Kedudukan Hukum Penggunaan Pasal Percobaan Perzinahan Dalam Praktik Peradilan

Alfiantoro, Handoko

doi:10.32503/diversi.v4i1.340

Cited by 2 publications

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“…The experiment itself can be said as an action towards something but does not arrive at the intended thing or it can also be said to want to do something and it has started but has not been completed as a crime. There are 3 (three) elements in a probationary crime that must be fulfilled, namely the intention, the beginning of the implementation and the act not being completed against the will of the perpetrator [1,2].…”

Section: Introductionmentioning

confidence: 99%

Practice of Criminal Actions in Criminal Acts of Corruption

Akbar¹,

Sudewo²,

Hamzani³

2022

Proceedings of the 1st International Conference on Law, Social Science, Economics, and Education, MALAPY 2022, 28 May 2022, Teg

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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

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Section: Introductionmentioning

confidence: 99%

Practice of Criminal Actions in Criminal Acts of Corruption

Akbar¹,

Sudewo²,

Hamzani³

2022

Proceedings of the 1st International Conference on Law, Social Science, Economics, and Education, MALAPY 2022, 28 May 2022, Teg

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“…Attempted violation of specific criminal provisions may also be punished. For example, someone who tries to violate an economic crime [6].…”

Section: Introductionmentioning

confidence: 99%

Comparison of Criminal Actions Between the Legal System of Indonesia and Thailand

Prasetyo¹,

Sudewo²,

Sanusi³

et al. 2022

Proceedings of the 1st International Conference on Law, Social Science, Economics, and Education, MALAPY 2022, 28 May 2022, Teg

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The purpose of this study is to examine the arrangement of trial criminal offenses in Indonesia and Thailand as well as the similarities and differences between attempted criminal offenses between the Indonesian and Thai legal systems. The approach used in this research is a statutory approach and a comparative approach. This research data collection technique was carried out through conventional and online literature searches. The data analysis technique used in this research is qualitative because the data is presented in a descriptive-narrative way. The results of the study show that the law does not provide a definition of what is meant by trial, but only provides provisions regarding the terms of probation for what kind of criminal act can be punished. Attempted criminal acts in Indonesia are regulated in Article 53 and Article 54 of the Criminal Code. Provisions regarding attempted criminal acts in Thailand are regulated in Articles 80 to 82 of the Thai Criminal Code Book I. The similarity between attempted criminal acts between Indonesia and Thailand, namely the Indonesian Criminal Code and the Penal Code of Thailand (KUHP Thailand) does not provide a definition of what is meant by attempted criminal acts because are both considered as unfinished offenses and the Indonesian Criminal Code and the Thai Criminal Code both impose a penalty of two-thirds of the principal sentence.

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Kedudukan Hukum Penggunaan Pasal Percobaan Perzinahan Dalam Praktik Peradilan

Cited by 2 publications

References 0 publications

Practice of Criminal Actions in Criminal Acts of Corruption

Practice of Criminal Actions in Criminal Acts of Corruption

Comparison of Criminal Actions Between the Legal System of Indonesia and Thailand

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