Application Of Criminal Sanctions Research Articles

ZAGROŻENIA KORUPCYJNE W RELACJACH MIĘDZY LEKARZEM A PACJENTEM

The article describes the problem of corruption occurring in the relationship between doctor and patient. The doctor-patient relationship, including the provision of health services, is one of several potential areas of corruption in the health care system. Among the reasons for the existence of corruption in these relationships are the need to obtain better healthcare for the patient, and higher earnings in the case of a doctor. Indications of corruption are utilitarian (action for personal advantage without ethical aspects), but may also be (actually or in the patient's opinion) the only way to obtain services and save health and even life. Corruption between the doctor and the patient can be limited by better organization of the health care system, including the financing of benefits and education of medical personnel and patients, as well as traditional legal measures, such as prevention or the application of criminal sanctions.

Konstitusionalitas Norma Sanksi Pidana sebagai Ultimum Remedium dalam Pembentukan Perundang-undangan

Intentionally, criminal sanction was seen as an effective solution for the problem of crimes. On the other hand, criminal sanctions also pose as an implementation of state responsibility in maintaining public security, order and legal protection of its citizens. In the development of Indonesian legal system, most of the laws enacted by the state have included criminal sanction in its substance. Therefore, there is a shift in the political law (legal policy) regarding the application of criminal sanctions, which intentionally pose as a last resort (ultimum remedium) has shifted towards first resort (primum remedium). The inclusion of criminal sanctions in the legislation as primum remedium might result on the violation of the constitutional rights of Indonesian citizens. In addition, there is an emergence of numbers in applications of judicial review on the laws regarding the criminal sanctions issues. This research focuses to examine and determine about the position of criminal sanction norms in the law and about the deliberation and reasoning of the Constitutional Court in reconstructing the structure of criminal sanctions in law from primum remedium toward ultimum remedium. The research showed that most of the laws enacted from 2003 through 2014 have adapted the norms of criminal sanctions as primum remedium. This can be seen in the construction of the criminal forfeiture clause, where in the contrary, the concept of punishment states that criminal sanctions should be positioned as ultimum remedium. In the meantime, the Constitutional Court as the protector of citizens’ constitutional rights and protection of human rights has a very important role in restoring the position of criminal sanctions as ultimum remedium. This, by example, was set forth in the Constitutional Court decision 4/PUU-V/2007 on June 19, 2007 regarding the review of Law No.29/2004 on the Medical Practices.

EFEKTIFITAS PENERAPAN ANCAMAN SANKSI PIDANA TAMBAHAN GUNA PENGEMBALIAN KERUGIAN KEUANGAN NEGARA DALAM TINDAK PIDANA KORUPSI (STUDI KASUS DI PENGADILAN NEGERI DENPASAR)

Research on the effectiveness and the application of criminal sanctions and punishment in addition to return financial losses caused by corruption ( case study at the Denpasar District Court ) aims to describe and analyze deeply, about the effectiveness of additional punishment, including the return of financial loss caused by corruption. In addition, this study also aims to determine and assess the constraints in the implementation of court decisions related to the return of financial loss. Based on this articles, the question that is whether the application of additional criminal sanction and punishment, including the return of state losses can be effective pursuant to the provisions of Article 18 of Law No. 31 Year of 1999 on Eradication of Corruption Jo . Law No. 20 year of 2001 on the Amendment of the Law No. 31 Year of 1999 on Eradication of Corruption. The method used in this research is the method of empirical juridical legal research of the descriptive research using primary and secondary data sources by document studying and interview techniques as well as articles related to the issues. Based on the research that has been done, it can be seen that the application of the additional sanction and punishment, including the return of state losses have applied but unfortunately have not been able to be effective in the aim of recovery effort of state losses due to corruption, and reduce the amount of corruption that occurred in the Denpasar District Court Jurisdiction . It is based on the data corruption cases in the year of 2012 increased from 20 cases to 25 cases in 2013. Returns of state losses in 2012 - 2013 amounted Rp.871.273.192 which is the corruption amount cases in the year of 2010 - 2011 . While the corruption cases in the year of 2012 – 2013, until recent time there are no recorded return of state losses. The constraints in the implementation of the court decisions related to the return of state losses, is convicted assets and property that has been transfered, multiple population administration, and duration of the judicial process to verdict and binding execution to be carried out .

Basic Characteristics of the Commercial Criminal Law of the Republic of Srpska / Osnovne karakteristike privredno kaznenog prava Republike Srpske

Considering the fact that in the modern world that knows no borders between countries and even continents, legal entities commit serious criminal offenses in the field of commercial, financial, computer, environmental, and similar operations. At the end of the 20th century, a lot of countries introduced a system of criminal responsibility and punishability of legal entities. Since the legal entity has no consciousness or will, i.e. is unable to take physical movements that would cause the consequence of a crime, specific rules on responsibility and application of criminal sanctions have been prescribed for this type of perpetrators. In this way, a new branch of criminal law was constituted - commercial criminal law. This paper deals precisely with the basic characteristics of commercial criminal law.

Racial Differences in Criminal Processing: The Consequences of Model Selection on Conclusions About Differential Treatment

This study examines the impact of model selection on substantive conclusions about racial differences in presentence and sentencing practices. Using a statewide sample of convicted felons, an additive model is estimated to assess the direct and indirect effects of race on various dispositional decisions. Then, separate models for blacks and whites are estimated to evaluate within- and between-race differences. A comparison of the results from each specification illustrates how the standard additive approach used in past studies can mask and suppress racial differences in criminal processing. The findings of race-specific models are then discussed in terms of their implications for further research on racial disparity in the application of criminal sanctions.

SOCIOECONOMIC DISPARITIES UNDER DETERMINATE SENTENCING SYSTEMS: A COMPARISON OF PREGUIDELINE AND POSTGUIDELINE PRACTICES IN MINNESOTA*

After a brief review of determinate sentencing systems, this study examines the impact of Minnesota's determinate sentencing law on various presentence and sentencing outcomes. Using comparable pre‐ and postguideline measures, the results of this study suggest that Minnesota's reform effort was largely successful in reducing disparity within the scope of the new guidelines. However, although the direct impact of socioeconomic attributes of the offender diminished, these characteristics continued to influence sentencing decisions indirectly through various presentence decisions and case attributes not governed by the guidelines Different models of charge bargaining and sentence negotiations are also observed when pre‐ and postguideline models are compared. Yet, the determinants of these time‐specific models are not consistent with the assumptions of a circumvention argument. The paper concludes with suggestions for further research evaluating the impact of determinate sentencing systems on achieving social neutrality in the application of criminal sanctions.