Political Studies to Find Effective Criminal Sanctions for Corruption Eradication in Indonesia, Especially about the Application of Death Penalty)

Purpose: Corruption remains pervasive in Indonesia, damaging the nation's finances and economy while infringing on the economic and social rights of the community. This study aims to explore efficient criminal sanctions to eradicate corruption in Indonesia, particularly focusing on the application of the death penalty. Theoretical Framework: This study employs normative legal research and secondary information based on literature to analyze the application of criminal sanctions for acts of corruption. Method: The research utilizes a data analysis technique involving problem identification, data gathering, data reduction, conclusion formulation, and verification. Result and Discussion: The study concludes that emphasizing the law's provisions is crucial for applying the death penalty to corruption cases. This has led to the Constitutional Court amending Articles 603 and 604 of the Criminal Code to include the threat of the death penalty. However, there is a debate among law enforcement officials regarding the violation of human rights (HAM) that could occur with the implementation of the death penalty. Therefore, revisions to the Criminal Code's articles are proposed to facilitate the death penalty's implementation, considering the quality and quantity of corrupt individuals. Conclusion: The anticipated outcome is that authorities will use the death penalty as a symbol of their commitment to combatting worsening corruption annually in Indonesia.

The Legal Implications of Such Measures on Administrative Sanctions in the Telecommunications Sector After the Enactment of the Job Creation Law

The aim of this research is to determine and analyze the legal implications of changes in administrative sanctions in the telecommunications sector after Law no. 6 of 2023 concerning Stipulation of Government Regulations in Lieu of Law no. 2 of 2022 concerning Job Creation. This research uses legal research methods with a statutory and conceptual approach. The research results show that the legal implications of changes in administrative sanctions in the telecommunications sector after Law no. 6 of 2023 concerning Stipulation of Government Regulations in Lieu of Law no. 2 of 2022 concerning Job Creation, namely First, prioritizing administrative sanctions over the application of criminal sanctions. The application of criminal sanctions within the scope of the Director General of SDPPI Communications and Information from 2022 to 2023, namely after the Job Creation Law, shows the application of administrative sanctions to all actions. Second, the addition of administrative sanctions provisions creates legal uncertainty.

Penerapan Sanksi Pidana terhadap Kejahatan Siber: Sebuah Kajian terhadap Perkembangan Hukum

Cybercrime has become a serious challenge in the digital age, requiring a dynamic legal approach to respond to this threat. This study aims to investigate legal developments in the application of criminal sanctions against cybercrimes. Through a critical analysis of various cases and regulatory developments, this study will explore the effectiveness of criminal sanctions applied in tackling cybercrime. This research method includes comparative law analysis, case studies, and interviews with criminal law experts. Research findings will include the evolution of the concept of cybercrime, the legal challenges faced in enforcing criminal sanctions, and the impact of the application of criminal law on cybersecurity levels The results of this study are expected to provide in-depth insight into the progress of criminal law in responding to cybercrime, as well as provide a basis for further improvement and development in the relevant legal framework. The practical implications of this research are expected to help authorities, legal professionals, and academics in understanding the dynamics of criminal law related to cybercrime, so as to formulate policies that are more effective and responsive to evolving cybersecurity threats.

Analisis Yuridis Putusan Hakim Terhadap Tindak Pidana Pencurian Dengan Pemberatan Yang Dilakukan Oleh Anak (Studi Kasus Putusan Nomor : 2/Pid.Sus-Anak/2022/PN.Brb)

Various criminal acts that occur in people's lives, one of which is the crime of theft which has recently been widespread and has increased in the mass media reports and electronic media. The crime of theft is really very disturbing security, order, welfare and greatly causes material and immaterial losses to the community. Therefore, it is necessary to immediately anticipate and deal with it by responding quickly and appropriately to its resolution through the applicable legal mechanism, by punishing the perpetrator/suspect with a sufficiently aggravated criminal threat, so that the crime of theft in question can be suppressed and minimized. In the court examination process in the application of criminal sanctions against the crime of theft in a burdensome situation by a child based on case Number 2/Pid.Sus-Anak/2022/PN. Brb, the problems were; a. What is the basis for the judge's legal considerations in passing a criminal decision against the crime of theft in a burdensome situation by a child and b. How is the content/order of the judge's decision against the crime of theft in a burdensome situation by a child. To answer the problem formulation listed above, the theory of sentencing, the theory of judges' legal considerations and the theory of law enforcement are used. This research is normative juridical and empirical juridical research. The type of data included primary and secondary law materials. Technique of collecting legal sources used was library study/document study on literature, legislation, and document, and also interview. From the results of the study, reflected in the basis of the judge's legal considerations in passing a criminal decision against the crime of theft in a burdensome situation by a child firearms against the defendant, with the decision to sentence the defendant to 4 (four) months, based on the decision of the case Number 2/Pid.Sus-Anak/2022/ PN.Brb. Whereas in Article 363 paragraph (2) of the Criminal Code which is violated the maximum penalty is 9 (nine) years. So it is felt that the application of the criminal decision is still very light and not optimal. The suggestion put forward is that the maximum sanctions should be given specifically to children who have repeatedly committed similar crimes as long as they are in accordance with the applicable legal provisions.

Application of Criminal Sanctions Against Indonesian National Army Soldiers Perpetrators of the Crime of Desertion

Soldiers of the Indonesian National Army (abbreviated as TNI) have been specially prepared to guard, protect and defend the security and sovereignty of the Unitary State of the Republic of Indonesia (NKRI). In carrying out their duties, TNI members are limited by military laws and regulations, so that all actions they carry out must be based on applicable laws and regulations. In order to guarantee and support the implementation of the TNI's important roles and tasks, special regulations have been made that apply to TNI members, in addition to general regulations. In carrying out their duties and obligations towards the state, a member of the TNI is not immune from legal problems, for example there are members of the TNI who commit a crime, namely the crime of desertion. Dissertation is an act of withdrawing from carrying out TNI service obligations as regulated in Article 87 of the Military Criminal Code (KUHPM). The application of criminal sanctions in the criminal act of desertion committed by TNI soldiers intentionally in peacetime longer than 30 (thirty) days, then they can be sentenced as regulated in Article 87 paragraph (1) 2nd j uncto paragraph (2) KUHPM with a maximum threat of imprisonment of 2 (two) years and 8 (eight) months.

PENEGAKAN HUKUM LINGKUNGAN DALAM MEWUJUDKAN PEMBANGUNAN BERKELANJUTAN

This article delves into the crucial significance of protecting the environment against damage and the legal enforcement concepts, both civil and criminal, against environmental offenders. The research employs a juridical-normative approach, utilizing legislative regulations. The findings of the study indicate that the importance of safeguarding the environment against damage is manifested in endeavors to realize human health, economic aspects, global climate stability, and global responsibility. In sustainable development, environmental protection is considered a foundation for achieving these goals. Awareness of the close relationship between law and sustainable development is pivotal for success. The concept of legal enforcement comprises two main perspectives: civil law and criminal law. Civil law emphasizes the responsibility for compensation and absolute liability, while criminal law involves processes of investigation, prosecution, and the implementation of judicial decisions. Criminal sanctions can be applied at the individual or corporate level, emphasizing deterrence effects and corporate responsibility. In conclusion, to enhance environmental law enforcement, the government needs to intensify surveillance and the application of criminal sanctions. Effective coordination among relevant institutions, such as sectoral authorities, in permitting and environmental monitoring is crucial. Active community involvement in reporting environmental violations and supporting conservation policies is highly essential.

JURIDICAL ANALYSIS OF THE CRIME OF MALTREATMENT RESULTING IN SERIOUS INJURY

Persecution is a crime committed by intentionally damaging the health of another person resulting in injury or pain to a person's body, this persecution is also usually carried out because of a grudge or feeling humiliated by others persecution. the problem of persecution and the Judges' Legal Considerations in imposing crimes against perpetrators of persecution in the Manokwari District Court Decision No. 149/Pid.B.2021.PN.MNK. The purpose of this research is to find out the provisions referred to in the crime of maltreatment of serious injury and to find out the application of criminal sanctions against victims of maltreatment causing serious injury with case number 149/Pid.B.2021.PN.MNK). The method of analysis and the data obtained are analyzed qualitatively, namely the analysis carried out by understanding and assembling legal materials related to the problems that have been collected descriptively so that an overview of the problem under study can be obtained, then the legal material is presented systematically and then legal interpretation is carried out.

Implementation of Criminal Sanctions Policy in Efforts to Prevent and Handle the Crime of Human Trafficking (TPPO) Based on the Theory of Justice

The crime of trafficking in persons is considered a new crime in the legal system in Indonesia even though the act of trafficking in persons has been occurring in Indonesia for a long time. This research uses empirical juridical legal research methods, namely legal research regarding the enactment or implementation of normative legal provisions in action at each specific legal event that occurs in society. This research aims to determine criminal sanctions to prevent criminal acts of human trafficking (TTPO), current efforts to prevent and handle criminal acts of human trafficking (TTPO) as well as the implementation of criminal sanctions policies in efforts to prevent criminal acts of human trafficking (TTPO). The results of this research state that Law Number 21 of 2007 concerning the Crime of Human Trafficking is the legal umbrella in this case. In this case, it is known that the formulation of the criminal sanction policy for the crime of trafficking in persons which will be included in the National Criminal Code Bill must be much better than the formulation of the crime of trafficking in persons in positive law. The application of criminal sanctions in efforts to prevent criminal acts of human trafficking (TTPO) is based on the theory of justice stated thar justice can change but the essence of justice always exists in human life and social life.

Study on the Reconstruction of the Concept of Criminal Sanctions in the Juvenile Justice System

Objective: This research examines the reconstruction of the concept of criminal sanctions in the juvenile justice system with a focus on rehabilitative approaches and protecting children's rights. Theoretical framework: International scientific reports, articles, and publications served as the basis for the theoretical contents. Additionally, actual materials from criminal cases were used to explain the issue under investigation in a more thorough and objective manner. Method: Used to analyze the experiences, views, perceptions, and social context involved in the research subjects. This research involved interviews with legal practitioners, judges, social workers, and individuals related to juvenile justice cases, as well as collecting data from legal documents such as court decisions and related legislation. The data collection process begins with the selection of key informants who have knowledge and experience in the juvenile justice system. Results and conclusion: The research findings indicate that traditional criminal sanctions are less effective in changing children's behavior and may exacerbate their situation. Therefore, the recommendation is to change the concept of criminal sanctions in the juvenile justice system to prioritize rehabilitative, educational and social reintegration approaches. The need to respect children's rights, the principles of restorative justice, and community protection are also stressed. Comparison with the adult justice system shows that the juvenile justice system is more focused on rehabilitation and education. In conclusion, the concept of criminal sanctions in the juvenile justice system has a major impact on the effectiveness of the rehabilitation of juvenile offenders and the protection of their rights, with the importance of prioritizing rehabilitative approaches and children's rights in the application of criminal sanctions. Originality/value: The juvenile justice system is an important aspect of the legal system which aims to protect, educate and rehabilitate children involved in criminal acts. The concept of criminal sanctions in the context of juvenile justice has a very crucial role in achieving these goals. Children as a vulnerable group require a different legal approach to adults, considering their limitations in terms of experience, cognitive capacity, and physical and emotional development. In dealing with the complexity of juvenile crimes, it is necessary to adopt an approach that is more educational and supportive of children's development, rather than merely punishing.

Legal Sanctions Against Perpetrators of People/Exit Smuggling Crimes Indonesia Region (Study of Court Decision Number 550/Pid.Sus/2020/PN Bks)

The crime of people smuggling is a phenomenon that often occurs, where someone secretly brings in or out both people and goods from within the country with a certain background. Smuggling is a term that is usually intended for people or groups, for profit, to move people illegally against the law to cross the borders of a country. The research method that the writer uses is a normative juridical method, namely analyzing the relationship between the applicable laws and regulations with legal theories and the practice of implementing positive law concerning the issues discussed. Based on the results of the research, the authors conclude that the application of criminal sanctions against the perpetrators of the crime of smuggling people/people outside the territory of Indonesia, refers to the provisions of Article 120 paragraph (1) of Law Number 6 of 2011 concerning Immigration, as the decision of the Bekasi District Court the judge refers to Article 120 paragraph (1) of Law Number 6 of 2011 concerning Immigration so that the defendant was sentenced to imprisonment for 7 (seven) years and a fine of Rp. 1,000,000,000.- (one billion rupiah) subsidiary 3 (three) months in prison.

PERLINDUNGAN PEREMPUAN PADA PENERAPAN SANKSI PIDANA HUKUM KELUARGA DALAM ADMINISTRATION OF MUSLIM LAW ACT 1966 SINGAPURA

This article discusses the protection of women based on the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) in the application of criminal sanctions under the Administration of Muslim Law Act 1966 (AMLA) in Singapore. The research aims to analyze to what extent criminal sanctions in Islamic family law in Singapore have met the standards of women's protection set forth by CEDAW. This study employs a literature review approach using a gender justice perspective on women's protection as defined by CEDAW. The research findings indicate that the implementation of criminal sanctions under AMLA represents a significant step in safeguarding women. The criminal sanctions applied within AMLA provide legal assurance for women who experience violations within the context of family law, such as domestic violence, unlawful marriages, or the neglect of women's rights in divorce.

ANALISIS PERTANGGUNGJAWABAN TERHADAP PELAKU TINDAK PIDANA KEMIGRASIAN TIDAK DAPAT MENUNJUKKAN DOKUMEN PERJALANAN DI INDONESIA

Immigration crimes are acts of deviation and violations in the immigration sector where these deviations and violations in the immigration sector can be prosecuted through immigration action or through the judicial process. One form of criminal violation in the immigration sector as mentioned above is the crime of misuse of a residence permit without being able to show travel documents in Indonesia. The results of the research are the factors that cause the immigration crime of not being able to show travel documents/residence permits in Indonesia, including legal substance factors, legal structure factors, and legal culture factors. Law enforcement efforts carried out by the TPI Bandar Lampung Class I Immigration Office against perpetrators of immigration crimes who cannot show travel documents/residence permits in Indonesia can be carried out through Immigration Administrative Actions (actions without the application of criminal sanctions) and Pro Justiciary Actions (judicial processes). The responsibility for perpetrators of migration crimes who cannot show travel documents in Indonesia is in accordance with Decision Number: 05/PID.R/2018/PN.Tjk, namely that the perpetrator must be held accountable for his actions because he cannot show travel documents with a fine of Rp. 1,000,000,- (one million rupiah), subidair imprisonment for 7 (seven) days. The advice given is that it is necessary to increase the number of Immigration PPNS to monitor the presence of foreigners in Lampung Province and increase public legal awareness regarding indications of residence permit violations committed by foreign nationals in the Lampung Province area.

Penegakan Hukum Pidana terhadap Penjualan Bahan Bakar Minyak Eceran secara Ilegal

The limited number of fuel filling stations (SPBU), the distance traveled and the time needed to get to the gas station, emergencies requiring fuel, plus wishes. Some people who prioritize time effectiveness and practicality are the reasons some people are reluctant to queue at gas stations. This then becomes a lucrative business opportunity and becomes additional income for some people to sell retail fuel using used plastic bottles which are sold on the side of the road. The types of retail fuel that are traded include Premium, Solar, Pertalite, to Pertamax. Basically, retail oil business activities, if you do not have a business license, can be punished according to the provisions of Article 53 of Law Number 22 of 2001 concerning Oil and Gas Earth. This type of legal research is normative legal research. The nature of the research in this study is analytical descriptive in nature. The type of data used in this research is library research. Judging from the legal factor, Law Number 22 of 2001 concerning Oil and Gas and its implementing regulations have correctly stipulated the rules for the legal distribution of fuel; law enforcement factors, namely the police are not running optimally because until now there has been no report regarding the illegality of retail fuel sales; the factor of facilities or facilities that support law enforcement is not running as it should because the law enforcement process that was initiated by complaints and reports related to the illegality of Retail BBM has not occurred; and community factors that prioritize the practicality of obtaining fuel oil (BBM) including corrupt cultural factors between consumers, Pertamini entrepreneurs, and unscrupulous staff at Fuel Filling Stations (SPBU) which also support the existence of illegal Pertamini. The effort to overcome the legality obstacle is the issuance of regulations that open opportunities for the sale of gasoline on a small scale to the general public through Regulation of the Downstream Oil and Gas Regulatory Agency Number 6 of 2015 concerning Distribution of Certain Types of Fuel Oil and Types of Fuel Specially Assigned to Areas where there are no distributors . Efforts to overcome legal awareness are repressive efforts through criminal liability and the application of criminal sanctions that violate the provisions of Article 23 of the Oil and Gas Law.

Juridical Analysis of Sanctions On The Criminal Action Of Narcotics Abuse Goal I According To Law No. 35 Of 2009

Research objectives to find out and analyze; Determination of criminal sanctions against the main perpetrators of class 1 narcotics abuse. Judges' considerations in imposing criminal penalties on class 1 narcotics abuse based on decisions (No2166/pid.sus/2018/PN. Research method; with a descriptive qualitative approach that describes phenomena and incidents in the field at the research location. Data collection techniques: Through field research, library research, and interviews with parties handling cases such as prosecutors, judges, lawyers, and suspects. Conclusion: Application of criminal sanctions against the main perpetrators of class narcotics abuse 1. Application of sanctions to the abuse of narcotics class I committed by Defendant Kurniawan in Decision Number 2166/2018/PN.Tng, the authors conclude that the application of sanctions, in this case, was the wrong target or the wrong person. The Judge's considerations in imposing a criminal offense against narcotics abuse class 1 based on the decision (No 2166/2018/PN.Tng). It is legal and convincing that the decision is correct.

Pertanggung Jawaban Tindak Pidana Lalu Lintas Pada Pn Tanjung Karang

One of the violations that often occur in Indonesia is traffic violations. The traffic crime itself is one of the acts of violation of the laws governing traffic. Violations committted by irresponsible persons can result in traffic accidents. Traffic violations are often herd with the term ticket in Indonesia, namely violations whose scope includes criminal law, consideringthat these actions are prohibited by applicable regulations resulting in the application of criminal sanctions as a form of accountability from the authorities

URGENSI PENEGAKAN TERHADAP PENCEMARAN LINGKUNGAN HIDUP DALAM ASPEK HUKUM PIDANA

So far, academics and practitioners are quite familiar with the term environmental law, which in Indonesian is known as the rule of law. Referring to t he type of government that the state based on law is a general idea or concept that is not related to any particular field of law. Even though the study of why environmental law is needed is very focused on the impact of environmental damage caused by mass ive exploitation in order to fulfill economic development. As a caliph on earth, it is appropriate for humans to protect and care for the earth and everything in it. However, in an effort to improve the quality of life, humans try their best to process and utilize natural resources. Environmental exploitation also involves the private sector on behalf of companies or corporations. The stagnation of law enforcement efforts by prioritizing criminal sanctions has resulted in a feeling of deterrent effect havin g disappeared and the law as if it is not obeyed by the perpetrators of environmental crimes, because this research focuses more on studying environmental criminal law related to the aspect of urgency prioritizing criminal sanctions against perpetrators of environmental crimes life. This study uses a normative research model, research based on analyzing legal principles, norms and all regulations that apply in the legal system in Indonesia related to the environment. This normative research will analyze law s and regulations and to strengthen the results of the research the authors use xample as a reinforcement of research results. The results of this study indicate that the application of criminal sanctions has a high urgency, because criminal sanctions have a deterrent effect.

Application of Criminal Sanctions Against Perpetrators of the Crime of Destruction (Vandalism) at the Long Port Loading and Unloading Workforce Cooperative Office (Decision Study Number: 1199/Pid.B/2021/PN.Tjk)

This type of crime of destruction or vandalism is one of the most common crimes in society, which occurs in almost every region in Indonesia. The problem in this research is how to apply criminal sanctions to the perpetrators of the crime of vandalism at the Cooperative Office for loading and unloading workers at the port of Panjang (Decision Study Number: 1199/Pid.B/2021/PN.Tjk), as well as the judge's considerations in passing a decision on the perpetrators of the crime of vandalism at the Cooperative Office for loading and unloading workers at the Long Port (Decision Study Number: 1199/Pid.B/2021/ PN.Tjk). This research includes qualitative research. Qualitative methods allow researchers to get to know people or individuals firsthand and watch them as they express opinions and draw conclusions. Application of criminal sanctions against perpetrators of criminal acts of destruction (vandalism) at the Long Port Loading and Unloading Workforce Cooperative Office, Defendant AN who is proven guilty where the Defendant has violated and fulfilled the elements in Article 406 paragraph (1) of the Criminal Code accompanied by good legal facts through the testimony of the Defendant, witnesses and evidence available at trial. The application of material criminal sanctions applied by judges based on the elements of Article 406 of the Criminal Code is appropriate and fulfilled. Thus, according to the author, the accused has received a deterrent effect and has not repeated his actions.

Juridical Overview of Misappropriation of Medical Devices Procurement Budget By Hospitals

The existence of corruption in Indonesia is alarming, the increase in corruption cases has brought misery to the community so its existence must be eradicated. The Corruption Eradication Commission as the institution for eradicating corruption in Indonesia must be responsive and participate in supervising every activity related to budgeting for state needs, to ensure the actual realization of budgeting. Based on the Decree of the Head of the Madiun District Health Office Number: 188.45/1464/KPTS/402.102/2011, the judge considered that the actions taken by the defendant fulfilled all the elements of Article 3 of Law Number 31 of 1999 concerning the Eradication of Corruption Crimes in conjunction with Article 55 paragraph ( 1) item 1 of the Criminal Code (KUHP). Even though the Public Prosecutor charged the defendant with Article 2 of Law Number 20 of 2001, the Judge considered that the Public Prosecutor could not prove the "unlawful" element of what the defendant did. Therefore, based on facts and analogies, the Judge judged that Article 3 was appropriate to be applied. The application of criminal sanctions against people as perpetrators of criminal acts of corruption is what has been regulated in Law Number 31 of 1999 in conjunction with Law Number 20 of 2001. However, the formulation of sanctions in several articles in Law Number 20 of 2001 contradicted the general provisions regarding sanctions regulated in the Criminal Code (KUHP).

Criminal Acts Eradication Of Corruption In Corporates In Indonesia

<span lang="EN-US">Crime is a social phenomenon that is always faced by every society in this life. The existence of crime is alarming; it is also considered to disturb order and peace in society. Crime will continue to grow following changes and developments in society. The mode continues to change from the conventional to the modern. One example of a modern crime that we need to anticipate is corruption committed by corporations. Many corporate cases are suspected of having committed a criminal act. However, no legal process has been carried out, such as the case for the construction of the Meikarta megaproject in Bekasi district, the licensing case in Subang district, the case of the construction of the Bandung tempest in the sea of </span><span lang="EN-US">fire in the city of Bandung, the sale of assets at PT Dirgantara Indonesia. As well as the case of social assistance for purchasing drugs for Covid 19 in West Bandung Regency. The identification of the problems in this research is whether corporations can be held criminally responsible when committing corruption crimes, what factors cause corporations to commit corruption crimes and the barriers to law enforcement processing corporations that have committed corruption crimes. The problems in this paper are whether corporations can be held criminally responsible when committing criminal acts of corruption? What factors cause corporations to commit criminal acts of corruption? What obstacles are law enforcement officers encountering in processing corporations that have committed corruption crimes? The research method used in this research is empirical juridical, namely legal research regarding the enforcement or implementation of normative legal provisions in action on every particular legal event in society. The results of the analysis conclude that corporations that commit criminal acts of corruption can be held criminally responsible by the doctrine and Law Number 20 of 2001 concerning amendments to Law Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption Articles 1, 2 and 3 from a formal legal standpoint. Regulated in the Supreme Court Regulation Number 13 of 2016. The factors that cause corporations to commit criminal acts of corruption are the political system, the culture of business actors, the culture of state officials, both executive, legislative and judicial, low legal awareness, intense competition between one corporation with other corporations. Barriers to law enforcement officials in processing corporations that have committed criminal acts of corruption are regarding the application of criminal sanctions against corporations that commit corruption crimes, in addition to corporate responsibility and personal responsibility. If a director is declared a defendant, it is necessary to pay attention to whether the mistake made by the director is a criminal act as a person or a criminal act committed by a corporation and the problem of proof.</span>