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Journal : DE'RECHTSSTAAT

Applying of the Concept of the Death Penalty in Indonesia and Malaysia Sahdewa, M Farhas; Nuraeny, Henny; Ma'arif, Rizal Syamsul
DE'RECHTSSTAAT Vol. 11 No. 2 (2025): JURNAL HUKUM DE'RECHTSSTAAT
Publisher : Fakultas Hukum Universitas Djuanda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jhd.v11i2.18691

Abstract

The death penalty in the Indonesian Criminal Code is found in Law Number 1 of 1946 (KUHP 1946) and Law Number 1 of 2023 (KUHP 2023). In the 1946 Criminal Code, the legalization of the death penalty is maintained in Article 10 and is positioned as a principal crime, this is different from the 2023 Criminal Code which includes the death penalty in Article 67, then changes the death penalty to a special crime, whereas in Malaysia the legalization of the death penalty is threatened The death penalty in Law 574 is formulated in 2 forms of punishment patterns, namely a single one that places the death penalty as mandatory and alternative. However, in 2023 Malaysia will change the mandatory nature of the death penalty in its state regulations, which are outlined in the Death Penalty Deed 2023 Act 846. In this research the author uses a normative juridical approach, namely a statutory approach; by analyzing the rules and regulations relating to these legal issues. The results of this research are: There are several motives that are most popular in the reasons for using the death penalty in Indonesia, namely that the death penalty has a higher level of effectiveness, has a frightening effect (shock therapy), and is also considered more economical and is used so that no action occurs. the main judge himself (eigenrichting) in society as well and the implementation of the Mandatory Death Law in Malaysia from the perspective of the Common Law System is the same as the hudud law in terms of the same type of jinayah punishment for the convicted perpetrator but is contrary to the hudud punishment in terms of making forgiveness and apology to the Yang diPertuan Agong for violations of hudud, seduction can be carried out if there is ambiguity in the case only.
ANALYSIS OF ARTICLE 13 OF BOGOR DISTRICT REGIONAL REGULATION NUMBER 5 OF 2015 CONCERNING PROTECTION OF WOMEN AND CHILDREN FROM ACTS OF VIOLENCE Azhari, Marisa; Nuraeny, Henny
DE'RECHTSSTAAT 2024: SPECIAL ISSUE ON LEGAL BUSINESS, PUBLIC POLICY, AND GREEN TECHNOLOGY
Publisher : Fakultas Hukum Universitas Djuanda

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Abstract

Violence against women and children is a serious problem that affects the quality of life of victims and threatens their human rights. This article will focus on analyzing the implementation of Article 13 letter b. This research uses a qualitative approach with descriptive-analytical methods. Data collection was carried out through document studies in the form of Analysis of Regional Regulations and related publications. The second data collection was through observation, namely confirmation from victims of harassment at SMPN 1 Cigombong. This research found that the implementation of this Regulation, especially Article 13 concerning victims' rights, is still not running optimally. The main findings show that there are still many cases of violence against women and children in Bogor Regency who have not received adequate health and psychological recovery. For example, the case at SMPN 1 Cigombong, where a teacher committed an act of sexual violence against a female student, shows that despite recovery efforts, services are not sustainable, and the trauma experienced by the victim is not handled properly.
EFFORTS TO PREVENT SECURITY AND ORDER DISTURBANCES BY THE BRIMOB CORP THROUGH PATROLS AND ON-SITE ACTION BASED ON THE DISCRETIONAL AUTHORITY OF THE POLICE Hananto, Dwi; Nuraeny, Henny; Nurwati
DE'RECHTSSTAAT 2024: SPECIAL ISSUE ON DJUANDA INTERNATIONAL CONFERENCE ON SOCIAL SCIENCES (DICSS) 2024
Publisher : Fakultas Hukum Universitas Djuanda

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Abstract

Many criminal cases occur in the Jabodetabek area with various types, including murder, rape, robbery, mugging, ganging up, theft, pickpocketing, to the lightest such as bullying. This study aims to determine and analyze efforts to prevent disturbances to security and order by the Brimob Corps through patrols and on-site action based on the discretionary authority of the Police. Empirical legal research is research that examines community behavior as a legal issue. In this study, the object of study is deviant behavior in the form of disturbances to security and order. To make patrol activities effective, namely: (1) Preparation of personnel, (2) Provision of facilities, (3) Knowing field conditions, (4) Patrolling at the right time, (5) Coordinating with village governments, mass organizations, and figures in each area to be patrolled. Discretion is the authority given to police officers to act based on their considerations in certain circumstances. The actions that can be taken are: (1) Preventing criminal acts which include: Soft hand-to-hand control, Hard hand-to-hand control, Control of blunt weapons, chemical weapons including tear gas, chili spray or other tools according to police standards, (2) Arresting the perpetrator, (3) Confiscating all evidence, (4) Taking action to stop activities which have the potential to cause disturbances to security and order.
LAW ENFORCEMENT AGAINST CRIMINAL ACTS FRAUD IN FINANCIAL TRANSACTIONS BASED ON LAW NO. 10 OF 2010 CONCERNING BANKING Kesuma, Moch Wisnu Pujaka; Nuraeny, Henny; Aridhayandi, M. Rendi
DE'RECHTSSTAAT 2024: SPECIAL ISSUE ON DJUANDA INTERNATIONAL CONFERENCE ON SOCIAL SCIENCES (DICSS) 2024
Publisher : Fakultas Hukum Universitas Djuanda

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Abstract

Fraud is an unlawful act of fraud that is carried out intentionally and can harm other parties. Fraud can be in the form of theft, robbery, extortion, forgery, embezzlement and so on. Lay people usually say that fraud is a criminal act or an act of corruption. One case of criminal or fraud that occurred was a problem involving one of the BRI Bank employees with a customer in Cikeas. This case began with a report handled by Subdit II Reskrimsus Polda Riau No. LP/B290/VI/2022/SPKT in 2022. The purpose of this study is to determine law enforcement against criminal acts of fraud in banking transactions and to determine the factors that hinder law enforcement against criminal acts of fraud in banking transactions. The method used is sociological legal research, namely examining the applicable legal provisions and what happens in reality in society or to obtain clarity and understanding and research problems based on existing realities or case studies. The results of this study are the weak role of banking in efforts to overcome or participate in handling banking cases themselves, in addition to the problem of proving cases, doubts from investigators in determining whether there is a crime of money laundering as a continuation of banking crimes, and incomplete reports obtained by investigators so that investigators must re-examine the reported allegations. Suggestions The need to improve the quality of law enforcement officers by providing a deep understanding of fraud crimes in banking financial transactions.