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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum
Kaplele, Farida -
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Law, Crime, Criminology & Criminal Justice

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Sentecing Model For Residivists Of Illegal Mineral And Coal Mining Crimes Kaplele, Farida -; Rohrohmana, Basir -; Budiyanto, Budiyanto -
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i2.4265

Abstract

The goal of the current normative research is to investigate how Law Number 4 of 2009 concerning Mineral and Coal Mining (also known as the Minerba Law) applies to the sentencing of recidivist offenders for offenses involving mining minerals and coal. When it comes to dealing with criminal punishments for recidivists who commit crimes related to mining and minerals, there appears to be a complete lack of legislation. This indicates a legal gap that applies to perpetrators who meet the requirements for recidivist status. Since it is governed by Book Two, Chapter XXXI covering Rules for Repetition of Crimes Relating to Various Chapters, Articles 486 to Article 488, the present Criminal Code's position on recidivists is, in theory, not a general norm in this regard. Articles 486 through 488, however, define recidivist as a criminal aggravation for the kinds of criminal crimes included in the established provisions. The criminal punishments found in the Criminal Code correspond to the penalties found in a number of specific criminal legislation that are applied to repeat or recidivist offenders.
Criminological Juridical Review of Traffic Accidents Resulting in Child Deaths Due to Negligence Reviewed from the Perspective of the Juvenile Justice System Rahadian, Dian -; Kaplele, Farida -
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.v21i2.4958

Abstract

The aim of the normative research currently being carried out is to find out how criminologically the occurrence of traffic accidents carried out by children occurs due to negligence or carelessness in driving motorized vehicles. This implementation is regulated in Law Number 22 of 2019 concerning Road Traffic and Transportation as well as the Juvenile Criminal Justice System Law.  The research method used is descriptive analysis which leads to normative juridical legal research, namely research carried out by referring to legal norms, namely researching library materials or secondary materials. Secondary data by processing data from primary legal materials, secondary legal materials and tertiary legal materials. The results of the research show that in the Juvenile Justice System and related to Criminological Science, it is clear that the Juvenile Criminal Justice System Law regulates basic and additional criminal penalties. In relation to the issue of responsibility for a child who is still a minor, this concerns matters of age where he can be held accountable but which are outside the Criminal Code.
Co-Authors Budiyanto, Budiyanto - Dian Rahadian Rohrohmana, Basir -