Kejahatan yg dilakukan seseorang tak terlepas dari faktor-faktor kejiwaan terganggu yg sedang dialami. Tentu untuk mengetahui faktor penyebab terjadinya kejahatan tersebut, diperlukan proses penyelidikan dari pihak yg berwenang.
Kejiwaan adalah tingkat kecerdasan, sifat dan perilaku, serta kepribadian seperti emosi, adaptasi dan minatnya terhadap sesuatu yg dapat di terka dengan pikiran yg selaras menimbulkan gerak berupa tindakan.
1.PEMBENTUKAN HUKUM OLEH HAKIM
1)Hakim Merupakan Fakor Pembentukan Hukum
Dalam pelajaran tentang sumber-sumber hukum telah dijelaskan, bahwa berdasarkan pasal 21 Algemene Bepalingen Van Wetgeving Voor Indonesia, keputusan Hakim juga diakui sebagai sumber hukum formal.
2)Keputusan Hakim Bukan Peraturan Umum
Dalam pasal 21 A.B, bahwa Hakim tidak dapat memberikan keputusan yang akan berlaku sebagai peraturan umum. Dan dalam Kitab Undang-undang Hukum Sipil Pasal 19917 ayat 1, bahwa kekuasaan keputusan hakim hanya berlaku tentang hal-hal yang diputuskan dalam keputusan itu.
1.MENGAPAKAH ORANG MENAATI HUKUM
MAZHAB HUKUM ALAM
Adapun teori tentang Hukum Alam telah ada sejak Zaman dahulu yang antara lain diajarakan oleh Aristoteles, yang mengajarkan bahwa ada dua macam hukum, yaitu:
a.Hukum yang berlaku karena penetapan penguasa negara
b.Hukum yang tidak tergantung dari pandangan manusia tentang baik-buruknya, hukum yang “asli”
1.SUMBER-SUMBER HUKUM MATERIAL DAN FORMAL
Sumber-sumber hukum material, dapat ditinjau lagi dari pelbagai sudut, misalnya dari sudut ekonomi, sejarah, sosiologi, filsafatnya dan sebagainya.
a.Seorang ahli ekonomi akan mangatakan, bahwa kebutuhan pelbagai kebutuhan ekonomi dalam masyarakat itulah yang menyebabkan timbulnya hukum
b.Seorang ahli kemasyarakatan (sosiolog) akan mengatakan bahwa yang menjadi sumber Hukum ialah peristiwa-peristiwa yang terjadi dalam masyarakat
1.MANUSIA DAN MASYARAKAT
I.Manusia Sebagai Makhluk Sosial
Aristoteles (384-322 sebelum M), seorang ahli fikir Yunani Kuno menyatakan dalam ajarannya, bahwa manusia itu adalah ZOON POLITICON, artinya bahwa manusia itu sebagai mahkluk pada dasarnya selalu ingin bergaul dan berkumpul dengan sesama manusia lainnya, jadi mahkluk yang suka bermasyarakat . Dan oleh karena sifatnya yang suka bergaul satu sama lain, maka manusia disebut makhluk sosial.
View This Article For Good Advice About Lawyers
Do you need a lawyer who can help you win your case? This article is full of helpful tips that will help you learn more about choosing the right attorney. Read on to discover the right way to choose a lawyer who will help you find a lawyer.
Speak to attorneys you are thinking of hiring to get their rate list. There are many factors that determine a lawyer’s fees, including the number of years of experience, professional accreditation and whether he or she is in demand. Determine these costs before you commit to working with a lawyer. After the proceedings have begun, you do not want to lose your lawyer.
If your case concerns a real estate business, then you need a real estate lawyer. This person knows what he is doing and should be able to help you achieve a satisfactory result.
Do not choose the first name in the Yellow Pages as your choice! It’s critical to research your choices to make sure you’re getting the best. You don’t want to have hired a lawyer without a valid license or someone who has been charged with malpractice.
You and your lawyer should build a good working relationship and communicate regularly. Often a lawyer will not contact his client for a long time after being hired. Setting a schedule from scratch is a good way to overcome such problems.
Don’t make advances without careful consideration. If a lawyer wants a lot of money up front, make sure that anything left over is returned to you. Plus, it can pay off to shop around and find a lawyer who doesn’t want such a large advance.
Having an open line of communication with your attorney is very important. Make sure your lawyer is making progress and ask if there is anything you can do to help. The more you work, the easier your case will be.
This way you only have to deal with the business and not with the finances. This will also give you time to better sort out your finances.
Comfort is key. Your lawyer should be experienced, intelligent and kind to you. If your attorney doesn’t do this, you may need to look elsewhere.
Make sure your attorney devotes adequate time to your case and is not overworked with other cases. Discuss with your lawyer how much time he or she can devote to your case. Your attorney must honestly communicate your schedule to you. If you find that they don’t really have the time to handle your case properly, then you need to find another lawyer.
You should now be in a better position to find the right attorney for your needs. Remember what you read in this article as you search and select a lawyer. You’ll be glad you learned all this knowledge when it comes time to make a decision.
Read : DUTIES AND FUNCTIONS OF LAWYER (LAWYER)
Criminal law is the body of civil law, which primarily deals with criminal activity. It refers to criminal behavior undertaken with the intention of causing bodily injury, destruction of property, public disturbance, disruption of orderly society, invasion of personal liberty, etc. Criminal law involves violations of the criminal law but is not limited to such. It also includes civil law cases dealing with torts (acts done with the help of a lawyer) and criminal damages (injuries, damage or loss sustained by a person due to the fault of another).
criminal law Criminal law as we know it today evolved from the legal systems of ancient nations. The legal system of any country has a system of laws aimed at providing protection and support to citizens from the dangers of acts performed for criminal motives. Criminal law, therefore, can be thought of as a branch of the law system with jurisdiction over crimes, punishment of criminals, and rehabilitation of offenders. Civil law pertains to disputes between private parties and is dealt mostly with insurance, contracts, and other economic situations.
Criminal law is divided into two branches: criminal procedure and civil procedure. Criminal procedure includes the punishment prescribed by the penal code and includes punishment for crimes like murder, arson, rape, burglary, embezzlement, theft, etc. Other types of criminal law include punishment for defamation, piracy, terrorism, and breaches of the privacy of the press and television. Civil procedure is broader in nature and is applicable when there are injuries caused to a person or damage to property. It also includes accidents, damages to reputation, and negligent actions that cause bodily injury.
Criminal punishment is a term that can have various legal meanings. According to some legal authorities, there is no such thing as absolute punishment. Absolute punishment, the view favored by the courts, means that the gravity of the crime or the act does not depend on whether the state is at fault or not. For example, a person who kills someone because the person tried to rob him will not be charged with a capital crime (a capital crime is one that is punishable by the maximum penalty), despite the fact that the robbery was an act with grave personal and economic consequence. The death penalty, however, is only available for crimes of a Capital nature. The death penalty is therefore not a part of criminal law.
On the other hand, the state may make the use of certain criminal law tools to put a greater weight on a particular crime or to restrict some acts. In a broad sense, the state may use various criminal law tools to punish a crime or to deter specific crimes. These include mandatory sentences, preventive imprisonment, use of specialized courts, enhanced penalties for repeat offenses, use of incarceration as a punitive measure, etc. Some courts have allowed the use of capital punishment for certain crimes, but this has not been allowed in all states.
In criminal law, there are three classifications of crime: Misdemeanors, Misdemeanours, and Felonies. A misdemeanor is a unpermanent criminal offense that usually does not result in a prison sentence. Misdemeanours are offences that result in a suspended sentence or probationary sentence. Felonies, on the other hand, are criminal offences that result in a prison sentence of more than a year. Similarly, a violation of a no-fault statute is a Felony, whereas the same violation of a statutory law offense is a misdemeanor.
Every criminal law lawyer has his/her own area of specialization. Criminal defense lawyers specialize in particular crimes or areas of criminal law. These criminal defense lawyers can be regarded as criminal lawyers, criminal attorneys, court-martial lawyers, etc. Apart from these traditional fields of criminal law, however, there are also modern approaches to criminal law, which are known as criminal procedure and criminal justice.
Criminal law consists of different areas such as civil law, criminal law, international law, family law, corporate law, torts, corporate crime, administrative law, etc. The punishment incurred by a person depends on the nature and degree of criminal behavior. Punishment is also decided on the basis of the influence system and class of the convict, with respect to society. Criminal defense lawyers deal with the issues surrounding the administration of criminal law, with regards to criminal defense, with regard to criminal conviction, etc. Thus, criminal law is related to punishment, prevention, incapacitation, punishment and rehabilitation.
Criminal law is the body of criminal law which relates to criminal behavior. It also proscribes unlawful conduct perceived as dangerous, threatening, or otherwise threatening to the peace, security, and well-being of other people, inclusive of one’s own self. The law also includes theft, assault, arson, embezzlement, solicitation, riot, conspiracy, burglary, vandalism, and theft.
criminal law Civil law deals with noncriminal behavior. It involves disputes between individuals, companies, and organizations based on facts of a person’s or entity’s causation or impact. Civil law does not require the same degree of punishments as criminal law. The same can be said for a person’s property or rights. These can be disputed either by individuals, organizations, or the state.
Criminal procedure and criminal law are separate entities. Criminal procedure refers to proceedings that have to do with an accused for a criminal law trial or defense. Conversely, criminal law refers to the laws and statutes pertaining to crimes. Criminal defense lawyers defend criminal law cases, making arguments for or against a client’s innocence or guilt.
There are several theories associated with criminal law. One such theory is preventive arrest or prosecution. This theory suggests that individuals who commit crimes or those who are involved in the commission of crimes should be made aware that their actions may have criminal consequences that they may not be all that happy with. Other theories of criminal procedure include substantive and procedural laws. Placing the blame on someone for crimes is one such theory of criminal procedure.
Within the area of criminal law, there are two important theories; criminal procedure or criminal process. The first theory is that individuals have the constitutional right to a speedy criminal process. The second theory of criminal law is that individuals have a right to representation. Representation is viewed as an essential part of the right to a speedy criminal process. However, criminal process requires that defendants be afforded the opportunity to present their case in court and make their defenses before the judge or jury.
Within the area of criminal law, there are also criminal acts. Commonly used criminal acts include murder, arson, assault, DUI/DWI, rape, theft, fraud, grand theft, drug possession, drug trafficking, kidnapping, conspiracy, racketeering, embezzlement, accessory after the fact, arson, homicide, assault and battery. Some states have statutory or constitutional provisions that add additional crimes beyond the enumerated ones mentioned above. Many crimes have both a misdemeanor and felony aspect, which carry different penalties.
Criminal acts are not always committed within the confines of a criminal law courtroom. Some civil law cases result in a settlement, without ever entering a courtroom. These may involve negligence or failure of conduct. Negligence refers to a lack of knowledge regarding proper safety measures.
While the above overview of criminal law might seem rather complex, it should be enough to give you a basic understanding. There are crimes and penalties for various types of criminal offenses. Your lawyer can help you understand your situation and the laws in your state.
Some jurisdictions use different laws for different types of crimes. Keep in mind that laws in different states and jurisdictions do not always agree. For example, most states do not have a law that makes it a crime to rob while driving. Most states, however, have a law that makes it a crime to use a deadly weapon in the commission of a crime. You should consult with an experienced criminal law attorney to determine the extent of the charges you face.
In criminal law, there are two major parties in this crime: the prosecutor and the defendant. The prosecutor is the person who is responsible for pursuing the case against the suspected perpetrator. The prosecutor has the responsibility to prove each element of the crime beyond a reasonable doubt. If the prosecutor is not able to do so, the defense can be used to provide proof of guilt.
Not all crimes result in punishment. Some result in fines or probation only. Others result in incarceration. Because of the vast number of crimes and the diverse methods of punishment, criminal law is considered a very complicated area of law. Therefore, many people with no experience in criminal law choose to work with an attorney who is experienced in this area. An attorney with a great deal of knowledge of the laws regarding these complex areas of criminal law will be able to better represent his or her client and ensure that the defendant receives the full potential sentence.
In criminal law, punishments range from criminal fines, which are small amounts of money paid directly to the government or involved with criminal justice programs, to prison sentences and rehabilitation. While in some cases, probation is a sentence of limited imprisonment. Many states have created additional offenses that fall under the civil law category, including battery and assault. In addition, the death penalty is now a part of civil law.