Wajah Hukum (E-Journal, Fakultas Hukum Universitas Batanghari)
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Efektivitas Pemerintah dalam Mencegah Serta Mengurangi Anak Jalanan di Kota Batam
Get PDFThe purpose of this study is to determine the negative impact that occurs due to urbanization or the large number of migrants entering the city of Batam from various regions without having expertise. This will cause various social problems. The Batam city government has prepared a regional regulation for handling the poor and neglected children. By using Non Doctrinal Sociological Research Methods, which means using empirical data obtained through interviews and observations, this study aims to examine the regulation of street children, social effectiveness, and the efforts made by the Batam City government in overcoming the problems of street children. The results of the study explain that the effectiveness of local regulations is still lacking and even the Batam city government has not done anything about the substance of the problems of street children
Tugas dan Kewenangan Vts Batam dalam Pengawasan Lalu Lintas Pelayaran Di Selat Singapura
Get PDFThe government, as well as all of us as rulers, managers and users of the sea, are responsible for regulating the flow of traffic to ensure that maritime activities run smoothly and safely. This requires defining channel and crossing functions, which can be done through the use of navigational hazard labeling and updating of water level conditions. The purpose of this study is to find out how the VTS legal duties and authorities are arranged in the supervision of shipping traffic in the Singapore strait, how the VTS Batam duties and authorities are carried out, and what factors hinder the VTS legal duties and authority in supervising shipping traffic in the strait. Singapore. This study collects primary data through fieldwork using a normative and sociological research approach. To collect primary data, descriptive technique is combined with a normative approach (legal research). For marine activities, some locations must be equipped with a Vessel Traffic Information System (VTS) or Radar Beacons for security and strategic considerations. The decision will be announced by the Minister as soon as all the shipping lane requirements have been met, and will be communicated to the maritime world through the International Maritime Organization (IMO), in accordance with the convention that has adopted the standard for the use of shipping lanes. reporting system of ships at sea to operators on land traffic monitoring. This equipment has a VTIS attached to it, enabling it to detect the ship's name, position, speed and course. This data is then entered into the system and continuously monitored
Analisis Hak Korban Korban Kekerasan Seksual dalam Rancangan Undang-Undang Penghapusan Kekerasan Seksual dalam Perspektif Hukum Positif dan Hukum Islam
Get PDFThe consideration and protection of the interests of victims of sexual abuse, whether through the legal process or through specific social care facilities, must be taken into account in criminal law policies and social policies, both state power institutions and existing social institutions. Based on the goals and obligations of the state to achieve an equitable distribution of justice for the sake of everyone, the rights of sexual assault victims to be protected are a crucial part of human rights in the domain of social security. three tiers: local, regional, and global. The way that Indonesian criminal law protects sexual assault victims legally in order to stop victimization. The form of giving victims of sexual assault legal protection is general legal protection, Ini termasuk membuat restitusi dan memberikan imbalan. menawarkan konseling sebagai akibat munculnya efek psikologis yang merugikan dari kejahatan, memperoleh dukungan hukum, dan mengamankan layanan bantuan medis bagi korban yang menderita secara fisik akibat kejahatan. Salah satu bentuk dukungan bagi korban kejahatan adalah bantuan hukum. Hukum Islam mengklasifikasikan pemerkosaan sebagai perzinahan dengan paksaan (al-wath'u nil-kikrah), dan mereka yang melakukannya berisiko menghadapi hukuman berat (had). The crime of decency or adultery serves as the act's foundation
Kebijakan Non Penal Oleh Kepolisian Sektor Kota Baru terhadap Pelaku Tindak Pidana Perjudian Jenis Sabung Ayam
Get PDFGambling is a social disease that threatens real or potential social norms so that it can threaten the continuity of the social order. The purpose of this study was to determine the non-penal policy against the criminal act of cockfighting in the current and future jurisdiction of the Kota Baru Police to determine the applicable police policy to eradicate it. In this study the author uses empirical juridical research methods. The type of research in this research is empirical juridical which is carried out directly to the Kota Baru Police Office with the research specification being descriptive. Sources of data are field research and literature. This study uses a legal approach with data collection techniques using interviews and qualitative data analysis. The results of this study are that the non-penal policy by the Kota Baru Sector Police against perpetrators of criminal acts of cockfighting gambling is carried out through pre-emptive efforts, a focused effort to encourage cockfighting gamblers to raise awareness and refrain from further gambling, which may disturb the security and order of the surrounding community. Then take preventive action as the basis for eradicating gambling crimes in the jurisdiction of the Kota Baru Police. Furthermore, through repressive efforts, direct action is taken to eradicate crime, by providing measures to deter perpetrators from repeating their crime
Pengaturan Pembatasan Jumlah Pembuatan Akta Notaris dalam Perspektif Peraturan Jabatan Notaris
Get PDFThere is no regulation limiting the number of deeds made by a Notary in the perspective of the notary position regulation. What is the authority of the Central Honorary Council in imposing sanctions on a notary who issues a deed that exceeds the normal limit. This study uses a normative juridical method. The results of this study are that the making of a Notary deed is regulated in the provisions of Article 38 of the UUJN, and the provisions of making 20 (twenty) deeds per day according to the Regulation of the Honorary Council of the Indonesian Notary Association Number 1 of 2017 in ensuring the certainty of the date and time determined by the provisions The Law on Notary Positions is in compliance. If the notary violates this DKP regulation No. 1 of 2017 concerning the reasonable limit for making a notary deed per day, besides being subject to ethical sanctions for violating KEN regulations, notaries can also be subject to administrative sanctions for not complying with UUJN orders. Notaries who commit such violations can be the object of summons and examination from the Regional Honorary Council according to their level of authority, DKD has the right to summon and examine notaries who are indicated to have committed violations either based on reports or direct findings, DKD is also authorized to give direct sanctions or provide results of examinations to be carried out further examination to the Regional Honorary Council
Penyelesaian Nonpenal Tindak Pidana Kekerasan dalam Rumah Tangga di Wilayah Hukum Kepolisian Resor Batanghari
Get PDFDomestic violence that occurs in the family and victims of domestic violence also do not want to report violence that occurs in their families, so victims prefer to hide the violence that occurs in their families. To protect victims of domestic violence from perpetrators, the government makes laws and regulations. The type of research in this research is empirical juridical which is carried out directly to the Batanghari Resort Police office with descriptive research specifications. Sources of data are field research and literature. Considering that the research uses an empirical juridical type, the approach used in this research is a sociology of law approach with data collection techniques using interviews and qualitative data analysis. Thus, the results of the study are the non-penal settlement of criminal acts of domestic violence in the jurisdiction of the Batanghari Resort Police, namely that non-penal applications have been carried out on 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. The obstacle faced in carrying out non-penal settlements of criminal acts of domestic violence in the jurisdiction of the Batanghari Resort Police is the minimum number of personnel in the Women and Children Service Unit and there is no special place for non-penal settlements at the Batanghari Resort Police
Efektifitas Penyelesaian Sengketa Konsumen Melalui Proses di Luar Pengadilan (Melalui Jalur Mediasi)
Get PDFA civil dispute in an agreement is a case that arises from an agreement that has been previously agreed upon by the parties. An agreement that starts from negotiation to produce an agreement that is written on a trading contract. The current condition shows that dispute resolution in court is no longer the main choice because it is considered not effective and efficient enough. The choice of dispute resolution through an arbitration institution is considered to provide its own advantages over going through a national court. And the neglect of consumer rights can invite losses that lead to consumer disputes. So the purpose of this main discussion is how the process of resolving consumer disputes based on UUPK and the process of resolving disputes through mediation channels. The research method is normative law, and obtains data by using secondary data based on legal provisions and periodic legal developments. The choice of dispute resolution through the UUPK can be resolved through court (litigation) and out-of-court (non-litigation) channels. And it has been explained in Article 48 of the UUPK that "the litigation path can be taken through filing a lawsuit through the court, looking at the provisions regarding the applicable general court". "Arbitration and Alternative Dispute Resolution" is "a civil dispute resolution institution that can be resolved through a procedure agreed upon by the parties, namely an out-of-court settlement through consultation, negotiation, mediation, conciliation or expert judgment". Then arbitration is a dispute resolution out of court based on an arbitration agreement as well. Mediation is a method of resolving disputes that has a main scope such as a private/civil law area. Mediation is "a settlement through the assistance of a third party, but the role of the mediator is only to bridge the parties without giving an opinion on dispute resolution"
Tinjauan Antropologi Hukum terhadap Perilaku Masyarakat Kota Jambi Yang Tidak Menggunakan Kaca Spion pada Sepeda Motor di Jalan Raya
Get PDFCurrently, there are still many motorcycle riders who do not use rear view mirrors on their motorbikes. With a legal event like this, the object of study in this study is the behavior of the people of Jambi City not using rear-view mirrors on motorbikes. The research method used in this research is empirical juridical so that this research is more descriptive in nature, the data sources are primary and secondary sources, the research approach is a case approach, the data collection technique in this study is a document study and the data analysis in this study was carried out qualitatively. . The results of the study indicate that the behavior of the people of Jambi City still commits violations of not using rear view mirrors on their motorbikes, the criminal sanctions that can be imposed are in Article 285 (1) of Law Number 22 of 2009 concerning Road Traffic and Transportation. and fines and ways to change the behavior of the people of Jambi City who do not use rear view mirrors on motorbikes on the highway are the application of criminal sanctions, socialization and installation of CCTV at crossroads by the Jambi City Police Traffic Unit and self-awareness from the people of Jambi City
Ilmu Hukum Berparadigma Pancasila di Era Globalisasi: Sebuah Tantangan Liberalisasi Ekonomi dan Teknologi
Get PDFThe liberalization of economy and technology in globalization cause philosophical problem to the jurisprudence paradigm in Indonesia because of its capitalism ideology which full of capital owners interests and monopolies that harm small and medium enterprises. Meanwhile, liberalization on technology which is considered free from any ideology, is not separable from capitalism which controls technological sophistication that causes the ideological disruption of a nation (new colonialism). The purpose of this study is to analyze the relevance of Pancasila which is the philosophical bases of the jurisprudence paradigm in Indonesia when faced the globalization. To analyze this problem, this article uses normative legal research method with philosophical approach. Pancasila as the guardian of the ideology of the Indonesia state has very strategic and significant role in maintaining the philosophy of law that is constantly evolving in responding the globalization from ontology, epistemology and axiology aspects. The five precepts of Pancasila are dynamic and accommodating ideological-philosophical bases for the development of jurisprudence in facing the current challenges
Upaya Penanggulangan Oleh Masyarakat dalam Membantu Pencegahan Tindak Pidana Pencurian Kelapa Sawit di Desa Markanding
Get PDFThe crime of palm oil theft now often occurs, especially in Markanding Village, so that efforts are needed to overcome it from the local community so that the crime of palm oil theft does not continue to increase. Therefore, the type of research in this study is empirical juridical which is carried out directly in the field with the research specification being descriptive with the data sources being research and literature. Therefore, the research approach is a conceptual approach in which data collection techniques using interviews and data analysis are carried out qualitatively. Thus, the results of the study, namely the prevention efforts by the community in helping to prevent the crime of palm oil theft in the Markanding Village are to provide appeals and advice to the perpetrators so as not to repeat the crime of palm oil theft and the people of Markanding Village also remind the security guards at the coconut harvesting place. to be more vigilant because there has been a criminal act of palm oil theft at the collection point of oil palm harvests and the obstacles in carrying out countermeasures by the community in helping to prevent the crime of palm oil theft in Markanding Village are the lack of legal awareness of the perpetrators themselves so that the perpetrators are still committed a crime of palm oil theft, the people of Markanding village still do not want to report and become witnesses related to the criminal act of palm oil theft