Criminal Law. Power of President to Commute Death Sentence without Consent of Defendant

1927 ◽  
Vol 27 (7) ◽  
pp. 877
Keyword(s):  
Criminal Law ◽  
Death Sentence

scholarly journals PERTANGGUNGJAWABAN PIDANA DAN HUKUM ISLAM BAGI SIPIR YANG MENGEDARKAN NARKOTIKA DI LINGKUNGAN LEMBAGA PEMASYARAKATAN MENURUT PERATURAN MENTERI HUKUM DAN HAK ASASI MANUSIA NOMOR M. HH.16. KP. 05. 02 TAHUN 2011 TENTANG KODE ETIK PEGAWAI PEMASYARAKATAN

2020 ◽  
Vol 10 (1) ◽  
Author(s):  
Safriadi Safriadi ◽  
Ridwan Nurdin
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
Islamic Law ◽  
Code Of Ethics ◽  
Criminal Liability ◽  
Research Question ◽  
Legal Responsibility ◽  
Death Sentence ◽  
Correctional Institution ◽  
Correctional Institutions

Abstract; trafficking of narcotics in Indonesia has penetrated into various living environments such as the work environment. One of them is a Penitentiary. For example, Warden in Jambi Class II A Penitentiary and in Sekayu Penitentiary as well as in several other Correctional Institutions have circulated and smuggled narcotics into Correctional Institutions which causes regulations of the Minister of Law and Human Rights Number M. HH.16. KP. 05. 02 of 2011 Regarding Penitentiary Employee Code of Ethics is not implemented to the maximum. The research question in this thesis is what is the legal responsibility for the warden who conducts narcotics distribution, what are the factors causing narcotics circulation by the warden and how is the view of Islamic criminal law towards the warden who circulates narcotics in prison. In this study the authors used a normative juridical research method that is based on legislation and relevant books. Form of legal liability for Warden who circulates narcotics in LP according to public view as a full responsibility including medeplager (participating) category, according to Law Number 35 of 2009 concerning Narcotics forms of responsibility in the form of criminal threats (death sentence, life sentence, imprisonment) and fines. According to the Regulation of the Minister of Law and Human Rights Number M. HH.16. KP. 05. 02 of 2011 concerning the Penitentiary Employee Code of Ethics is subject to administrative sanctions (terminated) if there is a decision of gingkah. Factors causing the Warden to circulate narcotics in Corrections Institutions are economic factors, the low mentality of the Warden involved, oversight in prison is weak, the number of narcotics addicts who are only in prison without rehabilitation. According to the Islamic Criminal Law the Warden who circulates narcotics in a Penal Institution is liable to a sanction in the form of rahmah ta'īr (bodily punishment, independence, and a fine).Keywords: criminal liability, Islamic law, narcotics, warden, correctional institution

scholarly journals FOREIGN CONVICTS EXECUTION: CRIMINAL JURISDICTION BENEATH INTERNATIONAL TENSION

2017 ◽  
Vol 96 ◽  
Author(s):  
Tajudin . ◽  
Solihin Niar Ramadhan
Keyword(s):  
Human Rights ◽  
Death Penalty ◽  
Criminal Law ◽  
Capital Punishment ◽  
Death Sentence ◽  
Foreign Nationals ◽  
Law System ◽  
Head Of State ◽  
National Jurisdiction ◽  
The Postponement

The existence ofthe death penalty remains a controversial issue in several countries around the world. Although many countries have abolished the death penalty in its criminal law system, Indonesia still retainsthe capital punishment within its criminal law policy.In Practice, theexecutionhasbeen implemented long agodespite the fact that it leaves a lot of problems. There are many reactions from other countries when prosecutors process to execute foreign nationals. On fact, many head of state request to president of Republic of Indonesia to change the punishment or give forgiveness.This journal will discuss the main problemsencountered in the implementation of the death penalty in Indonesia. The problems are: Firstly,the imposition of the death penalty for foreign nationals in order to implement the national jurisdiction underinternational community’s pressure. Secondly,the postponement of death sentence associated with the theory of retribution and human rights.<br />Keyword: The death penalty, retribution theory, human rights.

scholarly journals The Reconstruction of The Corruption Eradication System in The Perspective of The Criminal Law in Indonesia

2020 ◽  
Vol 2 (2) ◽  
pp. 29
Author(s):  
Tinuk Dwi Cahyani ◽  
Nu'man Aunuh
Keyword(s):  
Death Penalty ◽  
Criminal Law ◽  
Death Sentence ◽  
Positive Law ◽  
Life Sentence ◽  
Maximum Period ◽  
The World ◽  
Long Time ◽  
One Year ◽  
Crime Of Corruption

Corruption is a crime, just like all other crimes which has existed since a long time ago. The problem is that corruption is like a virus in the society which may spread very quickly. It is difficult to eradicate. The efforts to eradicate corruption has been carried out, but the reality shows that it keeps on increasing along with the increasing welfare, technologies, and development. On 2018, Indonesia stood in the 89th place of the world corruption rank. Thus, there needs to be a reconstruction to the forms of the main and the additional punishments in Indonesia’s positive law, so that it is clear that corruption is a terrible crime which must be fought using extraordinary methods. In Indonesia’s constitution of Corruption Eradication Article 2 clause 2 of the constitution No. 31 of 1999 it states that, “In the case of the crime of corruption as meant in clause (1), when carried out under certain conditions, death penalty may be imposed.” From the explanation of that article, and also from the Constitution No. 31 of 1999 it can be concluded that the forms of existing main punishments are: Imprisonment for some time or life sentence, death sentence, or fine. Meanwhile, the forms of additional punishments are: The revocation of certain rights, the deprivation of certain items, the announcement of the judge’s verdict, the deprivation of tangible movable properties (unmovable and intangible) which are used or are obtained from corruption, the payment of replacement money according to the amount obtained from corruption, the closing of some businesses for the maximum period of one year, and the revocation of all or some rights (the elimination of some privileges. Keywords: reconstruction; corruption; criminal law

scholarly journals Hukuman Bagi Pelaku Tindak Pidana Pencurian Dengan Kekerasan

2015 ◽  
Vol 1 (2) ◽  
pp. 252-269
Author(s):  
Ahmad Syarif Abdillah
Keyword(s):  
Criminal Law ◽  
Criminal Code ◽  
District Court ◽  
Death Sentence ◽  
Legal Punishment ◽  
The Republic

Abstract: This paper provides an overview of Islamic criminal law against the decision of the District Court of Sidoarjo No: 832/Pid.B/2012/PN.Sda on crime of theft with violence. The research found that the consideration of judge which sentenced by the District Court of Sidoarjo to the defendant has been based on of the elements contained in the Criminal Code in the Republic of Indonesia. The perpetrator of crime of theft with violence was sentenced for 2 (two) years. The decition of the District Court of Sidoarjo No: 832/Pid.B/2012/PN.Sda is on crime of theft with violence. According to Islamic criminal law it can be categorized as jarîmah hirâbah, so defendant is convicted with legal punishment (ta’zîr) and submitted to ulil amri (judge). Kinds of legal penalty can be a death sentence, imprisonment, exclusion, crucifixion, flagellation, and threat. In Indonesia, theft with violence is banned because it disturbs and causes fear of the public.Keywords: Penalty, criminal act, theft, violence. Abstrak: Tulisan ini membahas tentang tinjauan hukum pidana Islam terhadap putusan Pengadilan Negeri Sidoarjo No: 832/PID.B/2012/PN.Sda tentang kasus tindak pidana pencurian dengan kekerasan. Hukuman yang diberikan hakim Pengadilan Negeri Sidoarjo kepada terdakwa berdasarkan pertimbangan unsur-unsur yang ada pada Kitab Undang-Undang Hukum Pidana di Republik Indonesia. Pertanggungjawaban pidana bagi pelaku tindak pidana pencurian dengan kekerasan yang dijatuhi hukuman yang dijatuhkan pada diri para terdakwa adalah hukuman pidana penjara selama 2 tahun. Putusan Pengadilan Negeri Sidoarjo No:832/PID.B/2012/PN.Sda tentang tindak pidana pencurian dengan kekerasan. Menurut hukum pidana Islam dapat dikategorikan dalam jarîmah hirâbah, sehingga terdakwa dihukum ta’zîr, di mana hukuman tersebut diserahkan kepada ulil amri (hakim). Macam hukuman ta’zir dapat berupa hukuman mati, penjara, pengucilan, penyalipan, dera, dan ancaman. Pencurian dengan kekerasan tidak diperbolehkan di Indonesia karena meresahkan masyarakat dan menimbulkan ketakutan serta ketidakyamanan.Kata Kunci: Hukuman, tindak pidana, pencurian, kekerasan.

Managing the Gallows: The Bank of England and the Death Penalty, 1797–1821

2007 ◽  
Vol 25 (2) ◽  
pp. 241-282 ◽  
Author(s):  
Randall McGowen
Keyword(s):  
Eighteenth Century ◽  
Death Penalty ◽  
Criminal Law ◽  
Death Sentence ◽  
Ruling Class ◽  
Bank Of England ◽  
English Society

Over thirty years ago Douglas Hay began his influential essay, “Property, Authority and the Criminal Law,” with the unsettling claim that “the rulers of eighteenth-century England cherished the death sentence.” He went on to offer a major reinterpretation of eighteenth-century justice, one with wide-ranging implications for how we understand English society in that period. The gallows, Hay argues, was meant to inspire terror. The passage of a large number of capital statutes spoke of the resolve of the ruling class to defend its property with the most extreme of measures. Yet the ultimate sanction was used sparingly. Hay's most important insight was to note the role of discretion in the operation of eighteenth-century justice. The choice not to impose death was as important as the occasions when offenders died. The elite deftly exploited these opportunities. The mercy dispensed by the Crown not only presented a more benign image of authority, it also taught the lessons of patronage and deference that instructed the lower orders in the proper attitude to take toward their social superiors. Thus justice worked more powerfully than religion to create legitimacy for the existing order.

scholarly journals Sprawa Trynkiewicza a ustawa o nadzorze nad groźnymi przestępcami — na marginesie rozważań o karze śmierci

2016 ◽  
Vol 19 ◽  
pp. 53-67
Author(s):  
Magdalena Debita
Keyword(s):  
Criminal Law ◽  
Capital Punishment ◽  
Statistical Data ◽  
Criminal Code ◽  
Death Sentence ◽  
Dangerous Offenders ◽  
Penal Codes ◽  
The Subject

The Trynkiewicz case and legislation on the supervision of dangerous offenders in connection with considerations on capital punishmentThe overall objective of this article is to present issues related to capital punishment. The paper presents selected international legal instruments on this issue. Thearticle focuses on historic Polish legislation concerning jurisdiction and the use of capital punishment. The subject of capital punishment in criminal law has long been acontentious issue. Capital punishment, its effectiveness, its reliability vis-à-vis rehabilitation and its substitution by another penalty, is analysed herein. In Poland, capital punishment has not been applied since 1988. The last death sentence was carried out in 1979, capital punishment having been removed by the legislature from the Criminal Code in 1997. When considering this issue, it is worthwhile to refer to some statistical data: 1 96 countries have abolished capital punishment in respect of all crimes; 2 9 countries have abolished capital punishment for all crimes, with the exception of offences committed in time of war; 3 34 countries have expunged capital punishment from their penal codes or have ceased to apply it, in practice, within the last decade; 4 139 states have either not included capital punishment in their regulations or have not used capital punishment; 5 58 countries still maintain capital punishment in their legislation; 6  in China, capital punishment may be imposed for 55 types of crime; 7 in 2010, at least 17,833 people were living under sentence of death.

scholarly journals FOREIGN CONVICTS EXECUTION: CRIMINAL JURISDICTION BENEATH INTERNATIONAL TENSION

2017 ◽  
Vol 5 (3) ◽  
Author(s):  
Tajudin ◽  
Solihin Niar Ramadhan
Keyword(s):  
Human Rights ◽  
Death Penalty ◽  
Criminal Law ◽  
Capital Punishment ◽  
Death Sentence ◽  
Foreign Nationals ◽  
Law System ◽  
Head Of State ◽  
National Jurisdiction ◽  
The Postponement

<p align="center"><strong><em>Abstract</em></strong></p><p><em>The existence of</em><em>the </em><em>death penalty remains a controversial issue in several countries around the world. Although many countries have abolished </em><em>the </em><em>death penalty in its criminal law system, Indonesia still retain</em><em>sthe </em><em>capital punishment within its criminal law policy.</em><em>In Practice, t</em><em>heexecutionha</em><em>s</em><em>been </em><em>implemented</em><em> long ago</em><em>despite the fact that it leaves</em><em> a lot of problems.</em><em> There are many reactions from other countries when prosecutors process to execute foreign nationals. On fact, many head of state request to president of Republic of Indonesia to change the punishment or give forgiveness.</em><em>This journal will discuss the main problemsencountered in the implementation of the death penalty in Indonesia. </em><em>The p</em><em>roblems</em><em> are: Firstly,the </em><em>imposition of the death penalty for foreign nationals in order to implement the </em><em>national jurisdiction </em><em>underinternational community</em><em>’s pressure. Secondly,the postponement of </em><em>death sentence associated with the theory of retribution and human rights.</em><em></em></p><em>Keyword: The death penalty, retribution theory, human rights</em>

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