Codification Of Criminal Law Research Articles

Historical and Current Perspectives on the Criminal Codes as Guarantees of Legal Security in Slovakia

The author describes two crucial periods in Slovak legal history from the perspective of the principle of legal security in criminal law. Firstly, the 19th-century Criminal Code, known as the Csemegi Code, is at the center of attention as it ended the centuries-long legal insecurity resulting from the lack of criminal law codification. The author analyses its leading principles as the safeguard of legal security. In contrast, the second part of the article focuses on the second codification of criminal law in Slovak legal history, the Criminal Code of 1950. The author demonstrates how the totalitarian regime destroyed the principle of legal security in criminal law in Slovakia, only slowly rebuilding it after the death of Joseph Stalin through amendments in 1956 and new legislation in 1961. The current Slovak Criminal Code and Criminal Procedure Code have been in effect since 2006. In conclusion, the author draws attention to how the latest changes in criminal law codes caused turbulences and worries over the principle of legal security in Slovakia.

Position for the Formulation of the Principle of Ultimum Remedium in the Criminal Law Codes in Various Countries

Position for the Formulation of the Principle of Ultimum Remedium in the Criminal Law Codes in Various Countries

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).

السياسة الجنائية والاقتصاد: مظاهر وحدود التأثير والتأثر، قانون الأعمال في التشريع المغربي نموذجًا

Economic development in the modern era has led to the emergence of crimes different from traditional crimes that affect the national economy and develop alongside the development of the economic and social life of individuals and societies. This has prompted legislators to enact legal rules regulating these matters. The Moroccan legal system related to trade and business has witnessed a radical transformation over the past decade, represented by the amendment of a set of commercial legal texts and the enactment of new ones, as classical criminal law does not accommodate this number of transformations, especially in the field of business. This study discusses the extent to which the Moroccan legislator has succeeded in controlling business crimes at the level of concept and specificity, and at the level of criminalization and punishment, and the effectiveness of the legal texts included in the criminal law for business in framing and combating business crimes. It aims to approach this topic and suggest possible solutions to address it. It deals with business crimes looking at criminal legitimacy, privacy, and procedures for research and proof in business crimes. The study concluded that the technical characteristics of the business field negatively affected the formulation of criminal rules and texts for business, especially with regard to the use of broad terms that carry many legal meanings. There is duplication in the texts regulating the field of business, as well as duplication in the bodies that carry out legislation, and confusion among Moroccan legislators in formulating legal texts related to the field of business due to combining the Latin and Anglo-Saxon schools. The study recommends the need for the independence of criminal law for business, by creating special provisions within codification independent of the codification of criminal law, the need to limit the arbitrary use of authorization, and the need to reduce the intensity of criminalization in the field of business, by adopting a clear and deliberate policy to limit criminalization, limit punishment, and expand the scope of penalties while being inclusive of all the guarantees prescribed for criminal penalties.

Role Of Visum Et Revertum And Provision In The Process Of Civil Action And Proposal Of Coveration (Study Resolution Number 50/Pid.Sus-Kids/2023/Pt Medan)

Proof is the most important thing in the judicial process, it is used to find the material truth that is the complete truth of a criminal case. In proof there are various means of proof such as testimony of witnesses, expert testimonies, letters, instructions, and indictments of the accused. In criminal acts of persecution, asylum, and murder, visum et repertum is often used as a means of proof in its proof. The study aims to identify and analyze the role of visum et repertum (ver) in the proof of a criminal offence under the Code of Criminal Procedure Law (KUHAP), and the function of visa et repertrum (ver), in the study of judgment No. 50/pid.sus-anak/2023/pt field). This research includes a type of normative jurisprudence that is supported by empirical research to obtain accurate or valid data. Based on the research carried out on the case study of judgment No. 50/PID.SUS-ANAK/2023/PT MEDAN) No.1267/ PID/B/2010/PN.JKT.BAR, it is a legal proof tool that has a connection to the judge in particular in decision-making. Nevertheless, the judge is free to judge the truth contained in the evidence of a letter issued by such an expert. Therefore, in deciding a matter, return to the judge himself, which is to be based on the reasoning and consideration of the law. Furthermore, as one of the means of proof referred to in article 184, paragraph (1) of the Covenant, the visa et repertum shall be the discretion of the judge and shall be used as a guideline or as a grip in delivering a sentence against the offender. For in the testimony of the expert, the testimony of the judiciary called Visum et repertum, so clearly described what really is the cause of a crime, whether it is persecution, serious injuries if resulting in death.

Legal Analysis Regarding Donation Fraud Through Online Media

Indonesia already has regulations in place to regulate digital fraud matter, but these regulations have not been able to accommodate current needs. The novelty in this research is that this research discusses current issues where fraud is carried out using sophisticated technology, namely through cyberspace, even fraud can also be carried out for the reason of a good cause, namely making a donation. The purpose of this study is first, to analyze the laws governing online donation fraud. Second, to identify cases or phenomena regarding fraud that occur online and resolve these cases. then through this research can produce a recommendation or legal solution will be found in overcoming the online fraud case. The method in this study is normative juridical which uses a statutory approach consisting of laws, namely Law Number 9 of 1961 concerning Collection of Money or Goods, Government Regulation Number 29 of 1980 concerning Implementation of Contribution Collection. Then the data collection technique is through literature studies and studies through fraud cases that have occurred. Based on the results of the research, it was found that online donation fraud cases are currently being tried using the criminal law code and the law on information and electronic transactions. However, the two regulations have different elements of fraud and sanctions. Even though Indonesia has a regulation that specifically regulates the collection of donations, however, these two regulations do not regulate the forms of donations that can be made online. Keywords : Scams; Donations; Online.

The Prosecution of Atrocity Crimes in the Great Lakes Region of Africa, between Accountability Logic and Political Strategies

Abstract Several efforts have been undertaken to uphold the liability for atrocity crimes in the Great Lakes Region of Africa. Even though the International Criminal Court, the International Criminal Tribunal for Rwanda, and domestic courts opened proceedings against alleged perpetrators of atrocity crimes in the Democratic Republic of Congo, Central Africa Republic, Uganda, Kenya, Sudan, Burundi, and Rwanda, these prosecuting efforts are viewed as pursuing political strategies. Based on documentary analysis and an online research survey, this research paper shows evidence of accountability logic and political strategies. Although the undertaken efforts are in line with the logic of accountability, they remain under the influence of political strategies. The research findings highlight that political strategies have been influencing criminal law codification and its enforcement.

Autocratic Legalism in the Formation of Legal Products During Jokowi’s Administration: A Critical Analysis of Article 218 Of Law Number 1 Of 2023 Concerning The Penal Code

There is a problem of legal products in Indonesia with the ratification of Law Number 1 of 2023 on the Criminal Law Code, which is the emergence of an article that prohibits attacking the honor or dignity of the President and Vice President. This article is allegedly an embodiment of an autocratic legalism. The issue raised is how autocratic legalism in the formation of legal products occurs in the era of the Jokowi administration and what are the legal implications. This research aims to describe autocratic legalism, analyze Article 218 of the latest Criminal Code, measure the legal impact, and recommend future improvements and changes. This research is a doctrinal or normative juridical research with qualitative analysis using statutory and case approaches. This research method is descriptive analysis. The results of this study illustrate that autocratic legalism is a dangerous understanding. The application of this understanding in Indonesia during the Jokowi administration is the existence of Article 218 of the latest Criminal Code Law which prohibits everyone in public from attacking the honor or dignity of the President or Vice President. This article is not based on legal principles. As a result, it creates repressive laws and the protection of human rights is neglected. So, it is necessary to try to stop this autocratic legalism by maintaining the independence of law enforcement officials, institutional reform of political parties, and creating collective popular control.

THE SIGNIFICANCE OF DAMAGE – A CRIMINAL ACT AS PART OF THE ILLEGAL LOGGING OF TREES AND SHRUBS

The paper deals with the criminal act provided for in Article 303 of the Criminal Code of Georgia for unlawful felling of trees and bushes, the amount of damage caused to the environment, the procedure for its calculation and the significance of the damage. It will be discussed what constitutes and how the essential component of the disposition of the Article – substantial damage is calculated. Where is the line drawn between criminal and administrative responsibility? What kind of damage can be caused by the illegal cutting of trees and shrubs, and what are their implications for investigations, prosecutions, and courts? The paper is novel since other scientific works do not identify the subject of our study, and there are few studies of damage in textbooks or comments to the private part of the Criminal Code. The damage caused to the environment differs from the damage imposed for crimes with other material components provided by the criminal law code; its amount decides the basis of administrative or criminal law in a specific case. Therefore, the scientific study of the issue has practical significance. The scientific paper aims to clarify the essential component for the composition of Article 303 of the Civil Code – the study of the issue of compensation for damage and to create a correct understanding of the problematic issues raised around it.

Bonifica Umana: the psychoanalysis of human reclamation

The concept of land reclamation has often been associated with a metaphorical meaning that extends it to the reclamation of human beings, i.e. in Italian, bonifica umana. This short essay departs from a famous statement by Sigmund Freud who, inspired by a well-known Dutch case, likened the work of psychoanalysis to that of reclaiming land from the sea. The essay then goes on to discuss the policies of reclaiming land under Fascism in Italy in the 1930s, the work of bonifica. Such work was soon called a process of bonifica integrale and finally of bonifica umana, with which it was intended as a proper programme of ‘human reclamation’, based on the eugenic ideas of medical scientist and researcher Nicola Pende as well as in the new Code of Criminal Law inaugurated by the regime in 1930. In other words, in the same way in which, according to Freud, the rational agency of the ego is supposed to emerge, with the help of psychoanalysis, from the chaos of the id, so too the programme of comprehensive and human reclamation was supposed to develop a new rational fascist society and humanity from the pre-existing ‘deadly marshes’, which would metaphorically represent the chaos of social and human life before the establishment of the new fascist regime. Finally, this essay considers the question of whether such views are inherent to the general direction of Western rationalism or are historically confined to Fascism.

Penerapan Pasal 49 Ayat 1 Kuhp Dalam Tindak Pidana Penganiayaan (Studi Putusan No.32/Pid.B/2021/PN DGL)

Introduction: Perpetrators of persecution should be subject to punishment as stipulated in the criminal law code, Article 351 Paragraph 1 of the Criminal Code. The defendant abused the victim, the torture was carried out in a forced defense because he felt his safety was threatened.Purposes of the Research: So it raises the problem of how to apply noodweer in Article 49 Paragraph 1 of the Criminal Code as a reason for abolishing the crime? What are the juridical consequences in the judge's consideration of the forced defense of the crime of persecution.The purpose of the study is to find out the application of noodweer in Article 49 Paragraph 1 of the Criminal Code as the reason for the abolition of the crime. To find out the juridical consequences in the judge's consideration of the forced defense of the criminal act of persecutionMethods of the Research: The problem approach used is the conceptual approach, statutory approach and case approach. The legal materials used are primary legal materials and secondary legal materials. Collection of legal materials using literature and then analyzed using quantitative analysis methods.Results of the Research: Based on the results of the research and discussion that the application of noodweer when viewed from the cases taken by the author has been implemented properly and is used as one of the reasons for abolishing a crime, where the reason is a justification but not a reason that justifies the actions of the perpetrator who violated the law, but rather someone is forced to commit an act punishment can be forgiven because there was a violation of law that preceded the act. However, not all actions that are considered as self-defense can be accepted by criminal law as a reason for criminal abolition. Because an act in the noodweer context must comply with the elements specified in Article 49 Paragraph 1 of the Criminal Code. The defense outside the elements specified in Article 49 Paragraph 1 of the Criminal Code is still possible for the offender to be subject to a criminal sentence. That there are no legal consequences for the perpetrators who are considered to have fulfilled the elements in Article 49 Paragraph 1 of the Criminal Code which says: "not convicted, whoever makes a defense is forced to himself or others, the honor of decency or property of himself or others, because any imminent attack or threat of attack at that time would be against the law.” If an act does not meet the elements in that article, then the perpetrator can be criminalized because it is not included in forced defense.

The Criminal Law, the Intelligence and Security Act and the Protective Security Requirements

New Zealand was a pioneer in the codification of its criminal law. The Criminal Code Act was passed in 1893, after a lengthy gestation period. The work owed its origins to law reform activities in India, a tendency spread from India to other British jurisdictions, notably Canada and parts of Australia, but never England. The requirement that common law offences were no longer valid and criminal offences had to be clearly defined in statutes passed by Parliament became accepted orthodoxy here and never questioned. But it is possible, as this article argues, that New Zealand has forgotten the legal implications of its own history of codification. This article argues that s 78AA of the Crimes Act 1961, inserted by the Intelligence and Security Act 2017, is in breach of the codification principle. The vice of the provision is that the content of the Protective Security Requirements is dependent upon the actions of the executive and what it posts on the Internet, not upon law passed by Parliament. It is submitted that the present situation is poor legislative practice and leaves the state of the law in doubt. For security issues to be handled in this fashion is less than satisfactory in a free and open society. The article goes on to analyse the background of New Zealand's criminal law codification and outlines the extensive range of the modern law dealing with the intelligence agencies and how it has expanded in recent years. This history of the agencies is briefly canvassed, including controversial features that have arisen in the past. It concludes that remedial action is necessary and mentions work that is going on within the executive to bring about change. It concludes that issues of legality, human rights and the agencies deserve careful attention and require analysis of the risks to an open society from these developments.

Perusakan di Lingkungan Publik (Vandalisme)

This study aims to determine the legal arrangements related to vandalism in the criminal law code (KUHP) in Indonesia, the social, economic and environmental impacts of vandalism in the public environment, law enforcement against acts of vandalism in the public environment, as well as a comparison of legal arrangements and handling cases of vandalism in Indonesia with other countries. The results of this study reveal that legal arrangements related to vandalism in Indonesia involve the creation, implementation and enforcement of legal rules that regulate the relationship between individuals, groups and institutions in society. The Indonesian Criminal Code (KUHP) provides relevant articles to deal with acts of vandalism, with a variety of sanctions depending on the circumstances of the case. Acts of vandalism in the public sphere have broad and complex impacts in social, economic and environmental aspects. Socially, vandalism disrupts social harmony and undermines community values. From an economic perspective, vandalism causes significant financial losses for owners of damaged facilities. In the environmental aspect, vandalism affects public awareness of environmental protection. The effectiveness of law enforcement against vandalism still requires improvement in terms of investigations, fair court decisions, and community cooperation with law enforcement officials. Doodling is classified as vandalism because it is against the law and has widespread negative impacts, including social, economic and environmental impacts.
 Keywords vandalism, legal arrangements, legal effectiveness

Offense of Contempt Against Government in Law Number 1 of 2023 Concerning Criminal Law Code From Constitutionalism Perspective

The reform of criminal law in Indonesia has gone through a long process so it came to the enactment and promulgation of Act number 1 of 2023 concerning the Criminal Law Code which revokes the colonial heritage Criminal Law Code. However, as a newly legal product, of course, there are legal issues in it, which is related to the offence of contempt against the government which includes executive, legislative and judicial powers. Specifically for contempt against the President and Vice President, a judicial review has been submitted to the Constitutional Court and ruled unconstitutional, but it has been re-enacted in the Criminal Law Code. So, based on this premise, this research analyzes how the offence of contempt against the government is in Act number 1 of 2023 concerning the Criminal Law Code and whether the offence of contempt against the government is contrary to the principles of constitutionalism. This study uses legal research methods. So, the results of this research are first, that the offence of contempt against the government is contained in Articles 218-220 concerning attacks on honour or dignity and humiliation of the government and or state institutions which are regulated in Articles 240 and 241. Second, these offences are contrary to the principle of constitutionalism which states that power must be limited so that the recognition, respect, and protection of human rights can be properly manifested. So that the state should not regulate the offence, moreover the offence related to contempt of the President and Vice President has been adjudication unconstitutional by the Constitutional Court.

Comparative Study on Criminal Penalties According to The Perspective of Islamic Criminal Law and The Indonesian Criminal Law Code

The issue of punishment in Islam is by raising one type of punishment that is often not brought to the surface, namely the fine (diyat) as an alternative type of punishment. Sentencing also costs a lot of money, for example in the costs of court proceedings, imprisonment, parole, consultation centers that must be attended, and collection of fines. The method used in this research is a normative juridical comparison between Islamic Law and the Criminal Code (KUHP). The research specification used is descriptive analysis. The data collected and processed to support this research used library research which was processed qualitatively. All of our data is separated by data that is relevant or irrelevant to this research. The results of the research and data analysis in this study state that: first, in Islamic Criminal Law there is no such thing as a complaint offense, all jarimahs, be it hudud, qishos, diyat, and takzir, are all ordinary offenses. Adultery in Islamic law is not a complaint offense, whereas in the Criminal Code Article 284 the crime of adultery is a complaint offense, and is included in the category of absolute complaint offense. Second, in proving adultery in Islamic criminal law, it is proven by four things: testimony, confession, qarinah (indication), and li'an. However, this is not the case with the Criminal Code, because the criminal act of adultery is included in the category of an absolute complaint offense, there must be a complaint beforehand so that the offense can be processed

PEMBERANTASAN PEREDARAN MINUMAN KERAS DI WILAYAH POLRES PROBOLINGGO

Abstrack
 
 The rampant circulation of liquor certainly causes unrest for most of the people, therefore the Government makes a rule regarding the prohibition of the circulation of liquor which consists of Article 300 paragraph 1 and 204 paragraph 1. of the Criminal Code. The approach method used by the author is empirical juridical. The data collection technique used by the author is by means of interviews, documentation studies sourced from related local regulations,. In this study, the authors use primary, secondary, and tertiary data analysis. Efforts to overcome the circulation of liquor by conducting raids, taking action and enforcing the law against violations of the circulation of liquor are guided by the Code of Criminal Law (Kitab Undang-Undang Hukum Pidana). Criminal) and Probolinggo Regency Regional Regulation NO 4 of 2019 concerning the supervision and control of the circulation of alcoholic beverages in Probolinggo Regency.
 
 Keywords: Eradication, Liquor

Comparative Study on Criminal Penalties According to The Perspective of Islamic Criminal Law and The Indonesian Criminal Law Code

The issue of punishment in Islam is by raising one type of punishment that is often not brought to the surface, namely the fine (diyat) as an alternative type of punishment. Sentencing also costs a lot of money, for example in the costs of court proceedings, imprisonment, parole, consultation centers that must be attended, and collection of fines. The method used in this research is a normative juridical comparison between Islamic Law and the Criminal Code (KUHP). The research specification used is descriptive analysis. The data collected and processed to support this research used library research which was processed qualitatively. All of our data is separated by data that is relevant or irrelevant to this research. The results of the research and data analysis in this study state that: first, in Islamic Criminal Law there is no such thing as a complaint offense, all jarimahs, be it hudud, qishos, diyat, and takzir, are all ordinary offenses. Adultery in Islamic law is not a complaint offense, whereas in the Criminal Code Article 284 the crime of adultery is a complaint offense, and is included in the category of absolute complaint offense. Second, in proving adultery in Islamic criminal law, it is proven by four things: testimony, confession, qarinah (indication), and li'an. However, this is not the case with the Criminal Code, because the criminal act of adultery is included in the category of an absolute complaint offense, there must be a complaint beforehand so that the offense can be processed

Review of Islamic Law and the Criminal Code Against the Practice of Adultery

Punishment has also been determined This article aims to describe the review of Islamic law and the criminal law code against the practice of adultery. A very bad act not only from an Islamic point of view but also from the point of view of the Criminal Code. However, by using the method of comparative analysis found differences between Islamic Law and the Criminal Code in defining the term adultery and its legal consequences. Sexual relations between young couples are not categorized as adultery in the Criminal Code because they are not currently in a legal marriage bond. The Criminal Code also does not ensnare adulterers who do not comply with Article 27 BW even though they are in a legal marriage bond. In addition, if the husband or wife of the adulterer gives permission to his partner to commit adultery, then Article 284 cannot prosecute him. Meanwhile, in the view of Islamic law, every sexual relationship outside of legal marriage ties is categorized as an act of adultery, and the in the Koran

IS LIFE IMPRISONMENT WITHOUT PAROLE OR COMMUTATION AN EFFECTIVE ANTI-CORRUPTION MEASURE FOR CHINA?

New legislation adopting a tough criminal stance on the crimes of corruption and bribery responds to the need for strengthening Chinese anti-corruption work. The ninth amendment to the Chinese Criminal Law Code, which adds life imprisonment without parole or commutation, has received broad support from all sectors of society. The aim of the amendment, as stated by the legislature, is to safeguard judicial fairness and prevent criminals convicted of the most serious corruption offences from having their prison sentences shortened through commutation. This stated legislative aim is not acceptable. Whether from the perspective of deterrence or alternative measures to the death penalty, the approach of adding life imprisonment without parole or commutation in order to punish the corrupt is not ideal. This article argues that, given the particular nature of crimes of corruption and given the disadvantages of life imprisonment without parole or commutation, restraint in the use of the death penalty does not mean that life imprisonment has to be used as an alternative measure. Moreover, the death penalty with a two-year reprieve is sufficient for realising retribution and prevention as aims of punishment.

REFORM OF THE CRIMINAL LAW OF ACTIONS ABOUT THE MISUSE OF FIRE WEAPONS IN INDONESIA

Since March 8, 1946, the Criminal Code has been used as criminal law in Indonesia, although changes have been made several times in the criminal law code. It is now realized that the Criminal Code is no longer able to accommodate the aspirations of the people who are developing rapidly due to several factors. The development of crimes that occur in society is also evidence that the Criminal Code does not provide legal protection to the community. In analyzing criminal law, one must pay attention to the social norms and standards that have been established and applied by the criminal law. As a result, social norms turn into legal norms. In the context of a democratic society, congruence eventually occurs between various social norms, through social ethics and legal norms. The development of punishment raises the idea or principle of punishment, making the convict a subject rather than an object so that he views the convict as a whole human being. by the Indonesian people, which has received social attention as a result of the search for alternative punishments for other independence crimes.