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Protection of Law and Justice and Human Rights must be Enforced Even in Large-Scale Social Restrictions Youngky Fernando
Journal Equity of Law and Governance Vol. 2 No. 1
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.2.1.4871.43-52

Abstract

Online media. TempoCOM. July 1, 2021. Restrictions on mobility in Java and Bali are getting more stringent. Online Law. July 4, 2021. The Advocate Profession Does Not Enter the Essential Sector, DetikNews. July 8, 2021. Metro Police Chief Promise. The Company Boss Brush Does Not Take Sides of Humanity. Supreme Court PR Announcement May 8, 2020. Circular Letter of the Secretary of the Supreme Court of the Republic of Indonesia Number 5 of 2020. Regarding Guidelines for the Implementation of Work From Home and the Imposition of Disciplinary Sentences for Judges and Apparatus within the Supreme Court of the Republic of Indonesia and the Judicial Bodies Under It During the Corona Virus Disease Community Emergency Period 2019. SINDOnews. October 24, 2020. Supreme Court. PERMA Number 4 of 2020. Date September 29, 2020, regarding the Administration and Trial of Criminal Cases in Courts Electronically. In the Indonesian Criminal Justice System: 1. Investigation: investigators together with an advocate accompanying the suspect; 2. Pre-prosecution: the public prosecutor and the judge and advocate were accompanying the defendant; 3. the judge's verdict: the judge together with the advocate accompanying the defendant; 4. After the criminal verdict: the prosecutor implements the final decision, and the advocate accompanies the defendant and officials from the state detention center or correctional institution. Detention in the Indonesian Criminal Justice System: 1. Investigation for a maximum of 60 days and or 120 days if the penalty is nine years or more; 2. The pre-prosecution is a maximum of 50 days and or 110 days if the punishment is nine years or more; 3. The pre-sentence is for a maximum of 90 days or 150 days if the sentence is nine years or more. Law Enforcers in the Indonesian Criminal Justice System: 1. Advocates as legal advisors or defenders of suspects and defendants and convicts requesting the judicial review; 2. Investigators; 3. Prosecutors; 4. Judge; 5. Officials of state land houses or correctional institutions. Instruction Letter from the Minister of Home Affairs Number 15 of 2021. On July 2, 2021, regarding the Implementation of Restrictions on Emergency Community Activities for Corona Virus Disease 2019. In the Java and Bali Regions. Cannot bind law enforcers in the Indonesian criminal justice system—Fiat Justitia Ruat Coelum (the justice law must be upheld even if the sky falls).
The Term "can" In General & Special Criminal Offenses Based on Principles, Theories, and Criminal Law Doctrines Youngky Fernando
Law Doctoral Community Service Journal Vol. 2 No. 2 (2023): Law Doctoral Community Service Journal
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/ldcsj.2.2.6196.106-110

Abstract

The term “can” is a legal term often used in relation to general offenses and specific offenses in criminal law. In the context of general offenses, the term “can” refer to the authority or power delegated to authorized officials to take criminal actions. The purpose of this study is to discuss the phrase “can” in general and specific offenses based on principles, theories, and doctrines of criminal law. The research method used is normative legal research, utilizing primary, secondary, and tertiary legal materials, through a legislative approach.
Acts against Civil Law versus Acts Against Criminal Law Versus Rechtsvinding HogeRaad/Supreme Court Judge Youngky Fernando
Journal Equity of Law and Governance Vol. 3 No. 1
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.3.1.6608.58-71

Abstract

An unlawful act in Dutch is called "onrechmatige daad," and in English, it is called "tort," which means "wrong" (wrong). the word "tort" develops to mean civil "mistake," which does not come from "default." So it is similar to the meaning of "unlawful act," which is called "onrechmatigedaad" in the Dutch legal system. The word "tort" comes from the Latin word "torquere" or "tortus" in language French, like the word "wrong" comes from the French word "wrung," which means "mistake or loss" (injury). The aim research is to know the challenges facing soes and soe subsidiaries toward business tranformation law enforcement and human rights protection (Post Constitutional Court Decision Number 01/PHPU-PRES/XVII/2019).This research is a normative legal research. The type of this research is a Normative Legal Research. The result shows that Memorie van Toelichting Wetboek van Strafrecht voor Nederlandsch -Indie(WVSNI) WederrechTelijkheid was not found. What is meant by the word "law" in the phrase "Against the Law". If referring to the Postulate Contra Legem facit qui id facit quod lex prohibit; in fraudem vero qui, salvis verbis legis, sententiam ejus circumuenit. A person is declared unlawful when the act committed is an act prohibited by law. One of the main elements of a criminal act that is objective is against the law. The Legality Principle of Article 1 paragraph (1) of the Criminal Code. In Dutch, "against the law" is wederrechtelijk (weder: against, against; recht: law). In determining whether an act can be punished, the legislator makes unlawful behavior a written element.
Complaint Defiction and Ultimum Remedium in the Perspective of Positivism (Roman) Law School, and Realism, and Sociology, and Utilitarism and Freie Recht Slehre (Anglo-American) Youngky Fernando
Journal Equity of Law and Governance Vol. 3 No. 1
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.3.1.6616.58-71

Abstract

Wetboek van Strafrecht voor Nederlandsch-Indie or Wetboek van Strafrecht or the Penal Code or the Criminal Code or Criminal Code consists of the First/First Book (Article 1 to Article 103. Concerning General Regulations) and Second Book (Article 104 to/d Article 488. Concerning Crimes) and the Third Book (Articles 489 to Article 569. Regarding Violations).At first Crimineel Wetboek voor Het Koninkrijk Holland (WvS) was made in 1795 and enforced in 1809. Then France colonized the Netherlands, and the Penal Code was born from 1811 to 1813. After the Netherlands became independent, Wetboek van Strafrecht was born in 1881, it was enforced in 1886, and Wetboek was born van Strafrecht voor Nederlandsch-Indie based on Koninklijk Betsuit (order of the king) February 10 1866. About Crimes for Europeans Juncto Algemeene Politie Strafreglement based on Ordonnantie 15 June 1872. About Crimes for Europeans. Juncto Wetboek van Strafrecht voor Nederlandsch-Indie based on Ordonnantie May 5 1872.
The Crime Of Elder Abuse According To Criminal Law Law Youngky Fernando
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 4 No. 2 (2025): Juni: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jhpis.v3i3.3952

Abstract

The aim of this research is to analyze the factors causing abuse by biological children against their parents and the judge's considerations regarding the decision in case Decision Number 421/PidSus/2020/PN.Tgn. This research method uses a normative juridical research approach by reviewing statutory regulations, law books and Islamic law books related to the research focus. The research results show that the factors behind the abuse of biological mothers are economic, family, social environment and social jealousy. Based on the considerations of the judge at the Tangerang District Court with Decision Case Number 421/PidSus/2020/PN.Tgn. Regarding criminal cases, we have referred to legislation no. 23 of 2004 concerning the Elimination of Domestic Violence. However, in terms of justice, the punishment given was not fair for the victim who had been treated badly by his own biological child.