The subject of the paper is the general and specific purpose of criminal sanctions in the law of the Republic of Serbia, with a brief overview of certain characteristics of criminal sanctions, and in ...order to better understanding them. Achieving the purpose of prescribing and imposing criminal sanctions contributes to the realization of the basic function of criminal law, which is aimed at combating crime. Reducing crime is necessary, but as it is a complex phenomenon, achieving this goal is not easy, and understanding the purpose of criminal sanctions can contribute to a more successful application of criminal law and, to that end, to more successfully counteract of this negative phenomenon.
We review economics research regarding the effect of police, punishments, and work on crime, with a particular focus on papers from the last twenty years. Evidence in favor of deterrence effects is ...mixed. While there is considerable evidence that crime is responsive to police and to the existence of attractive legitimate labor-market opportunities, there is far less evidence that crime responds to the severity of criminal sanctions. We discuss fruitful directions for future work and implications for public policy.
Policing is a government function responsible for maintaining public order and safety. As an institution, the police have the authority to enforce laws and provide guidance and services to the ...community. This study investigates the enforcement of criminal penalties for drug abuse committed by police officers. The research adopts a normative legal approach, anchoring itself in the legal framework outlined within Law Number 35 of 2009, specifically focusing on the realm of Narcotics. This research method employs a normative juridical approach, wherein the issues arising in the field are examined through legal materials discussing the abuse of narcotics. The study finds that judges impose criminal sanctions on police officers who abuse narcotics in the same way as civilians, as specified in Law Number 2 of 2002 concerning the Indonesian National Police Article 29 paragraph (1). This underscores the civilian status of police officers, making it clear that they fall outside the purview of military law. Keyword: criminal sanctions, narcotics abuse, police officers
Juvenile imprisonment Grbić, Bogdanka
Pravo, teorija i praksa,
12/2023, Letnik:
40, Številka:
4
Journal Article
Recenzirano
Odprti dostop
Juvenile delinquency is a negative social phenomenon and a socio-legal problem that has always existed in all societies of the world. In our country, the social response to juvenile crime has evolved ...over time. Initially, juveniles were treated as adults, and the primary purpose of punishment was repression. However, with the adoption of the Law on Juvenile Offenders and Criminal Protection of Juveniles in 2005, significant changes occurred. The new system of punishment primarily focuses on the protection, correction, and rehabilitation of juveniles. For this purpose, corrective orders are issued first. However, when the dimensions of juvenile crime surpass the possibilities offered by the application of corrective orders, criminal sanctions are imposed. Juvenile imprisonment is the only punishment recognized by our juvenile criminal legislation. It is applied as an "ultima ratio" for older juveniles, only when the legal requirements are met. The subject of the paper is precisely the analysis of the content of the sentence of juvenile imprisonment, the legal conditions for imposing it and the manner of its execution. The aim is to review the fundamental positive legal decisions in the Republic of Serbia related to the sentence of juvenile imprisonment and the criminal legal status of juveniles.
This article is written because of the existence of the Securities Exchange Act (UUPM) No. 8 of 1995 concerning criminal sanctions for perpetrators of insider trading crimes. Furthermore, The ...Financial Services Authority (OJK) issued the OJK Regulation No. 36/POJK.04/2018 ruling sanctions against the insider trading criminals following Una Via principles i.e. the selection between criminal and administrative sanctions. To date, the insider trading criminals have been given only administrative one. UUPM states clearly that such perpetrator is included in crimes, not violation, so they should be given criminal sanction. The article aims to describe the position of criminal sanction toward insider trading criminals after the implementation of the OJK Regulation No. 36/POJK.04/2018 concerning Procedures for Audit in the Capital Market Sector. The author uses normative juridical method in reviewing the legislation by using articles, books, and other literatures related to the problem. The results reveal that the OJK prioritizes administrative sanction and has the criminal sanction as the last option in penalizing the insider trading criminals. Such criminal is forbidden in Islam because they cheat other capitalists.Penulisan artikel ini dilatarbelakangi adanya Undang-Undang Pasar Modal No. 8 Tahun 1995 memuat sanksi pidana bagi pelaku tindak pidana insider trading, dan pihak Otoritas Jasa Keuangan (OJK) mengeluarkan peraturan baru yakni Peraturan OJK No. 36/POJK.04/2018 mengatur pemberian sanksi terhadap pelaku tindak pidana insider trading menganut prinsip Una Via yakni prinsip pemilihan antara sanksi pidana dan sanksi administrative. Implementasi peraturan selama ini tindak pidana insider trading hanya dikenakan sanksi administratif. Didalam Undang-Undang Pasar Modal telah dinyatakan bahwa tindak pidana insider trading masuk dalam kategori kejahatan dan bukan pelanggaran, sehingga sanksi yang dikenakan adalah sanksi pidana. Artikel ini bertujuan untuk menjawab pertanyaan bagaimana kedudukan sanksi pidana pada tindak pidana Insider Trading pasca berlakunya Peraturan Otoritas Jasa Keuangan No. 36/POJK.04/2018 Tentang Tata Cara Pemeriksaan di Sektor Pasar Modal. Metode penulisan yang digunakan adalah yuridis normatif yakni mengkaji peraturan perundang-undangan yang juga dibantu dengan artikel, buku, dan literatur lain yang berkaitan dengan permasalahan pada tulisan ini. Hasil kajian menunjukkan bahwa untuk kedudukan sanksi pidana sendiri OJK lebih mengedepankan sanksi administrative dan menempatkan sanksi pidana sebagai pilihan terakhir dalam pemberian sanksi terhadap pelaku tindak pidana insider trading. Tindak pidana insider trading dalam hukum Islam dilarang karena terdapat unsur mencurangi para pemodal lain.
This study aims to examine the legal process of narcotics abuse in Indonesia. The impact of excessive use of narcotics results in central nervous, psychological/psychic damage, and the most fatal is ...death. The problem in this study examines the development of the narcotics abuse trial process in Indonesia so that it can suppress many cases of narcotics abuse. Cases of drug abuse are often found with sentences below the minimum limit. This study uses normative legal research methods with several approaches, namely the statutory approach and the conceptual approach. Based on the results of these data, this study shows that judges are contrary to the Narcotics Law with an objective minimum standard for violations that endanger society and the state. The judge who examines and adjudicates the case has misapplied the law because he has imposed a sentence with the threat of certain minimum sanctions as stipulated in the laws and regulations. This creates uncertainty in law enforcement which is regulated in the law as it should.How to cite item: Situmorang, Jenifer Maiyola, and Hatarto Pakpahan. “Imposition of Criminal Sanctions for Narcotics Abuse Below the Minimum Limit.” Jurnal Cakrawala Hukum. 14 no. 1 (2023): 21-27. DOI: 10.26905/idjch.v14i1.10048.
Drawing on a 15-month ethnographic study of a drug court, we investigate how actors from different institutional and professional backgrounds employ logical frameworks in their micro-level ...interactions and thus how logics affect day-to-day organizational activity. While institutional theory presumes that professionals closely adhere to the logics of their professional groups, we find that actors exercise a great deal of agency in their everyday use of logics, both in terms of which logics they adopt and for what purpose. Available logics closely resemble tools that can be creatively employed by actors to achieve individual and organizational goals. A close analysis of court negotiations allowed us to identify the logics that are available to these actors, show how they are employed, and demonstrate how their use affects the severity of the court's decisions. We examine the ways in which professionals with four distinct logical orientations—the logics of criminal punishment, rehabilitation, community accountability, and efficiency—use logics to negotiate decisions in a drug court. We provide evidence of the discretionary use of these logics, specifying the procedural, definitional, and dispositional constraints that limit actors' discretion and propose an explanation for why professionals stray from their "home" logics and "hijack" the logics of other court actors. Examining these micro-level processes improves our understanding of how local actors use logics to manage institutional complexity, reach consensus, and get the work of the court done.
The norm of sanctions in Mining Law 2020 through irrational legislative policies can trigger criminal disparities and become a criminogenic factor. Reformulation efforts are needed in formulating ...sanctions regarding reclamation. This research aims to realign the purpose of criminalizing the post-mining reclamation obligation in the community mining category. The discussion is focused on the provisions reformulation for the community mining category's reclamation obligation. The problem will be researched using normative legal research methods. According to this research, the reclamation obligation sanction is an omission offense. The reclamation omission offense is both a passive law and a formal offense. Reformulation is based on the basic idea of balancing the double-track system of criminal sanctions. Criminal sanctions become the last instrument if the sanctions are ignored. Action sanctions prioritize restoring post-mining environmental conditions. The criminal sanctions threat and fines in the community mining category must be lighter.
The Republic of Poland is one of the European Union countries that have not yet implemented Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection ...of persons reporting breaches of EU law (Journal of Laws EC L 305/17 of November 26, 2019). Even though signalling illegal acts is a more and more common occurrence and the social perception of such behaviours is also changing, the “whistleblowers” are not under any legal protection in Poland. In the Sejm of the 9th Term of office, legislative work is underway to pass the act on the protection of persons reporting violations of the law. This will be a legal act containing comprehensive legal protection of whistleblowers. In hereby publication the author focuses on presenting the role of whistleblowers in preventing law violations by employers in the current legal state. In the next part, the above-mentioned draft act is analyzed in terms of provisions ensuring the protection of persons who disclose irregularities. Numerous tragic incidents which could have been avoided if people that were aware of irregularities could safely reveal the information are evidence of how needed an act on whistleblower protection is. The author cites examples of the sinking of the MF Herald of Free Enterprise ferry and the Deepwater Horizon platform as well as the methane explosion in the Halemba mine in Ruda Śląska.
The post-Lisbon punitive sanctioning law of the EU is divided between criminal and non-criminal sanctions. The legislator has preferred non-criminal sanctions for reasons of ultima ratio but more ...recently also for reasons of efficiency. In the search for efficiency, the regulation on such sanctions has become increasingly precise, and the legislator has started to refer to the administrative nature of such sanctions. This can limit the discretion of the Member States in finding the most suitable way to transpose such sanctions, and it could amount to a prohibition on resorting to criminal law (a negative harmonisation of criminal law). When EU law prescribes specific requirements on administrative sanctioning systems, fundamental aspects of national sanctioning systems might be affected, and this can also bring about a lower protection for procedural guarantees. This article explores the interplay between EU criminal law and administrative sanctions to ascertain whether there is a coherent understanding of what the term administrative refers to in EU law. Based on this evaluation, this article analyses whether the EU legislation allows for conclusions to be made on the minimum requirements of transposing sanctions that are labelled as administrative into national law (the constituent elements) and whether this labelling interferes with the use of criminal law.
PDF
