scholarly journals COUNTERMEASURE POLICY ON MINING CRIME UNDER THE LEGAL PROGRESSIVE PERCEPTIVE

2021 ◽  
Vol 10 (2) ◽  
pp. 226
Author(s):  
Faisal Faisal ◽  
Derita Prapti Rahayu

<em>The complexity of mining business governance affects rational actions to tackle mining crime using the criminal policies in a progressive legal dimension. This research focuses on dealing with mining crime using criminal policies and rational efforts in the progressive legal dimension. It was conducted using normative legal research method using secondary data obtained from primary and secondary legal materials. The urgency of this research is to provide guidance towards the application of appropriate rules of mining for the actors in the business. It was also directed to provide references in mining law enforcement through an integral policy. The results showed that criminal policy through penal means in the formulation stage has the ability to regulate licensing crimes, corporate crimes, crimes against reclamation, and criminal obstruction of mining businesses. Moreover, the application stage involves the legal construction of material and formal offenses while the execution stage requires integral law enforcement. It is also important to note that the non-penal means which focuses on prevention maps potential actors with the ability to create the victims while the secondary prevention maps the mining areas with potential conflicts. This means the progressiveness of mining criminal policies rationally in the progressive law dimension enforces certainty and basic ideas underlying the norms.</em>

2019 ◽  
Vol 9 (2) ◽  
pp. 217-234
Author(s):  
Luthvi Febryka Nola

Article 31 paragraph (1) and paragraph (2) of the Indonesian Bankruptcy Law stipulate that all seizures that have been determined on the debtor's assets are null and void since the bankruptcy verdict is pronounced and since then the only validity is general seizure. However, in its practice various seizures are still stipulated on bankrupt assets ranging from civil, criminal and tax seizures. This paper discusses the forms of seizure in the bankruptcy process, the position of general seizure of other seizures in bankruptcy and the impact of the position of general seizure on debt payments to creditors. The research method used is normative legal research using secondary data collected through library studies and document studies. The various data were then analyzed descriptively and qualitatively. This writing found that there are rules in other laws such as Article 39 paragraph (2) KUHAP and Article 6 paragraph (1) Law No. 19 of 2000 that have ruled out the position of general seizure. The experts in each field of science also have different views regarding the position of general seizure. This condition has resulted in the emergence of friction between law enforcement, inconsistency of judges’ decisions, length of bankruptcy proceedings, injustice, unclear data on bankruptcy assets and reduced bankruptcy assets. Therefore, the understanding of law enforcement regarding legal principles, especially the principle of lex specialis derogate legi generalis, needs to be improved. The use of prejudgment seizure in the bankruptcy process must be socialized to maximize control over bankrupt assets. To avoid prolonged process of bankruptcy, the bankruptcy law should limit the time period for the settlement of assets to the curator.AbstrakPasal 31 ayat (1) dan ayat (2) UU Kepailitan mengatur bahwa segala sita yang telah ditetapkan atas harta kekayaan debitor menjadi hapus semenjak putusan pailit diucapkan dan semenjak itu satu-satunya yang berlaku adalah sita umum. Akan tetapi pada praktiknya berbagai sita tetap ditetapkan atas harta pailit mulai dari sita perdata, pidana dan pajak.  Tulisan ini membahas tentang bentuk-bentuk sita dalam proses kepailitan, kedudukan sita umum terhadap sita lainnya dalam kepailitan dan dampak dari kedudukan sita umum terhadap pembayaran utang kepada para kreditor. Adapun metode penelitian yang digunakan adalah penelitian hukum normatif dengan menggunakan data sekunder yang dikumpulkan melalui kegiatan studi perpustakaan maupun studi dokumen. Berbagai data tersebut kemudian dianalisis secara deskriptif-kualitatif. Penulisan ini menemukan bahwa adanya aturan dalam UU lain seperti Pasal 39 ayat (2) KUHAP dan Pasal 6 ayat (1) UU No. 19 Tahun 2000 telah mengesampingkan kedudukan sita umum. Ahli masing-masing bidang ilmu juga memiliki pandangan yang berbeda terkait kedudukan sita umum.  Kondisi ini berdampak pada munculnya pergesekan antara penegak hukum, inkonsistensi putusan hakim, lamanya proses kepailitan, terjadi ketidakadilan, ketidakjelasan data harta pailit, berkurang bahkan hilangnya harta pailit. Oleh sebab itu, pemahaman penegak hukum tentang asas hukum terutama asas lex specialis derogate legi generalis perlu ditingkatkan. Penggunaan lembaga sita jaminan dalam proses kepailitan harus disosialisasikan untuk memaksimalkan penguasaan terhadap harta pailit. Supaya proses kepailitan tidak berlarut-larut, UU kepailitan harusnya membatasi jangka waktu penyelesaian aset kepada kurator.


2014 ◽  
Vol 1 (2) ◽  
pp. 169
Author(s):  
Andri Winjaya Laksana ◽  
Suratman Suratman

Pornography is a crime that is privacy so that enforcement against the eradication of pornography there are many difficulties. One of the factors inhibiting the eradication of pornography among others due to lack of cooperation from the public and the various parties in reporting this crime. Criminal law enforcement have a tendency to be influenced by the structure of society, that is a constraint that allows the criminal law enforcement can be run and can provide barriers that lead to the enforcement of criminal law can’t be started or can't be maximize. As happens to the pros cons on current legislation Law No. 44 Year 2008 concerning the Crime pornography. This research method using normative juridical approach. Normative juridical research also called legal research library research is done by checking library materials or secondary data. The results of the study refers to Article 34 in conjunction with Article 8 of Law No. 44 Year 2008 on Pornography, (1) that the elements of the crime of pornography consists of Subjective elements that error, which means intentionally or consent was committed and objective elements that act ( be) which means that objects or models that contain pornographic content. (2) In the process of criminal investigations conducted pornography remains based on Criminal Procedure unless otherwise provided in the Act No. 44 of 2008


2019 ◽  
Vol 12 (1) ◽  
pp. 1
Author(s):  
Imran Imran

ABSTRAKDalam sistem peradilan pidana penanganan suatu kasus dimulai sejak kasus itu muncul, kemudian ditangani oleh polisi, hingga proses akhir dari penegakan hukum terletak pada putusan hakim. Putusan hakim dapat berupa menjatuhkan hukuman ataupun membebaskan seorang terdakwa. Dalam putusan hakim akan terlihat kemampuan hakim dalam mengonstruksi kasus sejak dakwaan dibacakan hingga pledoi diucapkan. Semua konstruksi hakim tersebut akan tergambar dalam pertimbangan-pertimbangan. Dalam pertimbangan tersebut akan terlihat apakah suatu putusan tersebut melanggar kode etik atau tidak. Apa yang terlihat dalam dua putusan hakim yang dikeluarkan oleh Pengadilan Negeri Tobelo, mencerminkan adanya persoalan ketika seorang terdakwa dua kali dihukum oleh majelis hakim yang sama untuk perbuatan yang sama pula. Hal inilah yang kemudian menjadi rumusan masalah, apakah putusan tersebut melanggar Kode Etik dan Pedoman Perilaku Hakim atau tidak? Dengan menggunakan metode penelitian hukum normatif yang memfokuskan kajian pada data sekunder, maka akan terlihat bagaimana sesungguhnya dua putusan tersebut. Hasil dari penelitian ini menunjukkan telah terjadi pelanggaran Kode Etik dan Pedoman Perilaku Hakim yang dilakukan oleh majelis hakim.Kata kunci: kode etik dan pedoman perilaku hakim; sistem peradilan pidana; profesionalisme.  ABSTRACT In the criminal justice system, the handling of a case starts since the claim arises, then is handled by the police, until the final process of law enforcement, which lies in the judge's decision. Judges' decisions can be in the form of sentencing or acquitting a defendant. The ability of a judge to construct a case will appear in the decision from the time the indictment is read until the plea is pronounced. In these considerations, it will be seen whether the judge's decision violates the code of ethics or not. Two judges' decisions issued by the Tobelo District Court reflect the problem in which a defendant was twice sentenced by the same panel of judges for violating the same law. This is what then becomes the formula of the problem, whether the decision violates the Code of Ethics and Code of Conduct of Judges or not. By using normative legal research method focusing on secondary data construing, it will expose the fact of these two decisions. The results of this analysis indicate that there are violations of the Code of Ethics and Code of Conduct of Judges been committed by the panel of judges examining the case. Keywords: code of ethics and code of conduct of judges; criminal justice system; professionalism. 


2021 ◽  
Vol 5 (2) ◽  
pp. 273
Author(s):  
Sahuri Lasmadi

The International Criminal Police Organization has officially issued a global warning to law enforcement officials in 194 member countries to prepare to prevent and deal with various world criminal networks that will seek to utilize the Covid-19 vaccine, both physically. The online form is counterfeiting the Covid-19 vaccine. This study aims to analyze the criminal act of counterfeiting the Covid-19 vaccine from the Health Law in Indonesia. The research method used is the Normative Law research method, which examines library materials or secondary data. Normative legal research is also called doctrinal legal research.  The criminal act of counterfeiting the Covid-19 vaccine is generally regulated in Article 386 Paragraph 1 of the Criminal Code relating to acts of fraud and forgery. However, it is specifically regulated in the provisions regarding penalties for distributing fake vaccines in Indonesia as regulated in Articles 196, 197, 198, and 201 Act No. 36 of 2009 concerning health. The ingredients are everyone deliberately and producing and circulating counterfeit vaccine preparations. For the criminal act ofCovid-19 vaccine counterfeiting corporate, the corporation can be subject to additional penalties in the form of revocation of business licenses and revocation of legal entity status.


2018 ◽  
Vol 6 (2) ◽  
pp. 110
Author(s):  
Padrisan Jamba, Irene Svinarky

Batam City, which is one of the cities whose rules are slightly different from other cities inIndonesia, is about administrative procedures for land ownership registration, but for permits toallocate land, it is still held by the Batam Entrepreneurs Agency, abbreviated as BP Batam. InBatam City, the provision of KSB is actually given to residents due to various things. To get KSBthe community needs to fulfill the procedure first. This is what makes the writer interested intaking the title of Juridical Review of Ready-to-Build Courts in Batam City. The purpose of thispaper is to find out that the Ready-to-Build plot can be owned by land users (general public) inBatam City. The legal research method used in this study is normative legal research. Normativeresearch in it is also permitted to use scientific analysis of other sciences (including empiricalscience) to explain the legal facts examined by scientific work and juridical thinking (dankenjuridical). Retrieval Data used is by using secondary data, where documentation and recordingtechniques are through the file system. The Research Result for Ready-to-Build Plots in BatamCity may be owned by individuals, but the provision of KSB can be given to the community.People who get it while the people who get the plot still have not built a plot even though theprovisions in the temporary agreement agreed upon by the applicant with the BatamEntrepreneurial Agency the applicant must immediately build a building on the land.


2021 ◽  
Vol 3 (1) ◽  
pp. 139-154
Author(s):  
Edi Tuahta Putra Saragih ◽  
Muhammad Citra Ramadhan ◽  
Isnaini Isnaini

This research aimed to: (a) obtain the forms of copyright infringement of songs and/or music (with or without lyrics); (b) understand the role of the police, in this case the Police Precinct, in the law enforcement; (c) identify the factors that influenced the law enforcement. The research method used the normative-empirical legal research, with the initial stages of specifying norms in order to get the proper picture, and then specifying empirical events in order to get the real picture. The research results showed several matters: 1) The forms of copyright infringement of songs and/or music (with or without lyrics) found included: the distribution of the works or the copies, the performances of the works, and the announcements of the works; 2) Police Precinct did notultimately carry out their role as a law enforcer for the copyright infringement of songs and/or music (with or without lyrics); and 3) The factors that influenced the law enforcement on the copyright infringement of songs and/or music (with or without lyrics), namely: legislation factor, in the matter of complaint offenses; law enforcement factor, in terms of the capacity of members; less supportive factor of facilities and infrastructure; legal awareness factor, in the problem of the lack of legal counseling; and cultural factor, related to the differences in norms in the copyright law between those in society and those in regulations. 


2020 ◽  
Vol 1 (2) ◽  
pp. 35-39
Author(s):  
Efraim Mbomba Reda ◽  
I Nyoman Putu Budiartha ◽  
I Made Minggu Widyantara

Progressive law puts forward the sociology of law rather than legal certainty which is the focus of legal positivism. In Indonesia, this law was coined by Satjipto Rahardjo. This study aims to determine the formulation of progressive law in future criminal law, and to determine the actualization of the concept of progressive law in regulating corruption in Indonesia. The research method used is a normative legal research method with statute and conceptual approaches. The technique of collecting legal materials in this study is a descriptive method that aims to obtain the meaning of reality related to the problems to be discussed and solved in this study. The results show that in the current Criminal Code Bill, progressive law has been regulated, to be precise in Article 2 paragraph (1) and (2). Progressive law is also regulated in Law no. 48 of 2009 concerning Judicial Power. Then, the actualization of progressive law in regulating corruption in Indonesia is a judge with the powers that take into account the sociological context of society in making decisions. Judges, prosecutors and lawyers can certainly discuss together in eradicating corruption. Efforts are also being made to reconstruct and redefine the power of law enforcement. This arrangement can also encourage the KPK to be more progressive in eradicating corruption, as well as building law enforcers who have morality so that they can become role models and increase public participation, for example by forming NGOs in preventing or fighting corruption in various agencies.


2021 ◽  
Vol 2 (3) ◽  
pp. 558-562
Author(s):  
Dimas Putra Wicaksana ◽  
Agung Anak Sagung Laksmi Dewi ◽  
Luh Putu Suryani

The responsibility of the National Police in securing the candidates who will be elected as regional heads and also their deputy is a responsible action during the regional head elections, therefore the police apparatus is very important in maintaining security and order during the election. This study examines the form of security for candidates for regional heads and deputy regional heads in Denpasar City and explains the responsibility of the National Police for the security of candidates for regional heads and deputy regional heads in Denpasar City. The research method used is an empirical legal research method, with a statutory approach. The data used are primary and secondary data obtained by interview, observation and documentation techniques. The results of the study indicate that the security procedures for candidates who will be elected as regional heads and also their representatives in Denpasar City are referred to the rules implemented by the Denpasar Police and based on Article 5 paragraph (2) of Law No. 2 of 2002 concerning the Police. While the responsibility of the National Police for the security of candidates who will be elected as regional heads and also their representatives in Denpasar City is as the bearer of obligations, especially under the command of the Chief of Police, one of the main tasks of carrying out these obligations is the role of the Police as an intelligence unit in overcoming potential security disturbances.


LEGALITAS ◽  
2021 ◽  
Vol 5 (2) ◽  
pp. 104
Author(s):  
Muhammad Rezky Rinaldy Dan Syamsudin

Indonesia and even the world now feel the impact of the Corona virus outbreak (covid-19), in connection with it hindering the burial of the bodies of victims who died. The phenomenon of corpse rejection of corona virus patients (covid-19) continues to occur in various regions. In fact, the body must be buried immediately no later than 4 hours after being declared dead. The main reason people are reluctant to accept the bodies of patients co-19 because of fear of contracting. While the medical ensure that the body will not transmit the virus. The body in the coffin has been wrapped and declared sterile. The type of research used in this study is the type of normative legal research, which is a legal research method that uses a statutory approachThe results of the study showed that obstructing officers who will carry out official burials could indeed be convicted. Law enforcement officials can use Article 178 of the Criminal Code. not a complaint offense. Law enforcement officials can immediately take action without anyone complaining. "If the incident fulfills the elements contained in Article 178 of the Criminal Code, the perpetrators can be charged. However, it must look at intentions and actions as a condition for imposing a crime on someone.


2021 ◽  
Vol 8 (2) ◽  
pp. 193
Author(s):  
Mirza Nasution ◽  
Muhammad Yusrizal Adi Syaputra

The state is a social entity that consists of areas that have almost similar historical-cultural backgrounds. These areas have administrative divisions that are hierarchical in nature, where the division aims to accelerate the development and improvement of the area and the people in it. The research method used in this research is normative legal research method. The normative legal research method is a research method that looks for facts through the variables derived from the laws and regulations that are examined on their implementation and their effectiveness and shortcomings so that improvements and improvements can be made to these laws and regulations. Regional head elections are an inseparable part of a country that adheres to the principles of democracy and is even part of the characteristics of a democratic country.


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