Draft Criminal Code Research Articles

Gender Stereotype in the Formulation of Crime of Rape: A Comparison of Criminal Code and Draft Criminal Code

Rape is one of the crimes that may embody stereotype gender, likewise in Indonesian Criminal Code. However there is development conception concerning crimes of rape put forward in The Draft of Criminal Code. This study aims to determine the different provision of crimes of rape in Criminal Code and The Draft Criminal Code. The result of this study concluded that the provision of rape in the Draft Criminal Code have more advance than the provision of rape in Criminal Code. The Draft Criminal Code has renounce crime of rape base on gender by not showing woman as the only victim of rape. Furthermore the provisions of rape in the draft criminal code have asserted method of rape that not only by intercourse. Therefore the provision of crime of rape in the draft criminal code can include rape whose victim are boys or men.

The current state of the legislative implementation of criminal law policy

Purpose. The aim of the work is to consider the novelties of the legislative work, which provide for the concept and classification of criminal offenses in accordance with the current edition of the Criminal Code of Ukraine and the draft of the new Code developed by the working group and put up for public discussion. Point out the gaps in the current legislation and the need to revise individual rules of the project in this aspect. The methodology. The methodology includes a comprehensive analysis and generalization of the available scientific and theoretical material and the formulation of appropriate conclusions and recommendations. During the research, the following methods of scientific knowledge were used: terminological, logical-semantic, system-structural, logical-normative, comparative-historical. Results In the course of the study, it was determined that despite the fact that the amendments to the Criminal Code of Ukraine came into force in July of this year, their perfection, in terms of legal technology, raises many objections. On the basis of a comparative study, it was determined that the Draft Criminal Code of Ukraine needs further revision taking into account the opinions of experts in the process of public discussion. Originality. In the course of the study, it was established that the classification of criminal offenses proposed in the new edition of the Criminal Code of Ukraine does not stand up to criticism, since other elements of the classification appear in subsequent articles, which are not covered by the existing one. The draft Code, using a qualitatively new approach to this issue, retains the elements of the previous classification and has no practical significance in law enforcement. Practical significance. The results of the study can be used in law-making activities to improve the norms of the current Criminal Code, to classify criminal offenses, as well as to further improve the draft Criminal Code of Ukraine.

PARADIGM OF DEATH PENALTY (COMPARATIVE STUDY IN INDONESIA, SAUDI ARABIA AND CHINA)

The death penalty is one of old criminal type as the age of human life, and the most controversial crime in of all criminal systems, both in countries that adhere to the Common Law System and in countries that embrace Civil Law, Islamic Law and Socialist Law. There are two main thoughts about the death penalty, namely: first, those who want to keep it based on the force provisions, and second are those who wish to the abolition as a whole. Indonesia includes a country that still maintains capital punishment in a positive legal system. This paper aims to resolve problems of the death penalty concept concerning the controversy purpose of the death penalty and to analyze the regulations, procedures and philosophies regarding the death penalty in Indonesia, Saudi Arabia and China. This paper uses normative juridical research and the methods based on the doctrine and developed by the author. The approach used the legal approach, historical approach and comparative approach, then analyzed by the customary method.The result of the study shows that the death penalty can be seen from the philosophical aspects of Indonesian criminal law, as well as the philosophical aspects of Islamic and Chinese criminal law. So that everything can not be separated from the essential legal objectives, namely for the creation of justice. Death penalty in Islamic law turns out the concept of restorative justice specifically for the crime of deliberate killing (al-qatl al-'amd), which the execution highly depends on the victim’s family. The victim’s family, in this case, has the right to choose whether qisas (death penalty) or their apologize for the murder suspect, and diyat payment. While China in the implementation of death penalty applies the concept of rehabilitation, which in the execution of the death penalty is called a death penalty delay for two years and in its implementation, the defendant is given a job and control them. Whereas in Indonesia, capital punishment is a specific criminal offence and threatened with alternatives and is still a draft Criminal Code.

THE PHENOMENON OF LANGUAGE GAMES AS COLLEGE STUDENTS RESPONSES TO THE REVISED CRIMINAL CODE DRAFT 2019: A SOCIOLINGUISTICS STUDY

A language game is a form of utterance that obtains various deviations, which is intended for various purposes and contains of more than one meaning that depends on how it used and to whom it is intended. In connection with this topic, this paper was made to analyze the phenomenon of language game originating from among students in some demonstrations aimed at the government especially the House of Parliament (DPR) regarding the revised criminal code draft (RUUKUHP) 2019 that was launched to be ratified. For this reason, the data used are portraits of posters and banners sourced from various cities in Indonesia with various forms of utterance. Accordingly, this study will analyze the data based on sociolinguistic studies to understand language problems related to the elements and functions of language. Data were analyzed using a descriptive qualitative method. Eventually, there were various forms of language games that were found such as, sound substitution, sound addition, abbreviations, metaphor, polysemic, idiom, entailment and rhyme. The language game mentioned was created with various objectives such as criticizing related policies, making fun of the related performance and just creating humor.

Abortion by Rape Victim: A Dilemma in the Drat of Penal Code and Indonesian Health Law

In this present time, the debate about abortion in Indonesia is increasingly crowded. Abortion is also carried out by women - victims of rape to reduce the burden they suffered. The regulation on abortion in Indonesia has been regulated in the statutory regulations, namely the Criminal Code, especially in Article 346, Article 347, Article 348, and Article 349. In the RKUHP (Draft of Criminal Code), abortion regulation is regulated in two chapters namely, Chapter XIV Article 501 and Chapter XIX Articles 589, 590, 591, 592. In addition, the government has also issued several regulations governing abortion such as Government Regulation No. 61 of 2014 concerning Reproductive Health and also Law No. 36 of 2009 concerning health. However, the various regulations that exist between the Criminal Code, RKUHP, PP and the Act actually contradict to each other. There is no synchronization between the regulations regarding abortion by women rape victims. The KUHP and RKUHP clearly do not allow abortion in Indonesia and do not legalize it without any exception, including abortion carried out by women victims of rape. Whereas in Law Number 36 of 2009 concerning health, abortion can be carried out on an indication of medical emergencies and pregnancy due to rape that causes psychological trauma, so abortionists cannot be prosecuted as criminal.

Criminal Policy Formulation on Regulation of Death Penalties for Criminal Actors

This article is encouraging this problem solving with finding and analyzing the formulation of the criminal offense criteria to punishable by death in Indonesian criminal law and reformulation of setting the criminal offender measurement that sentenced to death from the perspective of ius constituendum. The article based on normative legal research by examining primary and secondary legal materials by collecting legal-materials using a card system. The analytical approach uses legislation, concepts, and comparisons. The research analysis was present in the form of descriptive analysis with evaluative, systematic, formulating, and argumentative techniques in this article. The results of this research that conducted are the Indonesian criminal law does not regulate the criminal act criteria that punishable by death so that the execution of the death penalty results in injustice to both the perpetrator, the victim, and the community. The reformulation of Indonesian criminal law shall focus on the objectives and guidelines for the punishment of perpetrators of criminal offenses punishable by death refers to the Draft Criminal Code and the involvement of the victim and the community in their interests if in the execution of capital punishment there is a change to imprisonment or life imprisonment

Criminal law regulation in the professional activity of a journalist

Purpose. The purpose of the work is to determine certain aspects of criminal law regulation of a journalist's professional activity. Indicate the elements of such regulation. Draw a distinction between the protection of the professional activity of a journalist and his personality, as a representative of society, performing a special role. Analyze certain features of the protection of the professional activity of a journalist in countries that have a part of a common history with Ukraine. The methodology. The methodology includes a comprehensive analysis and generalization of the available scientific and theoretical material and the formulation of appropriate conclusions and recommendations. In the course of the research, the following methods of scientific knowledge were used: terminological, logical-semantic, system-structural, logical-normative, comparative-legal. Results in the course of the conducted research it was determined that the professional activity of a journalist has sufficient protection by criminal legislation. As for the protection of the journalist himself, it can be considered excessive, which is also indicated by a superficial analysis of the criminal legislation of certain foreign countries. On the basis of a comparative study, it was determined that the draft Criminal Code of Ukraine eliminates certain problems of excessive criminal legal protection of the journalist’s personality. Scientific novelty. In the course of the research, it was established that the elements of protection of the professional activity of a journalist and his personality can be divided into three conditional groups: 1) protection of professional activity, 2) protection of the personality of a journalist and his rights, 3) some immunities of professional activity, that is, non-recognition of certain actions as a criminal offense journalist. As for the criminal offenses, to the commission of which the journalist may be involved, the conditional division can be - offenses related to professional activities and offenses not related to such. Practical significance. The results of the study can be used in law-making activities to improve the norms of the current legislation providing for the protection of the professional activity of a journalist, as well as for further scientific research on the issues of protecting a journalist and his professional activity in Ukraine.

PRO KONTRA RANCANGAN KITAB UNDANG-UNDANG HUKUM PIDANA TAHUN 2017

This paper discusses the pros and cons of ratification of the 2017 Draft Criminal Code. The purpose of this research is to find out and analyze what is the basis of the conflict so that the 2017 Draft Law Book will not be ratified in 2019. Discussions on the problems that have been determined are discussed using normative legal research methods, explanatory with primary, secondary and implied legal material. The approach used is a concept approach, history and approach to the law. The rejection from the public for the ratification of the 2017 Draft Criminal Code is due to a lack of understanding of the substance of the articles which are considered controversial. In addition, according to some experts in the Draft Book of the Criminal Law, it is regulated again about what actually has been regulated in a special criminal law. This makes it possible for the law to be vulnerable to misuse in its application. Actually, if you read more carefully the Draft Book of the Criminal Law, new rules will be found that have been adapted to the values ​​contained in the Pancasila principles. In the end it would be better if the Draft Book of the Criminal Law was passed into law.

The Shift Paradigm of the Death Penalty in the Draft Criminal Code

This study aims to determine the concept of the death penalty in the future Indonesian criminal law. The method used is a normative research method. The approaches in this research are the statute approach, conceptual approach, historical approach, and comparative approach. The conclusion based on the results of the research, the death penalty in the Draft of the Penal Code is no longer a primary punishment but has separate rules. The provisions of the death penalty in the Draft Penal Code is particular and as an alternative punishment. The purpose of this death penalty provision includes giving broader consideration for judges in giving decisions as not arbitrary towards the convicted; give more attention to the objectives of the punishment. Additionally, the provision advocates the death penalty as a last resort in protecting the community, as the judges shall look for other punishment as an alternative to the death penalty. The Draft of the Criminal Code bases on Neo-Classical school of thought, which maintains a balance between objective factors (actions/outward) and subjective factors (people/ inner/inner attitudes).

CRIMINAL LEGAL POLICY AND UNCONSTITUTIONALITY ON CONTEMPT OF RULER OR PUBLIC BODY

Contempt of ruler or public body are criminal offence which stipulated in article 207 and 208 Penal Code of Indonesia. In practice, there is legal uncertainty because substantially contradict to Constitutional Court Decision No.013-022/PUU-IV/2006 about contempt of President/ Vice President and No. 6/PUU-V/2007 about contempt of Indonesia Government. This paper wants to found criminal legal policy and constitutionality on contempt of ruler or public body. The research method used is juridical normative with regulation, doctrinal, and decision approaches. The result of study shows changes of criminal law policy on contempt of ruler or public body based on comparison of current Penal Code and future Penal Code Draft with changes elements of formulation: (1) suspect; (2) intention; (3) victim; (4) sanction; (5) impact of action, the norms also transform from general offence to complaint offense. Next, analysis to Constitutional Court decisions about contempt of President/Vice President and Indonesia Government which declared null and void, found related legal reasoning: First, violate freedom of expression; Second, violate right to get information; Third, causing legal uncertainty; Fourth, no longer suitable with society development; Fifth, changes in norms on Criminal Code Draft; Sixth; follow previous decision; Seventh, against universal value in international law. Then, the constitutional interpretation methods used in the decisions are: (1) Ethical Interpretation; (2) Historical Interpretation; (3) Futuristic Interpretation; (4) Doctrinal Interpretation. Therefore, according on similar legal reasoning and constitutional interpretation, article 207 and 208 Penal Code also supposed to be stated unconstitutional.

Fungsionalisasi Undang-Undang Darurat, Nomor 1 tahun 1951 sebagai Suplementasi dari Pasal 284 Kitab Undang-Undang Hukum Pidana Indonesia

The Penal Code of Indonesia as the heritage of Colonial Regime, in some instances is not in line with the people of Indonesia. One of them is that the article 284 concerning the prohibition of adultery, that has difference in concept with the values owned by Indonesian people. Therefore, there should be a breakthrough that the article adopts contemporary condition and be in line with the way of life of the people of Indonesia, especially related the first pillar of Pancasila, that is believe in one God. The purpose of this article is to discuss and convey the idea of the existence of Emergency Law No. 1 of 1951 concerning Temporary Measures in Organizing the Unity of the power and procedure of Civil Courts as supplementation of the article 284 of the Penal Code. This research applied normative juridical method and applicable law approach. The result of this study finds that Article 284 of the Penal Code could basically be accepted as one of the offense entities, but it is considered as lack Indonesia's spirit, even some consider that it not as a form of values in Indonesia people. The compliance between the law and the nation’s spirit is very important because the nation’s spirit is a source of material law that creates people’s legal awareness, as a guideline for law enforcement, as well as a source of the people’s law obidience. Considering the weaknesses and limitations of the article 284 of Penal Code in regulating adultery and the controversy of several articles in the draft Criminal Code which ended by the suspension of enactment and implementation, the Emergency Law No. 1 of 1951 can be enforced as supplementation of th article 284 of the Penal Code in order to maintain the balance and order in the society

Política criminal en Chile: entre lógicas tecnocráticas y participación ciudadana

El presente artículo aborda la producción de instrumentos jurídicos en Chile, como revelador de las tensiones entre las lógicas tecnocráticas1 y las demandas de participación ciudadana, que interpelan el modelo de gestión pública en el país. Con este fin, toma la experiencia del Anteproyecto de Código Penal presentado por el Ministerio de Justicia y Derechos Humanos de Chile a fines de 2018, planteando la pre-gunta por el componente participativo en su elaboración. Si bien la perspectiva es fundamentalmente nacional, revisamos algunas experiencias comparadas. No discutiremos en detalle cuestiones dogmáti-cas que se ven reflejadas en las propuestas normativas. Partimos del supuesto que el método condiciona el resultado y que por ello es un factor determinante2. Nos preguntamos por la pertinencia de ampliar la participación ciudadana en la elaboración de propuestas normativas en materia penal y qué ventajas y/ o dificultades se encuentran aquí presentes. Nuestra hipótesis es que mientras más participativo sea el proceso de construcción de un proyecto de Código Penal, mayor va a ser su potencial impacto social. Indagamos si existen experiencias previas de participación ciudadana en la elaboración de propuestas de política criminal, como también si el nivel de “punitividad” de la población constituye un argumento aplicable en contra de una mayor participación ciudadana. Concluimos que varios de los anteproyectos de Código Penal presentados en los últimos años, encarnan una concepción tecnocrática de la gestión pública, contribuyendo a una despolitización de los conflictos sociales3. Como consecuencia, los ciuda-danos se alejan de la política y las instituciones del Estado pierden legitimidad y prestigio.

TRAFFICKING IN THE PERSPECTIVE OF ISLAMIC LAW AND THE DRAFT CRIMINAL CODE

ABSTARCT Human traffcking is a crime that violates human rights. Especially for women and children that is easy and proftable to be exploited. In this modern era, it is still common crime of human traffcking are where the action is carried out in the form and a new mode increasingly manipulated and structured. Indonesian government itself participated in the eradication of this crime, which has been regulated in article 297 of the Penal Code and updated in the Draft Bill Draft Article 546 of the Criminal Code. This research aims to fnd out the crime of traffcking is in terms of Islamic law perspective and the perspective of the Penal Code Bill. Writing research use descriptive qualitative type of method and a comparatif research-analysis that makes comparisons the crime of traffcking issues in the perspective of Islamic law and the draft Criminal Code. The results of this paper is the legal conformity of the crime of traffcking in the Draft Bill to the Islamic law in the prosecution and combating such crime. In order to become a reference in law enforcement transnational crime, combating and stopping crime is not humane. Keywords: Traffcking, the draft Penal Code, Islamic law

Pertanggungjawaban Pidana Terhadap Korporasi di Indonesia

Criminal liability against corporations in Indonesia is still ambiguous, because the Criminal Code cannot capture corporations as legal subjects who can be convicted, because it still adheres to the principle of the subject of law is only natural man. Some laws and regulations outside the Criminal Code have begun to deviate from the general principle, by trying to put corporations as the subject of criminal law and the problem of criminal liability. In the ius constituendum perspective the subject of corporate crime and criminal liability has been formulated explicitly and in detail in the draft draft Criminal Code 2006, Article 44 to Article 50. Thus in principle the corporation has been accepted as a legal subject in criminal law, so that the corporation can be prosecuted and sentenced criminal. The acceptance of the principle which deviates from the principle of error is not contrary to the philosophy of the Pancasila. In other words, the deviation of the principle of error has juridical, sociological, and philosophical relevance.

PERTANGGUNGJAWABAN PIDANA TERHADAP KORPORASI DI INDONESIA

<em>Criminal liability against corporations in Indonesia is still ambiguous, because the Criminal Code cannot capture corporations as legal subjects who can be convicted, because it still adheres to the principle of the subject of law is only natural man. Some laws and regulations outside the Criminal Code have begun to deviate from the general principle, by trying to put corporations as the subject of criminal law and the problem of criminal liability. In the ius constituendum perspective the subject of corporate crime and criminal liability has been formulated explicitly and in detail in the draft draft Criminal Code 2006, Article 44 to Article 50. Thus in principle the corporation has been accepted as a legal subject in criminal law, so that the corporation can be prosecuted and sentenced criminal. The acceptance of the principle which deviates from the principle of error is not contrary to the philosophy of the Pancasila. In other words, the deviation of the principle of error has juridical, sociological, and philosophical relevance.</em>

Forgiveness of Judges: Local Wisdom in the Concept of National Criminal Law

Criminal law, as an instrument of guarding public order, has two functions. The first one is as general function to regulate life and to organize procedures in society. The second one is as particular function to protect legal interests from crime by giving criminal punishment as sanctions for the perpetrators. Conceptually, forgiveness of the judge emerges to modify rigid legal certainty towards flexible legal certainty. This departs from several cases that have actually fulfilled the formulation of criminal offenses, but their actions are not feasible to be sentenced. Therefore, in the concept of the National criminal law, the Draft of Criminal Code (RKUHP) makes a new formula containing local wisdoms that regulate the possibility of forgiveness of the judge to several cases that are improperly being convicted. This paper focuses on the concept of forgiveness of the judge that cannot be separated from the local wisdom values, including religious values and legal wisdoms living in society.

Punishment Arrangement on the Action of Sexual Violence against Children in Legal Regulations of Indonesia

The research problems are “How is the punishment arrangement of sexual violence against children in legal regulations of Indonesia? How is the punishment arrangement of sexual violence against children in the Draft of the 2015 Criminal Code and in the Draft of the 2018 Criminal Code?” This research is normative juridical research. This study uses a legal approach to the Child Protection Law, the Law on the Elimination of Domestic Violence and the Draft of the Criminal Code in 2015 and 2018 concerning sexual violence against children. The results of the study indicate that various types of laws have provided detailed regulation of the criminal actions of sexual violence against children. Giving punishment for the perpetrators has been strictly regulated. Law No. 17 of 2016 concerning the Second Amendment to Law No.23 of 2002 concerning Child Protection contains a threat of castration for perpetrators of sexual violence against children. This punishment is expected to reduce the crime rate against the perpetrators and no more pedophiles in Indonesia. However, in the Draft of Criminal Procedure Code, the criminal actions of sexual violence against children is combined into the chapter on decency, not regulated separately and the threats given are also not as severe as the criminal threats in the child protection law. It is highly expected that there is a change in the Draft of Criminal Code to separate between cases of decency and child protection. The threat of punishment given is also aggravated.

Pidana Zina Perspektif Hukum Positif dan Hukum Islam pada Masyarakat Sumatera Barat

Enforcing norms need to criminalization, an exciting one with criminalization is watching a sex scene / cybersex impact on adultery and destroying the moral, social reality, but the rules have not been touched by the law and the Constitution. This study uses a method by 􏰀inding the facts objectively to determine the facts that resulted in the proposition of law with normative law research empirical, which is looking for primary data directly interview to teams maker Criminal Code draft, team members Criminal Code draft and socialization to the local leaders and traditional leaders, police manuscripts / books legislation as well as academics. The conclusion: Padang city government has sought to overcome the impact of pornography negative such as additional study hours for students of religion in the mosque, and pesantren Ramadan. Especially for the closure of access to pornography has been no common ground of understanding let alone the technical implementation and enforcement of the Criminal Code Article 485 and the bill is merely the existence of a misdemeanor (plate), adultery and no single Islamic criminal law in the Marriage Law and KHI.

TINDAK PIDANA PEMBUNUHAN DENGAN ANCAMAN HUKUMAN MATI

With regard to people's he means the lives of other people than the murderer. It does not matter to whom the murder was committed, although the murder was committed against the father / mother himself, including the murders referred to in Article 338 of the Criminal Code. From this statement, our criminal law does not recognize provisions which state that a murderer will be subject to heavier sanctions because he deliberately killed a person who has a certain position or has a special relationship with the perpetrator. According to the Constitution and the Basic Law that the death penalty in Indonesia is Constitutional. that the death penalty in Indonesia is relevant and deserves to be defended. The Constitutional Court Decision Number 2-3 / PUU-V / 2007 is the main basis for the execution of the death penalty in Indonesia. In the laws and regulations in Indonesia, the death penalty is still recognized in several laws. There are three groups of regulations, namely death penalty in the Criminal Code, death penalty outside the Criminal Code, and death penalty in the Draft Criminal Code. Key Word : Murder, Death Threat

Sejarah dan Perkembangan Pertanggungjawaban Korporasi

Corporate criminal responsibility has a difference in its development between countries with the common law system and those with civil law system. This is also, no exception in Indonesia. Indonesia as a Dutch Colony, which adheres to the civil law system which carries the adagium "deliquere non potest university," where corporations cannot be convicted. By using a normative approach, this article discusses about corporation as subject of criminal law which regulated outside the Criminal Code (KUHP). In Pratice, there have been several cases that punish corporations who commit criminal acts such as corruption. The finding of this article is court in Indonesia, especially corruption court are more likely to use the doctrine of vicarious liability as in common law countries. Contrary, with the conception in the Draft Criminal Code (RKUHP) that is more likely to use identification doctrine on corporate responsibility.