Punishment Research Articles

Sosialisasi Hukum Akibat Hukum Dan Upaya Pencegahan Judi Online Pada Remaja

This study aims to investigate the role of legal socialization at Vocational High School (SMK) Taman Siswa Kisaran in preventing online gambling practices among adolescents, as well as to understand the legal implications that adolescents may face when involved in such activities. The research method employed is a qualitative approach, gathering data through interviews with teaching staff, students, and legal experts, along with observation of the legal socialization activities conducted at the school. The findings indicate that SMK Taman Siswa Kisaran has implemented various legal socialization activities, including workshops, seminars, and extracurricular activities, to enhance students' understanding of the legal consequences of online gambling. However, challenges in the implementation of legal socialization were identified, such as resource constraints and lack of support from relevant parties. Potential legal repercussions for adolescents include criminal penalties, fines, and long-term consequences related to criminal records. Therefore, this study highlights the importance of the school's role in disseminating information about the laws related to online gambling to adolescents, emphasizing the need for greater support from the school, government, and other relevant institutions to enhance prevention efforts. The implications of this research include the development of more effective legal socialization strategies and the necessity for collaborative efforts among various stakeholders to address the issue of online gambling among adolescents. Thus, this study underscores the urgency and relevance of prevention efforts against online gambling practices among adolescents through legal socialization approaches in the educational environment.

The Constitutionality of the Proportionality Test to Prove Money Laundering

For years, combating money laundering has been a priority for the Mexican State. Frontal attack strategies have been used against criminal groups but have not yielded the expected effectiveness, as violence continues to escalate. This work begins with an assessment of the legal punishments applied to cases of money laundering in Mexico. Subsequently, it presents the fundamental rights that might be compromised in the process of collecting evidence and explores the use of the proportionality test as a parameter and method to ask judges to accept only admissible evidence to thus avoid issues of unconstitutionality. Finally, some evidence that can be employed to substantiate money laundering offenses and secure convictions are outlined. Furthermore, recommendations for public policy are made to address and enhance the efforts of stakeholders engaged in combating this crime, since to date, effectiveness in obtaining convictions has been remarkably low.

Cyber dating violence- a case report

Purpose: Cyber dating violence includes both the state of the victim to be harmed by threats, the dissemination of confidential information under the name of cyber violence, and the harassment of controlling the social relations of the victims, called cyber control, by constantly checking what they are doing on social media at any time. In the face of this type of violence that goes beyond spatial and geographical boundaries, the well-being of the victims is adversely affected because they consider the situation to be unresolved. Method: In this case report, a 13-year-old girl who has been exposed to cyber dating violence will be mentioned. Findings: After 3 months of virtual friendship with a 17-year-old man, whom this adolescent met on the computer games, she started to send him nude photos, they had virtual sex during the video call, the man guided her and offered to be a husband and wife with her during virtuel sex. It has been learned that she inserted a pen in front of the screen through his genitals and it hurt a lot. In the following days, they communicated to meet outside, the boy persuaded the teenage girl to take her home to introduce her to his family. The girl's family who followed them on their suspicions intervened in the situation, it became clear that they were faced with gang members. It has been revealed that throughout the time they communicated, the gang has collected a lot of data about the family’s income level over the internet and social media and asked the girl’s family for money through blackmail. In conclusion; with the legal complaint of the family, the gang members received legal punishment and the adolescent girl was taken to psychiatric treatment with the diagnosis of “post-traumatic stress disorder”.

Judicial Review of Article 27 (3) and (4) Law of the Republic of Indonesia Number 11 of 2008 (19 of 2016) Against the Criminalization of Advocates' Immunity Rights (Case Study: Advocate Alvin Lim, Advocate Kamaruddin Simanjutak and Advocate Prayitno)

This research aims to study the degradation of advocates' immunity rights in Indonesia with special emphasis on Article 27 Paragraph (3) and Paragraph (4). This research is normative juridical in nature by using secondary data such as laws and regulations, court decisions, and other references to see the requirements of immunity rights, types of degradation caused by the Information and Transactions Electronic (ITE) Law, and factors that hinder and support immunity rights. The results of this research analysis are: First of all, the terms of advocates' immunity rights, which include the presence or absence of criminal and civil legal actions. If advocates carry out their work in an ethical manner, they will be protected, but ethical violations will be submitted to the Advocates Organization Code Council. Second, the cause of the reduction of advocates' immunity rights caused by Article 27 Paragraph (3) dan Paragraph (4) of the ITE Law identified that the effect of criminal and civil penalties can reduce the immunity rights of advocates in performing their professional duties. Third, the elements that hinder and support advocates' immunity rights are the functions of investigators, public prosecutors, judges, and public opinion.

Fostering Public Health and Environmental Protection with "Carrots and Sticks": The Role of the Social Credit System in China

Abstract: This article examines China's social credit system (SCS), whose objective is to promote trustworthy and responsible behaviour, by focusing on its impact on corporate behaviour, law enforcement, public health and environmental policy. The authors delve into the mechanisms of the implementation of the system while assessing its effectiveness in achieving these objectives. The authors employ detailed case studies, such as curbing wild animal consumption and enforcing environmental regulations, to highlight the system's innovative credit repair mechanism. The SCS's emphasis on accountability and compliance emerges as a significant driver for public health and environmental protection. Based on the authors' interviews conducted for this article, the SCS's promotion of responsible conduct, which combines legal penalties with social credit measures, has notably fostered positive behavioural changes and societal benefits. This article underscores the potential contribution of the SCS to the public good by emphasising accountability and compliance. Overall, the article contributes to a better understanding of the SCS's implementation and its potential role in fostering a safer, healthier and more sustainable society when administered judiciously.

Kajian Yuridis Tindak Pidana Gratifikasi Oleh Pejabat Negara

Corruption is a special criminal act that is regulated outside the Criminal Code (KUHP). Especially because this issue is regulated separately outside the Criminal Code (Criminal Code). Because in accordance with Article 103 of the Criminal Code, it is emphasized that: "The provisions in Chapters II to Chapter VIII of this book also apply to acts which by other statutory provisions are threatened with criminal penalties, unless otherwise provided by law." The criminal act of corruption is categorized as an extraordinary crime that requires extraordinary measures, therefore the participation of various components from both the government and society is very necessary. The conventional methods that have been used have proven to be unable to solve the problem of corruption in society, so handling it must also use extraordinary methods

아동에 대한 정서적 학대행위의 형사처벌에 관한 소고

Recently, teachers' disciplinary behavior at the school site has been recognized as emotional abuse, and criminal justice cases have occurred repeatedly, raising the question of how to distinguish between discipline and abuse. This is because, in the case of emotional abuse, even if it is conducted for the purpose of discipline with the fundamental ambiguity and abstraction of the term, the teacher's words or actions toward the child can be regarded as emotional abuse because they affect the child emotionally in some form. This confusion is being raised because the law does not clearly define the concept of child abuse and does not even describe examples of detailed types of abuse. Moreover, this phenomenon is intensified by 「Act on Special Cases Concerning the Punishment of Child Abuse Crimes」 enacted on January 28, 2014, which considers prohibited acts under 「Child Welfare Act」 as child abuse crimes. In particular, in the case of emotional abuse, unlike in the case of physical and sexual abuse, the limitations of neglect are not clear due to its own ambiguity and abstraction, and this phenomenon is more prominent.
 Accordingly, this paper first examined precedents, academic attitudes, and major foreign legislation on the standards of criminal punishment for emotional abuse as a type of child abuse crime. And based on this, a concrete plan for reorganization of criminal punishment regulations on emotional abuse was proposed to reasonably cope with emotional abuse. Also, in relation to the protection of teaching rights, the requirements for exemption from the discipline and guidance of guardians such as parents and teachers, which have recently been controversial, were presented.

The Existence of Criminal Fine and Payment of Replacement Money in Enforcing Corruption Criminal Laws in the Corruption Court in Kupang, Indonesia

Objectives: The primary objectives of this research are to identify and address the factors hindering the effective implementation of criminal fines and compensation payments in the context of combating corruption. Specifically, the research aims to identify obstacles to the enforcement of criminal fines and compensation payments in combating corruption, optimize criminal sanctions related to fines and compensation payments to contribute to the restitution of state finances, and propose a more balanced approach to punishment, particularly concerning fines with subsidiary imprisonment and compensation payments in the fight against corruption.
 
 Methods: The research employs both normative legal research methods and empirical legal research. The data sources and legal materials form the basis for descriptive juridical analysis within the jurisdiction of the NTT High Prosecutor's Office.
 
 Results: The research findings reveal several significant issues hindering the effective enforcement of criminal fines and compensation payments in corruption cases. Key results include defendants/convicts of corruption often opt for alternative penalties rather than paying fines or compensation, leading to related problems. Challenges surrounding the payment of compensation include unclear purposes, complexity in calculation, dualism in imposing the crime, misinterpretation of substitute prison sentences, disparities in sentence lengths, and suboptimal confiscation policies. Despite facultative punishment patterns, there are persistent arrears in criminal fines and compensation payments, amounting to significant sums, indicating ineffective implementation.
 
 Conclusion: The system of criminal penalties for fines and compensation payments outlined in corruption laws has not been effectively implemented. To address this, it is imperative for convicts to actively engage in repayment efforts throughout the law enforcement process. Additionally, reforms are needed to streamline procedures, clarify purposes, and ensure consistency in the imposition and execution of penalties, ultimately enhancing the efficacy of anti-corruption measures.

The logic, life, language and limit of contractarianism on punishment

The objective of this article is the critical assessment of contractarianism as an alternative approach to the justification of punishment. In doing this, the article focused on the logic, life, language and limit of contractarianism. The article discovered that even though the theory of contractarianism, when viewed from the perspectives of its life, logic, language and limit, is not a completely convincing alternative to traditional theories on the justification of punishment, however, it expresses emphasis on the unambiguous utility of the social contract idea in the justification of punishment. Also, the article discovered that contractarianism, in its theoretical justification of punishment, hinges on contractarian ideals such as human rationality, consent, voluntary commitment, agreement, enjoyments of benefits and the desire to see to the sustenance of society, as a morally acceptable and praiseworthy basis for the justification.Contribution: The article concluded that an essential part to the merit of this theory of punishment is its positive allusion to and plausible accommodation and acknowledgement of the philosophy of preservationism.

ДОМАШНИЙ АРЕСТ: ПРОБЛЕМЫ ПРАВОВОГО РЕГУЛИРОВАНИЯ

The article is devoted to topical issues of legal regulation of one of the preventive measures chosen only on the basis of a court decision – house arrest. The authors of the article, highlighting the advantages and disadvantages of house arrest, came to the conclusion that its legal regulation in general and the definition provided for in Part 1 of Article 107 of the Criminal Procedure Code of the Russian Federation in particular need to be changed. The use of the category “isolation from society” in determining this preventive measure not only does not correspond to the legal nature of house arrest, but also complicates its positioning as an alternative to detention, which it represented at the time of adoption of the CPC of the Russian Federation. The analysis of the concept of "isolation from society" conducted in the article showed that it was its inclusion in the definition of house arrest that changed the legal nature of the latter and led to the establishment of legal restrictions that are absent even in the most severe types of criminal punishment or preventive measures (inaccessibility of suspects or accused walks). The statistics presented in the article indicate the gradual loss of independent significance of house arrest and, as a result, a decrease in the proportion of its use. The authors propose to exclude the words “in isolation from society” from Part 1 of art. 107 of the Code of Criminal Procedure of the Russian Federation, which will subsequently lead to the need to review the legal restrictions imposed by this preventive measure, strengthen independence and increase the proportion of the use of house arrest in the arsenal of means available to law enforcement officers and the court.

THE SYSTEM OF CRIMINAL PUNISHMENTS BY NEW CRIMINAL CODE OF THE REPUBLIC OF KAZAKHSTAN

The system of criminal punishments provided by the new Criminal Code of the Republic of Kazakhstan dated July 3, 2014 (hereinafter referred to as the Criminal Code of the Republic of Kazakhstan 2014) is considered in the present article. Between the Criminal Code of the Republic of Kazakhstan dated July 16, 1997 (hereinafter referred to as the Criminal Code of the Republic of Kazakhstan 1997) which before valid and the Criminal Code of the Republic of Kazakhstan 2014 differences are carried out in the article. Peculiarities of system of criminal punishments of the Criminal Code of the Republic of Kazakhstan 2014 are considered. System of criminal punishments of the Criminal Code of the Republic of Kazakhstan 2014 went over to two-tier system of criminally punishable acts is marked. Based on this, and the system of criminal punishments is divided for two group. Also some lacks of the system of criminal punishments by the Criminal Code of the Republic of Kazakhstan 2014 are pointed out. As a whole in the article is marked that significantly revised the system of punishments, at the same time laid special stress on more extensively applying non-custodial punishments.

Criminal penalties for individuals who create stickers with other people's faces

The crime category is people who edit stickers with other people's faces that are distributed via online media. This study uses a legal-normative research method. Data was collected using a literature study on related legal materials and analyzed descriptively. The research results are based on the Information and Electronic Transactions Law (UU ITE) and the Copyright Law. ITE Law Article 32 Paragraph (1) Article 32 Paragraph (1) of the ITE Law states that making WhatsApp stickers with a person's face without permission, which can insult, harass, or harm the individual's reputation, can be considered a violation of this article. Violations of this article may be subject to criminal penalties and/or fines under the provisions of the ITE Law Article 48 Paragraph (1). Article 48 Paragraph (1) regulates criminal sanctions for violations included in the offense of complaints. If proven to violate and offend the person in the photo, they can be subject to sanctions under the ITE Law, according to Article 27 paragraph (3) of the ITE Law, namely under Article 45 paragraph (1) The ITE Law, which states that you can be punished with imprisonment for a maximum of 6 (six) years and/or a fine of a maximum of IDR 1,000,000,000. Implications include increased scrutiny of digital content and potential policy revisions to strengthen legal protections for individuals who are victims of unauthorized use of their faces.

TV Broadcast Piracy Through Illegal Live Streaming Applications: Challenges and Legal Protection for Copyright Holders

The copyright infringement that is currently on the rise is the emergence of illegal TV streaming apps. The application is now very annoying to official broadcasting rights holders because the presence of such illegal streaming applications will cause losses. This paper aims to find out the form of legal protection as well as legal action for television stations that suffer losses from the piracy of such broadcasting activities.This study is a normative legal study with normative jurisprudence approach to critically analyse the criminal and civil law norms against piracy TV broadcasts through the Live Streaming application aimed at digging and revealing the protection and enforcement of the law for TV stations suffered losses as a result of such piracy.If a person is found to conduct broadcasting or distribution without the permission of the owner who violates the provisions of Article 25 paragraph (2) of the Copyright Act with the criminal punishment of Article 118 of the copyright Act. Whereas the perpetrator of illegal live streaming application that violates Article 32 paragraph (1) of the ITE Act, can be subject to criminal sanctions as referred to in Article 48 paragraph 1 of the Act. The resolution of copyright disputes can be carried out through litigation and non-litigation. It would be better for the public to choose to watch legally and subscribe through an official service despite having to pay for the safety and convenience of the user.

Certain aspects of exemption from serving a probationary sentence

The article examines certain aspects of the application to the convict of release from serving a probationary sentence. It is worth noting that recently there has been a tendency in the state to expand the scope of the application of punishment without deprivation of liberty as one of the directions of the criminal policy of our state. The author analyzes the criminal law, legislative and practical aspects of assigning supervision to persons released from serving a probationary sentence, and determines the strategic and tactical purpose of its implementation.
 In the course of the study, the essence of exemption from serving a sentence with probation was determined, its purpose, and it was also clarified what grounds are sufficient and necessary for exemption from serving a sentence with probation.
 The scientific positions of scientists who, in different years, studied “Exemption from serving a sentence with probation” from different positions were analyzed. It has been proven that among scientists who have studied the issue, there is no consensus regarding the legal nature and essence of such an institution as exemption from serving a sentence. The range of scientific positions starts from equating release from serving a sentence with probation and criminal punishment to the formation of an independent legal institution “Probation” in criminal legislation, which will provide for the legal grounds for the use of release from serving a sentence with probation and the consequences of applying this type of release from serving a sentence. Taking into account the assets of the modern science of criminal law, on the basis of the research results of such an institute, criminologists have given their own vision of the content of release from serving a sentence with probation.
 In order to improve this institution, preventive measures can be developed and implemented, which relate to the problems of control over the execution of criminal punishment.

Роль уголовной политики в деятельности уголовно-исполнительной системы

This article attempts a scientific and theoretical understanding of the modern criminal policy of the Russian Federation and its impact on the penal enforcement system, namely on the state of the regime (law and order) in institutions and bodies executing criminal penalties in the form of imprisonment. The analysis of the work on the prevention of penitentiary crimes forces penitentiary scientists to look for effective, scientifically based ways to counteract them. The humanization of criminal policy expressed in the application of criminal penalties not related to deprivation of liberty, for example, the imposition of punishment in the form of forced labor, has significantly reduced the quantitative index of persons held in correctional institutions, but, unfortunately, this has led to the concentration of particularly dangerous criminals in these institutions, which negatively affected the state of law and order in these institutions and This has led to an unprecedented increase in offenses in modern penitentiary history, committed by convicted persons serving a criminal sentence in the form of imprisonment. Thus, a comprehensive study of the relationship between criminal policy and penal enforcement policy will allow us to develop a number of effective measures aimed at achieving the goals pursued by criminal and penal enforcement law and significantly reduce the level of penitentiary crime.

Особенности современной японской пенитенциарной системы

The purpose of the study was to analyze the characteristic features of the modern Japanese penitentiary system. The author came to the conclusion that there are serious differences between the Japanese system and similar foreign ones, noting that it has a more severe regime of detention, superbly organized highly productive work activities of convicts, and succeeds in the correction and resocialization of persons in prison. At the same time, the Japanese state policy on the execution of criminal penalties enjoys considerable respect, authority, and is also widely supported by the entire public. The briefly outlined positive opti of the Japanese penitentiary policy, implemented by penitentiary institutions, after a comprehensive study, can be used in the Russian Federation, since the use of various social institutions, both state and public, will only increase the preventive effect and contribute to the re-education of convicts.

Civil Liability of the Website Owner for Damages Arising from Published Harmful Content under Jordanian Law

Due to advanced Internet technology, there's a growing need for legal frameworks overseeing website creation and monitoring to prevent misuse, especially on social media. Legislators established laws holding website owners responsible for content under their supervision, requiring them to prevent and remove offensive material. Victims of harmful online content can seek criminal penalties, compensation, and site blocking. Like print laws, electronic publishers, and site supervisors face accountability for damaging content, prompting the need for legislation, as outlined in Jordanian Press and Publications Law Article 49. This law considers online comments as journalistic material, holding publishers and site supervisors jointly responsible. It empowers authorities to prevent harmful content publication, allowing victims to seek legal recourse in civil courts for damages.

State and prospects of development of the Russian criminal legislation

The current version of the Criminal Code of the Russian Federation contains a number of defects of a technical, systemic and criminal-political nature. This is not enough to adopt a fundamentally new Criminal Code, because the current state of Russian society does not require changing the conceptual foundations of criminal legislation based on the Constitution of the Russian Federation. When preparing a new version of the Criminal Code of the Russian Federation, it is necessary to carry out a complete revision of its General and Special parts in order to identify and eliminate defects, modernize the norms of Military Criminal Law in accordance with the principle of full codification of criminal legislation, and resolve the issue of recognizing or denying the death penalty as a type of criminal punishment by constitutional and legal means. According to the author, the actual ban on the use of the death penalty was carried out by the Constitutional Court of the Russian Federation incorrectly.

Proving the Elements of Fault in the Accountability of the Perpetrator of the Crime of Premeditated Murder

The judicial process without primair evidence of the defendant Jessica Kumala alias Jessica Kumala Wongso alias Jess can be sentenced to criminal punishment by tracing a person's motive for committing a criminal offense that results in the loss of life of another person must be responsible for his actions as regulated by Article 340 of the Criminal Code. Normative juridical research using the deductive thinking method of objects analyzed with a qualitative approach, the research refers to the legal norms contained in the legislation. The basis of consideration of the Panel of Judges in imposing punishment on the defendant of premeditated murder in the First Level Decision Number 777/Pid.B/2016/PN.Jkt.Pst. Judges have the right to accept or override the opinion of expert testimony, but it must be based on appropriate reasons, because in exercising their authority, judges must be truly responsible for the realization of truth and legal certainty. In terms of deciding a case, the judge's belief is very important. This is in accordance with the judge's decision in the Jessica case where the judge has his own view of the case where the judge's instinct is very important. The legal perspective on intentionality that results in the loss of life of others as the author has explained is that intent in criminal law is part of guilt. The intent of the perpetrator has a closer psychological connection to an act (which is prohibited) than negligence (culpa).

The Criminal Justice System in Environmental Crime by Corporations

Environmental law has advanced quickly, not only in relation to the role of law as a means of development (a tool of social engineering) with the function of an agent of development or agent of change, but also more prominently about the function of law as protection, control, and legal certainty for society (social control) with the role of agent of stability. This legal research is normative legal research with a focus on positive legal norms (ius constitutum), that is, it focuses more on the application of positive legal norms and principles using a statutory approach (statutes approach), which is pertinent to the study of how legal issues are formulated in this legal research. Law Number 11 of 2020 Concerning Job Creation’s environmental cluster setting, particularly the elimination of criminal penalties, is extremely inappropriate. Due to the repeal of criminal penalties in Law Number 11 of 2020 Concerning Job Creation, administrative sanctions are not subject to stringent regulation. Legislation that prioritizes environmental and health issues and establishes a legal framework for the environment is required. This legislation should be written utilizing the omnibus process once more.
 Keywords: criminal system reconstruction, environmental law, Law Number 11 of 2020