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A Juridical Analysis of Death Penalty for Narcotics Abuse
Get PDFNarcotics abuse is currently one of the biggest problems in Indonesia. The dangers posed by Narcotics Abuse have harmed the nation’s young generation, therefore the Government continues to strengthen law enforcement regarding the issue of Narcotics abuse. The usage of narcotics is currently regulated in acts number 35 of 2009. In the acts, the government implements maximum sanction in the form of death penalty to certain categories of narcotics abuse. Until 2016, there were 55 perpetrators of narcotics related crimes who had been sentenced to death by Indonesian courts. This research aims to explore the judges’ considerations as well as the obstacles they face in implementing death penalty to narcotics abusers. This research was conducted in the District Court of Magetan. Data was collected from primary and secondary data sources in the form of library studies and field studies. The sampling method used was purposive sampling to determine a judge of the District Court of Magetan who had sentenced narcotic abusers to death as the respondent. Furthermore, the approach of this research is sociological juridical approach. The collected data were analysed using qualitative descriptive method. This study reveals that the judges based their decision to pass death sentence on the act No 35 of 2009. In addition, the judge also took several juridical factors and sociological facts into considerations. The judge did not find any obstacles in passing death penalty because the case examiners agreed to impose death penalty
The Manifestation of Indonesian Democracy; Between Pancasila State of Law and Islamic Nomocracy
Get PDFThe state of Pancasila law is a tool for people who have the power to regulate human relations in society and regulate the symptoms of power in society. As a country with the largest Muslim population in the world, Indonesia does not make Islam its legal basis. The Islamic Nomocracy and its values are embedded in the state of Pancasila law, as well as manifestation of democracy itself. Through these hyphoteses, the writer tries to find a common flateform between Pancasila and the Islamic Nomocracy in the formation of Indonesian democracy. This classic problem requires special attention, because the debate always triggers reactions and actions. Islam as a religion with complex system of living is believed to be a powerful mechanism in dealing with various life problems encountered. The Shari’ah consists of a combination of pre-Islamic customs and habits with principles and laws originated from the Qur’an and authentic prophetic tradition. Islamic scholars try to form Islamic teachings as ethical and national policies. Even so, the principle of the Pancasila state was accepted as final, at least there were Islamic nomocracy values embedded in the Pancasila while at the same time they contributed to build Indonesia’s democracy as a modern country. The theological values in the Pancasila and islamic nomocracy should not be a mere formal rule, but should address the substance of democracy in Indonesia. The rule of law must be supported by a democratic system because there is a clear correlation between the rule of law which relies on the constitution, and the sovereignty of the people which is carried out through a democratic system. In a democratic system, people’s participation is the essence of this system. However, democracy without legal regulation will lose form and direction, while law without democracy will lose meaning
Pembayaran Ganti Rugi Tanah Jalan Tol Pekanbaru-Kandis Berdasarkan Asas Kepentingan Umum
Get PDFThe land procurement by the state often raises different opinions about the form or amount of the compensation. The compensation could be done several ways like setting executive compensation, sue the legal problem to the court or others. If the mentioned above do not bring positivelty succeed, then the last alternative is done through deposit for damages to the District Court. This research deals with two problems: 1) how is the implementation of compensation of land procurement by state for highway in Pekanbaru-Kandis; 2) How is the mechanism to compensate the retribution which deposited at the district court. This research approached by legal empirical study and viewed with sociology of law. The results are that the compensation of land authorization by state is done in January 2016 which covers 133 areas. In the case of land mastery dispute and its compensation has been deposited in the district court, it could be taken at court secretariat after the court verdict or based on peace agreement along with cover letter from The Chief Executive of Land Procurement/National Land Agency
Konsep Penyelesaian Perambahan Kawasan Taman Wisata Alam (TWA) Holiday Resort di Kabupaten Labuhan Batu Selatan Provonsi Sumatera Utara
Get PDFThe rising population has the potential to increase the need for land, on the other hand faced with the fact that the land is not increased. The most accessible target is forest area. This is what opens up opportunities for forest encroachment. The TWA Holiday Resort Forest area initially includes production forests. Part of the area has been converted into plantation area. To save some of it again, the Minister of Forestry issued Decree No. 695/Kpts-II/1990 which establishes its transition function to TWA (Holiday Resort). The condition of TWA Holiday Resort area is now very worrying. The purpose of this study is to examine, analyze the implementation of forest protection principles in the case of the TWA Holiday Ressort Expansion Area in Labuhan Batu Selatan Regency and to mnyusun Concept of Settlement of TWA Holiday Resort in Labuhan Batu Selatan Regency. The type of research used is empirical juridical consisting of primary data and secondary data. Primary data was conducted with field research at TWA Labuhan Batu Selatan. The result of the research shows that Implementation of forest protection in Labuhan Batu Selatan Regency has not run well because of the lack of firmness of local government apparatus and law enforcement officers in overcoming the encroachment of TWA forest area, so there are still many activities of encroachment done by society even there which established private elementary and junior high schools, village head offices and other buildings. The concept of completing the encroachment of TWA Holiday Resort in the future is to renew the law by improving Law No. 41 of 1999 on forestry, because in article 78 of the Forestry Law the criminal offense starts from letter d, article 78 a, b, and c not mentioned sanctions, In addition to legal reforms, which need to be improved such as law enforcers, the parties that form and apply the law must be good, facilities or facilities that support law enforcement must also be good, the community or the environment in which the law is applied must support, this is so that efforts in tackling the encroachment of TWA area can be more effective
Corporate Liability On Copyright
Get PDFCorporate crime in the field of copyright continues to grow following the economic development of a nation’s society. Therefore, the application of criminal law, starting from prevention efforts through administrative legislation, criminalization, and law enforcement efforts, must always receive serious attention. Copyright is an exclusive right for the creator or recipient of the right to announce and/or reproduce his creation or give permission for it by not reducing restrictions according to the applicable laws and regulations. The granting of criminal sanctions to corporate administrators who commit copyright crimes will not give deterrent effects to the corporation, because the loss of one and/or several employees who undergo criminal sanctions can be easily replaced by anyone and at any time. The method used in this study is Normative Jurisdiction. The results of the study show that corporations in copyright infringement must be prosecuted criminally, because the losses are very large, have multi-dimensional consequences, ranging from losses to the state, the wider community of owners or copyright holders, and create frustration that weakens the spirit of creativity. Kata Kunci: Pertanggungjawaban Korporasi, Hak Cipta.Â
Criminology Study on Pedophilia Prevention in Inonesia
Get PDFChildren are frequently victims of misconduct regarding the current widespread sexual abuse perpetrated by elders who are usually known by them, it is called pedophiles. Criminology reviews, therefore, are very crucial to analyze the crime. Pedophilia is a psychiatric disorder in which an adult experiences a primary or exclusive sexual attraction to pre-pubescent children, the cut-off point for pre-pubertal to age 13. The disorder results in sexual abuse, including Nepiophilia or Infantophilia that is sexual attraction to infants under 3 years old. Pedophiles, then, are adults of deviant sexual behavior abusing children. This study is aimed to examine and analyze criminology reviews for prevention of pedophile crime. It is normative juridical approach (statute approach), the conceptual and the comparative one. The factors of committing pedophilia are internal of the personal perpetrator, and external in which the community vastly influences on committing the crime and to shape how someone becomes a bad person or good one. Thus, to overcome the crime is to carry out pre-emptive, preventive, repressive and rehabilitative methods. In addition, one of child protection policies to anticipate child sexual abuse increase including pedophiles, the Government issued a regulation (Perpu) No. 1 of 2016 on the second amendment of Act No. 23 of 2002 of the children protection. The Government Regulation (Perpu) No. 1 then is legislated as Act 17 of 2016. Based on comparative studies of other countries, there is a voluntarily castration in which the perpetrators must be ready to be emasculated, aimed to reduce or suppress their libido. Yet, Indonesia values emphasizing Pancasila (Five Principles) must be referred: just and civilized humanity (humanism)
The Legal Analysis of Notary/PPAT Who Takes a Leave but Keep Make Legal Deed
Get PDFNotary and Land Registrar (i.e. Pejabat Pembuat Akta Tanah [PPAT]) are general officials authorized to make authentic deeds. If someone is serving as a notary as well as being able to carry out his position, then he must be replaced by someone else temporarily. During the leave period, the land certificate they make is not authentic. The certificate sourced from and made by Notary or PPAT Deed is an authentic one that has perfect verification power. Therefore, every Notary or PPAT in carrying out the position should always be careful and aware of the consequences that can be caused on each deed he makes
Utang dan Pengakhiran Perjanjian Secarap Sepihak (Studi Kasus Perjanjian Konsultan PT. Garuda dan PT. Magnus
Get PDFThis article aims to analyze the existence of the debt in reciprocal agreement between PT. Garuda and PT. Magnus, and about the termination of agreement which set aside article 1266 Civil Law unilaterally whether could cancel debt payment obligation or not. This research is normative research which observes the data that correlated to agreement, debt, act againts the law, and termination of agreement which set aside the article 1266 Civil Law. The approach of this article is statute approach which review the data that have correlation with law of agreement and termination of agreement, and case approach. It is the case of PT. Garuda and PT. Magnus. The data collection was done by library research that observing the data about law of agreement and termination of agreement. The result of research shows that there must be approval from each party in reciprocal agreement. Thus, the debt of PT. Garuda to PT. Magnus is the obligation that must be fulfilled due to PT. Magnus has worked maximally to complete its obligation. In other side, the termination of law which set aside article 1266 Civil Law is act againts the law, therefore the obligation to pay the debt must be done, in the reason of there is indemnification in act againts the law
Fatwa di Indonesia: Perubahan Sosial, Perkembangan dan Keberagamaan
Get PDFDalam tulisan ini saya akan mendiskusikan tentang fatwa di Indonesia, terutama sejarah, perkembangan, keberagaman dan penggunaannya sebagai instrumen perubahan sosial. Sebagai negara dengan penduduk Muslim terbesar di dunia, Indonesia telah memainkan peran penting dalam pengembangan pemberian fatwa. Sebelum institusi fatwa muncul di Indonesia pada abad ke-20, Muslim lokal Indonesia telah meminta fatwa kepada salah seorang grand mufti di Arab Saudi. Akan tetapi selama satu abad terakhir ini, paling tidak telah ada tiga institusi fatwa dan juga dua fatwa individual yang telah muncul dan memberikan fatwa kepada Muslim Indonesia. Kesimpulan saya dalam tulisan ini adalah bahwa fatwa di Indonesia lebih beragam pada sisi konten dan otoritas pemberinya dibandingkan di negara Islam yang lain. Selain itu fatwa di Indonesia tidak hanya menjadi sumber tuntunan keagamaan, tetapi juga menjadi instrumen penting perubahan sosial dalam masyarakat
Hukum Islam dan Hukum Positif: Perbedaan, Hubungan, dan Pandangan Ulama
Get PDFSince 3 May 1924 when Islamic khilafah fell out, there are so many people with their movements who want to declare and dream the resurrection of khilafah state with Islamic law being used propely. Some of them begin with promoting sharia law to be positive law in Islamic country, and this topic has became interesting theme to be discussed ever since. Ever since, the debate among Muslims whether it is must or not to promote sharia law becomes positive law began.  One think that the side who wan’t to aplly sharia law as positive law is kafir and fasiq (this is according to al-Maidah 44, 45 and 47). The others state that it’s not has to be like that with their reasonable arguments. In our opinion, since this is still in domain of ijtihadi, the differences among them is natural to be happened