scholarly journals Kebijakan Kriminal dalam Menanggulangi Kejahatan Kesusilaan Melalui Internet

2020 ◽  
Vol 8 (2) ◽  
pp. 167-181
Author(s):  
Mus Muliadin ◽  
Fajar Dian Aryani
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Secondary Data ◽  
Criminal Activity ◽  
Research Approach ◽  
Positive Law ◽  
Technological Advances ◽  
The Future ◽  
Dark Shadow ◽  
New Form

The development of cybercrime as a new form of crime in the cybersex world has been galvanized globally as a dark shadow of technological advances in the field of communication and information. because it allows for new forms of exploitation, new opportunities for criminal activity, and even new forms of crime. One of the cybercrime problems that is also very troubling and gets the attention of various circles, is the cybercrime problem in the field of decency. The research approach uses a normative juridical approach, the data consists of secondary data obtained through literature studies, and the data is analyzed analytically. Cybersex is a new form of adultery so clear legal arrangements are needed to be able to anticipate it. In addition to these penal efforts, non-penal (integral/systemic) should be put forward to overcome cybersex. Cybersex can be done by law enforcement with the positive laws that exist at this time by carrying out legal construction. Besides, the regulation by Positive Law of Indonesia is still spread in various laws and regulations and there are still some shortcomings so that in the future anticipatory policies of criminal law must be dating.

scholarly journals Studi Komparatif Tindak Pidana Aborsi dalam Perspektif Hukum Article Positif dan Hukum Pidana Islam (Imam Madzhab)

2021 ◽  
Vol 1 (2) ◽  
pp. 204-213
Author(s):  
Moh. Faqih
Keyword(s):  
Criminal Law ◽  
Islamic Law ◽  
Secondary Data ◽  
Criminal Code ◽  
Research Approach ◽  
Legal Research ◽  
Medical Reason ◽  
Positive Law ◽  
Approach Method

The rise of promiscuity and free sex is the reason for a large number of abortion perpetrators in Indonesia. In the enactment of the law stipulated in the Criminal Code (KUHP) regarding abortion, it is very clear that abortion is prohibited as well as from the perspective of Islamic law it is forbidden to abort the fetus unless there is a medical reason that an abortion must be performed. However, in the opinion of Madzhab, there is still a classification of permissibility before the blowing of the spirit and the scholars agree that it is haram to abort the fetus after blowing the spirit. The research approach used in this study is the Normative Juridical Research Method, namely the approach method used in this study is the normative juridical approach or doctrinal legal research, which is legal research that uses secondary data sources. The results of the research conducted by the author are to provide insight to readers so that they better understand the meaning of abortion and also the punishment of the perpetrators of the crime of abortion both in terms of positive law and Islamic criminal law. In finding the comparison of the punishment between positive law and Islamic criminal law lies in the age limit of the fetus that is in the content of the sanction based on Islamic criminal law, the punishment is to pay ghurrah or diyat Kamilah Dari before the blowing of the spirit or after the blowing of the spirit.

scholarly journals Application of Military Law Against TNI Members Who Commit Desertion Crimes

2021 ◽  
Vol 5 (2) ◽  
pp. 115-129
Author(s):  
Aswin Nugraha Sailellah
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Secondary Data ◽  
Primary Data ◽  
Legal Structure ◽  
Positive Law ◽  
Processing Data ◽  
Military Law ◽  
The Right ◽  
The Military

This study aims to: 1) To analyze the application of military criminal law against members of the TNI perpetrators of desertion crimes; 2) To analyze the constraints in the enforcement of miiliter criminal law against members of the TNI perpetrators of desertion crimes. This study uses normative-empirical legal research, while the data analysis used is qualitative approach to primary data and secondary data. where in analyzing / processing data first held organizing of primary data obtained through related legislation and literature. Then the collected data is then discussed, compiled, elaborated, and interpreted, and reviewed the problem so that a conclusion is obtained as a problem solving effort. The results showed that the application of military criminal law against members of the TNI who were proven to commit desertion crimes is the authority of the military judiciary to prosecute him, then the stages in the form of investigations conducted by the Military Police on the orders of the Superior Who Has the Right to Punish (Ankum). furthermore, the investigation file is given to the Military Oditur to be studied, then the military oditur makes an indictment to be delegated to the Military Judiciary, after the judiciary feels sufficient with the files of the Military Oditur, then the military judiciary will prosecute members of the military who are accused of desertion. Furthermore, constraints in law enforcement related to desertion crimes are reviewed from 4 interrelated aspects, namely with regard to legal subtansi, the legal structure itself, facilities or infrastructure, and the community. The settlement of cases in the military judiciary at this time has been well arranged, but it is expected that all who play a role in the process of resolving military cases do all these stages based on Justice and Positive Law. The application of existing regulations must be done consistently and always conducted a review of desertion cases so that from these obstacles can be found solutions and solutions to reduce the quantity of desertion crimes.

scholarly journals CRIMINAL LAW ENFORCEMENT POLICY ON MINERAL AND COAL MINING BUSINESSES

2020 ◽  
Vol 1 (2) ◽  
Author(s):  
Andre Birawa ◽  
Liliana Tedjosaputro
Keyword(s):  
Law Enforcement ◽  
Coal Mining ◽  
Criminal Law ◽  
Economic Value ◽  
Secondary Data ◽  
Primary Data ◽  
Research Approach ◽  
Enforcement Policy ◽  
Illegal Mining ◽  
The Republic

<p class="BodyAbstract">The implementation of the criminal law enforcement policy on mineral and coal mining businesses (minerba) still occurs several violations of Article 158 of the Law of the Republic of Indonesia No 4 of 2009 (Minerba Law). This journal aims to find out and analyze: 1) criminal law policy in law enforcement on illegal mining businesses according to the Minerba Law; and 2) current law enforcement constraints and future improvements. The normative juridical research approach places secondary data, in the form of primary legal material (Minerba Law) as the main material. Meanwhile, primary data acts as supporting analysis, which is obtained using interview techniques. Secondary data obtained through the study of legal literature, especially Case No. 237 / Pid. Sus / 2018 / PN Jpa. The entire data, analyzed using descriptive qualitative methods. Results: (1) Minerba Act, qualified as administrative criminal law. The criminal provisions are regulated in 8 articles with the threat of imprisonment, confinement and fines. (2) Law enforcement constraints from the Legal Substance dimension is the equalization of all mining activity permits in the form of Mining Business Permits. Legal structure perspective, demands large funding requirements. Internal Legal Culture experiences obstacles in coordination between Police investigators and PPNS. Externally, it explains that people prioritize economic value. In the future, a Rock Mining Permit is required, consistency in the application of article 158 and solid coordination between police and ESDM investigators, as well as education on environmental values.</p>

scholarly journals Takzir sebagai Hukuman dalam Hukum Pidana Islam

2019 ◽  
Vol 21 (2) ◽  
pp. 255-272
Author(s):  
Usammah Usammah
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Legal System ◽  
National Level ◽  
Public Law ◽  
Community Life ◽  
Positive Law ◽  
Sharia Law ◽  
Interesting Part ◽  
Western Law

Memformalisasikan syariat Islam baik dalam ranah kehidupan bermasyarakat dan sosial, dalam bernegara dan berbangsa tidak jarang terjadi perdebatan, baik perdebatan sosial-politik maupun keagamaan. Perdebatan itu di samping menyangkut memahami ajaran agama dan hubungannya dengan negara-bangsa, juga dalam memahami sistem hukum yang ada dalam negera, lebih-lebih bahwa negera menganut sistem hukum positif yang lebih banyak dipengaruhi oleh hukum barat. Gagasan pemberlakuan hukum pidana Islam tidak serta merta dapat dijalankan dengan baik tanpa adanya legislasi dan pembentukan hukum pidana Islam materil sebagai hukum positif yang berlaku. Juga bahwa hukum pidana Islam adalah hukum publik yang membutuhkan kekuasaan negara baik dalam pembentukannya maupun dalam penegakannya. Dalam hubungannya dengan legislasi dan pembentukan hukum (qanun syariat Islam), maka hal yang sangat menarik adalah bagaimana menentukan bentuk jarimah dan uqubatnya baik yang termasuk dalam kategori hudud, qisas, dan takzir sebagai bagian dari sistem penegakan hukum syariat Islam. Takzir as a Punishment in Islamic Criminal Law The formalizing of Islamic Sharia Law both in the realm of social and community life and also in the state and national level. This issue is frequently debatable, both in socio-political as well as in religious matter. The debate is not only about understanding religious teachings and their relationship with the nation, but also about understanding the legal system applicable in the country, especially the country which apply a positive legal system that influenced by western law. The idea of enforcing Islamic Criminal Law cannot be carried out properly without the existence of legislation and the establishment of Islamic Criminal Law as a positive law that enforced. In addition, Islamic Criminal Law is a public law that requires state power both in its formation and in its enforcement. In relation to legislation and the formation of law (Qanun Sharia), the very interesting part is how to determine the form of rahmah and uqubat both are included in the hudud, qisas and takzir categories as part of the Islamic Sharia law enforcement system.

scholarly journals Kebijakan Kriminalisasi Pengguguran Kandungan dalam Kajian Perbandingan Hukum Berbagai Negara serta Dampaknya bagi Kesehatan Ibu dan Anak (KIA)

2020 ◽  
Vol 2 (1) ◽  
pp. 14-28
Author(s):  
Rosalind Angel Fanggi
Keyword(s):  
Psychological Impact ◽  
National Development ◽  
Secondary Data ◽  
Criminal Code ◽  
Central Position ◽  
Health Coverage ◽  
Legal Reforms ◽  
Positive Law ◽  
The Future ◽  
Character Building

Indonesia is a country where religion occupies a central position and the elements must exist in the national and character building. Although has been setting in Criminal Code, but still found many cases of abortions. This paper is about to dig up how the rule of law of abortions. That there is something more profound that abortion is not only about removal of the fetus but also moral and psychological impact for youth of Indonesia. This artice aims to answer the questions: how the criminalization policy of abortion in the positive law at the future? In preparing this thesis, using a normative juridical approach, the author examines library materials is a secondary data and using the comparative law method also of the several foreign countries. The conclusion of this study is the criminalization of abortion policy set out in the positive law is not enough to guarantee protection for public health. Criminalization policy of abortion in the positive law at the future can be done by considering the arrangement of the Criminal Code abortion in some foreign as an ingredient to make legal reforms and especially considering the meaning of the precepts contained in the second sila in Pancasila. Advice can be delivered are abortions is not the best choice, but in conditions harmful should settings that give protection and health coverage of pregnant women; should have arrangements to sell the drug/vehicle used to perform abortions; about the naming of the chapter should considered using the chapter on offenses against the moral; rules should be formulated to provide legal certainty for doctors and patients: the criminalization policy of abortion settings should be based on Pancasila and national development goals.

scholarly journals TINDAK PIDANA TERORISME DARI PERSPEKTIF HUKUM PIDANA INTERNASIONAL

2017 ◽  
Vol 3 (1) ◽  
Author(s):  
Rahma Yanti
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
International Criminal ◽  
International Crime ◽  
Transnational Crime ◽  
Criminal Court ◽  
International Criminal Law ◽  
Positive Law ◽  
Sensitive Issue ◽  
International Conventions

Terrorism is one of transnational crime base on international conventions. One of national crime which consists of transnational aspects. Transnational crime convention only manage about how to run cooperation to eliminate national crime which across country borders. Terrorism hasn’t consider as International crime because there’s no unification about its definition. Terrorism still consider as a sensitive issue in each country related with rass, etnis, culture, religion, and geographical aspects. Terrorism law enforcement proses is each country positive law jurisdiction and not as International Criminal Court jurisdiction based on Rome Statuta.Keywords: Crime, Terrorism, International Criminal Law

scholarly journals The Criminal Enforcement Of The Fraud Mode Of Multiple Money (Case study Decision No.61 / Pid.B / 2019 / PN.Blora)

2020 ◽  
Vol 3 (1) ◽  
pp. 237
Author(s):  
Sumaryono Sumaryono ◽  
Sri Kusriyah Kusriyah
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Research Method ◽  
Field Research ◽  
Secondary Data ◽  
Criminal Code ◽  
Primary Data ◽  
Public Prosecutor ◽  
The Public

Fraudulent criminal acts that have been regulated in the Criminal Code (KUHP) with various modes, one of which is fraud by shamans with a multiplied money mode has made law enforcers increasingly have to rack their brains to be able to prove it. This study aims to examine and analyze law enforcement by the judge in decision No.61 / Pid.B / 2019 / PN.Blora with consideration of the criminal elements. The research method used is a sociological juridical approach. The specifications of the study were conducted using descriptive analytical methods. The data used for this study are primary and secondary data. The data consists of primary data and secondary data using field research methods, interviews, and literature studies. Based on the research it was concluded that the case ruling number 61 / Pid.B / 2019 / PN Bla with a fraud case with shamanism practices in the mode of duplicating the judge's money considering that the Defendants have been indicted by the Public Prosecutor with alternative indictments, so the Panel of Judges paid attention to the facts The aforementioned law decides on the first alternative indictment as regulated in Article 378 of the Criminal Code Jo Article 55 paragraph (1) of the 1st Criminal Code by considering the elements of that article.Keywords: Criminal Law Enforcement; Fraud; Multiple Money.

scholarly journals KEDUDUKAN ADVOKAT DALAM PASAL 5 UNDANGUNDANG NOMOR 18 TAHUN 2003 TENTANG ADVOKAT PERSPEKTIF HUKUM

JURISDICTIE ◽  
2017 ◽  
Vol 5 (2) ◽  
pp. 188
Author(s):  
Adib Khoirul Umam
Keyword(s):  
Law Enforcement ◽  
Islamic Law ◽  
Legal Theory ◽  
Secondary Data ◽  
Primary Data ◽  
High Quality ◽  
Positive Law ◽  
The Law ◽  
Article 5

<p>This study aims to determine how Islam views which in this case is limited only four schools of opinion about the position of an advocate as law enforcement. In Islam indeed advocates known as providers of legal bantuah namely Hakam, mufti and mashalih alaih that functions similar to advokat.Penelitian function is called normative research with descriptive methods comparative analysis between positive law and Islamic law, namely Law No. 18 2003 and scholarly opinion four schools as primary data. Secondary data were taken from books or books that explain the legal theory of primary data. Article 5 of Law No. 18 of 2003 on lawyers has been explained that the position of advocate parallel with other law enforcement such as judges, prosecutors and police. But in fact appear black advocates not to enforce the law but instead became mafias that sell traded equity law. For it will be studied how exactly Islam's view of the position of Advocates with the formulation of the problem sebegai follows, first how the views of Islamic law for the position of advocate in Article 5 of Law No. 18 of 2003 on advocates, who both like where the relevance of Islam's view of the position of advocate in enforcement law in Indonesia. From research conducted authors argue for their refisi against the law number 18 of 2003 on advocates. alignment between advocates and other law enforcement must be followed by the high quality of an advocate and supervision of the performance of lawyers in order to minimize the occurrence of fraud in practice in providing legal aid.</p><p>Penelitian ini bertujuan untuk mengetahui bagaimana pandangan Islam yang dalam hal ini hanya dibatasi pendapat empat madzhab tentang kedudukan advokat sebagai penegak hukum. Dalam Islam memang advokat dikenal sebagai lembaga pemberi bantuah hukum yaitu hakam, mufti dan mashalih alaih yang secara fungsi hampir sama dengan fungsi advokat. Penelitian ini disebut penelitian normatif dengan metode deskriptif analisis perbandingan antara hukum positif dan hukum Islam, yaitu undang-undang nomor 18 tahun 2003 dan pendapat ulama empat madzhab sebagai data primer. Data sekunder diambil dari kitab-kitab atau buku-buku teori hukum yang menjelaskan tentang data primer. Dari penelitian yang dilakukan penulis berpendapat perlunya adanya refisi terhadap undang-undang nomor 18 tahun 2003 tentang advokat. kesejajaran antara advokat dan penegak hukum lainya harus diikuti dengan tingginya kualitas seorang advokat dan pengawasan terhadap kinerja advokat agar bisa meminimalisir terjadinya penyelewengan dalam praktiknya dalam memberi bantuan hukum.</p>

scholarly journals Legal Protection of Industrial Design Information and Communication Technology Based on Creative Economy to Improve Community Competitiveness

Yuridika ◽  
2019 ◽  
Vol 34 (2) ◽  
pp. 194
Author(s):  
Abdul Atsar
Keyword(s):  
Law Enforcement ◽  
Industrial Design ◽  
Legal Protection ◽  
Secondary Data ◽  
Study Data ◽  
Protection System ◽  
Creative Economy ◽  
Literature Study ◽  
Technological Advances ◽  
Design Law

Law is very influenced on the development of Technology. The current legal tool has no readiness so that it can not keep up with the rapid technological advances. The purpose of this study is to analyze the application of regulation on protection system and law enforcement of ICT design based on creative economy to improve people's competitiveness. Research is a normative juridical study. The approach of this research is the approach of legislation, concepts and cases. This research is analytical descriptive. This study, using secondary data sources. Technique of collecting data with literature study. Data analysis technique by qualitative normative descriptive method.The regulation of the legal protection system of industrial design of ICT, in Law no. 31 Year 2000, has not been regulated explicitly about the element of novelty, the application of constitutive stelsel cause obstacles. The law enforcement of ICT design is not yet effective, because of three aspects: 1) The legal substance aspect is not yet explicitly regulated about the novelty element in Industrial Design terms and the qualification and classification of the object of Right, the substantive requirement of Right of Industrial Design, the provisions of sanctions that distinguish between rights violations caused by the substance of the "same" and "similar" Industrial Design Designs registered for commercial purposes; 2) the aspect of its law enforcers, there is no appeal commission of industrial design, law enforcers have not understood the substance of the provisions of industrial design law; 2) Legal culture aspect. Indonesian society is still communal.

scholarly journals TINJAUAN HUKUM PEMIDANAAN TERHADAP PELAKU PENYALAHGUNA NARKOTIKA DENGAN SISTEM REHABILITASI

2016 ◽  
Vol 2 (1) ◽  
pp. 74
Author(s):  
Andri Winjaya Laksana
Keyword(s):  
Law Enforcement ◽  
Secondary Data ◽  
Research Problem ◽  
Research Approach ◽  
Applicable Law ◽  
Sick People ◽  
Rehabilitation System ◽  
Approach Method ◽  
Conducting Research

Narcotics abuse has long been a serious problem in many countries. The conviction of narcotics abusers with imprisonment is an illegal law enforcement, narcotics abusers can be regardedas sick and very unwise when people mix up sick people with other offenders. The approach method used in this research is sociological juridical or socio legal research approach, that isthe way or procedure used to solve the research problem by examining secondary data in the form of legal materials or applicable law regulations then followed by conducting research on data Primary in the field. The result of the research shows that 1) The basis of criminalization of narcotics abuse with rehabilitation system is done with the classification of the Defendant when arrested in the condition of hand caught, 1 (one) day evidence was found with the detail of Law No. 35 of 2009, it was stated positive using narcotics based on Laboratory test letter based on the request of the investigator, Need Certificate from the doctor / soul psychiatrist government appointed by the judge, There is no evidence that the concerned involved in illicit narcotics. 2) The Obstacle of Criminalization Against Narcotics Abuse Culprit with Rehabilitation System due to the conflict between Laws and Regulations on the provision of rehabilitation then becomes the initial trigger for the implementation of rehabilitation in Indonesian punishment system.

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