Wajah Hukum (E-Journal, Fakultas Hukum Universitas Batanghari)
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Benarkah Praperadilan Menguji Aspek Formil (Analisis Hukum Penetapan Tersangka dalam Putusan Nomor: 01/Pid.Pra//2021/PN.Tob)
Get PDFThe determination of the suspect is the object of pretrial after the decision of the Constitutional Court Number 21/PUU-XII/2014. Pretrial only examines formal aspects; however the object of the pretrial relating to the determination of the suspect, the pretrial examination becomes a dilemma because it is always related to the examination of the fulfillment of the evidence which has actually entered the area of examination of the case material. In this paper, the legal issue being studied is the Pretrial Decision Number 01/Pid.Pra/2021/PN.Tob. who decides to reject the applicant’s pretrial application. On the other hand, the alleged criminal case can’t be tried until now because the Public Prosecutor continuously returns the file (P-19) on the grounds that there is not enough evidence. To answer these legal issues, a normative legal research method with a case approach is used. This approach is to analyze the basis of judgesconsiderations in making decisions. The results of the study show that the Pretrial Decision Number 01/Pid.Pra/2021/PN.Tob. did not consider in detail the Determination Of The Suspect. The judge does that so as not to get cought up in the examination of the case material; even though the determination of the suspect should have checked the fulfillment of the evidence in the framework of the formal aspect of the examination
Kajian Yuridis Permenkumham Nomor 10 Tahun 2020 Sebagai Upaya Pencegahan Covid-19
Get PDFAssimilation is the process of fostering prisoners and children carried out by blending prisoners and children in community life, this is regulated in Article 1 number 4 of the Regulation of the Minister of Law and Human Rights Number 03 of 2018. The focus of this research is on assimilation given to children. To break the chain of spread of Covid-19, the Minister of Law and Human Rights has also issued Minister of Law and Human Rights Regulation Number 10 of 2020 concerning Conditions for Providing Assimilation and Integration Rights for Prisoners and Children in the Context of Prevention and Control of the Spread of Covid-19 which was promulgated in dated March 30, 2020. The research approach uses normative legal research because it is carried out by researching library materials or secondary data in this case researching and analysing Minister of Law and Human Rights Regulation Number 10 of 2020 through a statutory approach, conceptual approach and philosophical approach by collecting data through document studies and qualitative analysis. The results of the study indicate that assimilation in the Covid-19 pandemic is not an appropriate policy, this is based on unstable social and economic conditions to support the implementation of this. Because as long as prisoners are still state-guided citizens, it should be the state's obligation to fulfilling the prisoners' rights as regulated in Article 14 of Law Number 12 of 1995
Kedudukan Hukum Sema No. 3/2015 terhadap Putusan UU No. 35/2009 Tentang Narkotika Berdasarkan Hierarkis Perundang-Undangan di dalam Memutus Perkara Narkotika
Get PDFStudy on the juridical analysis of SEMA No. 3 of 2015 on the Decision of the Narcotics Law Number 35/2009 based on a hierarchical law with legal certainty is very necessary. The number of narcotics cases was decided as a crime of drug abuse, example of the decision of the narcotics case in the Lahat District Court, where the Panel of Judges sentenced based on Article 112 paragraph (1) of Law 3/2009 and the demands of the Public Prosecutor. His sentence was only ten months. far above the minimum sentence stated in Article 112 paragraph (1), which is four years according to SEMA 3/2015, where the judge may decide narcotics cases below the minimum. This violates the principle of "lex superior derogate legi inferiori", If there is a conflict between high and low laws and regulations, then the high one must take precedence. This type of research is normative, with analytical descriptive method. Research shows that SEMA is classified as a policy regulation (bleidsregel), and because it is intended specifically for court officials. The legal position of SEMA No.3/2015 on the Decision of Law No.35/2009 based on the hierarchical legislation in deciding narcotics cases deviates from the criminal rules stipulated in Law No.35/2009, and deviates from existing legal principles
Kajian Kriminologis Tindak Pidana Pencurian Ikan Segar dalam Kapal Motor Nelayan Dermaga Dirgahayu Kecamatan Rantau Rasau Kabupaten Tanjung Jabung Timur
Get PDFTheft is one of the categories of crimes against human property/wealth and is classified as one of the crimes regulated in the criminal code of law. Theft is an act of crime that has been rampant in society, so that the safety and comfort of people’s lives is greatly disturbed. The factors that cause theft are found within the perpetrator, which means that what influrnces a person to commit a crime arises from within the perpetrator himself, which is based on heredity and psychology
Korelasi Praktek Sukuk Ijarah dengan Investasi di Indonesia: Bentuk Perspektif Hukum Syariah
Get PDFAt this time, there were many investors interested in sukuk in investing because sukuk gave higher returns than deposit rates with a clearly smaller risk. Sukuk with the type of ijarah contract are the most popular types of sukuk, both since they were first issued and until now during this Covid-19 pandemic. This is sufficient from the good market absorption of sukuk where in 2020 there will be 162 sukuk series issued and 64% Ijarah contracts. However, in practice this sukuk was found to be incompatible with the sharia principles that were implanted at the beginning, where the sukuk showed a direction similar to the practice of conventional bonds. From the existing background, the purpose of this research are the concept of sukuk as an investment, Islamic principles that apply in Ijarah Islamic bonds. The discussion of this problem uses normative juridical research methods and descriptive qualitative analysis through secondary data. The results of data analysis show that in society, the practice of Ijarah contracts that are not pure and leads to the muntahiya bi al-tamlik contract is similar to the mechanism offered in conventional bonds in general so that it does not run in accordance with sharia principles
Penyelesaian Tindak Pidana Penganiayaan terhadap Kepala Sekolah Di Kabupaten Tanjung Jabung Barat
Get PDFThe teaching profession and the lecturer profession are special fields of work carried out based on principles, one of which is having guaranteed legal protection in carrying out professional duties. In addition, obtaining protection in carrying out their duties is one of the rights obtained by teachers in carrying out their professional duties. The type of research used is empirical juridical, and the nature of the research is descriptive, using primary and secondary data. Primary data obtained by means of interviews. Secondary data is obtained by means of literature study or documentation study. Then, all data and information were processed using qualitative data analysis. Based on the results of the study, it is understood that in realizing restorative justice as an alternative in resolving the Crime of Persecution Against the Head of State Middle School 10, Tanjung Jabung Barat Regency in order to avoid the difficulties that exist in the formal criminal justice process. And functioning does not cause public unrest or there is no community rejection, does not impact social conflict, all parties involved do not object, and relinquish the right to sue before the law. The obstacle faced in general is the difficulty of giving direction to the victim to resolve the case. only at the police level, but there is intervention from the victim's family who often insists on going to court. After the police provided input and gave many explanations regarding the consequences that the victim would receive if they wanted to proceed to the Court such as internal divisions, and In overcoming the obstacles faced by the umbrella sector police, they could only provide input and advice if there were obstacles, and The Crime of Persecution Against the Head of State High School 10 Tanjung Jabung Barat Regency Tanjung Jabung Barat Resort Police can overcome existing obstacles and provide restorative justic
Keberadaan Hukum Pidana Adat dalam Ruang Lingkup Hukum Pidana Indonesia
Get PDFThe existence of customary criminal law in a society reflects the life of the community, and each region has its own unwritten criminal law which is coded according to local customs. In this study the author uses empirical juridical research methods. The type of research in this study is empirical juridical which is carried out directly by looking at customary law in Indonesia 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 existence of customary criminal law within the scope of Indonesian criminal law is very necessary because not every act if positive criminal law is used will take a long time, while customary criminal law is faster to resolve because it uses the local customary law system so that it should Customary criminal law must be used as Indonesian criminal law
Asas Dominus Litis Bagi Kejaksaan dalam Penuntutan Tindak Pidana Berdasarkan Undang-Undang
Get PDFThe Criminal Procedure Code is a generally accepted procedural law for criminal acts in Indonesia. It is regulated that those who have the right to carry out prosecutions are the Public Prosecutor or the Prosecutor. There is an element of legal uncertainty regarding his authority in prosecuting corruption crimes, for example. The separation of the authority of the Corruption Eradication Commission from the Prosecutor's Office, specifically as a claimant. In fact, the prosecution is on behalf of the Public Prosecutor or the Prosecutor. With the dominus-litis principle, expressly states that there is no other institution other than the Prosecutor as the Public Prosecutor who has the absolute right to sue. This study examines the principle of dominus litis for the prosecutor in the prosecution of criminal acts based on the law. The research method, the type of normative research with a descriptive approach. It was concluded that it was necessary to clarify the position of the Indonesian Prosecutor's Office as an executive agency. According to the rules, the Prosecutor's Office should be under the same roof as the judiciary. or the sake of the presence of legitimacy for the Prosecutor's Office itself. So that there is no uncertainty of authority for the Public Prosecutor in prosecuting criminal cases. Oleh karena itu perlu dibuat peraturan baru terkait dengan Kejaksaan RI untuk menuntut kasus tindak pidana berdasarkan asas dominus litis. Where the Prosecutor's Office is the owner of the dominus litis authority in terms of prosecution
Pengaturan Penjatuhan Sanksi terhadap Pelanggaran Berat yang Dilakukan oleh Notaris dalam Perspektif Peraturan Perundang-Undangan
Get PDFSanction about violations that commited by Notary are regulated in Notary position regulation and ethics code of Notary. But, there is no further explanation regarding the form of violations such as what can be said as a minor violation to a serious violation in the imposition of a Notary sanction cause the ambiguity of norms in Article 9 paragraph (1) letter d regarding Notary violations and Article 12 letter d regarding gross violations by Notary. The purpose of this study is to find out and analyze the arrangements of sanctions imposition for gross violations committed by Notary and Notary legal efforts that are sanctioned for gross violations in the perspective of laws and regulations by using the type of normative juridical law research. To determine the types of violations or classification of notary violations, based on the review and policy of the Notary Supervisory Assembly as an authorized official with reference to applicable laws and regulations because there is no further explanation of the classification of notary violations. If the Notary feels the objection to being sanctioned for gross violations, then the Notary can file a legal effort that is to file a lawsuit with the State Administrative Court
Upaya Polisi Lalu Lintas Polres Tanjung Jabung Barat dalam Restorasi Fungsi Helm
Get PDFTraffic violations that do not use helmets at the Tanjung Jabung Barat Police are increasing. The West Tanjung Jabung Police have taken countermeasures, one of which is the enforcement of Law No. 22 of 2009 concerning Road Traffic and Transportation. Therefore, this type of research is empirical juridical research, carried out directly in the field and the data sources are research and literature so that the approach is a sociology of law approach. Data collection techniques used interviews and data analysis and were carried out qualitatively. The results of the study are the efforts of the Traffic Police in reducing the impact caused by not using helmets in traffic accidents in the jurisdiction of the Tanjung Jabung Barat Police, namely preventive and repressive efforts. Preventive efforts are just socialization that is carried out directly to the community, schools and employee agencies. In addition, using mass media such as radio, newspapers and banners. Meanwhile, repressive efforts are in the form of conducting routine raids every day to find out the use of standard helmets and the obstacles faced such as there is no public awareness of the use of motorbikes and there are still alternative roads so that motorbike violators can pass through the raids conducted by the Tanjung Jabung Traffic Police.