Jurnal Ilmu Hukum The Juris

TINJAUAN YURIDIS TENTANG PERLINDUNGAN HUKUM KEPADA KARYAWAN TERKAIT WANPRESTASI DALAM PERJANJIAN KERJA WAKTU TERTENTU

Khairul Habibi, Arikha Saputra — Sat, 23 Dec 2023 00:00:00 +0700

The default case that occurred at PT Thania Indo Jaya against 2 (two) employees out of a total of 4 (four) employees with a Specific Time Work Agreement (PKWT) who was laid off due to the co-19 pandemic, namely not giving compensation rights to these employees. In this case, the Government is consistent in maintaining PKWT by issuing Perpu Number 2 of 2022 and Government Regulation Number 35 of 2021. The purpose of this study is to determine legal protection for PKWT employees at PT. Thania Indo Jaya Semarang and PKWT arrangements in laws and regulations, legal consequences in the event of default between the Company and employees. This study uses a type or type of normative juridical study. Data collection techniques are carried out through interviews, observation and documentation studies. The results of the study show that legal protection for PKWT employees at PT. Thania Indo Jaya Semarang is in the form of employment social security for employees, except for employees who are still apprentices, where employees who are still apprentices only get guarantees from the funeral service, provide work clothes and work tools, and form a P2K3 team. PT Thania Indo Jaya Semarang has committed a crime (default), so that it can be subject to a maximum imprisonment of 4 (four) years and/or a maximum fine of Rp. 400,000,000;- (four hundred million rupiah). Legal consequences if there is a default in the work agreement, which in the cancellation of the agreement is regulated in Articles 1451 and 1452 KUHP.

REHABILITASI PEMULIHAN NAMA BAIK DEBITOR PAILIT DI INDONESIA

Aliya Sandra Dewi — Sat, 23 Dec 2023 00:00:00 +0700

This research aims to find out the debtor can restore his good name in order to restore his good name so that the debtor can still apply for credit again and the process that can be done to restore the good name of a debtor declared Bankrupt by the Court will lose reputation in the eyes of the public. The research method used is normative juridical, with a statutory approach (statue approach), historical approach (historical approach), and case approach (case approach).Based on the analysis and research results that first, the existing bankruptcy regulations are considered unreliable, namely the Civil Code, and Law No.37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations. Because bankruptcy can end with a peace. This peace is carried out by means of an agreement between the bankrupt debtor and the creditors to pay some of their debts first. However, in reality, not all settlements are acceptable. When reconciliation is not acceptable, insolvency becomes the way to end the bankruptcy. The second way to end a bankruptcy is through rehabilitation. Rehabilitation can be accepted if the creditor has received full payment of the debt. Then bankruptcy can be ended by a judge's decision in a higher court level. The judge's decision at a higher court level can revoke the bankruptcy declaration. In addition to these things, there are also things that can make bankruptcy end, namely the revocation of bankruptcy at the suggestion of the supervisory judge. The supervisory judge can give a recommendation to revoke the bankruptcy declaration decision because he knows the financial condition or assets of the bankrupt debtor.

PERLINDUNGAN HUKUM BAGI KONSUMEN AKIBAT PRICE FIXING AGREEMENT PADA TARIF ANGKUTAN UDARA YANG MENYEBABKAN PERSAINGAN USAHA TIDAK SEHAT

Rahmatul Ulya, Nuzul Rahmayani, Mahlil Adriaman — Sun, 10 Dec 2023 00:00:00 +0700

A price fixing agreement is an agreement practice entered into by companies in the same industry to fix prices for goods/services together in the relevant market. Price fixing agreements on air freight rates have a negative impact on business competition, especially for consumers who use air transport services. This study aims to determine the form of price fixing agreement practices on air freight rates and the form of legal protection for consumers against price fixing agreements on air freight rates. This research uses normative legal research methods through literature study. The results of this study indicate that business actors who enter into price fixing agreements to increase the price of airplane tickets beyond the specified tarif limit have violated the provisions of business competition law, which can harm consumers. The legal protection provided to consumers in the form of preventive legal protection and repressive legal protection depends on the jurisdiction and the applicable legal framework.

ANALISIS YURIDIS PUTUSAN PENGADILAN TINDAK PIDANA PEMUFAKATAN JAHAT DALAM MELAKUKAN TINDAK PIDANA NARKOTIKA OLEH ANAK

Yelli Sri Wahyuni, Sukmareni, Syaiful Munandar — Sun, 10 Dec 2023 00:00:00 +0700

Narcotics Crime has occurred a lot in Indonesia. One of those who commit narcotic crimes is a child. Parents are obliged to fulfill the rights of children so as not to fall into drugs and promiscuity. As is the case with the defendant Fajar Bumi Putra who has been sentenced by the Payakumbuh District Court judge, but the problems and objectives of this study are to analyze 1) The basis for the judge's consideration of the Evil Conspiracy case Number 1/Pid.Sus-Anak/2021/PN-Pyh in imposing a sentence on a child who commits a narcotic crime. 2) The basis in what case is a child who commits a narcotic crime under number 1/Pid.Sus-Anak/2021/PN Pyh regarding Evil conspiracy committed by children is in accordance with the Law.. Based on the results In this study, the authors suggest efforts to prevent narcotics crime, protect children's values â€‹â€‹and educate children so they don't fall prey to narcotics and promiscuity by judges and law enforcement officials such as public prosecutors.

TINJAUAN TERHADAP PELANGGARAN LALU LINTAS KENDARAAN RODA DUA OLEH ANAK DI BAWAH UMUR DI WILAYAH HUKUM POLRESTA BUKITTINGGI

Tomi Saputra, Sukmareni, Riki Zulfiko — Sun, 10 Dec 2023 00:00:00 +0700

Two-wheeled vehicle traffic violations committed by minors in the jurisdiction of the City of Bukittinggi still occur a lot and have even increased from year to year. This study aims to find out how law enforcement is against violations of two-wheeled vehicle traffic by minors and the constraints and efforts made to enforce the law on traffic violations of minors. This study uses empirical legal research methods. The results of this study, namely: 1) Law enforcement of traffic violations by minors in the City of Bukittinggi, is by Law Number 22 of 2009 concerning Road Traffic and Transportation, but there are still obstacles in its implementation, 2) Efforts law enforcement of two-wheeled vehicle traffic violations by minors has been carried out to the maximum extent possible by the Bukittinggi Police Traffic Unit, but in making these efforts there are obstacles encountered. These efforts are in the form of pre-emptive (coaching), preventive (counseling), and repressive (action) legal remedies.

PELAKSANAAN PEMBONGKARAN BANGUNAN YANG TIDAK MEMILIKI IMB DI KECAMATAN TAMPAN

Muhammad Rio Andalas Tanjung, Ardiansyah, Silm Oktapani — Sun, 10 Dec 2023 00:00:00 +0700

The purpose of this research is to explain the form of implementation, obstacles faced, and efforts to overcome obstacles in demolishing buildings that do not have building permits in Tampan District based on Regional Regulation Number 1 of 2010 concerning Building Permit Levy. The research method used is a sociological research method on legal effectiveness. Through observation techniques, structured interviews, questionnaires and literature review. Data analysis used qualitative analysis, and used deductive methods. There were 5 demolitions of buildings did not have building permits in Tampan District in 2019 and 7 in 2020 in Tampan District. Based on data from warning letters attached in 2019, there were 172 illegal buildings and 139 illegal buildings in 2020 that had not yet been followed up in Tampan District. The obstacle faced is the limited number of members of the relevant department so that they cannot carry out control effectively in Tampan District. There is no agenda for controlling illegal buildings that do not have a permit in Tampan District. Efforts that need to be made are scheduling the control of illegal buildings that do not have a permit in Tampan District, and even strict sanctions need to be implemented against people who commit violations. It is necessary to increase the number of relevant service personnel on duty in the Tampan District area, and provide legal outreach/counseling for the entire community.

PERLINDUNGAN TERHADAP HAK RESTITUSI KORBAN TINDAK PIDANA PENIPUAN TERKAIT DISPARITAS PENERAPAN RESTITUSI OLEH PENGADILAN

Rachmat Harijanto, Timbo Mangaranap Sirait — Sun, 10 Dec 2023 00:00:00 +0700

There are implementation problems due to the regulation of victim restitution, but some weaknesses can cause implementation problems. The purpose of this research is to examine money laundering restitution agreements and measures to protect and fulfill victims' restitution requests in Decision 1/PID.SUS/2023/PT.BDG. This research was conducted using the normative legal method. This research uses a legal approach based on relevant laws and regulations, a conceptual approach based on recognized legal theories and concepts, and a case study approach on cases relevant to this research. From the study results, it is concluded that there is ambiguity in the law's reimbursement regime which raises doubts about its application among law enforcement officials. This may result in victims failing or claims for damages being rejected. Moreover, in Decision No. 1/PID.SUS/2023/PT.BDG, the role of the judge and prosecutor is very important so that the defendant is willing to pay compensation. Even if the victim is reluctant to ask for restitution, the judge or prosecutor can ask the defendant to pay the victim.

DISPARITAS HAK-HAK PROFESI SECURITY YANG TERIKAT PERJANJIAN KERJA WAKTU TERTENTU

Sun, 10 Dec 2023 00:00:00 +0700

Workers' rights are one of the human rights. The type of research used by researchers in this study is empirical-juridical. The research approach used is empirical. Data collection techniques using in-depth interviews and observation All primary and secondary data in this study were collected and analyzed qualitatively. The results of his research show that there is a disparity in the rights of women workers. The conclusion is that the disparity in the rights of the security profession that is bound by fixed time work agreement that has been fulfilled at PT Jaguar Inti Perkasa is the provision of wages based on the city minimum wage, the provision of Holy Day Allowance rights, menstrual/menstrual leave rights, maternity leave rights, miscarriage leave rights, annual leave rights, permission to leave work with get wages, the right to occupational safety and health, the right to get the benefits of Institution of Social Security employment, the right to guarantee health care; While the disparity in the rights of workers bound by fixed time work agreements that have not been fulfilled is that they have not been given fixed time work agreement compensation money, there are no private regulations contained in company regulations governing the right to special facilities at certain hours for women workers, there are no provisions governing shift work hours for women workers, and there is no specific provision that regulates that women workers whose children are still breastfeeding must be given proper opportunities to breastfeed their children.

PELAKSANAAN PENGAWASAN PELAYANAN PUBLIK OLEH OMBUDSMAN

Sri Hariati — Sun, 10 Dec 2023 00:00:00 +0700

This research aims to determine the implementation of public service monitoring by the ombudsman. The Ombudsman is an independent institution that receives and investigates complaints from victims of public maladministration. Several problem formulations will be discussed, including How the Public Service Administration System is and what is the position of the Ombusdman in the Constitutional System of the Republic of Indonesia. The method used is normative-empirical legal research. Public services according to the Public Service Law include public goods and public services and administrative services regulated in statutory regulations. Article 2 Law no. 37 of 2008 emphasizes that the position of the Ombudsman is a state institution that is independent and does not have organic relationships with other state institutions and government agencies, and in carrying out its duties and authority is free from interference from other powers.

IMPLEMENTASI PEMBAYARAN NAFKAH ANAK PASCA PERCERAIAN DI KABUPATEN KUTAI TIMUR KALIMANTAN TIMUR

Luqman Hariyadi, Darmawati, Salehudin — Sun, 10 Dec 2023 00:00:00 +0700

The purpose of this research is to understand and analyze the implementation of child support payments post-divorce in Kutai Timur Regency, East Kalimantan Province. The research method used is a field study with a normative-empirical approach. Primary data sources were gathered through interviews with the Chief of the Religious Court in Sangatta, judges, child support claimants, and other relevant parties. The results of this research indicate that child support payments after the dissolution of marriage in the jurisdiction of the Religious Court in Sangatta are still not functioning properly. This is due to the economic incapacity of the fathers and negligence on the part of fathers in providing post-divorce child support.

PERLINDUNGAN HUKUM BAGI KONSUMEN AKIBAT PERIKLANAN PRODUK KOSMETIK

Resti Riancana, Nur Moh. Kasim, Fence M. Wantu — Sun, 10 Dec 2023 00:00:00 +0700

This article aims to determine consumer protection due to misleading cosmetic product advertisements also about influencer liability due to advertising cosmetic products that do not match the truth. The method in this study is a normative legal research method, with legal and a conceptual approach. The analysis technique is qualitative analysis technique by reviewing laws and regulations and analyzing them. The result of this study is that the state has regulated consumer protection in terms of misleading cosmetic advertisements, but the position of influencers has not been clearly regulated in Indonesian law. So in demanding accountability and to protect consumer rights, the rules are still unclear.

EFEKTIVITAS PROGRAM BIMBINGAN PERKAWINAN DI KOTA SAMARINDA

Firmansyah, Lilik Andaryuni — Sun, 10 Dec 2023 00:00:00 +0700

Research on the Effectiveness of Pre-Marital Counseling Programs in Samarinda City through field research methods delineates the pivotal role of this program in preparing prospective couples for marriage and establishing a harmonious family. The research conducted in Samarinda City allowed for data collection from pre-marital counselors and prospective couples who participated in this program. The results indicate the program's success in enhancing the physical, mental, and spiritual readiness of prospective couples. Various teaching methods such as lectures, group discussions, case simulations, and personal counseling sessions provide in-depth insights into various aspects of marriage, practical skills, and relevant spiritual values. However, the evaluation identified several challenges that need addressing, such as improving program accessibility, ensuring consistent implementation, accommodating diverse group needs, and ongoing evaluations. Nonetheless, the pre-marital counseling program in Samarinda City significantly contributes to comprehensively preparing prospective couples, including in knowledge, skills, and legal preparations. Thus, this study underscores the importance of ongoing evaluation and program adaptation to enhance its effectiveness. This supports the development of a more responsive and inclusive program, offering greater benefits to prospective couples as they prepare for married life.

URGENSI RECHTERLIJK PARDON DALAM PEMBAHARUAN HUKUM PIDANA DI INDONESIA

Bella Putri Hunowu, Fenty U. Puluhulawa, Weny Almoravid Dungga — Sun, 10 Dec 2023 00:00:00 +0700

This research discusses changes in Indonesian criminal law regarding legal forgiveness, as one type of decision in criminal cases. The journal aims to understand the urgency and purpose of studying the values of Pancasila that underlie the regulations and implementation of legal forgiveness. The research uses a normative juridical approach with a legislative and conceptual approach. The journal finds that judicial forgiveness is a manifestation of Pancasila values in the process of enforcing criminal law and is part of an effort to Indonesianize those regulations. Criminal law, which has hitherto been based on principles of colonial states.

TANGGUNGJAWAB RUMAH SAKIT TERHADAP PENGAMBILAN DAN PENYEBARLUASAN GAMBAR DIRI PASIEN YANG MELANGGAR KESUSILAAN

Nitro Galenso, Dian Kurniasari Yuwono — Sun, 10 Dec 2023 00:00:00 +0700

Prioritizing patient privacy is a characteristic of Hospital services. However, sometimes, it is violated intentionally or unintentionally. The violation act is such as taking the image of a patient in a certain unethical condition without the patient's consent. This study is a law normative study with a statuta approach, held in August 2023. It aims to analyze the laws and regulations related to the Government's responsibility to provide safety and patient privacy in hospital services. The spreading of unethical patients' self-images shows that the implementation of related laws and regulations needs to be improved. The recording/photographing of patients is the Hospital's responsibility by the Act/Law No. 17 of 2023, which points out the patient's/family's/Hospital's consent and the Health Ministerial Regulation no.24, 2016 on technical requirements for hospital buildings and infrastructure that divide privacy zones of patient service. Meanwhile, distributing/spreading unethical images of the patients through media is the responsibility of a person/party in accordance with act/law no. 19 of 2016 on the amendment to act/law no. 8 of 2008 on information and electronic transactions. If these laws and regulations were implemented optimally by all parties, the chance of recording/photographing patient in unethical conditions without their consent or violating their privacy, could be prevented. Implementations of related laws and regulations should be conducted of all parties. Regarding this matter, Hospitalsâ€™ responsibilities are providing information, education, forbidden signs, and security guarantees to the patient and their family.

KEDUDUKAN KLASULA BAKU DALAM PERJANJIAN BERDASARKAN UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN

Rahmat Noholo, Fence M Wantu, Dian Ekawaty Ismail — Sun, 10 Dec 2023 00:00:00 +0700

This article aims to find out how the position of the standard clause in an agreement in this case refers to consumer protection regulated in Law Number 8 of 1999 concerning Consumer Protection where the inclusion of standard clauses in an agreement both retail banking transactions and others as is still very much happening in everyday life, where when this clause is agreed upon by both parties then the agreement is considered binding and applies like a law for both of them However, on the other hand, there are opinions that oppose the inclusion of standard clauses in agreements, especially based on the principles of balance and fairness in contracting. By using descriptive analytical research methods and a normative juridical approach, the author wants to answer the extent of the validity and unenforceability of standard clauses in agreements and also how standard clauses in an agreement based on Law Number 8 of 1999 concerning Consumer Protection. The result of this research is that the prohibited standard clause is a clause in a standard agreement that contains a transfer of responsibility of the business actor. the transfer of responsibility has been regulated by the prohibition of its inclusion through Article 18 Paragraph (1) of the GCPL Law.

PERLINDUNGAN TERHADAP PEKERJA DISABILITAS BERUPA PENYEDIAAN FASILITAS KERJA PADA PERUSAHAAN

Nurul Putri Fajrianty, Fence M. Wantu, Weny Almoravid Dungga — Sun, 10 Dec 2023 00:00:00 +0700

This article aims to find out how the disabled workers in the existing offices and enterprises in the city of Gorontalo, which are according to the rules of the Legislative Act No. 8 of 2016 on Disabled Persons and the Law No. 13 of 2003 on Employment. The protection concerned is the protection of the rights of disabled workers due to the very vulnerable circumstances of the disabled worker in their day-to-day activities. The rights studied by the researchers are more to the fulfilment of the rights of absorption of disabled workers and also the provision of facilities and accessibility for disabled employees The method used in the writing of this paper is the juris-empirical method with the fact approach and the statue approach. Primary and secondary legal data sources based on legislative regulations as well as books related to the protection of wage rights and to fill in secondary data then conducted a session of interviews with the parties concerned. With the data analysis used is qualitative data analysis. Based on the results of this study, it can be concluded that protection for disabled workers in the city of Gorontalo has not been effective because it has not provided the facilities or aids that should be available to disabled employees.

Penegakan Hukum Tindak Pidana Korupsi Ditinjau dari Teori Efektifitas Hukum

Firnando Sinaga, Hendricus Abednego Lubis, Mustika Bunga Hijriyah — Sun, 10 Dec 2023 00:00:00 +0700

The default case that occurred at PT Thania Indo Jaya against 2 (two) employees out of a total of 4 (four) employees with a Specific Time Work Agreement (PKWT) who was laid off due to the co-19 pandemic, namely not giving compensation rights to these employees. In this case, the Government consistently maintains PKWT by issuing Perpu Number 2 of 2022 and Government Regulation Number 35 of 2021. This study aims to determine legal protection for PKWT employees at PT. Thania Indo Jaya Semarang and PKWT arrangements in laws and regulations, legal consequences in the event of default between the Company and employees. This study uses a type or type of normative juridical study. Data collection techniques are carried out through interviews, observation and documentation studies. The study results show that legal protection for PKWT employees at PT. Thania Indo Jaya Semarang is in the form of employment social security for employees, except for employees who are still apprentices, where employees who are still apprentices only get guarantees from the funeral service, provide work clothes and tools, and form a P2K3 team. PT Thania Indo Jaya Semarang has committed a crime (default), so that it can be subject to a maximum imprisonment of 4 (four) years and/or a maximum fine of Rp. 400,000,000;- (four hundred million rupiah). Legal consequences if there is a default in the work agreement, which in the cancellation of the agreement is regulated in Articles 1451 and 1452 KUHP.

ANALISIS PENEGAKAN HUKUM TINDAK PIDANA PENCUCIAN UANG TANPA PUTUSAN PIDANA ASAL KORUPSI

Johri, Rodliyah, Rina Rohayu Harun — Sun, 10 Dec 2023 00:00:00 +0700

This research aims to analyze the process of law enforcement and prevention of money laundering crimes originating from corruption based on Law Number 8 of 2010 on the Prevention and Eradication of Money Laundering Crimes and the efforts made by third parties acting in good faith to recover their assets if the money laundering crime is not proven in the corruption offense. The research method used in this study is a normative legal research method. From the analysis conducted, the legal enforcement mechanism for money laundering crimes originating from corruption as the underlying offense is essentially bound by the Criminal Procedure Code (KUHAP), the Money Laundering Act, and the Corruption Criminal Act. In the law enforcement process for money laundering crimes, there are still obstacles, both in terms of substantive law (substantive law) and procedural law (formal law). Additionally, the efforts that can be made by third parties to recover their assets are not sufficiently regulated in Law Number 8 of 2010, which means that it may not fully satisfy the principles of justice and legal certainty. To combat and prevent money laundering crimes, especially those derived from corruption, it is not only necessary to have law enforcement agencies with competent human resources for investigation and prosecution, but it is also essential to build synergy among stakeholders to prevent and combat money laundering crimes. Given that combating money laundering crimes involves multiple institutions such as financial institutions, law enforcement agencies, the Financial Transaction Reports and Analysis Center (PPATK), and other relevant agencies as subsystems, including Bank Indonesia, financial service providers, goods and services providers, the Capital Market Supervisory Agency (BAPEPAM-LK), the Ministry of Communication and Information Technology, the Directorate General of Customs and Excise (DJBC), and law enforcement authorities.

PERATURAN HUKUM TERKAIT TANGGUNG JAWAB PJI DALAM PENYARINGAN KONTEN PORNOGRAFI MELALUI INTERNET DI INDONESIA

Gitacitra Purnama Akbar, Fence M. Wantu, Dian Ekawaty Ismail — Sun, 10 Dec 2023 00:00:00 +0700

Nowadays, the development of science and technology such as the Internet (interconnected computer network) can practically support any profession and its work, thus allowing you to achieve your life goals in a short time. The internet can also be detrimental to the interests of others. As internet and mobile phone technology advances, so does social media. As the number of internet users increases, more and more people are using these social networks for various purposes, some for positive purposes, some for cybercrime. The ease of access to pornographic content is believed to be one of the main causes of the increase in sexual crimes against children in Indonesia. The research used is normative legal research that examines literature studies based on normative systems. The results of this research are in the form of an analysis of the legal regulations related to the responsibility of PJI in filtering pornographic content via the internet in Indonesia.

PENYELESAIAN SENGKETA KONSUMEN DALAM TRANSAKSI CROSS BORDER E-COMMERCE SEBAGAI UPAYA MEMBERIKAN PERLINDUNGAN HUKUM

Firmansyah Umar, Fenty U. Puluhulawa, Fence M. Wantu — Sun, 10 Dec 2023 00:00:00 +0700

This article aims to know the consumer protection in transactioncross border e-commerceand consumer dispute resolution due to losses experienced by consumers in the transaction. This research is a normative legal research that uses secondary data such as legislation. Legal protection of consumers in transactions e-commerceis regulated by Law No. 8 of 1999 on Consumer Protection and Law No. 19 of 2016 on Amendments to Law No. 11 of 2008 on Electronic Information and Transactions. Zincleta settlement in cross border e-commerceinvolves various problems, especially related to standard clauses referring to foreign jurisdictions. The ITE Law provides a legal basis for e-commerce,but does not specifically regulate cross-border agreements, various methods of dispute resolution, such as mediation, arbitration, and ODR (Online Dispute Resolution) becomes relevant in this context. In conclusion, legal protection of consumers in cross-border e-commerceneeds to be strengthened. Dispute resolution involves the role of institutions such as the Consumer Dispute Resolution Agency (BPSK) and the Indonesian National Arbitration Board (BANI), but the implementation of ODR can be an innovative solution to handle disputes efficiently, especially in the international sphere.need to be strengthened.

ANALISIS YURIDIS PERBUATAN PENYUAPAN DALAM TINDAK PIDANA KORUPSI

Imelda Hasibuan, Sunariyo — Sun, 10 Dec 2023 00:00:00 +0700

Over time, discussions about corruption have never ceased; corruption in Indonesia is rising. Corruption has spread widely in society in terms of the number of cases and the amount of state losses. It is a criminal act of exceptional quality, penetrating all aspects of community life. Examined from a juridical perspective, corruption is an extraordinary crime. Uncontrolled corruption will bring disaster not only to the nation's life but also to the nation and the state. The enforcement of Co Crimes law (Law Number 20 of 2001 amending Law No. 31 of 1999 concerning the Eradication of Corruption Crimes) is the primary remedy (preferred means), and criminal sanctions are the primary choice (premium medium). The results of this research show that the judge's decision is considered incorrect because the decision is proven to involve bribery as stated in Article 11 of Law Number 20 of 2001, amending Law No. 31 of 1999 concerning the Eradication of Corruption Crimes against the perpetrator mentioned, Jamel Panjaitan. Even though legal considerations and witness statements confirm that the perpetrator committed the crime of corruption through extortion as regulated in Article 12 letter e of Law Number 20 of 2001 amending Law No. 31 of 1999 concerning the Eradication of Corruption Crimes. Moreover, if the perpetrator's actions involve bribery, the briber should also be punished.

TINJAUAN HUKUM PENJATUHAN PUTUSAN PIDANA TERHADAP PELAKU TINDAK PIDANA JUDI ONLINE

Deva Yurita, Sukmareni, Yenni Fitri Z — Wed, 13 Dec 2023 00:00:00 +0700

This study analyzes the considerations by judges in imposing criminal decisions on perpetrators of online gambling crimes in Decision Number 111/Pid.B/2022/Pn Bkt. This research uses normative law research. Data analysis is used by interpreting the data and presenting it in sentences to answer problems in subsequent chapters. The results of this study are: 1) The panel of judges in deciding the considerations in the decision considers more juridical considerations that look at the defendant's background and life further. The judge should be able to give a more severe deterrent effect to the defendant, remembering the defendant is not just a number taker on gambling games online but acting as a bookie. 2) In imposing a criminal verdict, the public prosecutor and the Panel of Judges should also use the law on electronic transactions and information, considering that the defendant's case is online gambling, accessed using the network.

KEBIJAKAN PENEGAKAN HUKUM DALAM UPAYA MENANGANI CYBER CRIME YANG DILAKUKAN OLEH POLRI VIRTUAL DI INDONESIA

Mohamad Suarno Nur, Fenty Puluhuwa, Fence M. Wantu — Sun, 31 Dec 2023 00:00:00 +0700

This research aims to understand and analyze the legal regulatory policies regarding information technology crimes in addressing cybercrime committed by virtual police in Indonesia. In the midst of technological advancements and their negative impacts, especially cybercrimes, handling cybercrime becomes a complex challenge. This study involves normative legal analysis focusing on doctrines and legal principles found in legislation and court decisions.The results indicate that the criminal legal regulations related to cybercrime in Indonesia are not yet fully adequate. Although Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Electronic Information and Transactions has regulated some aspects, further harmonization and adjustment are still needed in line with the development of cybercrimes. In dealing with cybercrime, the roles of virtual police and cyber police in Indonesia need to be clearly understood. Virtual police emphasize preventive efforts, while cyber police follow up on cases through law enforcement. The existence of this difference needs to be socialized so that the public understands their roles in combating cybercrime.

ANALISIS YURIDIS KEDUDUKAN MAHAR DALAM HUKUM PERKAWINAN

Dwi Apriliyani J Nusi, Nur Mohamad Kasim, Weny Almarovid Dungga — Sun, 31 Dec 2023 00:00:00 +0700

This article aims to find out how Mahar's position on the law of marriage in particular for Islamic believers where the obligation of Mahar is a thing to be carried out and how the compilation of Islamic law views on the Mahar arrangement. But the reality is that there is still a divergence in the society that from the prospect of the bride to the prospective bride asks Mahar to a very oppressive male prosecutor so that the prosecuted bride is unable to hold it that eventually the candidate bride and bride take the crossroads of fleeing to the place of the Principal. So to reveal that, the author uses the Library Research approach with the research methods carried out to study literature and writings that are closely related to the issues raised in this research. The functions of the Mahar are: a. the distinction between marriage and marriage; b. the form of respect, appreciation, and protection for women; c. the type of seriousness of a man toward the woman he is to marry; d. the symbol of the responsibility of a woman toward a given Mahar; e. a symbol of responsibility for a man; and f. the symbole of agreement and disagreement.

ANALISIS PERTANGUNGJAWABAN TINDAK PIDANA PENCUCIAN UANG YANG DILAKUKAN OLEH KORPORASI

Qiaro Tamyiz, Taun — Sun, 10 Dec 2023 00:00:00 +0700

The concept of criminal liability against corporations s a new concept criminal law. The difficulty of mposing responsibility on the corporation n committing the crime of laundering creates problems, namely when the corporation s deemed to have committed a crime of money laundering and how s the responsibility mposed. To find out this, the researcher used the juridical-normative method, with secondary data sources through a statutory approach, a legal analytical approach and a case approach and a qualitative data analysis method. The results of the study show that Law No. 8 of 2010 PPTPUU does not directly regulate when a corporation commits the crime of money laundering, so the author needs to nterpret and link the articles of money laundering with corporations as the subject of a crime. The actor acts as the directing mind by mposing on the corporation and / or corporate controlling personnel. There s no explanation for the mposition of corporate responsibility so that n order to transfer the burden of responsibility to the corporation and / or corporate control personnel, t s necessary to use the doctrine of vacarious liability theory with the theory of responsibility approach: Delegation (doctrine of delegation), dentification (doctrine of dentification) and Aggregation (doctrine of aggregation), so that corporations can be punished / held accountable.

ANALISIS KASUS ROCKY GERUNG YANG DIDUGA MELAKUKAN PENGHINAAN TERHADAP PRESIDEN JOKOWI DODO

Tue, 26 Dec 2023 00:00:00 +0700

This study analyzes the case of insult against President Jokowi Dodo by Rocky Gerung, an intellectual and critic of the government. This study uses a qualitative method with a case study approach, which allows the researcher to understand the phenomenon from various aspects. Qualitative data were collected from various sources, such as mass media, social media, and legal documents. This study uses the Differential Association theory and the Labelling theory to explain Rocky Gerung's behavior. The results of the study show that Rocky Gerung's statement has the potential to be considered as insulting the president personally, even though he claims to be a critique of the government's policy. Insulting the leader of the state should not be done in the space of democracy and freedom of expression. As an intellectual, Rocky Gerung should express his opinion with responsibility and respect for public institutions.

KASUS PEMBEGALAN TERHADAP MAHASISWA UNIVERSITAS MUHAMMADIYAH SUMATERA UTARA MEDAN

Thu, 28 Dec 2023 00:00:00 +0700

This research investigates incidents of attacks on students at the University of North Sumatra (UMSU) in Medan City; This is intended for analysis. Focus on factors, namely influencing factors and actionable improvement strategies. This investigation method involves sources who investigate robbery cases in Medan City. The research results show that there is a relationship between factors such as street lighting, traffic density, and personal safety behavior and the frequency of robberies. The implications of these findings can be used to develop more urban safety measures.

TINDAK PIDANA DAN BENTUK PERLINDUNGAN TERHADAP ANAK

Sun, 24 Dec 2023 00:00:00 +0700

Law enforcement against the crimes of sexual abuse and rape is fudamental in a state of law. The handling of sexual crimes against children in the Indonesian criminal law system is regulated in the Criminal Code and other provisions that specifically regulate sexual violence against children. The case of sexual abuse of 6 students committed by the head of an Islamic boarding school (ponpes) in Gunung Kencana sub-district, Lembak, Banten, is suspected of having molested and raped a number of students. In this study the author wants to examine what criminal offenses ensnare the perpetrators of the crime of sexual abuse and the forms of protection provided to child victims of criminal acts. The research used is nomative juridical research, namely through case studies through news and then linked to theories and existing laws and regulations. Criminal actions that can be imposed on MS perpetrators are Article 76D in conjunction with 81 and 76E in conjunction with 82 of the Child Protection Law with a minimum imprisonment of 5 years and a maximum of 15 years and plus one third and the form of protection provided to child victims of sexual violence crimes, namely assistance at every level of court, psychological assistance and education.

PELAKSANAAN PENEGAKAN HUKUM OLEH KEPOLISIAN DAERAH BALI DALAM TINDAK PIDANA FIDUSIA DI WILAYAH HUKUM POLDA BALI

Tue, 26 Dec 2023 00:00:00 +0700

The clause 4 of Law Number 42 of 1999 concerning Fiduciary Guarantees confirms that Fiduciary Guarantees are a follow-up agreement to a principal agreement which creates an obligation for the parties to fulfill an agreement achievement. The failure to achieve the agreement achievement from the debtor makes the person concerned have to face a legal process, which begins with the investigation from Police. Based on the background of the problems above, several problems can be formulated, including what is the role of law enforcers for Bali Regional Police in fiduciary crimes in the Legal Area of the Bali Regional Police? And what are the obstacles that faced by the Bali Regional Police in enforcing the law on fiduciary crimes in the Bali Regional Police Legal Area? The research method used is an empirical research method by examining the practice of implementing Law Number 42 of 1999 concerning Fiduciary Guarantees with data collection techniques through document studies and through interviews with investigators from the Special Criminal Investigation Directorate of the Bali Regional Police. The results of the study show the following conclusions: first, the role played by the investigator is the role of prevention (preventive) and repression (repressive) against the perpetrators of crime. Second, there are internal and external inhibiting factors in the implementation of law enforcement on fiduciary crimes.

PENEGAKAN HUKUM TINDAK PENGANIAYAAN DALAM MENERAPKAN RESTORATIF JUSTICE

Mohd. Yusuf DM, Roy Ando Sirait, Reski, Henny Susylawaty Ginting, Rezky Imelda — Fri, 15 Dec 2023 00:00:00 +0700

The National Police Regulation on Handling Crimes based on Restorative Justice is a step taken by the National Police in realizing the resolution of criminal acts by prioritizing Restorative Justice, which emphasizes restoring the original state and balancing the protection and interests of victims and perpetrators of criminal acts that are not oriented towards punishment, is a legal necessity in society. The Police Regulation on Handling Crimes based on Restorative Justice is a new concept in criminal law enforcement that accommodates the norms and values prevailing in society as a solution while providing legal certainty, especially the benefit and sense of justice of the community, in order to answer the development of the legal needs of the community that fulfills the sense of justice of all parties, which is a manifestation of the authority of the National Police in accordance with Article 16 and Article 18 of Law No.02 of 2002 concerning the National Police of the Republic of Indonesia.The method used is normative legal research. Based on the results of the research, it is known that the Regulation of the Indonesian National Police (Perpol) No. 8 of 2021 concerning law enforcement of persecution applies a restorative justice approach, which can be understood from a legal sociology perspective as an effort to restore social relations and resolve conflicts in an equitable manner. Restorative justice emphasizes the rehabilitation of perpetrators and the restoration of relationships between perpetrators and victims, creating social balance, and reducing stigmatization. This approach reflects a paradigm shift from punitive sanctions to social repair, which is expected to make a positive contribution to the social dynamics of society.

KONSEP NULITAS DALAM KONTRAK PENGADAAN BARANG ATAU JASA YANG DIKERJAKAN OLEH PIHAK PEMINJAM NAMA PERUSAHAAN

Bintang Puwan Permata — Sun, 31 Dec 2023 00:00:00 +0700

The Commitment Officer as the services user is the aggrieved party in a procurement contract for goods/services signed and/or executed by the party borrowing the company's identity. This is because the work is carried out by a party who, legally, lacks the authority and legitimate position and cannot be directly held accountable for the executed work. Consequently, delays and a decrease in quality may occur in line with the specified technical specifications. This article aims to provide an overview for parties involved in government procurement contracts regarding the consequences and legal actions that can be taken in the event of a dispute over a government procurement contract signed and/or executed by a party borrowing the company's identity. This way, it can anticipate potential adverse situations. This article is a normative legal writing using legislative and conceptual approaches. The data used include primary legal materials and secondary legal materials analyzed through deductive reasoning. The concept of null and void applies to agreements involving borrowing a company's name with the intention of directing the tender to be won by a participant under its control. On the other hand, for agreements involving borrowing a company's name made on the grounds of not having a company or business entity that meets tender requirements, the concept of cancellability applies.