Imposition Of Criminal Sanctions Research Articles

Deconstruction of Penal System Policy on Tax Law in Indonesia against Liability for Corporate Income Tax Evasion

The purpose of this study is to simplify legal policies in the Law on General Provisions and Tax Procedures by the values of Pancasila in technical and its implementation in the application of law and law implementation in tax crimes. Normative juridical research methods are processed qualitatively and descriptively, using sources of legal materials" secondary data" "primary" legal materials, and tertiary legal materials, laws, and regulations as rules or norms that become parameters of behavior. legal principles, as well as legal doctrines to answer growing legal issues. Such as the statute approach. Case approach, and conceptual approach. To achieve justice that is manifest in the imposition of criminal sanctions and can be implemented for perpetrators of tax evasion crimes, and focus on criminal purposes so that they can be held criminally accountable for their actions by the punishment given. The provisions in the special criminal law impose sanctions that are more severe than general crimes. At the same time as a consideration to answer the problem of how the deconstruction of the penal system policy on tax law in Indonesia against the criminal liability of corporate income tax evasion can be applied as a reference to make new legal constructions useful for the Indonesian state by deconstructing the diction or phrase of the criminal act of taxation and, technical management and separation of powers.

FAKTOR TERJADINYA DISPARITAS TERHADAP PENJATUHAN SANKSI PIDANA

This research aims to find out the things that influence the imposition of criminal sanctions on the factors of disparity in the imposition of criminal sanctions, to find out the decision-making process of a case by a judge, and to find out the level of justice for victims when imposing sanctions for perpetrators that are not in accordance with written law. This research is a field research and library research, with data collection techniques namely observation, interviews, and documentation review. The results of this study are, in the imposition of criminal sanctions there are sometimes disparities, it is due to the freedom for a judge in imposing criminal sanctions for a criminal, with certain considerations, including considering the factors that exist within the perpetrator as well as public opinions and the actual facts of a case.

Imposition of Criminal Sanctions on Corporations and/or Corporate Control Personnel Who Commit Money Laundering Crimes

This research purpose is to describe law enforcement arrangements for corporations and/or corporate control personnel for money laundering crimes. The author uses a normative juridical approach, using primary and secondary data. Data analysis uses qualitative analysis. In Indonesia, legal regulations regarding the prevention and eradication of money laundering crimes were initially regulated in Law Number 15 of 2002 concerning the Crime of Money Laundering (UUTPPU) which was later revised into Law Number 25 of 2003 and subsequently revoked and replaced by Law- Law Number 8 of 2010 concerning Prevention and Eradication of the Crime of Money Laundering. The results show that perpetrators of money laundering crimes are subject to sanctions based on Articles 6, 7, 8, 9, and 10 of Law Number 8 of 2010 concerning Money Laundering Crimes. Apart from that, to anticipate the occurrence of money laundering criminal attempts in Indonesia by postponing transactions with assets suspected to originate from criminal acts. Blocking of assets known to originate from criminal acts, and Temporary suspension of transactions related to money laundering crimes.

Restorative Justice Approach To Certain Criminal Actions With The Threat Of Under Five Years Prison In Functioning Criminal Law As Ultimum Remedium

The purpose of this research is to find out the concept of criminal law renewal to place restorative justice as ultimum remedium in certain crimes with a prison sentence of under five years. This type of normative legal research with the type of legal synchronization. Collecting data on normative legal research uses data collection techniques from a literature study. In drawing conclusions the author uses the deductive thinking method, namely a way of thinking that draws conclusions from a general statement or argument into a specific statement. the results of research and discussion can be concluded. First; The restorative justice approach to criminal acts with the threat of imprisonment for under five years finds its footing in the basic philosophy of Pancasila, namely in accordance with the 4th precept of Pancasila "Deliberation to reach consensus". Currently, restorative justice has been regulated in various regulations/policies. The contents of this internal policy show that there is no uniformity in understanding and boundaries of criminal acts that can be resolved through restorative justice and does not create an Integrated Criminal Justice System. and the imposition of criminal sanctions on perpetrators

Imposition of Criminal Sanctions in Online Loan Collection Activities Related to Theft of Personal Data

Globalization is growing rapidly affecting existing technology making many conveniences for society. bring positive and negative impacts in society. Slowly all forms of activity that were previously carried out manually are changing technology. This is also used by startup companies engaged in the fintech peer 2 peer lending or Pinjol business. consumer and public complaints about the theft of personal data on consumer loans, illegal access to consumer phone contact numbers, and also billing with threats and sexual harassment through social media belonging to consumers and relatives and families of consumer loans. Moreover, there are many illegal loan companies that trap their victims with high-interest loans that borrowers are unable to repay. This research uses a prescriptive legal method and examines law as a norm with misconceptions about legal protection. Secondary data becomes the main data. The specifications used are descriptive specifications. Theft of personal data with the aim of making threats and damaging a person's dignity is a crime that needs to be anticipated by Indonesian law.

Criminalizing Human Rights

Abstract The priorities reflected in the overarching system that includes the regimes dealing with international human rights law, international humanitarian law, and international criminal law are currently undergoing a gradual but highly significant transformation. The cause is a growing preoccupation with ‘atrocity crimes’ in each of the three fields, along with the imposition of criminal sanctions in response to an ever increasing range of violations, the recasting of other violations as crimes (ecocide), and the urge to describe a great many situations as involving genocide. These developments have diminished the attention given to non-criminal violations and to techniques other than prosecution, and facilitated continuing neglect of the structural dimensions underpinning violations. In the foreign policies of key western states, sanctions against individuals now attract more attention than other human rights responses. The risk is that these trends will entrench an atrocity-centred normative hierarchy, empower judges and criminal lawyers at the expense of social movements, shine a spotlight on individual rather than collective responsibility, reinforce problematic North-South dynamics, and distort resource allocations at the international level.

Upaya Pencegahan dan Penanggulangan tindak Pidana Perdagangan Orang

This trafficking crime is usually not only committed by individuals but also carried out by a group of people (corporations). This form of trafficking is related to commercial sex work and the purpose of exploitation. Exploitation includes, exploitation of prostitution by others, or other forms of sexual exploitation, forced labor or service, slavery, or slavery-like practices, servitude or organ harvesting. The issue raised in this case is how the imposition of criminal sanctions in the Criminal Code and outside the Criminal Code and how these sanctions are related in the Human Rights Law in Law No. 39 of 1999. Based on Article 1 paragraph 1 of Law Number 21 of 2007 concerning Trafficking in Persons, the definition is the act of recruiting, transporting, sheltering, sending, transferring, or receiving a person by threat of violence, use of force, kidnapping, captivity, forgery, fraud, abuse of power or vulnerable position, debt bondage or giving payment or benefits, so as to obtain the consent of the person in control of the other person, whether carried out within countries or between countries, for the purpose of exploitation or resulting in exploitation of people. Trafficking operations were often conducted behind closed doors and operated outside the law. Traffickers quickly developed an undetectable way of working. This crime continues to grow at a rapid pace.

Corporal Punishment in Educational Context: Criminal Law Regulatory Framework


 Teachers may impose sanctions or Corporal Punishment on students for educational purposes. In several cases, the Corporal Punishment action taken by the teacher resulted in the imposition of criminal sanctions on the teacher. This paper describes the perspective of criminal law settlement in Corporal Punishment cases. This paper uses the normative juridical research method, which examines the application of positive legal norms. Hence, this paper interprets the corresponding law in the means of textually. Furthermore, researchers use a conceptual framework to illustrate a teacher’s professional duties and Corporal Punishment. Finally, this research uses qualitative descriptive analysis supported by a case approach. This research found that applying life skill-based and contextual learning methods may prevent the aftermath of teachers’ Corporal Punishment. Teachers, carrying out their professional duties, may avoid criminal charges for Corporal Punishment if these actions do not exceed reasonable limits, which result in student losses, both physically and psychologically. The functionalization of criminal law may be prevented using ultimum remedium in resolving Corporal Punishment cases. This may occur in settlement through restorative justice, which involves various parties in the educational process. Alternatively, criminal law settlement may be used in Corporal Punishment cases. Judges may apply the concept of individualized punishment in imposing sanctions on teachers who are proven guilty of Corporal Punishment. Finally, this paper recommends a psychological intervention to assess educators’ mental capacity. This may take form through periodic assessments to determine the competence of teachers as educators.

Analisis Putusan Hakim dalam Penjatuhan Sanksi Pidana Kasus Korupsi Ditinjau Berdasarkan Perspektif Hukum Progresif (Studi Putusan Nomor 10/PID.SUS-TPK/2021/PT DKI)

This study aims to examine the basis for judges' considerations in imposing criminal sanctions on Decision Number 10/Pid.Sus-TPK/2021/PT DKI, as well as reviewing the application of criminal sanctions against perpetrators in Decision Number 10/Pis.Sus-TPK/2021/PT DKI reviewed under progressive law. The research was carried out by applying normative legal research methods, using statutory, conceptual and case approaches. From the results of the research, it shows that both the juridical and non-juridical considerations above, the authors consider that the basis for the judge's considerations is not in accordance with the principle of equality before the law and does not consider the status of the defendant as a law enforcer but instead commits a criminal act of corruption. In the concept of progressive law, judges can actually be more flexible in giving decisions, namely by making discoveries or breakthroughs related to what according to him is currently irrelevant. However, the application of the non-criminal sanction against Attorney Pinangki in Decision Number 10/Pis.Sus-TPK/2021/PT DKI if viewed based on progressive law has not been fulfilled. Because the reduction in prison sentences by the Panel of Judges was not matched by an increase in fines, and in considering the imposition of criminal sanctions, the Panel of Judges only seemed to focus on the gender status of the accused.

Juridical Analysis of the Application of Restorative Justice in Corruption Crimes in Indonesia

Corruption in Indonesia is still a severe problem and difficult to overcome. Therefore, an adequate alternative solution is needed in dealing with criminal corruption in Indonesia. One such alternative is the application of restorative justice. This study aims to conduct a juridical analysis of the application of restorative justice in acts of corruption in Indonesia, considering the legal principles in force in IndonesiaThe research method used is the normative legal research method. The data sources used are statutory documents, documents related to restorative justice, and legal literature about criminal acts of corruption and restorative justice. The study results are that estorative justice can be a valuable approach in handling corruption cases in Indonesia, but it cannot replace criminal justice processes and criminal sanctions. The research highlights the potential of restorative justice as an alternative, but it also emphasizes the need to overcome implementation challenges and evaluate and monitor its application strictly. This can help restorative justice make a positive contribution to the fight against corruption in Indonesia. Restorative justice can be a useful alternative in handling corruption cases in Indonesia, it cannot replace the criminal justice process and the imposition of criminal sanctions. To make it effective, the challenges in its implementation need to be addressed, and there should be strict evaluation and monitoring to ensure its positive impact in the fight against corruption in Indonesia.

The Paradigm of Applying Zero Verdict Based on Principles Legal Certainty, Justice, and Benefit

The null verdict is a criminal sentence against someone who has received the criminal sentence with the maximum limit but must be retrialed due to certain cases so that the criminal sentence given is nil or the maximum limit has been reached. Zero verdicts are given to criminals who have received the maximum limit in the principal sentence. Criminal terms for a certain time may not exceed 20 years as stated in Article 12 paragraph (4) of the Criminal Code. Life imprisonment is stated in Article 67 of Criminal Code that if the perpetrator of a crime has been sentenced to life imprisonment, then additional punishment may not be given. The legal gap in the zero verdict is its application, which does not provide any punishment, which in this case has the potential to cause misunderstanding, so that its application needs to be straightened out by reviewing several court decisions, and reviewed from the principles of legal certainty, justice and benefit.. The research method used is normative juridical by studying, viewing, and examining several theoretical matters concerning the Criminal Code and conceptual as the new paradigm. The results of the study show that the Judge's Consideration in imposing Zero verdict, when associated with principles of certainty, practicality, and fairness, has reached all three parameters, even though it is more inclined to principle justice because the imposition of criminal sanctions in all decisions solely refers to criminal acts along with criminal threats by applicable regulations without being contrived.

Restorative Justice in the Juvenile Justice System against Juvenile Delinquency

<em>The concept of restorative justice is predicated on the idea that the process of conflict resolution should take place through means other than the imposition of criminal sanctions and should involve both the individuals who committed the offense and the others who were affected by it. An essential component of restorative justice is the promotion of peace and forgiveness, as well as the enhancement of relationships between victims and perpetrators and the elimination of the damaging social stigma associated with repeat offenders. In Indonesia, criminal offenses are punished in accordance with the decisions reached by the courts. If it is done to children or teenagers, it can result in negative stigma and prejudice, both of which can have an effect on the development of the child in the future. As a result, it is imperative that children be safeguarded by investigating alternative legal strategies for dealing with legal situations involving children, such as the possibility of using restorative justice. This study's objective is to investigate the application of restorative justice principles within Indonesia's juvenile justice system. The research approach that is being used is legal research, and the research method that is being used is normative juridical law research. Studies of published works and historical documents are examples of secondary sources of data. As stated in Law Number 11 of 2012 concerning the Juvenile Justice System, which places an emphasis on deliberation between perpetrators, victims, families, and related parties, the findings of the study lead one to the conclusion that restorative justice is an alternative to solving legal problems outside of the court. The objective is not vengeance but rather recovery.</em>

Criminal Conviction of Social Workers in the Criminal Justice System

This study aims to analyze the concept of social worker sentencing policy, and to know the criminal law of social work as a solution to reduce overcapacity in Indonesian Correctional Institutions. This study uses a normative juridical method with analytical descriptive specifications. The findings showed that the current policy of imposing criminal sanctions is felt to be ineffective because every criminal who is proven and has the power of law to carry out legal proceedings in prison is still not appropriate if the weight of the crime is a minor offenses. As a solution, the imposition of criminal sanctions on social workers has been determined to be appropriate. It is necessary to have a criminal law policy so that what becomes a legal issue can be resolved effectively, likewise with the effectiveness of the provision of prison sentences, which are no longer in accordance with prison conditions, leading to an increase of 500 to 900 percent, which eliminates the duties and functions of Correctional Institutions as a coaching and protection institution for convicts. In conclusion, the policy of imposing criminal penalties on social workers is appropriate in order to reduce over capacity.

Discourse on the Application of Zero Sentences as Imposition of Criminal Sanctions in Indonesia

The verdict is still rarely known by the people of Indonesia. The question in society is why judges do not add punishment to perpetrators of criminal acts who have been proven valid and guilty of committing crimes. The implementation of zero sentences is still a problem in law enforcement in Indonesia. The reason is because, a zero sentence is not included in the type of punishment mentioned in Article 10 of the Criminal Code. The research method used is normative juridical which is carried out by studying, viewing and examining legal regulations such as the Criminal Code and Circular Letter Number 1 of 2022 concerning the Enforcement of the Formulation of the Results of the 2022 Supreme Court Chamber Plenary Meeting. The results of the study show that the application of the Zero Sentence in Indonesia certainly creates problems, namely two different opinions, if the defendant has been sentenced to a maximum prison sentence of 20 years, so if there are other cases a Zero Verdict is required, especially since there is SEMA No. 1 of 2022.

Discourse on the Application of Zero Sentences as Imposition of Criminal Sanctions in Indonesia

Discourse on the Application of Zero Sentences as Imposition of Criminal Sanctions in Indonesia

Hate Speech and Identity Crystallization in Indonesia’s Cyberpolitics: Peace-Making Criminology Approach

This study aims to present aspects of mass psychology and to examine the representation of crimes against hate speech. This study uses a combination of library research design and field research based on virtual ethnography. Virtual ethnographic studies are used to explore the elements that accompany the choices and attitudes of a person or group through interaction data in the world of social media. This is supported by a peacemaking criminology approach to determine the ecosystem for the use of hate speech. This paper proves that a person's motivation to use speech that can offend or cause hatred is strongly influenced by responses to other behaviors. Hate speech undergoes a cultural configuration in a society controlled by the struggle for hegemony and sensitivity to offense. Peacemaking criminology provides an alternative to criminal independence for perpetrators of hate speech after realizing their mistakes and willing to take responsibility. Hate speech is an expression of identity resistance because of a different social environment so that the imposition of criminal sanctions is not based on domination on the basis of revenge and deterrence. Keywords: hate speech, configuration, culture, identity politics, hegemony, peace. DOI: https://doi.org/10.55463/hkjss.issn.1021-3619.60.10

PENANGANAN TERHADAP PENGEMIS DAN GELANDANGAN UNTUK MEWUJUDKAN KESEJAHTERAAN SOSIAL DAN PENEGAKAN HUKUM DI KOTA SEMARANG

Beggars and homeless people are classified as a social disease which is a social problem that must be addressed immediately, this is a violation of the law as stipulated in Article 504 of the Criminal Code and Article 505 of the Criminal Code. Efforts to deal with it are usually only like controlling and social rehabilitation who are returned to their place of origin or their family, after being equipped with skills, while the imposition of criminal sanctions by the article mentioned above has not been implemented, because this is also related to Article 34 paragraph 1 of the 1945 Constitution which reads: "Fakir the poor and neglected children are cared for by the State”, so the handling is to tend to let beggars and homeless people. Based on the description above, the problem arises of how to deal with beggars and homeless people related to Article 34 (1) of the 1945 Constitution. The method used in writing this paper is normative juridical, that is, an approach based on the main legal material by examining theories, concepts, legal principles, and literature as well as applicable laws and regulations, especially the Book of Laws. the Criminal Law (KUHP), Article 504 and Article 505, and the 1945 Constitution, Article 34 paragraph (1), as well as other laws and regulations related to this research. Therefore the handling of beggars and homeless people is only controlling and social rehabilitation which is controlling and social rehabilitation of those who are returned to their place of origin or their families after being equipped with skills, while the prosecution of beggars and homeless people as stipulated in Article 504 of the Criminal Code and Article 505 of the KHUP has not been implemented.Keywords: Beggars, homeless people, Article 34 paragraph (1) of the 1945 Constitution.

Application of Large-Scale Social Restrictions (PSBB) Sanctions in the Perspective of Criminal Law

Indonesia is a country based on law, so any human or community activity that is its life activity must be based on the rules and norms that apply in society. This PSBB is an object intended in Article 93 because the PSBB is a form of health quarantine. The application of this criminal sanction aims to provide a deterrent effect to violators of the PSBB policy. Indeed, the imposition of criminal sanctions on PSBB violators is not appropriate, but considering that there are still many people who do not heed this policy, they do not feel deterred if they are only given sanctions such as social work. The formulation of the problem is how to apply large-scale social restrictions (PSBB) sanctions in the criminal law perspective and the construction of criminal sanctions on the formulation of the offense in Article 93 of Law No. 6 of 2018 concerning Health Quarantine. The research method used is normative juridical.

Law Enforcement on Management of Limestone Mining Without Permits According to Law Number 3 of 2020 concerning Mineral and Coal Mining

Mining activities in Indonesia are carried out by mining companies that already have official permits. In connection with the existence of mining activities without a permit on objects on the ground, the government issued a legal product in providing protection, which is regulated in Law Number 3 of 2020 concerning Mineral and Coal Mining. The objectives of this study are: 1) Explain the management of limestone mining permits according to Law Number 3 of 2020 concerning Mineral and Coal Mining. 2) Explain law enforcement against limestone mining without a permit according to Law Number 3 of 2020 concerning Mineral and Coal Mining. The method used in this research is using a normative approach. The research specification in this paper is descriptive analytical. The results of the study show: 1) The management of limestone mining permits in Law Number 3 of 2020 concerning Mineral and Coal Mining is carried out in accordance with the provisions in Article 35 Paragraph (4), in which the permits are carried out based on the delegation of authority of the Central Government. 2) Law enforcement against limestone mining without a permit can be said to be ineffective and not in accordance with the purpose of punishment. Given that mining without a permit is a mining crime in the environmental sector, the imposition of criminal sanctions should be oriented towards the environment.

The Challenge of Local Revenue Enhancement through Boarding House Taxation Policy in Yogyakarta City

Introduction to The Problem: In early 2019, the total data on Building Permits for Boarding Houses in Yogyakarta City reached more than 700 houses, and the local tax revenue for the category Boarding House did not reach 40 homes yearly. The urgency of enforcement of the boarding house tax regulation is relevant to increasing tax compliance rates and local revenue from boarding houses. Objective Study: This study examines the enforcement of the Regional Regulation of Number 1 of 2011 on Local Tax and the obstacles to its implementation using the law system components, the law enforcement factors and the law enforcement elements. Methodology: The data used are primary data and secondary data through a regulatory approach. Data collection uses a structured interview process by interviewing five interviewees who handled the enforcement of boarding house tax rules. Findings: The service quality of tax authority factor, law enforcement officers’ factor, and tax sanctions factor have adjusted the public needs (as a legal benefit) and legal certainty while does not provide justice to the community. Implications of the study for tax policy of the Boarding House category are the imposition of criminal sanctions and administrative sanctions against non-compliance boarding house taxpayers, the coordination between tax authorities and law enforcers to enforce boarding house tax rules, and the development of boarding house tax regulations relating to the tax sanctions theory. Paper Type: Research Article