Wajah Hukum (E-Journal, Fakultas Hukum Universitas Batanghari)
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Efektifitas Sanksi Pidana Dalam Pasal 8 Peraturan Walikota Jambi Nomor 21 Tahun 2020 Dalam Pelanggaran Penerapan Protokol Kesehatan Di Kota Jambi
Get PDFThis research describes the effectiveness of criminal sanctions in Article 8 of Jambi Mayor Regulation Number 21 of 2020 in violating the application of health protocols in Jambi City, the factors that affect the effectiveness of criminal sanctions in Article 8 of Jambi Mayor Regulation Number 21 of 2020 in violating the application of health protocols in Jambi City. Jambi City and efforts to streamline criminal sanctions in Article 8 of Jambi Mayor's Regulation Number 21 of 2020 for violating the application of health protocols in Jambi City. The research method used in this research is juridical empirical 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 research is document study and the data analysis in this research is carried out qualitatively. . The results of the study show that the Jambi City government and the people of Jambi City have not implemented criminal sanctions in Article 8 of Jambi Mayor Regulation Number 21 of 2020, there are Jambi City people who do not use masks when they are outside the home, as for the factors that influence it, namely law enforcement and community factors. so that the efforts made, namely the Jambi City government must instill legal awareness of the people of Jambi City by making effective criminal sanctions fines in Article 8 of Jambi Mayor's Regulation Number 21 of 2020
Perlindungan Hukum Bagi Pihak yang Beritikad Baik Dalam Perjanjian Jual Beli (Studi Putusan Nomor 15/pdt.G/2018/PN.Sby)
Get PDFBuying and selling is a common activity that is carried out in everyday life. The sale and purchase transaction is deemed to have occurred when the parties have reached an agreement on the goods sold and the price offered which is then standardized into an agreement. However, often the making and implementation of agreements does not heed the terms and legal principles contained in the KUHPer which should be used as guidelines both at the time of making and implementing the agreement. One of these cases is contained in Decision Number 15 / pdt.G / 2018 / PN.Sby. This study aims to determine the criteria in determining whether a party has good intentions in carrying out a sale and purchase agreement and legal protection against parties with good intentions. In writing this study using the normative legal method, namely by examining the contents of the decision which is then analyzed by interpretation of the law. Based on the research results, to see that one of the parties has good intentions is in two ways, the first is subjectively or at the time of negotiation and contract preparation and objectively by seeing how he can obey the contents of the contract agreement as long as the agreement is implemented. Legal protection that can be provided is by resolving disputes by making legal suits either through non-litigation through the Consumer Dispute Resolution Agency with all its powers or by litigation by filing a lawsuit through a public court
Asas Penyelenggaraan Sistem Jaminan Sosial Nasional Oleh Badan Penyelenggara Jaminan Sosial (BPJS) Kesehatan di Kota Jambi
Get PDFThis article is the result of research with the aim of analyzing and examining the principles in the implementation of the National Social Security System by BPJS Kesehatan in Jambi City. Then it aims to study and analyze the problems and efforts to overcome the problems. The research carried out is a type of empirical research, which concentrates on the main data from the field. The sampling method is through the 'accidental sampling' technique. The result of the research states that the humanitarian principle and the principle of benefit have mostly been implemented in BPJS services at the Hospital in Jambi City. Only the principle of social justice for all Indonesian people is still obscured and its implementation has not yet been seen in the implementation of health services by BPJS at Jambi City Hospital. Furthermore, there are still problems in the implementation of the BPJS in Jambi City, namely some of the losses in the implementation of the National Health Insurance, the unfairness of claims by participants in certain groups, unequal facilities and health workers in Hospitals
Analisis Yuridis terhadap Tindak Pidana Pembunuhan Berencana Dan Penganiayaan terhadap Anak yang Mengakibatkan Luka Berat (Studi Putusan No. 36/Pid.B/2016/PN.MLL)
Get PDFThis review inspects the use of the law to the wrongdoing of planned homicide and judges' contemplations in taking care of the wrongdoing of planned homicide and youngster misuse that outcomes in genuine wounds. This exploration is a regulating juridical examination. The regularizing juridical methodology is a methodology that inspects speculations, ideas, lawful standards and legal guidelines. The strategy of gathering essential lawful materials and optional legitimate materials utilizes the strategies of gathering lawful materials with writing study. The outcomes showed that the utilization of the law against the wrongdoing of planned homicide and abuse of kids bringing about genuine wounds disregards Article 340 of the Criminal Code and Article 80 Paragraph (2) of Law Number 23 of 2002 concerning Child Protection, demonstrating that the respondent perpetrated the wrongdoing of planned homicide. What's more, youngster misuse bringing about genuine wounds. The appointed authority's thought in dealing with this wrongdoing, forces a daily existence detainment. The respondent was accused of having perpetrated a wrongdoing of planned homicide which brought about the passing of casualty Christina Tandioga and youngster misuse which brought about genuine injury to Sestika Santika. For instance, the essential incrimination of the Public Prosecutor, Article 340 of the Criminal Code and the second prime incrimination of the Public Prosecutor, Article 80 Paragraph (2) of Law Number 23 Year 2002
Pertanggungjawaban Pidana Nakhoda Kapal Asing Terhadap Pelanggaran Hukum di Wilayah Teritorial Indonesia
Get PDFAs a very large archipelagic country, Indonesia is very strategically located on world trade routes, making Indonesian waters have several problems including problems of maritime environmental pollution and shipping safety. This problem is due to the presence of oil from ships, either from fuel, from the engine room or oil as cargo that pollutes the marine environment. This study aims to determine the criminal responsibility of foreign ship captains who have violated the rules regarding the protection and management of the maritime environment and shipping in Indonesia, while the benefit of this research is to increase understanding for users of Indonesian archipelagic sea lanes so that they can sail safely and safely. The research method used is normative juridical while solving the problem with a concept approach and case approach to analyze the Batam District Court Decision Number 234/Pid.Sus/2021/PN. Btm is related to the implementation of criminal liability for foreign ship captains who violate the law in the Indonesian territory. The result of this research is that foreign ship captains can be held accountable for violating the law based on the principles of criminal law applied in Indonesia. So it can be concluded that a foreign ship captain who has made a mistake can be punished and accounted for his actions because there are criminal elements that are fulfilled and proven to have violated the law in the Indonesian territory
Konstitusionalitas Ancaman Pidana Terhadap Kejari (Penetapan Status Barang Sitaan dan Prekursor Narkotika)
Get PDFStudies on the constitutionality of criminal threats against the Attorney General's Office (Head of the State Prosecutor's Office) in determining the status of confiscated narcotics and narcotic precursors, based on the Law of the Republic of Indonesia Number 35 of 2009 concerning Narcotics, it is very necessary to do so. The regulation has an over-criminalization nuance that is detrimental to the constitutional rights of the Kejari. The research aims to analyze the role of the state in protecting the constitutional rights of the Kejari within the rule of law framework. The scope of the research describes the structure of values or norms in statutory regulations and the principles it adheres to. Legal principles are used in interpreting the Narcotics Law by linking it to the rule of law framework. The research method is normative legal research using secondary data. The results of the research revealed that the provisions in Article 141 and Article 91 paragraph (1) of the Narcotics Law have the potential to violate the constitutional rights of the Kejari. because it is not in accordance with the protection of constitutional rights in the institutional structure of the prosecutor's office, which may not be intervened in criminal law enforcement. In conclusion, the state plays a major role in implementing the protection of the constitutional rights of citizens and Kejari officials. The state is obliged to fulfill, respect and protect the constitutional rights of citizens. Institutionally, the state synergizes with the prosecutor's office must affirm the ethical and administrative areas concretely and limitatively, so as not to cause obscurity of norms and excessive criminalization of non-criminal acts to become criminal acts
Negoisasi Sebagai Upaya Alternative Penyelesaian Kredit Macet di Bidang Perbankan Secara Win-Win Solution
Get PDFBanking is one of the sources of funds, including in the form of credit for the community. Banks in providing credit will be very careful and will go through a more in-depth analysis. However, in providing credit, often the credit given to the debtor cannot be returned on time. This condition is called bad credit. The purpose of this study is to determine what factors cause bad credit in the banking sector and how to solve it in non-litigation ways. The method used in this research is the juridical-normative method, in which the research is carried out by means of literature study of law books, statutory regulations, literature and other references. The results of this study indicate that the factors causing the occurrence of bad credit in the banking sector include failure to accept the debtor's business, bad faith from the debtor, the discovery of credit loans without the knowledge of the family which can lead to a lack of responsibility, credit abuse by debtors and the presence of debtors. debtors who work as laborers, farmers, fishermen so that their finances cannot be guaranteed at all times, but only at certain times. As for the way to settle bad credit through non-litigation channels, namely by negotiation which can be done in three ways including rescheduling, reconditioning, and restructuring
Pertanggungjawaban Pidana Pelaku Turut Serta Melakukan Pemerasan Dengan Ancaman Berdasarkan Putusan Nomor 672/PID.B/2020/PN.Tjk
Get PDFExtortion and threats are an act against the law and the perpetrator is obliged to take responsibility for his actions as regulated in the Extortion Law with Threats is a complaint offense so that the authorities can act if there is a complaint and the victim of Tuiuan from this research is to find out the causative factor and how the perpetrator's criminal responsibility. As for the problem in this research are, what are the factors that led to the Criminal Act Committing 672 Pid B2020 PN Tjk? How is the criminal responsibility of the perpetrator involved and exchanging extortion with threats? The research method used in writing the Jumal of this research is a nomative juridical approach and an empirical approach. Based on the results of the research, the factors that cause perpetrators to commit extortion crimes with threats include economic factors, environmental factors and the third factor. Where the role of the perpetrator is concerned, how the perpetrator does it, the weight of the mitigation side, the facts of the trial. so the perpetrator is responsible for his actions with a criminal sanction of imprisonment
Penyalahgunaan Fungsi Trotoar oleh Pedagang Kaki Lima di Pasar Bojong Kecamatan Kedungwaringin Kabupaten Bekasi Dihubungkan dengan Peraturan Daerah Kabupaten Bekasi Nomor 4 Tahun 2012 Tentang Ketertiban Umum
Get PDFSidewalks are pedestrian paths that are generally parallel to and / or higher than the surface of the pavement to ensure pedestrian safety. However, the increasing number of street vendors competing to get land for trading causes street vendors to use sidewalks to enter their trading areas. This of course is not in accordance with the use and function of the sidewalk. So that the authors are interested in studying the causes of the rise of street vendors who misuse the function of the sidewalk. The research method used in this paper is to use normative juridical, where data collection techniques are researched through literature studies, law books, and other literature. the sidewalk bridge in Bojong Village which causes traffic jams for motorcyclists and pedestrians who pass by every morning. This of course can create a severe traffic jam and increasingly slum because at this location in addition to the market and the large number of street vendors, the large number of public transportation stops to attract passengers and heavy vehicles that also pass through this area
Dispensasi Perkawinan Anak Setelah Adanya Perma Nomor 5 Tahun 2019
Get PDFRatification of Law Number 16 of 2019 which regulates increasing the minimum age of a person to get married is an attempt to prevent child marriage. Because child marriage is a violation of children’s right. However child marriage still often happen in Indonesia and still many parents who apply marriage dispensation with an urgent reason. But in the practice, there is no specific regulation about this marriage dispensation there is no equality in adjudicating dispensation of marriage. This article use normative judicial research metodhs and use statute approach. The purpose of this research is to find answers about how the impact of child marriage on children’s right and analyze about judge’s consideration in adjudicating child marriage dispensation after there is Supreme Court Regulation Number 5 of 2019. Based on the results of this research were found that child marriage make children difficult to get their rights. Because they have new responsibility to take care of their marriage life. Eventhough there was a regulation that regulate about child’s right but it’s implementation not maximal yet, especially for who married in the child age. Then now regulation about marriage dispensation has been specially regulated in Supreme Court Regulation Number 5 of 2019 about guidelines for adjudicating applications for marriage dispensation that can used for every judge in the court which prioritize the best interests of child principle