Wajah Hukum (E-Journal, Fakultas Hukum Universitas Batanghari)
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Analisis terhadap Peranan Polri Sebagai Penyidik Dalam Tindak Pidana Penebangan Hutan Tanpa Izin (Penelitian Berkas Perkara Nomor BP/83/XI/2010/RESKRIM pada Polres Tulang Bawang)
Get PDFForest development is a national development target that is expected to provide maximum benefits for the people's welfare, in fact this is now very difficult to happen, because there are many cases of logging without permission from the authorized official. This is the case in the Sungai Buaya Register 45 Forest Area, Mesuji Regency, Lampung. In the case file Number BP / 83 / XI / 2010 RESKRIM to the Tulang Bawang Pokes that the suspect named Komang Salie alias Komang Bon alias Wayan Putra bin Wayan Mije, is suspected of having committed a criminal act of logging without the permission of the authorized official, in a case which is suspected by everyone. prohibited from occupying and or working and or using, encroaching, cutting trees and harvesting or collecting forest products without having the right and permission from the authorized official and carrying tools specifically used to cut, cut or cut trees in the forest area without a permit authorized officials, and those who commit, who order to do, participate in the act or those who deliberately provide assistance at the time the crime is committed or those who deliberately provide opportunities, means to commit the crime, as referred to in Article 50 paragraph (3) letters a, b, e, and k Jo Article 78 paragraph (2), (5), and ( 10) Law Number 19 of 2004 concerning Amendments to Law Number 41 of 1999 concerning Forestry, Jo Articles 55, 56 of the Criminal Code. The problem in this research is what is the role of the National Police as an investigator in the criminal act of logging without the permission of the authorized official and what factors are the factors that hinder the role of the Police as an investigator in the criminal act of logging without the permission of the authorized official. The method that the author uses in this research is to use normative and empirical approaches, primary and secondary data types, data collection methods with literature study and field studies, and descriptive qualitative data analysis. Based on the results of the research, the role of the National Police as an investigator in the crime of forest logging without the permission of the authorized official case number BP / 83 / XI / 2010 / RESKRIM at the Tulang Bawang Police, among others, before the investigation was carried out, an investigation was first carried out to determine the truth of the criminal act that occur. The investigation is based on KUHAP and Law Number 02 of 2002 concerning the Police
Alternatif Untuk Meminimalisasi terhadap Pelanggaran HAM dalam Penegakan Hukum Pidana
Get PDFRelated to the general provisions of Law No. 39 of 1999 concerning Human Rights, which states that the beginnings of the history of the Indonesian nation to date have recorded various problems including: suffering, misery and social inequality, resulting from unjust and discriminatory acts and actions on ethnic, racial, cultural understanding, language, color, skin, and religion, as well as class, gender, and even social status and others. These unjust and discriminatory acts are included in violations of human rights, both vertically "carried out by the state apparatus itself to citizens or even vice versa" or those that are horizontal "ie between citizens themselves" and do not allow those included in the category for gross violations of the conception of human rights (grossviolation of human rights). This alternative to minimize human rights violations in criminal law enforcement is an effective way to reduce the number of human rights violations in Indonesia
Penambahan Kuasa Membeli dalam Pembiayaan Murabahah pada Praktik Bank Syariah
Get PDFOne of the sharia bank products which is the result of modification is a murabahah financing contract. Namely, buying and selling transactions where the bank mentions amount of profits. The bank as a seller, while the customer as a buyer. In muarabahah, there is a contract known as murabahah with buying authority. The implementation of murababahah with buying authority is, when a customer proposes murabahah financing in Islamic bank, the customer does not only carry out the murabahah financing contract but the customer is also given an authority from the bank to buy the goods desired directly. This study wants to find out whether the implementation of murabahah financing with buying authority allows in Islamic law or not. This research uses normative juridical research type. Researcher analyzes data using descriptive research techniques. This research results that murabahah financing with buying authority is allowed in Islamic law with the condition that in carrying out two contracts is needed to conduct carefully. It must not be conducted in same time, the ownership status must be clarified and the price must be agreed at the beginning of the contract
Tijauan Hukum Yang Menyediakan Bisnis Menggunakan Stiker SNI Pada Helm Tanpa Mengenai Badan Standarisasi
Get PDFIndonesian national standard ( sni ) constituting a standard applied by the standardisasi national and prevail in those regions of the unitary state of the republic of indonesia .Formulated by the technical standard komite-komite consisting of multiple stakeholders whether it is the government , academics , industry and the competent dibidangnya masing-masing severe .In general there are 3 grouping certification activities based on sni can do is: sitem management certification , the certification on enterprise management system for example berdasarnya ( sni iso 9001 , 14001 , 22000 , haccp , etc ); product certification , the certification on a product produced the company based on certain products for example sni sni: 2007 1811 to a helmet , sni 3554: 2015 bottled water for drinking , sni 2054: 2014 to steel tulangan concrete , and other produk-produk; personnerl certification , the auditor sertifkasi against personnel competence for example , ppc , oil and gas workers , electric powe
Perlindungan Data Konsumen Transaksi Online Melalui Penerapan Advance Data Protection System
Get PDFThe concept of a welfare state is the basis for the position and function of government (bestuurfunctie) in modern countries. The application of the law that is obeyed and followed will lead to law and order which maximize the potential of the community. Furthermore, in accordance with the objectives of the state set out in the fourth paragraph of the opening of the 1945 Constitution of the Republic of Indonesia that one of the objectives of the state is to protect the entire Indonesian nation and to advance the general welfare. By the establishment of the country’s goals in the fourth paragraph of the 1945 Constitution of the Republic of Indonesia, the answer is that in fact Indonesia has tried to create a welfare state. The main key in the welfare state is regarding the guarantee of people’s welfare given by the State. Basically, the regulation concerning the right to privacy of personal data is a manifestation of the recognition and protection of basic human rights. Therefore, the drafting of the Personal Data Protection Bill has a strong philosophical foundation and can be accounted for. Decision of the Constitutional Court Number 006 / PUU-I / 2003 further emphasized that the regulation of Personal Data Protection must be in the form of a law. In the Constitutional Court Decision, among others, it was stated that the provisions concerning human rights must be in the form of laws. As a form of the state present to protect as well as the welfare of its people, the government as the highest authority as well as those who run the government is obliged to carry out efforts that are felt needed. One way that the government can do to answer and minimize the problems faced is by implementing the Advance Data Protection System as a form of protection
Perlindungan Hukum terhadap Pemuda Dari Kejahatan Terorisme Di Wilayah Hukum Provinsi Jambi
Get PDFResearch on legal protection against youth from terrorism crimes in the jurisdiction of Jambi Province aims to determine the form of protection from the government and law enforcement in Jambi Province. The object of his research is legal protection for youth. The problem in this case is how the legal protection of youth from terrorism crimes in the jurisdiction of Jambi Province. The research method is normative so that this research is more descriptive qualitative in nature and sourced from literature. The approach is a case approach and the data collection technique is document study and data analysis is done qualitatively. The result of his research is that legal protection for youth from terrorism crimes in the jurisdiction of Jambi Province is carried out by means of preventive means, namely the government issues legal rules related to terrorism crimes, namely Law Number 5 of 2018 to protect youth who are victims of terrorism crimes, then law enforcement officers and The Counter-Terrorism Communication Forum conducts outreach / counseling related to terrorism crimes, while the repressive form is the Jambi Provincial government and law enforcement officials to ensnare perpetrators of terrorism crimes by imposing criminal sanctions as regulated in Law Number 5 of 2018 concerning Amendments to Law Number 15 2003 concerning the Stipulation of Government Regulation in Lieu of Law Number 1 of 2002 Concerning the Eradication of Criminal Acts of Terrorism into Law
Pertanggungjawaban Rumah Sakit terhadap Dokter yang Melakukan Malpraktik
Get PDFHospital is a health care institution that organizes individual health services in a plenary that provides inpatient, outpatient, and emergency services. In Indonesia, the practice of hospitals is governed by the law No. 44 year 2009 about hospitals. The law, in addition to being a basic guideline for legal and administrative, is also made to provide legal certainty in the maintenance of health services, as well as provide protection for the Community and protection of resources People in hospitals. Currently, hospitals can be held accountable because the condition of the hospital is no longer an institution that only focuses on the principle to help people only. The hospital slowly changed its function into a profit-oriented corporation. This is because the growing of science and technology are valued so much that doctors and hospitals also need additional costs for survival. The provisions of the hospital are responsible for the loss of a person as a result of the action of health workers, this is a request for the hospital to be responsible for te actions taken by the officers of his subordinates either as the status Fixed or not fixed. Doctors as a party to the agreement by the hospital do have the achievement to seek the healing of the patient through the search for the most appropriate therapy and not on promising healing from the patient. Therefore, doctors have a responsibility for the actions that do not only take the best effort according to the knowledge and experience he possesses. The hospital's accountability to doctors who do malpractice is not absolute and has many gaps. Unlike the damages to civil law, criminal liability can still be made by using the doctrine of corporate accountability
Ketentuan dan Akibat Hukum terhadap Penghapusan dan Pemusnahan Barang Milik Negara (ASET) Berdasarkan Peraturan Menteri Keuangan
Get PDFThe central issue in the management system of State-Owned Goods (assets) is the implementation of the management of State-Owned Goods (assets) based on functional principles, legal certainty, transparency, efficiency, accountability, and certainty of value. Decree of the Minister of Finance No. 470/KMK.01/1994 on Procedures for the Elimination and Utilization of Property. State Wealth, Decree of the Minister of Finance No. 350/KMK.03/1994 on The Procedure for Exchanging Property/State Wealth. In terms of regulations, the provisions are still many weaknesses, especially in the field of the legal system is still partial, where the regulations are not yet integrated and thorough, each of these regulations still overlaps and stands alone so that it is not a union and has nothing to do between the regulations below and the above in a matter of the policy of the management of State Owned Goods (BMN). This writing aims to understand and understand how the legal consequences generated from the legal system governing the removal of state property by using the approach method is a statutory approach. So that the results of the writing can provide an overview and analysis of the issue of the removal and destruction of state-owned goods as not yet regulated in the special legislation.
Pertanggungjawaban Pidana Bagi Pelaku Pembunuhan yang Mengalami Gangguan Jiwa Perspektif Hukum Pidana dan Islam
Get PDFMurder which is committed by the status of a madman is a common problem in society with various cases and characteristics. Publicity about this is likely to arouse strong emotions and raise the question of whether or not it is sanctioned. In connection with the crime itself, the view from Islamic law defines a crime as an act that is prohibited by law that comes from Allah, for this violation there are provisions of punishment that come from Him. The legal prohibition referred to here is to do an act that has been prohibited or by not doing work that is not justified. What can be classified as part of a crime in Islam is if the act is only prohibited on the basis of the Sharia. It must be said, by doing or not doing an act which will result in a punishment which must be based on the Shari'ah which is a crime. The perspective of Islamic law and in the provisions of criminal law on actions in the category of criminal acts, such as actions in the category of murder, are committed by crazy people or people who are experiencing mental disorders. Here it will be seen whether the provisions of Islamic law and the provisions of criminal law will also apply to a madman who has been proven to have committed these crimes
Netralitas Politik Aparatur Sipil Negara dalam Perspektif Perlindungan Hak Asasi Manusia
Get PDFIn the legal and governmental aspects, bureaucratic reform is very urgent to be realized, including the policy of ASN political neutrality. Therefore, this study aims to analyze the political neutrality policy of ASN according to Law Number 5 of 2014 concerning State Civil Servants in the Perspective of Human Rights Protection. The scope of this research is carried out by drawing legal principles against written positive law. Legal principles are used in interpreting Law Number 5 of 2014 concerning ASN by relating it to the perspective of protecting human rights. The method used is normative juridical legal research using secondary data. The research results reveal that every civil servant organization does not take sides with any form of influence and interests of anyone. In this case, there are restrictions on the political rights of ASN according to Law Number 5 of 2014 concerning State Civil Servants not violating human rights as stipulated in the 1945 Constitution of the Republic of Indonesia. According to the principles of Islamic law, ASN must be neutral and obedient to leaders. Elected without antagonizing him. Thus, it is concluded that the ASN political neutrality policy has met 4 indicators of a rule of law, namely protection of human rights, distribution of power, governance based on laws and regulations, and state administrative court