Material Criminal Law Research Articles

Juridical Review of Delik Culpa on Traffic Accident Cases

This study aims to determine the application of material criminal law to the crime of traffic negligence that results in the loss of life of another person in decision Number 142/Pid.Sus/2020./PN Jap and to find out the legal considerations by the panel of judges in imposing a penalty in the form of a penalty for the crime of traffic negligence that causes casualties Number 142/Pid.Sus/2020./PN Jap. This research was carried out by collecting data through literature research. In the study, it was found that, in decision number 142/Pid.Sus/2020./PN Jap, the indictment prepared by the Public Prosecutor had met the formal and material requirements. In his demand, the Public Prosecutor demanded that the defendant be guilty of committing the crime of traffic negligence Article 310 paragraphs (4), (3), and (2) No. 22 of 2009 concerning Road Traffic and Transportation by the first indictment, based on the legal facts, both witness statements and the defendant's statements as well as the elements contained in the indictment are considered to have been proven by the Public Prosecutor so that the acts and the elements of the article match each other. The Judge's consideration in Applying criminal provisions against the perpetrators, in this case, is appropriate where the judge has considered both juridical considerations, trial facts, witness statements, existing evidence, judge's beliefs, and support matters. Based on the facts at the trial, the Panel of Judges considered that the defendant could be held responsible for the acts committed with the consideration that the defendant had been legally proven which resulted in the death of another person so the defendant was sentenced to a commensurate sentence.

Disparity in Judges' Decisions Against Children Participating in Brawls (Case Study of Decision No.1/ Pid.Sus -Anak/2023/ Pn SKB and Decision No.14/ Pid.Sus -Anak/2022/ Pn CBD)

In social life, children are often involved in crimes, one of which is fights or brawls. Therefore, serious countermeasures are needed through proper law enforcement. Currently, the application of material criminal law against fights or violence is still not aligned until disparities arise. This study uses a juridical-normative method with the aim of determining the application of material legal crimes in Decision No. 14 / Pid.Sus-Anak/2022 / Pn Cbd and Decision No.1 / Pid.Sus-Anak/2023 / Pn Skb. The results of the study show that Decision No. 14 / Pid.Sus-Anak is not appropriate, because it applies the legal basis, namely Article 358 paragraph 2 of the Criminal Code. Meanwhile, Decision No.1/pid. Sus-Anak/2023/PN SKB has been in accordance with the applicable provisions, namely applying Article 76C juncto Article 80 of Law Number 35 of 2024 concerning Child Protection by applying the principle of lex specialist derogat legi generalis.

PERTIMBANGAN HAKIM DALAM MENJATUHKAN PUTUSAN PIDANA TERHADAP PELAKU PENCURIAN YANG MENDERITA KLEPTOMANIA

This research aims to analyze the judge's considerations regarding criminal acts of theft committed by kleptomania sufferers. This research also aims to examine the application of material criminal law by judges in handing down decisions and sentences against perpetrators of theft who suffer from kleptomania in Decision Number 32/Pid.B/2018/PN Kpg. This research uses a normative method with a statutory approach and a case approach. Primary and secondary legal materials are used as legal sources. The data collection technique was carried out by collecting data from various literature sources relevant to the research. The legal issue in this research is the existence of legal uncertainty in the application of Article 44 of the Criminal Code relating to perpetrators of criminal acts of theft who suffer from kleptomania, as in the case of Decision No32/Pid.B/2018 /PN Kpg above, it was explained that the defendant Maudy Susana Tefnai had a habit of stealing (Kleptomania), for which the defendant Maudy had to undergo criminal probation for 1 year. This is contrary to the Reason for Forgiveness, which states that whoever commits an act that cannot be accounted for because his or her intellectual powers (zijner verstandelijke vermogens) are disabled in growth or impaired due to disease, is not punished. From the trial process in this case, the responsibility of criminals suffering from kleptomania can be analyzed based on monistic and dualistic currents.

The Concept of Restorative Justice in the Criminal Legal System: A Breakthrough in Legal Benefits

Historically, alternative efforts to resolve criminal cases have existed since the Dutch colonial era, even before Indonesia's independence. Currently, there are several forms of resolving criminal cases outside of court in force, namely diversion (transferring the resolution of children's cases from the criminal justice process to a process outside criminal justice in accordance with the Juvenile Criminal Justice System Law), Afkoop (as regulated in Article 82 of the Criminal Code), and Seponeren (dismissal of cases in the public interest by the Attorney General). The aim of this research is to analyze the concept of restorative justice in the criminal law system as a breakthrough in legal benefits. Approach The research method that can be used in this research is the empirical juridical approach. This approach combines a normative juridical approach with an empirical approach. Based on the analysis carried out, restorative justice can be applied in cases that cause financial loss or minor crimes. The principle of restorative justice in resolving criminal cases in Indonesia does not only depend on formal and material criminal law provisions but is also based on a broader concept of punishment. The model for implementing restorative justice in Indonesian criminal procedural law can be found through a criminal resolution mechanism that follows a legitimate legal problem resolution approach, which is reflected in the reform of the criminal justice system in Indonesia, which is based on an evaluation of the criminal justice system.

The Legal Politics of Restorative Justice in Indonesia

<em>Restorative Justice needs to be implemented immediately in Indonesia. Law Number 1 of 2023, which is expected to be an oasis, does not regulate this matter optimally. This article will discuss the ideal form of regulation for implementing restorative Justice in Indonesia. Implementing restorative Justice will include more than procedural or formal law. More than that, restorative Justice must cover all aspects of criminal law enforcement. It starts from material criminal law, procedural law, litigation dispute resolution, and non-litigation case resolution. This article will use normative juridical research methods and conceptual and statutory approaches. One of the important findings in this article is the absolute need for a paradigm shift in the enforcement and regulation of criminal law. From the initial nuance of retribution to a more nuanced recovery approach (restorative). Then therapeutic justice regulation must also be included in material criminal law regulation. So, it can be used as a guide for law enforcement officials in finding substantive Justice.</em>

ANALYSIS OF THE EXPANSION OF THE PRINCIPLE OF LEGALITY IN RENEWING CRIMINAL LAW

The principle of legality is the most basic principle in the application of material criminal law. The principle of legality adhered to in Indonesian criminal law was originally the principle of formal legality. Meanwhile, in the renewal of criminal law embodied in the National Criminal Code, the principle of legality adopted also includes the principle of material legality. This article aims to analyze the expansion of the legality principle in the renewal of Indonesian criminal law and understand the meaning of the expansion of the legality principle. This article was written using a normative legal research method with a statutory approach. The result of this study is that the expansion of the legality principle in criminal law renewal is an effort to balance the fulfillment of legal objectives between legal certainty in the formal legality principle and justice in the material legality principle.

A Review of Juridical and Criminological The Crime of Horrible Bodily Damage

This study aims to examine the application of material criminal law related to the crime of grievous bodily harm and the consideration of judges in determining criminal sanctions against perpetrators. Conducted in the Makassar District Court with a qualitative approach using the interview method. The results showed that the panel of judges in certain cases found the defendant guilty in accordance with Article 351 of the Criminal Code, based on the facts of the trial such as witness statements and evidence. Although the judge's decision tends to judicial considerations without specifying the background of the subjective consideration, the sanctions imposed are in accordance with the law, although they are lower than the prosecutor's demands.

Crimes of Conspiracy and Assistance in Terrorism

This study aims to understand the application of material criminal law to the crime of conspiracy and assistance to commit terrorism. This study uses a normative legal research method. The collected legal material is then qualitatively analyzed to describe the problem and answer the study objectives. The results show that the definition of criminal conspiracy in Article 88 of the Penal Code encompasses an agreement between two or more individuals to commit a crime. Initial discussions not directly related to crime planning do not fall within the category of a malicious conspiracy. Furthermore, concerning the crime of terrorism, material criminal law does not differentiate between the roles of conspirators, assistants, and main perpetrators in terrorism. Consequently, an agreement to commit a terrorist crime made by two or more individuals already fulfils the element of criminal conspiracy. In this context, conspirators and terrorism assistants can be prosecuted according to Government Regulation in Lieu of Law Number 1 of 2002, even if the planned terrorist act has not been executed. Therefore, it is recommended for law enforcers, including POLRI, Prosecutors, and Judges, to pay close attention to the nuances of the criminal conspiracy definition according to the Penal Code and Government Regulation in Lieu of Law Number 1 of 2002 in the eradication of criminal acts of terrorism. It is crucial to distinguish between initial discussions that do not indicate preparation for a criminal act and explicit agreements to commit a terrorist crime. Law enforcers must apply a thorough understanding of how material criminal law classifies conspirators, assistants, and main perpetrators without distinction in terrorism cases. Thus, fair and accurate handling of individuals planning terrorist crimes can be realized while upholding the principles of justice and proportionality in law enforcement.

Analysis of the Application of Unlawful Act Elements in Corruption Crime Cases against North Sulawesi Bank Debtors (Review of Decision Number 11/Pid.Sus-TPK/2021/PN Gto)

This research was conducted to determine the extent to which material criminal law was applied in the panel of judges' consideration of elements of unlawful acts in cases of criminal acts of corruption where the defendant was a debtor who had defaulted (bad credit) on his loan installments. Knowing the extent to which judges provide legal considerations using the lex specialist derogate generaly principle approach, as well as the existence of contradictions between Constitutional Court Decision Number 003/PUU-IV/2006 in the criminal justice practice order. The results of this research show that judges still apply unlawfulness in a positive function first without conducting an in-depth study and truly exploring whether the act is indeed an act that is considered evil and reprehensible to the wider community. Judges, in looking at the unlawful nature of material law, must consider the unlawful nature of the law in its negative function, not only in its positive function, so that actions carried out, even though they meet the formulation of an offense but do not violate negative material law, can be used as a justification that does not harm the state, does not benefit themselves, other people and corporations and the perpetrator's legal obligations are not subject to punishment.

Criminal Law Policy in Implementing, Values of Justice and Legal Certainty (Case Study of Defamation)

Globalization, which began in the early 20th century, was marked by revolutions in transportation and electronics, expanding and accelerating trade between countries. The impact is significant, especially in the field of multimedia companies which are competing to dominate the global mass media market. Technology plays a central role in this global phenomenon, turning the world into a global village. A case study of defamation via Facebook in Pandahan Village, South Kalimantan, is the focus of this research. Analysis of material criminal law based on the law is applied in the decision of the Pli District Court. Meanwhile, the Micro, Small and Medium Enterprises (MSME) sector in Indonesia is an important factor in supporting the economy and local economic growth. Through a literature study, this study investigates the application of material criminal law in cases of defamation in cyberspace and explores the potential of MSMEs as drivers of the local economy. It is hoped that the results of this research can provide further insight into the challenges and opportunities faced by society and the government in facing the phenomena of globalization, technology and local economic development.

Harmonization of Indonesian Criminal Law Through the New Criminal Code Towards Humane Law

Objective: The material criminal law currently in effect in Indonesia is a criminal law inherited from the Dutch colonial era, promulgated by Law Number 1 of 1946, which is enforced in accordance with the principle of concordance, which means the application of existing laws in the Netherlands to Indonesia. The problem discussed in the research is How is Law 1/2023 on the Criminal Code harmonized which repeals the previous law? How does society respond to changes in the substance and type of punishment in the new Criminal Code.
 
 Method: The method used in the form of normative juridical with a descriptive analytical approach. The new Criminal Code consists of 2 (two) books, namely Book One and Book Two. Book One of the Criminal Code contains 205 articles which regulate starting from the scope of application of criminal statutory provisions; criminal acts and criminal liability; convictions, penalties and actions; the abolition of prosecutorial authority and criminal implementation.
 
 Result: The results concluded that the new Criminal Code regulates the application of unwritten laws such as customary law and customs, this would be contrary to the principle of "nullum delictum" which requires that a crime can be imposed if there is a law that first regulates it. The novelty of this research is the need to regulate what crimes can be resolved using unwritten law or customary law.
 
 Conclusion: The conclusion obtained is that there is not yet harmony between the principles and substance that regulate actions and the type of punishment that will be imposed and there are various disapproving responses from the public because the criminal regulations in the new KHUP are not yet harmonious. Hopefully a new regulation will be formed or a new Criminal Code will be revised to create a harmonization of criminal law in the future.

ERADICATION OF CRIMINAL ACTS OF CORRUPTION TOWARDS DIRECTORS OF COMMANDITAIRE VENNOOTSCHAP WHO PERFORM CRIMINAL ACTS OF CORRUPTION

This study aims to determine and to qualify criminal acts of corruption within article 2 and article 3 of Law Number 31 Year 1999 On Eradication of Criminal Acts of Corruption, and to determine the application of material criminal law and legal considerations by the judges in deciding the verdict
 The statute approach, which examines laws that are related to research problems, is the approach used in this normative research. In addition to the statue approach, the author also carries out a case approach, which means that this research is complemented by a review of the judge's considerations in the decision. The primary and secondary materials obtained were then analyzed descriptively to then be presented qualitatively.
 This research concluded that: 1) Article 2 and Article 3 of the Law of 1999 has several differences. One of the differences can be found on the subject. Article 2 applies to anyone who commits the act and Article 3 applies to anyone with a "post or position" who abuses the authority in committing the act. This means the subject of Article 3 only refers to Civil Servants; and 2) the application of material law against the CV Director who committed the criminal act of corruption is improper due to the facts that the defendant as a CV director is not considered as a Civil Servant and the judge consideration sentenced the defendant with subsidiary indictment ( Article 3) because according to the judges his action fulfills the materials of the article.

Sexual Violence in Higher Education, Policies in Indonesia and India

The phenomenon of sexual violence in college is a serious concern of the Ministry of Education and Culture, and in order to prevent and handle the occurrence of sexual violence in college, the Minister of Education and Culture Regulation Number 30 Year 2021 concerning Prevention and Handling of Sexual Violence in Higher Education is issued (hereinafter referred to as Permendikbud 30 / 2021) which was promulgated on September 30, 2021. The enactment of Permendikbud 30 / 2021 raises pros and cons in the community such as the enactment of provisions regarding "sexual consent" or "without the consent of the victim" as stated in Article 5 that for several acts that are included the category of harassment if it is carried out with the consent of the victim then it can be justified or not harassment, for example the act of spreading images or photos of victims that have sexual nuances. The Prevention of Sexual Harassment Act came into force in India after what is known as the Nirbhaya case. It makes it compulsory for all higher education institutions to have an internal complaints committee (ICC) to address abuse on campus. But nearly, a report by the Ministry of Education found only 95 out of 188 institutions had established committees, and those that were in place were considered ineffectual by students.This study aims to determine, identify and analyze the position of the Minister of Education and Culture Regulation Number 30 Year 2021 in the material criminal law system in Indonesia; to find out and describe how the implementation of Permendikbud 30 / 2021, especially with regard to aspects of handling sexual violence in universities. Normative juridical research using the approach to legislation and the implementation of the Minister of Education and Culture Regulation must begin with strengthening higher education governance such as the establishment of a task force for the prevention and handling of sexual violence, preparation of guidelines for the prevention and treatment of sexual violence, provision of reporting services, counseling for victims, socialization in college environment.
 Keywords: prevention, treatment, sexual violence, college.

The Meaning of the Principle of Material Legality in the Reform of Indonesian Criminal Law

The principle of legality is a very important principle in criminal law. The principle of legality plays an important role in the enactment of material criminal law rules and is the basis for the validity of acts categorized as criminal acts. The purpose of this study is to determine the meaning of the principle of material legality in the reform of Indonesian criminal law. This article was prepared using the normative legal research method. The results showed that the reform of criminal law with the enactment of Law Number 1 Year 2023 on the Criminal Code did not only change the formulation of the principle of legality substantially, but changed the formal principle of legality which was originally far from the sense of public justice, expanded into a material principle of legality that better guarantees the sense of public justice. This article will discuss the material legality principle as a renewal of the formal legality principle, which aims to expand the reach of the legality principle in providing protection to the community from the negative consequences of criminal acts.

Juridical Analysis of the Crime of Child Abuse Is Also Done by Children

The purpose of this study is to determine the qualifications of criminal acts of sexual abuse of children in the view of criminal law. And to find out the application of criminal law to the crime of child abuse committed by children in Decision Number 8/Pid.Sus-Anak/2017/PN.Tgn. The research method uses normative law which places law as a system of norms, concerning principles, rules, laws and regulations, court decisions, agreements, and doctrines. Primary, secondary, and tertiary research methods are data obtained from the literature that have a relationship with the research focus. In normative legal research, the main source of data from primary law includes regulations, legislation, and legal materials. secondary includes legal books, legal experts, and scholarly academics. Tertiary includes an explanation of primary legal materials and secondary legal materials. Conclusion Qualification of criminal acts of sexual abuse of children in the view of criminal law can be qualified in Articles 290-296 of the Criminal Code as lex generalis and Articles 76E and Article 82 of Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2014 concerning Child Protection as lex specialis. The application of material criminal law by the Panel of Judges of the Tangerang District Court in case Number 8/Pid.SusAnak/ 2017/PN.Tgn which stated that the defendant MF had been legally and convincingly proven guilty of committing the crime of sexual abuse of a child with the victim NPA regulated in Article 82 Jo. Article 76E UU RI No. 35 of 2014 concerning Amendments to RI Law No. 23 of 2002 concerning Child Protection is correct.

Actual problems of the criminal and legal policy of Ukraine in the conditions of war

Scientific research in the field of criminal and legal counteraction to corruption should be aimed at achieving such a result as minimizing the causes and conditions of corruption and corruption-related offenses, reducing their destructive impact on the already weakened economy, as well as the welfare of the Ukrainian population, the inevitability of being drawn to criminal liability of all persons involved in corruption. The norms on collaborationism, which were adopted in a hurry, have already been criticized by domestic scientists and need improvement. After the de-occupation of all our territories, it is impossible to allow unjustified prosecution of Ukrainian citizens who did not participate in collaborative activities. After the victory in this war, Ukraine, as a victim of the most brutal crime of aggression by Russia in the 21st century, having already some experience in countering the commission of international crimes and their investigation, should initiate the creation of the Code of International Crimes. Protection of victims from crimes is an actual area of criminal law policy. Despite the fact that the term «victim» is used by other sciences of the legal cycle, its meaning is directly related to criminal law. In recent years, the issue of classifying the victim as a subject of material criminal law relations has been actively discussed. Current problems of the criminal law policy of Ukraine, the most important in the conditions of war, can be divided into three groups. The first is the traditionally priority areas that only increased their relevance during the war (fighting corruption, terrorism, organized crime, etc.). The criminal law protection against corruption in all spheres, primarily in the sphere of defense, is the important factor that will contribute to the victory of our state over Russia. The most recent are directions that became relevant during the war (combating international and military criminal offenses, crimes against the foundations of national security (against the state), expanding the list of circumstances that exclude the criminal illegality of an act). The concept of self-defense as legitimate defense comes from domestic law, primarily criminal law. Necessary defense against the actions of an aggressor should be considered as legitimate socially beneficial violence. The predicted directions, which are actualized during the period of post-war reconstruction of the state, are countermeasures against the increase in the level of violent crime, suicides, and crimes related to the use of weapons. Key words: criminal law policy, counteraction, corruption, organized crime, violence, necessary defense, fair justice, international crime, war crime, crimes against the foundations of national security of Ukraine, criminal organization, terrorism, collaborationism, state security, victim.

The Concept of Law Enforcement of the Crime of Theft through a Restorative Justice Approach

This research is considered important because efforts to resolve general criminal cases in Indonesia through a restorative justice approach can be realized if a regulation of material criminal law can be substantively reconstructed to provide legal certainty for justice seekers in a restorative justice manner. There was a conflict between Das Sein and Das Sollen. There are three problems raised in this dissertation research, which are about how the concept of law enforcement for criminal acts of theft through a restorative justice approach. To analyze these problems used the social legal research method. The results of this study found that the restorative justice approach is to realize the implementation of restorative justice in the settlement of general crimes with substantive legal, progressive, efficient and just powers. Reconstruction of several articles consisting of formal and material laws and regulations as well as law enforcement implementing regulations including the Criminal Code, the Criminal Procedure Code, the Prosecutor's Office Regulation of the Republic of Indonesia Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice, Regulations Kapolri Number 14 of 2012 concerning Investigation Management, Kapolri Regulation Number 3 of 2015 concerning Community Policing. The concept of upholding the crime of theft through a restorative justice approach is to realize sentencing efficiency and a change in the sentencing paradigm. Looking at the phenomenon of the Indonesian judiciary which is very crowded from the accumulation of case files as an illustration of the large number of cases in this Republic, the condition of prisons that are over capacity, as well as the increasingly high state budget for financing legal proceedings.

Hukuman Pelaku Tindak Pidana Pencabulan di Lingkungan Kampus

Criminal acts of obscenity are all acts related to life in the sexual field which are considered to violate the norms of decency or decency. The problem of sexual abuse on campuses or universities is no longer a secret, this is evidenced by the many reports circulating about sexual abuse in educational settings, especially universities. This study aims to find out about the judge's considerations and find out how material criminal law in Indonesia is applied to the crime of obscenity based on decision number 732 / Pid.b / 2019 / PN.Tjk, using the Normative Juridical research method. Whereas from the results of this study, the first panel of judges in deciding or adjudicating a case must make judgments by taking into account the facts of the trial, both through the statements of witnesses, expert witnesses, statements of the accused, evidence, confessions and oaths, in addition to the elements in the article. whether the accused has been fulfilled or not and also the judge's consideration must include juridical, philosophical and sociological considerations, the judge must also look at what is aggravating and what is mitigating. In decision No. 732 / Pid.b / 2019 / PN.Tjk the judge in making the decision was not fair enough and not right by trying the defendant with 1 (one) year's imprisonment. The application of material criminal law to cases of criminal acts of obscenity in the decision of the Tanjung Karang District Court Number 732/Pid. B /2019/ PN.Tjk is correct and in accordance with the applicable laws and regulations. Considering that the indictment must meet several conditions, namely formal and material requirements. The formal requirements include the defendant's biodata and the material must have a locus or place and tempo or time of incident.

Application of Material Criminal Law Against Embezzlement in Lubuk Pakam District Court Decision Number 2697/PID.B/2021/PN LBP

The result of this study is the application of the material criminal law against embezzlement in the office is very important to consider the application of a firm and consistent criminal law, valid and convincing evidence, proportionate sanctions, and strict supervision of employees. The application of this law maintains public safety and prevents criminal acts from harming the public interest. Darkening is divided into ordinary and with weighting. The application of criminal law against embezzlement with weights requires elements such as the unlawful taking of objects belonging to another person in a more severe way. The aggravating elements of embezzlement are "employment relationship" and" ex officio". Article 374 of the Criminal Code does not provide for embezzlement from office, but in certain functions. Keywords: Criminal, Law, Application.

ASSET RECOVERY DALAM TINDAK PIDANA KORUPSI SEBAGAI UPAYA PENGEMBALIAN KERUGIAN KEUANGAN NEGARA

The positive law in force in Indonesia that regulates corruption is the Law of the Republic of Indonesia Number 31 of 1999 in conjunction with the Law of the Republic of Indonesia Number 20 of 2001 concerning the Eradication of Criminal Acts of Corruption. In overcoming the problem of corruption, in fact there are many difficulties faced by law enforcers which have become a routine part of law enforcement constraints in Indonesia. In addition, the problem is even more difficult if when the perpetrators of corruption are not in Indonesia, where trials are conducted in absentia, then the assets resulting from corruption have been hidden abroad, so this creates serious problems for prosecutors in carrying out executions. However, today the functionalization of criminal law in the context of enforcing the law on corruption, both from the point of view of material criminal law, formal criminal law (criminal procedure law), as well as criminal implementation, still faces obstacles, especially regarding the policy of recovering assets of perpetrators of corruption has implications for the implementation of the execution of replacement money payments in order to optimize the recovery of state financial losses. Thus, obstacles in eradicating criminal acts of corruption must be addressed immediately, so that they do not become an inhibiting factor in efforts to restore state financial losses, so that the national development program can run optimally. The current policy of recovering assets of perpetrators of corruption in an effort to recover state financial losses cannot be implemented optimally, because it must be recognized that current national law still has many weaknesses that create difficulties for law enforcers in recovering assets of perpetrators of corruption, especially in terms of confiscating the assets of the perpetrators of corruption, so that the return on state financial losses resulting from corruption is currently not optimal.