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Full-Text Articles in Criminal Law

Legalization Of Abortion Against Victims Of Rape Crimes Viewed From Victimology Perspective, Siska Elvandari Apr 2020

Legalization Of Abortion Against Victims Of Rape Crimes Viewed From Victimology Perspective, Siska Elvandari

Jurnal Hukum & Pembangunan

One of human rights guaranteed and protected in the 1945 Constitution is the right to live and maintain life, stated in Article 28 A of the 1945 Constitution. The right to live and maintain life is the highest right that is inherent in human beings as the subject of law since humans were born to death in the world. The right to live and maintain life is not only inherent in human beings who have been born, but also in humans or children who are still in the womb, stated in Article II of the Civil Code that "Children are …

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Politik Hukum Pidana Terhadap Perbuatan Narapidana Melarikan Diri Dari Lembaga Pemasyarakatan Di Indonesia, Muhammad Fatahillah Akbar Apr 2020

Politik Hukum Pidana Terhadap Perbuatan Narapidana Melarikan Diri Dari Lembaga Pemasyarakatan Di Indonesia, Muhammad Fatahillah Akbar

Jurnal Hukum & Pembangunan

Prison escape has been committed by many prisoners in several correctional institutions in Indonesia. Since it is not a crime under Indonesian Law, the punishment of the action is merely an discipline sanction. Then, the existing punishment is not sufficient to prevent and eradicate prison escape. Hence, the rehabilitation by the correctional system will never work. This paper aims to analyse how the existing legislation regulates on the prison escape and how the viable regulation in prison escape. It is proven than in the Act on Correctional Institution and in the other relevan regulations, prison escape can never be investigated …

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Peliputan Secara Langsung Persidangan Perkara Pidana Oleh Media Televisi Dihubungkan Dengan Asas Pemeriksaan Di Pengadilan Terbuka Untuk Umum Dalam Rangka Pembaharuan Hukum Acara Pidana, Merti Ardilla, Elis Rusmiati, Ijud Tajudin Apr 2020

Peliputan Secara Langsung Persidangan Perkara Pidana Oleh Media Televisi Dihubungkan Dengan Asas Pemeriksaan Di Pengadilan Terbuka Untuk Umum Dalam Rangka Pembaharuan Hukum Acara Pidana, Merti Ardilla, Elis Rusmiati, Ijud Tajudin

Jurnal Hukum & Pembangunan

In the practice of judiciary in Indonesia, the phenomenon of direct trial of cases of punishment by the press appeared and then broadcast live through television media, this could occur in a situation as a trial announced for the public. This practice has a negative impact, among others, will refute the principle of the presumption of innocence and have an impact on the evidence at the trial. This study aims to find out and analyze the provisions regarding the coverage of trials in court by disputes with the public interest and the principle of examination at the trial open to …

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Pencemaran Nama Baik Dan Penghinaan Melalui Media Teknologi Informasi Komunikasi Di Indonesia Pasca Amandemen Uu Ite, Anton Hendrik Samudra Apr 2020

Pencemaran Nama Baik Dan Penghinaan Melalui Media Teknologi Informasi Komunikasi Di Indonesia Pasca Amandemen Uu Ite, Anton Hendrik Samudra

Jurnal Hukum & Pembangunan

The amendment of the ITE Law is conducted to provide better legal certainty. This is an effort to respond to society development and aims to provide better legal protection and justice. The implementation of freedom of expression in the media of Information Communication Technology (ICT) affecting the number of defamation. With the amendment of ITE law, it is necessary to examine the nature of defamation offense and libel through ICT media.

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Partisipasi Perempuan Dalam Proses Pengambilan Keputusan Di Dewan Adat Terkait Dengan Penyelesaian Kasus-Kasus Kekerasan Terhadap Perempuan: Kisah Dari Atambua, Sumba Timur, Rote Dan Labuan Bajo, Lidwina Inge Nurtjahyo Apr 2020

Partisipasi Perempuan Dalam Proses Pengambilan Keputusan Di Dewan Adat Terkait Dengan Penyelesaian Kasus-Kasus Kekerasan Terhadap Perempuan: Kisah Dari Atambua, Sumba Timur, Rote Dan Labuan Bajo, Lidwina Inge Nurtjahyo

Jurnal Hukum & Pembangunan

Based on Convention on Elimination of Discrimination Against Women, especially in Articles 2c, 5a, 7b and c, 15 (1) and (2) women and men are equal. If there are any discriminations, the states which have ratified the Convention shall eliminate the discriminations from rules or tradition or practices. Women in some indigenous communities have some limitation in decision making process, even in the process to get solution in violence aghaainst women cases. For examples in Rote, Labuan Bajo, East Sumba and Atambua (East Nusa Tenggara) women have limited access to the decision-making process in indigenous forums even in cases of …

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Pelaksanaan E-Court Menurut Perma Nomor 3 Tahun 2018 Tentang Administrasi Perkara Di Pengadilan Secara Elektronik Dan E-Litigation Menurut Perma Nomor 1 Tahun 2019 Tentang Administrasi Perkara Dan Persidangan Di Pengadilan Secara Elektronik (Studi Di Pengadilan Negeri Di Indonesia), Sonyendah Retnaningsih, Disriani Latifah Soroinda Nasution, Rouli Anita Velentina, Kelly Manthovani Apr 2020

Pelaksanaan E-Court Menurut Perma Nomor 3 Tahun 2018 Tentang Administrasi Perkara Di Pengadilan Secara Elektronik Dan E-Litigation Menurut Perma Nomor 1 Tahun 2019 Tentang Administrasi Perkara Dan Persidangan Di Pengadilan Secara Elektronik (Studi Di Pengadilan Negeri Di Indonesia), Sonyendah Retnaningsih, Disriani Latifah Soroinda Nasution, Rouli Anita Velentina, Kelly Manthovani

Jurnal Hukum & Pembangunan

The process of resolving cases at a trial is not always carried out conventionally ie the parties come directly to the trial but can be done online. This is marked by the launch of the e-court application on July 13, 2018. With the launch of the e-court application, the Supreme Court has moved towards electronic justice which will fundamentally change the practice of litigation services in the courts. Since the issuance of Supreme Court Regulation No. 1 of 2019 concerning Administrative of Cases and Trials in Electronic Courts on August 19, 2019, the Supreme Court Regulation No. 3 of 2018 …

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Peran Dan Fungsi Notaris Dalam Pembuatan Kontrak Bagi Hasil Minyak Dan Gas Bumi Di Indonesia, Zakia Vonna, Sri Walny Rahayu, M. Nur Apr 2020

Peran Dan Fungsi Notaris Dalam Pembuatan Kontrak Bagi Hasil Minyak Dan Gas Bumi Di Indonesia, Zakia Vonna, Sri Walny Rahayu, M. Nur

Jurnal Hukum & Pembangunan

This article describes contract as one of the essential elements in commercial law, one of which is the oil and gas sector. Therefore, in drafting the contract in the sector, requirements set in prevailing laws and regulation need to be met. In practice, notaries are often involved as public officials in the process of contract drafting in accordance with Article 15 of Law No 2 of 2014 regarding the amendment for Law No 30 of 2004 regarding the Legal Constitution of Notary Public Profession, because they are state officials who are authorized to draft and ratify contracts. This research was …

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Merekonstruksi Paradigma Gugatan Citizen Lawsuit Di Indonesia Sebagai Sengketa Administrasi, Muhammad Adiguna Bimasakti Apr 2020

Merekonstruksi Paradigma Gugatan Citizen Lawsuit Di Indonesia Sebagai Sengketa Administrasi, Muhammad Adiguna Bimasakti

Jurnal Hukum & Pembangunan

Citizen Lawsuit is an alternative law enforcement mechanism for citizens. Every citizen has the same right to file a Citizen Lawsuit in the court. However, the problems are that there is no definite regulation regarding the authority to adjudicate Citizen Lawsuit, and its contact with the “Judicial Review” which is the constitutional authority of the Supreme Court. In addition there are also problems related to discretionary authority where there is a prohibition for judges to judge the good and bad of the government's discretionary actions. This paper tries to answer these problems through normative and theoretical approaches. The contact between …

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Urgensi Revisi Undang-Undang Nomor 6 Tahun 2014 Tentang Desa Perihal Pembangunan Desa, Dian Herdiana Apr 2020

Urgensi Revisi Undang-Undang Nomor 6 Tahun 2014 Tentang Desa Perihal Pembangunan Desa, Dian Herdiana

Jurnal Hukum & Pembangunan

The enactment of Law Number 6 of 2014 on Villages brings optimism to the creation of village development that is able to realize village autonomy. But in practice, the Village Law has not been able to realize the development goals. On this basis, this article is intended to examine village development from the perspective of the substance of the Village Law. The method used in this study is a juridical-normative method with a descriptive approach. The results of the study show that the substance of the Village Law does not give full authority to the villages in local-participatory development, even …

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Rule Of Law, Neoliberalisme Dan Proyek Reformasi Hukum World Bank: Perspektif Critical Legal Studies, Syahriza Alkohir Anggoro Apr 2020

Rule Of Law, Neoliberalisme Dan Proyek Reformasi Hukum World Bank: Perspektif Critical Legal Studies, Syahriza Alkohir Anggoro

Jurnal Hukum & Pembangunan

The emergence of World Bank legal reform projects in promoting the rule of law has been successful to encourage third world countries to reform their legal aspects to help formulate market friendly policy. This article tries to question the concept of rule of law that is materialized in many World Bank legal reform projects by using critical legal perspective to analysis legal scholarship on the role of law in the context of development. It trying to present an alternative explanation of World Bank’s rule of law which we are hypothetizing as a neoliberal concept. World Bank’s rule of law are …

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Why Justice Kavanaugh Should Continue Justice Kennedy’S Death Penalty Legacy—Next Step: Expanding Juvenile Death Penalty Ban, Alli Katzen Apr 2020

Why Justice Kavanaugh Should Continue Justice Kennedy’S Death Penalty Legacy—Next Step: Expanding Juvenile Death Penalty Ban, Alli Katzen

University of Miami Law Review

As science and society both progress, Supreme Court rulings should reflect those changes. The national consensus has been gradually moving away from the use of the death penalty, particularly as applied to offenders between the ages of eighteen and twenty-five. Research clarifies that the brain is not fully developed in the areas most directly linked to culpability until after this age range. The combination of these factors should compel the Court to raise the minimum age for death sentences, but the shifting bench presents unpredictability

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Bucklew V. Precythe'S Return To The Original Meaning Of "Unusual": Prohibiting Extensive Delays On Death Row, Jacob Leon Apr 2020

Bucklew V. Precythe'S Return To The Original Meaning Of "Unusual": Prohibiting Extensive Delays On Death Row, Jacob Leon

Cleveland State Law Review

The Supreme Court, in Bucklew v. Precythe, provided an originalist interpretation of the term “unusual” in the Eighth Amendment of the United States Constitution. This originalist interpretation asserted that the word “unusual” proscribes punishments that have “long fallen out of use.” To support its interpretation, the Supreme Court cited John Stinneford’s well-known law review article The Original Meaning of “Unusual”: The Eighth Amendment as a Bar to Cruel Innovation. This Article, as Bucklew did, accepts Stinneford’s interpretation of the word “unusual” as correct. Under Stinneford’s interpretation, the term “unusual” is a legal term of art derived from eighteenth-century …

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Limited Privacy In “Pings:” Why Law Enforcement’S Use Of Cell-Site Simulators Does Not Categorically Violate The Fourth Amendment, Lara M. Mcmahon Apr 2020

Limited Privacy In “Pings:” Why Law Enforcement’S Use Of Cell-Site Simulators Does Not Categorically Violate The Fourth Amendment, Lara M. Mcmahon

Washington and Lee Law Review

This Note proposes four factors courts should consider when asked to determine whether law enforcement’s use of a cell-site simulator constituted a Fourth Amendment search. The first asks courts to consider whether the cell-site simulator surveillance infringed on a constitutionally protected area, such as the home. The second asks courts to consider the duration of the cell-site simulator surveillance. The third asks courts to consider whether the cell-site simulator surveillance was conducted actively or passively. The fourth asks courts to focus on the nature and depth of the information obtained as a result of the cell-site simulator surveillance. If, after …

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Kids, Not Commodities: Proposing A More Protective Interpretation Of The Child Sex Trafficking Statute For Victims And Defendants, Kimberly Blasey Apr 2020

Kids, Not Commodities: Proposing A More Protective Interpretation Of The Child Sex Trafficking Statute For Victims And Defendants, Kimberly Blasey

Washington and Lee Law Review

This Note addresses how courts should interpret the “reasonable opportunity to observe” standard when assessing evidence. In other words, what quantum of evidence is, and should be, sufficient to prove a defendant had a “reasonable opportunity to observe” a sex trafficking victim? Would a singular brief encounter with an older-appearing prostitute satisfy the standard? If so, would the mere fact that the “prostitute” was actually a minor be the only evidence needed to obtain a conviction? Or would the defendant’s intention and attempt to order services from an adult prostitute shed light on the reasonableness of his observation opportunity? Moreover, …

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Growing Old And Getting Sick Are Dangerous In Prison: A Moral And Legal Argument For “Justice, Not Vengeance”, Jillian Sauer Apr 2020

Growing Old And Getting Sick Are Dangerous In Prison: A Moral And Legal Argument For “Justice, Not Vengeance”, Jillian Sauer

Undergraduate Theses

In 2017 the Kentucky DOC reported that Kentucky prisons housed 2,521 persons categorized as “elderly”. Even though individuals in this population are more susceptible to violence and risk developing age-related illnesses the care of these individuals is not a financial priority for those in power. These individuals occupy a unique position as a marginalized group within a marginalized group, and one which is growing rapidly. As a result, it is necessary to develop a response drawing from Catholic social teaching and criminal justice ethics which addresses the unique problems faced by this population. At the core of this response is …

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Wellman V. State: Confusing The Standard Of Excusable Neglect, Andrew L. Black Apr 2020

Wellman V. State: Confusing The Standard Of Excusable Neglect, Andrew L. Black

Maine Law Review

In Maine, as in most other states, a person convicted of a criminal offense is entitled to state post-conviction review upon proper filing of a petition. The Maine Rules of Criminal Procedure establish deadlines for such a filing and for the responsive answer by the State. Application for an enlargement of time in which to respond requires the State to show cause. If, however, the State makes this application after the initial period for response, the Rules impose a much stricter standard—a showing of “excusable neglect.” In Wellman v. State the Maine Supreme Judicial Court, sitting as the Law Court, …

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State V. Violette: Harsher Resentencing Encounters A Bolder Resumption Of Vindictiveness, Thomas C. Bradley Apr 2020

State V. Violette: Harsher Resentencing Encounters A Bolder Resumption Of Vindictiveness, Thomas C. Bradley

Maine Law Review

Twenty-one years ago, in Weeks v. State, the Maine Supreme Judicial Court, sitting as the Law Court, adopted a rule to prevent judicial vindictiveness when resentencing defendants who had successfully appealed their conviction and been reconvicted. The Weeks court adopted as a state due process protection the United States Supreme Court's rule laid down the preceding year in North Carolina v. Pearce. The Pearce rule provides that harsher resentencing of such defendants creates a presumption of constitutionally prohibited vindictiveness unless the harsher sentence is explicitly based on some identifiable misconduct by the defendant since the prior sentencing. Thus, the Law …

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State V. Pinkham: Erosion Of Meaningful Forth Amendment Protection For Vehicle Stops In Maine?, Roger M. Clement Jr. Apr 2020

State V. Pinkham: Erosion Of Meaningful Forth Amendment Protection For Vehicle Stops In Maine?, Roger M. Clement Jr.

Maine Law Review

In State v. Pinkham, the Maine Supreme Judicial Court, sitting as the Law Court, held that a police officer's stop of a motorist to inquire and advise about the motorist's improper-but not illegal-lane usage did not necessarily violate the Fourth Amendment's proscription against unreasonable seizures. The Pinkham decision is the first time that the Law Court has validated the stop of a moving vehicle in the absence of either a suspected violation of law or an imminent, ongoing threat to highway safety.
This Note considers whether the Law Court was correct in sustaining the police officer's stop of Ronald Pinkham. …

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Wellman V. State: Confusing The Standard Of Excusable Neglect, Andrew L. Black Apr 2020

Wellman V. State: Confusing The Standard Of Excusable Neglect, Andrew L. Black

Maine Law Review

In Maine, as in most other states, a person convicted of a criminal offense is entitled to state post-conviction review upon proper filing of a petition. The Maine Rules of Criminal Procedure establish deadlines for such a filing and for the responsive answer by the State. Application for an enlargement of time in which to respond requires the State to show cause. If, however, the State makes this application after the initial period for response, the Rules impose a much stricter standard—a showing of “excusable neglect.” In Wellman v. State the Maine Supreme Judicial Court, sitting as the Law Court, …

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Please Stop: The Law Court's Recent Roadblock Decisions, Jonathan A. Block Apr 2020

Please Stop: The Law Court's Recent Roadblock Decisions, Jonathan A. Block

Maine Law Review

Police checkpoints or “roadblocks” have become an increasingly utilized law enforcement tool. At best, these checkpoints result in only a minor inconvenience to motorists. When abused, however, roadblocks have the potential for invidious invasions of privacy and personal freedom. Roadblocks are designed to deter, and to a lesser extent detect, criminal activity by stopping everyone—both the guilty and the law-abiding—for a brief inspection, thereby impinging to some degree on one's freedom of travel, privacy, and “right to be let alone.” Such “seizures” must be “reasonable” under the Fourth Amendment in order to survive constitutional challenge. The major difference between roadblocks …

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One Step Forward, One Step Back: Emergency Reform And Appellate Sentence Review In Maine, Amy K. Tchao Apr 2020

One Step Forward, One Step Back: Emergency Reform And Appellate Sentence Review In Maine, Amy K. Tchao

Maine Law Review

Perhaps in no other area of the law is a trial court's power greater than when it is given the task of criminal sentencing. Historically and traditionally, the trial court judge has been given the widest latitude of discretion in determining a proper sentence once a criminal defendant has been found guilty. Indeed, the task of sentencing has been deemed a matter of discretion rather than a question of law. As a result, trial judges historically have not articulated reasons for the sentences that they impose. However, with very few standards or criteria to measure the appropriateness of their decisions, …

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First Amendment “Harms”, Stephanie H. Barclay Apr 2020

First Amendment “Harms”, Stephanie H. Barclay

Indiana Law Journal

What role should harm to third parties play in the government’s ability to protect religious rights? The intuitively appealing “harm” principle has animated new theories advanced by scholars who argue that religious exemptions are indefensible whenever they result in cognizable harm to third parties. This third-party harm theory is gaining traction in some circles, particularly in light of the Supreme Court’s pending cases in Little Sisters of the Poor and Fulton v. City of Philadelphia. While focusing on harm appears at first to provide an appealing, simple, and neutral principle for avoiding other difficult moral questions, the definition of harm …

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A Case For Reforming The Anti-Money Laundering Regulatory Regime: How Financial Institutions’ Criminal Reporting Duties Have Created An Unfunded Private Police Force, Christopher Wilkes Apr 2020

A Case For Reforming The Anti-Money Laundering Regulatory Regime: How Financial Institutions’ Criminal Reporting Duties Have Created An Unfunded Private Police Force, Christopher Wilkes

Indiana Law Journal

Part I of this Note provides background information outlining the relevant BSA/AML laws that establish financial institutions’ affirmative duties to report financial crimes. Part II analyzes the contours of other laws that create mandatory criminal reporting obligations, including their extent, their underlying justifications, and how stringently government agencies enforce them. Part III demonstrates how financial institutions’ reporting duties are uniquely stringent and punitive compared to those imposed elsewhere in the law, and it questions the justifications of this policy. Lastly, Part IV of this Note argues that the BSA/AML regulatory regime could be reformed to reduce the costs and duties …

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The African Union-Icc Controversy Before The Icj: A Way Forward To Strengthen International Criminal Justice?, Sascha-Dominick Dov Bachmann, Naa A. Sowatey-Adjei Apr 2020

The African Union-Icc Controversy Before The Icj: A Way Forward To Strengthen International Criminal Justice?, Sascha-Dominick Dov Bachmann, Naa A. Sowatey-Adjei

Washington International Law Journal

The International Criminal Court was set up as a court of last resort to prosecute the most serious crimes under international law when its member states are either unable or unwilling to act. The African Union initially welcomed the court due to the continent’s history of violence and war. However, their soured when the ICC began indicting African heads of state and government officials. Since then, there has been a constant “battle” over whether such defendants could invoke immunity under customary international law. General criticism of the ICC by the African Union and other observers for its lack of focus …

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Digital Evidence In Criminal Cases Before The U.S. Courts Of Appeal: Trends And Issues For Consideration, Martin Novak Apr 2020

Digital Evidence In Criminal Cases Before The U.S. Courts Of Appeal: Trends And Issues For Consideration, Martin Novak

Journal of Digital Forensics, Security and Law

Though the use of computer forensics in criminal investigations has expanded in recent years, there is little empirical evidence about the prevalence of the use of digital evidence in the court system and its impact on prosecution outcomes. This paper was an examination of criminal cases before the United States Courts of Appeal in which legal issues were related to digital evidence. The purpose of this research was to determine the most common legal basis for appeals relating to the introduction or exclusion of digital evidence, the frequency with which cases involving an appeal regarding digital evidence affirmed or reversed …

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Modern-Day Witch Hunts: How The Mental Health Industry Abuses Patients And The Judiciary While Committing Fraud, Joan L. Roberts Mrs. Apr 2020

Modern-Day Witch Hunts: How The Mental Health Industry Abuses Patients And The Judiciary While Committing Fraud, Joan L. Roberts Mrs.

Conspectus Borealis

No abstract provided.

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The Concepts Of Criminal Staging, Its Elements, Methods Of Detection And Investigation N, A. Khakberdiev Apr 2020

The Concepts Of Criminal Staging, Its Elements, Methods Of Detection And Investigation N, A. Khakberdiev

Review of law sciences

In the conditions of modernization and reforming of the country, the law- enforcement and judicial-legal reforms are primarily aimed at comprehensive protection of human rights, freedoms and legitimate interests. This is to give the state the role of a chief reformer, to ensure the rule of law, to implement strong social policies, and gradually and gradually. There are also problems with the involvement of preliminary investigations and inquiries. This article analyzes the concept and importance of the investigation, the elements of criminal instances and instances, the investigative activity, the theory of evidence, as well as the methods of detecting and …

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Aggravating Circumstances Of Illegal Travel Abroad Or Illegal Entry Into The Republic Of Uzbekistan, A. Allanova Apr 2020

Aggravating Circumstances Of Illegal Travel Abroad Or Illegal Entry Into The Republic Of Uzbekistan, A. Allanova

Review of law sciences

This article analyzes the aggravating circumstances provided for in the second part of Article of the Criminal Code of the Republic of Uzbekistan and offers to improve legislation are developed.

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Criminal Liability For Murder In The Avesta, K. Abzalova Apr 2020

Criminal Liability For Murder In The Avesta, K. Abzalova

Review of law sciences

In this article, the author analyzes the features of criminal liability for premeditated murder according to Avesta. The author notes that premeditated murder was considered a grave sin. At the end of the article, the corresponding conclusions were drawn.

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Concluding Agreements Contrary To The Interests Of The Republic Of Uzbekistan As A Crime In The Field Of Public Procurement, B. Bobojonov Apr 2020

Concluding Agreements Contrary To The Interests Of The Republic Of Uzbekistan As A Crime In The Field Of Public Procurement, B. Bobojonov

Review of law sciences

This article describes the threat to the financial and economic stability of the state by the crime of concluding agreements contrary to the interests of the Republic of Uzbekistan as one of the socially dangerous acts in the field of public procurement. Proposals were also made to differentiate and improve the liability for concluding agreements contrary to the interests of the Republic of Uzbekistan.

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