Draft Law on the Criminal Code (RUU KUHP) still gives place to the death penalty as a type of crime. This policy is in the line of the establishment of the Constitutional Court which considers the ...death penalty to be constitutional. Even though there has been a decision on the constitutionality of the death penalty, the polemic about its existence still continues. So that we do not sway with various opinions, it is necessary that the death penalty policy is viewed from the perspective of Pancasila, because Pancasila is a legal ideal and at the same time as a Fundamental Norm of the Unitary State of the Republic of Indonesia. This study aims to answer whether the death penalty moderation policy in the Criminal Code Bill is justified from the perspective of Pancasila or not. This research is a doctrinal legal research with a statutory approach, a conceptual approach and a philosophical approach. The results showed that the death penalty policy in the Draft Criminal Code does not conflict with Pancasila.
Of the various articles that have undergone changes and additions in the new Criminal Code, one of them is interesting, namely Article 54 related to forgiveness by judges. However, whether the ...concept of forgiveness decision by the judge in the new Criminal Code has a position as a decision in the Criminal Procedure Code or the Criminal Procedure Bill. This research uses a normative juridical research method, which examines the problem by referring to positive law. The results of this study indicate the need for additional types of forgiveness decisions in the Criminal Procedure Bill as a form of criminal law reform because the provisions related to the types of decisions in the Criminal Procedure Code and the Criminal Procedure Bill are currently unable to accommodate forgiving decisions by judges. By examining in more depth the concept of forgiveness by the judge, it will appear that neither the Criminal Procedure Code nor the Criminal Procedure Bill contains the type of forgiveness decision.
The formulation of the idea of forgiving judges (rechterlijk pardon) in the Draft Criminal Code is motivated by the rigidity and inhumanity of the current Criminal Code. Which resulted in small ...cases that were decided criminal, because the current Criminal Code does not accommodate the authority of judges to forgive cases that are considered unfit to be sentenced. This modification of the rechterlijk pardon concept is expected to reflect a sense of justice, benefit within the framework of Pancasila as a source of law for the Indonesian nation. In contrast to the concept of rechterlijk pardon in Article 70 of Law no. 11 of 2012 concerning the Juvenile Criminal Justice System, which has previously applied the concept, to minimize the imposition of crimes against children which should not be based on appropriate retaliation for the crimes committed, because it will be fatal to the physical and physical development of children. To answer the existing problems the author uses a qualitative approach with normative juridical research on the statute approach, conceptual approach and comparative approach. The use of this normative qualitative analysis method is closely related to the problems discussed in comparative approach and conceptual approach, so that it takes the form of descriptive-analytical. The results of this research comparison show that the forgiveness of judges in the Criminal Code Bill needs to categorize the types of minor/moderate/serious crimes and what crimes are forgiven categorized based on the material law itself must also adjust to the implementing rules.
The article is the result of the research on the practice of applying a protective
measure in the form of placement in a forensic psychiatric facility
an insane perpetrator, before and after July ...1st, 2015. The purpose of the
research was to determine whether and how outpatient protective measures
influenced the practice of applying psychiatric detention in case of
insane persons, in particular, whether outpatient treatment is used instead
of placement in a psychiatric facility in the case of committing offences
with a lower degree of social harmfulness. The purpose of the research
on the procedural law was to determine whether the judicature of the
Supreme Court emphasizing the procedural standard in cases concerning
the discontinuation of proceedings against an insane perpetrator affected
the observance of procedural guarantees of insane perpetrators in criminal
proceedings. The conclusions of the research are based on the statistical
data of the Ministry of Justice, the General Prosecutor’s Office and the
file research. The conclusions of the research are as follows: there was no significant change concerning the practice of imposing placement in
a psychiatric facility on insane perpetrators after July 1st, 2015. The types
of prohibited acts the commission of which justify placing the perpetrator
in a psychiatric facility have not changed significantly. On the other
hand, the procedural guarantees of the insane perpetrator are respected
to a slightly higher degree at present. Therefore, it should be considered
whether the conditions for the application of placement in a psychiatric
facility should not be restricted only to a situation where the perpetrator
poses a threat to selected, most important legal goods.
Background: The contribution is focused on current challenges in the criminal protection of children field by means of criminal law in the Slovak Republic and the European Union. The authors define ...the term, “child,” in the applicable law. They examine in detail the legal regulation of the child’s position as a victim, especially as a particularly vulnerable victim in criminal law. Attention is given to the victimisation process in relation to the specifics of the child. The legal regulation of criminal law in the Slovak Republic, as well as within the European Union, reflects the need for a special approach to the protection of children and youth, and adequate legal instruments are gradually being created and introduced.
Methods: Legal comparison, content and functional analysis of legal acts, analysis of court decisions, historical analysis, and comparisons were used to process research data.
Results and Conclusions: The current criminal law regulation of the status and protection of children and youth in the Slovak Raepublic requires regulation to effectively respond to new threats and risks, primarily associated with the increase of criminal activity against children in the virtual world. New forms of criminal activity by using computer technology and social networks are constantly increasing. Prevention and education are irreplaceable aspects of the protection of children and youth from crime. It is more effective to have a good prevention system than to deal with the consequences. Based on our research, we recommend introducing a subject focused on the prevention and intervention of crimes of a sexual nature into the education of school-age children. At the same time, we recommend continual building of specialized workplaces within law enforcement bodies in the Slovak Republic.
Although there are still different views on the criminal liability of legal entity, particularly related to the fact if these socio-real creatures have or have no criminal liability for criminal ...offenses committed within society, the positive law of the Republic of Kosovo does recognize the criminal liability of such persons. In this regard, by noting the importance of Legal entity within our society, their activity, their impact on various social developments, and taking into account also the possibility of non-compliance with positive-legal norms by the respective entities we will gradually tackle the general aspects of the legal framework which is dedicated specifically to the criminal liability of legal entity. Thus, the research will be focused on presenting general data related to: fundamental notions related to the legal entity along with its criminal liability, the historical aspect of dealing with relevant entities in terms of recognizing their subjectivity, while the main focus will be the treatment of criminal liability and criminal sanctions which pursuant to the legal framework of the Republic of Kosovo could be imposed in conjunction with the relevant entities. In addition, apart from treatment of criminal liability of legal entity in accordance with the current legal framework of the Republic of Kosovo, we will also try to address the respective matter in the comparative dimension, with special emphasis on the criminal legislation of the Republic of Albania. Therefore, we will gradually gather the data on how the criminal liability of legal entity is regulated according to the criminal legislation of the neighboring countries, more specifically we will focus our study on the criminal legislation of Albania. The treatment of the chosen topic for study will be based on the application of: historical-legal method, analytical method and comparative method.
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