Existence Of Crime Research Articles

PENGARUH PANDEMI COVID-19 TERHADAP MENINGKATNYA KEJAHATAN KONVENSIONAL PERSPEKTIF POLITIK KRIMINAL

Conventional crimes, namely: conventional/national crimes are crimes against life, property and honor that cause both physical and psychological harm, whether committed in ordinary ways or in a new dimension, which occur within the country. The effect of the Covid-19 Pandemic Period on Increasing Conventional Crime in the Legal Area of ​​the West Sumatra Regional Police is the reduction in their moral values ​​and social and economic conditions due to the pandemic. So it is not wrong to say that a person's actions for a reason are interrelated, either directly or indirectly. From a criminological point of view, the increase in crime rates during the pandemic was an action driven by the weakening economy. Criminal cases in West Sumatra that experienced an increase during the Covid-19 Pandemic were cases of Curat, Curas and Curanmor and Begal. Based on sociological theory, the existence of crime during a pandemic occurred due to an imbalance in the structure of society. There are people who are still well off and not a few people who are experiencing difficulties during the Covid-19 pandemic. Conventional Crime Control Efforts During the Covid 19 Pandemic in the Legal Area of ​​the West Sumatra Regional Police are Preemptive Efforts, namely increasing the functions of Bimas (Community Guidance and Counseling), Shabara, as well as precincts related to robbery crimes; The service and service program, namely the KAMTIBMAS (Community Order Security) safari to community leaders and village officials; Community development through Polmas (activating Polmas); and Collaborate with the mass media to convey to the public to always be vigilant against the crime of robbery.

Criminal Acts Eradication Of Corruption In Corporates In Indonesia

<span lang="EN-US">Crime is a social phenomenon that is always faced by every society in this life. The existence of crime is alarming; it is also considered to disturb order and peace in society. Crime will continue to grow following changes and developments in society. The mode continues to change from the conventional to the modern. One example of a modern crime that we need to anticipate is corruption committed by corporations. Many corporate cases are suspected of having committed a criminal act. However, no legal process has been carried out, such as the case for the construction of the Meikarta megaproject in Bekasi district, the licensing case in Subang district, the case of the construction of the Bandung tempest in the sea of </span><span lang="EN-US">fire in the city of Bandung, the sale of assets at PT Dirgantara Indonesia. As well as the case of social assistance for purchasing drugs for Covid 19 in West Bandung Regency. The identification of the problems in this research is whether corporations can be held criminally responsible when committing corruption crimes, what factors cause corporations to commit corruption crimes and the barriers to law enforcement processing corporations that have committed corruption crimes. The problems in this paper are whether corporations can be held criminally responsible when committing criminal acts of corruption? What factors cause corporations to commit criminal acts of corruption? What obstacles are law enforcement officers encountering in processing corporations that have committed corruption crimes? The research method used in this research is empirical juridical, namely legal research regarding the enforcement or implementation of normative legal provisions in action on every particular legal event in society. The results of the analysis conclude that corporations that commit criminal acts of corruption can be held criminally responsible by the doctrine and Law Number 20 of 2001 concerning amendments to Law Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption Articles 1, 2 and 3 from a formal legal standpoint. Regulated in the Supreme Court Regulation Number 13 of 2016. The factors that cause corporations to commit criminal acts of corruption are the political system, the culture of business actors, the culture of state officials, both executive, legislative and judicial, low legal awareness, intense competition between one corporation with other corporations. Barriers to law enforcement officials in processing corporations that have committed criminal acts of corruption are regarding the application of criminal sanctions against corporations that commit corruption crimes, in addition to corporate responsibility and personal responsibility. If a director is declared a defendant, it is necessary to pay attention to whether the mistake made by the director is a criminal act as a person or a criminal act committed by a corporation and the problem of proof.</span>

Pentingnya Transparansi Beneficial Ownership oleh Korporasi

The development of the business world in Indonesia in the current modern era creates a new legal phenomenon that needs attention. This legal phenomenon is the existence of crimes that are hidden within the corporation. Therefore, Indonesia implements beneficial owner transparency for all corporations. Â The purpose of this study is to analyze the application of beneficial owners in Indonesia. The method used in this research is normative juridical using the Theory of Law as a tool of social engineering by Roscoe Pound.Based on the results of the study, it was found that the implementation of BO transparency in Indonesian corporations had not gone well. Only 8.3% percent of companies in Indonesia report BO, even though Indonesia has regulated the obligation to report BO in Presidential Decree No. 13 of 2018. This shows that the laws made have not been able to manipulate and or change people's behavior.

The impact of squatter settlement in Greater Breyten Urban Community: A case study of Kwa-Zanele Township In Mpumalanga Province

This study investigated the attitudes of the permanent residents and the squatter-settlements regarding the existence of crime, and the socio-environmental problems experienced by the permanent residents of Greater Breyten Urban Community due to the existence of the squatters in their areas. This growth of squatter settlements, informal settlements, slums along the formal settlement and or urban areas is a global phenomenon. The research design in this study involved a descriptive design which reveals potential relationships between variables. According to the study, the researcher was describing the attitude and impact of quarters on the social environment of the Greater Breyten area. Data was also analyzed using frequencies and percentages. The findings revealed that there are no significant differences between the attitudes of the permanent residents and those of the squatter-settlements regarding the existence of crime. Besides, the socio-environmental problems, the results indicated that the conditions of squatters are poor and unhealthy for human habitation. Considering the findings of the study, the researcher proposed that there be a multi-disciplinary approach to present and provide resources to address the problem of squatter-settlement.

Hoax and Provocative Contents by Muslim Cyber Army (MCA) and Its Enforcement in Indonesia

advances in technology and communication does not only have a positive impact on society. It is undeniable that the negative impact always lurks the people who take advantage of these advances. One of the negative impacts that arise is the existence of crimes that occur in cyberspace or cyber crime or commonly known as cybercrime. Recently, Indonesia was faced with one of these forms of cybercrime, namely an organization calling itself the Muslim Cyber Army. The motives of the actions and the impacts left by the existence of the Muslim Cyber Army can be identified and studied further by looking at the laws and regulations in Indonesia and their relationship with one of the fields of legal study, namely Law and Technology.

Countering the manifestations of organized crime in strategic enterprises as an integral part of the national security system

The article covers enterprises with strategic importance for the economy and security of the state and critical to the functioning of society, socio-economic development of the state and national security. It is noted that the topical issue that needs to be addressed urgently is the situation in the most important areas for national security, such as military-industrial (MIC), fuel and energy (FEC) and agro-industrial complexes (APC), which are the most vulnerable for organized crime. The purpose of the article is to study the manifestations of criminal activity at strategically important objects of the military-industrial complex, fuel and energy complex and agro-industrial complex. The article highlights the criteria for classifying objects of state property as those of strategic importance for the economy and security of the state, which provides additional guarantees for its activities in the form of additional funding from the state budget. Based on the analysis of certain industries, in particular militaryindustrial, fuel-energy and agro-industrial complexes, the existence of crimes in this area as well as the most characteristic features of organized crime and the problems that arise in their settlement are indicated. It is noted that certain enterprises aren't included in the list of strategically important objects. It is proposed to regulate the issues of corporatization and privatization of strategic enterprises at the legislative level. To ensure socio-economic stability and security, the state needs an effective state policy and strategy of the state aimed at the efficient use of its resources, the establishment of guarantees for economic entities to protect strategic enterprises from criminal encroachment

REPRESENTASI MULTIKULTURALISME DALAM SEPAK BOLA PRANCIS MASA KINI

The arrival of a large number of immigrants made France feel such a huge impact, one of which is the presence of a multicultural situation in French society. One portrait of multiculturalism that deserves the spotlight is football. This study aims to determine the cultural diversity in French society and how multiculturalism is represented in French football. The research method in this research is descriptive qualitative. To analyze this phenomenon, researchers used the Concept of Multicultural and Cross-Cultural Communication. The results of this study stated that in the field of football, multiculturalism can be said to be a gift, because with the presence of many immigrants, France won a lot of glory on the European and World soccer stage. However, on the other hand, the arrival of Multiculturalism in France, faced many challenges and problems in it. The impact caused by multiculturalism is not a small impact, from the existence of crime and terrorism, to the problems present in society such as Islamophobia, xenophobia, anti-semitism and so forth.

Venezuela, Grand Corruption, and the International Criminal Court

Venezuela’s ongoing crisis has resulted in the first-ever joint request from States Parties to the ICC to open a preliminary examination. The evidence presented until now of crimes against humanity focuses on attacks on political opposition and demonstrators. We contend that the situation in Venezuela is not fully comprehensible, and the referral falls short, without looking through the lens of grand corruption. We describe what we mean by grand corruption and how it has corroded Venezuela. We explain how applying a corruption lens to every step of the preliminary examination process – the existence of crimes against humanity, the unwillingness of local justice systems to operate, the gravity of the harm even with a relatively small number of killings, and the interests of justice – is better understood if a corruption-infused analysis is brought to bear. We then turn to some caveats and limiting considerations. Finally, we draw some implications for other, increasingly common, situations where grave violations of international criminal law take place because of, and maintained by, systems of kleptocracy.

НЕКОТОРЫЕ ПОДХОДЫ К РАССМОТРЕНИЮ ДЕТЕРМИНАНТ ПРЕСТУПНОСТИ В ОТЕЧЕСТВЕННОЙ КРИМИНОЛОГИИ

The subject of this article is the main positions of Russian researchers in identifying the determinants of crime. The main aim is to analyze the basic approaches to the definition of the determinants of crime in the domestic criminological science and to express the authors' attitude on this issue. The works of Russian researchers on the indicated problem encouraged the authors. In the process of work, the authors used the methodological principles of universal communication, objectivity, consistency; general scientific methods (analysis, synthesis, analogy) and private scientific methods (formal-logical, method of summary and grouping). In the second half of the 20th century, there were two main directions in studying the causes of crime: sociological and anthropological ones. The Russian sociological school was distinguished by two main features. The first is a multifactor approach to the explanation of the causes of crime; the second is a smaller dependence on anthropological theories of the causes of crime than in the sociological schools of Western countries. The anthropological direction in Russia was represented both by doctors and lawyers. But unlike their colleagues from other countries, they were not the orthodox supporters of the anthropological doctrine of crime, because they recognized the influence of social processes. In the USSR, in the early 1920s scientific research centers were offices for studying the criminals and crimes established in several large cities, but their activities did not last long. In the 1930s, criminological research was practically suspended, and the institutions that conducted these studies were either closed or re-profiled. Until the 1960s, certain provisions on crime and its causes were studied in the context of judicial statistics. Since the mid-1960s, the situation began to change. During that period, the positions of researchers converged in the following: they unanimously recognized the anti-criminal nature of socialism. However, it did not prevent criminologists from dividing into three main groups: some researchers explained the existence of crime by subjective causes, the second by objective social processes, the third by the biological features of individuals. The article analyzes all directions in the causes of crime explanation. In the period of modern history of Russia, many criminological works tend to pay insufficient attention to the question of the determination of both criminality in general and its individual types. The article deals with some modern approaches to the causes of crime. The authors note that proponents of these approaches are often careless about the terms they use for defining the processes of determination of criminality. The authors analyze these approaches, give their opinion about the problem of determination of crime, define specific terms, reveal their content and indicate the existence of links between them.

Animal welfare reports in cases of suspicion of animal cruelty.

Abstract The objective of this review is to describe how animal welfare assessment may be useful in defining a more objective threshold to decide on the existence of crimes against animals in scenarios where animals are alive. The Protocol for Expert Report on Animal Welfare in case of animal cruelty suspicion (PERAW) was developed to identify animal maltreatment and allows for adaptations to vertebrate species, provided care is taken to incorporate and adapt species-specific indicators. The Protocol is divided into four groups of indicators: (1) nutritional, (2) comfort, (3) health and (4) behavioural indicators, and proposes a simple integration method of the four groups, based on objective thresholds for the conclusion regarding the five proposed welfare degrees: very high, high, regular, low and very low degree of welfare. Very low and low welfare situations are reported as animal maltreatment, subject to criminal penalties. Regular welfare situations are monitored for corrective measures. Cases where high or very high welfare is characterized are dismissed. During the period from 2014 and 2016 the protocol was used in different conditions to identify animal maltreatment in various animal species. The general impression given by the results obtained along 3 years of PERAW use is that the tool has been useful in organizing the reports, facilitating coherence across different scenarios and species, and providing good discriminating power.

The current paradigm of European Convention of human rights and fundamental freedoms’ rules implementation in criminal law of Ukraine

The paper defines the concept of implementation and incorporation of the European Convention norms in the criminal law of Ukraine. The issues of European Convention’s efficiency in the light of its obligation to be implemented in the criminal law of Ukraine, as well as the criteria of national legislation’s conformity to European Convention are determined. Currently there are a lot of problems arising from the introduction of European criminal law convention in Ukraine. Adoption of European Criminal Law Convention in Ukraine is one of the major challenges facing the criminal law of Ukraine. Development of domestic criminal law requires understanding not only of general criminalization of socially dangerous acts based on changes in socio-economic relations in order to increase the effectiveness of the criminal law, to achieve its goals, but also the effective implementation of the European Convention norms in criminal law Ukraine. Today our state and society does not set a utopian goal - to eradicate crime. The existence of crime in society is as objective as an objective existence of the society. In this connection, it is of scientific interest and questions concerning the general efficiency of the criminal law in anticipation of crime. Equally important, of course, is the problem of prediction. To rate actually served as the main criterion for the conclusion responsibility of the subject, it should be dynamic in nature, open system orders with a significant number of degrees of freedom, which allows the best to consider the complexity, organization, relationship objective and subjective- objective factors, the determining human behavior.

Lois Mémorielles et Liberté d’Expression: De la controverse à l’ambiguïté ('Historical Memory Laws' and Freedom of Expression: From Controversy to Ambiguity)

This case note (in French) offers a critical assessment of the French bill, which made it a criminal offence to deny that genocide was committed against Armenians by Ottoman Turks in 1915 and which was subsequently turned down by the French Constitutional Court on the grounds that the French Parliament violated the constitutional right to free speech by punishing anyone contesting the existence of crimes that the French Parliament itself recognized or qualified as such. It is submitted that this controversial bill is indeed not compatible with freedom of expression as guaranteed under the French Constitution. However, it is also argued that the Court’s reasoning is both excessively succinct and unacceptably ambiguous and confusing. Instead, the Court should have clearly and comprehensively explained that any legislative provision, which aims to punish the denial of any genocide recognized by the sole French Parliament, cannot be held 'necessary in a democratic society' within the meaning of Article 10 of the ECHR. And while the Gayssot Act, which punishes the denial of the Holocaust may also be described as a pure “content-based” restriction on freedom of expression, it is submitted that following the reasoning defended in this paper would not automatically lead to its annulment: On the one hand, the Holocaust has been the subject of a final ruling by the Nuremberg International Military Tribunal and on the other hand, Holocaust denial clearly constitutes an abuse of right within the meaning of Article 17 ECHR as Holocaust deniers tend to be animated by racial hatred and anti-democratic ideology.

La repressione del negazionismo e la giurisprudenza della Corte europea dei diritti umani

The spread of the phenomenon of Holocaust denial, which has a strong discriminatory nature has led the international community to deal with the identification of limits on the freedom of expression in cases in which opinions are disseminated to deny the existence of crimes against humanity such as the Holocaust, established without any doubt on the historical level, also thanks to international and domestic courts. Both on the international and on the internal legal systems documents were adopted prohibiting the absolute denial of historical facts with regard to knowledge established beyond any doubt, limiting, in these cases, the right to freedom of expression. Such prohibitions were examined by the European Court of Human Rights that in several judgments has considered in accordance with Article 10 of the Human Rights Convention the punishment on domestic level of the perpetrators of theses denying the Holocaust, evaluating those views as religious and racial discrimination. Accordingly, the Court held that the denial of clearly established facts such as the Holocaust should be removed from the protection of Article 10, also thanks to Article 17 (Prohibition of abuse of rights). The Court on several occasions has considered the statements in which are supported denial of the existence of crimes against the Holocaust particularly serious and has applied to Article 17 to ensure the system and the values expressed in the Convention. Therefore, in the light of ECHR case-law it can be maintained that the Holocaust denial theories do not fall within the scope ratione materiae of the Convention as contrary to the fundamental values of democracy and of the Convention, as expressed in its preambular, namely justice and peace.

Interjurisdictional Spillovers of Urban Police Services: Reply

The effects of externalities across jurisdicational borders in metrpolitan areas have long been recognized as a potential source of resource misallocation at the local government level [23; 9; 14]. However, empirical analysis of this phenomenon has lagged noticeably behind theoretical developments.' This study undertakes a largely empirical analysis of spatial externalities associated with the provision of municipal police protection services. Insofar as offenders are freely mobile across jurisdictional boundaries, they will tend to search out those 'targets' in locations with the lowest risk and/or highest expected gross return. However, no formal mechanism exists in the public sector to adjust the level or deployment of police resources in response to such crime spillovers when they occur. This problem has been frequently cited in support of the consolidation of smaller departments in metropolitan areas with many contiguous, independent police departments [1; 3; 12]. A simple model 'of the crime spillover process is developed here and used to predict the form and nature of the potential impact of spillovers on affected communities and to identify the appropriate indicators for measuring the effects. The model is estimated with data for communities in the Los Angeles metropolitan area. The results appear to confirm the hypothesized formulation of the spillover process and the existence of crime 'explorating' across continguous communities. However, estimates of the spillover effect and associated social costs indicate