Crime Cases Research Articles

Reconstruction of Investigation Regulations in Absentia Criminal Corruption Cases in Indonesia Based on Justice Values

Regulations for eradicating Corruption Crimes in Indonesia have regulated the examination of cases without the presence of the defendant in Court, however examinations at the investigation stage are not regulated, thus having an impact on the effectiveness of eradicating criminal acts of corruption. The aim of this research is to analyze the regulations for investigating cases of corruption crimes that have not been fair and to explore the weaknesses in the rules for investigating in absentia cases of criminal acts of corruption in Indonesia which are based on the value of justice. The paradigm used in this research is the Constructivism Paradigm, a type of normative juridical research and the research approach used is a statutory approach, a case approach, using primary and secondary data. The research results were analyzed using qualitative descriptive methods. The results of research into in absentia investigations into cases of criminal acts of corruption can give rise to differences in interpretation among law enforcement officials ranging from Investigators, Public Prosecutors to Judges, each of whom has inherent authority in examining cases of criminal acts of corruption, especially in examining cases involving prospective witnesses. suspects, suspects and defendants are not present even though they have been legally summoned without giving a proper and reasonable reason, the legal vacuum regulating in absentia investigations of corruption cases can be used by perpetrators of corruption crimes to evade the law enforcement process by running away and can be used as an excuse not to continue the investigation and transfer the case from the investigator to the public prosecutor and can be used as a reason to refuse prosecution by the Public Prosecutor. To realize the eradication of criminal acts of corruption based on the value of justice, it is necessary to reconstruct the regulations for investigations in absentia in the Law on the Eradication of Corruption Crimes by regulating 1) the exclusion of examining witnesses before being named as suspects with conditions; 2) waiver of examination of the suspect with conditions; 3) procedures/mechanisms for examining cases without the presence of the suspect; 4) waiver of handover of responsibility for the case from the investigator to the public prosecutor without the presence of the suspect with conditions; and 5) restrictions on case examinations that can be carried out without the presence of the suspect.

Impact on Companies That Employ Underage Children

In today's development, which is developing very fast, many people justify any means to achieve the target, many people even make a job that should be done by an adult, but instead it is done by a minor. Basically, children are the forerunners of the younger generation who will continue the hopes of the nation in the future. In its implementation, children are human resources for the nation and state as determinants of the country's future and as the successor to the nation's generation. A child should be the responsibility of his parents including food security, education, environment, and the formation of a child's personality in living in society. However, in reality, there are still many underage child labor phenomena caused by economic pressures or to make ends meet, so that many parents employ their children in a company or a certain business entity. This is a violation committed by a company or an agency which in operating the company's activities involves children who are made workers in the company. Employing minors is basically an act that violates human rights because employing minors will exploit children which of course will have a negative impact on the child's development both physically, emotionally and socially. In fact, currently many companies and parents of children ignore this provision, especially in rural areas. With this phenomenon there will be a very detrimental impact on the child. Seeing this phenomenon, the author wants to express an opinion based on the results of research related to companies that employ minors by formulating a problem, namely "what is the impact of work on a child who is made a child worker by the company?" by conducting an analysis using the theory of radical victimology, namely the Marxist theory which states that it sees weak law enforcement in resolving corporate crime cases. In this study using the Normative method, then the data obtained will be analyzed qualitatively with analytical descriptive method. The purpose of this writing is to find out what impact the child will receive if this phenomenon continues and the impact on the child's future.

INSECURITY IN NIGERIA: PERCEPTIONS OF SELECTED LAGOS STATE RESIDENTS ON NIGERIA NEWSPAPERS’ COVERAGE OF CRIME ON THE GRATIFICATION OF THEIR SAFETY INFORMATION NEED

Insecurity of lives and property in Nigeria has continued unabated through crime perpetration of all kinds. All forms of violent crimes, including property crimes are reported in the newspapers virtually on daily basis. Concerned by what the feelings of the audience could be on the resonating outcome of Nigerian newspapers’ crime reportage, the attendant palpable fear, anxiety, a sense of insecurity and whether or not the newspapers’ crime stories gratified their safety information need, this study adopted a non-probability sampling technique and through an in-depth interviews probed into the perspectives of purposively selected Lagos State residents on Nigerian newspapers’ coverage of crime and the gratification of their safety information need. Adopting purposive sampling technique, a total of twelve literate respondents, across the three Senatorial Districts (Lagos Central, Lagos East and Lagos West) who had lived and worked in Lagos State for at least five years preceding the study were interviewed. Findings revealed a sense of insecurity and palpable fear among the respondents; Lagos State is prone to crime; murder, robbery, kidnapping, while payment of ransom to secure the release of kidnapped victims were rife. The study revealed that the newspapers feasted on crime stories, but embraced episodic crime reportage. The newspaper crime stories were found educative and gratified the safety information need of the reader even as the police, judiciary and the political class were found culpable in crime festering in Nigeria. The paper recommends that newspapers should engage more in investigative reporting of crime by reporting it like an epidemic while the country’s security personnel require constant intelligence report in addition to being proactive, and professional. The Judiciary should ensure the dispensation of justice in all crime cases.

Disparity of Criminal Implementation against Class I Narcotics Criminal Offenders

This research aims to analyze the occurrence of disparities in the application of criminal offenses against perpetrators of class I narcotics crimes in ten criminal decisions at the Mataram District Court, including how there are disparities in criminal decisions for perpetrators of class I narcotics crimes, how judges consider in deciding class I narcotics crime cases. The type of research used in this research is normative legal research using statutory, conceptual and case approaches. The types of legal materials used are primary, secondary and tertiary legal materials. Analysis of legal materials using qualitative analysis. The results of the research show that the disparity in criminal decisions for perpetrators of category I narcotics crimes occurs as a result of the legal culture that colors the course of law enforcement, where in practice there is a condition where there is no unified law in terms of Sentencing Guidelines for sentencing in court. Mataram country, apart from that, there is the potential for a clash of legal norms between articles in the Narcotics Law regarding the formulation of a strict and clear separation between the roles of narcotics abusers and dealers in articles 111 - up to 127. Then it is up to the judge's consideration in making a decision at the Mataram energy court in casu is based on 2 main factors, namely: firstly, the Judge's decision is greatly influenced by the magnitude of the Prosecutor's demands, secondly, the Judge's Confidence Factor which arises from the evidence of the trial facts.

Judge's Considerations in Imposing Replacement Prison Sentences in Corruption Crime Cases

Corruption causes financial losses to the state which results in crises in various fields. In order to suppress the growth of corruption in Indonesia, various efforts to prevent corruption are carried out. One of them is by providing an additional penalty in the form of payment of replacement money. In terms of convict does not have sufficient assets to pay replacement money, he will be punished with substitute prison whose length does not exceed a main penalty. The absence of guidelines regarding the length of substitute prison based on replacement money results in frequent disparities. This research uses empirical research methods with a non-doctrinal approach in the form of empirical studies to find theories regarding the process of occurrence and operation of law in society. The formulation of the problem in this research is how judges consider when imposing a prison sentence as a substitute for replacement money in cases of criminal acts of corruption and what policies can prevent disparity in decisions in imposing prison sentences as a substitute for Additional Crime of Substitute Money in Corruption Crime. Based on the research results, it is known that there are no standard guidelines regarding determining the length of substitute imprisonment, while Article 8 of Perma Number 5 of 2014 concerning Additional Crime of Substitute Money in Corruption Crime only determines that the maximum imprisonment is 20 (twenty) years. So, in addition to imposing a decision, the judge must consider the juridical, philosophical and sociological aspects and be based on the judge's beliefs obtained from the beginning to the end of a case that occurred. Because there are no restrictions on the provision of imprisonment as a substitute for Additional Crime of Substitute Money, several policies are needed to reduce existing disparities.

Comparative Gross Architectural Studies on the Skull of Male Chital Deer (Axis axis) and Sambar Deer (Rusa unicolor) as an Aid in Wildlife Forensics

Background: Madhya Pradesh is rich in biodiversity having diversified flora and fauna. But now a days, apart from various threat like loss of habitat poisoning, accident, disease facing wildlife today and poaching remain one of the important causes for fauna declination. poaching remains one of important cause for fauna declination. Poaching of wild animals particularly chital and sambar deer is more for the meat, ornamental and trophy purposes. In forensic laboratory where there is lack of molecular facilities, comparative gross morphological study plays an important role in solving wildlife crime cases. skull is a best material to compare the closely relative species. hence, the study was conducted on comparative gross morphology of 4 male chital and sambar deer skull. Methods: The study was conducted 4 male adult skulls each of chital and sambar deer. The skulls were de-skinned and kept under maceration for a period of one month. The gross morphological differentiating features of dorsal surface, lateral surface, basal surface and nuchal surface were observed and recorded with the help of digital camera. Result: In this study, unique differentiating features were sufficient to distinguish among the skull of male chital and sambar. The facial tuberosity was present caudal to infraorbital foramen, dorsal to the superior third premolar tooth in chital deer, whereas; it was present dorsally the superior first molar tooth in sambar deer. Rostral extremities of nasal bones in skull of male chital deer were notched; however, these were blunt and without notch in the skull of male sambar deer. Incisive (Premaxilla) bone was directed upward in chital deer; whereas, it was directed caudally in case of sambar deer. The present comparative study will provide reliable information for identification of these closely related species specially needed for wildlife forensic cases.

Вопросы экспертного сопровождения расследования преступлений, предусмотренных статьей 207.3 Уголовного кодекса Российской Федерации

The article provides statistical information on the judicial practice of considering criminal cases of crimes provided for in Articles 207.3, 280.3, 284.2 of the Criminal Code of the Russian Federation. The issues related to the appointment of forensic linguistic expertise in the investigation of crimes under Article 207.3 of the Criminal Code of the Russian Federation are considered.

Evaluation of DNAmAge in paired fresh, frozen, and formalin-fixed paraffin-embedded heart tissues.

The continued development in methylome analysis has enabled a more precise assessment of DNA methylation, but treatment of target tissue prior to analysis may affect DNA analysis. Prediction of age based on methylation levels in the genome (DNAmAge) has gained much interest in disease predisposition (biological age estimation), but also in chronological donor age estimation in crime case samples. Various epigenetic clocks were designed to predict the age. However, it remains unknown how the storage of the tissues affects the DNAmAge estimation. In this study, we investigated the storage method impact of DNAmAge by the comparing the DNAmAge of the two commonly used storage methods, freezing and formalin-fixation and paraffin-embedding (FFPE) to DNAmAge of fresh tissue. This was carried out by comparing paired heart tissue samples of fresh tissue, samples stored by freezing and FFPE to chronological age and whole blood samples from the same individuals. Illumina EPIC beadchip array was used for methylation analysis and the DNAmAge was evaluated with the following epigenetic clocks: Horvath, Hannum, Levine, Horvath skin+blood clock (Horvath2), PedBE, Wu, BLUP, EN, and TL. We observed differences in DNAmAge among the storage conditions. FFPE samples showed a lower DNAmAge compared to that of frozen and fresh samples. Additionally, the DNAmAge of the heart tissue was lower than that of the whole blood and the chronological age. This highlights caution when evaluating DNAmAge for FFPE samples as the results were underestimated compared with fresh and frozen tissue samples. Furthermore, the study also emphasizes the need for a DNAmAge model based on heart tissue samples for an accurate age estimation.

Establishing Boundaries to Combat Tax Crimes in Indonesia

Enforcing criminal tax law in Indonesia presents a critical yet challenging task, because of the intricate interplay between tax and criminal law interests. The Indonesian Government has introduced leniency in tax criminal law enforcement, guided by the ultimum remedium principle, where criminal sanctions are considered as a last resort. Under this policy, tax offenders can absolve themselves from legal liability. However, such leniency throughout the enforcement process can lead to perceptions of injustice within society. This research uses descriptive, evaluative, and normative juridical methods to examine Indonesia’s approach to enforcing criminal tax laws within the framework of tax and legal interests. Our findings reveal that the current policies heavily favor taxpayer interests by providing numerous concessions to offenders. This trend is concerning, as it may result in a surge of tax crime cases. Conversely, adopting the primum remedium principle, where criminal sanctions are the initial response, poses the risk of harsh legal consequences. In light of these challenges, we propose a balanced approach incorporating elements of both ultimum and primum remedium principles to establish clear boundaries and provisions within criminal tax law enforcement policies. By doing so, we aim to accommodate tax interests while upholding legal interests.

Features of sentencing for the commission of a crime under Article 314 of the Criminal Code of the Russian Federation

The subject of the study is a criminal law norm establishing criminal liability for evasion from serving a sentence and from the use of compulsory medical measures (Article 314 of the Criminal Code of the Russian Federation), the practice of sentencing for committing a crime regulated by Part 1 of Article 314 of the Criminal Code of the Russian Federation. The purpose of the work is to identify patterns of sentencing for evading the restriction of liberty imposed as an additional punishment, and on their basis to identify problems that arise when sentencing. The article analyzes judicial practice regarding the application of the provisions of Articles 69 and 70 of the Criminal Code of the Russian Federation when imposing punishment for committing a crime under Part 1 of Article 314 of the Criminal Code of the Russian Federation. The possibility of simultaneous execution of restriction of freedom, acting as an additional punishment and a suspended sentence, is being investigated. The research methodology is based on general scientific (logical, systematic, analysis, interpretation, generalization) and private scientific (specifically sociological, formal legal) methods. The scientific novelty of the study lies in an integrated approach to studying ambiguous judicial practice in cases involving evasion from serving a sentence in the form of restriction of liberty imposed as an additional punishment, based on which convicted persons undergo various consequences of criminal punishment for committing identical crimes. The necessity of attaching the unserved term of restriction of liberty (as an additional punishment) to the newly imposed punishment is justified. Recommendations are formulated to supplement the resolution of the Plenum of the Supreme Court of the Russian Federation dated 06/28/2022 No. 20 "On certain issues of judicial practice in criminal cases of crimes against justice" regarding the inexpediency of simultaneous execution of restriction of liberty imposed as an additional punishment and conditional punishment.

KAJIAN HUKUM DAN REGULASI TERKAIT SERANGAN HACKING PADA PLATFORM DIGITAL DI INDONESIA

Hacking is a technique carried out by someone (hacker, cracker, intruder, or attacker) to attack a system, network, and application by exploiting weaknesses with the intention of gaining access rights to data and systems. Currently, the development of Information and Communication Technology (ICT) is experiencing very rapid growth. The development of information technology, especially the internet, has provided many positive benefits for its users. However, the use of internet technology also has negative impacts that cannot be ignored. The increase in Cybercrime cases in Indonesia is also caused by the impact of advances in Information Technology. Based on this explanation, the aim of this research is to find out how to study law enforcement procedures for hacking victims on digital platforms and how to ensure that digital platform users are more regulated regarding cyber security. The research method used is a descriptive analytical method. The results and discussion in this research are that handling crime cases in the field of information and electronic transactions is a responsibility that has been established for investigators, especially cyber patrols, to investigate and uncover these crimes. The investigation process has a very important and strategic role in determining the success of criminal law enforcement. The quality of a good investigation greatly determines the possibility of success in the prosecution process and makes it easier to reveal material truths during the trial. In order to prevent cybercrime, it is important for individuals and governments to have a deep understanding of crime patterns in the digital realm as well as current and ongoing internet trends and behavior carried out by perpetrators of these crimes. Keywords : Hacking, cyber, digital platform

Mapping the Impact: Property Crime Trends in Kuching, Sarawak, During and After the COVID-19 Period (2020-2022)

This study aims to explore how COVID-19 and the Movement Control Order (MCO) have influenced the trend of property crimes in Kuching, Sarawak spanning from 2020 until 2022. The lockdown imposed by the government had impacted daily activities in Malaysia, including those in Kuching, Sarawak. The methodology employed in this research involves descriptive analysis and spatial analysis, specifically using the Hot Spot Getis GI* technique, with the support of ArcGIS software. It examines relationships between crime and geography. The trend of property crime cases dropped from 1,144 cases (2020) to 813 cases in 2021 and ended with 683 cases in the year 2022. The value of GiZScore from the lowest of 2.066694 to the highest of 13.365677 is from the year 2021. Property crime in Kuching's urban center was targeted even during MCO beginning March 2020 to November 1, 2021. This indicates a notable decrease in property crime trends during the COVID-19 (2020-2021) pandemic period due to the MCO and lockdown which continue to impact into the subsequent endemic era of 2022. This demonstrates the efficiency of the Royal Malaysia Police, particularly in the context of Kuching, Sarawak.

ILLEGAL LOGGING ENFORCEMENT: DYNAMICS OF PENAL SANCTIONS IN KEBUMEN COURT

This research investigates the multifaceted nature of criminal punishment, considering its purposes such as deterrence, retribution, rehabilitation, and the maintenance of societal order. Specifically focusing on Article 78, paragraph 15 of forestry law, which delineates penal sanctions, the study explores the application of confiscatory penalties in cases of forestry offenses, particularly illegal logging. The research centers on the practices of the Kebumen District Court in enforcing sanctions against illicit logging, examining the discretionary powers exercised by judges. Despite the existence of the 2005 Judicial and Court Management Technical Instructions governing evidence seizure in illegal logging cases which constrain judicial authority in sentencing. Adopting a non doctrinal research through interview to the judges and literature research as data collection. Those data are analysed qualitatively. the study reveals intricate challenges in penalty enforcement at the Kebumen District Court, encompassing imprisonment, fines, and the confiscation of forest products. Notably, disagreements among judges regarding adherence to Supreme Court guidelines highlight the complexities of balancing judicial autonomy with technical directives. The findings underscore the need for clarifying legal frameworks and enhancing judicial training to harmonize the application of penalties in forestry crime cases, thereby ensuring consistency and fairness in sentencing practices.

Penanganan Perkara Tindak Pidana Narkotika Yang Di Lakukan Oleh Prajurit TNI Angkatan Laut

The involvement of Navy soldiers in narcotics and Psychotropic crimes requires consistent efforts for their prevention and eradication. The consistency of the TNI leadership in efforts to prevent the involvement of TNI soldiers in narcotics and Psychotropic crimes is carried out by issuing regulations, either in the form of Telegram letters (ST) of the TNI commander or decisions of the Chief of Naval Staff. For Navy soldiers who are proven to be involved in abuse, depositors, dealers and manufacturers of narcotics and Psychotropic Substances must be held legally responsible. As for the form of responsibility, it also varies depending on the degree of guilt, it starts to be rehabilitated, the investigation process is carried out by the pom TNI, until the case is submitted to military justice and is proposed to be fired. The purpose of this study was to analyze the handling of cases of narcotics and Psychotropic crimes committed by Navy soldiers and law enforcement against cases of narcotics and Psychotropic crimes committed by Navy soldiers.

The sentencing specifics of the courts in the Lugansk People’s Republic during the special military operation

This article highlights the historical aspects of integrating the Lugansk People’s Republic (LPR) into the Russian Federation. The authors consider the specifics of the application of Russian criminal law by the courts of the LPR during its integration into the Russian legal system. The mechanism is shown which provides a unique punishment for the defendants who participated in special military operation for protecting the civilian population of Donetsk and Lugansk People’s Republics that is realized by giving suspended sentences. The article reveals the specifics of the courts acknowledging the defendant’s participation in a special military operation as a mitigating circumstance. The current practice of imposing punishment upon those who committed crimes before the day of LPR’s incorporation into the RF is examined. The issues of the formation of judicial practice of applying the norms of criminal and international law when dealing cases of crimes against civilians of the LPR were examined. The results show that the courts reasonably equally apply the provisions of the criminal law of LPR if it does not worsen the status of the convicted persons.

Holiganity committed with violence against citizens: problems of qualification

Subject of research: norms of criminal law establishing liability for hooliganism, for crimes against the person committed out of hooligan motives, as well as explanations reflected in the Resolutions of the Plenum of the Armed Forces of the Russian Federation dated November 15, 2007 № 45, dated December 27, 2002 №. 29, dated December 4, 2014 № 16. Purpose of research: to reveal the understanding of «violence» within the framework of Art. 213 of the Criminal Code of the Russian Federation, on the basis of which to formulate rules for qualifying the imputation, in aggregate or without violent hooliganism, of crimes against the person committed out of hooligan motives. Methods and objects of research: the main methods used are the formal logical method, methods of analogy and generalization, as well as comparative legal and formal legal research methods. Main results of research: proposals were formulated to improve the provisions of the current Resolution of the Plenum of the Supreme Court of the Russian Federation dated November 15, 2007 № 45 «On judicial practice in criminal cases of hooliganism and other crimes committed from hooligan motives» in terms of the understanding of violence enshrined in paragraph «a» part 1 art. 213 of the Criminal Code of the Russian Federation, as well as the rules for qualifying this crime in combination or without crimes against the person committed out of hooligan motives.

Biogeographical Ancestry Analyses Using the ForenSeqTM DNA Signature Prep Kit and Multiple Prediction Tools.

The inference of biogeographical ancestry (BGA) can assist in police investigations of serious crime cases and help to identify missing people and victims of mass disasters. In this study, we evaluated the typing performance of 56 ancestry-informative SNPs in 177 samples using the ForenSeq™ DNA Signature Prep Kit on the MiSeq FGx system. Furthermore, we compared the prediction accuracy of the tools Universal Analysis Software v1.2 (UAS), the FROG-kb, and GenoGeographer when inferring the ancestry of 503 Europeans, 22 non-Europeans, and 5 individuals with co-ancestry. The kit was highly sensitive with complete aiSNP profiles in samples with as low as 250pg input DNA. However, in line with others, we observed low read depth and occasional drop-out in some SNPs. Therefore, we suggest not using less than the recommended 1ng of input DNA. FROG-kb and GenoGeographer accurately predicted both Europeans (99.6% and 91.8% correct, respectively) and non-Europeans (95.4% and 90.9% correct, respectively). The UAS was highly accurate when predicting Europeans (96.0% correct) but performed poorer when predicting non-Europeans (40.9% correct). None of the tools were able to correctly predict individuals with co-ancestry. Our study demonstrates that the use of multiple prediction tools will increase the prediction accuracy of BGA inference in forensic casework.

APPLICATION OF MILITARY LAW TOWARDS TNI MEMBERS IN CASES OF CRIMINAL ACT OF INSUBORDINATION AT DILMILTI II JAKARTA

Insubordination is an act that is completely unacceptable in the military, because it is considered to have violated the Sapta Marga and the Soldier's Oath which are the basic reference for personality patterns as TNI soldiers. Acts against superiors should not be carried out in the military environment, because acts against superiors or insubordination are classified as serious crimes. For this reason, we will further examine the absolute competence of the High Military Court in handling Insubordination Crime Cases and how military law is applied to TNI members in cases of insubordination crimes at the Jakarta II High Military Court. The research method used in this research is a normative legal research method. From the research results it was found that the High Military Court is a Second Level Military Court which has the authority to hear appeals from First Level Military Court Decisions. Then the application of military law to members of the TNI in cases of criminal acts of insubordination at the Jakarta II High Military Court is basically the same as the First Level Military Court, namely based on the Military Criminal Code (KUHPM). The results of the DILMILTI decision can be different from those of the Military Court of First Instance due to differences in the opinions of the panel of judges, but can also have the same results because of the similarities in the analysis and opinions of the Panel of Judges so that the new decision actually strengthens the previous decision.

Criminalistic Attributes of the Subject of Proving in Tax Crime Cases

Criminalistic Attributes of the Subject of Proving in Tax Crime Cases

Research on Identification Standard and Judicial Determination of Destructive Procedure - Based on Technical Specifications and Legal Provisions

With the rapid development of Internet technology, the identification of destructive procedures has a dilemma that the legislative purpose is inconsistent with the practice at the judicial level. The traditional identification is generally based on technical specifications, but the legal positioning of the procedure is often ignored in computer network crimes. In order to establish the identification standard of destructive procedures as soon as possible and reduce the judicial problems caused by the identification of procedures, this paper, based on the computer network crime, through the combination of technical specifications and legal provisions, through in-depth analysis of the computer technical parameters and typical cases of crimes of destructive procedures, expounds the technical level to follow the destructive procedure inspection operation specification, at the legal level to subjective malice and serious harm two aspects of the judgment method. The results of the study revealed that the double identification of destructive procedures through technical specifications and legal provisions is not only more practical than ever, but also saves judicial resources and improves litigation efficiency.