Current Criminal Policy Research Articles

Reconstruction of Criminal Policy for Police Personnel who Abused Drugs Based on Justice Value

The background of this research is to find the weaknesses of the current Criminal Policy for Police Personnel Who Abused Drugs and how to Reconstruct the Criminal Policy For Police Personnel Who Abused Drugs Based On Justice Value. This research is a normative-legal type of research that is used to examine the function of a norm that lays the law as an instrument that regulates and controls society. The approach used in this research is conceptual, a statute approach, a philosophical approach, and a comparative approach. The analysis used in this research is descriptive-qualitative. The results show that Police officers who are suspected of using narcotics and subjected to the investigation must still be considered innocent until proven through a court decision that has permanent legal force (the principle of presumption of innocence) as stipulated in Article 8 paragraph (1) of Law no. 48 of 2009 concerning Judicial Power. However, in reality, the enforcement of the police professional code of ethics against members of the police who are entangled in criminal cases of narcotics abuse has not been carried out properly as the police still do not immediately take firm action against members who are entangled in criminal cases of narcotics abuse, it is impressed that the police are still protecting their members and are considered after the members have been tried in general court and were found guilty of committing a narcotic crime. The police should be able to monitor their members more and instill a higher law-abiding attitude so that their members can avoid criminal acts of drug abuse, such as urine tests. For those who have the authority to prosecute violations of the code of ethics committed by members of the police, they should be more strict in taking action against police who are caught in narcotics use cases and should be rehabilitated as soon as possible, not fired or imprisoned.

Special criminal policy to prevent the victimization of students in school

Background and Aim: This article aimed to analyze the current criminal policy in light of some reasons related to students' victimization. In every society, there are various people and groups whose lives are threatened by certain criminals. Students are one of these groups; Factors such as the general expectations of society, the sensitivity of the media on the victimization of students, the trust of parents in the school, and the constructive role of the school in the education of a person require that this type of victimization be seen in a particular way in the criminal policy. School crimes have similar characteristics (such as the type of offender, the victim, the motive of the offender, and the time and place of occurrence), which can be studied in the light of criminological theories. On the other hand, capacities can help the formation and success of a particular criminal policy. Such as the fundamental role of the Supreme Council of Education, the training of bullies in school, the existence of special monitoring units, the possibility of applying preventive measures, managing the conditions of the bully, and using the capacities of restorative justice and disciplinary responsibility. Finally, in order to make the best decisions, the special criminal policy creates an interaction between all the people effective in preventing victimization and implements the policies in the context of this interaction. Conclusion: So, in the first step, this necessity should be understood, and the normative thoughts in the field of education should be justified and convinced towards creating this policy. In the next step, the formation and implementation of criminal policy components are essential. after realizing the necessity of creating a particular criminal policy, it is necessary to implement it; in addition to using the opinions and guidance of experts in the field of education, we should also use the guidelines of criminology experts. The existence of a particular criminal policy can show the success rate of programs based on a period and findings.

PERSPEKTIF KEBIJAKAN KRIMINAL DALAM UPAYA PENANGGULANGAN TINDAK PIDANA NARKOTIKA DI INDONESIA

The current criminal policy in tackling narcotics crime in Indonesia is the enactment of Law Number 35 of 2009 concerning Narcotics. Most of the criminal sanctions in the Narcotics Law are formulated cumulatively. The inclusion of minimal criminal threats. Unclear regulations regarding corporate criminal acts. Criminal Policy Perspective in Combating Narcotics Crime in Indonesia must be carried out in accordance with the basic concepts of criminalization. The development of the provisions of the narcotics crime can be found in the draft Criminal Code with the idea of recodification. The RKUHP formulation should have been done by evaluating the implementation of the law that has been carried out so far. But in fact, the provisions regarding narcotics crime in the Chapter "Special Crimes" are only done by copying and pasting the formulation of the criminal provisions in the Narcotics Law (Narcotics Law). The RKUHP does not clearly regulate the administrative aspects that are the core of the Narcotics Law, such as guarantees of rehabilitation for narcotics addicts and victims of drug abusers. The accommodation of narcotics crime in the RKUHP emphasizes that the approach used by the State in dealing with narcotics problems is a criminal approach not a public health approach.

PENGUATAN KEWENANGAN PENUNTUT UMUM MELALUI PENGESAMPINGAN PERKARA PIDANA DENGAN ALASAN TERTENTU

The implementation of the principle of opportunity is realized through the authority to overrule criminal cases. In Indonesia, this authority only becomes the authority of the Attorney General, and is limited to reasons of public interest. The public prosecutor is not equipped with the authority to set aside the case for certain reasons, such as the quality of crime is low, the suspect is too old / young, the health condition of the suspect, payment of compensation, and so forth. This article intends to question the practice of law enforcement that occurs due to the limited authority given by the law to public prosecutors and the prospect of regulating the authority of public prosecutors in setting aside criminal cases for certain reasons. Limited authority creates a judicial process that is not in line with the principleof due process of law. Small cases remain tried in court. In addition, the limited authority, raises the paradigm that the current criminal policy tends to prioritize the means of punishment to tackle crime. As a result, the occurrence is overcrowded in correctional institutions. Ius Constituendum has accommodated the authority to set aside cases for certain reasons. The regulation is expected to bring changes to create a criminal justice process in accordance with the principle of due process of law. Public prosecutors are expected to be more tolerant in determining attitudes, to prosecute or not sue someone based on human values and justice. The regulation is intended so that the public prosecutor can really be the controller of handling criminal cases as mandated by the universal principle of dominus litis

FUNDAMENTOS DA ESCOLA CLÁSSICA DA CRIMINOLOGIA E PERSPECTIVAS DOS CADETES DA PMDF

A pesquisa apresenta as premissas da Escola Clássica da Criminologia, sua base filosófica, seus principais expoentes, métodos e implicações em políticas criminais atuais e avalia se os cadetes da 22ª Turma da PMDF se identificam com seus postulados, buscando analisar quais políticas criminais e soluções na seara criminal serão área de interesse dos futuros comandantes.
 
 Nesse sentido, indagou-se, se os cadetes se identificavam com esses postulados? O fato de alguns desses cadetes já terem experiências em agências do Sistema Penal, interferiam em suas concepções?
 
 Para responder essas questões, a metodologia da pesquisa consistiu em pesquisa bibliográfica e aplicação de questionários aos cadetes da 22ª Turma, tendo como hipóteses que os cadetes que já exerceram funções no sistema criminal teriam maior identificação com a Escola Clássica.
 O universo da amostra foi de 115 (cento e quinze) cadetes da 22ª Turma do CFO. Foram colhidos 87 (oitenta e sete) questionários respondidos manualmente e alimentados pelos pesquisadores na plataforma “SurveyMonkey”, o que corresponde a 75% da população total objeto do estudo.
 Com base na análise dos resultados foi possível constatar que a maioria significativa dos cadetes da 22ª Turma se identificam com pressupostos e valores da Escola Clássica da Criminologia.

Procesuiranje zločina iz mržnje u Republici Srbiji i Bosni i Hercegovini

The author deals with the issue of prosecution of hate crimes in Serbia and Bosnia and Herzegovina. In this regard, the author tries to elaborate on the most important concepts related to the legal regulation and the fight against this type of crime, to point out their differences and relationships. The paper pays special attention to the problems that judicial authorities face when they prosecute hate crimes. The current criminal policy is extremely mild; the existence of hatred as a special motive has not been taken into account and the goal is only to determine whether there is a criminal offense. The author tries to point out how important it is for a country to demonstrate determination in combating violence, which means not only the protection of individuals by the authorities and not only a contribution to social equality, but also implies state measures to promote rights and freedoms of all citizens that are guaranteed by the highest legal act - the Constitution. The paper emphasizes that one of the ways to combat this behavior is the introduction of the provisions on hate as an aggravating circumstance in the Criminal Code. Of course, it should be noted that the situation in the society cannot automatically be improved by introducing the aforementioned provisions. This is a long-term process, so it is of utmost importance the successfully implement the law as the prevention of future crimes depends on it. Therefore, the introduction of hate crimes into law is the first step towards a society in which hatred will not be tolerated. The paper aims to point out the basic shortcomings in the legal framework and practice in Bosnia and Herzegovina in this domain by observing it through the prism of criminal acts committed out of hatred as the primary focus of analysis, adopting the proposition according to which the specific social context in Bosnia and Herzegovina dictates greater intervention in the domain of criminal regulation of expression of hatred and prejudice.

The Problem of Correlation Between the Criminal Policy Humanization and the Concept of Justice at Imposing Criminal Penalties in the Republic of Kazakhstan

The article raises the problem of unjustified humanization of criminal legislation and the practice of imposing a punishment. Imposing a punishment as a legal category has been extensively studied in the works of national and foreign scholars specializing in criminal law. However, despite the importance of this institution both for the convict and for the society as a whole, this penal institution remains one of the most problematic ones. The existing conflict between the current criminal policy humanism and the concept of social justice in criminal legislation, the adequacy of a punishment to the social danger of the offense being a part thereof, makes enormous harm to all law enforcement activities. It also causes negative response in the society, thus reasonably attracting a heightened attention of criminologists and experts in criminal law and procedure. The purpose of this work, as the author sees it, is trying to find feasible solutions to one of the most urgent problems of imposing a punishment. Attention is drawn to the fact that the concept of humanism has two aspects and implies, first of all, the protection of interests of law-abiding citizens. The author considers topical issues concerning the observance of the rights of victims through the solution one of the main tasks of criminal law, namely: to restore social justice by imposing a proportionate criminal punishment. Certain provisions of the theory of criminal punishment, as well as the practice of imposing punishment by the court, are studied here. Insufficient development of norms in the current criminal legislation can create problems in law enforcement, which, in turn, can lead to a significant violation of the victims’ rights. The author makes recommendations that can contribute to the improvement of the penal system consistent with the principle of humanism, considering the interests of the victims.

La prevención general y especial en el sistema penal y penitenciario colombiano

El derecho que el Estado tiene de perseguir y reprimir las conductas que lesionen o pongan en peligro bienes jurídicamente tutelados, no lo sustrae de las obligaciones que éste tiene para la totalidad del conglomerado social, incluyendo la población carcelaria. Los ciudadanos que se encuentran inmersos en el sistema penitenciario, deben ser objeto de especial protección de las instituciones gubernamentales, en procura de su resocialización, ofreciéndoles oportunidades concretas y eficaces que permitan la integración del ex reo al aparato social y productivo de la Nación, sin segregar a la población carcelaria del goce y ejercicio de sus derechos resocializatorios, que desde los desde los imprescindibles aportes doctrinales, hasta la realidad histórica hoy conocida y regida por la actual política criminal, determinan la imperiosa necesidad de no solo ofrecer posibilidades serias de reintegración a la vida en comunidad, sino que más importante aún, deben garantizar que no solo unos pocos miembros de ciertos sectores sociales o políticos sean los únicos benefactores de la aplicación de la prevención general y prevención especial. Este documento ofrece desde un método descriptivo los fines y funciones de la pena dentro de nuestro ordenamiento constitucional y legal, soportado en décadas de estudio por parte de doctrinantes y prestigiosos juristas.

Apuntes para una política criminal con memoria

The chilean public debate frequently employs the concept of citizen security in order to define the current criminal policy model. Likewise, experts state that this model faces new criminal realities and, therefore, new characteristics. Nevertheless, a comparison with former penal policies hasn't been drawn and the period of comparison hasn't been identified. The present article aims to show the common features of the political criminal discourse of the legislature during 1932-1973 and between 2000-2012, in order to reveal new elements which could contribute to the construction of a criminal policy with memory.