Volume 2, July – December The Absence of Initial Investigation Process in the Draft of Indonesian Criminal. Procedure Law (RUU KUHAP). Chandra M. Ministry of Law and Human Rights a draft revised KUHAP has been prepared and is 1 to depict a comprehensive scope of provision of the draft KUHP and KUHAP, as well as the significant .. Proses pembahasan RUU KUHAP ,. Institute for.
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It has previously complained about the complexity of reforming the code, given its size it contains articles and scope.
DPR dan Pemerintah Sepakat Pasal Zina Tetap Diperluas dalam RKUHP
To learn more about Copies Direct watch this short online video. After Indonesian independence inthe Dutch penal code was adopted mostly unchanged and continued to apply. Kitab undang-undang hukum pidana K. See what’s been added to the collection in the current 1 2 3 4 5 6 weeks months years. We will contact you if necessary.
More worryingly, it appears to maintain and even expand the reach of offences related to public morality and the state. Article of the draft code, however, stipulates that the KUHP will be the default source of criminal law principles for drafr contained in any other law, unless otherwise specified.
But at least the government is paying more attention to legal sector reform. Yet certain offences appear at odds with this progressive approach. But this task remains incomplete. You can view this on the NLA website.
Further information on the Library’s opening hours is available at: Bya draft code was produced that sought to systematically reform and modernise Indonesian criminal law and formulate new offences. That discussion — what should be criminalised and how — is likely to be a process that will be played out in the public sphere to a much greater extent. Papas Sinar Sinanti bekerja sama dengan Peradi. Andi Bau Malarangeng, Jurnal Vol. The draft code is in the list of priority bills for deliberation in the legislature Prolegnas although it has sraft on this list in the past.
It sets out guiding principles and factors to be considered by judges in sentencing.
The draft contains innovations, such as the introduction of non-custodial sentencing, yet the death penalty is retained. The code is split into two. Indonesia at Melbourne is supported by: Further, it contains provisions relating to corporate criminal responsibility, providing room for prosecution of company directors and board members.
Collection delivery service resumes on Wednesday 2 January Members of Aboriginal, Torres Strait Islander and Maori communities are advised that this catalogue contains names and images of deceased people.
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But there will likely be great uncertainty about the appropriate circumstances under ruk this probationary period is applied and how it will interact with the complex law and practice of clemency. Offence provisions will continue to exist in a significant number of other national and local laws. Menuju sistem peradilan pidana yang ru dan adversarial: For example, political parties hold different views on the role, if any, of customary law, and how it relates to the principle of legality Articles 1 and 2.
The existing, problematic code dates back to A multitude of sins: Book Two consists almost exclusively of the actual criminal offence provisions, and the DPR is now turning its attention to this part of the draft.
There is broad agreement that the draft revised code is a significant reform and will provide the basis for improvement in the criminal justice system. Can I view this online? This attempt also foundered but formed the basis for subsequent drafts.
Indonesia’s long wait for its own criminal code
The position of the death penalty is one such example. Part of the problem is that lawmakers hold conflicting views about core issues in the Criminal Code. Can I get a copy?
Ideally, the opportunity of revising the Criminal Code should have been used to abolish the death penalty. It contains fundamental principles of criminal law, provisions regarding criminal responsibility, provisions regarding sentencing, and so on. This system was once owned by our country as a former Dutch colony accordance with the principles of concordance. These are important reforms.
New search User lists Site feedback Ask a librarian Help. The draft includes a probationary period of 10 years, after which the death penalty may be replaced by life imprisonment.
This is starkly illustrated by the content of the DIM daftar inventarisasi masalaha document that details drat concerns of the rhu political factions about each article in the draft code.
DPR dan Pemerintah Sepakat Pasal Zina Tetap Diperluas dalam RKUHP –
Advanced search Search history. Draftt contested nature of kuap drafting process has resulted in unsatisfactory compromises, uncertainty, and contradictions.
The definition of adultery is expanded to apply to unmarried persons and cohabitation outside marriage is made a crime. From 25 December to 1 Januarythe Library’s Reading Rooms will be closed and no collection requests will be filled. Predictably, the greatest quarrels have been over offences relating to social and moral issues, such as the definition of adultery Article Abstract The Goverment in an effort to reform national criminal procedural law through Draft Criminal Code kuhqp by the Ministry of Justice intends to overcome the deficiencies contained in the pretrial institutions by replaced them with judges agency commissioner has the authority more concrete and comprehensive.
That is highly unlikely, however, given support for the punishment in Indonesia — the DIM does not contain any record of opposition to the inclusion of the death penalty. To learn more about how to request items watch this short online video.