Criminal Procedure Law Research Articles

Law Enforcement Against The Criminal Act of Forgery of Documents By a Notary In The Perspective of Law No. 30 of 2004 Concerning The Implementation of Administrative Sanctions or The Notary's Code of Ethics

The existence of a notary as a witness or even as a suspect, if it is related to the existence of his position in the legal field which is intended to support the smooth running of a law enforcement process, including the judicial process, would not be a problem, in other words, it is only natural for a notary to act as a witness or even as a suspect in a judicial process. On the other hand, a notary in carrying out his position as a public official, apart from being related to a position regulation, is also related to the oath of office which he takes when appointed as a notary where the notary is obliged to keep the contents of the deed and information he obtains confidential as regulated in Article 4 Paragraph ( 2) Law Number 30 of 2004 concerning the Position of Notary which states that, I will keep confidential the contents of deeds and information obtained in the performance of my office. Further Article 54 Paragraph (1) of Law Number 2 of 2014 concerning Amendments to the Law -Law Number 30 of 2004 concerning the Position of Notary Public explains that a notary can only give, show, or notify the contents of the deed, grosses deed, copy of the deed or excerpt from the deed, to people who have a direct interest in the deed, heirs, or people who have acquired rights, unless otherwise determined by statutory regulations. The exercise of the right to keep secrets related to one's position is also regulated in criminal procedural law, civil law, and the Criminal Code. Article 170 Paragraph (1) of the Criminal Procedure Code states that those who because of their work, dignity, or position are required to keep secrets, can ask to be released from exercising their right to provide information as a witness, namely about matters entrusted to them. This type of research is Normative research. The approaches used are a statutory approach and a conceptual approach. The data source used is secondary data. Data analysis was carried out descriptively and qualitatively. Concluding is carried out using a deductive method from general to specific, especially those related to the research topic, namely law enforcement against the crime of document falsification by notaries in the perspective of Law no. 30 of 2004. This research resulted in the findings of Law Number 30 of 2004 in conjunction with Law Number 2 of 2014 concerning the Position of Notaries which regulates that when a Notary in carrying out his official duties has committed a violation that causes a deviation from the law, the Notary can be subject to sanctions in the form of sanctions. Civil, Administrative, Code of Ethics for Notary Positions. These sanctions have been regulated in such a way both previously and now in the Law on the Position of Notaries regarding the Code of Ethics for the Notary Position profession where there is no description of criminal sanctions but rather the organization of the Notary Supervisory Council which has the authority to impose punishments on notaries. Notaries in carrying out their official duties do not close the possibility of being in contact with legal issues, even though carrying out the duties has been done carefully and by statutory provisions

The Legal Status of Victims of Sexual Violence in International, European Union and Domestic Law

The study describes the concept and the legal status of the victim of sexual violence in view of the fact that the definition of victim in criminal procedure law is not the same as the broader definition of victim used in criminology at domestic or international levels. The Me Too movement drew attention to a problem in 2017 that is still waiting to be solved years later: preventing and eradicating violence against women, as well as making the role of the victims during procedure and their legal options more effective. A brief, overview categorization of this legal situation shows what emerging tendencies can be discovered in the European Union’s legislative process nowadays, and based on these, what the problematic areas are in domestic law where change is needed.

Benefits of Collaboration Between the Corruption Eradication Commission of the Republic of Indonesia and Higher Education Institutions in Monitoring Corruption Crime Trials for Higher Education Institutions and Courts

In order to create a clean and transparent judiciary as a form of achieving legal objectives (certainty, usefulness and justice) the Indonesian Corruption Eradication Commission is collaborating with several universities throughout Indonesia to carry out audio and visual recording of Corruption Crime trials. The aim of this activity, apart from being a form of monitoring from the judicial side, is also to be used as study material for students involved in this recording activity to deepen their study of criminal procedural law. This research produces a study in the form of empirical data on the benefits of recording corruption trials. In the research, it was stated that this trial monitoring activity was systematically carried out because in legal substance it had received legal recognition. The results of the study found that the implementation of KPK supervision in handling corruption cases in the regions was able to be realized well.

DURATION OF CRIMINAL PROCEEDINGS: HUMAN RIGHTS AND JURISDICTION ASPECTS

Duration of criminal proceedings is one of the most important issues in the theory and practice of Latvian criminal proceedings. Unlike the limitation period for persons in pre-litigation proceedings, the Criminal Procedure Law does not contain such a time limit for proceedings. This raises the question of the possible improvement of the legal framework, from a jurisdictional point of view and from a human rights point of view. The Article analyzes the standards of length of proceedings, their impact on the rights of the involved persons and legitimate interests’ realization, as well as the impact on jurisdiction. Methods used to create an Article: analytical sociological observation method, induction and literature analysis method. The final conclusion is that in the course of the lengthy proceedings, there are risks to the parties right to a fair hearing within a reasonable time, the role of the prosecutor in preparing the case for trial, as well as the problem of the organisation of work in the courts of first instance. Amendments to the Criminal Procedure Law and Law “On Judicial Power” are proposed.

COMPARISON OF PLEA BARGAINING IN THE UNITED STATES WITH “SPECIAL LINE” IN THE DRAFT BOOK OF CRIMINAL PROCEDURE CODE (KUHAP) IN INDONESIA

Plea Bargaining is a faster and more efficient way of resolving criminal cases, where if the Defendant has admitted guilt, the Defendant or his attorney can make an agreement with the public prosecutor regarding the form of indictment and a lighter sentence. Plea Bargaining is widely embraced by Common Law countries. However, in its development, the success of the United States in reducing the pile of cases by using Plea Bargaining has been followed by Civil Law countries such as Germany, France, Russia, Georgia, the Netherlands, Italy, Taiwan. Even in an effort to reform the criminal justice procedural law, Indonesia has also adopted the basic concept of Plea Bargaining into the Draft Criminal Procedure Code with a concept called "Special Line". However, the concept of the Special Line has many differences so that it cannot be fully equated with the Plea Bargaining adopted by the United States. This is because Indonesia adheres to an inquisitorial system, not an adversary system. For this reason, Indonesia needs to study the successes and failures of Plea Bargaining in the United States, so that the Special Line concept that is to be implemented in Indonesia is a concept that has been adapted to the conditions of the criminal justice system in Indonesia.
 Keywords: Plea Bargaining, Special Line, Guilty Confession

Information and digital technologies in jury trial of criminal cases in Russia

It is difficult to overestimate the role of the institution of jurors in criminal procedural law, since due to its existence the possibility of people's participation in the justice process is realized. The process of forming the jury bench and their direct participation in criminal cases in practice is possible with the use of various information technologies. In the rapidly changing socio-political situation in society, the participation of representatives of the people in administaring justice is impossible without modern information and digital technologies. The expansion of the scope of jury activities and extension of their competence to the categories of criminal cases under the jurisdiction of not only regional, but also district level, predetermined the study and analysis of problems arising in the formation of the jury panel and organization of their activities in the trial in the traditional and remote format as the purpose of the study. The following tasks are defined: to identify, with the help of information and digital technologies, the reasons for the low activity of the population in realization of the right to participate in justice administration; to determine the strategy for screening candidates and their subsequent preparation for participation in court session; to solve organizational problems of implementing new forms of this institution of criminal justice in the Russian Federation. An attempt has been made to update the scientific position regarding the process of formation and further activities of the jury panel in criminal proceedings based on the available digital and information capabilities. Implementation of the results of the work is possible both for practitioners of the judicial system and for researchers in the field of criminal procedure envolved with formation, development and improvement of the institution of jurors. It can be concluded that transformation of forms of criminal proceedings taking place in the modern world, emergence of new technologies, penetration of digitalization into all spheres of human life have significantly affected the genesis of popular representation in justice administration in criminal cases and become an integral part of it, requiring legal certainty.

Penegakan Hukum Tindak Pidana Pemerasan Dengan Ancaman Dalam Pembangunan Properti Di Kota Padang

Crime is committed in various forms and developments. One of the things that occurs in society and receives little attention is the crime of extortion and threats. In Padang City there are cases of criminal acts of threats in property development. This was done by thugs under the pretext of security money. This is of course detrimental and requires action by the police. The formulation of the problem in this research is how to enforce the law against the crime of extortion with threats in property development in Padang City and what are the obstacles faced by the police in efforts to enforce the law for the crime of extortion with threats in property development in Padang City. The research method used is empirical legal research supported by field research at the Padang City Police Department by interviewing sources. Based on the results of the research, it shows that law enforcement for the criminal act of extortion with threats in property development carried out by the police is carried out by: 1. Repressive law enforcement through action based on the provisions of the criminal procedure law. 2. Preventive law enforcement, namely by prevention. The various obstacles faced by the Polresta Padang include limited personnel, the public accepting the practice of criminal acts of extortion with threats, criminal acts often occurring in remote areas and minimal reporting from the public

«Other» persons as participants in secret investigators (detective) actions (criminal control)

Goal. The purpose of the work is to study the current legislation that ensures the legality of secret investigative (search) actions. The author of this work substantiates the illegality of using the materials of secret investigative (search) actions to prove the guilt of a person if an unauthorized person was involved in conducting such investigative actions. Method. The methodology includes a comprehensive analysis and generalization of the available scientific and theoretical material and the formulation of relevant conclusions. During the research, the following methods of scientific knowledge were used: comparative-legal, logical-grammatical, systemic-structural, modeling. The results. In the process of research, it was established that persons who are not employees (employees) of operative divisions of law enforcement agencies, who are not allowed to the state secret, cannot participate in secret investigative (search) actions, but authorized persons who conduct such investigative actions can use information received from "other" persons. Evidence obtained in violation of the procedure for conducting secret investigative (search) actions must be declared inadmissible by the court. Scientific novelty. With regard to the development by scientists of the topic of involving persons not admitted to state secrets in secret (investigative) investigative actions, this topic is new. In the process of research, it was scientifically proven that the involvement of unauthorized persons in conducting such investigative actions is a violation of current legislation. Practical significance. The results of the research can be used in law-making activities for the further improvement of the national criminal procedural legislation regarding the improvement of the institution of the use of covert investigative (search) actions, in the practical work of law enforcement agencies, the defense side, the administration of justice, as well as in the educational process during the teaching and learning of academic disciplines "Criminal Procedural Law of Ukraine" and "Advocacy".

Visual surveillance of a person: Legality issue

The relevance of the study stems from the legal ambiguity surrounding specific aspects of visual surveillance utilised by law enforcement agencies, journalists, private detectives, and other individuals with a need for it. The purpose of the study is to identify indicators that can differentiate between legal and illegal covert visual surveillance of individuals in public spaces, establish the circumstances under which such surveillance should be deemed a criminal offence, define the specific aspects of documenting this offence, and explore methods of proving the guilt of those responsible. Historical-legal, formal-legal, logical-normative, logical-semantic, sociological and statistical research methods are applied in the study. The criteria for the legality of covert visual surveillance of a person in publicly accessible places are: its conduct by authorised subjects (investigators or employees of operational units); implementation only within the framework of criminal proceedings (or proceedings in an intelligence gathering case); the existence of a decision of the investigating judge on permission to conduct visual surveillance of a specific person; strict compliance with the requirements of the Criminal Procedure Law regarding the procedure for conducting visual surveillance and restrictions established by the decision of the investigating judge. It is found that representatives of civilian professions can conduct visual surveillance in publicly accessible places only in an open way. Covert visual surveillance of a person to collect information about them constitutes a criminal offence consisting in violation of privacy. To bring illegal observers to criminal responsibility, factual data indicating the purpose of visual surveillance (collecting confidential information about a person), motives, time, place, means of committing the crime, and other circumstances are collected during the pre-trial investigation. The practical value of the paper is the possibility of using the obtained data to prevent illegal actions of private detectives, journalists, and other entities who secretly collect information about a person through visual surveillance, and to ensure effective investigation of such activities.

Compliance with the principle of equal finding the truth in criminal proceedings – "sine qua non" principle

Criminal procedural law includes a series of fundamental and specific principles and strict rules according to which the judicial bodies have the obligation to find out the truth in the criminal process.
 Finding the truth is subject to the collection of evidence related to the facts and circumstances of the case, the suspect, the defendant, as well as the other parties and the injured person.
 In order to fulfill this principle, it is necessary to comply equally with other basic rules embodied in the presumption of innocence, the right to defense, respect for human dignity, in fact all the rules that govern the conduct of the criminal process.
 Searching, discovering and finding out the truth are, in essence, the elements of a knowledge process. We can conclude, therefore, that any criminal trial fundamentally represents an extensive process of knowledge.

DISCUSSING THEORETICAL RESEARCH DIRECTIONS ON DEALING WITH CORRUPT CRIMES AND RECOVERY CORRUPT ASSETS

The article analyzes the current theoretical research on criminal procedure law policy and criminal procedure theory in dealing with corruption offenses and corrupt property recovery. On that basis, it suggests orientations for researching criminal procedure law policies, orientations for researching the theory of criminal procedures in dealing with corruption offenses and improving the efficiency of corrupt property recovery.

State compensation to the victim in criminal proceedings is an integral component of the just resolution of criminal legal matters

"In recent years, there has been attention, both at the international and national levels, on the protection of the rights of victims of criminal offences. The first article of the Criminal Procedure Law outlines the objective of criminal proceedings, namely, to establish a procedural order that ensures the effective application of Criminal Law norms and the fair regulation of criminal legal relations without unjustified interference in a person’s life. One of the key elements of this fair regulation of legal relations is recognising the victim’s right to compensation for the harm suffered. A person who has been a victim of a criminal offence has the right to state compensation, as well as the right to seek compensation within the framework of criminal proceedings, which will be collected from the guilty party. It should be noted that legislative acts provide the opportunity for the victim to both receive state compensation and demand it from the guilty party. Keywords: State compensation, Victim, Criminal proceedings."

Digital Forensics and Computer Crimes: The Case of North Macedonia

Abstract The subject of the research refers to the aspect of digital forensics and computer crime and the latter is one of the reasons for the evolution of crime in general. Based on the growing trend of technology development and the increase in the number of digital crimes, a special emphasis is given to the statistical aspect of computer crime as well as measures to reduce the impact of computer crime, including the ethical and legal aspects in the Republic of North Macedonia (RNM). To conduct this research, statistical data on computer crime in RNM from 2011 to 2020 were used, based on historical data of analysis, as well as comparison, correlation, and the ANOVA-test. The highest number of crimes were registered in 2020 and a special feature is that a positive linear trend can be observed during the last decade. “Damage and unauthorized access to a computer system” took the first place in computer crimes according to the Criminal Procedure Law.

The crime of domestic violence and the crime of child abuse. Link, probation standard

The significant increase in the number of crimes of domestic violence, maltreatment of a child, particularly and unfortunately in general and especially during the SARSCOV-2 pandemic, affecting one in three women in the European Union (Explanatory Memorandum to the Proposal for a Directive of the European Parliament and of the Council on combating violence against women and domestic violence, COM(2022) 105 final[1], requires these types of crimes to be tackled from different perspectives. The same is true of child abuse offences, which in practice often raises the question of the standard of probation and the judge's margin of discretion. From this perspective, this study aims to analyse the link between these offences, as well as the fulfilment of the condition of proving the offence “beyond any resonable doubt”, within the meaning of criminal procedural law and the requirements of the European Convention on Human Rights and Fundamental Freedoms, without dealing with this standard of proof in particular, the concept being the subject of future studies.
 
 [1] https://eur-lex.europa.eu/legal-content/RO/TXT/HTML/?uri=CELEX:52022PC0105

STUDI PERBADINGAN KEWENANGAN PENYIDIKAN PIDANA BERDASARKAN SISTEM PERADILAN INDONESIA DAN SINGAPURA

Investigation is a substantial first step in the law enforcement process. Indonesia and Singapore apply different legal systems to reform criminal procedural law need to be carried out through comparative studies. The problem formulation is what are the similarities and differences in criminal investigation authority based on the Indonesian and Singaporean legal systems. The research method was carried out normatively with the nature of the research using analytical descriptiveness, the type of data used was secondary data, qualitative data analysis and conclusions were drawn based on the deductive logic method. The results of the research and discussion are that investigations in Indonesia are regulated in the Criminal Procedure Code, while in Singapore they are regulated in the 2010 Criminal Procedure Code, there are exceptions regarding special criminal regulations. In conclusion, the same investigative authority is carried out by the police, there are exceptions regarding the investigation of special criminal acts where the investigator is from the relevant agency even though the police are also the investigator, differences in the legal systems used by the two countries, differences regarding the time to be accompanied by a lawyer, and there are differences time period submission of case files to the prosecutor's office.

Benefits of Collaboration Between the Corruption Eradication Commission of the Republic of Indonesia and Higher Education Institutions in Monitoring Corruption Crime Trials for Higher Education Institutions and Courts

In order to create a clean and transparent judiciary as a form of achieving legal objectives (certainty, usefulness and justice), the Indonesian Corruption Eradication Commission collaborates with several universities throughout Indonesia to carry out audio and visual recording of Corruption Crime trials. The aim of this activity, apart from being a form of monitoring from the judicial side, is also to be used as study material for students involved in this recording activity to deepen their study of criminal procedural law. This research produces a study in the form of empirical data on the benefits of recording corruption trials. In the research, it was stated that this trial monitoring activity was systematically carried out because in legal substance it had received legal recognition. The results of the study found that the implementation of KPK supervision in handling corruption cases in the regions was able to be realized well.

Editorial: A trialogue on regulating data-driven criminal procedure

This editorial introduces a special issue on the challenges of regulating data-driven criminal investigations, in light of the interplay – or rather, the lack thereof – between criminal procedure law and data protection law. The aim is to bring together scholars from both fields, to facilitate mutual understanding and to present ideas on better aligning these bodies of law to form a comprehensive normative framework. In data-driven investigations, police typically assemble large data sets to build an information position, followed by automated analysis to detect patterns and find evidence of potential crimes. The shift from traditional targeted, “case-seeks-evidence” investigations to data-driven untargeted, “evidence-seeks-case” investigations challenges the current normative framework. Discussing this challenge and the insights offered by the six contributions to this special issue, the authors identify multiple problems: people in criminal law lack knowledge of and therefore undervalue data protection law; data subject rights do not function well in the criminal procedure context; there may be an increasing emphasis on instrumentality in criminal law, at the cost of legal protection; criminal law strongly focuses on legal protection of suspects, particularly during trial, and does not cope well with investigations that never end up in court, nor with the protection of innocent citizens whose data are now also pervasively processed as by-catch in criminal investigations; and the law has relatively strong norms on data collection, but not on data analysis. The way forward lies in evolving towards a system that does not only protect suspects and victims but that systematically incorporates the rights of innocent thirds; developing an integrated and conclusive system of data processing rules in law enforcement, including data analysis and on-going reuse of data; and establishing a system of supervision that is adequately equipped to deal with the new reality of data-driven criminal procedure.

The Concept of Restorative Justice in Criminal Procedure Law through The Rehabilitation Process: Integrated Assessment at The National Narcotics Agency of Bone Regency

The study discusses the "Concept of Restorative Justice in Criminal Procedure Law through Rehabilitation Process by the Integrated Assessment Team at the National Narcotics Agency of Bone Regency." The research aims to: identify the essence of Restorative Justice through Rehabilitation by the Integrated Assessment Team at the National Narcotics Agency of Bone Regency, describe the implementation of Restorative Justice through Rehabilitation by the Integrated Assessment Team at the National Narcotics Agency of Bone Regency, and analyze the integration of Competency Development in Criminal Procedure Law courses through the Concept of Restorative Justice in Rehabilitation by the Integrated Assessment Team at the National Narcotics Agency of Bone Regency. This research employs a qualitative approach with legislative, case, and conceptual approaches located at the National Narcotics Agency of Bone Regency, with doctors and the rehabilitation section of BNNK Bone as the sources of information, who are part of the integrated assessment team. The data used are primary data obtained through interviews, observation, and documentation. The research findings indicate that: (1) The essence of Restorative Justice through Rehabilitation by the Integrated Assessment Team at the National Narcotics Agency of Bone Regency is rooted in the protection of the health and social life of drug abusers specifically and society in general. (2) The implementation of Restorative Justice through Rehabilitation by the Integrated Assessment Team at the National Narcotics Agency of Bone Regency complies with regulations, but there are still some challenges, including ambiguous regulations, law enforcement officers' paradigm towards rehabilitation, and inadequate rehabilitation facilities; (3) The integration of Competency Development in Criminal Procedure Law courses through the Concept of Restorative Justice in Rehabilitation by the Integrated Assessment Team at the National Narcotics Agency of Bone Regency can be applied to related criminal law courses through sub-topics in the semester lesson plan, especially regarding narcotics offenses.

Criminal Procedural Status of the Investigation Team

The paper is devoted to the criminal procedural nature of the investigation team. Based on the characteristics inherent in the investigation team, it is differentiated from other forms of collective implementation of the preliminary investigation: crime scene investigation team (duty, target, specialized, joint) and forensic teams. Particular attention is given to the grounds for creation, the parties involved in the investigation team, and the requirements for familiarizing participants in criminal proceedings with this team. The idea is substantiated that the criminal procedural law should establish norms regulating the status of the head of the investigation team, issues of their interaction with the head of the investigative body, with investigators — members of the investigation team. It is noted that the current legal provisions limit the procedural independence of the investigator as a member of the group in question compared to the individual form of preliminary investigation. The study of the practice of the Constitutional Court of the Russian Federation, as well as appellate and cassation courts of general jurisdiction, made it possible to formulate some proposals for improving the legislative regulation of the functioning of the investigative team.

Certain aspects of the violation of the right to defense at the stage of notification of suspicion

The article focuses on the study of certain aspects of the violation of the right to defense at the stage of notification of suspicion. In the process of investigating the subject it is emphasized that the prosecution's unjustified delay in the notification of suspicion deprives a person of the right to protection against criminal prosecution. It was established that the decision to make a notification of suspicion should be made without delay in order to timely acquire the procedural status of a suspect and, accordingly, provide the suspect with the opportunity to defend himself against criminal prosecution. It was determined that the right to defense at a pre-trial investigation is violated not only as a result of untimely (late) notification of a person of suspicion, but also as a result of premature completion of a pre-trial investigation after notification of a person of suspicion. It is indicated that the quick completion of the pre-trial investigation (immediately after the notification of suspicion) deprives the person, against whom criminal prosecution was carried out, to fully exercise his right to protection against the already actually completed criminal prosecution within the framework of the pre-trial stage. Amendments to part 2 of article 283 of the Criminal Procedure Code of Ukraine, namely to provide for a mandatory minimum period of 14 days from the moment of notification of suspicion to the day of closing of criminal proceedings; petitioning the court to release a person from criminal liability; appeal to the court with an indictment, a request for the application of coercive measures of a medical or educational nature. Making such changes to the criminal procedural law will allow: to fully guarantee the observance of the right to defense at the stage of pre-trial investigation to persons subject to criminal prosecution; it is more rational to plan the conduct of the pre-trial investigation by the investigator/prosecutor; make a more balanced decision about notifying a person of suspicion. It was concluded that the right to protection violated at the stage of the pre-trial investigation cannot be compensated during the court proceedings, which leads to the unfairness of the criminal proceedings as a whole and the need to acquit the person on all charges.