Jurnal Hukum
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Menakar Keterlibatan Dokter dalam Pelaksanaan Tindakan Kebiri Kimia bagi Pelaku Kekerasan seksual terhadap Anak
Get PDFThe involvement of forensic doctors in the criminal justice process places doctors as one of the professions who have an important role and assistance in every stage of investigation, investigation, prosecution and evidence in court. The purpose of this study was to understand the scope of the role and assistance of doctors in the criminal justice process, as well as to examine the regulations on child protection in regulating the involvement of doctors in chemical castration. The research method used is normative juridical. Professional organizations reject the involvement of doctors in the implementation of chemical castration because it is against the code of ethics and medical oath. The regulation of the role and assistance of forensic doctors in principle places forensic doctors as experts in the field of judicial medicine whose opinions and expertise can be requested to prove the occurrence of criminal acts involving crimes against body and life
KENDALA PENYIDIK PPNS DALAM MELAKSANAKAN PENYIDIKAN TINDAK PIDANA KEIMIGRASIAN
Get PDFThe process of investigation against perpetrators of violations of immigration laws is done based on the provisions in The Code Of Criminal Procedure as a lex generalis and Immigration laws as the lex specialists. The method used is the approach of the juridical sociological approach. Juridical is examines the concept of juridical normative showteam or legislation, and empirical which is reviewed on the fact that there are against the implementation of the investigation. The technique of collection data through interviews and research taken from good libraries with books, legislation, papers, previous research results, or from documents. Analysis Data using qualitative analysis, that outlines the data in the form of regular expressions, logical, and effective. The results showed that by 2013 the investigating Immigration Office civil servant class I Semarang have conducted investigation on foreign nationals In 2014 has been carrying out investigation on 10 (ten) cases of illicit immigration and deportation against the 10 (ten) foreign nationals. In the period 2015 as 6 (six) foreigners on deportation after committing immigration offences is proven. While in 2016, in the period January to September with the Immigration Office class I Semarang deport four (4) foreign nationals to their country
PERLINDUNGAN HUKUM PIDANA LINGKUNGAN TERHADAP KEGIATAN PERUSAHAAN PERTAMBANGAN DALAM PRNANGGULANGAN DAMPAK LINGKUNGAN
No full textThe purpose of this study is to determine the extent of environmental criminal law policies on mining management activities, to determine how environmental management is implemented in mining activities, and to determine the inhibiting factors for environmental criminal law policies. This research method uses an empirical juridical approach. The findings in this study are mining crime focuses on licensing and does not differentiate between criminal offenses and offenses. Between individual legal subjects and business entities (corporations), the criminal sanctions are regulated in the same Article. only for corporations or legal entities, the fine is up to 1/3 (one-third) of the maximum penalty imposed. The cumulative punishment is the imposition of two sentences at once, in the form of imprisonment and fines. Meanwhile, the alternative is that the judge chooses one sentence of imprisonment or imprisonment. The formulation of the criminal threat is categorized as quite high and heavy, but the application for the criminal offender, none of the perpetrators can be arrested and processed by the court
PELAKSANAAN TUGAS DAN FUNGSI PEMERINTAH DALAM USAHA KESEJAHTERAAN SOSIAL ANAK
Get PDFThe research objective was to determine the process of social welfare services carried out by the Woro Wiloso Salatiga Social Rehabilitation Center in realizing children's social welfare, and to find out the efforts taken by the Woro Wiloso Social Rehabilitation Center in overcoming obstacles in social services This research methodology uses the approach of juridical sociology with descriptive of research type. The method of collecting data uses observation and interview. The method of analyze data uses qualitative description. The writer applied the theory of good governance and public service to observe whether or not the undertaking of social service in the social service office “Woro Wiloso†Salatiga has fulfilled the aspect and function of good governance and public service as the efforts in improving the children welfare to reach the success of the development of social welfare in Central Java
STUDI PERBANDINGAN ALASAN PENGHAPUS PIDANA MENURUT KITAB UNDANG-UNDANG HUKUM PIDANA (KUHP) DAN HUKUM PIDANA ISLAM DALAM RANGKA PEMBAHARUAN HUKUM PIDANA NASIONAL
Get PDFCriminal law is suffering that is deliberately inflicted upon a person who commits an act that meets certain conditions. The purpose of this research is to know the similarities and differences in criminal law enforcement between Dutch inheritance law and Islamic law and to know its contribution to the State of Indonesia.Theaim of this research is to find out the similarities and differences as well as knowing its contribution to the Criminal Code.The method of approach in this research is normative jurisdiction that is research conducted by focusing on the applicable regulations as well as literature or books relating to legal relations, especially regarding the reasons for criminal abolition according to the Criminal Law Act and Islamic criminal law. Based on the results of the study, it can be concluded that the similarities and differences in the reasons for criminal eradication according to the Criminal Codeand Islamic criminal law, the similarity of reasons for the eradication of the two laws are among others: self-defense, forced power, carrying out orders / carrying out duties , unable to take responsibility. Whereas the difference is that Defendants are forced to exceed the limits, carry out the provisions of the law, get drunk, the defendant's death, past time. As well as the contribution of the reasons for the Criminal Eradication in Islamic Criminal Law in the Contribution of the Criminal Codethat will come. The contribution of Islamic law that the author wants to convey in contributing to the renewal that is to come, should be when there is an apology to the victim then abolish the criminal and stop the criminal process
UPAYA KEJAKSAAN DALAM PENGEMBALIAN ASET NEGARA SEBAGAI HASIL DARI TINDAK PIDANA KORUPSI
Get PDFThe prosecutor's office carries out the task of prosecuting and returning something that has become a state asset that has been seized by corruptors. This study aims to determine the process of investigating corruption cases at the Pemalang District Attorney and to find out the prosecutors' efforts to recover state assets as a result of corruption. The method used is a sociological juridical approach, because the problems studied are closely related to social reality and real human behavior. This research tries to explore in-depth and in real terms a phenomenon of the application of criminal law from a social context. The results of this study are 1) The process of investigating corruption at the Pemalang District Attorney General is regulated in the Regulation of the Attorney General of the Republic of Indonesia Number 039 / A / JA / 2010, dated 29 October 2010 concerning Technical Administrative Governance for Special Crime Case Handling, namely in Chapter VI concerning Investigation. The process of investigating criminal acts of corruption is carried out in stages: a) Issuance of Investigation Warrants, Notification of Commencement of Investigation and Notification of Investigation, b) Plans of Investigation, c) Summons of Witnesses, Experts, and Suspects, d) Application for examination permission to officials authorized, e) Examination of Witnesses, Experts, and Suspects, f) Actions of search and / or confiscation, g) Detention of suspects and h) Other actions of the investigation team according to responsible law and 2) The efforts of the District Attorney to recover state assets / state finances from The results of the criminal act of corruption are carried out in stage a) Investigation, namely the existence of an act of confiscation of the assets of the perpetrator of the crime of corruption, b) Prosecution, namely in the prosecution against the perpetrator of a criminal act of corruption in which the Public Prosecutor must state / sue a criminal fine and money. compensation for assets acquired by perpetrators of criminal corruption, mention, and c) the stage of execution in which the Attorney General's Office immediately executes the assets belonging to the perpetrator of the criminal act of corruption after the Court Decision has permanent legal force
IMPLEMENTASI DIVERSI GUNA MEWUJUDKAN RESTORATIVE JUSTICE DALAM SISTEM PERADILAN PIDANA ANAK.
Get PDFThe research objective is to identify and analyze the implementation of Diversion in order to realize Restorative Justice in the Juvenile Criminal Justice System in an effort to provide legal protection for child criminal offenders. The approach method used in this research is normative juridical or library law research or doctrinal law research, namely legal research by examining library materials and secondary materials, the results of the study found that the obligation to seek diversion with the Restorative Justice approach at every stage in the criminal justice process Children must be carried out in the Criminal Justice System, Diversion as a step towards transferring the settlement of children's cases from the criminal justice process to non-criminal justice processes by prioritizing the Restorative Justice approach which can be carried out by way of deliberation or mediation which emphasizes efforts to restore back to its original state in a friendly manner
PERLINDUNGAN HUKUM KONSUMEN DALAM TRANSAKSI SECARA ONLINE
Get PDFhe purpose of this study are to know the process of online sale and purchase transactions and to find out the problem in online sale transaction and settelment efforts.The approach method used in this research is the normative juridical approach, meaning that legal research is done by examining library materials or secondary data. Data analysis method used is qualitative analysis. From the results of this study it can be concluded 1) the process of buying and selling transactions online (Site Lazada.co.id) include: entry to the site / web shop online, choose the type of goods desired, click the purchase order, make payment transactions, the merchant to send goods 2) problems in online buying and selling transactions and the settlement efforts such as the weakness of the consumer position against the business actors, the validity of the agreement pursuant to Article 1320 Civil Code and no guarantor institution on line. Efforts through the granting of trust by business actors in the website, the consumer can know the business actor is a provider of electronic transactions that can be trusted. The government should increase awareness of consumers to want to report losses due to online transaction
PEMIDANAAN CYBERCRIME DALAM PERSPEKTIF HUKUM PIDANA POSITIF
Get PDFCybercrime is a crime that uses computers as a tool and crimes that target computers. With the enactment of Law Number 11 of 2008, which includes and regulates everything about cybercrime, it has made it easier for efforts to combat cybercrime in Indonesia. In this Law, imprisonment is still dominant in imposing crimes against cybercriminals. Due to the characteristics of cybercrime perpetrators that are unique and different from the characteristics of conventional criminals, including perpetrators who are relatively young, educated, respectable people, skilled in operating computers and their application programs like technological, creative, and resilient challenges, it is necessary to deal with them separately. which is different from other criminal offenders. This is based on the concept of individualization of punishment, that the crime must be in accordance with the convict's condition by observing the principle of mono dualistic balance. Supervision punishment, or social work punishment, and criminal fines, compensation, and certain actions can be used as an alternative to short-term imprisonment against cybercrime offenders