scholarly journals Ratio legis of special minimum limit regulation in narcotics law

2021 ◽  
Vol 10 (7) ◽  
pp. 423-431
Author(s):  
Indra Kusuma Haryanto ◽  
Sudarsono Sudarsono ◽  
Bambang Sugiri ◽  
Abdul Rachmad Budiono
Keyword(s):  
Criminal Policy ◽  
Conceptual Approach ◽  
Philosophical Approach ◽  
Form Of Life ◽  
Criminal Sanctions ◽  
The Supreme Court ◽  
The Government ◽  
Materials Used ◽  
Policy Systems ◽  
Maximum Minimum

Narcotics crime in society (especially in Indonesia) shows an increasing trend both quantitatively and qualitatively with widespread victims, especially among children, adolescents, and the younger generation in general. Based on this, the government must increase efforts to prevent and eradicate narcotics crimes by any means, whether reforming the Narcotics Law, imposing strict sanctions and so on. The purpose of this research is to find out how the legal ratio of the Special Minimum Limit Regulation in the Law on Narcotics. This research is normative legal research with a conceptual approach and a philosophical approach. The legal materials used are primary and secondary with the technique of analyzing legal materials using the interpretation method. The results of the study indicate that the Ratio legis regulation specific minimum criminal provisions in the three laws studied, namely: the Narcotics Law and the Supreme Court Circular Number 03 of 2015, is intended to prevent disparities in the sentencing of crimes by judges. The regulation of types of criminal sanctions in legislation is one of the functions of the State to protect legal interests, in the form of life, property and dignity. The regulation of criminal sanctions is one of the criminal policy systems that can be seen from several aspects, namely the criminal system, namely: types of sanctions, alternative and cumulative forms of sanctions and their duration, namely the maximum-minimum of the punishment threatened.

scholarly journals Sanksi Pidana Bagi Pelaku Penimbun Masker Selama Masa Pandemi Covid-19

2021 ◽  
Vol 2 (3) ◽  
pp. 447-453
Author(s):  
Kadek Wahyu Juniarta ◽  
Anak Agung Sagung Laksmi Dewi ◽  
Luh Putu Suryani
Keyword(s):  
Literature Study ◽  
Conceptual Approach ◽  
Criminal Sanctions ◽  
The Government ◽  
Materials Used ◽  
Administrative Sanctions

Hoarding is an activity of collecting goods so that they become scarce in the market and are sold at high prices. During the COVID-19 pandemic, people really need masks, but people who don't have empathy for their fellow citizens hoard masks so that they become scarce and the price becomes expensive. The purpose of this study is to reveal the legal arrangements against the perpetrators of hoarding masks during the COVID-19 pandemic and criminal sanctions against those who hoard masks during the COVID-19 pandemic. In this study using a statutory approach and a conceptual approach. Sources of legal materials applied are primary legal materials and secondary legal materials. the technique in collecting legal materials used is a literature study technique which is then analyzed systematically. The results of the study indicate that criminal sanctions against perpetrators of hoarding masks are based on Article 107 of Law Number 7 of 2014 with a maximum imprisonment of 5 years or a maximum fine of Rp. 50,000,000,000.00. In Law Number 5 of 1999 sanctions can also be imposed, in the form of administrative sanctions, basic criminal sanctions, additional criminal sanctions. The government must be able to provide appropriate sanctions for the perpetrators of hoarding masks because they have violated and threatened the interests of the community.

scholarly journals Legal Status of Overseas Marriage Registration in the Perspective of Indonesian Marriage Law

2020 ◽  
Vol 14 ◽  
pp. 260-265
Author(s):  
Muhammad Romli ◽  
Thohir Luth ◽  
Rachmi Sulistyarini ◽  
Siti Hamidah
Keyword(s):  
Legal Status ◽  
Public Order ◽  
The Internet ◽  
Legal Certainty ◽  
Marriage Law ◽  
Conceptual Approach ◽  
Philosophical Approach ◽  
Legal Principles ◽  
Materials Used ◽  
One Year

This study aims to analyze the legal status of overseas marriage registration from the perspective of Indonesian marriage law. Law Number 16 of 2019, amendments to Law Number 1 of 1974 concerning Marriage, states that marriages conducted by Indonesian citizens outside Indonesia are legal if carried out according to law. which applies in the country where the marriage is taking place and for Indonesian citizens does not violate the provisions of the Marriage Law. Furthermore, within 1 (one) year after the husband and wife return to the territory of Indonesia, proof of their marriage must be registered at the marriage registration office where they live. There is still a problematic status of the registration law, whether it makes the validity of the marriage or is it only limited to the administrative order. This research uses a conceptual approach, a statutory approach, a historical approach and a philosophical approach. Legal materials used in this study consist of primary legal materials, secondary legal materials and tertiary legal materials which are normative in nature by searching, collecting and studying literature and documents, both conventionally and via the internet. The results of this study are the legal status of marriage registration abroad in the perspective of Indonesian marriage law, precisely in Article 56 of Law no. 16 of 2019 amendments to Law no. 1 of 1974 concerning Marriage, it can be concluded in general that the legal status of overseas marriage registration still does not provide legal certainty regarding the validity of marriage except for the extent of an administrative order. And there are three legal principles in Article 56 of the Marriage Law, namely: the lex patriae principle, the lex loci celebration principle and the principle of public order.  

scholarly journals REHABILITASI TERHADAP PENYALAHGUNAAN NARKOTIKA DI TINJAU DARI SISTEM PEMIDANAAN INDONESIA

2020 ◽  
Vol 3 (2) ◽  
Author(s):  
Syafruddin Syafruddin
Keyword(s):  
Medical Rehabilitation ◽  
Primary Sources ◽  
Conceptual Approach ◽  
Role Of Government ◽  
Criminal Sanctions ◽  
Track System ◽  
Materials Used ◽  
Double Track

ABSTRACT This research is motivated by the increasingly widespread use of narcotic in Indonesia, while the illegal use of narcotics can be viewed as a crime that can be imposed criminal sanctions in accordance with the provisions of Law of 35 of 2009. This narcotic law, in the case of punishment to the narcotic user, adheres to double track system, namely repressive sanction and action sanction. Medical rehabilitation is one of the framework of action sanction. On that basis, this research refers to two objectives: Analyzing the existence of rehabilitation for narcotic user in the perspective of the Indonesian punishment system and Analyzing the consequences for rehabilitation in cases of narcotic crime.This research is a legal research with normative law research type. The analytical approach uses a statutory approach and a conceptual approach. Sources of legal materials used in this study are primary and secondary legal materials. Primary sources of law relate to written legal products and secular sources of law covering other relevant literature.The results of research show that the existence of rehabilitation for narcotic user in the perspective of the Indonesian punishment system, is basically one of the forms of sanction which must be undertaken by the user of narcotic who is not the category of dealer, because the philosophy of Law of 35 on 2009 on Narcotic adheres to double track system in the case of sanction for the narcotic user, namely a repressive witness and action sanction, so it can be argued that  rehabilitation is a manifestation of the sanction of such action. Furthermore, the determination of rehabilitation for narcotic user based on a judge's ruling may have consequences for drug user to undergo medical rehabilitation as a duty.. Furthermore, the role of government is very important through the National Narcotics Agency (BNN) to streamline community participation in the framework of medical rehabilitation and social rehabilitation procedures that are very urgent for the recovery of health and mental recovery of those who have become victims of narcotics. Keywords : Rehabilitation, Criminal Sanction, and Narcotic User 

scholarly journals The Competence of the Administrative Court and Administrative Justice

FIAT JUSTISIA ◽  
2020 ◽  
Vol 14 (2) ◽  
pp. 97
Author(s):  
Aju - Putrijanti
Keyword(s):  
Legal Certainty ◽  
New Paradigm ◽  
Conceptual Approach ◽  
Government Administration ◽  
The Supreme Court ◽  
Quality Of Governance ◽  
The Government ◽  
Clear Information ◽  
Administrative Justice

Administrative Court is a specialized court under the Supreme Court with a role to settle the administrative disputes included staffing disputes. The legitimation of Law No. 30 of 2104 concerning Government Administration has brought a new paradigm in the governance framework. Also, the competence of the Court is broader than before. In Addition, some regulations give more competence to the Court. It is normative juridical research. It uses statute, conceptual approach to observed, analyzed and discussion on the issues. This research is to develop the relations between the competence of the Court and administrative justice. Based on the research, broader competence gives more opportunity to get access to justice.In conclusion, administrative justice has some meanings; first, it is the rights of an individual. Therefore, the government has to provide detail, clear information for any individual before issuing a decree based on the application, rights to claims and revision for any mistakes. Second,  the defendant must obey and implement the judicial verdict. This obligation as an implementation of administrative justice and legal certainty for Plaintiff and obedience by the Defendant to the judge verdict. Third, administrative justice should be supported by the regulations by obeying the judge verdict. This is part of improving the quality of governance.

scholarly journals Formulative Policy of Death Penalty for Corruptors in Indonesia

2020 ◽  
Vol 4 (2) ◽  
pp. 55-69
Author(s):  
Ni Wayan SINARYATI ◽  
I Gede ARTHA
Keyword(s):  
Law Enforcement ◽  
Death Penalty ◽  
Capital Punishment ◽  
Legal Research ◽  
Criminal Sanctions ◽  
Analysis Technique ◽  
Library Studies ◽  
The Republic ◽  
The Government ◽  
Materials Used

Corruption is committed by state officials, law enforcement and other related parties. Various efforts have been made by the government in preventing and eradicating corruption in Indonesia, but the efforts that have been made have not yet gotten optimal results. The fundamental weakness in eradicating corruption in Indonesia is the formulation of the main criminal sanctions in the form of criminal threats that are facultative, uncertain or must be. So that the corruptors are never deterred or afraid. In the future, the legislators need to reformulate the provisions of Article 2 paragraph (2) of the Republic of Indonesia Law Number 31 of 1999 as amended to Law of the Republic of Indonesia Number 20 of 2001 concerning Eradication of Corruption. Various criminal law policies still need to be carried out by the state in order to eradicate corruption to achieve the expected results. This type of research in this paper uses the type of normative legal research. The type of approach is in the form of a legal approach related to corruption. There are two legal materials used, namely primary legal materials and secondary legal materials, with legal material collection techniques used in the form of library studies. The analysis technique used is descriptive, interpretation, evaluation and argumentative techniques. The research in this paper intends and aims to examine and analyze the facts and phenomena of corruption that are stated in specific legislation concerning criminal sanctions (capital punishment) for corruptors in Indonesia. Moreover, corruption is qualified as an extraordinary crime so it needs extraordinary handling as well.

scholarly journals Perlindungan Hukum Bagi Pekerja Anak: Tinjauan Perspektif Keadilan dan Kesejahteraan Anak

2021 ◽  
Vol 1 (1) ◽  
pp. 107
Author(s):  
Meirina Nurlani
Keyword(s):  
Child Labor ◽  
Legal Protection ◽  
Fundamental Rights ◽  
Human Beings ◽  
Legal Research ◽  
Conceptual Approach ◽  
The Government ◽  
Keywords Child ◽  
Materials Used ◽  
Laws And Regulations

Increasing economic demands shape the situation of a child having to work to help his parents to support his family's economy. Therefore, it is necessary to provide legal protection for child labor. Legal protection for child labor is an important instrument that must be considered by the government; considering that the guarantee of legal protection is a moral responsibility for the government to fulfill the welfare and justice of child workers. This type of research is legal research. This legal research uses a statute approach and conceptual approach. The legal materials used in this legal research are primary and secondary legal materials. The results of this study state that legal protection for child labor is based on various laws and regulations. The welfare of child workers will be obtained when the rights of child workers as stated in various laws and regulations are fulfilled and guaranteed by the company.  Prosperity in this study does not only have material meaning, but includes non-material aspects; as well as continuing to provide flexibility for children to continue to develop their capacity. Furthermore, regarding justice, child workers should also be given legal protection; considering that children are human beings who have human rights. Tackling the problem of child labor can be done using three efforts; namely preventive efforts, curative efforts, and repressive measures. On the other hand, an integrated planning is needed to deal with the problem of child labor. This sustainable planning is carried out to fulfill various fundamental rights of child labor. KEYWORDS: Child Workers, Child Rights, Legal Protection for Child Workers.

scholarly journals The Concept of Deradicalization in an Effort to Prevent Terrorism in Indonesia

2020 ◽  
Vol 7 (1) ◽  
pp. 35
Author(s):  
Sumarwoto Sumarwoto ◽  
Mahmutarom HR ◽  
Ahmad Khisni
Keyword(s):  
Social Conflict ◽  
Legal Issues ◽  
Analytic Study ◽  
Fundamental Change ◽  
Analysis Method ◽  
Conceptual Approach ◽  
Philosophical Approach ◽  
Historical Approach ◽  
Concrete Action ◽  
The Government

Radicalism is a paradigm to make a fundamental change in accordance with the understanding of the ideology adopted and believed. In general, the government and the society believe that terrorism is a phenomenon that cannot be easily eliminated. Deradicalization program essentially comes from the assumption that radicalism is the �root� of terrorism. Therefore, a concrete action as an effort to fight against terrorism will be (more) effective through deradicalization. The essence of deradicalization is to change the understanding (re-interpretation) of the paradigm that is considered wrong and �misleading�. The prevention of terrorism through the concept of deradicalization is a proactive action and requires caution because Indonesian society is plural and vulnerable to pluralism against social conflict. Thus, its application must be equipped by knowledge and understanding of �the development and patterns of terrorism and must be guided by the applicable legislations. This descriptive-analytic study applied statute approach, conceptual approach, historical approach and philosophical approach to investigate the legal issues under study. The collected data were analyzed by using qualitative juridical analysis method and the results are then presented thoroughly, systematically and in a integrated way in order to obtain clarity of the problem. The results showed that radicalism is an extreme idea to make a fundamental change based on subjective and exclusive ideological interpretations. Meanwhile, deradicalization is a pattern of handling terrorism which is essentially a process of reinterpretation of �deviated� beliefs or paradigms through efforts to reassure radical groups not to use violence (terror) as well as to create a sterile environment from radical movements which are �the root� of the growth of terrorism in Indonesia.�Konsep Deradikalisasi dalam upaya Pencegahan Aksi Terorisme di Indonesia�Radikalisme merupakan paradigma untuk melakukan suatu perubahan fundamental sesuai dengan pemahaman ideologi yang dianut dan diyakini . Pemerintah dan masyarakat pada umumnya meyakini bahwa (aksi) terorisme merupakan fenomena yang tidak mudah dihilangkan begitu saja. Program deradikalisasi hakikatnya berangkat dari asumsi bahwa radikalisme merupakan �akar� dari aksi-aksi terorisme. Oleh karenanya, bentu konkrit sebagai upaya memerangi terorisme akan (lebih) efektif melalui deradikalisasi. Esensinya adalah merubah pemahaman (re �interpretasi) atas paradigma yang dianggap keliru dan sesat �menyesatkan�. �Pencegahan terorisme dengan konsep deradikalisasi adalah tindakan proaktif serta membutuhkan kehati-hatian karena masyarakat Indonesia yang plural dan rentan kemajemukan terhadap konflik sosial. Upaya pemecahan masalah dalam deradikalisasi antara lain harus mengetahui dan memahami perkembangan dan pola tindak pidana terorisme sebagai bentuk penanggulangan� terorisme serta harus berpedoman pada peraturan perundang-undangan yang ada. Penelitian yang digunakan adalah deskriptif analitis dengan metode pendekatan yang digunakan yang digunakan untuk menjawab isu hukum dalam kajian ini adalah pendekatan perundang-undangan, pendekatan konseptual, dan pendekatan historis serta pendekatan filosofis. Analisis data menggunakan metode analisis yuridis kualitatif, kemudian menyusun� secara menyeluruh, sistematis dan terintegrasi demi memperoleh kejelasan masalah. �Hasil penelitian menunjukan bahwa radikalisme merupakan gagasan ekstrim yaitu melakukan suatu perubahan secara fundamental menurut interpretasi ideologi secara subjektif dan eksklusif. Deradikalisasi merupakan pola penanganan terorisme yang hakekatnya merupakan proses re-interpretasi atas keyakinan atau paradigma �menyimpang� melalui upaya meyakinkan (kembali) terhadap kelompok-kelompok radikal untuk tidak menggunakan dan meninggalkan kekerasan (teror) , serta menciptakan lingkungan yang steril dari gerakan radikal yang merupakan akar penyebab tumbuhnya gerakan radikal (terorisme) di Indonesia.

scholarly journals Tinjauan Yuridis terhadap Pelaku Tindak Pidana Pembunuhan Bayi (Studi Kasus Putusan Nomor 1123/Pid.Sus/2018/Pn Dps)

2021 ◽  
Vol 2 (3) ◽  
pp. 616-621
Author(s):  
Desak Ketut Parwati ◽  
I Wayan Rideng ◽  
Ni Made Sukaryati Karma
Keyword(s):  
Child Protection ◽  
Legal Protection ◽  
Public Prosecutor ◽  
Conceptual Approach ◽  
Legal Subject ◽  
The Public ◽  
Criminal Sanctions ◽  
Witness Statements ◽  
Materials Used ◽  
Research Type

Protection for babies has started since in the womb. In accordance with article 2 Burgerlijk Wetboek that a child who is still in his mother's womb is considered a legal subject as long as the interests of the child are desired. However, nowadays cases of infanticide often occur, so in this case legal protection is needed. The purpose of this research is to analyze the regulation of criminal sanctions for the perpetrators of the crime of infanticide and the judge's consideration of the perpetrators of the crime of infanticide. The type of research used in this paper is a normative law research type with a statutory and conceptual approach. The sources of legal materials used are primary and secondary legal materials. After the data is collected, then the data is analyzed systematically. The results of the research reveal that the setting of sanctions for perpetrators of the crime of infanticide is as regulated in Law Number 35 of 2014 concerning Child Protection. The judge's considerations in making a decision against the perpetrators of the crime of infanticide which resulted in death, include; witness statements that have been submitted by the public prosecutor before the trial, based on the testimony of the defendant at the trial and based on the elements of the crime charged by the public prosecutor in the single indictment have been fulfilled.

scholarly journals Kewenangan Dewan Perwakilan Daerah Dalam Pengawasan Peraturan Daerah

2022 ◽  
Vol 4 (2) ◽  
pp. 11
Author(s):  
Muhammad Roqib
Keyword(s):  
Central Government ◽  
Evaluation Process ◽  
Constitutional Court ◽  
Regional Government ◽  
Conceptual Approach ◽  
State Institutions ◽  
Legal Studies ◽  
Regional Interest ◽  
The Supreme Court ◽  
The Government

Regional Representative Council (Dewan Perwakilan Daerah/DPD) is a constitution organ. This one of state institutions is established and empowered by the 1945 Constitution. The existence of the Regional Representative Council is regulated in the provision of Chapter VII Article 22 C and Article 22 D of the 1945 Constitution. The authorities and duties of the Regional Representative Council is regulated in No. 2/2018 of Law about the People’s Consultative Assembly (MPR), the House of Representative (DPR), the Regional Representative Council (DPD), and the Regional People’s Representative Council (DPRD). One of the Regional Representative Council’s authorities in the Law No. 2/2018 is able to monitor and evaluate the regional regulations plan and the regional regulations. However, since the verdict of Constitutional Court No. 137/PUU XIII/2015 and 56/PUU-XIV/2016 about revocation of the government authority (central) to nullify (executive review) the regional regulation, the authority of the Regional Representative Council in monitoring the regional regulations plan and the regional regulations is weakened and not clear. The nullification of the regional regulation(s) is owned by judicial institution only, such as the Supreme Court (MA). In fact, the Regional Representative Council should be as a representative council that can associate those two interests at once, the central government in top down way and regional interest in bottom up way. How does the Regional Representative Council align those two waves of interests at once through the regional regulation(s)? This research uses statute approach, by examining the related laws about law issues which is already analyzed and also uses conceptual approach, which starts from the point of views and developed doctrines in the legal studies. Based on the research results, it was known that the verdict of the Constitutional Court did not eliminate the control of the central government, in this case was the Regional Representative Council to the regional government, including the making of the regency/city regional regulations. But, this control was not in the shape of testing or nullifying the regional regulations. The Regional Representative Council in consort with the ministry, and governor as the representative of the central government should do some evaluation process on each regional regulations plan.

scholarly journals Perlindungan Hukum Terhadap Karya Cipta Lagu “Hilang” Atas Tindakan Perbanyakan Atas Karya Cipta Tanpa Perjanjian Lisensi (Studi Putusan Mahkamah Agung Republik Indonesia Nomor 192 PK/Pdt.Sus/2010)

2019 ◽  
Vol 19 (1) ◽  
pp. 94-113
Author(s):  
Khairil Fahmi
Keyword(s):  
Law Enforcement ◽  
Economic Value ◽  
Legal Protection ◽  
Criminal Sanctions ◽  
Financial Gain ◽  
The Supreme Court ◽  
Human Creativity ◽  
The Government ◽  
Role Of The Government ◽  
Copyright Piracy

The development of human creativity in creating a work that can have economic value requires legal protection. This protection is very important to encourage the creative enthusiasm of people. There are some basic principles of the copyright law protection of the sound recordings results in its protection that need to be considered, such as what is protected by copyright is an idea that has been tangible and original. As a result of law enforcement efforts against piracy song or music copyright is regulated in the Article 72 where the law enforcement efforts by the government by providing criminal sanctions and civil sanctions with claims for compensation, the Supreme Court considers the reasons of the Petitioner for Review that these reasons cannot be justified, because the judex juris did not commit an error or a real mistake in deciding the a quo case . In general, the forms of Song or Music copyright piracy are divided into several categories, namely Pirate, Couterfeit and Bootleging. The motive for the piracy is for commercial interests in the form of financial gain. The role of the government in law enforcement dealing with piracy is to provide strict sanctions in the form of confiscation and destruction of goods resulting from Copyright piracy carried out by the government. Keywords: Legal Protection, Copyright, Songs, Propagation Actions, License.

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