Wajah Hukum (E-Journal, Fakultas Hukum Universitas Batanghari)
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Perlindungan Data Pribadi Mengenai Kebocoran Data Dalam Lingkup Cyber Crime Sebagai Kejahatan Transnasional
Get PDFIn this era of globalization, internet technology is growing rapidly from time to time. The right to privacy data is part of the privacy rights inherent in every individual. Until now the internet can be used as a new tool to commit a crime, especially cyber crime. The network is broad and can break through the barriers of national borders, enabling the occurrence of a cyber crime that can be carried out by crossing national borders or better known as transnational crime. This cyber crime can cause great losses both material and non-material. Moreover, cyber crime that is transnational in nature makes cyber crime require special treatment to handle it. Indonesia carried out two handlings both externally and internally. Externally, Indonesia and the National Police cooperate with the Australian Federal Police. Meanwhile, internally Indonesia formed institutions such as Id-SIRTII, Trust+positive, the birth of the European Union Convention On Cybercrime Bill, Cyber Defense Competition, Development of Cyber Defense. External handling is carried out by the Indonesian government to overcome Cyber crime that is across national borders
Kebijakan Pemberian Vonis Mati Atau Pidana Mati Yang Ada di dalam Kitab Undang Undang Hukum Pidana Ditinjau Dari Formulasi Perspektif Pembaharuan Undang-Undang No 1 Tahun 2023 Tentang Kitab Undang-Undang Hukum Pidana
Get PDFCapital punishment is a compelling and expansive type of discipline, and the discussion about the upsides and downsides of the death penalty go on today. The question of whether the death penalty should be retained in the Criminal Code or abolished in the justice system is inseparable from Indonesia's reform of criminal law, particularly through the creation of the Criminal Code. Despite the fact that its nature differs from that outlined in the Criminal Code, Indonesia will continue to use the death penalty, as evidenced by the Criminal Code Bill, which contains the death penalty. The purpose of this research is to identify the current legal formulation of death penalty policies in Indonesian criminal law and to examine the desired future legal formulation of death penalty policies in Indonesia. This study utilizes a subjective technique with a legitimate and administrative methodology as well as unmistakable scientific exploration details. According to the findings of this study, the death penalty is still regulated by Indonesian law as the primary form of punishment, resulting in disagreements between pro- and anti-death penalty groups. In the new version of Indonesian criminal law, change in death penalty policy, originally a principal punishment to become an alternative punishment . In the future, the death penalty will be a tangible expression of human rights that is in line with national and international perspectives
Penyelesaian Hukum Adat Terhadap Tindak Pidana Perzinaan Dalam Keluarga Di Kota Jambi
Get PDFThis article discusses the customary law resolution of the crime of adultery within the family in Jambi City, so that the aim is to analyze the problems encountered and efforts to overcome them. The approach used refers to the Socio Legal Research approach. The results of this research show that the resolution of cases of adultery in the family in Jambi City is carried out using customary criminal law which originates from the basis of Jambi customary law, namely by expulsion from the village. fruit and bushes are as sweet as can be. Then the perpetrator apologized for his actions and signed a peace agreement (Surat setih). The problems encountered were differences of opinion between the young people and the elders of Tengganai in traditional meetings in deciding sanctions for this case, adultery cases which were resolved by criminal law. Nationally, the legal process takes a long time and is expensive, causing a lot of suffering to the perpetrators, the community does not know much about the basics of Jambi Customary Law. Efforts to overcome the problems that occur include holding a personal approach from the young people with the elders of Tengganai to continue to enforce the existing criminal law, all parties discussing that customary criminal law is more appropriate than the national criminal law, providing outreach to the community so that they know the basis of Jambi customary law. The suggestion is to ensure that adultery does not occur in the family, namely providing religious counseling so that faith is strengthened rather than lust and basic counseling on Jambi customary law so that the public knows that customary criminal law can resolve cases of family adultery quickly, at an affordable cost, thus the existence of criminal law. Customs are valid and have permanent legal force
Permasalahan Substansi Hukum Acara Perdata di Peradilan Umum dan Penyelesaiannya
Get PDFThe substance of the legislation is identified as one of the influential aspects that impact the settlement process of civil matters in the General Court. This particular legal entity encompasses both formal and material aspects of the law. Civil procedural law governs the procedural aspects of case settlement, adhering to formal legal requirements. On the other hand, material law pertains to the substantive legal principles that govern the legal relationship between the parties involved in a dispute. The current state of the Civil Code is incongruent with the prevailing sentiment of public justice, so deviating from the fundamental tenets of national law and dualism. The objective of this study is to gain knowledge and comprehension regarding the issue of legal substance as a contributing factor in the examination of civil cases within the General Court. Furthermore, the aim is to propose a resolution to address the problem of legal substance as a factor impacting the process of examining civil cases in the General Court. The present study constitutes a normative legal research. Based on the outcomes of the discourse, the ensuing deductions may be ascertained: The insufficiency of the existing regulations governing the examination of civil cases in the General Court can be attributed, in part, to the intricate nature of legal substance issues. Consequently, it is imperative to establish a comprehensive legal framework, specifically in the form of the Civil Procedure Code, rather than relying on provisions at a lower hierarchical level, such as Supreme Court Regulations and Supreme Court Circular Letters. Furthermore, in order to garner attention from governmental entities or authorized individuals, such as the House of Representatives of the Republic of Indonesia, the President, and the Supreme Court, it is imperative to seek resolution or settlement in alignment with the enactment of a civil procedure law, specifically a Civil Procedure Code, in accordance with the prescribed legislative procedures
Prinsip Kehati-Hatian Bank dalam Penyaluran Kredit Untuk Mencegah Tindak Pidana Korupsi
Get PDFEven though banking itself has the principle of prudence in every activity, this will not close the gap for corruption. The purpose of this study is to analyze the principles of bank prudence in lending to prevent criminal acts of corruption and analyze the prosecution and consideration of judges' sanctions in giving decisions on corruption in lending. In this study, there are three research approaches used, namely the statutory approach, the conceptual approach, and the case approach. Data is analyzed by identifying legal facts and eliminating irrelevant matters, collecting legal materials and non-legal materials, conducting a review of the proposed legal issues, accepting conclusions, and providing prescriptions. The results of this study indicate that the precautionary principles of banks in extending credit to prevent corruption are regulated in Article 8 of the Banking Law as amended by Law Number 10 of 1998, specifically regarding the explanation of Article 8 paragraph (1) . In terms of enforcement and considering the judge's sanctions in giving a decision on corruption in the distribution of credit, the judge at least looks at two things, namely if the defendant violates the principle of prudence and there is clear evidence that the defendant took advantage of his actions, then the defendant will be charged with an article on corruption. If the defendant violates the precautionary principle but is not proven to have actually taken personal advantage from his actions, the judge decides that the defendant has violated the Banking Law and not a criminal act of corruption
Peran Pemerintah dalam Optimalisasi Pelaksanaan Peremajaan Tanaman Kelapa Sawit
Get PDFPalm oil is one of the leading agricultural sectors which has an important role in Indonesia. In addition to being able to absorb new workers, the oil palm plantation business can also contribute to state revenues from crude palm oil (CPO) export levies, the demand for which is increasing every year. However, in recent years the level of productivity of oil palm plantations has decreased. This is due to the age of the plants that are getting older and not using superior and certified seeds at the start of planting. With this low level of productivity, it is necessary to carry out rejuvenation of oil palm plants. The target of this rejuvenation program is to be able to use both superior and certified seeds in order to increase plant productivity. This research uses normative juridical research methods, namely research conducted by researching and analyzing literature or secondary data only. The approach method is descriptive and qualitative research methods. The results showed that the government played an active role in implementing the oil palm rejuvenation program. This is evident from the many regulations made by the government or other stakeholders to support the smooth running of this program. In addition, as an effort to provide support in increasing palm oil productivity, especially in preparing funds for rejuvenation programs, the government has established the Oil Palm Plantation Fund (DPKS)
Upaya Pemerintah Kelurahan Olak Kemang Kecamatan Danau Teluk Dalam Penanggulangan Pandemi Corona Virus Diseases 19
Get PDFJambi Mayor Regulation Number 21 of 2020 concerning Guidelines for Handling Corona Virus Disease (COVID-19) in Public Areas/Business Environments and Communities in Enforcing Community Economic and Social Relaxation During the Pandemic Period, is the basis for the Olak Kemang Village Government in carrying out the handling of the COVID Pandemic -19 whose distribution reached a positive number of 35 people with the death of 1 person in the Olak Kemang Village environment. This paper aims to identify and analyze the efforts of the Olak Kemang Village Government, Danau Teluk District in dealing with the Corona Virus Diseases 19 pandemic. The type of research used is sociological juridical research, with a socio-legal research approach. Based on the research results, there are still many residents who do not comply with health protocols, so it is necessary to form a more specific team for more in-depth supervision so that the efforts made by the Olak Kemang Village Government can run well
Perkawinan Beda Agama Ditinjau Dari Aspek Yuridis Hukum Perkawinan di Indonesia
Get PDFArticle 1 paragraph (3) of the 1945 Constitution (UUD), the State of Indonesia has declared itself to be a state of law, meaning that in running life and the wheels of government everyone subject to the rules of Indonesian law is obliged to implement and obey them. The law of marriage as regulated in the law of the Republic of Indonesia Number 16 of 2019 concerning amendments to Law Number 1 of 1974 is intended to provide legal certainty in fulfilling the right to continue offspring and be free from the threat of violence and discrimination. This research was conducted to conduct a juridical analysis of marriages conducted by couples of different religions, as a contribution to the author's thoughts on the development of marriage law in Indonesia, the research method used is a normative juridical approach, namely an approach that refers to the applicable laws and regulations, to achieve the objectives of the law itself, namely justice, benefit, and legal certainty
Sistem Pengangkatan dan Hak Kewarisan Anak Angkat Menurut Adat Tionghoa di Kota Jambi
Get PDFThis research is to find out and analyze the adopted child system according to Chinese customary provisions in Jambi. The approach used is the case approach, the concrete case approach that occurs in the field and the sociological approach, namely the legal approach carried out in practice as a determinant, to test the truth of science, using the scientific method. The purpose of adoption itself is to help others. Likewise regarding the right to inherit from adopted children there is no standard provision according to custom, but adoptive parents will give the rights of adopted children according to their abilities. The Chinese traditional adoption ceremony is carried out in a pagoda, and not through other official institutions. And the appointment was very simple, witnessed by the biological family and adoptive parents of two people from the family of the adoptive parents and biological parents. and given a small amount of money on the part of the child, permanent custody of the biological parent
Lembaga Bantuan Hukum Bagi Hak Tersangka Dalam Pradilan Pidana di Indonesia
Get PDFResearch aims to analyze the norms related to legal aid in legislation by providing legal protection for suspects and to analyze the role of legal assistance in legal protection of suspects in the criminal justice system in Indonesia. The problems to be examined are regarding the formulation of norms related to legal aid in legislation and the role of legal aid institutions in providing guarantee protection for suspects in the criminal justice system in Indonesia. Research uses a normative juridical approach by collecting primary, secondary and tertiary data. Research uses a conceptual approach and data analysis techniques by interpreting, assessing and evaluating. Based on this research, it was found that in the Criminal Procedure Code there are legal aid norms, in which there are still contradictions with one another (contradiction determinists), as well as provisions governing the role of legal aid, in this case, legal aid institutions have not played a good role, so many rights of suspects who are still neglected during the examination process