Criminal Justice Process Research Articles

LEGALITY OF FINANCIAL RIGHTS OF STATE ADMINISTRATORS SUSPECTED OF CORRUPTION: CAN IT BE QUALIFIED AS AN UNLAWFUL ACT?

In carrying out the government system, Law Number 28 of 1999 concerning Good and Clean State Administrators was formed from Corruption, Collusion, and Nepotism which regulates the rights, obligations, prohibitions, and sanctions for state administrators. The consequence of the principle of legality is that in the criminal justice process, the presumption of innocence is imposed until a decision is made. This principle is widely used by state administrators who stumble on corruption to resign when they are named suspects so that they are entitled to pension rights. Therefore, this research aims to describe and analyze the financial rights of state administrators who are suspected of corruption. The method used in this research was descriptive with a normative juridical research design. The legal materials used in this research included primary legal materials, secondary legal materials, and tertiary legal materials. Analyzed using the deductive logic analysis method by interpreting and discussing research result materials based on the definition of law, legal rule, legal theory, and doctrine related to the problem being studied. The results of the data analysis inferred that law enforcement against corruption cases was still not optimal. The law enforcers only looked at criminal offenses committed without looking more broadly at the elements of criminal acts such as locus delicti and tempus delicti so that they could find out the impact and actions of other related criminal acts. Keywords: Legality Principles, State Administrators, State Financial Losses/State Economy, Corruption.

Does perpetrator gender influence attitudes towards intimate partner violence (IPV)? Examining the relationship between male-perpetrated and female-perpetrated IPV attitudes among a sample of UK young adults

Purpose Understanding of the role that attitudes and beliefs may play on the judgments people make about intimate partner violence (IPV) is becoming increasingly important, notably in the context of the criminal justice process and in recognising IPV as a public health issue. This study aims to investigate the importance of several established factors predictive of attitudes towards male-perpetrated IPV, which have never previously been explored in relation to female-perpetrated IPV. Design/methodology/approach In total, 295 young adults (18–28) from across the UK completed an online survey (M Age = 23.82) comprised of four established psychometric inventories; the Rosenberg Self-esteem scale, Satisfaction with Life scale, Attitudes Towards Female Dating Violence scale and newly developed Modern Adolescent Dating Violence Attitudes (MADVA) scale, alongside a suite of associated demographic factors. Findings Results derived from a multiple linear regression indicates that three types of attitudes towards male-perpetrated violence against women (physical, sexual, and psychological abuse offline), were significant predictors of attitudes towards female-perpetrated IPV, along with gender and ethnicity. Self-esteem, satisfaction with life, age and education among those surveyed were not associated with attitudes towards female-perpetrated IPV. Practical implications The results have important implications in developing educational programmes for those who have committed IPV offences, as well as teaching young people about the nature of partner abuse. Originality/value The results suggest that those who endorse attitudes supportive of male-perpetrated IPV in offline environments, also endorse violence-supportive beliefs towards female-perpetrated IPV. In effect, violence-supportive attitudes are held irrespective of the sex of the perpetrator. However, this may differ in terms of how individuals view online types of abuse, where these attitudes appear to be processed differentially to offline attitudes.

Experiences of criminal justice: Perspectives from Wales on a system in crisis By D.Newman, R.Dehaghani, Bristol: Bristol University Press. 2023. pp. 270. £80.00 (hbk); £26.99 (pbk); £26.99 (ebk). ISBN: 9781529214222; 9781529214239; 978152914246

Experiences of criminal justice: Perspectives from Wales on a system in crisis By D.Newman, R.Dehaghani, Bristol: Bristol University Press. 2023. pp. 270. £80.00 (hbk); £26.99 (pbk); £26.99 (ebk). ISBN: 9781529214222; 9781529214239; 978152914246

Combatting Rape Myth Acceptance in United States' Criminal Justice System with Behavioral Economics

Using behavioral economics, this paper aims to analyze how rape myth acceptance presents itself in the form of numerous heuristics and biases throughout various stages of the United States’ criminal justice process that a sexual assault case must progress through. Due to the availability heuristic, inaccurate representation of sexual assault in the media promotes rape myth acceptance (RMA) among the general public, including potential jurors and law enforcement officers. Resultantly, police officers’ decision-making processes while investigating sexual assault reports implicitly discriminate female victims as officers struggle with the downstream orientation phenomenon.. In the trial stage, jurors utilize the representativeness heuristic to process complex case information by comparing the rape victim to a mental prototype shaped by rape myths. This hinders the jurors’ human information processing capabilities. Solutions to rape myth acceptance in the United States’ criminal justice system will be described in order to battle the high attrition rate of sexual assault cases.

An Alternative for Conflict-Based Criminal Settlement Based on Positive Law and Islamic Law

Procedural criminal law proceedings were seen to be ineffective and could even trigger a deeper conflict in Indonesia. This study aimed to identify an alternative for the settlement of criminal acts that originate from horizontal conflicts, based on positive law and Islamic criminal law, considering that Muslims make up the majority of the Indonesian population. This is crucial, considering Indonesia has more than 1,300 tribes and ethnicities. This study used a normative method with a philosophical and conceptual approach. The study results showed that, first, from the positive law perspective, criminal proceedings can be done through restorative justice, such as giving more attention to victims in the criminal justice process; penal mediation; peace; reconciliation, and political decisions. From the Islamic law perspective, settling by forgiveness; Islah; and political decisions are possible.
 Keywords: Alternative; Criminal Act; Conflict; Restorative Justice; Islam

Analisis Hukum Pemenuhan Hak Anak Untuk Memperoleh Diversi Terhadap Problematika Anak Residivis

The purpose of this writing is to identify, study and analyze procedural diversion for children in conflict with the law in the Juvenile Criminal Justice System. In this paper the author uses the normative juridical method. In the conclusion of the discussion, children who are in conflict with the law are considered as legal subjects who are not competent and do not understand what they are doing. Investigation of child cases is carried out by investigators appointed by Decree of the Head of the Indonesian National Police or other officials appointed by the Head of the Indonesian National Police. If the Diversion succeeds in reaching an agreement, the Investigator will submit the Minutes of Diversion along with the Diversion Agreement to the head of the district court for stipulation. Meanwhile, if the Diversion process fails, the Investigator must continue the investigation and transfer the case to the Public Prosecutor by attaching the Minutes of Diversion and minutes of community research. Arrested children must be entrusted to the LPKS. The cost for each child placed in the LPKS is borne by the budget of the ministry that administers government affairs in the social sector. The role of diversion as an effort to protect the rights of children's rights is expected to solve the problems of children who are in conflict with the law. When a child is faced with a formal criminal justice process, it is certain that the child will lose his freedom. By diverting, the freedom of children is still guaranteed, and the deprivation of independence for them can be avoided. Diversion is a very meaningful effort to provide protection for children who are in conflict with the law so that they can fulfill the basic rights of children.

Preventing prosecution: Narratives on proactive policing

Multi-agency partnerships and intelligence-led policing are among the proactive policing strategies used to manage and prevent crime outside the criminal justice process. Drawing on narrative criminology, this article studies the co-constitution of concrete proactive policing methods and the populations and crimes that they are directed at. Further, the article illuminates the variety of distinct approaches that are understood in the studied policing context as ‘preventive’, a term found to be applicable to any police strategy or method that does not involve investigation and is not aimed at building a criminal case for prosecution. Whereas crime prevention effects are considered desirable and achievable, at least in theory, the internal organisational aim to prevent prosecution exerts an influence on how crimes as well as the crime prevention mandate are made sense of and rendered actionable.

The Impact of Covid-19 Pandemic on Effective Electronic Criminal Trials: A Comparative Study

The widespread spread of COVID 19 influenced various aspects of life in all nations across the globe, including the effect on the judicial and penal systems. People were unable to appear in court because lockdowns were implemented; therefore, electronic court is a solution to such a challenge. This article aims to investigate how the widespread COVID-19 epidemic has affected the efficiency of the of electronic criminal justice proceedings. In addition, this article describes the implementation of an electronic criminal justice system in another country due to the Covid 19 pandemic. The research method employed is normative legal research through a statutory approach and a comparative approach between Indonesia and the Netherlands. The study found that the electronic criminal justice system has been implemented quite effectively, despite the fact that it was still encountering obstacles. In both Indonesia and the Netherlands, technological issues have posed obstacles to the implementation of electronic courts for criminal cases. However, the difference lies in the suspect's and attorneys' responses. While Indonesian attorneys viewed electronic court as beneficial, Dutch attorneys argued that it violates the freedoms of the accused.

Parental criminality as an extralegal biasing factor in being processed through the criminal justice system

PurposeFindings from a long line of research have shown that having a criminal parent is related to numerous negative and maladaptive outcomes. Of these negative outcomes, offspring criminal behavior has been among the most commonly examined and most consistently detected associations. Interestingly, research to date has failed to fully unpack this association and examine whether parental criminality is used as an extralegal and biasing factor that could trap offspring of criminal parents in the criminal justice system. MethodsThe current study sought to address this possibility by analyzing data drawn from the National Longitudinal Study of Adolescent to Adult Health. ResultsAnalyses of these data revealed that, for males, having a criminal father was associated with increased risk for being arrested, convicted, and incarcerated even after controlling for low self-control, self-reported delinquency, exposure to delinquent peers, and parental socialization. For females, having a criminal mother and having a criminal father conferred increased risk for all three of these criminal justice processing variables. ConclusionsThis study provides some evidence that parental criminality may have a biasing effect on being processed through the criminal justice system.

상담가가 보고하는 강력범죄피해 후유증의 경과와 효과적인 상담전략

In this study, focus group interviews were conducted with 14 crime victim counselors for thepurpose of exploring the course of the aftereffects of violent crime and effective counselingstrategies. As a result, the severity of the aftereffects and the progression were determined bywhether or not the injury occurred and the frequency of the victim. The demographic variablesinteracted with other variables to affect recovery. The relationship between victim andperpetrator, the frequency of crime, and the secondary victimization, and stress in the criminaljustice process affected the progression of symptoms. Optimism including ego resilience andcourage were associated with positive prognosis, whereas maladaptive personality traits anddevelopmental trauma were associated with negative prognosis. The amount of perceived socialsupport and changes in the living environment and occupational environment affected theprogression of symptoms. The core counseling strategies were therapeutic alliance,psychoeducation, and stabilization training. The most effective counseling technique wasEMDR-Flash. The implications and limitations of study and future research directions werediscussed.

Juridical Analysis of the Application of Restorative Justice in Corruption Crimes in Indonesia

Corruption in Indonesia is still a severe problem and difficult to overcome. Therefore, an adequate alternative solution is needed in dealing with criminal corruption in Indonesia. One such alternative is the application of restorative justice. This study aims to conduct a juridical analysis of the application of restorative justice in acts of corruption in Indonesia, considering the legal principles in force in IndonesiaThe research method used is the normative legal research method. The data sources used are statutory documents, documents related to restorative justice, and legal literature about criminal acts of corruption and restorative justice. The study results are that estorative justice can be a valuable approach in handling corruption cases in Indonesia, but it cannot replace criminal justice processes and criminal sanctions. The research highlights the potential of restorative justice as an alternative, but it also emphasizes the need to overcome implementation challenges and evaluate and monitor its application strictly. This can help restorative justice make a positive contribution to the fight against corruption in Indonesia. Restorative justice can be a useful alternative in handling corruption cases in Indonesia, it cannot replace the criminal justice process and the imposition of criminal sanctions. To make it effective, the challenges in its implementation need to be addressed, and there should be strict evaluation and monitoring to ensure its positive impact in the fight against corruption in Indonesia.

Pertanggungjawaban Pidana Pelaku Pencabulan terhadap Anak yang Dilakukan oleh Anak Ditinjau dari Undang-Undang Perlindungan Anak & Sistem Peradilan Pidana Anak

Children are subjects that cannot be separated from the survival of humans, the nation and the state because children are the next generation of the nation. In line with the rapid development of the times and supported by several factors of juvenile delinquency, low intelligence, minimal education, bad association of children and the mass media (shows that tend to be unfavorable) are the causes of a crime. Crimes that are mostly committed by children, for example sexual abuse. This study aims to determine the process of criminal justice against children who are in conflict with the law and to find out about the criminal responsibility of perpetrators of sexual abuse of children committed by children. The nature of the research used is analytical descriptive with a normative juridical approach. The criminal justice process for children in conflict with the law is carried out by prioritizing the concept of restorative justice to protect juvenile offenders which is currently adopted in Law No. 11 of 2012 concerning the juvenile justice system through the diversion system. Criminal responsibility for children as subject actors must prioritize the principles of protection, justice, non-discrimination, the best interests of the child, respect for the child's opinion, continuity and development of the child, guidance and guidance for children, the principle of proportionality, deprivation of liberty and punishment for children is an effort final or ultimum remedium. Keywords: Criminal Liability, Children, Obscenity

Legal Protection of Children as Victims of Commercial Sexual Exploitation

Commercial Sexual Exploitation of Children is a crime committed against children which is currently happening a lot and is reported in print and electronic media, besides that this crime often occurs within the domestic sphere between villages and cities and even across national borders. Children are the nation's next generation and development successors who should be prepared as subjects for implementing sustainable development and controlling the future of a country. So to find out and examine more deeply about the legal protection of children as victims of sexual exploitation, researchers wish to conduct research on how is the legal protection for child victims of sexual exploitation? This research is a legal research using statutory approach (statute approach) and concept approach (conceptual approach). The results of this study are that the protection of children as victims of commercial sexual exploitation is carried out on the legal basis of Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection according to the principle of lex specialis derogat legi generali. The protection of children as victims of commercial sexual exploitation is carried out in three stages of legal protection, namely the legal protection stage before the criminal justice process, during the criminal justice process, and after the criminal justice process. accompanied by a Legal Counselor from the Social Service for Women and Children. Legal protection for children as victims of commercial sexual exploitation is carried out by referring to the accusator principle, namely by means of persuasion, not by means of violence and prioritizing the rights of the examinee.

COUNTERPRODUCTIVE OF DIVERSION FOR CHILDREN IN CONFLICT WITH THE LAW: THE CONTEXT OF LEGAL IMPOSITION FROM THE PERSPECTIVE OF ISLAMIC LAW

Children are the second generation or first generation. Children who violate the law, especially those related to narcotics or commit criminal acts, are greatly influenced by several other factors outside of themselves. To protect children from the influence of the formal processes of the criminal justice system, human thoughts or legal and humanitarian experts arise to make formal rules for the act of expelling children who break the law or commit criminal acts from the criminal justice process by providing other alternatives that are considered better for children. namely diversion. Meanwhile, Islam provides strict sanctions in the form of ta'zir for drug abusers. This research will use qualitative research that aims to understand a phenomenon that is happening which is observed by researchers. This research was conducted at Polres Parepare because it handles cases of child drug offenders. By means of interviews, observation and documentation. The results of the study show that diversion arrangements to direct narcotics offenders to the future. ). In the analysis of fiqh jinayah, the provisions of Islamic law concerning sanctions for perpetrators of narcotics crimes are minors, in Islamic law, children who are not yet mature, if they commit an act against the law, must be subject to had or ta'zir. I r sanctioned. Because he is not yet (adult) and does not know the rights and obligations in Islam. The fuqaha have agreed that a child who has not reached the age of puberty is not obligatory. Punishment is imposed, if the child commits a sinful act.

Relocation Issues of Released and Acquitted at International Criminal Courts and Tribunals

Abstract The study of the treatment of released and acquitted persons by international courts and tribunals (ICTs) has been one of the most neglected aspects of international criminal justice. The system rests on the cooperation of states with the ICTs. However, this cooperation when it exists, often ceases when the trial has ended. Regarding the objective of delivering justice, states appear to have either forgotten or refused to accept that both acquittals and the eventual release of convicted individuals are part of the process of criminal justice. Even states committed to international justice have denied protection against extradition to unsafe countries for acquitted and released persons, or declined to become host countries, grant asylum requests or take any steps to offer these former defendants and convicted persons a dignified life. This article explores the international legal frameworks applicable to the relocation of persons released or acquitted by ICTs. It specifically looks into the cases of the ad hoc tribunals and the International Criminal Court (ICC), the states parties’ general obligation under the statutes and rules to cooperate with the ICTs, and relevant principles of refugee law. The article explores some of the most recent issues relating to relocation that have shaken international criminal justice. At the International Criminal Tribunal for Rwanda, the recent striking failure to obtain the relocation of nine acquitted and released persons is examined as an emblematic and appalling example of the violation of these persons’ fundamental human rights, and the refusal of the international community to pursue justice in all its aspects. At the ICC, important issues of relocation have already arisen for acquitted and released persons, and the Court will urgently need agreements in this area. Importantly, it is necessary to recognize that, to protect the rights of these former defendants, the practical work of defence lawyers continues long after their clients’ release.

DUE PROCESS IN THE CONTEXT OF COUNTER-TERRORISM “A CASE STUDY FROM IRAQ”

This article provides a critical assessment of the current Iraqi criminal justice process, in counter-terrorism context to give an answer to the question of whether the approach of Iraqi legislator in criminal proceedings meets requirements of security in confrontation against terrorist and international law of human rights. The paper reveals that, there are many welcome procedures on the safeguard of rights and liberties to strike a right balance between providing due process and securing security of citizens while fighting terrorism. However, the problem is the difficulties faced by the state in its endeavor to secure national security against one of the most serious terrorist crimes. What follow is that it may be difficult for security authorities during dealing with these crimes to cope with or realize the wide standards of procedural safeguards and human rights for persons whom may be subjected to criminal investigations. This paper proposes that it may be well to enact new legal provisions or special Act that can expressly provide police with wide-ranging powers so as to arrive the correct strategy in the criminal confrontation against terrorism in the light of international standards. The study adopts qualitative research methods of a doctrinal nature by the analytical method of texts and legal regulations as well as the comparative method is useful to have some lessons from different attitudes by comparing the different legislations of some countries in dealing with the subject.

The Orientation and Implications of New Criminal Code: An Analysis of Lawrence Friedman's Legal System

This study aims to analyze the orientation and implications of the legalization of the Draft Criminal Code (RKUHP) to become Law No. 1 of 2023 concerning the Criminal Code (New Criminal Code) regarding the legal system theory of Lawrence M. Friedman. This research is normative legal research by prioritizing conceptual and statutory approaches. The results of the study confirm that the orientation of Lawrence Friedman’s legal system regarding the ratification of the Draft Criminal Code is that the aspects of legal substance in the New Criminal Code have adopted Indonesian legal values and culture by applying the concept of restorative justice. From the aspect of legal structure, implementing the New Criminal Code in a transitional manner for three years has an orientation to provide socialization. From the aspect of legal culture, the orientation of restorative justice involves the public in the criminal justice process. The implication of Lawrence Friedman’s legal system puts forward the substance of customary law as the applicable law, related to the idea of restorative justice to the affirmation that imprisonment is a last resort. That has implications for the need for judges to understand customary law. From the aspect of the legal structure, the roles of judges, prosecutors and other law enforcement officials are also prioritized to provide the essence of justice in implementing the New Criminal Code. From the aspect of legal culture, the role and participation of the community are essential in efforts to prevent and enforce criminal law in society.

Expert’s Testimony Evidence in the Criminal Justice Process in Indonesia

This study aims to analyze the position of expert testimony as evidence in the criminal justice process. The type of research in this research is normative. The nature of the research is descriptive. The results of his research are that the position of expert testimony as evidence is basically a gate, especially for investigators in determining whether this gate will be opened or not or whether will it last first. What an expert explains is the conclusions from a known situation according to his expertise. Thus, the substance of the expert's statement becomes the investigator's authority to evaluate it at the investigative level. Because, sometimes in the investigation process expert testimony is sidelined because the witness testimony is more dominant, of course, this will affect the process of proving the trial.

Child Victims’ Interactions with Criminal Justice: An Observational Study in West Bengal

Crime occurrence has a serious impact on its victims; the toll is even greater when it concerns children. They have to undergo severe physical, psychological and emotional trauma in the aftermath of a crime. When children interact with the criminal justice system, they are put through the gruelling processes of the police investigation, recording statements, medical examination, appearance in courts, cross-examination and so on. Each component has its own impact on the children, with studies suggesting that participation of children in the ‘adult’ criminal justice process can be confusing, distressing and even re-traumatizing. With international efforts to put victims as salient to the criminal justice discourse, things have changed. Recognizing the ineptness of the adult processes in their application towards justice to child victims, States have modified the complexities and attempted to establish a parallel system of justice dispensation that is more ‘child-friendly’. India, on its part, has passed the Protection of Children from Sexual Offences Act, 2012, to redefine the processes in its application to children, especially in matters of child sexual abuse. Thus, special courts are set up, incorporating special measures to ensure the privacy, confidentiality and comfort of the child victims who appear before them. Based on an observational study of ‘special’ and ‘designated’ courts in the State of West Bengal, the present article indicates that Protection of Children from Sexual Offences Act (POCSO Act) directives are still not in place. The insufficient number of fast-track courts, unavailability of dedicated personnel, infrastructural inadequacies and inappropriate processes still mar the justice system. The article forwards suggestions that are imperative to improve the overall experience of child victims.

Importance of Ensuring Victim’s Right of Participation in Criminal Justice Process: Bangladesh Perspective

The study of the article will try to find out that how the victims of crime are treated in the criminal justice system of Bangladesh. In our criminal justice system, victim’s appearance is overlooked where in reality their presence should be considered a vita point for securing justice. As we know that there is no comprehensive law securing rights and participation of victims in criminal justice system. Moreover victims’ lack of awareness about their rights, unfair treatment towards them and the absence of the rules of law, victims are not getting the proper justice from our judicial system. This research relies on qualitative methods to explore their status, participation and numerous challenges in the justice system and lastly recommends how to make the justice system victim oriented. Keywords: Victim, Criminal Justice System, Participation, Legal Right. DOI: 10.7176/PPAR/13-3-03 Publication date: April 30 th 2023