INTERNATIONAL CRIMINAL LAW

This paper contains the concept and development of International criminal law. Regarding with concept there are given several opinions of several eminent world authors. Given is a author opinion of the paper about the concept of International criminal low. Further in the paper is described the development of International criminal law. The development of the International criminal law covers the period of all social formations. At the end of the paper, given is the opinion of the author, according to which in XXI century International criminal law as a universal and over international will experience expansion in its development

An Intellectual History of Mass Incarceration

There is much criticism of America’s sprawling criminal system, but still insufficient understanding of how it has come to inflict its burdens on so many while seemingly accomplishing so little. This Article asks, as Americans built the carceral state, what were we thinking? The Article examines the ideas about criminal law that informed legal scholarship, legal pedagogy, and professional discourse during the expansion of criminal legal institutions in the second half of the twentieth century. In each of these contexts, criminal law was and still is thought to be fundamentally and categorically different from other forms of law in several respects. For example, criminal law is supposedly unique in its subject matter, uniquely determinate, and uniquely necessary to a society’s wellbeing. This Article shows how this set of ideas, which I call criminal law exceptionalism, has helped make mass incarceration possible and may now impede efforts to reduce the scope of criminal law. The aim here is not to denounce all claims that criminal law is distinct from other forms of law, but rather to scrutinize specific claims of exceptionalism in the hopes of better understanding criminal law and its discontents

Introduction

Post-conviction review, often considered a tangential area of criminal law, is progressing to the forefront in our criminal justice system. The growth in our nation’s prison population, the expansion of collateral consequences flowing from criminal convictions, and advances in forensic science, among other factors, make the law of post-conviction review increasingly relevant and compelling. For these reasons, this Symposium issue of the Maine Law Review, “Balancing Fairness with Finality: An Examination of Post-Conviction Review,” is both timely and important

Kriminalisasi Delik Perzinahan Dalam Undang-Undang Nomor 1 Tahun 2023 tentang Kitab Undang-Undang Hukum Pidana

The background of this study is the renewal of national criminal law with the enactment of Law Number 1 of 2023 concerning the Criminal Code. Referring to the Aquo Law, there are several criminalizations of an act, including related to adultery offenses. Thus, it is necessary to analyze the criminalization of adultery offenses based on Law Number 1 of 2023 concerning the Criminal Code. This study aims to explain the policy formulation of the criminalization of adultery offenses based on Law Number 1 of 2023 concerning the Criminal Code. This study employs a descriptive-normative research method. The results of the study show that the criminalization of adultery offenses in the Criminal Code has several expansions compared to the old Criminal Code. The expansion of the adultery offenses includes the meaning of adultery, cohabitation, and incest. The basic reason for this criminalization is that the renewal of law (Criminal Code) must be oriented towards the basic ideas of the Five Principles (Pancasila), which contain the values/ideas of divinity (religious morals), humanity, nationality, democracy, and social justice. In addition, the renewal of criminal law should also be carried out by exploring and studying unwritten sources of law and values that live in society, including religious law and customary law

Penegakan Hukum Pidana Lingkungan Dalam Mewujudkan Tata Nilai Keadilan Lingkungan Hidup

Environmental damage in Indonesia is getting more and more concerning. In fact, it has endangered every creature, including the life of future generations. Through legal means it can be seen how the law should be implemented. Therefore, environmental law enforcement can be interpreted as the use or application of instruments and sanctions in the legal field. Law Number 32 of 2009 concerning Environmental Protection and Management regulates environmental problems as a basic guideline for law enforcement officials to prosecute perpetrators of environmental crimes subject to criminal penalties according to applicable regulations. Criminal law enforcement in this law introduces the threat of minimum and maximum penalties, expansion of evidence, punishment for violations of quality standards, integrated criminal law enforcement, and regulation of corporate crim

Aspek Pidana dalam Undang-Undang No. 32 Tahun 2009 tentang Perlindungan dan Pengelolaan Lingkungan Hidup (UUPPLH)

Environmental protection and management is a systematic and integrated efforts are made to preserve the function of the environment and prevent pollution or environmental destruction which includes the planning, use, control, maintenance, monitoring and enforcement. Environmental laws can be enforced with one instrument, ie an instrument of administrative, civil or criminal can even be enforced by all three instruments at once. UUPPLH criminal law enforcement in addition to introducing a minimum penalty of a maximum, the expansion of evidence, convictions for violations of standards, integration of criminal law enforcement, and setting korporasi.Penerapan criminal offense or violation of environmental laws in accordance with the principle ultimum much depends on the administrative law or rule of law, especially with regard to licensing. Formulation of criminal pollution and / or destruction of the environment in UUPPLH contained in Article 97 through Article 120

Kebijakan Kriminal Terhadap Tindak Pidana Perzinahan Berdasarkan Hukum Pidana Positif dan Hukum Pidana Islam

Abstracts: The criminal policy against the crime of adultery in the Positive Criminal Law is contained in Article 284 of the Criminal Code, which criminalizes anyone who has sexual intercourse if one of the perpetrators or both of them is married. Adultery in this article is not comprehensive and fulfills a sense of justice for some people who think that adultery is not limited to that because it is not following the values ​​of the Indonesian people's customs and Islamic law, in which the majority of Indonesian people are Muslims. The Criminal Policy in the RKUHP includes an expansion of the meaning of adultery which criminalizes a person who commits adultery with the unconditional condition that one of the perpetrators or both of them is married, the RKUHP also includes cohabitation adultery and incestuous adultery (family ties). This writing does not only make a comparison between the criminal policies regulated in the Positive Criminal Law, namely Article 284 of the Criminal Code and the RKUHP, with Islamic Criminal Law. the problem of poverty which causes prostitution activities to still occur and religious marriage activities that are not registered by the state are carried out by some Indonesian people. Keywords: Islamic Criminal Law, Criminal Policy, Adulter

The Commerce Clause and Criminal Law

The ongoing expansion of federal criminal law undermines the historical decentralization of criminal law in this country by usurping state authority in that area. While some protection of federalism is necessitated by the Supreme Court\u27s commerce power jurisprudence, the economic/non-economic distinction enunciated in United States v. Lopez is an unworkable return to past efforts to find internal limits to the Commerce Clause. Instead, a return to the test of National League of Cities v. Usery---yiewing the Tenth Amendment as an external limit on the scope of Congress\u27s Commerce Clause authority— is the best means of protecting the authority of the states to make and enforce criminal law

Criminal Law as Family Law

The criminal justice system has expanded dramatically over the last several decades, extending its reach into family life. This expansion has disproportionately and negatively impacted Black communities and social networks, including Black families. Despite these pervasive shifts, legal scholars have virtually ignored the intersection of criminal, family, and racial justice. This Article explores the gap in literature in two respects. First, the Article weaves together criminal law, family law, and racial justice by cataloging ways in which the modern criminal justice state regulates family life, particularly for Black families. Second, the Article examines the depth of criminal justice interference in family life and autonomy through analysis of the impact of community supervision on families. These explorations reveal that community supervision, and criminal justice more broadly, operate as a de facto family law regime, negatively restructuring Black family autonomy, stability and loyalty, all of which family law seeks to promote. The Article recommends that the practice of community supervision return to its roots in human services and calls on legal scholars to focus critical attention on criminal law’s creation of disparate and unequal family law systems