Wajah Hukum (E-Journal, Fakultas Hukum Universitas Batanghari)
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Urgensi Adanya Aturan Khusus Terkait Hukum Transportasi Online Pada PT. Gojek
Get PDFIndonesia is home to 300 million people and has one of the most densely populated cities in the world. Unfortunately, Indonesia is still listed as a developing country. Responding to the absence of a quality public transport system, the private and informal sector for transportation has developed a solution. They fill the gaps in Indonesia's inadequate transportation system by providing effective means of transportation for people amidst an economic downturn. This research is normative juridical research. The purpose of this study is to find out the juridical rules governing PT. GOJEK as a legal entity and the legal urgency of online transportation for PT. GOJEK to have its own rules. The government should be able to immediately issue special rules for PT. GOJEK in the interest of the State, PT GOJEK, Drivers and Drivers
Penerapan Kitab Undang Hukum Pidana Dan Kitab Undang Hukum Acara Pidana Dalam Penyelesaian Perkara Pidana Pemilu
Get PDFSimultaneous general elections held by the State of Indonesia to elect the President, Vice President, Members of Parliament, Governor and Regent caused various kinds of problems, one of which was in the form of criminal cases, which subsequently led to polemics in related agencies in terms of determining the forms and placing the articles of election criminal cases and their resolution, Therefore, this study attempts to examine the problem of normative research methods by the method of document overview on the application of the Wetboek Van Strafrecht in the specific provisions of the laws on electoral crimes in electoral laws and regulations and on the resolution of electoral criminal cases that refer to Wetboek Van Strafrecht unless the electoral law provides otherwise, that the application of the provisions on electoral criminal cases and their resolution requires a detailed understanding of the parties involved in the electoral process. Therefore, there is a need for training and guidance for stakeholders namely Gakkumdu, in relation to the Electoral Crimes Ordinance and its resolution procedures; To avoid causing disputes within competent authorities in determining the difference between electoral offenses and common offense
Upaya Pemerintah Indonesia dalam Menangani Kejahatan Narkotika Sebagai Kejahatan Transnasional
Get PDFDrug trafficking is growing rapidly and becoming more sophisticated. It has been organized as a transnational crime which is a form of crime across countries. The drug business has transcended cultural and social boundaries and has become a business that knows no boundaries. This has become a serious problem for every country. This is because this case has caused health problems and crime. Indonesia has become a destination country for drug trafficking. The development of this business has also grown once in the country of Indonesia. Indonesia's vast territory and lack of supervision in border areas make it easy to smuggle these illegal goods. That way, the illicit business can continue. Drug abuse can harm people who use it even to the people around them. Therefore, Indonesia has made efforts in dealing with this transnational drug crime. Therefore, the purpose of this journal is to find out the efforts of the government in Indonesia in dealing with this transnational crime
Kewenangan Jaksa dalam Melakukan Perampasan Aset Terdakwa Korupsi
Get PDFResearch on the authority of prosecutors in confiscating assets of corruption defendants, because returning state assets to Corruption Eradication is difficult. In fact, corruption causes a lot of losses to the country. Even though criminal procedures have been made to save state assets, but it hasn't worked yet. Therefore, returning the assets of Corruption perpetrators can save state assets. The authority of the Prosecutor's Office plays a very important role in this effort. Research problems regarding the authority of prosecutors in confiscating assets of corruption defendants, the authority of the Prosecutor's Office to address the issue of returning state assets. Legal research method with a statutory approach. The result is that after the Corruption Eradication results there is a return of state assets, namely, there is a court decision. The legal basis for return is stated in Article 18 UU.31/1999 jo UU. 20/2001 Corruption Crimes, by summoning the convict, family and legal advisors by the Prosecutor regarding the stages, implementation of the return
Dampak Penggunaan Peradilan Formal Dalam Penyelesaian Tindak Pidana Ringan Dan Alternatif Penyelesaiannya
Get PDFCriminal policies carried out through formal justice have given rise to various criticisms in society, especially towards minor crimes (TIPIRING), because the use of formal criminal justice in TIPIRING has an impact, both on relations between parties, on society and on state expenditure. Taking into account that formal judicial power is in the hands of the state and in social reality there is a resolution of minor crimes carried out by the community based on local wisdom and international developments that require the use of restorative justice in resolving crimes, the idea of a reintegrative resolution for minor crimes was raised. This reintegrative model is a rational effort to resolve minor crimes by utilizing local wisdom together with the structure of the criminal justice system and is based on the principles of restorative justice. The concept promoted by the reintegrative model is to repair damaged relationships as a result of criminal acts. The work pattern does not use criminal justice (non-penal), but rather brings together the parties involved in minor crimes, and the resolution uses mediators or facilitators. Through a normative type of research with a concept and principle approach, it is hoped that concrete understanding results can be obtained that this issue is interesting to discuss.
Analisis Normatif Penegakan Hukum Tindak Pidana Pencurian
Get PDFThe most essential legal basis in Indonesia is Pancasila and the 1945 constitution, in addition to other legal products. Basically there are many things that can be the cause of crime, especially from the point of view of the conditions or circumstances of society, for example poverty or economic downturn is the cause of a lot of theft, lots of juvenile delinquency, rampant corruption that causes tendencies to rebel or reluctance of people to obey the rules, regulations in force, the absence of legal certainty that can grow the seeds of hatred, especially between the weak against the strong. Likewise, the legal awareness of the general public or the local community in many ways can be seen as a symptom of a crime or crime. Theft that occurs at this time can be caused by the difficulty of finding work, due to the number of people who do not match employment opportunities, many people who drop out of school, because a school graduation certificate is a formal requirement in finding a job. Therefore, people use shortcuts, namely working a little and can make a lot of money, even by committing the crime of theft that violates the law. Punishments or crimes that can ensnare those who are proven to have committed the crime of theft, namely imprisonment for a maximum of 5 (five) years for ordinary theft or imprisonment for a maximum of 9 (nine) years, if the theft was preceded, accompanied or followed by violence and even the death penalty or imprisonment for life if the crime of theft is committed by two or more persons which results in serious injury or death of a person. The crime of theft is regulated in Chapter XXII Book II of the Criminal Code (KUHP), there are 5 articles that regulate the crime of theft consisting of Articles 362, 363, 364, 365 and 367.
Kebijakan Hukum Pidana terhadap Kejahatan Narkotika Studi Kasus Putusan Pengadilan Negeri Jambi Nomor: 228/PID.SUS/2022/PN.JMB
Get PDFLaw No. 35 of 2009 on Narcotics is a substantive criminal policy, which is accompanied by various other legal rules in the process of prosecuting the perpetrators of narcotic crimes in the form of the High Court Edaran Letter No. 04 of 2010 on the placement of abuse, abuse victims and drug addicts in medical rehabilitation institutions and social rehabilitation. The SEMA was distributed by the Supreme Court of the Court of Justice in the criminal justice system so it is expected to be a judge in deciding on the crime of Narcotics. Narcotic crime is the biggest crime that exists in Indonesia so it is necessary to enforce the criminal law wisely and wisely. From the data obtained from the Sub Section of Registration of the Institute of Marketing Class IIA Jambi, the current number of inhabitants is 1.316 People. A total of 757 people were civilians with drug cases and 254 of them were residues of drug cases
Kajian Kriminologis Ekploitasi Kemisikan dalam Pengemisan di Media Sosial
Get PDFTechnological developments in society as a real impact on life cannot be denied anymore. Apart from being able to bring good benefits or impacts, the phenomenon of this technological development can create various things that have never existed before. Especially when associated with earning income on social media as existing technological developments. The phenomenon that has emerged recently is the phenomenon of online begging in social media which is rife. This phenomenon makes some content creators tempted to earn money in a much easier way by relying on the compassion of their audience. In this paper, we will examine the reasons behind this action and what efforts can be made to overcome this. The method used is a normative juridical method which will examine the criminological factors behind this begging phenomenon on social media. It will also examine the various efforts made to overcome it. From this paper it is found that the poverty factor is the main driving factor. Besides that, the popularity factor in a short time and low awareness and legal compliance in the community are driving forces for this to happen. Efforts are made by instilling morals in society, legal counseling and the use of criminal law strictly
Prinsip Kesamaan Hak Dalam Penguasaan Dan Pemanfaatan Hak Atas Tanah (Studi Kasus Penguasaan Hak Atas Tanah Perkebunan Di Propinsi Jambi)
Get PDFThe principles of equality of control rights and utilization of land rights, to become plantations which are a source of prosperity for all Indonesian people. to obtain a right to land which gives a mandate to the state to maintain a balance with the authority given to the state in the administration, regulation, management and supervision for the purpose of maximizing the prosperity of the people, thereby ensuring the certainty of fair business opportunities for large business actors, medium and small as well as community use of land for plantations by preventing monopolistic practices.This research has a normative legal nature in the form of written positive legal provisions that are applied to legal events in concreto in society, so that in the research there is always a combination of two stages of study. The first stage, the normative approach (library research) is an approach carried out based on primary legal materials or using secondary data including principles, rules, norms and legal rules contained in laws and other regulations. The second stage is the application of in concreto events in order to achieve the predetermined goals. Obtaining data through secondary data in the form of legal and primary materials through interview techniques is carried out directly by conducting structured in-depth interviews
Sanksi Bagi Warga Binaan Melarikan Diri Di Lapas Kelas IIa Jambi
Get PDFThe purpose of this research is to find out the criminal sanctions for fugitive convicts in Class IIA Jambi Correctional Institutions (Lapas), starting from the factors that cause escaped convicts, the sanctions applied to escaped convicts to efforts to prevent inmates from escaping. An empirical juridical approach is applied in this research, the method used is through data collection by means of observation, structured and unstructured interviews and documentation. In drawing conclusions, a qualitative approach is used, data analysis is used to draw conclusions from the answers to the research objectives. The conclusion of this study is that disciplinary enforcement of convicts who run away during their sentence period is carried out in various ways according to the level of the offense. The most serious violations were placed in solitary confinement for 2 (two) to 6 (six) days, loss of remission rights, family visits, parole and assimilation leave until leave before pure release in the form of parole. Efforts to prevent convicts from escaping from the Jambi Class IIA prison have been carried out but have been constrained by the overcapacity of the inmates, the unequal ratio of personnel and weapons from the guards and the physical condition of the prison building which is no longer feasible due to its age and is prone to flooding. To overcome this, the Lapas itself has made various prevention efforts including in the form of a social approach in the form of mental coaching, sanctions if it has happened to escaped convicts and also to Correctional employees with physical and mental coaching as well as disciplinary coaching.