Criminal Law Commons^™

Pembebanan Hak Tanggungan Pada Tanah Yang Belum Bersertipikat, Chenly Martua Sihombing

"Dharmasisya” Jurnal Program Magister Hukum FHUI

In a credit agreement that develops in the community, the Underwriting Right becomes an important requirement to ensure that performance is carried out in accordance with the agreement. The purpose of this study is to analyze related to the imposition of Mortgage Rights on land objects that have not been registered as regulated in Article 10 paragraph (3) of Law Number 4 of 1996 concerning mortgage rights over land along with objects related to land. The mechanism for encumbering Mortgage originating from girik, petok D, letter C or old customary rights which is carried out simultaneously with the first application …

A Detailed Assessment Of The Sexual Assault Prevalence Statistics At The Center Of The Military Justice Reform Movement, Brian L. Cox

Cornell Law Faculty Working Papers

“Twenty thousand service members experience sexual assault every year” while “only a tiny fraction of those end up with any kind of action at all in the military justice system.” Lynn Rosenthal, director of the DoD Independent Review Commission, recently offered this observation at a press conference while summarizing the findings reflected in the commission’s report. Senator Kirsten Gillibrand indicated in a recent blog post that “an estimated 20,500 service members are sexually assaulted every year” to make the case that there “is an epidemic of sexual assault in the military and the current military justice system has proven incapable …

Tinjauan Pengusahaan Air Dalam Pembangunan Plta Menurut Peraturan Perundang-Undangan Tentang Sumber Daya Air, Cerli Febri Ramadani

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Changes in regulations regarding water exploitation have occurred in Indonesia and there are many rejections from various parties, namely when the Act No. 7/2004 on Water Resources changed the conception of state control over water resources to management by the private. That is what makes Act No. 7/2004 filed a judicial riview lawsuit to the Constitutional Court, and the end of the COURT's decision to repeal Act No. 7/2004 and re-enact Act No. 11/ 1974 About Watering. Which in Act No. 11/1974 adheres to the principle of joint ventures and family. In 2019 then, the government established a new regulation, …

Pengendalian Peredaran Produk Secara Mandiri Sebagai Instrumen Wajib Dalam Pelaksanaan Tanggung Jawab Sosial Korporasi Rokok: Sebuah Perspektif Sosio-Legal

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The number of smokers and cigarette sales in Indonesia has been increasing every year. In parallel with that, the latent risk faced by society is increased. In the socio-cultural context, the cigarette industry has been transformed into a hegemony whose expansion is unstoppable. The circulation of cigarette products is still become an unresolvable problem. Such problem expands from merely legal issues to the ethical dimension. The corporate social responsibility carried out by the corporation tends to be in favor of promotional motive, or creating false public reputation, which makes its implementation often deviate from its philosophy. Inevitably, the smoking phenomenon …

Sinergitas Satuan Polisi Pamong Praja, Satuan Perlindungan Masyarakat, Dan Kader Siaga Tramtib Dalam Penyelenggaraan Ketenteraman Dan Ketertiban Umum, Arum Adji Wibowo

"Dharmasisya” Jurnal Program Magister Hukum FHUI

This article discusses the synergy in the implementation of the public convenience and orderliness. The purpose of this discussion is to introduce a form of people participation in the implementation of the public convenience and orderliness, and to explain how the relationship and also analyze the problems that arise between the Civil Service Police Unit (Satpol PP), the Community Protection Unit (Satlinmas), and the Cadre Siaga Tramtib (KST). To discuss the problems, this article explains the reasons and the background of why Satpol PP involving people participation. In relation to the problems that arise, this article argues that synergizing the …

Perubahan Skema Kerja Sama Pemanfaatan Energi Baru Dan Terbarukan Untuk Penyediaan Tenaga Listrik Menggunakan Tenaga Air, Andi Kurniawan

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The utilization of clean and sustainable energy is one way to maintain energy resistance in particular electrical energy. Indonesia has a commitment to global plan to reduce the effect of greenhouse gases through the utilization of new and renewable energy. National energy mix targets based on national energy plan which puts priority to maximize the use of at least 23% renewable energy in the year 2025. But in the course of the target is experiencing various obstacles one of them is an investment that is not attractive to developers due to the low price of new energy electricity, as well …

Jangka Waktu Tanggung Jawab Pelaku Usaha Dalam Penyediaan Suku Cadang Berdasarkan Hukum Yang Berlaku Di Indonesia Dan Perbandingannya Dengan Ketentuan Hukum Di Negara Lain, Amelia Saptiana Dewi

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Consumer protection is an effort to guarantee legal certainty for consumers related to their rights, as well as for business actors related to their obligations to consumers. The Consumer Protection Law was established to improve the dignity and status of consumers and to ensure that businesses actors are responsible for the goods that they sell. Consumer protection law imposes many obligations that must be fulfilled by business actors, one of which is the obligation to provide spare parts as stipulated in Article 25 of the Consumer Protection Act (CPA). Article 25 paragraph (1) of the CPA states that "Business actors …

Pembubaran Partai Politik Di Indonesia, Ahmad Iskandar Nasution

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The indonesian state in democracy always tries to guarantee the rights of its citizens to freedom of association and assembly. This guarantee of human rights is enshrined in the constitution, Undang-Undang Dasar 1945. The right of association and assembly is a vehicle for establishing a political party. In the dynamics of the state, it is always related to the dynamics of political parties. This political party plays a major role in determining the policy direction and goals of a country. The development of a political party can also shake a country, so the need for restrictions on the establishment …

Penegakan Hukum Dalam Perkara Tindak Pidana Korupsi Suap Menyuap Dan Gratifikasi Di Indonesia, Ahmad Fahd Budi Suryanto

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The regulating efforts regarding corruption is a long process that has been going on since the issuance of Law Number 1 of 1946 concerning Criminal Law Rule on February 26, 1946 which made the legal basis for the change of Wetboek van Strafrecht voor Netherlands Indie to Wetboek van Strafrecht (WvS), which then known as the Criminal Code. Until now, regulations regarding corruption have been amended with the latest changes through Law Number 20 of 2001 concerning Amendment to Law Number 31 of 1999 concerning Eradication of Corruption and Law Number 7 of 2006 concerning Ratification of the United Nations …

Kewenangan Mahkamah Konstitusi Republik Indonesia Untuk Melakukan Pengujian Peraturan Pemerintah Pengganti Undang-Undang (Studi Kasus Pengujian Perppu Nomor 1 Tahun 2013), Aditya Ilmam Perdhana

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The Constitutional Court has the authority as stipulated in the Constitution of 1945, one of which is to examine the Law against the Basic Law. In the statutory regulatory system in Indonesia there is a statutory regulation that has the same position and hierarchy as the Law, namely the Government Regulation in Lieu of Law or commonly known as Perppu. The Perppu is a legal product issued by the President on the basis that the state is in a precarious state of force and the Perppu must then be submitted to the House of Representatives (DPR) for later to be …

Pengaruh Hubungan Kekuasaan Antara Pusat Dan Daerah Terhadap Kewenangan Perizinan Pertambangan Mineral Dan Batubara, Adamy Nurdin

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The dynamics of regulating the authority of mineral and coal mining licenses between the center goverment and the regions goverment has led to less positive conditions for investment in mining. The latest regulation on regional government is regulated in Law Number 23 of 2014, drawing back the implementation of forestry, maritime affairs, as well as energy and mineral resources from the district/city government to the central government and the province government. This means that the regency/city government is no longer given authority in all matters relating to forestry, marine affairs, as well as energy and mineral resources. That the passage …

Kajian Teori Hukum Mengenai Liberalisasi Perbankan Di Indonesia (Analisa: Teori Hukum Pancasila Dalam Bidang Ekonomi Terhadap Regulasi Mengenai Keberadaan Modal Asing Dalam Perbankan Di Indonesia), Anissa Rizkytia

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The Indonesian economy has a backbone in the banking sector to drive the wheels of the national economy through its vital function as a financial intermediary. Indonesian banking is held based on economic democracy with the principle of prudence. However, since the 1998 global economic crisis and the impact of globalization which has affected Indonesia, there have been policy changes including regulatory changes in the Indonesian economic sector. This change is also included in the banking sector, where the flow of liberalization is getting stronger. Before the crisis, foreigners who want to invest in banking can buy a bank's shares …

Everyday Aesthetics, Space, And The Sensory: Fear Of Crime And Affect In Inner Sydney, Murray Lee, Jonathan Jackson, Justin R. Ellis

Qualitative Criminology (QC)

"In this paper we explore pre-conscious aesthetic and sensorial aspects of affect in fear of crime. Drawing on data from focus groups undertaken in inner Sydney, Australia, we link the sensory and aesthetic preconditions of fear of crime to its affective, behavioural and cognitive elements. We argue that fear is grounded in the structural, personal and inter-subjective components of individual’s lives and their interaction with physical and social environments, which then influence how individuals cognitively understand their own risks and react behaviourally to these emotional responses. By bringing alive the importance of environmental cues and the cultural and structural positions …

Conducting A Systematic Social Observation Of Body-Camera Footage: Methodological And Practical Insights, Vijay Chillar, Eric Piza, Victoria Sytsma

Qualitative Criminology (QC)

"Increased use of video recording technologies such as drones, smartphones, CCTV, and body-worn cameras (BWCs), provides researchers with modes for observing human behavior in their natural settings. Although not originally intended for empirical inquiry, these data sources facilitate a video data analysis (VDA) framework used in the social sciences. BWCs represent an emerging technology within this framework, and BWC footage provides valuable insight into situational dynamics at play during various social phenomena. When combined with systematic social observation (SSO), researchers are well-equipped to unpack social phenomena in a manner that overcomes many challenges of traditional qualitative methodologies. This article incorporates …

“I’M Doing Everything Right All Over Again”: How Women Manage Exiting Street Prostitution Over Time, Nili Gesser, Corey Shdaimah

Qualitative Criminology (QC)

"Exiting the criminalized sale of sex, which we refer to as prostitution, is a complex, recursive process which has been rarely studied longitudinally. Using typical case sampling, we selected two respondents from a two-year ethnographic study of a courtaffiliated diversion program in Philadelphia who participated in a total of eight interviews. Saldaña’s (2009) seldom-used longitudinal coding method was applied to conduct a fine-grained analysis of participants’ perceptions of exiting prostitution over time, focusing on participants’ motivations and actions. Respondents managed expectations of others and themselves and their sense of self-worth within a context of changing relationships, structural opportunities, accomplishments and …

Quantitative Literacy And Guns, William Briggs

Numeracy

Briggs, William. 2017. How America Got Its Guns: A History of the Gun Violence Crisis; (Albuquerque, University of New Mexico Press). 352 pp. Paperback: ISBN 978-0-8263-5813-4. E-book ISBN 978-0-8263-5814-1.

Quantitative literacy and statistics are just two of many disciplines required to understand the problem of gun violence in America. However, it’s also useful to appreciate their limitations in an issue that is so complex.

Improving The Organizational And Legal Framework For Responsible Actions In Combating Crime, Vakhobjon Karimov

ProAcademy

The article highlights the main points of changes in the operational-search legislation of the Republic of Uzbekistan and gives recommendations for the further development of legislation. The article highlights proposals for the further improvement of the legal base of operational-search activity. Information and technical support plays an important role in improving the efficiency of operational investigations. In this regard, operatives of the operational unit use video, audio, film and photographic means, as well as property of legal entities and individuals, other environmentally friendly technical means in accordance with Article 12 of this Law. At the same time, operatives have the …

Masthead

Hastings Journal of Crime and Punishment

No abstract provided.

Bottleneck: The Place Of County Jails In California’S Covid-19 Correctional Crisis, Hadar Aviram

Hastings Journal of Crime and Punishment

This Article examines a lesser-known site of the COVID-19 pandemic: county jails. Revisiting assumptions that preceded and followed criminal justice reform in California, particularly Brown v. Plata and the Realignment, the Article situates jails within two competing/complementary perspectives: a mechanistic, jurisdictional perspective, which focuses on county administration and budgeting, and a geographic perspective, which views jails in the context of their neighboring communities. The prevalence of the former perspective over the latter among both correctional administrators and criminal justice reformers has generated unique challenges in fighting the spread of COVID-19 in jails: paucity of, and reliability problems with, data; weak …

Victims, Right?, Anna Roberts

Faculty Scholarship

No abstract provided.

The Truth(S) Behind “True Crime”: Examining The Role Of Narrative In The Retellings Of The Rafay Family Murders, Samantha L. Richard

FIMS Major Projects and Creative Projects

In April of 1995, the Royal Canadian Mounted Police (RCMP) launched their second ever “Mr. Big” operation: one that involves an intricate interrogation technique designed to elicit a confession from suspected criminals in cases where physical evidence cannot link the accused to the crime. The targets of this operation were suspected murderers Sebastian Burns and Atif Rafay. The highly publicized case was discussed extensively through traditional news coverage, as well as in various stories of the true crime genre. Through the use of narrative theory, this paper examines the role of narrative in the retelling of the Rafay family murders. …

California’S Sb 1437 And Its Applicability To Attempted Murder Liability, Violeta Alvarez

Hastings Journal of Crime and Punishment

No abstract provided.

Unjust Isolation: The Diminishing Returns Of Solitary Confinement Of Pregnant Women And California’S Need To Regulate It., Richard Lee

Hastings Journal of Crime and Punishment

California’s state prison system lacks sufficient regulations to restrict the use of solitary confinement for pregnant women. Under the current system, the California Department of Corrections and Rehabilitations (CDCR) possesses broad discretion regarding the use of solitary confinement, administrative segregated housing, or other forms of isolated placement. According to the CDCR manual, prison officers may place a pregnant woman in solitary confinement as long as her medical condition does not “preclude” that placement. This standard, which vests an inappropriate amount of discretion in prison officers, is deeply insufficient to prevent the negative consequences of subjecting pregnant women to solitary confinement. …

Editor’S Forward, Ava Agree

Hastings Journal of Crime and Punishment

No abstract provided.

Nuclear Crime Scene Examination And Evidence Collection,, Dr. Emadeldin Mohamed Kammel Abdulhamed

Faculty Peer-Reviewed Papers | بحوث هيئة التدريس المحكمة

Introduction and key objective: The topic of this study is among the most important latest ones. It involves a host of complicated legal and technical questions raised by the nature of nuclear crimes and their associated harm to people and environment. The question is how evidence can be collected from nuclear crime scenes, given the radioactive contamination which defies human nature. A second and third crime scene may result from such radioactive contamination which may also be transnational. Additionally, what are the powers of judicial officers in examining nuclear crime scene? and What are the ways and rules governing such …

Plea Bargaining For The People, Daniel S. Mcconkie Jr

Marquette Law Review

Our criminal justice system must be democratic enough to allow for significant citizen participation. Unfortunately, our current system cuts the people out. Instead of juries, plea bargaining professionals like prosecutors, defense attorneys, and judges decide most cases. Plea bargaining does efficiently process cases but, in addition to its well-known coercive aspects that warp case outcomes, ignores what I call “criminal justice citizenship.” This refers to the people’s privilege to participate on an equal basis in the criminal justice system. That participation strengthens our democracy, shores up the legitimacy of the system, and helps to ensure that the system, within constitutional …

Inside The Black Box Of Prosecutor Discretion, Megan S. Wright, Shima Baughman, Christopher Robertson

Utah Law Faculty Scholarship

In their charging and bargaining decisions, prosecutors have unparalleled and nearly-unchecked discretion that leads to incarceration or freedom for millions of Americans each year. More than courts, legislators, or any other justice system player, in the aggregate prosecutors’ choices are the key drivers of outcomes, whether the rates of mass incarceration or the degree of racial disparities in justice. To date, there is precious little empirical research on how prosecutors exercise their breathtaking discretion. We do not know whether they consistently charge like cases alike or whether crime is in the eye of the beholder. We do not know what …

American Punishment And Pandemic, Danielle C. Jefferis

Faculty Scholarship

Many of the sites of the worst outbreaks of the disease caused by the novel coronavirus (COVID-19) are America’s prisons and jails. As of March 2021, the virus has infected hundreds of thousands of incarcerated people and well over two thousand have died as a result contracting the disease caused by the virus. Prisons and jails have been on perpetual lockdowns since the onset of the pandemic, with family visits suspended and some facilities resorting to solitary confinement to mitigate the virus’s spread, thereby exacerbating the punitiveness and harmfulness of incarceration. With the majority of the 2.3 million people incarcerated …

Covid-19 And Business Interruption Insurance: The Constitutionality Of Legislatively Mandated Coverage, William G. Arnold

South Carolina Law Review

No abstract provided.

Budding Change, Pamela R. Metzger, Victoria Smiegocki, Kristin Meeks

Deason Center Reports

Budding Change explores what happened when Dallas County District Attorney John Creuzot (DA Creuzot) radically changed his office’s policies about the prosecution of first-time misdemeanor marijuana cases. The report concludes that DA Creuzot’s 2019 policies were associated with significant reductions in police enforcement of marijuana misdemeanor laws. As a result, marijuana screening caseloads within the District Attorney’s Office declined substantially. Budding Change shows that prosecutorial policies can have a profound impact on policing behaviors.