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All Journal JURNAL MERCATORIA Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences Fox Justi : Jurnal Ilmu Hukum International Journal of Humanities Education and Social Sciences International Conference on Health Science, Green Economics, Educational Review and Technology (IHERT) International Journal of Law, Crime and Justice International Journal of Contemporary Sciences (IJCS) Journal of International Islamic Law, Human Right and Public Policy
Firman Halawa
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Religion Arts Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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THE EXISTENCE OF THE CRIMINAL THREAT OF THE DEATH PENALTY IN THE CRIMINAL ACT OF CORRUPTION IN INDONESIA Utreck Ricardo; Firman Halawa
International Conference on Health Science, Green Economics, Educational Review and Technology Vol. 5 No. 1: IHERT (2023) FIRST ISSUE: International Conference on Health Science, Green Economics,
Publisher : Universitas Efarina

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ihert.v5i1.325

Abstract

The uncontrolled increase in criminal acts of corruption will bring disaster not only to national economic life but also to the life of the nation and state in general. The Corruption Eradication Commission took over the investigation and prosecution as intended on the grounds that public reports regarding criminal acts of corruption were not followed up, the process of handling criminal acts of corruption was protracted or delayed without justifiable reasons. The purpose of this research is to find out and analyze what is the legal basis for the Corruption Eradication Commission's authority to carry out investigations and prosecutions? What are the obstacles faced by the Corruption Eradication Commission in carrying out investigations and prosecutions of corruption crimes? The research method used is normative juridical. The type of data used is secondary data. The results of the research are that the authority of the Corruption Eradication Commission to handle corruption cases is regulated in Article 6 letter c of the Corruption Eradication Commission Law which states that the Corruption Eradication Commission has the task of carrying out inquiries, investigations and prosecution of criminal acts of corruption. However, the Corruption Eradication Commission has additional authority, namely that it can take over corruption cases even if they are being handled by the Police or Prosecutor's Office (Article 8 paragraph (2) of the Corruption Eradication Committee Law). However, the takeover of the corruption case must be for the reasons stipulated in Article 9 of the Corruption Eradication Committee Law. Apart from the authority to take over corruption cases, there are other things that fall under the authority of the Corruption Eradication Committee, namely as regulated in Article 11 of the Corruption Eradication Commission Law and Article 50 of the Corruption Eradication Commission Law. The conclusion is that mutually agreed arrangements are needed to eliminate the notion that there is overlapping authority in terms of who has the authority to prosecute criminal acts of corruption that emerged after the issuance of the Law.
RESTORATIVE JUSTICE IN SETTLEMENT OF MINOR CRIMES Ilmuwani Lubis; Firman Halawa
International Conference on Health Science, Green Economics, Educational Review and Technology Vol. 5 No. 1: IHERT (2023) FIRST ISSUE: International Conference on Health Science, Green Economics,
Publisher : Universitas Efarina

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ihert.v5i1.331

Abstract

According to the proponents of the value of justice, the law has been moving quickly and more sharply if legal cases are related to small people and question the interests of big people, including those with power. However, if there is a case that involves or is suspected of being the perpetrator, big people and powerful people, then the law seems to be paralyzed and dull. Apart from requiring legal certainty and justice, legal solutions must also have beneficial value, which is the current problem and challenge. namely, how to realize a law enforcement process that is able to fulfill legal objectives, namely achieving legal certainty that is just and useful. The method used in this research is a descriptive analytical method with a normative juridical main approach.Reforming criminal law must be carried out with a policy approach, because it is essentially part of a policy step or policy (i.e. part of legal politics/law enforcement, criminal law politics, criminal politics and social politics). Criminal justice is not just seen as a crime prevention system. , but is seen as a social problem that is the same as crime itself. The implementation of criminal sanctions needs to be linked to human development policies that want to form complete Indonesian people. The use of criminal sanctions imposed on violators must be in accordance with civilized human values. Apart from that, punishment is used to raise awareness among offenders of human values ​​and social values. Prioritizing peace through deliberation to reach consensus is an integral mechanism in the life of society in Indonesia. Legal reform in Indonesia cannot be separated from conditions. The objective of Indonesian society is to uphold the values ​​of religious law in addition to traditional law, so it is necessary to explore legal products that are sourced and rooted in cultural, moral and religious values. Settlement of ordinary criminal acts with minor motives can be achieved through penal mediation, called the restorative justice approach, which focuses on there is direct participation of perpetrators, victims and the community in interpreting criminal acts. Restorative justice is also a new framework of thinking that can be used in responding to criminal acts for law enforcers and workers in Indonesia.
LEGAL POLICY ON SEXUAL HARASSMENT (CATCALLING) FROM THE PERSPECTIVE OF CRIMINAL LAW Wily Novan Prakoso; Firman Halawa
International Conference on Health Science, Green Economics, Educational Review and Technology Vol. 5 No. 1: IHERT (2023) FIRST ISSUE: International Conference on Health Science, Green Economics,
Publisher : Universitas Efarina

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ihert.v5i1.334

Abstract

This article aims to understand and analyze the regulation of catcalling from a criminal law perspective as well as analyzing the regulation of verbal sexual harassment according to criminal law reform. This research is normative legal research. The results of this research are that the act (catcalling) has the potential to be a criminal act that meets the elements of a criminal act, this act is categorized as an act of verbal sexual harassment and can be studied from several articles in the Criminal Code, the Law on pornography and the need for a legal policy. related to special rules for the act of catcalling to achieve legal certainty and also the fulfillment of criminalization conditions so that the act of catcalling can be specifically regulated. The conclusion is that the act of catcalling has the potential to be a criminal act that occurs in the public sphere through the elements of a criminal act, the impact of this act of catcalling results in mental and psychological disorders, up to the psychological level and to determine a policy it is necessary to pay attention to the morals, values ​​and principles contained in it. in society and pay attention to the conditions of criminalization. To achieve legal certainty, there is a need for legal policies regarding regulations specifically related to catcalling as well as social sanctions for catcalling perpetrators
Co-Authors Ferry Irmawan Ilmuwani Lubis Irfan Rizky Pradya Ismaidar I, Ismaidar Marlina Marlina Muhammad Arif Sahlepi Rahmayanti Rusli Rusli Sinaga, Mhd. Sanip Heri Sukur Tandiono T. M. Fauzi Tengku Riza Zarzani N Tuangkus Harianja Utreck Ricardo Wily Novan Prakoso Yamirah Mandasari Saragih Yasmirah Mandasari Yasmirah Mandasari Saragih Yasmirah Yasmirah Yohny Anwar Zendrato, Ferawati