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Journal articles on the topic 'Criminal judge'

Author: Grafiati

Published: 13 April 2024

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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 (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 i

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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 (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 in

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3

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 (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

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4

Alfret, Alfret, and Mardian Putra Frans. "Konsep Putusan Pemaaf Oleh Hakim (Rechterlijk Pardon) Sebagai Jenis Putusan Baru Dalam KUHAP." KRTHA BHAYANGKARA 17, no. 3 (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

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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 (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

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6

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 (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 accordan

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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 (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

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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

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9

Materniak-Pawłowska, Małgorzata. "Instytucja sędziego śledczego w II Rzeczypospolitej." Czasopismo Prawno-Historyczne 65, no. 1 (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, fr

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10

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 (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 institu

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11

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 (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 eit

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12

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 (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

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13

Çukaj (Papa), Lirime, and Denisa Laçi. "Preliminary Hearing Judge." European Journal of Multidisciplinary Studies 5, no. 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. Thi

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14

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 functio

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15

Rydberg, Åsa. "Constitutional and Institutional Developments." Leiden Journal of International Law 13, no. 1 (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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16

Rydberg, Åsa. "Constitutional and Institutional Developments." Leiden Journal of International Law 13, no. 3 (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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17

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 r

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18

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 (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 Mani

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19

Naim, Muhammad. "PROPORSIONALITAS DALAM PENJATUHAN PIDANA TERKAIT ADANYA DISPARITAS PIDANA DALAM PERKARA NARKOTIKA." Legal Standing : Jurnal Ilmu Hukum 2, no. 1 (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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20

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 (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 Numbe

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21

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 (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

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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 (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 In

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23

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 (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 i

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24

Suhariyanto, Budi. "MENUNTUT AKUNTABILITAS PUTUSAN PENGADILAN MELALUI PEMIDANAAN TERHADAP HAKIM." Jurnal Hukum dan Peradilan 1, no. 2 (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 t

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25

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 (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

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26

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 (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 inv

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Santosa, Prayitno Iman. "CRIMINAL LAW CONSIDERATIONS (Ratio Decidendi)." Indonesian Journal of Law and Policy Studies 1, no. 2 (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

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28

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 ? Th

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29

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, pref

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Ishaq, Hafiz Muhammad, та Humayun Abbas. "جج پر ضمان: فقہی قواعد اور پاکستانی قانون میں تطبیق". Journal of Islamic and Religious Studies 3, № 2 (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 regulatio

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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 (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

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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 (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

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33

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 (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 tinda

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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

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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 (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

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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 (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 convict

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37

Timoera, Dwi Afrimetty. "PERAN DAN TANGGUNG JAWAB HAKIM WASMAT TERKAIT PERLINDUNGAN HAK-HAK NARAPIDANA DALAM LEMBAGA PEMASYARAKATAN." Jurnal Ilmiah Mimbar Demokrasi 14, no. 1 (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.

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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 (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 threate

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39

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 (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

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Roth, Jessica A. "Jack Weinstein." Federal Sentencing Reporter 33, no. 3 (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 positi

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41

Nematov, Jasur Aminjanovich. "GUIDELINE ON EVALUATION OF EVIDENCES IN CRIMINAL PROCEEDINGS." American Journal of Political Science Law and Criminology 04, no. 11 (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 are

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Brett, Nathan. "Mercy and Criminal Justice: A Plea for Mercy." Canadian Journal of Law & Jurisprudence 5, no. 1 (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 (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 36

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Belovics, Ervin. "THE RIGHT TO AN IMPARTIAL JUDGE." Strani pravni život 61, no. 2 (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 interes

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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 (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 A

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Dahtiar, Dahtiar. "Penerapan Teori Pemidanaan Dalam Putusan Perkara Tindak Pidana Pemilu Tahun 2019." Jurnal Penegakan Hukum Indonesia 3, no. 1 (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

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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 (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,

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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 (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, th

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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 (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/2

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