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Abstract Topic: Criminal Law

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APPLICATION OF GIVING REMITION TO CORRUPTION INVITATION IN THE PALEMBANG CORRUPTION COMMUNITY INSTITUTION INSTITUTION
mulyadi tanzili, indra jaya

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Corresponding Author
Mulyadi Tanzili

Institutions
universitas muhammadiyah palembang

Abstract
The rampant corruption is one aspect that requires low social discipline and is a big challenge for development. Corruption is the main weapon that is organized to strengthen power and freedom to support. Therefore the Minister of Law and Human Rights and Deputy Minister of Law and Human Rights on November 16, 2011 issued a Decree numbered M.HH-07.PK.01.05.04 concerning Tightening remission of inmates. Remission or reduction of the criminal period is the right of every prisoner or convict who is undergoing criminal independence day at the Correctional Institution (Lapas), which is regulated in Presidential Decree No. 69 of 1999 concerning Reduction of Criminal Period (Remission) jo PP No. 28 of 2006 concerning Amendments to Government Regulation No. 32 of 1999 concerning the Terms and Procedures for the Implementation of Penitentiary Guidance Rights that have been amended through PP No. 99 of 2012 concerning the Second Amendment to PP No. 32 of 1999.

Keywords
Effectiveness, Remission, Corruption Prisoners.

Topic
Criminal Law

Link: https://ifory.id/abstract/AMWvx9qmQkrj


Bertih Pisang"in Riau Malay Tradition as an Alternative for Resolving Criminal acts
ferawati

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Corresponding Author
ferawati ferawati

Institutions
Fakultas hukum Universitas Riau

Abstract
This research is focused on the model of the settlement of criminal acts according to the customary law of the Riau Malay Community which is known as the "Bertih Pisang". The purpose of this study is to contribute to law enforcement officers (police, prosecutors and judges) in resolving criminal acts that occur in the community, which cannot be resolved through formal justice other than that the results of this study are also expected to provide solutions so that law enforcement officers in making decisions does not only focus on the perpetrators of criminal acts but must also pay attention to the interests of the victim. This type of research is normative-empirical legal research. The results of this study conclude that, (1) Settlement of criminal acts through formal justice and using positive law has weaknesses because the orientation in punishment is more focused on the perpetrators so that the suffering or loss of victims is ignored. (2) the application of Malay customary law through " bertih Pisang" in resolving criminal acts always considers the interests of victims and the interests of the community, so that the sanctions imposed are not only useful for the perpetrators but also useful for the recovery of the suffering or loss of victims and the wider community.

Keywords
Crime; Customary law ; Malay

Topic
Criminal law

Link: https://ifory.id/abstract/keVnMtPTjgqw


COMMUNITY SERVICE ORDER AND ITS URGENCY TO REDUCE THE NEGATIVE IMPACT OF IMPRISSONMENT
Tongat, Yaris Adhial Fajrin, Haris, Ratri Novita Erdianti

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Corresponding Author
Tongat Tongat

Institutions
University of Muhammadiyah Malang

Abstract
Imprisonment dominates institutional based correction strategies started since the end of 18th century, a century later it was criticized as not acting as rehabilitative agents, but rather as stigmatizing, dehumanization, expensive, cruel and criminogenic. The debate pros and cons of using it as a result of the complexity of its negative effects are increasingly widespread. Community service order are present as an alternative prison sentence to reduce these negative impacts. Carrying out the big theme of community service order and its urgency in reducing the negative impact of imprisonment, this paper will discuss two issues: First, what is the negative impact arises due to the imposition of imprisonment? Second, the extent to which community service order have the relevance of reducing the negative impact of imprisonment? Through a doctrinal study with qualitative analysis, the following findings are found: First, there are so many negative impacts arising from the application of imprisonment that result in very complex follow-up effects, stigmatization, dehumanization and prisonization. Second, because community service order is essentially a punishment which outside of the institution, and finally the community service order is very relevant to reduce the negative impact of punishment application in the institution (imprisonment).

Keywords
community service order, negative impact, imprissonment

Topic
Criminal Law

Link: https://ifory.id/abstract/XFauc8b3Wm6h


CONSTRUCTION OF GUILTY PLEAS AND ABILITY OF CRIMINAL RESPONSIBILITY
ABY MAULANA

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Corresponding Author
Aby Maulana

Institutions
FAKULTAS HUKUM UNIVERSITAS MUHAMMADIYAH JAKARTA
JALAN K. H. AHMAD DAHLAN, CIRENDEU, CIPUTAT, TANGERANG SELATAN

Abstract
in the context of criminal law enforcement that departs from the principle of "no criminal without fault" and / or "no criminal responsibility without fault", then there are fundamental problems, related to the assessment of the objectivity of an action on the one hand, and the subjectivity of the perpetrator on the other . Which means that, in fact, an "act" can be seen physically and concretely, whereas with regard to "fault" that is, it must be extracted from the intention and inner state of the perpetrator, then someone who is convicted and has a sense that can be held to hold criminal responsibility. Whereas, in the concept of “Guilty Pleas or Plead of guilty”, it is known that a guilty plea can be used by a Judge in imposing a sentence on someone, and with that acknowledgment someone is deemed to have declared an "fault" in his inner attitude. Thus, when linked to the concept of criminal justice, the condition of error by trial is very likely to occur, considering that one of the objectives of the judiciary is to seek material truth.

Keywords
GUILTY PLEAS; CRIMINAL RESPONSIBILITY

Topic
Criminal Law

Link: https://ifory.id/abstract/dgtGAN7wayuf


CRIMINAL CORRUPTION MEASURES IN THE LOW OF STATE FINANCIAL REALIZATION
Tengku Arif Hidayat

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Corresponding Author
Tengku Arif Hidayat

Institutions
Faculty of Law Universitas Riau

Abstract
In the development of law enforcement in Indonesia recently that massive against corruption began the results. However, in the past few years the total absorption of budget revenue and expenditure and areas in Indonesia is far from optimal, it is regarded as an obstacle in the development and future development of Indonesia. Many obstacles to the absorption of the budget should certainly be able to be overcome by the government, because if these obstacles can lead to decreased left its forecast for economic growth in Indonesia. One is considered a bottleneck in the budget absorption it is the fear of the stakeholders at the regional and central levels in running projects that have been planned, fears the policy makers is because the officials of power holders are afraid to take that step would later in connection with the acts of corruption.

Keywords
Reformulation - Crime - Corruption - Absorption - Finance - State

Topic
Criminal law

Link: https://ifory.id/abstract/rR7bzkXK83Tv


CRIMINAL RESPONSIBILITY OF KEY DUPLICATE MAKERS IN PEKANBARU CITY IN THE EVENT OF CRIME USING THE DUPLICATE KEY
ERdianto Effendi (a), Davit Rahmadahan (b)

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Corresponding Author
Erdianto Effendi

Institutions
Fakultas Hukum Universitas Riau

Abstract
In criminal law, there are three main issues which become the scope of criminal act, criminal liability or sanctions. Not all actions proven by the elements can cause the offender to be convicted if he cannot be blamed so that criminal liability cannot be held. In practice many cases involving people in good faith are also held responsible for the crime. One of them is the makers of key duplicates. Empirical duplicate key makers are very much needed by the community, but they are not infrequently involved in criminal cases when the perpetrators who use their services use duplicate keys that they make to commit crimes, especially theft. By using empirical juridical research methods, it is concluded that (i) duplicate key makers are aware of the possibility that their duplicated keys are misused by others, so they continue to apply the precautionary principle in serving consumers, (ii) however, legally they are not can be accounted for unless it can be proven intent to participate in being part of a theft syndicate

Keywords
criminal liability, duplicate key

Topic
Criminal law

Link: https://ifory.id/abstract/BxHbd9AV6eQ2


CRIMINOLOGY STUDY ON THE CRIME OF MURDER KILDS WHICH WAS CONDUCTED BY BIOLOGICAL MOTHER
Ilhamd Wahyudi

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Corresponding Author
Ilhamd Wahyudi

Institutions
University of Lampung

Abstract
The act of a mother who kills her child is a crime that needs serious attention, because if viewed from a legal standpoint it violates the law and is an act of violence, while in terms of religion and the norms that exist in the social order are also very conflicting, the focus of the study in this study related to the factors that cause the killing of children committed by biological mothers and how to deal with the crime of killing committed by biological mothers against biological children. The method used in this research is empirical juridical namely the results of this study ultimately provide an answer that there are two factors causing the killing of children committed by biological mothers namely first there are internal factors namely the causes of crime originating from within the perpetrators, one of which is a crime that more emphasis on psychological elements, this emphasizes psychological caused by mental disorders. The second factor that causes the crime of murder against biological children is external factors, namely factors originating from outside the perpetrator such as the environment around the perpetrator that causes the perpetrators to commit murder. In addition, efforts to tackle infanticide can start from ourselves, the family and the environment, holding fast to religious teachings is an absolute thing that must be taught to children even since they are still at a very young age. Prevention and prevention efforts against the crime of infanticide by biological mothers, is one of the best solutions to resolve these problems.

Keywords
Criminology, Crime, Murder, Children.

Topic
Criminal law

Link: https://ifory.id/abstract/j4Pr83tqWcXa


Death by Accidents in Workplace: Would Restorative Justice Could Solved It?
Hamonangan Albariansyah, Topo Santoso

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Corresponding Author
Hamonangan Albariansyah

Institutions
Faculty of Law Universitas Indonesia
Gedung IASTH Lt.2, Jl. Salemba Raya No.4 Jakarta 10430

Abstract
The Ministry of Manpower in Indonesia recorded about 89,625 workplace accidents and 1,193 of them have caused deaths in the past five years. In that period, there were also 34,075 companies reported because of alleged criminal acts in the field of occupational safety and 2,074 cases had gone through the police investigation process but there are only 4 cases up to court decisions. During this time the practice of resolving work accident cases that resulted in death was carried out in two ways, namely the court line and the outside court. However, the outputs of the two methods of resolution are not oriented towards legal protection utilities for the recovery of victims and improvement of working conditions so that the incidence of deaths in workplace accidents can be prevented from happening again in the future. Therefore, this paper will analyze the law enforcement regulations relating to occupational safety for workers who are victims of workplace accidents and see the possibility of restorative justice can be applied to settle deaths in workplace accidents in Indonesia. This study uses a sociological juridical approach. The used sources and types of data come from field studies through interview and literature review. The results in this study are that there are no regulations that specifically regulate out-of-court settlement mechanisms for death cases in workplace accidents. Settlement of death cases through the judiciary does not provide recovery for victims and the improvement of unsafe working conditions for workers as a preventative measure, so that the deaths accidents in workplace does not happen again in the future. The conclusion in this study is that restorative justice can be developed as a way of resolving death cases in workplace accidents in Indonesia.

Keywords
Restorative Justice, Accidents Death, Industrial Relations, Misconduct

Topic
Criminal Law

Link: https://ifory.id/abstract/qHGTYaUfBVtR


Detention of Terrorism Suspects in the Perspective of Equality Before The Law
Wiwik Afifah, Muchammad Yulianto, Leomarch I.M

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Corresponding Author
Muchammad Yulianto

Institutions
University 17 Agustus 1945 Surabaya

Abstract
Abstract— Indonesia is a state of law as explained in article 1 paragraph 3 of the UUD 1945 Constitution which stipulates that the Republic of Indonesia is a state based on law (Rechstaat). As a constitutional state, it is necessary to uphold good human rights, certain groups as well as individuals, vulnarable people, etc. One of which is principle of equal treatment before law of this country described in Article 3 paragraph 2 of Law No. 39 of 1999 concerning Human Rights and Article 28 D paragraph 1 .UUD 1945. But in applying the principle of equal treatment before law, there are specific criminal acts that are not in accordance with these principles related to the period of detention, especially in criminal acts of terrorism where the period of detention from the level of investigation, prosecution and examination in court proceedings is much longer than other special criminal acts, namely 290 days which are specifically regulated in Law No. 5 of 2018 concerning amendments to Law Number 15 of 2003 concerning stipulation of regulations Government In lieu of Law Number 1 of 2002 Regarding Eradication of the Criminal Act of Terrorism into Law. While other specific criminal acts include corruption, money laundering and narcotics crime related to the period of detention from the level of investigation, prosecution and examination in a court of law which is regulated based on the Criminal Procedure Code which has a shorter period of 200 days. Based on this there are differences related to the period of detention between terrorism and other specific criminal acts. Therefore it needs to be questioned related to the application of the principle of equality before the law in the criminal act of terrorism.

Keywords
Human Rights, Crime of terrorism, The principle of equal treatment before the law.

Topic
Criminal Law

Link: https://ifory.id/abstract/u9pP8zvtVJAD


DISENGAGEMENT OF HOAX AND HATE SPEECH FROM SOCIAL CONTEXT: ANALYSIS OF INTERSECTIONAL BETWEEN CRIMINAL LAW AND LINGUISTIC
Maryano; Rocky Marbun

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Corresponding Author
Rocky Marbun

Institutions
Program Doktor Ilmu Hukum, Univ. Jayabaya
Fakultas Hukum, Univ. Pancasila

Abstract
Digital Age 4.0 is only considered as a digitalization era that focuses on the progress of humanity. However, the digitalization process legitimizes the reduction of wealth in meaningful experiences of human life (ausdrück) with all the intuitive traits contained in humans. This trait that makes a person fully human becomes lost as what has been applied in Criminal Law so far. Finally, written and oral languages are also analyzed based on logical atomistic logic through the mechanism of decomposition of elements in the article. This study uses a normative juridical method based on secondary data through library research. However, this study also uses several approach methods, namely empirical approaches, conceptual approaches, philosophical approaches, pragmatic approaches, case approaches, and critical approaches. The results of this study indicate that the social context that has an effect on the creation of speech and writing is not considered in the process of proof through Criminal Law.

Keywords
Criminal Law, Communication, Law, Parole, Social Media

Topic
Criminal Law

Link: https://ifory.id/abstract/KzQbcNkL6UXY


Dr. Marsudi Utoyo, SH. MH
Dr. Hj. Jauhariah, SH, MM, MH Dr. Rianda Riviyusnita, SH., Mkn

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Corresponding Author
Marsudi Utoyo

Institutions
Sekolah Tinggi Ilmu Hukum Sumpah Pemuda Palembang

Abstract
CRIMINAL LAW CORRUPTION MODE OF ALOKASI DANA DESA (ADD) ABSTRACT ADD (Allocation of village funds) fraud is a form of corruption. This is based on the formulation of corruption acts as formulated in the law. What are the problems in writing this thesis are: 1. What are the factors that cause the mismanagement of Village Fund Allocation? 2. What is the form of corruption in the village funds budget? The research method in this paper is empirical normative research. Normative legal research is legal research that examines written law from aspects of theory, history, philosophy, comparison, structure and composition, scope and material, general explanations from article by article. Empirical research is an unwritten positive law research on the behavior of community members in the relationship of community life. The results of the study show that, the Factors That Cause the Disruption of Village Fund Allocation Management are, not the involvement of the community in the planning and supervision of village funds. Limited competence of village heads and village officials. Not optimal role of village institutions, directly or indirectly. High political costs due to the competitive arena of village head elections. The form of corruption in the village fund budget is, mark up prices, false reports, borrowing village funds, deducting village funds, fictitious business trips, mark up honorariums, mark up office stationery payments, tax evasion, purchasing personal office inventory, budget cuts public, do “kongkalingkong”, make fictitious projects whose funds are charged from village funds. Conclusions, Factors of misappropriation of village funds are the lack of participation of the community, the limitations of the villages human resources, the non-functioning of village institutions and high political costs. Recommendations, so that the district / sub-district as a government authority can supervise, provide assistance / training and check quarterly reports to each village head who is in the legal area of the district / sub-district he is assisted.

Keywords
Village Fund Allocation, Village Head, Corruption

Topic
Criminal Law

Link: https://ifory.id/abstract/jNq4GEUQBeXA


DRAMATURGY AMBITION TO ERADICATE CORRUPTION: BRIBERY CASES IN THE DISTRIBUTION OF IMPORTED SUGAR
Elya Kusuma Dewi, Abdul Wahid, Teddy Asmara

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Corresponding Author
Elya Kusuma Dewi

Institutions
Fakultas Hukum, Universitas Muhammadiyah Cirebon
Jalan Tuparev Nomor 70 Cirebon, Jawa Barat 45153, Indonesia

Abstract
Abstract This non-doctrinal research describes the practice of ignoring the value of justice and logical truths rather than eradicating corruption among high-ranking state officials. The aim of describing an ambitious implementation of criminal justice can be counterproductive, that is not only injustice, but rather the denial of the premise of material truth as the character of the rationality of the performance of criminal law. Primary data from interviews with actors and informants, and secondary data in the form of case documents were analyzed qualitatively with hermeneutic interpretation techniques. The results of the study show that ambitious corruption eradication has the potential to damage the logic of criminal justice and curb the conscience of law enforcement.

Keywords
Ambition to Eradicate Corruption, Material Truth, Conscience

Topic
Criminal Law

Link: https://ifory.id/abstract/CgAPwmZ4eYfd


EFFECTIVENESS OF PROBATION PENALTY IN ARTICLE 14a OF THE CRIMINAL CODE AS AN ALTERNATIVE OF PUNISHMENT SYSTEM IN INDONESIA
Ratri Novita Erdianti , Tongat, M.Najih

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Corresponding Author
Ratri Novita Erdianti

Institutions
University of Muhammadiyah Malang

Abstract
Increasing crime is a problem that occurs in every country in the world, including in Indonesia. This forced the government to try to find the right solution in tackling existing crimes. During this time to droped punishment, judges prefer to choose imprisonment as a favorite choice to give punishment to criminal offenders. Basically, if examined, imprisonment has many weaknesses when it is imposed on criminal offenders, especially those that are mild or included imprisonment in the short term so that according to the authors of imprisonment it begins to be irrelevant to droped to criminal offenders, especially related with the purpose of punishment. Some of the weaknesses that arise from imprisonment include the impact on prisonization, dehumanization, stigmatization of prisoners. With these problems, in essence, an alternative punishment is needed that can be a solution that can avoid various problems that arise from imprisonment. In the Criminal Code article 14a has regulated a punishment which is usually called probation penalty. Convictions are a form of crime where the convicted person does not need to through imprisonment in prison, but is a form of criminal punishment wherein the convicted person is given general or special conditions which are not committed to or do not repeat the same criminal offense or other criminal acts within a predetermined period. If in the conditions violated by the convicted person, then the convict must automatically go back to jail as automaticlly. This paper will review the effectiveness of probation penalty as punishment of crime that is able to overcome the problems posed by imprisonment which in this case probatian penalty have relevance to the purpose of the punishment system to be achieved

Keywords
Imprisonment, Probation penalty, punishment system

Topic
Criminal Law

Link: https://ifory.id/abstract/2TRDKhyNvM9L


Enforcement for Environmental Crime Through the Establishment of the Commission for Crime Against The Environment
Dr Herman, SH, LLM and Dr Muh. Sjaiful, SH. MH

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Corresponding Author
Herman SH

Institutions
Faculty of Law, Halu Oleo University

Abstract
Environmental damage in Indonesia has reached the most alarming level. Data shows that until September 11, 2019, the Agency for Climatology and Geophysics Meteorology, in September 2019, there were 1,211 hotspots as the cause of forest and land fires spread across various regions of Sumatra. In addition, 77 hotspots in Bangka Belitung Province were detected, West Sumatra and Riau Islands each with 11 points, North Sumatra with 10 points and Bengkulu with one hot spot. The other environmental damage, which is also a phenomenon in Indonesia, is a pile of garbage that pollutes the waters of the sea, illegal fishing using bombs that impact the destruction of coral reefs and marine biological resources, as well as illegal logging which results in erosion that damages the environment. Environmental damage is generally caused by human behavior which can be held liable according to environmental law in Indonesia. The existence of environmental criminal sanctions to provide a deterrent to environmental offenders in Indonesia, is currently not effective enough. In this connection, in the context of combating crime against the environment, it is necessary to establish a commission that has legal authority to conduct legal proceedings against perpetrators of environmental destruction in Indonesia. The commission is the Commission for Crime Against The Environment. This paper will outline the urgency of the Commission for Crime Against the Environment, as a criminal law enforcement agency in Indonesia in dealing with crimes against the environment. The existence of this commission, can be the only institution to seriously investigate who are the main actors of environmental damage in Indonesia, as one of the strategic efforts to create a good environment for the people of Indonesia and to realize sustainable development with environmental insight.

Keywords
Crime of Environment, Environmental Damage, and the Commission for Crime Against The Environment

Topic
Criminal law

Link: https://ifory.id/abstract/geGYwXRtVzUj


GENDER JUSTICE REFILOSOPHY IN THE MIDDLE OF INDIGENOUS PEOPLE IN THE DISTRICT SIAK SRI INDRAPURA
Dessy Artina

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Corresponding Author
Dessy Artina

Institutions
UNRI

Abstract
GENDER JUSTICE REFILOSOPHY IN THE MIDDLE OF INDIGENOUS PEOPLE IN THE DISTRICT SIAK SRI INDRAPURA Dessy Artina Faculty of Law, University of Riau UR Gobah Campus, Jalan Patimura No. 9 Pekanbaru echie_chay@yahoo.co.id Abstrak Adat in the Kingdom of Siak is a tradition based on Islamic Sharia called adat based on syariah, and syarak is based on Kitabullah. For the Siak Malays, the so-called Malays are Malays, Malay-speaking and Muslim. So the customs and culture breathe Islam, if someone converts to Islam then he is called a Malay. The traditional foundation of Malay in Siak Regency Sri Indrapura goes hand in hand with gender justice, which is guided by Islamic law. There is no difference between men and women who have many acts of worship, so that is a great reward without having to look and consider their gender first. Both have the same potential and opportunities to become ideal servants. For this reason, in this proceeding we will discuss how is the gender justice philosophy in the middle of the Malay indigenous community in Siak Sri Indrapura Regency? The method used by the author is juridical normative law which is also called doctrinal law research using the criteria of legal history. This proceeding is descriptive in nature, which means to provide a detailed, clear and systematic description of the problem of the main problem. In drawing conclusions using the deductive thinking method. Websters New World Dictionary states that gender is defined as the visible difference between men and women in terms of values and behavior. Hilary M. Lips defines gender as cultural expectations of men and women (cultural expectations for women and men). This opinion is in line with the opinion of feminists, such as Lindsey who considers all the provisions of society regarding the determination of a person as male or female is included in the field of gender studies (What a given society defines as masculine or feminine is a component of gender). However, if we do a review or refillosophy, then gender justice in the indigenous Malay community in Siak Sri Indrapura District has been realized, there are no differences between men and women, there is no discrimination and oppression, including sexual discrimination, skin color, ethnicity and others. Keywords: Refillosophy - Gender Justice - Malay Indigenous People in Siak Sri Indrapura Regency

Keywords
Refillosophy - Gender Justice - Malay Indigenous People in Siak Sri Indrapura Regency

Topic
Criminal law

Link: https://ifory.id/abstract/ZJGKxvWymeM7


GRATIFICATION OF SEXUAL SERVICES IN CORRUPTION IN INDONESIA
Farhana, Hasanudin, Mimin Mintarsih

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Corresponding Author
Farhana Rasjidi

Institutions
Faculty of Law, Jakarta Islamic University

Abstract
ABSTRACT Outlining the definition of gratification of corruption criminal acts has been regulated in Law No. 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning Eradication of Corruption Crime in article 12 B. Gratification is giving in the broadest sense. At present the gratification of sexual services is still a crime corruption with the category of gratification in general and the sanctions are also the same so its law enforcement faces obstacles. Until now, many people have perception that corruption is always associated with money (gratuity) even though the trend shows that sexual services began to play a role in corruption. Therefore the problem formulation is how the rules for gratification of sexual services in corruption criminal acts and how to prove it. The method used is the normative juridical method. Gratification of sexual services contains moral destructive criminal acts in which there should be additional sanctions or weighting and perpetrators both the giver and recipient of sexual services should be subject to criminal penalties but with the imposition of different articles of law.

Keywords
Keywords: Corruption, Gratification, Sexual Services

Topic
Criminal Law

Link: https://ifory.id/abstract/c6nFLVMKCktA


IDENTITY THEFT AND THE RULES IN INDONESIAS CRIMINAL LAW
Said Noor Prasetyo(a), Tongat, Wahyudi Kurniawan

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Corresponding Author
said Noor Prasetyo

Institutions
Faculty of Law
University of Muhammadiyah Malang
Jl. Raya Trlogomas No. 246, Malang, East Java, Indonesia
a) saidnoor[at]umm.ac.id

Abstract
in the digital era, electronic identity is something that is very important to protect because it is a representation of someone in an electronic system. Along with the development of information technology, this type of crime also developed with the emergence of cybercrime. One type of cybercrime that threatens someones identity is identity theft. This crime always haunts us when surfing in cyberspace. Many criminals target identity as the key to accessing someones personal accounts such as bank accounts, credit cards, and other accounts. This crime is a serious threat in the digital era, especially in Indonesia. This is due to a lack of awareness of citizens in protecting their identities and the existence of inadequate laws in providing protection. This situation is certainly a threat in strengthening the civil society in the digital era.

Keywords
Identity Theft; Indonesian Criminal Law; protection

Topic
Criminal Law

Link: https://ifory.id/abstract/kazn6PuJjYVC


ISLAMIC CRIMINAL SANCTIONS IN MODERN SOCIETY
Prof. Dr. Syaiful Bakhri

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Corresponding Author
Syaiful Bakhri

Institutions
Fakultas Hukum Universitas Muhammadiyah Jakarta

Abstract
Public opinion on criminal sentencing and aims of punishment has been surveyed mostly in Western countries. In non-Western countries, especially Islamic societies, little has been published, at least in Western journals, on these issues. In fact, no published study examining public views toward criminal sentences and the aims of punishments in Islamic societies may be located in any major database of Western literature. As a result many questions like the relationship between perceived purpose of criminal punishment and its severity and the interactions between the belief in Islam and its Shari-a (Islamic culture) and punitive attitude to criminality have remained unasked. Therefore, the meaning and motive behind the death penalty and other severe forms of punishment in Islamic countries remains unknown to scholars, whether within or outside these countries. The past decade has seen a sharp increase in the application of empirical economic approaches to the study of crime and the criminal justice system. Much of this research has emphasized identifying causal impacts, as opposed to correlations.

Keywords
Criminal Sanction, Islamic Law, Modern Society

Topic
Criminal Law

Link: https://ifory.id/abstract/kNYDeMtbKPwZ


LAW ENFORCEMENT AGAINST CRIMINAL TREASON WAS LINKED TO THE ESTABLISHMENT OF MENKOPOLHUKAM ASSISTANCELAW ENFORCEMENT AGAINST CRIMINAL TREASON WAS LINKED TO THE ESTABLISHMENT OF MENKOPOLHUKAM ASSISTANCE
Bambang sukamto, Mimin Mintarsih, Farhana, ritawati

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Corresponding Author
bambang sukamto

Institutions
Fakultas Hukum Universitas Islam Jakarta

Abstract
abstract The participation of the people in democracy era in Indonesia after the Presidential Election was seen to emerge and make noise, but the government did not take precautionary measures quickly. It is related to the 1945 Constitution article 28E paragraph (3) that states, "Everyone has the right to freedom of association, gather, and express opinions ". From the article the essence of the rights of every citizen express their opinions freely and responsibly in their shared lives. The phrase "responsibly" here gives an understanding that this freedom still has limits. With the study of juridical descriptions analyze the development of thinking that develops in the wider community in relation to the objectives of legal regulation. It is the right of every citizen to express their thoughts in writing and verbally freely and responsibly in accordance with the provisions of the applicable legislation. How the role of law enforcement is, without criminalization of law associated with the establishment of Coordinator Ministry of Politics, Law and Security of the State (Menkopolhukam) assistance.

Keywords
freedom, opinion, criminalization of law

Topic
Criminal Law

Link: https://ifory.id/abstract/W3GBnb6kYKRQ


LAW ENFORCEMENT IN ERADICATION OF PROSTITUTION IN THE LAW REGION OF PEKANBARU CITY
Erdiansyah

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Corresponding Author
Erdiansyah Erdiansyah

Institutions
Fakultas Hukum UNRI

Abstract
The law enforcement on eradication of prostitution has been carried out by disciplining and supporting prostitution lawyers by law enforcement and regional government officials. However, the practice of prostitution still exists in the midst of society, both covert and overt. Factors that cause prostitution in the city of Pekanbaru First, internal factors that come from the individual woman herself. Second, external factors, can form economic pressure, environmental influences and the failure of family life. Law enforcement in eradicating prostitution in the city of Pekanbaru, First, preventive, Second, repressive and so far which has become a contradiction while prostitution actors themselves involved in their profession try to eradicate prostitution is always ineffective.

Keywords
Enforcement - Law - Eradication - Prostitution

Topic
Criminal law

Link: https://ifory.id/abstract/MpBHquhzLREr


LAW ENFORCEMENT PATTERN ON ILLEGAL LOGGING IN ORDER TO MAINTAIN THE SUSTAINABILITY OF FOREST IN RIAU PROVINCE
Syaifullah Yophi Ardiyanto, Davit Rahmadan

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Corresponding Author
Syaifullah Yophi

Institutions
Faculty of Law - Riau University

Abstract
Law enforcement pattern on illegal logging in order to preserve forests in Riau Province uses the Law Enforcement Patterns Based on Justice Values, namely, (1) legal system reform on the law governing forest management, especially the handling of illegal logging by preparing legal instruments the area of Riau Province, (2) Control conducted by the local government, activation of the roles and tasks of the Forest Management Unit (KPH), enforcement of law based on justice and non-discriminatory values and providing guidance and counseling to residents living around forest about the importance of the existence of the forest for the lives of humans and other creatures, (3) Professionalism and addition of Riau forestry police personnel to protect the forest and support law enforcement, (4) Participation and active role of the community for the area around the forest in supervising illegal logging occurring in Riau Province by providing reports to law enforcement officials and preventing illegal logging in Riau Province. (5) Conduct regular reforestation programs for forest preservation and continue to preserve forests for the welfare of the community and for future generations.

Keywords
Forest, Illegal Logging

Topic
Criminal law

Link: https://ifory.id/abstract/a4dAVZbTmUQN


LEGAL ENFORCEMENT TOWARDS LEWD ACTS AS LIVELIHOODS VIA INFORMATION TECHNOLOGY MEDIA
Siti Miskiah, Nur Aida

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Corresponding Author
Siti Miskiah

Institutions
Lecturer of Fakultas Hukum Universitas Islam Jakarta. Jln. Balai Rakyat Utan Kayu Jakarta 13120. Phone. (021) 8566431, 8504818. Fax. (021) 8504818

Abstract
The recent era of globalization is characterized by the rapid development of technology. The presence of technology has given a new nuance to human life that touches all aspects of life. The development of technology makes it easy for people to carry out activities to meet their needs and interact with other humans wherever they are. Technology, in addition to bringing benefits such as making it easy for people to carry out their activities, also causes losses. Crime through misuse of information technology is increasing. The type and mode of crime itself continues to develop, among others, the proliferation of lewd acts as livelihoods carried out through information technology. On the other hand, the success rate of disclosure of criminals with information technology is still very low. Therefore, strict and consistent law enforcement is needed to create deterrent effect. The purpose of this study is to analyze law enforcement efforts against perpetrators of criminal acts of lewd and/or others as pimps by taking advantage of female prostitution carried out through internet media, with empirical juridical methods. The result is that there are a number of legislation on the perpetrators of criminal acts of lewd conduct as livelihoods that regulate prostitution activities online, but it must be seen the elements of acts committed by perpetrators of obscene acts as livelihoods so that legal provisions can be applied more precisely against the perpetrator. However, for the legal basis in dealing with the perpetrators, the provisions of Article 296 and Article 506 of the Criminal Code can be used, which specifically regulate crimes committed by a pimp and Article 55 of the Criminal Code which are considered as those who take action or persuade them to do or facilitate actions or facilitate obscene acts with others as livelihoods and habits.

Keywords
Law Enforcement, Lewd Acts, Livelihood

Topic
Criminal Law

Link: https://ifory.id/abstract/L6vCZWyFfeqm


Legal Protection Against Children Victims of Rape Comparative Study Between Indonesia and Malaysia
Herry Liyus

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Corresponding Author
Herry Liyus

Institutions
Fakultas Hukum Universitas Jambi

Abstract
This scientific article discusses the Legal Protection of Children Victims of Rape Comparative Study Between Indonesia and Malaysia, the research method used in this study is to use normative (doctrinal) research methods. In this scientific article discusses legal protection for child victims of rape based on Indonesian and Malaysian law, forms of legal protection for the rights of children as victims of rape under Indonesian and Malaysian law and arrangements and forms of ideal legal protection for children as victims of rape in a period of will come in the juvenile criminal justice system. Based on the aforementioned problem, it is obtained data that the legal protection of the rights of rape victims in the criminal justice system in Indonesia is regulated in various statutory regulations whereas in Malaysian law the legal protection of children is regulated in a 2001 deed (Act 611), subsequently obtained data that the legal protection of the rights of rape victims in Indonesia and Malaysia already includes the protection of the rights of victims of rape committed by a component of the criminal justice system, but its implementation is still not in accordance with the principles of legal protection that apply universally and legal protection for child victims of rape in the perspective of the Indonesian criminal justice system so that it is ideal then the concept of legal protection for child victims of sexual crime according to positive law is to be based on Pancasila in providing legal protection to its citizens.

Keywords
Legal Protection, Rape Criminal Acts, Rape Victim Children

Topic
Criminal law

Link: https://ifory.id/abstract/an4VCz6yHUhB


MODEL PENDEKATAN DALAM PENANGANAN ANAK PENYALAHGUNA NARKOTIKA DI TINGKAT PENYIDIKAN DALAM RANGKA MEMPERKUAT PENCEGAHAN DAN PENGOBATAN PENYALAHGUNAAN NARKOTIKA
RIKI AFRIZAL, UPITA ANGGUNSURI, FADHIL SYAPUTRA, MARDIAN FAJAR

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Corresponding Author
Riki Afrizal

Institutions
LAW FACULTY, ANDALAS UNIVERSITY, PADANG

Abstract
Drug abuse is still a serious problem in Indonesia. Narcotics or drug cases target all groups, including teenagers and children. Their involvement is not only as an abuser, but also used as a dealer. The high number of abuse and cases of narcotics distribution has become a serious problem the governments efforts to achieve the goals of Sustainable Development Goals (SDGs). One of the points of the SDGs is ensuring a healthy life and supporting welfare for all ages. To realize this, one of them is through the target of strengthening the prevention and treatment of abuse of dangerous substances, including narcotics abuse and the dangerous use of alcohol. Efforts to prevent narcotics abuse through a criminal law approach are through a serious law enforcement process considering that this case is a serious crime. The problem is when narcotics abuse offenders are children who under no circumstances must obtain protection, including when dealing with legal proceedings. Meanwhile, the criminal act of narcotics abuse is a serious crime with a threat of punishment that is high enough so that diversion is not possible as one of the mechanisms for resolving children in the criminal justice system. Investigation of children involved in narcotics cases, especially as dealers, will continue to be carried out an investigation process based on the provisions of the Criminal Procedure Code (KUHAP) while still paying attention to childrens rights as a form of child protection in the criminal justice system. Investigations are carried out by investigators at the Drug Investigation Unit or Unit who have experience in investigating children. In terms of treatment during the investigation carried out very carefully with regard to the interests and rights of children.

Keywords
approach model, narcotics abuse offenders are children

Topic
Criminal law

Link: https://ifory.id/abstract/Yq3EbVRU9L4r


PSYCHOLOGICAL REHABILITATION FOR CHILDREN CONFLIC OF THE LAW AS A RECOCIALIZATION OF CHILDREN
Iyah Faniyah, Fitriati, Dini Ariza, Rusmen

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Corresponding Author
Fitriati Fitriati

Institutions
Master of Law Program in Ekasakti University

Abstract
This study examines the form of resocialization for children in conflict with the law through psychological rehabilitation. Psychological rehabilitation is one form of agreement rather than diversion. The diversion process is carried out with the aim of achieving balanced justice for the perpetrators and victims. Resocialization of children is done so that children can return to normal relations and behavior changes in children. The implementation of psychological rehabilitation conducted by the City of Padang City LPKS towards children in conflict with the law is carried out with the following process flow; Registration, Assessment, followed by physical Guidance, Mental Guidance, and Social Guidance for Resocialization, carried out by informing the child about reunification and the end of the rehabilitation period after the child undergoes rehabilitation in LPKS, the child will be re-socialized to the family, to prepare the child to return home, Reintegration / Reunification, children returned to parents. Advanced Guidance, after the child returns home with family, the child will still be monitored by LPKS; Termination, termination of supervision by LPKS.

Keywords
Resocialization, children in conflict with the law, diversion

Topic
Criminal law

Link: https://ifory.id/abstract/KY3pXfckUb7P


Punishment On Criminal Law Reform in Indonesia
Tubagus Heru Dharma Wijaya (a) Pathorang Halim (b)

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Corresponding Author
Tubagus Heru Wijaya

Institutions
Faculty of Law University of Muhammadiyah Jakarta

Abstract
The development of criminal punishment in the world of experience and frustration against the criminalization of existing mechanisms, because it has not been able to satisfy justice and the objectives of achieving, preventing and combating crime. The purpose of punishment in practice is never achievable, certainty and also benefits are never ideal at the level, so that criminal prosecution is only a reflection of the values and excuse to meet the desires of vengeance alone.

Keywords
Concept , Criminalization, Legal Reform

Topic
Criminal Law

Link: https://ifory.id/abstract/EpA9vaZcrTu8


Restoratif Justice Concept for Children Conflicting Laws in Children Criminal Justice System
Erny Herlin Setyorini, Sumiyati, Pinto Utomo

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Corresponding Author
Erny Herlin Setyorini

Institutions
Law Faculty of University 17 August 1945 Surabaya, Indonesia

Abstract
Abstract—Children are the next generation of the nation which is very important in a country. For this reason, children must be able to grow and develop as well as they can. Due to several factors, such as poverty, broken families, divorced parents, in their growth and development, children do not always get the best that is expected, sometimes children whose conditions are ready to help follow up. Handling cases of children who are in conflict with the law through the legal process is finished up in prison. This of course can damage the future because it creates a negative stigma in the community. For this reason, Law Number 11 of 2012 concerning the Juvenile Justice System was approved, which was approved by diversion, namely the transfer of approval of child cases from court proceedings that leave court proceedings. Article 7 paragraph (2) of the Law Number 11 of 2012 must meet the requirements, namely (1) the crime of safety under 7 (seven) years, and (2) does not constitute a repeat of the crime. In addition, there must be agreement or agreement with the victim and / or responsibility. The handling of cases of children in conflict with the law through diversion is carried out using restorative justice, namely by presenting children and families, victims and defenders, community leaders, social counselors, social services, social workers, and other parties Improvements to repairs and not retaliation.

Keywords
Restorative Justice, Children in Conflict with Law, the Criminal Justice System for Children.

Topic
Criminal Law

Link: https://ifory.id/abstract/XAVcLzQm3R9G


SETTLEMENT OF CRIMINAL CASES THROUGH CUSTOMARY INSTITUTIONS USING THE CONCEPT OF RESTORATIVE JUSTICE IN KAMPAR KIRI KABUPATEN KAMPAR
Elmayanti; Evi Deliana, HZ; Nurahim Rasudin

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Corresponding Author
Elma Yanti

Institutions
Universitas Riau

Abstract
Settlement of disputes in the customary law community is based on the view of life adopted by the community itself. Indigenous and tribal peoples prioritize dispute resolution through deliberations aimed at bringing about peace in the community. The deliberation channel is the main route used by the customary law community in resolving disputes, because in the deliberations a peace agreement can be made that benefits both parties. The concept of Indonesian traditional law as a forum for customary justice institutions also has a concept that can be described as the root of restorative justice. This type of research is sociological juridical with emphasis on field research. The headman in a cloth-folding community in Kampar Regency is a place where community members rely on to resolve, protect, guarantee peace, so that whenever there is a dispute, the customary head is the only place where community members rely on to solve their problems. The role of customary leaders in the community is needed to solve problems, maintain the balance of the environment with one another, so that the community will continue to create harmony and peace.

Keywords
Criminal Cases; Restorative Justice

Topic
Criminal law

Link: https://ifory.id/abstract/F8vQepULmyKr


SH., MH
Sukamarriko Andrikasmi (a)

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Corresponding Author
Sukamarriko Andrikasmi

Institutions
Faculty of Law, University of Riau

Abstract
CRIMINALIZATION OF FUNDING IN CRIMINAL TERRORISM IN INDONESIA By: Sukamarriko Andrikasmi.SH., MH Faculty of Law, University of Riau Pekanbaru, Indonesia Email: kreasiimuda@gmail.com ABSTRACT Terrorism is a crime that is currently a hot issue in Indonesia, attracting the attention of the international community and even terrorism is also a conversation between countries, and not a few of the issues of terrorism can affect the relationship between countries both bilateral and multilateral Criminalization of funding of terrorism applies to everyone who intends to do or intends to commit a crime of financing terrorism in the territory of the Republic of Indonesia and / or outside the territory of the Republic of Indonesia. And also applies to funds related to financing terrorism that are outside the sovereign territory of the Indonesian State. As explained in Article 2 paragraph 2 of the Law on the Prevention and Eradication of the Criminal Acts of Terrorism. The criminal act of financing terrorism as a behavior that is not in accordance with the norm or can be referred to as deviation from the agreed norms turns out to cause disturbance to the order and peace of human life. Such deviation is usually referred to by humans as an offense and can even be said to be a crime which is a social phenomenon and will always be faced by every human being, society, and even the state. The fact has proven, that crime can only be prevented and reduced, but difficult to eradicate completely. This law will be very effective if accompanied by enthusiasm to eradicate criminal acts of terrorism, without any engineering and conspiracy from parties who have full power over a country. If the procedure is carried out correctly, and appropriately appropriate law enforcement of criminal acts of financing terrorism will be able to hinder the process of criminal acts of terrorism in the future from channeling funds. In other words, it can at least stop the funding process. It is more appropriate if the criminalization of terrorism funding is followed by reliable human resources, and other supporting institutions.

Keywords
Criminalization, Funding, Terrorism

Topic
Criminal law

Link: https://ifory.id/abstract/h6jc9xurbRPH


The Development of Transnational Organized Crime Prevention Policy Indonesian Criminal Law System
Davit Rahmadan

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Corresponding Author
Davit Rahmadan Davit

Institutions
UNRI

Abstract
The Development of Transnational Organized Crime Prevention Policy Indonesian Criminal Law System Davit Rahmadan Address: Pala V Street Number 48, RT/RW. 005/003, East Sidomulyo, Marpoyan Damai District, Pekanbaru City 28125 Abstract Transnational crime, or now better known as transnational organized crime, is a form and method of local crime towards transnational and international crime, which is a side effect of globalization and information technology. These crimes include cybercrimes, money laundering, trafficking (for example, narcotics, humans, theft of ancient objects, and destruction of nature). The consequences of globalization are benefited by economists and other parties, so academics in law and criminology, law enforcement officials and criminal policy makers must wrestle with one of the bad sides of globalization and the explosion of technological information that breeds transnational organized crime. And because of that, the law enforcement instrument to overcome it becomes more complex than ordinary crime. The main legal instrument for combating transnational organized crime is the United Nations Convention on Transnational Organized Crime (UNTOC) or the 2000 United Nations Convention on Transnational Organized Crime in Palermo, Italy. The Government of Indonesia has enacted Law Number 5 of 2009 concerning the United Nations Convention on Transnational Organized Crime. Ratifying conventions aimed at facilitating cooperation between states has ratified them in preventing transnational crime and law enforcement efforts. UNTOC has limited abilities in practice in the field. The modus operandi of this type of crime is increasingly complex, so that it penetrates the limits of the authority of the power that is not reached by law enforcement. Its no secret that several large countries have benefited from transnational crime. Efforts to tackle transnational crime in Europe, America, Asia and including Southeast Asia are not done half-heartedly, but the problem is faced with factor X so that it becomes an obstacle in law enforcement. The prevention of organized crime across the world state structures of peace cannot be built by only one person, or one group, or one nation from transnational crime groups. World peace cannot take the form of peace from a large nation or small nations. World peace must take the form of a peace that includes cooperative efforts from all nations of the world. Keywords: law enforcement, legal system, criminal law policy

Keywords
Keywords: law enforcement, legal system, criminal law policy

Topic
Criminal law

Link: https://ifory.id/abstract/xYd2tZ3GzB8h


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