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The Implementation of Child Violence Law which Caused the Fatal Death 致人死亡的儿童暴力法的实施
Q2 Social Sciences Pub Date : 2022-05-13 DOI: 10.30659/ldj.4.1.154-161
Teguh Ariawan, Siti Rodhiyah Dwi Istinah, Denny Suwondo
The purpose of this study is to determine and analyze the application of the law on child abuse that causes death with child perpetrators. The approach method used in this research is sociological juridical, emphasizing research that aims to obtain legal knowledge empirically by going directly to the object. Violence committed by minors resulting in the loss of a person's life must be enforced by law in accordance with its handling. The disappearance of life for the purpose of a crime, whether intentional or unintentional, cannot be justified by law. Law enforcement is a form of effort in creating justice for perpetrators and victims. The results of the study did not find anything that could eliminate criminal liability, either as a justification or excuse for forgiveness, so the child must be held accountable for his actions by being sentenced to imprisonment for 3 (three) years and 6 (six) months at the Child Special Guidance Institution (LPKA). Class I Kutoarjo.
这项研究的目的是确定和分析导致儿童行凶者死亡的虐待儿童问题法律的适用情况。本研究使用的研究方法是社会学法学,强调研究的目的是通过直接进入对象,以经验的方式获得法律知识。未成年人实施暴力造成人身伤亡的,应当依法处理。为犯罪目的而使生命消失,无论是有意的还是无意的,都不能在法律上为其辩护。执法是为犯罪者和受害者伸张正义的一种努力。研究结果没有发现任何可以消除刑事责任的东西,无论是作为原谅的理由还是借口,所以孩子必须对自己的行为负责,被判处3年零6个月的监禁,在儿童特殊指导机构(LPKA)服刑。一级库托阿霍。
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引用次数: 1
Application of Double Track System Model Against Applicants of Narcotics Abus 双轨制模式在吸毒申请人中的应用
Q2 Social Sciences Pub Date : 2022-05-13 DOI: 10.30659/ldj.4.1.133-141
Tony Andri Dwi Ermawan, I. Maerani, Achmad Sulchan
The purpose of this study is to find out and analyze the implementation of the implementation of the double track system model against narcotics abusers. To find out and analyze the obstacles and solutions to implementing the double track system model for narcotics abusers. This study uses a sociological juridical approach, with descriptive analytical research specifications. The data used in this study was secondary data obtained through literature study which was then analyzed qualitatively. The results of this study were the application of the double track system model of law against perpetrators of narcotics abuse in the form of applying the law to serve a sentence in prison, while the sanctions for actions given to narcotics addicts as victims are in the form of treatment and/or treatment organized in the form of rehabilitation facilities. The implementation system is that the period of treatment and/or treatment is counted as a period of serving a sentence. Barriers to the Implementation of the Double Track System Model on Narcotics Abuse Perpetrators are the existence of different rules that can be applied to the same act, namely narcotics abuse; inadequate infrastructure; rehabilitation institutions for narcotics abuse and narcotics victims are still very limited.
本研究的目的是找出并分析实施双轨制的模式对毒品滥用者的打击。找出并分析实施毒品滥用者双轨制模式的障碍及对策。本研究采用社会学法学方法,并辅以描述性分析研究规范。本研究使用的数据是通过文献研究获得的二手数据,然后进行定性分析。这项研究的结果是对滥用麻醉品的犯罪者采用法律的双轨制度模式,其形式是适用法律在监狱服刑,而对作为受害者的麻醉品成瘾者采取的行动的制裁形式是治疗和(或)以康复设施的形式组织治疗。执行制度是,治疗期和(或)治疗期计算为服刑期。对滥用麻醉品行为人实行双轨制模式的障碍是存在对同一行为即滥用麻醉品可适用的不同规则;基础设施不足;麻醉品滥用者和麻醉品受害者的康复机构仍然非常有限。
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引用次数: 1
The Criminal Law Enforcement on the Criminal Act of Employment 论就业犯罪行为的刑事执法
Q2 Social Sciences Pub Date : 2022-05-13 DOI: 10.30659/ldj.4.1.124-132
Arigonnanta Bagus Wicaksono, Bambang Tri Bawono, Jawade Hafidz
The aims of this research are: To find out and analyze the law enforcement of the crime of embezzlement in office. To find out and analyze the factors causing the occurrence of criminal acts of embezzlement in office. This study uses an empirical juridical approach, with descriptive analytical research specifications. The data used in this research is secondary data obtained through literature study. The method of data collection is obtained from literature study, then analyzed qualitatively. The result of this research is that the law enforcement of the crime of embezzlement in office is carried out through a penal approach, namely by means of legal remedies. Legal efforts with the penal route focus on repressive actions, namely eradication and crackdown actions to overcome the problem of criminal acts of embezzlement. Legal policies in the effort to enforce criminal law against criminal acts of embezzlement are included in social policies, namely policies or rational efforts in order to achieve public welfare. 
本研究的目的是:找出并分析职务侵占罪的执法问题。找出并分析导致职务侵占犯罪行为发生的因素。本研究采用实证法学方法,并辅以描述性分析研究规范。本研究使用的数据是通过文献研究获得的二手数据。资料收集的方法是通过文献研究获得,然后进行定性分析。本研究的结果是,公职侵占罪的执法是通过刑事途径,即通过法律救济手段进行的。刑事路线的法律努力侧重于镇压行动,即根除和打击行动,以克服贪污犯罪行为的问题。为打击贪污犯罪行为而执行刑法的法律政策被纳入社会政策,即为实现公共福利而采取的政策或理性努力。
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引用次数: 0
The Criminal Law Policy Regarding the Death Penalty in Renewing of Indonesian Criminal Law 印尼刑法更新中的死刑刑法政策
Q2 Social Sciences Pub Date : 2022-05-13 DOI: 10.30659/ldj.4.1.170-181
Yudi Alvisahrin, E. Soponyono, Umar Ma’ruf
This study aims to examine in depth the criminal law policy regarding the death penalty in the renewal of Indonesian criminal law. This research was expected to contribute ideas in the realm of literature in the field of Islamic law as well as input for observers and law enforcers to determine policies related to the death penalty law. To achieve this goal, this research was conducted by observing events or facts deemed relevant to the research, by collecting primary data and secondary data through a juridical-normative approach with qualitative analysis methods. The study with this theme can be concluded that the choice or stipulation of the death penalty as a means to tackle crime is essentially a policy choice. The concept of the draft Criminal Code issues the death penalty from the main criminal system and lists it as a special principal crime or as an exception (special) punishment. These laws are made to maintain the balance of human life in order to create harmony and order.
本研究旨在深入审查印度尼西亚刑法更新过程中有关死刑的刑法政策。预期这项研究将为伊斯兰法领域的文学领域提供思想,并为观察员和执法人员确定与死刑法有关的政策提供投入。为了实现这一目标,本研究通过观察与研究相关的事件或事实,通过司法规范方法和定性分析方法收集一手数据和二手数据来进行。关于这一主题的研究可以得出结论,选择或规定死刑作为对付犯罪的一种手段,本质上是一种政策选择。刑法典草案的概念是从刑事主体制度出发,将死刑列为一种特殊的主罪或例外(特别)刑。这些法则是为了维持人类生活的平衡,从而创造和谐与秩序。
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引用次数: 0
The Termination of Middle Criminal Prosecutions based on Restorative Justice 基于恢复性司法的中期刑事诉讼终止
Q2 Social Sciences Pub Date : 2022-05-13 DOI: 10.30659/ldj.4.1.142-153
Darmawanta Sembiring, S. Kusriyah, Peni Rinda Listyawati
The purpose of this study was to find out and analyze how the form and policy of stopping the prosecution of minor crimes through a restorative justice approach and the obstacles faced in implementing the policy of stopping the prosecution of minor crimes through a restorative justice approach. This study used an empirical legal method by relying on primary data sources. Prosecutor's Regulation No. 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice is a breakthrough made by the prosecutor's office to answer legal problems that exist in society, so that punishments that have been considered by the public no longer provide a sense of justice are lost and public trust in the prosecutor's office as part of the public prosecutor's office. Based on the results of the study, it was concluded that of the 80 cases whose prosecution was terminated based on restorative justice referred to above, one of them was carried out by the Demak District Attorney. Although in the implementation of diversion there are obstacles in the form of peace efforts carried out by the Public Prosecutor from the Demak District Prosecutor's Office, the Suspects and Victims have not received a response, but after involving community leaders as mandated in this Perja, peace can be carried out so that a policy is taken to stop the prosecution of the case outside court (before the case is transferred to the Court).
本研究的目的是了解和分析通过恢复性司法方式停止起诉未成年人犯罪的形式和政策,以及通过恢复性司法方式实施停止起诉未成年人犯罪的政策所面临的障碍。本研究采用实证法学方法,依托原始数据来源。2020年第15号《基于恢复性司法的起诉终止条例》是检察院为解决社会存在的法律问题而做出的突破,使国民认为不再具有正义感的刑罚失去了国民对检察院作为检察官的一部分的信任。根据研究的结果,得出的结论是,在根据上述恢复性司法终止起诉的80个案件中,其中一个案件是由德马克地区检察官执行的。虽然在实施转移方面存在障碍,即德马克地区检察官办公室的检察官进行了和平努力,但嫌疑犯和受害者尚未收到答复,但在根据本Perja的规定让社区领导人参与之后,可以实现和平,以便采取一项政策,在法庭外停止对案件的起诉(在案件移交法院之前)。
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引用次数: 0
The Law Enforcement in Judges' Decisions based on Progressive Law 基于进步法的法官判决中的执法
Q2 Social Sciences Pub Date : 2022-05-12 DOI: 10.30659/ldj.4.1.83-91
E. Hartoyo, Widayati Widayati, I. Maerani
This study aims to identify and examine law enforcement in judges' decisions based on progressive law. This study uses a normative juridical approach with descriptive analysis. The data used was secondary data obtained through literature study, which was then analyzed qualitatively. Based on the research, it is concluded that law enforcement in fair judge decisions is based on progressive law, namely in making decisions, judges adhere to their conscience. Progressive law is very important to be presented as a philosophical and theoretical basis for judges in handling cases in court. Judges have the freedom of logic to find and create laws that are in accordance with the community's sense of justice, because the law is for humans, not the other way around. The discovery of law in the context of making decisions, is not merely legalistic, does not only fulfill legal formalities or just maintains order, has a vision of foresight (visionary) who has the moral courage to make legal breakthroughs, and takes sides and is sensitive to fate and the state of the nation and state.
本研究旨在识别和检验基于进步法的法官判决中的执法。本研究采用规范性的司法方法和描述性分析。使用的数据是通过文献研究获得的二手数据,然后进行定性分析。在研究的基础上,得出公正法官判决中的执法是建立在进步法的基础上的,即在做出判决时,法官坚持自己的良心。作为法官在法庭上处理案件的哲学和理论基础,进步法是非常重要的。法官有逻辑上的自由去发现和创造符合社会正义感的法律,因为法律是为人类服务的,而不是相反。在决策的语境中发现法律,不只是法律主义,不只是履行法律形式或只是维持秩序,具有远见卓识(远见卓识),有道德勇气进行法律突破,站队,对命运和民族、国家的状况敏感。
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引用次数: 1
The Implementation of Rehabilitation against Narcotics Abuser 实施对毒品滥用者的康复
Q2 Social Sciences Pub Date : 2022-05-12 DOI: 10.30659/ldj.4.1.76-82
Noorul Umaya, Latifah Hanim, R. S. Sugiharto
The purpose of this study is to find out and analyze the implementation of rehabilitation for narcotics abusers, to find out and analyze the obstacles faced by the Public Prosecutor in implementing the rehabilitation of narcotics abusers and their solutions. The research approach method used is the sociological juridical method. The conclusion of this study is that the implementation of rehabilitation for narcotics abusers is carried out entirely by the National Narcotics Agency (BNN). The obstacles faced by the Public Prosecutor in implementing rehabilitation are the absence of juridical qualifications between the types of criminal offenses and violations, the absence of a special rehabilitation center for narcotics abusers, the lack of rehabilitation technicians and the limited rehabilitation budget owned by the National Narcotics Agency (BNN).
本研究的目的是了解和分析毒品滥用者康复的实施情况,了解和分析检察官在实施毒品滥用者康复方面面临的障碍及其解决办法。所采用的研究方法是社会学法学方法。本研究的结论是,毒品滥用者康复的实施完全由国家麻醉品局(BNN)进行。检察官在实施康复方面面临的障碍是:刑事犯罪和违法行为的类型之间缺乏司法资格;没有专门的麻醉品滥用者康复中心;缺乏康复技术人员;国家麻醉品局拥有的康复预算有限。
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引用次数: 0
The Application of Principle of Mistake as Legal Liability on the Criminal Theft 过错作为法律责任原则在盗窃犯罪中的适用
Q2 Social Sciences Pub Date : 2022-05-12 DOI: 10.30659/ldj.4.1.92-98
Muhammad Heriyansyah, Amin Purnawan, Achmad Sulchan
This study aims to determine the application of the principle of error as legal responsibility for the crime of theft in the Tanjungpinang District Court Decision. By using a normative juridical approach that is descriptive analytical. The results of the study showed that the application of the principle of guilt as absolute liability in criminal law as the basis for imposing a crime, the defendant was proven unlawfully against the law in violating the material elements of Article 363 paragraph (1) 3 and 4 of the Criminal Code. So the form of error committed by the defendant if qualified is intentional. Deliberately can mean deliberately to do something and deliberately not to do something that should be done.
本研究旨在确定错误原则作为盗窃罪法律责任在丹戎槟榔区法院判决中的适用。通过使用规范性的司法方法,即描述性的分析性方法。研究结果表明,在刑法绝对责任原则的适用下,被告人违反了《刑法》第363条第(1)款第3项和第4项的实质要件,是违法的。因此,被告犯错误的形式,如果合格,是故意的。Deliberately可以指故意做某事,也可以指故意不做应该做的事情。
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引用次数: 0
Effectiveness and Problems of Implementation of Assistance for Witnesses 协助证人制度实施的有效性与问题
Q2 Social Sciences Pub Date : 2022-05-12 DOI: 10.30659/ldj.4.1.61-68
Novita Irma Yulistyani, Umar Ma’ruf, Aryani Witasari
Proof of a crime, the evidence that must be met is at least 2 pieces of evidence. Evidence that must be submitted in proving a crime is evidence in the form of witness statements. Witness testimony will determine whether a crime can be proven or not before the trial. Considering the importance of witness testimony in proving a crime, it should be balanced with legal protection for witnesses, one of which is by providing assistance in the form of medical assistance, psychosocial rehabilitation and/or psychological rehabilitation. This study aims to answer the problems, namely: first, why is assistance needed for witnesses? second, has the implementation of providing assistance for witnesses been effective? Third, what are the problems faced in providing assistance for witnesses and what are the solutions? The research method uses sociological juridical with a legal research approach using secondary data as initial data, which is then followed by primary data in the field or on the community. Primary data was obtained by obtaining directly from the field through unstructured interviews, secondary data obtained through library research consisting of primary legal materials and secondary legal materials. Qualitative data analysis emphasized the analysis on the process of deductive and inductive inference as well as on the dynamics of the relationship between phenomena that observed using scientific logic. The research problems were analyzed using the theory of legal protection, the theory of legal effectiveness and the theory of justice. The results of the research and discussion of this study can be concluded that the reasons for the need for assistance for witnesses are because witnesses are very decisive evidence in the process of proving criminal cases, witnesses must be free and safe in giving testimony and many witnesses need medical assistance, psychological rehabilitation and/or or psychosocial rehabilitation. Regarding the effectiveness of assistance for witnesses, currently it has not been effective. This is due to the legal factors themselves, law enforcement factors and community factors. This is because there are problems from the lack of knowledge by law enforcement officers, the absence of rules that bind law enforcers, the absence of synergy between law enforcement agencies and the lack of socialization to the public regarding the assistance for witnesses.
证明犯罪,必须满足的证据至少是2件证据。证明犯罪必须提交的证据是以证人陈述的形式提供的证据。在审判前,证人的证词将决定一项罪行能否得到证实。考虑到证人证词在证明犯罪方面的重要性,它应与对证人的法律保护相平衡,其中之一是以医疗援助、社会心理康复和/或心理康复的形式提供援助。本研究旨在回答以下问题:第一,为什么需要证人协助?第二,协助证人制度的实施是否有效?第三,证人协助工作存在哪些问题?解决办法是什么?研究方法采用社会学、法学和法律研究方法,使用二手数据作为初始数据,然后是实地或社区的原始数据。第一手资料是通过非结构化访谈直接从实地获得的,二手资料是通过图书馆研究获得的,包括一手法律资料和二手法律资料。定性数据分析强调对演绎和归纳推理过程的分析,以及用科学逻辑观察到的现象之间动态关系的分析。运用法律保护理论、法律效力理论和正义理论对研究问题进行了分析。本研究的研究和讨论结果可以得出结论,证人需要援助的原因是,证人在证明刑事案件的过程中是非常决定性的证据,证人必须自由和安全地作证,许多证人需要医疗援助、心理康复和/或心理社会康复。关于协助证人的效力,目前还没有发挥效力。这是由于法律因素本身,执法因素和社会因素。这是因为在协助证人方面存在着执法人员缺乏知识、缺乏约束执法人员的规则、执法机构之间缺乏协同作用、对公众缺乏社会化等问题。
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引用次数: 0
The Implementation of the Application of Law of Criminal Acts with Violence 暴力犯罪行为适用法律的实施
Q2 Social Sciences Pub Date : 2022-05-06 DOI: 10.30659/ldj.4.1.51-60
Dewi Indrasari, Siti Rodhiyah Dwi Istinah, Amin Purnawan
The purpose of this study is to determine the implementation of the application of the law of criminal acts with violence in the Demak District Court. The approach method used is normative legal research which is descriptive analytical in nature with legal research that is carried out by examining library materials or secondary data as the basic material for research. Conclusions in the defendant's research in the decision of the judges of the Demak District Court sentenced to imprisonment for 1 (one) year 4 (four) months and pay court fees in the amount of IDR 3,000 (three thousand rupiah).The sanctions imposed by the Panel of Judges on the defendant are too light, in Article 365 of the Criminal Code the maximum period of time the defendant can be snared is 9 (nine) years.
本研究的目的是确定丹麦地方法院对暴力犯罪行为适用法律的执行情况。所使用的方法是规范性法律研究,这是描述性分析性质的法律研究,通过检查图书馆资料或二手数据作为研究的基本材料来进行。在被告的研究结论中,Demak地区法院的法官决定判处被告有期徒刑1(一)年4(四个)个月,并支付法庭费用3000印尼盾(三千卢比)。法官小组对被告施加的制裁太轻,《刑法》第365条规定,对被告的最长刑期为9年。
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引用次数: 0
期刊
Law Environment and Development Journal
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