ANALISIS KEBEBASAN BERPENDAPAT TERHADAP AGAMA MENURUT PASAL 156A KUHP (STUDI KASUS PUTUSAN  NOMOR 784/PID/2018/PT.MDN)

Meliana was charged with violating Article 156a of the Indonesian Criminal Code and was sentenced by a Medan District Court judge with 18 months in prison for being considered a religious blasphemy for complaining about the volume of the call to prayer near her home. The problem is how freedom of expression relates to religion according to Article 156a of the Criminal Code. The research method used in writing this thesis is normative legal research. The results showed that the Medan District Court Judge considered that the element of "blasphemy" was fulfilled by the fact that based on the conversation delivered by witnesses at the trial and there was a very real relationship between the complaints of the defendant and the anger of Muslims and the Fatwa of the Indonesian Ulema Council of North Sumatra Province stated that The defendant is blasphemous towards Islam, which is the religion of Islam adopted in the State of Indonesia. Freedom of opinion is not free freedom, but freedom that is limited by applicable regulations (Law). This case shows that the blasphemy law is actually a tool of conflict, not a conflict prevention as the government considers it. If this law is not abolished, then there must be a way for the law to "no longer be used." Law enforcement officials truly understand the essence of the blasphemy law, so as not to set a bad precedent in the midst of national pluralism.

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Kebijakan Non Penal terhadap Pelaku Tindak Pidana Perjudian Jenis Sabung Ayam dalam Wilayah Hukum Kepolisian Sektor Kota Baru

Jurnal Ilmiah Universitas Batanghari Jambi ◽

10.33087/jiubj.v21i3.1674 ◽

2021 ◽

Vol 21 (3) ◽

pp. 927

Author(s):

Hisbah Hisbah

Keyword(s):

Law Enforcement ◽

Criminal Law ◽

Social Situation ◽

Criminal Code ◽

Community Members ◽

The Future ◽

Law Enforcement Officials ◽

New City ◽

The Government ◽

Taking Action

Gambling is a social disease that threatens real or potential social norms so that it can threaten public order. The purpose of this study is to determine the criminal law policy in tackling the criminal act of cockfighting in the Kota Baru Sector Police Law Area at this time and in the future, to find out the applicable policies carried out by law enforcers to tackle the criminal act of cockfighting gambling in the Legal Territory. New City Sector Police. In this study the author uses empirical juridical research methods. The criminal law policy against cockfighting gambling in the Criminal Code of gambling has been regulated in Article 303 bis and the penal code is four years in prison. Which is gambling is a game that puts valuable objects or money for betting. This incident makes gambling a criminal offense because any play that is played using money for betting is called gambling. Meanwhile, for the future, namely reforming the Draft Criminal Code is a must because the government must respond to these developments by planning a regulation that can include and reduce crimes in the field of decency, especially the crime of gambling in the type of cockfighting. So, this kind of thing requires a partnership between law enforcers and community members in overcoming the criminal act of gambling in order to create a social situation that is safe and clean from gambling that is troubling the public. The policy of law enforcement carried out by law enforcement officials in an effort to combat the crime of cockfighting gambling in the New City Sector Police jurisdiction is carried out by pre-emptive efforts, namely by focusing on efforts with an appeal to perpetrators of cockfighting gambling so that they have awareness and not. carry out gambling again because it is likely to disturb the security and order of the surrounding community. Then with preventive measures for prevention as a basis for eradicating gambling crimes in the New City Sector Police Legal Territory. Furthermore, through repressive measures, which are actions taken directly to eradicate crime by taking action so that the perpetrator is deterred and does not repeat the crime again.

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PENERAPAN HUKUM PELAKU TINDAK PIDANA TURUT SERTA DALAM MENAWARKAN LAYANAN SEKSUAL (HUMAN TRAFFICKING) (Studi Putusan No 39/PID.SUS/2019/PN MET)

10.31219/osf.io/6unm5 ◽

2021 ◽

Author(s):

Okta Ainita ◽

Aprinisa ◽

agung pradana

Keyword(s):

Human Trafficking ◽

Criminal Liability ◽

Criminal Code ◽

Control Measures ◽

District Court ◽

Easy Access ◽

Court Judge ◽

Criminal Offenses ◽

The Government ◽

Sexual Services

Human Trafficking in Indonesia at this time is not only related to downstream issues within the scope of the policy on the implementation of trafficking in persons, such as the low response and commitment of the state, prevention and control measures are more reliant on the means of punishment, handling and enforcement much colored by dirty games and the lack of intensive and effective cooperation within the country and across national borders bilaterally, regionally and internationally. The problem that arises in the study is why do perpetrators of criminal acts participate in offering sexual services (Human Traficking) based on decision number 39 / PID.SUS / 2019 / PN Met? How does the application of law by judges against criminal offenses participate in offering sexual services based on decision number 39 / PID.SUS / 2019 / PN Met? How is the effort to tackle the crime of participating in offering sexual services based on decision number 39 / PID.SUS / 2019 / PN Met? Factors causing criminal acts are economic factors that are often more dominant lack of welfare and the difficulty of getting job vacancies makes people justify any means to get profit, someone to commit a crime that is prohibited and threatened with crime, habit factor is a characteristic of someone who like excessive life or luxury, then the shortcut he committed a crime and the opportunity factor is a factor that can also deliver someone to commit a crime. The application of the law by judges against criminal offenses participates in offering sexual services based on Decision Number 39 / PID.SUS / 2019 / PN Met. The Panel of Judges said that heeded the provisions of Article 30 Jo Article 4 Paragraph (2) of RI Law No.44 of 2008 concerning Pornography Jo Article 55 Paragraph (1) of the Criminal Code, Law Number 8 of 1981 concerning Criminal Procedure Law and Legislation other laws and regulations, the Metro City District Court Judge Board of Judges declared that the defendant has been legally proven and convincingly guilty of committing criminal offenses in participating in offering sexual services and convicting of Defendant I Hendi Bin M Lisin and Defendant II Lala Rizky Septiani Bint Muzirzain with imprisonment for 1 year each and a fine of Rp.250,000,000.00 (two hundred and fifty million rupiah). Recommendations, based on the factors that cause the perpetrators to commit criminal acts in offering sexual services, the Judges in this case in order to provide criminal sanctions against the perpetrators, the decision must be more severe because the actions of the defendant is a form of error that must be accounted for and does not exist justification or justification which eliminates criminal liability for the defendant. The judge should provide a fair criminal verdict for the defendant meaning that it is intended to provide a deterrent impact on the perpetrators of the crime, so that it cannot repeat the same crime in the future. The government is expected to provide easy access to education for the community specifically for Metro City, providing verified employment, so as to reduce the growth of criminal offenses participating in offering sexual services.

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UPAYA PERLINDUNGAN HUKUM TERHADAP KORBAN TINDAK PIDANA PERDAGANGAN ORANG

FIAT JUSTISIA ◽

10.25041/fiatjustisia.v9no3.603 ◽

2016 ◽

Vol 9 (3) ◽

Author(s):

Alfan Alfian

Keyword(s):

Law Enforcement ◽

Human Trafficking ◽

Legal Protection ◽

Criminal Code ◽

Social Climate ◽

Trafficking In Persons ◽

The Third ◽

Law Enforcement Officials ◽

Victims Of Crime ◽

The Government

Human trafficking is increasingly organized, the more troublesome the government to provide protection to the victim, because the crime became transnational, structured and systematic. From this incident it is important to be studied more deeply about the protection of victims of crime of trafficking in persons. The objective is to determine how the protection of victims of human trafficking crimes / human and determine the factors that constrain the government in protecting victims of human trafficking/ human. Legal protection against the crime of trafficking in persons in Indonesia is already regulated in such a way, but in terms of implementation of law enforcement, officials and government are still not seriously implies. Legal product that became a major locomotive and excellent law enforcement that the Criminal Code still not yet gives tendencies favor of the victim, because the product is still offering an abstract clause related casualties represented only by the state. Factors causing the difficulty of protection is not only on the government alone but the victims themselves who sometimes do omission because the first one is not able to react to deviations, the second, the victim or entity other controls may fear there will be a result of the more serious because of such conflict, the third, indifference has become a social climate that is caused by the absence of extensive reaction.Keywords: Crime, Legal Protection, Human Trafficking

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Recommendations of The Ombudsman’s Dilemma: Between Law Enforcement Officials and Protection of Credibility

International Conference of Moslem Society ◽

10.24090/icms.2018.1809 ◽

2018 ◽

Vol 2 ◽

pp. 1-12

Author(s):

Dyah Adriantini Sintha Dewi

Keyword(s):

Law Enforcement ◽

Public Service ◽

Public Services ◽

Point Of View ◽

Law Enforcement Officials ◽

Muslim Majority ◽

The Republic ◽

The Government ◽

The One ◽

Oversight Body

The Ombudsman as an external oversight body for official performance, in Fikih Siyasah (constitutionality in Islam) is included in the supervision stipulated in legislation (al-musahabah al-qomariyah). Supervision is done so that public service delivery to the community is in accordance with the rights of the community. This is done because in carrying out its duties, officials are very likely to conduct mal administration, which is bad public services that cause harm to the community. The Ombudsman is an institution authorized to resolve the mal administration issue, in which one of its products is by issuing a recommendation. Although Law No. 37 of 2018 on the Ombudsman of the Republic of Indonesia states that the recommendation is mandatory, theombudsman's recommendations have not been implemented. This is due to differences in point of view, ie on the one hand in the context of law enforcement, but on the other hand the implementation of the recommendation is considered as a means of opening the disgrace of officials. Recommendations are the last alternative of Ombudsman's efforts to resolve the mal administration case, given that a win-win solution is the goal, then mediation becomes the main effort. This is in accordance with the condition of the Muslim majority of Indonesian nation and prioritizes deliberation in resolving dispute. Therefore, it is necessary to educate the community and officials related to the implementation of the Ombudsman's recommendations in order to provide good public services for the community, which is the obligation of the government.

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ANALISIS ABORSI DALAM PERATURAN PEMERINTAH NO. 61 TAHUN 2014 TENTANG KESEHATAN REPRODUKSI

KESMAS UWIGAMA: Jurnal Kesehatan Masyarakat ◽

10.24903/kujkm.v4i1.295 ◽

2018 ◽

Vol 4 (1) ◽

pp. 1

Author(s):

Ferry Fadzlul Rahman

Keyword(s):

Law Enforcement ◽

Reproductive Health ◽

Government Regulation ◽

Medical Emergency ◽

Rape Victims ◽

Negative Effects ◽

Law Enforcement Agencies ◽

Community Factors ◽

Law Enforcement Officials ◽

The Government

Abortion is a social phenomenon that is increasingly alarming. The concern is not without reason, because so far the behavior of abortion many negative effects both for themselves the perpetrators and the wider community. With the passing of the Government Regulation No. 61 Year 2014 on Reproductive Health still raises the pros and cons in the middle of the community. The approach used to address the problem that the above problems are normative juridical approach. Based on the results of the study need to decriminalize abortion in Government Regulation No. 61 Year 2014 on Reproductive Health which has the goal of creating the legal basis for abortion and the experts who helped him as an indication of a medical emergency or pregnancy due to rape, and factors inhibiting the decriminalization of abortion is legal factors themselves, law enforcement officials factors, factors facilities or infrastructure, community factors, and cultural factors. Suggestion that the author should the government needs to review the Government Regulation No. 61 Year 2014 on Reproductive Health in particular Article 31 and Article 34 within the limited evidence of rape victims in just 40 days because of the time limit is not relative to the law enforcement agencies to prove it, as well as regarding the evidentiary aspects of pregnancy due to rape victims in order to avoid an impression of legitimizing the act of abortion in any form. Keywords: Abortion, , Reproductive Health

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ANALISIS DEKRIMINALISASI ABORSI DALAM PERATURAN PEMERINTAH NO. 61 TAHUN 2014 TENTANG KESEHATAN REPRODUKSI

KESMAS UWIGAMA: Jurnal Kesehatan Masyarakat ◽

10.24903/kujkm.v2i2.315 ◽

2016 ◽

Vol 2 (2) ◽

pp. 80

Author(s):

Ferry Fadzul Rahman

Keyword(s):

Law Enforcement ◽

Reproductive Health ◽

Government Regulation ◽

Medical Emergency ◽

Rape Victims ◽

Negative Effects ◽

Law Enforcement Agencies ◽

Community Factors ◽

Law Enforcement Officials ◽

The Government

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JUDGE'S JUDGMENT ON CRIMINAL OFFENSE AGAINST PERPETRATORS OF CRIMINAL EXTORTION WITH THE VIOLENCE AGAINST OTHER PEOPLE'S MOTORCYCLES (Verdict Study Number: 237/Pid. B/2018/PN Kla)

Progressive Law Review ◽

10.36448/plr.v2i01.28 ◽

2020 ◽

Vol 2 (01) ◽

pp. 56-65

Author(s):

Oktasari Putri Pramisela ◽

Yulia Hesti

Keyword(s):

Law Enforcement ◽

Attorney General ◽

Criminal Code ◽

Deterrent Effect ◽

District Court ◽

Criminal Offence ◽

Factors Affecting ◽

Criminal Offenses ◽

Violent Criminal ◽

The Law

A crime or criminal act, usually perpetrators of criminals because of an encouragement based on the importance of fulfilling the necessities of life that is relatively difficult to fulfill. In principle the crime problem does not stand alone, but it relates to other issues such as social, economic, political and cultural which is as a phenomenon that affects each other. To tackle crimes and criminal acts such a thorough enforcement and anticipation policy is required. One of the most common criminal acts in the community is the violence of violent blackmail. Perpetrators can be assessed by the community, therefore it is necessary to be handled by the law enforcement officers intensively with the severity of the criminal that was dropped. The problem in this study is how the judge's consideration in dropping a criminal against perpetrators of criminal offenses with violence against motorcycles belonging to others, what are some factors causing perpetrators of criminal extortion with violence. The method of study used is the normative juridical approach and empirical approach obtained directly at the District Court of Kls II Kalianda, state Attorney of South Lampung. Based on the results of the study can be concluded that the judge's judgment in the criminal offence against the perpetrator of violent criminal offence is in accordance with the element contained in article 368 paragraph (1) of the criminal CODE and was sentenced to 2 years imprisonment. Factors affecting the cause of perpetrators of criminal extortion in violence are environmental factors, economic factors on society, the law enforcement. The advice given is to be expected to the Tribunal, the attorney general and the police in providing or establishing the article can be in accordance with its elements and actions, to the rationing punishment against the defendant is considered fair and give a deterrent effect so that the defendant can not repeat it again. There is cooperation between law enforcement and the community in minimizing the crimes that occurred.

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Law Enforcement of Criminal Trading of Narcotics by the North Sumatera Narcotics Agency

Musamus Law Review ◽

10.35724/mularev.v3i1.3088 ◽

2020 ◽

Vol 3 (1) ◽

pp. 10-17

Author(s):

Ridzwan Budiadi ◽

Eriska Englin Sofia Butarbutar ◽

Rony Parlungutan Tampubolon

Keyword(s):

Law Enforcement ◽

Large Impact ◽

Primary Data ◽

Young Generation ◽

The North ◽

Narcotics Trafficking ◽

Research Questions ◽

The Government ◽

North Sumatra ◽

The City

The circulation of narcotics is one of the problems that should get more attention in Indonesia, especially in the city of Medan. This study uses the juridical-normative method in explaining research questions. In reinforcing arguments and explanations, researchers used primary data through direct interviews with the North Sumatra National Narcotics Agency (BNN) and secondary through scientific writings, news and official government publications. This paper explains that the government must be able to enforce the law related to the crime of narcotics trafficking, this is due to the large impact that can arise from the destruction of Indonesia's young generation.

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Victim of operational provocation or criminal?

Vestnik of the St. Petersburg University of the Ministry of Internal Affairs of Russia ◽

10.35750/2071-8284-2020-2-111-116 ◽

2020 ◽

Vol 2020 (2) ◽

pp. 111-116

Author(s):

Viktor Borkov

Keyword(s):

Law Enforcement ◽

Social Relations ◽

Criminal Liability ◽

Physical Property ◽

Criminal Code ◽

Judicial Practice ◽

Law Enforcement Officials ◽

The Russian Federation ◽

Legal Justification ◽

Legal Understanding

The article discusses the urgent, not regulated by the criminal law, problem of qualifying the actions of the person who committed the crime as a result of the provocative actions of law enforcement officials. Attention is drawn to the absence in theory and judicial practice of a consistent scientific and legal justification for the release of persons provoked to a crime from criminal liability. An “encroachment” committed as a result of a “police provocation” is considered taking into account the institutions of complicity, involvement and inducement to commit a crime. The author examines the proposals already made by experts from fixing the provocation of a crime as one of the circumstances excluding criminal liability (Chapter 8 of the Criminal Code of the Russian Federation), to including its arsenal of operationalsearch means to combat crime. According to the constitutional legal understanding of the investigated problem, the assessment of the act of the provoked is influenced by the activities of the persons who incited him to commit a crime, the essence of the disturbed social relations and the nature of the physical, property, organizational or other consequences that have occurred. The question of the criminal legal assessment of the acts of the provoked persons is proposed to be decided differentially, taking into account the reality and the measure of the harm caused by them.

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

LEGALITAS ◽

10.31293/lg.v5i2.5115 ◽

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.

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