Ius Poenale最新文献_第2页

The Judges' Considerations Against Sentence for Narcotics Abuse Category I 法官对第一类毒品滥用判决的思考

Ius Poenale Pub Date : 2023-03-28 DOI: 10.25041/ip.v4i1.2900

D. Darmawan

{"title":"The Judges' Considerations Against Sentence for Narcotics Abuse Category I","authors":"D. Darmawan","doi":"10.25041/ip.v4i1.2900","DOIUrl":"https://doi.org/10.25041/ip.v4i1.2900","url":null,"abstract":"The younger generation is being targeted as the threat of drug seizures rises in Indonesia. Narcotics are substances or drugs that can alter consciousness, cause loss of feeling, lessen or eliminate pain, and cause dependence. They can be derived from plants or non-plant sources and synthetic or semi-synthetic. As a result, drug users who commit crimes need rehabilitation in order to overcome their drug use. For those who commit drug crimes, rehabilitation is a form of punishment with the objective of healing or treatment. However, in practice, judges frequently favor to sentence drug offenders to prison terms and fines, even though offenders can also be sent to rehabilitation. This empirical normative legal study uses primary and secondary data as its data sources and fieldwork and library research as its data collection methods. According to the study's findings, the judge's factors in establishing that the defendant's actions met the requirements of Article 127, paragraph 1, letter an of Law Number 35 of 2009 Concerning Narcotics were taken into consideration in proving the defendant's actions (Narcotics Law). One example is the decision in the drug crime case at the Special Class II Gedong Tataan District Court, which is based on the accuracy of the evidence and the legal facts presented during the trial and the fulfillment of the elements of each of these crimes. It was argued that it was appropriate for the defendants to receive prison sentences and fines rather than engage in medical or social rehabilitation because their status as drug addicts or abuse victims had not been established.","PeriodicalId":34813,"journal":{"name":"Ius Poenale","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-03-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45940617","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Delays in international criminal justice: What impact does it have on victims' rights? 国际刑事司法的延误:对受害者的权利有什么影响?

Ius Poenale Pub Date : 2023-03-28 DOI: 10.25041/ip.v4i1.2791

Ovide Egide Manzanga Kpanya

引用次数: 0

Efforts to Combat the Crime of Selling Abortion Products Through Social Media 打击通过社交媒体销售堕胎产品犯罪的努力

Ius Poenale Pub Date : 2022-11-08 DOI: 10.25041/ip.v3i2.2632

Sishi Maudysari

{"title":"Efforts to Combat the Crime of Selling Abortion Products Through Social Media","authors":"Sishi Maudysari","doi":"10.25041/ip.v3i2.2632","DOIUrl":"https://doi.org/10.25041/ip.v3i2.2632","url":null,"abstract":"Rapid technological advances are currently being misused by some people to sell abortion drugs, this mode of selling abortion drugs is a type of crime that is difficult to prosecute because of the limitations of the rules in the Criminal Code. The problems in writing this thesis are first, how are the police efforts in tackling the crime of selling abortion drugs through social media, secondly what are the inhibiting factors for the police in overcoming the sale of abortion products through social media. The method used in this research is using a normative juridical approach and an empirical juridical approach. Types of data consist of primary data and secondary data. the results of research and discussion obtained by the police's efforts in dealing with criminal acts The sale of abortion drugs through social media is the first through penal and non-penal efforts. The inhibiting factors for police efforts in overcoming the crime of selling abortion drugs through online media are the first, the lack of infrastructure facilities owned by the police IT, secondly, the human resources of the police in using the available facilities are not maximized, there is no legal awareness of the community and the indifferent attitude of the community. to the problem of selling abortion drugs through social media.","PeriodicalId":34813,"journal":{"name":"Ius Poenale","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-11-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46106315","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Criminal Liability Policy Of Persons With Mental Disorders In Case Spreading Racial Issues 精神障碍者传播种族问题的刑事责任政策

Ius Poenale Pub Date : 2022-11-08 DOI: 10.25041/ip.v3i2.2727

Alexandra Florecita Adja Mossa

{"title":"Criminal Liability Policy Of Persons With Mental Disorders In Case Spreading Racial Issues","authors":"Alexandra Florecita Adja Mossa","doi":"10.25041/ip.v3i2.2727","DOIUrl":"https://doi.org/10.25041/ip.v3i2.2727","url":null,"abstract":"Freedom of expression is stated in Article 28E of the 1945 Constitution. However, in law enforcement, it obeys laws and norms that do not use law as a source of law in its enforcement. The normative legal research method uses a case approach and a statutory approach. Sources of data used are primary data obtained from interviews and secondary data obtained by collecting data contained in books, papers, journals, print or electronic media and laws and regulations relating to the existing problems are studied and analyzed which is then called as legal material. The data that has been obtained is then analyzed. The data analysis used is qualitative analysis. Based on the results of research and discussion in the case decision Number: 8/Pid.Sus/2019/PN.Srg, the judge decided that the defendant was legally and convincingly proven guilty and was threatened with a criminal sentence in Article 28 paragraph (2) in conjunction with Article 45A paragraph (2) Act. Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions, Law Number 8 of 1981 concerning the Criminal Procedure Code and other relevant laws and regulations. Criminal liability for defendants with mental disorders in Article 44 of the Criminal Code which stipulates if the criminal acts committed by the perpetrator cannot be held accountable, due to a mental disability during growth or mental disorders, so that his mind or soul is disturbed due to diseases such as mental disorders, psychosis, and mental disorders. etc. The condition of the defendant is said that the defendant is not legally competent as referred to in Article 32 of Law no. 8 of 2016 regarding disability and there is no sense of justice for the perpetrators.","PeriodicalId":34813,"journal":{"name":"Ius Poenale","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-11-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48141847","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Hybrid Restorative Justice: Optimizing Cessation Of Prosecution The Case Theft Through Restorative Judicial House 混合恢复性司法:通过恢复性司法优化盗窃案件停止起诉

Ius Poenale Pub Date : 2022-10-21 DOI: 10.25041/ip.v3i2.2714

Daffa Ladro Kusworo, Maghfira Nur Khaliza Fauzi

{"title":"Hybrid Restorative Justice: Optimizing Cessation Of Prosecution The Case Theft Through Restorative Judicial House","authors":"Daffa Ladro Kusworo, Maghfira Nur Khaliza Fauzi","doi":"10.25041/ip.v3i2.2714","DOIUrl":"https://doi.org/10.25041/ip.v3i2.2714","url":null,"abstract":"The existence of restorative justice certainly brings a new paradigm in the settlement of criminal cases, with the settlement of cases solely out of court. Restorative justice-based law enforcement as manifested in all law enforcement agencies, especially the Prosecutor's Office in prosecuting cases based on the Republic of Indonesia Prosecutor's Regulation Number 15 Year 2020 concerning Termination of Prosecution Based on Restorative Justice. The application of the amount required to prosecute restoratives can be applied to the crime of theft as the highest case in Indonesia. This happened because the disrupted economy after the Covid-19 pandemic created a moral crisis with drastic theft crimes in Indonesia. Meanwhile, it was recently discovered that the establishment of a restorative justice house in each jurisdiction of the attorney general's office was found to optimize the resolution of all legal problems by screening cases that go to court, socializing the law to local residents, and being able to develop local wisdom. involving local traditional leaders to emphasize deliberation. This research uses normative legal research methods through the approach of applicable laws and regulations and literature study. The legislative approach is sourced from primary data and literature studies. Then in analyzing the problem, the author uses a descriptive analysis approach by applying the deductive method, namely conclude a general discussion into a specific statement. Of course, the restorative justice house guarantees legal certainty and is an adequate facility in its implementation, moreover the Attorney General's Office has also formed a Quick Response Task Force in maximizing the role of the restorative justice house, by providing input on cases that deserve to be resolved through restorative justice, one of which is the crime of theft. which is happening.","PeriodicalId":34813,"journal":{"name":"Ius Poenale","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-10-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42290242","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

CRIME OF EXPLOITATION CRIME ANALYSIS OF CHILD WORK AS HOUSEHOLD SERVICE 儿童帮佣的剥削犯罪分析

Ius Poenale Pub Date : 2022-10-18 DOI: 10.25041/ip.v3i2.2522

Ria Desna Anggraini

引用次数: 1

Victimization Of Child Drugs Abuse Victims 儿童药物滥用受害者的受害情况

Ius Poenale Pub Date : 2022-10-18 DOI: 10.25041/ip.v3i2.2716

Henky Fernando, Yuniar Galuh Larasati, S. A. Latif

引用次数: 3

The Role Of The Prosecutors In The Effort Of Assets Recovery From Corruption Crimes 检察官在腐败犯罪资产追回工作中的作用

Ius Poenale Pub Date : 2022-10-10 DOI: 10.25041/ip.v3i2.2752

Midian Hosiholan Rumahorbo, Risa Mahdewi, Desia Rakhma Banjarani

{"title":"The Role Of The Prosecutors In The Effort Of Assets Recovery From Corruption Crimes","authors":"Midian Hosiholan Rumahorbo, Risa Mahdewi, Desia Rakhma Banjarani","doi":"10.25041/ip.v3i2.2752","DOIUrl":"https://doi.org/10.25041/ip.v3i2.2752","url":null,"abstract":"Practically, corruption is an extraordinary crime, because the impact of corruption harmed the financial condition of a country, corruption are also alleged violated the social and economic rights of the community or citizens in the country. As a criminal act which included as an extraordinary crime, so an extraordinary method also needs to be applied in eradicating corruption. For this reason, an huge steps are needed to provide a deterrent effect to perpetrators of corruption. Punishment to corruption perpetrators is expected to provide a deterrent effect. One of that steps is to return the state losses which caused by corruption perpetrators, as well as being one of the anticipatory steps so that later people will not dare to commit corruption. This research was made with the aim to answer how to recover assets from corruption and to find out how the role of the prosecutor's office in efforts to recover assets from corruption crimes. In this research, the author uses normative legal research method, namely research that conducts an inventory of the applicable laws and regulations. The results of research regarding efforts to recover assets can be carried out through criminal and civil legal remedies. Furthermore, the role of the Prosecutor's Office as a law enforcement officer in charge of law enforcement regarding the assets recovery through criminal acts recognizes two mechanisms or procedures for recovery assets, the first mechanism or procedure is the seizure of assets without punishment, and the second is the mechanism or procedure for voluntary asset return. The steps that can be carried out in assets recovery are divided into several steps including the asset tracking steps, blocking or freezing steps, foreclosure, confiscation and return.","PeriodicalId":34813,"journal":{"name":"Ius Poenale","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-10-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47229103","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Persuasive Approach to Terrorist Organization Members through the Welfare and Investment of National Values 通过国家价值观的福利和投资说服恐怖组织成员

Ius Poenale Pub Date : 2022-06-29 DOI: 10.25041/ip.v3i1.2552

I. K. Widhiarto

{"title":"Persuasive Approach to Terrorist Organization Members through the Welfare and Investment of National Values","authors":"I. K. Widhiarto","doi":"10.25041/ip.v3i1.2552","DOIUrl":"https://doi.org/10.25041/ip.v3i1.2552","url":null,"abstract":"Eradicating members of terrorist organizations is not limited to actions such as prison sentences. However, it can be a persuasive approach through welfare and the installation of national values. This right attempts to help terrorists understand and return to the teachings of the Indonesian Constitution and the Unitary Republic of Indonesia. To address the nature, characteristics, motives, and objectives of terrorism, this research formulated the concept of a persuasive approach to members of the Jemaah Islamiyah (JI) terrorism organization based on Law Number 5 of 2018 concerning the Eradication of Criminal Acts of Terrorism. This paper also emphasizes the concept of deradicalization through a persuasive approach based on law Responsive to JI members involved in criminal acts of terrorism. This study employs a qualitative approach that is analyzed descriptively and normatively. According to the findings of this study, the essence of terrorism is an activity that causes unrest in people while masquerading as religion and has various characteristics and motives. Law enforcement is holistic, comprehensive, and long-term, both through a repressive legal approach model. The process of a repressive legal approach through the criminal justice system, in which the deradicalization process is expected to reform a terrorism prisoner from radical to moderate while in prison while serving a criminal sentence.","PeriodicalId":34813,"journal":{"name":"Ius Poenale","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46557820","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Trial Proving in Electronic Criminal Case Trial Based On the Dignified Justice Perspective 基于尊严正义视角的电子刑事案件审判举证

Ius Poenale Pub Date : 2022-06-29 DOI: 10.25041/ip.v3i1.2452

N. Pakpahan, T. Prasetyo, E. H. Setyorini, Y. A. Mangesti

引用次数: 1