scholarly journals Tindak Pidana Aborsi Akibat Perkosaan

2021 ◽  
Vol 2 (1) ◽  
pp. 135-139
Author(s):  
Ni Putu Ratih Puspitasari ◽  
I Made Sepud ◽  
Ni Made Sukaryati Karma
Keyword(s):  
Criminal Code ◽  
The Body ◽  
Health Law ◽  
Conceptual Problem ◽  
Legal Research ◽  
Criminal Sanctions ◽  
Material Analysis ◽  
Legal Arguments ◽  
Medical Indications ◽  
Laws And Regulations

Abortion is an abortion wherein in an abortion in the body there is a fetus but it is not perfectly shaped. According to the Criminal Code the abortion is prohibited for any reason, but the Health Law provides exceptions if medical indications. The problem is how is the regulation of the crime of abortion? And what are the criminal sanctions against perpetrators of criminal acts of abortion due to rape? The type of research used is normative legal research, with a legal and conceptual problem approach. Legal material comes from primary and secondary legal materials; the technique of collecting legal materials is by reviewing the laws and regulations governing abortion. Analysis of descriptive legal material analysis and adjusting to legal arguments. The regulation of abortion in the Criminal Code is regulated in article 346 of the Criminal Code, 347 of the Criminal Code, 348 of the Criminal Code and 349 of the Criminal Code. While the regulation of abortion in the Health Law is regulated in Articles 75, 76, 77 and Article 194 of Law No. 36 of 2009 concerning Health. Sanctions for abortion offenders can be subject to articles in the Criminal Code, namely Article 346 subject to a maximum sentence of four years in prison. Where as in article 347-349 the Criminal Code can be imprisoned for a maximum of fifteen years. In the Health Law, the maximum criminal threat is 10 years and a maximum fine of Rp. 1,000,000,000.00 (one billion rupiah). Conclusion, if the abortion is done not because of medical indications, then the act of abortion can be claimed as a crime.

scholarly journals Sanksi Pidana terhadap Guru yang Melakukan Tindak Penganiayaan kepada Murid saat Proses Pembelajaran

2020 ◽  
Vol 1 (1) ◽  
pp. 44-50
Author(s):  
Anak Agung Ngurah Adhi Wibisana ◽  
I Made Sepud ◽  
I Made Minggu Widyantara
Keyword(s):  
Learning Process ◽  
Teaching Methods ◽  
Criminal Code ◽  
The Body ◽  
Data Sources ◽  
Criminal Sanctions ◽  
The World ◽  
Pros And Cons ◽  
The Right ◽  
Laws And Regulations

Indonesia has a law on education, namely Law No. 14 of 2005 on Teachers and Lecturers. In its implementation, there is a case that causes pros and cons to the statement of every article of the Teacher and Lecturer Law, especially in relation to the right to defend oneself in criminal acts of persecution. The purpose of this research is to know the arrangement of teaching methods for students during the learning process and to know the criminal sanctions against teachers who abuse students during the learning process. This study uses a normative method with the main data sources namely laws and regulations. The results showed that the element of an act, and / or the result of an act, pain in the body, and injuries to the body contained in Article 351 paragraph (1) of the Criminal Code refers to the Teacher and Lecturer Law, namely in Article 77 paragraph (6). This article defines the basis of persecution, namely actions that cause pain to a person. The criminal act of persecution in the world of education, at least, must be considered with the intention of disciplining and educating the nation's life.

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 MERINTANGI PENGUBURAN JENAZAH COVID-19 DITINJAU BERDASARKAN PASAL 178 KITAB UNDANG-UNDANG HUKUM PIDANA

LEGALITAS ◽  
2021 ◽  
Vol 5 (2) ◽  
pp. 104
Author(s):  
Muhammad Rezky Rinaldy Dan Syamsudin
Keyword(s):  
Law Enforcement ◽  
Research Method ◽  
Criminal Code ◽  
The Body ◽  
Legal Research ◽  
Corona Virus ◽  
The World ◽  
Law Enforcement Officials ◽  
The Impact

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.

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 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 Pertanggungjawaban Pidana Pelaku Tindak Pidana Penganiayaan yang Direncanakan (Studi Kasus Putusan Pengadilan Negeri Bangli Nomor 19/pidB/2019/PNBLI)

2021 ◽  
Vol 2 (1) ◽  
pp. 56-61
Author(s):  
I Dewa Gede Windhu Indrakusuma
Keyword(s):  
Criminal Code ◽  
Criminal Sanction ◽  
Legal Research ◽  
Criminal Sanctions ◽  
History Of ◽  
Interviewing Techniques

Maltreatment is an act that causes injury or pain to someone which is done on purpose. The maltreatment consisted of light maltreatment and severe torture. This study aims to determine the criminal sanctions against the planned perpetrators of maltreatment and to analyze the considerations of the judge's decision against the perpetrators of the planned maltreatment. This type of research is normative legal research using a statutory approach. The technique of collecting legal materials is done by interviewing techniques. The results of the study show that the criminal sanction against the perpetrator of the planned maltreatment is a maximum of four years in prison as regulated in Article 353 paragraph 1 of the Criminal Code, while in the case of decision Number 19 / pidB / 2019 / PNBLI, the perpetrator I Made Merta is subject to imprisonment for four months according to Article 353 paragraph 1 of the Criminal Code where the elements contained therein are all fulfilled. Then, the judges' considerations in the perpetrators of the planned maltreatment included considerations of a juridical nature, namely things that were burdensome and things that were mitigating, whereas in the case study decision Number 19 / pidB / 2019 / PNBLI the judge considered more about the history of the defendant, namely the defendant. polite and admit that his actions in court have never been convicted and there has been peace between witnesses victim I Gede Jasa, so the judge sentenced Article 353 of the Criminal Code, which is four (4) months.

scholarly journals Perbuatan Tercela Sebagai Salah Satu Alasan Pemakzulan Presiden Dan/Atau Wakil Presiden Dalam Kajian Hukum Pidana Di Indonesia

SASI ◽  
2021 ◽  
Vol 27 (3) ◽  
pp. 376
Author(s):  
Muhammad Irham ◽  
Nani Mulyati
Keyword(s):  
Criminal Law ◽  
Vice President ◽  
Criminal Code ◽  
Religious Values ◽  
Social Culture ◽  
Legal Research ◽  
Moral Principles ◽  
Criminal Sanctions ◽  
Legal Concepts

The purpose of this study is to find out what is meant by the President and/or Vice President committing a disgraceful act in the concept of criminal law, so that they can be impeached. By using normative legal research and approaches to legal concepts, laws and their history. The results of the research are as follows: First, all actions that are contrary to the Criminal Code are disgraceful acts for the President/Vice President; Second, the religious values, social culture of the Indonesian nation, as well as moral principles in the Criminal Code have been compiled in Pancasila and the 1945 Constitution, therefore any deviation from the behavior of the President/Vice President against the 1945 Constitution is a despicable act; Third, all disgraceful acts of the President/Vice President that violate criminal law offenses are subject to criminal sanctions in accordance with the Criminal Code, so that disgraceful acts that have been formally regulated in the Criminal Code are not the meaning of disgraceful acts as referred to in Article 7A of the 1945 Constitution, because the limitations of criminal acts have been determined can impeach the President/Vice President, namely: corruption, bribery, and other serious crimes; Fourth, the disgraceful act of the President/Vice President in Article 7A of the 1945 Constitution is an act of violating the 1945 Constitution as a reference to the rules of criminal law.

scholarly journals TINDAK PIDANA KESOPANAN DIBIDANG KESUSILAAN ( PERZINAHAN ) DALAM KUHP SERTA PADANANNYA DENGAN HUKUM PIDANA ADAT

2015 ◽  
Vol 4 (2) ◽  
Author(s):  
Ida Bagus Made Danu Krisnawan
Keyword(s):  
Law Enforcement ◽  
Science Research ◽  
Criminal Code ◽  
Customary Law ◽  
Legal Research ◽  
Criminal Sanctions ◽  
Research Journal ◽  
Research Activities ◽  
Study Results ◽  
Conducting Research

Adultery that in terms of customary criminal law known as drati karma a deviant act and violates decency offense under customary law. It is considered a serious offense and is a destructive act of moral and behavior that damages the harmony and balance, causing impure state (cuntaka). From the description that has been proposed, as for the formulation of the problem that arises in this paper is: "Does Crime Decency act in the field of ethics (Adultery) who had been sentenced to criminal sanctions in accordance with the Criminal Code may also be subject to criminal sanctions custom?" This type of research used in this research is the research journal of law by using the approach of normative aspect in this case means that the laws of science research using normative legal research. Normative legal research done through the inventory of positive law as a basic introduction before conducting research activities. The study results showed that the process of law enforcement by law enforcement officers in the enforcement of national legislation (the Criminal Code) and village that enforce local village who was born based on local wisdom each more attention and importance of concepts of justice. Legal certainty is applied based on the Law and the Constitution of the Pancasila. Law enforcement does not mean sanctions but tends to give priority to justice (Restorative Justice) so that the public at large can understand, be aware of and comply with applicable norms.

scholarly journals Perlindungan Hukum Terhadap Pemegang Merek Clothing

2021 ◽  
Vol 2 (2) ◽  
pp. 397-402
Author(s):  
I Made Agus Angga Kusuma Putra ◽  
Anak Agung Istri Agung ◽  
Desak Gde Dwi Arini
Keyword(s):  
Intellectual Property ◽  
Business Ethics ◽  
Intellectual Property Rights ◽  
Legal Protection ◽  
Criminal Code ◽  
Prison Sentence ◽  
Legal Research ◽  
Criminal Sanctions ◽  
One Year ◽  
Legal Consequences

Trademarks are one of the most disputed intellectual property rights. The number of brand counterfeiting events conducted to gain profit by shortcuts, namely by violating business ethics, norms, and laws certainly do not make trade good and worsen the image as a violation of IPR. The purposes of this research are to examine the form of legal protection against registered clothing brand holders and to analyze the legal consequences for businesses that market clothing brands without a license? This research uses normative legal research methods by using statutory approach. Law No. 20 of 2016 and Law No. 5 of 1999 source to know criminal sanctions and also civil sanctions against businesses that use the brand without a permit. The results of this study show a form of legal protection against registered brand holders in the form of exclusive rights granted by the state to registered brand owners. Legal consequences for businesses that market brands without a license can be penalized as follows, in article 382bis criminal code can also be penalized i.e. material acts are threatened with a maximum prison sentence of one year and a fine as high as nine hundred million rupiah.

scholarly journals Tinjauan Yuridis terhadap Tindak Pidana Pungutan Liar (Pungli)

2020 ◽  
Vol 1 (2) ◽  
pp. 139-144
Author(s):  
I Wayan Arsa Yogi Wiguna ◽  
I Nyoman Sujana ◽  
I Nyoman Gde Sugiartha
Keyword(s):  
Research Method ◽  
Criminal Code ◽  
Criminal Sanctions ◽  
Material Sources ◽  
Social Sanctions ◽  
Legal Sanctions ◽  
Legal Arguments ◽  
The Law ◽  
Crime Of Corruption

In the community, it is often heard about illegal fees which are a form of criminal act. This study aims to determine the regulation of illegal levies (Pungli) based on Regional Regulation No. 8/2010 concerning levies, creations and sports and to determine the imposition of criminal sanctions against perpetrators who commit illegal extortion (Pungli). The research method used is the normative research method, primary and secondary legal material sources, records of statutory books and other literature are carried out to collect data, and analysis of legal materials using legal arguments. The results of this study indicate that the regulation of corruption is implied in the formulation of corruption in several articles including Article 423 of the Criminal Code referred to in Article 12 of Law Number 31 Year 1999 as a criminal act of corruption, which is then reformulated in Law Number. 20 of 2001 concerning the crime of corruption. Legal sanctions against extortion consist of social sanctions and criminal sanctions. The law on corruption is stated in it regarding the crime of extortion.

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