Revocation Of Rights Research Articles

THE CRIMINAL LAW SYSTEM IN INDONESIA FROM THE PERSPECTIVE OF PANCASILA

Since the implementation of Law Number 1 of 1946, Indonesia's Criminal Code has witnessed continuous reforms in material criminal laws, formal criminal laws, and criminal law enforcement. These three components are interconnected, necessitating comprehensive reform. The 2012 Criminal Code Bill aimed at achieving sentencing goals and brought about three types of updates. The first type includes main punishments like imprisonment, cover-up punishment, supervision punishment, fine punishment, and social work punishment. The second type specifically entails the death penalty. The third type comprises additional punishments such as revocation of rights, confiscation of goods or invoices, judge's decision announcements, renewal of criminal sanctions for losses, and fulfillment of local customary obligations. Criminal punishment theories emphasize improvement and prevention from an instrumental perspective. Punishment serves as an instrument to achieve goals beyond itself, like rehabilitating offenders or protecting society. The nature of punishment must align with these objectives, rendering punishment valuable in the pursuit of those ends. However, instrumental theory also allows for alternative means if more efficient. For Indonesia, the essence of law according to Pancasila emphasizes godliness, humanity, unity, democracy, and fairness. Pancasila serves as an ethical benchmark for being a complete Indonesian human being, adhering to Indonesian laws, and guiding behavior toward others and the environment. As society evolves, the law must remain dynamic and adaptable to societal needs. An appropriate legal system in Indonesia should be grounded in the values and culture of the nation, particularly Pancasila, the nation's foundational philosophy. The national legal system must align with Pancasila's ideals to maintain harmony and justice in the Indonesian state.

Analysis of Political Criminalization in Indonesia

Analysis Political punishment in the form of revocation of rights politics for those convicted of corruption. Method Which used in study This is method study normative law. Judging from its nature, this research is descriptive. Source data in this research is material law primary, material law secondary And material law tertiary. Method withdrawal conclusion in This study uses the deductive method, namely drawing general things to characteristic Which special. From results study This writer observe that happening practice corruption in Indonesia due to weak sentencing for public officials who corruption. Because of that, additional punishment for revocation of rights is imposed Politics basically aims to frighten and provide a deterrent effect to perpetrator corruption, so that official public Which before intend do corruption to be afraid to do it.

Analisis Yuridis Pencabutan Hak-Hak Politik Pelaku Tindak Pidana Korupsi (Studi Putusan Mahkamah Agung RI Nomor 113 K/PID.SUS/2020)

Eradicating the crime of corruption must apply strict sanctions in order to provide a deterrent effect for corruptors, as well as being expected to reduce anyone from committing corruption. One of the latest breakthroughs is to apply additional criminal sanctions for revocation of certain rights. The formulation of the problem in this thesis is how the legal arrangements for the revocation of political rights against perpetrators of criminal acts of corruption, how criminal responsibility for perpetrators of criminal acts of corruption, how the legal considerations of judges on the revocation of political rights against perpetrators of criminal acts of corruption. The research method used is descriptive analysis that leads to normative juridical legal research, namely research conducted by referring to legal norms, namely researching library materials or secondary materials. Secondary data by processing data from primary legal materials, secondary legal materials and tertiary legal materials. The legal regulation on the revocation of political rights in the form of the right to be elected in public office is the implementation of the application of criminal sanctions that are extraordinary enforcement as regulated in Article 17 of the Law of the Republic of Indonesia Number 31 of 1999 in conjunction with the Law of the Republic of Indonesia Number 20 of 2001 concerning Eradication Corruption crimes may be subject to additional penalties as referred to in Article 18 paragraph (1) letter d and Article 10 letter b number 1 of the Criminal Code concerning additional penalties. The results of the study indicate that the judge's legal considerations for the revocation of political rights against perpetrators of criminal acts of corruption are criminal acts committed cannot be a good example. At the end of its decision, the Panel of Judges imposed an additional penalty on the Defendant in the form of revocation of the right to be elected in public office for 3 (three) years after the Defendant had finished serving his main sentence.

PEMBERIAN PIDANA TAMBAHAN TERHADAP PENCABUTAN HAK-HAK POLITIK TERPIDANA KASUS KORUPSI BERDASARKAN PERATURAN PERUNDANG-UNDANGAN

Where the meaning of equal opportunity in government is inseparable from political rights which implies political rights or political rights is a right which is to take part and play a role in a form of government that exists in a country. So that in terms of civil and political rights for every Indonesian citizen, the implementation is very clearly regulated in the 1945 Constitution of the Republic of Indonesia, Chapter XA of Human Rights Articles 28A to Article 28J, while the explanation of political rights for citizens is regulated in Article 26D paragraph (3) states that every citizen has the right to obtain equal opportunities in government. The formulation of the problem in this study is how to revoke the political rights of convicts of corruption cases based on laws and regulations, how to grant additional criminal rights to the revocation of political rights of convicts of corruption cases based on laws and regulations. The method used is normative legal research. Based on the results of the study it is known that the Revocation of the Political Rights of Convicted Corruption Cases Based on Legislation that Based on these provisions the additional criminal imposition of revocation of political rights against convicts is not contrary to the Criminal Code as long as the revocation of rights is accompanied by a period of application. The right to vote and be elected to public office can be classified as the right to freedom of thought and conscience. Human rights are rooted in the human person because of their humanity, if they are revoked then their humanity will also be lost.

Features of the expanded collective management of copyright and (or) related rights objects under the updated legislation of Ukraine

Keywords: collective management of rights, copyright and related rights, extendedmanagement, organization of collective management, accreditation of the organization,remuneration, revocation of rights
 The article examines the features of extended collective management of copyright and (or)related rights, as one of collective management types provided by the updated legislationof Ukraine in the study area. The author points out that the expanded collectivemanagement extends to the entire territory of Ukraine and is carried out on the propertyrights of all right holders in the relevant category in the areas for which the organizationis accredited, including those who have not concluded an agreement onmanagement of copyright and (or) related rights with an accredited organization, regardlessof the method chosen by such right holders to manage their rights.Among the areas of expanded collective management are: public performance ofmusical non-dramatic works with text and without text, including those works thatare included in the audiovisual works; public announcement of musical non-dramaticworks with and without text, including those works that are included in the audiovisualworks, except for cable retransmission; the right to a fair remuneration, commonto performers and producers of phonograms (videograms), for the public performance of phonograms and performances recorded in them or a public demonstration ofvideograms and performances recorded therein, published for commercial use; theright to a fair remuneration common to performers and producers of phonograms(videograms) for the public notification of phonograms and their recorded performances,videograms and fixed performances published for commercial purposes otherthan cable retransmission.Analysing the areas of expanded collective management, the author concludes thatthe position of the legislator in the question of completeness of the list of such areas isright, although the areas themselves, in the author's opinion, are not quite correctlydefined. Agreed that expanded collective management somewhat limits the rights ofthe right holder, the list completeness of its application areas contributes to the clarityof its application and does not create risks of involving other areas by analogy. Theauthor notes that for each area of extended collective management, one accredited organizationis determined in the case of absence of any conflicts of interest between themain category of right holders, in whose interests such an organization operates, andother categories of right holders. The remuneration collection system during extendedcollective management is also analysed by the author.Considerable attention in the study is paid to the issue of legal status and featuresof the additional accredited organization. Determinant in the issue of effective managementof copyright and related rights is the right holder’s right to revoke his rightsfrom an additional accredited organization.

Pencabutan Hak Politik Pelaku Tindak Pidana Korupsi dalam Perspektif Hak Asasi Manusia

ABSTRACT
 The judge took the progressive step. This step strongly supports the prevention and eradication of Corruption Crimes. However, in implementing the revocation of rights, the time limit for revocation must be explicitly given for the right to vote. This study aims to find out additional crimes in the form of revocation of rights to choose and be elected to public office if reviewed from the perspective of criminal law and to find out the compatibility between the decisions of the Supreme Court judge Number 537K / Pid.Sus / 2014 with human rights principles. This study uses doctrinal types. Namely, the authors collect material from the literature. These are hardcopy and softcopy that relate to the title of this study and by using an analysis of the object of research. The results obtained from this study are as follows: 1). Revocation of the right to choose and be chosen should be based on the crime rate, the impact caused to society, and the position of the position while doing the crime of corruption. Revocation of certain rights must be determined by a judge’s decision, and there is a time limit for revocation according to what has been stipulated in article 38 Criminal Code. However, Article 38 of the Criminal Code does not regulate specifically related time constraints for the removal of the right to vote and elected in public office. 2). Revocation of the right to be elected in public office complies with the principles of human rights. It can be said to be included in the category of degradable rights, or rights can be restricted. While the revocation of the right to vote who are not given the time constraints and repeal incompatible with the principles of human rights. Because the right to vote is a fundamental right of every citizen, who has been guaranteed by the constitution of 1945, besides, the time limit for the removal of the right to vote still needed due to respect of human rights offender criminal acts of corruption but to provide justice for victims of crime over the extraordinary crime then the period of revocation may be given more long, judging from the level of crimes committed.Keywords: rights; Human Rights; Revocation; Criminal; Corruption
 

Revocation of Political Rights of The Perpetrators of Criminal Acts of Corruption

The purposes of this paper are to identify and examine the revocation of political rights for corruptors as an extra-ordinary measure. The research showed that law enforcement through penal policies still have shortcomings such as light criminal sentence for perpetrators of criminal acts of corruption as well as lack of awareness among judges to apply the additional sentence of fixed-time revocation of rights. Penal law enforcement requires integral and sustainable policies through non-penal policies (prevention). Preventive efforts should be responsive to the demands of the community at large for officials who are clean, honest and who have integrity. Non-penal law shall be enforced through the concept of developing smart and integrity-based politics.

ANALISIS HUKUM MENGENAI PENCABUTAN HAK POLITIK BAGI KORUPTOR BERDASARKAN SUDUT PANDANG HAK ASASI MANUSIA

Revocation of political rights for convicted corruption cases in the perspective of human rights, where political rights are part of human rights, therefore if there is revocation of political rights which are part of an additional criminal application, there must be a limitation on the revocation of rights. The application of additional penalties in the form of revoking the right to vote and be elected (political rights) insofar as it is not permanent does not violate human rights. Limitation or limitation began to take effect, or in other words began to be counted on the convicts who served an additional sentence revoked political rights. The right to hold office, the right to vote and be elected Article 35 of the Criminal Code, also overlaps with the decision of the Constitutional Court (Constitutional Court). Article 38 of the Criminal Code determines "revocation of rights shall take effect on the day the court decision begins to be carried out." While the Constitutional Court decision No. 4/PUUVII/2009 has determined that the penalty for revocation of political rights is considered constitutional with the limitation of rights only up to five years after the convict has finished carrying out his sentence.

PENGADAAN TANAH UNTUK PEMBANGUNAN PROYEK PEMERINTAH SETELAH BERLAKUNYA PERATURAN PRESIDEN NOMOR 65 TAHUN 2006

The increase in the human population will also increase the need for land, but this cannot be accompanied by an increase in the existing land area. This paper discusses land acquisition for government project development after the enactment of Presidential Regulation Number 65 of 2006; and legal remedies if there is no agreement in the process of land acquisition. These legal issues are approached by normative methods with conceptual approaches and legislative approaches. Land acquisition for development for Government projects is carried out through the process of Releasing Legal Rights if no agreement is reached, then the Regent / Mayor or Governor or Minister of Home Affairs according to the authority submits a proposal for a settlement by revoking land rights.Keywords: land acquisition, a release of rights, revocation of rights.

Efektivitas Hukum Pencabutan Hak Dipilih terhadap Koruptor Dalam Pemberantasan Korupsi

Corruption is an endless problem in Indonesia. Judging from its practice, corruption is often identified with the abuse of authority or power for personal gain. The issues raised in this study are, first, how is the revocation of the rights to be elected in the perspective of laws and regulations? Second, how is the effectiveness of revocation of the rights to be elected in eradicating corruption? This study aims to analyze the effectiveness of the law of revocation of the rights to be elected against corruptors in eradicating corruption. The analysis is described through the statutory approach and conceptual approach. This study concludes, first, revocation of the rights to be elected against corruptors is one of criminal sanctions and an effective effort in eradicating corruption and does not constitute a violation of human rights. Criminal law, human rights law and the Corruption Act provide legitimacy to revoke the rights to be elected against corruptors. Second, the effectiveness of the law on revocation of such rights has a deterrent and prevention effects. Revocation of selected rights has become a necessity for judges to make revocation of chosen rights as a standard imposing sanctions for corruptors in the context of eradicating corruption. Corruption is an endless problem in Indonesia. Judging from its practice, corruption is often identified with the abuse of authority or power for personal gain. The issues raised in this study are, first, how is the revocation of the rights to be elected in the perspective of laws and regulations? Second, how is the effectiveness of revocation of the rights to be elected in eradicating corruption? This study aims to analyze the effectiveness of the law of revocation of the rights to be elected against corruptors in eradicating corruption. The analysis is described through the statutory approach and conceptual approach. This study concludes, first, revocation of the rights to be elected against corruptors is one of criminal sanctions and an effective effort in eradicating corruption and does not constitute a violation of human rights. Criminal law, human rights law and the Corruption Act provide legitimacy to revoke the rights to be elected against corruptors. Second, the effectiveness of the law on revocation of such rights has a deterrent and prevention effects. Revocation of selected rights has become a necessity for judges to make revocation of chosen rights as a standard imposing sanctions for corruptors in the context of eradicating corruption. Normal 0 false false false IN X-NONE AR-SA /* Style Definitions */ table.MsoNormalTable {mso-style-name:Table Normal; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-priority:99; mso-style-parent:; mso-padding-alt:0in 5.4pt 0in 5.4pt; mso-para-margin:0in; mso-para-margin-bottom:.0001pt; mso-pagination:widow-orphan; font-size:11.0pt; font-family:Calibri,sans-serif; mso-ascii-font-family:Calibri; mso-ascii-theme-font:minor-latin; mso-hansi-font-family:Calibri; mso-hansi-theme-font:minor-latin; mso-ansi-language:EN-US; mso-fareast-language:EN-US;}

KYRYLO GVOZDYK - FORGOTTEN AND RETRIEVED BOICHUKIST ARTIST (1895-1981)

This paper looks at the tragic fate of one of the most prominent painter among the so-called Boychikist group Kyrylo Gvozdyk. We try to trace his biography and artistic evolution from his early years, when he was close to Mykhailo Boychuk, until his late period and tragic death in 1981. In 1927-1928 K. Gvozdyk while being a student in Mikhailo Boychuk’s workshop at Kyiv Art institute together with his colleagues Antonina Ivanova and Maria Yunak painted frescoes for All-Ukrainian Central Executive Committee rural sanatorium situated on Khadzhibey Estuary near Odessa. Unfortunately, only photos of these frescoes survived as the Sanatorium was demolished in 1964. After he completed his education, Gvozdyk became member of Association for Revolutionary Art of Ukraine, founded back in 1925 by Mykhailo Boychuk. In 1928, Kyrylo Gvozyk had two of his tempera paintings (“A peasant in trouble”, “A Shepherd”) exhibited in Ukrainian pavilion at the Venice Biennale. Italian journalists highly praised these works and referred to Gvozdyk as “Ukrainian Gouguin”. The Soviet authorities crudely interrupted his early success. In 1936, Gvozdyk was falsely accused in “systematic anti-Soviet activities”. He was sentenced to labour camps for 10 years tand revocation of rights for 5 years. In 1949, his sentence was aggravated to imprisonments for life. Upon Stalin’s death in 1956, the painter was finally rehabilitated and could be back to work. Nevertheless, years of prosecution and imprisonment made him change his manner. Gvozdyk renounces “boychukism” and follows authority-approved Socialist realism course until his death in 1981. Among his most notorious works in the “boychukist” style one should name “Shepherds” (1927), “Radio in the village” (1928), “Peasants in the field” (1929), “A mass meeting” (1920s). Key words: Kyrylo Gvozdyk, school of monumental art, boychukism, tempera, painters repressions.

PENCABUTAN HAK UNTUK MEMILIH DAN DIPILIH BAGI TERPIDANA TINDAK PIDANA KORUPSI

The criminal act of corruption is a criminal act that has a tremendous impact on the stability of the nation and state. The impact of this criminal offense is highly systemic and incurs enormous losses in the state financial sector. some cases occurred an ex-convict corruption case, when it was out of running his penalty, it turns out to be more officials in the environment of his service. The purpose of this study is first to examine or analyze the formulation policy of revocation of the Right to be elected and vote for convicted corruption, both reviewing or analyzing the policies that can be applied in the formulation in the future. The research method used in this legal research is juridical-normative. Whereas in essence the regulation concerning additional crime shall be the revocation of certain rights including the right to be elected and to vote already regulated by the laws and regulations in Indonesia. Although there has been renewal in the draft law the additional criminal provisions may stand on its own, but the right to vote and vote is unclear, so there is still a gap for corrupt criminals who can be public officials again. DOI: https://doi.org/10.26905/idjch.v8i2.1802

REVOCATION OF RIGHTS TO BE ELECTED AND VOTE FOR A CONVICTED OF CORRUPTION

The criminal act of corruption is a criminal act that has an extra ordinary impact on the stability of the nation and state. Because the impact of these crimes is very systemic and make enormous losses in the state finance sector. Some cases occurred an ex-convict corruption case, when it was out of running his penalty, it turns out to be more officials in the environment of his service. The purpose of this study is first to examine or analyze the formulation policy of revocation of the right to be elected and vote for convicted corruption, secondly To review or analyze the policies that can be applied in the formulation in the future. The research method used in this legal research is juridical-normative, with a policy-oriented approach. The model of analysis is Juridical Comparative, and also conducts Prescriptive Juridical Analysis. The first result of research Whereas basically the regulation concerning additional crime in the form of revocation of certain rights including the right to be elected and vote has been regulated in criminal code (KUHP) and constitution No 31 of 1999 about eradication of corruption crime. Secondly that although there has been renewal in RUU KUHP (Draft of Criminal Code) 2012 on additional criminal provisions can stand on its own, but with regard to the right to vote and to be elected is still unclear, so there is still a gap for criminals who finish criminal can become public officials again.

Pengelolaan Barang Milik Daerah Berdasarkan Peraturan Pemerintah Nomor 27 Tahun 2014 tentang Pengelolaan Barang Milik Negara/Daerah


 Indonesia is the Unitary State. It is understood that within a unitary state, the central government operates a high state sovereignty. In order not to be arbitrary, the activities of the central government are supervised and limited by the constitution. The government which is divided from the Central Government to the Regional Government included Regional Autonomy therein, as well as the authority of the Regional Government, is on duty to manage the Regional Property. In carrying out its authority as an administrator of local property, there are still many abuses or omissions committed by the local government in operating its authority in managing regional property, such as the negligence of the Regional Assets, the misuse of authority in the revocation of rights already granted by the regional government on the right to use of local property, using local property for personal interest. In the management of regional property required planning, implementation, and supervision by the local government in accordance with applicable laws and regulations in the constitution.
 Keywords: Authority, Local Government, Management of Regional Property

Capitalizing property rights insecurity in natural resource assets

Property rights are commonly touted as a solution to common pool resource problems. In practice, however, the security of property rights over natural resources varies substantially; this may affect returns to ownership and asset values. We use an analytical model to examine the effects of insecure property rights to natural resources on the market value of assets. We then use a unique dataset of fisheries from three countries to examine empirically how differences in property rights affect market outcomes. We find significant asset market capitalization of insecurity arising from (1) ownership disputes, (2) illegal extraction from resource stocks, and (3) the possibility of government revocation of rights.

An Event Driven Hybrid Identity Management Approach to Privacy Enhanced e-Health

Credential-based authorization offers interesting advantages for ubiquitous scenarios involving limited devices such as sensors and personal mobile equipment: the verification can be done locally; it offers a more reduced computational cost than its competitors for issuing, storing, and verification; and it naturally supports rights delegation. The main drawback is the revocation of rights. Revocation requires handling potentially large revocation lists, or using protocols to check the revocation status, bringing extra communication costs not acceptable for sensors and other limited devices. Moreover, the effective revocation consent—considered as a privacy rule in sensitive scenarios—has not been fully addressed. This paper proposes an event-based mechanism empowering a new concept, the sleepyhead credentials, which allows to substitute time constraints and explicit revocation by activating and deactivating authorization rights according to events. Our approach is to integrate this concept in IdM systems in a hybrid model supporting delegation, which can be an interesting alternative for scenarios where revocation of consent and user privacy are critical. The delegation includes a SAML compliant protocol, which we have validated through a proof-of-concept implementation. This article also explains the mathematical model describing the event-based model and offers estimations of the overhead introduced by the system. The paper focus on health care scenarios, where we show the flexibility of the proposed event-based user consent revocation mechanism.

WDAI: a simple World Wide Web distributed authorization infrastructure

The World Wide Web (W3) has the potential to link different kinds of documents into hypertext collections and to distribute such collections among many document servers. Distributed collections can bring forth new W3 applications in extranets and expand the concept of content reuse. However, they also bring new authorization problems, such as the need for coordinated user administration, user authentication, and revocation of rights. This paper proposes WDAI, a simple and general infrastructure for distributed authorization on the World Wide Web. Under WDAI, browsers and servers exchange authorization information using X.509v3-based authorization certificates. WDAI is designed to be open to a wide variety of security policies and, being compatible with existing W3 technology, can be implemented without modifying existing browsers.

ACTEN: A conceptual model for security systems design

This paper describes ACTEN, a conceptual model for the design of security systems. Security information is represented by action-entity pairs and organized into a framework composed of graphs and tables. The rules permitting the building and management of this framework are introduced. The model describes both static and dynamic aspects of the security system; in fact, it shows the access modalities between objects in the system and the evolution of such modalities due to grant and revocation of rights within the security system. ACTEN also allows the identification of the authority and protection level of each component of the system. The tools for this analysis are introduced and an example is given.