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Journal : Awang Long Law Review

CRIMINAL RESPONSIBILITY FOR PERSONNEL PERSONALITY DANGEROUS Firman Wijaya
Awang Long Law Review Vol. 4 No. 1 (2021): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (300.803 KB) | DOI: 10.56301/awl.v4i1.268

Abstract

The ability to be responsible (toerekeningsvatbaarheid) is Article 44 Paragraph (1) of the Criminal Code, which regulates a person 'sontoerekeningsvatbaarheidir’ responsible (matters). Perpetrators of dangerous personalities are perpetrators who are unable to take responsibility, so that their mental personality is disturbed by illness, their mental personality is in an unconscious state, and their mental personality is disabled in their growth. The personality of the soul makes it difficult for his actions to be held accountable for criminal law. The problem is is criminal liability for perpetrators of dangerous personalities? The research method is normative juridical research. The conclusion is that by determining whether there is a responsible capacity (toerekeningsvatbaarheid), that the judge must accept the results of the examination from a psychiatrist about the mental condition of the perpetrator of a crime, because it is the psychiatrist who has the competence to determine this. Then, based on the results of the examination, the judge determines the extent to which the mental condition of the perpetrator affects his actions, and then determines his ability to be criminally responsible for his actions. In the decision that the author is reviewing, namely Decision Number 144/Pid.B/2014/PN.Cj, it is stated that the defendant Pupun Bin Sanusi was legally and convincingly proven guilty of not committing the crime of "murder", but for this act he cannot be held accountable for any reason. forgiveness as intended in the provisions of Article 44 paragraph (1) of the Criminal Code.
IMPLEMENTATION OF SOCIAL WORK SANCTIONS AS A SUBSTITUTE TO PUNISHMENT UNDER ONE YEAR PRISON AGAINST THE CRIMINAL ACTION OF IT Firman Wijaya
Awang Long Law Review Vol. 4 No. 2 (2022): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (950.98 KB) | DOI: 10.56301/awl.v4i2.390

Abstract

The social work crime contains elements of rehabilitation, re-education and resocialization. During the execution of the crime, prisoners will be fostered and guided in terms of the formation of attitudes and behavior. The development of the convict's work and personality is always monitored and monitored by community officials. Prisoners will be guided to be able to behave well and actively participate in development. The problem is how is the sentence below one year in prison for the perpetrators of the ITE crime in Decision Number 1636/Pid.Sus/2020/PN.Jkt.Brt? The method used is normative juridical. The conclusion is that they do not agree with the Judge's Decision in Decision Number 1636/Pid.Sus/2020/PN.Jkt.Brt., because the Defendant may be subject to social work sanctions as a substitute for a sentence of less than one years in prison. In principle, social work crime is an alternative to short-term deprivation of liberty. Social work crime is a type of crime that will be imposed on perpetrators of crimes that are not too serious. Starting from the various privileges of the social work crime, it is clear that even though it is a crime, this social work crime is not forced labor. Social work crime is a form of crime that is loaded with the content of protecting human rights.