Principle Of Ultimum Remedium Research Articles

Position for the Formulation of the Principle of Ultimum Remedium in the Criminal Law Codes in Various Countries

Position for the Formulation of the Principle of Ultimum Remedium in the Criminal Law Codes in Various Countries

Child Perpetrators and Victims: Criminal Policy Approaches to Sexual Violence in Indonesia through Restorative Justice

Criminal law embodies the principle of ultimum remedium, which means that prosecution is considered a final measure in law enforcement. This principle does not seek to eliminate punishment for offenders but rather aims to protect society from crimes by using prosecution as a last resort. Offenses are not only committed by adults but also by minors. With the rapid advancement of information and telecommunication technology, sexually explicit content has become widely available through electronic media. As a result, many children mimic behaviors they have seen or heard about, particularly since they are often given access to electronic devices such as smartphones and computers with internet access. This ease of access sometimes occurs without sufficient parental supervision, exposing children to inappropriate content. Given this context, the author is motivated to conduct research titled Criminal Policy for Addressing Sexual Violence Committed by Minors Against Minors in Indonesia. This study aims to explore effective legal measures and policies to address and mitigate such incidents. The research employs a qualitative method grounded in the theory of sanctions and the theory of legal effectiveness. By utilizing a criminological approach, the study seeks to analyze crime patterns associated with sexual violence perpetrated by minors. This includes examining the socio-cultural factors that contribute to such behaviors and evaluating the current legal framework's effectiveness in addressing these issues. Through this research, the author hopes to shed light on the complexities of juvenile delinquency in the context of sexual violence and to propose informed policies that can better protect minors from both committing and becoming victims of such offenses. The findings are expected to contribute to the development of a more effective criminal justice system that balances punitive measures with rehabilitative approaches, ultimately aiming to create a safer and more just society for all.

Design of Election Criminal Enforcement Through A Restorative Justice Approach in Nort Sumatra

The large number of cases of suspected election crimes at every stage of the elections in Indonesia are not balanced with a fair law enforcement design and legal certainty. The establishment of the Integrated General Election Law Enforcement Center (Sentra Gakkumdu Pemilu) apparently did not have a significant impact in effectively prosecuting perpetrators of election crimes. This research aims to examine the design of law enforcement for election crimes and analyze the application of the concept of restorative justice as an approach to law enforcement for election crimes. The results of the research, firstly, are that the complexity of the law enforcement mechanism for election crimes causes the number of reports of election crimes submitted by the public to election supervisors to be meaningless. Second, that the current law enforcement design for election crimes still prioritizes punishment, even though law enforcement prioritizes the principle of ultimum remedium in its implementation. The absence of legal loopholes in prioritizing the concept of restorative justice in enforcing election criminal law is an obstacle for the Gakkumdu Center in enforcing election criminal law. The large number of cases of suspected election crimes that occur while the resolution time is relatively short makes it difficult for law enforcement to promote election crimes to promote justice and legal certainty. So there is a need to design technical regulations in implementing restorative justice in handling election crimes in the future.

Penerapan Keadilan Restoratif oleh Bhabinkamtibmas di Kepolisian Sektor Soreang

Since the issuance of the Regulation of the Republic of Indonesia National Police No. 8 of 2021 concerning Handling of Criminal Acts Based on Restorative Justice, the National Police has increasingly emphasized its policy to implement Restorative Justice. Restorative Justice is a step to resolve problems outside of retributive law enforcement mechanisms. In restorative justice, the principle of ultimum remedium applies, where criminalization is the last alternative for punishing a crime. Therefore, there needs to be an in-depth study for Bhabinkamtibmas members regarding the implementation of Restorative Justice. The goal is for Bhabinkamtibmas members to be more professional in carrying out their duties as fosterers of public security and order, especially related to the implementation of Restorative Justice in resolving criminal cases in their environment. The method used is through interactive discussions on various problems encountered in the field and the delivery of learning materials by Abdimas. Based on the results of the implementation during PkM, there was an increase in knowledge among Bhabinkamtibmas members, especially in-depth study of the implementation of Restorative Justice, communication and conflict management. It is hoped that this can improve the professionalism of Bhabinkamtibmas members in implementing Restorative Justice in accordance with their field of duty.

LAW ENFORCEMENT POLICY ON VILLAGE FUND CORRUPTION IN INDONESIA

This study aims to examine law enforcement policies for corruption of village funds. The allocation of village funds that are large enough is very prone to corruption. Modes of corruption of village funds include embezzlement, mark ups, abuse of authority, fictitious activities or reports, and withholding of funds. Therefore, assistance and supervision are needed in managing village funds. The enforcement of village fund corruption must be emphasized on the principle of ultimumremedium and emphasize the settlement with non-penal efforts (Government Internal Supervisory Apparatus). This is because the amount of state losses due to village fund corruption is not comparable to the cost of handling village fund corruption crimes by the Prosecutors Office and the Police which reached 200 million. The problems that will be in this study are what are the causes of Village Fund corruption and what are the forms of preventive and law enforcement policies in dealing with problems related to misappropriation of village funds. The research method used is a normative research method with a statute approach and case approach and will be analyzed using content analysis.

Implementation of Local Wisdom in Stopping Prosecutions Based on Restorative Justice

The Constitution of the Republic of Indonesia guarantees certainty, order, and legal protection for every citizen. Crime Statistics in 2021 showed that the number of criminal incidents in 2020 was 247,218 incidents. During the period from 2011 to 2018, theft was the most common crime in villages/the rural community in Indonesia, reaching more than 36-45% of all crimes. The term ”law blunts upwards, sharply downwards” is still often heard as a criticism of the government from justice seekers, especially regarding law enforcement against crimes of a minor or minor nature, such as theft in rural communities. The research method used is normative juridical with a historical approach, a case approach, and a conceptual approach, with a qualitative juridical analysis of legal materials. The results of this study argue that the adoption of the value of local wisdom can be beneficial for the renewal of Indonesian criminal law. The form of renewal is the formation of criminal procedural law to stop the prosecution of light cases. The basis for its implementation can use the theoretical basis of restorative justice, the principle of ultimum remedium, and the principle of fast, simple, and low-cost justice. The form of implementation of local wisdom in the termination of prosecutions is community reparation boards and citizen panels.
 Keywords: restorative justice, local wisdom, criminal

Promoting the urgency of restorative justice to environmental law enforcement officials through civic engagement education

Although bringing cases of environmental damage to court means prioritizing the principle of primum remedium by way of retributive justice or criminal justice, it unfortunately creates various problems including the practice of corruption, collusion and nepotism. Therefore, it is necessary for law enforcement officials to understand and apply restorative justice in environmental crime, which means prioritizing the principle of ultimum remedium, through civic engagement education. This research method includes social research which also covers the field of law since it analyzes positive laws that are relevant to solving problems using literature and other sources as needed. This research uses a juridical-normative legal approach which is very dependent on the researcher's conception of positive law. The results of this study indicate that law enforcement officials should understand their position as part of the community members who have duties and authorities based on the law, so that justice and ecological goals can be achieved in efforts to preserve the environment.

The Effect of Extra Judicial Settlement in Criminal Cases Based on the Principle of Ultimum Remedium

The principle of ultimum remedium suggests that criminal sanctions should be used as a last resort when other legal avenues have been exhausted. The principle is not explicitly stated in the Indonesian Criminal Procedure Law and is often considered a mere slogan in practice. Recently, there has been a growing trend of resolving minor criminal cases outside the formal judicial process. Instead of imposing criminal penalties, conciliation or restorative justice methods are being used. In this context, restorative justice involves reaching an agreement that resolves conflict between the offender and victim. Although not specifically regulated by the Criminal Procedure Law, there has been a shift in how criminal law enforcement views minor cases, allowing for reconciliation or peace agreements. The introduction of restorative justice mechanisms by law enforcement agencies has made the practice of reconciliation more flexible, moving away from its initially punitive nature. Additionally, including peace within restorative justice indirectly strengthens the ultimum remedium principle, ensuring that criminal sanctions are truly used as a last resort in certain minor cases.

LEGAL RECONSTRUCTION ON TAX INVOICES NOT BASED ON ACTUAL TRANSACTIONS

The rampant cases of tax invoices transactions not based on actual transactions and handling that are not aligned and ignoring the principle of ultimum remedium, are crucial problems for the sustainability of the taxpayer's business that the tax authorities must immediately address. However, there have been several efforts in forming and enforcing laws in the field of taxation in terms of handling tax invoices not based on actual transactions; normative philosophical and juridical studies are needed by using the ultimum remedium principle and sustainable development buildings in answering the existing problem formulations. The findings of this study indicate that tax laws and regulations in dealing with tax invoices not based on actual transactions still ignore the ultimum remedium principle. There needs to be an ideal tax (legal) reconstruction in handling tax invoices not based on actual transactions in Indonesia through the meaning of the ultimum remedium principle and the business continuity of taxpayers. The ideal legal concept should become a policy structure, the provisions of which are contained in a Government Regulation and/or Minister of Finance Regulation.

Analisis Konsep Ultimum Remidium Terhadap Rekonstruksi Sistem Pemidanaan dalam Undang-Undang Perpajakan

Implementation of criminal sanctions in the Act No. 28 Year 2007 on General Rules of Taxation, give rise to legal issues in conceptual level. That the Tax Law, is a part of the State Administration Law, requiring forceful measures for taxpayers, especially the Taxable Entrepreneur, which in principle is a form of criminalization of administrative behavior. Criminal Law, through the principle of legality, wants a norm setting strict sanctions and obviously in the legislation, it appears to be broken in the Act No. 28 Year 2007 on General Rules of Taxation. Parameters of the crime of taxation is limited only by the elements of negligence and intentional, with the implementation under based on discretion of of the competent institution. Thus, gave rise the transactional behavior in a practical level. Therefore, the principle of ultimum remedium, becomes extremely important to avoid the use of arbitrary of discretion.

Deconstruction of the ultimum remedium basic concept on protection and management tropical biodiversity

The biological potential in Indonesia is no longer managed and protected. So far Indonesia has had biologically related laws and regulations, but its implementation is still weak and less effective. Therefore, Law No. 32 of 2009 on Environmental Protection and Management or called UUPPLH mentioned the management and protection of biodiversity based UUPPLH namely two principles in law of criminal provision, the principle of remedium ultimum which is an effort, and the principle of premium remedium that takes care of the law. So far many mistakes in interpreting the application of the principle of remedium ultimum which is said to make it difficult for law enforcement to enforce environmental criminal laws and can shackle law enforcements in carrying out task of environmental law enforcement. In addition, it is also said that the principle of remedium ultimum can also harm the environment due to violations of waste water quality standards, emissions, and disturbances that take precedence is the administration of administrative sanctions, meaning that there is no deterrent effect on perpetrators. Therefore, it is necessary to deconstruct the principle of remedium ultimum in the proper enforcement of environmental criminal law including structuring and enforcement (compliance) which can also be a view of criminal law that can be used as an instrument in the framework of protection and management of tropical biodiversity, especially the environment and can bring consequences for the intertwining of criminal law with administrative law. The results of the research are based on UUPPLH that can protect biodiversity by Indonesia and reconstruct the principle of ultimum remedium in environmental law. Research methods using normative legal research on philosophical.

Restorative Justice as a Basis for Stopping Prosecution by Prosecutors in a Human Rights Perspective

The shift in the concept of retributive justice to restorative justice has also been realized and felt by the Prosecutor's Office of the Republic of Indonesia as the institution authorized to prosecute in criminal cases. So far, the concept of retributive justice in criminal law enforcement has not been proven optimally and effectively in tackling and controlling crime. In fact, in practice it often causes injustice that violates human rights. This article is a descriptive study with a normative juridical approach that examines the literature on secondary data sources. The results obtained are, as a manifestation of the active role of the Prosecutor's Office of the Republic of Indonesia in carrying out its duties and authorities, namely law enforcement and respect for human rights, the Attorney General has issued Attorney General Regulation No. 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice. The implementation of the termination of prosecution is based on the principles that provide protection of human rights, namely the principle of justice, the principle of public interest, the principle of proportionality, the principle of ultimum remedium and the principle of quick, simple and low-cost justice. Of course, this also needs to be supported by a prosecutor with integrity, professional, progressive and not limited by written rules with the ability to explore the laws that live in society by adhering to values that uphold human rights contained in Pancasila and the 1945 Constitution.

CRIMINAL LIABILITY OF FISHERY PERPETRATOR ACCORDING TO FISHERY LAW NUMBER 45 OF 2009 CONCERNING AMENDMENT TO LAW NUMBER 31 OF 2004

Many occurrences of fisheries criminal offenses make the writer interested to learn about criminal provisions and the responsibility of the perpetrators according to Law No. 45 of 2009 concerning amendments to Law No. 31 of 2004 concerning Fishery. By studying, understanding, and analyzing these articles of law, the author significantly obtains the picture of whether this Fishery Law is appropriate and able to force the perpetrator of their responsibility for their actions. The purposes of this paper are 1) To analyze the patterns of fishery criminal so the perpetrators could be charged their responsibilities according to Law No. 45 of 2009, 2) To study and analyze how to determine the penalties according to the Law No. 45 of 2009. This paper is a qualitative descriptive. The method of this research is normative law with conceptual and institutional approaches. The result of the study showed that legislation in Indonesia relating to Fisheries, administratively, there are still several articles that are sticking out and controversy according to Law No. 45 of 2009 concerning amendments to Law No. 31 of 2004 concerning Fishery. For small fishermen who do not have a Yachting Approval Letter (SPB) in Indonesia should be subjected to administrative sanctions such as paying compensation. If administrative sanctions are not implemented, then the principle of ultimum remedium can be applied as a last choice in violations of fisheries and there are still several articles that are detrimental to the interests of the State as well as the interests of local fishermen which, if seen from criminal liability, may be imposed.

PENERAPAN ASAS ULTIMUM REMEDIUM PADA PELAKU TINDAK PIDANA PELANGGARAN BAKU MUTU LIMBAH (ANALISIS PASAL 100 UU 32 TAHUN 2009)

Regarding the crime of violation of waste quality standards stipulated in Law 32 of 2009 article 100 states that in essence every violator of waste quality standards on water quality, emissions, quality of disturbance can be punished, with a maximum imprisonment of three years and a maximum fine of three billion rupiah; Such a crime can only be imposed if the administrative sanctions that have been imposed are not obeyed or the violation is committed more than once. Therefore, from paragraph 2 article 100 is the principle of ultimum remedium in UUPPLH. Ultimum remedium was originally coined by the Dutch Minister of Justice, Mr. Modderman, according to which the principle emphasizes that what can be punished is: (1) violation of the law which is cinditio sine que non, (2) which is punishable is a violation of the law which according to experience cannot be eliminated by other means.

PENEGAKAN SANKSI DALAM HUKUM PIDANA TERHADAP PELAKU PERUSAKAN HUTAN

Forest destruction in Indonesia is threatened by severe sanctions in criminal law, because it is a forestry crime regulated on Article 12, 14, 15, 16, 17, 19-28 in Law number 18 of 2013 that concerning prevention and eradication of forest destruction. The legal instrument is expected to sanction to prevent and combat forest destruction in Indonesia. But the fact shows that the deforestation rate in the last five years forest destruction in Indonesia has reached 2.83 million ha per year. In Central Sulawesi of 2014, forest damage caused by fires was 70.73 ha. The consequence would certainly be the problem of how the role of enforcement of sanctions in criminal law to perpetrators of forest destruction . The research methods were statute approach and conceptual approach with normative legal type research and the source of legal materials were primary, secondary and tertiary, which is supported by sociological juridical research, and content analysis. The results of this research show the criminal sanction system adopted in the law on the prevention and eradication of forest destruction is a cumulative system, with the threat of maximum and minimum penalties. The threat of punishment (sanctions) is quite severe, but it is very dependent on the integrity of law enforcement in implementing criminal sanctions against perpetrators of forest destruction, because there is still a tendency for the weak enforcement of witnesses (punishments) to perpetrators of forest destruction. Enforcement of criminal law witnesses in terms of forest destruction is still strongly influenced by several factors that are closely related to the factors of effectiveness of law enforcement such as: Law, Implementing Law, Facilities and Community Legal Awareness/Culture. Other factors that influence the enforcement of legal sanctions are still weak coordination between law enforcers (Police, Prosecutors and Courts) so that it is very vulnerable to creating conflicts of interest. This is one of the obstacles in the enforcement of criminal acts in the forestry sector. And the influence on application of criminal sanctions to perpetrators of forest destruction because they are still oriented to the principle of ultimum remedium which should use primum remedium (as the main way) because the act of forest destruction is an act that can directly or indirectly endanger the humans lives.

Between the Protection and Humanity: The Implementation of Ultimum Remedium Principle in Immigration Cases

Global population mobility has an impact on legal aspects, especially in the case of immigration matters. Increased mobility of migration flows also has various impacts, not only positive but also negative impacts, for example changing the pattern of crime from domestic crime to transnational crime, from individual crime to group crime, from unorganized crime to organized (organized crime). Various administrative and criminal sanctions are applied to many immigration offenders. This paper examines in depth the application of the principle of ultimum remidium in criminal law for criminal acts of immigration in Indonesia. This study aims to find out and understand how the ultimum remedium principle is applied in Law Number 6 of 2011 concerning Immigration. In addition, this study also aims to find out and understand the factors that cause Immigration Officers to use Administrative Sanction Acts or Criminal sanctions in Law Number 6 of 2011 concerning Immigration, as well as to know and understand Immigration law enforcement practices in Law Number 6 of 2011 concerning Immigration in Indonesia. This research has confirmed and underlined that the application of administrative sanctions in the form of deportation and fines will complete the immigration legal process quickly, simply and at a modest cost and applying relatively high fines can benefit the country, hence the benchmarks for the principle of ultimum remedium can be applied in the Law Law No. 6 of 2011 concerning Immigration.

Pertanggung Jawaban Pidana dan Kaitannya dengan Pertanggungjawaban Perdata Pelaku Penelantaran Rumah Tangga

The neglect of the household in its realm belongs to the realm of civil liability, but can have implications for criminal liability. This article aims to explain the relationship between civil and criminal liability for the neglect of the household. Civil liability of perpetrators of household neglect is based on losses due to neglect of the household, so the perpetrators are required to compensate. Peberian compensation based on the principle of law that the obligations of the husband in accordance with their abilities. Criminal liability is based on the fulfillment of the actus reus element in Article 9 of the Domestic Violence Act, and the mens rea element is intentional or negligent of the perpetrator. Fulfillment of civil liability perpetrators of neglect of the house in khakhatnya eliminate the offensive nature of the perpetrator, so that it should be the basis for stopping the criminal justice process, but there is no legal mechanism that regulates. That is possible through probationary criminal institutions (Article 14a KUHP). For this reason, it is necessary to have rules related to restorative justice and the application of the principle of ultimum remedium in the rules on domestic protection that prioritize civil accountability.

IMPLIKASI POLITIK KEBIJAKAN HUKUM PIDANA DALAM UUPLH

Political Law is one of the discourses that control the existence of law.One of the realm of law that has recently received the spotlight and serious attention. Particularly related to the legal political option is the environment law that increasingly strong day include criminal law enforcement in law enforcement. There are some weak things that then have negative implications, against the enforcement of environmental laws related to the lack of cautious political choice. Since 1982 in Law No. 4 of 1982 on the Principles of Environmental Management which was changed in 1997 into Law No. 27 of 1997 on Environmental Management, the legal politics of criminal law policy has been conducted, that the criminal law policy in the realm of the environment is already a choice of legal politics in the realm of environmental law. Law Number 32 Year 2009 About PPLH as the latest generation, adds Chapter XV of the Criminal Code in its charge of 23 Articles. Law Number 32 Year 2009 contains a much more complete criminal provision than Law Number 23 Year 1997. Although there is still much to be fixed on the provisions of Law Number 32 Year 2009. Base on research shows that there are special procedural laws that regulate formal law enforcement. It is based on the principle of ultimum remedium which means that the implementation of the criminal law must wait until the effectiveness of administrative law is upheld. To minimize obstacles in enforcing environmental laws which are sometimes used by political elites to seek profit, formal laws against environmental crimes should be set up specifically with the Act.

IMPLIKASI POLITIK PENEGAKAN HUKUM PIDANA DALAM UNDANG-UNDANG NOMOR 32 TAHUN 2009TENTANG PERLINDUNGAN DAN PENGELOLAAN LINGKUNGAN HIDUP TERHADAP UPAYA PENEGAKAN HUKUM LINGKUNGAN HIDUP

Abstract: Since 1982 in Law Number 4 of 1982 concerning Environmental Management Principles which was later amended in 1997 to become Law Number 27 of 1997 concerning Environmental Management, legal politics regarding criminal law policy has been carried out. Law Number 32 of 2009 concerning Protection and Management of the Environment (UUPPLH) as the latest generation, has included criminal provisions in Chapter XV, which consists of 23 articles. The results of the study show that criminal law enforcement against formal offenses has a special procedural law, because it relates to the principle of ultimum remedium, meaning that the use of criminal law against formal offenses must wait until administrative law enforcement is declared ineffective. In order to avoid difficulties in enforcing environmental law that is sometimes used by certain elites to seek profits by looking at the gap in the weak regulations in the laws and regulations, the legislation, especially regarding formal law, must be clearly arranged, firm, not multiple interpretations.Keywords: Politic Criminal Law Enforcement, Environmental Law Enforcement

APPLICATION OF THE ULTIMUM REMEDIUM PRINCIPLE TO THE CHILDREN INVOLVED IN NARCOTIC

The focus of this study is the existence of legal principles applicable to the child ultimum remedium the doers. The issues concerning the application of the principle of ultimum How remedium against children as perpetrators Crime Narcotics. Studies conducted an empirical study aims to determine the juridical form of the application of the principle of ultimum remedium in narcotic crime committed by a child. Law Number 11 Year 2012 on Juvenile Justice System and Law Number 35 Year 2009 on Narcotics have to give freedom to the judge to apply the principle of ultimum remedium. However, the application of the principle of ultimum remedium still needs to be studied more in practice. Lack of innovation sanctions given by the judge against children as a criminal narcotics makes imprisonment remains a potent drug (by judges) in the system of juvenile justice, so that the principle of ultimum remedium that should be mandated by an Act of Justice System Child and the Law on Narcotics only limited without a popular mandate fulfilled.