Wajah Hukum (E-Journal, Fakultas Hukum Universitas Batanghari)
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Pelaksanaan Ganti Rugi Akibat Pemasangan Tiang Listrik di Lahan Masyarakat di Kota Jambi
Get PDFThe issue of compensation for the installation of electricity poles on community land in Jambi City is a serious concern, because until now there has been no adequate compensation from PT. PLN (Persero) UP3 Jambi. Residents who own land are questioning their rights regarding the use of private assets for public interests and settlement mechanisms in accordance with regulations. This ambiguity has the potential to cause dissatisfaction, so a solution needs to be found immediately to fulfill community rights. This study uses a socio-legal research approach with an activity plan of three months so that the scope or object of the study is the implementation of compensation due to the installation of electricity poles on community land in Jambi City. For this reason, the main materials and tools are direct research in the Jambi City community and secondary data are books and Law Number 30 of 2009 concerning Electricity. The data collection technique is in the form of interviews so that the data analysis uses qualitative analysis methods. The results of this study are that the regulation of compensation due to the installation of electricity poles on community land has been regulated in Article 30 of Law Number 30 of 2009 concerning Electricity and the implementation of compensation due to the installation of electricity poles on community land in Jambi City has not been implemented compensation to the people of Jambi City related to their land used for the installation of electricity poles by PT. PLN (Persero) UP3 Jambi
Tahap Penetapan Penahanan pada Tindak Pidana Pencurian Ringan Menurut Restorative Justice di Wilayah Hukum Kepolisian Sektor Pasar Jambi
Get PDFPetty theft is a common social problem and reflects challenges in community security. Although considered a minor crime, this theft, which involves taking goods without violence, has a significant impact on the victim. This study aims to determine the process of determining detention in petty theft crimes in the Jambi Market Police Sector and to explain the restorative justice approach in resolving petty theft crimes in the Jambi Market Police Sector. The research method used is empirical juridical using a legal sociology approach so that the data sources used are primary data sources and secondary data sources with data collection techniques in the form of interviews, observations and documentation so that the data analysis technique is qualitative analysis. The results of this study indicate that the detention stage in petty theft cases in the Jambi Market Police Sector The detention determination stage for petty theft crimes in the Jambi Market Police Sector is in accordance with the Criminal Procedure Law. However, the case of theft of a cellphone by Danu Wijaya is not included in petty theft because the loss value is IDR 4,000,000, exceeding the limit of IDR 2,500,000. This case is categorized as ordinary theft and cannot be resolved through a restorative justice approach because the victim does not want to reconcile and Danu is a recidivist with two previous sentences for similar crimes
Sanksi Pidana Denda Bagi Pelaku Penyalahgunaan dan Pengedaran Gelap Narkotika (Studi Putusan Perkara Nomor 468/Pid.Sus/2024/PN Smg)
Get PDFThe illicit circulation and abuse of narcotics in Indonesia constitute a serious and escalating problem that threatens social and economic stability, as well as the future of the younger generation. One form of law enforcement against narcotics traffickers is the imposition of criminal fines as stipulated in Law Number 35 of 2009 on Narcotics. This study aims to explain and analyze the imposition of criminal fines in addressing illicit narcotics circulation and to examine judicial considerations in Case Decision Number 468/Pid.Sus/2024/PN Smg. The method employed is normative juridical research, which examines norms in positive law and court decision studies. Based on the research findings, the imposition of a criminal fine of IDR 1,000,000,000.00 with a subsidiary six-month imprisonment in this case is deemed insufficient to deliver the expected deterrent effect, as the offender may circumvent legal consequences through financial capability or networks within correctional facilities. The judge’s considerations in rendering the decision encompass juridical and sociological aspects; however, further evaluation of the fines is necessary to ensure they create both deterrence and justice. This study underscores the need to strengthen legal instruments so that criminal fines are not merely symbolic but also functional in combating narcotics-related crimes
Perlindungan Hukum terhadap Korban Revenge Porn dalam Perspektif Psikologi Hukum
Get PDFAdvances in information technology have given rise to various new forms of crime in the digital realm, one of which is revenge porn, namely the act of spreading intimate content without consent as a form of revenge, generally carried out by ex-partners. This phenomenon has a serious impact on the psychological condition of victims, especially women, while existing legal instruments often do not provide optimal protection. This research focuses on analyzing legal protection for victims of revenge porn in Indonesia and examining the dynamics of the relationship between the perpetrator and the victim from a legal psychology perspective. The methodology used is normative juridical legal research with a qualitative approach through literature study. Data sources were obtained from primary, secondary and tertiary legal materials, which were then analyzed using descriptive-analytical methods. The findings show that even though there are regulations such as the TPKS Law, ITE Law, and Pornography Law, protection for victims is still not effective. Victims often experience victim blaming, social pressure and psychological trauma without adequate recovery. This research concludes that the current legal protection approach is retributive and does not provide comprehensive recovery for victims. Therefore, an interdisciplinary approach is needed that integrates legal, psychological and gender aspects, as well as strengthening psychosocial rehabilitation as part of restorative justice
Aspek Hukum Peran TNI Mengatasi Serangan Siber dalam Rangka Pertahanan Keamanan Nasional
Get PDFCyberattacks are a growing and increasingly threatening form of non-traditional threat that endangers national security stability in the digital age. In this context, cybersecurity has become an integral part of the nation's defense system, making the role of the Indonesian National Army (TNI) in facing cyberattacks increasingly relevant and urgent. However, the legal aspects governing the authority of the Indonesian National Armed Forces (TNI) in the cyber domain still raise debate, particularly due to the lack of comprehensive and specific regulations. This research aims to examine and understand the legal basis governing the role of the Indonesian National Armed Forces (TNI) in addressing cyber threats, analyze the limits of its legal authority within the context of national cyber defense, and evaluate the implementation of existing policies. This research uses a normative juridical method, as well as relevant legislation (statute approach) and conceptual (conceptual approach) approaches. The research results indicate that although the role of the Indonesian National Armed Forces (TNI) is highly strategic in facing covert and high-risk cyber threats to national sovereignty, the involvement of the TNI must be based on a clear and firm legal framework, carried out through effective coordination with relevant institutions, and always uphold applicable legal principles
Penerapan Prinsip Mengenal Pengguna Jasa Serta Kepastian Hukum terhadap Akta Pendirian Perseroan Terbatas oleh Notaris yang Berafiliasi dengan Biro Jasa
Get PDFApart from having the authority to make authentic deeds, notaries also have the authority to identify users of their services. The authority of a Notary to apply the principle of recognizing service users is the attribution authority obtained from Permenkumham No. 9 of 2017 and the legal consequences for a Notary who does not apply this principle is that the Notary may be subject to administrative sanctions based on UUJN. In applying the principle of recognizing service users, Notaries are asked to dig up information in the form of the identity of service users and the acquisition of sources of funds which will later be reported to PPATK. In order to approach writing, the author uses a normative juridical research approach. The writing in this research emphasizes the legal norms contained in in legislation and court decisions as well as legal norms inherent in society
Kewenangan Hakim Mahkamah Konstitusi dalam Memanggil Menteri sebagai Pemberi Keterangan pada Perkara Perselisihan Hasil Pemilihan Umum Presiden dan Wakil Presiden Tahun 2024
Get PDFIn the 2024 Presidential PHPU trial, the Constitutional Court summoned four Ministers to give testimony in the trial. This raises a problem, because in the PMK PHPU President there is not a single provision that explicitly authorizes the Constitutional Court judge to be able to summon the informant. This study aims to firstly, determine the legal basis for the authority of Constitutional Court judges to summon the informant in the PHPU Presidential Election Case. Second, to find out the consequences caused by the summoning of the informant by the Constitutional Court judges in the PHPU Presidential Election Case. Third, to find out the clarity of the regulation regarding the informant in PMK No. 4/2023 and to provide a concept of the necessary arrangements in order to avoid abuse of authority by the Constitutional Court judges in the PHPU President. This paper uses normative legal research, using a statutory approach and a case approach. Based on the results of the research, it turns out that there is no authority for Constitutional Court judges to summon the informant because this is not explicitly regulated in the PMK PHPU President. The unclear legal basis governing the summoning of the informant in the Presidential PHPU trial and the actions of Constitutional Court judges who summon the informant on their own initiative can cause problems. The problems that arise relate to potential violations of the principle of independence and the emergence of legal uncertainty. There is ambiguity in the authority to summon the informant in the Presidential PHPU trial. Therefore, further regulation is needed regarding the authority to summon the informant in the PHPU Presidential Election case so that there is a clear division of authority in order to present the informant at the trial
Penegakan Hukum terhadap Penyalahgunaan Senjata Tajam oleh Geng Motor di Kota Jambi
Get PDFThe purpose of this study was to determine the law enforcement against the misuse of sharp weapons by Motorcycle Gangs in Jambi City and the obstacles faced by the Police in carrying out the enforcement and the efforts made by the Police in overcoming these obstacles. The approach method used in this study is empirical juridical. The results of the study are that law enforcers have implemented the right procedures in handling cases of misuse of sharp weapons, starting with raids on the highway followed by the detention of perpetrators who are proven to be carrying sharp weapons illegally. However, the Jambi Police face a number of obstacles in implementing law enforcement against this crime. These obstacles include the legal aspect itself, limited human resources for law enforcement, lack of facilities and infrastructure, and low public awareness. To overcome these obstacles, the police have taken several strategic steps. First, establishing cooperation with the Intelligence Directorate to prevent the misuse of sharp weapons and strengthening coordination with the Regional Police Chiefs throughout Indonesia. Second, increasing the motivation and competence of personnel through special training that focuses on crimes related to sharp weapons. Third, encouraging changes in legal policies that are relevant to this crime
Klausula Eksonerasi: Akibat Hukum Perjanjian Baku dalam Perjanjian Pengikatan Jual Beli Perumahan
Get PDFThe principle of freedom of contract allows standardised contracts to be used. However, businesses usually use standard contracts that include exoneration or exclusion clauses because they are in a different position. This can be detrimental to consumers if these clauses limit their obligations and responsibilities. The practice of using standard agreements often occurs when the situation is unstable. Manufacturers change the standard rules. The agreement usually favours the business actors. Although the Consumer Protection Law is already in force in Indonesia, business agreements still use exoneration clauses. However, the existence of such exoneration clauses is still debated in the field of law, according to academic research from legal experts. This study uses a normative legal research approach. Research in the field of normative law focuses on the collection and analysis of current law, legal foundations and ideas, analysis of specific cases, the structure of the legal system, the degree of parallels, comparisons between laws, and the historical development of law. The purpose of this research is to study and provide legal results of the application of exoneration clauses in the binding agreement for the sale and purchase of houses and to resolve default disputes that arise because of housing sale and purchase agreements containing exoneration clauses. The presence of this standard model agreement is still a legal issue, especially in civil law in the field of agreements. Conversely, this new draft agreement may violate consumer rights and even violate the legal rules governing consumer protection. The result is that this research is considered interesting and important to conduct
Pembaharuan Hukum dalam Transaksi Asuransi pada Marketplace Asuransi Online di Indonesia
Get PDFThe phenomenon of personal data misuse has become increasingly prevalent in today's society. Data breach cases in Indonesia are common due to weak regulations specifically designed to protect the personal data of online marketplace users. This study aims to investigate and analyze the phenomenon and implications of the development of insurance transactions within the scope of online marketplaces in Indonesia, as well as to provide recommendations for legal improvements or enhancements that are appropriate and can support healthy growth in Indonesia's online insurance industry. This research employs a normative legal approach by utilizing library research techniques to examine various guidelines. Secondary data collected through library research were analyzed using a qualitative juridical approach. The study is also supported by primary legal materials such as legislation. The findings of this study indicate that insurance agreements can be utilized to protect the confidentiality of personal data, ensure the certainty and security of transactions, and minimize the risks of digital transactions, such as fraud, delivery failures, and financial losses. Legal regulations related to online insurance marketplace businesses in Indonesia require adjustments and revisions to accommodate the rapid development of technology and e-commerce