Criminal Law Sanctions Research Articles

Analisis Hukum Praktik Human Trafficking Dengan Modus Pengangkatan Anak Tanpa Penetapan Pengadilan

Procedurally, the applicable law states that a child adoption needs to go through the procedures for applying for a determination of adoption to the local District Court. If a court decision has not been obtained, it turns out that it can be reported to the local police. Children who are traded by their biological parents to other people, of course, involve various parties. For this reason, it is necessary to know the criminal responsibility of these perpetrators, and what is the basis for the panel of judges considerations in imposing a sentence on the defendant in a case of adoption which results in child trafficking as referred to in the P.N.Sim Decision. No. 398/Pid.Sus/2017 An. Defendant "G.M". The issues raised are: First, regulation of human trafficking crimes in Indonesia; and second, legal analysis of the practice of criminal acts of human trafficking with the mode of adoption without a court decision. 398/Pid.Sus/2017. This research is juridical-normative research which is descriptive-analytic. The results of this analysis show that: First, the provisions on criminal sanctions in the PTPPO Law cannot be used to indict perpetrators of child adoption without a court order; Second, based on the criminal responsibility of the Defendant "GM", he can be responsible for the mistakes he has made. It is recommended that the Government of Indonesia make a policy by summarizing the procedures for adopting children through the courts.

Are insolvency proceedings opened too late? The case of Germany, Croatia and Slovakia

Purpose: The aim was to analyze insolvency proceedings in Germany, Croatia and Slovakia and answer the research question whether insolvency proceedings are opened too late in the observed countries and how this issue can be explained. Methodology: Comparative analysis of insolvency systems in Germany, Croatia, and Slovakia was con-ducted. Furthermore, the financial profile (liquidity) of firms in pre-insolvency and insolvency proceedings in Germany, Slovakia and Croatia was analyzed and respective results were compared with data on government effectiveness and the rule of law in the observed countries. The one-way ANOVA was performed to test the differences in liquidity among companies that initiated pre-insolvency and insolvency proceedings.Results: The results indicate that German companies respond to signs of crises earlier in comparison to Croatian and Slovakian companies and these differences cannot be explained only by criminal law measures which are not equally effective across jurisdictions, but they depend to a large extent on government effectiveness and the rule of law in a country.Conclusion: The results show that despite the similarities in the civil law frameworks, insolvency proceedings in Croatia and Slovakia are still initiated on average much later than in Germany. Moreover, according to the results, criminal law sanctions against the late initiation of insolvency proceedings can have preventive effects. However, while they can increase the number of timely insolvency proceedings, their effective-ness is still limited by the efficiency of the judicial system measured by the strength of institutions and their consistent application.

Ius Constituendum Criminal Law Sanction System with Double Track System Principle in the National RKUHP

Introduction: As the ius constituendum of criminal law, the RKUHP introduces the concept of a double track system in its criminal system. The purpose of this double track system concept is to regulate 2 (two) types of sanctions, namely penal sanction (straf/punishment) and treatment sanction (maatregel/treatment).Purposes of the Research: First, the ratio legis criminal law sanctions system with the principle of a double track system and factual policies in the National RKUHP. Second, the ideal model of the criminal law sanction system has the principle of a double track system in the National RKUHP.Methods of the Research: The research method used in this research is normative legal research. Conduct a study of the Criminal Code and the National RKUHP as well as an analysis of the theory of punishment, especially on penal sanction and treatment sanction.Results of the Research: The results of this study reveal that philosophically the emergence of the double track system concept is influenced by the development of the flow in criminal law, namely from the classical to the modern school, and the neo-classical school. Then the sentencing policy in the National RKUHP is not yet fully based on the principle of a double track system. So that we need an appropriate conception and in accordance with the basic idea of the actual double track system concept, one of which is by integrating additional forms of penal sanction into treatment sanction.

Уголовно-правовые санкции за коррупционные преступления: мнение научного сообщества и видение правоприменителя

Введение: статья посвящена анализу основополагающих положений Уголовного кодекса Российской Федерации в части уголовно-правовых санкций за преступления коррупционной направленности и их влияния на эффективность реализации государством в лице правоохранительных и судебных органов мер по обеспечению справедливости наказания за уголовно наказуемые деяния данного вида. Цель: на основе исследования норм уголовного законодательства и внесенных в него за последние два десятилетия изменений и анализа статистических данных о назначаемых судом за отдельные наиболее распространенные виды коррупционных преступлений уголовных наказаний изложить отмеченные представителями научного сообщества и правоприменителями недостатки уголовного законодательства в данной сфере борьбы с преступностью и одновременно предложить меры по совершенствованию уголовно-правовых санкций, способных наряду с вектором государства на либерализацию уголовной ответственности обеспечить снижение угрозы коррупционной опасности, что в целом призвано обеспечить безопасность государства, в первую очередь в сфере его экономической деятельности. Методы: исторический, сравнительно-правовой и эмпирический, теоретические методы формальной и диалектической логики, частно-научные методы, юридико-технический и метод толкования конкретных юридических норм. Результаты: на основании анализа современного состояния уголовного законодательства и внесенных в него начиная с 2003 г. изменений в части либерализации уголовно-правовых санкций и складывающейся су- дебной практики назначения уголовного наказания в виде лишения свободы и штрафа дается в целом негативная оценка и обосновывается необходимость их совершенствования в целях соответствия уголовно-правовых предписаний реалиям борьбы с коррупционной преступностью и обеспечения тем самым законности, справедливости и равенства граждан перед законом и одновременно гуманизма при реализации норм уголовного закона. Выводы: для обеспечения указанных принципов уголовного закона применительно к современным реалиям (новые виды преступлений, в том числе их совершение с использованием информационно- телекоммуникационных технологий, значительное увеличение размеров причиненного преступлениями материального ущерба как государству и иным хозяйствующим субъектам, так и гражданам) требуется принятие законодателем соответствующих мер по совершенствованию уголовного законодательства, в частности корректив нижних пределов таких конкретных уголовно-правовых санкций, как лишение свободы и штраф, размеры которых сегодня снижают уровень эффективности борьбы с коррупционными преступлениями, в том числе относящимися к категории не только тяжких, но и особо тяжких преступных деяний. Introduction: the article analyzes fundamental provisions of the Criminal Code of the Russian Federation in terms of criminal law sanctions for corruption-related crimes and their impact on the effectiveness of measures implemented by the law enforcement and judicial authorities to ensure fairness of punishment. Purpose: on the basis of the study of criminal legislation norms and their amendments made over the past two decades and the analysis of statistical data on criminal penalties imposed by the court for certain most common types of corruption-related crimes, to outline criminal legislation shortcomings in this sphere noted by representatives of the scientific community and law enforcement officers; to propose measures for improving criminal sanctions, capable, along with the state’s focus on the criminal liability liberalization, to lower corruption risks, thus ensuring the state security, primarily in the sphere of its economic activity. Methods: historical; comparative legal and empirical methods; theoretical methods of formal and dialectical logic, private scientific methods; legal and technical methods and the method of interpretation of specific legal norms. Results: on the basis of the analysis of the current state of criminal legislation and the amendments introduced into it since 2003 regarding liberalization of criminal law sanctions and the emerging judicial practice of imposing criminal penalties in the form of imprisonment and a fine are generally negatively assessed and the need for their improvement is justified in order to comply with realities of the fight against corruption-related crime and thereby ensure legality, justice and equality of citizens before the law and at the same time humanism in the criminal law norms implementation. Conclusions: in order to ensure these criminal law principles in relation to modern realities (new types of crimes, including their commission using information and telecommunication technologies, a significant increase in the amount of material damage caused by crimes to both the state and other economic entities and citizens), it is necessary for the legislator to take appropriate measures to improve criminal legislation and, in particular, adjust lower limits of such specific criminal law sanctions as imprisonment and a fine, the size of which today undermines effectiveness of the fight against corruption-related crimes, including those belonging to the category of not only serious, but also especially serious criminal acts.

Penyuluhan Pendidikan Islam: Upaya Penyadaran dan Pencegahan Tindak Kekerasan Seksual Berbasis Al-Qur'an

This community service aims to provide students withinsight and awareness of sexual violence and how to preventit. The method used is counseling and question and answer.The results show that students' insight increases byparticipating in counseling activities. Those who wereinitially unfamiliar with sexual violence gainedenlightenment about what sexual violence is, its forms,criminal law sanctions, and ways to prevent them. Funlearning and question-and-answer activities by placingoneself as a facilitator have proven to be effective instimulating students' critical thinking skills, active learning,and communication skills. The recommendations are theneed for training that leads to entrepreneurial skills witheconomic value and profits that are useful for students'progress and Islamic boarding schools

Tinjauan Yuridis Sanksi Pidana Delik Perbuatan Cabul terhadap Anak dalam Undang-Undang Nomor 35 Tahun 2014 tentang Perlindungan Anak dan Undang-Undang Nomor 12 Tahun 2022 tentang Tindak Pidana Kekerasan Seksual

This study focuses on sexual crimes in the form of obscene acts against children. According to R. Soesilo, obscene acts are all acts that violate decency or decency, or can also constitute a heinous act that is included in the environment of sexual lust. The problem lies in the criminal sanctions regulated between the two regulations. Criminal sanctions regulated in the PA Law and the PKS Law have differences in terms of the length of the sentence, the amount of the fine, and others. Then there will also be a test of the PA Law and the TPKS Law against the theory of the purpose of punishment. The research method used is a normative research method, namely research conducted with reference to the principles, legal concepts, legal norms contained in the legislation. The results of this research are that in terms of the comparison of the length of imprisonment or the number of fines, the PA Law is more effective than the TPKS Law. There are also articles regulated in the PA Law that are not regulated in the TPKS Law, such as Articles 76D and 76E. In the article, it is more specific how to commit obscene acts, namely by means of "threats of violence and violence." Both the PA Law and the TPKS Law adhere to a combined theory. In the PA Law and the TPKS Law, the main punishments regulated are imprisonment, fines and payment of restitution to victims. If it is related to the combined theory, then the PA Law and the TPKS Law have fulfilled the purpose of the combined theory. However, in the TPKS Law, in addition to stipulating the main punishment, it also regulates additional crimes, namely revocation of child custody or revocation of guardianship, announcement of the identity of the perpetrator and/or confiscation of profits and/or assets obtained from criminal acts of sexual violence. With the provision of additional penalties in the TPKS Law, it can be seen that the types of criminal sanctions in the TPKS Law provide more complete understanding of the combined theory. So that it can be concluded that the TPKS Law in terms of types of criminal sanctions is more comprehensive in its arrangement.

Sanksi Adat Penyelesaian Kasus Pelecehan Seksual di Desa Kungkai Kabupaten Merangin Jambi

The threat of criminal sanctions in Indonesian state law does not have a major impact on reducing sexual harassment cases. In some places, efforts to sanction cases of sexual harassment using adat law can be another alternative, because of the unique relationship between traditional communities and adat law. This research examines the existence and implementation of adat law sanctions to solve the problem of sexual harassment in Kungkai Village, Merangin, Jambi Province. The type research is field research or empirical juridical research using a legal anthropological approach. The data collection instrument is through observation, interviews with indigenous peoples, and literature review. Adat sanctions for perpetrators of sexual harassment crimes in Kungkai Village are called “utang adat”. This sanction was given by the adat party in Kungkai Village for perpetrators of sexual crimes to pay compensation. The application of Islamic values in the Jambi Malay traditional seloko, adat bersendi syarak, syarak bersendi Kitabullah can be found from the addition of punishment by assessing the marital status of the perpetrator or victim such as the jarimah zina in Islamic criminal law. The existence of adat law has an urgency to maintain community compliance with legal values and norms.

Criminal Responsibility of the Pharmacist in the Pharmaceutical Services in Indonesia

Medical malpractice has a long history in Indonesia, with fatal consequences for patients due to negligence from the health practitioner. This study aims to ensure legal certainty in pharmaceutical practice according to laws and regulations. Also, to provide criminal law sanctions for pharmacists in pharmaceutical practices that lead to criminal acts. The method used was qualitative empirical normative research with a literature study. This research was conducted qualitatively based on data triangulation which resulted from three ways: interview, participant to observation, and review of organizational records (document records). Data collection usually uses qualitative research observation, documentation, and interview methods. This study discusses legal provisions related to health and pharmaceutical services and interviews with ten people at Dr. Wahidin Sudirohusodo Regional General Hospital, Makassar, and five people from Wamena Regional General Hospital, Jayawijaya Regency, Papua. Our study exhibited that implementing a pharmacist's practice was based on the prevailing laws and regulations. The pharmaceutical practice in question starts from planning, procurement, storage, distribution, evaluation, and provision of drug information and monitoring of drug side effects. These practices are based on Government Regulation No. 51 of 2009 article 4. This regulation is stated to protect patients and the public in obtaining and stipulating pharmaceutical preparations and pharmaceutical services. In addition, to maintain and improve the quality of implementation of pharmaceutical work by using developments in science and technology as well as laws and regulations; and provide legal certainty for patients, communities, and pharmaceutical workers. In the criminal responsibility of pharmacists in pharmaceutical services that have resulted in illegal acts, there have not been cases that have reached court proceedings. Nevertheless, there are cases where actions that have resulted in criminal acts have occurred in the field. Still, mediation can resolve them to reach a consensus with unique mediation.

Tindak Pidana Pencucian Uang Terhadap Perjudian Online

Law Number 8 of 2010 regulates the Prevention and Eradication of the Crime of Money Laundering. This law contains any provisions that can be a predicate crime in money laundering, one of which is a crime of online gambling. The legal rules that contain criminal sanctions in Law no. 8 of 2010 contained in articles 3 to 5 with a reverse proof system article 2 paragraph (1) where the defendant is obliged to prove the truth of all his assets. This study uses a normative method, using a legal approach (Statute Approach), a conceptual approach (Conceptual Approach) and data analysis (data analysis). The data collection method in this research is library research on legal materials, both primary legal materials, secondary legal materials, as well as tertiary legal materials and/or non-legal materials. The search for legal materials is done by reading, viewing or listening. or via the internet.

A Game-Theoretic Approach to the Formation of a System of Sanctions in the Criminal Legislation of the Russian Federation

. The relevance of the study of criminal sanctions in modern legal realities can hardly be overestimated. The state of the current system of criminal sanctions is the subject of discussion by many reputable scientists, during which fundamental problems are identified without unambiguous solutions. One of these problems is the lack of an accurate, logical and effective model for the formation of criminal sanctions and their integration into a single system. The purpose of this study is the concept of a model of the formation of a criminal law sanction, developed on the basis of a game-theoretic approach, as a unit of the system and the system of criminal law sanctions as a whole. The research method is the dialectical method of cognition, the method of analyzing legal documents and scientific literature, the synthesis of the obtained data and the game-theoretic method. The object of the study is the social relations that develop during penalization in criminal law. The subject of the research is the norms on criminal punishment of the current Criminal Code of the Russian Federation. In the course of the study, an analysis was given of how Game Theory is integrated into modern legal science, as well as what game-theoretic approaches can be applied in the formation of criminal sanctions. The paper described the basic rules of penalization, taking into account the game-theoretic approach, the rules and elements of the game were described. The result of the study should be the concept of the formation of a model of criminal sanctions and a model of the system of criminal sanctions that comply with the fundamental requirements of game theory, taking into account the Nash equilibrium. At the end of the work, it was concluded that the game-theoretic approach to the formation of both individual criminal law sanctions and the system of criminal law sanctions is fully applicable and complements the formal legal logic of the construction of criminal law sanctions and their system, avoids defects in the construction of criminal law sanctions and contributes to the elimination of legal uncertainties in the imposition of penalties.

‘The Calf Fighting The Oak’: A Fight Against Illegal Logging In Russia

The article presents the results of a case study conducted in a mountainous region in Russia by members of the World Wildlife Fund (WWF). It examines the way in which timber businesses exploit certain provisions of Russian forestry law to legitimize environmental crimes. Forestry clearing to deal with diseased timber is permitted, and in one documented case this provision has been used as a license for predatory deforestation. When the WWF confronted the authorities with evidence of the occurrence of environmental crime, criminal law sanctions were not applied, but instead mild administrative fines were imposed that are insufficient to deter offenders. The failure of the authorities to prosecute and suppress acts of illegal logging resulted in social violence. Violent acts of social protest, however, cannot stop the massive destruction of forestry resources in Russia, where criminal groups are well organized and connected to the government.

Problems of the implementation of the principle of justice in the construction of sanctions norms of the Special part of the Criminal Code of the Russian Federation

The author examines in detail the problems of implementing the principle of justice in the construction of sanctions of criminal law norms of a special part of the current criminal law of the Russian Federation. The object of the study is public relations regulating the establishment of specific types and punishments within their specific limits for the seduction of specific crimes. The subject of the study is the norms of the current criminal law of the Russian Federation. The author pays special attention to the issues of compliance of certain types of punishments with the nature and degree of public danger of the crime. separately, the issues of the correlation of the sanctions of the norms of the part and the norms of the whole, the problems of establishing the lower limit of punishment in criminal sanctions are investigated. The scientific novelty lies in the developed and formulated theoretical foundations for the construction of criminal law sanctions aimed at implementing the principle of justice. The paper investigated the sanctions of new norms of a Special part of the Criminal Code of the Russian Federation, such as "Knowingly false expert opinion in the field of procurement" (Article 200.6 of the Criminal Code of the Russian Federation). At the same time, several problems of implementing the principle of justice in the construction of criminal sanctions have been identified, and new ways of eliminating these problems have been proposed. The conclusion is substantiated on the ratio of sanctions of norms-part and norms-whole, sanctions of qualified and basic compositions, on the principles of establishing a fine as the main type of punishment in the sanctions of the norms of the Special Part of the Criminal Code of the Russian Federation, as well as on the principles of establishing the lower limit of punishment in the form of imprisonment.

Constitutional and Criminal Law Protection of Human and Civil Rights and Freedoms

The article presents an inter-branch study of the problems of constitutional law and criminal law protection of human and civil rights and freedoms. The analysis of current Russian legislation is used to determine the objects of legal protection. The concept of legal protection in the general theory of state and law is also the basis of branch legislation which takes into account the specific features of the object of legal regulation in constitutional and criminal law. The subject of the research is articles of Chapter 19 of the Criminal Code of the Russian Federation «Crimes against the Constitutional Rights and Freedoms of Man and Citizen». The main methodological instrument is the «safety index» introduced by the scholars of the Ural law school. The author shows its significance for Russian constitutional and criminal law and its role in protecting rights and freedoms. The hierarchy of values is presented from the standpoint of their criminal law protection. It is concluded that constitutional human and civil rights and freedoms as objects of criminal law protections have lower «safety indices» and insufficient criminal law protection compared to other legal values. The author analyzed the changes of the lawmakers position regarding constitutional rights and freedoms that are objects of criminal law protection, and the dynamics of this process. As legal protection greatly depends on the sanctions determined by the lawmakers, the question of their proportionality is raised. Alternative methods of researching this problem in Russian and foreign legal theory are presented. The sanction of the criminal law norm is then viewed not only as an element of the legal norm, but also within the system of external and internal connections from the standpoint of its place in the mechanism of criminal law regulation. The author touches upon the problem of constructing criminal law sanctions while taking into account the axiological aspect. In foreign research, the so-called «price theory» stands out, it understands law as a tax on behavior. Besides, the «localization coefficient» illustrates the experience of using the methodology instruments of other fields of research, including non-humanitarian ones, to study legal matters.

Penalization of genetic crimes

This article contains a comprehensive study of the content of structural and functional nature of criminal sanctions in the theoretical modeling of responsibility for genetic crimes. The authors analyze the factors which underpin the criminal law sanctions for these crimes, as well as their importance for the legislative and law enforcement practice.
 The article formulates scientifically grounded definition of criminal sanctions and reveals their logical connection and interdependence focused on the crimes of genetic nature. The article covers the creation of a impact mechanism of criminal sanctions on the qualification of crimes in the genetic engineering industry.
 The article provides recommendations for improvement of the criminal sanctions system in this sphere. This position is determined by the fact that one of the most important elements of law policy is penal policy, which defined the general principles, main directions and further perspectives of criminal law protection of the most valuable social relations from criminal invasions. The research was funded by the Russian Foundation for Basic Research (grant project No. 18-29-14028 The Project of Criminalizing Actions in Human Genome and Other Organism Research).

Interplay between European Union criminal law and administrative sanctions: Constituent elements of transposing punitive administrative sanctions into national law

The post-Lisbon punitive sanctioning law of the EU is divided between criminal and non-criminal sanctions. The legislator has preferred non-criminal sanctions for reasons of ultima ratio but more recently also for reasons of efficiency. In the search for efficiency, the regulation on such sanctions has become increasingly precise, and the legislator has started to refer to the administrative nature of such sanctions. This can limit the discretion of the Member States in finding the most suitable way to transpose such sanctions, and it could amount to a prohibition on resorting to criminal law (a negative harmonisation of criminal law). When EU law prescribes specific requirements on administrative sanctioning systems, fundamental aspects of national sanctioning systems might be affected, and this can also bring about a lower protection for procedural guarantees. This article explores the interplay between EU criminal law and administrative sanctions to ascertain whether there is a coherent understanding of what the term administrative refers to in EU law. Based on this evaluation, this article analyses whether the EU legislation allows for conclusions to be made on the minimum requirements of transposing sanctions that are labelled as administrative into national law (the constituent elements) and whether this labelling interferes with the use of criminal law.

Tindak Pidana Terorisme Dalam Perspektif Hukum Pidana Islam Dan Hukum Positif

This article seeks to reveal the differences in the understanding, elements, and criminal sanctions of terrorism between Islamic criminal law and positive law that applies in Indonesia. This article is a qualitative research by utilizing literature as a source. The approach used is normative juridical to analyze data sourced from sources of Islamic law and Indonesian positive law. After being analyzed, the two sources are compared to find similarities and differences regarding criminal acts of terrorism from both perspectives. This article reveals that, in the discourse of Islamic criminal law, terrorism is equated with the concept of jarimah hirabah or acts of violence using weapons, creating fear in the victim, and resulting in the loss of other people's lives. Whereas in positive law, the element of criminal acts of terrorism is the use of violence that creates an atmosphere of terror and fear en masse. Criminal sanctions in Islamic criminal law are: killed and crucified, killed, cut off legs and arms crosswise and imprisoned. Whereas in positive law, the sanction is the death penalty, or imprisonment for a specified period of time.

Criminal Law Sanctions and the Practice of Their Implementation in Counteracting Some Crimes of Corruption

When analyzing the problem of counteracting crimes with a corruption component, specialists single out different areas: criminological, victimological, criminal prevention, organizational-management, etc. The authors of the article focus on such criminal law area as the application of criminal law sanctions and their effectiveness in counteracting some most common types of crimes of corruption. This topic is of much interest because the introduction of amendments into criminal legislation in 2003–2011 and later years that eliminated the minimum punishment of incarceration or fine for a considerable number of norms, the lack of coordination between specific types of punishment, and a number of other factors created conditions for a rather wide and often unjustified use of judicial discretion when determining punishment for crimes of corruption, which led both the research community and the practicing lawyers to believe that the criminal law itself contains a corruption component. The abovementioned factors, together with the task of liberalizing criminal legislation on economic crimes set by the country’s leadership, demand a simultaneous improvement of the effectiveness of criminal law measures used for the category of unlawful actions under discussion. Taking into consideration the analysis of criminal law sanctions for specific types of crimes of corruption, the existing court practice of awarding criminal sentences for them, and the statistical data of the Court Department of the Supreme Court of the Russian Federation, it is necessary to draw attention of court authorities and lawmakers to the existing problems both in the legislative content of criminal law sanctions and in their implementation; their essence is outlined in the current article. The choice of the types of crimes of corruption, the criminal law sanctions for which are analyzed in the article, is not accidental and is justified by their prevalence in the practice of law enforcement.

Dynamics of Criminal Law Sanctions

This article presents the results of a study on the dynamics of criminal sanctions in the current criminal law of the Russian Federation. The author studied the ways of transferring the sanction of the main corpus delicti to the sanction of the qualified corpus delicti. In the course of the study, the author identified some defects in the construction of certain criminal legal sanctions and proposed ways to eliminate these defects.

Analysis of Criminal Law Sanctions' Application Against Statutory Rape from the Positive Law Perspective on Ambon Island and Lease Islands

The purpose of this study was to analyze the application of criminal law sanctions against statutory rape in Indonesia. The analysis employed a positive law perspective and an empirical legal approach. The research data consisted of verbal utterances and observation results collected from Criminal Investigators at the Ambon Island and Lease Islands’ police stations. Data analysis was carried out through (1) data reduction, (2) data display, and (3) conclusion. The results of this study indicate that criminal sanctions against statutory rape in Indonesia are applied through the process of investigation, visum et repertum, prosecution and summons of suspects and witnesses, statements of criminal penalties for the perpetrators, and prevention of sexual immorality and rape. The criminal sanctions are based on “Law Number 35 of 2014 about Amendments to Law Number 23 of 2002 concerning Child Protection Articles 76D and 81. Keywords: criminal, intercourse, positive law

Penerapan Asas Legalitas dalam Penjatuhan Sanksi Pidana Atas Masyarakat Adat

In Indonesian, the main source of criminal law is in the Criminal Code and other Criminal laws and regulation. However, it is possible that customary law is considered as the source of law with certain limitations. This study aims to determine and analyze application of criminal sanctions to indigenous people and relevance of the legality of criminal law to customary law sanctions. The methodology used is juridical normative research method using a statutory and conceptual approach. With this research, the finding or conclusions are obtained that application of sanctions to customary law communities is recognized by several communities, and they believe that the customary court is a legal system that is still used by some indigenous peoples, and stipulation of customary criminal law sanctions is often not in accordance with the principle of legality which based on the principle and norms of criminal law as stipulated in the revisions of Article 1 Paragraph (1) of the Criminal Code. Therefore, in conclusion, the application of legality principle in imposition of criminal sanction to customary society still benchmark the customary law within the society itself.