Suchergebnisse

The purpose of this study is to analyze the law authority through criminal law politics states in the law concerning corruption. This study employed a normative juridical method with conceptual and statue approaches. This research collected the data from primary and secondary legal materials. These are to obtain a critical study of legal issues happening in society. The findings revealed that the criminal act of corruption does not provide a deterrent effect and is actually detrimental to the state. In addition, this study also found that the law concerning corruption increases the state's burden. This is because the prison sentence for corruptors is too light. The amount of money proceeds from corruption is not comparable to state spending in supporting the life of corrupt convicts in prison. The standard of penalty state in the law is too light compare to the result of corruption. Thus, it is necessary to reform the law on corruption due to the absence of proportionality in law and large losses to the state when dealing with corruption. The highest standard penalty for corruption only amounts to one billion Rupiah. In fact, many corruption cases reach to tens billions and even trillions rupiahs.

The discipline of ICL -- The subjects of international criminal law : ratione personae -- International crimes : ratione materiae -- Principles of criminal responsibility : the general part -- The "indirect enforcement system :" modalities of international cooperation in penal matters -- The "direct enforcement system :" history of international criminal investigations and prosecutions -- The international criminal court : a hybrid "direct enforcement system" -- Mixed models of international criminal justice -- The "procedural part" of ICL : procedural and evidentiary norms applicable to international criminal proceedings -- International criminal justice in the age of globalization -- Reflections on international criminal justice : past and future -- A historical review and quantitative analysis of international criminal justice

Engaging with contemporary literature on criminal law, prevention, risk, security, and criminalisation, this volume argues that the pervasiveness of prevention in 21st century criminal justice systems represents the manifestation of essential aspects of the liberal legal and political tradition.

AbstractThe author critically analyses in this article the status of incitement in international criminal law. After a discussion of the relevant judgments by the Nuremberg Tribunal and related courts, including German de-Nazification courts, the travaux préparatoires of the Genocide Convention and the case-law of the International Criminal Tribunals, the international approach is criticized, particularly its practice of regarding only direct and public incitement to genocide as inchoate, whilst instigation generally is treated as not inchoate. The author recommends the adoption of an approach modelled on German and Swiss domestic law and argues that instigation per se should also be regarded as an inchoate crime.

Chapter 1. Introduction -- Chapter 2. The making of criminal law as an element of ius puniendi -- Chapter 3. Substantive criminal law in the normative approach -- Chapter 4. Non-state actors as law-makers -- Chapter 5. Regulation issued by the non-state actors. Chapter 6. Conflict of regulation-elements of norms -- Chapter 7. The regulation of non-state actors as elements of the domestic penal norms -- Chapter 8. Conclusions.