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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum Journal of Law and Legal Reform
Mac Thi Hoai Thuong
Hanoi Law University, Vietnam
Law, Crime, Criminology & Criminal Justice

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The Lex Favor Reo Principle After New Criminal Code: A Corrective Justice’s Perspective Henny Saida Flora; Fradhana Putra Disantara; Mac Thi Hoai Thuong
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 2 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i2.2997

Abstract

The purpose of this study is to analyze the existence and implications of the lex favor reo principle after the ratification of the new Criminal Code in relation to aspects of corrective justice. This research is normative legal research by prioritizing conceptual and statutory approaches. The results of the study show that the existence of the lex favor reo principle after the ratification of the new Criminal Code, namely as formulated in Article 3 juncto Article 618 of the new Criminal Code, the existence and applicability of the lex favor reo principle can be immediately enforced. The implication of the lex favor reo principle in optimizing aspects of corrective justice after the ratification of the new Criminal Code is that the implementation of the lex favor reo principle has implications for the existence of criminal sanctions experienced by defendants in the old Criminal Code. Suggestions in this study are that for law enforcement officials, special attention is needed when trying a crime, especially by first paying attention to the lex favor reo principle to see which sanctions are more profitable for the accused.
Human Trafficking Prevention and Combat Under Regulations of International Law and Practice in Vietnam Mac Thi Hoai Thuong
Journal of Law and Legal Reform Vol. 6 No. 1 (2025): January, 2025
Publisher : Faculty of Law, Universitas Negeri Semarang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v6i1.10906

Abstract

      The situation of human trafficking crime is becoming increasingly complicated, evidenced by an increasing trend in severity, number of cases, and the use of sophisticated methods and tricks. Human trafficking is identified by the United Nations as one of the four most dangerous crimes in the world, as outlined in the Global Crime Prevention Program 2013. It is conducted by organized, transnational criminal groups. Therefore, international cooperation in addressing it is an indispensable and objective requirement. Vietnam has been actively participating in international commitments to combat human trafficking prevention, such as International Convention on the Rights of the Child (1989), the Optional Protocol to the International Convention on the Rights of the Child, Trafficking in Children, Child Prostitution and Child Pornography (2000), United Nations Convention against Transnational Organized Crime (2000), the ASEAN Convention Against Trafficking in Persons, Especially Women and Children (ACTIP Convention), among others. By analyzing both international and Vietnamese laws on human trafficking prevention, combined with the practice of anti-trafficking efforts in Vietnam, this paper highlights that while current Vietnamese law has been promoting its positive effects, some limitations and shortcomings need to be addressed in order to comply with international law and meet practical requirements of anti-trafficking efforts. Thereby, the paper proposes some recommendations for improving Vietnamese law on human trafficking prevention to align with the requirements of international legal standards and the actual needs of human trafficking prevention in Vietnam.
Co-Authors Fradhana Putra Disantara Henny Saida Flora