scholarly journals PROBLEMATIKA YURIDIS PENJATUHAN SANKSI PIDANA MATI TERHADAP KORUPTOR PADA MASA PANDEMI COVID-19

2021 ◽  
Vol 8 (2) ◽  
pp. 178
Author(s):  
Wildan Tantowi
Keyword(s):  
Natural Disaster ◽  
Death Penalty ◽  
Criminal Law ◽  
Literature Study ◽  
Criminal Cases ◽  
Legal Method ◽  
The Government ◽  
The Impact

<p>Abstract<br />Corrutiption is categorized as an extraordinary crime, the eradicting must also be done  seriously. This article examines the criminal law policy of imposing the death penalty for corruptors during the covid-19 Pandemic. The Covid Pandemic in Indonesia as a national non-natural disaster which has been a serious concern of the government. In the event of corruption cases occur during the Covid-19 Pandemic, such criminal cases should be tackled in an extraordinary and special way because the impact of Covid-19 Pandemic has affected all sectors of life. Considering the Covid-19 Pandemic, it is appropriate if Indonesia is currently categorized under certain conditions. It means that this condition implies that if a criminal act of corruption occurs during the Covid-19 Pandemic, law enforcers can prosecute or impose a death penalty for corruption perpetrators as stipulated in Article 2 paragraph (1) and (2) of the Corruption Eradication Law. This research used the normative legal method which is carried out through literature study and used the statue approach to find out what weaknesses can lead to juridical problems with the enforcement of the death penalty against corruptors in Indonesia and to analyze the urgency of criminal law policy n the imposition of the death penalty for corruptors during the Covid-19 Pandemic.<br /><br /></p><p>Abstrak<br />Tindak pidana korupsi dikategorikan sebagai extraordinary crime, Pemberantasan tindak  pidana korupsi  juga harus dilakukan dengan cara yang luar biasa. Artikel ini mengkaji tentang kebijakan hukum pidana penjatuhan sanksi pidana mati terhadap koruptor pada masa Pandemi Covid-19 . Pandemi Covid-19 di Indonesia ditetapkan sebagai bencana non-alam nasional yang telah menjadi perhatian serius dari pemerintah. Apabila terjadi tindak pidana korupsi pada masa Pandemi Covid-19 ini, maka penanggulangan tindak pidana korupsi tersebut harus dilakukan secara luar biasa dan khusus. Mengingat dampak dari Pandemi Covid-19 ini telah mempengaruhi segalam macam sektor kehidupan. Melihat kondisi Pandemi Covid-19 sudah selayaknya apabila Indonesia saat ini dikategorikan dalam kondisi keadaan tertentu. Artinya dari kondisi tersebut berimplikasi apabila terjadi tindak pidana korupsi pada masa Pandemi Covid-19 penegak hukum dapat menuntut atau menjatuhkan pidana mati bagi pelaku korupsi sebagaimana telah diatur dalam Pasal 2 ayat (1) dan (2) Undang-Undang Pemberantasan Tindak Pidana Korupsi. Metode Penelitian yang digunakan dalam artikel ini menggunakan metode penelitian hukum normatif yang dilakukan melalui studi kepustakaan dan dipadukan dengan pendekatan perundang-undangan yang nantinya tujuan dari penulisan artikel untuk mengetahui kelemahan-kelemahan apa saja yang dapat memunculkan sebuah problematika yuridis terhadap penegakan hukuman pidana mati kepada koruptor di Indonesia dan menganalisis urgensi<br />kebijakan hukum pidana di Indonesia dalam penjatuhan pidana mati kepada koruptor pada  masa Pandemi Covid-19.<br /><br /></p>

scholarly journals Problematika Kebijakan Penegakan Hukuman Pidana Mati Untuk Koruptor Pada Masa Pandemi Corona Virus Disease 2019 (Covid-19)

2021 ◽  
Vol 5 (1) ◽  
pp. 49-58
Author(s):  
Wildan Tantowi ◽  
N.G.A.N Ajeng Saraswati ◽  
Viola Sekarayu Gayatri
Keyword(s):  
Natural Disaster ◽  
Death Penalty ◽  
Criminal Law ◽  
Virus Disease ◽  
Literature Study ◽  
Criminal Cases ◽  
Legal Method ◽  
Corona Virus ◽  
The Government ◽  
The Impact

This research examines the problems arising from the criminal law policy of imposing the death penalty for corruptors during the Covid-19 pandemic. C. Law Number 31 of 1999 which has been amended by Law Number 20 of 2001 concerning the Eradication of Corruption Crimes is one of the weapons to fight corruption in Indonesia, especially during the Covid-19 pandemic as a national non-natural disaster which has been a serious concern of the government.  In the event of corruption cases occur during the Covid-19 pandemic, such criminal cases should be tackled in an extraordinary and special way because the impact of Covid-19 pandemic has affected all sectors of life, one of which is the economy. Considering the Covid-19 pandemic, it is appropriate if Indonesia is currently categorized under certain conditions. It means that this condition implies that if a criminal act of corruption occurs during the Covid-19 pandemic, law enforcers can prosecute or impose a death penalty for corruption perpetrators as stipulated in Article 2 paragraph (1) and (2) of the Corruption Eradication Law. This research used the normative legal method which is carried out through literature study with the aim of writing the article to find out what weaknesses can lead to juridical problems with the enforcement of the death penalty against corruptors in Indonesia and to analyze the urgency of criminal law policy n the imposition of the death penalty for corruptors during the Covid-19 pandemic.

scholarly journals THE “CRIMINAL LAW OF VICTIM” AS A CRIMINAL LAW MODEL

2018 ◽  
Vol 2 (2) ◽  
pp. 14-19
Author(s):  
Irina Aleksandrovna Tretyak
Keyword(s):  
Criminal Law ◽  
Legal Status ◽  
Criminal Liability ◽  
Theoretical Models ◽  
Legal Personality ◽  
Basic Model ◽  
Legal Method ◽  
Analysis And Synthesis ◽  
Definition Of ◽  
The Impact

The subject. The article is devoted to analysis of the basic models of criminal law and the impact of victim’s legal status on the criminal legal theory.The purpose of the paper is to substantiate the existence and the importance of “criminal law of victim” as basic model of criminal legal theory.The methodological basis of the research includes general-scientific methods (analysis and synthesis, system-structural approach) as well as academic methods (formal-legal method, method of interpretation of legal texts).Results and scope of application. The definition of the role of the victim, the importance of his legitimate interests in the implementation of criminal liability is complicated by the fact that the basic models of criminal law developed by science – “criminal law of the offender” and “criminal law of the crime” – do not consider the victim as a subject of criminal legal relations.The theoretical models of criminal law are embodied in the criminal law, specific legal rela-tions, law enforcement acts, etc., in connection with which there are specific indicators – the parameters by which it is possible to determine which model of criminal law is implemented.If the question of the criminal legal personality of the victim is controversial, in my opinion, there is no doubt that the victim is a party to the criminal law conflict, which often begins to unfold long before the crime.Conclusions. Recognizing the victim as a subject of criminal legal relations, as well as a par-ticipant in the criminal law conflict, it is possible to talk about the formation of a new model of criminal law – “the criminal law of victim”.

scholarly journals The Impact of Gadget Use on the Aspects of Early Childhood Language Development during Covid-19

2021 ◽  
Vol 3 (1) ◽  
pp. 01-07
Author(s):  
Vebionita Megi Putri ◽  
Delfi Eliza
Keyword(s):  
Early Childhood ◽  
Language Development ◽  
Literature Study ◽  
Men And Women ◽  
Use Of Technology ◽  
Entire World ◽  
Learning At Home ◽  
The Government ◽  
The Impact ◽  
The Relationship

Children are generations or descendants as a result of the relationship between men and women, whether in marriage or not. Early childhood is an individual who is experiencing a period of very rapid growth, even though now the entire world is experiencing the Covid-19 pandemic, it is not an obstacle to children's development and growth. With the pandemic, the government is implementing learning at home, the use of technology media is the main key in online learning. This study aims to describe the impact of using gadgets in early childhood in the aspects of language development. This research was conducted using the literature study method in which journals, books and other sources reinforce this research.

scholarly journals The Stage of Assessing the Validity of the Complaint (Presentation) in Continuous Cassation

2020 ◽  
pp. 66-70
Author(s):  
Mikhail S. Spiridonov ◽  
Keyword(s):  
International Law ◽  
Criminal Law ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Criminal Cases ◽  
Legal Method ◽  
Criminal Procedure Law ◽  
The Russian Federation ◽  
Legislative Changes ◽  
And Shifts

With the introduction of continuous cassation in criminal cases on 01 October 2019, the content of the verification of the validity of the cassation complaint and presentation has changed. The science of criminal procedure has been faced with a new problem: to assess the effectiveness of legal regulation, in which the validity of the cassation complaint or presentation is verified directly at the hearing, not at the preliminary stage. The object of this research is criminal procedural relations that develop in the implementation of the norms of criminal procedure law that regulate cassation proceedings in criminal procedure. The research focuses on the norms of the constitutional and criminal procedure law of the Russian Federation, domestic and foreign legislation, generally recognized principles and norms of international law governing cassation proceedings, provisions of the science of criminal law and criminal procedure. The aim of the research is to reveal the essence of the introduced legislative changes concerning the stage of verification of the validity of the cassation complaint or presentation, to develop proposals for improving the legislation. The methods of analysis, synthesis and comparison were applied to determine the procedure for the verification of the validity of the cassation complaint or presentation by the court of the cassation instance. The comparative legal method was employed to study foreign forms of cassation proceedings. The formal legal method was used to analyze the content of the texts of normative legal acts regulating cassation proceedings. The research resulted in the following conclusions. The lack of a stage for assessing the validity of the cassation complaint (presentation) and the grounds for its transfer to the cassation court excessively strengthens the revision principle and shifts the balance towards the task of identifying and eliminating violations of the requirements for the final court decision. The solution to this problem is possible through the introduction of written cassation proceedings carried out by a panel of three judges, which will consider the issue of admissibility and validity of the complaint (presentation).

scholarly journals Pesona Objek Wisata Sejarah di Kabupaten Sinjai

2020 ◽  
Vol 2 (2) ◽  
pp. 98-110
Author(s):  
Wahyudi Ishak ◽  
Ahmadin Ahmadin ◽  
Najamuddin Najamuddin
Keyword(s):  
Literature Study ◽  
Economic Sectors ◽  
Tourist Destinations ◽  
The People ◽  
Level Ii ◽  
Tourism Sector ◽  
The Government ◽  
Tourism Potential ◽  
Study Techniques ◽  
The Impact

This study aims to determine the potential of historical attractions in Sinjai Regency, the development of historical tourism in Sinjai Regency 2008-2016, and the impact of historical tourism on the communities around the site, the government and tourists. The method used in the research and writing of this thesis is a historical research method, which includes: heuristics, source criticism, interpretation and historiography. The techniques used in data collection are observation, interview and literature study techniques. The results of this study indicate that Sinjai as a Level II Region in South Sulawesi has tourism potential that is not inferior to other regions. The Batupake Gojeng Archaeological Park, the Karampuang Indigenous Area, and the Balangnipa Fort are one of the historical tourist destinations offered by Sinjai Regency. Although the Tourism and Culture Office of Sinjai Regency was only established in 2017, activities in the tourism sector will continue to be carried out in previous years. The three historical attractions have their respective developments both in terms of facilities and infrastructure to the number of visitors. The contribution of each element in the development of the historical tourism sector in Sinjai Regency is something that needs to be improved. Based on the results of this study it can be concluded that the historical attractions in Sinjai Regency have an impact on the socio-cultural, educational and economic sectors for the local government and the people who live around the site.

scholarly journals Evaluation Accessibility Musamus University Lecture Building The Architecture Department To The Building Standard

2021 ◽  
Vol 328 ◽  
pp. 10022
Author(s):  
Biatma Syanjayanta ◽  
Reyvaldi C. Joenso
Keyword(s):  
Natural Disasters ◽  
Natural Disaster ◽  
Physical Condition ◽  
Public Services ◽  
Lecture Hall ◽  
Technical Standard ◽  
Safety Requirements ◽  
The Government ◽  
The Impact

In terms of the building development construction or space with the designation as activity place and mass facility, it must comply with the rules of standards safety, security, convenience and comfort building as well as standards requairement. Accessibility in a building is very important, especially the building as a place of activity or public services, such as a lecture hall building which of course will accommodate a large number of people. For those reasons a good planing that can meet the security and safety requirements in the building itself from the impact of unwanted natural disasters. This study evaluates the existing condition of accessibility in the lecture building of the architecture department of the Musamus University of Merauke. The results of this study are the results of measurements and assessments of the physical condition of the building against the technical standard regulations that have been set by the government, the building of the lecture hall building for the architecture department of Musamus University is in a condition that does not meet these requirements. So, if a natural disaster, earthquake or fire occurs, it will cause injuries and even death.

scholarly journals Normative Study on Environmental Impact and Hazardous Waste Management in Mojokerto Region

2021 ◽  
Vol 10 ◽  
Author(s):  
Wahyu Jeffry Purwanto ◽  
Abdul Fatah
Keyword(s):  
Waste Management ◽  
Environmental Pollution ◽  
Environmental Law ◽  
Liquid Waste ◽  
Primary Data ◽  
Observation Data ◽  
Literature Study ◽  
Normative Study ◽  
Legal Method ◽  
The Impact

This study aims to describe the impact of environmental pollution, the causes of rejection from the Medali village community, and to evaluate the pollution violations in terms of environmental law. Furthermore, an analysis of the handling of pollution, the impact on the environment, an assessment of the location of the factory was conducted to criticize the existence of a rubber factory. This thesis research uses Law Number 32 Year 2009 concerning Environmental Protection and Management including handling and overcoming the risk of environmental pollution. This study uses the socio-legal method, using primary data and secondary data which are then analyzed using the juridical-empirical writing type specification, field observation data collection, interviews, and literature study. The results show, in the implementation of waste management by PT Bumi Nusa Makmur there is a mismatch with the proper standard of waste disposal, a violation of the establishment and expansion of company land, as well as environmental impacts in the form of environmental pollution related to air and liquid waste which affects the environment and communities around Medali village

scholarly journals Strategies to Improve Halal Tourism in Indonesia During The Pandemic Covid-19

2021 ◽  
Vol 7 (2) ◽  
Author(s):  
Anita Musfiroh ◽  
Mugiyati Mugiyati ◽  
Aldi Khusmufa Nur Iman
Keyword(s):  
Data Collection ◽  
Foreign Exchange ◽  
Qualitative Method ◽  
Human Life ◽  
Tourism Industry ◽  
Literature Study ◽  
Tourism Sector ◽  
The Government ◽  
The Impact

The Covid 19 has had an impact on various sectors of human life. One of them is the tourism sector. The tourism industry which is predicted to be the second largest source of foreign exchange contributions for Indonesia has experienced a drastic decline. Likewise, the halal tourism sector has also been severely affected by the Covid 19 pandemic. This is because the key to developing the halal tourism sector is Muslim tourists or visitors who come. To revive the tourism sector, it requires a number of strategies prepared by the government to improve the economy in the halal tourism sector. The purpose of writing this article is to find out how the impact of Covid 19 on the halal tourism sector and how the strategy to revive the halal tourism sector during the Covid 19 pandemic. The method used in this study is a qualitative method with data collection techniques used is literature study. The results of the study state that the strategy to restore the halal tourism sector from the Covid 19 pandemic consists of 3 stages and recommendations for implementing health protocols. The existence of this strategy and also the health protocol is expected by the enthusiastic community to return to enliven the tourism sector, including halal tourism.

scholarly journals THE IMPACT OF PANCASILA AS THE STATE IDEOLOGY OF INDONESIA TOWARD THE PROVISION ON DEATH PENALTY IN THE PENAL CODE BILL

2018 ◽  
Vol 34 (1) ◽  
Author(s):  
Cesar Antonio Munthe ◽  
Paulinus Soge
Keyword(s):  
Death Penalty ◽  
The State ◽  
Penal Code ◽  
Human Right ◽  
Home Base ◽  
Founding Fathers ◽  
Law Faculty ◽  
The Government ◽  
One Year ◽  
The Impact

Pancasila has been the state ideology of Indonesia since the day after the independence of Indonesia that is on the 18th of August 1945. It was formulated by our founding fathers by taking our own values and cultures inherited by our ancestors from some old kingdoms  such as Kutai in Kalimantan, Sriwijaya in Sumatra, and Majapahit in Java. One year after the independence  on the 17th of August 1945, Indonesian government promulgated Law No. 1 Year 1946 concerning The Penal Code on 26th  of  February 1946. Through this law the government at that time stated that Wetboek van Strafrecht voor Nederlandsch-Indie  (W.v.S. Ned. Indie (S. 1915 No. 732) as the main written penal code and was formally called  Kitab Undang-undang Hukum Pidana (KUHP) which in Article 10 provides death penalty as the heaviest main punishment. Dealing with that provision there has been a long debate among Indonesian people whether death penalty is in accordance with Pancasila or not. Netherlands as the home base of death penalty dropped it out from its penal code in 1870 because of the strong struggle of human right proponents. In Indonesia a research carried out in 1981/1982 by The Law Faculty of Undip collaborating with the  The Supreme Court  found out that both proponents and opponents of death penalty used Pancasila as “justification”.  In the effort to give respect to both parties  legal drafters of the  Penal Code Bill provide death penalty as “specific punishment” and put it out of the main punishment  in the Penal Code Bill.Key Words: Pancasila, State ideology, Legal drafters, Specific punishment, The Penal Code Bill.

scholarly journals Hukuman Mati Bagi Koruptor Pada Saat Keadaan Tertentu (Pandemi COVID-19) Perspektif Hukum Nasional dan Hukum Islam

2021 ◽  
Vol 15 (1) ◽  
pp. 137-150
Author(s):  
Dahyul Daipon
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Death Penalty ◽  
Criminal Law ◽  
Islamic Law ◽  
Positive Law ◽  
The Government

The current condition of the Covid-19 pandemic is a time where almost everyone feels social and economic difficulties. Communities whose regions apply restrictions/quarantines are highly dependent on assistance from the government. This paper is a study and analysis of one question how the death penalty can be applied to perpetrators of corruption during the Covid-19 outbreak or pandemic. In the criminal law that applies in Indonesia, the death penalty for perpetrators of criminal acts of corruption is contained in Article 2 paragraph 2 of Law no. 31 of 1999 concerning the Eradication of Corruption Crimes. Meanwhile, in Islamic law, corruption is categorized as jarimah ta'zir. The results of this study conclude that during a pandemic, the death penalty can be applied to corruptors in accordance with the provisions of Article 2 of the Anti-Corruption Law and the provisions of Islamic criminal law as jarimah ta'zir. There are fundamental differences in the application of the death penalty for corruptors according to positive law and Islamic criminal law, especially with regard to the conditions required for the imposition of the death penalty. Even though this seems cruel according to human rights supporters, this needs to be a concern for all law enforcers so that they can carry out strict law enforcement against perpetrators of corruption crimes during the pandemic.

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