Indonesian Criminal Law Research Articles

The Position and Urgency of the Justice Collaborator in the Crime of Shooting by Richard Eliezer (Ruling Number: 798/Pid.B/ 2022/ PN. Jkt. Sel)

The position of witnesses is very important in the trial process because witnesses provide proof of the guilt of the suspect and defendant based on what they saw and experienced. A justice collaborator is a person who is a witness to a criminal act and collaborates with the main perpetrator. If one of the perpetrators of a particular criminal act admits what was done but is not the main perpetrator of the action, they provide information as a witness in the criminal trial. The problems that will be discussed in this research are what is the position of Justice Collaborator in Indonesian criminal law, what is the urgency of Richard Eliezer as Justice Collaborator in the criminal case of the shooting of Joshua Hutabarat (analysis of decision Number: 789/Pid.B/ 2022/PN. Jkt.Sel ). In carrying out this research the author used a method that can answer the problem formulation in this research, namely qualitative with a normative juridical approach. In several cases, the judge handling the Justice Collaborator referred to the Supreme Court Circular No. 04 of 2011 concerning handling Justice Collaborators in certain criminal cases, or SEMA No. 04 of 2011. Protection Regulations carry out protective actions and cooperate with justice. Whistleblowers cannot be prosecuted criminally or civilly for reports or statements made, made, or have been made. However, witnesses cannot be acquitted of criminal charges in the same case if their guilt is clearly proven in court. Because of his testimony, the judge was able to reduce the sentence. The Justice Collaborator is currently regulated by law. The Justice Collaborator is essential to organizing an orderly system of justice and providing effective enforcement and protection for those who are or will be witnesses. It also plays an important role in preventing criminal activity by achieving goals, fostering trust, fostering respect, and encouraging legal cooperation. Supreme Court Circular No. 4 (SEMA) of 2011 states that the government must be involved in investigating cases of witnesses and victims, emphasizing that the idea of justice collaborators is based on the belief that people who are punished for their actions can be used to ensure justice in criminal cases.

Pertanggung jawaban pidana terhadap pelaku main hakim sendiri (Eigenrichting) putusan nomor: 194/Pid.B/2022/PN Unaha

Vigilantism (eigenrichting) is the act of punishing another person without going through the applicable legal process. This action can be categorised as a criminal offence, because it is contrary to the provisions of Article 1 of the Criminal Code which states that every person is prohibited from committing acts prohibited by law. The purpose of this study is to determine the concept of the criminal offence of vigilantism (eigenrichting) according to positive criminal law in Indonesia as well as to know and understand the form of criminal liability for the perpetrators of vigilantism (eigenrichting). This research uses normative-empirical legal research methods. The results showed that the concept of vigilantism (eigenrichting) according to positive criminal law in Indonesia that has been applied by the Public Prosecutor at the Konawe District Prosecutor's Office is Article 170 of the Criminal Code on Robbery, Article 338 of the Criminal Code on Murder, and Article 351 of the Criminal Code on Maltreatment. Criminal responsibility for the perpetrators of vigilantism (eigenrichting) in Decision Number: 194/Pid.B/2022/PN, the perpetrators are responsible for their actions based on their position and the form of their actions. The Panel of Judges applied Article 55 Paragraph (1) to 1 of the Criminal Code which regulates the position of the perpetrator in the participation of a criminal offence declared as a pleger (perpetrator) by the Panel of Judges of the Unaha District Court.

The Synergy of Customary Criminal Law and National Criminal Law: Orientation Towards Criminal Law Pluralism

<em>The synergy between customary criminal law and national criminal law is an important orientation in criminal law reform. This can be seen from the substance of the New Criminal Code which emphasizes the importance of acknowledging the existence of customary criminal law so that aspects of legal pluralism are implemented. This study aims to analyze aspects of the notion of pluralism of criminal law in Indonesia as well as to describe the new orientation of Indonesian criminal law which emphasizes the synergy between customary criminal law and national criminal law. This research is a juridical-normative legal research using a conceptual and statutory approach. The results of the study confirm that the development of the idea of legal pluralism in Indonesia has implicitly been going on for a long time and has even been discussed in a limited way at the BPUPK-PPKI session. After the ratification of the New Criminal Code, the idea of criminal law pluralism has increasingly come to the fore by providing recognition of customary criminal law which emphasizes that after the passage of the New Criminal Code there has been a change in the orientation of legal pluralism which leads to aspects of public law, namely criminal law pluralism. orientation and synergy between national criminal law and customary criminal law based on legal pluralism also requires synergy and precise division of tasks between national law enforcement officials and customary law enforcement officials</em>

Implementation of Minister of Environment Regulation Number 7 of 2014 in The Implementation of Additional Criminal For Corporations That Commit Environmental Crime

The implementation of PERMEN-LH Number 7 of 2014 as a legal basis for imposing additional penalties for corporations raises problems because the related regulations have weaknesses in implementation, such as: aspects of legal synchronization, overlapping authority, potential legal consequences in the form of lawsuits against unlawful acts and uncertainty in determining the extent of the affected area due to criminal acts that affect the amount of costs incurred by corporations as additional penalties. The purpose of this study is to find out and analyze To find out and analyze the implementation of the Minister of Environment Regulation Number 7 of 2014 in several environmental criminal cases. To find out and analyze the legal consequences in the Minister of Environment Regulation Number 7 of 2014 on the enforcement of environmental criminal law in Indonesia. Additional penalties as in Article 119 UUPPLH do not have detailed implementing rules regarding the mechanism of its application. PERMEN-LH Number 7 of 2014 which is often used by law enforcement officials in environmental cases has weaknesses such as: not in sync with Article 119 of Law Number 32 of 2009 concerning Environmental Protection and Management; there is an overlap of authority between the Ministry of Finance and the Ministry of Environment and Forestry in terms of environmental restoration; and lack of certainty in calculating the extent of the affected area due to criminal acts. The imposition of additional penalties in the form of repairs due to criminal acts that are converted into a sum of money in Decision Number 256 / Pid.sus / PN Rgt; Case Number: 37 / Pid.Sus-LH / 2018 / PN; Case Number 349 / PID.B-LH / 2019 / PN.Plw has not been able to provide protection for the environment because it is considered non-tax state revenue (PNBP), which is entirely deposited into the State Treasury, thus the funds cannot be used as restoration or environmental improvement funds

Study of Law Number 1 of 2023 concerning the Criminal Code (KUHP)

The Criminal Code (KUHP) Law Number 1 of 2023 is a modification of the existing Criminal Code that has been in force since 1918. The reform of the Criminal Code aimed to align with advancements in criminal law in Indonesia and address the evolving legal requirements of society. The amendment to the Criminal Code encompasses several modifications, including the incorporation of novel criminal offenses, such as offenses against the environment, offenses against public assets, and offenses against human rights. Abolition of antiquated penal offenses, such as adultery, abortion, and offenses against moral principles. Revisions to the definition of criminal offenses, such as modifications to the definition of theft, embezzlement, and domestic violence, The amendment to the Criminal Code has both favorable and unfavorable consequences. Overall, many consider the amendment of the Criminal Code a favorable measure that aligns with advancements in criminal law in Indonesia and addresses the increasing legal requirements of society. This change is also deemed capable of offering enhanced legal safeguards for the community while simultaneously achieving justice and legal clarity.

Implementasi Dan Contoh Kasus Implementasi Hukum Pidana Di Indonesia

Criminal law enforcement is an effort designed rationally to overcome crime by paying attention to the principles of justice and effectiveness. In its implementation, criminal law enforcement can also involve various aspects, such as drafting criminal legislation that is responsive to social and situational developments. This research aims to determine the value of implementation of criminal law in Indonesia. The method used is a normative legal research method carried out using analytical descriptive and normative juridical approaches. The implementation of criminal law in Indonesia involves a series of complex processes, starting from law enforcement to implementing sanctions. In this way, the implementation of criminal law in Indonesia involves a number of stages and aspects that reflect the state's efforts to create a legal system that is fair, transparent and in accordance with the values of justice and human rights.

THE LEGAL PROTECTION FOR VICTIMS OF CRIMINAL ACTS IN BINOMO TRADING FRAUD

The objective of this study is to analyze the recovery of assets and the protection of victims in cases of Binomo trading fraud under Indonesian criminal law. The research methodology employed is normative legal research, utilizing a literature-based approach. The findings of this study reveal that the decision made by the Panel of Judges in case number 1240: Pid.Sus/2022/PN.Tng was deemed unjust for the victims, leading to an appeal hearing resulting in decision number 117/Pid.Sus/2022/PT.BTN. According to this court decision, the confiscated evidence in the Indra Kenz case was to be returned to the victims through the United Indonesian Traders Association. However, the process of returning the evidence encountered complications due to internal conflicts among the victim association members. As a result, there is currently no clarity regarding the completion of the restitution of the victims' losses. The government, through the LPSK, regulates the restitution of victims' losses as stipulated in Perma Number 1 of 2022. Nevertheless, the LPSK is not involved in the process of returning the victims' losses, which is instead handled by the United Indonesian Traders Association.

Illegal Electronic Investments in Trade Robot Missions According to the Criminal Law in Indonesia

Various financial technology companies are currently using standard agreements. With the rise of standard agreements, business actors began to include exoneration clauses to release all forms of responsibility for losses suffered by consumers. One of the companies that has included the exoneration clause is Koinworks in Article 5 of the Koinworks Terms & Conditions. Based on this statement, the authors conducted this research using two problem formulations, namely what are the legal consequences of applying the exoneration clause in standard agreements made by financial technology business actors when viewed from Article 1320 of the Civil Code? And how about preventive legal protection against leakage of consumer data by the negligence of financial technology companies? To be able to answer the formulation of the problem, the authors use normative juridical research methods with a statutory approach. The results of the study show that the legal consequences of applying the exoneration clause in standard agreements made by Financial Technology business actors when viewed from Article 1320 of the Civil Code, it can be concluded that the exoneration clause can be null and void by law. Then, preventive legal protection needs to be carried out by optimizing supervision by the Financial Services Authority, such as taking action against companies that have violated statutory provisions before the occurrence of disputes or problems.
 Keywords: Legal Protection; Data Leakage; Financial Technology Companies.

Chemical Castration in Indonesian Criminal Law: Human Rights Perspective

This study delves into the controversial practice of chemical castration for sexual offenders against children within Indonesian criminal law, examining it through a human rights lens. Adopting a normative legal method, the research incorporates legislative and conceptual analysis with data sourced from primary and secondary legal materials. The study reveals a stark incongruity between chemical castration and rehabilitation goals of the penal system, highlighting its inhumane nature and violation of human dignity. Furthermore, the research discusses the additional sanction of electronic detection devices, scrutinizing its infringement on privacy rights and inconsistency with the International Covenant on Civil and Political Rights (ICCPR). This study underscores the critical need for a penal system that respects human rights while addressing sexual violence against children, calling for a shift from punitive to rehabilitative approaches.Highlights: Chemical castration in Indonesia's penal system conflicts with rehabilitation goals and human rights principles, being inhumane and degrading. The additional use of electronic detection devices infringes on perpetrators' privacy rights and contradicts international human rights conventions. The study advocates for a penal system that balances the need for justice in cases of sexual violence against children with respect for human rights and dignity. Keywords: Human Rights, Chemical Castration, Indonesian Law, Sexual Violence, Penal System

Design of Pre-Trial Institution with the Concept of Preliminary Examining Judge in the Reform of Indonesian Criminal Procedure Law

Design of Pre-Trial Institution with the Concept of Preliminary Examining Judge in the Reform of Indonesian Criminal Procedure Law

Ratio Decidendi Criminal Imposition Refund of State Losses for Corruption Crimes (Research Study at the High Prosecutor's Office of the Riau Islands)

Corruption is a form of economic crime that causes losses to state finances and places these losses as a material element that must be proven at trial. In criminal acts that are classified as material offenses, the loss of material elements in the act committed is the reason for the abolition of criminal liability. However, on a practical level, perpetrators of criminal acts of corruption who have recovered state financial losses are still burdened with criminal responsibility based on Decision Number: 15/Pid.Sus-TPK/2022/PN.TPG. Departing from this background, this article aims to find out: what is the existence of the crime of returning state financial losses, what is the chronology of the a quo decision, and what is the ratio of decisions of the panel of judges in deciding the a quo case. This paper is a form of normative legal research that uses three types of approaches in conducting analysis. The approaches in question are: statutory approach, conceptual approach, and case approach. The results of the analysis of the three formulations raised in this paper are as follows: First, the crime of returning state financial losses is placed as an additional crime in the Indonesian criminal law instrumentarium. Second, those convicted of criminal acts of corruption based on Decision Number: 15/Pid.Sus-TPK/2022/PN.TPG legally without any doubt have violated the provisions contained in Article 2 paragraph (1) of the Law on the Eradication of Corruption Crimes. Third, based on the examination at trial, the prosecutor's indictment, and the deliberations of the panel of judges, the perpetrators of criminal acts of corruption are sentenced to prison, fines, and restitution of state financial losses.

The Implementation of Death Penalty in The Context of Islamic Law and Criminal Law in Indonesia: Challenges and Implication

This research aims to answer how the death penalty is regulated in the context of Islamic law and positive criminal law in Indonesia by parsing the challenges and implications. This type of research is conducted with a normative approach, namely by analysing the problem through an approach to legal principles and referring to legal norms contained in legislation. The results show that the death penalty in Islam triggers controversy, where the cons argue that the death penalty does not originate from the Qur'an and Al-Hadith, but is a derivative of the history of the prophet and the Arabs; they are also concerned about human intervention in its implementation so that it is considered not truly from God. On the other hand, the pro side argues that the death penalty is God's will without human intervention. Moreover, in positive criminal law, the death penalty is used to protect the fabric of life and is considered legitimate even though every individual has the right to life. Thus, the state is considered to protect its citizens from unlawful acts.

Determination of Age of Majority In Liability Juvenile Crime in Indonesian Criminal Law

In juvenile criminal cases, the age limit of children is of great importance, since this obligation to determine whether a suspect belongs to the category of children or not is related to the criminal liability of children. In discussing the extent to which a person can meaningfully be prosecuted as a child, it appears that many laws are inconsistent in their boundaries because they are motivated by the goals of each law. itself. In order to examine the purpose of this study, the purpose of this study is to examine the regulations for determining the age of consent for criminal responsibility of children in the current Indonesian criminal law. This research method uses normative legal research methods, a legal approach, a conceptual approach, a comparative approach and a case approach. The results of this study show that from the minimum age at which children can become important as adults, any legal act of a legal entity can become possible once they reach this legal capacity of adulthood. Aspects of legal protection in determining the age of consent in Indonesian criminal law are related to the criminal liability of children. The measure of a species' ability to assume responsibility can be derived from several factors, ranging from the age to the psychology of the perpetrator. After examining the facts, one can come to the conclusion that the age limit for adulthood, which is pluralism, may lead to ambiguity in determining when a person is declared of adulthood and held responsible for the crimes committed by him becomes

Confiscation Of Assets In Corruption Cases Without Court Decision Through Implementation Of Deponering (Case Set-Aside) (A Study In Legal Philosophy Stream)

The act of confiscation of assets is a solution to eradicate criminal acts of corruption which is used as a sanction against perpetrators of criminal acts of corruption in terms of efforts to return the proceeds of crime. The the study aims to examine legal issues related to the absence of regulations and/or norms regarding confiscation of assets without criminal prosecution which is not clearly regulated in Indonesian law and seeks solutions to the above problems in the process of reforming criminal law in Indonesia. Therefore, the title of the study is " confiscation of assets in corruption cases without court decision through implementation of deponering (case set-aside) (a study in legal philosophy stream)

Contradictions in The Implementation of The Death Crime in Indonesia: Fiqhi Jinayah's Perspective And Legal Renewal Policy National Crime

The death penalty is still a debate in society, not only in Indonesian society but also in several other countries. The pros and cons of implementing the death penalty are due to human rights issues that cannot be taken away by anyone, including the state. The death penalty in Indonesia is still applied, as stated in several statutory provisions, including Article 10 of the Criminal Code, which is still in force, the Law on Narcotics, the Law regarding the Eradication of Corruption Crimes, the Law on Terrorism Crimes, and several other regulatory provisions. The use of the death penalty as the main sanction in criminal law in Indonesia has given rise to legal polemics. This is because the Dutch WvS (Wet Book Van Strafrech), which was implemented in Indonesia in January 1918, was then inherited as the source of the Criminal Code that is currently in force. The contradictions in the application of the death penalty will be viewed from two perspectives, namely the perspective of Islamic criminal law (jinayah) and the reform of Indonesian criminal law. The purpose of the death penalty in Islamic criminal law is to protect religion, soul, mind, lineage, and property. In line with this, in the reform of the Indonesian criminal law, better known as the national criminal law, the death penalty is still one of several punishments applied to perpetrators of crimes.

Basic Considerations of Judges in Imposing Criminal Code Article 81 Paragraph 2 of the Child Protection Law Against Children Who Have Sexual Intercourse on the Basis of Consent

In this study, the author raises the issue of the basis of the judge's consideration in imposing punishment on children who commit Copulation on the basis of mutual consent. This is motivated because it is not clearly regulated in the Child Protection Law regarding the crime of sexual intercourse committed by a child if the sexual intercourse is carried out on the basis of mutual consent without any element of violence or persuasion from the perpetrator to the victim, causing a vacuum of norms. The formulation of this problem is How is the evidentiary arrangement of the case of sexual intercourse committed by a child on the basis of mutual consent in Indonesia and What is the basis for the judge's consideration in imposing a criminal decision based on Article 81 paragraph (2) of the Child Protection Law against children who have sexual intercourse on the basis of mutual consent. The objectives in this study are (1) To know and analyze the criminal proof of sexual intercourse committed by children on the basis of mutual consent in Indonesian criminal law enforcement. (2) To know and analyze the basis of the judge's consideration in handing down a verdict against minors who have consensual sexual intercourse. To analyze this problem, the theories that will be used as guidelines for analysis are the theory of evidence, the theory of justice, expediency and legal certainty. This type of research uses normative legal methods consisting of a statutory approach (statue approach), conceptual approach (conceptual approach) and case study approach (case law). The results of this study, the author concludes that the Child Protection Law does not recognize the term consensual because the position in child sexual intercourse against children who are consensual, children are seen in the position of victims. Although in the proof the act is done consensually or child fornication. The criminal regulation is regulated in Article 81 of Law Number 35 of 2014 concerning Child Protection

TINDAK PIDANA DAN BENTUK PERLINDUNGAN TERHADAP ANAK

Law enforcement against the crimes of sexual abuse and rape is fudamental in a state of law. The handling of sexual crimes against children in the Indonesian criminal law system is regulated in the Criminal Code and other provisions that specifically regulate sexual violence against children. The case of sexual abuse of 6 students committed by the head of an Islamic boarding school (ponpes) in Gunung Kencana sub-district, Lembak, Banten, is suspected of having molested and raped a number of students. In this study the author wants to examine what criminal offenses ensnare the perpetrators of the crime of sexual abuse and the forms of protection provided to child victims of criminal acts. The research used is nomative juridical research, namely through case studies through news and then linked to theories and existing laws and regulations. Criminal actions that can be imposed on MS perpetrators are Article 76D in conjunction with 81 and 76E in conjunction with 82 of the Child Protection Law with a minimum imprisonment of 5 years and a maximum of 15 years and plus one third and the form of protection provided to child victims of sexual violence crimes, namely assistance at every level of court, psychological assistance and education.

Perjudian Dalam Sudut Pandang Hukum Perdata

A person certainly has bad traits, one of the bad traits is that in the case of gambling, psychologically he is more afraid of the reality that will be faced when dealing with the police than of the punishment that will be imposed by the judge if he is caught in the act. Gambling according to Islamic law does not receive heavy sanctions such as intentional murder or adultery. Although gambling is still a sin for the perpetrators. The aim of this research is to compare the criminal provisions for gambling perpetrators in terms of positive Indonesian criminal law with Islamic criminal law. This research method is normative legal research, namely conducting a study of literature related to the research object. The criminal provisions for gambling players viewed from the positive criminal law aspect are that the criminal threat for online gambling players is heavier when compared to conventional gambling players. The criminal provisions for gambling perpetrators viewed from the aspect of Islamic law are that there are great sins and several benefits for humans, but the sins are greater than the benefits. At this time, everyone has the potential to gamble online. Thus, a special approach is needed from a religious perspective to prevent these unlawful acts

URGENSI RECHTERLIJK PARDON DALAM PEMBAHARUAN HUKUM PIDANA DI INDONESIA

This research discusses changes in Indonesian criminal law regarding legal forgiveness, as one type of decision in criminal cases. The journal aims to understand the urgency and purpose of studying the values of Pancasila that underlie the regulations and implementation of legal forgiveness. The research uses a normative juridical approach with a legislative and conceptual approach. The journal finds that judicial forgiveness is a manifestation of Pancasila values in the process of enforcing criminal law and is part of an effort to Indonesianize those regulations. Criminal law, which has hitherto been based on principles of colonial states.

Development of the Principle of Legality in Indonesian Criminal Law

Legality is the oldest principle of criminal law and is found in almost all national criminal laws worldwide. The existence of this principle is to protect citizens from the arbitrariness of the authorities. The principle of legality in criminal law has a central role in ensuring legal certainty for society because this principle requires the existence of written regulations regarding a criminal act to carry out a punishment. The aim is to understand the principles of legality according to criminal law in Indonesia. The research used normative juridical methods with data collection methods through a literature study. The principle of legality in Indonesian criminal law is a fundamental principle. The principle of legality in criminal law is essential to determine whether or not a criminal law regulation can treat a criminal act that has occurred. Applying the principle of good legality in national criminal law is not rigid, mainly to tackle crimes against human rights.