Material Criminal Law Research Articles

Policy For Formulation Of Criminal Sanctions Against Narcotics Criminal Offenders

In essence, narcotics are substances both natural and synthetic, namely narcotics, psychotropics and other addictive substances. If they enter the human body without following health regulations, they have an effect on the brain in the central structure and if misused, it is against legal provisions. Narcotics were first made by the British and then spread to mainland Asia, from China, Hong Kong, Japan to Indonesia.Examined from the optics of material criminal law, the Narcotics Law has several systems for formulating criminal sanctions (strafsoort) and several systems for formulating the duration of criminal witnesses (strafmaat). The system for formulating the length of criminal sanctions (strafmaat) is a fixed/definite sentence system in the form of a definite criminal threat, an indefinite sentence system in the form of a threat of a maximum length of sentence, then a determinate sentence system in the form of determining the minimum and maximum limits for the duration of a criminal threat and an indeterminate sentence system in the form of no the maximum criminal limit is determined. The law-making body completely delegates criminal policy (discretion) to criminal implementing officials at a lower level, for example in determining the size, nature or duration of punishment for perpetrators of certain crimes. The formulation system is indeterminate, determinate, presumptive and mandatory. Basically, according to criminal law science, there are several types of systems for formulating criminal sanctions (strafsoort), namely single/imperative formulation systems, alternative formulation systems, cumulative formulation systems, cumulative-alternative (mixed/combined) formulation systems and blind/blanch formulation systems. . Likewise, only for the system of formulating the length of criminal sanctions (strafmaat), there is a definite sentence system in the form of a threat of a definite length of sentence, a fixed/indefinite sentence system or maximum system, namely a threat of a maximum length of sentence, then a determinate sentence system in the form of a specified minimum limit and maximum criminal threat and indeterminate sentence system in the form of no specified maximum criminal limit, the law-making body gives full responsibility to criminal policy (decretion) to criminal implementing officials at lower levels, for example in determining the size, nature or duration of punishment for perpetrators certain crimes.

Juridical Review of the Crime of Taking Women Run

This study aims to determine the application of material criminal law provisions for the crime of taking women away in the Unaaha District Court Decision Number 14/Pid.B/2011?PN.Unh and knowing the legal considerations in imposing criminal sanctions on the perpetrators of the crime of taking women away in the decision. Unaaha District Court Number 14/Pid.B/2011?PN.Unh, which was implementedat the Unaaha District Court. The data collection method used was the library method and the interview method, then the data obtained were analyzed qualitatively.

Legal Review of the Causes of the Crime of Extortion Committed Together by Teenagers

The problem of crime is still a social problem that is very feared and very disturbing to the community. The problem of crime is not merely a problem of the modern era of technology today, but rather a problem that needs to be analyzed to obtain the material truth required by material criminal law. The purpose of the study was to determine the factors that led to the occurrence of the crime of extortion and the efforts made to deal with the joint occurrence by adolescents in Tanete Riattang District, Bone Regency. Based on table 1 above, it can be seen that in the last 3 years starting from 2019 to 2021, the number of extortion cases carried out jointly by teenagers in Tanete Riattang District has increased from year to year. In 2019 there were 4 cases of extortion committed together by teenagers, then in 2020 there were 5 cases, then the number of cases increased in 2021 to 7 cases. 16 rexported cases of extortion committed by teenagers were then taken by the Tanete Riattang Sector Police. In general, the acts of extortion carried out jointly by teenagers in Tanete Riattang Subdistrict, Bone Regency, revolve around economic pressure in daily life, the large number of unemployed, low education and lack of legal awareness and weak appreciation and practice of religious teachings. It is recommended that they can provide legal counseling to the community, especially to teenagers.

Legal Journal "Examination of the Judge's Decision in the Acts of Online Football Gambling" (Case study 2864 / Pid.B / 2019 / PN.sby)

The Criminal Code (KUHP) has criminal rules outside of the Law, namely Law Number 11 of 2008 concerning Electronic Information and Transactions (UU ITE), in the world of sports the name football is one of the most famous sports games where -where. In the world of football, players are familiar with good gambling. football or the audience and even the referee as a court also participates in a gamble, but in principle playing gambling as stipulated in Article 303 of the Criminal Code (KUHP) and Article 27 paragraph (2) of the ITE Law. appropriate in its application to the Surabaya Court Decision number2864 / Pid.B / 2019 / PN sby regarding the Crime of Online Gambling from the probleman the writer can formulate the problem namely What is the decidendi ratio for the High Court Decision Number 2864 / Pid.B / 2019 / PN sby? and Is the application of the judge's decision on Decision 2864 / Pid.B / 2019 / PN sby in accordance with the elements of material criminal law? The method used by the author is a normative type with a statutory approach, conceptual, case analysis. In this verdict, it turned out that the judge was not careful about his judgment.This is related to the indictment of the Public Prosecutor who only accused the defendant under Article 303 Paragraph (1) 2nd. In fact, when the indictment does not meet the requirements for an accurate, clear and complete description, the indictment letter will be null and void.

Criminal offences that infringe on individual freedom versus restrictions imposed during the pandemic to guarantee access to education

In the study we propose as follows, we will look at differences in perception between the pandemic constraints imposed by the governmenst of countries affected by the pandemic in view of managing the pandemic and society’s perception that governments have deprived citizens of their freedom by restricting their mobility and imposing restrictions with regard to travel, including in order to attend educational activities. In some cases, the communities affected by the restrictive measures have gone further, accusing governments of the crime of “Illegal Deprivation of Freedom”, which is included by the legislator in the criminal codes of countries. We consider that the accusations brought against the authorities are unfounded, exaggerated, and thoroughly wrong. We believe that they are due to communication gaps in the public domain, the differences in perception of community members in the context of changing paradigms and the insufficient legal education, which leads to confusion between illegal deprivation of freedom and limitations or restrictions. Although, in the legislation, the articles that provide for the criminal offences relevant to the matter are included in the criminal (penal) codes, for example, in the Romanian legislation in Article 205 of the Criminal Code, with the marginal name “Offences against Individual Freedom” of Title I, which bears the marginal name “Offences against the Person”, and falls within the area of ​​interest of legal sciences, we will analyze the effects in relation to the limitations and restrictions imposed by the authorities for the management of the pandemic. To this end, on the one hand we will highlight the aspects of material criminal law necessary for the legal classification of a deed as offence of illegal deprivation of freedom, in accordance with the provisions of the Criminal Codes of Romania, Hungary, Republic of Italy, Greece, and on the other hand, we will present some aspects regarding the management of the coronavirus crisis in the area of ​​education.

Legal Implications of Stopping the Investigation Because the Forced Defense (Noodweer) and Emergency Defense Exceed the Limits (Noodweer Excesses)

This article examines the legal implications of stopping an investigation because the forced defense (noodweer) and emergency defense exceed the limits (noodweer excesses) of the legal framework in Indonesia. This is because there are three cases with different handling. This type of research is normative juridical research with a statutory approach and a case approach. The results of the study indicate that the legal implications of stopping the investigation on grounds of forced defense (noodweer) and emergency defense beyond the limit (noodweer excesses) are the non-realization of the value of legal certainty and the principle of legality which is the basis of criminal law, including material criminal law (criminal law book/KUHP) and criminal law formal (criminal procedure law/KUHAP).

Considerações Sobre a Causalidade e a Imputação Objetiva no Direito Penal Brasileiro

O artigo versa sobre as principais teorias da causalidade, bem como o surgimento e afirmação da Teoria da Imputação Objetiva proposta por Claus Roxin. A fim de responder às indagações sobre quando se pode considerar uma ação causa de um resultado e quando este pode ser imputado a uma pessoa, o Direito Penal e outros ramos do saber formularam diversas teorias explicativas. Contudo, mesmo depois de elaboradas diversas concepções teóricas, ainda não se chegou à conclusão sobre como explicar o nexo causal e normativo de condutas relevantes para o direito penal. Diante disso, o objetivo é, por meio de uma pesquisa bibliográfica com o método indutivo, analisar qual foi a teoria acolhida pelo Código Penal brasileiro e aferir se ela exige o nexo causal e normativo. O resultado é no sentido de que o diploma material penal incorporou a teoria da condição, além de exigir a imputação objetiva para considerar uma pessoa como autora de um crime.

Tindak Pidana Penyalahgunaan Narkotika oleh Remaja di Kabupaten Gianyar

The increase in the use of narcotics has recently shown a higher number. This creates problems for both the general public and individuals. The actions of drug abusers are very disturbing, starting from the family environment to the surrounding environment. As a result, many children are physically and mentally damaged. Of course, this will greatly affect their future. This study aims to examine the legal regulations for the criminal act of narcotics abuse by adolescents in Gianyar Regency and examine the judge's considerations in imposing criminal sanctions on narcotics abusers in Gianyar Regency. This research was designed using normative legal research with a statutory approach and a conceptual and problem approach. The data used were primary and secondary legal data. The data were obtained through field research using note-taking and documentation techniques. Furthermore, the data were analyzed descriptively qualitatively. The results showed that the application of material criminal law by the judge in case Number 516/Pid.Sus/2015/PN.Mks was fitting with the fulfillment of the elements of Article 127 Paragraph (1) letter a of Law Number 35 of 2009 concerning Narcotics by declaring the defendant legally and convincingly guilty of committing a crime of narcotics abuse. The judge's legal considerations in deciding the case Number 516/Pid.Sus/2015/PN.Mks were appropriate based on normative and sociological juridical considerations and by looking at valid evidence

Penerapan Hukum Terhadap Penyebar Video Porno Implementasi Undang-Undang Nomor 44 Tahun 2008 Tentang Pornografi

This study aims to determine the qualifications of the crime of distributing pornographic videos in the view of criminal law and to determine the application of material criminal law to the crime of spreading pornographic videos. This research method uses a normative juridical approach, secondary data from library research techniques. Then it was analyzed qualitatively and then presented descriptively. The results of the research conducted by the author that the act of pornography is a crime that is private in nature so that law enforcement against pornography eradication there are many difficulties. One of the inhibiting factors for eradicating pornography is the lack of cooperation from the community and various parties in reporting this crime. The application of criminal law has a tendency to be influenced by the structure of society, which is an obstacle that allows the application of criminal law to be carried out and can provide obstacles that lead to the application of criminal law cannot be carried out or cannot be maximized. The elements of a pornographic crime consist of a subjective element, namely an error, which means that the act was intentionally or with its consent, and an objective element, namely an act (to be) which means an object or model that contains pornographic content. (2) The crime of pornography is carried out based on the Criminal Procedure Code unless otherwise stipulated in Law Number 44 of 2008.

THE ROLE, POSITION, AND FUNCTIONS OF VERBAL WITNESSES AS EVIDENCE IN PROVING CRIMINAL CASES ASSOCIATED WITH THE CRIMINAL PROCEDURE CODE (KUHAP)

A criminal case is the act of a person who has violated the provisions of material criminal law, both those stipulated in the Criminal Code (KUHP) and those regulated outside the Criminal Code. The evidence is the central point in the examination of cases in court. This is because through this stage of evidence there is a process, method, act of proving to show whether the defendant is right or wrong in a criminal case in court. However, as time goes by the practice of criminal justice in Indonesia, it is often the case that the testimony of witnesses in front of the trial differs from the information that witnesses give at the investigation stage, which is contained in the minutes of witness examination. If there is a difference in information like this, then the information before the court takes precedence. If the priority is the information in the Witness's BAP, then all of the accusations of the public prosecutor are proven automatically. If something like this happens, then the thing that can be done is to summon the investigating officer who made the BAP to be examined in front of the trial called a verbal witness. The research specification used is descriptive analytical, which provides data or a description as accurately as possible about the object of the problem, while the approach used in this study is a normative juridical approach. The results of this study explain that, The role of verbal witnesses as evidence in proving criminal cases associated with the Criminal Procedure Code (KUHAP) is very important, because it is useful for finding answers regarding the defendant who revoked the Examination Report (BAP) who admitted that he was tortured, forced or he felt trapped by the police during the investigation process, the Judge or the Public Prosecutor presented the Verbalisan Witness to find answers or refutation of what was stated by the defendant..

CRIMINAL RESPONSIBILITY FOR DOMESTIC VIOLENCE (Court Decision number 1945/Pid.Sus/2019/PN Mdn)

This study aims to determine criminal responsibility for domestic violence in court decision Number 1945 / Pid.Sus / 2019 / PN Mdn) and to find out the legal considerations of judges in imposing criminal sanctions against perpetrators of criminal acts of domestic violence committed by husbands against wives in Court decision Number . 1945 / Pid.Sus / 2019 / PN Mdn. The research used to answer the two things above is the decision literature research and the author takes the data obtained from the decision of the Medan District Court. The results of this study indicate that the application of material criminal law to criminal acts in the judge's decision in case No. 1945 / Pid.Sus / 2019 / PN Mdn. In accordance with the legislation in this matter regulated in law number 23 of 2004 concerning the elimination of domestic violence in imposing a criminal sentence, the judge has given considerations in accordance with the facts and it was revealed in the trial both from a material criminal and criminal perspective.

Socio-Legal Study of Community Participation in Restorative Justice of Children in Conflict with the Law in Indonesia

The state has the obligation and authority to protect children. This is regulated in Article 28 of the 1945 Constitution of the Republic of Indonesia, that everyone has the right to just recognition, guarantee, protection, and legal certainty as well as equal treatment before the law, namely that the State is obliged to protect every citizen regardless. The problem in this paper is how is the socio-legal study of restorative justice in the Juvenile Criminal Justice System in Indonesia. The method used in this research is a socio-legal research approach. This study found that the customary institution in Padang, West Sumatra is factually recognized in its existence in the customary criminal law of the Dua Puluah Customary Law. Moreover, the results showed that particularly in regulating the provisions of the material criminal law, in the Salapan Law (eight), and the Kanayatn Dayak community. implementing the restorative justice mechanism is resolved by deliberation and is family in nature in a Barukupm Adat forum, which involves all parties, both from functionaries, children of perpetrators and their families, victims and their families as well as witnesses who know the case, and pay attention to the rights of community members within the boundaries the agreed boundaries to be obeyed, based on the values and norms that exist in society. This study offers relevance in the context of non-legal settlement in cases of restorative justice in cases of children in conflict with the law in Indonesia. This study underscores expediency to provide greater space for customary entities to resolve children's cases non-legally and to increase community participation in the resolution of legal cases involving children.ia.

The Principle of Direct Effect in Criminal Law: Theory and Practice

Summary The meaning of the general principles of EU law has been broadly developed by the Court of Justice of the European Union; however, for many years it had only limited competence in deciding criminal cases. The principle of direct effect is important for ensuring the efficient functioning of EU law. The aim of this research is to find out if and how this principle affects criminal justice. To reach this objective, the researchers examine how the substance and content of the principle, through the doctrine and the judgments of Court of Justice of the European Union, can influence national criminal law and criminal procedure. Afterwards, the actual impact of EU law on national criminal law is evaluated, taking Lithuania as an example. The analysis reveals that direct application of directives in material criminal law is highly unlikely, while in criminal procedural, law such a possibility is real if EU norms are clear, unconditional, and precise.

Kajian Yuridis Terhadap Sistem Peradilan Anak Berdasarkan Asas Keadilan Terhadap Pelaku Tindak Pidana Kekerasaan Oleh Anak (Studi Kota Medan)

In this research, the problem is whether the Child Criminal Justice System has given Justice to children as perpetrators of violent crime? How law enforcement efforts for children as perpetrators of violence by the Medan Municipal Police Department? How the application of justice principles for children as perpetrators of action Violence especially in Medan? The research method used is the normative juridical method, with the leper approach (library reseacrh) that collects the data source from literature literature. In this research used secondary data source that is by using primary, secondary and tertiary law materials. This research is discussed with qualitative approach that is finding problem which then analyzed with inductive system by using legal theories used. The results of this study indicate that the juvenile justice system contained in law number 11 of 2012 has provided justice for children as perpetrators of criminal acts, only in certain circumstances, the application of the criminal justice system does not provide legal certainty for the victims and the community. Law enforcement efforts for children as perpetrators of violent crime are by applying formal and material criminal law in accordance with the prevailing laws and regulations. The application of the principle of justice for children as perpetrators is adjusted to the position of cases that have been done by applying the criminal justice system of children, even in certain circumstances, the application of diversion in cases of violence perpetrated by the child may be enforced.

Perspektif Hukum Pidana Dalam Polemik Pengajuan Sumpah Advokat: Telaah Putusan Mahkamah Konstitusi Nomor 35/PUU-XVII/2018 Atas Surat Ketua Mahkamah Agung RI Nomor 73/KMA/HK.01/IX/2015

The discussion regarding a single forum for advocates has been widely analyzed, but after the issuance of the Letter of the Chief Justice of the Supreme Court Number 73 / KMA / HK.01 / IX / 2015, the concept of a single container still leaves big questions. One of the questions in the realm of criminal law is whether the letter of the Chief Justice that allows an advocate organization other than PERADI to propose an Advocate oath to the High Court can be categorized as an act against criminal law and can be held criminally responsible at the same time? This type of normative legal research uses a conceptual approach and a case approach, especially with regard to judicial reviews. The collection of legal materials is carried out by studying the literature on primary legal materials and secondary legal materials. The results of the study concluded that the issuance of the Chief Justice of the Supreme Court No. 73/2015 which allowed advocacy organizations other than PERADI to propose an advocate's oath to the High Court could lead to acts against material criminal law. However, it is difficult to realize criminal liability for acts against criminal law due to the incomplete formulation, especially regarding the concept of contempt of court.

In rem contra culpam? - Prošireno oduzimanje imovinske koristi u međunarodnom i bosanskohercegovačkom krivičnom pravu

It comes as no surprise that vast economic benefit is obtained through crime and that all necessary measures need to be taken in order to appropriate those ill-gotten gains. Deprivation of criminal assets assures effective prevention of their use in future criminal activities, simultaneously advancing the principle that crime does not pay. One of the fastest developing forms of deprivation is extended criminal confiscation, which is understood as recovery of property deriving from vague, assumed criminal activity. An important role in shaping the regime of extended criminal confiscation has been played by international and supranational organisations, hence the paper includes the analysis of relevant stipulations in five capital international documents, and, having in mind recent vivid legislative activities in Bosnia and Herzegovina, analysis of material criminal law norms in its four jurisdictions as well. Analysis includes discussion on a) the scope of crimes liable to extended confiscation, b) circumstances that could indicate on the criminal origin of the property, c) forms of procedural safeguards that are granted to confiscation subjects. International legal standards stipulate the option to utilize statutory legal presumptions and automatic reversal of the onus of proof, or circumstantial proof of illicit origin of assets and balanced onus. Both alternatives are present in Bosnia and Herzegovina, although none often used in practice. This unfavourable picture can be argued by inadequate elaboration of certain elements of the construct and, in some jurisdictions, restrictive approach in determining triggering offences. Improvement of normative framework, along with the other practical, organisational and other activities, is essential to fully utilize criminal policy potential this form of confiscation has.

ANALISIS YURIDIS TERHADAP PENYALAHGUNAAN NARKOTIKA JENIS SABU-SABU DAN PIL EKSTASI DITINJAU DARI SEGI HUKUM PIDANA DALAM PUTUSAN NOMOR : 473/PID.SUS/2015/PT.MDN

The study was intended to explore the application of law for drug abusers of the type of methamphetamine based on court decision No. 473 / PID.SUS / 2015 / PT.MDN. Narcotics is an interesting issue to discuss because it is always followed by opinions that are pro and contra. The provision of criminal law can be interpreted as one of the penalties given to someone who violates the applicable law. In this case, a narcotics addict can be considered a violator of the law, because he has been abusing drugs. In accordance with the times, which are marked by technological advances, information and communication can multiply people to engage in criminal acts. The results of this study indicated that the application of material criminal law to decision No. 473 / PID.SUS / 2015 / PT.MDN had to be in accordance with the demands of the public prosecutor. Because in the statement of the defendant disclosed in court, (1) it was mentioned that there was a sale and purchase transaction carried out by the defendant with someone he did not know. (2) Legal considerations against judges who imposed criminal sanctions on the verdict No. 473 / PID.SUS / 2015 / PT.MDN had to be based on the consideration of the public prosecutor and judge, the offender could be sentenced to life imprisonment or at least imprisonment for 5 years or a maximum of 20 years and a fine of at least 1 billion rupiahs or at most 10 billion rupiahs by applying article 114 paragraph (1) of Law No. 35 2009 on narcotics.

Tinjauan Yuridis Permufakatan Jahat Penyalahgunaan Narkotika Berdasarkan Undang-Undang No : 35 Tahun 2009 Tentang Narkotika (Studi Putusan Nomor : 423/Pid/2018/PN. Mdn)

The narcotics problem has now penetrated all elements of the nation ranging from children to adults, from the lower classes to officials, even politicians and law enforcement are not sterile from narcotics abuse, so that eradication efforts are not enough to only be handled by the government and law enforcement officials instead, it needs to involve the whole community to play a role and actively participate in its prevention and eradication. This type of research is empirical juridical law research. Application of Material Criminal Law by the Judge against the Narcotics Misuse Act of Group I in non-plant form Decision number 423 / pid.sus / 2018 / PN. Mdn is right. In article 114 Paragraph (2) Jo Article 123 of the Republic of Indonesia Law NO: 35 of 2009 concerning Narcotics indicted in the Primair Indictment. The legal consideration by the Judge regarding the criminal acts of Misuse of Narcotics of Group I in the form of non-plants in imposing convictions is appropriate because the Judge in case Number 423 / pid.sus / 2018 / PN. Mdn handed down convictions based on witness statements, defendant statements, and documentary evidence according to Article 184 of the Criminal Procedure Code as legal evidence.

PENERAPAN SANKSI PIDANA TERHADAP ANAK PELAKU TINDAK PIDANA

The type of crime that can be applied to the offender's offender is regulated in Article 71 of the Child Criminal Justice System Act, namely principal and additional criminal penalties. The principal crimes consist of criminal warnings, criminal conditions (coaching outside the institution, community service; or supervision), job training, coaching in institutions, and prisons. Additional penalties consist of: Deprivation of profits obtained from criminal acts or fulfillment of customary obligations . This is intended to provide an opportunity for the judge to choose which criminal is suitable for the child in the case he is handling. In practice, judges do not always impose criminal offenses similar to the types of criminal acts listed in the material criminal law in accordance with the article which are violated by the offender's offender, even the judge is not bound by the prosecutor's demands. The judge has the freedom to impose a criminal in accordance with his conscience. In addition to being influenced by juridical considerations, judges' decisions are also non-judicial considerations, namely the sociological, psychological, ethical, and historical aspects of the child.

Legal Response to Cybercrime in Global and National Dimensions

Cybercrime is a serious crime in the era of globalization. This crime employs sophisticated technology and anonymity. It is fast, crosses states’ borders, and has a wide impact. Cybercrime causes both material and immaterial losses. It even threatens world peace and security. The legal issue in this research is to discuss the international response to cybercrime, the substance of the Convention on Cybercrime, Budapest, 23.XI.2001, and Indonesia's position in the Convention on Cybercrime. The international response to cybercrime is done by holding international meetings at the United Nations Congress to discuss efforts to prevent cybercrime. Convention on Cybercrime, is the first provision for regulating cybercrime. The substance of the Convention on Cybercrime consists of material criminal law, procedural law, corporate responsibility, international cooperation and so on. Indonesia's position in the Indonesia Convention on Cybercrime is not to ratify the Convention on Cybercrime, but adopts the provisions of the Convention on Cybercrime on the Law Number 11 of 2008 on Information and Electronic Transactions and the Law Number 19 of 2016 on the Amendment of the Law Number 11 of 2008 on Information and Electronic Transactions. The criminal acts provided for in the Information and Electronic Transaction Law in Indonesia are wider than those stipulated in the Convention on Cybercrime.