JURNAL MERCATORIA
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Criminological Study of Traffic Violations on Numbing Island
Full text linkTraffic violations are no longer commonplace among society. This often happens in the community, sometimes even causing economic and physical losses due to traffic accidents. Positive law in Indonesia has explicitly regulated traffic safety rules which are regulated in Law Number 22 of 2009 concerning Road Traffic and Transportation. To study this, researchers took the research location Numbing Island, which is one of the islands in the Riau Islands Province. And from a criminological perspective, researchers want to examine in more depth what is the basis for the perpetrator to commit this offense. The research method used is empirical juridical research. As support in building the arguments for this research, researchers used primary and secondary reference materials. Data collection techniques used by researchers include observation methods, interviews and literature review. The research data analysis technique was carried out using a qualitative method, then in developing a line of thinking, the researcher used a deductive method. The results of this research show that the level of traffic violations on Numbing Island is sociologically caused by a lack of public awareness on the grounds that the application of traffic laws in the island area is not necessary, in terms of law enforcement factors, supervision by Bhabinkamtibmas is still not strictly implemented so that there is a form of negligence on the part of the authorities. law enforcers to enforce traffic regulations
The Position of Substitute Heirs as Perpetrators of The Murder of Direct Heirs Based on Civil Inheritance Law
Full text linkThis article aims to examine the position of a substitute heir who has killed a direct heir, based on Civil Inheritance Law, and analyze specific conditions under which the substitute heir, the perpetrator of the killing, could still inherit. To analyze this issue, a normative juridical research method is employed. For ease of research, the author presents a case illustration that is not based on real events. The data is collected through literature studies and analyzed qualitatively. The necessary data sources include the Civil Code (KUHPerdata), the Compilation of Islamic Law (KHI), and relevant scholarly journals. This study concludes that the position of A1 as a substitute heir is obstructed from inheriting because they have killed A, based on the provisions of Article 838 of the Civil Code. However, there are specific conditions that could allow A1 to still receive their inheritance rights, considering that the inheritance still belongs to P, not A. One possible approach is for A1 to file a lawsuit in the District Court, requesting the judge to render a fair decision by taking into account factors of justice and the emotional relationship between A1 and P
Police Policy in Combating Narcotics Crime (Study at Medan Police Headquarters)
Full text linkThis study aims to analyze the policies of the Indonesian National Police (Polri) in combating narcotics crimes (study at Polrestabes Medan). Medan City is one of the areas most affected by narcotics trafficking, both from local syndicates and international networks. Polri policies include law enforcement, prevention through education and socialization, and rehabilitation for narcotics users. Based on this, the focus of the problems in this study are First, how is the Polri policy in combating narcotics crimes (Study at Polrestabes Medan) Second, What are the obstacles faced by Polri in combating narcotics crimes (Study at Polrestabes Medan). This study uses normative-empirical juridical research with descriptive data analysis. The results of the study show that although Polri has carried out various significant law enforcement operations and prevention programs, challenges such as the involvement of certain officers, high demand for narcotics among the community, limited rehabilitation facilities, and the complexity of international narcotics networks are still major obstacles. Therefore, efforts are needed to improve internal supervision, increase international cooperation, and increase the capacity of community-based rehabilitation and prevention programs
A Decisional Study of Criminal Liability of Road-Based Mass Transportation Drivers in Special Bus Lanes
Full text linkThis research aims to make a decision study of criminal liability of road-based mass transport drivers in special bus lanes. The research method used is normative juridical. This result of the research shows that drivers of road-based mass transportation buses who enter special bus lanes should not be punished if someone breaks through the special bus lane which results in an accident and the victim dies. This is based on legal experience, namely on court decisions based on articles relating to road user negligence. The decision made by the judge in the case of death due to someone breaking into a special bus lane exampale in case Decision Number 1086 K/PID/2016 and others is not commensurate with the driver's fault because the incident occurred due to the fault of the perpetrator or the victim themselves. This decision also cannot apply to mass transit bus drivers because basically it is necessary to pay more in-depth attention to causal factors, as well as Victim Precipitation conditions which are the initial causes of accidents in special bus lanes. This research is a form of proposed change in Law No. 22 of 2009 concerning Traffic and Road Transportation
The Implementation of The Complete Systematic Land Registration Program as A Framework for Achieving Agrarian Reform
Full text linkThis research aims to analyze the implementation of the Complete Systematic Land Registration (PTSL) program as an effort to accelerate Agrarian Reform, which aims to create justice and welfare for the people as mandated by the Constitution. The issue is focused on the agenda of accelerating Agrarian Reform through the Complete Systematic Land Registration, which has proven to have a positive impact on Indonesian society in terms of providing legal certainty of land ownership, thereby preventing the potential for agrarian conflicts. This research uses qualitative methods with a legislative approach and a conceptual approach, resulting in a juridical-normative type of study. Data were collected through unstructured observation methods and analyzed qualitatively. This study concludes that land registration in Indonesia until 2017 (before the PTSL program) only resulted in 46 million registered land parcels, whereas as of now, it has reached 117.9 million registered land parcels by September 2024. With the existence of land ownership certificates as proof of ownership, it will be able to provide legal certainty and minimize agrarian conflicts, thereby enabling the government's efforts in the Acceleration of Agrarian Reform to be achieved effectively
Regulation of The Use of Marijuana for Medical Purposes: A Comparison of Civil Law and Common Law Legal Systems
Full text linkThis study aims to determine the Regulation of the Use of Marijuana for Medical Purposes: Comparison of Civil Law and Common Law Legal Systems. This research uses normative juridical research methods using literature studies derived from Legislation, scientific journals, books related to medical cannabis discourse and analyzed qualitatively. Regulations related to Class I Narcotics in Indonesia are regulated in Law Number 35 of 2009 and Regulation of the Minister of Health of the Republic of Indonesia Number 30 of 2023. The use of cannabis as medicine is an urgent need. European countries are at the forefront of legalizing medical cannabis. Some European countries with a Civil Law legal system have different regulations in legalizing marijuana for medical purposes based on ownership restrictions. Meanwhile, countries with a Common Law legal system establish medical cannabis legalization policies based on the needs of patients, the quality of health provision, and the protection of patient rights. This study concludes that countries with a Common Law legal system have a pragmatic, case-based legal style that functions through logical reasoning while countries with a Civil Law legal system are more about practical implications
Comparative Study of Law Enforcement Against Taxation Crimes in Indonesia and Malaysia
Full text linkThis research conducts a comparative study of law enforcement strategies aimed at combatting taxation crimes in Indonesia and Malaysia. The study examines the legal frameworks, enforcement mechanisms, and institutional capacities of tax authorities in both countries. Through an analysis of relevant laws, regulations, and enforcement practices, the research evaluates similarities and differences in approaches to tackling tax evasion, fraud, and non-compliance. Additionally, the study explores the role of collaboration between tax authorities and other government agencies, as well as international cooperation in addressing cross-border tax crimes. By identifying effective strategies and areas for improvement in law enforcement against taxation crimes, the research aims to contribute to the development of more robust and coordinated efforts to combat tax evasion and ensure compliance with tax laws in Indonesia and Malaysia
Legal Protection of Public WiFi Users from Cyber Crime
Full text linkThis research explores the legal protection of public WiFi users from cybercrime, with a focus on public awareness, security standards, and law enforcement. The main findings show that the public's low awareness of public WiFi security risks is caused by a lack of education and information, wrong perceptions of security, and dependence on technology. Additionally, security standards implemented by public WiFi service providers vary and are often inadequate, influenced by a lack of strict regulation, implementation costs, and lack of technical knowledge. Law enforcement against cybercrime has also proven weak, with limited resources, lack of international cooperation, and inadequate regulations as the main causes. This research recommends increasing public education, strengthening security regulations, increasing law enforcement capacity, and better international cooperation. The implementation of these steps is expected to create a safer digital environment and increase legal protection for public WiFi users from the threat of cybercrime
The Role of The Police in Disclosing Cases of Motorcycle Theft at Medan City Police Station
Full text linkThis article aims to handle motorcycle theft in the jurisdiction of the Medan City Police and its surrounding areas. The purpose of this study is to examine and analyze the role of the Indonesian National Police in revealing motorcycle theft cases. The problem is focused on maintaining public security and order, law enforcement, protection, shelter and service to the community. This type of research uses normative legal research, meaning that this study tends to use secondary data, both primary legal materials and secondary legal materials. Data were collected using document studies and analyzed. Analysis for qualitative data was carried out by selecting articles containing legal principles. This study concludes that the Role of the Indonesian National Police in revealing motorcycle theft cases in the jurisdiction of the Medan City Police and its surrounding areas & Obstacles to the Indonesian National Police in providing security protection to motorized vehicle users occur due to 2 factors, namely legal factors and non-legal factors
Criminal Liability of Child Exploitation Through TikTok Live Streams in Orphanage Foundations (A Case Study of Decision Number 148/Pid.Sus/2024/PN Mdn)
Full text linkThe helplessness of children in protecting themselves provides opportunities for adults to exploit them. As in Decision Number 148/Pid.Sus/2024/PN Mdn, where the development of digitalization and social media trends, namely TikTok, was misused as a means of exploiting children in foster care. The perpetrators take advantage of children's vulnerability by having the child appear in TikTok live streaming to attract audience sympathy in order to get gifts that can be converted into money. This study aims to analyze the guarantee of legal protection for orphanage children as victims of exploitation and examine the criminal liability of the manager of the orphanage foundation in cases of child exploitation through TikTok live streaming. The normative juridical method with a statutory approach and a case approach is used in this research. The results show that orphanage children who are victims of exploitation are entitled to legal protection guarantees in the form of special protection, social rehabilitation, legal assistance, and supervision by empowerment institutions such as KPAI. The actions of the orphanage manager are proven to meet the requirements of criminal liability because they intentionally exploit for material gain, have the ability to be responsible, and without any excuse that can eliminate criminal responsibility