scholarly journals Efektivitas Penertiban Parkir Liar di Kawasan Obyek Wisata Ubud

2021 ◽  
Vol 2 (1) ◽  
pp. 207-212
Author(s):  
Pande Putu Gede Parwata ◽  
Ida Ayu Putu Widiati ◽  
I Wayan Artanaya
Keyword(s):  
Law Enforcement ◽  
Law Enforcement Officers ◽  
Road User ◽  
Sociology Of Law ◽  
Road Transportation ◽  
Legal Research ◽  
User Community ◽  
The Road ◽  
Object Area

The problem of illegal parking that occurs in the tourist area of ​​Ubud has prompted the Gianyar Regency Government to issue a Gianyar Regent Regulation Number 57 of 2018 concerning the Management and Engineering of Traffic and Road Transportation and Parking in the Ubud Tourism Area. This study aims to determine the effectiveness of the Gianyar Regent Regulation Number 57 of 2018 concerning the Management and Engineering of Traffic and Road Transportation and Parking in the Ubud Tourism Area and to determine the application of sanctions against illegal parking prohibitions in the Ubud Tourism Object area. This research is an empirical legal research. The approach to the problem used is the sociology of law approach. Based on the results of the study, the parked vehicles are not properly organized due to the lack of parking arrangements that occur in the tourist area of ​​Ubud. The application of sanctions against the prohibition of illegal parking in the tourist area of ​​Ubud is carried out, starting from giving warnings for breaking tires, towing the transportation of violating vehicles to tickets. Thus, law enforcement officers should be more assertive in effectively implementing the prohibition on illegal parking on the shoulder of the Ubud road area. The road user community should be pro-active towards the applicable regulations. People who obey the rules should not only be there when there are traffic officers, but also obey the rules when there is no guard.

scholarly journals Konsepsi Hukum Progresif dalam Pengaturan Tindak Pidana Korupsi di Indonesia

2020 ◽  
Vol 1 (2) ◽  
pp. 35-39
Author(s):  
Efraim Mbomba Reda ◽  
I Nyoman Putu Budiartha ◽  
I Made Minggu Widyantara
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Role Models ◽  
Research Method ◽  
Criminal Code ◽  
Legal Positivism ◽  
Sociology Of Law ◽  
Legal Certainty ◽  
Legal Research ◽  
Descriptive Method

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.

scholarly journals PENDEKATAN RESTORATIF DALAM PENJATUHAN SANKSI TINDAKAN BAGI ANAK YANG BERKONFLIK DENGAN HUKUM

2019 ◽  
Vol 2 (2) ◽  
pp. 129-143
Author(s):  
Citra
Keyword(s):  
Law Enforcement ◽  
Justice System ◽  
Character Development ◽  
Law Enforcement Officers ◽  
Early Age ◽  
Legal Research ◽  
Criminal Offenses ◽  
The World ◽  
The Future ◽  
The Law

Children are the next generation of the nation, the existence of children is very important because the child is a potential fate of the nation as well as a mirror attitude of life of the nation in the future. A child who is a superior seed and has the widest hope to prepare for his future as a milestone of success of a nation in the future should not fall in the world of evil. It is unfortunate that children at an early age have been involved in criminal offenses and past their youth behind bars, increasingly contaminated with other inmates. This research was empirical legal research, that is the research on the provisions of the legislation in the national law concerning restorative approach in the imposition of action sanctions against children in conflict with law in order to keep children away from imprisonment and negative stigma in society . Addressing the issue of a child in conflict with the law should be done in a familial approach and avoiding children from prison as much as possible. The sanction of action for the child contained in Article 82 of Law Number 11 of 2012 on Criminal Justice System for Children expected to prevent the child from the negative stigma in society and keep the children from bad effects of prison. Thus the current restorative model of punishment is more applicable in handling child offenders. It is expected that law enforcement officers to pay attention to the provisions of the rules that apply to children in conflict with the law in terms of imposition of more sanctions toward education and character development of children so that the threat of imprisonment becomes the last alternative in imposing sanctions for children

scholarly journals Kewenangan Aparat Kepolisian dalam Pengawalan Konvoi Kendaraan Bermotor Berukuran Besar di Jalan Raya

2020 ◽  
Vol 1 (2) ◽  
pp. 399-403
Author(s):  
I Made Adi Putra ◽  
I Nyoman Putu Budiartha ◽  
I Ketut Sukadana
Keyword(s):  
Public Interest ◽  
Legal Issues ◽  
Road Transportation ◽  
Legal Research ◽  
Traffic Signs ◽  
The Public ◽  
The Road ◽  
The Republic ◽  
On The Road ◽  
National Police

It is common for a large motorbike convoy to cause accidents, both between large motorbike riders and other vehicle riders. This is due to the fact that the speed of the large-sized motorbikes itself can be said to be quite fast, coupled with the behavior of some of these riders who sometimes like to run red lights and put aside the traffic signs, which often results in accidents. Based on this factual background, the legal issues examined in this study are: What is the authority of the police in escorting large motorbike convoys and what is the responsibility of the police in implementing the convoy when accident victims occur on the road. The type of research used in this research is normative legal research. The results of this research are that the authority of the police apparatus in providing escort for large motorbike convoys is the provision of Article 14 letters a and 18 paragraph (1) of Law no. 2 of 2002 concerning the National Police of the Republic of Indonesia and Article 12 letter e of Law No. 22 of 2009. These provisions basically constitute the authority of the police apparatus to carry out the regulation, guarding, escort and patrol of community and government activities as needed, and to give the authority to act according to their own judgment in the public interest. The responsibility of the police is to carry out the convoy in the event of a victim of an accident on the highway in order to maintain order and ensure security, safety, orderliness and smoothness of road transportation.

scholarly journals Malpractice Advocate Profession in Indonesia

2020 ◽  
Vol 7 (8) ◽  
pp. 477
Author(s):  
Yayan Riyanto ◽  
Made Warka ◽  
Hufron Hufron
Keyword(s):  
Law Enforcement ◽  
Code Of Conduct ◽  
Law Enforcement Officers ◽  
Professional Standards ◽  
Legal Philosophy ◽  
Ethical Responsibility ◽  
Legal Services ◽  
Sociological Perspective ◽  
Legal Research ◽  
Applicable Law

Juridically, there is no clear and firm regulation related to the understanding and qualifications of malpractice advocates in Indonesia (there is a legal vacuum), but theoretically there have been many concepts and doctrines relating to legal malpractice, especially advocacy malpractice. In a sociological perspective, there have been many cases of advocacy malpractice that have emerged in the implementation of advocate practices in Indonesia. Meanwhile, in the perspective of legal philosophy, advocates as a noble legal profession (officium nobile) have no fair and certain formula for handling and settlement, both for clients who receive bad service from advocates and for advocates themselves as law enforcement officers. Based on the juridical, sociological, theoretical and philosophical reasons above, it is considered important to discuss the qualifications of an act including the malpractice of the Advocate profession and the forms of accountability of the advocate profession for advocacy malpractice cases. Therefore, this research uses normative legal research. Based on the results of the discussion, this study has the conclusion that the qualifications or parameters of the malpractice act of an advocate, if it meets the following requirements: (1) The existence of legal services provided by an advocate (rights and obligations); (2) Legal services are provided in: (a) below the applicable professional standards; (b) awarded in violation of the "fiduciary" obligation of the advocate; (c) defaults on contracts for providing legal services, or; (d) provided in a manner contrary to applicable law and code of conduct; (3) The advocate's actions take the form of acts against the law (intentional or negligence); (4) There are losses to the client; and (5) The loss is caused by the act of providing legal services by the advocate. There are three forms of advocacy accountability, namely ethical responsibility, juridical responsibility and disciplinary responsibility.

scholarly journals LAW ENFORCEMENT ANALYSIS REGULATIONS FOR USING TELEPHONE WHILE DRIVING AGAINST ONLINE OJEK IN BANDAR LAMPUNG

2021 ◽  
Vol 2 (1) ◽  
pp. 49-58
Author(s):  
Rissa Afni Martinouva
Keyword(s):  
Law Enforcement ◽  
Public Transportation ◽  
Legal Protection ◽  
Analysis Data ◽  
Road Transportation ◽  
The Road ◽  
Road Users ◽  
Communication Device ◽  
On The Road ◽  
Motorcycle Taxi

Road users other than online public transportation must also be given legal protection and together enjoy the convenience of traffic facilities. Drivers are required to concentrate while driving a vehicle. This is regulated in Law Number 22 of 2009 concerning Road Transportation Traffic, Article 106 that everyone driving a motorized vehicle on the road is obliged to drive his vehicle fairly and with full concentration. The observations made were that attaching a communication device to online public transportation proved that the telephone was used while driving a vehicle. Communicating by telephone while driving a vehicle will cause an accident that will harm other road users. This study discusses the regulations for using the telephone while driving against online motorcycle taxis and law enforcement analysis the regulations for using the telephone while driving against online motorcycle taxis in Bandar Lampung. The results showed the telephone regulations while driving to online motorcycle taxis in Bandar Lampung were Permenhub No. 12 of 2019 Article 4, Article 6, Article 17, Article 18, and Article 19. The results of the analysis of law enforcement on the use of telephones while driving in the form of online motorcycle taxis to contact consumers on their way to the location 3 (three) times, namely 32% (thirty-two per cent) and the intensity of online motorcycle taxis to contact consumers more than 3 (three) times, namely 27% (twenty-seven percent). The analysis data has proven that the intensity of contacting passengers is very much done while driving. Online motorcycle taxi drivers do not obey the rules because they communicate more by telephone while driving.

scholarly journals PENENGGELAMAN KAPAL TERKAIT TINDAK PIDANA ILLEGAL FISHING SEBELUM ADANYA PUTUSAN PENGADILAN YANG BERKEKUATAN HUKUM TETAP

2020 ◽  
Vol 4 (2) ◽  
pp. 130-144
Author(s):  
Banan Prasetya
Keyword(s):  
Law Enforcement ◽  
Law Enforcement Officers ◽  
Court Decision ◽  
Legal Research ◽  
Indonesian Government ◽  
Illegal Fishing ◽  
Fishing Vessels ◽  
The Status ◽  
Legal Consequences ◽  
Legal Force

ABSTRACTThis research will be reviewed by the legal facts of the act of sinking illegal fishing vessels conducted by law enforcement officers or fisheries investigators in the Indonesian Fisheries Waters. The sinking of ships was carried out given the increasingly widespread theft of fish by foreign ships. An interesting legal issue to explore is about the sinking of illegal fishing vessels in a review of Indonesia's legal perspective. The purpose of this study is to analyse the sinking of ships related to the crime of illegal fishing before a court decision has permanent legal force, whether it is following applicable law. The next objective is to analyse the legal consequences of the ship sinking in the practice of enforcing illegal fishing criminal acts before a court decision has permanent legal force. This research is legal research with normative legal research type so that the analysis method used is a qualitative study that is built based on legal arguments to answer the problematic issues of this research law. The results showed that the act of sinking illegal fishing vessels in Indonesian fisheries waters by law enforcement officers or Indonesian fisheries investigators, normatively dogmatically, was following the provisions of Indonesian national law, which had been informed in Article 69 Paragraph 4 of Law Number 45 the Year 2009 regarding Fisheries, has also been by the provisions of international law, as regulated in Article 73 of UNCLOS 1982. Furthermore, the legal consequences of the sinking of illegal fishing vessels before the existence of a court decision have permanent legal force, normatively, has juridical implications on three things, namely: First, after the sinking of illegal fishing vessels became the basis for law enforcement officers or fisheries investigators to conduct further investigations within the formal criminal law enforcement framework; Second, the sinking of the ship has a legal effect on the status of the ship that sunk into status as evidence of the proceeds of crime or criminal acts that can be confiscated; Third, the sinking of the illegal fishing vessel has legal implications on the offender who can be subject to the status of a suspect and can even be raised to the status of a defendant of an illegal fishing crime. The author recommends that the Indonesian government through the foreign ministry should make diplomatic efforts to the international community to urge the United Nations to make illegal fishing a transnational crime. The procedure of permanent sinking of illegal fishing vessels, should not only be limited to the regulations of the Director-General of Fisheries but by the Indonesian government in the form of special legislation. Kata Kunci: Penenggelaman Kapal, Illegal Fishing, dan Penegakan Hukum 

ASSESSMENT OF INTERACTION OF ROAD-TRANSPORTATION COMPLEX OBJECTS IN PURPOSE TO ENSURE «ZERO MORTALITY»

2021 ◽  
Vol 74 (3) ◽  
pp. 57-64
Author(s):  
E.V. KURAKINA ◽  
Keyword(s):  
Road Safety ◽  
Traffic Accidents ◽  
Systematic Approach ◽  
Road Traffic ◽  
Road Transport ◽  
Road User ◽  
Road Transportation ◽  
Complex Objects ◽  
The Road ◽  
Transport Complex

The article assesses the interaction of objects of the road transport complex, presents a sys-tematic approach aimed at developing effective and targeted solutions in the field of road safety, reducing accidents and achieving «zero mortality». The necessity of a systematic approach to en-suring research of places of concentration of road traffic accidents, interacting connections, fac-tors and causes of their occurrence in the proposed system «road user - vehicle - road network - ex-ternal environment» is substantiated.

scholarly journals PELAKSANAAN TERTIB BERLALU LINTAS TERHADAP PEMAKAIAN HELM BAGI MAHASISWA PENGENDARA SEPEDA MOTOR DI DALAM AREA KAMPUS UNIVERSITAS LANCANG KUNING MENURUT UNDANG-UNDANG NOMOR 22 TAHUN 2009

2019 ◽  
Vol 1 (02) ◽  
pp. 189-197
Author(s):  
Rizana Rizana ◽  
Ade Pratiwi Susanty ◽  
Andrew Shandy Utama
Keyword(s):  
Law Enforcement ◽  
National Standard ◽  
Road Transportation ◽  
Legal Research ◽  
Traffic Conditions ◽  
Inhibiting Factor

Berdasarkan Pasal 106 Ayat (8) Undang-Undang Nomor 22 Tahun 2009 tentang Lalu Lintas dan Angkutan Jalan ditegaskan bahwa setiap orang yang mengemudikan sepeda motor dan penumpang sepeda motor wajib mengenakan helm yang memenuhi Standar Nasional Indonesia. Penelitian ini bertujuan untuk menjelaskan pelaksanaan tertib berlalu lintas terhadap pemakaian helm bagi mahasiswa pengendara sepeda motor di dalam area kampus Universitas Lancang Kuning menurut Undang-Undang Nomor 22 Tahun 2009 tentang Lalu Lintas dan Angkutan Jalan. Metode yang digunakan dalam penelitian ini adalah penelitian hukum sosiologis. Pelaksanaan tertib berlalu lintas terhadap pemakaian helm bagi mahasiswa pengendara sepeda motor di dalam area kampus Universitas Lancang Kuning belum terlaksana. Faktor yang menghambat adalah belum adanya peraturan internal di Universitas Lancang Kuning yang mewajibkan mahasiswa untuk memakai helm pada saat mengendarai sepeda motor di dalam area kampus. Meskipun dalam Undang-Undang Nomor 22 Tahun 2009 tentang Lalu Lintas dan Angkutan Jalan telah diatur mengenai sanksi bagi pengendara sepeda motor yang tidak memakai helm, tetapi penegakan hukum pelanggaran tertib berlalu lintas terhadap pemakaian helm bagi mahasiswa pengendara sepeda motor di dalam area kampus Universitas Lancang Kuning belum pernah diterapkan.    IMPLEMENTATION OF TRAFFIC CONDITIONS FOR THE WEARING OF HELMET FOR STUDENT RIDERS MOTORCYCLES IN CAMPUS AREA LANCANG KUNING UNIVERSITY ACCORDING TO LAW NUMBER 22 OF 2009 Based on Article 106 Paragraph (8) of Law Number 22 of 2009 concerning Traffic and Road Transportation, it is stated that every person driving a motorcycle and motorbike passengers are required to wear a helmet that meets the Indonesian National Standard. This research aims to explain the implementation of orderly traffic to the use of helmets for students who ride motorbikes in the campus area of Lancang Kuning University according to Law Number 22 of 2009 concerning Traffic and Road Transportation. The method used in this research is socio-legal research. The implementation of traffic order on the use of helmets for students riding motorbikes in the campus area of Lancang Kuning University hasn’t yet been implemented. The inhibiting factor is the absence of an internal regulation at Lancang Kuning University which requires students to wear a helmet when riding a motorcycle in the campus area. Although Law Number 22 of 2009 concerning Traffic and Road Transportation has stipulated sanctions for motorcyclists who don’t wear helmets, law enforcement of traffic order violations against the use of helmets for student motorcyclists within the campus area of ​​Lancang Kuning University has never been implemented.  

scholarly journals Perlindungan Merek sebagai Hak Kekayaan Intelektual: Studi di Kota Semarang, Indonesia

2021 ◽  
Vol 23 (1) ◽  
pp. 41
Author(s):  
Wizna Gania Balqis
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Research Method ◽  
Legal Protection ◽  
Law Enforcement Officers ◽  
Civil Servant ◽  
Creative Economy ◽  
Legal Research ◽  
Sociological Approach ◽  
Trademark Infringement

The products produced by the creative economy will never be separated from the intellectual property in it, especially brands. However, the problem is that there are still many creative economy actors who do not register their product brands. This study uses a socio-legal research method with a statutory approach and a sociological approach. The results of this study indicate that a new brand will occur after the brand has been registered. Legal protection for creative economy product brands can be in the form of preventive protection and repressive protection. Preventive protection is provided by preventing the occurrence of trademark infringement to encourage trademark owners to register their trademarks to be legally protected. Meanwhile, repressive protection is carried out to deal with violations of trademark rights under applicable laws and regulations through judicial institutions and other law enforcement officers such as the police, Civil Servant Investigators, and the prosecutor's office to take action against violations of trademark rights. In the case of a request for violation of trademark rights, it is filed through the Ministry of Law and Human Rights.

scholarly journals Penegakan Hukum terhadap Pengendara Motor yang Tidak Menggunakan Helm saat Berpakaian Adat Bali di Wilayah Hukum Polres Tabanan

2020 ◽  
Vol 1 (1) ◽  
pp. 168-172
Author(s):  
Ni Made Yuli Ratna Dewi ◽  
I Nyoman Putu Budiartha ◽  
I Ketut Sukadana
Keyword(s):  
Law Enforcement ◽  
Public Awareness ◽  
Road Transportation ◽  
Structured Interviews ◽  
Traffic Police ◽  
The Road ◽  
Community Awareness ◽  
Police Personnel ◽  
On The Road

National integrity and development are strongly supported by the role of traffic and road transportation as a step to improve the welfare of the community. For those who ride motorbikes are required to use a helmet as a cycling equipment as stipulated in article 106 paragraph 8 of Law Number 22 Year 2009 concerning Traffic and Road Transportation. But there is a difference when someone who rides a special motorcycle wearing traditional Balinese clothes. The purpose of this research is to analyze the level of compliance of motorcycle riders in using helmets and analyze the obstacles of the police in upholding the law against violations while dressed in Balinese custom. The method used in this study is an empirical legal approach which is done by interacting directly with the object under study with a sociological and legislative approach. The technique used in collecting data is semi-structured interviews. The results of this study indicate that the level of compliance of the Tabanan community in traffic is still low because seen from data from 2016 to 2018 the number of violations tends to increase with the number of violations in 2016 as many as 1394 in 2017 as many as 1186 and in 2018 as many as 2424 violators. Even though in 2017 there has been a reduction in violations, it can still be said that the number of violations not wearing helmets in Tabanan Regency remains high, this reflects that the level of community awareness in Tabanan is still low. 2) The obstacles of the police in law enforcement against violations when dressed in Balinese custom are the lack of public awareness about understanding driving on the road, lack of facilities and infrastructure, lack of traffic police personnel.

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