Criminal Code Bill Research Articles

Perbandingan Alasan Penghapusan Pidana Untuk Subjek Hukum Korporasi di Belanda dan dalam Undang-Undang No 1 Tahun 2023 tentang Kitab Undang-Undang Hukum Pidana

Regulations regarding the excuses of crime justification crimes will be regulated in the draf to criminal law code, regarding the justification excuses that are owned by individual swhorelated with the corporation which also can beused by the corporation in the same crime case. In the new KUHP bill, we are different from the old KUHP because the old KUHP still uses the Societas delinquere non potest principle, which means that corporations (legal entities) cannot commit criminal acts and cannot be held criminally accountable either. How ever, along with the development tof the era with the number of cases involving corporations as perpetrators of criminal acts, the Criminal Code that we currently use has been revised, with the National Criminal Code Bill. The change islocated in Article 45 paragraph 1 of the Draft Criminal Code, which states that corporations arecriminal subjects. This research is normative juridical research that uses a Comparative Approachand a Statute Approach. The legal materials used are primary legal materials and secondary legalmaterials. The results of this study are that the Draft Criminal Code and the Special Law have notregulated the criminal liability of corporations committed by the private sector. Where in the Netherlands these arrangements have been regulated in the Dutch Penal Code in Article 328ter paragraph (1) and Article 328ter paragraph (2).

Kritik Terhadap Perubahan RUU KUHP: Perspektif Hukum Pidana dan Hak Warga Negara

The proposed changes to the Draft Law on the Criminal Code (RUU KUHP) have attracted widespread attention from various parties. This research aims to examine and criticize these changes, especially from the perspective of criminal law and citizens' rights. This study uses qualitative research with a library approach in obtaining data for research results. The research results show that there are many problems related to changes to the Criminal Code Bill, which include the addition and deletion of several articles. The ambiguity of legal concepts, the possibility of abuse of power, and the consequences for individual freedom are the main focus of criticism. Changes may also affect citizens' rights and the judicial process.

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.

Reconstruction of the Concept of Restorative Justice of the Criminal Justice System in Indonesia

Restorative justice is basically an approach to criminal law that contains a number of traditional values. This is based on two indicators, namely the values on which it is based and the mechanisms it offers. This is the basis for considering why the existence of restorative justice is being taken into account again. The existence of this approach is perhaps as old as criminal law itself. Apart from imprisonment which has consequences for the prisoner's family, the current system is seen as not providing relief or healing to the victims. Moreover, the legal process takes a long time. In contrast, in the restorative model the emphasis is on conflict resolution. This idea of Restorative Justice has also been accommodated in the Criminal Code Bill, namely the introduction of an alternative criminal system in the form of social work sentences and supervision sentences. So that in the end, Restorative Justice pays attention simultaneously to the interests of crime victims, crime perpetrators and society.

ANALISIS PRAKTEK DUKUN SANTET : DUGAAN PELANGGARAN HAM MENURUT PRESPEKTIF HUKUM POSITIF DAN HUKUM ISLAM

Indonesia is a state of law that upholds justice for the community without exception. In the formulation of Pancasila, it has been stated that justice must be upheld for all Indonesian people, as well as mentioned in the Koran that being fair must be upheld; even the Koran states that the protection of life, maintenance of life, and provision of life must be given to all humans. Unrest over the protection of human rights which is sometimes violated and taken lightly by individuals who have spiritual knowledge, with different backgrounds of humans who believe and claim and consider themselves to have spiritual knowledge so that they can pose a threat to other humans who can cause accidents, make a disability and even take someone's life. This research was conducted using the search library method by retrieving data through the data collection method of writing, recording, and analyzing data. In order to provide its legal force to deal with matters related to chastity that cause criminalization, the Criminal Code Bill only focuses on prevention but not on eradication, in contrast to Islamic law, which regulates the law in chastity which regulates the details and characteristics of a person who can be punished if proven to have done things related to chastity.

Kebijakan Pemberian Vonis Mati Atau Pidana Mati Yang Ada di dalam Kitab Undang Undang Hukum Pidana Ditinjau Dari Formulasi Perspektif Pembaharuan Undang-Undang No 1 Tahun 2023 Tentang Kitab Undang-Undang Hukum Pidana

Capital punishment is a compelling and expansive type of discipline, and the discussion about the upsides and downsides of the death penalty go on today. The question of whether the death penalty should be retained in the Criminal Code or abolished in the justice system is inseparable from Indonesia's reform of criminal law, particularly through the creation of the Criminal Code. Despite the fact that its nature differs from that outlined in the Criminal Code, Indonesia will continue to use the death penalty, as evidenced by the Criminal Code Bill, which contains the death penalty. The purpose of this research is to identify the current legal formulation of death penalty policies in Indonesian criminal law and to examine the desired future legal formulation of death penalty policies in Indonesia. This study utilizes a subjective technique with a legitimate and administrative methodology as well as unmistakable scientific exploration details. According to the findings of this study, the death penalty is still regulated by Indonesian law as the primary form of punishment, resulting in disagreements between pro- and anti-death penalty groups. In the new version of Indonesian criminal law, change in death penalty policy, originally a principal punishment to become an alternative punishment . In the future, the death penalty will be a tangible expression of human rights that is in line with national and international perspectives.

Upaya Hukum Untuk Menjerat Tindakan Pelaku Perselingkuhan dalam Perspektif Hukum Adat Dayak Ngaju

The problem that occurs is a legal vacuum regarding the regulation of sanctions that can be imposed on perpetrators of infidelity through national law. In the Dayak indigenous communities of Central Kalimantan, Dayak customary law is strictly enforced, but it is still not widely known. This research uses empirical qualitative research type, conducted by visiting the Kedamangan Institute in Central Kalimantan and the Dayak Customary Council (DAD) in Central Kalimantan. This can complement national legal efforts before the implementation of the national law of the Criminal Code Bill for the Ngaju Dayak community in Central Kalimantan. Legal efforts made to ensnare perpetrators of infidelity are broken promises which are the most serious legal remedies that can be done by the indigenous people of the Ngaju Dayak tribe. They believe that the oath taken on Basarah Adat will be serious for those who dare to lie. They may be short-lived, unlucky and suffer from continuous illness for themselves and their offspring and siblings. The customary Dayak Ngaju sanctions imposed on perpetrators of infidelity are to pay twice the value of the customary marriage (dowry) of the confiscated spouse, pay shame compensation for the legal family of the female partner, pay compensation for marriage expenses for the legal couple, and pay the peace of the party.

THE CRIMINAL LAW SYSTEM IN INDONESIA FROM THE PERSPECTIVE OF PANCASILA

Since the implementation of Law Number 1 of 1946, Indonesia's Criminal Code has witnessed continuous reforms in material criminal laws, formal criminal laws, and criminal law enforcement. These three components are interconnected, necessitating comprehensive reform. The 2012 Criminal Code Bill aimed at achieving sentencing goals and brought about three types of updates. The first type includes main punishments like imprisonment, cover-up punishment, supervision punishment, fine punishment, and social work punishment. The second type specifically entails the death penalty. The third type comprises additional punishments such as revocation of rights, confiscation of goods or invoices, judge's decision announcements, renewal of criminal sanctions for losses, and fulfillment of local customary obligations. Criminal punishment theories emphasize improvement and prevention from an instrumental perspective. Punishment serves as an instrument to achieve goals beyond itself, like rehabilitating offenders or protecting society. The nature of punishment must align with these objectives, rendering punishment valuable in the pursuit of those ends. However, instrumental theory also allows for alternative means if more efficient. For Indonesia, the essence of law according to Pancasila emphasizes godliness, humanity, unity, democracy, and fairness. Pancasila serves as an ethical benchmark for being a complete Indonesian human being, adhering to Indonesian laws, and guiding behavior toward others and the environment. As society evolves, the law must remain dynamic and adaptable to societal needs. An appropriate legal system in Indonesia should be grounded in the values and culture of the nation, particularly Pancasila, the nation's foundational philosophy. The national legal system must align with Pancasila's ideals to maintain harmony and justice in the Indonesian state.

ANALISIS FRAMING BERITA PENGESAHAN RUU KUHP PADA MEDIA ONLINE CNBC INDONESIA.COM

This research was motivated by the passage of the Criminal Code Bill which caused many pros and cons among the public because of the existence of articles that were considered controversial and became a topic that was widely discussed, especially until the massive demonstration in 2019 that rejected changes to the Criminal Code Bill. The object of this study is two news about the Criminal Code Bill published on the same day after its ratification by the House of Representatives of the Republic of Indonesia on December 6, 2022. The author examines using descriptive qualitative methods supported by a constructive approach by analyzing data medel Zhongdan Pan and Gerald M. Kosicki. The two published news can be interpreted as a forum that clarifies the newly inaugurated Criminal Code Bill in order to keep the atmosphere conducive by presenting explanations and forms of criticism to the government over the new bill. The result is that the two stories studied in the same news portal have similarities in terms of news leads, but the topics raised are very different, the first news highlights endorsements and flashbacks of rejection. While the second news highlights the aspect of the problem after the passage of the Criminal Code Bill regarding the adultery article.

Kebijakan Hukum Pidana Dalam Mengatasi dan Mencegah Tindak Pidana Berita Bohong (Hoax)


 Fake news, also known as Hoax, is becoming increasingly popular for us to hear and is also rife in various media. Starting from print media and online media. Fake news is false or untrue information that is fabricated or distorted from real facts. The problems we discuss in this research include: How is the Criminal Law Policy in Overcoming and Preventing Fraud News Crimes According to Current Positive Law and How Criminal Law Policies are in Overcoming and Preventing Fraud News Crimes in the Future. This research is normative research. The rules regarding fake news (Hoax) which are clearly included in the Criminal Code are contained in Article 390, while the rules regarding fake news (Hoax) contained in the law are contained in law no.11 of 2008 and law no. 1 of 1946. Renewal of Law No. 11 of 2008, namely Law No. 19 of 2016. The role of the government and society is contained in Law Number 19 of 2016 and is listed in articles 40 and article 41. Rules regarding Criminal Acts of Fake News (Hoax) in the renewal criminal law is contained in the 2019 Criminal Code Bill in Article 272.
 Keywords: Criminal Law Policy; Hoax; Criminal Law Reform.

Implementasi Penerapan Pidana Bersyarat dalam Kitab Undang-Undang Hukum Pidana (KUHP)

Conditional punishments regulated in the Criminal Code do not provide protection to perpetrators of criminal acts because they are not a type of crime but a way of carrying out a crime. Therefore, the Draft Criminal Code regulates criminal supervision as a new type of criminal sanction in the main crime. Supervision punishment is a substitute for conditional punishment and an alternative to imprisonment. This article examines the implementation of conditional criminal and criminal supervision arrangements in the Criminal Code Bill by looking at the implementation of criminal supervision in several countries, so that restorative justice can be realized. The criminal supervision arrangement in the Criminal Code Bill resembles the probation system in the UK, but emphasizes recovering losses incurred from criminal acts. As for the problems in writing this thesis, namely 1. How is the regulation of conditional criminal penalties in the Indonesian legislation, 2. How is the implementation of conditional crimes in Indonesia and How is the conditional criminal arrangement in the draft of the new Criminal Code. The research method can be interpreted as an important means to find, develop and test the truth of a knowledge. Therefore, before conducting research, the author first determines the method that will be used by the author. Methods or methodologies are elements that absolutely must exist in scientific research and development. Legal research is a process to find the rule of law, legal principles, and legal doctrines in order to answer the legal issues faced. If a conditional sentence has been imposed, the supervisory officers, especially the Prosecutor, should have frequent communication with the Supervisory Judge and the Observer Judge to monitor the condition and progress of the convict. In addition, the judge also saw the events behind the criminal act as a whole as well as the attitudes and actions of the defendant in his daily life in society. It is necessary to develop and explain the science of law in the community, in order to create a society that is aware of the law.

THE EXISTENCE OF CRIMINAL LAW IN NATIONAL CRIMINAL LAW REFORM

The problem of reforming criminal law is one of the impo important issues that need in all its aspects in connection with efforts to reform criminal law in our country. It is said to be important and even the most important because legal experts often interpret criminal law as a double-edged sword. On the one hand, it is a law to protect society from the threat of crime, but on the other hand, there are times, there are times when human rights temporarily or permanently deprive a person of liberty. Criminal law reform has existed since 1946 with the issuance of Law Number 1 of 1946 concerning criminal law regulations. Criminal law reform as part of criminal politics is in place, and it is time to implement it. This is mainly related to the provisions of the old criminal law, which are regulated in the criminal law code as an "umbrella act" or an umbrella law of a general nature. This law will also affect the formulation of special criminal laws, following the legal needs of society in this era of independence and openness in the 21st century. Based on the description of the background, the formulation of the problem that will be presented is as follows: Why is the renewal of the national criminal law important? How is the formation of criminal law reform in the national Criminal Code Bill? Based on these problems, the discussion is as follows: The existence of the new Criminal Code has become important which is sourced, characterized, rooted, and has a national character following the contents of Pancasila and the 1945 Constitution, is now very urgent to be realized to replace the old Criminal Code which is a legacy of the Dutch colonial and is no longer compatible with developments. Social, cultural, economic, political, and technological conditions in an atmosphere of independent Indonesia and only undergoing reform in the 21st century. The establishment of the new Criminal Code is a reflection of the government's serious efforts in enforcing criminal laws that are more humane and fair for all levels of society in this reform era. . It would be strange if the Netherlands, WvS had long been revised and not enforced, would continue to apply as a colonial legacy, because of the inability of this nation to create a new national criminal law.

Public Response to the Legalization of The Criminal Code Bill with Twitter Data Sentiment Analysis

The Criminal Code Bill, also known as Rancangan Kitab Undang-undang Hukum Pidana (RKUHP), passed in the House of Representatives (DPR) on December 6, 2022, is being debated because several issues need to be fixed. Therefore, research was conducted to determine the public's reaction to the ratification of the Criminal Code Bill by analyzing Twitter data. This study aims to obtain a general response to the legalized RKUHP. We use sentiment analysis, a text-processing method, to get data from the public. To do this, we used N-grams (unigrams, bigrams, and trigrams) along with three algorithms: Naïve Bayes, Classification and Regression Tree (CART), and Support Vector Machine (SVM). The result of sentiment analysis found that 51% of tweets were positive about the ratification of the RKUHP, and 49% were negative. In addition, it was also found that SVM has the best accuracy compared to other algorithms, with an accuracy value of 0.81 on the unigram combination.

Legal Consequences Of The Revocation Of Complaints In Domestic Violence Crimes

According to Article 1 paragraph (1) of the UUPKDRT domestic violence is any act against a person, especially a woman, which results in the emergence of misery or suffering within the scope of the household. Domestic violence is commonly referred to as a hidden crime that has taken many victims from all walks of life. Some forms of criminal acts regulated in the UUPKDRT are complaints. Complaints are the right of the victim to be prosecuted or not to be prosecuted because it concerns the interests of the victim. Thepurpose of the complaint is to protect the aggrieved party and provide an opportunity for interested parties to resolve the case in force in society. Theproblem that was studied was how to protect the law for victims of domestic violence and how the legal consequences of retracting reports by victims of domestic violence crimes. This research uses normative legal research methods. The approach used is a statutory approach and a conceptual approach. Protection of victims is any effort aimed at providing a sense of security to the victim carried out by the family, advocates, social institutions, police, prosecutors, courts, or other parties either temporarily or based on court determinations. To optimize the protection of victims, restitution needs to be integrated into the criminal justice system. Considering that restitution is a criminal institution that can provide benefits to victims, perpetrators, the state, and society. In addition to restitution, compensation can also be given to victims of domestic violence as an effort to protect the law. In the formulation of the 2008 Criminal Code Bill in Article 135 of the Criminal Code Bill, it is also formulated about the protection of victims of domestic violence, the legal consequences caused if the complaint is revoked, the prosecution becomes void. The revocation of the complaint on the complaint is an absolute requirement for non-prosecution. However, if the revocation of the complaint does not meet the provisions in accordance with Article 75 of the Criminal Code, then the revocation of the complaint cannot stop the criminal case.

The Urgency of Child Grooming Regulation in the Legal System in Indonesia

Child grooming is a legal issue that has negative consequences for children, especially which in a victimized position. However, there are no regulations in Indonesia that specifically regulate these legal issues. Even while there are positive laws that can be used as a basis for criminalizing groomers, it turns out that law enforcement still faces a number of obstacles. In this case, a normative juridical methodology based on a statute approach, a case approach, a literature approach, a conceptual approach, and a comparison approach was used to conduct the research. Based on research studies, data collection is carried out. This research demonstrates that there are still obstacles to Indonesian child grooming legislation enforcement, which are quite often related to the evidence process. Alternative regulations against child grooming as stated regarding the positive laws above, such as ITE Law, Child Protection Law, and Pornography Law have gaps that have been found to lead to other issues, such as disparities in punishment. The TPKS Law and the Indonesian Criminal Code Bill could be other options that may one day be considered in cases involving child grooming. It ought to be striving for special regulations against child grooming. In such cases, it would appear that it would be preferable if they were made into technical regulations in the form of government regulations with proof and criminal sanctions that were more maximized.
 Keywords: Child Grooming; Regulations; Law Enforcement

RHETORICAL STYLE OF STUDENT CRITICISM AT DEMONSTRATIONS AGAINST THE KHUP BILL AND REVISION OF THE 2019 KPK LAW: CRITICAL DISCOURSE ANALYSIS

This research was motivated by the event of a demonstration against the KHUP Bill and the Revision of the KPK Law which occurred in 2019. Many student banners were found at the action that contained sentences of criticism of the government but were packaged in the form of humor using a rhetorical style. This study aims to dismantle the rhetorical style of students in the Demonstration of Rejection of the KHUP Bill and the Revision of the 2019 KPK Law. This research uses qualitative descriptive research methods with the Norman Fairclough model of Critical Discourse Analysis approach. The data used as an object is in the form of banner images containing criticism sentences from students at the demonstration of the rejection of the Criminal Code Bill and the revision of the KPK Law which was carried out on September 24-26, 2019. The results showed that students used two rhetorical styles, namely the rhetorical style of euphemism and the rhetorical style of dysphemism.

Quo Vadis Hukum Pidana Islam dalam Sistem Hukum Pidana Indonesia

The Criminal Code used by the Unitary State of the Republic of Indonesia comes from the Criminal Code (KUHP), namely the Dutch Criminal Code with some modifications to its provisions, although there are several criminal provisions that apply in Indonesia which are regulated outside the Criminal Code. We often hear of efforts to amend the Criminal Code through the Criminal Code Bill, but this is still controversial in Indonesia. One of the inputs for improving the Draft Criminal Code is to adapt it to the development of community conditions and incorporate norms for social development and application, which are mostly sourced from religious values. In the Draft Criminal Code, in addition to codifying all criminal-related rules, it is hoped that it can further strengthen the existence of Islamic criminal law through the values ​​of justice, equality, and interests and benefits. Namely by understanding the concept of Qot'i and dhanny, whose values ​​are the essence of Islamic criminal law. Therefore, although the guidelines used in the Indonesian national legal system are positive legal regulations, they contain the essence of Islamic criminal law values.

RELASI PENYELENGGARAAN PERADILAN PIDANA YANG CEPAT, SEDERHANA DAN BIAYA MURAH TERHADAP PELAKSANAAN PIDANA CAMBUK DI NANGROE ACEH DARUSSALAM: KONSTRUKSI TERHADAP PEMBAHARUAN RUU KUHP

Article 2 paragraph 4 of Law no. 48 of 2009 concerning Judicial Powers of Punishment states that trials are carried out in a simple, fast and low cost manner. This principle has been implemented in the implementation of the imposition of caning in Aceh. The implementation is in an open field and ends in 1 day. It is interesting to study from the principles of fast, simple, and low-cost justice. The execution of the caning sentence which ends in 1 day embodies the principle of a fast trial, carried out in the open field by wearing a certain size of rattan, showing a simple trial. The implementation also demonstrates the principle of low-cost justice. In the perspective of the Criminal Code Bill, the implementation of this punishment is based on living law and has been stated in the applicable law in Aceh, realizing the criminal objectives of prevention, fostering perpetrators, restoring balance, and resolving conflicts. Its rationality rests on the laws that live in Aceh, and embodies the principles of fast, simple and low-cost justice. Philosophically, this punishment is built on the basis of the Acehnese people's view of life which relies on philosophical values ​​derived from Islamic law. Sociologically, caning has been around for a long time in Acehnese society. Juridically normative based on the 1945 Constitution, the implementation of caning reflects the law that lives in society as an embodiment of customary units that apply in Acehnese society as stipulated in Article 18 B.

NORMATIVE TEST FOR ENFORCEMENT OF COLONIAL LAW AND MORAL JUSTICE ARTICLE OF CONTROVERS IN THE NATIONAL KUHP BILL

Indonesia is an independent country. In criminal law it is still colonized. At first, the implementation of the colonial Criminal Code (KUHP) was only temporary. The law has legalized the adjustment of the implementation of the colonial Criminal Code in the spirit of an independent and sovereign state. I just don't have the courage to do it. The plan to stipulate the original Indonesian Criminal Code was met with demonstrations. In this paper, the problem that will be revealed is what is the normative measure of the enforcement of the colonial Criminal Code in Indonesia and how is the moral justice of the controversial articles in the National Criminal Code Bill. This paper is sourced from normative research. The data used is secondary data. Data collection was carried out by means of a literature study, The data were analyzed qualitatively and presented in descriptive form. From the results of the research, it is known that the Act has legalized the enactment of the colonial Criminal Code in Indonesia, with exceptions. The articles in the Draft Criminal Code which are considered controversial have already accommodated moral values.

Perbandingan Sistem Pertanggungjawaban Pidana Korporasi sebelum adanya Ruu KUHP pada Ruu KUHP dan Sistem dari Negara Belanda

In the new KUHP bill, we are different from the old KUHP because the old KUHP still uses the Societas delinquere non potest principle, which means that corporations (legal entities) cannot commit criminal acts and cannot be held criminally accountable either. However, along with the development of the era with the number of cases involving corporations as perpetrators of criminal acts, the Criminal Code that we currently use has been revised, with the National Criminal Code Bill. The change is located in Article 45 paragraph 1 of the Draft Criminal Code, which states that corporations are criminal subjects. This research is normative juridical research that uses a Comparative Approach and a Statute Approach. The legal materials used are primary legal materials and secondary legal materials. The results of this study are that the Draft Criminal Code and the Special Law have not regulated the criminal liability of corporations committed by the private sector. Where in the Netherlands these arrangements have been regulated in the Dutch Penal Code in Article 328ter paragraph (1) and Article 328ter paragraph (2).