scholarly journals Pertimbangan Hakim dalam Menjatuhkan Pidana terhadap Tindak Pidana Pencurian dengan Pemberatan yang Dilakukan oleh Anak

2020 ◽  
Vol 1 (1) ◽  
pp. 207-213
Author(s):  
Ida Bagus Agung Pariama Manuaba ◽  
I Nyoman Sujana ◽  
Ni Made Sukaryati Karma
Keyword(s):  
Research Method ◽  
Criminal Code ◽  
Legal Research ◽  
Conceptual Approach ◽  
Criminal Sanctions

Judge's considerations are matters which are the basis or are considered by the judge in deciding a crime case. Crime Theft is an act that is classified as a general crime in which a crime against the property of another person. Theft with weighting is a criminal act of theft which in its implementation is accompanied by certain elements so that it is more severe and threatened with higher penalties. Child is a person who is not yet eighteen (18) years old, including those who are still in the womb. In settling a child case, the judge must consider the report in the trial regarding the child concerned. This study aims to determine the criminal considerations and sanctions imposed by the judge on criminal theft with weighting carried out by children. This study uses a normative legal research method with a statutory approach, conceptual approach and case approach. The legal materials studied are primary legal materials, secondary legal materials and tertiary legal materials. The results of this study indicate the judge's judgment in imposing a crime against a child who commits a crime of theft by weighting it based on the elements of the crime committed as well as things that alleviate and incriminate the crime against the child. Criminal sanctions imposed by a judge against a child who commits an act of theft by weighting based on the Court's Decision and the provisions of Article 363 paragraph (1) of the 4th KtoP Jungto Article 65 paragraph (1) of the Criminal Code and other laws relating to the case state that the child is proven legally and convincingly guilty as well as convicting a child of seven months in prison.

scholarly journals Eksploitasi Anak Sebagai Pedagang Asongan ditinjau dari UU Perlindungan Anak pada Masa Pandemi Covid-19

2021 ◽  
Vol 2 (3) ◽  
pp. 667-672
Author(s):  
Cipta PutraI Ketut Wira Cipta Putra ◽  
Anak Agung Sagung Laksmi Dewi ◽  
Ni Made Sukaryati Karma
Keyword(s):  
Child Protection ◽  
Research Method ◽  
Criminal Code ◽  
Legal Research ◽  
Conceptual Approach ◽  
Legal Intervention ◽  
Criminal Sanctions ◽  
Recording Method ◽  
Child Exploitation

Legal arrangements for child exploitation during the Covid-19 pandemic have not yet been included in the Criminal Code (KUHP). So that parents who employ their children as hawkers are still free from legal snares and can easily justify economically. This study aims to examine the legal arrangements for perpetrators of criminal acts of child exploitation as hawkers and reveal criminal sanctions for perpetrators of acts of exploitation of children as hawkers during the Covid-19 pandemic. This research method uses normative legal research by applying a conceptual approach and legislation. The data used are primary, secondary and tertiary legal data obtained by the recording method. After the data has been collected, the next step is to process and analyze it in a systematic way with legal intervention. The results of the study show that legal arrangements for perpetrators of criminal acts of exploitation of children during the Covid-19 pandemic, one of which is child exploitation, are not specifically regulated in Article 13 of Law no. 35 of 2014 amendments to Law no. 23 of 2002 concerning Child Protection. Therefore, in this case there is a void of norms, but the crime of child exploitation based on the provisions of Article 103 of the Criminal Code states that crimes against children are a special crime. Related to criminal sanctions, they are sentenced to a maximum imprisonment of ten years or a maximum fine of Rp. 200,000,000.00 (two hundred million rupiah

scholarly journals Kewenangan Notaris terhadap Pembuatan Covernote

2020 ◽  
Vol 1 (2) ◽  
pp. 421-425
Author(s):  
I Made Ari Nurjaya ◽  
I Nyoman Sumardhika ◽  
Ida Ayu Putu Widiati
Keyword(s):  
Research Method ◽  
Land Ownership ◽  
Criminal Code ◽  
Legal Research ◽  
Conceptual Approach ◽  
Legal Consequence ◽  
Legal Consequences ◽  
Legal Product ◽  
Laws And Regulations

One of the legal products made by notary as a part of their authorities is a deed, both authentic deeds and underhand-made deeds. In addition to these deeds, a notary also has the authority to issue a certificate which is commonly referred to as a covernote. A certificate or covernote is a statement or note in the form of information confirming that a land ownership deed is in the process of a certificate making that is due to a process of roya, transfer of name of land ownership and splitting of one certificate into two. This study examines two issues related to notary authority, namely the basis for the notary’s authority in issuing a covernote and the legal consequences of making the covernote. This study uses a normative legal research method and a conceptual approach as well as a statutory approach. The results showed that the covernote issued by a notary was actually an ordinary certificate, not a legal product of a notary. Covernote only contains an explanation of the deed that is in the process of certification which has not been completed and will be completed within a period determined by the notary itself, so the covernote is not legally binding. The notary is authorized to make a covernote, but it is not regulated in the laws and regulations so that, if it is concluded, the covernote is not a legal product of a notary. The legal consequences for the notary if they fail to carry out the covernote, they can be held liable to solve them immediately. The legal consequence of not fulfilling the contents of the covernote is a violation of Article 1366 of the Criminal Code because notaries are considered negligent in carrying out their duties and authorities.

scholarly journals Kebijakan Formulasi Sanksi Pidana Kerja Sosial terhadap Orang Membuang Sampah Dari Kendaraan di Kota Jambi

Wajah Hukum ◽  
2021 ◽  
Vol 5 (2) ◽  
pp. 531
Author(s):  
Reza Iswanto
Keyword(s):  
Social Work ◽  
Research Method ◽  
Deterrent Effect ◽  
Legal Research ◽  
Conceptual Approach ◽  
Analysis Techniques ◽  
Criminal Sanctions ◽  
The People ◽  
The Future ◽  
The City

Garbage is a problem in people's lives, especially in the people of Jambi city, so it is necessary to deal with waste related to the waste itself. For this reason, there should be a re-arrangement related to sanctions for people who dispose of waste from vehicles. When viewed from the problem, the research method is normative legal research with a statutory approach and a conceptual approach. The research materials are primary, secondary and tertiary legal materials with data collection techniques using documentary studies and qualitative analysis techniques. The regulation of fines for people throwing garbage from vehicles is regulated in Article 46 paragraph (3) letter c Jambi City Regional Regulation Number 5 of 2020 concerning Waste Management. Then the implication of social work criminal sanctions for people throwing garbage from vehicles, namely providing a deterrent effect as well as giving lessons to perpetrators and the policy of formulating social work criminal sanctions for the future is that social work criminal sanctions should be applied in Jambi City Regional Regulation Number 5 of 2020 concerning Management Garbage because it is an effort to overcome so that in the future there will be no more people in the city of Jambi who throw garbage from their vehicles.

scholarly journals PENGATURAN PERUBAHAN GENRE MUSIK YANG DIUNGGAH MELALUI MEDIA SOSIAL BERDASARKAN UNDANG-UNDANG HAK CIPTA

2020 ◽  
Vol 9 (1) ◽  
pp. 121
Author(s):  
Pebrianti Kumala Dewi ◽  
Ida Ayu Sukihana
Keyword(s):  
Social Media ◽  
Research Method ◽  
Musical Work ◽  
Legal Research ◽  
Conceptual Approach ◽  
Criminal Sanctions ◽  
Music Genres ◽  
Article 9 ◽  
Music Genre ◽  
Musical Genres

Studi ini bertujuan untuk menganalisa pengaturan perubahan genre musik yang diunggah melalui media sosial “berdasarkan Undang-undang Nomor 28 Tahun 2014 tentang Hak Cipta” serta untuk menganalisa dan memahami sanksi bagi pelaku yang pelanggar perubahan genre musik yang diunggah melalui media sosial. Penelitian yang digunakan yaitu dengan metode penelitian hukum normatif karena “menggunakan pendekatan perundang-undangan dan pendekatan konsep.” Kesimpulannya bahwa pengaturan tentang perubahan genre atau aliran musik belum secara tegas diatur pada Undang-Undang Nomor 28 Tahun 2014 Tentang Hak Cipta hanya dijelaskan, namun kegitatan mengaransemen suatu karya musik atau lagu ini terdapat dalam Undang-Undang Nomor 28 Tahun 2014 Tentang Hak Cipta yaitu dalam penjelasan Pasal 8 dan Pasal 9 serta sanksi bagi pelanggar yang mengubah genre music dan diunggah di sosial media ialah berupa sanksi pidana dan denda yang diatur dalam ketentuan Pasal 113 ayat 3 Undang-Undang Nomor 28 tahun 2018 Tentang Hak Cipta. This study aims to analyze the regulation of changing music genres uploaded via social media "based on Law Number 28 of 2014 concerning Copyright" and to analyze and understand the sanctions for perpetrators who violate changes in music genres uploaded via social media. The research used is the normative legal research method because it "uses a statutory approach and a conceptual approach." The conclusion is that the regulation regarding changes in musical genres or genres has not been explicitly regulated in Law Number 28 of 2014 concerning Copyright is only explained, but the activities of arranging a musical work or song are contained in Law Number 28 of 2014 concerning Copyright, namely in the explanation of Article 8 and Article 9 as well as sanctions for violators who change the music genre and uploaded on social media are in the form of criminal sanctions and fines as regulated in the provisions of Article 113 paragraph 3 of Law Number 28 of 2018 concerning Copyright.

scholarly journals Sengketa dalam Perkawinan Kedua Tanpa Izin Istri Pertama

2021 ◽  
Vol 2 (3) ◽  
pp. 490-495
Author(s):  
I Gede Agus Dedy Andika ◽  
I Nyoman Gede Sugiartha ◽  
Ni Made Puspasutari Ujianti
Keyword(s):  
Research Method ◽  
Criminal Code ◽  
Legal Research ◽  
Secondary Sources ◽  
Criminal Sanctions ◽  
Legal Provisions ◽  
Legal Consequence ◽  
Materials Used ◽  
Incorrect Information ◽  
Legal Consequences

Marriage according to Law Number 1 of 1974 concerning Marriage is an inner and outer bond between a man and a woman to form a happy household. The authority of polygamy is not absolute in the hands of the husband, but there are other conditions that must be met, namely obtaining permission from the judge (court). The purposes of this study are to analyze the regulation of criminal sanctions in a second marriage without the permission of the first wife and the legal consequences of a second marriage that does not meet the applicable legal provisions. This study uses a normative legal research method with a statutory approach. Sources of legal materials used are primary and secondary sources of legal materials. Data collection techniques were carried out by examining existing library materials which were then analyzed systematically. The results of the study reveal that criminal sanctions are given in the second marriage without providing incorrect information based on the criminal provisions in PP No. 9 of 1975 which is a lex specialis of the Criminal Code. The legal consequence of the second marriage is that if the husband has remarried or is polygamous without the knowledge of the first wife, the first wife can sue by submitting a request for annulment of the marriage contained in Articles 22-29 of the Marriage Law.

scholarly journals Pertanggungjawaban Pidana Terhadap Pelaku yang Melakukan Perbuatan Menyuruh Anak sebagai Pengemis

2021 ◽  
Vol 2 (3) ◽  
pp. 646-650
Author(s):  
Ni Nyoman Ayu Ratih Ganitri ◽  
I Nyoman Putu Budiartha ◽  
Luh Putu Suryani
Keyword(s):  
Data Collection ◽  
Child Protection ◽  
Research Method ◽  
Criminal Liability ◽  
Criminal Code ◽  
Public Order ◽  
Literature Study ◽  
Legal Research ◽  
Conceptual Approach

Children are not only actively involved as beggars, but toddlers are also passively involved, where children under the age of two are carried in pathetic conditions to make other people feel sad and sorry, thus giving them money. This study aims to explain the qualifications of criminal acts of perpetrators who order children as beggars and examine criminal liability for perpetrators who commit acts of ordering children as beggars. This study used a normative legal research method with a problem and conceptual approach. Sources of data used were primary and secondary legal data. Data collection was done through a literature study by taking notes. The results of the study revealed that the act of begging is categorized as a violation of public order as regulated in Article 504 of the Criminal Code. Doing the act of ordering children as beggars can be classified as a crime and also as an act of violation. Everyone is prohibited from exploiting children in any form as regulated in Article 301 of the Criminal Code junto Article 76I and Article 88 of Law no. 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection.

scholarly journals CAUSES OF RADICALISM BASED ON TERRORISM IN ASPECT OF CRIMINAL LAW POLICY IN INDONESIA

2019 ◽  
Vol 8 (2) ◽  
pp. 196
Author(s):  
Fitri Wahyuni
Keyword(s):  
Criminal Law ◽  
Capital Punishment ◽  
Justice System ◽  
Research Method ◽  
Deterrent Effect ◽  
Legal Research ◽  
Conceptual Approach ◽  
Counter Terrorism ◽  
Criminal Sanctions ◽  
The Many

The phenomenon of radicalism based on terrorism in Indonesia shows a frightening symptom. This can be seen from a number of events that took place in several cities in Indonesia which took action in the name of acts of terror or terrorism such as the 2nd Bali Bombing which killed 22 people and 102 injured. The JW Marriot and Ritz Calton Hotel bombings in 2009 killed nine people and 50 people were injured and the Sarinah Plaza Bomb Jl. MH Thamrin Jakarta on January 14, 2016. With the many actions in the name of terrorism, it is necessary to take steps to anticipate similar actions not being repeated back. This study wants to examine and analyze further about efforts to counter terrorism-based radicalism in Indonesia through criminal law policy. The research method used is normative legal research, namely legal research conducted by examining library materials or secondary legal material while the problem approach is carried out using a legal approach and conceptual approach. The policy in counteracting terrorism in Indonesia is carried out through criminal law policies, namely criminal law policies through means of reasoning and non-reasoning. Penal means in the form of granting criminal sanctions for perpetrators of terrorism with the threat of imprisonment to the most severe threat in the form of capital punishment. But this effort has not provided a deterrent effect for the perpetrators. In criminal law, punishment is not an end in itself and is not the only way to achieve criminal objectives or objectives of the criminal justice system. Therefore another effort is needed which in criminal law is known as a non-reasoning effort.

scholarly journals Tinjauan Yuridis Terhadap Tindak Pidana Pemalsuan Uang Kertas Rupiah di Indonesia

2021 ◽  
Vol 2 (3) ◽  
pp. 442-446
Author(s):  
Dinda Dian Pratiwi ◽  
I Nyoman Gede Sugiartha ◽  
Luh Putu Suryani
Keyword(s):  
Science And Technology ◽  
Criminal Code ◽  
Legal Research ◽  
Conceptual Approach ◽  
Literature Research ◽  
Criminal Sanctions ◽  
Legal Arguments ◽  
The Law

Humans need money to be able to meet their needs. Money has a very important role, this causes some people to try to have money in a way that is against the law. With the help of science and technology, it can make it easier for humans to do counterfeiting rupiah banknotes. The purpose of this research is to reveal the regulation of the criminal act of counterfeiting rupiah banknotes in Indonesia and criminal sanctions against the criminal act of counterfeiting rupiah banknotes in Indonesia. The type of research is normative legal research with a conceptual approach that is outlined descriptively with legal arguments. The collection of legal materials is done by means of a literature research. Sources of data used are primary, secondary and tertiary sources of legal material and analyzed systematically. The results of the research reveal that the regulation of criminal acts of counterfeiting rupiah banknotes in Indonesia is regulated in Article 11 of Law Number 7 of 2011 concerning Currency concerning Bank Indonesia is an institution authorized to manage rupiah currency and Article 26 paragraph (1) of Law Number 7 The year 2011 concerning Currency regulates the prohibition against counterfeiting rupiah currency. In addition, it is regulated in Article 244 of the Criminal Code which prohibits criminal acts of counterfeiting money, if violated, sanctions will be imposed according to applicable regulations. Criminal sanctions for counterfeiting rupiah banknotes in Indonesia are contained in Article 36 paragraph (1) of Law Number 7 of 2011 concerning Currency and Article 244 of the Criminal Code

scholarly journals Pertimbangan Hakim dalam Putusan Perkara Penadaan Mobil

2021 ◽  
Vol 2 (2) ◽  
pp. 241-245
Author(s):  
Ida Bagus Mayun Andika Putra ◽  
Nyoman Gede Sugiartha ◽  
I Nyoman Subarnia
Keyword(s):  
Research Method ◽  
Motor Vehicle ◽  
Criminal Code ◽  
Criminal Sanction ◽  
Motor Vehicle Theft ◽  
Conceptual Approach ◽  
Secondary Sources ◽  
Criminal Sanctions ◽  
Vehicle Production ◽  
Materials Used

Cases in vehicle catching often occur given the increasing number of vehicle production increases. Someone commits the crime of motor vehicle theft because they want to own it, but the economy does not allow it to buy legally. One of the efforts to realize this is through restructuring because the price is much cheaper than the official price. The purpose of this research is to reveal the judges' considerations in the decision of car arresting cases and the criminal sanctions for car arresting offenders. The research method used is a normative research method with a conceptual approach and a case approach. The sources of legal materials used are primary and secondary sources of law. The technique of collecting legal materials is done by recording, quoting, reading, and summarizing the literature that refers to the judge's consideration in the decision of the car arresting case. After the legal materials are collected, they are analyzed systematically. The results of the study reveal that Article 480 of the Criminal Code is used as a criminal sanction for detention if the defendant is found guilty.

scholarly journals Pemidanaan bagi Pelaku Tindak Pidana Perkosaan terhadap Penyandang Disabilitas

2020 ◽  
Vol 1 (1) ◽  
pp. 7-12
Author(s):  
A.A. Kompiang Dhipa Aditya ◽  
I Nyoman Gede Sugiartha ◽  
Ni Made Sukaryati Karma
Keyword(s):  
Legal Protection ◽  
Criminal Code ◽  
Rape Victims ◽  
Legal Research ◽  
Conceptual Approach ◽  
Persons With Disabilities ◽  
Criminal Sanctions ◽  
Normal People ◽  
Poor Treatment ◽  
Article 5

Persons with disabilities refer to people who have physical, intellectual, mental, or sensory deficiencies so that in living their lives they find hindrances, as an opposite to normal people. Oftentimes the persons with disabilities receive poor treatment in society, be it discriminatory treatment or criminal acts, one of which is rape. Unfortunately, criminal sanctions for perpetrators of rape against persons with disabilities in Indonesia have not been explicitly regulated. Grounded with this phenomenon, this study examines the legal protection for persons with disabilities as victims of the criminal act of rape and sanctions for the perpetrators of the said criminal acts. To achieve these goals, this study was conducted using a normative legal research method with a conceptual approach and a case approach. Legal protection for persons with disabilities is contained in Article 3 and Article 5 Paragraph (2) of Law Number 8 of 2016 which regulates the rights and legal protection for persons with disabilities as victims of criminal acts. Protection for the rape victims takes the form of restitution and rehabilitation assistance. Sanctions for the perpetrators of the criminal act of rape against persons with disabilities have not been regulated strictly. In the Criminal Code, the criminal acts of rape are regulated in general sphere that is in Articles 285, 286, 287, 288. Thus, the legal protection for persons with disabilities aims to safeguard and maintain the persons with disabilities from the criminal acts of rape. In the Cassation Decision Number 736K/PID/2013 PN Cn, the sanction for perpetrators of rape against persons with disabilities is the imposition of sanctions in the provisions of Article 285 of the Criminal Code.

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