Online ISSN: 2515-8260

Keywords : criminal law


Criminalization Of Same-Sex Intercourse In Indonesia

Muhammad Ashri; Hijrah Adhyanti Mirzana; Muh. Aswan; Eka Merdekawati; Muhammad Ilham Arisaputra

European Journal of Molecular & Clinical Medicine, 2020, Volume 7, Issue 7, Pages 1139-1146

Criminalization policy becomes a State’s authority that is exercised before conducting authority to determine criminal sanctions for prohibited acts. To study whether or not same-sex intercourse by fellow adults to be criminalized, the basis of study is approaches used in criminalization policies that are value and policy approaches. In this case, a value approach is a value of communities’ decency and the philosophy adopted by the State which will criminalize the act. While, a policy approach are done by considering the costs or burdens borne by the community with the results to be achieved. The purpose to criminalize obscene, gay, and homosexual acts as well as other forms of same-sex intercourse is to protect the community, in this case public order in moral conduct because such actions are not in accordance with the values of Pancasila and the customs of the Indonesian people that adhere to religio-magical.

Legal Policy Of Gratification Crime: Insight Of Anti Corruption Initiatives In Indonesia

Hendra Karianga; Irwansyah .

European Journal of Molecular & Clinical Medicine, 2020, Volume 7, Issue 7, Pages 1147-1156

Corruption is increas
ingly widespread in society, its development continues to increase
both in cases and State’s financial losses and in terms of the quality of criminal acts
committed more systematically and its scope that enters all aspects of peoples’ lives . The
research i s a juridical normative research by using statute, case, historical, comparative
and conceptual approaches. The processing and analysis of legal materials was aimed to
find pragmatic truth and/or coherence. The results show that the essence of the
gratific ation arrangement in the Corruption Acts is to eliminate the sense of injustice for
the corruptor, in terms of the value of corruption with a relatively small amount. Even
though the value of corruption is large or small, the act is still corruption. If re viewed
normatively, gratification has the meaning of giving in the broadest sense, both received at
home and abroad and that conducted by using electronic or without electronic. Whereas,
bribery has a narrower meaning because the intention of the bribe giv er and receiver is
clear and contains unlawful act. The improvement of criminal law policy plan on
gratification offenses needs to be done so that the criminalization of gratification can be
more comprehensive so that the Corruption Acts becomes a practica l and effective
legislation to eradicate corruption