Current Criminal Law Research Articles

Pertanggungjawaban Pidana Dalam Penyebaran Data Pribadi: Tinjauan Hukum Pidana Saat Ini

In an increasingly digital era, the issue of theft and dissemination of personal data has become a profound global concern. This research focuses on criminal liability in the dissemination of personal data, with the aim of reviewing and analyzing the current criminal legal framework in addressing violations related to personal data. The research employs a normative juridical method, referencing various legislations, court decisions, and relevant legal literature. We also analyze recent changes and developments in criminal law concerning the dissemination of personal data. The results of this research depict the complexity of regulations related to handling cases of personal data dissemination. Factors such as the type of data involved, the intent of the perpetrator, and the impact on affected individuals are crucial considerations in determining the level of criminal liability. The research also discusses potential criminal sanctions that may be imposed on perpetrators of personal data breaches, including fines and imprisonment. Additionally, we identify challenges in enforcing laws related to personal data and provide insights into potential improvement efforts. This research provides valuable insights into how current criminal law addresses the issue of personal data dissemination and promotes better protection for individuals in an ever-evolving digital era.

암호화된 스마트폰 압수·수색 규범의 법률화 필요성

The discovery of the substantive truth of a crime requires evidence. In the past, the confession of a suspect was considered the “king of evidence”. However, in modern criminal procedures that prioritize objective and scientific evidence, smartphones have taken over as the “king of evidence” due to their ability to contain various personal information such as photos, videos, voice recordings, location data, and messages. As a result, criminals employ various means to destroy their smartphones, while investigative agencies make efforts to prioritize securing the smartphones of suspects. The advancement of technology and features in smartphones has made the legality of the seizure and search procedures for smartphones crucial. However, the criminal procedure law has not developed in parallel to accommodate the changing landscape of seizure and search of smartphones. Therefore, provisions regarding analog evidence, a few regulations related to digital evidence, and court judgments and decisions form the norms for the seizure and search of smartphones. The current criminal procedure law lacks sufficient provisions regarding the seizure and search of smartphones and should be explicitly stated in the law in a timely manner. To address this, this paper examines the main regulatory contents by categorizing them into stages such as the issuance of warrants for the seizure and search of smartphones, execution of such warrants, selective seizure of smartphones, and analysis stages. Smartphones contain a significant amount of personal information. Therefore, excessive seizure and search of smartphones can infringe not only on the property rights of the person being seized but also on their personal information, privacy, and, in some cases, intellectual property rights. On the other hand, insufficient seizure and search can hinder the discovery of the substantive truth of a crime. Thus, regulations explicitly established in the law should comprehensively consider the characteristics of smartphones, the fundamental rights infringed upon the person being seized, and the discovery of the substantive truth. The seizure and search procedures for smartphones should not continue in their current defective form. Basic contents that need to be regulated by law should be explicitly stated in the criminal procedure law. To achieve this, the legislative and justice departments need to make more proactive efforts in the legislative process.

Legal Positions of the Constitutional Court of the Russian Fe­deration on the Guarantees of Protecting the Attorney-Client Privilege

The authors analyze the theoretical and practical problems of protecting the attorney-client privilege in criminal proceedings in light of the decisions of the Constitutional Court of the Russian Federation. The analysis of investigatory practice shows that violations of the attorney-client privilege are now quite a commonplace phenomenon. One of the ways of violating the attorney-client privilege widely used by the bodies of preliminary investigation is calling the attorney for interrogation, sometimes even using compelled attendance, and further interrogation. The position of the Constitutional Court of the Russian Federation is that the attorney, the defense lawyer for the suspect, or for the accused or the person who received legal assistance, can only be interrogated under certain conditions stated in Art. 56 of the Criminal Procedure Code of the Russian Federation. Although the Constitutional Court provided quite clear guidance multiple times, some law enforcers often ignore them thus violating the rights of not only the attorneys, but also their clients and trustees. The current criminal procedure law does not provide a mechanism of protecting attorney’s work and the associated attorney-client privilege, which would exclude ungrounded calls for interrogation and interrogations of attorneys. The authors present suggestions on improving this law aimed at ensuring the protection of the attorney-client privilege.

The human rights of sex workers in Portugal from 2020 to 2022

The legal, social and economic effects of the Coronavirus call for an analysis around law projects to change the current criminal law in Portugal on sex work. In the current social and economic crisis, Portugal is facing challenges in protecting the rights of those providing sexual services. In 2020 and 2021, respectively, two law projects were presented, one by a group of sex workers, and one by an independent member of parliament. The first aims to criminalize clients of sex workers, who are not criminalized under the present law, and the second aims for partially decriminalize procuring, which is currently a crime in Portugal. The evolution of this ongoing debate on enacting legislative alterations around the further criminalization or decriminalization of certain aspects of sex work will be analysed in this paper, with a focus on criminal law, human rights, and gender from an intersectional perspective. More specifically, labour and health rights will be approached, as well as the difference between human trafficking, forced prostitution, the exploitation of prostitution and sex work per se. Lastly, some pathways for a new regulatory model for Portugal, as well as for an international human rights ethics code for sex work will be proposed.

THE GOAL OF THE ECONOMIC WEAKENING OFGEORGIA–ACRIMINALACTIONOF GEORGIA – A CRIMINAL ACTION INTHEDISPOSITIONOFSABOTAGEIN THE DISPOSITION OF SABOTAGE

The paper deals with the criminal act sƟ pulated by ArƟ cle 318 of the Criminal Code of Georgia – a characterisƟ c feature of the subjecƟ ve side of sabotage – the goal of weakening Georgia and the problemaƟ c is-sues of its composiƟ on, while the problem in the disposiƟ on of the ArƟ cle is idenƟ fi ed and the ways to solve it are presented. As a rule, the weake ning of Georgia means the encroachment of the country's economic foundaƟ ons. The work also presents an overview of the legislaƟ on of foreign countries related to the research topic, which makes the problems associated with this issue more understandable for the reader, which is more felt in pracƟ ce.The current criminal law does not explain the purpose of weakening Georgia. To be fair, it should be noted that none of the scienƟ fi c community paid aƩ enƟ on to the problem raised in the paper, and therefore there are no scienƟ fi c studies on this issue. In this regard, the scienƟ fi c work is a kind of innovaƟ on and an aƩ empt to fi nd ways to solve the idenƟ fi ed problem. The concerns discussed in the paper are more noƟ ceable in pracƟ ce, in parƟ cular, when invesƟ gaƟ ng the facts of sabotage and iniƟ aƟ ng a criminal case on this charge, as well as when consideringthe case by the court and making summary decisions on the case. The purpose of the scienƟ fi c paper is to idenƟ fy the problems surrounding the subjecƟ ve side of sabotage and to determine the ways to solve them.

Qualification of digital crimes against person: problematic issues

Subject of the research is the norms of the criminal law establishing responsibility for crimes against the person, as well as explanations reflected in the Resolutions of the Plenum of the Supreme Court of the Russian Federation No. 58 of December 24, 2019, No. 46 of December 25, 2018, No. 16 of December 04, 2014.
 Purpose of the research is to improve the criminal law and law enforcement practice in terms of the qualification of new ways of committing traditional crimes against the person (murder, kidnapping, human trafficking, depraved acts, violations of the inviolability of the home), as well as socially dangerous acts, responsibility for which is not directly enshrined in the criminal law, but having the ability to harm human rights and personal freedoms in the conditions of digitalization (deepfakes, stalking, cyberbullying).
 Methods and objects of research: one of the methods used was the formal logical approach to the cognition of legal phenomena; also, the methods used were methods of analogy, generalization, differentiation, comparative-legal and formal-legal methods of research of public relations in the field of protection of individual rights and freedoms.
 Main results of research: is proposals have been formulated for the qualification of actions aimed at harming the individual through the use of modern technologies, as well as for improving the norms of the current criminal law and the provisions of the Resolutions of the Plenum of the Supreme Court of the Russian Federation in terms can influence the criminal legal assessment of the act in the conditions of criminal use of digital technologies against the individual.

Strengthening liability for unauthorised abandonment of a military unit or place of service in the light of current criminal law issues

The norm of criminal law in the part of crimes against the established procedure of military service, namely, unauthorized abandonment of a military unit or place of service, has been considered. The chronology of the formation of Article 407 of the Criminal Code of Ukraine has been characterized, the acquired changes, in particular, both in terms of disposition and sanctions. A comparative analysis of draft laws that increase criminal liability for unauthorized abandonment of a military unit or place of service has been carried out. The dispositions that took place in the application of changes to the current legislation have been outlined. The issues of draft law No. 8271 of December 8, 2022 on increasing responsibility for unauthorized abandonment of a military unit or place of service have been analyzed, in particular, a comparative analysis was carried out with a retrospective view. The impossibility of applying the institution of exemption from serving a sentence with probation was considered as a criminal legal consequence in the course of acquired changes. At the same time, separate criminal law norms that are applied by the courts after the acquisition of changes in the criminal legislation have been highlighted. In addition, an analysis of public opinion has been carried out, which gained resonance, and the main theses proposed by the authors of the petition have been outlined. Based on the fundamental positions of the public, the risks that are likely to occur in the practical plane of applying changes to the current legislation have been investigated. With the use of criminological research, statistical data have been provided that make it necessary to strengthen the responsibility of military personnel for committing crimes against the established order of military service. As part of this, quantitative indicators of the growth of military crime in different years and at different background stages of the socio-political situation, economic situation, etc. have been given. The expediency of applying the strengthening of legal responsibility of military personnel, in particular criminal, taking into account individual recommendations, has been emphasized.

A new period of evolution of the system of crimes against military service

The object of the study is the system of crimes against military service, as determined both in the current criminal law and in domestic criminal laws that have lost their force, as well as the system-forming criterion for its construction in the form of time and the situation of the objective side of crimes against military service. The purpose of the study is to establish that the specified criterion for constructing a system of crimes against military service in certain periods of the development of the national state and law had a direct impact on the structure of the system under study. The relevance of the study is connected with the need to solve the problems of protecting relations that develop in connection with the passage (carrying out) military service. The research is based on a systematic approach, as well as proven general scientific and private scientific methods. The novelty of the study lies in the fact that the norms of the criminal law on crimes against military service are studied from the point of view of a systematic approach. The authors continue to consider these norms precisely as a system, that is, a certain model, which is based on the criteria for its construction (system-forming criteria). The study of domestic sources of criminal law and an extensive list of scientific literature made it possible to establish that the criterion of constructing the objective side of the system of crimes against military service in the form of time and situation influenced its structure, but at present it is excluded, which allows us to state the beginning of a new period of its evolution, opening the "doors" for novelties of criminal legislation as in parts of the norms on crimes against military service, as well as other provisions of the criminal law. The study may be of interest both for scientists studying the problems of criminal liability for crimes against military service, and for representatives of the legislative branch of government in the Russian Federation.

Criminalization of denial of the genocide of the peoples of the USSR as an infringement on historical truth

The article is devoted to the problem of the current state and prospects of the criminal legal regulation of the denial of genocide in Russia. The issue is considered in the context of the implementation of the state task of protecting historical truth, enshrined in Part 3 of Article 67.1 of the Constitution of the Russian Federation and other legal acts. Historical truth is socially significant reliable information about historical events related to ensuring the security of Russia, consisting of accurately confirmed historical facts. From 2020 to the present, the genocide of the peoples of the USSR has been established by court decisions in 13 regions of the Russian Federation, which gives information about these events both confirmation and public significance. Analysis of the current criminal law has demonstrated that in its version, denial of the genocide of the peoples of the USSR is not a crime. The discovery of legal and social grounds leads to the conclusion that it is necessary to criminalize the genocide of the peoples of the USSR. The experience of regulating liability for genocide denial in European countries does not allow us to recommend it for reception. The experience of criminalization of such an act in the Republic of Belarus is considered preferable. As an alternative to it, a new version of Part 1 of Article 354.1 of the Criminal Code of the Russian Federation is proposed, providing for responsibility for denying the genocide of the peoples of the USSR.

The Evolution of the Institution of Error in the Criminal Law of Russia

Relevance. An analysis of the legal literature shows that when defining an error in criminal law, lawyers use different conceptual categories, which confuses the understanding and qualification of a legal or factual error. In this connection, the article considers the genesis of the institution of error in the criminal law of Russia, in particular, the classical approach to understanding, defining and systematizing errors, fixing the position that the only basis for criminal liability is the commission of an act that contains signs of all elements of a crime. In the article, the problem of an error in the current criminal law of the Russian Federation is revealed from the standpoint of the need to establish the internal attitude of the subject both to actions (inaction) and to the consequences in real life, to each legally significant objective sign of a particular act.The purpose of the study is to analyze the improvement of the institution of error in the criminal law of the Russian Federation.Objectives: to analyze the special historical and modern literature on the genesis of errors in domestic criminal law and, based on the current law, the achievements of the domestic science of criminal law, to summarize the experience of defining and logic-linguistic concepts of criminal law error.Methodology. The research was based on the application of philosophical methods for studying the categories that make up the concept of a criminal law error, as well as on general scientific methods: system-structural, analysis and synthesis; specific legal, comparative legal analysis of documents, content analysis of texts, etc.The results of the study are distinguished by the theoretical and applied orientation of the genesis of the institution of error in domestic criminal law and the identification of the most complete characteristics of the concept of criminal law error. Conclusion. Based on the results of the study, it is stated that the modern understanding of the institution of error takes into account historical approaches to the considered phenomenon in Russian criminal law, is based on them and corresponds to the criminal policy of the Russian Federation.

Конституционное право на свободу совести как объект уголовно-правовой охраны

Introduction: The relevance of the study is determined by the fact that, in accordance with the Constitution of the Russian Federation, the state guarantees equality of human rights and freedoms regardless of attitude to religion. To this end, the State prohibits insulting beliefs related to the expression of religious preferences by a person, as well as agitation based on religious hatred or enmity, as well as the creation of public associations, including religious ones based on the principles of religious superiority or intolerance. The growing complexity of social relations, the increasing role of religion in the life of society requires the state to pay close attention to compliance with legislation in the field of the freedom of conscience.
 The purpose of the study is to identify the features and problems of protecting the constitutional right to freedom of conscience through criminal law legislation.
 The object is the public relations protected by criminal law norms that arise in the field of preventing crimes that infringe the freedom of conscience.
 The subject of the study is the peculiarities of constitutional and criminal law protection and protection of the right to freedom of conscience.
 Research methods: analysis, synthesis, generalization, classification.
 Results. The author analyzes the current problems of criminal law legislation guaranteeing the implementation of the constitutional right to freedom of conscience. The author comes to the conclusion that the current criminal law guarantees protecting freedom of conscience in Russia do not fully comply with the Constitution of the Russian Federation. The study also proposed a definition of the concept of «crimes against freedom of conscience»; the author’s classification of types of crimes infringing the freedom of conscience is presented. It is concluded that the criminal law legislation in the area under study requires adjustment.

Falschgeld und sein Surrogat im Schweizer Strafrecht

The study aims to introduce the reader to the issue of criminal law protection of money in Swiss legislation against attacks on its authenticity in the form of forgery or counterfeiting. The solutions presented in the text, used on the basis of Swiss criminal law, to some extent, can provide a reference point both for undertaking separate and detailed analyses devoted to the domestic type of counterfeit money and for formulating balanced de lege ferenda postulates. Accordingly, the article contains a dogmatic analysis of the provisions typifying counterfeit money or its surrogates in Swiss criminal law. The argument was preceded by an indication of the distinguished categories of criminal acts aimed at protecting the circulation of money and other means of payment. Moreover, reference was made to the statutory threat of punishment provided for in Swiss law and to the specific basis for the confiscation decision. It is worth noting that the Swiss legal order is not one of the most desirable lines of analysis in the Polish legal doctrine. This fact is surprising insofar as the current criminal law of Switzerland was a significant inspiration for the drafters of the Polish Criminal Code of 1932. This leads to the conclusion that a closer analysis of Swiss institutions that protect money from counterfeiting is necessary and worth attention.

Правова природа праці засуджених, її цілі, завдання та особливості регулювання

This article will examine the legal nature and highlight the problematic issues of involving convicts serving a term of imprisonment in socially useful work. The goals and tasks of socially useful work as a means of correction and resocialization of such convicts are disclosed. The article formulates proposals for improving the current criminal law enforcement in terms of legal regulation of the application of community service to convicts serving prison terms. In the work, the author drew attention to the fact that one of the important components of the normal functioning of any socie. Work is the primary basis and necessary condition for the life of people and societies. Work primarily shapes a person, educates his will and character traits. It should be noted that work is not only a means of biological development of a person, but also a tool for continuous development, formation of personal needs, contributes to the growth of his abilities, skills and the ability to use them. The author believes that it is necessary for the state to provide adequate material and financial support for penal institutions, to provide convicts with the opportunity to choose the desired field of activity, in accordance with their specialty and wishes, to ensure the appropriate level of remuneration and to create the necessary conditions for it. All this will contribute to the convict's positive attitude towards work, his own desire to engage in it in order to return to society as a full-fledged member of it. Taking into account the main provisions about the role of work in the development of society and the formation of human consciousness, it is one of the main means of correction and resocialization of convicts.

Criminal Law Protection of a Child by means of Slovak Criminal Law and European Union Law

Background: The contribution is focused on current challenges in the criminal protection of children field by means of criminal law in the Slovak Republic and the European Union. The authors define the term, “child,” in the applicable law. They examine in detail the legal regulation of the child’s position as a victim, especially as a particularly vulnerable victim in criminal law. Attention is given to the victimisation process in relation to the specifics of the child. The legal regulation of criminal law in the Slovak Republic, as well as within the European Union, reflects the need for a special approach to the protection of children and youth, and adequate legal instruments are gradually being created and introduced. Methods: Legal comparison, content and functional analysis of legal acts, analysis of court decisions, historical analysis, and comparisons were used to process research data. Results and Conclusions: The current criminal law regulation of the status and protection of children and youth in the Slovak Raepublic requires regulation to effectively respond to new threats and risks, primarily associated with the increase of criminal activity against children in the virtual world. New forms of criminal activity by using computer technology and social networks are constantly increasing. Prevention and education are irreplaceable aspects of the protection of children and youth from crime. It is more effective to have a good prevention system than to deal with the consequences. Based on our research, we recommend introducing a subject focused on the prevention and intervention of crimes of a sexual nature into the education of school-age children. At the same time, we recommend continual building of specialized workplaces within law enforcement bodies in the Slovak Republic.

Mitigation of punishment and criminal defenses in criminal legislation of Canada and Republic of Uzbekistan (comparative analysis)

The existing paper provides a comparative analysis of the criminal legislation of Canada and Uzbekistan in terms of consideration of the mitigation of punishment and criminal defenses. In detail, the present research provides an overall overview of the mitigation of sentence institute in accordance with the existing editions of the Criminal Code of Canada and the Criminal Code of the Republic of Uzbekistan, including the issues of determining the punishment for the criminal offences committed in a state of mental disorder, as well as insanity and diminished responsibility for incomplete offences and criminal complicity, including criminal defenses, institutions on the withdrawal (voluntary refusal) from the commission of an offence and innocent harm, etc. Pursuant to the results of the conducted analysis, similar and different sides of current criminal laws have been clarified. Decisions on the performed analysis and a final conclusion on the implementation of Canada's some criminal law norms to the criminal law of the Republic of Uzbekistan have been provided

About the prospects of improving the title of Chapter VII of the Special part of the Criminal Code of Ukraine

The article is devoted to clarifying the prospects for improving the title of Chapter VII of the Special Part of the Criminal Code of Ukraine, which provides for responsibility for criminal offenses in the field of economic activity. The indicated problem is highlighted taking into account the achievements of criminal law science, foreign legislative experience and the provisions of the projected domestic criminal legislation.
 The advantages and disadvantages of each of the three main options (methods) of improving the Criminal Code of Ukraine in the studied part proposed in the legal literature are analyzed. The ratio of economic relations and property relations is shown. Arguments are presented in favor of setting out the title of the relevant section of the current criminal law in the following wording: "Criminal offenses against economic and financial activity".
 The inexpediency of separating an independent section entitled "Criminal offenses in the sphere of banking" in the Special Part of the Criminal Code of Ukraine is substantiated.
 On the basis of a brief analysis of the provisions of the names of the structural parts of the project of the new Criminal Code of Ukraine, devoted to economic torts, a conclusion was made about the general acceptability of the approach professed by the developers of this document. In particular, the comprehensive approach of the project developers is supported, who, taking into account the multifaceted nature of the objects of "economic" encroachments, not only refused to designate them with a single term (or phrase) such as "in the sphere of economic activity", "against the economy", etc., but also found it expedient to distinguish two independent structural units, which deal separately with criminal offenses against finances (Chapter 6.3) and criminal offenses against business order (Chapter 6.4).
 Prospects for further scientific research in the researched field are determined.

Criminal-legal significance of minority of the injured as an aggravating circumstance

The article considers the criminal law significance of signs of infancy and minority of the victim as an aggravating circumstance in the criminal legislation of the Russian Federation. Thus, the subject of research is the social relations that characterize the named circumstance. As part of the work, the author studies various doctrinal approaches to the definition of the concepts of "juvenile" and "minor" in the context of the issues under consideration. In addition, the study touches upon the law enforcement problems of taking into account the infancy and minority of the victim when qualifying a socially dangerous act. The author notes that the inclusion of the minority of the victim among the circumstances under consideration is dictated by the special danger of the person committing such an attack, his inhumanity, the baseness of the motives that prompt him to commit a crime. By analyzing the legal framework, statistical data and provisions of the theory of criminal law, controversial and problematic aspects of the application of the norms of the current criminal legislation in the context of taking into account the minor age of the victim as an aggravating circumstance are revealed. The paper notes that these signs affect the nature and degree of public danger of a crime, differentiating responsibility, being important for qualifying a criminal act and imposing a just punishment. The author proposes recommendations for changing the current criminal law in the relevant part. The author notes that the proposed changes will make it possible to improve the process of individualization of the punishment imposed on the guilty, and will also allow an objective assessment of the degree of public danger of the deed when the court decides the sentence.

Qualifying signs in the criminal legislationof the Russian Federation: current state

Subject of research: features of the use of qualifying features in criminal law norms.
 Purpose of research: to determine universal requirements for qualifying features for their subsequent application in a Special part of the Criminal Code of the Russian Federation.
 Methods and objects of research: the methodological basis was the dialectical method of scientific cognition. Also, in the course of the research, private scientific methods of cognition used in the humanities were used. For example, when presenting the material, formulating conclusions and research results, methods of formal logic were used. In determining the criteria for the selection of qualifying features, an inductive, deductive method was used. The content analysis method was used in the study of a Special part of the Criminal Code of the Russian Federation for compliance with the requirements for qualifying features.
 Results of research: the content of the requirements for legally significant signs is disclosed, which indicate a significant increase in the degree of public danger of a crime containing signs of the main composition, and therefore are used as qualifying signs in the norms of the Special part of the Criminal Code of the Russian Federation. Proposals are formulated to improve the norms of the current criminal law in terms of the specifics of the use of qualifying features.

Theoretical and Applied Analysis of the Category "Obstruction" in the Articles of the Special Part of the Criminal Code of the Russian Federation

The article considers the elements of crimes of a special part of the Criminal law, containing the category "obstruction" as a constructive element of the objective or subjective side. The methodological basis of the research is the classical general scientific methods of cognition, as well as special methods of legal research, in particular, comparative legal, empirical, as well as the method of legal practice, and linguistic means of cognition of the studied category, which allows us to establish the meaning of the term in its original understanding before its implementation in criminal law. The analysis allows us to conclude that there are ambiguous approaches in understanding the content of obstruction as an independent criminal legal category. Firstly, it refers to various elements of the corpus delicti. Secondly, in some compositions, the fulfillment of the objective side of the crime committed by obstruction is possible only by action, and in others by inaction. In Chapter 22 of the Criminal Code of the Russian Federation, obstruction is the result of illegal activity, which corresponds to the lexical meaning of the term in question. However, such an understanding gives rise to a qualification question about the possibility or impossibility of qualifying acts according to the rules of the multiple offences. According to the results of the study, the author comes to the conclusion that the current criminal law regarding the use of the category "obstruction" is subject to change: it is necessary to attribute obstruction exclusively to the signs of the objective side, in its legal and lexical meaning it cannot be the purpose of committing a crime. The norm of Art . 169 of the Criminal Code of the Russian Federation is subject to exclusion, since the methods of committing a crime are excess and abuse of official powers, responsibility for which is provided for in the chapter on official crimes. When describing obstruction as a sign of the objective side of the crime, an indication of the commission of a crime in any form should be excluded, since this creates problems in law enforcement practice in terms of additional qualifications if the method of obstruction is an independent crime.

CONSTRUCTION OF INDONESIAN CRIMINAL LAW POLICY ON THE CRIME OF MONEY POLITICS IN GENERAL ELECTION

Money politics in general elections is one of the things that harm democracy by creating injustice. The rise of money politics is partly due to regulatory loopholes that cannot reach the perpetrators of money politics. This article aims to provide insight into the construction of Indonesia's current criminal law policy governing money politics and its effectiveness in combating electoral corruption. This research uses the empirical normative juridical method by referring to secondary data from legislation and scientific literature. The results conclude that the construction of criminal law policy on money politics is in-laws, including the Criminal Code and Law No. 7/2017 on General Elections. However, these laws are not effective in overcoming the crime of money politics. Comprehensive improvements are needed to overcome money politics in general elections, such as clear and firm regulations with strict legal sanctions, a legal apparatus with integrity, and political education for the community to prevent the practice of money politics. Thus, it is expected to reduce and overcome money politics and maintain the integrity of democracy in general elections.