Criminal Responsibility Research Articles

Peran Hukum Pidana dalam Pencegahan Kekerasan Seksual terhadap Anak: Tinjauan terhadap Kebijakan dan Implementasi di Indonesia

Children are important assets for the nation and state, especially the next generation. Every child has the same human rights as humans in general. Children's rights have been neatly regulated in positive legislation in Indonesia in the form of protection from various crimes so that their rights are not violated, considering that there are so many cases of crimes experienced by children, especially criminal acts of sexual abuse. The law is required to be able to pay special attention to the interests of children, in this case it can overcome acts of sexual violence that are experienced by many Indonesian children. The Sexual Violence Law No. 12 of 2022 is an addition to the new government regulations that need to be studied more deeply with the aim of helping to fight sexual crimes. This research discusses a deeper study of the role of criminal law in acts of sexual violence against children using normative juridical research with an approach to theories, concepts, legal principles, and legislation. The role of Criminal Law in preventing sexual violence covers several aspects, including protection from government agencies, criminal responsibility, and ensuring law enforcement.

International Humanitarian Law and Business: Finding a Bridge

This article aims at analysing whether rules of international humanitarian law are applicable to business and if yes, to what extent. Additionally, the consequences for International Humanitarian Law (IHL) violations by companies are analysed. We highlight that enterprises, their personnel and property which are not directly linked to a conflict enjoy the protection under Geneva Conventions from deliberate or indiscriminate attacks, as well as from pillaging and violations of private property. However, keeping neutrality in armed conflicts is a difficult task for companies and there are different ways in which they can contribute to human rights violations and abuses as well as commit international crimes. In order to prevent such violations, companies should conduct hHRDD and comply with IHL rules. Non-compliance with them may lead to reputational and organisational risks for companies as well as bring companies to criminal and/or civil responsibility.

Analysis of criminal responsibility for the crime of premeditated murder (An analysis of decision number 813K/Pid/2023)

Background: This research is motivated by the existence of premeditate murder where the suspect is a member of the police force, namely Ferdy Sambo, the motive for this murder is heartbreak towards the victim who is suspected of committing sexual harassment against Ferdy Sambo’S wife, Putri Candrawati, the problems that arise regarding the regulation of criminal liability for premeditated murder and the application of criminal sanctions for premeditated. Methods: The type of research used by the author is the normative legal and juridical. Statuta Approach, Case Approach, Comparative Approach. Findings: That the act of premeditated murder is regulated in Article 340 of the Criminal Code with a maximum penalty of 20 years imprisonment, while in Law No 1 of 2023 or the National Criminal Code the crime of premeditated murder is regulated in article 459 with the same penalty but the difference is the death penalty embedded in Article 100 of Law No. 1 of 2023 which with a probationary period of 10 years in prison if good behaviour can be changed to life. Conclusion: The use of Law No. 1 of 2023, which should take effect only 3 years later in accordance with Article 624 of Law No. 1 of 2023, it is necessary to review the decision of the Supreme Court on the use of the National Criminal Code as a consideration for the decision in the case of the defendant Ferdy Sambo and also the defendant Ferdy Sambo received a reduction in sentence which was. Novelty/Originality of this Study: This study provides a critical analysis of the application of Law No. 1 of 2023 concerning the Criminal Code in the case of Ferdy Sambo, particularly examining the shift from retributive to rehabilitative criminal justice paradigms. It uniquely highlights the implications of implementing future legislation in current judicial decisions, questioning the appropriateness and legality of such premature application.

Analisis Perbandingan Penegakan Hukum Tindak Pidana Kecelakan Lalu Lintas oleh Anak di Indonesia dan Malaysia

The number of traffic violations and accidents by children in Indonesia and Malaysia is quite high as evidenced by the many cases that have occurred in both countries, giving rise to debates about the regulation and application of law enforcement of traffic accidents by children in both countries. Law enforcement is a whole series of actions to maintain and maintain the balance of rights and obligations of citizens in accordance with human dignity and dignity, as well as their respective responsibilities according to their functions fairly and equally. This research aims to compare the regulation and law enforcement of criminal traffic accidents by children in Indonesia and Malaysia. The research method is normative juridical with statute approach and comparative approach. The data used is secondary data and analyzed descriptively qualitative. The data collection technique used in this research is library research. The result of the research is that criminal responsibility for traffic accidents by children in Indonesia already has an integrated arrangement with Undang-Undang Nomor 11 Tahun 2012 Tentang Sistem Peradilan Pidana Anak through the practice of diversion and restorative justice approaches. Whereas in Malaysia, there is no integration of legal arrangements specifically related to law enforcement of criminal traffic accidents by children. There are only rules regarding child driver traffic accidents in Sections 39 of the Road Transport Act 1987 (Act 333) and rules regarding the age limit of child criminal liability through the Kanak-Kanak Act 2001 (Act 611) and the Malaysia Penal Code.

Analisis Yuridis Kekerasan Gender Berbasis Online (KGBO) dengan Deepfakes Ditinjau dari Hukum Positif

The rapid progress of technology in this digital era has both positive and negative impacts, Technological progress is accompanied by societal development, so many new problems will emerge in people's lives. These new problems arose without being accompanied by progressive law, so in this case, the law staggered with developments over time. One example of technological progress is artificial intelligence (AI) technology. One example is the misuse of deepfakes in online gender violence (KGBO), namely by falsifying photos or videos by inserting facial photos into other photos or videos so that it is very difficult to see their authenticity. In Indonesia, there are no laws and regulations that explicitly regulate this matter, so other related laws and regulations are usually used. This article discusses the regulations regarding online gender violence with deepfakes through existing regulations in Indonesia. In its discussion, this article uses the ius constitutum in Indonesia and compares various types of relevant laws and regulations. The discourse discussed is: How is the misuse of deepfake a criminal act, and what is the criminal responsibility for it in Indonesia? Then this article focuses on normative juridical methods by reviewing them comprehensively through statutory regulations.

Change of situation as a basis for exemption from criminal responsibility for illegal felling, transportation, storage, sale of forest (Article 246 of the Criminal Code of Ukraine): problems of judicial practice

The article carried out a critical analysis of the judicial practice of exemption from criminal liability in connection with the change in the situation of persons who have committed a criminal offense provided for in Art. 246 of the Criminal Code of Ukraine, as a result of which existing problems in this area were identified and scientifically based ways of overcoming them were proposed. In particular, it was proven that the most common mistake made by domestic courts when acquitting persons who have committed a crime, provided for in Art. 246 of the Criminal Code of Ukraine, there is the fact that the application of Art. 48 of the Criminal Code of Ukraine is permanently justified by compensation for the damages and circumstances that should actually be considered only in the context of the individualization of criminal responsibility (such as the absence of a criminal record, sincere remorse). It is concluded that such a practice clearly does not stimulate law-abiding behavior, since in the worst case, the one who committed illegal logging «is threatened» with only full compensation for the damage caused, without serving any punishment for what he did. It is also stated that the appropriate approach is based on ignoring the obvious fact that the change of situation as a relatively objective type of exemption from criminal responsibility does not depend on the willpower and post-criminal behavior of the subject of the criminal offense. Arguments are given in favor of supporting the position of those courts that, demonstrating a principled position, instead of the usual formal approach, carefully study the existence of grounds for satisfying the relevant requests and, in particular, note that all the above-mentioned circumstances are not sufficient by themselves and cannot convincingly testify about a change in the situation and a person’s loss of social danger to such an extent that it makes it impossible for him to commit another criminal offense. Key words: criminal responsibility; exemption from criminal liability; punishment; change of situation; illegal felling, transportation, storage, sale of forest; contrition; post-criminal behavior; losses; compensation for damages; public danger.

Pertanggungjawaban Pidana Pelaku Black Campaign di Media Sosial Dalam Penyelenggaraan Pemilihan Umum 2024

Election campaigns are activities of election participants or other parties appointed by election participants to convince voters by offering the vision, mission, programme and/or self-image of election participants. In the practice of implementing election campaigns, there are campaign behaviors that harm other parties which are classified as black campaigns. This research is to find out the regulation of black campaigns in Indonesia and criminal liability for perpetrators of black campaigns on social media in the 2024 elections. This researcher uses normative legal research methods and a statute approach and case approach. The results of this study are that black campaigns are regulated in the Criminal Code articles 310 and 311 of the Criminal Code which regulate insults and defamation. in law number 1 of 2023 concerning the Criminal Code in article 263 paragraph 2 regarding broadcasting or disseminating false news or notifications and article 433 paragraph 1 and paragraph 2 regarding attacks on honor / defamation and the law on general elections in article 280 letter c jo 521 regarding prohibitions in campaigns and in the Law on information transactions and electronics in articles 27, 28, 45 and 45 A regarding the prohibition of insults and / or defamation. The criminal responsibility of the perpetrators of black campaigns is that if the elements of guilt can be proven, then they are liable to imprisonment and / or fines.

Examining the characteristics of children who experience contact with the youth justice system in Queensland: Implications for the minimum age of criminal responsibility

Examining the characteristics of children who experience contact with the youth justice system in Queensland: Implications for the minimum age of criminal responsibility

Proof of Specific Intent in the Crime of Genocide

Abstract The current dispute between South Africa and Israel before the International Court of Justice has many aspects of great legal interest. This article focuses on the identification and proof of the specific intent of a state in the crime of genocide. On this point, the arguments put forward by the two states in the preliminary phase of the proceedings are very different and raise several issues. The article addresses them especially in light of the International Court of Justice’s previous case law on genocide. The following questions are addressed: Is the genocidal intent of individuals and that of states distinct and separate? Does the finding of individual criminal responsibility for genocide affect, and if so to what extent, state responsibility? What elements/factors are relevant for proving a specific intent? What organs express such an intent? What are the standards of evidence required? The International Court of Justice gave so far unclear answers to these questions. This article seeks to offer some solutions in this regard.

PERTANGGUNGJAWABAN PIDANA PELAKU TINDAK PIDANA PENCUCIAN UANG MELALUI TERANSAKSI GAME ONLINE

The perpetrators of money laundering in Indonesia have starting taking advantage of current technological developments. One of them being the transactions of online gaming. This is due to the absence of sanctions that can be imposed. This research aims to explore different money laundering crimes that occur within online gaming in Indonesia and the forms of criminal responsibility for the perpetrators of these crimes. The method used in writing this journal was normative legal research where there is obscurity and emptiness of legal norms in Law Number 8 of 2010 concerning Prevention and Eradication of Money Laundering Crimes (Hereinafter referred to as the TPPU Act). The results of this research showed that the TPPU Law did not yet regulate if there was a phenomenon of money laundering through online gaming, but the perpetrators of money laundering through transactions online game could be charged with Article 47 of Act No. 11 of 2008 concerning Transactions and Electronic Information (hereinafter referred to as Law ITE). The form of criminal liability for money laundering perpetrators through transactions online games can be seen in Article 47 of the ITE Law which states that perpetrators who fulfill the elements of Article 31 paragraph (1) or paragraph (2) are given criminal sanctions in the form of a maximum of 10 years imprisonment and/or fines up to Rp. 800,000,000.00.

Forensic psychiatric assessment in autism spectrum disorder: Experience of a forensic psychiatry inpatient clinic from Türkiye.

Autism spectrum disorder (ASD) is a neurodevelopmental condition characterized by marked differences in communication patterns, reciprocal social interactions, and restricted, stereotyped, and repetitive interests and activities. Various behavioral problems in ASD, more so when accompanied by coexisting psychopathology, can sometimes lead to legal problems. In this study, the cases in which an opinion was requested in terms of criminal responsibility with the diagnosis of ASD in the 5-year period between 2018 and 2022 in the expertise department of psychiatric observation, where psychiatric cases were hospitalized and observed in the Council of Forensic Medicine (CFM), which is the official expert institution in Türkiye, were retrospectively evaluated. The mean age of the group whose criminal responsibility was reduced or removed was 22.9 years (±7.52) and the mean IQ score was 76.63 ± 18.94. The most common crime in this group was intentional injury (5/11), and it is noteworthy that the victims of these crimes were usually relatives of people with ASD (5/6). The criminal acts of people with ASD are usually single-movement, spontaneous, unplanned, impulsive acts. In addition, although there is no problem in cognitive perception in people with high functioning ASD(HF-ASD), various forensic situations may arise due to defects in emotional awareness. When we look at the practices of the CFM in Türkiye, it is seen that in cases where the diagnosis of ASD is clear and can be associated with the crime, criminal responsibility is usually completely eliminated. In HF-ASD types, although it is important to be associated with the crime, it is seen that criminal responsibility is generally reduced.

Navigating the intersection of psychiatry and law: Insights into insanity defense and fitness to stand trial in the Indian legal system

In the complex landscape of forensic psychiatry, the intersection of mental health and the legal system presents challenges that demand clear guidelines for effective navigation. This letter delves into the pivotal roles psychiatrists play in assessing the insanity defense and determining fitness to stand trial, crucial aspects intertwined with the principles of justice and human rights. Moreover, we elucidate the nuanced interpretation of Section 22 of Bhartiya Nyaya Sanhita (previously Section 84 of the Indian Penal Code), which delineates the criteria for absolving individuals of criminal responsibility due to mental illness. Comparisons with McNaughten’s rule highlight subtle differences in legal frameworks and their implications for verdicts of "not guilty by reason of insanity." Furthermore, our article emphasizes the importance of interdisciplinary collaboration between psychiatry and forensic medicine to enhance comprehension of legal complexities thereby improving the management of forensic patients. With a visual aid we will facilitate understanding of the multifaceted concepts discussed herein. By fostering dialogue and collaboration, we aim to contribute to a more informed and equitable legal approach to individuals with mental health concerns within the criminal justice system.Top of Form

The penal Responsibility of the special moral Person on the Economic Crimes

The recent economic، social and technological developments resulted in the emergence of multiple private large economic and financial institutions or corporations (the "Corporations") that perform a range of activities with significant influence on the society. Indeed، this can bring great benefits to the society if their activities are properly made، while cause severe damage if they corrupt. Hence، the dangers caused by these corporations and the expanding scale of their damage can lead to economic crime، which is far greater than the harm caused by natural persons. Thus، it is no longer acceptable to ignore such crimes، particularly when the civil penalty is no longer appropriate to ignore their deviations on these corporations which brought huge profits to them. This created an advanced jurisprudence calling for the necessity of bringing punitive measures against these corporations in order to prevent and lessen their dangers to the society. The rapid transition from socialism to capitalism in Iraq after 2003 led to a sharp increase in the number and diversified activities and economic openness that controlled the economy، while the criminal jurisprudence was steps behind such fundamental changes. This research aims to demonstrate the importance of designating criminal responsibilities to these corporations to protect the society، and to identify the legal loopholes in Iraq on how to address them. Despite the existence of the principle of “publicity” for economic crimes or not economic crimes، according to the conditions that must be met in order to be take responsibility، under Article (80) of the Penal Code No. 111 of 1969، hitherto this article alone cannot go side-by-side with the dangers created by these corporations، which requires exclusive fundamental amendments، introducing more legislation providing strict punitive measures against these corporations aiming to safeguard the overall economic system.

Analisis Yuridis Terhadap Penentuan Status Barang Bukti Pada Putusan Perkara Pidana Pengangkutan Mineral Tanpa Izin di Pengadilan Negeri Marisa

This study aims to review and analyze the judge's considerations in determining the status of evidence in the criminal case concerning the transportation of minerals without permission, as outlined in Decision Number 4/Pid.Sus/2023/PN Mar. Additionally, it seeks to examine the correlation between these judicial considerations and the application of criminal sanctions imposed on perpetrators of the crime of unauthorized mineral transportation in the same court decision. The research employs a normative juridical method. The findings indicate that the judge's considerations in determining the status of evidence in this case are consistent with the application of Law Enforcement Theory, Justice Theory, Criminal Responsibility Theory, Legal Certainty Theory, and Criminal Theory, and are based on the theories of punishment and criminal liability. The analysis demonstrates a close correlation between the judge's considerations regarding evidence and the application of criminal sanctions on the offenders, in alignment with Court Decision Number 4/Pid.Sus/2023/PN Mar.

Pertimbangan Hakim dalam Pemidanaan Pelaku Tindak Pidana Pengedaran Mata Uang Palsu

The purpose of this research is first to find out how the criminal responsibility of the perpetrators of the crime of circulating counterfeit currency is? and secondly, what are the judges' legal considerations in deciding cases of criminal acts of circulating counterfeit currency? In order to answer these problems, normative juridical and empirical juridical approaches are used. Data collection was carried out by means of literature and field studies, then the data were analyzed qualitatively. Based on the results of the research and discussion it was concluded that the defendant's form of criminal responsibility against the defendant Hendi Setio who was proven to have committed the crime of counterfeiting currency was imprisonment for 2 years and 6 months and a fine of IDR 100,000,000. In deciding the case the judge has considered the juridical, sociological, and philosophical aspects. Based on these conclusions, it is hoped and suggested that socialization or counseling be carried out on the characteristics of genuine rupiah currency to the public so that it is hoped that the circulation of counterfeit money will decrease. In addition, the judge in imposing a sentence must always pay attention to the purpose of punishment by fulfilling a sense of justice for both the convict, the victim and the wider community.

Criminal Responsibility of Mental Disorders for Criminal Offenses in Indonesia

Criminal Responsibility of Mental Disorders for Criminal Offenses in Indonesia

What is important in forensic psychiatric evaluation in people with Down syndrome? A sample from Türkiye

PurposeDown syndrome is one of the common genetic causes of intellectual disability. Adult with Down syndrome may have many psychiatric comorbidities. Therefore, their mental health status should be considered in legal proceedings such as criminal responsibility and legal capacity where they are involved. This study aims to highlight that individuals with Down syndrome are often referred directly to forensic psychiatry without undergoing an interview, despite the fact that this is a group with varied mental statuses.Design/methodology/approachThis study analysed the socio-demographic, clinical and forensic characteristics of eight adult individuals with Down syndrome for whom the Council of Forensic Medicine (CFM) requested an opinion on criminal liability and other legal situations between 2018 and 2022. The CFM is an authoritative institution to which cases from all areas of Türkiye are referred.FindingsThe mean age of the individuals with Down syndrome for whom a forensic psychiatric opinion was requested was 24.63 (±7.95) and the mean IQ level was 54.13 (±13.38). All cases were male, 6 / 8 were referred for assessment of criminal responsibility and 4 / 6 of those referred for assessment of criminal responsibility were referred for sexual offences. It was found that 5 / 8 of the cases had moderate intellectual disability and 3 / 8 of the cases had mild intellectual disability.Research limitations/implicationsRegarding the limitations of this study, the first one is the small sample size. Nevertheless, due to the low prevalence of people with Down syndrome in society, it is plausible that their stigmatization may not be reflected in the judicial system, even in cases involving violent behaviour. The second limitation is that the reports lack all psychiatric medical documents, including forensic psychiatric evaluations of individuals with Down syndrome. Additionally, additional diseases were recorded based on familial anamnesis. The third limitation is that this study is the first publication to investigate Down syndrome from a forensic psychiatric perspective. Thus, there is a lack of literature to make direct comparisons and references in the discussion section.Social implicationsThis is the first study about forensic psychiatric aspects for people with Down syndrome. The aim of this study was to examine the forensic psychiatric approach in Down syndrome, one of the most common genetic causes of intellectual disability, the situations in which forensic psychiatric assessment is required and the issues that might be considered important in this regard. Although there are various publications in the literature on the psychiatric conditions of individuals with Down syndrome, to our knowledge, this is the first study to evaluate individuals with Down syndrome in terms of forensic psychiatric evaluation. People with Down syndrome are known to have varying degrees of intellectual disability and different types of psychiatric comorbidity.Originality/valuePeople with Down syndrome are a heterogeneous group in terms of intellectual disability. The criminal responsibility and legal capacity of individuals may vary according to the legal situation. When requesting forensic psychiatric evaluation of these patients with psychiatric co-morbidity, patients should not be prejudged in terms of their level of mental competence and each case should be assessed individually.

Legal Reform of Criminal Responsibility in Imposing Poverty Sanctions for Perpetrators of Corruption to Restore State Losses

The eradication of corruption is a top priority in efforts to build good governance and transparency in Indonesia. This study explores the implementation of poverty sanctions for corruption offenders as an effective strategy to recover state losses and deter future corruption. It examines the need for legal reform in criminal accountability to ensure fair restitution of state losses and a stronger deterrent effect. By analyzing the current Corruption Law and proposed revisions, the study highlights the potential for strengthening poverty sanction mechanisms in line with principles of justice and human rights. Findings suggest that measures such as asset freezing, prohibition from holding public office, and stringent financial monitoring can significantly contribute to combating corruption. Legal reform is crucial in providing a solid foundation for these efforts, with consistent and transparent implementation of revised regulations being key to success.

Command Responsibility in the Brereton Report: Weakened Accountability and the Threat to Rights, Freedoms, and Reputation

While the Brereton Report found that there was credible information that Australian soldiers committed numerous war crimes, it stated that no commander above patrol level should bear criminal responsibility. The wide spectrum of standards adopted for command responsibility in international law means that there is some basis to argue that applying the Brereton Report’s standard would comply with Australia’s international obligations. However, this standard does not offer the best balance of upholding high criminal justice standards and ensuring convictions are ‘deserved’, while deterring serious violations of rights during armed conflicts, such as the right to life and freedom from torture. In addition, a failure to address the scepticism that no Australian commander above patrol level is legally accountable raises questions of adherence to the rule of law. It may impact on Australia’s standing and its perceived commitment to international criminal justice.

이른바 ‘정범 배후의 정범’에 대한 일고(一考) - ｢국제형사재판소에 관한 로마규정｣ 제25조 제3항 ⒜의 해석과 관련하여 -

According to Article 25 ⑶⒜ of the ICC Statute, indirect perpetration requires that the perpetrator commits the offence ‘through another person’, regardless of whether that another person is criminally responsible. In this regard, the decisions of the ICC note that, the provision appears to contemplate two possible forms of indirect commission: one arising from a person as a mere instrument who does not bear criminal responsibility and another brought about by a criminally responsible person charged with an intentional crime (‘the perpetrator behind the perpetrator’). Furthermore, the ICC interprets the concept of ‘the perpetrator behind the perpetrator’ to include using an organised apparatus of power for making another person commit a crime (‘perpetrator’s ccontrol over an organisation’). Such an interpretation is based on the terms of of Article 25 ⑶⒜ of the ICC Statute, but above all, it is meaningful in that it values the aims of of the ICC Statute. Such teleological interpretation is thought to have great implications for understanding the characteristics of the perpetration by means, but it would be difficult to recognize ‘the perpetrator behind the perpetrator’ as a form of indirect perpetrator pursuant to Article 34 ⑴ of the Korean Penal Code. However, if the conceptual extension of an indirect perpetration is considered to affect the aggravated forms of abetting the commission of a crime under Article 34 ⑵ of the Korean Penal Code, ‘the perpetrator behind the perpetrator’ can be discussed as indirect perpetration pursuant to Article 34 ⑵, so to speak, as indirect perpetration in a broad sense.