1,720,963 research outputs found
The Evolution of Scientific Evidence Theory in Criminal Law: A Transformative Insight
Full text linkCriminal law evolution accentuates the contrast between traditional eyewitness testimonies and precise modern forensics. While testimonies offer depth, scientific methodologies provide unparalleled accuracy in investigations. This study examines the challenges and merits of both in light of technological advancements. The objective is to understand the evolving paradigm of scientific evidence in criminal justice, emphasizing its integration and balance with traditional evidentiary methods for upholding judicial integrity and revealing material truth. The result of this study is historical evolution in the theory of scientific evidence which has transitioned from relying on testimonies to verifiable scientific data, including advancements in DNA and cyber technology. This scientific approach, characterized by its objectivity, replicability, and measurability, offers a robust foundation for discerning truth and justice, surpassing the limitations of mere factual accounts. Modern criminal law’s integration of this evidence signifies a deep-rooted commitment to justice, ensuring verdicts are swift, fair, and grounded in undeniable truth
A SCIENTIFIC JOURNAL OF CHILD CRIMINAL LAW: (Juvenile Justice Criminal Law Policy in Indonesia and Malaysia: A Comparison)
No full textThis paper aims to compare juvenile justice criminal law policies in Indonesia and Malaysia. Child protection is an important aspect of social development and community welfare. In this context, a comparison between these two countries provides valuable insight into child protection approaches, policies and implementation. From the research results, it appears that both countries have serious efforts to protect children\u27s rights. However, there are differences in legal approaches and implementation of child protection policies. In Indonesia, there are regulations governing child protection, such as Law Number 23 of 2002 concerning Child Protection, while in Malaysia, there is the 2001 Children\u27s Act which regulates children\u27s rights. Both countries have their own characteristics in dealing with children in conflict with the law, both in terms of legal basis, institutions and approaches to resolution. This research uses a normative juridical method with a statutory and comparative legal approach. The results of the study show that Indonesia has progressive regulations through the SPPA Law, but still faces challenges in implementation. Meanwhile, Malaysia still applies a relatively conservative and institutional approach
Juvenile Justice Criminal Law Policy Between Indonesia and Malaysia: A Comparison
Full text linkThis paper aims to compare the criminal law policies of juvenile justice in Indonesia and Malaysia. Child protection is an essential aspect of social development and community welfare. In this context, a comparison between the two countries offers valuable insights into the approaches, policies, and implementations of child protection. The results of the study show that both countries have made serious efforts to protect children\u27s rights. However, there are differences in the legal approach and implementation of child protection policies. In Indonesia, regulations governing child protection exist, such as Law Number 23 of 2002 concerning Child Protection. In Malaysia, the Children\u27s Law of 2001 regulates children\u27s rights. Both countries have their own characteristics in dealing with children in conflict with the law, both in terms of legal basis, institutions, and settlement approaches. This study employs a normative juridical method, incorporating a statutory and comparative legal approach. The results of the study indicate that Indonesia has progressive regulations in place through the SPPA Law, but still faces challenges in their implementation. Meanwhile, Malaysia still applies a relatively conservative and institutional approach
Jurisdiction of the International Criminal Court against the Perpetrators of International Crimes
No full textCrimes do not only occur at the national level, but have also occurred at the level of international crimes, especially crimes that violate human rights. The failure of national law to resolve international crime cases is the reason for the birth of the International Criminal Court to try perpetrators of international crimes who are unable or unwilling to carry out settlements by the state. The international criminal court is only able to have jurisdiction over countries that are members of the Rome Statute, so the jurisdiction of the International Criminal Court is very limited to arrest perpetrators of international crimes which are not participants in the Rome Statute. The international criminal court is only a complement to the national court because of the principle of state sovereignty. For this reason, the awareness of both the state and the international community is the basis for smooth law enforcement for perpetrators of international crimes
Analisis Perbandingan Standar Pembuktian Pidana Indonesia-Amerika Serikat: Studi Alat Bukti DNA sebagai Bukti Tunggal
No full textThis study examines the legal standing of DNA evidence as a sole means of proof within the criminal justice systems of Indonesia and the United States. DNA, known for its scientific reliability and high accuracy in identifying perpetrators, has received substantial recognition in the United States. Under the “beyond a reasonable doubt” standard, DNA evidence in the U.S. can independently substantiate a conviction and serve as the sole basis for a guilty verdict. In contrast, Indonesia's evidentiary framework remains governed by the negatief wettelijk principle, which requires at least two valid pieces of evidence supported by the judge’s conviction to establish criminal liability. As a result, DNA evidence in Indonesia is generally considered corroborative rather than conclusive and cannot stand alone in court. This research adopts a normative juridical method, combining statutory analysis and conceptual interpretation to assess the legal treatment of DNA evidence in both jurisdictions. The findings emphasize the urgent need for Indonesia to reform its criminal procedure law to accommodate modern scientific evidence, such as DNA, as primary proof in specific cases. Recommendations include amending provisions in the Indonesian Criminal Procedure Code (KUHAP), enhancing forensic infrastructure, strengthening legal regulations, and improving the capacity of law enforcement personnel. With appropriate procedural safeguards and human rights protections, DNA evidence holds significant potential to be recognized as standalone proof within Indonesia’s criminal justice system.
Keywords: DNA evidence, criminal evidence, ForensicsPenelitian ini membahas perbandingan kedudukan bukti DNA sebagai alat bukti tunggal dalam sistem pembuktian pidana di Indonesia dan Amerika Serikat. Bukti DNA merupakan alat bukti ilmiah dengan tingkat akurasi tinggi yang dapat mengidentifikasi pelaku kejahatan secara spesifik. Di Amerika Serikat, bukti ini telah diakui sebagai alat bukti tunggal yang sah berdasarkan standar pembuktian “beyond reasonable doubt”. Sementara itu, di Indonesia, sistem pembuktian masih menganut prinsip negatief wettelijk, yang mensyaratkan minimal dua alat bukti yang sah serta keyakinan hakim untuk menjatuhkan putusan pidana, sehingga posisi bukti DNA hanya sebagai alat bukti pendukung. Penelitian ini menggunakan metode yuridis normatif dengan pendekatan perundang-undangan dan konseptual untuk menganalisis posisi bukti DNA dalam kedua sistem hukum. Hasil penelitian menunjukkan perlunya reformasi hukum acara pidana di Indonesia agar dapat mengakomodasi bukti ilmiah modern, termasuk DNA, sebagai alat bukti utama dalam kasus tertentu. Rekomendasi mencakup reformulasi ketentuan KUHAP, pengembangan infrastruktur forensik, penguatan regulasi, serta peningkatan kapasitas SDM penegak hukum. Dengan demikian, penggunaan bukti DNA sebagai alat bukti tunggal di Indonesia memiliki prospek yang potensial, asalkan disertai dengan jaminan prosedural dan perlindungan hak asasi manusia
Hospital Legal Liability In Medical Dispute Resolution (Case Study Of South Jakarta District Court Decision Number 484/PDT.G/2013/PN.JKT.Sel)
Full text linkThis research was conducted to determine the cause of negligence committed by medical personnel, and how to resolve medical disputes by analyzing the South Jakarta District Court Decision Number 484/Pdt.G/2013/PN.JKT.Sel. Further research was carried out by looking at the case related to the legal liability of hospitals for the negligence of their medical personnel by reviewing the Civil Code, Law Number 26 of 2009 concerning Health, Law Number 44 of 2009 concerning Hospitals, Law Number 29 of 2004 concerning the Practice of Medicine, Law Number 36 of 2014 concerning Health Workers, and other related laws and regulations. It then examines whether or not the judge is appropriate in deciding a malpractice case. This research uses normative juridical research with a statutory approach, a conceptual approach, and a case approach. The result of this study is that the legal relationship between hospitals, doctors, and patients gives birth to rights and obligations for the parties based on the therapeutic agreement that has been regulated in Article 46 of Law Number 44 of 2009 concerning Hospitals, so that patients receive legal protection due to alleged malpractice committed by medical personnel, in this case doctors with the current laws and regulation
Going Beyond Counting First Authors in Author Co-citation Analysis
Full text linkThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
Variations on the Author
Full text link“Variations on the Author” discusses two of Eduardo Coutinho’s recent films (Um Dia na Vida, from 2010, and Últimas Conversas, posthumously released in 2015) and their contribution to the general question of documentary authorship. The director’s filmography is characterized by a consistent yet self-effacing form of authorial self-inscription: Coutinho often features as an interviewer that rather than express opinions propels discourses; an interviewer that is good at listening. This mode of self-inscription characterizes him as an author who is not expressive but who is nonetheless markedly present on the screen. In Um Dia na Vida, however, Coutinho is completely absent form the image, while Últimas Conversas, on the contrary, includes a confessional prologue that moves the director from the margins to the center of his films. This article examines the ways in which these works stand out in the filmography of a director who offers new insights into the notion of cinematic authorship
Appropriate Similarity Measures for Author Cocitation Analysis
Full text linkWe provide a number of new insights into the methodological discussion about author cocitation analysis. We first argue that the use of the Pearson correlation for measuring the similarity between authors’ cocitation profiles is not very satisfactory. We then discuss what kind of similarity measures may be used as an alternative to the Pearson correlation. We consider three similarity measures in particular. One is the well-known cosine. The other two similarity measures have not been used before in the bibliometric literature. Finally, we show by means of an example that our findings have a high practical relevance.information science;Pearson correlation;cosine;similarity measure;author cocitation analysis
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