KEADILAN PROGRESIF
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PENGATURAN INTERAKSI PROSES PENYIDIKAN DAN PENUNTUTAN DALAM SISTEM PERADILAN PIDANA DI INDONESIA
The enactment of Criminal Procedure Code as part of Criminal Law Policy with Law Number 8 Year 1981, in order to fulfill the provision that ensures law enforcement in accordance with their respective functions and authorities began to show limitations in achieving the objectives of the criminal justice process in Indonesia. Problems arise, among others, starting from the interaction of investigation and prosecution in Pre Prosecution. The problem of this research is the criminal law policy that regulates the interaction of investigation and prosecution process in the criminal justice system based on Law No. 8 of 1981 on Criminal Procedure Law. The research method used is the normative juridical approach of data consisting of secondary data and primary data. Data analysis is descriptive analysis. The results of the study showed that the disagreements in the investigation and prosecution process resulted in the back of the file. The formulation of Article relating to the process of interaction of investigation and prosecution in the Draft Law on Criminal Procedure is still formulated in a limitative manner, and has not had sufficient article explanation and has not been in line with international standard of good judicial process. The advice given is the need to be re-set clearly and firmly about the interaction of investigation and prosecution with the formulation of articles that are not multi-interpretation. Suggestions for notification of commencement of the investigation shall be obligations carried out no later than two days after the commencement of the investigation, and coordination and consultation shall commence from the commencement of the investigation
ANALISIS PROSEDUR SYARAT PENCALONAN GUBERNUR DAN WAKIL GUBERNUR LAMPUNG TAHUN 2018 (Studi di Komisi Pemilihan Umum Provinsi Lampung)
Pemilukada as the local elections mechanism directly by the people in the region, the Lampung Provincial Election Commission as the organizer of Pemilukada contribute to the success of substantial and quality democracy related to the procedure of candidacy for governor and deputy governor in Lampung Province 2018. The research problem is: conditions governor candidacy and vice governor of Lampung Year 2018.Juridical normative and empirical research methods, using primary and secondary data, and data analysis with qualitative analysis. The results of the Procedures of Governor and Vice Governor Candidate Requirements Candidates include Candidate Pairs Registration, Campaign Period, Report and Audit of Campaign Funds and Collection and Counting as stipulated in Law Number 10 Year 2016 and Regulation of KPU Number 3 Year 2017 on the Candidate Candidate of Governor and Vice Governor Election , Bupati and Deputy Regent, and / or Mayor and Deputy Mayor. Suggestions that can be given by the writer, among others, The selection of local head directly by the voting community is expected to run according to the stages determined and implemented by Provincial KPU and Regency
Analisis Perlindungan Hukum Pemegang Hak Desain Industri Terdaftar di Indonesia
Law Number 31 of 2000 concerning the Right of Industrial Design gives the Right to the Designer both individually and together with several other people who produce creations about form, configuration, or composition of lines or colors, or lines and colors, or a combination thereof in the form three dimensions or two dimensions that give an aesthetic impression and can be realized in three-dimensional or two-dimensional patterns and can be used to produce a product, item, industrial commodity, or handicraft. Furthermore, the results of the creation are called Industrial Designs. The Act has also regulated and provided an understanding of the subject of industrial design, objects of industrial design rights, legal principles of industrial design rights, acquisition of industrial design rights and also regulates legal protection of industrial design rights holders through criminal sanctions against those who violate them. There are violations of industrial design rights in Indonesia, thus making the laws governing them increasingly play a role supported by complex solutions and providing maximum efforts to protect the problems of industrial design rights. This study discusses the regulatory system of industrial design rights, the form of violations and legal protection efforts for industrial design rights holders who have registered according to Law No. 31 of 2000 concerning Industrial Design
ANALISIS PELAKSANAAN KONSINYASI GANTI RUGI PADA PENGADAAN TANAH
The process of land acquisition will never be separated from the problem of compensation, therefore it is necessary to conduct prior research on all information and data submitted in the assessment (Apprisal) of compensation. If an agreement has been reached on the form and size of the compensation, a compensation payment will be made and then proceed with the disposal or transfer of the rights to the land concerned. The problem that will be discussed in this issue is how the implementation of consignment change in the District Court. The research method used is normative juridical using secondary data obtained from literature study and data analysis with qualitative juridical analysis. Research Results are. Implementation has acted in accordance with the procedures established in Law No. 2 of 2012 on Land Procurement for Development for the Public Interest. Suggestions that the Government in this case should increase socialization to the community, especially about consignment properly so that obstacles suchas people who refuse to compensate will realize that the interests of the state and the nation is more important than personal interests
Analisis Yuridis Pasal 330 Ayat (3) Kuhperdata dalam Proses Perwalian Anak Kandung di Bawah Umur yang Melakukan Perbuatan Hukum
An underage child who has never done a marriage requires a guardian to take care of theirself and their property and the guardianship is automatically in the hands of their parents. The research method uses a normative and empirical juridical approach. The results of the study indicate that the submission of an application as guardian of a biological child who is still underage in carrying out a legal act, in this case the sale of a plot of land and building, the applicant should not have to submit a request to be the guardian of a minor The process of guardianship of underage children who carry out legal acts in this case the sale of land and buildings, guardianship carried out by their parents is when they are young, they are not yet smart and understand things related to property expenditure
KEDUDUKAN DAN KEKUATAN HUKUM WARISAN TUNGGU TUBANG MENURUT ADAT SEMENDE
Customary law as a regional culture is a nation's wealth that needs to be given special attention, especially when talking about preservation and introducing it to children. Introducing culture to young people, especially children, is done in various ways. The research issues to be discussed in this paper are Legal Status and Legal Strength of Wait Tubang According to Semende custom. The method of juridical normaatif and empirical research, using secondary and primary data, obtained from the study kepustakaaan and field studies, and data analysis with qualitative analysis. Based on the results of research and discussion it is known that Tunggu tubang is only valid in semende, until now the law of inherit waiting tubang still run according to custom semende, if power and position of law of customary inheritance of semende according to society semende or according to national inheritance law, recognized juridically in regulation Legislation in accordance with article 18B paragraph 2 (2) which reads: "The State recognizes and respects the unity of indigenous and tribal peoples along with their traditional rights as long as they are alive and in accordance with the development of society and the principle of the Indonesian Repulbican Unitary State as governed by the Act ". And sociologically still apply and applied by the public semende. Suggestions that can be conveyed author is expected, Culture waiting tubang as the way of community inheritance semende must be maintained, because with the waiting tubang can support other family members up to independently.
PERLINDUNGAN HUKUM BAGI ANAK NAKAL BERDASARKAN UNDANG-UNDANG SISTEM PERADILAN PIDANA ANAK
Increasing child delinquency, the need for legal protection for minors who commit illicit acts that need special handling. then the subject matter in this paper about the implementation of legal protection for children who are caught criminal acts based on the law of the criminal justice system of children. Problem approach using normative juridical approach (legal research). In practice the law on the criminal justice system of children prioritizes the restorative justice process using diversion. Law enforcers understand the special treatment of bad boys who commit illicit acts. Brats should be given understanding and education in order not to repeat negative actions again
PENERAPAN SANKSI HUKUM BAGI PENGGUNA NARKOTIKA BERDASARKANUNDANG-UNDANG NARKOTIKA
Narcotics abuse is a dangerous thing that the handling of narcotics users is regulated in Law No. 35 of 2009 on narcotics, then the subject matter in this writing about the application of criminal sanctions for narcotics users in accordance with narcotics laws. Problem approach using normative juridical approach (legal research). If Narcotics Misuse can be proven or proven to be a victim of Narcotics abuse, such Abuse is obliged to undergo medical rehabilitation and social rehabilitation. Prevention and prevention of narcotic abuse is done maximally Narcotics Misuse must undergo medical rehabilitation and social rehabilitation
Pertimbangan Hakim untuk Dilakukan Rehabilitasi Terhadap Pelaku Tindak Pidana Penyalahgunaan Narkotika Golongan I (Studi Putusan No. 290/Pid.Sus/2016/PN.Gns)
Narcotics abuse is unlawful and unlawful use done not for the purpose of treatment, but because it wants to enjoy its influence, in excess, irregular, and lasts long enough to cause physical, mental and social health problems. The problem in this research is how the judge's consideration in breaking the rehabilitation of the perpetrators of the criminal act of drug abuse class I against Decision No. 290 / Pid.Sus / 2016 / PN.Gns. Normative juridical approach and empirical, data analysis used is qualitative. Based on the research results it is known that the judge's consideration stated that the defendant can be classified as a narcotics addict because the defendant's actions have been done since 2000 up to now and connected with the purpose of use to obtain pleasure, euphoria or add energy which is done continuously and produce securities Then the defendant can be in a state of narcotic dependence. As the recommendation is expected if law enforcement officers from the Police, Attorney and Court take the decision of rehabilitation can guarantee the defendant will not repeat the action again for that there must be coordination with the hospital where the Narcotics Abuse Group I is done rehabilitation
Pelaksanaan Kearifan Lokal di Kawasan Wisata Pulau Pahawang, Kabupaten Pesawaran, Propinsi Lampung
Pahawang Island is one area that has great tourism potential in Pesawaran District, Lampung Province which offers the beauty of a bay with a variety of marine biota and mangrove forests. The abundance of this potential is not supported by an adequate regulation of the development of tourist areas based on local wisdom that regulates local wisdom that exist in the community in relation to the conservation of natural resources in the framework of the development of tourist areas. The problem in this research is how the implementation of local wisdom in the community Tourism Area Pahawang Island, Pesawaran District, Lampung Province? Problem approach is done by normative and empirical juridical method by using primary data and secondary data and also qualitative data analysis. Based on the results of research can be concluded that the local wisdom that occurred on the island of Pahawang be one example of success in saving mangrove forest in Lampung. Pahawang Island Village has Village Regulation (Perdes) Mangrove Rescue which contains about the prohibition and sanction for villagers and migrants who cut down mangrove trees. The Perdes was made citizens not solely because of the success of the NGO's environmental campaign, but because of local wisdom that reappeared