This study aims to argue that the time of the criminal response at the international level is one neglected factor with unpredictable and sometimes irreversible consequences on the rights of victims. Speaking of delays, the idea is to demonstrate that this justice system does not react or act within a time limit that would prevent the deterioration of a situation, already...
Freedom of expression is stated in Article 28E of the 1945 Constitution. However, law enforcement obeys laws and norms that do not use the law as a source of law. This paper uses normative legal research method consisting of case approach and a statutory approach. Sources of data used are primary data obtained from interviews and secondary data obtained by collecting data...
Some people are currently misusing rapid technological advance 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 paper are first, how are the police efforts in tackling the crime of selling abortion drugs through social media...
The existence of restorative justice certainly brings a new paradigm in settlement of criminal cases, with the settlement of cases solely out of court. Restorative justice-based law enforcement is 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 of the Year...
The involvement of children in drug abuse cases not only positions children as victims but also creates victimization of children. This study not only describes the involvement of children in drug abuse but also explains the victimization of child victims. This study uses a qualitative descriptive. Data collection was collected by reading 2,000 online news texts using the search...
Law Number 35 Article 1 paragraph 6 of 2014 concerning Child Protection is a criminal law policy to protect children who are exploited, sexually assaulted, or employed as housemaids. The issues discussed in this article pertain to the factors that contribute to the occurrence of criminal acts of exploitation of children employed as housemaids, as well as the prevention of...
Corruption is an extraordinary crime because the impact of corruption harms the financial condition of a country; corruption is also alleged to violate the social and economic rights of the community or citizens in the country. Since corruption criminal is included as a extraordinary crime, an extraordinary method must be applied to eradicate corruption. For this reason, also...
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...
The law, understood as the set of rules that organizes life in a given society (objectivemeaning) and recognizes the prerogatives of the members of the said society or subjects of law (subjective meaning), is incapable of effectively fighting against poverty. Indeed, the law seems to be powerless against this social fact, or even scourge, to the point that it displays sometimes...
Given the lack of a specific institution in Indonesia that oversees personal data protection, the importance of protecting personal data is frequently debated. Along with technological developments that continue to occur, it will be directly proportional to the legal risks caused. Hence, these developments need to be balanced with existing legal rules to minimize the occurrence...
The challenging aspect of a large number of sexual violence in Indonesia for the last has pronpted the government a to create few years draft law on the Elimination of Sexual Violence included in the National Legislation Program Priority 2021. For this reason, the government is expected to ratify the draft law on the Elimination of Sexual Violence to regulate sexual violence...
The existence of children is not only limited to biological and sociological recognition, but it is also critical for the State to formally recognize the existence of a child where they live and stay. It is challenging for children to have a right because they cannot consistently enforce or waive their rights. In contrast, the realization of children's rights is critical in...
Trial proving in Indonesia has always been limited to Criminal Procedural Law and other regulations. Following the recent development of electronic criminal case trials, there has not been any precise regulation aside from Supreme Court Regulation 4 of 2020. The contradiction between KUHAP and Supreme Court Regulation causes problems, especially regarding trial proving. The...
An error in persona in the implementation of the criminal justice system is a type of destructive action by law enforcement officers that can cause harm to someone. The use of authority by investigators to arrest and detain and detention and prosecution by public prosecutors is a concrete form of persona error. This study focused on the mechanism of a compensation claim through...
Easy access to the world of information technology currently impacts the rise of cybercrime, including the crime of online gambling. Many efforts have been made by the government and law enforcers, including, in this case, the police, to prevent and take action against this online gambling crime, either block sites that are gambling arenas or improve the national security system...
The resolution process of law enforcement related to press offences differs in Indonesia. The disparity in resolving legal issues arising from press violations in Indonesia is due, in part, to differing interpretations of press regulations. Some actions were taken under Law No. 40 of 1999 Concerning the Press (Press Law). Some issues were resolved through the Criminal Code or the...
Overcapacity in prisons usually happens due to the high number of incoming inmates which is not directly proportional to the capacity of the correctional institution. It is a problem in realizing the aim of both the correctional system and the criminal justice system and raises the urgency of alternative penalties application. This research aims twofold: First, to uncover the...
Narcotics addicts and victims of narcotics abuse must undergo medical and social rehabilitation, according to Article 54 of Indonesia's Narcotics Law. The government then issued a rehabilitation policy for them under the authority of three state institutions, namely the Ministry of Health, the Ministry of Social Affairs, and the National Narcotics Agency. This causes overlapping...
The presence of Constitutional Court Decision Number 65/PUUVIII/2010 expands the meaning of witnesses in Article 1 point 26 of the KUHAP, resulting in the emergence of various interpretations in criminal justice practice concerning the position of verbal witness testimony as evidence. Juridically, the decision creates problems considering that the Criminal Procedure Code or Kitab...
Providing health services to the community is very important, where every community must get proper health services and according to permission from the government. However, in terms of providing services to the community, things that are not supposed to be done by medical personnel are not uncommon, such as malpractice. Malpractice in the provision of health services by medical...
This research aimed to analyze the position of electronic medical records and as evidence in court. The research method uses a normative juridical approach. To obtain an overview of electronic medical records as evidence in court, the legal materials collected are qualitative data. Any electronic evidence can be used as evidence if it meets formal and material requirements, as...
Diversion efforts is an alternative solution for the sake of realizing children's interests and protecting the future of children from the destructive effects of imprisonment, which stigmatize criminals in the eyes of the community, but all of these have not been maximally realized because there is a court decision in the Lampung region itself which still applies sanctions...
The press in performing its functions can not be separated from all acts of fraud and irregularities committed by the subjects of the press both the public, the press (journalists, media, press council, etc.), even the government. Criminal law has two main elements namely, the first is the existence of a norm, which is a prohibition or order (rule). Second, the existence of...
Criminal acts related to hate speech are one of the crimes that occur as a result of the misuse of information technology carried out by a person or group by conveying forms of provocation, seditious actions, or in the form of insults to someone or certain other groups in terms of various indicators, namely race, skin, gender, religion and others. Research problems: how are the...
Sentencing must be guided by the principle of quae sunt minoris culpae sunt majoris infamiae (cruel crimes will be punished with cruel punishment). However, there must be a limit to the punishment (poenae sunt restringenade). In its implementation, the imposition of crimes against convicted people often creates ongoing problems in people's lives. Instead of aiming to popularize...