Pub Date : 2022-09-30DOI: 10.56107/penalaw.v1i2.43
Lewiaro Laia
The development of the authority of pretrial institutions in Indonesia begins with increasing the pretrial authority to the authority of investigators to be able to re-establish legal subjects (persons and / or legal entities) as suspects with the same evidence. The state organ that plays a dominant role in determining changes to the authority of pretrial institutions in Indonesia is the Constitutional Court (MK) which in terms of the aspect of state organ power is in the judicial branch of power (not executive or even legislative). It's just that the legal products stipulated by the Constitutional Court are more in the nature of forming laws and regulations which are the authority of the legislative and executive state organs. Since its inception, the Constitutional Court has been designed to oversee the constitution in the sense of keeping the law consistent, in line, and not contrary to the Constitution. In this case, there is a kind of constitutionalism barrier that strictly limits the Constitutional Court as a constitutional judiciary not to interfere in the realm of legislative power. Therefore, as a judicial institution, the Constitutional Court in principle should only state that articles/paragraphs/parts or all laws are contrary or not contrary to the constitution. In such duties and authorities, the Constitutional Court should not be allowed to make decisions of a regulatory nature, should not cancel laws or the contents of laws that the Constitution declares open (handed over arrangements to the legislature), and should not also make decisions that are ultra petita (let alone those that are positive legislature).
{"title":"POLITICAL STUDY OF LAW LAW NUMBER 8 OF 1981 CONCERNING THE CRIMINAL PROCEDURE CODE IN TERMS OF PRETRIAL LEGAL ASPECTS","authors":"Lewiaro Laia","doi":"10.56107/penalaw.v1i2.43","DOIUrl":"https://doi.org/10.56107/penalaw.v1i2.43","url":null,"abstract":"The development of the authority of pretrial institutions in Indonesia begins with increasing the pretrial authority to the authority of investigators to be able to re-establish legal subjects (persons and / or legal entities) as suspects with the same evidence. The state organ that plays a dominant role in determining changes to the authority of pretrial institutions in Indonesia is the Constitutional Court (MK) which in terms of the aspect of state organ power is in the judicial branch of power (not executive or even legislative). It's just that the legal products stipulated by the Constitutional Court are more in the nature of forming laws and regulations which are the authority of the legislative and executive state organs. Since its inception, the Constitutional Court has been designed to oversee the constitution in the sense of keeping the law consistent, in line, and not contrary to the Constitution. In this case, there is a kind of constitutionalism barrier that strictly limits the Constitutional Court as a constitutional judiciary not to interfere in the realm of legislative power. Therefore, as a judicial institution, the Constitutional Court in principle should only state that articles/paragraphs/parts or all laws are contrary or not contrary to the constitution. In such duties and authorities, the Constitutional Court should not be allowed to make decisions of a regulatory nature, should not cancel laws or the contents of laws that the Constitution declares open (handed over arrangements to the legislature), and should not also make decisions that are ultra petita (let alone those that are positive legislature). \u0000 ","PeriodicalId":281598,"journal":{"name":"PENA LAW: International Journal of Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114904261","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}
Pub Date : 2022-09-30DOI: 10.56107/penalaw.v1i2.44
Beni Sukri, R. Rustam
Corruption is an act that violates the law, and this act often occurs in every country in the world, including Indonesia. Currently, the state has begun to realize the dangers caused by acts of corruption that can harm various fields such as economic, social and political in a country. With many countries experiencing the problem of corruption, there is a desire to jointly eradicate it by holding a joint agreement and committing to overcome it. The implementation of the G20 Anti-Corruption Working Group activity in 2020 is a continuation of previous activities to declare a joint commitment to fighting corruption. The Government of Indonesia through the Ministry of Foreign Affairs strives to always play an active role in these activities. The purpose of this paper is to analyze the principles contained in the commitments agreed by the countries participating in the G20 Anti-Corruption Working Group in 2020. The method used in writing this article is normative juridical or can also be called doctrinal legal research. This paper uses secondary data. Secondary data is data obtained by an organization or individual from other parties who have collected and obtained it before. The results obtained from this paper are that there are principles agreed upon in the G20 Anti-Corruption Working Group in 2020, namely: 1) principles for the preparation and implementation of a national strategy on anti-corruption; 2) principles to Promote Integrity in Privatization and Public-Private Partnerships; 3) the principle of Encouraging the Integrity of the Public Sector through the Use of Information and Communication Technology.
{"title":"ANALYSIS OF INDONESIAN COMMITMENT PRINCIPLES IN THE G20 ANTI-CORRUPTION WORKING GROUP IN 2020","authors":"Beni Sukri, R. Rustam","doi":"10.56107/penalaw.v1i2.44","DOIUrl":"https://doi.org/10.56107/penalaw.v1i2.44","url":null,"abstract":"Corruption is an act that violates the law, and this act often occurs in every country in the world, including Indonesia. Currently, the state has begun to realize the dangers caused by acts of corruption that can harm various fields such as economic, social and political in a country. With many countries experiencing the problem of corruption, there is a desire to jointly eradicate it by holding a joint agreement and committing to overcome it. The implementation of the G20 Anti-Corruption Working Group activity in 2020 is a continuation of previous activities to declare a joint commitment to fighting corruption. The Government of Indonesia through the Ministry of Foreign Affairs strives to always play an active role in these activities. The purpose of this paper is to analyze the principles contained in the commitments agreed by the countries participating in the G20 Anti-Corruption Working Group in 2020. The method used in writing this article is normative juridical or can also be called doctrinal legal research. This paper uses secondary data. Secondary data is data obtained by an organization or individual from other parties who have collected and obtained it before. The results obtained from this paper are that there are principles agreed upon in the G20 Anti-Corruption Working Group in 2020, namely: 1) principles for the preparation and implementation of a national strategy on anti-corruption; 2) principles to Promote Integrity in Privatization and Public-Private Partnerships; 3) the principle of Encouraging the Integrity of the Public Sector through the Use of Information and Communication Technology.","PeriodicalId":281598,"journal":{"name":"PENA LAW: International Journal of Law","volume":"100 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132847205","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}
Pub Date : 2022-09-30DOI: 10.56107/penalaw.v1i2.45
Zulfikri Zulfikri, Suryanto Sagala
In a fiduciary agreement, the object used as the object of the fiduciary guarantee is still in the control of the owner of the object (the debtor). case it is the granting of property rights to the fiduciary collateral. object without displaying a physical object. In general, in the law of guarantees whose objects are movable objects, the debtor cannot transfer, pledge or lease to other parties the objects that are the object of the Fiduciary Guarantee. This type of research is a sociological legal research conducted by means of a survey, namely research directly to the research location using a data collection tool in the form of interviews. Meanwhile, if viewed from its nature, this writing is descriptive analytical. Legal Protection Against Creditors for the Transfer of Four-Wheel Vehicles by Debtors to Third Parties in Pekanbaru City that the Fiduciary Guarantee Act has attempted to provide a technical protection for the interests of creditors, the implementation of protection through execution of fiduciary guarantees, which in the end provides choices for creditors to take peaceful way which means providing additional costs. Obstacles in Legal Protection Against Creditors on Transfer of Four-Wheel Vehicles by Debtors to Third Parties in Pekanbaru City that the Fiduciary Guarantee Law has given creditors a weak position, such as the lack of firmness in execution and concerning the implementation of executions.
{"title":"LEGAL PROTECTION OF CREDITORS ON THE TRANSFER OF FOUR-WHEEL VEHICLES BY THE DEBTOR TO THIRD PARTIESIN PEKANBARU CITY","authors":"Zulfikri Zulfikri, Suryanto Sagala","doi":"10.56107/penalaw.v1i2.45","DOIUrl":"https://doi.org/10.56107/penalaw.v1i2.45","url":null,"abstract":"In a fiduciary agreement, the object used as the object of the fiduciary guarantee is still in the control of the owner of the object (the debtor). case it is the granting of property rights to the fiduciary collateral. object without displaying a physical object. In general, in the law of guarantees whose objects are movable objects, the debtor cannot transfer, pledge or lease to other parties the objects that are the object of the Fiduciary Guarantee. This type of research is a sociological legal research conducted by means of a survey, namely research directly to the research location using a data collection tool in the form of interviews. Meanwhile, if viewed from its nature, this writing is descriptive analytical. Legal Protection Against Creditors for the Transfer of Four-Wheel Vehicles by Debtors to Third Parties in Pekanbaru City that the Fiduciary Guarantee Act has attempted to provide a technical protection for the interests of creditors, the implementation of protection through execution of fiduciary guarantees, which in the end provides choices for creditors to take peaceful way which means providing additional costs. Obstacles in Legal Protection Against Creditors on Transfer of Four-Wheel Vehicles by Debtors to Third Parties in Pekanbaru City that the Fiduciary Guarantee Law has given creditors a weak position, such as the lack of firmness in execution and concerning the implementation of executions.","PeriodicalId":281598,"journal":{"name":"PENA LAW: International Journal of Law","volume":"39 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121319366","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}
Pub Date : 2022-09-30DOI: 10.56107/penalaw.v1i2.40
Riadi Asra Rahmad
The policy of acquiring land for development by the government based on the ius constitutum of the aspect of assessing the amount of compensation, is carried out by means of an assessment of the value / price of the object of land acquisition by the land appraiser and / or public appraiser. Theimplementation of the government's policy towards the acquisition of land for development in the ius operatum phase is carried out through an agreement. The achievement of an agreement on land compensation between the parties in land acquisition will have an impact on the smooth running of the government in carrying out programs and policies in terms of development. So that the word agree is the key to opening the transfer of land rights status with deliberative techniques to reach consensus.
{"title":"THE LEGAL POLITICS OF THE GOVERNMENT ON THE ACQUISITION OF LAND FOR DEVELOPMENT IN TERMS OF THE ASPECTS OF THE IUS CONSTITUTUM AND IUS OPERATUM","authors":"Riadi Asra Rahmad","doi":"10.56107/penalaw.v1i2.40","DOIUrl":"https://doi.org/10.56107/penalaw.v1i2.40","url":null,"abstract":"The policy of acquiring land for development by the government based on the ius constitutum of the aspect of assessing the amount of compensation, is carried out by means of an assessment of the value / price of the object of land acquisition by the land appraiser and / or public appraiser. Theimplementation of the government's policy towards the acquisition of land for development in the ius operatum phase is carried out through an agreement. The achievement of an agreement on land compensation between the parties in land acquisition will have an impact on the smooth running of the government in carrying out programs and policies in terms of development. So that the word agree is the key to opening the transfer of land rights status with deliberative techniques to reach consensus.","PeriodicalId":281598,"journal":{"name":"PENA LAW: International Journal of Law","volume":"42 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116310801","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}
Narcotics and dangerous drugs may be as old as humans. Increasingly, drug users are increasingly widespread in various parts of the world, including Indonesia. The types of drugs are getting more and more sophisticated. In this latest century, it seems that no country is free from the problem of drugs. The term drugs in the context of Islamic law, is not mentioned directly in the Qur'an or in the Sunnah. In the Koran only mentions the term khamr. The purpose of this study is to analyze the comparison of punishment for perpetrators of the crime of alcohol and drugs in Islamic criminal law compared to positive Indonesian criminal law with normative legal research methods. The criminal difference for the perpetrators of the crime of khamr in Islamic criminal law compared to positive Indonesian criminal law is that in Islamic law, the punishment imposed is only in the form of caning, while in positive Indonesian criminal law, the sentence imposed can be in the form of imprisonment or a related fine. with liquor which is classified as a "crime" and imprisonment or a fine related to liquor which is classified as an "offence". Sanctions for perpetrators of drug abuse in the perspective of Islamic criminal law, have similarities with the legal sanctions for criminal acts of drug abuse in the perspective of the criminal law of the Republic of Indonesia, namely both are the authority of the government/judges to determine the punishment.
{"title":"CRIMINATION OF CRIMINAL ACTS OF KHAMAR AND DRUGS IN ISLAMIC CRIMINAL LAW COMPARED TO INDONESIAN POSITIVE CRIMINAL LAW","authors":"Hulaimi Hulaimi, Lewiaro Laia, Khairul Azwar Anas","doi":"10.56107/penalaw.v1i1.7","DOIUrl":"https://doi.org/10.56107/penalaw.v1i1.7","url":null,"abstract":"Narcotics and dangerous drugs may be as old as humans. Increasingly, drug users are increasingly widespread in various parts of the world, including Indonesia. The types of drugs are getting more and more sophisticated. In this latest century, it seems that no country is free from the problem of drugs. The term drugs in the context of Islamic law, is not mentioned directly in the Qur'an or in the Sunnah. In the Koran only mentions the term khamr. The purpose of this study is to analyze the comparison of punishment for perpetrators of the crime of alcohol and drugs in Islamic criminal law compared to positive Indonesian criminal law with normative legal research methods. The criminal difference for the perpetrators of the crime of khamr in Islamic criminal law compared to positive Indonesian criminal law is that in Islamic law, the punishment imposed is only in the form of caning, while in positive Indonesian criminal law, the sentence imposed can be in the form of imprisonment or a related fine. with liquor which is classified as a \"crime\" and imprisonment or a fine related to liquor which is classified as an \"offence\". Sanctions for perpetrators of drug abuse in the perspective of Islamic criminal law, have similarities with the legal sanctions for criminal acts of drug abuse in the perspective of the criminal law of the Republic of Indonesia, namely both are the authority of the government/judges to determine the punishment.","PeriodicalId":281598,"journal":{"name":"PENA LAW: International Journal of Law","volume":"46 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-05-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133465706","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}
Land has an important role to human livelihood and the economic need for land that is inversely proportional to the availability of the amount of land (tendrung is static) to be one factor triggering the spike in the number of disputes, conflicts and land affairs that occurred in Indonesia. Land use change can be a cause of disputes followed by the development of plantation development that continues to increase causing increased demand for land. Communal rights to customary community land should be given legal protection. These communal rights shall be regulated in the Regulation of the Minister of Agrarian Affairs / Spatial Planning and Head of BPN Number 10 of 2016, and in particular the provisions of Article 16 paragraph 1 h jo Section 53 of the BAL, In case of land rights disputes granted to legal subjects with communal rights of customary law community then the law must be enforced in its settlement to be resolved through the Court (litigation) of the institution having the authority to resolve the dispute and settlement of a non litigation dispute or alternative disputes resolution. Alternative dispute resolution in the form of win-win solusen that can provide mutual benefit.
{"title":"LAND LAW IN THE COMMUNAL RIGHTS OF THE COMMUNITY","authors":"Hamler Hamler, Leonard C. Opara","doi":"10.56107/penalaw.v1i1.6","DOIUrl":"https://doi.org/10.56107/penalaw.v1i1.6","url":null,"abstract":"Land has an important role to human livelihood and the economic need for land that is inversely proportional to the availability of the amount of land (tendrung is static) to be one factor triggering the spike in the number of disputes, conflicts and land affairs that occurred in Indonesia. Land use change can be a cause of disputes followed by the development of plantation development that continues to increase causing increased demand for land. Communal rights to customary community land should be given legal protection. These communal rights shall be regulated in the Regulation of the Minister of Agrarian Affairs / Spatial Planning and Head of BPN Number 10 of 2016, and in particular the provisions of Article 16 paragraph 1 h jo Section 53 of the BAL, In case of land rights disputes granted to legal subjects with communal rights of customary law community then the law must be enforced in its settlement to be resolved through the Court (litigation) of the institution having the authority to resolve the dispute and settlement of a non litigation dispute or alternative disputes resolution. Alternative dispute resolution in the form of win-win solusen that can provide mutual benefit.","PeriodicalId":281598,"journal":{"name":"PENA LAW: International Journal of Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-05-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127688423","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}
God created sexual intimacy to be enjoyed only in marriage. God has determined that Adam's children tend to commit adultery. This desire is inevitable, namely to commit adultery in the form of vision, adultery of the mouth in the form of narrative, adultery feelings through ideals and the desire to get it. However, it is the genitals who determine in adultery or not. The Indonesian Criminal Code does not view all non-marital sex relations as adultery. According to the Indonesian Criminal Code, adultery can only occur if sexual relations outside of marriage are carried out by people who are married. In addition, adultery in Indonesia cannot be threatened with punishment if there are no complaints from the victim who feel insulted or harmed, namely the husband or wife of the perpetrator.
{"title":"THE INDONESIAN CRIMINAL CODE: UNREGULATED ADULTERY (AN OVERVIEW OF ISLAMIC CRIMINAL LAW)","authors":"Irfan Ardiansyah, Duwi Handoko, Beni Sukri","doi":"10.56107/penalaw.v1i1.8","DOIUrl":"https://doi.org/10.56107/penalaw.v1i1.8","url":null,"abstract":"God created sexual intimacy to be enjoyed only in marriage. God has determined that Adam's children tend to commit adultery. This desire is inevitable, namely to commit adultery in the form of vision, adultery of the mouth in the form of narrative, adultery feelings through ideals and the desire to get it. However, it is the genitals who determine in adultery or not. The Indonesian Criminal Code does not view all non-marital sex relations as adultery. According to the Indonesian Criminal Code, adultery can only occur if sexual relations outside of marriage are carried out by people who are married. In addition, adultery in Indonesia cannot be threatened with punishment if there are no complaints from the victim who feel insulted or harmed, namely the husband or wife of the perpetrator.","PeriodicalId":281598,"journal":{"name":"PENA LAW: International Journal of Law","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-05-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116746168","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}
Pub Date : 2022-05-21DOI: 10.56107/penalaw.v1i1.10
Tat Marlina, Duwi Handoko, Riadi Asra Rahmad
The purpose of this paper is to find out the problem of fulfilling the right to express opinions and violations of the right to health in Indonesia. This type of research is normative legal research specifically discussing human rights in the field of expressing opinions and rights to health. Data analysis in this study was carried out systematically based on the research problems described qualitatively. In relation to expressing opinions in public, such as demonstrations or demonstrations with many participants, restrictions on freedom are usually associated with "public order" or public orders. The most difficult is how to provide a balance between freedom and public order. Demonstrations by a number of doctors certainly have an impact on patient care, which in principle has harmed the public interest. In addition, the demonstration by blocking the road body certainly hurts the public interest, namely the interests of all road users. Based on the results of Komnas HAM's investigation, at least 15 types of human rights violations were affected by Lapindo mudflow victims. The problem when it is associated with the right to health is in the form of: not a few refugees whose health is disrupted resulting in people falling ill and some dying due to the absence of a proper environment for displaced people; and gas contaminated air and clean water facilities that are damaged are not handled properly by the government.
{"title":"PROBLEMS OF FULFILLMENT OF THE RIGHT TO EXPECT OPINIONS AND VIOLATIONS OF THE RIGHT TO HEALTH IN INDONESIA","authors":"Tat Marlina, Duwi Handoko, Riadi Asra Rahmad","doi":"10.56107/penalaw.v1i1.10","DOIUrl":"https://doi.org/10.56107/penalaw.v1i1.10","url":null,"abstract":"The purpose of this paper is to find out the problem of fulfilling the right to express opinions and violations of the right to health in Indonesia. This type of research is normative legal research specifically discussing human rights in the field of expressing opinions and rights to health. Data analysis in this study was carried out systematically based on the research problems described qualitatively. In relation to expressing opinions in public, such as demonstrations or demonstrations with many participants, restrictions on freedom are usually associated with \"public order\" or public orders. The most difficult is how to provide a balance between freedom and public order. Demonstrations by a number of doctors certainly have an impact on patient care, which in principle has harmed the public interest. In addition, the demonstration by blocking the road body certainly hurts the public interest, namely the interests of all road users. Based on the results of Komnas HAM's investigation, at least 15 types of human rights violations were affected by Lapindo mudflow victims. The problem when it is associated with the right to health is in the form of: not a few refugees whose health is disrupted resulting in people falling ill and some dying due to the absence of a proper environment for displaced people; and gas contaminated air and clean water facilities that are damaged are not handled properly by the government.","PeriodicalId":281598,"journal":{"name":"PENA LAW: International Journal of Law","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-05-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120964774","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}
The factors that cause children to commit delinquency consist of two kinds, namely intrinsic and extrinsic motivation. Intrinsic motivation is encouragement or desire in someone who does not need to be accompanied by stimulants from the outside. Extrinsic motivation is an impulse that comes from outside a person. The punishment for the crime of minors from the perspective of Islamic criminal law and positive criminal law is as follows: Based on Law Number 11 of 2012 concerning the Child Criminal Justice System, which came into force in 2014, it is known that "Children who are not yet 14 (fourteen) years can only be subject to action ". Based on this, the age limit for children who can be convicted or can be punished if interpreted, is almost in accordance with the concept of balig or adult concept in Islamic law, which is only fifteen years old; semen out; dreams of intercourse; start menstruating for women.
{"title":"PERSPECTIVES ON ISLAMIC CRIMINAL LAW AND POSITIVE INDONESIAN CRIMINAL LAW AGAINST CHILDREN WHO COMMIT CRIMES","authors":"Rahmad Alamsyah, Aneesh V. Pillai","doi":"10.56107/penalaw.v1i1.9","DOIUrl":"https://doi.org/10.56107/penalaw.v1i1.9","url":null,"abstract":"The factors that cause children to commit delinquency consist of two kinds, namely intrinsic and extrinsic motivation. Intrinsic motivation is encouragement or desire in someone who does not need to be accompanied by stimulants from the outside. Extrinsic motivation is an impulse that comes from outside a person. The punishment for the crime of minors from the perspective of Islamic criminal law and positive criminal law is as follows: Based on Law Number 11 of 2012 concerning the Child Criminal Justice System, which came into force in 2014, it is known that \"Children who are not yet 14 (fourteen) years can only be subject to action \". Based on this, the age limit for children who can be convicted or can be punished if interpreted, is almost in accordance with the concept of balig or adult concept in Islamic law, which is only fifteen years old; semen out; dreams of intercourse; start menstruating for women.","PeriodicalId":281598,"journal":{"name":"PENA LAW: International Journal of Law","volume":"103 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-05-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134505550","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}
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