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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum
Bambang Tri Bawono
Faculty of Law, UNISSULA, Semarang, Indonesia
Law, Crime, Criminology & Criminal Justice

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Juridical Study of Criminal Sanctions for Lesbian, Gay, Bisexual and Transgender Perpetrators in the Conception of Criminal Individualization Bambang Tri Bawono
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 21 No. 2 (2022): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v21i2.3832

Abstract

The purpose of this study is to analyze and find out the urgency of criminal sanctions against the behavior of Lesbian, Gay, Bisexual, and Transgender in the Conception of Criminal Individualization. The type of research used in this study is sociological juridical which is analyzed using qualitative data analysis methods. The results of this study indicate that the actions of Lesbian, Gay, Bisexual and Transgender are regulated in Article 414 of Law no. 1 of 2023 concerning the Criminal Code. In addition, criminal sanctions for same-sex crimes should not be imprisonment, bearing in mind that one of the principles of criminal individualization must look at the conditions and circumstances of the offender.
Questioning the Harmonization of Basic Legal Values in the Diorama of Indonesia's State of Law Thought Bambang Tri Bawono
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 20 No. 2 (2021): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v20i2.3848

Abstract

Radbruch has long discovered three basic values in law, namely the values of justice, expediency, and certainty in law, however, Radbruch has not yet explained the applicability of these three values within the framework of a harmonious system, this in its development has resulted in spannungsverhaltnis between these three values. This paper, which uses a sociological and philosophical juridical method, tries to explain the disharmony of the three basic values of Radbruch's law. Based on various existing studies, it can be seen that Radbruch only divides the three basic legal values partially, not as a unit as a sub-system, therefore the ecosystem in law which is based on Radbruch's three basic values experiences distortion, problems of distortion or spannungsverhaltnis between the three values. This basis can be avoided by creating harmony between these basic legal values through an ecosystem of interrelated legal basic values as a holistic integrated system.
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