Violations Of Criminal Law Research Articles

Dualistic View in the Formulation of Criminal Offenses in the National Criminal Code

This article discusses the shift in criminal law perspectives in Indonesia from monist to dualist within the National Criminal Code (Kitab Undang-Undang Hukum Pidana or KUHP). The term "pidana," originating from the Dutch word "straf," is defined as the punishment imposed by the state for criminal law violations. Since the colonial era, Indonesia inherited Dutch criminal law, which underwent reforms starting in 1958. These reforms were driven by the need for a better criminal legal framework in line with societal developments. The aim of criminal law reform is to achieve legal certainty, justice, and utility. The reasons for reform are influenced by political, sociological, psychological, and practical aspects. Reform efforts include legal discoveries through interpretation, analogy, and legal refinement, covering substantive, structural, and cultural aspects of the law. The National Criminal Code of Indonesia has shifted its perspective from monist to dualist. Monist theory unifies the wrongful nature and culpability as elements of a criminal act, while dualist theory separates them. The National Criminal Code affirms this separation but still formulates the subjective element of negligence in specific criminal acts. This shift in perspective has implications for law enforcement processes in courts. Prosecutors are not required to prove intent, and courts must balance criminal acts and criminal liability. However, there is a need for the development and understanding of these concepts by law enforcement, legal advisors, and judges to maintain a balance between legal certainty and justice. In conclusion, the National Criminal Code adopts a dualist perspective to strengthen the role of criminal law. The separation of criminal acts and criminal liability is expected to enhance the balance between legal certainty and justice in criminal court decisions in Indonesia.

The The Principles and Implemetation of Case Settlement Through Aceh Customary Courts Process

Aceh customary courts have principles for resolving cases in reducing customary civil and criminal cases that occur in society, especially disputes that are not included in the formal justice system. This research aims to examine the principles underlying the resolution of cases through customary courts in Aceh, as well as how these principles are applied in the practice of resolving customary cases. By using a normative legal method, the resolution of customary cases in Aceh has its own principles that reflect the characteristics of customary law lives in Acehnese community (ureung Aceh). The principles of resolving cases through Aceh customary justice are principle of peace, justice, musyawarah and mufakat (mediation and negotiation), sincerity and willingness, fast, easy and cheap, openness, kinship, equality before the law, and guidance. The application of the principles of case resolution in the Acehnese customary justice process is a necessity. Acehnese community want cases to be resolved peacefully because this method has been a tradition passed down from generation to generation. The term for peaceful resolution of cases called suloh. Customary law does not distinguish between acts that are violations of civil law and violations of criminal law so that civil cases and criminal cases are decided simultaneously in a trial that is not separate. The use of the principle of musyawarah and mufakat in the implementation of customary justice has a very important role and determine whether or not the trial can be held.

Application of Corporate Crime Sanctions in Pornography Crimes (Study of the Porn Film Industry and Trade)

The development of information and communication technology has contributed to the increase in the creation and dissemination of pornography which has had a negative influence on the morals and noble personality of the Indonesian people. In relation to the era of globalization, the existence of a corporation has a big contribution to the interests of the country and its citizens. The existence of corporations is often accompanied by violations, including violations of criminal law, one of which is the case of the pornographic film industry and trade. The authors examine the criteria for criminal acts of pornography which are classified as corporate crimes and how sanctions are applied for criminal acts of pornography as a corporate crime. This research uses normative-empirical juridical methods and analytical descriptive research specifications. Based on the research results, it can be concluded that the criteria for criminal acts of pornography which are classified as corporate crimes are non-violent, corrosive effect, and have a very detrimental impact on society at large. The industry and trade in pornographic films is a form of criminal corporation/organization, and there has never been a court decision regarding sanctions for corporate criminal acts applied to cases of criminal acts of pornography. Efforts that can be made to overcome this problem are to harmonize the definition of a corporation, create clear criteria for corporations as subjects of criminal law, need to hold Focus Group Discussions (FGD) among academics and law enforcement officials, and apply sanctions against perpetrators of criminal acts of pornography which are classified as corporate crimes.

범행현장에서의 특별사법경찰관의 절차상 의무와 영상촬영의 적법성에 대한 검토

Unlike ordinary judicial police officers, special judicial police officers have the dual status of being enforcement officers for administrative criminal law violations and special judicial police officers for criminal proceedings, and it is a peculiarity that whether an investigation falls under administrative or criminal proceedings depends on the specific case at the time of initiation of the investigation, and the applicable law at each stage. Therefore, the applicable law and procedural obligations may vary depending on the nature of each specific act, and the special investigative police officer should fully consider this when making a judgment on the admissibility of evidence collected by the special investigative police officer. In addition, our precedents have recognized the legality of video recording by investigative agencies as a method of evidence collection at the scene of a crime, emphasizing that it is a substantial method of recording in a public place, and [the subject judgment] ruled to the same effect. In the reality that there is a growing need to regulate the verification behavior of investigative agencies according to the new compromise theory beyond the conflict between arbitrary and compulsory investigation theories, the point of precedent is extremely appropriate.

On Significant Violations of the Law that Influenced the Outcome of the Case

The paper examines debatable issues of content when considering in cassation proceedings caused by incorrect application of significant violations of the criminal law and significant violations of the criminal procedural law that influenced the outcome of the case. The types of violations of criminal and criminal procedural laws that are recognized by the courts as significant and influencing the outcome of the criminal case are shown. It is substantiated that the grounds established in the law for the court of cassation for canceling and changing a sentence that has entered into legal force do not contain any uncertainty and are interpreted uniformly by courts of general jurisdiction. Identifying significant violations of the criminal and criminal procedural law that influenced the outcome of the case, the cassation court is obliged to check if lower courts comply with the requirements of the criminal procedural law on establishing the factual circumstances of the criminal case, the requirements of the procedural form, the correct application of the criminal law when qualifying the actions of the defendant, the requirements of the criminal the law on the fairness of the imposed punishment, the correctness of resolving issues of compensation for damage caused by a crime, the correctness of determining the type and amount of punishment, the type and regime of a correctional institution, fulfillment of the requirements for a court decision, etc. It is concluded that checking the legality of a sentence or other court decision involves checking its validity, motivation and fairness, without which it is impossible to determine the correct application of criminal and criminal procedural law by the courts.

Implementasi Hukum Adat Sebagai Penanganan Restorative Justice Dalam Membangun Sistem Alternative Penyelesaian Hukum Pidana di Indonesia

In the implementation of the resolution of criminal law violations in customary courts, it is felt to be very effective in dealing with many criminal cases through a restorative justice approach which theoretically relies on values that are characterized by Indonesian harmony, balance and conduciveness to ensuring shared life in society. Therefore, all forms of recognition of customary law must be carried out through acceptance and granting legal status related to the existence of its implementation in areas where the application of customary law is very strong. This research is a qualitative type of research with a normative conceptual and juridical approach. The data source was obtained by examining positive legal norms in the form of applicable laws and customary law norms. The conclusions that can be drawn from this research are: In customary justice it is not considered as non-formal justice outside of the judiciary under the State judiciary institution. The Supreme Court is on par with other customary justice bodies. Customary justice is something that actually occurs in the midst of society, therefore the basis contains the principles of restorative justice which focuses on resolving criminal cases outside of court so that the value of justice can be accepted by each group and individual in the customary law that occurs in Indonesian society.

Peningkatan Kesadaran Hukum Masyarakat: Memahami Perbedaan Tindak Pidana Penipuan dan Penggelapan

Embezzlement is the act of dishonestly hiding someone else's property without the owner's knowledge with the intention of transferring ownership, control or use for other purposes. This is considered a type of financial fraud and a violation of criminal law. The crime of fraud is broader than inclusion. Although embezzlement is limited to goods or money, fraud also includes granting debts or writing off receivables. Fraud and embezzlement are considered relative offenses and can be revoked. However, the case will continue to be examined at the investigation, prosecution and trial stages, even though compensation has been paid. Relative offenses are considered ordinary offenses related to the family. If the victim does not file a complaint, then the violation becomes a complaint offense and can only be prosecuted by complaint. Distinguishing between criminal acts of fraud and embezzlement can be determined by the elements of each. An act can be considered fraudulent if it meets the criteria as intended in Article 378 which contains elements of fraud. Conversely, fraud may involve debt or write-offs of receivables. This element is often carried out through repeated seduction or promises to deceive the victim. Fraud has a wider scope than participation which is limited to goods or money in accordance with Article 372 KUPIdana. Any individual or community making purchases must follow the correct payment methods and comply with legal guidelines.
 Keywords: Public Legal Awareness, Crimes of Fraud, Crime Embezzlement

Association Between Medication Compliance and Various Risky Behaviors in Patients With Schizophrenia

To investigate the status of medication adherence and various types of risky behaviors of schizophrenia patients in a certain area of western China and to explore accordingly the correlation between the two. A total of 292 667 patients with schizophrenia were enrolled in a follow-up survey between 2006 and 2018. In addition, based on the outcome-wide analysis strategy, a multivariate Cox proportional risk regression model was used to estimate and compare the impact of medication adherence on different types of risky behaviors in schizophrenia patients. In this 13-year prospective cohort, 65 175 patients (31.4%) showed good medication adherence, while 142 394 patients (68.6%) showed poor medication adherence. The incidence rates of various risky behaviors during the follow-up period were as follows, minor nuisances, 12.25%, violation of the Law of the People's Republic of China on Penalties for Administration of Public Security (APS law), 3.82%, violation of criminal law, 0.94%, suicide completed, 0.28%, self-harm, 1.42%, and attempted suicide, 0.82%. Schizophrenia patients who had poor medication adherence had higher risks of committing violence against others and self-inflicted injury compared to patients with good medication adherence did, with the associated effects being minor nuisances (hazard ratio [HR]=1.31, 95% confidence interval [CI]: 1.27-1.35), violation of APS law (HR=1.47, 95% CI: 1.38-1.56), violation of criminal law (HR=1.17, 95% CI: 1.05-1.31), and self-harm (HR=1.43, 95% CI: 1.32-1.56), respectively, while the risk of suicide completed is lower in schizophrenia patients with poor medication adherence than that in patients with good medication adherence (HR=0.56, 95% CI: 0.47-0.66). There was no statistically significant association between attempted suicide and medication adherence. There are variations in the direction and strength of the association between medication adherence and different types of risky behaviors and further research is needed to elucidate the mechanisms of the association.

Criminal proceedings

Offences that break the rules in the area of criminal law will lead to conflicts in criminal law, and to this end, the judiciary must resolve criminal proceedings. Criminal conduct can be reviewed and analysed from the perspective of substantive, substantive law, procedural law and formal law. With the adoption and promulgation of criminal law, a criminal legal relationship was formed. Defending social values and imposing certain behaviors, on the other hand are individuals. Laws or laws covered by the provisions of the Criminal Code. The state has the right to prosecute without observing the rules of criminal law, which is an important part of criminal proceedings. When committing a crime, the judicial department exercises its right to defend social values by promoting criminal behavior, so virtual laws have been substantially transformed and are becoming active, and criminal proceedings have begun to restore law and order. Criminal procedure is a right, from a procedural perspective, it is an abstraction and it is a lever to exercise this right. In criminal law governing criminal acts, the prosecution of conflicts caused by violations of criminal law is implicitly institutionalized to prosecute those who commit such acts. Criminal disputes, as a legal means of transmitting conflict reports to court, already exist in the legal norms of criminal law, but have become a specific means and can be used. The consequence of committing an unlawful act is the use (exercise) of the act. Until the moment when the illegal act is committed, the act conferred by the legal norms practically exists as a legal power of creation. From that moment on, the act can be exercised, that is, a power with real effect.

Law education for students of Muhammadiyah Pujotomo Junior High School Mertoyudan Magelang to reduce juvenile crime

Child delinquency often leads to criminal behavior. Students involved in this case in juvenile law are known as Children in Conflict with the Law (ABH). Based on BPHN data for the 2020-2022 period, the number of ABH is 2,338 people. The three types of crimes that are mostly committed by children are theft, narcotics, and abuse. The purpose of this program is to provide legal counseling so that students understand which actions fall into the category of violations of criminal law, the types of legal sanctions, and the length of time the sentence has been served. The methods used are lectures, education and discussion. The results obtained from this program are students are able to understand what actions are included in criminal law violations. In addition, students are encouraged to strengthen their character by being brave in rejecting bad friends' invitations, being careful in choosing friends, not playing late into the night, and not being easily provoked.

PENGUATAN INSTRUMEN PERLINDUNGAN HAM DALAM PEMBAHARUAN KUHAP UNTUK MEWUJUDKAN CITA NEGARA HUKUM

According to the 1945 Constitution, Indonesia is a state of law. Law violation must be prosecuted according to the rules of applicable law. Violation of criminal law, its enforcement through criminal procedural procedures. Criminal Procedure Code needs to be updated because of its many weaknesses. Criminal Procedure Code reform must guarantee the achievement of the ideals of a rule of law state. This study aims to reveal a model for strengthening human rights protection instruments in the reform of the Criminal Procedure Code. This research is a normative study using secondary data, in the form of primary, secondary and tertiary materials. Data collection techniques with library research. The analysis was carried out prescriptively with the deduction method. The results show that in the reform of the Criminal Procedure Code the instrument for protecting human rights is strengthened because Indonesia has ratified several international conventions, including the Covenant on Civil and Political Rights (ICCPR). The Criminal Procedure Code must comply with several ICCPR provisions, including regarding detention by investigators as short as possible and immediately brought before the judge, stipulating the right to remain silent as an embodiment of the principle of non-self-incrimination. Keywords: Criminal Procedure Code Reform, Human Rights Protection, Rule of Law.

DISKRESI PENYIDIK KEPOLISIAN DALAM PENYELESAIAN PERKARA PIDANA MELAUI JALUR NON LITIGASI

Law enforcers in the Criminal Justice System are tasked with enforcing the law and aiming to tackle, prevent or foster and reduce the occurrence of crimes or violations of criminal law, as well as making people's lives safe, peaceful, controlled and synergistic.
 Each component in the Criminal Justice system has the authority to screen cases starting at the investigative level in the form of police action which in practice is called investigator discretion. Police investigators use their discretionary authority to make efforts to settle cases outside the criminal justice system. The process of terminating an investigation carried out by an investigator is a form of police discretion, namely an authority exercised by the police based on their judgments and beliefs by prioritizing moral considerations rather than legal considerations.

KEBIJAKAN TINDAK PIDANA TERHADAP PELAKU PENGGELAPAN MOBIL SEWA DI CV ALIF TRANS

The development of information technology has now changed people's lifestyles, including in transportation. Various transportation developments both online and in person. Many people live a luxurious lifestyle to show that they have a different class but not everyone can meet these needs because of expensive prices and car maintenance. So many rental car rentals, but it is very unfortunate that in practice rental services are targets or targets of crime by people. irresponsible. This is marked by the frequent occurrence and criminal acts of car fraud or embezzlement committed by users of car rental services. Embezzlement is someone who abuses rights or abuses trust where the trust is obtained without any elements against the law. Car embezzlement is one of them. an unlawful act that may be subject to a criminal offense. The case occurred in the Cerme sub-district, Gresik district, in the ALIF TRANS car rental, in the agreement the tenant rented for 1 month but after one month the car was not returned, it turned out that the car was pawned on the other side. This is a violation of criminal law. This crime is an unlawful act committed by tricking or hiding a rented car from the owner. In this article, we will explain the articles in the Criminal Code that can be applied in cases of embezzlement of rental cars, such as Articles 372, 1548, and CHAPTER XXVI. The method used in this study uses a type of normative juridical research, namely research according to the book of laws Criminal Code. There is a need for a policy approach that must be taken, namely a combination of efforts to deal with crime with a penalty (after it has occurred) and (before it has occurred). Penal efforts or criminal policies are divided into penal efforts and non-penal efforts, penal efforts are efforts that are repressive after a crime has occurred, while non-penal efforts are crime prevention efforts that focus more on preventive efforts.

Is the Use of Nominees in Any Form Illegal?

The use of nominees in investment has occurred in daily business activities. The nominee is deemed to have violated the existing regulations. Several incidents of the use of nominees have taken the world by storm. The use of nominees has involved several world leaders. The purpose of this study is to ascertain the history of the use of nominees in investment and to determine whether the use of nominees can be classified as money laundering or tax evasion. This study employs a normative juridical methodology. This study concludes that the use of nominees is motivated by money laundering and tax evasion. A nominee may be a trustee or a special purpose vehicle. However, using nominees may result in criminal sanctions if the funds are obtained through criminal acts. Investors and the names used can be considered perpetrators of criminal law violations. The resolution of nominee and money laundering problems must accompany the standardization of population data and tax data. Banning the use of nominees does not solve the problem.

Implementation of Community Activities Restrictions During The Covid-19 Pandemic in Criminal Law Perspective

Minister of Transportation Regulation Number 25 of 2020 on Transportation Control during the Idul Fitri Homecoming Year 1441 Hijri in the context of Preventing the Spread of COVID-19. This Regulation of the Minister of Transportation Number 25 of 2020 regulates the transportation system during the Large-Scale Social Restrictions (PSBB) implementation, especially related to the 2020 Idul Fitri Homecoming. The formulation of the problem in this study: first, how could the elements of actions be categorized as violations of criminal law norms? second, could the violation of the prohibition of homecoming be categorized as a violation in the criminal law?. The purpose of this study is to find out that violations of the homecoming ban have met the elements that can be categorized as violations of criminal law norms. The research method used normative legal research for this research and used the Theory of Legal Effectiveness for the theory. This study concludes that: First, an act that can be categorized as a violation of criminal law, then there must be elements of a criminal act, both from a theoretical and legal point of view. Second, that the Ministerial Regulation (Permen) cannot contain criminal provisions.

Juvenile Delinquency in Semarang City: Aspects of Protection and Law Enforcement in Socio-Legal Approach

Juvenile delinquency includes all behaviors that deviate from the norms in society, status violations, and violations of criminal law. Violations of status such as running away from home, skipping school, smoking, drinking, illegal racing, and so on. Violations of this status are usually not recorded in quantity because they are not legal violations. While the so-called deviant behavior against the norm includes premarital sex among teenagers, abortion, and so on. This study aims to analyze the phenomenon of juvenile delinquency from a sociological juridical perspective in the city of Semarang. The method used in this study is a mixed method between empirical and normative studies. This method is used to answer substantially the juvenile delinquency case within the legal framework in the city of Semarang.

Pertanggungjawaban Pidana atas Kegagalan Pengawasan Obat: Studi Kasus Gagal Ginjal Akut Pada Anak di Indonesia Tahun 2022

This study aims to analyze the relationship between the neglect in drug control and the potential for criminal liability in cases of acute kidney failure in children that occurred in 2022. This is a normative legal research which the objects are legal actions by the government and drug manufacturers within the framework of public policy, and the potential violations of criminal law within them. The results of this study conclude that law and public policy share a close link, that the author considers that in the case of administering drug control there has been a negligence which caused fatalities. In addition, both legal subjects in the form of officials who are authorized in the field of drug control while in circulation and producers can be subject to criminal liability as regulated in a number of statutory regulations. This study recommends immediately strengthening the oversight function of drug distribution by the government by accelerating the ratification of regulations, as well as prioritizing criminal law enforcement with a justice orientation and victim recovery for negligent officials and corporations.

Responsibility for violation of safety rules during mining or construction works (Art. 277 of the Criminal code of the Republic of Kazakhstan)

The article is devoted to the legal analysis of Art. 277 of the Criminal Code of the Republic of Kazakhstan on liability for violation of safety rules during mining or construction work. The study showed that the public danger of this act in the presence of a number of unfavorable factors (organizational, legal, technical, etc.), the low effectiveness of the preventive measures taken is steadily increasing. The paper presents the dynamics of this type of violation of labour protection rules over the past five years, the importance, theoretical and practical significance of establishing the type of work carried out and the specific point of the violated safety rules for the correct qualification of the act is noted. Taking into account the doctrine of criminal law and examples from judicial practice, the most characteristic types of violation of safety rules during mining or construction work, signs of the subject of criminal law violation and its difference from other related criminal law violations are indicated. Keywords: violation of safety rules, mining and construction work, criminal liability, legal regulation.

Distinguishing everyday evil: Towards a clinical inventory of extreme and outrageous behaviors, actions and attitudes

Everyday evil is seen in a broad range of scenarios of intended behaviors that are often not violations of criminal law, but nevertheless cause significant and enduring personal and emotional harm. For this reason, the manifestations of everyday evil have pressing psychiatric import. Here, we propose the Welner Inventory of Everyday Extreme and Outrageous (WIEEO) for use as a screening inventory in clinical settings. The WIEEO contains 14 items within four categories: Physical and Emotional Damage, Exploitation, Extending Damage, and Extinguishing Goodness. Five items of “Physical and Emotional Damage” account for enduring life impact from said damage, and material effects that amplify emotional impact as well. Three items of “Exploitation” highlight the significance of not merely the actor's exploitation itself, but also the defenseless vulnerability of the victim. Four items that comprise the “Extending Suffering” category lengthen the impact, involve unusual dimensions, reflect creative social deviance in intent, or extend to additional parties. The two items of “Extinguishing Goodness” focus on the impact of decaying the otherwise prosocial or benevolent character of another and spawning everyday outrageousness in someone who would not have otherwise acted as such. These items have assumed relevance to the WIEEO through research and clinical settings that reveal their significant impact and psychological morbidity. The WIEEO serves as a marker for behaviors that warrant closer clinical attention to intervene, treat and detoxify such situations and the motivations of such malignant behavior before it further traumatizes or damages others.

Sądy społeczne w systemie wymiaru sprawiedliwości Niemieckiej Republiki Demokratycznej

Social courts in the German Democratic Republic, as constitutional judicial organs, guaranteed the direct participation of citizens in the exercise of state power. They played an important role in the judicial system and in fact became the courts of the lowest instance. They settled disputes in the field of labour and civil law and adjudicated in cases of violations of criminal law. In retrospect, they can be assessed as a special type of court typical of the socialist system, the decisions of which were primarily of educational and preventive importance.