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Journal articles on the topic 'Criminal judge'
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1
Ramiyanto, Ramiyanto. "ULTRA PETITA DECISIONS IN THE CONTEXT OF CRIMINAL LAW ENFORCEMENT IN INDONESIA." Jurnal Hukum dan Peradilan 10, no. 1 (April 22, 2021): 173. http://dx.doi.org/10.25216/jhp.10.1.2021.173-196.
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The imposition of ultra petita decisions in the practice of criminal law enforcement in Indonesia continues to be going on today. This paper tries to examine the ultra petita decisions with the provisions in the Criminal Procedure Code, and the principle of freedom and the active role of judges. In answering the problem, the writer makes use of a type of normative legal research that’s done by researching positive law. The results of the discussion display that the Criminal Procedure Code doesn’t prohibit judges from imposing ultra petita decisions. In examining criminal cases, the judge can impose decisions that are outside of the requisition or exceed the requisition of the public prosecutor. The Criminal Procedure Code only stipulates that the basis for the judge in imposing a decision is the bill of indictment. Justification for the imposition of decisions is also based on the principle of judge freedomand judges are active. Under these two principles, judges are free to impose decisions without influence from other parties and actively searching for out facts that are revealed in court for the realization of material truth as the aims of criminal procedural law. The writer's recommendations are: 1) Criminal law enforcers (judges, public prosecutors, lawyers/ defendants) need to form a common awareness that ultra petita decisions are permitted; 2) The rule by which the judge gives the ultra petita decisions needs to be made immediately, each for the short and long term.
2
Kadiraliyev, Saddam, and Tashkent State University of Law Gulmurodov. "THE INVESTIGATIVE JUDGE IS A NEW INSTITUTE IN THE CRIMINAL PROCESS OF THE REPUBLIC OF UZBEKISTAN." CRIMINOLOGY AND CRIMINAL JUSTICE 3, no. 4 (December 21, 2023): 28–39. http://dx.doi.org/10.51788/tsul.ccj.3.4./xtcg9375.
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In this article, the legal status of the investigating judge, the history of the origin and stages of development of the investigating judge institution, and the importance and specific features of the investigating judge institution in the criminal process are explained. With the decision No. 300 of the President of the Republic of Uzbekistan, “On measures to implement the strategy of Uzbekistan – 2030 in 2023 in a high-quality and timely manner” until the end of 2024, rapid search and investigative actions It is established that the procedure for consideration of the issue of sanctions by individual judges—investigative judges—is established, and the powers of the investigating judge are widened based on the principle of not only sanctioning quick searches and investigative actions but also exercising judicial control at the stage of bringing the case to court in the criminal process. The issues of definition are touched upon in the framework. In particular, with the introduction of this institution, the issues of providing the opportunity to conduct the activities of the parties on the basis of equality and controversy in proceedings before the court, as well as the possibility of increasing the procedural status of the defense side by eliminating the dominant position of the prosecution side, were discussed. The opinions of legal scholars about the institution of investigating judge were analyzed. In this regard, the experience of the countries of Kazakhstan, Georgia, Moldova, Estonia, and the Institute of Investigative judge, introduced in the criminal proceedings of the Kyrgyz Republic since 2019, was studied as one of the main research objects. In the criminal procedural legislation of the Republic of Uzbekistan, relevant proposals were made regarding the determination of the legal status of the investigating judge, the principle of judicial control in criminal proceedings, and the formation of a corps of specialized investigative judges.
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Pratama, Vega Christian, and Louis Tappangan. "Urgensi Hakim Pemeriksaan Pendahuluan dalam Peradilan Pidana di Indonesia." Journal of Education, Humaniora and Social Sciences (JEHSS) 3, no. 2 (December 2, 2020): 703–11. http://dx.doi.org/10.34007/jehss.v3i2.398.
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This article aims to analyze the importance of the preliminary supervisory judges stipulated in the Draft Criminal Procedure Code to replace pretrial institutions regulated in the Criminal Procedure Code in the future. As for the preliminary Supervisory Judge, it was formed with the aim of improving pretrial institutions which are deemed not running properly at this time. The problem focuses on the legal consequences of the use of violence by the investigator against the suspect or witness and the importance of the Preliminary Examination Judge to be applied to criminal justice in Indonesia to address the problem of the use of force by investigators. In order to answer this problem, a theoretical reference is used that applies to the process of proof in criminal procedural law and uses a microeconomic analysis of criminal law to analyze how important the enforcement of the Preliminary Examination Judge in Indonesia is. The research method used in this article is the statue approach and conceptual approach. This study concludes that the enforcement of Preliminary Examination Judges needs to be reviewed again, because there are still many deficiencies contained in the Draft KUHAP which regulates Preliminary Examination Judges. Although on the one hand the Preliminary Examination Judge is very much needed to overcome the problem of violence by investigators in the investigation, on the other hand there are other things that need to be reviewed so that criminal justice in Indonesia can be better in the future.
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Alfret, Alfret, and Mardian Putra Frans. "Konsep Putusan Pemaaf Oleh Hakim (Rechterlijk Pardon) Sebagai Jenis Putusan Baru Dalam KUHAP." KRTHA BHAYANGKARA 17, no. 3 (December 14, 2023): 587–600. http://dx.doi.org/10.31599/krtha.v17i3.2968.
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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.
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Kuncoro Putro, Danu Anindhito, and Ira Alia Maerani. "Application of Criminal Sanction Policy Against Crime Perpetrators of Domestic Violence." Jurnal Daulat Hukum 1, no. 2 (June 6, 2018): 467. http://dx.doi.org/10.30659/jdh.v1i2.3316.
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The research titled: Application of Criminal Sanction Policy Against Crime Perpetrators of Domestic Violence, Problems of this research are: 1) How the policy formulation of the crime of domestic violence? 2) How can the application of criminal sanctions against perpetrators of criminal acts of violence in the home? 3) Constraints are faced judges in the application of criminal sanctions against perpetrators of the crime of domestic violence and efforts to overcome it? The method used in this research using normative research is descriptive qualitative analysis. This study is a literature. The results of the study using sociological juridical concluded that: 1) Policy formulatif against the crime of domestic violence set out in Chapter VIII of Act No. 23 of 2994 Article 44 of physical violence, Article 45 of the violence phisikis, Articles 46, 47, 48 on sexual violence and Article 49 of Neglection. 2). The application of criminal sanctions against perpetrators of criminal acts of domestic violence committed by the judge after going through the process of proving to the charges the prosecutor. Starting from proven facts deeds of witnesses, then the fact juridical considerations and ease further aggravating the new verdict. 3) Constraints faced by judges in the application of criminal sanctions against perpetrators of criminal acts of domestic violence are: a. ) The absence of witnesses cause hearing be postponed, so that the proceedings so that the proceedings be longer than scheduled. b.) The absence attorneys also cause hearing was postponed from the trial process has gone backwards longer than scheduled. c.) The absence of a post mortem result in the judge adjourned the hearing, to include post mortem beforehand. d.) The judge is hard to prove because there were no witnesses who saw directly, and also sometimes victims of domestic violence and perpetrators still love each other, so that judges convict when the weight will result in divorce. e) The absence attorneys also cause hearing was postponed from the trial process has gone backwards longer than scheduled. f.) The absence of a post mortem result in the judge adjourned the hearing, to include post mortem beforehand. g.) The judge is hard to prove because there were no witnesses who saw directly, and also sometimes victims of domestic violence and perpetrators still love each other, so that judges convict when the weight will result in divorce. The absence attorneys also cause hearing was postponed from the trial process has gone backwards longer than scheduled. h.) The absence of a post mortem result in the judge adjourned the hearing, to include post mortem beforehand. i.) The judge is hard to prove because there were no witnesses who saw directly, and also sometimes victims of domestic violence and perpetrators still love each other, so that judges convict when the weight will result in divorce.Keywords: Legal Policy; Crime; Domestic Violence.
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Rangga, Galih Setyo, and Sinda Eria Ayuni. "KEPASTIAN HUKUM PUTUSAN PEMIDANAAN YANG TIDAK BERDASARKAN SURAT DAKWAAN JAKSA PENUNTUT UMUM." Jurnal Magister Hukum Perspektif 13, no. 2 (October 31, 2022): 32–41. http://dx.doi.org/10.37303/magister.v13i2.68.
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In criminal law enforcement, there is a problem with the judge made law which is unfair and irresponsible in deciding a case, thereby reducing public trust in the judiciary. Criminal judges in Indonesia make many legal breakthroughs in passing a criminal case decision that does not refer to the provisions of the legislation, in other words the judge carries out his own interpretation of a criminal act that is appropriate for the defendant based on the facts in the trial and sets his own article that fits with the facts of the trial that are seen, resulting in a decision that is not in accordance with the indictment of the public prosecutor. It can be seen that there has been a legal event where the judge has decided outside the prosecutor's indictment and this research needs to be followed up by linking the judge's decision that was handed down not based on the article indicted from the aspect of legal certainty. The type of research used in this research is doctrinal law research. The sentencing decision in a criminal case which is decided by a judge not based on the indictment of the Public Prosecutor can be considered invalid because it is contrary to the principles of criminal law. In the examination in court, the party who must prove the indictment to the defendant is the public prosecutor, not the judge.
Keywords: Legal Certainty, Judge made law, Letter Demands, Public Prosecutor
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Leka, Adrian, and Brunilda Jani-Haxhiu. "The Emergence of Sentence Guidelines in the Balkans – Should Albania Follow the Same Model?" Journal of Systemics, Cybernetics and Informatics 20, no. 4 (August 2022): 1–7. http://dx.doi.org/10.54808/jsci.20.04.1.
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Different countries have established different models and mechanisms to assist the judge in the difficult task of determining the criminal sentence. These approaches are influenced by the criminal justice system model, the role of the judge in criminal proceedings and, not infrequently, by priority issues that are not related to the conceptualization of the criminal justice system: corruption, professionalism of judges, etc. In countries that have a codified body of criminal law – as a rule, countries that belong to the civil law tradition, the criminal law sets the minimum and maximum ranges of the criminal punishment. Within these limits, it is up to the judge to determine the individualized sentence for each defendant, based on the principles and rules provided for by the criminal law. Different types of mechanisms have been established in countries that belong to the common law tradition, as the criminal law is not so inflexible in setting the ranges of punishment and the judge has much more discretion in determining the sentence, based on the rules of precedent. In some of these countries, sentencing guidelines are used. These guidelines are usually approved by the judges themselves and are not legally binding, but they gain application as a result of the precedent rule. In recent years, sentencing guidelines have been approved and applied in two of Albania's neighboring countries: Kosovo and North Macedonia. This paper will address the role of guidelines in criminal proceedings, the models they were based on, the reasons for introducing them, and how they were implemented in Kosovo and North Macedonia. Finally, we will argue whether the introduction of such a mechanism in Albania would be in harmony with the existing framework and beneficial, in general.
8
Орлова, М. І. "THE QUESTION OF THE PROCEDURAL ORDER OF APPLICATION OF THE TEMPORARY SUSPENSION OF JUDGES FROM JUSTICE." Juridical science, no. 1(103) (February 19, 2020): 309–15. http://dx.doi.org/10.32844/2222-5374-2020-103-1.37.
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The temporary removal of a judge from the administration of justice is a relatively new measure to ensure criminal proceedings in criminal procedural law and is carried out by the High Council of Justice. At the same time, as evidenced by the practice of its implementation, there are certain issues that necessitate their study and discussion. Therefore, the procedure of temporary suspension of a judge from the administration of justice is characterized by features that are due to the special legal status of judges. It is the need to ensure the independence of judges that provides for a special procedure for their removal. At the same time, the temporary removal of a judge is a measure that involves the removal from justice of judges in respect of whom there are reasonable doubts about their suitability for office, high rank of judge, to confirm or deny the relevant information. This is necessary to maintain confidence in the judiciary as a whole. The purpose of the article is to study the procedural procedure for the application of temporary suspension of a judge from the administration of justice. The article examines the procedural procedure for the application of temporary suspension of a judge from the administration of justice. It is emphasized that the institution of temporary suspension of judges exists for the timely suspension of a judge. The peculiarities of the procedural order of application of temporary suspension of a judge from the administration of justice have been determined. It is concluded that based on the results of the consideration of the petition, the High Council of Justice may make the following decisions: on the temporary suspension of a judge from the administration of justice in connection with criminal prosecution or on the denial of such a petition. It was found that the suspension did not restrict access to the court premises, as well as to the materials of previously distributed cases. Therefore, if a judge is removed without a precautionary measure in the form of round-the-clock house arrest / detention, the court will continue to go to work. A judge may also continue to perform administrative functions as chairman of the court or judgespeaker. Continue lecturing at the School of Judges, or continue to take bribes.
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Materniak-Pawłowska, Małgorzata. "Instytucja sędziego śledczego w II Rzeczypospolitej." Czasopismo Prawno-Historyczne 65, no. 1 (November 2, 2018): 271–94. http://dx.doi.org/10.14746/cph.2013.65.1.11.
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The institution of an investigating judge emerged in all three parts of then partitioned Poland at almost the same time, i.e. in the 70s of the 19th century, as the Austrians introduced it in 1873, the Russians in 1876, and the Germans in 1877. The very idea of an investigating judge and its model, however, derives from the legal system of Napoleonic France. During the period between two World Wars, the institution of an investigating judge functioned fi rst, as part of the legislation inherited from the occupant’s legal system, and then as part of the Polish legal system resulting, mainly, from the implementation of the ordinance on the regime of common courts of law of 1928 and the code of criminal procedure of the same year. The function of an investing judge was for and foremost connected with the preliminary stage of criminal proceedings, and the investigation process in particular. However, the main overall task of that stage was protection of an individual’s rights in a criminal proceeding. In the twenty years’ history of the interwar Poland, the role of an investigating judge in a criminal proceeding had been gradually limited, while the prosecutor’s role had increasingly strengthened. Although the prosecutor’s supervision sensu stricto was formally non-existent, a prosecutor could, inmany cases, restrict a judge’s independence by issuing binding conclusions. Such practice was further facilitated by the fact that the Ministry of Justice’s policy was to recruit for the position of an investigating judge from among the least experienced, usually junior judges. Thus the institution of an investigating judge was subsequently subjected to strong criticism by many lawyers, both theorists as well as practitioners of a criminal trial. Its supporters criticised the infl uence that procurators could exercise on the judges and demanded their independence of the former, whereas its critics questioned the very sense or idea of an investigating judge, emphasising that it only constituted an interim form between a prosecuting organ and an independent court and, as such, performed neither of those two had functions suffi ciently satisfactory.
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Prowancki, Maciej, Michał Kaczmarczyk, and Kazimierz Marszał. "COMMENCING A PRIVATE PROSECUTION AND THE GROUNDS FOR DISMISSING A LAY JUDGE FROM HIS FUNCTION." Roczniki Administracji i Prawa 4, no. XX (December 30, 2020): 129–43. http://dx.doi.org/10.5604/01.3001.0014.8425.
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The institution of the participation of the social factor in the justice in Poland has a long and well-established tradition. In accordance with Art. 4 of the Law on the System of Common Courts, citizens take part in administering justice through the participation of lay judges in hearing cases before courts in the first instance. The jurors are elected by the borough councils for a four-year term. Dismissal of a lay judge before the end of his term of office is possible in the cases enumerated in the Act. This article attempts to analyse the issue of the impact of the circumstances of instituting private indictment against a lay judge on the possibility of dismissing a lay judge from his function at the request of the president of the court. The article presents the following problems and issues: is the initiation of a general criminal procedure against a lay judge for an offense prosecuted on a private indictment basis for the dismissal of a lay judge by the municipal council?; Does instituting criminal proceedings against a person for an offense prosecuted by private indictment prevent that person from standing for the post of a common court lay judge? Is a person running for the post of a common court lay judge obliged to disclose in the course of the procedure of electing lay judges (before being elected by the borough council) that there are private criminal proceedings against that person? The findings made by the authors lead to the conclusion that in the event of instituting private criminal proceedings against a lay judge, the provision of Art. 166 § 2 point 3 of the Act on the System of Common Courts does not apply, and the fact of prosecuting a lay judge as a result of bringing a private indictment to a court should not constitute the basis for a motion by the president of the court to the municipal council to dismiss a lay judge from his function.
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Hanafi Bahri, Zulfikar. "Consideration of Semarang District Court Judge's Decision in Case Dropped Because The Crime of Defense of Emergency." Jurnal Daulat Hukum 1, no. 2 (June 10, 2018): 495. http://dx.doi.org/10.30659/jdh.v1i2.3322.
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This study aims to determine the basic consideration of the judge and the factors that influence their consideration of the judge in the verdict against perpetrators of criminal acts because of a defense emergency, given the motivation offenders who commit criminal acts solely for self-defense, and the factors that influence consideration of the judge in the verdict against the accused, so it took the foresight of the judges who handle it and the basis and reasoning of judges itself in implementing its decision. In completing this study, the authors use a step to find data and collect data either through the study of literature and other data sources and to analyze the subject and object data obtained through empirical juridical approach, while sampling was conducted through interviews with directional type. Based on research by the author in the location, it can be authors conclude that consideration of the judge in the verdict against perpetrators of criminal because of a defense emergency in addition based on the provisions of the Act, namely Article 49 of the Code of Criminal Law, taking into account factors about the motives of the accused in criminal offense must be solely for self-defense, so that when the verdict, can be justified by fair in accordance with the legislation and of course also the aspect of sociological and psychological defendant, to obtain a ruling that can be justified legally, morally, and religion by the judge.Keywords: Consideration; Justice; Defense; Emergency.
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Wiranarta, Sari. "DISPARITAS PENJATUHAN PIDANA PELAKU TINDAK PIDANA NARKOTIKA (Analisis Putusan Nomor: 898/Pid.Sus/2020/PN. Pdg Dan Putusan Nomor: 940/Pid.Sus /2020/PN. Pd." JURNAL SAKATO EKASAKTI LAW REVIEW 1, no. 1 (March 20, 2022): 18–33. http://dx.doi.org/10.31933/jselr.v1i1.539.
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The judge's consideration is one of the most important aspects in determining the realization of the value of a judge's decision that contains justice, so that maximum and balanced judge considerations are obtained at the level of theory and legal facts.The results of the research on "the disparity of criminal penalties against narcotics criminals (decision analysis number: 898/pid.sus/2020/pn. pdg and decision number: 940/pid.sus /2020/pn. pdg)" which aims to answer the problem -problems as follows: (1) why there is a disparity in the punishment of narcotics criminals in the two decisions, (2) what are the factors that cause criminal disparities in the two decisions? This research is a descriptive analytical research. The approach used in this research is a normative juridical approach. The data used in this research is secondary data. All data and materials obtained from the research results are compiled and analyzed qualitatively and presented in a qualitative descriptive form. Based on the results of the discussion and analysis, it can be concluded that firstly, the disparity in sentencing criminals against narcotics criminals in the two decisions occurred because in the sentencing of the crime the judge saw from the evidence and evidence in the two decisions, so that in the sentencing of criminal offenses in the two decisions there was a disparity in the imposition of criminal penalties. different between the two decisions. The two factors that cause criminal disparities in the two decisions are that the judge in the decision considers mitigating and aggravating factors that are individual, different between one perpetrator and another (criminal individualization). The judge's considerations in imposing a sentence on the perpetrators of narcotics crimes are based on various things, namely: originating within the judge, originating from the law itself and the characteristics of the case in question and the severity of narcotic evidence.
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Çukaj (Papa), Lirime, and Denisa Laçi. "Preliminary Hearing Judge." European Journal of Multidisciplinary Studies 5, no. 1 (January 1, 2020): 35. http://dx.doi.org/10.26417/796dhy73f.
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A new figure in the judicial system was foreseen in the legal amendments undertaken in the Code of Criminal Procedure, by law no. 35/2017, in the framework of the Justice Reform. The Code of Criminal Procedure has been changed in various aspects, including in here the changes that are related with the subjects of the criminal proceedings. I have previously set out what are the problems that emerged in the criminal process in general, and in the Preliminary phase of Investigation in particular, to understand the effects of this figure and the reason for it to enter into the judicial system. This preliminary investigation control based in ower law now is made by the Preliminary Hearing Judge (PHJ) and the Preliminary Investigation Judge (PIJ). The main task of this article, is to determine the impact that the PHJ has had on the progress of a fair and complete criminal process, since it has been sanctioned by law and has begun its functions. On the other hand what are the issues that this subject presents regarding the functions that the law attributes and their implementation in practice? The main focus of this paper is precisely those legal provisions that have provided for the manner in which this procedural subject operates, to further understand its impact on the criminal process in general and on the preliminary investigation phase in particular. An important aspect is making an overview of the Italian law from where we are based to foresee this judicial figure. After a comparison between these legal provisions we came in conclusion of the problematics that PHJ presents. We outline, at the end of the study, our conclusions arising from the examination of the preliminary session and PHJ, as well as some recommendations that I consider necessary for the process of criminal proceedings, in the light of the changes that have taken place.
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Plakhotnik, O. "DECISION OF THE EUROPEAN COURT ON HUMAN RIGHTS AS MANDATORY ELEMENT OF JUDICIAL CONTROLIN CRIMINAL PROCEEDING." Criminalistics and Forensics, no. 64 (May 7, 2019): 284–94. http://dx.doi.org/10.33994/kndise.2019.64.25.
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The purpose of this article is opening of necessity of application of ECHR practice in the decisions of the investigating judge to increase the value of judicial control over the observance of rights, freedoms and interests of individuals in criminal proceedings. The article includes analysis of the current legislation on the definition of judicial review at the pre-trial investigation stage. Judicial control is revealed through the powers of the investigating judge in criminal proceedings. There were examined opinions of scientists in relation to determinations of judicial control and function of investigation judge on the stage of pre-trial investigation. It is possible to draw conclusion from the analysis of the last scientific researches, that expansion of scopes of judicial control in a criminal production, it is a next step to rethink the value of judicial control in criminal proceedings. Decisions taken by the investigating judge should be based on the principles of legality and rule of law. The conclusion about the need to study the application of ECHR investigating judges to strengthen the role of the court at the stage of pre-trial investigation and reduction of procedural errors that can become new ECHR judgments against Ukraine. Judicial statistics and decision of consequence judges content are analysed with the use of practice of ECHR for 2018 and beginning 2019 years. Out of analysis of judicial statistics a conclusion is made that tendency on application of practice of ECHR in 2019 is slowly, but grows. The necessity of wide use of practice of ECHR courts is examined during realization of judicial control in a criminal proceedings. The estimation is given to expansion of the list of proceedings that must be carried out with the permission of the investigating judge. It is analyzed the shortcomings of the application of the ECHR practice courts and disadvantages such as the decision by the investigating judge ruling, not under criminal procedural rules. The practice of the Grand Chamber of the Supreme Court is analysed. It is given the risks of the work of the investigating judge, who can relate to undue interference in the work of law enforcement. It is noted the decision of the ECHR “Volokhi against Ukraine” dated November 2, 2006. It is concluded that the judicial review of the investigative actions should also include the application of the ECHR practice, and application of ECHR in the activities of the investigating judge at the pre-trial investigation stage is a prerequisite for respect for the rule rights in criminal proceedings and the strategic task for Ukraine. Key words: European Court of Human Rights, court control, criminal proceedings.
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Rydberg, Åsa. "Constitutional and Institutional Developments." Leiden Journal of International Law 13, no. 1 (March 2000): 101–3. http://dx.doi.org/10.1017/s092215650000008x.
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On 16 November 1999, during the Twenty-first Plenary Session of the International Criminal Tribunal for the former Yugoslavia (ICTY), the Judges chose Judge Jorda as the new President of the ICTY. Judge Jorda took over the presidency from Judge Gabrielle Kirk McDonald, who left the ICTY at the end of the first term of her presidency. A French national, President Jorda has been a Judge at the ICTY since January 1994. Since October 1995, he has been the Presiding Judge of Trial Chamber I of the ICTY.
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Rydberg, Åsa. "Constitutional and Institutional Developments." Leiden Journal of International Law 13, no. 3 (September 2000): 617. http://dx.doi.org/10.1017/s092215650000039x.
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On 12 May 2000, Judge Claude Jorda, President of the International Criminal Tribunal for the former Yugoslavia (ICTY), on behalf of the Judges of the ICTY, filed with the Secretary-General a ‘Report on the Operation of the International Criminal Tribunal for the former Yugoslavia.’
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Malanchuk, P. M., and I. V. Bordun. "POWERS OF INVESTIGATING JUDGE IN UKRAINE AND GERMANY: COMPARATIVE CHARACTERISTIC." Legal horizons, no. 17 (2019): 104–8. http://dx.doi.org/10.21272/legalhorizons.2019.i17.p:104.
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One of the components of criminal justice is the institute of an investigating judge. He has been introduced into the criminal process of our state relatively recently, but in the years of its existence already has certain achievements. The Institute of Investigatory Judges is an innovation in Ukraine and the entire post-Soviet area. Despite the fact that the above-mentioned subject was introduced into the criminal process of Ukraine recently, in comparison with other subjects, however, it plays a significant role. Indeed, it is he who is the guarantor of the observance of the constitutional rights and freedoms of persons suspected or accused of committing a criminal offense. But there are states where this institute has been introduced a long time ago and all questions regarding its existence are not relevant. In such states, the institute of investigator’s judge has already worked in many forms and has undergone significant changes. The article presents an analog of a Ukrainian investigating judge in the Federal Republic of Germany, although in Germany it has its name. He is called a district judge or investigating judge. The development of the Institute of Investigative Judge in Ukraine requires a thorough investigation of its powers and the study of this institute, based on the experience of other states. That is why the article reflects the main purpose with which the institute of the investigating court in Ukraine and the Federal Republic of Germany was created, considered the classification of scientists regarding the powers of the aforementioned entity, and also shows the relationship of the investigating judge with other participants in the pre-trial investigation. The article also defines the classification of investigators and reflects who and in what conditions may hold this post. However, the main purpose of this article is to compare the competence of the investigating judge of Ukraine, which was introduced in domestic legislation in 2012, and the competence of the investigating judge of the Federal Republic of Germany, whose prototype originated in the territory of Germany as early as the 13th century. We also plan to show the common and distinctive features of one institution in the two countries, as well as propose some changes to the Ukrainian criminal process, based on the experience of the Federal Republic of Germany. Keywords: institute of the investigating judge in Ukraine, the competence of the investigating judge, investigator judge in Germany, district judge, investigating judge.
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Fuady, Muhammad Ikram Nur. "Siri' Na Pacce Culture in Judge's Decision (Study in Gowa, South Sulawesi Province)." FIAT JUSTISIA:Jurnal Ilmu Hukum 13, no. 3 (October 4, 2019): 241. http://dx.doi.org/10.25041/fiatjustisia.v13no3.1684.
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Manimbohoi Village in Gowa District is part of the Makassar tribe who still hold the Siri' na Pacce culture that highly upholds shame, honour, dignity, and togetherness as Adat Law. During this time, there is often a difference between the Traditional Law of Siri' Na Pacce and Indonesian Positive Law in upholding the material values of criminal acts, so that judges' decisions are difficult to accept by local communities. This study aims to determine the influence of the culture of Siri na Pacce' regarding the judge's decision in constructing the criminal offences committed by residents of Manimbohoi with the decision Number: 66/Pid.B/2012/PN.Sungg.This study used a normative empirical approach with a descriptive-qualitative method that analyses cases of judges' positions and judgments on decisions plus data obtained by interviews with the Adat Officer, Manimbohoi’s people, the judge in Sungguminasa District Court.The results of the study showed that 1)The Siri' Na Pacce as unwritten laws and positive Indonesian law as written laws have the same position in the Republic of Indonesia which can be carried out as long as there is no comparison in the KUHP as Criminal Code; 2)In the decision, the judge has been progressive by imposing a sanction lower than the prosecutor's request indicating that the judge acknowledges Siri 'na Pacce even though it does not include it in writing on the consideration of the points of judges; 3)The weight and lightly of punishments and values of Siri' na Pacce's held by the judge depends on the benefits and feelings held by the judge as a benchmark based on the individual judge's personality; 4)The judge acknowledges the culture of Siri 'Na Pacce as living law but has not been able to put it into judgment as justification, forgiveness, and mitigation reason; 5)Therefore, this Siri' Na Pacce should be maintained Indonesian identity.
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Naim, Muhammad. "PROPORSIONALITAS DALAM PENJATUHAN PIDANA TERKAIT ADANYA DISPARITAS PIDANA DALAM PERKARA NARKOTIKA." Legal Standing : Jurnal Ilmu Hukum 2, no. 1 (July 5, 2018): 44. http://dx.doi.org/10.24269/ls.v2i1.1009.
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The research entitled Principles Of Proportions In Cases Of Criminal Handling Connected With The Case Discussion Of Narcotics is aimed at different penalties relating to the proportionality of punishment under applicable constitutional rules. Judge, decision-making mechanism by the Panel of Judges, and indicted conditions. the criminal law factor is the principle of proportionality in decision making. Secondly, indicated in perpetrators of crime, crime victims. In this case, the Judge must play a role in determining matters relating law, even if the constitutional rule is unable to resolve.
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Rinaldi, Rinaldi, and Wirna Rosmely. "PERTIMBANGAN HAKIM TINGKAT BANDING DALAM MENERAPKAN UNSUR-UNSUR PASAL 2 DAN PASAL 3 UNDANG-UNDANG NOMOR 31 TAHUN 1999 TENTANG PEMBERANTASAN TINDAK PIDANA KORUPSI (Studi Putusan No. 3/TIPIKOR/2016/PT PDG dan No. 9/ TIPIKOR/ 2017/PT PDG)." UNES Law Review 2, no. 4 (August 14, 2020): 392–407. http://dx.doi.org/10.31933/unesrev.v2i4.132.
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The law governing criminal acts of corruption is Law Number 31 of 1999 as amended by Law Number 20 of 2001 concerning Eradication of Corruption. Corruption crime regulated by Law Number 31 of 1999 consists of various forms / types. In writing this thesis, the author conducts research on corruption cases as referred to in decision Number 3 / TIPIKOR / 2016 / PT PDG and Number 9 / TIPIKOR / 2017 / PT PDG. From the results of the study, the first conclusion was obtained that the consideration of the appellate level judges in applying the elements of Article 2 and Article 3, that in Decision Number 3 / TIPIKOR / 2016 / PT PDG, was the legal judgment of the First Level Judge in its decision that could be approved and corroborated by the Level Judge Appeals, except in the case of conviction for the Defendant, according to the Judge of the Level of Appeals the imposed criminal sentence needs to be aggravated and there are still incriminating matters for the Defendant that have not been considered by the First Level Judge. Criminal application by the Court of Appeal Court is to improve the decision of the First Level Court which imprisonment for 2 (two) years and 6 (six) months and improvement of imprisonment for 3 (three) years and a fine of Rp 50,000,000 (fifty) million rupiahs) subsidair criminal confinement for 2 (two) months. Judge's consideration in Decision Number 9 / TIPIKOR / 2017 / PT PDG, is that the Panel of Appeal Judges has considered Article 2 with elements of a criminal offense committed by the defendant. The Appellate Court Judges disagree with the decision of the First Level Court regarding the Acts of the Defendants in violation of Article 3 of Law Number 31 of 1999 concerning Eradication of Corruption. Based on the results of the examination of legal facts in the trial and the consideration of the Panel of Appellate Judges with the Primair indictment proved and fulfilled all elements of Article 2 paragraph (1) Juncto Article 18 paragraph (1) letter b paragraph (2) and paragraph (3) of Law Number 31 of 1999. The application of the criminal sentence dropped to Defendants II and IV for 4 years and fined Rp. 200,000,000.00 (two hundred million rupiah).
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Meidiawan, Rizky, and Sugandi Ishak. "KEWENANGAN HAKIM TERHADAP ADANYA KETENTUAN PIDANA MINIMAL TERKAIT TINDAK PIDANA NARKOTIKA YANG DILAKUKAN OLEH ANGGOTA TNI (ANALISIS PUTUSAN NOMOR 108-K/PM.II-09/AD/IV/2015)." Jurnal Hukum Adigama 2, no. 1 (July 26, 2019): 963. http://dx.doi.org/10.24912/adigama.v2i1.5269.
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One of the duties of the judge was to settle the case to sentence the perpetrators of the crime by saying that the defendant was acquitted or convicted based on at least 2 evidence and the judge based on the evidence was convinced that the error violated the article charged. The judge has the freedom to impose a sentence against the defendant who is not only fundamental to the provisions of the Law but also the judge can explore the values of law and justice in society. In the current practice, many judges have ruled below the minimum criminal provisions contained in an article as in the case of narcotics in this study. This cannot be blamed because the judge has the authority and freedom to make a decision, but this will certainly make legal certainty impossible. Legal problems in this research are how the authority of judges against the existence of a minimum punishment provision in narcotics crime and what constitutes the objective is stipulated by minimum punishment provisions. The research method taken is a normative juridical method, research data obtained through literature study and retrieval of decision files as a supplement. the results of the study show that judges may just make a decision under the minimum criminal provisions because the judge not only has to pay attention to legal certainty but also the purpose of other laws is to provide justice.
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Putra, Haris Maiza, and Hisam Ahyani. "Internalization in Islamic Law Progressive in Criminal Law Changes in Indonesia." Jurnal Ilmiah Al-Syir'ah 20, no. 1 (June 30, 2022): 68. http://dx.doi.org/10.30984/jis.v20i1.1861.
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Indonesia is a state of law related to the disparity in the decisions of different judges in deciding a case, especially in criminal decisions. A more in-depth study is needed, especially in the case of rape, where in rape cases in Indonesia, several judges have sentenced them to death. This study aims to uncover and explore the Internalization of Progressive Islamic Law (Mashlahat) in Amending Criminal Law in the Death Penalty by Judges Against Defendants in Rape Cases in Indonesia. Progressive Islamic Law promoting peace (Mashlahat) can realize legal protection and peace for the people of Indonesia. The approach in this study uses an empirical juridical approach. This research is also normative-legal, qualitative, and uses descriptive methods through literature studies. This research is sourced from various books, international journals, and national journals. The results of the study concluded that 1) Progressive Islamic Law Internalization in Indonesia in changing criminal law can be carried out by changing the law, which can be done through peace (maslahat) by prioritizing Islamic values rahmatan lil 'alamin in developing and incorporating Islamic legal values into the national legal system in Indonesia; 2) the occurrence of changes to criminal law in Indonesia which was decided by this Judge (Criminal Disparity), among others: a) the judge sentenced to life imprisonment; b) the death penalty; c) 12 years in prison; d) Castration punishment; e) 4 years imprisonment; 3) Internalization of Progressive Islamic Law towards changes in criminal law in Indonesia, when a court judge wants to decide his case, for example in a rape case, a decision can be made through the Mashlahat (peace) concept without having to decide the case with a life sentence or up to the death penalty, especially for perpetrators of rape.
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Pradnyawan, Sofyan Wimbo Agung. "The Weakness Of The Law In The Republic Of Indonesia Number 18 Year 2003 On The Advocate." Legal Standing : Jurnal Ilmu Hukum 1, no. 1 (August 2, 2017): 32. http://dx.doi.org/10.24269/ls.v1i1.586.
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This article intends to analyze the use of the jury system in the criminal justice system of Indonesia, jury is a form of lay participation or the participation of lay that community of professional non-law in the judiciary, to make decisions which provide a more fulfilling sense of justice in society, in order to avoid the role of judges is absolute in the criminal justice process, in the legal system of modern states today dichotomy between legal systems tradition of common law or civil law is fading and towards the tendency to mix both the legal system in order to find substantive justice in the judicial process. Indonesia never make changes conceptually to the criminal justice system, so that the judicial process drab dominated the role of judges is great where law and justice seems to be the monopoly of a judge, the role of judges becomes absolute in determining aspects of the facts (fact finding) and the legal aspect in judge, legal research using law approach, conceptual, and comparative law. The results of this study is that morality is the essence of a sense of justice in society, morality can not be separated from the law, because morality is is what is considered correct by the general public, so the public will view the law as something that has no authority and can not be trusted, when morality is left in any decision of the judge in criminal justice. Entering jury in the justice system is able to raise the level of public confidence in the legal and judicial institutions that exist, because the inclusion of jury in the criminal justice system to prosecute in the aspect of fact (fact finding) addition will ease the task of the judge also made aspects of morality local is the living law in automatically entered in every decision, every decision so it is possible to better meet the sense of justice in society.
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Suhariyanto, Budi. "MENUNTUT AKUNTABILITAS PUTUSAN PENGADILAN MELALUI PEMIDANAAN TERHADAP HAKIM." Jurnal Hukum dan Peradilan 1, no. 2 (July 31, 2012): 249. http://dx.doi.org/10.25216/jhp.1.2.2012.249-274.
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Judiciary corruption of somejudges become the black stain of justice, than because of that public has been forced to demand accountability court rulling. The claim is becoming more and more as the filing of RUU MA, that includes a clause of punisment for the judges, and this is a reasonable question. This research is a legal normatif juridical approach, using the secondary data, than analized with qualitative juridical analysis methods. Based on the result of this research, we can concluded that a clause of punisment for tha judges (criminalizing judge) on RUU MA regulated, were not based on the principles of criminal policy. Infact, the crisis of overreach of the criminal law is what happens when the regulated repeatedly compel. Keywords: Accountability, Court, Criminality, Judge.
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Syamsul Haling and Andi Taufik. "ANALYSIS OF JUDGE'S DECISION THAT WAS OUT OF THE CRIME OF MURDER." JILPR Journal Indonesia Law and Policy Review 4, no. 1 (October 31, 2022): 26–42. http://dx.doi.org/10.56371/jirpl.v4i1.107.
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The research method used in writing the results of this thesis research is normative juridical. The aims of this study are: (1) To find out and analyze the qualifications of corporations as subjects of corruption. (2) To find out and analyze the form of criminal liability against corporations as perpetrators of criminal acts of corruption. (2) To know the verdict of the judge who is free from the crime of murder. The results of the study show (1) In relation to the analysis of the judge's decision that is free from the crime of murder, it is clear that, to determine whether an act is included in a criminal act, a sharp analysis is needed from a judge without overriding the applicable law. (2) Seeing the obstacles faced by judges in determining decisions that are independent of the provisions of the Act on the crime of murder, then every judge who has convened should have matured emotionally, in terms of the thoughts, attitudes and authority of the judge himself and who is not inferior. What is important is the ability of mature human resources.
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Kalygulova, A. "On Classification of the Powers of an Investigating Judge in Criminal Proceedings of the Kyrgyz Republic." Bulletin of Science and Practice 6, no. 11 (November 15, 2020): 350–55. http://dx.doi.org/10.33619/2414-2948/60/44.
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The article is devoted to the issue of classification of the powers of an investigating judge in criminal proceedings of the Kyrgyz Republic. The relevance and novelty of the study is caused by the introduction of a new procedural figure of the investigating judge, who exercises judicial control in pre-trial proceedings. The powers conferred by the Criminal Procedure Code of the Kyrgyz Republic to an investigating judge are varied in content. In this regard, the issue of the classification of the powers of an investigating judge is relevant. Object of research: the procedural figure of the investigating judge. The subject of the research: the powers of the investigating judge and their division by classification. Thus, the powers of an investigating judge, provided for in Article 31 of the Criminal Procedure Code of the Kyrgyz Republic, cover not only the issues of the existence of grounds for the application and extension of measures to ensure criminal proceedings, authorization of investigative and special investigative actions, as well as the resolution of issues arising between the participants in pre-trial proceedings, including those affecting the scope of proof in criminal cases. A proposal has been made to classify the powers of an investigating judge in criminal proceedings in the Kyrgyz Republic.
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Santosa, Prayitno Iman. "CRIMINAL LAW CONSIDERATIONS (Ratio Decidendi)." Indonesian Journal of Law and Policy Studies 1, no. 2 (November 30, 2020): 90. http://dx.doi.org/10.31000/ijlp.v1i2.2774.
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Judicial practice in Indonesia, judging from the decisions of criminal cases, generally judges give legal considerations only to prove the elements of a criminal offense. In contrast, the determination of the crime is not objectively considered, and most are merely considerations of incriminating and mitigating matters. On the other hand, the judge has absolute authority in imposing a crime; the judge's freedom is guaranteed by law. The supreme power of judges who are used freely without objective measures has the potential to produce corrupt decisions and injustices. Criminal objectives must be aligned with legal goals, namely to realize penalties that guarantee legal certainty, justice, and expediency. Ideally, good sentences reflect the three purposes of the law.
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Getti, Pierre. "Un tribunal pour quoi faire ? Le Tribunal pénal international pour le Rwanda et la poursuite des crimes contre l’humanité." Politique africaine 68, no. 1 (1997): 51–60. http://dx.doi.org/10.3406/polaf.1997.6086.
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A court : what for ? The international court and the crimes against humanity. Created in November 1 994, the International Court in Rwanda (Tribunal pénal international pour le Rwanda, TPIRJ has not yet judged any criminal charged for genocide. This paper will examine three essential themes necessary to understand the main difficulties encountered by the Court. First, is the organization and working of the Court adapted to judge those responsible for the genocide ? Second, is the criminal policy of the Court consistent with its defined goals and how efficient are its investigative methods ? Third, is the International community really involved in the punishment of criminals and does it effectively counter the laws which provide impunity ?
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Zavidovskaia, Ekaterina A., Tatiana I. Vinogradova, and Dmitri I. Maiatskii. "Interpretation of the Images of Qing Judges in the Illustrated Woodblock Editions and Popular Prints Nianhua." Oriental Studies 20, no. 4 (2021): 53–67. http://dx.doi.org/10.25205/1818-7919-2021-20-4-53-67.
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The paper aims to analyze different types of illustrations of court case gong`an公案stories featuring Qing dynasty judges Shi-gong 施公 and Peng-gong 鵬公 found in the late Qing woodblock editions and popular woodblock prints nianhua年畫 in order to figure out how tales about imperial ‘fair officials’ have been reflected in book illustrations and in popular prints nianhua年畫. Popular prints from various Russian and foreign collections mostly depict episodes featuring Qing dynasty judges Shi Shilun (施世綸, dec. 1722), originally a protagonist of the novel “Criminal Cases of Judge Shi” (施公案Shigong an, preface dated 1798), and Peng Peng (彭鹏, 1637–1704) from the novel “Criminal Cases of Judge Peng” (彭公案Penggongan, 1871) by Tanmeng Daoren貪夢道人. “Shi-gong plays” about Judge Shi and his friends gained popularity during the Daoguang period (1821–1850), however Judge Shi was no longer their central protagonist. The popular prints mostly depict martial scenes from these plays based on the court case stories. This research claims to define sources of various types of illustrations and clarify connections between book illustrations, popular prints and drama.
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Ishaq, Hafiz Muhammad, and Humayun Abbas. "جج پر ضمان: فقہی قواعد اور پاکستانی قانون میں تطبیق." Journal of Islamic and Religious Studies 3, no. 2 (February 9, 2020): 25–44. http://dx.doi.org/10.36476/jirs.3:2.12.2018.02.
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A judge should be honest, transparent, free and fair. He should always respect law. The question arises that if a judge who disrespects law and makes unbalanced decisions: as a result of which people get affected then will he or she be penalized? The Ḥanafi Scholars opine that if a judge passes a wrong decision intentionally, he should be penalized from his own property. Because in Islamic jurisprudence, judiciary owns a supremacy over the masses and everyone irrespective of the position is equal and has to obey law. Whether he is a judge or a commoner, he has to follow the rules and regulations as prescribed by law. In practice, Pakistani judges are not held responsible for making a wrong verdict. Our judges make judgments on the basis of already manipulated evidence. A judge bars himself from the responsibility of collecting evidence. Similarly, if a judge has developed personal grudges with the criminal then the criminal reserves right of appealing the higher court where the decision is reviewed and rectified. In such situation, there is a compulsion between the legal maxim "وَالْأَصْلُ عَدَمُ الضَّمَان" and the Pakistani laws. However, Ḥanafi jurisprudence and Pakistani Laws are not in accordance with each other. This study concentrates upon the nature of punishment and tort to be applied on judges in case of making a decision based on falsehood. It is suggested that Pakistan’s Judiciary should be reread as that the already in-practice system does not comply with the standards of Islamic teachings.
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Ibni Rusydan, Wilmar, Umar Ma'ruf, and Bambang Tri Bawono. "Judicial Activism In Criminal Case To Ensure The Human Rights Upholding (Study In State Court Of Semarang)." Jurnal Daulat Hukum 2, no. 4 (March 27, 2020): 477. http://dx.doi.org/10.30659/jdh.v2i4.8347.
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The purpose of this study was to describe, assess, and analyze as to what the underlying factors in implementing the Judge on Judicial Activism practice in criminal cases in order to ensure the upholding of human rights, then any obstacles encountered and solutions that were presented.This study uses a sociological juridical approach to research is descriptive analytical specifications. The data used are secondary data obtained through library research and primary data obtained through field research then analyzed qualitative use Progressive Legal Theory and Theory of Freedom and Discovery Law of Judge (Rechstvinding).The results of this study are: 1) Judge's decision to apply for Judicial Activism in criminal cases at least consider several factors, including legal developments always follow people who move quickly, in addition to the Act or other regulations are not always equipped to solve a legal case concretely, and also some other factors; 2) Obstacles that arise in practice Judicial Activism in criminal cases are divided into two (2) factors, namely the internal source of personality and emotionality judges themselves, then external factors relating to the legal system of a country.Keywords: Judicial Activism; Criminal Case; Judge; Human Rights.
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Gizatullin, Irek Al'fredovich. "Procedure Independence of Judges:the Nature and Problems of Security." Russian Journal of Legal Studies 6, no. 1 (December 15, 2019): 105–15. http://dx.doi.org/10.17816/rjls18477.
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The independence of judges as a guarantee of the exercise of justice is an axiological imperative, the need to ensure which is recognized by any state that has accepted the theory of separation of powers. The issues of establishing an independent court have always been and continue to be decisive in the conduct of judicial reforms in the country aimed at building a strong, independent and accessible judiciary.The paper draws attention to the special significance of procedural (criminal procedure) guarantees in the system of legislative measures to ensure the independence of judges, since they determine the freedom of a judge in choosing a legal position when performing his main and only function - resolving a criminal case. The independence of the judge as a participant in the process requires that the criminal procedure law provide for those procedures that allow the judge to decide without any dependence on the wishes of the litigants and in the absence of any outside inf luence. At the same time, the modern conditions of the implementation of the judiciary testify to the frequent limitation of procedural independence by circumstances that are not related to the procedure of the case. On the basis of empirical data, it is shown that non-procedural factors related to the corporate inf luence of the judicial community and the mental attachment of judges to one or another corporate tradition have a significant impact on the procedural independence of judges.
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Pinarta, I. Putu Bayu, and I. Ketut Mertha. "PENGATURAN TINDAK PIDANA KORUPSI: ANALISIS DISPARITAS PENANGGULANGAN PENJATUHAN PIDANA DI INDONESIA." Kertha Semaya : Journal Ilmu Hukum 8, no. 10 (November 4, 2020): 1608. http://dx.doi.org/10.24843/ks.2020.v08.i10.p11.
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Tujuan penelitian ini untuk mengetahui faktor-faktor yang menjadi pertimbangan hakim dalam penjatuhan pidana pada kasus tindak pidana korupsi yang menimbulkan disparitas dan konsep ideal agar tidak ada lagi disparitas pidana pada penjatuhan pidana tindak pidana korupsi dikaitkan dengan rasa keadilan masyarakat Indonesia. Metode yang digunakan dalam penelitian ini mempergunakan jenis penelitian hukum yuridis normatif dengan pendekatan perundang-undangan atau statute approach untuk menganalisis. Hasil penelitian ini menunjukkan bahwa faktor-faktor yang menjadi pertimbangan hakim pada kasus tindak pidana korupsi sehingga menimbulkan disparitas putusan pidana meliputi faktor perundang-undangan; pribadi hakim; dan lingkungan yang mencakup faktor politik dan ekonomi dan konsep ideal agar tidak ada lagi disparitas pidana pada penjatuhan pidana tindak pidana korupsi dapat dilakukan dengan cara dibuatnya pedoman pemidanaan; mengkonstruksi kembali (rekonstruksi) pola pemikiran dan perilaku etik hakim; dan upaya untuk memutus perkara yang bebas tendensi.
The objective of this research to reveal factors that are considered by the judge in the criminal punishment on corruption cases which causes disparity and the ideal concept to avoid no more criminal disparity on the criminal punishment of corruption. The method used in this research uses normative juridical legal research with a statutory or statutory approach to analysis. The result of this research indicates that factors that are considered by the judge in the criminal punishment on corruption cases which causes disparity included legislation factors; judge personal factors; and environmental factors which include political and economic factors and the ideal concept so that no criminal disparity on the criminal punishment of corruption can be done by the way made sentencing guidelines that can be used as a reference or guidelines for judges to impose criminal sanctions; constructing (reconstruction) patterns of thought and ethical behavior of judges; and an attempt to break free cases tendencies.
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Islankin, S. M. "Grounds and procedural procedure of dismissal from the post in criminal proceedings." Analytical and Comparative Jurisprudence, no. 1 (July 2, 2022): 355–60. http://dx.doi.org/10.24144/2788-6018.2022.01.64.
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In the scientific article, the legal and factual grounds for the application of the measure to ensure criminal proceedings in the form of dismissal from the post have been thoroughly investigated. It is concluded that there are legal grounds - the decision of the investigating judge or court on dismissal from the post; the decision of the President of Ukraine on dismissal from the post of persons appointed by him; the decision of the Supreme Council of Justice on temporary dismissal of the judge from the exercise of justice in connection with bringing to criminal responsibility, and the actual grounds are the necessity to stop criminal offense, to stop or prevent the unlawful behavior of the suspect or accused, who, while in office, can destroy or make up the things and documents that are important for the pre-trial investigation, to influence witnesses and other participants in criminal proceedings or to prevent criminal proceedings in other ways. The legal grounds for dismissal were separately investigated by the investigating judge or the dismissal court. The conclusion was drawn on the lack of regulation of legal grounds for the decision to dismiss other actors - the President of Ukraine and the Supreme Council of Justice.
The procedural order of dismissal from the post was examined on the basis of the decision of the investigating judge and separately analyzed its components, namely: Appeal with the request to dismiss from the post to the investigating judge; consideration of the request to dismiss the person from the post; resolution of the decision of the investigating judge on the results of the examination of the petition; execution of the decision of the investigating judge. On the basis of the analysis of the decisions of the investigating judges, the problem issues arising during the examination of the investigating judge to the application of dismissal from the post were investigated. It is concluded that in order to ensure compliance with the principle of legal definition it is necessary to introduce appropriate changes to the CPC of Ukraine, which regulate the procedural order of application of dismissal from office by the President and the Supreme Council of Justice.
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Hamdani, Surya. "Pertanggungjawaban Pidana terhadap Turut Serta melakukan Aborsi (Analisis Putusan Nomor: 252/Pid.B/2012/PN.Plp dan Putusan Nomor: 124/Pid.Sus/2014/PN.Liw)." Jurnal SOMASI (Sosial Humaniora Komunikasi) 1, no. 2 (December 20, 2020): 148–69. http://dx.doi.org/10.53695/js.v1i2.82.
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Based on positive law in Indonesia, the Criminal Code itself regulates abortion problems Article 299, Article 346 to Article 349, while Law No.36 of 2009 concerning Health regulates the problem of abortion Article 75 , 76, 77 and 194. In connection with the criminal act of inclusion regulated in Article 55 and Article 56 of the Criminal Code. Criminal responsibility for a criminal act of participating in abortion, in imposing a sentence the judge must fulfill a sense of justice for all parties, for that before imposing a verdict, the judge must pay attention to the aspect of justice. 252 / Pid.B / 2012 / PN.Plp, the author does not agree that the Judge decides with the Criminal Code, the author agrees with the Judge No. 124 / Pid.Sus / 2014 / PN.Liw, in which the Judge decided using Law No. 36 of 2009 concerning Health, because our country adheres to the principle of lex specialis derogat legi generali.
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Mazlam, Ahmad Fitri, Wan Nural Jawahir Hj Wan Yussof, and Rabiei Mamat. "Estimation of fines amount in syariah criminal offences using adaptive neuro-fuzzy inference system (ANFIS) enhanced with analytic hierarchy process (AHP)." International Journal of Electrical and Computer Engineering (IJECE) 9, no. 6 (December 1, 2019): 5537. http://dx.doi.org/10.11591/ijece.v9i6.pp5537-5544.
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<span lang="EN-US">All syariah criminal cases, especially in khalwat offence have their case-fact, and the judges typically look forward to all the facts which were tabulated by the prosecutors. A variety of criteria is considered by the judge to determine the fines amount that should be imposed on an accused who pleads guilty. In Terengganu, there were ten (10) judges, and the judgments were made by the individual decision upon the trial to decide the case. Each judge has a stake, principles and distinctive criteria in determining fines amount on an accused who pleads guilty and convicted. This research paper presents an Adaptive Neuro-fuzzy Inference System (ANFIS) technique combining with Analytic Hierarchy Process (AHP) for estimating fines amount in Syariah (khalwat) criminal. Datasets were collected under the supervision of registrar and syarie judge in the Department of Syariah Judiciary State Of Terengganu, Malaysia. The results showed that ANFIS+AHP could estimate fines efficiently than the traditional method with a very minimal error.</span>
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Timoera, Dwi Afrimetty. "PERAN DAN TANGGUNG JAWAB HAKIM WASMAT TERKAIT PERLINDUNGAN HAK-HAK NARAPIDANA DALAM LEMBAGA PEMASYARAKATAN." Jurnal Ilmiah Mimbar Demokrasi 14, no. 1 (March 29, 2018): 43–58. http://dx.doi.org/10.21009/jimd.v14i1.6506.
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The purpose of this study was to determine how judges Wasmat role in protecting the rights of prisoners in the prison. The method used is a qualitative approach. The results showed that the Judge Wasmat ineffective in doing their jobs. Look at all them in performing their duties only as a mere formality. The main constraint is; First, they not only served as a Judge Wasmat but also as a judge on the Court. Second, the implementation of the tasks Judge Wasmat only set in the Code of Criminal Procedure, but its existence is not considered important between Attorney and Penitentiary Institutions. Third, the distance from the court to prison far enough. Fourth, lack of adequate facilities so as to make the work Wasmat Judges can not run properly.
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Anak Agung Gede Agung, Anak Agung Sagung Laksmi Dewi, and I Made Minggu Widyantara. "Perlindungan Hukum terhadap Pelaku Pembunuhan Begal atas Dasar Pembelaan Terpaksa." Jurnal Interpretasi Hukum 2, no. 1 (March 22, 2021): 1–7. http://dx.doi.org/10.22225/juinhum.2.1.3075.1-7.
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A criminal act is an act that is prohibited by law and is subject to sanctions. Not all acts that violate the provisions of the law can be punished, as contained in article 49 of the Criminal Code, which has been sentenced to a criminal sentence. A person who is a victim of a criminal act of tampering in the proximity of a criminal act who commits an act of defense is not sentenced. The type of research used is normative legal research. An act of defense that cannot be subject to punishment, the law applicable to article 49 of the Criminal Code in which a criminal act is committed in a threatening situation or an attack at that time, such as a victim of tampering himself, a judge as a law enforcer who examining and deciding an action can see evidence of the perpetrator's actions of self-defense which meet the elements of defense, the judge also considers the reasons of the perpetrator which can mitigate especially the perpetrator who is defending himself To law enforcement officials, judges in defending offenders who pay more attention to someone who is doing it so that justice can be created.
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Utami, Nur Agustina, Syarif Fadillah, and F. Fauziah. "ANALISIS PENERAPAN PRINSIP PREJUDICIEL GESCHILL DALAM PUTUSAN SELA PENGADILAN NEGERI BEKASI NOMOR: 1242/Pid.B/2018/PN.Bks Tanggal 19 November 2018." Jurnal Hukum Jurisdictie 2, no. 1 (February 3, 2020): 1–38. http://dx.doi.org/10.34005/jhj.v2i1.17.
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The judge as the part that decides on the case plays a very important role in determining thefuture of the law, because each judge's decision will become the center of public attention. Thejudge does not only act as a mouthpiece of the law, but the judge also acts as the inventor of the law (recht vinding). The exercise of the authority of judges in criminal proceedings in law enforcement should uphold the principles that apply in the Criminal Procedure Code in court and benefit justice seekers. in the development of criminal procedure law in Indonesia,specifically regulating the postponement of criminal proceedings related to civil cases or socalled prejudiciel geschil in Indonesia, is regulated in Article 81 of the Criminal Code whichstipulates that "Postponement of criminal prosecution develops with judicial disputes, delaysexpired ". However, if examined closely, it seems that the provisions of Article 81 of theCriminal Code only link prayer disputes with expiration, but not explicitly which will takeprecedence when civil and criminal cases are brought to court at the same time. Theunregulated court dispute has clearly made the legal vacuum (rechtsvacuum) related toprejudicieel geschil, as well as lead to dualism in judicial practices in Indonesia.
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Roth, Jessica A. "Jack Weinstein." Federal Sentencing Reporter 33, no. 3 (February 1, 2021): 163–67. http://dx.doi.org/10.1525/fsr.2021.33.3.163.
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This essay, for a symposium issue of the Federal Sentencing Reporter dedicated to the impact of Judge Jack Weinstein on the occasion of his retirement from the federal bench, highlights how Judge Weinstein has re-imagined the role of the district court judge. Through his judicial opinions, extrajudicial writings and speeches, and his innovative use of the court’s supervisory authority, Judge Weinstein has challenged, and in some cases altered, the status quo in the realm of criminal sentencing. In doing so, he has established a forceful example of how district court judges can use their position to advocate for and effect reform more broadly in the system they are called upon to administer – an example that some other judges already have embraced. In his scholarship, Judge Weinstein also has turned his critical lens inward and examined whether this work is consistent with the judicial role. He concludes that it is, but offers valuable guidance for other judges considering following in his footsteps for how to do so in a way that minimizes concerns about partiality. In the end, Judge Weinstein concludes that such work is not only permissible but required when judges perceive injustice. Few will be as creative, prolific, or persuasive as Judge Weinstein has been. But he leaves behind a fully articulated vision of an active district court judge and invites other judges to consider the kind of judge they want to be given the limits and possibilities that accompany their position.
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Nematov, Jasur Aminjanovich. "GUIDELINE ON EVALUATION OF EVIDENCES IN CRIMINAL PROCEEDINGS." American Journal of Political Science Law and Criminology 04, no. 11 (November 1, 2022): 43`—59. http://dx.doi.org/10.37547/tajpslc/volume04issue11-08.
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In the article there made a comprehensive analysis of regulations of criminal procedure legislation of the Republic of Uzbekistan on assessing evidences in course of executing justice. Types of evidences that are subject of judicial estimation are identified. Authorities of a judge of requesting additional evidences to verify all circumstances of case are examined. Criteria are highlighted, methods are given, goal is formulated and features of consolidating the results of evaluation of evidences are indicated. Recommendations and suggestions on improving the activities of judges in studied area are given.
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Brett, Nathan. "Mercy and Criminal Justice: A Plea for Mercy." Canadian Journal of Law & Jurisprudence 5, no. 1 (January 1992): 81–94. http://dx.doi.org/10.1017/s0841820900000850.
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Are justice and mercy incompatible with each other, so that it is unjust for a judge to be merciful? In a recent article Jeffrie Murphy generates and explores some interesting paradoxes concerning the virtue (or supposed virtue) of mercy. Murphy argues for a skeptical position concerning mercy in relation to criminal justice: mercy has no place in the sentencing decisions of judges
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Malaihollo, Aditya Putra Mentari, John Dirk Pasalbessy, and Margie Gladies Sopacua. "Pertimbangan Hukum Hakim Dalam Penjatuhan Pidana Perkara Pencurian Pemberatan (Vide Pasal 363 Ayat 1 Kuhpidana)." TATOHI: Jurnal Ilmu Hukum 3, no. 10 (December 30, 2023): 1020. http://dx.doi.org/10.47268/tatohi.v3i10.1961.
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Introduction: There are several types of theft crimes ranging from ordinary theft crimes (Article 362 of the Criminal Code), light theft crimes (Article 364 of the Criminal Code), crimes of aggravated or qualified theft (Article 363 of the Criminal Code), crimes of violent theft (Article 365 of the Criminal Code), crimes of theft in within the family (Article 367 of the Criminal Code) with a maximum sentence of 7 years in prison.Purposes of the Research:Analyzing and reviewing the application of Article 363 Paragraph (1) of the Criminal Code in resolving cases of theft and Analyzing Article 363 Paragraph (1) of the Criminal Code can be used as a basis for consideration in cases of theft with violence, as one of the requirements in completing studies at the Faculty of Law.Results of the Research:In the application of article 363 in the case of theft, the elements of article 363 can be applied, namely: Whoever, Takes something, With the intention of being owned, is against the law and is carried out at night in a house or a closed yard with a house. When all the elements in article 363 are met, the perpetrator's actions are determined as theft with weights but in the decision N0 18/Pid.B/20202/PN Msh this is not the case because the judge's decision is still too light even though the defendant's actions meet the weighting elements. Article 363 can be used as a basis for judges' considerations because the elements in Article 363 can be used by judges as a basis for consideration before the judge decides on a theft case, but in decision N0 18/Pid.B/20202/PN, the judge does not see the elements that have been fulfilled. by the defendant's actions so that the judge handed down a decision that was not in accordance with the provisions of Article 363 of the Criminal Code.
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Belovics, Ervin. "THE RIGHT TO AN IMPARTIAL JUDGE." Strani pravni život 61, no. 2 (April 30, 2017): 37–46. http://dx.doi.org/10.56461/spz17202b.
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The author analyses the institute of impartiality of judge in criminal proceedings. First, the paper points to norms of Article 6 of European Convention on Human Rights and guarantees of the fundamental rights in criminal procedure in Hungarian Constitution. Afterwards, the author establishes material elements that constitute the requirement of impartiality, how it is possible to set aside partiality and what are the results of this requirement within the concrete regulations of the Hungarian Act on the Criminal Procedure.
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Osoianu, Tudor, and Dinu Ostavciuc. "Judicial control of criminal prosecution in the second degree of jurisdiction – controversies and regulatory opportunities." Journal of the National Institute of Justice, no. 1(64) (May 2023): 37–41. http://dx.doi.org/10.52277/1857-2405.2023.1(64).06.
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The authors operate theoretical interpretations of the rules of procedure applied by the investigating judges, as well as by the courts that exercise judicial control of the criminal investigation in the second degree of jurisdiction. The judicial control of the prejudicial procedure is carried out not only by the investigating judge, but also by the judges of the specialized panels of the appeal courts, who examine the appeals filed against the decisions of the investigating judges in the cases provided for by law. It was equally sought to ensure the balance between the general public interest of effective investigation of crimes, on the one hand, and on the other hand, the respect of the fundamental rights and freedoms of all persons, who were willingly/nolently brought into the sphere of criminal justice. It is opted for the revision of the procedure of judicial control of the criminal prosecution primarily through legislation. In this sense, it is proposed that a separate article regulates the written rule procedure for examining the appeal on all conclusions pronounced by the investigating judge during the investigation, apart from those expressly indicated in art. 311 CPC.
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Humulhaer, Siti. "Juridical review on criminal acts of corruption performed by customers in state-owned enterprises." International journal of social sciences 5, no. 3 (July 21, 2022): 190–95. http://dx.doi.org/10.21744/ijss.v5n3.1927.
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This study aims to determine: The application of material criminal law, and for judges' consideration of criminal acts of corruption committed by customers in state-owned enterprises. Qualitative research methods that describe the problems in the Decision. Data collection techniques: Surveys to research sites, literature studies through books, relevant research results, and related laws and regulations. Interviews with related parties and officials. Results: (1). The application of material criminal law to criminal acts of corruption in the decision of Article 18 of the 1999 Corruption Crime Act which has been amended by Law Number 20/2001 junto. Article 55 Paragraph (1) 1st KUHP jo. Article 64 Paragraph (1) of the Criminal Code, is appropriate to be applied because it is carried out jointly. (2). The judge's consideration in the decision, based on the facts of the trial, evidence, and statutory regulations, the judge believes that the defendant abused his authority and harmed the state and could not be justified on the grounds of apologizing. Therefore, the defendant is legally and convincingly guilty of committing a criminal act of corruption that was carried out jointly. So the verdict of the trial judge is very correct.
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Dahtiar, Dahtiar. "Penerapan Teori Pemidanaan Dalam Putusan Perkara Tindak Pidana Pemilu Tahun 2019." Jurnal Penegakan Hukum Indonesia 3, no. 1 (July 12, 2022): 120–42. http://dx.doi.org/10.51749/jphi.v3i1.70.
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In the context of criminal elections, we need to look at the practice and there will likely be doubts and questions about the actualization of the application of the Theory of Punishment in judges' decisions. Especially for South Kalimantan, it is interesting to conduct research and analysis of the extent to which judges (especially those handling cases of the 2019 Election Crime), are in the process of imposing the type and duration of the crime. The purpose of this study is to examine and analyze whether every decision of a District Court Judge in South Kalimantan who handles criminal cases in the 2019 elections already reflects the theory of punishment. In addition, this study is also aimed at studying and analyzing what theories of punishment are used or adhered to by district court judges in South Kalimantan who handle criminal cases of the 2019 elections. Using the normative method with a case approach by examining the decisions of the District Court in South Kalimantan in the 2019 Election crime case that has been decided by the judge by taking all election crime cases in South Kalimantan which are simplified to a total of 6 (six) District Court decisions. It was found that the Panel of Judges for election criminal sanctions, especially in the criminal verdict of the 2019 elections in South Kalimantan, combined the sanction of imprisonment (improsenment) and fine sanctions with the application of the Theory of Relative Punishment which is oriented towards the Theory of Deterrence and the Theory of Objectives.
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Suyunova, Dilbar Joldasbaevna. "DIGITALIZATION OF CRIMINAL PROCEEDINGS: REALITY AND FUTURE." American Journal of Political Science Law and Criminology 6, no. 1 (January 1, 2024): 43–50. http://dx.doi.org/10.37547/tajpslc/volume06issue01-09.
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The article analyzes the current state of the issue of introducing artificial intelligence into criminal proceedings, its legal codification in the European Ethics Charter (CEPEJ) and the Ethics Guidelines for Trustworthy Artificial Intelligence. The author examines the issues of using algorithms in criminal proceedings in some foreign countries. The work substantiates the thesis that the inevitable digitalization of the criminal process should help assist the judge in organizational and legal activities, ensure openness, transparency of justice, guarantee the rights and interests of citizens, rights to defense, simplify paperwork and speed up trials. It is impossible to replace a judge with artificial intelligence, since sentencing is related to the moral values, professional and everyday experience of the judge, which cannot be provided by an automated system.
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Handayani, Nunik, Dwi Hapsari Retnaningrum, Rahadi Wasi Bintoro, and Sri Wahyu Handayani. "LEGAL CONSTRUCTION OF CRIMINAL LIABILITY IN PARTICIPATION OF THE CRIMINAL ACTION OF AUTHENTIC DEEDS PERFORMED BY NOTARY AND NOTARY STAFF ( DECISION STUDY SUPREME COURT NUMBER 134 K/ PID /2020 AND DECISION SUPREME COURT NUMBER 41 PK/ PID /2021 )." International Journal of Advanced Research 11, no. 04 (April 30, 2023): 1507–13. http://dx.doi.org/10.21474/ijar01/16816.
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In Gianyar Bali, one staff Notary and Notary must deal with law criminals Because suspects do follow Criminal Counterfeiting. Defendant I Putu Adi Mahendra Putra SH MKn is staff from Notary Hartono SH MKn who works on orders, and instructions Notary Hartono as superior direct. Study This study is about the legal construction of inclusion criminal liability following criminal forgery authentic deeds are done by a notary and notary staff and analysis of the judges legal considerations in drop Decision free on the Judgment Supreme Court Number 41 PK/ Pid /2021. Research results point out that, the legal construction of inclusion criminal responsibility follows criminal forgery authentic deed done by a notary and notary staff is determined by the presence of errors. There are two entries done by a notary and notary staff, namely ordering do deeds ( doenplegen ) and those who participated do (Medeplegen). An analysis of the judges legal considerations of the notarys criminal responsibility in the decision Supreme Court Number 41 PK/ Pid /2021 which gives verdict free is Because Meaning from the material actions of the defendant Hartono did not meet the essential elements of the crime. Based on the results conclusion, then in a matter, This writer gives advice as well as staff Notary Public submit Reconsideration, besides the judge should be more observant in considering the facts fact judiciary, so No resulted loss for others.
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Manurung, Andri Rico, Madiasa Ablisar, Edi Yunara, and Mohammad Ekaputra. "Analisis Yuridis Putusan Hakim Terhadap Pelaku Tindak Pidana Narkotika Di Daerah Hukum Pengadilan Negeri Rantau Prapat." Locus: Jurnal Konsep Ilmu Hukum 2, no. 3 (September 29, 2022): 106–15. http://dx.doi.org/10.56128/jkih.v2i3.27.
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Disparitas putusan hakim terhadap tindak pidana narkotika sering terjadi. Oleh karena itu tujuan dari penelitian ini untuk menganalisis formulasi disparitas pidana di Indonesia, faktor penyebab terjadinya disparitas putusan hakim terhadap pelaku tindak pidana narkotika menurut Undang-Undang Nomor 48 Tahun 2009 tentang Kekuasaan Kehakiman dan Undang-Undang Nomor 35 Tahun 2009 tentang Narkotika, serta menganalisis apa sebenarnya yang dipertimbangkan hakim dalam menjatuhkan pidana terhadap pelaku tindak pidana narkotika dalam Putusan Nomor 599/Pid.Sus/2018;1234/Pid.Sus/2018/PTMdn; 332/K/Pid.Sus/2019; 943/Pid.Sus/2019/PN. Rap; Nomor 841/Pid.Sus/2020/PN.Rap. Metode penelitian menggunakan metode penelitian hukum yuridis normatif yaitu mengacu pada norma-norma hukum. Penelitian ini bersifat deskriptif analitis. Data yang digunakan adalah data sekunder. terdiri atas bahan hukum primer, bahan hukum sekunder, dan bahan hukum tersier. Teknik pengumpulan data adalah library research (penelitian kepustakaan). Analisis data adalah kualitatif.. Hasil Penelitian menunjukkan formulasi disparitas pidana bahwa Hakim bebas untuk menjatuhkan putusan sebagaimana diatur dalam Pasal 3 UU Kekuasanaan Kehakiman. Faktor yang menjadi terjadinya disparitas pidana adalah berasal dari internal (dalam diri hakim) dan dari eksternal (luar diri hakim). Pertimbangan hakim dalam memutus perkara adalah pertimbangan yuridis dan non yuridis.
Kata kunci: Disparitas Pidana, Narkotika, Putusan Hakim.
Abstract
The disparity of judges' decisions on narcotics crimes often occurs. Therefore, the purpose of this study is to analyze the formulation of criminal disparity in Indonesia, the factors causing the disparity of judges' decisions against narcotics criminals according to Law Number 48 of 2009 concerning Judicial Power and Law Number 35 of 2009 concerning Narcotics, as well as analyzing what exactly did the judge consider in imposing a sentence against narcotics criminals in Decision Number 599/Pid.Sus/2018; 1234/Pid.Sus/2018/PTMdn; 332/K/Pid.Sus/2019; 943/Pid.Sus/2019/PN. Rap; Number 841/Pid.Sus/2020/PN.Rap. The research method uses a normative juridical legal research method, which refers to legal norms. This research is descriptive analytical. The data used is secondary data. consists of primary legal materials, secondary legal materials, and tertiary legal materials. The data collection technique is library research (library research). The data analysis is qualitative. The results of the study show the formulation of criminal disparity that judges are free to make decisions as stipulated in Article 3 of the Law on Judicial Power. Factors that cause criminal disparity are internal (within the judge) and external (outside the judge). The judge's considerations in deciding cases are juridical and non-juridical considerations.
Keywords: Criminal Disparity, Judge’s Decision, Narcotics.