Law Policy Research Articles

An ecological study on MPOWER and smoking prevalence rate by Tobacco control law

Objectives: The Framework Convention on Tobacco Control (FCTC) is the first international convention in the public health field. This study examines whether countries have maximized the effectiveness of tobacco regulation by appropriately utilizing measures to reduce tobacco consumption and smoking rates. It studies the effectiveness of Tobacco control law policies in various countries. Methods: Using ecological and descriptive correlation, this study attempted to verify the correlation between the Tobacco control law, the measures that help countries reduce the demand for tobacco (MPOWER) and the smoking rate. Results: It was found that the Tobacco control law was related to lower smoking rates and higher levels of implementation of the MPOWER policy. The results showed that the performance of related MPOWER policies increased according to the category of the Tobacco control law. Conclusion: FCTC measures to reduce tobacco use are effective. Enacting and strengthening comprehensive Tobacco control laws is necessary for implementing more effective tobacco control policies.

TUJUAN PEMIDANAAN DALAM KEBIJAKAN PADA PEMBAHARUAN HUKUM PIDANA INDONESIA

The problem in this research is regarding the policy formulation of the goals and guidelines for punishment in Indonesia as well as the objectives and guidelines for punishment in the context of reforming Indonesian criminal law in the future. The method in this study uses a normative juridical research type that is focused on examining the rules or norms in positive law. The policy on the formulation of the purpose of punishment needs to be studied to see what the goals and achievements are to be expected from a reform process in criminal law in this case related to the reorientation of the purpose of punishment. Knowing the aims and achievements of the purpose of sentencing will show the state's paradigm for the protection and guarantee of justice and the protection of human rights for its citizens as stated in its preamble. However, the purpose of punishment in the RKUHP needs to be reviewed to see how far the basis for the purpose of punishment and the forms of sanctions have been determined, because the determination of sanctions in the legislation is very important and strategic to achieve the objectives of the criminal law policy (penal policy).

The concept of transitional criminal law policy: an invitation to discussion

Purpose. The purpose of the work is to analyze the need to develop the concept of the criminal law policy of the transitional period (until the adoption of the permanent concept), to determine its possible structure and content. Methodology. The methodology includes a comprehensive analysis and generalization of the available scientific and theoretical material and the formulation of relevant conclusions and recommendations. During the research, the following methods of scientific knowledge were used: logical-semantic (to define and deepen the conceptual apparatus "concept"), comparative-legal, and the method of analysis (when analyzing the opinions of Ukrainian and foreign scientists). Results: In the process of research, it was recognized that the concept of criminal law policy should determine the strategy of combating crime by means of criminal law. For the time being, until the Concept of criminal law policy is adopted, which should be based on the Concept of policy in the field of fighting crime, it is worth adopting the Concept of criminal law policy of the transitional period. Another aspect that can be the subject of discussion is the definition of a permanent concept of criminal law policy by the so-called "Constitution" of the Criminal Code, that is, to foresee the possibility of changes to it only in case of compliance with the Concept. Otherwise, changes must first be made to the Concept, and then to the Criminal Code. Originality. In the process of the research, it was established that the concept of the criminal law policy of the transitional period should ensure the stability of legislation in the field of fighting crime, as well as create prerequisites for the adoption of the main concept. A draft of such a Concept is proposed. Its structure and content are provided. Practical significance. The results of the research can be used in law-making activities for the development and adoption of the Concept of criminal law policy and thus ensure the legal certainty and stability of the Criminal Code of Ukraine.

From Ink to Indelibility: Tracing The Alchemic Transformation of Contract Law into A Constitutionally Entrenched Framework, forged by The Fire of Strasbourg and Tempered by The Forging Hammer of Luxembourg

The principle of contractual autonomy has been a fundamental concept in contract law for a considerable period of time, safeguarding the liberty of parties to establish agreements based on their own conditions. Nonetheless, it is important to note that the liberty to draught contracts is not without limitations, as provisions that contravene the principles of public policy may be deemed unenforceable. The present study investigates the intricate equilibrium between contractual autonomy and public policy in the domain of contract law, with a particular emphasis on the impact of European human rights law on this equilibrium. This paper conducts an analysis of the factors that courts take into account when determining the boundaries of contractual autonomy and the extent of public policy in contract law, drawing upon constitutional provisions, judicial rulings, and human rights jurisprudence from multiple jurisdictions. This study examines the influence of significant cases from the European Court of Human Rights and the Court of Justice of the European Union on the advancement of contractual autonomy and public policy within the realm of contract law. Additionally, it addresses the difficulties that arise in reconciling these conflicting interests. The article culminates by conducting a comparative evaluation of diverse methodologies for reconciling contractual independence and public policy within the framework of contract law. Additionally, the paper provides suggestions for forthcoming research and policy development in this domain. This paper offers a comprehensive comprehension of the intricate correlation between contractual autonomy and public policy within the realm of contract law, as well as the impact of human rights law on shaping this correlation.

Criminal Legal Policies Toward The Release of Conpriants During The Covid 19 Pandemic in The Ius Constituendum

Criminal law policy on the release of convicts during the Covid 19 pandemic in the ius constititum , namely carrying out criminal law policies through spending for convicts and children through assimilation . As well as release for convicts and children through integration in the form of parole, parole and leave before being free) . This policy is carried out by applying certain conditions so that it does not maximally reduce the number of inmates in correctional institutions to reduce the risk of spreading Covid-19. Whereas the criminal law policy regarding the release of convicts during the Covid 19 pandemic in the ius constituendum, namely in the Corrections Bill, there is the concept of restorative justice as a means of social integration, but the formulation of this concept has not been clearly implemented, so it is necessary to use the concept of restorative justice at the post-adjudication stage as a means to reduce correctional inmates as well as recovery of victims and their original condition. As well as in the RKUHP implicitly there is a concept of conversion of the sanction system but it has not been clearly formulated, so there is a need for the concept of conversion of the sanction system as an alternative in an effort to reduce correctional inmates to prevent prison overcapacity.

The digital commons, cosmolocalism, and open cooperativism: The cases of P2P Lab and Tzoumakers

The digital commons support novel organizational models such as cosmolocalism and open cooperativism that seek to challenge the capitalist mode of production. They set out to establish a counter-hegemony vis-à-vis the current hegemony of neoliberalism. The paper engages in the debate between Marinus Ossewaarde, Wessel Reijers and Vasilis Kostakis over the emancipatory potential of the digital commons by reviewing the P2P Lab and Tzoumakers as illustrative cases of cosmolocalism and open cooperativism. The paper shows that the P2P Lab and Tzoumakers exhibit core features of cosmolocalism and prefigure a sketch of open cooperativism. For the digital commons in general and P2P Lab/Tzoumakers in particular to contribute to the counter-hegemony of open cooperativism, it is necessary to link to a chain of equivalence criss-crossing the commons, ethical market entities and a partner state via cross-sectoral value propositions, inclusive governance, and economic models, innovative law policies and open sustainability standards, all aiming to force capitalism adjust to a commons-oriented post-capitalist transition.

Connecting the "Merdeka Belajar Kampus Merdeka" and Village Law Policies: Possible Contribution of College Students in Indonesia's Coastal Rural Development

Indonesian college students (mahasiswa) have a long tradition of participating in Indonesia’s rural development. Initiated in early 1971 by three national universities, the Kuliah Kerja Nyata program has served rural development by sending mass college students to participate in rural community service agendas. The ministry of education’s recent implementation of ”Merdeka Belajar Kampus Merdeka” policies has expanded students’ opportunities to experience the learning process outside of universities. On the other hand, contemporary rural policies, through the implementation of Village Law 2014, have established village autonomy, thus creating a new space for various actors to participate and collaborate with the village government to conduct development programs. The paper argues that both policies have simultaneously emerged to connect each agenda, which could establish cooperation related to rural development. Here we intend to track and identify what and how students can participate in the rural development agenda by analyzing two different policies specifically in the east coast community of Lampung Province. It is expected that the policy analysis result could decipher various corridors and regulations that could support college students’ involvement in developing rural Indonesia.
 Keywords: rural development, higher education, village autonomy

Formulasi Kebijakan Kriminal Dalam Menjerat Pelaku Pengguna Jasa Prostitusi Online

The phenomenon of online prostitution has become news viaral lately as the arrest of both artists, and ordinary people, but the law has not regulated how to ensnare users of online prostitution, for that it takes a criminal policy oriented in ensnaring all individuals involved in online prostitution. The problem in writing this Journal is (a) Ideal law enforcement as a criminal policy step in ensnaring online prostitution service users in Bandar Lampung City, (b) efforts to sanction criminals to perpetrators of online prostitution service users in criminal law policy? The research uses an empirical juridically and juridically normative approach. The results of the study showed that. Ideal law enforcement in the efforts of criminal policy in ensnaring the perpetrators of online prostitution service users in Bandar Lampung City Although there are no special provisions governing the users of PSK services in the Criminal Code, law enforcement applies the article of adultery if the psk customer already has an official partner (on the basis of marriage), and then the spouse complains about the actions of his partner who uses psk services, then the person using the services of the PSK can be ensnared with the article of Adultery stipulated in Article 284 of the Criminal Code and also Article 60 of the Regulation Bandar Lampung City Area Number: 01 of 2018 concerning Public Peace and Public Order which is a criminal threat of imprisonment of a maximum of 3 (three) months or a maximum fine of Rp 50,000,000.00 (fifty million rupiah) and efforts to sanction criminal sanctions to perpetrators of online prostitution services here researchers see that the Indonesian Government's own policy does not expressly prohibit the practice of prostitution, Because the arrangement regarding the criminal act of online prostitution does not regulate the provisions regarding criminal sanctions for users of commercial sex services, so users of online prostitution services cannot be criminally accounted for, and those who use the services of commercial sex workers can freely without fear of criminal legal sanctions. Law enforcement is weak

Endangerment: foreign experience and realities of martial law in Ukraine

In this article, from the point of view of a comparative analysis, the legal provisions of the criminal legislation of some foreign countries, dedicated to the regulation of criminal liability for endangerment, are considered. The characteristic features of the method of normative display of the features of the crime, the use of different approaches to the differentiation of criminal liability are analyzed. The need for the implementation of certain provisions in the process of implementing the domestic criminal law policy has been defined and substantiated.In particular, Part 3 of Article 135 of the Criminal Code of Ukraine provides for responsibility for "Actions provided for in Parts One or Two of this Article, if they caused the death of a person or other grave consequences." In foreign countries, committing such acts may require other qualifications. In particular, if a person left another person in danger with the intention of encroaching on his life, then in such cases the culprit is punished as for intentional murder. In some countries, there is liability for holding another person from providing assistance or hindering it. There is also differentiation in the age of the injured person, which can lead to the definition of a different list of persons who are obliged or should provide assistance to them. In addition to the specified opportunities for improving the current criminal legislation, the peculiarities of the application of the specified norm under martial law were considered.

Questions of criminological differentiation of the application of punishment in the form of disclaimer

In accordance with the current Criminal Code of the Republic of Kazakhstan, the most severe punishment in the system of measures of state coercion applied to a person found guilty of a crime is imprisonment. There is an opinion in society that the application of punishment to a certain term or life imprisonment is one of the main ways to achieve the goal of punishment. The characteristics of the application of the measure of coercion also have a direct impact on the conditions of serving the sentence and the social environment of the defendant. In most cases, in conditions such as a penitentiary institution or a change in its order, the main factor in committing an intentional serious crime is a violation of the personal qualities of convicts aimed at ill-treatment. Deprivation of liberty has a strong influence on a person, especially on a defendant who has fallen into this type of punishment for the first time, contributes to the restoration of social justice, and the prevention of new crimes. At present, the criminal law policy adheres to the principle of humanism and this regulates the trend towards a decrease in the facts of causing deprivation of liberty by victims of criminal law repression. The author proposes in the article the criminological aspects of serving a sentence of imprisonment, the personality of the offender and the features of his resocialization, as well as ways to improve the penitentiary legislation. Key words: deprivation of liberty, defendant, penitentiary institution, penitentiary system, punishment, criminopenology, principle of humanism.

Populist Reforms in Hungary and Poland: Same Song, Different Melodies

Populism is gaining ground in Central and Eastern Europe (CEE), and Hungary and Poland are the best examples of this trend. The Hungarian Orbán government and conservative Polish coalition led by Kaczyński (PiS), widely considered in the literature as populist, have been in power for some time now, which allows us not only to evaluate their labour law policies, but also the results. Though there are evident similarities between these two countries, such as political motivated layoffs in public employment or significant wage increases, the discrepancies are far more numerous. These differences result from each country’s specific socio-economic conditions and (almost) diametrically opposed political strategies with respect to employment matters. While Viktor Orbán believes in a workfare society, without social allowances and with flexibilized employment protection, in Poland PiS is pushing through a belated welfare revolution with expanded social benefits and employment rights. This article starts by describing populism as it has developed in Hungary and Poland in section 1, and the promises made by Orbán and Kaczyński before coming to power in section 2. Section 3 examines the main pillars of populist labour law policy, such as flexibilization, wages, collective rights, self-employment, social benefits and political motivated layoffs. Finally, we try to explain why and how these seemingly similar populist governments have adopted fundamentally different labour law reforms. labour law reforms, collective rights, flexibilization, Hungary, Poland

Right-Wing Populism and the Deconstruction of Labour Laws in the Americas: Old Wine into New Wineskins

The surprising recent success of populist politics has been framed as a sharp break from the neoliberal world order that followed the collapse of the Soviet Union. This article explores how right-wing populist leaders from Argentina, Brazil, and the United States in the 1990s and 2010s have implemented policies that aimed to liberalize labour market regulations and weaken workers’ protections, despite their ‘common people’ rhetoric. Relying upon the theoretical frameworks of Kurt Weyland as well as Thomás Zicman de Barros and Miguel Lago, this article examines the ‘neoliberalization’ of populism in the 1990s in Argentina and Brazil, which had been traditionally associated with inward-looking and nationalist economic policies. Similarly, it explores the reactionary right-wing populism of Donald Trump and Jair Bolsonaro, which resulted in neoliberal labour policies that followed a conservative tradition. To shed light on how these policies have reshaped labour laws, this article first explores the experiences in Argentina and Brazil during the 1990s, in which neo-populist governments, heavily influenced by the Washington Consensus, reformed labour regulations to deconstruct traditional individual labour laws and to undermine the role of social partners. Second, this article studies the development of reactionary right-wing populism in the Americas in the late 2010s, particularly in Brazil and the United States, with a focus on the adoption of neoliberal policies that aim to deconstruct protective labour regulations. Despite the recent electoral defeats of both Trump and Bolsonaro, the incidence of rightwing populism has not disappeared in the Americas, which became an established major actor in the political arena. The risk seems to be even more concrete in Argentina where the centre-right party, pushed by far-right libertarian candidates, is adamant about implementing a major reform to liberalize labour laws if elected in the next general election in October 2023. The article concludes that even though right-wing populists portrayed themselves as champions of the working class during both earlier periods, they implemented traditional neoliberal labour law policies, which pursued the liberalization of labour market regulations, shunted aside social partners, resulting in the dramatic undermining of workers’ rights. Populism, Neoliberalism, Neopopulism, Argentina, Brazil, United States, Trump, Bolsonaro, Labour Reform, Latin America

Evaluating the Effectiveness of Criminal Law Policies in Reducing Narcotics Abuse in Medan City: A Mixed-Methods Study

Narcotics abuse is a pressing issue with profound implications for public health, social well-being, and community resilience in Medan City. This research investigates the effectiveness of existing criminal law policies in mitigating narcotics abuse, employing a mixed-methods approach that integrates quantitative and qualitative analyses. The quantitative analysis, drawing from law enforcement records and health institutions, reveals a cyclic pattern in drug-related incidents, demonstrating short-term declines following intensified law enforcement actions, which are subsequently followed by resurgences in narcotics-related activities. The adaptability of drug trade networks poses a formidable challenge, emphasizing the need for flexible and evolving law enforcement strategies. Qualitative insights, gathered through interviews with various stakeholders, underscore the significance of socioeconomic factors in perpetuating drug abuse. The limitations in current rehabilitation and support programs, alongside the necessity for improved access and outreach, are apparent. Stakeholders advocate for a balanced and comprehensive approach that integrates preventive education, mental health support, and robust rehabilitation programs. The research carries implications for policy development, public health strategies, and community engagement. Effective policy measures are identified as the cornerstone of efforts to address narcotics abuse, while the need for community resilience and public health support is underlined. Furthermore, the implications extend beyond Medan City, offering valuable lessons for similar regions grappling with drug-related challenges. This research serves as a guidepost for refining existing policies, fostering collaboration, and developing more robust strategies to promote a healthier and more resilient Medan City. The battle against narcotics abuse is an ongoing endeavor, and the insights gained from this study are instrumental in shaping a brighter and more drug-resistant future for the city and its residents.

Gambling in the Perspective of Criminal Law Policy

AbstractGambling is an act that is prohibited in both the Criminal Code and social norms. However, the application of Article 303 and Article 303bis of the Criminal Code and Government Regulations related to controlling gambling only covers gambling crimes that occur within the territory of the Republic of Indonesia. The application of gambling as a crime can lose the nature of an unlawful act if the gambling gets permission from the authorities so that the gambling becomes legal or legal. In practice, there are still customs or cultures that think that gambling is part of the culture and is difficult to eradicate and even spreads to use technology. This study aims to evaluate the enforcement of gambling laws in the perspective of criminal law policy. This research is a doctrinal research using a conceptual approach and a legal approach. This study was conducted by looking at whether the development of law enforcement and the provisions stipulated in the Criminal Code can reach the crime of gambling and increase public awareness efforts related to gambling. The results show that it is necessary to establish an ideal enforcement model based on the principles of legal certainty, justice and avoid the emergence of a gambling perspective legalized in the name of culture.

Indonesia's Criminal Law Policy in Tackling Cyberbullying with a Restorative Justice Approach

The increasing number of complaints from victims of cyberbullying crimes from year to year certainly requires a criminal law policy, both through penal and non-penal efforts, which are not only repressive but also preventive. The Restorative Justice (RJ) approach is one of the possible mechanisms that can be offered in order to combat this type of crime. This study aims to explain how Indonesian criminal law regulates cyberbullying and how Restorative Justice (RJ) approach concept addresses cyberbullying. This research is normative juridical research. The legal materials used were primary legal materials taken from regulations and secondary legal materials refer to relevant writings, books or research. The data is analyzed qualitatively and the writing was organized systematically and descriptively. The results revealed that the regulation on the settlement of cyberbullying includes Article 310 paragraphs (1) and (2) of the Criminal Code, Article 311 of the Criminal Code, Article 315 of the Criminal Code, Article 27 paragraphs (3) and (4) in conjunction with Article 45 paragraph (3) and (4) Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions and Article 29 in conjunction with Article 45B of Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions (ITE Law), in this article cannot be applied if the action is only in the form of a threat. Even so, the concept of restorative justice is regulated in law enforcement agencies as the implementation rules have not accommodated several types of cyberbullying crimes.

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.

Tinjauan Yuridis Terhadap Penetapan Locus Delicti dalam Kejahatan Dunia Maya (Cyber Crime) Berkaitan Dengan Upaya Pembaharuan Hukum Pidana di Indonesia

Some of the majority of research highlights the problem of this mode of cybercrime and the need to reform the National Criminal Law to overcome it. What is also a problem is that crimes in cyberspace require a clear locus delicti or a clear place of occurrence because it is one of the requirements for examination by law enforcement agencies. This study aims to review from a juridical perspective the determination of locus delicti in cybercrimes related to efforts to reform criminal law in Indonesia. This study uses a normative juridical approach with a statutory approach. The results of the study concluded that the Criminal Procedure Code does not exclusively regulate how to mention tempus and locus delicti in the indictment. Therefore, the determination of the locus delicti of cybercrime uses the theory of the place where the crime was committed, the theory where the effect was caused, and the theory of the tools used to commit the crime. The problem of cybercrime is not just how to make criminal law policies related to it, but also how to harmonize policies between countries, because the problem of cybercrime has become an international problem and is no longer just a national crime problem.

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.

International treaties as sources of criminal law policy

The article is devoted to considering the multifaceted approaches to the concept of the source base of criminal law policy, as well as its components, in particular, international treaties. The characteristics of the main approach to understanding the sources of criminal law policy are disclosed, in which the types of sources that are collectively the sources of criminal law policy are listed. It is indicated that the following stand out: the Constitution of Ukraine; Laws of Ukraine (primarily, the Criminal Code of Ukraine and other laws); subordinate legal acts, if they determine the conceptual approaches of the criminal law policy, or specific measures for its implementation; judicial precedent (Decisions of the ECHR regarding Ukraine, as well as decisions that contain the established legal position of the ECHR; Decisions of the Constitutional Court of Ukraine; Resolutions of the Plenum of the Supreme Court of Ukraine when they determine the general principles, directions and limits of application of substantive criminal law and when determining specific directions and limits of application criminal law, which defines responsibility for specific types of criminal acts; legal positions of the Supreme Court); International treaties ratified by Ukraine, which in one way or another affect the national criminal legislation. When characterizing international treaties as sources of criminal law policy, attention is focused on the fact that they can be conditionally divided into three groups: - those that define conceptual approaches to combating crime in general; - those that determine the grounds and limits of criminal liability for the commission of relevant types of crimes and require the issuance of national normative legal acts for their implementation; - those that determine the grounds and limits of criminal liability for the commission of relevant types of crimes and act directly.

Kebijakan Hukum Pidana Dalam Mengatasi dan Mencegah Tindak Pidana Berita Bohong (Hoax)


 Fake news, also known as Hoax, is becoming increasingly popular for us to hear and is also rife in various media. Starting from print media and online media. Fake news is false or untrue information that is fabricated or distorted from real facts. The problems we discuss in this research include: How is the Criminal Law Policy in Overcoming and Preventing Fraud News Crimes According to Current Positive Law and How Criminal Law Policies are in Overcoming and Preventing Fraud News Crimes in the Future. This research is normative research. The rules regarding fake news (Hoax) which are clearly included in the Criminal Code are contained in Article 390, while the rules regarding fake news (Hoax) contained in the law are contained in law no.11 of 2008 and law no. 1 of 1946. Renewal of Law No. 11 of 2008, namely Law No. 19 of 2016. The role of the government and society is contained in Law Number 19 of 2016 and is listed in articles 40 and article 41. Rules regarding Criminal Acts of Fake News (Hoax) in the renewal criminal law is contained in the 2019 Criminal Code Bill in Article 272.
 Keywords: Criminal Law Policy; Hoax; Criminal Law Reform.