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All Journal Jurnal Ilmu Hukum The Juris
Marpaung, Aldi Yosep
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Law, Crime, Criminology & Criminal Justice

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PENERAPAN PASAL MENGUNTUNGKAN TERPIDANA Marpaung, Aldi Yosep; Haryanto, Muh
The Juris Vol. 8 No. 2 (2024): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v8i2.1278

Abstract

This article discusses the benefits for convicts in the context of changes to statutory regulations which state that the convict’s actions are no longer a criminal. As stated in Article 3 paragraph (4) of the new Criminal Code. So, how can the material law like Article 3 paragraph (4) of the new Criminal Code be implemented? Based on normative research through qualitative methods and normative juridical approaches, the author will answer this question through several considerations of mechanisms as an effort taken by convicts through judicial review, cassation for legal purposes, clemency, and amnesty. Judicial review, cassation for legal purposes, and clemency will be considered as petition efforts from convicts regarding the implementation of Article 3 paragraph (4) of the new Criminal Code. Meanwhile, amnesty will be considered as an effort from the community or the government's intention in implementing Article 3 paragraph (4) of the new Penal Code.
PENERAPAN PASAL MENGUNTUNGKAN TERPIDANA Marpaung, Aldi Yosep; Haryanto, Muh
The Juris Vol. 8 No. 2 (2024): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v8i2.1278

Abstract

This article discusses the benefits for convicts in the context of changes to statutory regulations which state that the convict’s actions are no longer a criminal. As stated in Article 3 paragraph (4) of the new Criminal Code. So, how can the material law like Article 3 paragraph (4) of the new Criminal Code be implemented? Based on normative research through qualitative methods and normative juridical approaches, the author will answer this question through several considerations of mechanisms as an effort taken by convicts through judicial review, cassation for legal purposes, clemency, and amnesty. Judicial review, cassation for legal purposes, and clemency will be considered as petition efforts from convicts regarding the implementation of Article 3 paragraph (4) of the new Criminal Code. Meanwhile, amnesty will be considered as an effort from the community or the government's intention in implementing Article 3 paragraph (4) of the new Penal Code.
Co-Authors Haryanto, Muh