The Juris

PENERAPAN PASAL MENGUNTUNGKAN TERPIDANA

Aldi Yosep Marpaung, Muh Haryanto — Sat, 07 Dec 2024 17:36:44 +0700

This article discusses the benefits for convicts in the context of changes to statutory regulations which state that the convict’s actions are no longer a criminal. As stated in Article 3 paragraph (4) of the new Criminal Code. So, how can the material law like Article 3 paragraph (4) of the new Criminal Code be implemented? Based on normative research through qualitative methods and normative juridical approaches, the author will answer this question through several considerations of mechanisms as an effort taken by convicts through judicial review, cassation for legal purposes, clemency, and amnesty. Judicial review, cassation for legal purposes, and clemency will be considered as petition efforts from convicts regarding the implementation of Article 3 paragraph (4) of the new Criminal Code. Meanwhile, amnesty will be considered as an effort from the community or the government's intention in implementing Article 3 paragraph (4) of the new Penal Code.

PENANGANAN TINDAK PIDANA PENCABULAN DI INDONESIA KAITANNYA DENGAN CYBER

H. M. Yusuf DM, Rahmat Tul Qodri, Ridwan Rizki, Kurniawan Nduru — Sat, 07 Dec 2024 17:38:33 +0700

Basically, the regulation of sanctions for child molestation has been widely found in the Law and Government Regulations, this can be seen in the Criminal Code (KUHP). In reality, the implementation of these regulations can still be said to be ineffective. This can be seen from the increasing number of child molestation crimes that have occurred in Indonesia. The research that will be conducted by the author is normative, namely research based on applicable legal principles. The results of the research in this study are the handling of child molestation crimes in Indonesia in relation to cyber is a form of implementation itself, meaning that all forms of laws and regulations governing child protection used in law enforcement itself are a form of implementation. In general, child molestation laws can be seen in several stages, namely the Investigation and Investigation Process, the Child Examination Process, and the Trial Process.

DAMPAK PUTUSAN MAHKAMAH AGUNG DAN MAHKAMAH KONSTITUSI MENGENAI OPEN LEGAL POLICY DI TINJAU DARI HUKUM ADMINISTRASI NEGARA

Sat, 07 Dec 2024 00:00:00 +0700

In the context of administrative law, the decisions of the Supreme Court (MA) and the Constitutional Court (MK) play a crucial role in shaping open legal policies in Indonesia. Open legal policy refers to policies that provide flexibility for the legislative body to regulate legal content that is not explicitly addressed by the Constitution. This study aims to analyze the impact of the decisions made by the MA and MK on open legal policies from the perspective of administrative law. The method used is a normative legal approach, focusing on the analysis of literature and secondary data. The identification of issues includes the background of the MA and MK decisions regarding open legal policies, the challenges faced by judicial institutions related to these policies, and the efforts of these institutions to make decisions in accordance with their absolute competencies. The findings indicate that the decisions of the MA and MK are essential to ensuring that public policies adhere to the principles of good administrative law, such as legal certainty, transparency, and accountability. These decisions provide boundaries and guidance for policymakers to maintain a balance between legislative freedom and applicable legal principles. This research also highlights the implications of significant rulings, such as the annulment of norms deemed unconstitutional and the affirmation of minimum age limits in regional head elections, offering insights for the development of the administrative law system in Indonesia.

MENGUATKAN IKATAN: MEMAHAMI HUBUNGAN SUAMI ISTERI DALAM KELUARGA

Putri Amalia Putri, Lilik Andaryuni — Sat, 07 Dec 2024 20:14:41 +0700

This research aims to explore the dynamics of husband-wife relationships within Islamic family structures, focusing on both sociological and psychological perspectives. Utilizing a literature review methodology, a total of 17 scholarly articles published between 2004 and 2023 were analyzed to understand the factors influencing family relationships. The analysis techniques involved systematic selection, evaluation, and synthesis of relevant literature. The findings reveal that a harmonious husband-wife relationship is crucial for overall family well-being, highlighting the impact of emotional bonds and communication patterns. A harmonious relationship between husband and wife is identified as the key to the overall well-being of the family. Good interactions and healthy communication patterns enhance the quality of the relationship. Research has found that factors such as social pressure, individual differences, and changing times can affect the quality of the husband-wife relationship. From a sociological perspective, the husband-wife relationship is seen as part of a larger social structure. Additionally, the study provides recommendations for enhancing relationship quality in Islamic family contexts.

PENEGAKAN HUKUM TERHADAP PENADAHAN BARANG HASIL CURIAN DI POLRES ROKAN HILIR BERDASARKAN KITAB UNDANG-UNDANG HUKUM PIDANA

Anta Arief Siregar, Bagio Kadaryanto, Irawan Harahap — Sat, 07 Dec 2024 00:00:00 +0700

Items such as electronics, motor vehicles, and other valuable goods are sold quickly, making stolen goods difficult to trace. This criminal network complicates law enforcement efforts. Law enforcement against theft and fencing must be carried out firmly to maintain order and a sense of security in society. Perpetrators of theft and fencing can both be subjected to criminal sanctions in accordance with the provisions of the Indonesian Penal Code (KUHP). The purpose of this study is to analyze law enforcement against fencing stolen goods in Rokan Hilir Police jurisdiction based on the Penal Code. The method used is sociological legal research. The results of the study reveal that law enforcement against fencing stolen goods in the Rokan Hilir Police jurisdiction, based on the Penal Code, has not been effectively implemented. This is evidenced by the increasing prevalence of fencing stolen goods, as referred to in Article 480 of the Penal Code. This article regulates the criminal act of fencing, where a person can be punished if they are proven to have knowingly received, purchased, or stored goods resulting from a criminal act such as theft. The obstacles in law enforcement against fencing stolen goods in the Rokan Hilir Police jurisdiction, based on the Penal Code, include the difficulty of proving the element of intent on the part of the fencing perpetrators, the low public awareness of reporting fencing activities or involvement in the trade of stolen goods, challenges in identifying fencing perpetrators, and limited resources and technology for tracking stolen goods transactions, which further hinder the law enforcement process. Efforts to overcome these obstacles include improving coordination among law enforcement agencies, strengthening the capacity of investigative personnel in understanding and applying the articles governing the crime of fencing, and adopting a more inclusive approach with the community.

STRATEGI PERLINDUNGAN ANAK DAN PEREMPUAN DI PAPUA SELATAN: ANALISIS TANTANGAN DAN SOLUSI

Sukirman Sukirman, Mulyadi Alrianto Tajuddin, Nurul Widhanita Y Badilla — Tue, 10 Dec 2024 20:38:47 +0700

This study aims to analyze protection strategies for children and women in South Papua using a qualitative approach through literature studies and in-depth interviews. Where the South Papua region, especially in Merauke Regency, faces significant challenges related to gender-based violence, limited access to education, and economic inequality. In the context of a strong patriarchal culture, women and children are often victims of domestic violence and underage marriage triggered by poverty, lack of education, and limited legal awareness. The results of this study found that the solutions that need to be implemented include strengthening special protection regulations, economic empowerment for women through entrepreneurship and community education campaigns to foster awareness of women's and children's rights. In addition, support and collaboration between the government, non-governmental organizations, and local communities are needed to overcome these challenges. The community approach is an important step in ensuring sustainable protection and creating a deep attitude towards gender-based violence and injustice faced by women and children in South Papua. This research is expected to contribute to providing policy recommendations that focus on empowerment, education and community-based approaches so as to improve the protection and quality of life of women and children in the South Papua region, especially in Merauke Regency.

SINERGI POLISI DAN MASYARAKAT DALAM MEMBANGUN KETAHANAN REMAJA TERHADAP NARKOBA DAN JUDI ONLINE

Andik Purnomo Sigit, Aryan Torrido — Tue, 10 Dec 2024 00:00:00 +0700

This study aims to examine the importance of synergy between the police and the community in preventing drug abuse and online gambling in Indonesia. Drug abuse and online gambling are serious threats to public security and health, especially among adolescents. This study uses a qualitative approach with a normative juridical method, where data is collected through literature studies that include books, journals, and reports related to the prevention of drug abuse and online gambling. This research emphasizes the importance of collaboration between law enforcement and the community as both preventive and repressive efforts in addressing these issues. The results of the study show that the synergy between the police and the community can enhance the effectiveness of preventing and tackling drug abuse and online gambling. The police play a role in providing socialization, counseling, and taking firm actions against legal violations, while the community acts as the frontline in early detection and reporting of cases. Collaborative programs such as anti-drug campaigns, community forums, and reporting apps contribute significantly to reducing the rates of drug abuse and online gambling. This study also suggests that to improve the success of prevention and intervention efforts, there is a need for policies that strengthen cooperation between the police, community organizations, and the government, as well as the development of more inclusive rehabilitation systems. The implementation of this synergy is expected to create a safer environment free from the threats of drug abuse and online gambling, especially for the younger generation in Indonesia.

ANALISIS EMPIRIS TATA KELOLA FASILITAS PERBATASAN BERBASIS CONNECTIVITY AND COMMON PROSPERITY GUNA MENCEGAH PERILAKU KORUPSI

Yogi Pratama, Muhammad Rafi Darajati — Wed, 11 Dec 2024 10:53:17 +0700

This research aims to analyze the governance of border facilities at Entikong Border Post to prevent corrupt practices, particularly in the management of low-cost apartments. A qualitative case study approach was employed to investigate the operational frameworks and decision-making processes. Data was collected through interviews, document analysis, and observation. The findings reveal that transparent and collaborative governance practices can significantly reduce corruption risks. This research underscores the importance of connectivity-driven governance strategies to promote sustainable development and common prosperity in border regions.

KEDUDUKAN HUKUM SURAT TELEGRAM KABARESKRIM KEPOLISIAN REPUBLIK INDONESIA TENTANG PENGEMBALIAN KERUGIAN KEUANGAN NEGARA MENGENYAMPINGKAN TINDAK PIDANA KORUPSI

Subiarto Aprido Tampubolon, Irawan Harahap, Bagio Kadaryanto — Wed, 11 Dec 2024 10:53:57 +0700

The policy of returning state losses to drop criminal proceedings that have the potential to weaken law enforcement, damage legal certainty, create moral hazard, and be unfair to the wider community. Returning state losses is important, but the criminal law process against perpetrators of corruption must continue to maintain the principle of justice, ensure a deterrent effect, and maintain the integrity of law in Indonesia. The method used is normative legal research. Based on the results of the study, it is known that the legal position of the telegram from the Head of the Criminal Investigation Unit of the Republic of Indonesia Police regarding the return of state financial losses ignoring criminal acts of corruption in the perspective of legal certainty is that the return of state financial losses that ignore criminal acts of corruption should be reviewed so as not to conflict with the principle of legal certainty. Efforts to return state losses are indeed important, but they must not eliminate criminal sanctions against perpetrators of corruption. Enforcement of corruption law must be carried out firmly to provide a deterrent effect and ensure the achievement of the expected justice in the legal system. Legal certainty is an important key in maintaining the integrity of law enforcement, especially in corruption cases that harm the public interest. The legal consequences of the telegram from the Head of the Criminal Investigation Unit of the Republic of Indonesia Police regarding the return of state financial losses by ignoring corruption in the perspective of legal certainty are the legal consequences of the Telegram Letter from the Head of the Criminal Investigation Unit which regulates the return of state losses by ignoring corruption in the perspective of legal certainty, creating several serious impacts on the legal system in Indonesia. This policy weakens the principle of legal certainty, reduces the deterrent effect, and damages the integrity of the function of criminal law in the context of corruption. In order to maintain public trust and ensure substantive justice, it is important for this policy to be reviewed so that it remains in line with the basic principles of law enforcement, especially in eradicating corruption that is detrimental to the state and society.

IMPLEMENTASI PENYEDIAAN RUANGAN KHUSUS TERHADAP ANAK DI POLRESTA PEKANBARU

Marito Siregar, Bagio Kadaryanto, Irawan Harahap — Wed, 11 Dec 2024 10:54:33 +0700

In general, children in adult prisons are at risk of experiencing trauma and other psychological problems because the prison environment is not in accordance with their developmental needs. Children placed in adult prisons can experience great mental and emotional stress. The method used is sociological legal research. Based on the results of the study, it is known that the implementation of the provision of special rooms for children at the Pekanbaru Police based on Law Number 11 of 2012 concerning the juvenile criminal justice system has not been running well, because there are still child perpetrators who are combined in adult rooms. The provision of this special room aims to ensure that children in conflict with the law receive treatment in accordance with their rights as children. This special room is designed to separate children from adult prisoners, in order to avoid negative influences that can damage the child's psychological development. Obstacles in the implementation of the provision of special rooms for children at the Pekanbaru Police based on Law Number 11 of 2012 concerning the juvenile criminal justice system are the limited facilities and infrastructure that are in accordance with the needs of children, such as separate rooms from adult detention rooms, lack of budget and facilities to build special rooms for children, and human resources related to the lack of training for officers responsible for handling children in conflict with the law. Efforts to overcome obstacles in the implementation of the provision of special rooms for children at the Pekanbaru Police based on Law Number 11 of 2012 concerning the juvenile criminal justice system are to provide a budget and allocation of resources to build facilities and infrastructure that are in the provisions of laws and regulations, more intensive coordination with related agencies, such as social institutions and local governments, to provide special rooms in accordance with legal provisions, and include improving psychological and rehabilitation facilities, so that children are not only placed in separate rooms, but also receive treatment that supports social recovery and reintegration.

PENINGKATAN SUMBER DAYA MANUSIA POLRI SEBAGAI KUNCI KEBERHASILAN RESTORATIVE JUSTICE

Deni Ardiansyah, Marzuki Noor — Wed, 11 Dec 2024 10:55:11 +0700

This study examines the application of the concept of restorative justice in the Indonesian criminal justice system, particularly in the context of the Draft Criminal Code (RUU KUHP). The purpose of this research is to analyze the challenges and potential of implementing the principles of restorative justice in the criminal law process in Indonesia, as well as to provide recommendations for its application. The method used is a descriptive qualitative approach combined with normative legal analysis, involving the analysis of legal documents and empirical data collection through interviews and documentation studies. The findings of the study indicate that although this concept holds great potential for creating more humane justice, its implementation is still hindered by public perception, lack of competency among law enforcement officers, and regulatory ambiguity. This study recommends enhancing the mediation competencies of law enforcement officers, as well as the need for clearer regulations regarding the application of restorative justice. Furthermore, public awareness and support are crucial for the successful implementation of this approach in resolving criminal cases.

POLRI SEBAGAI GARDA TERDEPAN DALAM PENEGAKAN HUKUM KORUPSI DIGITAL DI ERA TRANSFORMASI TEKNOLOGI

Donal Afriansyah, Aryan Torrido — Wed, 11 Dec 2024 10:55:53 +0700

Law continues to develop along with advances in information technology, influencing communication patterns and various aspects of people's lives. Although technology offers many solutions, it also presents challenges, especially in eradicating corruption, which increasingly involves digital data. Cyber security is very important in protecting data, especially those related to corruption crimes. In the digital era, corruption crimes are increasingly difficult to detect and uncover because perpetrators often use technology to evade law enforcement. Therefore, an effective approach is needed to ensure that perpetrators are arrested and prosecuted in accordance with applicable law. This research aims to analyze human resource management in the police environment as a strategy to overcome these challenges by improving human resource performance through a qualitative approach, where this type of research emphasizes processes and meanings that are not tested or measured precisely. This research uses a method where the materials studied in normative legal research are library materials or secondary data. Library materials consist of primary sources and secondary sources. Primary sources include: literature books, research reports, magazines, theses, dissertations, and patents. Meanwhile, secondary sources include: abstracts, indexes, bibliographies, government publications and other reference materials. with data in the form of descriptive data. To mitigate the negative impacts of digital technology, adequate awareness and understanding of the wise and safe use of technology is very important. Education and increasing awareness regarding the risks of digital technology is very important, both for individuals and society as a whole. The National Police of the Republic of Indonesia (Polri) has a major responsibility in enforcing the law against technology-related crimes, such as cybercrime, online fraud, dissemination of illegal content, and copyright violations. By strengthening existing regulations and increasing the capacity of the National Police in investigating and taking action Digital crime is expected to reduce corruption cases that utilize information and communication technology. Digital corruption is a big challenge in this digital era, which requires continuous efforts to deal with it.

OPTIMALISASI PENINGKATAN SUMBER DAYA MANUSIA PENEGAK HUKUM DALAM IMPLEMENTASI TILANG ELEKTRONIK

Edi Setiawan, Tontowi Jauhari — Wed, 11 Dec 2024 10:56:15 +0700

The use of motorized vehicles in daily life can have a negative impact, namely traffic jams and accidents originating from traffic violations, thus requiring law enforcement efforts. This research aims to find out, analyze and criticize law enforcement regarding traffic violations. This research aims to explore the importance of improving human resources (HR) of the Indonesian National Police (Polri) in implementing electronic traffic fines as an effort to enforce the law against traffic violations. Traffic violations are a common problem in big cities, often caused by the increasing number of motorized vehicles. Electronic fine enforcement, or Electronic Traffic Law Enforcement (ETLE), utilizes technology such as CCTV cameras to detect violations and increase the transparency and efficiency of the legal process. This research uses an empirical juridical type, namely an approach that aims to examine the extent to which law is implemented and functions in society. which in this research is research that uses literature, which involves collecting data through book review literature, journals and official documents. The data collected aims to analyze the relevance of law enforcement theory and practice in the context of electronic fines. The research results show that electronic fines support more modern and efficient law enforcement while helping to improve road safety and order. However, the success of implementing ETLE is very dependent on the competence of Polri's human resources. Therefore, improving the quality and capacity of Polri's human resources is very important to ensure the sustainability of digital transformation in traffic law enforcement.

BEBAN PEMBUKTIAN PASAL 12 B UNDANG-UNDANG NOMOR 20 TAHUN 2001 TENTANG PERUBAHAN ATAS UNDANG-UNDANG NOMOR 31 TAHUN 1999 TENTANG PEMBERANTASAN TINDAK PIDANA KORUPSI

Angeline Theresia Aurelius, Bagas Febri Wijayanto, Muh Haryanto — Thu, 12 Dec 2024 20:17:35 +0700

This study aims to analyze the reverse burden of proof system applied in Decision No. 34/Pid.Sus-TPK/2022/PN Amb. The research method employs a normative juridical approach, which involves examining case studies related to applicable laws and regulations. The legal materials utilized in this normative legal research include primary and secondary legal sources. The findings reveal that the burden of proof applied in Decision No. 34/Pid.Sus-TPK/2022/PN Amb, concerning the crime of gratification committed by the defendant, former Mayor of Ambon Richard Louhenapessy, is a limited or balanced reverse burden of proof. This system is implemented by both parties, namely the Public Prosecutor and the Defendant. The process begins with the Public Prosecutor establishing the allegations regarding the criminal act of gratification committed by the Defendant. Subsequently, the Defendant, together with their Legal Advisor, demonstrates that the funds received did not originate from the proceeds of the criminal act of gratification. In practice, this limited or balanced reverse burden of proof aligns with the proof process stipulated in the Criminal Procedure Code (KUHAP).

PERTIMBANGAN HUKUM HAKIM DALAM PUTUSAN PERKARA DALAM KEBAKARAN HUTAN DAN LAHAN

Hanipah, Bagio Kadaryanto, Irawan Harahap — Thu, 12 Dec 2024 20:20:09 +0700

The judge decided on Article 99 in a case and chose to rule based on Article 99 paragraph (1), indicating that the judge assessed the environmental violation as being caused by negligence rather than intent. Therefore, the punishment imposed is lighter compared to the sanctions under Article 98 paragraph (1), although still severe, considering the environmental impact caused. The purpose of this study is to analyze the legal considerations of judges in their decisions on forest and land fire cases and to examine the legal provisions concerning the criminal act of forest and land burning in Indonesia. The method used is normative legal research. Based on the research findings, it was revealed that the legal considerations of judges in decisions on forest and land fire cases involve assessing various legal aspects and evidence presented during the trial. The judges evaluate whether the defendant's actions fulfill the elements of a criminal act as stipulated in the relevant laws. Proof of intent, negligence, and the impact of the fire are crucial aspects. The verdict is also influenced by the extent of environmental damage, the impact on public health, and the economic losses incurred. Additionally, the judge considers the defendant's active role or negligence in preventing the fire. In some rulings, as in the above case, although the defendant burned the land on orders from another party, malicious intent or intent was not found. Regarding the legal provisions for forest and land burning in Indonesia, Law Number 32 of 2009 strictly prohibits such acts. Article 69 paragraph (1) letter h prohibits land clearing by burning, while Article 108 stipulates criminal sanctions for offenders with imprisonment ranging from 3 to 10 years and fines varying from IDR 3 billion to IDR 10 billion. Harsher penalties are imposed if the act causes environmental pollution or endangers human health, as regulated in Articles 98 and 99. In cases where burning causes serious injury or death, the punishment can reach 15 years in prison and fines of up to IDR 15 billion. Additionally, business entities found guilty of this crime may face additional sanctions such as license revocation.

KEPASTIAN HUKUM TERHADAP GUGATAN WANPRESTASI DALAM PERJANJIAN LISAN

Priscilia, Martika Dini Syaputri — Thu, 19 Dec 2024 00:00:00 +0700

An oral agreement is an employment relationship that exists without an employment contract. In social life, verbal agreements are often made. However, in social life, verbal agreements are often made without the person realizing it and have shortcomings when presentes as evidence in court. The purpose of this writing is to determine the legal certainty of oral agreements and how to resolve claims for breach of contract in oral agreements. The research method used is normative legal research. The types of data used are secondary data and primary data which are based on literature, books and various legal regulations and previous research. All data was analyzed using qualitative analysis. The results of this research show that verbal agreements are valid for everyone based on clause 1338 of the Civil Code which explains that all agreements made legally are considered valid by the person who makes them. However, to prove this, witnesses or confessions from the parties involved are needed, then this dispute can be resolved by undergoing a mediation process based on the agreement of the parties and the advantage of this mediation is that the parties do not need to defend the facts and evidence that are in front of them.

PEMASANGAN ALAT PERAGA KAMPANYE TANPA SEIZIN PEMILIK TEMPAT

Thu, 19 Dec 2024 00:00:00 +0700

The Campaigns as a part of the stages of elections, are regulated by KPU Regulation Number 23 of 2018 concerning General Election Campaigns. However, the implementation of the campaign carried out by the campaign participants, was not in line with the provisions of campaigns, one of which was the installation of campaign props without the permission of the owner of the place. Campaign props that are part of the election should also be supervised by the KPU. If the installation of campaign props does not follow the provisions and then no action is taken by the KPU to issue a decision, then for this act of silence, the KPU is deemed to have issued a decision that is the same as a written State Administrative Decree containing a rejection which is referred to as a negative or fictitious negative decision. These violations can be resolved through Bawaslu as an institution that is given authority by-laws, one of which is to receive, examine, review, and decide on administrative election violations. Apart from that, when the process in Bawaslu still did not result solution, the process can be resolved by the PTUN.

IMPLEMENTASI UPAYA HUKUM DALAM PENCEGAHAN KEKERASAN SEKSUAL PADA ANAK

Thu, 19 Dec 2024 00:00:00 +0700

The purpose of this research is to find out what efforts are being made by the government to prevent sexual violence against children, understand the existence of legal protection and know what roles can be played by parents and the environment. This study uses normative legal research methods using legal, conceptual and analytical approaches. Documentary research techniques are used in legal material collection techniques, while qualitative analysis methods are used in research analysis methods. The results of this study indicate that the government's role in preventing sexual violence against children is by imposing strict sanctions and giving appropriate punishments, creating a fan base, conducting cyber patrols and combating pornographic content in cyberspace. Regarding the existence of legal protection carried out by the government, namely in law no. 23 In 2002, regarding child protection, the government took steps to implement the TPKS Law and Law no. 39/1999 on human rights. Sex education can be carried out in the role of parents and the environment, while other efforts are made by the Indonesian government, namely the Indonesian government in collaboration with the Ending Child Sexual Exploitation (ECPAT) program in decision-making and solving cases of commercial sexual exploitation of children (ESKA).

KAJIAN HUKUM TERHADAP PELAKU TINDAK PIDANA NARKOTIKA DARI ASPEK KRIMINOLOGI

Tue, 31 Dec 2024 11:09:45 +0700

Criminal law regulates patterns of human behavior and/or legal entities, in this case in the writing, namely the legal study of perpetrators of narcotics crimes from a criminological aspect. In this study, the author applies a research method that tends to be normative juridical, which is seen not only from the regulatory aspect but also from the study of decisions. Thus, it can provide benefits to the relationship between perpetrators of narcotics crimes and criminology. That in this case the author explains what causes perpetrators to commit narcotics crimes from a criminological aspect (study of decision 1248/pid.sus/2023/PN/Mdn), the author also explains how the role of law enforcement against perpetrators of narcotics crimes from a criminological aspect of the Decision study: 1248/pid.sus/2023/PN/Mdn. Thus, it can be concluded that the causes of perpetrators of narcotics crimes when viewed from a criminological perspective, the cause of the occurrence is mostly due to environmental or community factors, family, personality, and even economic factors. And if seen from the role of law enforcement against perpetrators of narcotics crimes from the criminology aspect, it has actually been running well, but in this case, optimal cooperation is needed in order to reduce narcotics crimes. So that it is not only the role of law enforcement but also all levels of elements, both society, to eradicate narcotics.

DAMPAK ADVISORY OPINION INTERNATIONAL COURT OF JUSTICE TERHADAP DINAMIKA KONFLIK BERSENJATA ISRAEL DAN PALESTINA

Vitriyah Arafah Surachman, Rahtami Susanti — Tue, 31 Dec 2024 00:00:00 +0700

The reaserch aims to analyze the legal considerations and the impact of advisory opinions issued by the International Court of Justice (ICJ) on the dynamics of the armed conflict between Israel and Palestine. The background of the conflict stems from the history of illegal occupation and human rights violations by Israel against Palestine which attracted international attention. This research uses a normative legal approach with historical and case methods to examine the implementation of international law related to the research. The research specification uses descriptive analytical with data collection techniques used, namely the literature study method. The results of the analysis show that the ICJ Advisory opinion is normatively non-binding, but has a significant impact in three main aspects. The political aspect, strengthening the Palestinian position in international forums and increasing political pressure from countries to Israel. The moral aspect, strengthening international support for Palestine to encourage a two-state solution. The legal aspect, emphasizing Israel's violations of international law, including the right to self-determination and urging an immediate end to the occupation and illegal practices. The implementation of the Advisory opinion ICJ has major challenges, mainly due to Israeli resistance and the lack of effective enforcement mechanisms. The study underscores the importance of the ICJ's role in implementing a more effective rule of international law and the strategic steps needed to realize a two-state solution.

PERAN DAN IMPLIKASI KAPSEL DALAM PENEGAKAN HUKUM PIDANA

Tue, 31 Dec 2024 17:49:57 +0700

This paper discusses the role and implications of implementing the capsule concept in criminal law enforcement in Indonesia. Capsule is a legal approach that provides flexibility in the application of criminal sanctions, with the aim of accommodating the principle of substantive justice by considering the specific conditions of each case that occurs. This approach provides an opportunity for law enforcement officers to consider mitigating factors, such as age, psychological condition, socio-economic background, and the motivation of the perpetrator, to ensure that the punishment imposed not only fulfills the retributive aspect but also reflects rehabilitative and preventive values. In its implementation, capsules contribute to reducing the density of correctional institutions, increasing the effectiveness of perpetrator rehabilitation, and strengthening public trust in the existing criminal law system. This approach also supports legal reform that is more adaptive and responsive to ongoing social dynamics. However, its implementation faces challenges, especially in terms of regulations that are still not specific and resistance from some people who still view severe punishment as the main form of justice. Thus, capsules play an important role in creating a balance between law enforcement and human rights protection, as well as encouraging a more humane renewal of the justice system.

ANALISIS YURIDIS GUGATAN ANAK TERHADAP ORANG TUA

Titin Puji Rahayu, Astika Nurul Hidayah — Tue, 31 Dec 2024 18:08:56 +0700

The cases filed by children against their parents in court reflect the mismatch between social practices and the applicable legal norms, especially in the context of Law No. 1/1974 regarding Marriage. In Islamic law, children have an absolute obligation to respect and be dedicated to their parents, as regulated in QS Al-Isra verses 23-24. However, in practice, lack of communication and changing social values often create conflicts between children and parents. This research uses normative legal method with statute approach and case approach to analyze legal protection for parents and the effectiveness of the mediation method in cases of children’s lawsuits against parents in court. The research specification uses descriptive analysis. The data collection method in this research uses the library research method. The results of the analysis show that in Indonesia there was no specific regulation that would protect parents, especially in legal cases where parents are sue by their children. This shows that there is a gap in the legal system that protects the position of parents when they are harmed by a lawsuit filed by a child. Therefore, clear regulations are needed to protect the rights of parents and ensure fairness and balance in these situations.

LOVE SCAMMING DALAM JERAT HUKUM PIDANA

Sultan, Aji Titin Roswitha Nursanthy, Eli Tri Kursiswanti — Tue, 31 Dec 2024 00:00:00 +0700

Love scamming adalah pelaku penipuan yang menggunakan identitas palsu untuk mencari cinta dan mendapatkan uang dari korbannya. Penipuan ini dilakukan secara daring dan merupakan salah satu modus cybercrime. Modus operandi love scammer adalah: Menggunakan media sosial untuk mempelajari calon korban, Berpura-pura mencari pasangan, Meminta nomor handphone korban untuk berkomunikasi percintaan, Mengirim foto-foto seksi untuk meyakinkan korban, Membujuk korban untuk berbisnis. Penelitian ini adalah penelitian kepustakaan yang bersifat studi literature. Penelitian ini mengangkat permasalahan pidana Love Scamming. Dalam tulisan ini penulis menggunakan pendekatan yuridis normatif, karena pendekatannya maka penelitian hukum model ini disebut dengan penelitian hukum normative. Ketentuan-ketentuan hukum merupakan bahan hukum primer meliputi Kitab Undang-Undang Hukum Pidana (KUHP) . Undang-Undang Nomor 11 Tahun 2008 tentang Informasi dan Transaksi Elektronik (UU ITE). Undang-Undang Nomor 1 Tahun 2023 tentang Kitab Undang-Undang Hukum Pidana. Pasal 378 KUHP mengatur penipuan dengan menggunakan nama palsu atau tipu muslihat untuk mendapatkan keuntungan secara melawan hukum. Sementara itu, Pasal 28 ayat (1) UU ITE mengatur penipuan yang terjadi dalam ranah digital. Namun, penerapan kedua undang-undang ini pada kasus love scam seringkali menimbulkan konflik norma. Untuk memastikan kejelasan dan efektivitas dalam menangani kasus love scam, diperlukan harmonisasi antara KUHP dan UU ITE.

ANALISIS PERBUATAN YANG DAPAT DIKENAKAN SINGER MENURUT HUKUM ADAT KALIMANTAN TENGAH DALAM PERSPEKTIF HUKUM PERDATA

Yoke Shintia Putri, Joni, Tasrifinoor — Tue, 31 Dec 2024 00:00:00 +0700

The customary law still in effect in Central Kalimantan, particularly among the Dayak Ngaju tribe, serves as a means of social control and governance. This study employs normative legal research methods and qualitative research types with a statutory approach. In Dayak Ngaju customary law, "Singer" refers to a sanction in the form of a fine. Established in 1984 during the great Tumbang Anoi meeting, the Singer was intended to put an end to hostile traditions between Dayak sub-tribes, such as headhunting and slavery. The fine acts as a form of atonement to avoid divine retribution and the wrath of nature's guardians. The primary objective of Singer is to deter individuals, making them aware of their wrongdoing and preventing recurrence. Offenses subject to customary sanctions include environmental destruction, violations of social norms, criminal acts, infringements on customary rights, and disobedience to customary law. Customary fines may consist of goods, animals, or money, often accompanied by rituals to restore communal balance. For legal certainty, the regulation of the execution of Dayak customary court decisions should be codified into clear written law, specifying the authorities responsible for enforcement and penalties for those who fail to pay the Singer.

TINJAUAN HUKUM TERHADAP PELAKSANAAN ARISAN ONLINE MENURUT HUKUM PERDATA DI INDONESIA

Sri Wulandari, Hartono, Zulkifli — Tue, 31 Dec 2024 00:00:00 +0700

Online social gathring is a social gathering activity carried out online or via social media, carried out by several parties using the money transfer method, usually online arisan is carried out using a descending system which is often used on the Instagram platform. The focus of this research is on the analysis of responsibilities and forms of legal protection in online social gatherings. The research used is normative with research methods using a statutory approach and a case approach. The results of this research is:According to law, responsibility is a consequence of the consequences of a person's freedom regarding his actions which are related to ethics or morals in carrying out an action. In online social gatherings, the chairman and members of the social gathering each have responsibilities that must be obeyed and carried out in order to maintain the smoothness and continuity of the online social gathering. It is important before joining an online social gathering, make sure you clearly understand the applicable rules or regulations, be disciplined in paying or handing over money for the social gathering. Legal settlement is a conflict or dispute resolution process that involves the application of legal rules to achieve justice. In the legal context, legal settlement can be carried out through various methods such as mediation, arbitration, litigation and negotiation. Before joining an online social gathering, it would be good to understand what the rules are in online social gathering, such as making a written agreement, dispute resolution mechanisms.

MEDIASI DALAM SENGKETA KETENAGAKERJAAN: STUDI KASUS PT. FREEPORT INDONESIA

Reny Okprianti, Nur Husni Emilson, Oktariani Purwasi, Nabila Okta Widiyanti — Tue, 31 Dec 2024 00:00:00 +0700

Labor disputes at PT Freeport Indonesia have become a major problem for industrial relations in the mining sector, especially those related to termination of employment and demands for workers' rights. This study investigates how effective mediation is as an alternative dispute resolution (ALSR) at PT Freeport, Indonesia. According to Article 1 number 10 and Article 6 of Law Number 2 of 2004 concerning the Settlement of Industrial Relations Disputes, mediation is considered a fast and effective method of dispute resolution. This study uses a qualitative methodology, using case studies and data from trusted legal journals and official reports, and finds that mediation at PT Freeport has succeeded in protecting workers' rights while avoiding litigation processes that can worsen employment relations. This study supports mediation as an effective and fair way to resolve labor disputes in the mining sector.

TERDAFTAR SEBAGAI PENDUDUK DAN BERTEMPAT TINGGAL BAGI CALON KEPALA DESA

Tedy Setiadi, Rusdianto, Rorry Pramudya, Hartono, M. Budhi Setiawan — Tue, 31 Dec 2024 00:00:00 +0700

The Constitutional Court, in Decision No. 65/PUU-XXI/2023, has regulated the conduct of campaigns in educational institutions. This research aims to analyze the Ratio Decidendi of the Constitutional Court Decision No. 65/PUU-XXI/2023. The research method used is normative research with a qualitative approach, utilizing legislative and case approaches. In its decision, the Constitutional Court deemed that the absolute prohibition of educational institutions as campaign venues contradicts Article 28E paragraph (3) of the 1945 Undang-Undang Dasar of the Republic of Indonesia concerning the freedom of association, assembly, and expression of opinion. The analysis results indicate that this decision represents a significant breakthrough in upholding the constitutional rights of citizens to express opinions publicly. However, the absence of more detailed and operational norms in this Constitutional Court decision may lead to various interpretations and different understandings among the public, as the decision does not provide clear boundaries and criteria on the forms of campaign activities allowed or prohibited in educational environments. To effectively implement this decision, it is hoped that the General Elections Commission (KPU) and the Election Supervisory Body (Bawaslu) will formulate strong oversight and law enforcement mechanisms, as well as swift corrective actions for violations to ensure fair and orderly campaign practices.

ANALISIS PERBUATAN MELAWAN HUKUM KOMISI PEMILIHAN UMUM

Tue, 31 Dec 2024 00:00:00 +0700

This research is legal research with an analytical study of the Unlawful Acts of the General Election Commission (Onrechtmatige Overheisdaad) in Court Decision Number 757/Pdt.G/2022/Pn Jkt.Pst. The purpose of this study is to determine the absolute competence of the District Court to try the unlawful acts of the General Election Commission and to analyze the basis for the judge's considerations in granting the Prima party's lawsuit. The method used in this study is normative legal research. This study found that the absolute competence of the Court to try the Unlawful Acts committed by the KPU should be the domain of the State Administrative Court, not the State Court, so that in the context of the KPU vs. Prima Party case there was an error in applying the law. In the considerations of the Central Jakarta District Court Judge who Granted the Application for the Prima Party's Unlawful Acts Lawsuit carried out by the General Election Commission of the Republic of Indonesia in the District Court Decision Number: 757/Pdt.G/2022/Pn. Jkt Pst the panel of judges did not clearly explain what and how the considerations of the decision stating that the District Court has the authority to try the lawsuit filed by the PRIMA Party in issuing an interim decision.

PERLINDUNGAN TERHADAP DATA PRIBADI DALAM BERSELANCAR DI DUNIA MAYA

Johan Wijaya, Aji Titin Roswitha Nursanthy, Muhammad Arganata Thamrin — Tue, 31 Dec 2024 00:00:00 +0700

Cyberspace is an electronic medium connected through a computer network, used for online communication. Cyberspace is an integration of various communication technology tools and computer networks that connect communication devices across the globe. Cyberspace has transformed the way people live, work, and interact with one another. Examples of cyberspace include online gaming platforms and social networks. This research addresses the issue of protecting personal data while navigating cyberspace. It is a library research study based on a literature review. In this paper, the author employs a normative juridical approach. Due to its methodology, this type of legal research is referred to as normative legal research. Legal provisions serve as the primary legal materials, particularly Law Number 27 of 2022 on Personal Data Protection (PDP Law). The PDP Law aims to guarantee citizens' rights to personal protection and to raise public awareness of the importance of personal data protection. This study also refers to the Electronic Information and Transactions Law (ITE Law) and its amendments. Article 26, paragraph (1) of Law Number 19/2016 stipulates that the use of personal information through electronic media must be carried out with the consent of the concerned individual. Additionally, the 1945 Constitution of the Republic of Indonesia (UUD NRI 1945) is referenced. Article 28G, paragraph (1) of the 1945 UUD NRI states that everyone has the right to the protection of themselves, their family, their honor, their dignity, and their property.

WANPRESTASI TERHADAP PELAKSANAAN PEMBAYARAN KLAIM DALAM PERJANJIAN ASURANSI PENDIDIKAN

Sri Amanda Dewi, Susilo Wardani — Tue, 31 Dec 2024 00:00:00 +0700

This study aims to determine and analyze the implementation of the agreement between the insured in the Education insurance at PT. AJB Bumiputera Purwokerto and to determine and analyze the legal efforts to resolve the default on the payment of education insurance claims made by PT. AJB Bumiputera 1912 Purwokerto. The data analysis method in this study adopts the normative legal method descriptively to describe the current state of the subject or object of research based on the observed facts. The results of the first study showed that the implementation of the insurance agreement gave rise to rights and obligations agreed upon between the insured and the insurer, namely PT. AJB Bumiputera 1912 Purwokerto. These rights and obligations include the fulfillment of payment of education insurance claims in accordance with the provisions stated in the policy. After the agreement was implemented, the policy payment to the insured at the policy maturity date did not receive payment so that the insurer had committed a default in the form of delays in payment of education insurance claims for PT. AJB Bumiputera 1912 Purwokerto. The results of the second study were efforts to resolve disputes over defaults due to late payment of claims by PT. AJB Bumiputera 1912 Purwokerto the insured demands compensation through mediation, lawsuit, and arbitration.

PERLINDUNGAN HUKUM TERHADAP PEKERJA ATAS KESELAMATAN DAN KESEHATAN KERJA

Allan Ardi Riyayan, Susilo Wardani — Tue, 31 Dec 2024 00:00:00 +0700

The purpose of this study is regarding the implementation of legal protection and efforts to prevent work accidents. The research method used is empirical using a factual approach. The data collection method uses the interview method and literature study. The data analysis method used is qualitative. The results of the study show legal protection for workers for K3 at PT. Geo Dipa Energi Wonosobo, namely (1). economic form of protection. (2). Social protection or occupational health and. (3). Technical protection or work safety. Accident prevention efforts at PT. Geo Dipa Energi Wonosobo, namely by implementing Job Safety Analysis (JSA) by identifying hazards and their control at each stage of work, namely by implementing Job Safety Analysis. The implementation of Job Safety Analysis (JSA) at PT. Geo Dipa Energi Wonosobo can help make it easier for workers to take safe work steps and can avoid various existing hazards.

PENEGAKAN HUKUM TINDAK PIDANA PERJUDIAN TEBAK ANGKA DI WILAYAH HUKUM POLRES INDRAGIRI HULU BERDASARKAN KITAB UNDANG-UNDANG HUKUM PIDANA

Awet Lestari Nainggolan, Irawan Harahap, Bagio Kadaryanto — Tue, 31 Dec 2024 00:00:00 +0700

Number guessing gambling in the jurisdiction of the Indragiri Hulu Police is a serious threat to public security and order. The social and economic impacts resulting from this gambling are disturbing the community and damaging family life. Reports from families and the community are important elements in taking action against gambling. The method used is sociological legal research. Based on the results of the study, it is known that law enforcement of the crime of number guessing gambling in the jurisdiction of the Indragiri Hulu Police based on the criminal code has not been running optimally, because there are still cases of number guessing gambling every year in the Indragiri Hulu Police. The police conducted raids and collected evidence supporting the crime of number guessing gambling. Obstacles in law enforcement of the crime of number guessing gambling in the jurisdiction of the Indragiri Hulu Police based on the criminal code are the lack of sufficient evidence due to the high level of confidentiality, limited resources available, and minimal reports from the public, because the public is often reluctant to report number guessing gambling for certain reasons, such as fear of revenge from the perpetrators or because they themselves are involved in the practice. Efforts to overcome obstacles in enforcing the criminal law on number guessing gambling in the jurisdiction of the Indragiri Hulu Police based on the criminal code are the use of more sophisticated technology and surveillance systems, the need to increase the capacity of law enforcement officers in terms of investigation and use of technology, law enforcement against perpetrators of number guessing gambling is carried out firmly and consistently without discrimination, and strengthening intelligence networks and closed investigations.