This article aims to find out the legal basis that forms the basis and guideline in the implementation of virtual criminal case trials and the problems of virtual criminal court proceedings in the criminal procedural law system. The approach method used is normative juridical with qualitative descriptive analysis.The legal basis that serves as the basis and guideline for conducting virtual trial of criminal cases includes the Supreme Court Circular Number 1 of 2020 concerning Guidelines for the Implementation of Duties During the Prevention of the Spread of Corona Virus Disease 2019 (Covid-19) which was followed up by Supreme Court Regulation Number 4 of 2020. 202 concerning Administration and Trial of Criminal Cases in Courts Electronically. The problems of implementing a virtual trial of criminal cases in the criminal procedural law system include human resources, facilities and infrastructure, procedural juridical problems and the validity of evidence. The problem of human resources is the limitation of human resources in the use of information technology and the internet. Problems with facilities and infrastructure, namely the limitations of electronic facilities and infrastructure and internet network disturbances. The procedural juridical problem, namely the virtual trial which is fundamentally different from the Criminal Procedure Code, can cause various problems at the substantive juridical level.
Criminal cases depend on witness testimony. Witnesses need safety. Still, witnesses in certain cases have received threats. This paper examines the qualifications and rights of witnesses to corruption offences under Law 31 of 2014 and the application of legal protection for them in Indonesia. This research is normative. This study's data analysis is qualitative because it's narrative-descriptive. According to the study, corruption witnesses must meet formal and material conditions to be utilized as legal evidence. Articles 5, 10, 1 and 2 and 10A outline the witness's rights. Article 9 of the Law of the Republic of Indonesia Number 31 of 2014 grants witness rights from the beginning to finish of an investigation. Even if the threat isn't evident, witnesses to corruption crimes that accuse the suspect or defendant must be watched. Witnesses and their families are protected by the Witness and Victim Protection Agency.
Attempting to commit a criminal act is a complete and independent offense. Attempts to commit new corruption are at the stage of intention or preparation. Attempted corruption is punishable by the same punishment as committing a criminal act of corruption. The purpose of this study is to examine the regulation of trial of criminal acts in Indonesian positive law and the practice of trial of criminal acts in corruption. The approach used in this research is the law approach and the case approach. This research data collection technique was carried out through conventional and online literature searches. The data analysis technique used in this study is qualitative because the data is presented in a narrativedescriptive manner. The results of the study show that the law only provides provisions regarding the terms of the trial of a criminal act as to what can be punished. Arrangements on trials are regulated according to Article 53 and Article 54 of the Criminal Code. The trial is not a completed offense and is not a stand-alone offense. It is proven that the experiment is regulated in the Criminal Code. If someone is accused of carrying out an experiment, an article must be charged against the desired act. The conditions in an attempt to commit a criminal act of corruption must be the same as the provisions of Article 53 of the Criminal Code, namely that there must be an intention, the beginning of implementation, and the act is not completed not solely because of its own will. The criminal threat is the same as for other corruption offenses. Legislation concerning the eradication of corruption, which contains many elements of trial, is a criminal act of bribery, both active bribery and passive bribery, and constitutes gratification. This crime will involve bribery actors from the private sector and bribe recipients from civil servants or state officials
The purpose of this study is to examine the formulation of criminal sanctions in regional regulations and the obstacles to enforcement of criminal sanctions in regional regulations. The approach used in this research is the legal approach. This research data collection technique was carried out through conventional and online literature searches. The data analysis technique used in this study is qualitative because the data is presented in a narrative-descriptive manner. The results of the study show that criminal sanctions in regional regulations still emphasize retaliatory criminal sanctions which view that punishment is retaliation for mistakes. Ideal regional regulations, the content of which is both the formulation of criminal acts and the sanctions, is the elaboration of higher laws and regulations. The content must contain the conditions of the area concerned, do not conflict with the public interest and the laws and regulations above it and do not conflict with the authority that has been given, either by law or by codified criminal law. Violations of regional regulations that occur generally occur due to a lack of public awareness and participation in maintaining peace and public order. It is known that there is a Civil Servant Investigator in enforcing criminal sanctions in regional regulations. It can be seen the problems faced by Civil Servant Investigators in Tegal Regency in enforcing criminal sanctions in regional regulations.
This article aims to determine the punishment of children who commit murder crimes and the basis for judges' considerations in sentencing children who commit murder crimes. The approach method used is normative juridical with qualitative descriptive analysis. In addition, the provisions governing the crime of murder in the Criminal Code in Chapter XIX book II which consist of 13 articles, starting from Article 338 of the Criminal Code to Article 350 of the Criminal Code, are charged to children. The judge's basic considerations in imposing a sentence on a child who commits a crime of murder include juridical considerations, philosophical considerations and sociological considerations. Juridical considerations are considerations based on formal legislation relating to the judicial process of criminal acts committed by children, namely the crime of murder, including Law Number 48 of 2009 concerning Judicial Power, Criminal Procedure Code, SPPA Law, Criminal Code and indictments. Philosophical considerations are considerations given by the judge that the punishment given to perpetrators of criminal acts is an effort to improve behavior through the sentencing process and the side of justice for victims and the community, namely the extent to which punishments given to children can provide good behavior change and do not repeat violations. law and provide justice for victims and society.
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