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This research adopts a constructivist paradigm, emphasizing the interaction between legal norms and the values held by stakeholders. Philosophical analysis of law is employed to delve into this interaction and understand its application in the Indonesian legal context. The research findings indicate that the normativity of customary law is significantly influenced by the principle of material legality in the Criminal Code. Customary law is recognized to a certain extent within the national legal system, but tension between being more formal and customary law often exists. The constructivist paradigm helps reveal these dynamics by emphasizing the importance of dialogue and interpretation in legal application. The study concludes that customary law holds an important position within Indonesia's legal system despite challenges in its application. Recognition of customary law needs to be enhanced through more inclusive policies and intensified dialogue between formal and customary law. The paradigmatic analysis provides valuable contributions to understanding the complexity of customary law normativity within the Indonesian legal system. [ABSTRACT FROM AUTHOR]

Indonesia has legalized abortion under certain conditions, such as pregnancy resulting from rape, through Government Regulation No. 28/2004. This policy has sparked heated debate because it contradicts the principle of protecting the right to life of the fetus. This study aims to provide a complex overview of the issue of abortion in Indonesia and its implications for human rights. The method used is normative legal research. This research is conducted by examining library materials or secondary data. The two approaches used are a statutory approach related to the legal issue of abortion and a conceptual approach to examine the medical legal understanding of abortion due to rape. Cases of sexual violence and rape in Indonesia are still high. In 2023, Komnas Perempuan recorded 2,078 cases of sexual violence, of which 143 were rapes. Abortion, in this context, is often used as a solution to address unwanted pregnancies. This research shows that while Government Regulation No. 28 of 2024 provides legitimacy to abortion, it is still contrary to the right to life of the fetus guaranteed by law. While abortion is considered a violation of the right to life, this policy is also considered a protection for women victims of sexual violence. Despite arguments to protect women's rights, the right to life of the fetus as a non-derogable right should not be ignored. Therefore, there needs to be a review of this regulation to ensure that all human rights, including the right to life of the fetus, are optimally protected. [ABSTRACT FROM AUTHOR]

Indonesia is a country of law as stipulated in the 1945 Constitution Article 1 Paragraph 3. The law must be the highest reference in public life, ensuring that everyone is treated equally without discrimination. The purpose of this research is to find out the Implementation of the Criminal Code Against Treason Crimes. The research method used in this study is a normative research method, which takes data based on literature. The results obtained in this study are that criminal law is used to overcome crime and is divided into material criminal law and formal criminal law. Even though regulations exist, violations such as treason crimes that threaten the state still occur. The Criminal Code regulates the crime of treason as a formal offense, where the consequences of the crime are not required to be punishable. Inaccuracies in interpreting the concept of treason can threaten democratic rights. Therefore, a clear formulation of the crime of treason is needed so that law enforcement does not act repressively. Various interpretations of the article of treason have led to differences in its application, as seen in the case of Jhon Bless and Ethus Paulus Miwak Kareth. This misinterpretation points to the need for a more restrictive definition of treason to protect human rights. [ABSTRACT FROM AUTHOR]

AbstractThis study examines the harmonization of criminal law with societal socio-cultural aspects, elucidating the pursuit of substantive justice at normative and theoretical levels. Achieving concordance between legal norms and community culture necessitates comprehensive law reform – an imperative alternative, particularly for nations with legal histories shaped by foreign legal traditions. Focusing on the evolution of Indonesian criminal law post the enactment of the New Criminal Code, this research unveils fundamental shifts in values, norms, and paradigms. The transition from colonial legal substance to a modern, authentic framework is evident in articles implicitly prioritizing substantive justice, aligning with Indonesia’s philosophy and socio-cultural values. Over time, Indonesia has phased out colonial law, integrating living law into the national legal fabric. The paradigmatic shift, aimed at infusing Indonesian law with a distinctive national character, presents conditions, advantages fostering substantive justice, and challenges in formulation and implementation. Despite complexities, the 63-year process of drafting the New Criminal Code has yielded profound results, enhancing the legal system. This transformative journey signifies a deliberate departure from colonial legal paradigms, embracing a framework resonating with Indonesian values. The shift underscores Indonesia’s commitment to substantive justice and resilience in overcoming challenges tied to legal reforms.

The current criminal code has been in force in Indonesia since 1918. Indonesia formulated criminal law reform in 1963 and in 2023, a law on the national criminal code was issued. The spirit of the Indonesian criminal code is reformative, progressive, and responsive to changes to the law. One of the strengths of criminal law is regulating criminal law from the perspective and achievement of justice to repair and restore the situation after the event and judicial process known as restorative justice. The desire to strengthen restorative justice programs takes a long time and is complicated. This research aims to analyze the development of the concept of social reintegration through the application of restorative justice in the criminal justice process. This research was conducted qualitatively using secondary data and doctrinal legal study methods. The results showed that changes in criminal law arrangements caused opinion differences since restorative programs are widely used as a substitute for traditional and retributive approaches. The application of restorative justice in national criminal law must be implemented. Social reintegration in the implementation of restorative justice as regulated in the Criminal Code can be successful through commitment and collaboration between the community, government and law enforcement officials

This study aims to examine the elements of criminal acts of decency on social media, as well as comprehensively discuss policies and law enforcement against perpetrators of criminal acts of decency. This type of research is normative juridical with a descriptive-analytical approach discussing existing legal symptoms and problems, and testing them aware of laws and legal norms. The results of this study show that the elements of criminal acts of decency on social media as regulated by Article 281 of the Criminal Code are: whoever, intentionally, in public, distributes, distributes or transmits content that violates decency refers to the object of action in the Pornography Law. Policies and law enforcement against perpetrators of criminal acts of decency include penal policies regulated in Law Number 19 of 2016 concerning Electronic Information and Transactions, Law Number: 44 of 2008 concerning Pornography, and criminal acts of decency regulated by the Criminal Code. Non-penalty policy: supervision of sites or content on social media that contain moral content, understanding religious values from an early age, increasing healthy internet understanding, and parental supervision of minors in using social media/internet

This research examines the legal approach to abortion in Indonesia, focusing on the significant conflict between the Indonesian Criminal Code's provisions on abortion and the stance of the Reproductive Health Law. The study aims to understand the implications of this legal contradiction on women's reproductive health and rights, and propose potential solutions to harmonize the legal framework. It employs a comparative legal analysis method, investigating the origins, interpretations, and effects of the respective laws, with data collected from legal documents, scholarly articles, and databases. The findings reveal that the existing legal contradiction potentially contributes to unsafe abortion practices, leading to adverse health consequences and undermining women's rights. The study proposes amendments to align the Criminal Code with the Reproductive Health Law, policy reforms, and cultural initiatives based on international best practices and scholarly recommendations. The research emphasizes the need for comprehensive reproductive health services that respect women's rights and protect their health, thereby advocating for a safer and more inclusive environment in Indonesia. [ABSTRACT FROM AUTHOR]

Witchcraft is a fascinating subject on which many volumes continue to be published. But not in Canada. This article stands in contrast to earlier Canadian pieces on witchcraft whose primary goals were to prove that the witchcraft provision marginalized women and to encourage legislators to repeal it. Parliament finally repealed the Canadian witchcraft prohibition in 2018. The moment is thus ripe to ask how—and why—this legislative oddity migrated from England into Canada. The first section of the paper considers the religious origins of the witchcraft prohibition in England and how it made its way into the Canadian Criminal Code. The second section explores how the prohibition evolved from one against unwanted spiritual practices to one against unwanted economic practices. The last section of the paper considers how witchcraft morphed into a viable Charter defence based on freedom of religion and why the prohibition against it was eventually repealed. In conclusion, the article reflects on the peculiar trajectory of witchcraft in Canada and what it might suggest not only about Canadian criminal law, but also about broader Canadian society. Résumé: La sorcellerie est un sujet fascinant sur lequel de nombreux travaux continuent d'être publiés. Au Canada, ce sujet n'a toutefois pas fait l'objet de publications récentes. De ce fait, cet article se distingue des articles canadiens plus anciens sur la sorcellerie; articles dont les principaux objectifs étaient de prouver que la disposition sur la sorcellerie marginalisait les femmes et d'encourager plus largement les législateurs à abroger cette disposition. Le Parlement a finalement abrogé l'interdiction de la sorcellerie au Canada en 2018. Le moment est donc venu de se demander comment – et pourquoi – cette bizarrerie législative avait migré de l'Angleterre vers le Canada. Pour y arriver, la premiére section de l'article examine les origines religieuses de l'interdiction de la sorcellerie en Angleterre et la façon dont elle avait été introduite dans le Code criminel canadien. La deuxiéme section étudie l'évolution de l'interdiction qui avait muté d'une interdiction contre les pratiques spirituelles indésirables à une interdiction contre les pratiques économiques indésirables. La derniére section de l'article examine comment la sorcellerie s'était transformée en un moyen de défense constitutionnel fondé sur la liberté de religion et pourquoi l'interdiction qui la concernait a finalement été abrogée. En conclusion, l'article propose une série de réflexions sur la trajectoire particuliére de la sorcellerie au Canada et sur les constats qu'elle peut révéler sur le droit criminel canadien et plus largement sur la société canadienne dans son ensemble. [ABSTRACT FROM AUTHOR]

In this article, the author deals with criminal offenses against the environment, space, and natural resources in the Slovenian Criminal Code. The Criminal Code of the Republic of Slovenia includes the following criminal offenses against the environment, space and natural goods: burdening and destroying the environment, pollution of the sea and waters by vessels, illegal handling of nuclear or other radioactive materials, pollution of drinking water, pollution of foodstuffs or livestock feed, illegal occupation of land, destruction of plantations using harmful means, destruction of forests, torture of animals, illegal hunting, illegal fishing, illegal handling of protected species of animals and plants, transmission of infectious diseases in animals and plants, production of harmful means for treating animals and negligent provision of veterinary assistance. The author is aware that criminal law is the last and least suitable tool for environmental protection, because criminal proceedings are initiated only when protected legal goods have already been damaged. For this reason, the author believes that greater attention should be paid to prevention - it is better to prevent than to punish. Despite this, due to the importance of protected legal assets, criminal law protection of the environment and natural goods is also needed.

The Criminal Code of the Republic of Serbia recognizes individuals as perpetrators of offenses against the Serbian Armed Forces in a manner that, although linguistically similar to the way relationships are determined within the Serbian Armed Forces and the Ministry of Defense, fundamentally differs from the definitions provided by the Law of the Serbian Armed Forces. This may pose a challenge for authorized individuals leading criminal proceedings, as they often lack sufficient knowledge of the organization of the Serbian Armed Forces and struggle with its numerous regulations. The issue of legally defining individuals designated as perpetrators of criminal offenses by the Criminal Code is therefore explored through the method of content analysis and a comparison of regulations and broader scientific literature. According to the Criminal Code of the Republic of Serbia, individuals designated as perpetrators of criminal offenses against the Serbian Armed Forces include: military personnel; military superiors; subordinates; officials performing border duties; warehouse manager; citizen of Serbia; commander of a warship; member of a warship's crew; and member of a military aircraft crew. Through further analysis of the content of the regulations of the Serbian Armed Forces, clear definitions are provided for individuals such as subordinates, warehouse managers, citizens of Serbia, and members of a military aircraft crew in all comparative laws and regulations. Minor terminological deviations arise in the definition of the concept of military personnel, while some other subjects are significantly differently defined in the mentioned regulations (such as military superiors, who are actually individuals with the functional duty of a superior; officials performing border duties, who, since 2007, fall under the jurisdiction of the Ministry of Internal Affairs and cannot commit criminal offenses against the Serbian Armed Forces; or the commander of a warship and a member of a warship's crew, who can only be found on a military vessel).

If one or more criminal laws have intervened from the commission of the crime to the final judgment of the case, the most favorable law shall be applied. When the previous criminal law is more favorable, the complementary punishments that have a counterpart in the new criminal law are applied in the content and limits provided by it, and those that are no longer provided in the new criminal law are no longer applied. The Criminal Code regulates only the situation between the commission of the crime and the final judgment of the case. If a change in the conditions of incrimination or prosecution that would lead to impunity would occur after the final judgment was pronounced, during the execution of the sentence or after execution, when it still produces certain consequences, the respective convicts would not be able to benefit from the application of the criminal law under the legal basis. Understanding the criminal law in a broad sense, as a norm that includes not only the norms that provide for criminalization and punishment, but all kinds of criminal norms, as well as those extra-criminal norms that the criminal law refers to and which have an impact on incrimination, criminal liability or punishment in the sense that they can remove, aggravate or mitigate them. To be justiciable does not only mean to answer before the court for the committed act, but also to benefit from a more favorable criminal law, so that a balance is established between criminal liability and the need to reintegrate into society a suspect/defendant/convict for the smooth running of an open society. [ABSTRACT FROM AUTHOR]

Abortion, which we often know as the act of aborting a pregnancy, is basically an act that is prohibited in Indonesia. In the Criminal Code, regulations regarding abortion are included in the chapter on crimes against life. Abortion is still a debate for groups that adopt pro-life and prochoice ideology. The increasing maternal mortality rate, the International Conference on Population and Development in Cairo, 1994 and the Fourth World Conference on Women in Beijing, 1995 made efforts to maintain women's reproductive health, as well as reduce the practice of illegal abortions which were carried out unsafely and were not carried out. by professional medical personnel. This reason then gave rise to an exception to the prohibition on abortion, namely in Article 75 paragraph (2) of Law Number 36 of 2009 concerning Health, which states that abortion may be carried out for reasons of medical emergency indications and pregnancy due to rape. [ABSTRACT FROM AUTHOR]

The scientific article is devoted to the analysis of certain provisions of the draft of the new Criminal Code of Ukraine aimed at regulating legal relations in the field of combating criminal offenses against the environment. Based on the analysis of scientific publications related to the reform of criminal legislation, attention is focused on the expediency of improving the system of combating environmental crime, adapting the national Criminal Code of Ukraine to the requirements of the European Union and achieving compliance with its requirements and goals. A scientific study of the content of the fifth and sixth Books of the Project, which are an attempt to normalize legal relations in the field of criminal and legal protection of the environment, was carried out. Arguments are given regarding the expediency of adjusting the structure and content of the Project’s prescriptions in connection with the different location of individual norms of its Special Part, united by a common generic object. In particular, an opinion has been developed regarding the separation of the Book on criminal offenses against the environment, which should include the chapters devoted to criminal offenses against environmental safety and criminal offenses against the order of use and protection of natural resources placed in other Books of the Project. In addition, based on the results of the research, the need to determine the most appropriate name for the corresponding section of the future criminal law, which would take into account the content and meaning of the terms “Criminal offenses against nature and environmental safety” used in it, which characterize primarily the generic object of criminal offenses in the studied sphere It is noted that certain actions provided for by the Project are of a “complex” nature and may encroach both on relations against environmental safety and on the procedure for using the state’s natural resources, while directly or indirectly affecting public health. It has been proven that such a subsection of the Special Part of the future Criminal Code of Ukraine should contain both criminal offenses against environmental safety and torts against nature (the surrounding natural environment), which are actually equated with criminal violations against the order of use of natural resources. [ABSTRACT FROM AUTHOR]

Copyright of Crimen: Journal for Criminal Justice is the property of University of Belgrade, Faculty of Law and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

he notion of multiple offenses is regulated by the current Criminal Code in Title II concerning the offense, Articles 38-45, and encompasses three forms: the concurrence of offenses, recidivism, and intermediary plurality. Among these forms, recidivism is regulated by Article 41 of the Criminal Code. According to this article, "recidivism occurs when, after a final conviction to a prison sentence of more than one year and until rehabilitation or the expiration of the rehabilitation term, the convict commits a new offense with intent or aggravated intent, for which the law prescribes a prison sentence of one year or more. Additionally, recidivism also occurs when one of the penalties is life imprisonment." (Florin Streteanu, 2010). The issue of recidivism generates interest in the current landscape due to the enormous expenses incurred by the justice system in this regard and the consequences this phenomenon has on society. The public perception of recurring criminal behaviors and prolonged sentences is associated with a reduction in the chances of social reintegration for inmates. [ABSTRACT FROM AUTHOR]

This article deals with an important category of criminal sanctions: safeguards. The fundamental institution of criminal law, criminal sanctions, are nothing more than the effect of criminal liability, this in turn being the legal consequence of committing the crime. Within the framework of criminal sanctions, an important category is safety measures. The defense of society against crimes could not be effectively ensured if only the application of punishments, however severe they may be, both in duration and in the mode of execution, were used for this purpose. The crime must be examined in relation to the man who committed it, and not isolated as an abstract notion, without any connection to social life, and the criminal treatment to be applied must take into account everything that characterizes the person of the perpetrator as described it shows in the present and how it is shaping up in the future. When an act provided for by the criminal law is committed, the investigations carried out in the respective case sometimes reveal, in addition to the gravity of the respective act, some situations, some realities that reveal a danger for the future in terms of the commission of other crimes. In order to solve these "dangerous situations" safety measures were found as a solution. [ABSTRACT FROM AUTHOR]

Copyright of Eudaimonia - Journal for Legal, Political & Social Theory & Philosophy is the property of University of Belgrade, Faculty of Law and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Studies in Politics & Society / Polityka & Społeczeństwo is the property of University of Rzeszow and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Derecho Penal y Criminologia is the property of Universidad Externado de Colombia, Departamento de Derecho Penal y Criminologia and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The intervention of political power based on the facts of law enforcement can affect responsive and conservative patterns in the formation of legal products, indicating that certain political situations can produce legal products that are in accordance with their political nature, including in the formation of the new Criminal Code which has become a public concern in Indonesia. This research aims to provide a deeper understanding of the relationship between political structure and the development of criminal law in Indonesia. The method used in collecting legal materials in this research is carried out using library research, namely by using archival review techniques or literature studies of books, journals, articles, theses or works of experts related to the research conducted. The results of this study show that in the current reform era, political configuration has a dominant influence on the structure and substance of law. Political power plays a key role in the formation of laws, where the interests of certain groups often dominate the resulting policies. Legal products are often used as a means of justifying power policies, even though they may contradict the values of public justice and are no longer in accordance with Indonesia's cultural dynamics.

Despite the fact that military actions on the territory of Ukraine have been ongoing since year 2014, the negative consequences of which have been the destabilization of the political situation in the country and destructive processes in many spheres of life that caused the need for a complex solution including a legislative one by way of problematic issues that arise in connection with the implementation of criminal proceedings in the conditions of emergency, which drew attention in the scientific literature, the criminal and procedural legislation, unfortunately, turned out to be not ready for effective criminal proceedings in the conditions of martial law, which required prompt introduction of changes for the proper functioning of the entire criminal system of justice.

Medical care and services in accordance with the rules and standards accepted by medical science are the moral and legal duty of the physician or any health worker. The set of legal norms as institutional mechanisms that regulate the rights and responsibilities of medical professionals and their patients is the main field of this research. The article aims to present the concept and importance of the research and development of medical law in the Republic of Kosovo. The purpose of the research is to make the connection between the provisions of medical law and the field of gynecology due to the violation of the rights of patients as well as the hesitation or lack of will in reporting such cases. The theoretical method was used for data collection, with which previous studies on medical law were consulted. The statistical method was used to present the number of induced abortions in the Department of Gynecology in Pristina. The interview method was used for the purpose of collecting data that refer to practical cases where physicians may have acted in violation of the law, as well as the presentation of those situations when, due to a serious health condition, they undertook medical actions without consulting with the patient or family members. The research indicates that the Criminal Code of the Republic of Kosovo has incorporated irresponsible medical treatment and failure to provide medical assistance as criminal offenses that are closely related to the exercise of professional medical duties and responsibilities. In the Republic of Kosovo, elective termination of pregnancy is allowed at the will of the woman who is of adult age, while termination of pregnancy with the motive of choosing the gender of the fetus is prohibited. Elective termination is permissible until the end of the tenth week of pregnancy.

With the advent of new forms of interaction, virtual goods and services, a new field for committing offences in the field of virtual assets turnover is emerging. This encourages scientists and law enforcement agencies to actively research this area and develop effective mechanisms to respond to emerging challenges that have not yet been properly reflected in legislation. The purpose of this study was to explore the issue in depth by analysing specific offences related to virtual assets, including but not limited to theft, fraud, corruption, and tax evasion. The methods of scientific cognition employed for the study include analysis of legal regulation, modelling methods, analogies, systemic and structural, comparative legal, as well as methods of scientific abstraction and generalisation. Based on the results of the study, the study identified the main types of offences in the field of virtual assets and unifies them. The study identified the shortcomings in the current legal regulation that contribute to these problems. Proposals were formulated for amendments to the Criminal Code of Ukraine regarding the qualification of new types of offences committed in the field of virtual assets turnover based on research of current trends, international practices, and analysis of the current state of Ukrainian legislation. The study also showed that the available legal instruments often fail to ensure adequate detection and prosecution of new forms of offences, which makes it necessary to reform legislation to adapt to the current dynamic environment. The practical significance of this study was to identify the current problems of legal regulation of the circulation of virtual assets, and to develop recommendations for improving the qualification of offences in this area

According to the legislation, one of the priority purposes of the criminal trial is that the person guilty of committing the crime is punished according to their guilt. Criminal liability is an ineluctable consequence of the commission of a crime. However, we cannot consider this harsh rule to be absolute, which is why the legislator, guided by the principle of humanism, has foreseen certain situations when the perpetrator can be liberated of criminal responsibility. The exemption from criminal liability is the release of the person who committed a crime, that has therefore lost its prejudicial degree under circumstances provided by the criminal law. One form of exemption from criminal liability is conditional release. This study is dedicated to the regulatory and interpretation aspects of the institution of termination of criminal proceedings at the stage of criminal prosecution under conditional release.

The Criminal Code is an important legal instrument in building the criminal justice system in Indonesia. In accordance with the times, the government enacted Law No. 1 of 2023 on the Criminal Code (National Criminal Code) as a replacement for the old Criminal Code (Law No. 1 of 1946). In the formation of Law No. 1 of 2023, there is a role of legal politics in order to create regulations that are in accordance with the conditions of the Indonesian nation. This study aims to determine the role of legal politics in the formation of Law No. 1 of 2023. The research method used in this research is normative juridical research method using statutory approach, case approach, comparative approach, conceptual approach. The results of this study show that legal politics plays an important role in the formation of Law No. 1 of 2023, where legal politics plays a role in determining the direction of policies regulated in the National Criminal Code relating to recodification of criminal law, democratization of criminal law, consolidation of criminal law, and adaptation/harmonization to changes in the punishment system.

Human trafficking is a global human rights violation, constituting a severe criminal offense that disproportionately affects women and children. Albania, located in Southeastern Europe, has not been immune to this issue. In this paper, we explore the legal provisions and efforts made by the Albanian government to counteract the trafficking of women and children, shedding light on the nation's commitment to addressing this concern. This scientific work delves into the issue of human trafficking, with a specific focus on the trafficking of women and children in the Republic of Albania. It reviews the existing legal provisions aimed at combating trafficking in persons and highlights the challenges and ongoing efforts in addressing this concern. By analyzing the legal framework, law enforcement mechanisms, and recent developments, this article provides an in-depth overview of the situation in Albania. [ABSTRACT FROM AUTHOR]

Copyright of Journal of Soochow University Law Edition is the property of Soochow University and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The phenomenon of domestic violence is as old as humanity itself, but legal protection against violence both internationally and nationally begins to be provided very late. In the Republic of North Macedonia, until 2004, there was no legal protection of victims of domestic violence, nor was adequate sanctioning of perpetrators. Only since 2004, with the amendments and additions to the Criminal Code in the criminal sphere, and the Law on the Family in the civil sphere, the phenomenon of domestic violence began to receive due legal attention, with the application of provisions for the sanctioning of perpetrators and temporary measures protection for victims.

Abstract One of the state's efforts to eradicate corruption is to draw up a Bill on Asset Write-off, in which there is the regulation regarding the concept of Non-Criminal-Based Asset Write-off, which this concept can be called "Writing Without Punishment". The purpose of this writing is to find out how the concept of Non-Conviction Based Asset Forfeiture "Forfeiture Without Criminalization" can overcome corruption cases. Then to know how the human rights of the perpetrators whose assets are seized all by the state, doesn't every human being have the right to defend what they are entitled to. The method used by the author is the normative juridical method. These things are the general description of In this study, it was concluded that "Non-Conviction Based Assets" Forfeiture (NCB)" in the case of confiscation of assets resulting from criminal acts of corruption intends to maximize efforts to restore / recover assets (asset recovery) for state treasury losses are for the benefit of justice with the whole community, and the mechanism does not violate Human rights are based on the barrier between the rights to property as defined regulated in "Article 28G of the 1945 Constitution of the Republic of Indonesia. Keywords: Non-Conviction Based Asset Forfeiture; Corruption; Criminal Code. Abstrak Salah satu upaya negara memberantas korupsi adalah dengan lahirnya Rancangan Undang-undang Penghapusan Aset, yang didalamnya terdapat pengaturan mengenai konsep Penghapusan Aset Berbasis Non-Pidana yang konsep ini dapat disebut dengan "Penghapusan Tanpa Hukuman". Tujuan dari penulisan ini adalah untuk mengetahui bagaimana konsep Penghapusan Aset Berbasis Non-Pidana "Penghapusan Tanpa Kriminalisasi" dapat mengatasi kasus korupsi. Kemudian untuk mengetahui bagaimana hak asasi manusia dari pelaku yang asetnya disita seluruhnya oleh negara, bukankah setiap manusia berhak membela apa yang menjadi haknya. Metode yang digunakan oleh penulis adalah metode yuridis normatif. Hal-hal tersebut merupakan deskripsi umum dalam penelitian ini, dinyatakan bahwa "Penghapusan Aset Berbasis Non-Pidana" dalam kasus penghapusan aset yang dihasilkan dari tindakan kejahatan korupsi bermaksud memaksimalkan upaya untuk memulihkan / mengembalikan aset (pemulihan aset) untuk kerugian kas negara demi kepentingan keadilan bersama masyarakat, dan mekanisme tersebut tidak melanggar hak asasi manusia yang didasarkan pada penghalang antara hak atas properti yang diatur dalam "Pasal 28G Undang-Undang Dasar Negara Republik Indonesia Tahun 1945". Kata kunci: Non-Conviction Based Asset Forfeiture; Korupsi; Hukum Pidana.

The involvement of intellectual actors in criminal cases generally goes unpunished and does not receive much attention in academic studies. Positive law in Indonesia and Islamic law have clear provisions regarding punishment for criminal acts committed by intellectual actors, especially in cases of murder. Therefore, the article aims to understand the position of intellectual actors in murder cases in Islamic law and positive law. In Islamic law, the intellectual actor could receive the death penalty. Similarly, in the positive law, the death penalty could also be applied to the intellectual actor of murder cases. This case of murder provides an important illustration of how Islamic law is, to a certain extent, accommodated in positive law in Indonesia. By examining primary and secondary sources on the issue of these intellectual actors in Islamic law (fiqh literature) and positive law (Kitab Undang-undang Hukum Pidana, KUHP), this article comparatively discusses the similarities and differences between Islamic law and positive law in providing legal opinion for intellectual actors in murder cases.

Undoubtedly, one of the leading movements at the global level in the past few decades was the movement for the global and intensive protection of the human environment, that is, the affirmation of the right of man to a healthy environment, as a distinct right. Bearing in mind the importance of a healthy environment and the importance of its protection, which has grown from a social need into a legal imperative, it is certainly justified to establish the environment as an independent and primary collective object of protection within the domestic criminal legislation. Taking into account the tendencies on the international and comparative level regarding the regulation of the criminal law protection of the environment, the domestic legislator dedicates an entire chapter of the Criminal Code precisely to incriminations that have the environment as an object of protection, in various forms. As the first offense provided for in Chapter 24 i.e., Criminal offenses against the environment, the legislator defines the general and most significant criminal offense from the group of criminal offenses against the environment, namely, Environmental pollution. This paper is dedicated to the analysis of this criminal offense in domestic criminal legislation, with reference to individual solutions contained in the legislation of the Republic of Croatia and pointing out their differences.

The article examines the issue of the specifics of the criminal law protection of pharmaceutical activity in the circulation of medicinal products in acts of foreign criminal legislation. The author proposes to single out the most typical types of criminal offenses that encroach on pharmaceutical activity depending on the typical types of "impact" of pharmaceutical activity, namely when ensuring various stages of trade and other circulation (turnover) of medicinal products and other items of pharmaceutical activity. The author conducts a thorough review of the criminal legislation of such countries as the Federal Republic of Germany, the Republic of Austria, the Swiss Confederation, the Kingdom of Spain, the Republic of Estonia, the Republic of Poland, Turkey, Romania, the Republic of Kazakhstan, the Kyrgyz Republic, the Republic of Uzbekistan, the Republic of Moldova, the Republic of Tajikistan and the Republic of Azerbaijan. Such acts of criminal legislation are analyzed from the point of view of the scope of criminal legal protection of the sphere of circulation of medicinal products and in relation to the norms defined in the criminal legislation of Ukraine. The article notes that the provisions of acts of foreign criminal legislation establish typical and atypical types of criminal offenses that encroach on pharmaceutical activity as an independent object of criminal law protection. The author's attention is drawn to the fact that acts of foreign legislation define both a more "broad" and a smaller ("narrow") scope of criminal offenses of a specific type. And in separate acts of foreign criminal legislation, the concept of illegal medicinal products trafficking as an independent type of criminal offense is defined in different ways. It is noted that the conducted comparative legal research demonstrated that the most complete scope of criminal legal protection of circulation of medicinal products and circulation of medical devices as elements of pharmaceutical activity is presented in the German and Swiss "models" of criminal legal protection. These models of criminal law protection received a detailed review and analysis, due to the detailed provisions of the criminal legislation of the Federal Republic of Germany and the Swiss Confederation. [ABSTRACT FROM AUTHOR]

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Convenience freedom argues with dependence on technology brings the development of new types of crime that as appearance speech hatred or hate speech that is done on social media either from typing as well as videos. such things, if not arranged more continue so, would be very worrying, society will not be off bounds and will raise inconvenience or feeling offended at someone or a group certain. The article will discuss How law criminals looked at criminal speech hatred or this hate speech and will also discuss what is the proof system in following criminal speech hatred. The method used to study which normative law is enforced with the method of researching material libraries and approaches used is approach related legislation with follow criminal speech hate. Results and discussion obtained If We see in the Criminal Code and regulations other legislation already explained several articles that can be imposed on someone who does speech hatred or hate speech. Articles that regulate action about Speech Hatred to a person, a group, or institution based on a Circular Letter National Police Chief No: SE/06/X/2015 contained inside Article 156, Article 157, Article 310, Article 311, then Article 28jis. Article 45 paragraph (2) of Law Number 19 of 2016 concerning information and transactions electronics and Article 16 of Law No. 40 of 2016 concerning deletion of Racial and Ethnic Discrimination. and proof that was made For inspect follow criminal speech hatred This is still based on with tools arranged evidence in the Criminal Code. [ABSTRACT FROM AUTHOR]

Background: The contribution is focused on current challenges in the criminal protection of children field by means of criminal law in the Slovak Republic and the European Union. The authors define the term, "child," in the applicable law. They examine in detail the legal regulation of the child's position as a victim, especially as a particularly vulnerable victim in criminal law. Attention is given to the victimisation process in relation to the specifics of the child. The legal regulation of criminal law in the Slovak Republic, as well as within the European Union, reflects the need for a special approach to the protection of children and youth, and adequate legal instruments are gradually being created and introduced. Methods: Legal comparison, content and functional analysis of legal acts, analysis of court decisions, historical analysis, and comparisons were used to process research data. Results and Conclusions: The current criminal law regulation of the status and protection of children and youth in the Slovak Republic requires regulation to effectively respond to new threats and risks, primarily associated with the increase of criminal activity against children in the virtual world. New forms of criminal activity by using computer technology and social networks are constantly increasing. Prevention and education are irreplaceable aspects of the protection of children and youth from crime. It is more effective to have a good prevention system than to deal with the consequences. Based on our research, we recommend introducing a subject focused on the prevention and intervention of crimes of a sexual nature into the education of school-age children. At the same time, we recommend continual building of specialized workplaces within law enforcement bodies in the Slovak Republic. [ABSTRACT FROM AUTHOR]

The legal issues arising from decision no. 176/2022 of the Constitutional Court began to decrease significantly by recognizing the limited continuity of criminalization of the deed previously considered as crime of assimilated smuggling, following the standardization of caselaw in this regard. However, the discussions are far from being exhausted. An example in this regard is the continued form of the offense of assimilated smuggling, which has put the courts in difficulty in situations where the typical actions of the continued offence do not each exceed the quantitative threshold imposed by the Constitutional Court, and later by the legislator, but only by totaling the amounts of cigarettes that were the material object of the plurality of those actions. That is why, starting from a final court decision in this matter, we proposed to address the issue of the limits in which the decriminalization already admitted in caselaw can be capitalized on the continued form of the offense of assimilated smuggling, as well as the effects, especially in the case where only some of the actions of the continued form respect the mentioned quantitative threshold. [ABSTRACT FROM AUTHOR]

The integration of open law policy into Constitutional reforms has emerged as a focal point for numerous legal scholars in Indonesia over recent years, with criminal law being a particularly contentious subject of debate. Some stakeholders advocate for the Constitutional Court to exhibit boldness in addressing this vital issue, although Constitutional Court judges have emphasized their limitations in expanding the interpretation of adultery. This legal study aims to investigate the integration of open law policies in Constitutional Court decisions and their influence on legislative development in Indonesia. Employing a legislative research approach, data is gathered from various primary and secondary sources. Conceptually, this research explores the impact of Constitutional Court decisions, which incorporate open legal principles, on the Indonesian legal system. The findings reveal that the concept of open legal policy lacks clear boundaries in Constitutional Court rulings, leading to confusion between positive and negative legislative roles in legislative practice and judicial oversight. Additionally, the decisions based on the open justice policy highlight discord among Constitutional Court judges concerning the legalistic paradigm and the application of legal constraints, resulting in legal uncertainty in society. The study also offers significant recommendations to enhance the integration of open law policy in Constitutional Court reforms. [ABSTRACT FROM AUTHOR]

Introduction to The Problem: Motive, if related to crime, refers to the urge contained in the mental attitude of the actor to implement that mens rea in an act that is committed to a crime actus reus. The incorporation of motive in cases involving premeditated murder under the legal framework of Article 340 of the Indonesian Criminal Code remains a contentious issue, lacking a consensus. While some individuals posit that premeditated murder necessitates the presence of a motive, contrasting viewpoints contend that the crime can be established without requiring evidence of a motive. Purpose: This study aims to provide an overview and analysis of the significance of understanding motives as a means for judges to find out the background of the premeditated murder so that the panel of judges renders a decision accurately and proportionately. Methodology: The method used in this research is the normative juridical approach that focuses on the study of literature and legislation with the specifications of analytical descriptive research. Findings: The study suggested that Article 340 of the Criminal Code lacks a comprehensive explanation of the presence of motives. Consequently, the implementation of motives is limited to the interpretation provided by legal scholars and the subjective discretion of the presiding judge in each individual instance. In the absence of an interpretation of this motive, the Panel of Judges is not obliged to find a motive for the murder. As a result, this leads to different decisions, some resulting in acquittal and others in conviction of the defendant, because the judge did not discover a motive for the murder during the presentation of evidence. Meanwhile, according to the Indonesian version of the Criminal Code, namely Law No. 1 of 2023, the existence of the motive is mandatory in sentencing as stated in Article 54 paragraph (11) sub b of the Criminal Code. [ABSTRACT FROM AUTHOR]

The catalogue of basic punishments in the 1932 Criminal Code included two types of imprisonment, i.e. prison and jail. The main purpose of prisons was to rehabilitate offenders. A particular variant of this punishment was life imprisonment. On the other hand, the jail was considered a punishment of relative isolation which was coercive and preventive in nature. It was also treated as a surrogate for non-degrading penalty of imprisonment. The purpose of the paper is also to portray the deliberations of the Codification Commission of the Second Polish Republic, its Criminal Division (Substantive Law), concerning the indicated forms of criminal reactions to a crime as well as to present these punishments in light of the provisions of the Makarewicz Criminal Code. [ABSTRACT FROM AUTHOR]

Among the offences stipulated in the 1932 Criminal Code, there are transnational crimes, which include various types of behaviour which need to be criminalised and penalised in accordance with domestic legislation as a result of multilateral international agreements concluded by a given state. Among them are acts which constitute an attack on sexual freedom and decency, and the obligation to criminalise them imposes numerous transnational norms on the present-day Polish legislator. [ABSTRACT FROM AUTHOR]

During the period of the Second Polish Republic (1918–1939), the movement of the so-called young lawyers sought to create a system of law based on tradition and the Polish national spirit. In accordance with these criteria, they evaluated the Criminal Code of 1932, which was an original creation of Polish legal thought. In their opinion, the code as “basically raw” could, after the introduction of the changes they were suggesting, serve to pursue a repressive criminal policy. Particularly Article 54 of the Criminal Code, which stipulated that judges had to take individual qualities of perpetrators into consideration, was perceived by the young lawyers as an obstacle to meting out severe punishments which would act as a deterrent to committing crimes. The young lawyers advocated the imposition of punishments that serve not to improve the offender but to protect society from crime. However, the concept of applying the criminal code in the spirit of social protection met with a sharp retort from its creator, Juliusz Makarewicz. Influenced by it, the young lawyers abandoned their criticism of the code's solutions in favour of undertaking work to change the consciousness of Polish judges. [ABSTRACT FROM AUTHOR]

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