Wajah Hukum (E-Journal, Fakultas Hukum Universitas Batanghari)
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Pertanggungjawaban Pidana Atas Maraknya Tindak Penipuan Vaksinasi Covid-19 Melalui SMS di Indonesia
Get PDFDevelopment of sophisticated information technology in addition to facilitating community activities, also has bad impact to human’s behaviour, one of them is using technology to commit crimes by disseminating incorrect information related to Covid-19 vaccination using mobile phones via Short Message Service. This is stated to have been experienced by many people in Indonesia, so that is why the problem must be immediately addressed legally for the security of people's personal data. This research aims to know about criminal liability for perpetrators of fraudulent Covid-19 vaccination via SMS in Indonesia and legal protection to victims of the criminal act of fraudulent Covid-19 vaccination via SMS in Indonesia. The problems in this research is examined using normative research methods that analyzed qualitatively descriptively using secondary data from primary, secondary, and tertiary legal materials. Result of this research is indicate that the legal rules regarding fraudulent acts of disseminating information through telecommunication media are applied in Indonesia, so it is necessary to update stricter legal rules for perpetrators of fraudulent acts of spreading hoax information via SMS, so victims who experienced that problem will get proper legal protection
Mencari Akar Rumput Kejahatan Begal oleh Pelaku Muda dalam Upaya Perlindungan Hukum dan Rasa Aman Masyarakat Kota Jambi
Get PDFThe begal crime has recently been very troubling for the people of Jambi City. This crime was committed by a group of motorcycle gangs against road users by seizing the victim's property, even injuring the victim's body. Even more surprising, this robbery crime was committed by young perpetrators whose average age was between 14 to 16 years. This is an interesting social phenomenon to examine the most basic factors that cause these young perpetrators to commit robbery crimes and at the same time find the most appropriate solution to anticipate it. This research was funded by Batanghari University in an effort to serve the community
Sanksi Pidana Undang-Undang Nomor 35 Tahun 2014 terhadap Tindak Pidana Anak
Get PDFThe death penalty only applies to ordinary crimes, while the death penalty is not imposed for the crime of killing people (in this case children). Judging from the behavior of the perpetrator, the perpetrator must be sentenced to death in accordance with the act of taking the life of a child. The research method used in this study is normative juridical so that it only examines the contents of Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection which is descriptive and sources are primary, secondary and tertiary data sources. In this study, using a statutory approach and data collection techniques, namely document studies and data analysis, namely qualitative analysis. The results of this study explain that the regulation of criminal sanctions in Law Number 35 of 2014 against child crimes has been regulated in Article 80 paragraph (3) of Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Protection Children and in the future the criminal sanctions of Law Number 35 of 2014 against child crimes are that the death penalty must be applied to perpetrators of crimes who have eliminated/died the child as a victim
Peranan Badan Permusyawaratan Desa Telago
Get PDFThe village government is an inseparable part in the administration of the Republic of Indonesia. The Village Government as the spearhead in the village government system will come into contact and deal directly with the community. The Village Consultative Body functions to accommodate and channel the aspirations of the community. The Village Consultative Body and the Village Government together make a draft village regulation which will be stipulated as a Village Regulation. The filling of the Village Consultative Body members can be processed through direct elections and or through representative deliberation. Based on observations and information obtained by the Telago Village Consultative Body, it has not been going well. This can be seen from the supervisory task of the Village Consultative Body in Telago Village, which seems to be only a formality, because there are complaints about village government administration such as village activities, socialization and lack of communication between communities that are not going well. This paper aims to analyze the role of the Village Consultative Body in the Implementation of Village Government in Telago Village, Keliling Danau District, Kerinci Regency. The type of research used is a sociological juridical research type and uses a socio-legal research approach. Then the sample is determined by purposive sampling, and the data is analyzed qualitatively
Kedudukan Ombudsman Dan Kepatuhan Penyelenggara Negara Dalam Melaksanakan Rekomendasi Ombudsman (Study OMBUDSMAN Perwakilan Maluku Utara)
Get PDFThe Ombudsman is one of the state agencies authorized to oversee public services in Indonesia based on the provisions of law number 37 of 2008. Therefore, this study aims to examine the position of the Ombudsman in the perspective of Constitutional Law as an external government supervisory agency and to determine the compliance of state administrators in carry out the recommendations of the Ombudsman Representative of North Maluku Province. To obtain accurate research results, a good and correct flow and method is needed, so this research was carried out using a normative empirical research type which was analyzed in a juridical perspective based on statutory provisions and observed directly in the field in order to determine the existence and existence of the Ombudsman as an institution. External Supervisors as well as the effectiveness of the implementation of the law and the compliance of the State Organizers on the Recommendations issued by the North Maluku Ombudsman. After conducting the study and analysis results, it was found that the existence of the Ombudsman is very necessary to avoid and prevent the Corrupt Behavior of state administrators and in order to maintain the constitutional rights of citizens to get good and excellent service, it's just that there needs to be an expansion of authority by forwarding the findings to the public. repressive law enforcement agencies. Another thing is the low propriety of state officials against the recommendations of the Ombudsman due to the absence of strict sanctions. On the other hand, the authority of the Central Ombudsman does not apply mutandically in regions that can only issue suggestions and opinions that differ from the Central Ombudsman who is authorized to issue recommendations.
Implementasi Fungsi Controlling DPD RI terhadap Pemekaran (Studi Pemekaran Kabupaten Musi Rawas Utara)
Get PDFIn the current era of regional autonomy, the word regional expansion has become a familiar word to us. We often hear that word in our daily life, regional expansion is part of decentralization and regional autonomy. Regional expansion is a process of dividing an area into more than one region, with the aim of improving services and accelerating development. Regional expansion is also expected to create regional independence as one of the keys to the success of regional autonomy. The approach in this study is a qualitative research approach (Qualitative Research). This research will be conducted at the Secretariat of the DPD RI Representative of South Sumatra and the Government of North Musirawas Regency which is the object and main focus of researchers in seeing and knowing the concept of the controlling function. To make suggestions regarding the potential for regional expansion, the DPD RI should propose the Maqasid Sharia Theory, so that the expanded regions actually benefit the community
Kebijakan Nonpenal Oleh Kepolisian Resor Batanghari terhadap Tindak Pidana Kekerasan dalam Rumah Tangga di Kabupaten Batanghari
Get PDFIn the case of criminal acts of domestic violence in Batanghari Regency, the Batanghari Resort Police has resolved cases of criminal acts of domestic violence using non-penal channels. However, the obstacle that occurs is that there is no understanding from the people of Batangahri Regency regarding non-penal settlements and the Batanghari Resort Police also does not have a special place for non-penal settlement of cases of domestic violence. The research method used is empirical law so that the research is descriptive, the data sources are primary and secondary sources, the research approach is a case approach, the data collection method is a documentary study and the data analysis in this study is qualitative. The results of the study indicate that the non-penal policy by the Batanghari Police for domestic violence in Batanghari Regency is that non-penal applications have been carried out against perpetrators and newspapers of domestic violence by means of mediation which is directly carried out by the Head of the Women and Children Service Unit as a mediator and obstacle. The obstacle faced by the non-penal policy by the Batanghari Resort Police against domestic violence crimes in Batanghari Regency is the minimum number of personnel in the Women and Children Service Unit and there is no special place for non-penal settlement at the Batanghari Resort Police
Alternatif Penyelesaian Sengketa Lelang Lebak, Lebung dan Sungai di Kabupaten Ogan Ilir
Get PDFFor a long time, people in several sub-districts of Ogan Ilir Regency who live on the banks of the river have used flooded areas or puddles of water around the river due to river overflow to become one of the sources of PAD in the field of fisheries. Utilization is carried out by conducting auctions in lebak, lebung and rivers which are regulated in the Regent's Regulation on the management of fishery resources. In addition to being the legal basis, this regional regulation also aims to protect the environment in the Lebak, Lebung and river areas from damage caused by fishing by the Manager (the winner of the auction). Managers who do not carry out the management of lebak, lebung and rivers according to the rules may be subject to criminal sanctions or fines. This study aims to find out how the dispute resolution of the lebak lebung auction between the parties in practice is carried out. The problem in this study is how the forms of dispute resolution in the Lebak Lebung auction are carried out by the parties in practice. This type of research is normative legal research using a statutory approach. From the results of the study, it can be concluded that the settlement of disputes between the management committee and the management of lebak lebung and rivers is in practice mostly resolved by deliberation mediated by the village head or local village head, but if no agreement is found then the settlement is through the courts
Sanksi Pidana Kerja Sosial terhadap Pengguna Knalpot Racing Sepeda Motor
Get PDFThe existence of exhaust racing is currently very troubling to the community so that sanctions are needed in accordance with the actions committed by the violator. The type of research used in this research is normative juridical so that this research is more descriptive in nature, the data sources are primary, secondary and tertiary sources, then the research approach this is a statutory approach, the data collection technique in this research is a document study and the data analysis in this research is carried out qualitatively. The results show that the regulation of criminal sanctions against motorcycle racing exhaust users in Law Number 22 of 2009 concerning Road Traffic and Transportation is regulated in Article 285 paragraph (1) of Law Number 22 of 2009 concerning Road Traffic and Transportation. Then the impact of motorcycle racing exhaust users is that it can pollute the air and cause noise pollution. For perpetrators of violations of motorcycle racing exhaust users, the sanctions imposed include bringing the racing exhaust closer to the ears of the motorcycle racing exhaust user, doing push-ups and the like which can be categorized as sports and sweeping on the roadside, assisting the environmental cleaning service to clean the city and others
Politik Hukum Kekuasaan Kehakiman di Indonesia
Get PDFJudicial power is a branch of power in every country, whether in a democratic state, a state towards a democracy, or an undemocratic state. This happened on the influence of the doctrine of separation of powers which wanted the branches of power to be divided over the legislature, executive, and judiciary. Judicial power in Indonesia at the beginning of independence was intended as a separate branch of power from political institutions, the power of an independent judiciary must still be upheld both as a principle in the state based on law and to allow judicial power to ensure that government is not carried out arbitrarily. The development of judicial power is inseparable from the legal politics of judicial power itself. Because legal politics is subtantively about the friction between politics and law, to examine legal politics is to discuss policies related to the state system. The purpose of the writing is to find out and analyze the political dynamics of judicial power in Indonesia. This type of writing is normative juridical, meaning that this article focuses on the study of the implementation of all positive legal norms and rules. In this research, the approach is conceptual, legal and historical approach