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Criminal Actions Against People Exploiting Children In Accordance To Indonesian Criminal Law M. Junaeddy; Budi Parmono; Hanafi Arief
International Journal of Law, Environment, and Natural Resources Vol. 2 No. 2 (2022): October Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v2i2.47

Abstract

Exploitation of children is now more widespread, not carried out by families but also by small to large institutional groups. The perpetrators are sometimes the parents themselves with the intention of making a profit. The purpose of this study is to describe the position of children in Indonesian criminal law and to analyze criminal sanctions for child exploitation. As normative legal research, this study examines laws and regulations related to child exploitation and criminal sanctions. Research results: Article 45 of the Criminal Code defines a child as an immature person if he is not yet 16 years old. Criminal law has positioned children as legal subjects who must protect themselves and their interests as well as the special rights of the state. Economic, social and sexual exploitation of children with the intention of benefiting oneself or others is a criminal act. Criminal sanctions for those who commit, order to do, and those who participate in committing the act; give or promise something by abusing power or dignity, by violence, threats or misdirection, or by giving opportunities, means or information, encouraging other people to take action; intercourse (not the wife) is punishable by imprisonment for a maximum of nine years
Criminal Responsibility Of Defamation Under The Indonesian Criminal Law Aryansyah Aryansyah; Budi Parmono; Muhibbin Muhibbin
International Journal of Law, Environment, and Natural Resources Vol. 2 No. 2 (2022): October Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v2i2.48

Abstract

The Research, "Responsibility of Defamation Actors in Indonesian Positive Law Studies" aims to describe the arrangements for criminal acts of defamation in the Indonesian criminal law system as well as analyze criminal responsibility for perpetrators of defamation in the Indonesian criminal law system. This research is a normative legal research, which examines laws and regulations in a coherent legal system as well as unwritten legal values ??that live in society, which are related to the responsibility of perpetrators of defamation in the perspective of positive law in Indonesia. The results of the research can be presented in an outline: Arrangements for criminal acts of defamation in Indonesian criminal law are regulated in the Criminal Code (KUHP), and the Law of the Republic of Indonesia Number 19 of 2016 concerning Amendments to the Law of the Republic of Indonesia No. 11 of 2008 concerning Information and Electronic Transactions. The Criminal Code regulates Article 310 paragraph (1) and paragraph (2), as well as Article 311 paragraph (1) of the Criminal Code. Whereas in the Law of the Republic of Indonesia Number 19 of 2016 concerning Amendments to the Law of the Republic of Indonesia No. 11 of 2008 concerning Information and Electronic Transactions regulated in Article 27 paragraph (3); Criminal responsibility for defamation in the Indonesian criminal law system is borne by anyone who intentionally attacks the reputation or reputation of a person, by accusing something with clear intentions so that it is publicly known (Article 310 paragraph (1) of the Criminal Code), and is also borne by every a person who intentionally and without rights distributes and/or transmits and/or makes accessible Electronic Information and/or Electronic Documents that contain insults and/or defamation (Article 27 paragraph (3) of Law Number 19 of 2016 concerning Amendments to Law of the Republic of Indonesia No. 11 of 2008 concerning Information and Electronic Transactions
Status Of Corruption Acts Under The Indonesian Criminal Law System Ahmad Nur Azizy; Budi Parmono; Moh. Muhibbin
International Journal of Law, Environment, and Natural Resources Vol. 3 No. 1 (2023): April Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v3i1.51

Abstract

The purpose of this research is to describe the regulation of criminal law in Indonesia and to analyze the position of corruption in Indonesian criminal law. This research uses normative legal research in the form of library research using three types of legal materials, namely primary legal materials, secondary legal materials and tertiary legal materials, with the nature of qualitative descriptive research. The results of the study show that the criminal act of corruption is a part of Indonesian criminal law whose arrangements are outside the Criminal Code (KUHP). In addition, this crime has certain specifications that are different from general criminal law which are regulated in separate laws, namely: Law Number 31 of 1999 as amended in Law Number 20 of 2001 concerning Eradication of Corruption Crimes. The criminal act of corruption is also known as a special crime. The criminal act of corruption is a part of the special criminal law which has certain specifications that are different from the general criminal law, such as deviations from procedural law and when viewed from the regulated material. The Criminal Procedure Code for corruption that is applied is lex specialist in nature, namely the existence of deviations intended to speed up procedures and obtain investigations, prosecutions and examinations at court hearings.
Criminal Actions Of Illegal Logging In The Perspective Of Forestry Law G.M. Angga Satrya Wibawa; Moh. Muhibbin; Budi Parmono
International Journal of Law, Environment, and Natural Resources Vol. 3 No. 1 (2023): April Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v3i1.55

Abstract

This research aims to describe the regulation of illegal logging in Indonesian positive law and to analyze how illegal logging is in the perspective of Indonesian criminal law. It is a normative legal research, which examines laws and regulations in a coherent legal system with the values ??contained in the Forestry Law Number 19 of 2004 and Law No. 18 of 2013 concerning Prevention and Eradication of Forest Destruction, The research results show that illegal logging is regulated in the Forestry Law, namely Forestry Law No. 19 of 2004, changes to Law no. 41 of 1999 became a Law as an instrument in tackling illegal logging crimes. Then Regulation of the Minister of Forestry Number: P.30/Menhut-II/2012 concerning Administration of Forest Products originating from Private Forests. The government also enacted Law no. 18 of 2013 concerning Prevention and Eradication of Forest Destruction as statutory regulations, and is the implementation of Law no. 14 of 1999. Illegal logging sanctions are emphasized in the Forestry Law in the form of criminal sanctions given to those who carry out illegal logging, according to Law no. 18 of 2013 with a maximum prison sentence of 15 years and a maximum fine of IDR 100 billion.