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Full-Text Articles in Criminal Law

Drugs Law And Legal Practice In Southeast Asia: Indonesia, Singapore, And Vietnam, Maskun Maskun Apr 2017

Drugs Law And Legal Practice In Southeast Asia: Indonesia, Singapore, And Vietnam, Maskun Maskun

Indonesia Law Review

Drugs Law and Legal Practice in Southeast Asia investigates criminal law and practice relevant to drugs regulation in three Southeast Asian jurisdictions: Indonesia, Singapore and Vietnam. These jurisdictions represent the spectrum of approaches to drugs regulation in Southeast Asia, highlighting differences in practice between civil and common law countries, and between liberal and authoritarian states.


Renewal Of Criminal Law: Draft Of Indonesian Criminal Code, Spirit Of Codification And Its Effects On Law Harmonization, Rachel Octora Sep 2016

Renewal Of Criminal Law: Draft Of Indonesian Criminal Code, Spirit Of Codification And Its Effects On Law Harmonization, Rachel Octora

Jurnal Hukum & Pembangunan

Law-making process needs to be observed by public, and also by legal scholar, the purpose is to avoid inconsistency between new regulation and existing regulation. This paper will describe about Draft of Indonesian Criminal Code. Countries that use Civil Law System, especially in criminal law, principle of legality becomes the most important principle. Indonesia currently designing recodification of the Criminal Code and aspire to have their very own criminal codification. Draft of Indonesian Criminal Code is now still waiting to be enacted. It will potentially cause disharmony in the implementation process, because of the probability that one criminal act regulated …


Gatekeepers’ Roles As A Fundamental Key In Money Laundering, Paku Utama Aug 2016

Gatekeepers’ Roles As A Fundamental Key In Money Laundering, Paku Utama

Indonesia Law Review

This study examines problem of money laundering and identifies role of gatekeepers in utilising their expertise to conceal the proceeds of crime. In order to successfully prevent and investigate money laundering, we need to understand the development of anti-money laundering regime and how country like Indonesia adopts this development into its domestic regulations. Nevertheless, it is crucial to comprehend gatekeepers utilising various money laundering mechanisms and offshore financial centres. Scrutinised cases from Indonesia and corporate practices from Singapore on this study highlight how gatekeepers operate in the private sector, wittingly or unwittingly, use their expert knowledge of the international financial …


Human Trafficking, Drug Trafficking, And The Death Penalty, Felicity Gerry, Narelle Sherwill Aug 2016

Human Trafficking, Drug Trafficking, And The Death Penalty, Felicity Gerry, Narelle Sherwill

Indonesia Law Review

Both Australia and Indonesia have made commitments to combatting human trafficking. Through the experience of Mary Jane Veloso it can be seen that it is most often the vulnerable ‘mule’ that is apprehended by law enforcement and not the powerful leaders of crime syndicates. It is unacceptable that those vulnerable individuals may face execution for acts committed under threat of force, coercion, fraud, deception or abuse of power. For this reason it is vital that a system of victim identification is developed, including better training for law enforcement, legal representatives and members of the judiciary. This paper builds on submissions …


Problematika Peninjauan Kembali Dalam Sistem Peradilan Pidana Pasca Putusan Mahkamah Konstitusi Dan Pasca Sema Ri No. 7 Tahun 2014 (Suatu Analisa Yuridis Dan Asas-Asas Dalam Hukum Peradilan Pidana), Seno Wibowo Gumbira Mar 2016

Problematika Peninjauan Kembali Dalam Sistem Peradilan Pidana Pasca Putusan Mahkamah Konstitusi Dan Pasca Sema Ri No. 7 Tahun 2014 (Suatu Analisa Yuridis Dan Asas-Asas Dalam Hukum Peradilan Pidana), Seno Wibowo Gumbira

Jurnal Hukum & Pembangunan

Problems of extraordinary legal remedy on Reconsideration, especially in the criminal justice process in Indonesia following the Ruling of judicial review of the Constitutional Court Number 34 IPPU-XI I 2013 and SEMA Decree No. 7 of 2014 issued by the Supreme Court had the same problem juridical in contradictory with the principles both within the criminal justice system and the principle of the science of law in Indonesia, those principles include the principle of ne bis in idem, the principle of justice which one quick, simple and low cost, the principle of litis finiri oportet, …


Penanganan Konflik Sosial Dengan Pendekatan Keadilan Restoratif, - Sukardi Mar 2016

Penanganan Konflik Sosial Dengan Pendekatan Keadilan Restoratif, - Sukardi

Jurnal Hukum & Pembangunan

Restorative Justice approach in conflict resolution is basically a new method of settling disputes, especially in the concept-criminal cases, but using traditional patterns whose values have no concept of local wisdom in each culture. Therefore, the application of restorative justice approach in conflict resolution, in fact is the use of traditional patterns with the values of the resolution of the existing conflicts in wisdom local culture, with a focus on fulfillment of justice victims, through the concept of equality, partnership, reconciliation and participation.


Explaining Crimmigration In Indonesia: A Discourse Of The Fight Against People Smuggling, Irregular Migration Control, And Symbolic Criminalization, Anugerah Rizki Akbari Dec 2015

Explaining Crimmigration In Indonesia: A Discourse Of The Fight Against People Smuggling, Irregular Migration Control, And Symbolic Criminalization, Anugerah Rizki Akbari

Indonesia Law Review

Controlling migration in the world's largest archipelago brings various challenges to Indonesian authorities that differ from other countries. The difficulties become even more complicated since Indonesia has been known as the most favorite transit country for people who want to migrate to Australia due to its strategic geographical location, which is situated between the continents of Asia and Australia and between the Pacific and Indian oceans. Following this, the decision of choosing the mechanism of criminal law to deal with irregular migration from the start leads Indonesia to its acknowledgment as a country who is vulnerable to the trend of …


Restitusi Bagi Korban Tindak Pidana: Sebuah Tawaran Mekanisme Baru, Fauzy Marasabessy Mar 2015

Restitusi Bagi Korban Tindak Pidana: Sebuah Tawaran Mekanisme Baru, Fauzy Marasabessy

Jurnal Hukum & Pembangunan

A criminal action may cause harm to others the victims of crime. To obtain such compensation, a victim of a criminal act can be the procedures provided by the Criminal Procedure Code the merger lawsuit for damages. After the enactment of Law No. 13 of 2006 on Witness and Victim Protection, all victims of crime are also given the option to apply for compensation in the form of restitution through the Agency. However, there are some problems that arise in the implementation of mechanisms to obtain restitution for the victims of such crime. The problems are not just about rules, …


Pencantuman Batasan Tanggung Jawab Pemilik/Pengelola Situs Dalam Transaksi Jual Beli Secara Online Dan Dampaknya Bagi Konsumen, Ari Wahyudi Hertanto Mar 2015

Pencantuman Batasan Tanggung Jawab Pemilik/Pengelola Situs Dalam Transaksi Jual Beli Secara Online Dan Dampaknya Bagi Konsumen, Ari Wahyudi Hertanto

Jurnal Hukum & Pembangunan

This paper highlights the latest developments happening in the world of law as a result of a growing trend to shop today. The trend of shopping via the internet or shopping online that supported by the development of electronic information industry and technology, in fact raises some new problems in the field of law. Sometimes one of the parties deceive or do fraud or criminal cases in the buying and selling online. Currently these cases have not been handled properly and optimally. Such circumstances can not be allowed to keep running, so as to be permissive law and violations will …


The Problems Of Expert Witness In Criminal Law, Rafiqa Qurrata A'Yun Dec 2014

The Problems Of Expert Witness In Criminal Law, Rafiqa Qurrata A'Yun

Indonesia Law Review

The expert testimony is a potential problem in the future due to the impact of the advancement of science and technology. These progressions have an impact on the quality of the crime methods, thus it must be balanced with improving the quality and method of evidence evaluation that requires knowledge and expertise. This paper examines the place of expert witness to be considered as one of the evidence in criminal case investigation and criminal court. I argue that expert qualifications should be determined based on formal education, professional experiences, and the relevance of his expertise with the case. The Criminal …


Investigator Issue In Financial Service Crime In Indonesia, Wahyu Wiriadinata Mr. Dec 2014

Investigator Issue In Financial Service Crime In Indonesia, Wahyu Wiriadinata Mr.

Indonesia Law Review

The objective of this paper is to address a question of the effectiveness of Financial Service Authority (Otoritas Jasa Keuangan - OJK) investigators in eradicating financial service crimes in Indonesia. This question arises because in Law on Financial Service Authority there are OJK’s investigators with an investigatory authority on OJK crimes, including, banking, capital market, insurance, pension fund, financing institutions, and other financial service institution sectors. Meanwhile, there have been other investigators with an authority to investigate, namely, public prosecutor, police, and KPK (Indonesia’s corruption eradicating commission). The theoretical framework of this paper was grounded in the thoughts of Aristotle, …


Legitimacy Of The Restorative Justice Principle In The Context Of Criminal Law Enforcement, - Sukardi Aug 2014

Legitimacy Of The Restorative Justice Principle In The Context Of Criminal Law Enforcement, - Sukardi

Indonesia Law Review

This research reviews the essence of the restorative justice principle as an approach in the settlement of criminal cases, and it aims to provide an overview of the construction of the restorative justice principle in criminal law enforcement. The outcomes of the research indicate that the restorative justice principle has been subject to frequent study in its understanding as an alternative criminal case settlement method, by way of positioning outside the criminal judiciary system. As it turns out in practice, however, it has certain weaknesses, particularly in view of the accountability and legitimacy aspects of its establishment. Therefore, there is …


Juvenile Sex Offender Rehabilitation: How The Us Approach Can Help Indonesia Satisfy Its Commitment To Restorative Justice Principles, Putri Kusuma Amanda Apr 2014

Juvenile Sex Offender Rehabilitation: How The Us Approach Can Help Indonesia Satisfy Its Commitment To Restorative Justice Principles, Putri Kusuma Amanda

Indonesia Law Review

In July 2012, Indonesia enacted landmark legislation to reform the juvenile justice system. The Juvenile Justice Act is a break through which constituted to protect the rights of children in the juvenile justice system. This Act explicitly includes the principle of restorative justice, a principle that guarantees the government’s commitment to use rehabilitative and restorative approaches. The question that arises now is how this law can be satisfied through the implementation of the Act. Specifically, this paper will focus on how the restorative justice principle can be applied to juvenile commit sexual offense. This paper, learning from the United State’s …


Combating Corruption Based On International Rules, Maskun Maskun Apr 2014

Combating Corruption Based On International Rules, Maskun Maskun

Indonesia Law Review

Corruption is a universal problem that is taking place all over the world, either in developed countries or developing or under developing countries. It is caused by some issues such as poorly designed economic policies, low levels of education, underdeveloped civil society, and the weak accountability of public institution. Those causes of corruption can be separated in some different types of corruption. The types are bureaucratic corruption, political corruption, grand corruption, and common corruption. In terms of tackling some problems of corruption, there are so many things to do including international law commitment. Some international law commitment can be seen …


Liability Of Legal Person In Indonesia: A Statutory And Practical Review, Yetty Komalasari Dewi Apr 2013

Liability Of Legal Person In Indonesia: A Statutory And Practical Review, Yetty Komalasari Dewi

Indonesia Law Review

Liability of legal persons for criminal offences has been slowly, but making its way to the legislations of Indonesia. Trends of development indicate that the liability of legal persons for criminal offences has been regulated in few regulations and will be regulated in the bill of Indonesia Penal Code that is now being drafted. Grounds of liability of legal persons indicate that it is a question of a special from of criminal responsibility, adapted to legal persons.


The Conceptual Framework Of Crimes Againts Humanity In Historical Context And Indonesian Law, Maskun Maskun Dec 2012

The Conceptual Framework Of Crimes Againts Humanity In Historical Context And Indonesian Law, Maskun Maskun

Indonesia Law Review

The rapid ratification of the Rome Statute of the International Criminal Court (ICC) and the orderly election of its judges and prosecutor believe the radical nature of the new institution. Indonesia is one of countries that rejected the International Criminal Court (ICC) Statute. Indonesia’s reason at that time was that Indonesian sovereignty would be threatened or its national security would be compromise. Interestingly, some of the crimes within the Rome Statute jurisdiction (Article 5 of the Rome Statute) had been adopted by Indonesia in its domestic law such as the Law No. 26 year 2000 concerning Human Rights Court. Jurisdiction …


Indonesia’S Regional Anti-Corruption Courts: Should They Be Abolished?, Simon Butt Aug 2012

Indonesia’S Regional Anti-Corruption Courts: Should They Be Abolished?, Simon Butt

Indonesia Law Review

Indonesia’s regional anti-corruption courts have been criticised in recent times for perceived impropriety and for acquitting defendants. Senior jurists and politicians have called for these courts to be abolished or recentralised. This article suggests that neither abolition nor recentralisation is prudent and that these criticisms might not be supported by available case statistics. In any event, this article argues, acquittal rates are very poor indicators of judicial performance. Indeed, acquittals might be legally correct, or even necessary, in some cases. More resources should be allocated to these courts, and to the Corruption Eradication Commission so that it can investigate and …


Restorative Justice In Indonesia: Traditional Value, Eva Achjani Zulfa Aug 2011

Restorative Justice In Indonesia: Traditional Value, Eva Achjani Zulfa

Indonesia Law Review

“Restorative Justice” is a model approach which emerged in the 1960s in an effort to solve criminal cases. Unlike the approach used in conventional criminal justice system, this approach focuses on the direct participation of perpetrators, victims and society in the settlement process. This theory of the approach is still debated, but the view is in fact growing and it exercises a lot of influence on legal policies and practices in several countries. The UN through its basic principles considers the approach of restorative justice as the approach which could be used in the rational criminal justice system. Restorative justice …


State Capture: Is It A Crime? How The World Perceived It, Lily Evelina Sitorus Aug 2011

State Capture: Is It A Crime? How The World Perceived It, Lily Evelina Sitorus

Indonesia Law Review

State capture has emerged as a global threat in several countries. The definitions vary from the act of rent-seeking to corruption. Russia, Ukraine, and some countries in Central Asia are several areas where state capture was first observed. Indonesia is not immune from the threat. Several misconducts in the country had already been labeled as state capture. There are some distinctions between state capture and corruption, whereas in a few countries both are considered as the same. Strategies for combating corruption usually involve reducing state capture.


Human Trafficking In Indonesia: Law Enforcement Problems, Nathalina Naibaho Apr 2011

Human Trafficking In Indonesia: Law Enforcement Problems, Nathalina Naibaho

Indonesia Law Review

Human Trafficiking is considered as a crime against humanity. To conduct the due process of law towards cases related with human trafficking, the law enforcement officers cannot work by themselves. They really need assistance from many parties – such as active report from the society – as a valuable information to disclose such cases. Law enforcement conducted towards woman and child trafficking is still ineffective. It is proven by many existing cases, that low number of processed cases before the court and minimum sanction convicted to the perpetrators is clearly evident. Factors which are deemed to have correlation with low …


Arbitrase Di Indonesia, Asikin Kusumaatmadja Dec 1977

Arbitrase Di Indonesia, Asikin Kusumaatmadja

Jurnal Hukum & Pembangunan

No abstract provided.


Masalah Kekuasaan Kehakiman Di Indonesia, Bintan R. Saragih Dec 1977

Masalah Kekuasaan Kehakiman Di Indonesia, Bintan R. Saragih

Jurnal Hukum & Pembangunan

No abstract provided.


Hukum Adat: Suatu Kebanggaan Yang Perlu Ditanyakan Lagi, Kamal Firdaus Dec 1977

Hukum Adat: Suatu Kebanggaan Yang Perlu Ditanyakan Lagi, Kamal Firdaus

Jurnal Hukum & Pembangunan

No abstract provided.


Kalender Ketatanegaraan Di Indonesia, Harmaili Ibrahim Dec 1977

Kalender Ketatanegaraan Di Indonesia, Harmaili Ibrahim

Jurnal Hukum & Pembangunan

No abstract provided.


Pokok-Pokok Pengertian Pasar Modal Di Indonesia, Soemantoro Soemantoro Dec 1977

Pokok-Pokok Pengertian Pasar Modal Di Indonesia, Soemantoro Soemantoro

Jurnal Hukum & Pembangunan

No abstract provided.


Modernisasi Dan Pengembangan Kesadaran Hukum Masyarakat, Bismar Siregar Dec 1977

Modernisasi Dan Pengembangan Kesadaran Hukum Masyarakat, Bismar Siregar

Jurnal Hukum & Pembangunan

No abstract provided.


Kesadaran Hukum Dan Kepatuhan Hukum, Soerjono Soekanto Dec 1977

Kesadaran Hukum Dan Kepatuhan Hukum, Soerjono Soekanto

Jurnal Hukum & Pembangunan

No abstract provided.


Pengaruh Hukum Bagi Perkawinan Antar Kasta Di Bali, Putu Putra Dec 1977

Pengaruh Hukum Bagi Perkawinan Antar Kasta Di Bali, Putu Putra

Jurnal Hukum & Pembangunan

No abstract provided.


Perluasan Bantuan Hukum Untuk Si Miskin Dan Negara Sarjana Hukum Di Negara-Negara Sedang Berkembang, Adnan Buyung Nasution Oct 1977

Perluasan Bantuan Hukum Untuk Si Miskin Dan Negara Sarjana Hukum Di Negara-Negara Sedang Berkembang, Adnan Buyung Nasution

Jurnal Hukum & Pembangunan

No abstract provided.


Azas Persamarataan Sebagai Sendi Asasi Hukum Antar Tata Hukum, Siddharta Gautama Oct 1977

Azas Persamarataan Sebagai Sendi Asasi Hukum Antar Tata Hukum, Siddharta Gautama

Jurnal Hukum & Pembangunan

No abstract provided.