DEDIKASI JURNAL MAHASISWA
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PENGGUNAAN BARANG BUKTI ELEKTRONIK YANG DIJADIKAN ALAT BUKTI DALAM PERKARA PIDANA
Full text linkABSTRACT This study discusses electronic evidence in criminal evidence in positive Indonesian law. In Criminal Procedure Article 184 paragraph (1) it is stated that there are 5 valid pieces of evidence, namely Witness Information, Expert Statement, Letters, Instructions, and Defendant Information. It is on this basis that judges can issue case decisions, but as the times and technology become more sophisticated, electronic evidence becomes the judge's consideration in issuing decisions. The purpose of this study is to analyze the position and strength of electronic evidence in Indonesian Positive Law and identify the characteristics and analysis used so that the evidence as electronic evidence can be used in court proceedings. The method used in this study is a normative juridical approach. The results of this study indicate that electronic evidence is valid evidence that can be used in trials. This is because the evidence in article 184 paragraph (1) of the Criminal Procedure Code has expanded its meaning. However, electronic evidence is still not strong and can not stand alone required experts to analyze the authenticity of the electronic evidence. Keywords: Proof, Criminal Law, Electronic Evidenc
PENEGAKAN HUKUM TERHADAP PENAMBANGAN BATUBARA ILEGAL DITINJAU DARI PERSPEKTIF HUKUM
Full text linkABSTRACT Nowadays mining activities have been highly developed. The results obtained are also very useful for income for the community, especially for the miners. However, the problem that must be considered by the government is the problem of illegal mining. Illegal mining is carried out without permission, operational procedures, and regulations from the government. This makes a loss to the country. These Unlicensed Mining Issues are factors that cause uncontrolled environmental damage and other problems. Mining activities without permits/ illegal mining cannot be separated from several factors that underlie the approval.This type of research used by the author is normative or doctrinal legal research whose explanation is normative legal research the other name is doctrinal legal research which is also referred to as library research or document study. The approach used in this paper is the statute approach and statute approach. Conceptual Approach.Inhibiting Factors in Legal Application of Illegal Coal Mining Seen From a Mental Perspective, which is faced with problems regarding the socio-economic conditions of the mining community, the rampant practice, illegal mining is also caused by the lack of public knowledge of mining laws and regulations, as well as the inherent culture of customary law. Keywords : Illegal Mining, Law Enforcement, Legal Perspectiv
TANGGUNG JAWAB HUKUM PIMPINAN REDAKSI LEMBAGA PENYIARAN TERHADAP PEMBERITAAN YANG MELANGGAR KODE ETIK JURNALISTIK
Full text linkABSTRACT The mass media functions as a vehicle for mass communication, disseminating information, and forming opinions in society. The press is a social institution and vehicle for mass communication that carries out journalistic activities including searching, obtaining, possessing, storing, processing, and conveying information in the form of text, sound, pictures, sounds, and images, as well as data and graphics as well as other forms using media print, electronic media, and all types of channels available (Article 1 General Provisions of the Press Law)This type of research used in this study is a type of normative legal research, which is a legal research method that uses a statutory approachThe results showed that the press responsibility after the enactment of Law Number 40 of 1999 concerning the press, was explicitly regulated in the explanation of Article 12 and Article 18 paragraph (2), the sound of the article namely: Article 12 Press companies are required to announce the name, address, and person in charge openly through the media concerned; specifically for press releases plus names and printing addresses.Based on the explanation of Article 12 of Law Number 40 of 1999 concerning the Press, it is stated that the person in charge is the person in charge of the press company which includes the business field and the editorial field, as long as it involves criminal liability to adhere to the applicable laws and regulations. Article 18 paragraph (2) Press companies that violate the provisions of Article 5 paragraph (1) and paragraph (2), as well as Article 13 are convicted, with a maximum fine of Rp 500,000,000.00 (five hundred million rupiahs) Keywords: Publications, children, criminal offender
PELAKSANAAN SITA EKSEKUSI TERHADAP OBYEK SITA EKSEKUSI (LAHAN) YANG BERADA DI WILAYAH PENGADILAN NEGERI SAMARINDA
Full text linkABSTRACT A dispute occurs when a person controls or diminishes the rights of another person relating to maintaining the rights in question. In that case sometimes the parties in resolving it by means of the family (peace) but not infrequently from the concerned party to include the case to the District Court to be resolved.Execution is an act that is carried out by force against the losing party in the case. Usually, the action of confiscation of execution is only carried out after the defendant is declared defeated in the court process, and then the defendant's position turns into the executed party.That the execution in the Civil Procedure Law is the implementation of the verdict on the order and or led by the chairman of the District Court before the execution is given a warning (amazing). If heedless, then the execution is carried out.Execution as a legal action carried out by the court to the losing party in a case is a follow-up rule and procedure of the case examiner process. Therefore execution is nothing but an ongoing act of the entire civil legal process.Not all decisions of the Court that already have the force of law still require the forced execution by state tools, but only the decision of the Court of Condemnatoir which is a ruling that is punishing the defeated party to fulfill the achievement, and the defeated party does not want to carry it out voluntarily. Therefore, the execution will be done by force.Keywords: Sita Execution, land, verdic
TINJAUAN TERHADAP TINDAK PIDANA PERAMPASAN BERDASARKAN PASAL 368 KUHP DI WILAYAH HUKUM KEPOLISIAN RESOR KOTA SAMARINDA
Full text linkABSTRACTCrime of seizure is one of the most troubling social problems both with violence and with threats, so it needs to be prevented and known that the legal process applied in the crime of violence with the threat of violence and can cause a flaring effect and the number of cases of Deprivation can be reduced in society.The problems examined in this study are related to how the application of the material criminal law against criminal acts of deprivation according to article 368 of the Criminal Code, as well as the element of the material crime against article 368 of the Criminal Code can be fulfilled by the perpetrators. The purpose of this study is to know in-depth the reasons for the need for the application of material criminal law against criminal offenses according to article 368 of the Criminal Code and to find out whether the material criminal elements contained in Article 368 of the Criminal Code can be fulfilled by the perpetrators.Based on the results of the study, it was concluded that the application of criminal law against offenses deprivation and threats of violence against others, namely regulating theft, accompanied by violence/threats of violence carried out jointly, can be applied with article 368. That criminal acts as stipulated in Article 368 paragraph The Criminal Code concerning Deprivation with Threats must be proven by the actual surrender of part of the property or all of the property of another person to the contrary to his own will, due to violence or threats of violence. So that if these things can be met, the element of material crime in Article 368 of the Criminal Code can be fulfilled. Keywords: threatening, extortion. Robbery
TINJAUAN YURIDIS TENTANG OMNIBUS LAW KETENAGAKERJAAN DALAM SITUASI PANDEMI COVID-19
Full text linkABSTRACTCovid-19 has had a lot of impact on society, one of which is the reduction in occasional work drops during the Covid-19 period. The Manpower Omnibus Law which many Indonesians reject because of several articles that were not approved by the community, especially workers, were issued during the Covid-19 pandemic which was allegedly benefiting employers. The problem that arises in this matter is to discuss the problems that arise as a result of this Omnibus Law and its application in Indonesia in the situation of the Covid-19 pandemic. The type of research used in this research is a type of normative legal research with a statute approach.The results of the study explain that the existence of the omnibus law on employment is detrimental to employees in terms of wages, working hours and holidays (leave), status of contract workers, severance pay and the situation during the Covid-19 pandemic is not the right time to implement omnibus. Law and Omnibus Law is a legal concept that focuses on simplifying the number of regulations because of its revising and repeal of many laws as well as regulatory issues are complete problems, not only from too many of them, but also the problem of content that does not match the content material. . The Omnibus Law on Cipta Kerja does not take care of some of the principles in the Regulatory Order. Then, the application of the Manpower Omnibus Law should not only be to support from an economic point of view. Keywords: Employment, Omnibus Law, Covid-19
PERLINDUNGAN HUKUM TERHADAP BURUH BORONGAN YANG BEKERJA TIDAK BERDASARKAN PERJANJIAN TERTULIS
Full text linkAbstractLegal protection of wholesale workers means discussing the rights of workers after fulfilling their obligations, while employers have always regarded workers as weak, while workers are less aware of their rights and responsibilities. The issues in this study are simple forms of employment that are not based on written agreements and how legal protections against working wholesale workers are not based on written agreements. Wholesale labor is work that counts results. Legal protection for workers has a legal basis that is protected by Law No. 13 of 2003 on Employment. The method used in this study uses the normative juridical research method. According to the research results, the protection of workers / workers who are not working under a written agreement has a legal basis that is protected by Law No. 13 of 2003 on Employment. 3 (three) types of protection covers economic protection, technical protection and social protection. Forms of employment that are not under written agreement are permanent and occupations that have a maximum period of 3 (three) months. Workers are given protection in the form of health and safety, morals and morals, treatment of human dignity and dignity and religious values
PERAN LEMBAGA PELESTARIAN SATWA BORNEO ORANGUTAN SURVIVAL SAMBOJA LESTARI TERKAIT PERLINDUNGAN HUKUM TERHADAP SATWA YANG DILINDUNGI DARI PERDAGANGAN LIAR DI KALIMANTAN TIMUR
Full text linkABSTRACTIndonesia is a very rich country with a diversity of animals, but Indonesia is also known as a country that has a long list of endangered wildlife. The main factor that threatens the extinction of these wildlife is the narrower or damaged habitat and hunting for trade. Various species of protected and endangered animals are still traded freely in Indonesia. The regulation on trade of protected animals in Indonesia has been formulated in Law No. 5 of 1990 on the Conservation of Biological Resources and Ecosystems. The existence of a restricting regulation on the trade in protected animals becomes the basis for law enforcement on the execution of its duty in handling the case of illegal trade. However, law enforcers can not work alone, because afterwards law enforcers need help from the Conservation Institute to care for the confiscated animals of the Government in the case of illegal trade. In East Kalimantan, one of the Conservation Institutions which is the Government's goal as an institution in charge of rehabilitating animals from wild trade operations is the Borneo Orangutan Survival Foundation Samboja Lestari.From the results of the study can be described that the protection of wildlife from illegal trade based on Law No. 5 of 1990 on the Conservation of Biological Resources and Ecosystems has been declared that the trade in protected animals is a criminal act. In an effort to protect the law against wildlife from the Natural Resource Conservation Center East Kalimantan has implemented the Act in performing its duties as a law enforcer in the trade of protected animals. Furthermore, East Kalimantan Natural Resource Conservation Center in cooperation with Borneo Orangutan Survival Samboja Lestari to rehabilitate animals from the illegal trade operations. Wildlife protection from wildlife in Borneo Orangutan Survival Samboja Lestari is done through three main functions through animal rescue, animal rehabilitation and conservation education as well as through the fulfillment of animal rights
PERTANGGUNGJAWABAN PIDANA PERAWAT DALAM TURUT SERTA MELAKUKAN TINDAK PIDANA ABORSI BERSAMA BIDAN
Full text linkABSTRACT Recently, abortion has become a very controversial problem where there are parties who agree and disagree with abortion. Abortion (termination) is an intentional pregnancy (abortus provocative). The purpose of this study is to discuss from a normative juridical perspective about how to act law and law that gives punishment to nurses who have abortions and the legal construction of the Criminal Code and Law No. 36 of 2009 concerning health which is related to abortion. Abortion is one of the serious problems, from the number of abortions that have increased from year to year in Indonesia. Abortions that often occur in Indonesia tend to be experienced by teenagers. Pre-age pregnancies that are right for uremaja can occur due to minus attention from parents in the family, and because of promiscuity. Abortion of a child or fetus results in the death of the child or fetus. Abortion (abortion) which is qualified as an act of crime or a crime can only be seen in the Criminal Code even though Law Number 36 of 2009 concerning Health also include punishment for acts of abortion. Exactly, every action which is also violent to children even violence causes the child to die is subject to get punishment.Keywords: Responsibility of Nurses, Abortion Crime
TINDAKAN KEKERASAN OLEH MASSA TERHADAP ORANG YANG TERTANGKAP TANGAN SAAT MELAKUKAN TINDAK PIDANA
No full textAbstractCriminal Acts of Eigenrichting is the term for actions to punish a party without going through a process that is in accordance with the law, this occurs because of the factors that cause lack of legal attention in the community. Law enforcement of the main legal actions of Eigenrichting must be approved, straightforward, and in accordance with the fairness of the value of truth and not in accordance with interests. This is very important in realizing order, legal certainty and peace in society. Based on this background, the discussion in this study is what factors lead to the judge's own actions against expenditures when committing a crime and how to account for lawyers who commit acts of the judge themselves. The method used in this study uses normative research methods. The data used are primary data obtained by interview and secondary data obtained through literature study. While processing data obtained by organizing, editing, classifying and collecting data, and gathering conclusions. The results of the data processing are interpreted descriptively qualitatively by describing quality data in the form of sentences that are resolved, logical and effective so as to facilitate the interpretation and understanding of the results of the analysis in order to answer existing problems. The provisions of Article 170 of the Criminal Code in providing penalties for applications that have been applied to existing problems and applicable law.Keywords: Hand Arrest, Crim