Journal Cendekia Hukum (JCH - STIH Putri Maharaja Payakumbuh)
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PELAKSANAAN PENYIDIKAN TERHADAP ANAK YANG TERLIBAT DALAM TRANSAKSI NARKOTIKA
Get PDFOne crime that often occurs in Indonesia is drug use. Protection of children in a national society is a benchmark of the nation's civilization, so it must be pursued in accordance with the abilities of the nation. The study was conducted by using an empirical juridical approach. The data used are primary data obtained by interview and secondary data obtained through literature studies. The results of the study are described as follows: As for the implementation of investigations against children involved in narcotics transactions in the jurisdiction of Payakumbuh Police conducted by investigators basically in accordance with the Criminal Procedural Code and Law Number 11 Year 2012 Concerning the Criminal Justice System that applies even though in its implementation it has not maximize due to some limitations. The rights granted to child as suspects are also given in the form of rights avoided from acts of violence, accompanied by legal counsel and social guidance, the right to express opinions, views freely, receive care and welfare, and the right to be treated equally, Obstacles arising in investigations of children involved in Narcotics transactions in the Payakumbuh Police jurisdiction, including the time to detain children is very limited, namely seven days and can be extended eight days so that investigators must be extra fast to be able to complete the case file, should conduct an examination at the BPOM Padang laboratory. It must be also delivered and picked up by investigators and wait for the results of BAPAS research on the child concerned, and the absence of special investigators for children
SENGKETA WARISAN PERUSAHAAN PERORANGAN BERUBAH MENJADI PERUSAHAAN BERBADAN HUKUM
Get PDFThere is a circumstance where some children control an individual company owned by a parent and converted the company into a limited liability company with a loss to the rights of other heirs. The research aims to find on whether a parent’s company is justified or not has been upgraded to a legal entity ignoring other heirs. By using a normative juridical approach, the study is conducted to emphasize the actual facts and analyzed it with applicable regulations. The result shows that it cannot be justified that a limited liability company is established from finances originating of a parent-owned company, since it violates the legitimacy of other heirs’ rights
PENERAPAN ASAS KEPENTINGAN MILITER DAN PEMBERHENTIAN DENGAN TIDAK HORMAT TERHADAP PRAJURIT YANG TERLIBAT TINDAK PIDANA NARKOTIKA PADA PENGADILAN MILITER I-03/PADANG
Get PDFFormer TNI Commander Gen. Gatot Nurmantio to clean up the Indonesian National Army Institution from the Narcotics influence has issued instructions and orders to his ranks, efforts to overcome the problem of narcotics are not separated from the Principles of Military Interest. The principle of military interests means that in carrying out state defense and security, military interests are prioritized more than the interests of groups and individuals. It means that in the judicial process, military interests are always balanced with legal interests, in enforcing the law, military interests must not be ignored. Law enforcers within the TNI in carrying out legal proceedings against narcotics abusers should not only see their legal interests, military interests but also must be seriously considered. Military Judges who will decide on Narcotics cases should not only see the problem from the law. The dismissal of soldiers who are perpetrators of narcotics abusers is very reasonable because from a medical point of view, someone who has consumed drugs is not ready to use, they will experience brain tissue damage, nerve cells and memory loss so that their physical condition is not prime anymore and will not be able to carry out basic tasks to the fullest. This writing aims at 1. To find out how the implementation / application of the principle of military interest in dismissal is disrespectful to the soldiers involved in narcotics crime 2. To find out how the judges' legal considerations apply the principle of military interest in dismissal with disrespect to the involved soldiers criminal narcotics, military court I-03 / Padang in practice has applied the principle of military interest in the consideration of penalties especially in narcotics criminal cases in its legal area both as a user and as a narcotics dealer, but has not been followed by orders to convicts to carry out medical rehabilitation
PERMASALAHAN PENUNTUTAN TERHADAP PELAKU PENYALAH GUNA NARKOTIKA DI WILAYAH HUKUM KEJAKSAAN NEGERI PADANG
Get PDFIn the case handling of narcotics abuse, the public prosecutor at the Padang District Attorney’s Office only proceed articles that had been suspected by the investigator, without proving accurately the status of the narcotics abuser. This research is aiming to understand the handling of narcotics abuse and its issues during the prosecution process at the Padang District Attorney’s Office. This research is using empirical normative research methodology. Based on the research, the public prosecutor at the Padang District Attorney’s Office did not precisely investigate and probe material evidence related to the status of the perpetrators of narcotics abuse. As a result, in indictment letter, the case of narcotics abuses always being overlaid with the harsher indictment articles, namely Article 111, 112, or 114 of Law Number 35 of 2009, which detention be applicable to the perpetrators. Supposing only a single indictment of article 127 is applied, the perpetrator of the narcotics abuse shall not be detained as stipulated in Article 21 paragraph (4) of KUHAP. This condition is clearly detrimental to the narcotics abuser, especially those people in addiction or victims of narcotics abuse, where they should be placed at the Rehabilitation Institute. Due to the absence of public prosecutor's meticulous attempt in probing material evidence related to the status of the perpetrators of narcotics abuse, it may cause false sentence declared by the judge
PELAKSANAAN PENANGANAN PENYIDIKAN TINDAK PIDANA PERSETUBUHAN DAN PENCABULAN TERHADAP ANAK DI POLSEK EMPAT ANGKAT CANDUNG
Get PDFThe purpose of this study was to find out and analyze the implementation of a criminal investigation of sexual intercourse and sexual abuse of children in the Fourth Admission Police Station. The method used in this research is empirical juridical research. The results showed that the research on the crime of intercourse and sexual abuse of children carried out by the investigating authority was in accordance with the provisions of the legislation. Investigation of this case is in accordance with the existing rules of receiving reports, confiscating evidence, arresting, detaining filing and sending files to the Public Prosecutor (P21). Factors inhibiting irregularities in the process of criminal acts of sexual intercourse and sexual abuse of children are: human resources from the investigator, victims are still children, the suspect does not argue, has nothing to do with seeing directly and does not want to come to provide assistance Information and bordering forensic doctors. The way out by investigators in the process of sexual intercourse and sexual abuse of children is to increase existing investigators and those requested by investigating members to the police station, allocate and request assistance to assist these sexual acts of sexual intercourse and coitus with the Social Service Bukittinggi, replace a lot of information and opinions will not come, then called back after it was visited at home to be able to provide information, the suspect did not confess then the investigator made a case at the location, processing evidence and multiply giving reports to provide information and help the doctor Forensics, the investigator is still waiting for the results of the post mortem
PROBLEMATIKA PENDIRIAN BANGUNAN DI ATAS AIR MENURUT UNDANG-UNDANG NOMOR 28 TAHUN 2002 TENTANG BANGUNAN GEDUNG
Get PDFThe establishment of buildings on water is a phenomenon that can cause legal problems due to lack and unclear legal basis that govern the establishment of buildings on the water. This research aims to find out how the legal certainty regarding the establishment of the building on the water and how the form of legal protection is given to the owner of the building established on the water. The study was conducted with a normative juridical approach and was analyzed by a qualitatively descriptive method. Based on the results of the study, article 1 number 1 UU No. 28 year 2002 mention of the building can be established above and/or in water so that this article confirms that the building on the water is allowed. However, LAW No. 28 of 2002 only regulates the licensing and requirements of building on the land, so if it is associated with a building above the water will be a discrepancy that leads to problems related to the building on the water which is the legal certainty of the building established on water is not strong enough. Therefore, it is necessary that the government provide a legal protection to the owner of the building established on the water in order to guarantee the legal certainty. Such protection can be done by adding rules related to the requirements and licensing of the building established on the water tha t can guarantee the legal certainty and become the legal basis for the building established on the water. The establishment of buildings on water is a phenomenon that can cause legal problems due to lack and unclear legal basis that govern the establishment of buildings on the water. This research aims to find out how the legal certainty regarding the establishment of the building on the water and how the form of legal protection is given to the owner of the building established on the water. The study was conducted with a normative juridical approach and was analyzed by a qualitatively descriptive method. Based on the results of the study, article 1 number 1 UU No. 28 year 2002 mention of the building can be established above and/or in water so that this article confirms that the building on the water is allowed. However, LAW No. 28 of 2002 only regulates the licensing and requirements of building on the land, so if it is associated with a building above the water will be a discrepancy that leads to problems related to the building on the water which is the legal certainty of the building established on water is not strong enough. Therefore, it is necessary that the government provide a legal protection to the owner of the building established on the water in order to guarantee the legal certainty. Such protection can be done by adding rules related to the requirements and licensing of the building established on the water tha t can guarantee the legal certainty and become the legal basis for the building established on the water
PARTISIPASI MASYARAKAT DALAM PEMBENTUKAN PERUNDANG-UNDANGAN UNTUK MEWUJUDKAN INDONESIA SEJAHTERA DALAM PANDANGAN TEORI NEGARA KESEJAHTERAAN
Get PDFIn the country of law, the law is one form of legal norms formulation in the life of the state. The existence of laws in a country has a strategic and important position, regardless of the conception of the law, hierarchy of legal norms, as well as from the function of law in general. People's welfare is one of the goals of the state. In the realization of the necessary mechanisms are reflected in the public policy that is made. This study aims to examine and examine the public participation in the formation of legislation to create the welfare state of Indonesia. The research of this scientific work, the type of normative legal research. The understanding of the welfare state can be applied in the formulation of legislation. Welfare is the dream of every society, and laws and regulations function as regulators and means of achievement. To realize the formation of responsive legislation in Indonesia, the formation of legislation in Indonesia must be subject to Article 5 and Article 6 of Law Number 12 Year 2011 on the Establishment of Legislation, And this is related to the formation of Legislation and adheres to the principles of the establishment of good legislation. So the welfare state can be realized
UPAYA HUKUM DALAM PENYELESAIAN SENGKETA PERDAGANGAN EMAS BERJANGKA PADA PT. RIFAN FINANCINDO BERJANGKA PEKANBARU
Get PDFGold futures trading is very vulnerable to disputes. Therefore, understanding the efforts to resolve futures trade disputes is very important to know. This research was conducted empirically, the nature of descriptive analysis research with qualitative data analysis. Futures trading dispute at PT. Rifan Financindo Berjangka Pekanbaru is caused by customer misunderstanding about the process and legal aspects of futures trading. This was made worse by the lack of education conducted by futures brokers and the existence of unlawful acts committed by sales marketing and futures broker representatives. Gold futures trade dispute settlement can only be done by litigation in the South Jakarta District Court or non-litigation through the Commodity Futures Trading Arbitration Board. Constraints encountered in resolving disputes are; disproportionate choice of dispute resolution forums, lack of customer understanding of legal aspects in resolving disputes and violations of Standard Dispute Resolution Operational Procedures
KEPEMILIKAN HAK ATAS TANAH DALAM PERKAWINAN CAMPURAN
Get PDFThe legal consequences of the resident in particular the mixed marriage which the parties get impediment to perform legal acts primarily to have the right to land due to the occurrence of rounding of the property along with foreign nationals where the regulations Legislation on land in Indonesia adhering to the principles of nationalism. The parties in the mixed marriage must make an agreement to marry a treasure at the time or before the marriage is held as it is mentioned in article 29 of the Marriage Act (UUP). The issue arises for mixed marriage parties that do not yet have a mating agreement in which legal protection for Warga-negara Indonesia maintains Kewarga-negaraannya is very noted. In writing this author uses a research method of normative juridical approaches which are sourced from secondary legal substances by understanding the law as a regulatory device or a positive norm in the prevailing legislation. However, after the decision of the MK No. 69 The law of marriage had a change especially concerning the marriage agreement in which the marriage agreement could be made during the wedding, which also applies to third parties during the agreement to be registered/ According to the prevailing laws and regulations
THE PROLIFERATION OF NUCLEAR WEAPONS IN NORTH KOREA: INTERNATIONAL LAW PERSPECTIVE
Get PDFThe proliferation issue of nuclear weapons in North Korea is becoming a more serious problem to the international community. North Korea has been manufacturing and developing nuclear weapons technology, which receives many critics by the international community expressing that North Korea is being non-compliance with the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) 1968. The criticism emerged following the North Korea withdrawal from the NPT 1968. Its withdrawal reasoning seems very hard to be justified after series of non-compliance behavior conducted by North Korea and the legitimacy of its withdrawal is being debated. By using normative legal research, the research aims to determine the status of North Korea upon its withdrawal from the NPT 1968 based on the withdrawal procedure that is required in the Article X of the NPT 1968. The result shows that North Korea is still a member and it is bound by the obligations contained in the Treaty and to make progress on a complete nuclear disarmament regime