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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum Hermeneutika : Jurnal Ilmu Hukum
Yohanis Sudiman Bakti
Universitas Doktor Husni Ingratubun Papua
Law, Crime, Criminology & Criminal Justice

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CORRELATION BETWEEN GENERAL CRIMINAL PROVISIONS AND SPECIAL CRIMINAL PROVISIONS CONCERNING THE CRIMINAL ACTION OF DEFENSE Yohanis Sudiman Bakti
HERMENEUTIKA : Jurnal Ilmu Hukum Vol 7, No 1 (2023): HERMENEUTIKA : Jurnal Ilmu Hukum
Publisher : Sekolah Pascasarjana Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/hermeneutika.v6i3.8332

Abstract

The purpose of this study is to find out how the general criminal and special criminal arrangements regarding the criminal act of defamation. This research uses an empirical juridical approach. The juridical approach is used to analyze various laws and regulations related to the implementation of the criminal defamation settlement process. Meanwhile, the empirical approach is used to analyze law which is seen as patterned social behavior in people's lives that always interact and relate to social aspects. The provisions for criminal acts of defamation in the Information and Electronic Transactions Law in its implementation refer to the legal provisions in the Criminal Code Articles 310 and 311 of the Criminal Code and the Electronic Information and Transactions Act Article 27 paragraph (3), Article 45 paragraph (1). This was emphasized because it was the result of an amendment to the provisions of Article 27 paragraph (3) which was considered by some people to be a rubber article because it was not accompanied by an explanation of the article regarding the measure of being said to be defamation.
Application of the Principle of Equality Before the Law in the Practice of Investigating Criminal Cases by General Criminal Investigation Investigators at the Memberamo Raya Resort Police Yohanis Sudiman Bakti; Peter Paulus Ell
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 21 No. 1 (2022): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v21i1.4802

Abstract

Equality before the law is positioned by the UN as the first indicator or main characteristic of a democratic rule of law, in the sense that there must be no arbitrariness, so that someone can only be punished if they violate the law, have equal standing before the law, and are good for the people. ordinary and for officials. However, in practice, what was hoped for has not been fully realized. Moreover, this is related to the application of the principle of equality before the law. The problem in this research is that the process of examining criminal cases by investigators from the Memberamo Raya Police Criminal Investigation Unit certainly cannot be carried out according to plan. It should be, because of various factors and reasons behind it, both in terms of the law enforcement system as a whole, structurally, as well as morally or mentally. The type of research used is Normative Juridical research methods and Empirical Juridical research methods. The research results obtained are that the application of the principle of equality before the law has not been implemented properly by the Memberamo Raya Resort Police Criminal Investigation Investigators, in the practice of examining general criminal cases. In the practice of examining general criminal cases, there are three investigators from the Memberamo Raya Police Criminal Investigation Unit. The main factors that hinder the application of the principle of equality before the law are first, limited human resources for investigators, both in terms of quality and quantity; second, the minimal budget for investigative operational costs; and third, demands for resolution of criminal cases based on the customs of local customary law communities
Co-Authors Peter Paulus Ell