Law Commons^™

Perubahan Undang-Undang Oleh Putusan Mahkamah Konstitusi Dalam Kacamata Pasal 1 Ayat (2) Kuhp, Marco Hardianto

Indonesia Criminal Law Review

One of the basic principles in criminal law is the principle of transitory, namely the principle that regulates the enforcement of the law in the event of an amendment in legislation after a criminal act is committed. Regarding to the phrase 'amandment in legislation', there are three running doctrine: formele leer (Simons, 1910), beperkte materiele leer (Van Geuns, 1919), and onbeperkte materiele leer (Hoge Raad, 1921). These three doctrines developed prior to the recognition of judicial review by the Constitutional Court. Logical implication: Amendment in legislation as referred to in the principle of transitory does not include amendment as the …

Mencari Solusi Atas Masalah Pemidanaan Suatu Kebijakan Dengan Tindak Pidana Korupsi Di Indonesia, Muhammad Tanziel Aziezi

Indonesia Criminal Law Review

Constitutional Court Decision Number 25/PUU-XIV/2016 states that the word “dapat” in Article 2 Paragraph (1) and Article 3 of Law Number 31 Year 1999 jo. Law Number 20 of 2001 on Anti-Corruption Law has no binding legal force. This decision departs from the argument that the word "dapat" creates fear and anxiety from state officials about the practice of criminalizing policies with corruption because the word "dapat" causes state losses that do not have to occur in real terms. With this decision, a person can only be said to have violated Article 2 Paragraph (1) and Article 3 of the …

Kelemahan Pelaksanaan Kebijakan Kriminal Terhadap Cyberbullying Anak Di Indonesia, Wenggedes Frensh

Indonesia Criminal Law Review

Advances in technology can create globalization that causes the world to be borderless. The rapid developing technology is information and communication technology. The development of information and communication technology is followed by the development of the internet which creates a cyberspace where crime is called cybercrime. One of the developing cybercrime is cyberbullying. In Indonesia, there are still weaknesses in the implementation of criminal policies against cyberbullying, so it is necessary to know the weaknesses in the cyberbullying criminal policies in Indonesia. The research method used is normative legal research (normative juridical) and empirical legal research (empirical juridical). The research …

Hubungan Kausalitas Tipologi Korban Tindak Pidana Kdrt Dan Perdagangan Orang Dalam Perspektif Viktimologi, Efendik Kurniawan, M Sholehuddin, Prasetijo Rijadi, Kholilur Rahman

Indonesia Criminal Law Review

In this legal research, it is limited to the typology of the victim based on the level of the victim’s guilt. There are two things that are raised to be the focus of this legal research. First, the causality of the typology of victims with the types and forms of criminal acts of domestic violence and trafficking in persons. Second, the causality of the typology of victims by regulating the legal protection of victims in criminal acts of domestic violence and trafficking in persons. The research method used is normative, using a statutory approach, a conceptual approach, and a case …

Pembaharuan Mekanisme Dalam Upaya Ganti Kerugian Korban Tindak Pidana, Riskyanti Juniver Siburian

Indonesia Criminal Law Review

A victim of crime is a person who suffers from physical pain, mental suffering, and/or financial loss. However, based on the criminal law system, a victim is presented in a trial as an evidence. Therefore, the purposes of this research are: 1) to understand the mechanism of compensation for victims of crime; and, 2) to discover how the regulation of returning the loss on account from a criminal act should be in the future. This research is a normative research.

From this research, it is known that: 1) A victim has the chance to get the return of losses happened …

Usaha Tanpa Izin Lingkungan: Menilai Pertanggungjawaban Pidana Korporasi, Hariman Satria

Indonesia Criminal Law Review

PT Agro Indomas as a corporation was convicted of having committed a criminal act of running a business without an environmental permit, explicitly in Decision Number 77/Pid.Sus/2018/PN Tgt. This study method uses normative legal research, through a case approach and a conceptual approach. There are several findings in this study, namely: the expressive verbis a quo decision has met the formal and material requirements of the indictment. If seen from the prosecution letter, the a quo decision has a weakness, namely that there are no additional criminal charges in the form of corrections due to criminal acts. In the ratio …

Pro Kontra Sanksi Kebiri Kimia: Sanksi Yang Progresif Atau Primitif?, Hafrida Hafrida

Indonesia Criminal Law Review

Chemical castration sanctions were applied in Indonesia through Law No. 17 of 2016 on the Second Amendment to Law No. 23 of 2002 on Child Protection. Since 2016 until now in 2021 there has only been 1 (one) Judge’s Decision on additional chemical castration sanctions imposed on perpetrators of child sexual abuse, namely the Verdict of PN Mojokerto No. 69/Pid.sus/2019/PN.Mjk, May 2, 2019. The verdict provoked a strong reaction from human rights observers. The Impelementation Regulation on Procedures for the Implementation of Chemical Castration, Installation of Electronic Detection Devices, Rehabilitation, and Announcement of the Identity of Perpetrators of Sexual Violence …

Tinjauan Atas Kriminalisasi Illicit Enrichment Dalam Tindak Pidana Korupsi Di Indonesia: Studi Perbandingan Dengan Australia, Diky Anandya Kharystya Putra, Vidya Prahassacitta

Indonesia Criminal Law Review

The purpose of this article is to critic the urgency for Indonesia to apply the illicit enrichment. Indonesia has ratified the United Nations Convention Against Corruption. Even thought, it has been regulated in corruption and money laundering regime, Indonesia has not carried out comprehensive harmonization Article 20 concerning the illicit enrichment. This paper discuses two issues, how the concept of illicit enrichment in corruption crimes is based on the convention? Then, how Indonesian should regulate the illicit enrichment? To answer those questions, the researchers use comparative law approach, specific to regulation and application of unexplained wealth in Australia. The results …

Memikirkan Kembali Unsur “Hukum Yang Hidup Dalam Masyarakat” Dalam Pasal 2 Rkuhp Ditinjau Perspektif Asas Legalitas., Nella Sumika Putri

Indonesia Criminal Law Review

Living law is an inseparable part of the Indonesian criminal law system. However, in perspective of legality principle, living law causing pros and cons. The idea of regulating the living law in Indonesian Penal Code Bill (Article 2 paragraph 1), as the basis for criminal prosecution, for unregulated act is still debated. The issue that will be analysed in this article is how to apply living law/adat law as a basis for prosecuting criminals related to the existence of legality principle and, how to measure the enforcement of living law in criminal process. Based on the analysis using the principle …

Pelanggaran Protokol Kesehatan Covid-19: Ultimum Remedium Atau Primum Remedium (Studi Kasus Mrhs), Salman Alfarisy, Nadrya Ning Tias, Johan Sahbudin

Indonesia Criminal Law Review

Indonesia as one of the countries affected by the Covid-19 pandemic has implemented various policies to implement health protocol rules in an effort to minimize the spread of the virus. The policy starts at the socialization stage to the imposition of sanctions. There are administrative sanctions and criminal sanctions which have also begun to be applied, as a strong threat to those who try to underestimate the implementation of health protocols. In late 2020, Indonesia was shocked by the violation of health protocols which were directly threatened with criminal sanctions even though the suspect had carried out administrative sanctions from …