Punishment Research Articles

Legal Review in Indonesia Positive Law Concerning Marijuana Use for Medical Purposes

The legalization of marijuana varies across countries, with some prohibiting its use while others are starting to legalize it for medical purposes. Despite its potential therapeutic benefits, marijuana use is often stigmatized due to concerns about addiction. In Indonesia, marijuana is classified as a Class I narcotic, prohibiting its use for medicinal purposes under Law Number 35 of 2009, which restricts access to medical marijuana and raises human rights issues for individuals seeking necessary treatments. This study aims to analyze the potential benefits of legalizing medical marijuana in Indonesia and propose regulatory changes that align with the evolving needs of society and human rights principles. The research method used is a normative legal research method, involving the analysis of legal documents, literature reviews, and interviews with experts in law and health to evaluate the impact of regulatory changes on medical marijuana use. The findings suggest that appropriate legal reforms can reduce stigma, ensure access to treatment, and uphold the right to health without the threat of criminal penalties. Therefore, revising narcotic laws to allow the use of marijuana for medical purposes with proper regulations is crucial to provide those in need of treatment the opportunity to access marijuana legally without fear of criminal punishment, and to help reduce the stigma associated with its use.

The essence and objectives of criminal punishment. An outline of the position of the Polish jurisprudence (1919–1989)

Przedmiotem artykułu są koncepcje polskich przedstawicieli nauki prawa w zakresie teorii kary, które powstały w okresie Polski międzywojennej (1919–1939) oraz Polski Ludowej (1945–1989). Przedstawiono w nim koncepcje polskich uczonych oraz wnioski płynące z ich rozważań nad istotą kary kryminalnej i jej celami. Wskazano, które koncepcje teoretyczne znalazły swój wyraz w przepisach kodeksów karnych z 1932 i 1969 r. Na koniec oceniono stan badań nad teoriami kary w Polsce XX wieku i ukazano dalsze perspektywy badawcze.

Inisiasi Pembekalan Beladiri Praktis Sebagai Sarana Non-Penal Terhadap Ancaman Kekerasan Seksual di Lingkungan Kampus

The threat of sexual violence in Indonesia, which is getting worse day by day, has become an urgency for all levels of society in Indonesia. Inappropriate legal interpretations in society often raise big question marks about the protection of victims of sexual violence. Therefore, how is forced defense (noodwear) implemented as a reason for abolition of criminal penalties in Indonesia? At the same time, how is Article 49 paragraph (1) of the Criminal Code applied to crimes of morality? To solve this problem, it is not only the government that must intervene. However, people must also have self-defense, for example through practical self-defense movements that can protect themselves, but do not kill the perpetrator so that the victim does not go too far in defending himself. How to implement practical self-defense movements in an effort to protect victims of sexual violence? This is the problem we will examine to provide a solution. In this way, it is hoped that this effort will be able to produce an in-depth study regarding the protection of victims of sexual violence and how to apply practical self-defense to protect themselves when victims experience an act of sexual violence.

Illegal waste dumping in the Slovak Republic

The paper aims to outline the legal aspects of illegal waste dumping in the Slovak Republic. It presents some factual information on the issue and the legal regulations governing waste management, landfill operations, and illegal waste disposal. The analysis includes suggestions for improving legal regulations, specifically focusing on identifying those responsible for illegal waste disposal and determining who is obligated to remove the waste legally. It also discusses the administrative and criminal penalties for illegal waste dumping.

REVISITING THE THEORIES OF PUNISHMENT: PERSPECTIVE ON SANCTIONS AND INDIAN PHILOSOPHICAL FRAMEWORK

The intersection of criminal sanctions and Indian philosophical frameworks reveals how ancient legal concepts have evolved to meet modern justice needs. India's criminal justice system has long been shaped by its philosophical and religious traditions, particularly the ideas of Dharma and Danda. This analysis traces the evolution of criminal sanctions from ancient punitive systems to modern legal standards, showing how India has balanced its legal heritage with contemporary justice principles. The exploration highlights the dynamic relationship between tradition and innovation in shaping India's current legal system.

Examining Civil Law Remedies for Consumers Affected by Counterfeit Branded Goods in E-commerce Transactions

This research aims to find out and explain the forms of legal protection for consumers and dispute resolution efforts related to the sale of counterfeit branded goods through online transactions in Indonesia. The research uses normative methods by reviewing library materials and secondary data and using legal material analysis techniques using a statutory approach. The research results show that consumer protection regarding the sale of counterfeit branded goods through online transactions in Indonesia refers to several statutory regulations, namely: Law Number 11 of 2008 concerning Information and Electronic Transactions, a form of protection for consumers, namely the requirement for business actors to provide correct and clear information regarding goods/services being bought and sold as well as guaranteeing the responsibility of business actors for losses and all legal consequences resulting from violations of obligations in electronic transactions. Based on Law Number 8 of 1999 concerning Consumer Protection, the form of legal protection for consumers is that in 2001 the Government established the National Consumer Protection Agency which then formed the Consumer Dispute Resolution Agency at the regional level. Based on Law Number 20 of 2016 concerning Brands and Geographical Indications, a form of consumer protection is the threat of criminal penalties for business actors who counterfeit brands or buy and sell products resulting from criminal acts. Consumer dispute resolution can be reached through 3 routes, namely peaceful resolution by the parties to the dispute without involving the court or a neutral third party, and settlement through the court. and Out-of-court settlement through BPSK.

Judicial Mafia and ecological in-justice: Obstacles to policy enforcement in Indonesian forest management and protection

Indonesia is among the eight nations with the greatest forests area in the world. One of the most powerful tools fighting global climate change is forest conservation. Appropriate, prudent, and practical regulations and policies are needed for the protection and preservation of forests. Therefore, Ecological justice-based environmental management is a concern for all nations in the world. To achieve this, regulations and policies must take into account the needs of both people and other forest ecosystem components. This article covers a range of Indonesian laws and policies of crimes related to forest destruction. It identifies three key challenges in achieving ecological justice. The first is the government's intervention and judicial mafia's involvement. The second is ineffective criminal penalties. Punishment for environmental destruction should employ an ecological perspective and a criminal system that promotes corrective justice, restorative justice, and rehabilitative justice. The final challenge is the dominance of political power and government intervention. Political interests influence the bureaucracy's changing tasks and responsibilities and cause the conflict of power.

Emissions, the Strategic Omission: Climate Security and Australia’s National Intelligence Community

The Australian Government has identified climate change as being a threat to national security. With the emerging prospect that a climate security policy will be established, the question arises as to how the extraordinary powers of Australia’s security agencies could be effectively, but proportionately, utilized. Currently, discourse remains restricted to the tactical capacity of the Department of Defence or intelligence agencies’ assessment functions. Conversely, this article outlines strategic opportunities for Australia’s National Intelligence Community to enhance substantially the Commonwealth’s climate security response. Specifically, the Australian Geospatial-Intelligence Organisation (AGO), the Australian Federal Police (AFP), and the Australian Criminal Intelligence Commission (ACIC) are found well placed to support the monitoring of breaches to specific components of Australia’s federal climate change legislation. Hence, it is recommended that the collection and provision of greenhouse gas emissions data be prioritized within AGO, and, regarding the AFP and ACIC, that Subsection 22XF(1) of the National Greenhouse and Energy Reporting Act 2007 be amended to include a criminal penalty to form a hybrid criminal/civil regime.

Имущественные права и материальная ответственность лиц, содержащихся под стражей, и осужденных, отбывающих уголовные наказания

В статье рассматриваются имущественные права и материальная ответственность лиц, содержащихся под стражей, и осужденных, отбывающих наказание в виде лишения свободы. В местах изоляции от общества гражданин не лишается права собственности на принадлежащее ему имущество, но ограничивается в полномочиях собственника. Так, утрачивается возможность физического господства и извлечения полезных свойств над определенной категорией вещей. При поступлении в исправительное учреждение и следственный изолятор уголовно-исполнительной системы вещи, принадлежащие гражданам Российской Федерации и иностранным гражданам, передаются на хранение в соответствии с правилами внутреннего распорядка. В связи с этим на данный вид правоотношений распространяются положения Гражданского кодекса Российской Федерации (далее – ГК РФ), регламентирующих хранение вещей в силу закона. Анализируются основные проблемы хранения вещей, принадлежащих осужденным, а также актуализируется хранение депозитных и кредитных банковских карт в сейфе кассы исправительных учреждений и следственных изоляторов уголовно-исполнительной системы. Вносятся предложения по совершенствованию уголовно-исполнительного законодательства, связанного с их хранением. Обосновывается необходимость привлечения вышеуказанных специальных субъектов к материальной ответственности вследствие причинения материального вреда имуществу учреждений уголовно-исполнительной системы в результате их неправомерных действий.

Семья и интересы детей как объекты уголовно-правовой охраны

The relevance of the issues presented in the article is related to the practical implementation of the national policy in the field of security and education of the younger generation. On the basis of the integration of legal and pedagogical sciences, the main provisions of criminal legislation related to the protection of the rights and interests of the family and children are revealed as part of a comprehensive strategy of the state in the field of preserving family values, ensuring a prosperous childhood, and education in the spirit of respect for the law. The authors consider the basic prohibitions on committing crimes against the family and minors provided for by the Criminal Code of the Russian Federation of 1996. The article provides up-to-date official statistical indicators related to the level of crime both against minors and crimes committed by minors themselves. The features and procedure for observing the rights of adolescents in bringing them to criminal responsibility, assigning them various types of criminal punishment, as well as the application of educational measures for the purpose of preventive influence on them are analyzed. The article also reflects other provisions of the criminal law concerning the consideration of the interests of children when sentencing their parents, ensuring the interests of other family members (close relatives) of persons who have committed crimes. On the basis of the analysis, it is concluded that the criminal law really guards the interests of the family and minors, providing sufficiently broad opportunities to ensure their rights. In order to prevent the commission of crimes, special attention is paid to the need for the harmonious upbringing of children, the formation of positive personal and value orientations in society, and the improvement of interpersonal relations, especially family relations.

The concept and legal nature of the institution of exemption from punishment and its service

The article reveals the concept and legal nature of the institution of exemption from punishment and its serving since this institution is closely related to both the purpose of punishment and the tasks of criminal responsibility in general. In this regard, exemption from serving a sentence requires a more detailed study. Domestic criminal law policy is focused on creating and ensuring the effective functioning of the system of measures of legal influence on illegal human behavior. The main criminal-legal consequence in these relations is criminal responsibility, and the most common form of its implementation remains punishment. According to the principle of inevitability of criminal responsibility and punishment, a person who has committed a criminal offense must be held criminally responsible, which, as a general rule, is implemented by imposing a punishment of a certain type and size. The imposition of punishment for a committed criminal offense is a legal consequence of finding a person guilty of a committed criminal offense. At the same time, in accordance with other principles of criminal law – humanity and economy of criminal repression measures – if there are conditions and grounds provided for in the Criminal Code of Ukraine, a person can be released from criminal liability or from punishment and its serving. Despite the fact that these institutions are applied in the presence of certain positive post-criminal behavior of the subject of a criminal offense and are a manifestation of compromise on the part of the state, they also have differences that are not clearly defined by the legislator, so this issue requires additional research and legal argumentation. The concept of exemption from criminal responsibility cannot be equated with exemption from responsibility in connection with the absence of a criminal element in the person’s actions or in the presence of circumstances that exclude the criminality of the act. The law provides for the possibility or obligation to release from criminal responsibility a person whose actions contain a certain element of the crime. The absence of a criminal element in a person’s actions excludes the possibility of release, because one cannot be released from criminal responsibility who did not commit the crime.

Application of NCB Asset Confiscation in Handling Corruption Crimes in Indonesia

Applying NCB (non-convection based not on treasury), commonly called asset confiscation punishment without punishment, is an innovative solution for appropriating corruption when a person cannot cope with criminal, civil and administrative penalties. The problem that exists all ready for change, of course, requires regulation in this regard. It is very important to look at these regulations and how a convection-based asset recovery policy is a government loss recovery policy related to state loss crimes such as corruption, money laundering, etc. Therefore, the subjects considered in this study are how NCB Asset Forfeiture is applied in dealing with criminal acts of corruption in Indonesia. This research method seeks normative law by examining secondary and qualitative data. It is from this that the first conclusion can be drawn: the urgency of implementing the NCB policy (Non-Convection based on not Forteiture) in Indonesia, namely the existence of obesity problems from state losses with massive corruption crimes that have occurred and efforts to harmonise and legitimise the NCB Draft Asset confiscation bill to overcome state losses. Second, the legal response in applying the concept of NCB (Non-Convection Based Forfeiture), namely cooperation with other countries in exploiting evil assets.

Ефективність заходів щодо запобігання дорожньо-транспортним пригодам: огляд сучасних стратегій та підходів

This article investigates the problem of road traffic accidents (RTA) and reviews current strategies and approaches to prevent and reduce them. The significance of this problem is that the health of road users and the safety of vehicle traffic on roads is one of the most important global societal issues, especially with the continuous growth in the number of vehicles and the pace of urban activity. The article examines various aspects of road traffic accident prevention, including legal, technical, psychological and educational measures. It analyzes current trends in the development and implementation of road safety programs, as well as successful practices to reduce the number of accidents and injuries on the roads. Based on a study of the effectiveness of various strategies and programs aimed at reducing the number of accidents and casualties in traffic accidents, the article provides information on which measures are most effective and how they can be implemented in different contexts. In addition, it emphasizes the importance of cooperation between the authorities, public organizations and citizens in implementing road safety. The article also discusses in detail the importance of preventive measures, which may include educational campaigns and awareness-raising activities on vehicle safety on the roads. It also analyzes the legal norms and penalties for violations of traffic rules and the possibility of studying and using the experience of other countries, in particular Poland, in ensuring the safety of vehicles on the roads. The concluding part of the article discusses the prospects for the future development of road safety systems and the challenges that may arise in the future. The findings of this study can be useful for policy makers, researchers, and road safety professionals to improve road safety and reduce the number of road traffic accidents.

Система та умови призначення кримінальних покарань для неповнолітніх

In the modern law enforcement process, special attention is paid to the criminal liability of minors. This is due to the need to ensure their rights and interests, as well as to promote their correction and social rehabilitation. This research article examines the system of criminal sentencing for minors. The author analyzes the legislation, practice and principles that determine the conditions of criminal punishment for this category of persons. The article covers in detail the responsibility of minors before the law, mechanisms for determining the age of criminal responsibility, as well as the peculiarities of sentences and punishments for minors in comparison with adults. Approaches to rehabilitation and social reintegration of minors aimed at preventing recidivism are also discussed. This article aims to provide an in-depth understanding of the juvenile criminal penalty system and the conditions for imposing it in order to improve the fairness and efficiency of the administration of justice. The imposition of criminal sanctions on juveniles is a complex and responsible process that reflects the specifics of juvenile justice in different countries. Most countries try to give preference to educational measures over criminal sanctions for juveniles. This may include alternative education programs, rehabilitation measures aimed at social reintegration, and other methods of diversion that focus on education. In some juvenile justice systems, there are No. rehabilitative punishments (e.g., prisons). Some of the main problems that may arise in the process of imposing criminal sanctions on juveniles include the lack of availability of alternative rehabilitation programs, unequal treatment of juveniles depending on their social and economic situation, and insufficient attention to the psychological and social needs of the child.

Dreaming of an abolitionist drama therapy

Despite long standing activist and academic calls for prison and police abolition and the need to consider how carceral logics are embedded in mental health practices, no known drama therapy scholarship currently focuses on these topics. We explain the problems with using policing, prisons, and punitive responses to systemic problems, articulating the ways in which these practices are deeply rooted in settler colonialism, anti-Black racism, ableism, capitalism, cis-heteronormativity, and other systems of oppression. We then offer an introduction to carceral logics and abolition, situating our work as not only about the absence of these punitive systems and ways of thinking, but also about imagining and building another kind of world. Approaches to behavioral escalation and suicidality are articulated as examples of sites of practice where drama therapists are often complicit in harmful practices and offer anti-carceral alternatives as harm reduction methods. We conclude with a call to action to drama therapists to engage in abolitionist practices in their work and to be part of the larger visioning process for a more just world.

Towards a GDPR Compliance Assessment Toolkit

The European Union's (EU) General Data Protection Regulation (GDPR) makes it illegal to collect, process, and store personal data unless it is done in accordance with the prescribed legal and regulatory clauses enshrined in the Act. Organisations face significant challenges in navigating GDPR requirements and assessing their level of compliance. In particular, failure to comply with GDPR may potentially expose the data Controller and Processor to steep legal penalties including possibly administrative fines of up to 20 000 000 EUR, or in the case of an undertaking, up to 4% of the total worldwide annual turnover of the preceding financial year, which is imposed by the Supervisory Authority. This paper presents the results of a minimum viable product, the GDPR Compliance Assessment Toolkit (GCAT). The main objective of the GCAT is to assist organisations to assess their current state of compliance to GDPR. Drawing from an experimental research and development approach, GCAT is then compared with other existing GDPR compliance assessment technologies. Comparative analysis results shows that GCAT simplifies and optimize GDPR compliance assessments.

Incarceration Trends in Italy Between Rising ‘Punitiveness’ and ‘Penal Moderation’

AbstractThe article analyses Italian incarceration trends and the impact of prison population increases on the criminal punishment system as a whole. “Correlating prison and community justice trends: an outline of net-widening” presents the interpretative framework and illustrates four events in recent Italian history that can be considered ‘breaking points’ if compared to the ordinary prison expansionism observed since the 1990s. Moreover, in comparing prison population and alternatives to imprisonment trends, it describes how the considerable expansion of community justice measures in the last ten years can contribute to shaping a net-widening scenario. “Imprisonment trends in Italy: restraint after the boom?” analyses the specificities of the Italian prison system compared to those of other European countries: overcrowding, pre-trial detention rates, migrants’ penal control, and short-term sentences. In the conclusions, we consider the extent to which the recent evolution of prison trends and some Italian specificities can be read in terms of increasing ‘punitiveness’ or, conversely, ‘penal moderation’.

Prinsip Keadilan Terhadap Pengecualian Bagi Pelaku Tindak Pidana Yang Diancam Pidana Di Bawah 5 Tahun

The existence of limitations on criminal penalties of more than 5 years and incapacity in Article 56 paragraph (1) of the Criminal Procedure Code means that those who commit crimes with a penalty of less than 5 years are no longer required to be provided with legal advice. The objectives of this research are limiting the defense of assistance to perpetrators of criminal acts under 5 years in accordance with the criminal justice system, providing assistance to perpetrators who are under 5 years under the principle of justice, reformulating the provision of legal assistance for perpetrators under 5 years. in the future. This research uses doctrinal legal research methods. The method used is to study and analyze legal materials and legal issues related to legal developments and problems. Legal aid is everyone's human right, which is not only provided by the state and not as a mercy from the state, but is the state's responsibility in realizing equality before the law, access to justice, and fair trials. The provision of legal assistance only looks at the criteria that the person is an incapacitated person who has met the requirements. limitations or limitations but it is an obligation for the state which must provide legal assistance to all Indonesian people without exception.

Comparative Legal Analysis of The Death Penalty Provisions In Indonesia: The State Of Pancasila Law's Perspective (Case Study of Law Numbers 1 Of 1946 And Law Number 1 of 2023 Concerning The Criminal Code)

The death penalty is one tool used by law enforcement to deal with significant crimes. Its purpose is to deter criminals from committing similar crimes in the future and to make those who have not engaged them feel fearful of doing so. Following the reforms, the Republic of Indonesia's legal politics evolved into one that supports democracy. The surface issues concern how the death sentence laws are seen from the standpoint of the Pancasila legal state. This study aims to compare regulatory policies regarding the death penalty from the perspective of Pancasila's legal system. Normative juridical research is the analytical tool employed to explore this issue. The findings of this study, specifically the death penalty clauses included in Law Number 1 of 1946 and Law Number 1 of 2023 governing the Criminal Code, contain many different things that were initially the basic criminal death penalty, which were changed to special criminal penalties. There are also several relationships and comparisons between certain crimes because the principle of legality is still in effect. In the Indonesian context, the view of life is Pancasila, a joint agreement or consensus between the majority of the Indonesian nation.

Implementation of Legal Protection (Study of Decision Number: 5/Pid.Sus/2024/PN.Kng) for Children Who Are Sexually Abused

The goal of this research is to outline the criminal penalties for those who engage in sexual activity with minors in terms of victim protection. The normative approach method is used in this investigation. Secondary data is used. Documents and literature are examined to implement data collection procedures. In the meantime, the analysis is descriptive and employs qualitative analysis. The study's findings indicated that the criminal penalties meted out to those who engage in sexual activity with minors do not fairly compensate for the victims' protection.