The Juris

PERBEDAAN MAKNA ALASAN PHK: IMPLIKASI HUKUM TERHADAP HAK-HAK PEKERJA DAN KEWAJIBAN PERUSAHAAN

Stevanus Andrian Dewangga, Royhan Fakhri Megantara, Mardian Putra Frans — Fri, 07 Jun 2024 00:00:00 +0700

Termination of Employment (PHK) or layoff is a significant action in the world of employment. Differences in the meaning of reasons for layoffs between workers and companies can be a source of complex conflict with significant legal enforcement. This research aims to analyze the differences in the meaning of reasons for layoffs between workers and companies as well as law enforcement regarding workers' rights and company obligations. The research method used is a descriptive analysis approach with reference to statutory regulations and court decisions regarding layoffs. Data was collected through literature studies, analysis of legal documents, and research of related cases in employment courts using a case approach. The research results show that differences in the meaning of reasons for layoffs between workers (Mr. ATNY) and companies (PT. Novell Pharmaceutical Laboratories) can be related to legal interpretation, factual assessment, or subjective perception. Workers may consider that the reasons for layoffs given by the company are invalid or unfair, while the company believes that these reasons are in accordance with applicable legal provisions. This difference in meaning can have a significant impact on workers' rights and company obligations. Therefore, efforts are needed to reach a common understanding regarding the legal interpretation of reasons for layoffs, so that it can help reduce conflict and increase fairness in layoffs.

PENETAPAN AHLI WARIS DALAM TINJAUAN YURIDIS NORMATIF

Rachmawaty, Lilik Andaryuni, Akhmad Rijali Elmi, Akhmad Haries — Fri, 07 Jun 2024 00:00:00 +0700

This study focused on disparities between decisions made by first-instance and appeal courts in handling the same case. Failure to register marriages and divorces leads to legal division of property and inheritance shares. First-instance judges prioritize legal certainty of marriage/divorce certificates and their legal implications. However, appeal courts lean towards sociological facts, disregarding the evidential value of authentic marriage certificates. Furthermore, their decisions conflict with the Marriage Registration Act, which mandates valid divorces to be confirmed by court-issued certificates. This study was normative research using case, legal, and conceptual approaches. The legal material was decision number 651/Pdt.G/2020/PA.Tgr and number 54/Pdt.G/2021/PTA.Smd, as well as legal provisions in the law of evidence. Based on these legal materials, legal analysis was conducted using deductive and inductive methods to strengthen the analysis of legal reasoning results of different judges hearing the same case. This study found that: firstly, the High Court of Religion in Samarinda's decision to disregard the divorce certificate did not uphold legal certainty, as certificates hold significant weight in inheritance cases, serving as conclusive evidence. Hence, there was ambiguity regarding the divorce status of Kasmawati binti Talle and Tajang bin Abu Bagenda in case number 54/Pdt.G/2021/PTA.Smd due to the absence of fully evidential documentation. Secondly, the legal ramifications of an unregistered divorce render it invalid and necessitate annulment, binding the wife to her former husband, a principle supported by Imam As-Syafi'i in Islamic jurisprudence, aligned with other scholarly opinions.

PENERAPAN ASAS FUNGSI SOSIAL HAK ATAS TANAH DALAM PUTUSAN NOMOR 28/G/PU/2019/PTUN.PBR

Andrea Winda Amasta, Rekky Sean Paulus — Fri, 07 Jun 2024 00:00:00 +0700

This paper will discuss the Application of Land Social Function in Law Number 2/2012 on Land Acquisition for Public Interest. To find a solution to this problem, document and literature searches are required in this research. The results show that the regulation of land acquisition norms in Article 5 of Law Number 2/2012 on Land Acquisition for Public Interest has applied the principle of social function of land, because land acquisition carried out by the government as stipulated in Article 5 is an act for the construction of public facilities that can be used by the entire community. The application of Article 5 of Law Number 2/2012 often triggers problems, especially if the land taken over for development is productive land used by the community as a source of their livelihood and will result in the loss of people's livelihoods. As a result, it is very natural that some people refuse and do not want to release their land even though they have been promised a compensation value. Therefore, more knowledge and understanding of the social function of land is needed as an effort to realise justice and welfare, especially for those who are given their land without ignoring aspects of legal certainty as a characteristic of the rule of law.

PENGUNDURAN DIRI RUSIA DARI ICC : TELAAH BERDASARKAN ASAS GOOD FAITH DALAM HUKUM PERJANJIAN INTERNASIONAL

Jogi Talar Saragih — Fri, 07 Jun 2024 00:00:00 +0700

This study aims to examine the validity of Russia's withdrawal from the International Criminal Court (ICC) in light of the principle of good faith as established in the Vienna Convention on the Law of Treaties (VCLT). The primary objectives of the research are, firstly, to elucidate the legal implications of the principle of good faith within the 1969 VCLT. Second, to apply this principle to evaluate Russia's withdrawal from the ICC in 2016. To address the legal questions raised by this research, both the statutory and conceptual approaches have been employed. The statutory approach refers to the 1969 VCLT as the source of statutory law, while the conceptual approach draws on the opinions of scholars regarding the application of the principle of good faith in international treaty law. The findings of this research indicate that Russia's withdrawal from the ICC is not legitimate, as it demonstrates Russia's intention to avoid the application of the ICC's provisions. This withdrawal constitutes an act of bad faith, as it deliberately circumvents the unfavorable provisions of the agreement that apply to Russia following its occupation of Crimean territory.

PERTANGGUNGJAWABAN PIDANA TERHADAP PELAKU PEREMPUAN YANG MELAKUKAN ABORSI DI KOTA NOPAN SETIA

Fri, 07 Jun 2024 00:00:00 +0700

The rapid and massive development of technology has had an impact on society in Indonesia, both positive and negative, one of whom was affected by the progress of this era was a woman from Nopan Setia City. Developments in society in Indonesia, especially in NopanSetia City, in this case are heavily influenced by promiscuity and a lack of awareness of the dangers of free sex, which results in unwanted pregnancies that lead to abortion. This type of research is normative juridical and is closely related to other legal sources, namely reviewing library documents from secondary data, especially research journals, dissertations and other research. That basically the problem of abortion (abortion) which is categorized as a crime or criminal act is already in the Criminal Code, but based on various factors and certain reasons, one of which is safety reasons and related to human rights issues and the protection of children who are victims of abortion, so that become extensive regulations regarding the criminal act of abortion as regulated in Law Number 36 of 2009 concerning Health. Looking at the judge's considerations in the object of this research, namely one of the women from NopanSetia City, there was an element of deliberate intent committed by Sri HanniPatimah in carrying out an abortion (abortion) by referring to Article 341 of the Criminal Code, by looking at the elements of the existing criminal act and From the existing trial facts it can be concluded that the criminal act existed and was carried out intentionally.

PERTIMBANGAN HAKIM DALAM MENJATUHKAN PUTUSAN PIDANA TERHADAP PELAKU PENCURIAN YANG MENDERITA KLEPTOMANIA

Andreas Septiadi Widagdo, Muh Haryanto — Fri, 07 Jun 2024 00:00:00 +0700

This research aims to analyze the judge's considerations regarding criminal acts of theft committed by kleptomania sufferers. This research also aims to examine the application of material criminal law by judges in handing down decisions and sentences against perpetrators of theft who suffer from kleptomania in Decision Number 32/Pid.B/2018/PN Kpg. This research uses a normative method with a statutory approach and a case approach. Primary and secondary legal materials are used as legal sources. The data collection technique was carried out by collecting data from various literature sources relevant to the research. The legal issue in this research is the existence of legal uncertainty in the application of Article 44 of the Criminal Code relating to perpetrators of criminal acts of theft who suffer from kleptomania, as in the case of Decision No32/Pid.B/2018 /PN Kpg above, it was explained that the defendant Maudy Susana Tefnai had a habit of stealing (Kleptomania), for which the defendant Maudy had to undergo criminal probation for 1 year. This is contrary to the Reason for Forgiveness, which states that whoever commits an act that cannot be accounted for because his or her intellectual powers (zijner verstandelijke vermogens) are disabled in growth or impaired due to disease, is not punished. From the trial process in this case, the responsibility of criminals suffering from kleptomania can be analyzed based on monistic and dualistic currents.

IMPLEMENTASI RESTORATIVE JUSTICE TINDAK PIDANA RINGAN SEBAGAI SOLUSI MENGURANGI OVERCROWDING LEMBAGA PEMASYARAKATAN DI JAWA TENGAH

Yoga Febriansyah, Eko Fitra Utomo, Mardian Putra Frans — Fri, 07 Jun 2024 00:00:00 +0700

This research aims to find out and analyze whether the application of restorative justice in relation to criminal acts of theft in society has been able to effectively reduce overcrowding in Central Java? The fact in correctional institutions is that there is overcrowding or it could be said that there are too many prisoners occupying one cell in a correctional institution. Problems like this can cause discomfort in correctional institutions for prisoners which can affect the mental and physical health of prisoners who live in cells that do not match capacity. which is there to be inhabited or what is known as overcrowding, then one way to reduce overcrowding is with restorative justice, namely so that minor crimes such as theft and others can be resolved amicably and not escalated in order to reduce the accumulation of prisoners which causes overcrowding in correctional institutions in the region. Central Java, By using empirical legal methodology, it is hoped that this research can find out whether the application of restorative justice in society for minor crimes can reduce overcrowding in correctional institutions in Central Java.

PENGGUNAAN TEKNIK DIVERSI DALAM PROSES PERADILAN PIDANA ANAK

Charolin Khristy Warumboy, Mardian Putra Frans — Fri, 07 Jun 2024 00:00:00 +0700

This research aims to annotate the application of diversion in Decision Number 7/Pid/ Sus.Anak/2019/PN Jap. In this decision, the child was sentenced to imprisonment for 4 (four) months, while the Public Prosecutor (JPU) as law enforcer was obliged to carry out diversion. "How diversion efforts should have been carried out but the facts of the decision did not appear." So it is necessary to carry out legal research as to why the decision did not use diversion first. The enactment of Law No. 11 of 2012 concerning the Juvenile Criminal Justice System (SPPA Law) marks a significant step towards providing special protection for children in conflict with the law. In this research, the focus lies on children in conflict with the law. The primary aim of this law is to enhance the regulation of the juvenile criminal justice system, ensuring better treatment and outcomes for children involved in legal conflicts. Legal protection for children is needed so that children receive attention from errors in the application of statutory regulations, which cause physical, mental and social harm. The aim of this research is to discover, describe (describe), and analyze the application of the diversion method in resolving criminal cases by children studying decision number 7/pid/sus.anak/2019/pn jap.

ANGKA KECELAKAAN KERJA NAIK PENINGKATAN DALAM 8 TAHUN TERAKHIR : PENGIMPLEMENTASIAN PROGRAM ZERO ACCIDENT AWARD

Agris Bagus Puta Pratama, Galang Satrio Nugroho, Mardian Putra Frans — Fri, 07 Jun 2024 00:00:00 +0700

This research discusses important aspects in achieving complete mobility in a company, with a focus on labor aspects and Occupational Health and Safety (K3). Even though the company received the "Zero Accident Award" from the Ministry of Manpower for its success in achieving zero work accidents, the increase in the number of accidents in recent years shows the lack of success of this program. This research uses a qualitative approach with normative juridical analysis to identify gaps between regulations for implementing the Zero Accident Award program and field practice. The research results show the need for continuous improvement in risk management and work accident prevention in companies.

ANALISIS KEADILAN RESTORATIF KEJAKSAAN DITINJAU DARI ASAS KEPASTIAN HUKUM

Grace Ndruru, Mardian Putra Frans — Fri, 07 Jun 2024 00:00:00 +0700

This research aims to analyze the process of peace efforts based on restorative justice in the prosecutor's office which only stops at issuing a decree to terminate the prosecution. implementation of restorative justice implemented by the prosecutor's office which has not been able to comply with the principle of legal certainty. So far, the process of seeking peace at the prosecutor's office only stops with a letter of decision to terminate the prosecution, in which the representation of the prosecutor's office as a peacemaker only targets peace between the suspect and the victim. in other words, there is no target for fulfilling the responsibilities that should be given to victims. Legal certainty is a guarantee of certainty that the law is running well without any arbitrary action, which means that rights and obligations are fulfilled. If legal certainty is achieved then each party gets the same rights. This research uses a normative juridical method with a statutory regulatory approach and a conceptual approach. The results of this research explain that case resolution based on restorative justice in the prosecutor's office between perpetrators, victims and the prosecutor's office itself has not been able to fulfill the principle of legal certainty. This is because the prosecutor's efforts and pursuit are only to achieve peace, without considering the aspects of responsibility that must be fulfilled by the parties involved and bound. In the sense that Prosecutor's Regulation Number 15 of 2020 does not fulfill the principle of legal certainty.

KEABSAHAN KONTRAK YANG MENGGUNAKAN BAHASA ASING

Michael Tunggono, Sri Harini Dwiyatmi — Sat, 08 Jun 2024 00:00:00 +0700

Making an agreement basically contains rules to regulate an agreement that is valid and can be implemented so that it is not null and void by law. Decision Number 35/PDT.G/2010/Pn.Pra is a case of an agreement that occurred in only one (1) language, namely English. In this decision the judge gave the consideration that an agreement made only in English was a valid agreement because there was an agreement that the agreement was made only in English. In this research the author discusses the judge's considerations and the validity of contracts that only use one language, namely a foreign language. The judge's considerations in this decision were wrong because they did not refer to the legal terms of an agreement and violated Article 31 of Law Number 24 of 2009 which requires agreements to be made in Indonesian.

PENEGAKAN HUKUM TERHADAP KASUS KORUPSI PT. TIMAH SEBAGAI BENTUK POTRET BURUK TATA KELOLA SEKTOR EKSTRAKTIF

Heni Marlina, Serlika Aprita — Sat, 08 Jun 2024 00:00:00 +0700

Corruption is one of the social diseases that is the same as other types of crimes such as theft. The problem is that corruption is increasing along with the progress of prosperity and technology. As happened in the case of the tin corruption crime committed by Harvey Mois, where the nominal state loss was also not small, estimated at IDR 271 trillion. This research method uses a normative legal research type, a legal research method carried out by examining library materials or secondary data. This case is suspected to have occurred in the period 2015-2020. Harvey Mois has an important role in this case, namely as an intermediary for other perpetrators. In this case, he became a representative of PT Refined Bangka Tin (RBT) in a case with PT Timah regarding illegal mining activities in the IUP Persero area. The articles charged to the suspect are Article 2 paragraph (1) and Article 3 in conjunction with Article 18 of Law of the Republic of Indonesia Number 31 of 1999 as amended and supplemented by Law Number 20 of 2001 in conjunction with Law of the Republic of Indonesia Number 31 of 1999 concerning Amendments to Law of the Republic of Indonesia Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption in conjunction with Article 55 paragraph (1) ke-1 of the Criminal Code. The 'mass' corruption case resulted in environmental losses of up to Rp 271,069,688,018,700 or Rp 271 trillion, and a total of 16 suspects have been detained by the Attorney General's Office.

RELEVANSI KEPENTINGAN ALAT-ALAT BUKTI DALAM PROSES PENYELESAIAN HUKUM PERDATA

Sat, 08 Jun 2024 00:00:00 +0700

This paper discusses the important role of evidence in the civil law evidentiary process. Evidence allows parties to prove or disprove their claims in court. In this process, evidentiary tools such as written evidence, testimonies, depositions, admissions, and oaths become a solid foundation to build a legal case and help the court make a fair decision. The concept and classification of evidence, as well as their strength and hierarchy, become important factors in determining the success of a case in court. The method used is research that belongs to the type of analytical research. In the process, we analyze the relevance of evidence in the context of the case under study. In civil law settlements, the relevance of evidence is an essential aspect. Evidence plays a crucial role in ensuring justice and legal certainty. The classification of evidence, such as primary, secondary, and physical evidence, is important in assessing its probative force. Various theories of evidence, ranging from those that are bound by law to those that give judges freedom, offer diverse approaches in assessing evidence. Although they vary, the ultimate goal is to reach a fair verdict based on the available facts. By understanding and applying the concepts, strengths, hierarchies, and theories of evidence appropriately, the civil law settlement process can be carried out effectively, ensuring that the resulting decision is fair and in accordance with applicable legal principles.

PENERAPAN HUKUM WARIS PERDATA DI INDONESIA

Aliya Sandra Dewi, Dian Fitriana, Elvira — Sun, 16 Jun 2024 00:00:00 +0700

All forms of inheritance, whether in the form of cash, land for rice fields owned by a person are called inheritance. Given to heirs openly or known to the wrong family, there is usually a will when receiving an inheritance with a message from the person giving the inheritance. Not all heirs have full rights to the inheritance, but there is a responsibility to maintain and develop the inheritance obtained according to the testator's wishes. Inheritance is a legacy of assets to heirs. There are three (3) types of application of inheritance law in Indonesia, namely Civil Inheritance Law, Islamic Inheritance Law, and Customary Inheritance Law. In this article the author focuses on the application of civil inheritance law in Indonesia. The method used is normative juridical research, namely a doctrinal method to study the application of rules or norms in positive law. With several approaches, the first is the Legislative Approach. Second, historical approach, third, comparative approach. The results of this discussion provide knowledge to the public that civil inheritance law recognizes 3 (three) principles, namely first, the individual principle (personal principle) where the heir is an individual, secondly the bilateral principle, namely that a person not only inherits from the father but also vice versa. mother, as well as brothers inheriting from their brothers and sisters, the third principle is the principle of degree, meaning that the heir whose rank is close to the heir covers the heir who is further away in rank, so to simplify the calculations, classifications are made heir.

PERTANGGUNGJAWABAN PIDANA BAGI PENGIDAP NECROPHILIA DALAM TINDAK PIDANA PEMERKOSAAN MAYAT

Vania Romasta Siahaan, Gita Rismawati, Mardian Putra Frans — Tue, 18 Jun 2024 00:00:00 +0700

This research examines necrophilia as a sexual orientation deviation that has not been regulated in the National Criminal Code. The National Criminal Code Article 271 focuses on corpses, digging up or dismantling graves, taking, moving or transporting corpses and treating corpses in an uncivilized manner while the rape of corpses is not regulated in the National Criminal Code. Thus, there is a legal vacuum. This is a new problem because the status of necrophilia is mentioned as a form of disease so how is the form of responsibility. The purpose of this study is to find out how the regulation and form of criminal liability for perpetrators who have necrophilia in the crime of corpse rape. The research method used in this writing is juridical-normative legal research, using a statutory approach in order to discuss legal issues in this research. The results of this study found that criminal liability for people with necrophilia in the crime of corpse rape is basically not clearly regulated in the new Criminal Code. From the perspective of criminal acts, it is regulated in Article 271 of Law Number 1 Year 2023 (National Criminal Code) and from the perspective of the crime of rape, it is formulated in Article 415 of the National Criminal Code. While the crime against the corpse itself is regulated in Article 415 of the National Criminal Code and Article 271 of the new Criminal Code, Article 269 of the National Criminal Code and Article 270 of the National Criminal Code.

EKSISTENSI BADAN PENYELESAIAN SENGKETA KONSUMEN SEBAGAI LEMBAGA QUASI PERADILAN

Pebri Anwar, Ari Widiarti — Fri, 28 Jun 2024 00:00:00 +0700

The existence of quasi-judicial institution as a part of judicial power. Article 24 subsection (3) of the constitution of the Republic of Indonesia 1945 and the law number 48/2009 about judicial power admitting quasi yudicial institutionshas judicial powers. The purpose of establshing BPSK is to protec consumer and producer by designing consumer protection system that contain legal certainty. The problems that the decision of BPSK has characteristic final and binding however it can be carried out to the district court and the decision cannot be executed directly or realized. For maximalize exercising of the quasi-judicial institutions are needed legal policy for supporting functional-constitusional relations between BPSK and Supreme Court as top judicial power organization.

KEPASTIAN HUKUM ATAS BUKTI ROYA YANG HILANG

Jusuf Kenny Nathanael Gella — Sat, 29 Jun 2024 00:00:00 +0700

This research aims to find out how to resolve lost evidence. Roya Mortgage itself is an administrative requirement and does not have any significant influence on the law. The formulation of the problem in this research is how to resolve the missing evidence that requires determination based on philosophical, juridical and sociological aspects? The research method used is normative legal research combined with a statutory approach and a conceptual approach. The research results show that a court decision is the only way to resolve the matter as regulated in the Mortgage Law, article 22 paragraph 5, as well as the judge's intervention in determining the application in order to obtain legal certainty.

PENGELOLAAN PARTICIPATING INTEREST WILAYAH KERJA MIGAS OLEH BADAN USAHA MILIK DAERAH

Sat, 29 Jun 2024 00:00:00 +0700

Regulation of natural resource management as a pillar of life that is rooted in the welfare and balance of society is a mandate that must be carried out in good faith and with responsibility. One form of this can be found in Regional Owned Enterprises (BUMD), which is one of the channels for managing state assets. The provisions contained in the Minister of Energy and Mineral Resources Regulation Number 37 of 2016 concerning 10% Participating Interest in Oil and Gas Working Areas allow regional governments to participate in management through delegation to BUMD or regional companies. The essence of this effort is to obtain profits that can increase regional income and the welfare of its people. This 10% Participating Interest Regulation, from the start, has succeeded in creating harmony between the rights and obligations between Cooperation Contract Contractors (KKKS) and BUMD. KKKS is responsible for offering 10% participatory interest to regions, as regulated in Minister of Energy and Mineral Resources Regulation Number 37 of 2016. If regions accept this offer through BUMD, they will obtain a maximum management right of 10% in accordance with the mandate stated in the Cooperation Contract between the Special Task Force for Upstream Oil and Gas Business Activities (SKK Migas) and KKKS. In this way, cooperation between regional governments (BUMD and KKKS) can become a firm foundation for managing natural resources in order to achieve shared prosperity.

KEBIJAKAN TERHADAP PELAKU ANAK TINDAK PIDANA PEMBUNUHAN BERENCANA

Indah Juwita, Nurunnisa — Sat, 29 Jun 2024 00:00:00 +0700

Technological advances have had a changing impact on social life, especially the use of the internet which makes everything limitless so that anyone can access things easily, including children. Several things that are on the internet are then accessed by children without parental supervision, which is one of the factors that makes a child a perpetrator of a crime. Various criminal acts are committed by children, including children as perpetrators of premeditated murder. In cases of premeditated murder committed by children, there are several provisions that differentiate those committed by adults, all of this is related to the judge's decision in the end. Law Number 23 of 2002 concerning Children becomes the legal basis in addition to the Criminal Code and Criminal Procedure Code when a child is the perpetrator of a criminal act of premeditated murder. This research focuses on discussing policies regarding the crime of children as perpetrators of premeditated murder. The research method used is normative legal research and uses a statutory approach (statue approach) and conceptual approach (conceptual approach).

TINDAK PIDANA TIDAK MENGGUNAKAN LABEL BERBAHASA INDONESIA PADA BARANG YANG DIPERDAGANGKAN DI DALAM NEGERI OLEH PELAKU USAHA

Kusyanto — Sat, 29 Jun 2024 00:00:00 +0700

Criminal acts are acts that meet the elements of guilt and against the law that have been stipulated in the law and customary norms that apply in society. The reality in community is that there are many violations of the obligation to use Indonesian language labels on goods traded domestically by business actors. The results showed violations of these provisions both in the form of food and beverages such as rice, sugar, sausages and in the form of non-food such as electronic goods, spare parts, children's toys and others, with empirical evidence in the form of permanent legal force decisions. The purpose of this study is to find the causes of violations of the obligation to use Indonesian language labels on goods traded domestically by business actors. Provisions regulating the obligation of business actors to use Indonesian labels on goods traded domestically are contained in Law Number 8 of 1999 concerning Consumer Protection and Law Number 7 of 2014 concerning Trade. The research concluded that some business actors are not aware of these obligations, do not support government programs and lack of supervision, so it is necessary to continuously socialize the law, effective and fair law enforcement and strict government supervision by involving ministries and other relevant agencies and institutions. The method used is a normative research method and the data are collected by library reseach and analized by qualitative method.

PENGGABUNGAN GUGATAN PEMBATALAN MEREK DAN GUGATAN ATAS PELANGGARAN MEREK

Elisabeth D.A.N, R. Rahaditya — Sat, 29 Jun 2024 00:00:00 +0700

Problems in registering a mark that is conceptually identical to another mark can be resolved by filing a trademark cancellation lawsuit. However, in drafting a lawsuit, the owner or its attorney must prepare the lawsuit correctly and straight to the issue. Cause lawsuits are often found whose contents are inappropriate, causing the lawsuit become vague and unclear. Thus, in the dispute between Buttonscarves and Umamascarves trademarks, the plaintiff was suing for cancellation of the trademark but asked for a stop to production, sales, and promotion of products from the trademark that were conceptually identical to its own; this claim can only be requested for a trademark infringement lawsuit. This research aims to analyze the combination of trademark cancellation lawsuits and trademark infringement lawsuits. This type of research is normative legal research accomplished with literature studies supported by primary and secondary data obtained from interviews and related legal materials. This research shows that mixing a lawsuit for trademark cancellation and a lawsuit for trademark infringement cannot be fulfilled because different parties are drawn as defendants. In a trademark cancellation lawsuit, the defendant is the registered trademark owner, whereas in a trademark infringement lawsuit, the defendant is the party who does not have the right or permission to use the trademark. Other than that, there are different demands in those lawsuits. In the trademark cancellation lawsuit, the demand is for the trademark cancellation, whereas in the trademark infringement lawsuit, the demand is for compensation or closure of activities related to the trademark.

PEMIDANAAN TERHADAP ANAK PELAKU TINDAK PIDANA PENCURIAN DENGAN PEMBERATAN DIKAITKAN DENGAN ASAS KEPENTINGAN TERBAIK BAGI ANAK

Yosephine Yulita Dosniroha, Dewi Putri Nurwidiyana — Sat, 29 Jun 2024 00:00:00 +0700

Providing insights and perspectives on the legal field, especially the trial of criminal cases involving minors in conflict with the law. The basis of normative legal research methodology, using a case-based approach to dissect legal issues in court decisions. The core of the investigation is contained in Article 70 of Law Number 11 of 2012 concerning the Juvenile Justice System, which safeguards the rights and welfare of children caught up in criminal justice. The critical analysis of how judges interpret and apply these legal provisions aims to explain the legal mechanisms for upholding the best interests of children in criminal proceedings, investigate the complex dynamics of ensuring that children in conflict with the law receive formal legal capacity, emphasise the importance of safeguarding rights and ensuring welfare during the legal process, and contribute insights that inform and enrich the discourse around the intersection between juvenile justice, criminal law, and the principle of the best interests of the child.

KAMPANYE PADA TAHAPAN PEMUNGUTAN SUARA ULANG PEMILIHAN KEPALA DAERAH DALAM PERSFEKTIF HUKUM PIDANA

Martin Leonardo Siagian, Wandi Saputra — Sat, 29 Jun 2024 00:00:00 +0700

ABSTRAK

Tahapan kampanye merupakan salah satu tahapan penyelenggaraan pemilihan kepala daerah yang cukup penting dan sangat berpengaruh terhadap elektabilitas setiap pasangan calon kepala daerah, oleh karena itu pada tahap kampanye sering terjadi pelanggaran-pelanggaran, baik yang dilakukan oleh pasangan calon secara langung ataupun melalui tim pemenangan yang dapat juga melaksanakan kampanye. Pelaksanaan kampanye yang tidak tertib mengikuti aturan pelaksanaan kampanye dapat disebut sebagai pelanggaran. Tujuan yang ingin dicapai dalam penulisan tesis untuk menganalisis untuk menganalisis mengenai kampanye pada tahapan pemungutan suara ulang apakah termasuk bagian dari hukum pidana dan untuk menganalisis mengenai kebijakan formulasi terhadap pelanggaran peserta pemilihan kepala daerah. Hasil penelitian yaitu. Pertama. Pelanggaran kampanye pada tahapan pra pemungutan suara ulang pemilihan kepala daerah bukan termasuk tindak pidana, sebab perbuatan kampanye tersebut di luar jadwal yang ditetapkan komisi pemilihan umum Provinsi dan komisi pemilihan umum Kabupaten/Kota untuk masing-masing pasangan calon. Kedua. Undang-Undang Nomor 1 Tahun 2015 menjadi dasar untuk menegakan pelanggaran yang dilakukan pada tindak pidana pemilihan kepala daerah yang menjadilan Undang-Undang tersebut sebagai pendekatan penal. Lalu pada kebijakan non penal, menggunakan upaya pencegahan atau preventif dalam menanggulangi pelanggaran tindak pidana pemilihan kepala daerah.

Kata Kunci: Kampanye, Pemungutan Suara Ulang, Pemilihan Kepala Daerah

PERTANGGUNGJAWABAN HUKUM TERHADAP ANAK SEBAGAI PELAKU TINDAK PIDANA KEKERASAN SEKSUAL

Surahman, Muhammad Viqran — Sun, 30 Jun 2024 00:00:00 +0700

The aim of this research is to determine the factors that cause children to commit criminal acts of sexual violence, as well as to find out and analyze how judges consider in handing down decisions against children as perpetrators of criminal acts of sexual violence in the case of Decision Number 1/Pid.Sus-Anak/2020 /PN Sgt. The method applied in this research is a normative legal research method. This method includes research on library materials which are studied using a statutory approach and a case approach. The legal materials used include primary, secondary and tertiary legal materials. The results of this research are the factors that cause children to commit criminal acts of sexual violence, namely: internal factors originating from within the individual, such as the child's mental, biological and moral conditions, as well as external factors originating from the environment, including socio-cultural, economic and mass media that is easily accessed by children to view adult content. Furthermore, the panel of judges in deciding case No. 1/Pid.Sus-Anak/2020/PN Sgt. It was appropriate to apply Article 76 D of Law Number 35 of 2014 concerning child protection, however the sentences handed down to perpetrators of criminal acts of sexual violence were too light. Children as perpetrators of criminal acts receive legal protection, however, sanctions for these criminal acts should not be too light considering that it is feared that they will not have a deterrent effect on the perpetrators and disrupt order and the general interests of society.

KEDUDUKAN DAN HUBUNGAN TRIUMVIRAT MENTERI SEBAGAI PELAKSANA TUGAS KEPRESIDENAN DALAM SISTEM KETATANEGARAAN DAN KEMENTERIAN NEGARA REPUBLIK INDONESIA

Imran Eka Saputra, Furqan Razak, Ali Rahman, Alqadri Nur — Sat, 29 Jun 2024 00:00:00 +0700

This research aims to examine the position of the triumvirate of ministers in the constitutional system of the Republic of Indonesia and examine the relationship between the triumvirate of ministers as executors of presidential duties in the State Ministry system of the Republic of Indonesia. The type of research used in this research is normative legal research. The research results show that the position of the triumvirate of ministers in the constitutional system of the Unitary State of the Republic of Indonesia has been regulated in the third amendment to the 1945 Constitution of the Republic of Indonesia, namely Article 8 paragraph (3) which regulates more detailed rules in the event that the President and Vice President are absent. Then the reason why the ministers of the Triumvirate carry out presidential duties is because they are considered to understand the ins and outs of government affairs. The solution offered by the author is that the President and the People's Representative Council need to make derivative regulations for the implementation of Article 8 Paragraph (3) of the 1945 Constitution of the Republic of Indonesia and a change needs to be made in Law Number 39 of 2008 concerning the Ministry of State Affairs.

PERLINDUNGAN HUKUM TERHADAP ANAK YANG KEHILANGAN ORANG TUA AKIBAT PANDEMI COVID-19

Kayus Kayowuan Lewoleba — Sun, 30 Jun 2024 00:00:00 +0700

This article discusses one of the impacts of a serious problem that has hit the world, namely the Covid-19 pandemic, the impact of which is extraordinary, hundreds of thousands of people have lost their lives as a result of this terrible pandemic. Indonesia is one of the countries that has suffered enormous losses from the loss of human life and the collapse of the Indonesian economy. Apart from the loss of human life, other sectors such as the domestic and global economy have experienced destruction due to the impact of restrictions on social activities which have brought several economic sectors to a halt. The impact of this pandemic has forced many children in various parts of the world to lose their parents, they experience suffering and sorrow because they have lost the people they took refuge in. They are forced to live a life without their loved ones, they are forced to work to survive, and live a new life with all kinds of risks that they have to face, such as the potential for vulnerability, to experience various forms of violence from people around them who don't care about them. child's condition. The loss of the main guardian, namely parents or grandparents, puts children's future at risk. Without the presence of a guardian, children will have difficulty meeting their needs for clothing, food and shelter independently. Not only that, they are also threatened with losing the opportunity to continue the education they are currently receiving. Children's mental development is disrupted because they lose someone who always gives them attention and affection. Apart from that, they will also be vulnerable to child marriage, child trafficking and other acts of violence and crime. This research is normative legal research with an analytical descriptive approach

PENGAKHIRAN PERJANJIAN SEPIHAK DALAM PERSPEKTIF HUKUM DAN HAK ASAS MANUSIA

Yanuar Fajri — Sun, 30 Jun 2024 00:00:00 +0700

Human rights are inherent in every human being to have the same rights, including unilateral termination of agreements, then human rights are disturbed and not protected. The research method uses normative juridical research, namely the doctrinal method, namely taking an inventory of positive law, discovering legal principles and doctrines, synchronizing existing laws and regulations and conducting research by examining and examining various existing literature. With a Legislative Approach, Historical Approach, Comparative Approach, and Conceptual Approach. The research results show that terminating a unilateral agreement can potentially be categorized as an unlawful act if the unilateral termination of the agreement is carried out without a valid reason, violates the principles of propriety and the law, causing harm to the other party. In addition, unilateral termination of an agreement if carried out without a valid reason violates human rights related to the right to guarantee legal certainty and human freedom without discrimination.

ANALISIS YURIDIS PEMBATALAN PERJANJIAN PERDAMAIAN (HOMOLOGASI) PERKARA PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG PADA PENGADILAN NIAGA

Syamsu Kalundas, Mahendra Putra Kurnia, M Fauzi — Sun, 30 Jun 2024 00:00:00 +0700

This research will highlight and analyze the cancellation of the peace agreement in the PKPU case based on Supreme Court (MA) Decision No. 667 K/pdt.sus-pailit/2021. This decision attracted attention because the Supreme Court canceled the Peace Agreement (Homologation) between creditors and debtors which was issued after the Creditor was declared Bankrupt, so it is necessary to deepen and analyze the application of the regulations and the judge's considerations in deciding the case, so this is an interesting matter for the writer to discuss, and An analysis of the bankruptcy entry route will be carried out based on the provisions of Chapters II and III of the Bankruptcy Law and PKPU. In this case, there are decisions that contradict one another. This type of research is normative legal research. Normative legal research is research carried out by analyzing written law from library materials or mere secondary data, better known as secondary legal materials and reference materials in the legal field or reference materials in the legal field. Research Approach. Decision in the context of the PT Hanson International Tbk case. shows the complexity between legal idealism (sollen), namely as contained in Law Number 37 of 2004 Article 228 paragraph (6) which regulates the number of extensions, namely 270 days, and the reality (sein) contained in Cassation Decision No. 667 K/pdt.sus-pailit/2021. Although "sollen" reflects the moral and social aims of the law, its relationship with "sein" becomes clear in PKPU and bankruptcy proceedings. The rejection of the peace plan raises questions regarding the relationship between legal idealism and its implementation in the field. Although the court emphasized that after a peace plan is rejected, debtors who have been declared bankrupt cannot submit a new peace plan. This research aims to determine the legal consequences and juridical reasons for canceling the peace agreement (homologation) in the Cassation Decision (Judex Jurist) which is contradictory to Law Number 37 of 2004 Article 228 paragraph (6) as well as between the ideal aspirations of the law and its implementation in difficult circumstances. developing and complex in society.

IMPLEMENTASI SYARAT MATERIIL RESTORATIF JUSTICE UNTUK PELAKU PENGULANGAN TINDAK PIDANA BERDASARKAN PUTUSAN PENGADILAN DI WILAYAH HUKUM POLRES SIAK

Fernando Manurung, Bagio Kadaryanto, Yelia Nathassa Winstar — Sun, 30 Jun 2024 00:00:00 +0700

In Article 5 letter e of the Republic of Indonesia State Police Regulation Number 8 of 2021 concerning Handling of Criminal Acts Based on Restorative Justice states that the Material Requirements as intended in Article 4 letter a, are not perpetrators of repeat criminal acts based on Court Decisions. The purpose of this research is to analyze the implementation of material restorative justice requirements for repeat criminals based on court decisions in the legal area of the Siak Police, to analyze obstacles and efforts to overcome obstacles in the implementation of material restorative justice requirements for repeat criminals based on court decisions in the legal area. Siak Police. The method used is sociological legal research. Based on the research results, it is known that the implementation of material requirements for restorative justice for perpetrators of repeat crimes based on court decisions in the jurisdiction of the Siak Police is not running optimally because especially at the Siak Police, restorative justice is not carried out repeatedly because in general the same criminal acts are given sanctions. in accordance with applicable regulations. Obstacles in implementing material restorative justice requirements for repeat criminals based on court decisions in the jurisdiction of the Siak Police are social stigma against recidivist perpetrators, lack of understanding in implementing these police regulations in the jurisdiction of the Siak Police, and law enforcers at the Siak Police show resistance to implementation. restorative justice, and taking a more repressive approach. Efforts to overcome obstacles in implementing material requirements for restorative justice for repeat offenders based on court decisions in the Siak Police jurisdiction include encouraging policies that support improving social stigma towards recidivist offenders, improving education and training, and law enforcers can strive for second Restorative Justice. Repeat offender of the same crime.

PENERAPAN DERAJAT LUKA RINGAN KORBAN KECELAKAAN LALU LINTAS DI KABUPATEN SIAK

Candra Herianto Sinaga, Ardiansah, Bagio Kadaryanto — Sun, 30 Jun 2024 00:00:00 +0700

In Law of the Republic of Indonesia Number 22 of 2009 concerning Road Traffic and Transportation, accidents are also divided into several levels/categories regulated in Article 229 of Law of the Republic of Indonesia Number 22 of 2009 concerning Road Traffic and Transportation concerning Road Traffic and Transportation, including: Minor Traffic Accidents (an accident that results in damage to vehicles and/or goods). The purpose of this research is to analyze the application of degrees of minor injuries to traffic accident victims in Siak Regency based on the Law of the Republic of Indonesia Number 22 of 2009 concerning Traffic and Road Transport regarding traffic, to analyze obstacles and efforts to overcome obstacles in the application of degrees of minor injuries to victims. Traffic Accidents in Siak Regency Based on Law of the Republic of Indonesia Number 22 of 2009 concerning Traffic and Road Transport Concerning Traffic. The method used is sociological legal research. Based on the research results, it is known that the application of degrees of minor injuries to traffic accident victims in Siak Regency based on the Law of the Republic of Indonesia Number 22 of 2009 concerning Traffic and Road Transport regarding traffic has not been implemented optimally because the application of degrees of minor injuries is only regulated in the law. Republic of Indonesia Number 22 of 2009 concerning Road Traffic and Transportation concerning Road Traffic and Transportation, while the application of degrees of minor medical injuries is not regulated in Law Number 17 of 2023 concerning Health or the New Criminal Code.

PERLINDUNGAN HUKUM TERHADAP PIHAK PEMILIK SERTIPIKAT ASLI ATAS DITERBITKANNYA SERTIPIKAT PENGGANTI SECARA MELAWAN HUKUM

Victoria Suryana, Jur. Udin Silalahi — Sun, 30 Jun 2024 00:00:00 +0700

The purpose of issuing a replacement certificate is to replace damaged land title certificates caused by accidental damage due to natural disasters or damage due to aging of the paper or tearing of the certificate due to the carelessness of the holder, which makes the certificate unusable. However, the issuance of a replacement certificate due to unlawful actions by the party claiming to be the land owner, creates a land dispute which results in losses for the original land owner. The problem in this research is how is the legal protection for the owner of the original certificate from the unlawful issuance of a replacement certificate? The results of the research show that the legal protection of the owner of the original certificate for the unlawful issuance of a replacement certificate is divided into 2 (two), namely, first, preventive legal protection through the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia Number 21 of 2020 concerning Handling and Settlement of Land Cases through amicable settlement between land rights holders and the local Land Office, so that when administrative defects are discovered, the issuance of a replacement certificate can be cancelled. The second legal protection is carried out repressively through a lawsuit to annul the decision of the Head of the Land Office to the State Administrative Court and a lawsuit for an unlawful act to the District Court.

THE POSITION AND PROTECTION OF CONCURRENT CREDITORS IN INDONESIA’S BANKRUPTCY PROCESS: A REVIEW BASED ON THE PRINCIPLE OF CREDITORIUM PARITY

M. Adnan Lira — Sun, 30 Jun 2024 00:00:00 +0700

This research aims to analyze the position and protection of concurrent creditors in Indonesia, particularly in the context of Decision Number 113/Pdt.Sus-PKPU/2019/PN.Niaga.Jkt.Pst. Using normative research methods, this study examines primary, secondary, and tertiary legal materials to address challenges faced by concurrent creditors in bankruptcy proceedings. The findings highlight the implementation issues of creditorium parity and provide recommendations for enhancing the legal framework. The research process involves inventory and identification of relevant legal materials, including primary, secondary, and tertiary sources. The stages of processing include the systematic collection and examination of these sources to analyze issues related to concurrent creditors in bankruptcy cases. Through an analysis of statutory provisions, court decisions, and practical bankruptcy procedures, this research reveals that while the principle of creditorium parity aims to ensure fair and balanced treatment among creditors, its implementation faces significant challenges. These challenges include differences in the positions of concurrent creditors, separatist creditors, and preferred creditors, as well as the complexities and bureaucratic nature of the bankruptcy process, which often hinder concurrent creditors from obtaining their rights.Court decisions, such as Decision Number 113/Pdt.Sus-PKPU/2019/PN.Niaga.Jkt.Pst., demonstrate that the position of concurrent creditors is protected under Articles 1131 and 1132 of the Civil Code. This decision confirms that concurrent creditors have equal rights in creditor meetings, based on the amount of their claims.

PENEGAKAN HUKUM TERHADAP PELAKU PENYALAHGUNAAN PENGANGKUTAN BAHAN BAKAR MINYAK BERSUBSIDI

Surya Prakasa, Sudi Fahmi, Ardiansah — Sun, 30 Jun 2024 00:00:00 +0700

In the explanation of Article 55, it is stated that abuse refers to activities aimed at gaining individual or corporate profits in a manner that harms the interests of the public and the state, such as through fuel adulteration, misallocation of subsidized fuel, and transportation and sale of subsidized fuel abroad. The purpose of this research is to analyze Law Enforcement Against Abuses in the Transportation of Subsidized Fuel Oil Offenders in Rokan Hilir based on Law Number 22 of 2001 concerning Oil and Natural Gas, and to analyze the obstacles and efforts to overcome obstacles in law enforcement against offenders in the transportation of subsidized fuel oil in Rokan Hilir based on Law Number 22 of 2001 concerning Oil and Natural Gas. The method used is socio-legal research. Based on the research results, it is found that law enforcement against offenders in the transportation of subsidized fuel oil in Rokan Hilir based on Law Number 22 of 2001 concerning Oil and Natural Gas has not been fully effective, as there are still traders who transport subsidized fuel oil by modifying vehicles or using jerry cans at every gas station in the Rokan Hilir region. Obstacles in law enforcement against offenders in the transportation of subsidized fuel oil in Rokan Hilir based on Law Number 22 of 2001 concerning Oil and Natural Gas include lack of coordination among relevant agencies, weak supervision over the misuse of subsidized fuel oil transportation, difficulty in gathering sufficient evidence, lack of public understanding regarding the misuse of subsidized fuel oil transportation in Rokan Hilir, and the need to evaluate and strengthen existing regulations. Implementing a more open reporting system and active participation in oversight programs by authorities are necessary to support more effective law enforcement.

SENGKETA ADMINISTRASI NEGARA MENILAI KRITIS PERAN OMBUDSMAN DALAM PENYELESAIANNYA

Ridha Kurniawan, Agus Irawan, Alendra, Rahman, M.S Alfarisi — Sun, 30 Jun 2024 00:00:00 +0700

Ombudsman Republik Indonesia memiliki peran strategis dalam mengawasi pelayanan publik untuk memastikan akuntabilitas dan transparansi. Salah satu fungsi pengawasan Ombudsman adalah melindungi masyarakat dari maladministrasi yang sering terjadi di berbagai layanan publik. Namun, pelaksanaan rekomendasi Ombudsman sering menghadapi tantangan, terutama terkait dengan kewenangan dan kekuatan hukum rekmendasi yang diberikan sebagai bentuk penyelesaian sengketa maladministrasi. Penelitian ini bertujuan untuk mengevaluasi peran Ombudsman dalam menangani sengketa administrasi negara serta dampak dari penyelesaian sengketa terhadap perlindungan hak-hak masyarakat di Indonesia. Penelitian ini menggunakan metode yuridis normatif dengan pendekatan konseptual dan perundang-undangan. Hasil penelitian menunjukkan bahwa Ombudsman berfungsi sebagai pelindung hak masyarakat melalui mekanisme mediasi dan konsiliasi, meskipun rekomendasinya tidak bersifat mengikat secara hukum. Meskipun rekomendasi Ombudsman tidak memiliki kekuatan hukum yang mengikat, lembaga ini masih berfungsi sebagai pelindung hak-hak masyarakat dengan memberikan solusi cepat dan efektif. Keterbatasan wewenang ini mengurangi efektivitas dalam penyelesaian sengketa. Saran untuk meningkatkan efektivitas mencakup pemberian status mengikat pada rekomendasi, peningkatan anggaran, dan sosialisasi yang lebih baik mengenai peran Ombudsman.

TANGGUNG JAWAB HUKUM PEMERINTAH TERHADAP KERUSAKAN JALAN YANG MENGAKIBATKAN KECELAKAAN

Solhani Guntur Siregar, Fahmi, Yetti — Sun, 30 Jun 2024 00:00:00 +0700

The purpose of this study is to analyze the Regulation of Government Legal Responsibility for Road Damage Resulting in Accidents Based on Law Number 22 of 2009 Concerning Traffic and Road Transportation, To analyze the Government's Legal Responsibility for Road Damage Resulting in Accidents Based on Law Number 22 of 2009 Concerning Traffic and Road Transportation. The method used is normative legal research, namely research based on applicable legal principles, in this case the research was conducted on the Government's Legal Responsibility for Road Damage Resulting in Accidents Based on Law Number 22 of 2009 Concerning Traffic and Road Transportation. Based on the results of the study, it is known that the Regulation of Government Legal Responsibility for Road Damage Resulting in Accidents Based on Law Number 22 of 2009 Concerning Traffic and Road Transportation that the Government is required to carry out road maintenance and repairs, provide warning signs during the repair process, and can be held legally accountable if proven negligent. However, the main challenge lies in the implementation in the field, where further efforts are still needed to ensure the safety and comfort of road users. Thus, it is expected that the government can be more serious in carrying out its responsibilities to reduce the risk of accidents due to road damage. Government's Legal Responsibility for Road Damage Causing Accidents Based on Law Number 22 of 2009 concerning Traffic and Road Transportation, the Government is required to carry out road maintenance and repairs, provide warning signs during the repair process, and can be held legally accountable if proven negligent. However, the main challenge is ensuring effective implementation in the field to reduce the risk of accidents due to road damage. It is expected that with the increased seriousness of the government in carrying out its responsibilities, the safety and comfort of road users can be more assured.

PENYIDIKAN TINDAKAN PIDANA PEMBUKAAN LАHАN DENGAN PERBATASAN CАRА

Septian Cahya Nugraha, Esti Royani — Sun, 30 Jun 2024 00:00:00 +0700

Berdasarkan rekapitulasi data pengelolaan lingkungan hidup di Kabupaten Kotawaringin Barat, penegakan hukum lingkungan hidup melalui hukum pidana belum menunjukkan keberhasilan. Hal ini ditandai dengan semakin sedikitnya kasus yang berhasil diselesaikan. Dari permasalahan tersebut, penelitian ini bertujuan untuk mengetahui (1) bagaimana penyidikan terhadap pembukaan lahan dengan cara dibakar dilakukan oleh Polsek Kabupaten Kotawaringin Barat, dan (2) faktor-faktor apa yang menghambat penyidikan oleh pihak Kepolisian. di Kotawaringin Barat tentang pembukaan lahan dengan cara dibakar. Penelitian ini dilakukan berdasarkan metode yuridis empiris, dimana permasalahan yang dibicarakan diselesaikan menurut peraturan yang ada sebelum permasalahan tersebut dikaitkan dengan apa yang terjadi di masyarakat. Hasil penelitian menunjukkan bahwa penyidikan pembakaran lahan untuk pembukaan lahan mengacu pada Pasal 187 dan 188 KUHP, Pasal 108 Undang-Undang Nomor 32 Tahun 2009 tentang Perlindungan dan Pengelolaan Lingkungan Hidup, serta Peraturan Daerah Nomor 5 Tahun 2003 tentang Pengendalian Kebakaran Hutan dan Lahan. Penyelidikan dilakukan polisi bersama PNS yang ditugaskan sebagai Penyidik untuk mengungkap pelakunya. Namun, masih ada beberapa kendala yang menghambat proses penyelidikan polisi.

Analisis Kriminologis terhadap Fenomena Kejahatan Begal dengan Senjata Tajam di Kota Kendari

Rahayu Kojongian, Rima Anggriyani — Sun, 30 Jun 2024 00:00:00 +0700

Motorbike thieves in Kendari City are increasingly disturbing the public, they act without knowing the time or place. The intensity is also increasing sharply. However, there have been no preventative efforts carried out by the police on a large scale to ensure that Kendari is free from the "occupation" of robbers. Almost every day, robberies occur in Kendari and its surroundings. The victims varied, from women, employees, police, TNI, civil servants to journalists. The perpetrators also became more reckless, they began to injure their victims even without putting up any resistance. The phenomenon that recently occurred was that two groups of motorbike thieves were not only looking at their victims' vehicles, but also their possessions such as gold and cash. The research method used is legal research using the juridical-empirical method. This study investigates the factors contributing to the rise of violent theft, particularly in Kendari City. Using a juridical-empirical approach, it examines the implementation of legal provisions in relation to specific instances of theft. Findings suggest that economic, educational, environmental factors, weak law enforcement, and victim negligence play a role in the prevalence of this crime. The study underscores the need for comprehensive measures addressing these factors to enhance security and well-being in Kendari.

Kontradiksi Pengaturan Penawaran Prioritas Wilayah Izin Usaha Pertambangan Khusus Terhadap Badan Usaha Milik Organisasi Kemasyarakatan Keagamaan

Sri Nurnaningsih Rachman, Melki T. Tunggati — Sun, 30 Jun 2024 00:00:00 +0700

Perubahan Peraturan Pemerintah Nomor 25 Tahun 2024 tentang Pelaksanaan Kegiatan Usaha Pertambangan Mineral dan Batubara yang berlaku saat ini, memberikan hak penawaran prioritas kepada Badan Usaha Milik Organisasi Masyarakat Keagamaan, dalam mengelola Wilayah Izin Usaha Pertambangan Khusus. Sedangkan Undang-Undang Nomor 3 Tahun 2020 tentang Pertambangan Mineral dan Batubara hanya memberikan penawaran prioritas kepada BUMN dan BUMD. Kontradiksi kedua peraturan ini membawa konsukuensi hukum yang dapat mempengaruhi jalannya aktivitas perizinan dan investasi dibidang pertambangan. Penelitian ini menggunakan jenis penelitian normatif yang berbasis pada persoalan internal dari hukum positif itu sendiri, dengan menggunakan pendekatan Undang-Undang dan konseptual. Penelitian inimenggunakan metode analisis secara preskriptif. Hasil penelitian menunjukan bahwa kontradiksi Peraturan Pemerintah Nomor 25 Tahun 2024 tentang Pelaksanaan Kegiatan Usaha Pertambangan Mineral dan Batubara dan Undang-Undang Nomor 3 Tahun 2020 tentang Pertambangan Mineral dan Batubara menimbulkan implikasi yang dapat berupa perbedaan penafsiran dalam pelaksanaan peraturan, adanya ketidakpastian hukum, kedua peraturan tersebut tidak dapat berlaku secara efektif dan efisisen serta akan menimbulkan disfungsi peraturan. Maka dari itu, penyelesaian terhadap kontradiksi norma hukum tersebut dapat dilakukan dengan merevisi atau mengubah peraturan yang dianggap bermasalah, melakukan judicial review di Mahkamah Agung, serta dapat menempuh Upaya non litigasi berdasarkan Permenkumham.