scholarly journals PERKEMBANGAN ILMU HUKUM PIDANA KORPORASI DIHUBUNGKAN DENGAN PENDIDIKAN HUKUM BERKELANJUTAN BAGI ADVOKAT

2017 ◽  
Vol 3 (2) ◽  
pp. 468-493
Author(s):  
Timbo mangaranap Sirait
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Legal Education ◽  
The State ◽  
The Public

The growing sociological development of corporations that engage in criminal acts has led to various jurisdictions of the State designing policies on how to prevent and repress crime and protect the public. The implication of corporation criminal law is growing. This research conducted with normative juridical method, and concluded that The Advocate profession organizations needs to conduct continuous legal education on (candidate) advocate in cooperation with faculty of law, so that advocate as profession “Officium Nobile” can always awake his dignity because it can play a high role in law enforcement and justice in the latest.

scholarly journals El orden público bajo la amenaza de la criminalidad organizada

2013 ◽  
Author(s):  
Julián López Muñoz
Keyword(s):  
United Nations ◽  
Criminal Law ◽  
Organized Crime ◽  
Criminal Organization ◽  
The State ◽  
Public Order ◽  
The Public ◽  
The United Nations ◽  
Derecho Penal ◽  
Legal Right

Existe la necesidad de crear un concepto o definir, en términos jurídicos, el significado de crimen organizado, en sentido global. A pesar de que Naciones Unidas lo ha intentado, no todos sus países miembros han seguido el mandato. España ha incluido en su Derecho Penal un nuevo tipo delictivo: la organización y el grupo criminal. El orden público, como bien jurídico superior, se verá con esta medida protegido y también el Estado se verá defendido de la acción desestabilizadora procedente de la «gran criminalidad».There is a need to create a concept or define globally, in legal terms, the meaning of the organized crime. Despite the United Nations have attempted it, not all the Member Countries have followed their mandate. Spain has included in its Criminal Law a new category of offence: the criminal organization and group. The public order, as a superior legal right, will be protected by this measure and also, the State will be defended against the destabilizing action from the «great criminality».

HISTORICAL AND LEGAL ASPECTS OF THE DEVELOPMENT OF PROSECUTION BODIES

2019 ◽  
Vol 19 (3) ◽  
pp. 198-203
Author(s):  
Adilet Merkanov ◽  
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Legal Aspects ◽  
The State ◽  
Successful Implementation ◽  
Kyrgyz Republic ◽  
The Public ◽  
Political Transformations ◽  
Democratic Rule

Nowadays in Kyrgyz Republic take a place huge reforms of prosecutors. The implementation of national projects requires a new quality of prosecutorial oversight so that the human rights and law enforcement potential of the prosecutor’s office really contributes to the development of a democratic rule of law. The prosecutor's office as one of the state legal institutions plays an extremely important role in the public and state life of the Kyrgyz Republic. As you know, the successful implementation of socio-economic and socio-political transformations in the state largely depends on existing laws, the observance of which the prosecutor's office is called upon to monitor.

The Mechanism for Imposing Punishment as a Tool for Implementing the Principle of Justice

2020 ◽  
pp. 32-37
Author(s):  
Vadim D. Filimonov ◽  
Keyword(s):  
Public Relations ◽  
Personality Traits ◽  
Antisocial Behavior ◽  
Criminal Law ◽  
Criminal Behavior ◽  
The State ◽  
Social Phenomenon ◽  
The Public ◽  
The Social ◽  
Principle Of Justice

The article examines justice as a principle of law and as criminal principle of justice as a principle of compensated justice. The measure of justice in punishment is mainly the correspondence of the punishment to the public danger of the committed crime, i.e. a certain equality of harm caused by criminals to other persons, society or the state, and the severity of the punishment imposed on them. The author argues that a court that follows the principle of justice in imposing punishments has to establish two types of genetic correspondence. The first type is the correspondence of the criminal behavior, circumstances of the crime and the culprit’s personality to the public danger of the criminal’s personality as a criminological basis for imposing punishment. This correspondence employs the genesis of criminal behavior to substantiate the imposed punishment. The rejection of this correspondence could lead to a misconception about the nature and degree of social danger of the perpetrator’s personality as well as an unreasonable type and amount of punishment for the committed crime. The second type consists in the compliance of the type and amount of punishment with the grounds for its imposition ˗the social need to oppose antisocial behavior and personality traits of the guilty person with such a punishment that meets the interests of law-abiding citizens, society, and the state, that is, a social phenomenon that embodies the genesis of criminal law regulation of public relations. The author claims that that it is necessary to identify not only the above-mentioned types of genetic and other correspondences in the mechanism of imposing a punishment, but also take into account the correspondence in terms of proportionality, especially when it comes to the compliance of the punishment with the gravity of the crime committed. Having analyzed all types of correspondences in the mechanism of punishment imposition, the author concludes that since the indicated types of orrespondences in the system of punishment imposition determine the activity of the court, insofar they act as its regulators. The ability to regulate the activities of the court turns their entire set into an instrument for introducing the principle of justice into punishment. Therefore, the mechanism for imposing punishment manifests itself in the process of regulating criminal law relations as a legal instrument for implementing the principle of justice in punishment.

7 The Supreme Court and Northern Ireland

2019 ◽  
Author(s):  
Dickson Brice
Keyword(s):  
Law Enforcement ◽  
Northern Ireland ◽  
Supreme Court ◽  
Criminal Law ◽  
The State ◽  
Good Friday ◽  
The Supreme Court ◽  
Good Friday Agreement

This chapter begins by considering the arms trial in the early 1970s and outlines the gist of the Sunningdale Agreement in 1973 before considering the challenge to that Agreement dealt with by the Supreme Court in the Boland case. There follows an examination of the Court’s views on the constitutional status of Northern Ireland in McGimpsey v Ireland, decided in the wake of the Anglo-Irish Agreement of 1985, and on the constitutionality of the Belfast (Good Friday) Agreement in the Riordan case. There is an analysis of Law Enforcement Commission’s report and of the Court’s views on resulting Criminal Law (Jurisdiction) Bill 1975. The focus next moves to the shifting views of the Supreme Court on when it is appropriate to extradite suspected terrorists to Northern Ireland. Cases concerning Dominic McGlinchey, Séamus Shannon, Robert Russell, Dermot Finucane and Owen Carron are examined, as is the state of extradition law today.

scholarly journals The Civic Duty to Report Crime and Corruption

2014 ◽  
Vol 9 (1) ◽  
pp. 50-64 ◽  
Author(s):  
Candice Delmas
Keyword(s):  
Law Enforcement ◽  
Political Stability ◽  
The State ◽  
Moral Duty ◽  
Civic Duty ◽  
The Public ◽  
Corrupt Activity ◽  
The Will ◽  
The Government ◽  
General Scope

Is the civic duty to report crime and corruption a genuine moral duty? After clarifying the nature of the duty, I consider a couple of negative answers to the question, and turn to an attractive and commonly held view, according to which this civic duty is a genuine moral duty. On this view, crime and corruption threaten political stability, and citizens have a moral duty to report crime and corruption to the government in order to help the government’s law enforcement efforts. The resulting duty is triply general in that it applies to everyone, everywhere, and covers all criminal and corrupt activity. In this paper, I challenge the general scope of this argument. I argue that that the civic duty to report crime and corruption to the authorities is much narrower than the government claims and people might think, for it only arises when the state (i) condemns genuine wrongdoing and serious ethical offenses as “crime” and “corruption,” and (ii) constitutes a dependable “disclosure recipient,” showing the will and power to hold wrongdoers accountable. I further defend a robust duty to directly report to the public—one that is weightier and wider than people usually assume. When condition (ii) fails to obtain, I submit, citizens are released of the duty to report crime and corruption to the authorities, but are bound to report to the public, even when the denunciation targets the government and is risky or illegal.

scholarly journals The Criminal Enforcement Of The Fraud Mode Of Multiple Money (Case study Decision No.61 / Pid.B / 2019 / PN.Blora)

2020 ◽  
Vol 3 (1) ◽  
pp. 237
Author(s):  
Sumaryono Sumaryono ◽  
Sri Kusriyah Kusriyah
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Research Method ◽  
Field Research ◽  
Secondary Data ◽  
Criminal Code ◽  
Primary Data ◽  
Public Prosecutor ◽  
The Public

Fraudulent criminal acts that have been regulated in the Criminal Code (KUHP) with various modes, one of which is fraud by shamans with a multiplied money mode has made law enforcers increasingly have to rack their brains to be able to prove it. This study aims to examine and analyze law enforcement by the judge in decision No.61 / Pid.B / 2019 / PN.Blora with consideration of the criminal elements. The research method used is a sociological juridical approach. The specifications of the study were conducted using descriptive analytical methods. The data used for this study are primary and secondary data. The data consists of primary data and secondary data using field research methods, interviews, and literature studies. Based on the research it was concluded that the case ruling number 61 / Pid.B / 2019 / PN Bla with a fraud case with shamanism practices in the mode of duplicating the judge's money considering that the Defendants have been indicted by the Public Prosecutor with alternative indictments, so the Panel of Judges paid attention to the facts The aforementioned law decides on the first alternative indictment as regulated in Article 378 of the Criminal Code Jo Article 55 paragraph (1) of the 1st Criminal Code by considering the elements of that article.Keywords: Criminal Law Enforcement; Fraud; Multiple Money.

scholarly journals Alternatif Untuk Meminimalisasi terhadap Pelanggaran HAM dalam Penegakan Hukum Pidana

Wajah Hukum ◽  
2020 ◽  
Vol 4 (1) ◽  
pp. 116
Author(s):  
Ryan Aditama
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Social Status ◽  
Social Inequality ◽  
Criminal Law ◽  
The State ◽  
Human Rights Violations ◽  
Cultural Understanding ◽  
State Apparatus ◽  
History Of

Related to the general provisions of Law No. 39 of 1999 concerning Human Rights, which states that the beginnings of the history of the Indonesian nation to date have recorded various problems including: suffering, misery and social inequality, resulting from unjust and discriminatory acts and actions on ethnic, racial, cultural understanding, language, color, skin, and religion, as well as class, gender, and even social status and others. These unjust and discriminatory acts are included in violations of human rights, both vertically "carried out by the state apparatus itself to citizens or even vice versa" or those that are horizontal "ie between citizens themselves" and do not allow those included in the category for gross violations of the conception of human rights (grossviolation of human rights). This alternative to minimize human rights violations in criminal law enforcement is an effective way to reduce the number of human rights violations in Indonesia.

scholarly journals MEDIATION EXISTENCE CRIMINAL PENAL SETTLEMENT

2018 ◽  
Vol 2 (1) ◽  
pp. 38
Author(s):  
Erma Rusdiana
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Legal System ◽  
Low Cost ◽  
Equal Treatment ◽  
Judicial Process ◽  
The Public ◽  
The People ◽  
Religious Law ◽  
The One

Indonesian Constitution states that all people of Indonesia are entitled to equal treatment before the law as stated in Article 28 D, paragraph 1 of the 1945 Constitution, but they are not always easily access it. The principle of justice is simple, fast and low cost can’t be reached by most people. Currently, there is also a change and dynamics of complex societies and regulations in some legislation. It also has implications on the public nature of the criminal law has shifted its relative entered the private sphere with known and practiced penal<em> </em>mediation.<strong> </strong>Issues raised in this paper is the concept of criminal law enforcement based on the existence of pluralistic and penal mediation as an alternative solution-in the practice of the criminal settlement. Of the studies that have been done that the concept of legal pluralism is no longer emphasizes the dichotomy between the legal system of the state on the one hand with the legal system of the people folk law and religious law on the other side. That law enforcement-based pluralistic more emphasis on interaction and co-existence of the workings of the various legal systems that affect the operation of norms, processes and institutions in masyarakat.Polarisasi law and penal mediation mechanisms can do, as long as it is earnestly desired by all parties ( suspects and victims), as well as to reach a wider interest, namely the maintenance of social harmony. In summary penal mediation would have positive implications philosophically that achieved justice done fast, simple and inexpensive because the parties involved are relatively small compared through the judicial process with the components of the Criminal Justice System

scholarly journals PUBLIC GOODS AND CRIMINALISATION

2017 ◽  
Vol 29 (1) ◽  
pp. 68-105
Author(s):  
James Slater
Keyword(s):  
Public Goods ◽  
Criminal Law ◽  
Legal Regulation ◽  
The State ◽  
Criminal Behaviour ◽  
The Public ◽  
Theoretical Account

Theories of criminalisation seek to identify the criteria by which behaviour is legitimately criminalised. This article believes that their success in so doing is best assessed if they examine the question of criminalisation in light of four desirable features for any such theory. These desirable features, which this article will term desiderata for short, are as follows:Desideratum 1: a theory of criminalisation should offer an evaluative framework that justifies the form of legal regulation known as the criminal law.Desideratum 2: a theory of criminalisation’s evaluative framework under Desideratum 1 should allow for a coherent and defensible account of the criminal law as morally censorious, thereby articulating something distinctive about the criminal law as a form of legal regulation.Desideratum 3: a theory of criminalisation should display a coherent understanding of how its evaluative framework under Desideratum 1 integrates with a theoretical account of the purpose, and legitimacy, of the state. Desideratum 4: a theory of criminalisation’s evaluative framework under Desideratum 1 should distil criminal from non-criminal behaviour in principled and defensible way. Given that the defence of each desideratum would arguably generate an article apiece, the aims of this article are consequently more modest. It is aimed at those who already accept one or more of them. It will demonstrate the success, in satisfying the desiderata, of a theory of criminalisation embedded in the notion of public goods. It shall call this theory the public goods account (the ‘PGA’). The PGA is not an entirely new theory, as elements of it can be found in the writings of a number of theorists.However, by expanding on, exploring and assessing these elements in light of the desiderata, this article offers further support to a theory of criminal law embedded in the notion of public goods. In order to understand the PGA, it is necessary to begin this article with a section outlining the nature of public goods. Subsequent sections will then address how the PGA satisfies each desideratum, in the order they are set out above.  

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