The Effectiveness of the Supervision of the Prosecutor's Commission in Indonesia

A state holds constitutional responsibility of embodying physical, psychological welfare, and social justice for all of its citizens. Developing apartments is one of the Indonesian government's policy to ensure the embodiment of these responsibilities. Regulation on apartment that adheres to horizontal separation principle (<em>Horizontale scheiding beginnsel</em>) still often leads to a range of legal issues. Accordingly, it is necessary to find out and comprehend the philosophical foundation of the coherence of regulations concerning apartment. The present study applied normative legal method with statutory and conceptual approaches. In practice, horizontal separation principle is not well-implemented and is not in line with the Basic Agrarian Law (BAL). Right of Ownership of an apartment unit (HMSRS) is a personal right and is separated from common right upon shared objects, parts, and land. This phenomenon can lead to legal issues, particularly when the secondary rights (i.e., right to use building or right to use upon the state land and right to use building or right to use upon the right to manage) are no longer extended. The implementation of horizontal separation has not provided a legal certainty for the community regarding apartment unit ownership. Accordingly, in order to provide legal certainties, the government should enact Government Regulation as further stipulation of Law no. 20 of 2011.

Section: Horizontal Separation Principle In Regulation Concerning Apartmentmentioning

confidence: 99%

The Philosophical Foundation of the Coherence of Regulations Concerning Apartment in Indonesia

Yuniyanti

2020

“…In general, the basis used by the judge to impose the death penalty as a recycled ratio, such as the perpetrator's actions are classified as serious crimes, planned, carried out sadistically, preceded and followed by violence until the loss of the victim's life, these things are based on legal logic and facts. (Iswantoro, Saputra, et al, 2020) Legal facts revealed in the evidence before the court session, including anything that mitigating and incriminating for the defendant, but not detailed. These matters missed the judge's judgment.…”

Section: 2legal Reconstruction Requirements/criteria For Criminal Offenders Sentenced To the Death Penalty In The Futurementioning

confidence: 99%

“…Meanwhile, the anti-death penalty group (abolitionist group) based on philosophical-theological humanitarian reasons by taking refuge behind the justification of human rights. (Iswantoro, Saputra, Doyoharjo, & Luthviati, 2020) The most common criminal offenses in Indonesia for which the defendants still charged with the death penalty are cases of premeditated murder as regulates in Article 340 of KUHP where the act preceded, followed and accompanied by violence following the fulfillment of elements of Article 89 of KUHP, or accompany criminal acts such as robbery, severe abuse, mutilation, rape, and others. (Triwanto & Aryani, 2020) Meanwhile, the development of crimes committed by combining science and technology in the flow of globalization, such as the flow of advances in information and technology, with a correlated mode as a means of supporting unconventional crimes, appears fertile and is used by criminals with qualifications for new types of special-crimes.…”

Section: Introductionmentioning

confidence: 99%

Criminal Policy Formulation on Regulation of Death Penalties for Criminal Actors

Suartha

2020

This article is encouraging this problem solving with finding and analyzing the formulation of the criminal offense criteria to punishable by death in Indonesian criminal law and reformulation of setting the criminal offender measurement that sentenced to death from the perspective of ius constituendum. The article based on normative legal research by examining primary and secondary legal materials by collecting legal-materials using a card system. The analytical approach uses legislation, concepts, and comparisons. The research analysis was present in the form of descriptive analysis with evaluative, systematic, formulating, and argumentative techniques in this article. The results of this research that conducted are the Indonesian criminal law does not regulate the criminal act criteria that punishable by death so that the execution of the death penalty results in injustice to both the perpetrator, the victim, and the community. The reformulation of Indonesian criminal law shall focus on the objectives and guidelines for the punishment of perpetrators of criminal offenses punishable by death refers to the Draft Criminal Code and the involvement of the victim and the community in their interests if in the execution of capital punishment there is a change to imprisonment or life imprisonment

“…Those who violate the law will be imposed to penalty. (Iswantoro, Saputra, Doyoharjo, & Luthviati, 2020) However, a person indicated to have committed a criminal act, either committing a prohibited act or not carrying out an obligation according to the criminal law, is not absolutely subject to criminal penalties. For that reason, the law enforcement is essential to ensure whether the person has committed a criminal act or not.…”

Section: Introductionmentioning

confidence: 99%

Educative Penalty System as a Protection Implementation for Children who Commit Crime

Eviningrum

2020

Penalizing children who commit crime is actually intended for their-own sake. This kind of penalty has been created in such a way to suit the children. Therefore, the investigation carried out by the authorities before imposing the penalty should not eliminate the aspect of guidance and protection. The punishment formulations that give deterrent effect to those juvenile criminals should be the best effort through non-formal processes that have an optimal role to develop, such as families, schools, or social monitoring institutions. Namely: a). Informal warning; which involves the police to warn the children that they have done the wrong thing and make them not to do it again. There will not be any criminal minutes for this kind of punishment. b). Redeem mistakes with good deeds/ restitution: the children are asked to redeem their mistakes with good deeds, for example by paying compensation to the victim according to the children's capability. c). Community service: those children are ordered to do serve the community or fulfill certain tasks for several hours.