Reconstruction of Military Prisoner Coaching Arrangement on The Military Penitentiary in Indonesia

This study aims to a) Analyze and describe the philosophical foundation for the formation of Military Correctional Institution in Indonesia; b). Analyze the arrangement of military prisoners in the Military Penitentiary; c) Analyze and formulate the construction of military correctional development in the future. This research used juridical-normative method with statute approach, conceptual approach, historical approach, and analytical approach. Primary, secondary, and tertiary legal materials obtained by the author will be analyzed using juridical-qualitative analysis techniques. The results of the research show that in a philosophical manner the military correctness is based on the Pancasila, the 1945 Constitution and the Reintegration of Sapta Marga. While the pattern of coaching military inmates is regulated in the Decree of the TNI Commander Number: Kep / 976 / XII / 2014 dated December 16, 2014, in which the rules concerning the pattern of coaching military prisoners need to be accommodated in the form of a more binding draft law based on aspects of legal certainty (Rechtmatigheid), legal justice (Gerectigheit) and legal benefits (Zwechmatigheid). Keywords: Coaching, Prisoners, Military Penitentiar

Trafficking in Persons in Indonesia: A Review on Current Anti-Trafficking Legislation Development

Trafficking in persons has become a global phenomena, including within Indonesia. Even now, Indonesia is identified as a source, transit, and destination country for victims of trafficking in persons for the purposes of forced labor and commercial sexual exploitation. The victims include women, children, and men. However, Indonesia is committed to preventing trafficking in persons, punishing offenders, and protecting victims of trafficking. Towards this end, Indonesia is taking many strategic and practical steps to eradicate trafficking in persons; including enacting current specific anti-trafficking law to cope with this type of crime; i.e., Law No. 21 of 2007 on the Eradication of Criminal Act of Trafficking in Persons. This article examines the development of anti trafficking legislation in Indonesia, including international instruments, prior legislation, and current legislation adopted in coping with the criminal act of trafficking in persons. The results would provide more undertsnading pertaining to trafficking in persons in Indonesia and the development of acts adopted by the country in adressing this criminal act. Keywords: Indonesia, trafficking in persons, legislation developmen

Penal Mediation as a Solution Alternative Case Crime of Sand Mining (Case Study in East Java)

"Environmental damage due to criminal acts of sand mining has become a critical issue to be addressed for human life. As for the law enforcement process in the criminal justice system are often very complicated, take a long time and high costs, also to bring justice formal / procedural to the justice seekers. So that needs alternative ideas criminal case settlement through mediation penal sand mining in the effort or for the purpose of mutual win-win solution or a mutually acceptable solution. " Keywords: Penal mediation, sand mining, environmental damage

Residivistis sebagai Syarat Pengecualian Diversi dalam Sistem Peradilan Pidana Anak di Indonesia

The purpose of this study was to analyze the Banyumas District Court Decision Number 05/Pid.Sus-Anak/2015/PN-Bms and analyze the recidivism concept in Indonesia's juvenile criminal justice system. This study uses a normative doctrinal method with legal, case, and conceptual approaches. The decision of the Banyumas District Court Number 05/Pid.Sus-Anak/2015/PN-Bms contained a case of abuse by a child who had previously been punished with three months in prison by the Purbalingga Court for committing the crime of theft. The concept of recidivism in the juvenile criminal justice system in Indonesia was based on Article 7 paragraph (2) letter b of Law Number 11 of 2012, which explained that children who commit recidivists could not be diverted

Settlement of A Corruption Criminal Offence Based on the State's Financial Loss Value Using An Economic Analysis of the Law

The purpose of this research is analyze and find alternative models of arrangements for the resolution of corruption that are detrimental to the country's finances in the future based on economic analysis of the law. This research uses normative legal research methods with the statute approach, comparative approach, case approach and conceptual approach. The analytic technique of this research is using library research. The results showed that ineffectiveness and efficiency in law enforcement occur against corruption, the value of which is less than the cost of law enforcement. The researcher recommends a resolution model, first adopting a case resolution model which consists of a case resolution model outside the court proceeding with a modified transaction offer resulting from an economic analysis of the application of the law to the suspect, by creating a mechanism in a separate technical regulation and a restorative justice settlement model by modifying the application of the perpetrators' obligations for victims in the form of returning damages worth the amount that was corrupted, plus payment of the minimum fines stated in the law, and the value of indirect losses and the relative risk of law enforcement. Second Adopt a model of criminal implementation through the mechanism of payment of fines that are applied to traffic violations, by establishing a special current account set by the state and a mechanism of criminal social work to pay compensation for state losses. The deterrence and education effects of other communities can be stimulated through the imposition of an obligation to recover damages worth being corrupted; pay the minimum penalty stated in the law; pay for the relative risk of law enforcement; pay an indirect loss in the form of a difference in the difference in the amount of change in value of the corrupted state money calculated according to economic value when the legal process is in progress. Keywords: Alternative Models, Corruption Crime Settlement, Economic Analysis of the Law. DOI: 10.7176/JLPG/93-11 Publication date: January 31st 202

Deception as a Condition for Cancellation of an Arbitration Award in Indonesia

The phrase "deception" is one of the elements of the crime as a condition for the cancellation of an arbitration award, which is contained in the substance of Article 70 letter c of the Indonesia Arbitration and Alternative Dispute Resolution Law No. 30 of 1999. Elimination of explanation of Article 70 of Law No. 30 of 1999, the author sees that there is legal obscurity to the meaning of "deception" as a condition for the cancellation of an arbitration award. The norms as contained in Article 70 are the realm of criminal law, which in the settlement process is different from the realm of settlement through arbitration. This article is normative legal research with a statutory and conceptual approach. The result of this research is to explain and analyze the meaning of "deception" contained in the substance of Article 70 letter c of Law No. 30 of 1999 as a condition for the cancellation of an arbitration award. Whereas the element of "deception" which is used as a condition for the cancellation of an arbitration award in the arbitration settlement process is a criminal domain, so to prove this element must first be proven in the realm of criminal justice to obtain permanent legal force from the panel of judges. Elements of a criminal act cannot only be suspected but must be proven first

Political Motive in Terrorism Criminal Act

Motives that form the background of terrorism criminal act can be anything, and one of them is political factor. Hence, there must be a concrete and clear explanation upon terrorism criminal act in order to define whether a crime is classified as terrorism or usual crime. Petrus Golose elaborates some reasons that may cause terrorism movement, namely Nation-Separatism, an act which has objective to get independence; Ethnocentrism, an act which is driven by specialty upon social degree and race; Revolution, an act which has motivation to coup d’etat; Religious motive, an act which is based on fundamental belief; Ideology, an act which means a belief upon special political mainstream; and Mental disorder, an act which is conducted due agent’s mental disorder[1]. Again, terrorism is not merely a matter of law disobedience or law enforcement; terrorism criminal acts that happen, as a matter of fact, can be assured their ideological backgrounds and there must be hidden interests of power. In short, the factors that cause terrorism are manifold. In order to portrait the phenomena of violence and to formulate regulation upon terrorism criminal crime, as consequence, cannot rely on one approach.  Analysis upon terrorism criminal act anticipation, therefore, must be based on some views and also on the motives that form the background. Keywords: Terrorism, Criminal Act, Motive [1] Golose, Petrus Reinhard. 2009. Deradikalisasi Terorisme: Humanis, Soul Approch dan menyentuh Akar Rumput, YPKIK, Jakarta

The Legal Protection Guarantee toward the Woman Body Integrity as the Victim of Not-Fulfilled Promise to Marry In the National Law

The essence of body integrity for women as the victim of not-fulfilled promise to marry   refers to unity and whole completeness of mind, feeling, and human body by self acceptance as complete individual embedded in herself referring characteristics collectivity of physical, psychological, emotional, aspiration, and self achievement that build self concept of a woman as a whole to develop. Based on the fact, the research formulates the problem statement to be why the body integrity of woman as the victim of non-fulfilled in   promise to marry should get legal protection from the national Law.  The study shows   that the body integrity of woman as the victim of non-fulfilled in marriage promise should get legal protection from the national Law because the woman body integrity refers to parts of humanity integral and substantial.  The country should guarantee the upholding and protection for implementation of human right toward women, by doing international duty as form of ratification in implementing all forms of regulations upholding the woman right Key Terms: Legal protection, body integrity woman, marriage promis

Problematics Law of Civil Reputation Damages Against Corruption Criminal Acts That Has Been Decided to Free

Provisions of Article 32 Paragraph (2) of Law 31/1999 jo. Law 20/2001 provides an alternative to the filing of a civil suit to recover state financial losses for corruptors even though they have been terminated criminally free. The problem is how to implement the civil lawsuits in returning state finances in law practice. Because legal practice shows that there are legal problems in Article 32 paragraph (2) of Law 31/1999 jo. Law 20/2001 which implies the lack of use of civil litigation instruments in corruption cases