Criminal Law Reform Research Articles

Comparasion Of Insult Regulation Towards President/Vice President In The Decree of The Constitutional Court

The reform of criminal law in Indonesia, which has become one of the discourses, is the Article regarding insults to the President and Vice President in the 2019 RUUKUHP. The government re-included several articles of insulting the president in the Draft Criminal Code formulation, which the Constitutional Court deleted through Decision Number: 013.022/PUU IV/2006. So the problem in this research is how the policy formulation of offense against the President and Vice President is following the formulation of the RUUKUHP and how the comparison of articles on insulting the President and Vice President in the formulation of the Draft Criminal Code with the Constitutional Court Judge Decision No: 013.022/PUU IV/2006. The research method used is juridical normative based on secondary data through library research data collection and data analysis. The discussion results show that the policy for the formulation of offense against the President/Vice President following the formulation of the RUUKUHP is an effort to provide legal protection to the President/Vice President as a symbol in state life. Comparing articles regarding insults to the President and Vice President in the formulation of the RUUKUHP with the Constitutional Court Decision No: 013.022/PUUIV/2006 have both similarities and differences.

Updating Criminal Law in Civilized Law Enforcement and Social Justice

In essence, criminal law reform is a process of reviewing and reforming (reorienting and reforming) criminal law in accordance with the central principles of Indonesian societies socio-political, socio-philosophical, and socio-cultural values. Law enforcers can realize justice and a civilization that is not weak. This means that the aim of the Indonesian people is justice and a culture that is not passive. It needs straightening and vigorous law enforcement in irregularities because justice must be realized in everyday life.

Updating Criminal Law in Civilized Law Enforcement and Social Justice

In essence, criminal law reform is a process of reviewing and reforming (reorienting and reforming) criminal law in accordance with the central principles of Indonesian societies socio-political, socio-philosophical, and socio-cultural values. Law enforcers can realize justice and a civilization that is not weak. This means that the aim of the Indonesian people is justice and a culture that is not passive. It needs straightening and vigorous law enforcement in irregularities because justice must be realized in everyday life.

A Review of the Old Neonaticide Narrative for Georgian Criminal Law Reform

The article critically discusses the special definition of infant homicide by the mother. Unlike traditional Georgian books, this essay analyzes the causes of neonaticide and its historical, cultural and socio-economic contexts, under the influence of which it has taken the form it has today. The traditional argument for the lenient punishment of neonaticide is the direct link between a woman's psychosis and childbirth trauma, which is criti- cized in this article and supports a new understanding of neonaticide and ways to solve it, which is based on the findings of old and new research on neonaticide conducted in various countries (including Georgia). Therefore, the article supports the position that neonaticide (art. 112) should be abolished because it is sexist and consti- tutes an echo of patriarchal consciousness in law. The position is supported in the article, according to which the medicalization of neonaticide is assessed as a "legal concoction". The article focuses on the causes and contexts of neonaticide, which is important for a critical understand- ing of neonaticide and the development of Georgian criminal law in this regard. Thus, the article supports the view that neonaticide is discriminatory based on the gender and age of the child. The mitigation or complete exculpation should be based on an individual analysis of each case. This re- quires the application of the general provisions of diminished responsibility and insanity and the increase in the practice of examining them concerning neonaticide. Taking into account the analysis of the modern Georgian context, the article supports the change of the mentioned norm in parallel with the promotion and strengthening of the practical realization of women's rights by the state.

The Penal Policy Formulation in Cyberporn Crime Countermeasures

Criminal law reform must refer to the penal policy. The penal policy can be interpreted as holding a selection to achieve the best results of criminal legislation that meets the requirements of justice and effectiveness. Penal policy in the eradication of cyberporn is always associated with the advancement of technology that can not be separated from the development of the society that utilizes internet technology in various fields both in the fields of education, offices, and companies and so on. Through crime countermeasures policies using penal means, the existence of a law is obviously expected to further enhance the repressive function of criminal law. One of the efforts to tackle cyberporn crimes through the penal means is to apply the provisions of applicable laws such as the Criminal Code, Law Number 40 of 1999 concerning the Press, Law Number 32 of 2002 concerning Broadcasting, Law Number 19 of 2016 concerning Information and Electronic Transactions, Law Number 33 of 2009 concerning Film. However, apparently, the law still has limitations to compensate for the increasingly rapid development of cyberporn, including the provision of unclear pornographic restrictions. Therefore it is necessary to have a revision in Indonesian criminal law, especially against the Criminal Code which is a product of the legacy of the Dutch colonial era.

Police Escalation and the Motor Vehicle

This article, prepared for the special issue on investigations, presents an original empirical analysis of the role of the motor vehicle in shaping how officers describe experiencing violence and perceiving danger during vehicle stops. Tens of millions of traffic stops occur every year, making vehicle stops the most common interaction that civilians have with law enforcement. Although traffic stops are commonly described as dangerous settings for police officers, little is known about how the motor vehicle itself shapes officer descriptions, perceptions, and experiences of danger and harm during these stops. The presented findings make at least four key contributions to scholarship and policing law and policy. First, the findings inform unfolding criminal law reforms surrounding the policing and criminalization of traffic offenses, which are major sources of racial disparity in, and net-widening of, the criminal justice system today. Second, the findings prompt questions about whether and when legal actors, and especially actors that regulate the police, should defer to officer danger narratives involving motor vehicles. Third, the findings prompt novel questions about technology and the law, and more specifically, the ability of new motor vehicle technologies to help diffuse officer perceptions of danger that stem from motor vehicles. Fourth and finally, the findings illustrate a need to pay greater attention to the motor vehicle as a source of officer danger and harm in official policing data in order to accurately measure the risks and costs of policing during vehicle stops.

PENYALAHGUNAAN DATA PRIBADI SEBAGAI BENTUK KEJAHATAN SEMPURNA DALAM PERSPEKTIF HUKUM SIBER

This study aims to determine the regulations regarding the legal protection of the use of personal data in an effort to provide legal certainty to the public and the role of law enforcers in preventing criminal acts of misuse of personal data in the future from the perspective of criminal law reform through normative juridical research methods. Based on the results of the research, it shows that in order to create legal certainty, it is necessary to establish a law that regulates specifically, clearly, structured and comprehensively regarding the protection of personal data and harmonizes existing laws and regulations governing personal data protection as well as clear mechanisms related to coordination between enforcers. law. In this regard, the researcher proposes that there should be the formation of norms regulating criminal sanctions in their enforcement as a deterrent effect as well as reconstruction and reformulation of norms in the regulations regarding personal data protection that are currently in effect.

The Role of Doctors in Drug Administration and the Execution of Penal Death

Although until now Indonesia still applies capital punishment, efforts to limit its application are still beingmade, including improving the procedures for its implementation. One way to ensure that the execution ofthe death penalty is still carried out with respect for life is to involve doctors in treatment and the executionof the death penalty. In addition, in the reform of Indonesian criminal law (Draft KUHP), a policy forpostponing death penalty has been formulated. Those sentenced to death are given the opportunity to improvethemselves for a certain time (10 years). If within the grace period the convict can show improvement inhimself, then the death penalty need not be carried out and replaced with deprivation of liberty.

Why Indonesia Maintain Capital Punishment?

The death penalty in Indonesia is still maintained to combat crime within the Indonesian criminal law reform. Although many states have it removed, Indonesia would have the sole discretion to keep it. Despite the opposition, the death penalty application still has a juridical and sociological basis, so it is still legal to be maintained. Indonesia itself has overshadowed the death penalty with a form of legality according to international law so that the position of Indonesia that still maintain the death penalty cannot be blamed. Moreover, sociologically, Indonesian people still accept those who commit an offence who may have profound implications that could lead to the death penalty. This issue is what became the basis for lawmakers in Indonesia to keep it. This research uses the doctrinal method toexamine various regulations regarding capital punishment and non-doctrinal to understand the community's situation related to the existence of capital punishment in Indonesia. The death penalty is a more effective deterrent and therefore prevents crime better. With the death penalty, others were about to commit a similar crime is expected not to commit the crime. The death penalty is more effectively immobilizing offenders. Perpetrators, in principle, still manage to have the desire to commit the crime again after release. The death penalty for perpetrators of crimes is not a violation of human rights, but rather to respect human rights itself, namely for victims of crime. The setting and the application of the death penalty in Indonesia until now is still needed. They are considering that there are still many crimes that undermine humanity's values or the crimes that harm the State and crackdown on corruption in society.

The Concept of Penal Mediation for the Crime of Medical Negligence in Realizing Legal Protection for Medical Personnel and Patients or Their Families

The research objective was to determine the form of legal protection for medical personnel and patients or their families for criminal acts of medical negligence and the form of the mediation concept of penalties for medical negligence. This research uses normative juridical legal research, is descriptive analysis, data sources are primary and secondary legal materials. Medical negligence lies between deliberate and coincidence, the crime of medical negligence is not mens rea, culpa offense is a false offense. The concept of penal mediation for the criminal act of medical negligence is to bring together medical personnel with patients or their families directly, changing the perspective of criminal law towards a humanistic criminal law, because the main focus isn’t on retaliation but on efforts to restore and make peace. The concept of penal mediation isn’t intended to maintain discretionary measures by law enforcers but to provide a place for penal mediation for criminal acts of medical negligence in the criminal justice system in realizing legal protection for medical personnel and patients or their families. The concept of penal mediation in realizing legal protection for medical personnel and patients or their families is a reform of criminal law as a reflection of restorative justice that needs to be regulated and by offering conditional norms. Criminal law reform must be carried out by reviewing and reconstructing criminal law in accordance with the social central values and socio-cultural values of the Indonesian people so that Indonesia's criminal law in the future is filled with Pancasila values.

Мораль и современная социальная реальность = Devlin P. The Enforcement of Morals / пер. с англ. А. Б. Дидикина, О. А. Радченко

In the seventh and final chapter of his «The Enforcement of Morals», P. Devlin elaborates on a several of arguments for his polemic with H. L. A. Hart on issues of the relationship between law and morals. Based on the recommendations of the Wolfenden Committee which proposed a radical reform of English criminal law in the direction of decriminalizing a few of criminally punishable offences with immoral content, Devlin notes their extreme contradiction in terms of protecting the values of public morals. The chapter also criticizes the key arguments of J. S. Mill’s doctrine of the balance of liberty and state coercion

Преступления против правосудия в уголовном законодательстве России эпохи абсолютной монархии

The paper studies crimes against justice in the era of the absolute monarchy of Russia - from the beginning of the XIX century to 1917. The subject of the study is the legislative acts of the Russian state, both containing the norms of the criminal law character dedicated to the protection of the interests of justice, and the actual criminal laws and draft criminal laws that have an independent (autonomous) character. The research methodology was based on specific historical and comparative (comparative-legal) approaches to the legal nature of the institution of joint infliction of harm. The general inductive method is based on the formation of conclusions, which allows us to approach the general principles of the legislative formalization of the institution of joint commission of a crime from particular (casuistic) legislative fragments. In the course of the study, a number of theoretical propositions were identified and systematized. The era of absolute monarchy in Russia, associated with the name of Peter I, is characterized by the beginning of the processes of renewal in criminal legislation. Conceptual approaches to the consolidation of normative material are changing, and the methodology for building norms is being improved. In fact, general provisions are beginning to be formed to the extent necessary for the normal process of law enforcement, although there is still no structural separation. The criminal-legal terminology is changing. The influence of foreign legislation on Russian national criminal law is also undeniable. A serious impetus for changing the conceptual approach to the registration of crimes against justice is the emergence of new legislative acts in the field of criminal procedure regulation. Nevertheless, the criminal law reform carried out over two centuries did not achieve certain general and specific goals, including the full systematization of criminal encroachments on the interests of justice in the Russian Empire.

УГОЛОВНО-ПРАВОВАЯ СИТУАЦИЯ В ОБЛАСТИ ОБЕСПЕЧЕНИЯ ЭКОНОМИЧЕСКОЙ БЕЗОПАСНОСТИ: СОСТОЯНИЕ И ПЕРСПЕКТИВЫ

Considering the criminal law situation in ensuring economic security, the authors pay attention to the need for the state to develop and introduce into the law enforcement activities effective mechanisms to ensure strategic national interests. Based on the analysis of statistical data and the results of various academic studies, a general description of the criminal legal situation in economic security in criminalization and decriminalization, penalization and depenalization is given, and the trend of its development is determined. We pay closer attention to the role of forming a public opinion about implementing criminal policy in ensuring economic security that objectively responds to the existing threats from economic crimes. On the one hand, this shows the insufficiency of the measures taken by the state in assessing the criminal law situation. On the other hand, these data are influenced by social and media factors, as well as the ongoing administrative reform. The authors highlight the features of legal regulation of the law enforcement agencies' activities in the goals and objectives of the criminal policy set for them in ensuring economic security. It is noted that reliable prognostic information makes it possible to implement the wording of high-quality criminal law rules. The content of the criminal legal situation under consideration made it possible to assess the actual state of protection of the country's economic sphere and the quality of counteraction to economic crimes. The analysis of the amendments in the Criminal Code of the Russian Federation over the past decade shows that one trend in modern criminal law reform is a return to the previously known construction of the elements of economic crimes with administrative prejudice. The main vector of criminal policy aimed at increasing the level of economic freedoms, exclusion of the facts of unjustified and illegal prosecution of entrepreneurs in case of nonfulfilment of contractual obligations and the reference of these disputes to the administrative and arbitration spheres has been set. The authors' view on the criminal and legal situation in ensuring economic security gives a full picture of its state and further prospects in resolving the most key issues of the theory and practice of activities in countering economic crimes.

Beijing Convention and Beijing Protocol. Changes in the International and Legal Model for Combatting Aviation Terrorism

The article deals with the issue of the Beijing reform of international criminal aviation law. The author analyses the relevant applicable international law and confronts it with the new legal regulations adopted at the International Civil Aviation Organisation (ICAO) conference in Beijing in 2010. As a result, the author states that the basic change involves the expansion of the catalogue of acts subject to criminalisation as well as the expansion of the circle of persons participating in or supporting actions involving the commission of acts that pose a threat to the safety of civil aviation; the system also specifies the responsibility of collective entities (the so-called ‘Al Qaeda’ clause). The author is deeply convinced that the development of the Tokyo-Hague-Montreal-Beijing system, which is part of the whole international legal system of combatting terrorism, including its financing, is fully justified. The new regulations also make this system more coherent. It is also worth adding that the adoption of the Beijing Convention and the Beijing Protocol is part of the implementation of the Global Counter-Terrorism Strategy adopted by the United Nations.

Striving for Consistency: Why German Sentencing Needs Reform

AbstractGiven the debate at the seventy-second Conference of the Association of German Jurists (Deutscher Juristentag) in September 2018 on whether German sentencing needs reform, this Article will explore this very question in greater detail. In this regard, this Article will present various empirical studies in order to demonstrate that notable inconsistencies in German sentencing practice exist. This Article will then point out that broad statutory sentencing ranges, along with fairly vague sentencing guidance, are among the main causes of these disparities. Subsequently, this Article will examine several mechanisms that selected foreign jurisdictions—namely the U.S., the U.K., and Australia—have put in place in order to enhance consistency in their sentencing practices. Three mechanisms of sentencing guidance will be distinguished here: First, formal sentencing guidelines; second, guideline judgments; and third, sentencing advisory bodies as they operate in some Australian states. This Article will compare these mechanisms and assess their merits and drawbacks. Based on this comparative study, this Article will look at how to improve consistency in German sentencing practice. In this respect, this Article will present three steps that German criminal law reform should follow, including a better sentencing framework, the strategic gathering of sentencing data, and the implementation of a flexible sentencing guidelines regime.

Tanggung Jawab Notaris terhadap Keabsahan Tanda Tangan Para Pihak pada Perjanjian dibawah Tangan yang di Waarmerking

Prostitution cases have emerged as a phenomenon having continuously loaded with law enforcement actions in Indonesia; the modus operandi is getting developed over time. The case that is currently trending is the case of online prostitution. Although prostitution cases have been set forth in the Criminal Code and online transaction-related legal provisions can be found in the Electronic Information and Transaction Law (ITE Law), however, online prostitution cases are in fact difficult to eradicate. This is due to the condition that only the procurers or procuresses can be held liable for the acts, while sex workers (commercial sex workers) and the online prostitution service users cannot. This indicates that the prostitution-related legal arrangement needs to be reconstructed, and for that, the present study has an urgent force to be carried out to review the online prostitution regulations as well as the legal politics to eradicate prostitution, particularly regarding the criminalization of sex workers (commercial sex workers) and the online prostitution service users. This study applies a normative law research method design. The results of the study show that the Criminal Code does not regulate the conviction of commercial sex workers and online prostitution service users, so they cannot be held criminally liable for the act. If the online prostitution-related regulations outside those in the Criminal Code are examined further, sex workers and their service users can be charged with the ITE Law, but the rule is still general in nature - regulating prohibitions that violate decency. Regulations on prostitution can also be found in Regional Regulations (Perda), but not all regions have or issue the regulations on Prostitution, so their enforcement is limited to the territory. The political law that can be learned from this fact is the reform of criminal law through the synergy of the draft of Criminal Code concept through criminalization and the provision of criminal threats against commercial sex workers and the online prostitution service users so that they can be held criminally liable for (penalization).

Harassing the Public in the Guise of Investigation May Lead to Anarchy: Analysis of Kantamaneni Ravishankar v. State of Andhra Pradesh

At times, when personal liberty has become a dream for many citizens in India, a judgement like this brings a ray of hope, for one can live with hope even in dungeons before hopelessness kills them. In 2003, R.K. Raghavan had observed that the police would continue to do the politicians’ bidding unless certain basic reforms were enacted. Thus, only after untying the knot that keeps the politician and the police together, India will have rule of law, and justice for all. However, unless criminal law reforms question the power imbalances in the system, the exercise will only end up ‘beautifying the facades.’ The complete freedom enjoyed by the police forces must be diminished by modern reforms by fixing strict and vicarious liability against policemen, for the sake of liberty and the rule of law. One must ask, what lies in law for the victims of indiscriminate policing or police brutality? The Supreme Court in Prakash Singh v. Union of India directed the States to establish Police Complaints Authorities at the State and district levels, so that departmental or criminal action against a delinquent police officer would be binding, among several other directions for police reforms. However, the directions of the Supreme Court have fallen on deaf ears. Thus, are the police liable for ignorance of the law, or are they challenging the legitimacy of the Supreme Court ruling(s)? In such a deplorable state of policing, the Courts often come to the rescue of individuals being targeted, one such case being the topic of our discussion herein, viz. Kantamaneni Ravishankar v. State of Andhra Pradesh. I shall discuss the judgement in its entirety and retrieve as it is the authorities relied upon therein, in the subsequent parts of this article.

Consent, Rape and the Criminal Law

The story of US criminal rape law reform tends to be told as one of remarkable feminist success (between 1970–1990, feminist-led coalitions changed state laws so that rape ceased to be a crime requiring force and resistance and became instead a crime that only required sex without consent) followed by widespread stagnation. Despite comprehensive changes in the law, reporting rates, prosecution rates and conviction rates for rape increased only slightly. This essay resists that binary account of success and failure by offering a more nuanced assessment. First, it explores the full range of factors hindering the reporting, prosecution and conviction of rape crimes, including the role played by social norms. Second it argues that, by changing rape’s definition to an inquiry focused upon whether the victim consented, the law has facilitated a shift in cultural and institutional norms governing unwanted sex. In short, the law’s message that unwanted sex is wrong matters. It is naive to think that a change in law would, on its own, end rape culture. But there is ample evidence to support the conclusion that rape law reform has played a central role in reducing society’s tolerance of the rape prerogatives that have held sway for millennia.

A failed attempt to radically reduce inter-court sentencing disparities by legislation: Empirical evidence from Poland

Sentencing disparities are widely covered in the literature on common law countries. In comparison, the literature on sentencing disparities in civil law countries is less extensive, and the literature is even more scarce in post-communist countries. Nevertheless, sentencing disparities exist in all of these countries. One of the goals of the 2015 criminal law reform in Poland was to limit sentencing disparities. This study compares trial outcomes from before and after the reform. We examine files from district courts in 13 cities in Poland for two offences: drug possession and drunk driving. Our findings demonstrate that there are significant differences in sentencing across courts, even in courts that are situated in the same city. The reform has changed the structure of the punishments but has not radically reduced sentencing disparities.

Post-2013 Reforms of the Chinese Courts and Criminal Procedure: An Introduction

This is the introductory chapter of an edited volume which combines a wide range of analytical perspectives and themes in order to investigate questions that link institutional changes within the court system and legal environment with developments in criminal procedure law. The chapter begins with a review of the literature on post-2013 legal institutional reforms before turning to the context and content of procedural law changes and court reforms. It then discusses the role of the SPC as an initiator of criminal procedure amendments and promoter of legal institutional reform. The most significant change in the judicial structure, that caused by the introduction of the supervision commissions, is examined from the perspective of ongoing court reforms and the balance of power amongst the various actors within the judiciary. The chapter then turns to the criminal procedure law reforms enacted in 2012 and 2018, discussing the new mechanism of pre-trial detention, the criminal justice reform goal of ‘trial-centredness’ and criminal reconciliation in public prosecution cases. As the contextual factors of criminal trials often have a decisive impact on the trial outcome, such factors as performance evaluations of courts and judges and media scrutiny of criminal cases are subsequently analysed. Finally, the chapter concludes with a summary of the key issues and findings of the volume as a whole.