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INDONESIA
Recidive : Jurnal Hukum Pidana dan Penanggulangan Kejahatan
Published by Universitas Sebelas Maret
ISSN : 24430498     EISSN : 27752038     DOI : https://doi.org/10.20961/recidive.v10i3.58938
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
This Journal aims primarily to facilitate undergraduate students paper over current developments on criminal law issues in Indonesia as well as to publish innovative legal construction of the money laudering law, corruption law,criminology, and financial crimes. It provides immediate open access to its content on the principle that making research freely available to public support a greater global exchange of knowledge.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
 1 
Search results for , issue "vol 2, no 1 (2013): april" : 5 Documents clear
PERAN DARI LEMBAGA PERLINDUNGAN SAKSI DAN KORBAN (LPSK) DALAM PEMERKOSAAN Juwita Panjaitan, Clasina Mutiara; Putri, Ariyani
Recidive : Jurnal Hukum Pidana dan Penanggulangan Kejahatan Vol 2, No 1 (2013): APRIL
Publisher : Criminal Law Section Faculty of Law Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/recidive.v2i1.32018

Abstract

AbstractIndonesia is a State based on law (rechstaat). The statement explicitly listed in the Constitution of the General Explanation of 1945. It is important to state law is the appreciation and commitment to uphold human rights and guarantees all citizens equal before the law (equality before the law).Practice of law enforcement is often tinged with things that are contrary to these principles. For example the persecution of suspects to pursue recognition, intimidation, engineering matters, extortion and so on. Then of the victims also feel their rights are ignored, such as the charges are weak, soft demand, not knowing the handling of the case, does not receive compensation and other rights. Demands need to be given to the protection of witnesses who have information about a crime to make the government along with the House of Representatives managed to devise a law that accommodates the protection of witnesses. Based on the principle of equality before the law which is one characteristic of the rule of law, a witness in the criminal justice process should be given legal protection. Until finally, on August 11, 2006 Law No. diundangkanlah.13 of 2006 on the Protection of Witnesses and Victims. Protection of witnesses in the criminal justice process in Indonesia has not been dealt with specifically. In Article 184 of the Criminal Code has been mentioned that the various items of evidence such as witness testimony, expert testimony, Letters, Instructions and Information defendant. Demands need to be given to the protection of witnesses who have information about a crime to especially make government corruption along with the House of Representatives managed to devise a law that accommodates the protection of witnesses. Based on the principle of equality before the law (equality before the law), which became one of the characteristics of law, a witness in the criminal justice process should be given legal protection. Until finally, on August 11, 2006 Law No. diundangkanlah.13 of 2006 on the Protection of Witnesses and Victims.Although Indonesia has Law No. 13 of 2006 on the Protection of Witnesses and Victims (Law on Witness and Victim Protection) which was enacted on August 11, 2006, but formally this Act is still judged to be maximal in the set of witnesses and victims perlindugan because there are shortcomings here and there. It is not surprising to see emergence of any way this law could stop the process of the discussion in the House about five years and seem only to meet the demands of society .Function of the Witness and Victim Protection Agency (Agency) in the case of human rights violations associated with Law No. 13 Year 2006 on the Protection of Witnesses and Victims. Problems studied are how forms of government protection afforded to victims of rape, other forms of protection provided, the filing mechanism, as well as the things that determine the existence of the Agency.Keywords: Roles, Witness and Victim Protection
KARAKTERISTIK INFORMAL VALUE TRANSFER SYSTEM SEBAGAI FAKTOR KRIMINOGEN TERJADINYA PRAKTEK MONEY LAUNDERING DAN KEGIATAN PEMBIAYAAN TERORISME Damanik, Yosef Darman
Recidive : Jurnal Hukum Pidana dan Penanggulangan Kejahatan Vol 2, No 1 (2013): APRIL
Publisher : Criminal Law Section Faculty of Law Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/recidive.v2i1.31994

Abstract

AbstractInformal value transfer system is a money transfer system that is already operating before the presence of the formal financial system. Remittance system was originally used to facilitate illegal activities, but this time, the system is actually used by criminals to commit money laundering and financing of terrorism. Characteristics possessed by money transfer system has made this system as a factor contributing to the crime of money laundering and financing of terrorism committed by criminals.Keywords: informal value transfer system, money laundering, financing of terorism.
DISPARITAS PEMIDANAAN DALAM PASAL 81 UNDANG-UNDANG NOMOR 23 TAHUN 2002 TENTANG PERLINDUNGAN ANAK (Studi di Pengadilan Negeri Sukoharjo dan Pengadilan Negeri Boyolali) DISPARITY OF SENTENCING IN ARTICLE 81 ACT NUMBER 23 OF 2002 ON CHILD PROTECTION (Researched In Sukoharjo District Court And Boyolali District Court) Dwi Kurniawan, Deny; Purnama, Galuh Indra
Recidive : Jurnal Hukum Pidana dan Penanggulangan Kejahatan Vol 2, No 1 (2013): APRIL
Publisher : Criminal Law Section Faculty of Law Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/recidive.v2i1.32010

Abstract

AbstractDisparity of sentencing is not the same application on the same criminal act, it can be bad if the defendant or the victim comparing him with the decision handed down the same verdict yet another different decision,it is getting worse if the victim or the defendant is a child, particularly in the crime of child rape.Children should receive special treatment in the law because the child has a psychological condition that is less prepared to face severe criminal sanctions and different from the same decision but a different verdict .In this journal the authors conducted a study using interviews with judges who had handled the child rape cases committed in the District Court and Boyolali Sukoharjo to discover how the disparity can occur in the criminal offense of child rape and efforts to address disparities criminal onset.Keywords: Disparities criminal,Child rape, Punishment of Article 81 of Law No. 23 of 2002.
KAJIAN HUKUM PIDANA TERHADAP TINDAK PIDANA PEMBUNUHAN TERENCANA DISERTAI PEMERKOSAAN SEBAGAI CONCURSUS REALIS (Studi Putusan Pengadilan Negeri Surabaya No. 1379/Pid.B/2005/Pn.Sby) Purba, Purwanto; Santoso, Oki Budi
Recidive : Jurnal Hukum Pidana dan Penanggulangan Kejahatan Vol 2, No 1 (2013): APRIL
Publisher : Criminal Law Section Faculty of Law Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/recidive.v2i1.31996

Abstract

AbstractThat this research aims to determine the application of the concursus setting in rape and murder crime in Case Decision No. 1379/Pid.B/2005/PN.Sby and consideration of the judges in criminal of murder that preceded the crime of rape in Case Decision No.1379/Pid.B/2005/PN.Sby.The research method used in the writing of this law are as follows: type of normative research, the nature of prescriptive research, case study approach, qualitative research methods, data analysis techniques to the deduction method, the collection of legal materials to the library and the secondary legal materials (text books written by legal experts, law journals, opinions of scholars, scientific works, papers, and magazines), tertiary legal materials (dictionaries and the Internet), and legal research sources of primary legal materials consist of legislation, record- official records or minutes in the making of legislation and the decisions of judges and secondary legal materials in the form of all the publicity about the law that are not official documents. Publication of the law include text books, law dictionaries, law journals, and the comments of the decision by the court.Based on this research can be concluded, the crime of rape with homicide is an act of deed unison. Rape as a criminal offense under Article 285 of the Criminal Code is: “ Whoever by force or by threat of force a woman not his wife have intercourse with him, because of rape, shall be punished with imprisonment for twelve years”. Element behavior “taking the life” of others, show that the crime of murder is a substantive criminal offense, which is a criminal offense that prohibits certain consequences (as a result of prohibited or due to constitutive / constitutief gevolg). Judge’s decision is in conformity with the act of deed unison (Concursus Realist or Meerdaadse Samenloop). Because the deed is done by unison with continuing act the decision imposition was already in accordance with the concepts and theories of criminal law and in accordance with concursus that is the basis for consideration. The judge in the decision of justice in Case Decision No. 1379/Pid.B/2005/PN.Sby he decided by a panel of judges with a second charge then it is true that the Public Prosecutor to use Article 340 of the Criminal Code article 338 of the Criminal Code subsidiary; Article 285 of the Criminal Code; Article 2 paragraph (1) of Law No. 12 of 1951.Keywords: Rape, Murder, Deeds Unison.
TINJAUAN HUKUM PIDANA TERHADAP TINDAK PIDANA PENYALAHGUNAAN NARKOBA OLEH ANGGOTA MILITER (Studi Putusan Pengadilan Militer III-13 Madiun Nomor: 09-K/PM.III-13/AD/II/2012) Hima Y.P, Candra; Puspaningtyas, Siska
Recidive : Jurnal Hukum Pidana dan Penanggulangan Kejahatan Vol 2, No 1 (2013): APRIL
Publisher : Criminal Law Section Faculty of Law Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/recidive.v2i1.32008

Abstract

AbstractFlourishing drug offenses even actors as if do not want to know if there are criminal sanctions that would accompany the military is no exception. Military members who commit drug crimes, other offenses sentenced based on Narcotic Law, Military Court judge can impose additional punishment in the form of dismissal from military service or demotion. The research method used here is a normative legal research methods that use secondary data types. Secondary data obtained through the study of literature, such as a legal instrument in the form of legislation, books, publications of various organizations, reports and documents relating to the matter under investigation. Consideration of the results of research in military judge dropped criminal charges against the doers do not consider the amount of evidence, but considering the quality (class of drugs) and evidence that the defendant possessed narcotics offenses. Should the number of items of evidence to be considered in imposing the severity of criminal charges against the doers and not just because of the evidence obtained belong to one particular class of drugs.Keywords: crime, drugs, military

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