Definition of Criminal

The use of the term crime itself defined as criminal sanctions. To the same sense, it is often also used another term that is administering the criminal.

Criminal is suffering which deliberately charged to the person doing the Act that meets certain conditions.

"Black's Law Dictionary," stated that the punishment is: "any fine, or penalty or confinement upon a person by authority of the law and the judgement and sentence of a court, for some crime of offence committed by him, or for his omission of a duty enjoined by the law".

Based on the above understanding, it can be inferred that the Criminal Penal Code contain elements and attributes as follows:

1. Criminal proceedings were in fact constitute an imposition of suffering or sorrow or other consequences.

2. Criminal proceedings were given intentionally by the person or entity that has the power (by the authorities).

3. Criminal proceedings were subject to a person who has committed a criminal offence according to the law.

4. A statement denouncing the Criminal by the State over a person for having broken the law.

Definition Of Criminalization

Efforts to combat crime (criminal policy) can be done in two ways, namely by means of penal law or engineering, and non penal or criminal laws of non-engineering.

Penal policy is interpreted as a means of tackling crime by enabling criminal law aksistensi way to solve it. Whereas the means of nonpenal done by enabling all aspects in addition to the criminal law such as civil law or legal aspects of State administration.

When tackling crime done by leveraging of criminal law, the first to do is to prohibit certain acts accompanied by the threat of criminal sanctions through a policy. This policy is commonly known with the criminalization policy. An assignment is a process of criminalization of acts as acts that may is liable. This process ended with the formation of the Act where the Act was threatened with sanctions in the form of a criminal. As a policy of criminalization can be defined as a process to determine what actions will be banned because of dangerous or harmful, and what sanctions will be dropped.

Hoefnagels as quoted by Yenti Garnasih say that criminalization is something of an act or thing be an action that was previously not an act which may be acts that can are convicted is liable.

Criminalization is also related to the addition or enhancement of criminal sanctions against criminal acts. Based on the above understanding of criminalization, the scope of criminalization is not only related to the determination of the original deed is not prohibited, then banned from certain sanctions threat was accompanied, but also related to pemberatan criminal sanctions against criminal acts.

Sudarto said that in an Act criminalize should pay attention to the following matters, namely:

First, the use of criminal law should pay attention to national development goals embody fair and prosperous societies that uneven material and regeneration based on pancasila. In relation to this, the use of criminal law aimed at tackling crime for the sake of prosperity and leadership community.

Second, the Act sought to be prevented or addressed by the criminal law must be an undesirable Act, i.e., acts that bring harm and materially spirituals over the citizens.

Third, the use of criminal law should also pay attention to the principles of cost and results (cost and benefit principle).

Fourth, the use of criminal law should also pay attention to the capacity or capability of the power of law enforcement agencies, which don't get any extremes of the task overbelasting.

Definitions of Law According To Experts

Definitions of Law According To Experts : 

1. Definition of Law according to Grotius is a moral Act regulations on guaranteeing Justice (law is the rule of moral obligation-action to that which is right). 

2. Definition of Law according to Immanuel Kant's overall condition with this free will from people who one can adjust to the free will of others, obey the law about independence. 

3. Definition of Law according to Soedikno Mertokusumo is a whole set of rules or norms in a life together, the whole rules of conduct that apply in a life together, which can be enforced by sanctions implementation. 

4. Definition of Law according to E. Utrecht is the set of rules (do's and Don'ts) which administers a society's code of conduct and must be obeyed by the people. 

5. Definition of Law according to Mochtar Kusumaatmadja was the overall principles and rules that govern relations of human life in society, also includes the institution or institutions and processes that embody the rules within the community.

The Advantages Of Mediation In The Resolution Of Disputes

The advantages of mediation in the resolution of a dispute is very much, a substantial profit and psychological mediation are as follows: 

1) Informal Settlement 

The approach through the conscience, not according to the law. The two sides break away from the rigidity of legal terms (legal term) to approach the institution of conscience and morals. Doctrine and principle of proof equation towards a perception of mutual benefit. 

2) Resolve the dispute itself is a party 

The settlement is not directed to the whim and will of the judge or the arbitrator, but resolved by the parties themselves sesuia with their willingness, because they know better the real thing over the dispute in question.

3) Short settlement period

In general term of completion of only one or two weeks or one month earlier, the origins there is sincerity and humility from the parties, that is why it is called to be speedy.

Understanding The Principle Of Law

Understanding The Principle Of Law

The basic law is the fundamental valuation rules in a system of law which is in provoking Scholten is defined as basic thoughts inside and behind the legal system of each formulated in the rules of legislation and awards judge who deals with her provisions and individual decisions can be viewed as the explanation. 

The legal basis of impersonal means having a broader application of the region compared to the rules of conduct. The greater region, the more general rules of law. 

The legal basis for the common law rule only provides a measure of value. The size of the new value in the behavior of the rule as a special legal rule to obtain a form such that it gave clear guidelines for action, for example by way of providing an entitlement or put (add) an obligation.

Types of Law

There are two types of law, namely the law written and unwritten law. What is the written law ...? The sense of the written law is a law which is poured or applied in the form of various regulations. 

All kinds of written law are: 

1. Criminal Law 

The notion of criminal law is the overall rule of law related to sanctions or punishments meted out to offenders the special law. 

Penalty or sanction any 2, namely: 

a. The Basic Sanctions 

The sanctions include the subject of the death penalty, Imprisonment, Confinement Penalties of fines and penalties. 

b. Additional Sanctions 

Additional sanctions include revocation of certain rights, deprivation of certain goods and the announcement of the verdict of the judge. 

2. The Law of Criminal Procedure 

Understanding the law of criminal procedure is the law which contains the procedures for settlement of acts that violate criminal law.

The Definition Of State Law

The notion of State Law is a country that basing everything, be it action or as well as the establishment of State institutions in the written or unwritten law.

According to the law of the Country element A.V. Dicey was: 

1. Supremacy of law 

The law is the supreme power. All citizens of both ordinary citizens and officials in whole shall be subject and obedient to the law. 

2. Equality before the law 

All citizens of both ordinary citizens and officials all have the same position in the eyes of the law, nothing higher, nothing is more special. 

3. Human rights 

Respect and guarantee of human rights in the basic law. 

Beautiful Yes third element above ...? The first element easy applied, a third Element is also easier to apply, but the second element is difficult once executed.

Whistleblowers and Justice Collaborator

The particular nature of the crime is serious corruption, terrorism, narcotics crime, the crime of money laundering, trafficking in persons, as well as other criminal acts that are organized, have caused a problem and a serious threat to the stability and security of society so as to undermine the institutions and values of democracy, ethical values and justice and jeopardizing sustainable development and the rule of law. 

In article 37 of the UN Anti-corruption Convention (United Nations Convention Against Corruption) 2003 explains: Each country is obliged to consider the possibility in certain cases, "reduce the penalty" of a principal that provides substantial cooperation in the investigation or prosecution of a crime that is applied in the Convention (paragraph 2). 

Each country is obliged to consider the possibility in accordance with basic principles of its national law to provide "immunity from prosecution" for giving substantial cooperation in the investigation or prosecution (Justice Collaborator) a criminal offence prescribed by the Convention (paragraph 3). 

This provision is similar to article 26 of the UN Convention against Transnational organized crime-Anti (United Nation Convention Against Transnational Organized Crimes in 2000).

Factors That Affect Law Enforcement

Based on the theory of the effectiveness of the law, effectively or whether a law is determined by five factors: 

1. The legislation 

The Act in the sense of the material is generally written regulations and made by Central and Local Authorities. Regarding the enactment of such laws, there are some basic goal is to make the Act had a positive impact. 

These principles include: 

a. The legislation does not apply retroactively. 

b. The laws that are made by the higher authorities, has a higher position. 

c. The applicable laws, cancelling a law that applies. 

d. Law cannot be contested. 

e. Legislation is a means to achieve the well-being of the spiritual and material for the public as well as private, through preservation or reform (innovation). 

2. Law enforcement 

Law enforcement is the role model in the community, which should have specific capabilities in accordance with the aspirations of the community. They must be able to communicate and get the understanding of the goals, in addition to being able to perform or performed the role that can be accepted by them. There are some obstacles that may be encountered in the application of the role that should belong to the target or to law enforcement.