Criminal Politics Research Articles

Criminal Law Politics: Corruption Eradication Strategy Through an Integrative Approach

The purpose of this research is to examine the politics of criminal law deeply in eradicating criminal law of corruption through an integrative approach. The method usingis normative legal research. Normative legal research methods or library research methods in legal research by reviewing existing legal materials. The integrative approach in overcoming corruption crime can be made integrally through two approaches, namely first, awareness between criminal politics and social politics directed to achieve particular objectives of the socio-political policies that have been set in order to achieve social welfare. Second, integration of efforts to tackle crime with penal and non-penal approach due to the reality of national law and the political facts of international law for enforcement on a national, regional, and global scale.

Naxalbari and the Specters of Marx: A Contemporary Reflection on the Maoist Movement in India

The financialization of the economy and the criminalization of politics in India which has led to the rise to power of the Indian neoconservatives led by the Bharaitya Janata Party (BJP) have created a splintered secular democratic opposition and a declining parliamentary left. Without a doubt the collapse of the Soviet Union led to the consequent entry of India into the not-so-brave world of neoliberal capitalism. The old ideologies of secularism, socialism and non-alignment (the three pillars of the ruling ideology of India until 1991) are now forgotten for an aggressive hyper-capitalist and ethno-nationalist ideology. For those who are pessimistic about the given course of things, especially with the complete surrender of the parliamentary left to bourgeois politics, the Maoists seem a ray of hope. However a counter-narrative is put up by the ruling elite for whom the Maoists are not only terrorists, but anti-nationalists declaring war on not only the Indian state, but the Indian republic itself. This essay, while being a review of Bernard D’Mello’s book India After Naxalbari, is also a reflection on the Indian Maoist movement. The following questions are fundamental to understanding the Indian Maoist movement, namely whether it is a genuine democratic and revolutionary mass movement or left adventurism that degenerates into ‘anarcho-terrorism’, which instead of helping the cause of the working class, is actually helping the state move in a more rightwards direction. It also states that the Maoist movement in India itself has to be located within a rigorous epistemological break from Marx’s original repertoire and that this Maoist ideology has to be understood less with dialectics and people’s movements and more with sophistry and messianic apocalypse.

Criminological Perspective Of Street Crime

Street crime was a type of crime that was currently rife in society, ranging from the practice of extortion, persecution, blackmail, immoral crime, confiscation and seizure of property belonging to others (robber). Crime prevention in the perspective of criminal law policy is pursued by a policy approach, in the sense that there was integration between criminal politics and social politics and integration between efforts to tackle crime by using penal and non-penal means. In the effort to countermeasures with crime, criminology has an important position to learn about crime, criminals and the society's reaction to crime, so appropriate steps can be arranged and planned in the context of efforts to combat crime.This research was an empirical juridical research using several approaches, namely normative approach, case approach and legal principles approach. Data analysis of this research was conducted using qualitative data analysis methods. The findings of this researchwere about street crime which were motivated by 2 (two) factors, namely internal factors and external factors. Internal factors was a factors that originate from within oneself, such as, psychological condition (psychiatric), low understanding of religion and external factors was a factors originating from outside the self-protective actors, namely social factors, such as economics, education. Efforts to prevent the occurrence of street crime were carried out in two ways, namely non-penal efforts and penal efforts. Non-penal efforts carried out by means of efforts that can be done to prevent crime, carried out by patrolling of police in the area that involve crime, socialization for the community and so on. While the penal effort was the implementation of the legal process against the protests, ranging from investigations, examinations and hearings before the trial to the execution of the sentence (execution) and guidance for the convicted person. The obstacles in tackling street crime was having no integration between criminal politics and social politics.

CRIMINALIZATION OF POLITICS IN INDIAN DEMOCRACY: CAUSES AND REMEDIES

The increasing tendency of corruption and violence in Indian democracy is a big problem. To fulfil their narrow interest and for vote bank politics the corrupted political leaders make alliance with the criminals and they have been doing illegal activities day by day with the support and help of the political parties. Now a days, politics becomes a field of the Criminals. A major number of politicians including of M.P and M.L.A have criminal records and most of them were became famous as a convicted criminal. In this situation it is very difficult to save democracy from the evil clutch of the criminals. Judiciary is helpless due to the infrastructural problems and it is unable to prevent it. Single initiative is not enough to prevent it from this type of evil practices. It needed both Government and citizens combined initiatives. This article attempts to analysis the causes of criminalization of politics in Indian democracy and gives some way out.

I Married a Communist: The Book! The Movie! The Commie Threat!

Howard Hughes, Philip Roth, and a 1949 anti-communist movie contextualize Roth's 1998 novel I Married a Communist and the politics of cinema and American writing during the McCarthy period. With films like Red Menace and I Was a Communist for the FBI, producers were eager to release "red scare" movies to promote a right-wing agenda and educate the public on communist dangers. Audiences were equally fascinated and frightened to learn of spies in their midst. The popularity of the genre suggests that Roth might have seen several of these anticommunist films, and similarities in plot and character between the 1949 I Married a Communist and Roth's novel immediately connect the two. Commie noir films, Roth as a young film critic, and film history also come into play with such details as over fifty anti-communist films produced in Hollywood in just over five years. The movie and the book elaborate this situation in addition to the criminalization of politics.

A Curb on Tainted Legislators

Criminalisation of politics is a serious problem in Indian democracy .inaction on the part of legislature and executive is making the situation worse .but, the judiciary is consistently trying to establish court an criminalisation of politics recently the supreme court in public interest foundation case issued some direction in this earlier , in lily Thomas case, it declared the MPS and MLAS to be disqualified for holding membership on conviction without giving three months time for appeal .various aspects of the issue have critically been analysed in this research paper.

PROPUESTAS PARA UN DERECHO PENAL MENOS PUNITIVISTA

This work analyzes the reasons behind the actual punitive expansion, generalized and globalized in criminal politics and the proposals for a less punitive penal law

Source of Crime in Islamic Psychological Perspective

Crime is a problem that has long occurred, even since the beginning of the fall of the prophet Adam and Eve. So far, the problem of crime is only involved in information that comes from binding laws and regulations. Crimes that have been considered crimes are only limited to individuals who are trapped in the context of mistakes without explaining the origin of the source of the crime committed. About crime also tends to be discussed in the science of criminology. In the field of criminology, W Boger himself is divided into two, namely pure criminology that breeds criminal science in criminal anthropology, criminal sociology, criminal psychology, criminal psychopathology and neuropathology and phenology while applied criminology is criminal hygiene, criminal politics and criminalism. This writing is sharpened at the source of crime in the perspective of Islamic psychology. In Islamic psychology itself, crime is basically not much different from the psychological outlook developed by Freud's psychoanalysts such as explaining between Id, Ego and Super Ego, if in Islamic psychology the source of crime can be found in Nafs explanations such as Vegetable Nafs, Animal Nafs, and Human Insights . This crime has an explicit explanation in the Animal Nafs.

The Concept of Criminalization of Politics in India

The Indian democracy is one of the largest in the world yet the internal political system is infested with some of the very crude problem that other counties of the world have long overcome. It is very important that democracy forms the basic structure of the society. Effort must be made to make society democratic. Democracy should be the value system of Indian citizens. The responsibility of survival of democracy can’t be shifted on the state institutions alone. The citizens have an equal part to play in the healthy functioning of the democracy. Hence, there is no doubt that electoral reforms are the need of the hour in order to attain sustainable democratic India. The objective of electoral reforms is the distillation of General Will. There must be no place for the criminals in the sacred electoral process of obtaining General Will. Electoral system should be able to attract the best talent in the country. Elections should not be seen as mere rituals but the pathways of democracy. Honesty shouldn’t be a disincentive but instead a reward in the electoral system. For a true decriminalization of politics, the instant need is to abolish the patronage to criminals which is often given by politicians and political parties. A strong political will is required on the part of government to decriminalize the entire political system by taking stringent measures as well as by enactment of required legislation. Supreme Court has also held that free and fair elections are a part of the basic structure of the Constitution. There is an urgent need to break the criminal-political nexus. Unless some decisive action is taken soon, the public will lose all faith in politics, politicians and democracy itself. This will do irreparable damage to our republic. Decisions with regard to electoral reforms should be strictly followed. There is need for legislation to regulate party funds, distribution and expenditure during non- election and election times. Maintenance, audit and publication of regular accounts by the political parties should be available for open inspection. There is also a need of setting up special courts for trying the cases of criminalization of politics. Keeping in view the ever deteriorating standards of politics, it would be more desirable to try all cases of politicians by special courts. It will help maintain sanctity and purity of elections. This composition strives to highlight the problems that persist in the Indian Democracy with respect to politics and what has been done till now to curb the same. Some suggestions and solutions have also been put forward towards minimizing the problems that have cropped up in recent times.

The burial of Education in Telangana State Politics (2014 onwards)

The above title of the article stands to pleasing that not to harm and destroying "knowledge society in India". However the delight and held in reverence to moral dedicated politicians in our country. Meanwhile there shall be healthy criticism but finding out who the culprits are those who planned behind the curtain to destroying education in newly formed Telangana glorious State. Set of issues about education destruction, Tracing out the ground reality of deliberate decisions which spoiled completely the beautiful quality environment of education in our Telangana state. These worst things happened in Telangana state due to the miscreant attitudes that expose their villainous traits in so called democratic rule. In spite of all evils against education in Telangana state, we all should give a big thanks to God who established immovable solid constitutional foundation through the incredible man Dr. B.R. Ambedkar. In this connection, most valuable caution to teachers of state and our country India. Teaching is noble profession that can establish the development of society. If teachers don’t realise and repent for quality teaching which they can gain by commitment and dedication, they are to become ‘one of the major reasons’ for society destruction. There is an inspiring statement ‘Good teachers matter more than the curriculum and administration. There are millions of dedicated teachers which produced by India. Thanks to mother India. But few are to bring bad name and sluggish by losing their valuable opportunity. The gist of this article is the criminal politics and "lawbreaking allocation of budget funds" for education in Telangana Government fell shocked since 2014. This is the exact core reason the destruction schemed started!

Penerapan Politik Kriminal dalam Penanggulangan Tindak Pidana Terorisme

The application of criminal politics in the handling of criminal acts of terrorism is a preventive measure that can be taken to reduce the crime rate of terrorism. Terrorism is an organized crime, has a national and international network that is very troubling and concerns the world. Criminal acts of terrorism will occur at any time with unpredictable targets, their actions cause widespread public fear, cause casualties and property losses that are not small, also cause a very broad impact on the life of nation and state. Considering that the crime of terrorism is an extraordinary criminal act, it will also be overcome by using unusual methods such as ordinary crime in general. The preservation of criminal politics is a preventive effort that can be carried out by the government in preventing the emergence of criminal acts of terrorism.

Corruption Prevention Efforts with Non Penal Policy

This study discuss about the efforts of corruption prevention with non penal policy. Criminal politics as a rational effort of the community in tackling crime, can be carried out operationally either through reasoning facilities or nonpenal facilities. Penal and nonpenal means are a pair that cannot be separated from each other, it can even be said that they complement each other in an effort to deal with corruption. Some social problems and conditions which can be conducive factors for the emergence of crime are clearly problems that cannot be overcome alone eyes with reason.

Resisting Protection: Rackets, Resistance, and State Building

The state occupies a central place in the study of a range of political, economic, and social outcomes. This article brings into dialogue literature on the state and emerging research on criminal politics through a study of protection rackets. Conceiving of criminal protection rackets as institutional arrangements of extraction and domination, I develop a political economy framework to explain variation in forms of resistance to rackets. The framework shows that distinct configurations of economic and political resources influence the type of resistance available to subordinates. I illustrate the framework's utility using micro-level data on resistance to rackets in Latin America. Attention to how resource endowments shape patterns of resistance to projects of extraction and domination provides a novel window into the bottom-up dynamics of state building.

For listening policies soviet authorities in tashkent state archives resources

This article is detailed in the documents of the State Archives of Tashkent, as a result of Soviet policy of collectivization in the late 1920s and early 1930s, as well as the reasons for their involvement in Tashkent. The first is an agricultural production company, which summarizes all of the agricultural inventory, equipments, traction forces and landowners. The second one is agricultural art, which summarizes all the means of production, the land and the whole production process. The first category includes the anti-terrorist activists-terrorists and anti-Soviet activists. They were to be arrested, repressed or even shot as political criminals. Their families were exiled to remote areas of the country. Those who actively fought against collectivization, large ears and former half-puppies, that is, representatives of the second category, were also exiled to these distant places. In 1933, as a result of re-examination of farms, 27 economic cases were considered. For example: Askar Said Akhmedov, a resident of Suzukota mahalla, is a former social trader, but also a butcher. He is a half-member of his family, and in 1933 he was subjected to the decision of the district tax commission because he was engaged in agriculture. The regional financial departments have maintained a list of ear farms in their area. The members of the commission and members of the makhalla have registered their property and belongings and made an act on it. According to archival documents, for the first time, counts of animals were in poor condition as a result of the lack of good care by local officials. Therefore, a second survey was conducted to identify animals that were hiding in many neighborhoods and neighborhoods and were told to complete the inspection within 3 days for not 100% completion.

An analytical survey of conventions in constitution of India

The scope of healthy convention in India is very wide despite the detailed, elaborate, andprecise drafting of our constitution. Instead of resorting to frequent amendments, we can develop healthy political habits. Healthy conventions are specially required in the center and state relations, appointment of Prime Minister or Chief Minister, and in the electoral process. The present political scenario has blackened to the criminalization of politics and politicization of criminals which is very dangerous for the growth of a country that is against the constitutional mandate of justice social, economic, and political. Good conventions, which have been tested on the time scale, should be maintained in a democracy.

С берегов Фонтанки и Ангары: два взгляда на перспективы сибирской политической ссылки начала ХХ в.

The article examines the problem of political exile in Siberia. At the beginning of the 20th century, the Russian Empire has faced the large development of subversive movements and illegal acts. Thus, the central power runs into the problem of special punishments to political criminals. The exile to remote Siberian region was the main measure for state prisoners. On the one side, the article studies the intentions of capital power, which tries to remove dangerous criminals from the center. On the other side, the article reveals position of the provincial power, attempting to protect subject territories and people from coming criminals, to decrease number of the exiled. The authors have concluded that the points of view from the both sides are objective and historically reasonable, because both of them have tried to achieve their goals.

PERIODISASI POLITIK HUKUM PIDANA ISLAM ACEH SEJAK TAHUN 2000-2018

Periodization of Islamic criminal politics in Aceh since 2000-2018 is the dynamics of the politics of Islamic criminal law in the Acehnese society in the application of Islamic law in Aceh Province carried out under the principle of lex specialis derogaatlege generalis. Periodization of Islamic criminal politics in Aceh from 2000-2018 with the issuance of Law No. 18 of 2001 concerning Special Autonomy for the Special Province of Aceh as the Province of Nanggroe Aceh Darussalam which was implemented in Qanun Number 11 of 2002 concerning the Implementation of Islamic Sharia in the Aqeedah Islam, Qanun Number 12 of 2003 concerning Khamar and the like, Qanun Number 13 of 2003 concerning Maisir (Gambling), Qanun Number 14 of 2003 concerning Seclusion (Mesum) and Qanun Number 4 of 2004 concerning Management of Zakat. The politics of Islamic criminal law has developments with the Law of the Republic of Indonesia Number 11 of 2006 concerning Aceh Government. The mandate of the Republic of Indonesia Law Number 11 of 2006 concerning the Government of Aceh in the application of Islamic criminal law is implemented through Qanun Number 6 of 2014 concerning Jinayat Law and Qanun Number 7 of 2013 concerning Jinayat Procedure Law which implements' Uqubat Cambuk on the mosque yard and / or open field has been running safely, orderly, unpretentious, effective and efficient. However, the period 20 is December 13, 2013. In this periodization the application of Islamic criminal law in accordance with Qanun Number 6 of 2014 concerning Jinayat Law and Qanun Number 7 of 2013 concerning Jinayat's Procedure Law runs smoothly and effectively. Periodization of 2017 until now, the political dynamics of Islamic criminal deterioration occurred with the issuance of Aceh Governor's Regulation Number 05 of 2018 concerning the Implementation of Jinayat's Laws that moved 'Uqubat Cambuk open space held in the courtyard of the mosque and / or open field. effectively and efficiently moved its location to the community / detention center / detention center.

STUDY OF PENAL AND NON-PENAL APPROACH ON PREVENTION OF CORRUPTION IN INDONESIA

Criminal policy can be interpreted in the narrow sense that criminal politics is described as a whole principle and method, which is the basis of the reaction to violations of laws in the form of criminal. And in a broad sense this is the overall function of law enforcement officials, including the workings of the court and the police. While in the broadest sense it constitutes the whole policy, which is carried out through legislation and official bodies that aim to uphold the central norms of society. Factors Underlying the Occurrence of Corruption Crime: a) Lack of salary for Civil Servants compared to needs that are increasingly increasing. b) Background of Indonesian culture or culture which is the source or cause of widespread corruption. c) Poor management and less effective and efficient controls that will provide opportunities for people to corruption. d) Modernization breeds corruption. Briefly the causes of corruption include 5 (five) aspects, namely: a) Individual Aspects of Actors, b) Aspects of Organizations / institutions, c) Aspects of society, d) Aspects of law enforcement and legislation, and e) Political Aspects. Efforts to prevent corruption through legal policies with means of reasoning and non-reasoning. Penal facilities include, a) Criminal Law Book (wetboek van Strafrecht) January 1, 1918; b) WvS in the 1915 Staatblaad Number 752 dated 15 October 1915; c) Law number 74 of 1957 in conjunction with Law Number 79 of 1957, d) Provisional Constitution of 1950, e) Government Regulation in lieu of law Number 24 of 1960 concerning Investigation, Prosecution and Corruption Criminal Investigation, f) Law number 1 of 1960, g) Law Number 24 Prp of 1960 concerning Investigation, Prosecution and Corruption Criminal Investigation, h) Law Number 3 of 1971 concerning Eradication of Corruption Crime; i) MPR XI / MPR / 1998 Tap concerning the implementation of a clean and free country of corruption, collusion and nepotism; j) Law number 28 of 1999 concerning State settlements which are clean and free of KKN which includes provisions on criminalization of collusion and nepotism offenses, k) Law number 31 of 1999 concerning the eradication of criminal acts of corruption, l) Law number 20 of 2001 concerning amendments to Law Number 31 of 1999 concerning the Eradication of Corruption Crimes that took effect from 21 November 2001, m) Law Number 30 of 2002 concerning the Corruption Eradication Commission. Efforts to deal with non-criminal crimes can be in the form of: a) Non-criminal prevention (Prevention without punishment), b) Influencing the public's view of crime and punishment through mass media (influencing views of society on crime and punishment mass media).Keywords: corruption, reason, nonpenal

URGENSI PENGGUNAAN SANKSI HUKUM PIDANA DALAM KONTEKS PENANGGULANGAN KEJAHATAN

<p>In order to carry out the crime prevention and control policy, there are two ways that<br />can be carried out, namely the use of penal facilities or criminal (legal) sanctions,<br />and the use of other facilities (nonpenal). Thus the use of criminal (legal) sanctions is<br />one of the policies in criminal politics, which in this case is not a means that occupies<br />a strategic position and causes many problems. Moreover, if it is associated with the<br />use of criminal sanctions to achieve the purpose of prevention as one of the premise of<br />abolitionist understanding. As a means of law enforcement policy in order to control<br />crime, the use of criminal (legal) sanctions is not an absolute. Even if it will be used,<br />then the problem is the policy of its use must be rational by paying attention to the<br />humanistic approach and social interests that contain certain values that need to be<br />protected. As a criminal policy, the extreme attitude to eliminate criminal (legal)<br />sanctions is not a policy step. Because what needs to be done in policies to control<br />and overcome crime is an integrated approach between penal and non-formal<br />policies. This non-formal activity occupies a key and strategic position that must be<br />intensified and streamlined in controlling and overcoming crime, not eliminating<br />criminal law.</p>

PENEGAKAN HUKUM TINDAK PIDANA POLITIK UANG PEMILIHAN UMUM LEGISLATIF PADA MASA KAMPANYE DI KABUPATEN SERANG

Regarding to the democracy as the people's sovereignty, the general election of 2014 was held by the aim to select a representative. The aim of this study is to determine whether there is criminal offense of money politics in Serang district during the legislative electoral campaign according to the regulation no. 8 of 2012 on the General Election of DPR, DPD and DPRD. This research was conducted by using juridical empirical approach directly to the committee electoral supervisor of Serang District as the result of violations that was reported by the committee electoral supervisors during campaigns, involving children under the age and money politics, but in fact most of the violations are money politics. Modes of money politics violation that committed by legislative candidates in Serang are (1) Direct money politics in the form of cash or stuffs by legislative candidates or successful teams; (2) Indirect money politics in form of distributing foods such as rice, noodles, vegetable oil, eggs and others; promising grants for a group or individual. The identification of the problem are 1) How the law enforcement against criminal acts of money politics fulfills the legal certainty? 2) What types and forms of acts that can be qualified as criminalization of money politics during the campaign? In fact, to prove money politics cases in Serang is difficult, because of insufficient evidence, political constraints of money politics violations in general election of law enforcement in Serang, electoral supervisor having trouble in finding evidence of violations of electoral money politics and lack of attention from environment, the need for political education, and encouragement and fair of law enforcement officers.Keywords: General Election, Money Politics, Criminalism, Law Enforcement.