Criminal Law Review Research Articles

Review of Criminal Law Against Illegal Broadcasting Actions on Paid Football Shows

This study aims to analyze criminal law arrangements in handling illegal broadcasting of paid football shows and to analyze the legal position of illegal broadcast service providers on paid football shows based on criminal law provisions. This type of research that is used normative juridical method by examining the application of positive legal norms. Which consists of normative legal research by using methods of obtaining and analyzing secondary data and empirical legal research methods, namely by obtaining and analyzing primary data by conducting interviews with relevant sources. Then analyzed qualitatively and arranged systematically. The results of this study show that, 1) criminal law arrangements in handling illegal broadcasting of paid football broadcasts have been regulated in statutory provisions, including Law no. 28 of 2014 concerning Copyright, Law No. 19 of 2016 concerning Amendments to Law No. 11 of 2008 concerning Information and Electronic Transactions, as well as the values ​​contained in Law no. 32 of 2002 concerning Broadcasting. Even though it has been regulated, there are still many violations that occur.

A Review of Criminal Law on The Phenomenon of Teenage Illegal Sprint Racing during Ramadan

Illegal sprint racing is a prominent type of adolescent delinquency in Indonesia, especially during Ramadan. This occurrence not only undermines public order but also violates various applicable laws. This study employs a normative legal approach, with a focus on legal principles, to identify positive legal doctrines relevant to the phenomenon of illegal sprint racing. A case study approach is used to investigate various aspects of the phenomenon using primary legal texts such as the Law on Roads, the Law on Road Traffic and Transport, and the Law on Policing. The investigation found that illicit sprint racing without appropriate license is a severe violation of the law. The findings demonstrate the critical role that law enforcement plays in preserving community welfare, security, and order in locations that are frequently the scene of illicit sprint racing. Repressive law enforcement, more frequent patrols, and raising community understanding of the law are all effective ways to address this issue. The goal of socializing legal awareness is to increase community knowledge of relevant laws and regulations, and routine patrols are carried out to stop and identify illegal activity before it gets a chance to start. Repressive law enforcement makes it clear to offenders that their actions will not be accepted.

Sanctions Against Criminal Acts of Gambling on Skill Games Shooting Fish in the Legal Area of the Medan District Court

One of the gambling cases that was decided through the Medan District Court was the fish shooting gambling case, decision number 2452/Pid.B/2021/PN Mdn.Currently, many fish shooting games are found as gambling games in the community. The consequences of shooting fish gambling bring things that are not good financially and disrupt people's mindsets. The formulation of the problem that is made is How are the Sanctions in the Crime of Gambling Fish Shooting Game in the Medan District Court?, How is the Review of Criminal Law Against the Crime of Gambling Fish Shooting Game? This research uses normative research methods in the form of primary and secondary data sources which are then analyzed using descriptive analysis techniques with a deductive mindset. The results of the research are first, the decision of the District Court number 2452/Pid.B/2021/PN Mdn regarding the crime of gambling fish shooting agility games based on Article 303 Bis paragraph (1) 1 of the Criminal Code, which is to impose a prison sentence of 1 (one) year. ) year. Followed by the testimony of witnesses, defendants, evidence and considering things that are aggravating and mitigating for the defendant when determining the sentence of criminal sanctions.

Corrigendum to: ‘Children Born of War: The Recognition of Children Born of War as Victims in the Ongwen Case’, 24(1) International Criminal Law Review (2024) 53–79 (doi 10.1163/15718123-bja10171).

Corrigendum to: ‘Children Born of War: The Recognition of Children Born of War as Victims in the Ongwen Case’, 24(1) International Criminal Law Review (2024) 53–79 (doi 10.1163/15718123-bja10171).

Criminal Law Review of Corruption Crimes from an International Law Perspective

This study explores the application of the principle of legality in specific crimes, focusing on narcotics offences. The research examines the principle's role in ensuring legality and its impact on the adjudication of narcotics-related crimes. Utilizing a qualitative research method, this study employs legal analysis to address gaps between statutory provisions and their implementation in judicial practices. Key findings indicate that while the principle of legality is foundational in criminal law, its application in narcotics cases reveals inconsistencies that affect legal certainty and fairness. The research highlights the need for clearer legal frameworks and more stringent judicial oversight to uphold the principle's effectiveness. Implications of these findings suggest reforms to enhance the alignment between legal standards and judicial practices in narcotics offences.

Criminal Law Review of Accident Victims' Personal Data Protection Rights

Criminal Law Review of Accident Victims' Personal Data Protection Rights

Aspects of restitution in cases of sexual violence against children: a review of criminal law and its impact on victims

This article investigates aspects of restitution in cases of sexual violence against children, focusing on criminal law review and its impact on victims. Sexual violence against children is a severe problem that requires careful legal and judicial attention. One aspect often overlooked is the issue of restitution, which is an effort to compensate for the losses suffered by victims. This research aims to identify issues related to restitution in cases of sexual violence against children and analyze the impact on victims. This study uses a criminal law approach and analyzes various legal provisions relating to restitution in the context of sexual violence against children. We also reviewed previous research on this issue and interviewed legal experts experienced in handling cases of sexual violence against children. The research results show that restitution is often ignored in the judicial process and does not receive the attention it deserves. Victims of sexual violence against children often experience severe physical, emotional, and psychological harm. Therefore, it is essential to consider the role of restitution in helping victims recover and obtain fair compensation for their losses. This study also discusses several challenges in implementing restitution in cases of sexual violence against children and provides recommendations to improve the protection and recovery of victims.

PENYEBARAN SPOILER DI MEDIA TIKTOK TERHADAP FILM SPIDERMAN: NO WAY HOME PERSPEKTIF HUKUM PIDANA ISLAM

Spiderman: No Way Home will be released on December 15, 2021. Spoilers for this film are circulating on the internet, especially on the Tiktok application which is currently being used. The problem with this spoiler, the author found accounts that spread spoilers for the Spiderman: No Way Home movie by uploading snippets of the film on Tiktok media. This is where the formulation of the problem emerges as follows: 1) How is the crime of spreading spoilers on Tiktok media in the case of the Spiderman: No Way Home film? 2) How does Islamic criminal law review the spread of spoilers on Tiktok in the case of the Spiderman: No Way Home film? This research is a normative juridical research. The research method in this study is through a library research approach, with the data used are secondary data, and the sources of data taken in this study are primary, secondary and tertiary legal materials. The data collection is carried out by literature study of legal materials obtained from data that has been processed and obtained from research results, then collected, read, recorded and described by inductive thinking, namely from general to specific questions so that the results are presented. research results can be easily understood. Based on the results of this thesis research, it can be concluded that: 1) The crime of spreading spoilers in the Tiktok media against the Spiderman no way home case is a cyber crime in the form of offense against intellectual property, namely a crime against intellectual property rights. Spoiler actions violate article 32 of the ITE Law, because spoilers are categorized as "transmission" actions and the sanctions are a maximum imprisonment of eight years and/or a fine of two billion, as regulated in article 47 of the ITE Law. 2) A review of Islamic criminal law on the spread of spoilers on Tiktok media in the case of the film Spiderman: No Way Home, namely that spoilers are the act of taking other people's work without permission or plagiarism. Plagiarism can be categorized as an act of theft. So in Islamic crime the sanction for the perpetrator is cutting off his hand as in the letter Al-Maidah verse 38. However, the theft in the form of spoilers does not meet the conditions for the hadd punishment, thus requiring the ta'zir punishment.
 Keywords: Spread, Spoiler, Tiktok

Theoretical Review of Experiments (Poging) in the Criminal Code

Probation Institute regulated in the Criminal Code called poging according to doctrine is a crime that has been started, but has not been completed or is not perfect, the Criminal Code can threaten an act in order to prevent the occurrence of victims. The Problem Formulation is: How is the Criminal Law Review related to Experiments (poging) in Indonesia?, while the Research Method used is Normative Research, which is obtained from documents or library materials. The objective probation theory that the basis for the conviction of probation is because the act has endangered a legal interest, and the subjective theory of probation that the basis for the conviction of probation is the harmful nature of the perpetrator.

TINJAUAN HUKUM PIDANA TERHADAP PERTIMBANGAN PUTUSAN LEPAS HAKIM PADA TINDAK PIDANA KORUPSI TANAH KAS DESA KEMBANGSONO (STUDI PUTUSAN NOMOR 281 PK/PID.SUS/2021)

This study aims to find out and examine the criminal law arrangements for corruption in Indonesia and examine through a review of criminal law regarding the basis for the judge's legal considerations in imposing a release decision on decision number 281 PK/Pid.sus/2021. The legal research method used by the author is a prescriptive normative legal research method. The approach used in writing this law is a case approach and a statutory approach. The collection technique used by the author is a literature study by reviewing and studying primary and secondary legal materials. Technical analysis of data using the deduction method. The results of this study indicate that regarding criminal law arrangements related to criminal acts of corruption regulated in Law Number 31 of 1999 jo. Law Number 20 of 2001. Apart from that, from the review decision that has been reviewed, the author is of the opinion that the acquittal decision handed down by the panel of judges at the Supreme Court was appropriate and accurate because the actions committed by the convict did not fulfill the elements required contained in the formulation of the articles.

Criminal Law Review of Meth Sales Transactions Which are Evidenced by Police Officers According to Law Number 35 of 2009 Concerning Narcotics in the Jurisdiction of the Bukit Tinggi Police

Article 44 of Law Number 8 of 1981 concerning the Criminal Procedure Law regulates the governance of evidence. This study aims to find out and analyze criminal law arrangements for police members who abuse narcotics and psychotropics. As well as knowing and analyzing the policies of the chief of police of the Republic of Indonesia regarding law enforcement against members of the Indonesian national police who are involved in criminal acts of drug abuse. This research belongs to the normative type of research. So that it can be known that the legal process against the police who commit criminal acts is in accordance with Article 29 paragraph (1) of Law Number 2 of 2002 concerning the National Police of the Republic of Indonesia. Police officers must carry out a police code of conduct hearing, and if proven guilty by being sentenced to more than 5 (five) years. Then the police officer can be immediately dismissed with disrespect from his agency or removed from office if the sentence imposed is less than 5 (five) years. In addition, the increasing number of Narcotics cases among Police officials is a result of the weak implementation of the law among the police.

Between Philosophy and International Criminal Law: Examples of Interdisciplinary Approaches

Abstract This introduction is written by the two guest editors for a Special Issue of International Criminal Law Review entitled ‘Between Philosophy and International Criminal Law: Examples of Interdisciplinary Approaches.’ The text briefly explains the need for interdisciplinary research on law, meaning that the scholarly approaches are not limited to the theoretical foundations and methodologies of international criminal law (icl) and international Criminal Justice (icj). The introduction also provides an interdisciplinary snapshot of a selection of seven contributions, which represent a broad spectrum of examples.

Analysis of Motor Vehicle Accidents due to Damaged Roads

The obligation to maintain roads has been regulated in Article 24 of the Road Traffic Traffic Law and criminal sanctions in Article 273 of the Road Traffic Traffic Law. Accidents caused by damaged roads occur quite often, but they are still common in society so that accident victims report their losses to the authorities so it is not uncommon to find cases that have advanced to court. This paper aims to find out how law enforcement is against road administrators who are negligent and what factors are the obstacles. case (case approach), while the data sources used are secondary data sources, data collection techniques through library research, and analyzed by qualitative analysis. Based on the results of the study that the review of criminal law in cases of traffic accidents due to the impact of road damage is based on the description of article 273 of Law Number 22 of 2009 concerning Road Traffic and Transportation, the material crime committed by road administrators is a passive crime that does not pure.

Penerapan Teori Diversi Terhadap Kasus Anak Ditinjau Dari Hukum Pidana Islam

The problem in this study is the application of diversion at the Padangsidimpuan Police Station in terms of Islamic Criminal Law. The type of research used in this research is field research, using a Juridical Empirical approach, primary data sources are Padangsidimpuan City Police investigators and secondary data sources are books, journals and others. Data collection techniques used consisted of interviews, observation, and documentation. Qualitative descriptive data analysis techniques. The results of this study are the application of diversion efforts at the Padangsidimpuan City Police has not been fully implemented in accordance with Law Number 11 of 2012 concerning the Juvenile Criminal Justice System by taking into account the best interests of children (victims and suspects), the parties invited for diversion include: victims and family, suspect and family, BAPAS, Bapemas, institutions or social organizations accompanying children. Islamic Criminal Law Review In Islah, criminal acts that cannot be pursued are criminal acts that fall into the Hudud category such as adultery, accusing adultery, alcohol, apostasy and rebellion. Apart from these categories, peaceful means can be taken even if it involves serious crimes such as murder and so on. While in diversion, the benchmark is the period of confinement. Peace efforts can be pursued while threatened with imprisonment under 7 years and not a recidivist.

Review of Criminal Law on The Practice of Cockfighting Gambling In Civil Activities In Mamasa (Case Study of Mamasa Regency)

In customary activities in the Mamasa community, we can find an activity called Rambusolo, where this activity is a customary activity in every death event in honor of those who have died. In this study the authors used a type of qualitative research by visiting the research location and conducting interviews with informants who were considered competent and knew about the cases raised. The data sources for this research are primary data sources obtained from interviews and direct observation and also secondary data sources obtained from books and other literature as well as existing journals. Rambusolo is a traditional Mamasa regency activity which is still maintained today. In this activity, several traditional rituals are carried out, such as buffalo fights, cockfights, etc. In cockfighting activities there are several activities that use money fights in the form of gambling, while our positive law clearly prohibits it strictly in the Criminal Code, articles 303 and 303 bis.

International Criminal Law Review

International Criminal Law Review

The Kiwi Way

Essay| April 01 2021 The Kiwi Way: New Zealand’s Approach to the Exclusion in Criminal Trials of Evidence Improperly Obtained by the Police Scott Optican Scott Optican Associate Professor, The University of Auckland Faculty of Law, New Zealand. Search for other works by this author on: This Site PubMed Google Scholar New Criminal Law Review (2021) 24 (2): 254–270. https://doi.org/10.1525/nclr.2021.24.2.254 Views Icon Views Article contents Figures & tables Video Audio Supplementary Data Share Icon Share Facebook Twitter LinkedIn Email Tools Icon Tools Get Permissions Cite Icon Cite Search Site Citation Scott Optican; The Kiwi Way: New Zealand’s Approach to the Exclusion in Criminal Trials of Evidence Improperly Obtained by the Police. New Criminal Law Review 1 April 2021; 24 (2): 254–270. doi: https://doi.org/10.1525/nclr.2021.24.2.254 Download citation file: Ris (Zotero) Reference Manager EasyBib Bookends Mendeley Papers EndNote RefWorks BibTex toolbar search Search nav search search input Search input auto suggest search filter All ContentNew Criminal Law Review Search Keywords: criminal evidence, criminal trials, exclusion of evidence, New Zealand, Bill of Rights, comparative law This content is only available via PDF. © 2021 by The Regents of the University of California2021 Article PDF first page preview Close Modal You do not currently have access to this content.

Kajian Hukum Pidana Terhadap Penetapan Tersangka Dengan Alat Bukti Yang Sudah Digunakan Dalam Perkara Orang Lain (Analisis Putusan Nomor 97/PID.PRAP/2017/PN.JKT.SEL)

The regulation regarding the appointment of a person as a suspect based on evidence that has been used in other cases is not legally found. However, the determination of a suspect must be based on sufficient preliminary evidence, that is, with the minimum 2 (tools) of evidence as stipulated in Article 1 point 14 KUHAP Jo. Article 66 paragraph (1) and paragraph (2) of the National Police Regulation Number 12 of 2009. Criminal law review of the determination of a suspect with evidence that has been used in someone else's case (Analysis of Decision Number 97 / Pid. Prap / 2017 / PN.Jkt. Cell) is based on pretrial decision no. 97 / pid.prap / 2017 / pn.jkt.sel that with Judge Cepi Iskandar's consideration there would be the possibility of becoming a new jurisprudence. If a new jurisprudence is made, then in resolving a criminal case with inclusion such as corruption where the suspect's statement cannot later be used as the development of further investigations for other suspects.

채무면탈목적 살인에 대한 형법적 평가

채무면탈목적 살인에 대한 형법적 평가

Hukuman Tambahan Berupa Pembayaran Ganti Rugi bagi Pelaku Tindak Pidana Korupsi dalam Undang-Undang Tipikor Perspektif Hukum Pidana Islam

Corruption is a crime that can be categorized as an extraordinary crime because it has damaged not only state finances and the country's economic potential, but has also destroyed the socio-cultural pillars, political morals and the legal system of national security. The focus of the problems examined in these theses are 1) How to implement additional penalties for perpetrators of criminal acts of corruption in the form of compensation payments in article 18 paragraph (1) Letter b Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 concerning eradication corruption. 2) How does Islamic criminal law review the implementation of additional penalties for perpetrators of criminal acts of corruption in the form of replacement money in article 18 paragraph (1) letter b of Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 concerning the eradication of corruption? Based on Islamic criminal law, compensation in the form of payment is included in the category of additional punishment ('Uqubah Taba'iyah) which follows the basic sentence without requiring a separate decision. Compensation penalties are also included in the category of ta'zir punishment in the form of assets.