Enforcement of Criminal Law on Crimes of Criminal Consensus Against State Security: Learning from Indonesia

The purpose of this legal research is to explain the first discussion, namely how to implement law enforcement against criminal conspiracy (samenspanning) which has been regulated in the Criminal Code and the Criminal Procedure Code. Second How is the imposition of sanctions for criminal conspiracy charges regulated in the Criminal Code in case Number: 293K / Pid / 2016. This type of research is normative research which is descriptive-analytical in nature, using secondary data with data collection techniques through library research and processing data qualitatively, it is concluded that law enforcement against criminal conspiracy is carried out by penal measures, penal measures are one of the efforts to enforce the law or all actions taken by law enforcement officials that focus more on eradication after a crime is committed under criminal law, namely criminal sanctions which constitute a threat to the perpetrator. The stages in this way include investigation, further investigation, prosecution, and so on, which in this case is part of criminal politics. The functionalization of criminal law is an effort to tackle crime through rational criminal law enforcement with the aim of creating the fulfillment of a sense of justice and efficiency. The imposition of sanctions Criminal sanctions imposed if a person has been proven to have committed a criminal act of treason can be punished with a criminal sentence contained in Article 106 of the Criminal Code with the threat of life imprisonment or twenty years in prison.

Pemberian Sanksi Pidana Bagi Pelaku Penyebaran Hoax Ditinjau Dari Aspek Tindak Pidana Terorisme

This research, descriptive analysis, with a statutory approach, conseptual approach. The purpose of this research is to analyze the from of spreading fake news in Indonesia legislation and criminal sactions for the perpetrators of spreading fake news in term of the criminal act of terrorism. The results of this study indicate that the form of spreading fake news can be categorized as criminal act of terrorism, where the criminal act of terrorism is also threatening the safety of the nation and the state, causing divisions, causing uproar in the community, even though the act of spreading fake news is not regulated in the terrorism law but causes the effect that may be the same as that of terrorism, it’s just that the act of spreading fake news does not threaten the lives of many people. Whereas the criminal sanction for the perpetrators of spreading fake news inthe terms of the aspect of the criminal act of terrorism are equivalent to the convictions of criminal conspiracy, attempted and assisting in committing the crime of terrorism.

Criminological Aspects of Conspirology

The author presents a criminological view of conspirology - the area of knowledge that analyzes phenomena connected with conspiracy, secret, undercover, hidden activities. From the criminological perspective, there are several dimensions to conspirology, each of which requires an independent analysis and methodological approach. The first one is traditional and relates to complicity or criminal conspiracy. The author shows the limited character of the Russian doctrine of participation in counteracting organized crime and objects against tabooing the topic of criminal conspiracy among the representatives of the legit bodies of power and governance. The second dimension describes the conspiracy of criminal activities, professional criminal management defined as the management of: 1) a criminal organization; 2) persons involved in criminal activities by criminal communities and their leaders; 3) convicted inmates. This leads to the concept of criminal bosses as persons involved in criminal management. The third dimension is connected with the interaction and cooperation between the representatives of official and criminal powers. The problem of corruption is especially relevant here. The fourth dimension relates to the criminalization of public relations of different types and levels, or the sliding of public governance into the quagmire of criminality, which, in its final form, leads to the emergence of a criminal state. The fifth dimension, most actively discussed at present, is the criminal plans of globalists, this deep subject of the world politics. Global conspirologists live in a surreal world of their own making, they signify negative social dynamics - backward movement to the past, to the «dark ages» of paganism. They are characterized by a criminal mentality. In the conditions when simulacra are piling up in the information space, each thinking individual is forced to decide whose side to pick: either that of the adepts of global conspiracy projects or of their opponents. The author suggests using the criminological criterion as one of the foundations for making this decision and determining how criminal the implemented projects are and how criminogenic are their consequences.

13. Inchoate offences

This chapter begins by explaining the concept of an inchoate or ‘incomplete’ offence. Such an offence may occur when D does all that he or she can do to commit the crime (such as shooting at the victim), but simply fails to bring about the outcome. Alternatively, such an offence may occur when D is still at the stage of preparation for committing the offence, but has come so close to committing it that it would be right to call the acts in question an ‘attempt’ in themselves. The chapter then discusses the justifications for penalizing attempts at crimes, the elements of criminal attempt, the justifications for an offence of conspiracy, the elements of criminal conspiracy, incitement, encouraging or assisting crime, voluntary renunciation of criminal purpose, the relationship between substantive and inchoate crimes, and the place of inchoate liability.