Responsibility Of Perpetrators Research Articles

Juridical Review of The Legal Responsibility of Perpetrators of Corruption Offences in Indonesia

Juridical Review of The Legal Responsibility of Perpetrators of Corruption Offences in Indonesia

Analisis Hukum terhadap Pelaku Aborsi menurut Pasal 75 Ayat (2) Jo Pasal 194 Undang-Undang Nomor 17 Tahun 2023 tentang Kesehatan

Aborsi has always been a hot topic, especially regarding abortion provocatus criminalis, which is increasingly common in modern society and industries experiencing globalization. What is the criminal responsibility of abortion perpetrators based on Article 75 paragraph (2) in conjunction with Article 194 of Law No. 17 of 2023 concerning Health? To find out the legal responsibility of the perpetrator of an abortion based on Article 75 paragraph (2) in conjunction with Article 194 of Law No. 17 of 2023 concerning Health. There are also medical records that are useful in determining something related to a doctor's actions. Medical records have a very important function and role in the health sector, including in law enforcement efforts, especially proving malpractice cases in the medical field. The police should be more careful in handling abortion cases and perhaps this can be done by approaching teenagers by providing education about the dangers of having an abortion, the negative impacts of promiscuity, and the police should be able to work together with doctors or midwives who know about abortion and if Any teenager who comes to a doctor or midwife to have an abortion should be reported to the police.

Mezhgosudarstvennye otnosheniya v sfere protivodejstviya ekonomicheskoj prestupnosti pri provedenii gosudarstvennyh zakupok tovarov (rabot, uslug)

The article deals with topical issues of interstate relations in the effective counteraction to economic crime during public procurement of goods, works, and services for the needs of government authorities. The article also reveals the criminal legal aspects of the formation and development of the criminal legislation of Russia on the inevitable responsibility of perpetrators for these criminally punishable acts.

Penerapan Sanksi Pencurian Terhadap Penderita Kleptomania Menurut Hukum Positif dan Hukum Pidana Islam

One of the cases that needs to be anticipated and followed up in criminal cases is theft, which often disturbs the public. An example is the case of a criminal act of theft committed by a kleptomania sufferer by a housewife who lives in Kupang City in 2017. This research discusses the analysis of jinayah fiqh or Islamic criminal law and positive law on the application of criminal sanctions for theft based on KUPANG District Court Decision Number 32/Pid.B/2018/PN Kpg. The research method used by researchers is a normative research method which is carried out by examining laws and regulations that are directly related to the crime of theft. The results of the research that have been studied by researchers are that according to article 44 paragraph of the Criminal Code concerning the responsibility of perpetrators of criminal acts of theft who experience mental disabilities such as sufferers of kleptomania, the judge has the authority to decide on an order and send the perpetrator of the crime to a mental hospital for the longest possible time. one year, while the crime of theft by a person suffering from kleptomania according to Islamic law is not subject to a had sentence but rather a ta'zir punishment as ta'dib or teaching in the form of a rehabilitation sentence and a fine which is accountable to the victim.

Evaluating the Individual Criminal Responsibility of Gukurahundi Perpetrators under International Law

The aim of this article is to evaluate whether individual criminal responsibility (ICR) is attributable to perpetrators of the Gukurahundi atrocities committed in Matabeleland and Midlands, Zimbabwe, between 1983 and 1987. The criminal liability of Gukurahundi perpetrators is evaluated against the legal requirements garnered from conventions, jurisprudence of international criminal tribunals and the work of leading scholars. Firstly, the article provides an overview and historical development of the concept of ICR under international law. Second, it examines the theories of criminality under international law. Third, it analyses the forms and modalities of ICR including relevant specific crimes. Fourth, it evaluates the individual and superior responsibility of Gukurahundi perpetrators. A crucial feature of international criminal law is the legal obligation to investigate, prosecute and punish perpetrators of international crimes. The article therefore explores the different ways in which ICR could be attributed to perpetrators of the Gukurahundi international crimes. The author sets out to advance knowledge and understanding of possible mechanisms to hold perpetrators of the Gukurahundi atrocities criminally accountable under international law.

Pertimbangan Hakim dalam Memutus Perkara Tindak Pidana Kekerasan Dalam Rumah Tangga

This study aims to find out and understand the judge's considerations, which is one aspect that is crucial in determining the realization of the value of a judge's decision that gives a sense of justice (ex aequo et bono). From legal considerations that are considered prismatically, it will produce values ​​of legal certainty, justice, and benefits simultaneously. This research is a normative legal research conducted by examining laws and regulations, books, and journals related to the writing theme. Based on the results of the research, it was concluded that the criminal responsibility of perpetrators of domestic violence based on court decisions consists of 2 components, namely juridical considerations, namely judgments made by judges based on judicial facts that were revealed at trials determined by law and required to be included in decisions and non-juridical considerations based on legal provisions and a sense of social justice. As for implementing restorative justice in domestic violence cases, it is applied as a consideration to protect family coherence, especially in fortifying children's futures. Humans think the best way to help victims of crime is to catch the criminals. By paying attention to the Law on the Elimination of Domestic Violence and the Criminal Procedure Code, the results of court decisions relating to crimes of domestic violence consider the concept of punishment based on restorative justice which is oriented towards recovery efforts and the interests of the perpetrator and the victim of the crime carried out through 5 methods, namely the sufferer culprit mediation, own family organization conferencing, restorative conferencing, community restorative forums, and restorative circles or restorative

Responsibility of Perpetrators of Murder with Same-Sex Romance Motive (Study of Decision Number: 64/Pid.B/2022/PN. Kot)

Background. It is hoped that the judge will give a severe criminal verdict against the perpetrators of the crime of murder in order to have a deterrent effect on the perpetrators of the crime. Purpose. Gambling is a prohibited act as stipulated in Article 303 of the Criminal Code, 303 bis of the Criminal Code, and Article 27 paragraph (2) of the Law on information and electronic transactions. In verdict number 233/Pid.B/2022/Pn.Cbd the author found a discrepancy in the application of the article, so the problem in this study is "How is the application of the law of online gambling in verdict number 232/Pid.B/2022/Pn.Cbd?". Method. This research uses normative juridical types contained in laws and court decisions, as well as legal norms that exist in society. Results. The consideration of the judge in the verdict of the murder case with same-sex romance motive considers the criminal elements in the indictment, considers the justification and excuse as the basis for removing criminal liability for the defendant and considers the aggravating and mitigating circumstances by stating that the defendant has been legally and convincingly proven guilty of committing the crime of participating in premeditated murder as charged in the first alternative primair indictment of the Public Prosecutor and imposing a sentence on the Defendant therefore with imprisonment for 17 (seventeen) years. Conclusion. The conclusion of this research is the accountability of the perpetrator of the crime of murder with the motive of same-sex romance is the ability of the defendant to be accountable for his actions through the mechanism of the criminal justice process to decide the criminal penalty for the defendant.

Criminal Responsibility Of Defamation Under The Indonesian Criminal Law

The Research, "Responsibility of Defamation Actors in Indonesian Positive Law Studies" aims to describe the arrangements for criminal acts of defamation in the Indonesian criminal law system as well as analyze criminal responsibility for perpetrators of defamation in the Indonesian criminal law system. This research is a normative legal research, which examines laws and regulations in a coherent legal system as well as unwritten legal values ??that live in society, which are related to the responsibility of perpetrators of defamation in the perspective of positive law in Indonesia. The results of the research can be presented in an outline: Arrangements for criminal acts of defamation in Indonesian criminal law are regulated in the Criminal Code (KUHP), and the Law of the Republic of Indonesia Number 19 of 2016 concerning Amendments to the Law of the Republic of Indonesia No. 11 of 2008 concerning Information and Electronic Transactions. The Criminal Code regulates Article 310 paragraph (1) and paragraph (2), as well as Article 311 paragraph (1) of the Criminal Code. Whereas in the Law of the Republic of Indonesia Number 19 of 2016 concerning Amendments to the Law of the Republic of Indonesia No. 11 of 2008 concerning Information and Electronic Transactions regulated in Article 27 paragraph (3); Criminal responsibility for defamation in the Indonesian criminal law system is borne by anyone who intentionally attacks the reputation or reputation of a person, by accusing something with clear intentions so that it is publicly known (Article 310 paragraph (1) of the Criminal Code), and is also borne by every a person who intentionally and without rights distributes and/or transmits and/or makes accessible Electronic Information and/or Electronic Documents that contain insults and/or defamation (Article 27 paragraph (3) of Law Number 19 of 2016 concerning Amendments to Law of the Republic of Indonesia No. 11 of 2008 concerning Information and Electronic Transactions

Criminal Liability Against Perpetrators of HOAX Spread in Indonesia

The purpose of this article is to explain and examine the responsibility of perpetrators in the criminal act of disseminating information in the form of misleading fake news, especially based on Law Number 11 of 2008, let alone the blurring of norms related to the phrase fake and misleading news. One of the main problems of crime that occurs in society is the use of social media so the government needs to support the development of information technology through legal infrastructure and regulation so that the use of information technology must be carried out safely to prevent its misuse by taking into account the religious and socio-cultural values of the Indonesian people. This article is in the form of normative juridical research that is useful for finding solutions to legal issues that are the focus of study. The results showed that the perpetrators of spreading false news apply the principle "what must be proven is about the inability to be criminally responsible, and not about the ability to be criminally responsible" so that it can produce a fair legal decision as well as certainty and usefulness. If proven, the perpetrator can be sentenced based on the provisions in Article 28 paragraph (1) of the Electronic Information and Transaction Law with criminal threats based on Article 45A paragraph (1) of Law 19 Number 2016 with a maximum imprisonment of 6 (six) years and/or a maximum fine of IDR 1 billion.

Pertanggungjawaban Pidana Pelaku Pencabulan terhadap Anak yang Dilakukan oleh Anak Ditinjau dari Undang-Undang Perlindungan Anak & Sistem Peradilan Pidana Anak

Children are subjects that cannot be separated from the survival of humans, the nation and the state because children are the next generation of the nation. In line with the rapid development of the times and supported by several factors of juvenile delinquency, low intelligence, minimal education, bad association of children and the mass media (shows that tend to be unfavorable) are the causes of a crime. Crimes that are mostly committed by children, for example sexual abuse. This study aims to determine the process of criminal justice against children who are in conflict with the law and to find out about the criminal responsibility of perpetrators of sexual abuse of children committed by children. The nature of the research used is analytical descriptive with a normative juridical approach. The criminal justice process for children in conflict with the law is carried out by prioritizing the concept of restorative justice to protect juvenile offenders which is currently adopted in Law No. 11 of 2012 concerning the juvenile justice system through the diversion system. Criminal responsibility for children as subject actors must prioritize the principles of protection, justice, non-discrimination, the best interests of the child, respect for the child's opinion, continuity and development of the child, guidance and guidance for children, the principle of proportionality, deprivation of liberty and punishment for children is an effort final or ultimum remedium. Keywords: Criminal Liability, Children, Obscenity

The Juridical Analysis of Criminal Responsibility Performer on Children

The purpose of this study was to identify and analyze the factors that influence the occurrence of criminal acts of sexual abuse against children. To find out and analyze the criminal responsibility of perpetrators of sexual abuse against children. The method used by the researcher is empirical juridical approach and the specifications in this study were descriptive. The sources of data in this study were secondary data obtained from literature studies and the processing of the researched data was then analyzed qualitatively, namely the analysis of the data to produce data that was systematically arranged based on the laws and regulations, the opinions of experts and the results of the author's research. Based on the results of the study that Factors Affecting the Occurrence of the Crime of Child Abuse as follows: Environmental Factors, Cultural Factors, Economic Factors and Educational Factors.Criminal Liability of Perpetrators of Obscenity Against Children is prosecute perpetrators with criminal sanctions for perpetrators of sexual abuse of children according to the Criminal Code (KUHP), namely article 289. And with criminal sanctions for perpetrators of sexual abuse of minors according to Act No. 23 of 2002 concerning Child Protection, namely article 82.

POLICE APPARATUS ROLE IN DETERMINING THE PERPETRATORS’ RESPONSIBILITY FOR DESTRUCTION OF GOODS CONDUCTED BY COMMUNITY (IN CASE OF TRAFFIC ACCIDENTS IN KAUR)

On Sunday of August 2nd, 2015 in Tanjung Harapan highway, Semidang Gumay District of Kaur Regency there has been a vigilantism (Eigenrichting) in the form of destruction and burning of one (1) unit of car that carried out jointly by the community, but until the study was conducted, there has been no follow-up for perpetrators of the destruction and burning of the car, so it raises the question whether the actions taken by community in Tanjung Harapan Village cannot be prosecuted. The purpose of this study was to determine how the role of Police Apparatus in determining the responsibility of perpetrators for destruction and burning of the car. The results showed that the role of Police in determining the responsibility of perpetrators for destruction of goods conducted by community was as the investigators in that case, and must make a report of criminal acts as referred to Article 6 Paragraph (1) and Paragraph (2) of Head of the Indonesian Police (PERKAP) Number 12 of 2009, then these reports provide a basis for investigation in accordance with the provisions laid down in the Criminal Code. Police as investigators may use Article 406 Paragraph (1) and Article 170 of the Criminal Code as a chapter of suspicion in the investigation process against the destruction of goods conducted jointly by the members of the community in Tanjung Harapan Village of Kaur Regency.

Komandna odgovornost

As a part of the presentation in this paper, we will deal with one of a number of specific characteristics arisen while determining the criminal responsibility of perpetrators of international crimes, the one related to the institute of command responsibility, which are familiar with the statutes of both ad hoc tribunals (the Statute of the Tribunal in the Hague of 1993 and the International Criminal Tribunal for Rwanda of 1994), as well as the so - called the Rome Statute from 1998. In these statutes, it is set in such a way that, in one of its parts, it contradicts the basic criminal law institutes (the principle of individual subjective responsibility, the principle of justice). However, in accordance with the assumed international obligations, this institute was introduced to the criminal law system of Republic of Serbia on January 1st 2006, by prescribing, within Article 384 of the Criminal Code of Republic of Serbia, a real criminal offense of omission, which is also the subject of this paper.

Measurement of supportive attitudes towards intimate partner violence against women among a Spanish-speaker sample.

Intimate partner violence is the most common type of violence against women. Attitudes towards this violence are increasingly recognized as key to understanding this social and public health problem because a social environment that accepts or even supports it creates a climate that breeds further violence and encourages their perpetration. The evidence available shows that these attitudes are influenced by different individual, organizational and community factors, and that the supportive attitudes are generally more common among males, and among older and less educated people. This paper presents two cross-sectional studies which aim to obtain a deeper understanding of supportive attitudes towards intimate partner violence against women in a Spanish-speakers context. Results obtained show that the two questionnaires used may be useful for evaluating supporting attitudes towards this violence in Spanish-speaking samples. Thus, the Inventory of Distorted Thoughts about Women and Violence (IPDMV), one of the one of the most widely used tools to this aim among Spanish-speakers, includes information regarding the minimization of this violence and the responsibility of perpetrators, and it seems better able to capture the effect of previous training, which would be consistent with the fact that it was initially designed to detect the effects of interventions; and the Inventory of Beliefs about Intimate Partner Violence (IBIPV), a new tool recently designed to this aim, is more focused on supportive attitudes and seems more effective for capturing differences between men and women in blaming victims and exonerating perpetrators. Additionally, the results obtained allow us to complement previous studies on the effects that factors such as gender, age, or previous training have on supportive attitudes towards intimate partner violence against women.

On the issue of responsibility of officials for violation of the rights of entrepreneurs

The article is devoted to analysis of the effectiveness of the response of officials of state bodies and organizations to violations of the rights of entrepreneurs, ensuring their protection. One of the key indicators for assessing the performance of officials is the appeal of business entities. The work focuses on the characteristic violations of the rights of entrepreneurs encountered in law enforcement practice, as well as on the problems of legislative regulation of the responsibility of perpetrators. Along with officials of various bodies and organizations, violations of the rights of entrepreneurs are allowed by the law enforcement officials. The provision of Article 32 of the Code of the Republic of Kazakhstan On Administrative Infractions, according to which the law enforcement officials for administrative offenses, committed in the performance of official duties, are liable in accordance with regulatory legal acts regulating the procedure for serving in the relevant authorities, requires appropriate attention. The work also concludes that at present there is a need to distinguish between the limits of administrative and criminal liability, to specify at the legislative level the categories as «Illegal interference in entrepreneurial activity», «Interfering with legal entrepreneurial activity», and «Corporate raiding».

ANALYSIS OF THE ACCOUNTABILITY OF CRIMINAL ACTIVITIES IN THE EIGHT OF THE LUWAK POWDER COFFEE IN PD. SUMBER BUANA ABADI (Study of Decision Number 307 / Pid.B / 2018 / PN.Kla)

One form of embezzlement is in the Decision of the Kalianda District Court of South Lampung Number 307 / Pid.B / 2018 / PN.Kla which states that Defendant Selamet Riyadi Bin Tugino has been proven legally and convincingly guilty of committing a criminal offense " The problem in the research is why the perpetrators committed the crime of embezzling civet coffee in PD. Sumber Buana Abadi based on Decision Number 307 / Pid.B / 2018 / PN.Kla and how the responsibility of perpetrators of criminal acts of embezzlement of civet coffee in PD. Sumber Buana Abadi based on Decision Number 307 / Pid.B / 2018 / PN.Kla. The research method uses a normative and empirical juridical approach, where the normative juridical approach is carried out by studying legal norms or rules, legal principles, while the empirical approach is conducted by direct interviews with informants who will relate to research problems, data analysis used is qualitative juridical. The results of the study showed that the causes of the perpetrators committed the crime of embezzling civet coffee in PD. Sumber Buana Abadi, based on Decision Number 307 / Pid.B / 2018 / PN.Kla, is a mentality of workers, a fulfillment of life necessities, an intention and opportunity and a greedy attitude from humans. The most dominant factor is the urgent need for money from the perpetrators. Criminal liability perpetrators of criminal acts of embezzlement of civet coffee in PD. Sumber Buana Abadi based on Decision Number 307 / Pid.B / 2018 / PN.Kla is where the defendant Selamet Riyadi Bin Tugino has been proven legally and convincingly guilty of committing a criminal offense "Also Participating in Crime of Emblem". Sentenced to Defendant because of that with imprisonment for 10 (ten) months. Determine the period of arrest and detention that has been carried out by the Defendant to be deducted entirely from the sentence handed down. Determine the Defendant to remain detained. As well as imposing on the Defendant to pay court fees in the amount of Rp. 2,000 (two thousand rupiah). Saran, it is expected that the Judge in carrying out consideration prioritizes a sense of justice for victims, defendants and the public. It is expected that the Public Prosecutor in applying the criminal or in giving a claim to the defendant must be in accordance with the actions of the defendant because this is the judge's reference in making his decision.

Skirting Around the Issue: Misdirection and Linguistic Avoidance in Parliamentary Discourses on Upskirting.

Discourses on men's violence against women have long been associated with linguistic avoidance and communicative strategies that obscure the responsibility of male perpetrators. Linguistic avoidance does not only obfuscate the responsibility of male perpetrators; such strategies also hide the norms and attitudes that underpin much of men's violence against women. Such techniques represent a form of misdirection: communicative strategies that draw attention away from the true causes or nature of an issue. To demonstrate misdirection in action, I conduct a feminist critical discourse analysis of Australian parliamentarians' speech acts during the criminalization of upskirting in Victoria in 2007.

Heterosexual students’ accounts of teachers as perpetrators and recipients of homophobia

This paper is concerned with how teachers manage homophobia at school. It examines how they deal with homophobia directed at students, and instances when teachers become the recipients of homophobia themselves. This dual focus, on teachers as both the perpetrators and recipients of homophobia, adds complexity to existing studies concerning how homophobia operates in schools. In previous studies, it has been LGBTIQA+ teachers who have provided accounts of homophobia they have experienced. In this research, heterosexual students offer these narratives. Via these accounts, students acknowledge and corroborate teachers’ voices in other studies. Students’ depictions also reveal nuances in homophobia’s operation and that heterosexual teachers can sometimes be its target. In existing literature, LGBTIQA+ students typically provide narratives about whether teachers are effective at addressing homophobia. In the current study, heterosexual students deliver these accounts, confirming their LGBTIQA+ peers’ assessment that teachers often ignore homophobia or respond ineffectually. When heterosexual students identify homophobia, they lift the burden for acknowledging and addressing this discrimination from the LGBTIQA+ community. Retelling incidents in this way, recognizes homophobia is not the sole responsibility of individual perpetrators and recipients, but an issue that implicates the whole school and its culture.

PENGAJUAN DAN PEMBERIAN HAK RESTITUSI BAGI ANAK YANG MENJADI KORBAN KEJAHATAN SEKSUAL

This paper aims to analyze the mechanism for submitting and granting restitution as the responsibility of perpetrators of crimes. This is to fulfill the rights of children who are victims of criminal acts. The implemented provisions governing the submission and granting of restitution are regulated in PP No. 44 of 2008 and PP No. 43 of 2017. However, the implementation of the restitution provision,which is the right of the child (victim), has not been fully implemented due to a lack of maximum assistance by the relevant government, such us fulfilling the rights of victims to obtain rehabilitation, compensation and restitution as a form of protection of children after the occurrence of a crime for the loss suffered by the child and / or the family of the victim. This study uses doctrinal research (doctrinal legal research), while the approach used is (socio-legal studies) an effort to explore a problem by not only fulfilling the study of legal norms or doctrines, but also looking comprehensively at the context of norms and enforcement. The results showed that the submission of restitution stipulated in Government Regulation No. 43 of 2017 outlines that restitution is a compensation payment charged to the perpetrator based on a court decision. It has permanent legal force for material and immaterial losses suffered by the victim or his family, as in the case of giving restitution for a non specifically regulated the period of payment and a rejection of payments from perpetrators of sexual crimes.

Like Dust before the Wind, or, the Winds of Change? The Influence of International Criminal Tribunals on Narratives and Media Frames

Abstract∞ When created, international criminal tribunals (ICTs) were not only expected to do justice but also to provide stabilization to postconflict regions, contribute to reconciliation and curb the potential denial of atrocities. Based on media content analysis, this article examines whether controversial ICT decisions triggered changes in narratives or frames about the conflicts which formed the background of the respective ICT decisions. There is no evidence for dramatic changes in the preexisting narratives about these conflicts, but we found some cases in which tribunal decisions caused changes in media frames and in elements of such frames, mostly by emphasizing outgroup victimhood and individual responsibility of ingroup perpetrators, as well as triggering effects of collective guilt externalization. Although frame changes were often observed in both democratic and nondemocratic countries, only in democratic countries with pluralist and competitive media systems could they be attributed to tribunal decisions.