Suchergebnisse

The latest amendment to the CPA / 08 is one of the most demanding changes that accompanied the transposition of the EU Directive into our national legislation. Although more than one directive is concerned, the most significant is the Directive of the European Parliament and Council Directive 2013/48 / EU on 22 October 2013., on access to the lawyer in criminal proceedings and in proceedings based on a European Arrest Warrant, as well as on the right to third party information in the event of arrest and a right to communication with third parties and consular authorities. In essence, the Directive amended the police's conduct towards the suspect in a way that "forbids" the gathering of information from the suspect, and the police are obliged to conduct the investigation with the full guarantee of the right to defense. Considering the practical aspect of the current legislation, especially when conducting criminal investigations into the domain of general criminality (blood and property delicts), for police officers, the informal testimony of the suspect plays a significant role in further prosecuting and directing criminal investigation. Directing the investigation is important for detecting potential perpetrators of crime, finding objects and traces that have resulted from the perpetration of a criminal offense or from those used to commit a criminal offense, ie information, objects and traces that might be of use to successfully conduct criminal proceedings. With the Amendments to the CPA / 08, police officers will no longer be able to conduct such informal informational conversation with the suspect for a specific criminal offense. The basic aim of the research is to establish which changes do the amendments to the legal provisions haveon the detective and the demonstration activity of the police, and from a practical aspect, the research aims to look at the difficulties as well as the benefits faced daily by the police officers in detecting and proving the perpetration of criminal offenses. This paper presents the results of preliminary research conducted in the area of Zagreb County Police Administration.

The goal of the research is to analyze and evaluate different applied and proposed models of cross-border evidence gathering in European Union criminal law. Its starting hypothesis is that European Union Criminal Law needs a model of cross-border evidence gathering that is going to take into account and adequately balance the interests of all the actors involved in the process of cross-border evidence gathering: the cooperating States, the individual affected, and the EU. Primary object of the analysis and evaluation are the traditional cooperation model – mutual legal assistance model, and the modern, EU specific, model – mutual recognition model. Next to them, other proposed alternative models of cross-border evidence gathering are also analyzed and evaluated. In order to achieve its goal, the research uses the following methods which are characteristic for legal sciences: the theoretical method, the normative method, the comparative method, and the case study method. Theoretical method is used to provide a better understanding of the historical background and the main principles of different models. The normative method is used in order to analyze the provisions of the legal instruments which govern the area. When the normative analysis is conducted, the respective legal instruments are looked at from three different perspectives: the position of the requesting/issuing State, the position of the requested/executing State, and the position of the individual concerned. The comparative method is used to present the differences between the models. The case study method is used in order to analyze the practical functioning of the models. The result of the research can be summarized as follows: 1. the traditional cooperation model – the mutual legal assistance model - can not answer the challenges posed before cross-border evidence gathering by the increase of transnational criminal activities, 2. the mutual recognition model is a better solution, both on the theoretical, and on the normative level, because it is more successful in balancing the interests of all the actors involved in the process; 3. the mutual recognition model would function much better in the surrounding of harmonized national criminal laws, 4. it is also possible to develop the elements of a supranational legal order in the selected areas, 5. different models can be applied and combined at the same time.

Pancasila as the ideology of the nation which contains values as a philosophy for the life of the nation and state where human values as a form of awareness of human attitudes and actions based on the potential of human conscience in relation to norms and culture in general, it can generally be said that humans free to do whatever he wants, one of which is to do marriage. However, marriage in early childhood has caused several factors including, losing the rights that he should have gotten since childhood. There are a lot of reports about child marriage in Indonesia and conflicting rules between the two Laws (Law), namely Law No. 23 of 2002 concerning Child Protection and Law No. 1 of 1974 concerning Marriage, this is the reason the author examines child marriage from two corners of the Act. In general, law enforcement of violations of the minimum marriage age from the formulation stage has been problematic where the Child Protection Act does not include the Marriage Law in the consideration given, the application stage how it can run optimally if the formulation stage is already problematic, as well as the execution stage how it can provide benefits if there are multiple interpretations. In the enforcement and implementation of child marriage rules even though the Child Protection Act cannot be obstructed even though it has been married according to the Marriage Law. The most fundamental obstacle to law enforcement lies in the inadequacy or incompleteness of the laws and regulations, so that there are many so-called "multiple interpretations" and finally there are doubts in law enforcement. Conditions like this will eventually eventually bring up what is known as "retroactive law" which is certainly full of speculation, and this is very dangerous for the rule of law. The Marriage Law and the Child Protection Act must be revised and the two Laws equalize the rules, especially regarding child marriage rules. This revision needs to be done so as not to confuse and provide legal certainty related to child marriage. It is necessary to include the Marriage Law in the "Remembering" consideration in the Child Protection Act. Both laws must include rules regarding child marriage regulated in the Child Protection Act article so that these two laws harmonize with each other so that they do not cause multiple interpretations. The study was conducted with a type of normative juridical approach and empirical juridical conducted by examining the theories, concepts and legislation related to this research also by looking at the facts and interviews with respondents to gather opinions about law enforcement and factors obstruction of law enforcement violations of the minimum age of marriage. ; Pancasila as the ideology of the nation which contains values as a philosophy for the life of the nation and state where human values as a form of awareness of human attitudes and actions based on the potential of human conscience in relation to norms and culture in general, it can generally be said that humans free to do whatever he wants, one of which is to do marriage. However, marriage in early childhood has caused several factors including, losing the rights that he should have gotten since childhood. There are a lot of reports about child marriage in Indonesia and conflicting rules between the two Laws (Law), namely Law No. 23 of 2002 concerning Child Protection and Law No. 1 of 1974 concerning Marriage, this is the reason the author examines child marriage from two corners of the Act. In general, law enforcement of violations of the minimum marriage age from the formulation stage has been problematic where the Child Protection Act does not include the Marriage Law in the consideration given, the application stage how it can run optimally if the formulation stage is already problematic, as well as the execution stage how it can provide benefits if there are multiple interpretations. In the enforcement and implementation of child marriage rules even though the Child Protection Act cannot be obstructed even though it has been married according to the Marriage Law. The most fundamental obstacle to law enforcement lies in the inadequacy or incompleteness of the laws and regulations, so that there are many so-called "multiple interpretations" and finally there are doubts in law enforcement. Conditions like this will eventually eventually bring up what is known as "retroactive law" which is certainly full of speculation, and this is very dangerous for the rule of law. The Marriage Law and the Child Protection Act must be revised and the two Laws equalize the rules, especially regarding child marriage rules. This revision needs to be done so as not to confuse and provide legal certainty related to child marriage. It is necessary to include the Marriage Law in the "Remembering" consideration in the Child Protection Act. Both laws must include rules regarding child marriage regulated in the Child Protection Act article so that these two laws harmonize with each other so that they do not cause multiple interpretations. The study was conducted with a type of normative juridical approach and empirical juridical conducted by examining the theories, concepts and legislation related to this research also by looking at the facts and interviews with respondents to gather opinions about law enforcement and factors obstruction of law enforcement violations of the minimum age of marriage.

AbstractThis essay examines the criminological conceptualizations and research on police crime, that is, the criminal behavior of sworn law enforcement officers. It starts with an overview of the conceptualization of police crime as it relates to organizational and scholarly perspectives of social deviance. Police deviance is often conceptualized to include various misconduct, corruption, and/or crime committed by police organizations and police officers. This essay focuses on police crime resulting in the arrest of a sworn law enforcement officer and is organized within a conceptual framework that incorporates five types of police crime: sex‐related police crime, alcohol‐related police crime, drug‐related police crime, violence‐related police crime, and profit‐motivated police crime.

This book explores the interaction, divergence, and convergence between the European Court of Human Rights and general international law as developed by the International Court of Justice. It focuses on sources of international law, methods of interpretation, jurisdiction, state responsibility and immunity.

Children are the nation's assets and the next generation's state. Every child has the same human rights as humans in general, as is constantly reported in the mass media about cases of child sexual abuse that need to get an important spotlight for the law to act as soon as possible. Criminal penalties for perpetrators of sexual violence as stated in the Criminal Code and the Child Protection Act are considered ineffective, so the Government passed PERPU No. 1/2016 into UU 17/2016, which applies punishment for perpetrators of sexual violence crimes, including by chemically imposing castration. Arrangements on child sexual intercourse are also regulated in Child Protection Act No.35 of 2014. About the criminal acts of sexual violence against children in articles 76D, 76E and in KUHP, several articles protect children against sexual violence; protection of children is indicated by the provision of criminal punishments for perpetrators. Sexual violence crimes in Indonesia are increasing every year.

Criminal law reform is part of criminal law policy and is closely related to law enforcement policies, criminal policies and social policies. One of the forms of national legal development reform is the Reform of the Criminal Justice System (SPP) which is an integral part of a sub-system, namely legal substance, legal structure, and legal culture. Corruption as an organized crime in Indonesia is categorized as extra ordinary crimes that have an impact on the creation of injustice in society. One of the injustices referred to is related to the non-return of state losses stolen by corruptors. Whereas efforts to recover state losses are closely related to legal instruments in force in a country. In Indonesia, the Criminal Code and the Law on the Eradication of Corruption places the confiscation of proceeds of corruption only as an additional punishment and does not have a clear formula for the mechanism of deprivation of properties, resulting in unclarity/obscurity of norms. This condition should not occur, therefore it is necessary to reform the criminal law immediately by studying the criminal perpetrators of a criminological perspective, which is related to the factors that cause people to commit criminal acts of curruption. This article is a study of the author concerning the importance of making legal arrangements regarding the deprivation of properties from the proceeds of corruption to mitigate the state losses. This article is compiled by applying normative legal research using statutory approaches, historical approaches, conceptual approaches and comparative approaches. It is concluded that there must be immediate reform of criminal law in Indonesia, especially regarding the deprivation of properties from the criminal act of corruption based on the development of criminal behavior (criminology) and the development of international criminal law concerning corruption.

The Social Contract is reinterpreted by emphasizing its relation to Rousseau's other writings and doctrines. In the spirit of Hobbesian realism, Rousseau regards natural law and other forms of "private morality" as ineffectual, invalid, and in practice dangerous tools of oppression and subversion. But, still more realistic than Hobbes, Rousseau thinks it impossible to build a nonoppressive state on men's selfish interests alone and embraces the classical view that morality or virtue is politically necessary (as well as intrinsically good). Rousseau's doctrine of the natural goodness of man, however, which traces all vice to the effects of oppression, leads him to conclude that the non-oppression more or less guaranteed by the absolute rule of general laws is also sufficient to make men virtuous. Thus Rousseau can declare law as such (General Will) infallible and "sovereign"—and he must do so in order to protect rule of law from its greatest danger, the subversive appeal to "natural law."