Criminal Law Formulation Research Articles

The Synergy of Indonesian National Police and Army in the Effort to Treat Criminal Terrorism

The implementation of synergy between the Indonesian Police, Indonesian National Armed Forces, and the community in the context of overcoming the crime of terrorism, where the problem becomes a legal problem when proposed by the Draft Terrorism Law. The problem in this research is how the legal problems in the implementation of the synergy of the Indonesian Police, the Indonesian National Armed Forces and the Community in the effort to tackle terrorism crime, how the current criminal law policy is applied in overcoming terrorism crime and how is the formulation of criminal law applied in tackling acts criminal terrorism in the future. This research method is empirical juridical, and data is collected from library studies, interviews, and observations. The conceptual framework in the study includes the concept of criminal law policies and the concept of criminal acts of terrorism. The results of this study indicate the efforts to tackle terrorism in Indonesia stem from differences in vision and mission between the Indonesian Police and the Indonesian National Army in the aim of synergizing to eradicate criminal acts of terrorism. The emergence of a narrow mindset of some people who think that the issuance of Police Chief Regulation No. 7 of 2008 concerning Basic Guidelines for Strategy and Implementation of Community Policing in Handling Indonesian Police Tasks is seen as an effort to counteract the activities carried out by Babinsa formed by the Indonesian National Army.

Criminal Law Formulation Policy to Prevent Corporate Crimes Conducting Mining in Forest Areas without Permission

Corporations carrying out mining activities in forest areas are still widespread, the existing laws and regulations currently in force are still not enough to prevent corporate crimes in the criminal sector without a business permit from the central government, which causes the risk of environmental damage and social disadvantage for the community, which means In the absence of harmonious law enforcement in the field, there is a need for a concept to provide legal certainty regarding the burden of criminal liability for violations by corporations carrying out mining activities without a permit through policy formulation to provide certainty. The purpose of this writing is to know, understand, analyze, describe and discover the concept of criminal law formulation policies in preventing corporate crimes that carry out mining activities in forest areas without ministerial permission. The results of this writing, through the Connectivity Legal Theory, will be believed to provide a breath of fresh air in law enforcement within the police in order to ensnare corporations that carry out covert and organized business activities. This will provide certainty in the basic guidelines. It differs in that the interpretation method is still ambiguous from various points of view and is still difficult to apply without basic references in countries that adhere to the continental European legal system. The idea of law enforcement in realizing an Article which still contains ambiguities but is based on other rules can be used as a reference to strengthen the position of the Article with the following provisions: a. Still relevant in law in the same environment; b. Still in the same hierarchy of laws and regulations; c. Connected regulations provide clarity on legal issues in legislative formulation; d. Bag-connected rules provide clarity in criminal liability

FAILURE OF CRIMINAL LAW IN RECOVERING STATE LOSSES DUE TO CRIMINAL ACTS OF CORRUPTION

Effectiveness Returning state financial losses due to criminal acts of corruption is still far from expectations. In 2022, the number of decisions observed by ICW will increase fundamentally, namely 2,056 decisions with 2,249 defendants. In 2022, the average perpetrator of corruption will be imprisoned for 3 years and 4 months, which will cost the state Rp. 48,786,368,945,194.70 (Rp. 48,786 trillion). This article aims to describe the form of failure of Indonesian criminal law in efforts to return state assets and analyse the causes and consequences resulting from the failure of criminal law in efforts to return state assets. This research is based on qualitative research by conducting legislative studies and literature studies. The research results show that the form of failure to recover state financial losses is characterized by the increasing value of unrecovered state losses from year to year. This is a result of the legal vacuum that can be applied in efforts to recover state financial losses because the applicable legal formulation is no longer relevant or cannot reach the scope for confiscation of corruptors' assets so that judges have limitations in making sentences regarding the return of state losses. This has the impact of hampering equitable economic development and hindering foreign investors because the rulers and conglomerates use land to benefit certain groups. This research concludes that the formulation of criminal law cannot accommodate legal needs regarding the recovery of state financial losses due to corruption, so it is recommended to immediately pass the Asset Confiscation Bill.

Attributes and Functions of Statutory Concept at Devising Theoretical Model for Business Protection through Criminal Law

In this article the author explores the general theoretical and specialized content features of statutory concept as a meta-category of legal science. Based on the use of integrative methodology, the author identifies the attributes of the statutory concept as a universal legal category. These attributes are - the multiplicity of the structure of statutory concept, conformity, typicality, theoretical validity and applicability, formal recording. The highlighted features, according to the author of the study, relate to all statutory concepts, regardless of the scope of their application in theory or rule-making practice. The paper also summarizes and analyzes the main provisions of academic thought on the problem of defining the concept of a legal model and legal modeling as a process of devising a model and method of legal science, defines the signs of a legal model as a dual phenomenon in relation to a legal structure. The theoretical model of criminal law protection as a primary element has a statutory concept. On the other hand, the theoretical model itself is a statutory concept implemented in the draft normative act. Based on the system analysis of the features of the legal model and the statutory concept, the functions of the latter are defined. The following functions of the statutory concept as a primary element and a general model are highlighted: constitutive, descriptive, interpretative, cognitive and evaluative. The selection of the indicated features is determined by the purpose of forming either a theoretical or applied model. Such attributes are not the same for different types and categories of legal models. The results of the research can serve as theoretical base for the formulation of criminal law in the process of rulemaking as well as methodological base for research.

PEREMPUAN DALAM HUKUM PIDANA DI INDONESIA (KAJIAN FEMINIST LEGAL THEORY)

Feminist Legal Theory is a legal theory that was born during the second wave of the feminist movement in America. The main object of study of the Feminist Legal Theory (FLT) is criticism of patriarchal and discriminatory legal products. Legal products in Indonesia are not immune from such problems, even though the constitution has mandated in Article 27 paragraph (1) of the 1945 Constitution which confirms that every citizen has the same position before the law. However, there are several articles or verses that are enigmatic and not in favor of women. The purpose of this study is to analyze law in Indonesia, especially criminal law with the study of Feminist Legal Theory to find out how far criminal law accommodates justice for women. In addition, it can also be seen where the problem of injustice for women is in the formulation of criminal law in Indonesia. This study uses a normative legal research method with the approach used in solving the problem is a statutory approach (statute approach) and conceptual (conceptual approach). The results of this study indicate that although there are problems in the Criminal Code as a positive law in Indonesia, the presence of the TPKS Law is able to provide justice for women in handling and protecting criminal acts of violence against women.

POLICY FORMULATION AGAINST BRIBERY IN THE PRIVATE SECTOR IN INDONESIAN CRIMINAL LAW REFORM

The purpose of this research is to analyze the regulation of bribery in the private sector in Indonesian positive law and future Indonesian criminal law formulation policies in terms of regulating bribery in the private sector. This research used normative legal research which departs from vacuum of norms with the type of approach used are statutory approach, analytical approach and legal concepts, comparative approach, and case approach. The results of the study show that basically Indonesia already has Act Number 11 of 1980, but it seems to be neglected or never been used. Although bribery in the private sector is non-mandatory, it is important for Indonesia to consider criminalizing bribery in the private sector, therefore it is necessary for legislators to form a criminal law policy by criminalizing bribery in the private sector as well as conducting comparative studies in several countries to address the gap, so the law enforcement can carry out law enforcement in accordance with the regulations governing bribery in the private sector as a form of corruption.

Legal Policy on Gambling Crime

Gambling is a form of social pathology that poses a real and potential threat to social norms so that it threatens social order. Thus, it will greatly impact on national development with material-spiritual aspects which must therefore be addressed in a rational way. One of these rational efforts is the policy approach to criminal law enforcement regulated in the Criminal Code (KUHP) in accordance with the amendments by Law no. 7 of 1974 concerning the regulation of gambling. However, the policy formulation of laws and regulations has several weaknesses. At the applicative stage, the judge is not free to determine the types of criminal sanctions that will be imposed on the perpetrators of gambling crimes. This is due to the general minimum system and the general maximum system adopted by the Criminal Code, so that any type of criminal sanctions contained in the law must be applied by judges. Policies for dealing with gambling crimes in the future must still be carried out by means of a penalty. Policy formulation of criminal law must be more optimal and able to reach the development of criminal acts of gambling with advanced technology.

Formulation of Criminal Law against Criminal Acts in the Land Sector in Indonesia

Soil is something that is very important for human life. Matters related to land require legal certainty for holders of land rights through a land registration activity. However, there are still problems in the land sector, namely the occurrence of land grabbing, so that the government makes legal rules which include criminal sanctions, such as land grabbing. in the Criminal Code is still too narrow, especially usurpation. Based on the legal issues, it is narrowed down in the formulation of the problem, namely: What are the forms of criminal acts in the land sector? How is the formulation of criminal law in dealing with crimes in the land sector? The term occupying is considered more appropriate, because the land is large and not just a yard as in Article 167 of the Criminal Code concerning land grabbing. Articles 263, 264, 266, of the Criminal Code are falsification of land rights documents, Article 385 of the Criminal Code contains elements of embezzlement of rights to immovable objects. The formulation is able to provide legal protection for individual land rights, legal entities, as well as for customary land or customary rights as long as the law or the community still adheres to the customary law applicable in their environment. Of course, this is driven by the mandate contained in Article 18 letter B of the 1945 Constitution. The objectives to be achieved are to describe the forms of actions that constitute criminal acts in the land sector and to find formulations of criminal law in dealing with crimes in the land sector.

Kebijakan Hukum Pidana Dalam Tindak Pidana Penyelundupan Barang Oleh Korporasi

This study aims to determine the direction of criminal law formulation policy in the criminal act of smuggling goods by corporations according to Law Number 17 of 2006 concerning Amendments to Law Number 10 of 1995 concerning Customs and to determine the model of criminal liability in the criminal act of smuggling goods by corporations. The method of data collection that the author uses in preparing this thesis is by using library research. This library study the author collects data by reading, recording, studying and analyzing the contents of decisions related to the problem, including legislative literature, documents, archives and Supreme Court decision number 1734 K/Pid.Sus/2017, the Supreme Court of the Republic of Indonesia which decided that PT Tujuan Utama was a corporation that was found guilty in the crime of smuggling gold. The result of this study is that in the Supreme Court decision number 1734 K/Pid.Sus/2017 adheres to stricht liability, which is clearly not only individuals (company administrators) who can be held criminally liable, but the corporation / legal entity can also be subject to criminal liability. Of the seven models of criminal liability against corporations, only the vicarious liability and stricht liability models are explicitly adopted in the provisions of Law No. 17 of 2006 amending Law No. 10 of 1995 on Customs in handling criminal acts of smuggling goods by corporations. Meanwhile, other criminal liability models can be considered to be applied in handling criminal acts of smuggling by corporations in the future.

Kebijakan Hukum Pidana Dalam Tindak Pidana Penyelundupan Barang Oleh Korporasi

This study aims to determine the direction of criminal law formulation policy in the criminal act of smuggling goods by corporations according to Law Number 17 of 2006 concerning Amendments to Law Number 10 of 1995 concerning Customs and to determine the model of criminal liability in the criminal act of smuggling goods by corporations. The method of data collection that the author uses in preparing this thesis is by using library research. This library study the author collects data by reading, recording, studying and analyzing the contents of decisions related to the problem, including legislative literature, documents, archives and Supreme Court decision number 1734 K/Pid.Sus/2017, the Supreme Court of the Republic of Indonesia which decided that PT Tujuan Utama was a corporation that was found guilty in the crime of smuggling gold. The result of this study is that in the Supreme Court decision number 1734 K/Pid.Sus/2017 adheres to stricht liability, which is clearly not only individuals (company administrators) who can be held criminally liable, but the corporation / legal entity can also be subject to criminal liability. Of the seven models of criminal liability against corporations, only the vicarious liability and stricht liability models are explicitly adopted in the provisions of Law No. 17 of 2006 amending Law No. 10 of 1995 on Customs in handling criminal acts of smuggling goods by corporations. Meanwhile, other criminal liability models can be considered to be applied in handling criminal acts of smuggling by corporations in the future.

Criminal Response Formulation Policy Distribution News (Hoax) through Social Media

The spread of fake news (hoax) is increasingly prevalent nowadays. Hoax is fake news that often appears on the internet and aims to spread panic and mass fear. Many irresponsible individuals carried out an activity to achieve a goal that can cause unrest, chaos, and disrupt state security. The research objective is to understand the criminal provisions in the ITE Law into conditions that follow the development of the criminal act of spreading hoaxes—knowing the policy formulation in handling the spread of fake news (hoax) through social media in Indonesia in the future. The approach method used in this research is a normative juridical approach. The types of data used in this study are secondary data and primary data. This research is classified as a kind of qualitative research. The results of this study indicate that: The provisions that follow the development of the criminal act of spreading fake news (hoax) are seen from several aspects. First, the factory itself, the second legal factor of law enforcement officers, the third is facilities and infrastructure, fourth, the community factor. In terms of this aspect, the formulation of criminal law in dealing with fake news in the future looks better and more complete, especially in the concept of the Criminal Code, which regulates things that can be convicted regarding fake news and hate speech, the form of fake news and hate speech in cyberspace. The current criminal law policy still has shortcomings, especially in terms of policy formulation.

Election Criminal Law Enforcement in the Era of Simultaneous General Election 2019

This thesis addressed the issue of election criminal law enforcement in the era of simultaneous general election in 2019. Based on data released by The General Election Supervisory Agency (Bawaslu) there were 2,724 reports and findings of alleged violations of election crimes, which continued with the investigation of 582 cases, closed at the investigation stage there were 132 cases, then closed at prosecuting 41 cases, and ajudicated by the court in 319 cases. Meanwhile, based on the Indonesian Legal Roundtable (ILR) data from the whole cases in electoral crime, 170 cases or 53% were sentenced to conditional or probation. The method of this research is used normative legal research methods (normative juridical). Data research compiled based on suited laws and regulations through statutory approach, case approach, historical approach, comparative approach, and conceptual approach. Furthermore, normatively the data is analyzed based on applicable regulations as positive legal norms by interpreting and constructing statements contained in documents and applicable laws. The results of this study are to reveal and analyze the law enforcement applied in handling election crimes that occurred in simultaneous general elections in 2019. Analyzing the formulation of criminal law in tackling more effective general election crimes for the future through the formulation definite regulations, fair, not multi-interpreted and attend to all parties in equal rights of each individual before the law in order to establish a general election which honest and fair as well as legitimate

RECHTERLIJK PARDON DALAM KEBIJAKAN DAN PENERAPAN PIDANA INDONESIA

Penal code in the formulation of criminal law is currently only fixated on the provisions of criminal acts and crimes without including the goals and principles of punishment. Therefore, criminal law is currently considered rigid and inhumane in its application in small cases that are deemed to require social justice. Formulations which do not have objectives and principles in criminal guidelines will not produce effective law, now there is an idea that is Rechterlijk Pardon as one of the concepts in criminal reform that has been used by various countries implementing civil law systems. The results of the analysis in this study found 6 (six) articles relating to the value of forgiveness in the current formulation of the Kuhp but not the pure forgiveness value and the discovery of 5 (five) criminal justice applications that already have forgiveness values but still cannot be applied properly because they are not properly applied the existence of forgiveness formulations in the current criminal. The formulation of the judge's forgiveness idea "Rechterlijk Pardon" will make the criminal law system in Indonesia to come to be more integral, flexible, humanist, progress and nationalist. The criminal justice system desperately needs significant reforms such as the inclusion of criminal law goals and principles so that an effective criminal justice system in Indonesia is realized.

Relevance of Criminal Law Formulation in the Law of Domestic Violence Elimination in Indonesia

Violence Against Women is becoming more and more with specific domestic violence, as well as the cause hidden behind divorce. The issue of domestic violence is arranged by The Law Number 23 of 2004 on The Elimination of Domestic Violence which contains a summary of criminal act in Article 44 to Article 53. This study attempts to analyze the philosophy of regulation of domestic violence in Indonesia and the political law of the law number 23 Year 2004 on the elimination of domestic violence is related to the principles in the formulation of criminal law. This research is a normative legal research, and was obtained by studying documentation, discussion, and literature study and with collection data is literature study and analyzed prescriptively. The authors believe that the household paradigm that is in accordance with the objectives of this law is to realize the integrity of households, and it implies the formulation of criminal law is not appropriate, so it is a manifestation of overcriminalization/ penalization.

CRIMINAL LAW FORMULATION POLICIES RELATED TO CORPORATE CRIME

The role of corporations today dominates daily life, especially with the increasing needs of the community. It's no longer a country that provides needs, but corporations. Corporations can increase state wealth and labor, but the revolutionary economic and political structure has caused great corporate power, so that the state can be influenced in accordance with its interests. Based on this background, a problem arises namely how the policy of formulation of criminal law enforcement so far for corporations that commit criminal acts as well as how the policy of formulation of criminal law in dealing with corporate criminal acts in the future. The research method used in this study is normative juridical using secondary data. Data collection is done by collecting and analyzing relevant library materials. Furthermore, the data are analyzed in a qualitative normative manner by interpreting and constructing statements contained in documents and legislation. The conclusion of this research is the regulation of sanctions regarding inconsistent corporate criminal acts. Inconsistencies in determining or imposing maximum fines imposed on corporations, there is no uniformity in determining when a corporation can be said to have committed a crime, regarding who can be held accountable or prosecuted and convicted, and the formulation of types of criminal that can be imposed on the corporation that commits criminal act.

Policy Formulation of Criminal Law against Narcotics Traffickers Based On Justice Value

Act No. 35 of 2009 on Narcotics there are multiple interpretations and ambiguities article formulation, namely Article 112 of Law on Narcotics. Article resulted in the perpetrators of Narcotics (trafficker) will shelter as if he was a victim of crime or narcotics abusers.The problems are: 1) Are Policy Formulation of Criminal Law Against Narcotics Traffickers based on Act No. 35 of 2009 has fulfilled a Justice Value? 2) How does the Policy Formulation of Criminal Law Against Narcotics Traffickers in Criminal Justice in Indonesia? and 3) how the Policy Formulation of Upcoming Criminal Law Against The Perpetrators And Abusers Based on Justice Value?The method used is normative, the specification of the research is descriptive analytical data using secondary data sources, data collection methods using literature study, data presentation in the narrative, qualitative data analysis. The research problem in accordance with the above described problems he infused with three theories: 1) The theory of law enforcement, 2) Theory of legal certainty and 3) Theory of justice.Result: 1) Policy Formulation of Criminal Law Against Narcotics Traffickers Based On Act No. 35 of 2009 still indicates ambiguity and multiple interpretations. Between the formulation of article 112 and article 127 so that it can ensnare abusers of narcotics in Article 127.2) Policies application of criminal law against traffickers Narcotics in Criminal Justice in Indonesia is still problematic, where the dealer the crime of Narcotics can shelter as abusers of narcotics to avoid criminal sanctions are more severe. 3) Policy criminal law traffickers and abusers of narcotics in the future is the need to change the formulation of Article 112 Law on Narcotics, ie there must be firmness that met the elements "have", "save", "master" or "buy" is a chapter devoted to trafficker, importers, producer, and another narcotics crime qualification and not pointed to narcotic abuse itself.Keywords: Policy Formulation of Criminal Law; Narcotics Traffickers; Justice Value.

In Criminal Law Formulation Policy Management of Corruption Criminal in Indonesia

In Criminal Law Formulation Policy Management of Corruption Criminal in Indonesia

Iran's criminal policy in the field of pharmaceutical crime

The subject of this study is to examine the Iranian criminal policy approach to drug crimes in different aspects of legislative, judicial and executive matters. One of the major issues studied in medical law, crimes and drug offenses, peripheral issues, and its effects and outcomes. Countering and rational prevention of drug crimes is not possible without understanding and understanding the concept of criminal policy and their types. One of the dimensions of this policy is the formulation of criminal law and support for community health and the fight against high-risk behaviors against the health of the community. Instead of trying to eliminate the disadvantages of the criminal policy of drug crimes, Iran's criminal policy, more than anything else, seeks to eliminate the goals of the criminal policy of drug crime. Finding the causes and causes of drug production, distribution, import and export disturbances, relying on criminal policy related to drug crimes in the criminal justice system, changing the police force structure and forming a special drug police crime is one of the objectives of this research. The findings of this study indicate that Iran's criminal policy is low in drug offenses and its shortcomings. It also states that the Iranian criminal policy approach to combating drug offenses is a punishable, degrading and preventive approach while criminal policy must first and foremost be designed and planned for the long term.

KEBIJAKAN HUKUM PIDANA DALAM PENANGGULANGAN KORUPSI BIROKRASI PADA SEKTOR PELAYANAN PUBLIK

Analyzes of criminal policy and criminal law that criminal purpose is not just a retaliation to persons who have committed criminal acts but furthermore aims to create more useful community interests. In addition, criminal justice is impossible to devote all his energy and his thoughts on an important matter if at the same time having tomeladeni and completing the number of things that are small and insignificant. In accordance with the above statement, then the problems in this paper is how Policy Formulation of criminal law about bureaucratic corruption in the public service at this time and the time will come.Keyword: inform policy, corruption, bureaucracy, public service

KEBIJAKAN FORMULASI TINDAK PIDANA PENCEMARAN NAMA BAIK DALAM BIDANG TEKNOLOGI INFORMASI

The current legal regulation related to the formulation of criminal defamation in information technology is the problem of legal obscurity that causes juridical problem in its implementation. The method used in this research is by normative research method. The approach used to analyze the problem is the approach of the law and the comparative approach. The purpose of this paper is to provide an appropriate view to solve the legal issues raised. Criminal law formulation policies related to criminal defamation in information technology should be conducted through a humanist, cultural and religious value oriented approach integrated into a policy-oriented rational approach. The formulation of criminal defamation should be formulated in detail of subjective and objective elements in criminal defamation. With a formulation policy tailored to the comparative approach of the law that can be used as a contribution to the science of legal obscurity so as not to create multiple interpretations in the meaning of criminal defamation in practice and avoid social conflict. DOI: https://doi.org/10.26905/idjch.v8i2.1669