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Journal : JURNAL LITIGASI (e-Journal)

PENEGAKAN HUKUM TERHADAP KEJAHATAN BIDANG POLITIK DI INDONESIA DALAM KONTEKS PEMBAHARUAN HUKUM PIDANA T. Subarsyah Sumadikara
JURNAL LITIGASI (e-Journal) Vol 15 No 2 (2014)
Publisher : Fakultas Hukum Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (252.652 KB) | DOI: 10.23969/litigasi.v15i2.70

Abstract

Political crime is a problem, especially concerning the enforcement. Positive law has been set, but political crimes keep continuing to arrise. It should be examined whether the positive law enforcement can reach all kinds of political crime, how crime policy is formulated, what obstacles and solutions that must be adopted. The results of the study of political crimes, including crimes against the public interest, the interlocked with the power and political activity as the ingredients. Positive law, is essentially the result of a series of political processes. As a result, enforcement efforts be incomplete, always coincide with the technology, management, politics, beyond the limits of reality, evolved into a discourse that is planned, organized, controlled to be a crime that is untouched. Positive law works Iinier-mechanistic, based on the teachings of Legal Positivism / Rechtsdogmatiek, prioritizing political criminal, penal policy which in reality has lost much of his authority. Need reconstruction, shift the dominance of Normative-positivistic to sociological-philosophical / combination of the two, entering the world of technology, the realities of political life as well as total quality management for the judicial activity, so that enforcement is not bound law; initiated legal system of national unity, based on the value of heterogeneity comes from legal sources that live, grow and flourish in society, the written / unwritten according to the characteristics of the State and the Nation of Indonesia; political will does not exalt the principle of legality which in fact is often ignored the justice. Keywords: Enforcement; Legal; Politics; Reform; Criminal.
EKSISTENSI PERLINDUNGAN SAKSI DAN KORBAN DALAM PERSPEKTIF SISTEM PERADILAN PIDANA DI INDONESIA Tedie Subarsyah Sumadikara
JURNAL LITIGASI (e-Journal) Vol 17 No 2 (2016)
Publisher : Fakultas Hukum Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (257.703 KB) | DOI: 10.23969/litigasi.v17i2.156

Abstract

In line with the current development of the criminal offense, it is necessary to the development of the criminal justice system (SPP) with the involvement of other key components of the criminal justice system, namely DCIS component i i, ang carry out the functions of protection of witnesses and / or victims of crime. criminal By involving the intended protection function, the criminal justice system is no longer just oriented to the suspect / defendant but also oriented to witnesses and victims of crime. This will have implications for the development and strengthening of the criminal justice system into the criminal justice system is perfect, the criminal justice system a good, balanced and fair. So that in the future does not happen again the phenomenon of witnesses and / or victims with threats, pressure or occur engineering evidence statements of witnesses, even a waiver of the rights of witnesses and / or victims. Although now the presence of the Agency has given guarantees and assurances for the protection of witnesses and / or victims of crime, but the position of the Agency as a component of the criminal justice system has not been expressly recognized in the law of criminal procedure. Therefore it is very important to analyze the position of the Agency in the criminal justice system in Indonesia, namely by reviewing the Agency's role in the criminal justice system, and the concept of the position of the Agency as the state agencies in the criminal justice system in Indonesia. Keywords: Existence of the Witness and Victim Protection Agency