scholarly journals Pertanggungjawaban Pidana terhadap Penganiayaan yang Dilakukan Anak kepada Orang Tua Ditinjau dalam Perspektif HAM

2021 ◽  
Vol 2 (1) ◽  
pp. 172-176
Author(s):  
I Wayan Ogi Wiryawan ◽  
I Made Minggu Widyantara ◽  
Luh Putu Suryani
Keyword(s):  
Secondary Data ◽  
Deterrent Effect ◽  
Primary Data ◽  
Legal Research ◽  
Conceptual Approach ◽  
Internal Factors ◽  
Legal Rules ◽  
Criminal Sanctions ◽  
Two Factors ◽  
A Minor

At present, abuse of parents by children, often occurs in the community which is commonly referred to as child abuse against parents. Children become cruel due to two factors, namely internal factors and external factors so that they are desperate to commit inhumane behavior towards their own parents. This case is also a violation of human rights that must be enforced. However, a child cannot be convicted of being underage. This study aims to analyze the criminal arrangements for minors who commit crimes against parents and explain the criminal sanctions given to a child who commits a criminal act of molestation. The research method used is normative legal research using a statutory approach as well as a conceptual approach. The data used are primary data, namely legal rules that are sorted systematically consisting of legislation, while secondary data consists of books, texts, principles and writings on laws related to persecution. There is also a form of writing in this research. The results of this study indicate that children can still be subject to criminal sanctions but can also be subject to sanctions in the form of fostering sanctions by related agencies. The child in this case who commits the crime of abuse is a minor, the punishment is different from ordinary punishment where child punishment is aimed at fostering the child and not focusing on the deterrent effect of the criminal.

scholarly journals Modus Operandi Tindak Pidana Phising Menurut UU ITE

2021 ◽  
Vol 4 (6) ◽  
pp. 2525
Author(s):  
Vikran Fasyadhiyaksa Putra Y
Keyword(s):  
Secondary Data ◽  
Point Of View ◽  
Legal Issues ◽  
Legal Research ◽  
Conceptual Approach ◽  
Modus Operandi ◽  
Legal Principles ◽  
Legal Rules ◽  
The Law

AbstractPhishing is an act to commit fraud by tricking the target with the intention of stealing the target's account, by spreading broadcasts which are often carried out through fake emails with fake information that directs the target to a fake page to trap the target so that the perpetrator gets access to the victim's account. Phishing still has some obscurity, especially in the modus operandi of the perpetrator. Therefore, this research aims to analyze and explain the modus operandi of the criminal act of phishing according to the ITE Law. This research is a normative legal research. Because the writing of this research in seeking the truth in order to answer legal issues raised by the author uses secondary data to find legal rules, legal principles, and legal doctrines, and tends to image law as a perspective discipline, which means that only see the law from the point of view of the norms only, which of course is prescriptive. This approach uses a statute approach, a conceptual approach and a case approach.Keywords: Phishing Crime; Cyber; Operandi Mode.AbstrakPhising adalah suatu perbuatan untuk melakukan penipuan dengan mengelabui target dengan maksud untuk mencuri akun target, dengan cara menyebarkan broadcast yang seringkali dilakukan melalui email palsu dengan muatan informasi palsu yang mengarahkan target ke halaman palsu untuk menjebak target sehingga pelaku mendapatkan akses terhadap akun korban, Secara ringkas Perbuatan phising masih memiliki beberapa kekaburan terutama pada modus operandi pelaku. Oleh karena itulah penelitian ini bertujuan untuk menganalisis dan menjelaskan terkait modus operandi Tindak pidana Phising menurut UU ITE. Penelitian ini merupakan penelitian hukum normatif. Karena penelitian ini dalam mencari kebenaran guna menjawab isu hukum yang diangkat penulis menggunakan data sekunder untuk menemukan suatu aturan-aturan hukum, prinsip-prinsip hukum, maupun doktrin-doktrin hukum, dan cenderung mencitrakan hukum sebagai disiplin prespektif, yang berarti hanya melihat hukum dari sudut pandang norma-normanya saja, yang tentunya bersifat preskriptif. Pendekatan ini menggunakan pendekatan undang-undang (statute approach), pendekatan konseptual (conceptual approach) dan pendekatan kasus (case approach). Kata Kunci: Tindak Pidana Phising; Siber; Modus Operandi.

scholarly journals PENGGUNAAN DAN BATAS DISKRESI DALAM PENGELOLAAN KEUANGAN DAERAH DI INDONESIA

2019 ◽  
Vol 1 (2) ◽  
pp. 176-187
Author(s):  
Tri Suhendra Arbani
Keyword(s):  
Secondary Data ◽  
Comparative Approach ◽  
Regional Government ◽  
Government Officials ◽  
Legal Research ◽  
Conceptual Approach ◽  
Legal Rules ◽  
The Public ◽  
Regional Finance ◽  
Analysis Technique

Regional finance is the most important thing and becomes the pulse in carrying out all regional government affairs. Regulation in the financial sector is important because many regional heads carry out transportation for corruption because they are wrong in managing and making policies that have no legal basis. In this paper, we try to examine problems such as the changing room for discretion and the discretionary limitation in managing regional finances. This type of research used in this paper is normative legal research, that is research conducted or based on written regulations and other legal materials related to secondary data. In this legal research is used to discuss: statute approach, comparative approach, and conceptual approach. The data analysis technique in writing uses data management in essence the activities to make a system of written legal materials. The results of this paper describe how you should use discretion. This concept of discretion comes in the middle of a weak system of registration of invitations and legal vacuum. In essence, government officials take discretionary measures if they ask for various terms and discussion spaces from the discretion itself that has been regulated in government administration laws. These restrictions on the use of discretion indicate that not everything can be taken as a discretionary measure. Using ermessen freis or discretion basically covers the use of ermessen freis cannot replace with the prevailing legal system (positive legal rules) and the use of ermessen freis is only in the public interest.

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 Kejenuhan Mahasiswa dalam Mengikuti Perkuliahan Daring dan Strategi Penanggulangannya

2021 ◽  
Vol 2 (1) ◽  
pp. 293-307
Author(s):  
Dian Herdiana ◽  
Rana Rudiana ◽  
Supriatna Supriatna
Keyword(s):  
College Students ◽  
Online Learning ◽  
Learning Strategies ◽  
Secondary Data ◽  
Data Sources ◽  
Primary Data ◽  
Internal Factors ◽  
Online Lectures ◽  
Two Factors ◽  
Student Burnout

Abstract: This article is aimed at discussing college student's burnout in taking online lectures during the Covid-19 pandemic, the study focuses on two factors, namely: factors that cause college students being burnout and learning strategies that can be implemented to solve the college students burnout. The research method used a descriptive method with a qualitative approach, data sources consisted of primary data in the form of interviews with STIA Cimahi students and lecturers, and secondary data sources. The results of the study revealed that student burnout is caused by internal factors that come from himself, such as the unfamiliarity of online learning systems and external factors, such as the monotony of lecturers in delivering material. Therefore, in solving these problems, the researchers found several strategies that needed to be prepared by lecturers, namely changing online learning methods that would be more flexible, changing learning materials by accommodating contextual issues, and expanding learning media by utilizing social networks. Abstrak: Artikel ini ditujukan untuk mengkaji kejenuhan mahasiswa dalam mengikuti perkuliahan daring di masa pandemi Covid-19, kajian difokuskan kepada dua faktor, yaitu: faktor yang menyebabkan mahasiswa jenuh dan strategi pembelajaran guna menanggulangi kejenuhan mahasiswa. Metode penelitian menggunakan metode deskriptif dengan pendekatan kualitatif, sumber data terdiri dari hasil wawancara dengan mahasiswa dan dosen STIA Cimahi dan data sekunder. Hasil penelitian menunjukan kejenuhan mahasiswa disebabkan oleh faktor internal yang berasal dari dirinya sendiri seperti tidak terbiasanya belajar dengan sistem daring dan faktor eksternal, seperti monotonnya dosen dalam menyampaikan materi. Oleh karena itu, dalam mengatasi berbagai permasalahan yang ada, maka peneliti menemukan beberapa strategi yang perlu dipersiapkan oleh dosen, yakni mengubah metode pembelajaran daring yang lebih fleksibel, mengubah materi pembelajaran dengan mengakomodasi isu-isu kontekstual, serta memperluas media pembelajaran dengan memanfaatkan jejaring sosial.

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 Sanksi Pidana Terhadap Pemberi Kerja dalam Undang-undang No.11 Tahun 2020 tentang Cipta Kerja

2021 ◽  
Vol 2 (3) ◽  
pp. 597-601
Author(s):  
Nyoman Sugiartha ◽  
Kalingga Maulana Ibrahim ◽  
I Putu Gede Seputra
Keyword(s):  
Minimum Wage ◽  
Power Relations ◽  
Job Creation ◽  
Primary Data ◽  
Legal Research ◽  
Conceptual Approach ◽  
Minimum Period ◽  
Criminal Sanctions ◽  
Research Type

The Job Creation Act is a new law that is causing controversy, especially among workers/workers because the Job Creation Bill is considered detrimental to workers due to the imbalance of power relations in making agreements. The purposes of this study are to reveal the legal arrangements against employers in Law No. 11 of 2020 concerning Job Creation and criminal sanctions against employers if they do not comply with the provisions of the Job Creation Act. The type of research used in this study uses a normative legal research type with a statutory approach and a conceptual approach. The techniques for collecting legal materials are recording, summarizing, and quoting techniques. Sources of data used in the form of secondary and primary data which are then analyzed qualitatively. The results of the study reveal that there are criminal sanctions for entrepreneurs who pay labor wages below the district/city minimum wage as stipulated in Article 185 paragraph 1 of the Job Creation Law, namely a criminal threat for violating the criminal provisions, namely imprisonment for a minimum period of 2 years and a maximum of 4 years in prison and/or a fine of at least 100 million and a maximum of 400 million

Pemidanaan Terhadap Pelaku Penangkapan Ikan dengan Penggunaan Bahan Peledak

2021 ◽  
Vol 2 (3) ◽  
pp. 683-687
Author(s):  
I Wayan Agus Andika ◽  
I Made Minggu Widyantara ◽  
I Nyoman Sutama
Keyword(s):  
Marine Ecosystem ◽  
Secondary Data ◽  
Data Sources ◽  
Legal Interpretation ◽  
Legal Research ◽  
Hazardous Material ◽  
Legal Rules ◽  
Criminal Sanctions

The fishing that is carried out will have a bad effect on the marine ecosystem, but great benefits can be obtained for the fishermen. Catching fish using explosives is a criminal act in the field of fisheries and such actions may be subject to sanctions as regulated in Law Number 45 of 2009 concerning Fisheries and the Emergency Law on firearms. This study examines legal arrangements regarding the use of explosives in fishing and reveals criminal sanctions against perpetrators of catching fish with the use of explosives. The method used is normative legal research with a statutory approach. The data sources used are primary and secondary data obtained through recording and documentation techniques, then the data is processed by legal interpretation. The results of the study revealed that the legal rules regarding fishing carried out using a hazardous material or explosives have been regulated in Law Number 45 of 2009 concerning Fisheries and the Emergency Law concerning explosives and firearms. Criminal sanctions that can be applied to perpetrators are regulated in Article 84 paragraph (1) to paragraph (4) of Law Number 45 of 2009 concerning Fisheries.

scholarly journals Sanksi Hukum terhadap Anggota Polisi yang Melakukan Tindak Pidana Pembunuhan

2021 ◽  
Vol 2 (3) ◽  
pp. 633-638
Author(s):  
Ni Komang Ayu Sri Agustini ◽  
Anak Agung Sagung Laksmi Dewi ◽  
I Made Minggu Widyantara
Keyword(s):  
Police Officers ◽  
Code Of Ethics ◽  
Secondary Data ◽  
Public Security ◽  
Legal Research ◽  
Conceptual Approach ◽  
Legal Rules ◽  
Legal Sanction ◽  
Police Data ◽  
Legal Sanctions

The police are essentially government institutions and functions that are engaged in maintaining public security and order. The number of temptations causes the police to commit violations or criminal acts. This study aims to understand the legal arrangements against police officers who commit crimes and examine legal sanctions and legal rules that regulate problems in legal arrangements against police officers who commit criminal acts and forms of legal sanctions against the crime of murder. The research method uses normative legal research with a statutory and conceptual approach. Sources of legal materials consist of primary legal materials and secondary data. Data collection is done by reading the law on the police. Data analysis was carried out by case studies namely; the legal materials obtained in the research were processed and analyzed, and presented in a descriptive-analytical manner. The results of the study indicated that legal arrangements for police officers who commit murder crimes, where violations of the code of ethics have consequences, will be tried by the commission of the professional code of ethics. The legal sanction is that a police officer who commits a crime will be processed through a general court trial, undergo sanctions, and undergo a code of ethics trial with dishonorable dismissal. The imposition of disciplinary sanctions is decided in a disciplinary hearing for members of the police who violate police discipline and code of ethics

Bantuan Hukum Cuma-Cuma Bagi Tersangka yang Tidak Mampu Pada Tingkat Penyidikan

2020 ◽  
Vol 19 (2) ◽  
Author(s):  
Rio Saputra ◽  
Mokhammad Najih
Keyword(s):  
Secondary Data ◽  
Primary Data ◽  
Legal Aid ◽  
Criminal Cases ◽  
Legal Research ◽  
Factors Affecting ◽  
Legal Structure ◽  
Procedure Code ◽  
Study Techniques ◽  
The Right

<p><em>Suspects have the right to obtain legal assistance, especially for suspects who are classified as economically disadvantaged in accordance with Article 56 of the Criminal Procedure Code (KUHAP). The facts show that there are many irregularities in the implementation of legal aid, therefore it is necessary to know about the implementation of free legal aid for suspects who are incapacitated at the level of investigation and the factors that become obstacles in the implementation of legal aid. This legal research is an empirical legal research and this research is descriptive in nature. The data used are primary data and secondary data. The techniques used to collect data were document study techniques and interview techniques. Inhibiting factors affecting the implementation of free legal aid for suspects who are unable at the level of investigation can be classified and differentiated into 3 factors, namely, legal substance, legal structure, and legal culture).</em></p><p><strong><em>Keywords: </em></strong><em>Legal Aid, Criminal Cases</em></p>

scholarly journals IMPLEMENTASI PASAL 11 AYAT (1) UNDANG-UNDANG NOMOR 42 TAHUN 1999 TENTANG JAMINAN FIDUSIA : PERSPEKTIF PERJANJIAN KREDIT DENGAN JAMINAN FIDUSIA PADA PERUSAHAAN PERSEROAN PEGADAIAN

Acta Comitas ◽  
2016 ◽  
Author(s):  
Ni Wayan Tirtawati ◽  
I Dewa Gde Atmadja ◽  
Gde Marhendra Wijaatmadja
Keyword(s):  
Government Regulation ◽  
Moving Objects ◽  
Secondary Data ◽  
Descriptive Study ◽  
Primary Data ◽  
Sampling Techniques ◽  
Insurance Company ◽  
Legal Research ◽  
Collecting Techniques ◽  
Study Sites

Pawnshop Company is a State Owned Enterprises (SOEs), which is engaged in the business of providing credit services and applicable statutory lien for anyone with a moving objects collateral requirement. In order to develop the business, so Government Regulation No. 103 of 2000 was issued, stated of the granting of the loan based on the collateral of fiduciary money. As an institution that provides credit to guarantee the fiduciary shall comply with the provisions set out in Law No. 42 of 1999, especially Article 11, paragraph (1) which states that the objects are burdened with fiduciary collateral required to be registered, but in reality there is no Pawnshop Company comply with Article 11 paragraph (1) of Law No. 42 of 1999 on Fiduciary. Based on the gap das sein and das sollen, then can be formulated the problem of how fiduciary guarantee enrollment application pursuant to Article 11 paragraph (1) of Law No. 42 of 1999 on Company Pawnshop and how execution of fiduciary insurance company that is not registered by the Company Pawnshop when borrowers are in default. Empirical legal research is used in this thesis, because it’s getting out of the gap between das Sein and das sollen. The approach used in this thesis is the legislation approach, case-based approach, and the analytical approach. The nature of the research in this study was a descriptive study, sites in the Pawnshop Company branch Denpasar and Tabanan. The data used in this thesis is the primary data / field data and secondary data / literature. Data collecting techniques used in this thesis is planned interview techniques and reading literature. Sampling techniques used in this thesis is purposive sampling and the data obtained are presented in descriptive qualitative. The results of this problem study is application of fiduciary guarantee enrollment on the Pawnshops Company, that disobedience to law number 42 of 1999 Article 11 paragraph (1) was happened, while the execution of fiduciary insurance company that is not registered by Pawnshop Company if debtor in default is done by a family way.

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