Formal Sanctions Research Articles

Adultery Criminalization Spirit in Islamic Criminal Law: Alternatives in Indonesia’s Positive Legal System Reform

This study aims to provide new ideas in the criminal law reform discourse in Indonesia, especially concerning the adultery issue, by employing a socio-legal approach and Islamic criminal law. The socio-legal approach was performed by combining normative analysis and non-legal scientific tactics in observing the applicable law. Meanwhile, the Islamic criminal law was used to assess and contribute new ideas to the Indonesian legal system in the future, presuming criminal law reforms are implemented. The results indicated fundamental weaknesses in Article 284 of the Criminal Code (KUHP) in terms of defining adultery and the prescribed sanctions. Hence, the community’s need for efforts to reform the adultery penalty following the national culture is inevitable. The best solution is that the spirit of adultery sanctions in Islamic criminal is expected to be an alternative to renew Indonesia’s criminal law system in the future. Although some elements of the nation may not expect the form of adultery sanction in Islamic penalties, the spirit in it aims to have strong legal certainty and maintain human life

Sanksi Rehabilitasi Bagi Prajurit TNI yang Menjadi Terpidana Penyalahgunaan Narkotika (Studi Kasus di Pengadilan Militer II – 08 Jakarta)

A TNI soldier is required to have good mentality, discipline, and good morals and ethics. The application of law against TNI soldiers is not only in the form of the application of military criminal law, but also criminal law outside the military criminal law, one of which is the crime of narcotics abuse. The sentencing of TNI soldiers who are convicted of narcotics abusers still refers to Law no. 35 of 2009. Almost all decisions made by military judges, especially those of military judges at the Military Court II – 08, Jakarta, related to narcotics abuse resulted in imprisonment and dismissal from military service without any rehabilitation efforts. This is of course very contrary to the legal objectives of Law no. 35 of 2009 concerning Narcotics. The method used in this study uses a normative juridical method with a statutory approach. This study found problems in imposing sanctions on military members who become narcotics abusers, where the Narcotics Law states that there are rehabilitation sanctions in addition to prison sanctions but in practice the sanctions given to military members who become narcotics abusers are only limited to prison sanctions and dismissal from military service without given a rehabilitation sanction. This shows that sanctions against narcotics abuse by members of the TNI in the Military Court II – 08, Jakarta are still in the form of retributive sanctions, namely imprisonment and dismissal from military service, as well as enforcement of rehabilitation law for TNI members who are convicted of drug abuse still not done.

The application of the rights and obligations of workers during the Covid-19 outbreak in Indonesia


 
 This article aims to examine and analyze the rights and obligations of workers /laborers during the Covid-19 outbreak from the perspective of labor law in Indonesia. The complexity of the issue regarding the rights and obligations of workers has increased again when the Government and the House of Representatives of the Republic of Indonesia passed the Law on Job Creation or Undang-Undang tentang Cipta Kerja Nomor 11 tahun 2020 (UUCK No.11/2020). The research method used is a normative juridical approach. Normative juridical research is usually known as the study of documents, using qualitative methods in analyzing data and using secondary data as sources.The results of this study found that the labor and industrial relations sector, especially related to the rights and obligations of workers and employers, was initially strongly influenced by the development of globalization and information communication technology. Then, with the enactment of UUCK No.11/2020 as the latest labor law in Indonesia, and the outbreak of Covid-19, problems related to industrial relations have become increasingly complex. When viewed from the latest labor law in Indonesia, employers tend to have a stronger position when compared to the position of workers both in terms of interpretation and implementation. This is a challenge in national legislation so that legal efforts are needed to guarantee and provide legal certainty to business actors by applying sanctions in the form of criminal sanctions as ius poenale and ius puniendi.
 

Precautionary Principles of the Circulation of Hazardous Chemicals as an Effort to Combat the Crime of Terrorism

The title of this article is the Precautionary Principles of the Circulation of Hazardous Chemicals as an Effort to Combat the Crime of Terrorism. This article base on research discusses about 1) What are the characteristics of the Crime of Terrorism using hazardous chemicals. 2) How is the principle of prudence in the distribution of hazardous chemicals as an effort to overcome criminal acts of terrorism. The two problem formulations were analyzed using normative legal research methods using the theory of legal objectives, the theory of criminal policy and the theory of legal protection. The research was conducted through several approaches, namely the statutory approach, the philosophical approach, the conceptual approach and the comparative approach.The transformation of terrorism uses hazardous chemicals as precursors of Improvised Explosive Devices (IED). The use of hazardous chemicals and the development of science makes the types of IEDs formed apart from high explosives (HEs IEDs), also found weapons of mass destruction (WMD) such as radioactive weapons. (Radio Active Material Weapons) and chemicals weapons (Chemicals Weapons). The transformation of terrorism will cause death, morbidity, onset in mass numbers and affect future generations. The right to life is irreversible which requires a special pro-active effort. Active law enforcement and establish an early warning system in the field of distribution of hazardous chemicals.To establish an early warning system in the field of hazardous chemicals, it is necessary to apply the precautionary principle. The application of the precautionary principle is due to the fact that protected legal interests are irreversible rights, the many related interests related to hazardous chemicals and the transformation of terrorism make the dynamics increasingly complex which at a certain point requires correct and appropriate decisions. The application of the precautionary principle requires administrative sanctions as a form of guidance and criminal sanctions for certain violations. Keywords: hazardous chemicals, terrorism, precautionary principle DOI: 10.7176/JLPG/116-01 Publication date: December 31 st 2021

Efektifitas Perda Kabupaten Klungkung No 2 Tahun 2010 dalam Upaya Pelestarian Lingkungan di Pantai Watu Klotok

The environmental condition in Klungkung Regency has shown some signs of increasing environmental damage and pollution every year. To maintain and preserve the environment by the surrounding community, the Klungkung Regency Government issued Regional Regulation Number 2 of 2010 concerning Control of Environmental Damage and Pollution. The purposes of this study are to examine the effectiveness of Perda No. 2 of 2010 and to examine the obstacles in enforcing Perda No. 2 of 2010. This study was designed with empirical legal research with a statutory and conceptual approach. Data were collected through field interview techniques. The data used are primary and secondary data. After the research data was collected, the researchers then analyzed using descriptive qualitative methods. The results showed that the effectiveness of the Regional Regulation in an effort to stop the level of pollution on the Watu Klotok beach with preventive and repressive efforts through. Administrative sanctions in the form of verbal warnings, written warnings, criminal sanctions or civil fines for environmental damage or pollution. The obstacles in implementing this regional regulation are law enforcement officers, community culture, economy and public awareness. So that the effectiveness of the regulation has not been implemented effectively by law enforcers in terms of imposing sanctions. Therefore, the Klungkung Regency Government must be more firm and wise in implementing the existing legal regulations.

Examining the effectiveness of Gateway\u2014an out-of-court community-based intervention to reduce recidivism and improve the health and well-being of young adults committing low-level offences: study protocol for a randomised controlled trial

BackgroundYoung adult offenders represent a third of the UK prison population and are at risk of poor health outcomes including drug and alcohol misuse, self-harm and suicide. Court diversion interventions aim to reduce the negative consequences of formal criminal justice sanctions and focus resources on addressing the root causes of offending. Although diversions are widely used, evidence of their effectiveness has not yet been established.Hampshire Constabulary, working together with local charities, have developed the Gateway programme, an out-of-court intervention aimed at improving the life chances of young adults. Issued as a conditional caution, participants undertake a health and social care needs assessment, attend workshops encouraging analysis of own behaviour and its consequences and agree not to re-offend during the 16-week caution.MethodsThis is a pragmatic, multi-site, parallel-group, superiority randomised controlled trial with a target sample size of 334. Participants are aged 18–24, reside in Hampshire and Isle of Wight and are being questioned for an eligible low-level offence. Police investigators offer potential participants a chance to receive the Gateway caution, and those interested are also invited to take part in the study. Police officers obtain Stage 1 consent and carry out an eligibility check, after which participants are randomised on a 1:1 basis either to receive Gateway or follow the usual process, such as court appearance or a different conditional caution. Researchers subsequently obtain Stage 2 consent and collect data at weeks 4 and 16, and 1 year post-randomisation. The primary outcome is the Warwick-Edinburgh Mental Well-being Scale (WEMWBS). Secondary outcomes include health status, alcohol and drug use, recidivism and resource use. The primary analysis will compare the WEMWBS score between the two groups at 12 months.DiscussionThis pioneering trial aims to address the evidence gap surrounding diversion in 18–24-year-olds. The findings will inform law enforcement agencies, third sector organisations, policymakers and commissioners, as well as researchers working in related fields and with vulnerable target populations.Trial registrationInternational Standard Randomised Controlled Trial Register (ISRCTN 11888938).

Internal and external drivers for compliance with the COVID-19 preventive measures in Slovenia: The view from general deterrence and protection motivation.

The emergence of a pandemic is usually accompanied by different measures–economic, social, preventive, and (self)protective. In the case of the COVID-19, several preventive measures were formally enforced by state authorities in the majority of countries worldwide. Thus, during the COVID-19 pandemic, the intertwining of formal and informal social control could be observed. Hence, in this study a cross-sectional design was chosen to explore the issue in Slovenia. To the best of our knowledge, this research is the first in the current literature to empirically test the general deterrence theory in pandemic circumstances (as external factors predicting individuals’ compliance with the COVID-19 preventive measures). The results suggest an important role of informal punishment, with perceived informal severity being the only statistically significant factor from the general deterrence theory. In contrast to external factors, internal factors play a significantly greater role in promoting people’s self-protective behavior in pandemic circumstances. During the unknown, the uncertain and delicate situations with which people have no previous experience, both personal beliefs about the effectiveness of measures and perceived self-efficacy are more important than fear of formal sanctions.

Conditional Criminal Voices against the Defendants of Criminal Acts of Corruption in Principle Perspective Justice and Legal Guarantee

Corruption crimes that have been occurring widely, not only harm the state's finances, but also have been a violation of the social and economic rights of the community at large, so corruption crimes need to be classified as crimes whose eradication must be carried out extraordinarily. Every person convicted of corruption is sanctioned in accordance with the provisions of the laws and regulations. One form of sanctions imposed by judges related to corruption cases is the Conditional Criminal verdict, which means that the criminal does not need to live inside the Correctional Institution. The verdict is indeed the power of the judge guaranteed in the Law of Judicial Power as well as related to conditional criminality as stipulated in Article 14a of the Criminal Code, but in the Corruption Crimes Act, there is no mention of criminal threats with conditional criminals. In other similar cases, there is a judge's ruling that does not impose a conditional criminal sentence but provides a prison sentence for the accused of corruption, resulting in inconsistencies in the application of the law by the judge in sending the accused to corruption. Therefore, with a conditional criminal conviction will have implications on the principle of justice and legal certainty for convicted other corruption cases, as well as for the Government and society in general in preventing and eradicating corruption cases.

Ratio legis of special minimum limit regulation in narcotics law

Narcotics crime in society (especially in Indonesia) shows an increasing trend both quantitatively and qualitatively with widespread victims, especially among children, adolescents, and the younger generation in general. Based on this, the government must increase efforts to prevent and eradicate narcotics crimes by any means, whether reforming the Narcotics Law, imposing strict sanctions and so on. The purpose of this research is to find out how the legal ratio of the Special Minimum Limit Regulation in the Law on Narcotics. This research is normative legal research with a conceptual approach and a philosophical approach. The legal materials used are primary and secondary with the technique of analyzing legal materials using the interpretation method. The results of the study indicate that the Ratio legis regulation specific minimum criminal provisions in the three laws studied, namely: the Narcotics Law and the Supreme Court Circular Number 03 of 2015, is intended to prevent disparities in the sentencing of crimes by judges. The regulation of types of criminal sanctions in legislation is one of the functions of the State to protect legal interests, in the form of life, property and dignity. The regulation of criminal sanctions is one of the criminal policy systems that can be seen from several aspects, namely the criminal system, namely: types of sanctions, alternative and cumulative forms of sanctions and their duration, namely the maximum-minimum of the punishment threatened.

Proterrence & Rule Illegitimacy in an Age of Creeping Social Control: The Ban on Tobacco Smoke in Amsterdam’s Coffeeshops

This article examines the concept of proterrence: scaring people into doing something to stop others from doing something bad. This contrasts to deterrence, which involves threatening persons to not do something bad. The tobacco ban in Amsterdam coffeeshops and, more specifically, coffeeshop personnel’s reaction to it is used as the empirical vessel to examine proterrence. Proterrence permits examination of the interface between order maintenance and social control against a backdrop of perceived sanction illegitimacy. It also permits exploration of the process by which formal sanctions thread through informal mechanisms—where that threading is enforcement rather than consequence-based and where rule implementers face the brunt of the sanction that a third party violates. Data are based on in-depth fieldwork in Amsterdam coffeeshops. The wider applicability of proterrence is discussed.

ANALYSIS OF LEGAL SUPERVISION IN PREVENTING CRIMINAL PRACTICES AND CAPITAL MARKET VIOLATIONS

This study aims to analyze legal supervision in preventing criminal practices and capital market violations. The type of research used in this study is the juridical-normative method, namely research on a legal principle contained in positive law that has been applied in Indonesia. The positive law in question is the regulation that regulates Capital Market Number 8 of 1995, the Law on the Financial Services Authority, and other Implementing Regulations. The types of legal sources used in this study are secondary legal sources and tertiary legal sources collected using the library research method. The research analysis used qualitative methods which were analyzed using a sociological approach. Qualification of forms of criminal acts Law no. 8/1995 concerning the Capital Market is regulated in Article 103 paragraph (1), Article 104, Article 106 and Article 107. As for criminal acts in the form of violations, it is regulated in Article 103 paragraph (2), Article 105 and Article 109. The forms of sanctions for violations are divided into: administrative sanctions, civil sanctions, and criminal sanctions.

Crossing the Red Line? Empirical Evidence and Useful Recommendations on Questionable Research Practices among Business Scholars

Academic leaders in management from all over the world—including recent calls by the Academy of Management Shaw (Academy of Management Journal 60(3): 819–822, 2017)—have urged further research into the extent and use of questionable research practices (QRPs). In order to provide empirical evidence on the topic of QRPs, this work presents two linked studies. Study 1 determines the level of use of QRPs based on self-admission rates and estimated prevalence among business scholars in Indonesia. It was determined that if the level of QRP use identified in Study 1 was quite high, Study 2 would be conducted to follow-up on this result, and this was indeed the case. Study 2 examines the factors that encourage and discourage the use of QRPs in the sample analyzed. The main research findings are as follows: (a) in Study 1, we found the self-admission rates and estimated prevalence of business scholars’ involvement in QRPs to be quite high when compared with studies conducted in other countries and (b) in Study 2, we found pressure for publication from universities, fear of rejection of manuscripts, meeting the expectations of reviewers, and available rewards to be the main reasons for the use of QRPs in Indonesia, whereas (c) formal sanctions and prevention efforts are factors that discourage QRPs. Recommendations for stakeholders (in this case, reviewers, editors, funders, supervisors, chancellors and others) are also provided in order to reduce the use of QRPs.

Discipline the Party: From Rectification Campaigns to Intra-Party Educational Activities in China

How were the post-Deng Xiaoping "educational activities" tied to or different from the rectification campaigns of the earlier periods? What does this mean for the future of intra-Party governance in China? Through a comparison of rectification campaigns in the 1940s–1980s and intra-Party educational activities thereafter, the author concludes that the campaign method had been institutionalised as an integral instrument of intra-Party governance, forging a three-stage procedure to fulfil the dual aims of education and deterrence. Consequently, the Communist Party of China discarded the imposition of extreme sanctions in the post-Deng era but reinforced authoritative and distributive powers through less severe forms of sanctions.

The self in a time of constant connectivity

ABSTRACTUbiquitous mobile phones have transformed not just our modes of communication but our self‐perception. In facilitating a direct personal connection, be it via a call, a text message, or social media, they present the unprecedented challenge of synchronicity, in which users must simultaneously navigate different social contexts and plural identities. In the area of Gilgit, northern Pakistan, young women in particular struggle with social scrutiny of their mobile phone use, given the latter's potential to facilitate illicit relationships. They counter such threats to their moral integrity by consciously limiting their range of interlocutors. They invoke “trust” and curate a more transparent, congruent version of themselves as pious yet competent and sophisticated digital users. This allows them to creatively adapt new technologies and, most importantly, to implement and promote an Islamically sanctioned form of courtship. By prompting processes of individuation, mobile phones paradoxically restrict the enactment of plural selves yet allow for creative improvisations. [personhood, self, trust, digital technology, mobile phone, gender, Islam, Gilgit‐Baltistan, Pakistan]

Voting on sanctioning institutions in open and closed communities: experimental evidence

We experimentally analyze the effect of endogenous group formation on the type of sanctioning institutions emerging in a society. We allocate subjects to one of two groups. Subjects play a repeated public goods game and vote on the sanctioning system (formal or informal) to be implemented in their group. We compare this environment to one in which subjects are allowed to (i) vote on the sanctioning system and (ii) move between groups. We find that the possibility of moving between groups leads to a larger proportion of subjects voting for formal sanctions. This result is mainly driven by subjects in groups with relatively high initial levels of contribution to the public good, who are more likely to vote for informal sanctions when groups are closed than when they are open.

Sanksi Pidana Bagi Pelaku Penimbun Masker Selama Masa Pandemi Covid-19

Hoarding is an activity of collecting goods so that they become scarce in the market and are sold at high prices. During the COVID-19 pandemic, people really need masks, but people who don't have empathy for their fellow citizens hoard masks so that they become scarce and the price becomes expensive. The purpose of this study is to reveal the legal arrangements against the perpetrators of hoarding masks during the COVID-19 pandemic and criminal sanctions against those who hoard masks during the COVID-19 pandemic. In this study using a statutory approach and a conceptual approach. Sources of legal materials applied are primary legal materials and secondary legal materials. the technique in collecting legal materials used is a literature study technique which is then analyzed systematically. The results of the study indicate that criminal sanctions against perpetrators of hoarding masks are based on Article 107 of Law Number 7 of 2014 with a maximum imprisonment of 5 years or a maximum fine of Rp. 50,000,000,000.00. In Law Number 5 of 1999 sanctions can also be imposed, in the form of administrative sanctions, basic criminal sanctions, additional criminal sanctions. The government must be able to provide appropriate sanctions for the perpetrators of hoarding masks because they have violated and threatened the interests of the community.

Black and Blue: Black Women, ‘Law and Order,’ and the Church’s Silence on Police Violence

During the mid-twentieth century, many southern White religious leaders proudly championed police brutality and other forms of state-sanctioned violence against Black citizens. In Martin Luther King, Jr’s Letter from Birmingham Jail, he defends direct-action non-violent protests as he responds to criticisms and offers his own critique of the clergymen who gave commendations to “the police force for keeping ‘order’ and ‘preventing violence,’” while ignoring the “ugly and inhumane treatment” that the police exerted on non-violent Black protestors who sought to stand up for their rights. King intentionally includes examples of violence against older Black women and girls in his critique. In this article, the historical grounding in King’s critique is expanded to reflect longstanding support of police violence in White communities and a form of sanction through silence in Black communities centered around communal survival in the face of violent White power structures. This article highlights religious communities which ignored at best and sanctioned at worst police violence against Black women and girls and identifies the need for change in the twenty-first century. Ultimately, it calls for leaders to be in proximate location to police violence so when they see it, they can be moved ethically to address it.

Proterrence, rule illegitimacy, and the ban on tobacco smoke in Amsterdam's coffeeshops

This article examines the concept of proterrence: scaring people into doing something to stop others from doing something bad. This contrasts to deterrence, which involves threatening persons to not do something bad. The tobacco ban in Amsterdam coffeeshops and, more specifically, coffeeshop personnel's reaction to it is used as the empirical vessel to examine proterrence. Proterrence permits examination of the interface between order maintenance and social control against a backdrop of perceived sanction illegitimacy. It also permits exploration of the process by which formal sanctions thread through informal mechanisms—where that threading is enforcement rather than consequence-based and where rule implementers face the brunt of the sanction that a third party violates. Data are based on in-depth fieldwork in Amsterdam coffeeshops. The wider applicability of proterrence is discussed.

Legal Protection for Buyers in Buying and Selling with Counterfeit Certificate Object

The lack of precision between the buyer and the land deed official is a factor in the emergence of the uncertainty of the law against the certificate issue. In addition, the seller also intentionally does not notify that there is a defect in the certificate that causes the buyer to suffer a loss. It needs the protection of the buyer acting in good faith so that in the future no longer appears dispute regarding the certificate of a double or false which is used as the object of buying and selling. This study aims to know the certainty of the law, the transfer of rights over the land and the form of the legal protection of the buyer acting in good faith in buying and selling with counterfeit certificate object. The method used in this study is normative legal research. In addition, the legal materials are obtained by using a literature study. The results of this study showed that the transfer of rights over the counterfeit certificate object causes legal uncertainty because there is a violation of article 1320 of the Civil Code, namely the agreement and skills that can be requested for cancellation, the form of the legal protection of the buyer acting in good faith in the form of protection repressive where such protection can be provided in the form of criminal sanctions, administrative and civil to the seller.

GOFOOD APPLICATION USERS CONSUMER BENEFITS IN ELECTRONIC TRADE TRANSACTIONS

This study is a form of the author's academic anxiety in observing the consumer behavior of users of one of the Gojek applications, namely GoFood, which recently, consciously, and intentionally has committed a default act of canceling the food delivery service after the GoFood driver bailed out with his own money to buy an order. consumer. This act of course caused a huge loss for GoFood drivers who incidentally are small people who are trying to make a living to meet the needs of their families. The research method used in this study is a normative research method with a statute approach as well as a case approach. The authors took both approaches because there are no rules in positive law in Indonesia that regulate the problems to be studied. From the results of the study, it was found that for acts of default by consumers who cancel orders unilaterally and irresponsibly, only civil sanctions can be imposed so that it is not enough to cause a deterrent effect for consumers who have bad intentions. So, it is time for regulators to formulate forms of criminal sanctions against consumers who knowingly and intentionally cancel orders to the detriment of GoFood drivers, as has been formulated by the Philippine government.Keywords: Gojek, GoFood, Online Drivers, and Consumers.