Suchergebnisse

Restorative justice is currently being utilised as an alternative method for resolving criminal cases. As this approach continues to evolve, there have been numerous instances where judges have considered implementing Restorative Justice efforts during trials as a factor in determining the severity of punishment. This study aims to identify the legal foundation for implementing Restorative Justice at the Court Level and examine the considerations made by judges when applying Restorative Justice in sentencing criminal cases. This research employs a prescriptive normative legal research methodology, incorporating both a statutory approach (statute approach) and a contextual approach (conceptual approach). Primary and secondary legal materials and relevant non-legal materials are utilised in this study. The findings of this research demonstrate that the Supreme Court has long embraced the concept of restorative justice through implementing policies. Furthermore, it has become a significant factor for judges to consider when making decisions.

This study examines how the reformulation of electronic criminal trials in Indonesia ensures the correct legal process. The research approach used is normative juridical law research, namely by analyzing several primary kinds of literature such as legislation, and legal theory to the views of scholars. The results obtained from this study are that Indonesia as a state of law certainly in its judicial system must obey the law. Indonesia is currently trying to impose electronic trials in resolving several cases in court through the use of electronic media such as teleconferences. This activity is based on the legislation governing electronic criminal trials such as PERMA Number 1 of 2019, PERMA Number 4 of 2020, the Criminal Code, and other related regulations. This regulation forms the basis for the implementation of electronic trials in Indonesia with the main objective of creating fast, simple, and inexpensive trials. However, the facts on the ground show that the problems that occur related to the implementation of this activity are not only technical problems or facilities and infrastructure but also public doubts about the quality of the results of the trial. This phenomenon also occurs in several countries that enforce electronic courts, such as the United States and the Netherlands. Therefore, there is a need for reformulation of statements in legislation so that it does not only focus on the goal of creating a fast, simple and inexpensive judiciary but also needs to be emphasized to ensure the proper legal process occurs.

The application of criminal conviction against children often causes debate. The philosophy of the juvenile justice system prioritizes the protection and rehabilitation of child perpetrators. Article 1 number 7 Indonesia Juvenile Criminal Justice System Law Number 12 of 2012 states the diversion is a diversion of the settlement of juvenile cases from the criminal justice process to the outside the criminal justice process. In the period 2017 to 2020, there were 12 suspected child users of narcotics crime at the Malang City Police Resort. Of the 12 cases of children as users of narcotics crimes handled by the Malang City Police Resort, none of which could be attempted by diversion. This means that all cases concerning children as perpetrators of narcotics crimes are all P21 or go to court. According to progressive law, cases of children should not be resolved in the mechanism stated in the existing formal text of the rules. The use of a progressive legal approach in solving cases of narcotics abuse by children is more effective because children are the future of the next generation of the nation's struggle and for the best interests of the children themselves.

This study discusses in absentia trial system for traffic violations in Indonesia, proofing in traffic violations, and whether or not there is a need to prove errors in traffic violations. This study uses a normative juridical method with a legislative approach. The regulation of in absentia trial system has three requirements. First, absolute in absentia trial system. Second, the judge examines, adjudicates, and decides cases without the presence of the offender. Third, the offender is not called to attend the trials. Proofing of traffic violations has resulted from a valid evidence coupled with the judge's conviction. The faults of offenders in traffic violations must still be proven, not enough just by action.

Fulfillment of human rights, especially social security rights based on the 1945 Constitution of the Republic of Indonesia, still does not show justice for all Indonesian citizens. This happens because of the blurring of norms in the regulation of responsibility for fulfilling human rights, namely about who are the legal subjects who must be responsible and the scope of the scope of their responsibilities in the implementation of social security according to the 1945 Constitution of the Republic of Indonesia. This research aims to find out how the formulation arrangement of responsible subjects and the scope of their responsibilities in fulfilling human rights including the right to social security in Indonesia. This type of research is normative juridical, with a philosophical approach, a conceptual approach, and a statutory approach. Data analysis was carried out using qualitative techniques with descriptive analysis. The results of the study show that the formulation of responsible subject arrangements and the scope of their responsibilities in fulfilling human rights including the right to social security is to make clear and firm legal rules to regulate the responsibility for fulfilling human rights including the scope of fulfilling these human rights, parties who has responsibility, as well as the scope of responsibility in the implementation of social functions in the 1945 Constitution of the Republic of Indonesia.

The aim of this study is to investigate the similarities between political parties and corporations as legal entities, and to determine whether political parties are recognized as subjects of criminal law. The study uses the normative research method, specifically a statutory approach, to examine relevant laws and regulations. The findings suggest that political parties and corporations share similar characteristics, such as being associations of people and organized wealth associations that can be legal or non-legal entities. Therefore, political parties can be considered corporations. In terms of criminal law, both political parties and corporations are recognized as subjects of criminal law according to Article 1 Paragraph (1) of Law Number 20 of 2001, which amends Law Number 31 of 1999 concerning the eradication of criminal acts of corruption.

Spatial planning corporate criminal sanctions are criminal sanctions imposed on corporations as stipulated in Article 74 of Law Number 26 of 2007. The criminal sanction can be applied in controlling the planning of the territory so that there is order and the space is protected from violations of the use of the space. However, when looking at the data on zoning violations, this hope is still illusory where existing law has failed to deal with corporate violations. In addition, criminal liability has not reached the beneficiaries of the proceeds of corporate crimes so that the legal objectives are not achieved. The aim of this study is to find out what the legal implications of incomplete criminal sanctions instead of fines are for corporations in land-use offences. This research is a normative legal study with multiple approaches, including statutory approaches, case approaches, historical approaches, comparative approaches, and conceptual approaches. Legal material analysis techniques are performed in perspective. The results of the study show that the legal implication of incomplete criminal penalties instead of fines for corporations in land-use offenses is expressed only by Article 74 para. (1) to the Territorial Planning Law (UUPR) 26/2007 - Criminal sanctions for corporations. This cannot simply be operationalized because there is no regulation on the mode of committing crimes (straf modus), there are multiple interpretations that cause confusion. They lead to the non-fulfillment of the legal objectives in the article a quo.

In determining the inability of the Debtor to pay his debts to the Creditor known 2 (two) methods, namely: First, the Insolvency Test; Second, the use of prejudice of not being able to pay debts (Presumption of Inability to Pay). The Indonesian state uses the prejudice method of not being able to pay debts (Presumption of Inability to Pay), so the terms of bankruptcy become very simple. This article discusses the use of methods to determine the inability of the Debtor to repay debts associated with the prejudice to abuse (presumption of abuse) of the insolvency institution. The research method used in this article is normative juridical research with a statutory approach, a comparison approach, and a conceptual approach. There are several research results, namely; First, the politics of Indonesian insolvency law is time to change from prioritizing debt repayment to prioritizing Business Reorganization as found in the United States.; Second, it is time for the Indonesian state to abandon the prejudiced method of not being able to pay debts (Presumption of Inability to Pay) to use the Insolvency Test method to determine the incompetence of debtors in repaying debts.

Based on Article 37D of the Law of the Republic of Indonesia Number 4 of 2023 Concerning the Development and Strengthening of the Financial Sector (UUPPSK), OJK can stop investigations into alleged tipibanks. The termination of the investigation is contrary to the terms of termination of the investigation as specified in Article 109 of the Criminal Procedure Code which states that a crime can only be stopped if there is insufficient evidence, the case is not a criminal case and is due to legal interests and Article 1 of the Criminal Code regarding the principle of legality. Tipibank termination conditions are; there is a request from the perpetrator of the suspected bank crime against which the OJK approves and the perpetrator pays all losses and costs incurred as a result of the banking crime. there is a request from the suspected perpetrator of bank fraud that is given to OJK and OJK accepts and approves the said application, whether or not there is settlement of losses arising from tipibank, the amount of the loss and the impact on the banking sector, banks, the interests of customers and/or society. Meanwhile, the investigation termination mechanism is; the application of the alleged perpetrator of the tipibank was approved by the OJK and the perpetrator of the alleged tipibank paid compensation. Some of the problems in solving the alleged bank crime by stopping the investigation include; The condition for terminating a tipibank investigation is contrary to the Criminal Procedure Code and the Criminal Code, the concept of resolving allegations of tipibank through termination of investigation is not in line with the principles of restorative justice and the concept of settlement out of court (mediation). Typical bank generalizations that can be resolved through termination of investigations can eliminate the function and purpose of law. Ambiguity regarding the meaning of violations and bank tipi in the UUPPSK and PP-UUPPSK can cause its own problems in its application.

The phrase "deception" is one of the elements of the crime as a condition for the cancellation of an arbitration award, which is contained in the substance of Article 70 letter c of the Indonesia Arbitration and Alternative Dispute Resolution Law No. 30 of 1999. Elimination of explanation of Article 70 of Law No. 30 of 1999, the author sees that there is legal obscurity to the meaning of "deception" as a condition for the cancellation of an arbitration award. The norms as contained in Article 70 are the realm of criminal law, which in the settlement process is different from the realm of settlement through arbitration. This article is normative legal research with a statutory and conceptual approach. The result of this research is to explain and analyze the meaning of "deception" contained in the substance of Article 70 letter c of Law No. 30 of 1999 as a condition for the cancellation of an arbitration award. Whereas the element of "deception" which is used as a condition for the cancellation of an arbitration award in the arbitration settlement process is a criminal domain, so to prove this element must first be proven in the realm of criminal justice to obtain permanent legal force from the panel of judges. Elements of a criminal act cannot only be suspected but must be proven first.

Government makes various efforts to prevent the crime of money laundering. One of them is to encourage some parties to participate in supervising the suspicious financial transaction. In its practice, this triggers juridical problem such as verification and monitoring policies of financial transaction on the service users by the notaries. This research aims to describe the notary's criteria and legal responsibilities on the suspicious transaction. This article is based on the doctrinal legal research with statute and conceptual approaches. The research result shows that the criteria of suspicious financial transaction have been set in Indonesian legislation. The notary has legal responsibility to identify and verify the service users of authentic deed issue in implementing precautionary principles. This responsibility is accompanied by administrative sanction which is in line with the Regulation of the Minister of Law and Human Rights No. 9 of 2017, concerning the Implementation of Knowing Your Customer Principles for the Notary.Pemerintah melakukan berbagai upaya mencegah terjadinya tindak pidana pencucian uang. Salah satunya, mendorong berbagai pihak untuk turut serta mengawasi terjadinya traksaksi keuangan yang mencurigakan. Dalam pelaksanaannya, upaya ini menimbulkan problem yuridis. Seperti kebijakan verifikasi dan pemantauan transaksi keuangan pengguna jasa oleh notaris. Penelitian ini bertujuan untuk mendeskripsikan kriteria dan tanggung jawab hukum notaris terhadap terjadinya transaksi keuangan mencurigakan. Artikel ini berdasarkan penelitian hukum doktrinal, dengan pendekatan perundang-undangan dan pendekatan konseptual. Hasil penelitian menunjukkan bahwa kriteria transaksi keuangan menurigakan sudah diatur dalam peraturan perundang-undangan di Indonesia. Notaris memiliki tanggung jawab hukum untuk mengidentifikasi dan memverifikasi pengguna jasa pembuatan akta autentik dalam rangka penerapan prinsip kehati-hatian. Tanggung jawab ini disertai sanksi administrasi sesuai Peraturan Menteri Hukum dan Hak ...

The formulation of Law no. 5 of 2018 concerning the Eradication of Criminal Acts of Terrorism explains that in dealing with criminal acts of terrorism, a comprehensive criminal policy that involves all elements of society and stakeholders in Indonesia is needed. The referred comprehensive criminal policy is a policy with an approach to community protection and social welfare. The integration of this approach is formulated in both criminal and non-criminal law with prevention, action, and remedial approaches. A meeting participant who is representatives from the Supreme Court, Salman Luthan, stated that crime is not only a legal problem that must be resolved by criminal law or the criminal justice system but also social problems that must be addressed by other legal, economic, political, socio-cultural, and security defense. The ability of the criminal law or criminal justice system to deal with crimes is limited only to the ability to deal with the systematic symptoms of violations of criminal law. This study uses the Normative Juridical method. The goal to be achieved is to find a comprehensive formula for dealing with terrorism and deradicalization of terrorism crimes in Indonesia. Deradicalization as referred to in article 43 of Law no. 5 of 2018 is carried out through the following stages: identification / assessment; rehabilitation; re-education; and social reintegration.

Provisions of Article 32 Paragraph (2) of Law 31/1999 jo. Law 20/2001 provides an alternative to the filing of a civil suit to recover state financial losses for corruptors even though they have been terminated criminally free. The problem is how to implement the civil lawsuits in returning state finances in law practice. Because legal practice shows that there are legal problems in Article 32 paragraph (2) of Law 31/1999 jo. Law 20/2001 which implies the lack of use of civil litigation instruments in corruption cases.

The purpose of this research is to find out how to resolve corruption on the basis of the value of state loss with an economic approach to the law. This research is normative juridical research with a statute approach, comparative approach, case approach and conceptual approach. This research shows research on the philosophy of eradicating corruption, restoring state losses, and high efficiency in order to realize economic growth and national development through an economic analysis approach to the application of its law. The results showed that the PTPK Law was made for economic stability, therefore, solving the problem of corruption cannot be separated from the consideration of the country's economy, and the costs that pose a relative risk to state expenditure affecting the country's economy. The juridical reality, the regulation of additional criminal charges, namely the penalty of paying as much as the amount of corrupt compensation as stated in Article 18 paragraph 1 letter (b) of the PTPK Law, if it is related to empirical facts about the imbalance between costs and the recovered economic value, is the reality is that the series of state expenses have increased.

Corruption is a special criminal act, qualified as an ordinary crime but must be eradicated in extraordinary ways. In Indonesia, it is not only an extraordinary method but also an institution with extraordinary authority formed because corruption has become a systemic and systematic disease of society. Criminalizing the act of "obstructing the judicial process" is one way to eradicate corruption extraordinarily. The positive law has already regulated it, but it needs to be strengthened by ratifying UNCAC 2003 so that the norms governing the offense can be universally recognized. This study aims to synchronize and harmonize the norms that have been regulated in positive law with the new norms regulated in UNCAC 2003 to avoid misperceptions in its implementation. The normative method is used by examining philosophically and juridically through principles and theories that develop and are associated with emerging empirical problems. Several legal cases are used to analyze the philosophical and juridical problems and to find weaknesses in the "obstruction of justice" offense norm. It needs to be reconstructed to ensure legal certainty and justice better. In the end, the goal of eradicating corruption can be achieved, without violating the proper criminal procedural law and placing interested parties, both from the perspective of the perpetrators and victims.