scholarly journals PERTANGGUNGJAWABAN PIDANA TERHADAP PENGGUNA IJAZAH PALSU OLEH ANGGOTA DPRD DALAM PEMILIHAN UMUM LEGISLATIF (CONTOH KASUS PUTUSAN NOMOR: 196 K/PID.SUS/2016)

2019 ◽  
Vol 17 (1) ◽  
Author(s):  
Hery Firmansyah ◽  
Imelda Yohana Dewi
Keyword(s):  
Research Method ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Legislative Elections ◽  
Legal Research ◽  
National Education ◽  
Court Judge ◽  
National Education System ◽  
The People ◽  
The Right

A diploma is usually used as one of the conditions to meet the requirements for registration or recruitment from a position. For example, for the nomination of legislative members to be members of the DPR, DPD, Provincial DPRD and Regency DPRD. However, most legislative candidates in the regions do not have genuine diplomas for certain reasons, eventually the legislative candidates use fake diplomas in order to qualify in the general election. The problem studied is how criminal accountability of fake diploma users by DPRD members in legislative elections (Case Example Decision Number: 196 K / Pid.Sus / 2016)? The research method that I use is a normative legal research method which is also supported by interview data. The author analyzes that criminal liability is adjusted to the condition that a person can be held accountable based on criminal acts committed and articles used where the sanctions are there, in this case the article imposed is Article 69 paragraph (1) of the Law on the National Education System. When viewed from a decision that is used as an example by referring to its legal considerations, a court judge has considered everything so that he can be held to hold criminal responsibility and the judge has the right to decide. The author advises to conduct socialization so that there is no indication of the use of fake diplomas, it is necessary to impose a severe sentence for each actor, and the legislative candidates to be honest in nominating themselves as representatives of the people.

scholarly journals Pembaruan Pilar Hukum Pidana Dalam RUU KUHP

2021 ◽  
Vol 10 (2) ◽  
pp. 291
Author(s):  
Faisal Faisal ◽  
Muhammad Rustamaji
Keyword(s):  
Criminal Law ◽  
Research Method ◽  
Research Study ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Code ◽  
Law Reform ◽  
Legal Research ◽  
Discussion Section ◽  
The Ideal

The basic idea underlying the reform of  the Criminal Code Bill has an impact on reforming the pillars of criminal law. The purpose of this research is to find out the new direction of criminal law policy regarding criminal acts, criminal responsibility and punishment. The research method uses normative legal research. The results of the research study in the discussion section are the reform of the pillars of criminal law, namely criminal acts, criminal liability, and punishment oriented to the basic idea of ??the value of balance. The reform of the pillars of criminal acts is aimed at broadening the meaning of the legality principle which provides space for living law as a source of law and also creates juridical terminology regarding criminal acts. The pillar of criminal responsibility accommodates the principle of no crime without error. The pillar of punishment is that the purpose of punishment is no longer synonymous with retaliation, but there are efforts to improve the behavior of the perpetrators of crime. The changes in the three pillars are influenced by the basic idea of ??balancing the values ??of Pancasila, namely the values ??of Divinity, Humanity, and Society. Recommendations in strengthening the direction of criminal law reform are needed in formulating criminal provisions outside the Draft Criminal Code that must be in accordance with the basic idea of ??balance which is the ideal of criminal law reform law. Ide dasar yang melandasi pembaruan RUU KUHP berdampak pada pembaruan pilar hukum pidana. Tujuan penelitian untuk mengetahui arah baru kebijakan politik hukum pidana mengenai tindak pidana, pertanggungjawaban pidana dan pemidanaan. Metode penelitian menggunakan penelitian hukum normatif. Hasil kajian penelitian dalam bagian pembahasan ialah pembaruan pilar hukum pidana yakni tindak pidana, pertanggungjawaban pidana, dan pemidanaan berorientasi pada ide dasar nilai keseimbangan. Pembaruan pilar tindak pidana tertuju pada perluasan makna asas legalitas yang memberikan ruang pada hukum yang hidup sebagai sumber hukum dan melahirkan pula terminologi yuridis mengenai tindak pidana. Pilar pertangungjawaban pidana mengakomodasi asas tiada pidana tanpa kesalahan. Pilar pemidanaan bahwa tujuan pemidanaan tidak lagi identik pembalasan akan tetapi ada upaya memperbaiki perilaku dari pelaku kejahatan. Perubahan ketiga pilar tersebut dipengaruhi oleh ide dasar keseimbangan nilai Pancasila yaitu nilai Ketuhanan, Kemanusiaan, dan Kemasyarakatan. Rekomendasi dalam memperkuat arah pembaruan hukum pidana diperlukan dalam merumuskan ketentuan pidana di luar RUU KUHP harus sesuai dengan ide dasar keseimbangan yang menjadi cita hukum pembaruan hukum pidana

scholarly journals PENGARUH IMPLEMENTASI KEBIJAKAN PENGAWASAN, KOMPETENSI APARATUR DAN BUDAYA ORGANISASI TERHADAP KINERJA PENGAWASAN BIDANG PENDIDIKAN DASAR DI KOTA DEPOK

2019 ◽  
Vol 2 (3) ◽  
pp. 107-117
Author(s):  
Muhamad Nur ◽  
Khasan Effendy ◽  
M. Aries Djaenuri ◽  
Sampara Lukman
Keyword(s):  
Education System ◽  
Basic Education ◽  
Good Governance ◽  
Regional Government ◽  
National Education ◽  
National Education System ◽  
The People ◽  
Causality Relationship ◽  
The Government ◽  
The Right

Abstrak Penyelenggaraan pemerintahan diperlukan sebuah jalannya manajemen pemerintahan yang maksimal guna dicapainya penyelenggaraan pemerintahan yang baik (good governance) untuk mewujudkan kesejahteraan masyarakat dan merupakan tuntutan konstitusi pada Pembukaan Undang-Undang Dasar 1945 Alenia keempat. Pasal 31 Undang-Undang Dasar 1945 mengamatkan bahwa Pendidikan merupakan hak setiap warganegara dan pemerintah dan pemerintah daerah menjamin terselenggaranya sistem pendidikan nasional sesuai Undang-Undang Nomor 20 Tahun 2003. Penelitian ini bertujuan untuk menguji dan menganalis pengaruh implementasi kebijakan pengawasan, kompetensi aparatur, dan budaya organisasi terhadap kinerja pengawasan bidang pendidikan dasar. Metode yang digunakan dalam penelitian ini adalah kuantitatif dengan kuesioner terbuka dan tertutup. Hasil penelitian ini menunjukkan bahwa ada hubungan yang positif dan signifikan antara implementasi kebijakan pengawasan, kompetensi aparatur dan budaya birokrasi terhadap kinerja pengawasan bidang pendidikan dasar baik secara parsial maupun secara simultan. Kata Kunci: Pengawasan, Kompetensi Aparatur, Budaya Organiasi, Kinerja Pengawasan. Abstract The administration of government requires a way of maximizing government management in order to achieve good governance in order to realize the welfare of the people and constitute demands of the constitution at the Preamble of the fourth Alenia 1945 Constitution. Article 31 of the 1945 Constitution states that Education is the right of every citizen and the government and regional government guarantees the implementation of the national education system in accordance with Law Number 20 of 2003. This research aims to examine and analyze the effect of the implementation of supervisory policies, apparatus competencies, and culture organization of supervision performance in the field of basic education. The method used in this research is quantitative with open and closed questionnaires. The results of this study indicate that the causality relationship partially or simultaneously between the Implementation of Supervision Policy, Apparatus Competency and Bureaucratic Culture to the Supervision Performance of the Basic Education Sector is entirely positive and significant. Keywords: Oversight, Apparatus Competency, Organizational Culture, Oversight Performance.

scholarly journals Right to Own Land by the State in the Frame of Constitutional Law

2021 ◽  
Vol 2 (2) ◽  
pp. 46-57
Author(s):  
Zainuddin Zainuddin
Keyword(s):  
Constitutional Law ◽  
Research Method ◽  
The State ◽  
Legal Research ◽  
Proper Management ◽  
Unitary State ◽  
The People ◽  
Agrarian Law ◽  
The Republic ◽  
The Right

The right to control the state over land should be able to achieve the greatest prosperity of the people as mandated by Article 33 paragraph (3) of the 1945 Constitution of the Unitary State of the Republic of Indonesia. It is important to discuss the problem of the meaning of the substance of the right to control land by the State based on the 1945 Constitution. and what is the right to control land by the state based on regulations in the framework of constitutional law so that land for the greatest prosperity of the people can be achieved. The research method used is the normative juridical legal research method. The results show that the right to control land by the state within the framework of constitutional law is still very far from being burned, so that the prosperity of the people, one of which can be achieved through proper management of land controlled by the state, has not been able to achieve people's happiness as adhered to by the theory of utilitarianism law and more. continued as stated in the 1945 Constitution and the Basic Agrarian Law applicable in Indonesia.

TINJAUAN YURIDIS KAVLING SIAP BANGUN DI KOTA BATAM

2018 ◽  
Vol 6 (2) ◽  
pp. 110
Author(s):  
Padrisan Jamba, Irene Svinarky
Keyword(s):  
Research Method ◽  
Research Result ◽  
Secondary Data ◽  
Scientific Work ◽  
Land Ownership ◽  
Legal Research ◽  
Community Needs ◽  
The People ◽  
Scientific Analysis ◽  
Administrative Procedures

Batam City, which is one of the cities whose rules are slightly different from other cities inIndonesia, is about administrative procedures for land ownership registration, but for permits toallocate land, it is still held by the Batam Entrepreneurs Agency, abbreviated as BP Batam. InBatam City, the provision of KSB is actually given to residents due to various things. To get KSBthe community needs to fulfill the procedure first. This is what makes the writer interested intaking the title of Juridical Review of Ready-to-Build Courts in Batam City. The purpose of thispaper is to find out that the Ready-to-Build plot can be owned by land users (general public) inBatam City. The legal research method used in this study is normative legal research. Normativeresearch in it is also permitted to use scientific analysis of other sciences (including empiricalscience) to explain the legal facts examined by scientific work and juridical thinking (dankenjuridical). Retrieval Data used is by using secondary data, where documentation and recordingtechniques are through the file system. The Research Result for Ready-to-Build Plots in BatamCity may be owned by individuals, but the provision of KSB can be given to the community.People who get it while the people who get the plot still have not built a plot even though theprovisions in the temporary agreement agreed upon by the applicant with the BatamEntrepreneurial Agency the applicant must immediately build a building on the land.

TINJAUAN YURIDIS TERHADAP PENGEMBALIAN KEWENANGAN ISTIMEWA MAJELIS PERMUSYAWARATAN RAKYAT MELALUI PERUBAHAN UNDANG-UNDANG DASAR NEGARA REPUBLIK INDONESIA TAHUN 1945

2018 ◽  
Vol 5 (1) ◽  
pp. 142
Author(s):  
Putu Ayu Anastasia Wierdarini
Keyword(s):  
Research Method ◽  
State Institution ◽  
Vice President ◽  
Legal Research ◽  
Conceptual Approach ◽  
Administration System ◽  
Material Content ◽  
The People ◽  
State Administration ◽  
Strategic Position

The amendment of the Undang-Undang Dasar Negara Republik Indonesia Tahun 1945 positioned the Majelis Permusyawaratan Rakyat no longer as the highest state institution and the highest sovereign of the people. This has implications for the authority of the Majelis Permusyawaratan Rakyat to have a strategic position, namely to UUD 1945, to stipulate GBHN, to elect the president and vice president through amendment of its authority to be very limited and weak. This paper examines jurisdictionally how to restore the privileges possessed by the Majelis Permusyawaratan Rakyat through the amendment of the UUD 1945. A normative legal research method with statute approach and conceptual approach is used to analyze this problem.The results of the study indicate that the MPR's repatriation in the main and vital position in the Indonesian state administration system is very important, namely through amendments to the material content of the UUD 1945 which must be implemented on an ongoing basis.

scholarly journals Implementasi Peraturan Daerah Kabupaten Badung Nomor 10 Tahun 2017 tentang Kawasan tanpa Rokok pada Tempat Wisata

2020 ◽  
Vol 1 (1) ◽  
pp. 55-59
Author(s):  
Karinka ◽  
I Ketut Sukadana ◽  
I Nyoman Sutama
Keyword(s):  
Human Rights ◽  
Cigarette Smoke ◽  
Research Method ◽  
Civil Service ◽  
Public Knowledge ◽  
Legal Research ◽  
Tourist Attractions ◽  
Inhibiting Factor ◽  
The Right

Smoking belongs to the right of all people, but smoking can interfere with Human Rights because the distribution of cigarette smoke produced by smokers can interfere with the health of people around. In Bali, tourist attractions are one of the non-smoking areas. This is stated in the Regional Regulation of Badung No. 10 of 2017 concerning Non-Smoking Areas. Related to this, the study examines two things, that is, the regulation of No-Smoking Areas in the tourist attractions in Badung Regency and the implementation of the Regional Regulation of Badung No. 10 of 2017 on the tourist attractions. The research method used is empirical legal research that is conducting a direct research followed by analyzing data and presented in qualitative manner. In its regulation, Civil Service Police Unit (Satpol PP) as the enforcer of the regional regulation has conducted supervision on tourist attractions and sanctions given in accordance with the Article 21 Number (10) of 2017 of the Badung Regency Regional Regulation. Its application has been done through socialization to the manager of tourist attractions, but the lack of public knowledge about the non-smoking areas in tourist attractions has been appearing as an inhibiting factor.

scholarly journals The Certainty And Legal Protection To The Buyer's Auction Of The Mortgage Right Object On Online Auctions At The Service Of Wealth State Office And Auction (KPKNL)

Jurnal Akta ◽  
2018 ◽  
Vol 5 (2) ◽  
pp. 481
Author(s):  
Arif Budi Pamungkas ◽  
Djauhari Djauhari
Keyword(s):  
Research Method ◽  
Online Auctions ◽  
Legal Protection ◽  
Legal Certainty ◽  
Legal Research ◽  
The Public ◽  
State Office ◽  
The Law ◽  
The Right ◽  
The Way

An auction is an activity of selling of goods in public by means of a verbal-bid to get the higher price or to get lower prices and the price quote can be done in a closed and written. This is done by the way of collecting the prospective buyers of the auction led by officials of the auction. In this case, the intended auction was the sale of goods that are held publicly. The auction, according to the regulations of security right, is when the debtor made a breach, the holder of the security rights have the right to sell the security rights’ objects over its own power through a public auction as well as taking payment of account receivable from the sale proceeds. An auction is an alternative to the sale of an undertaken asset by way of inviting prospective buyers at a particular time and place in which the last highest bidder in writing or orally is determined as the winner. The author used socio-legal research as his research method. To meet the forth standards set by the law, the auction should be widely announced to the public, either through printed file, electronic or visual. A legal certainty as a basis which concerned with propriety and justice is very closely related to the principle of auction sales in another. As the formulation of the problem of the form of identification of the problem, namely how the legal protection of the auction buyers encountered the obstacles as well as the solution.Keywords: Auction; Legal Protection; Mortgage Right

scholarly journals Hak dan Kewajiban Krama Desa terhadap Karang Desa di Desa Adat Tumbu Karangasem

2021 ◽  
Vol 2 (1) ◽  
pp. 121-125
Author(s):  
Putu Aditya Palguna Yoga ◽  
I Made Suwitra ◽  
I Ketut Sukadana
Keyword(s):  
Research Method ◽  
Legal Research ◽  
Conceptual Approach ◽  
Mutual Cooperation ◽  
Interview Techniques ◽  
The Right ◽  
The Village ◽  
The Relationship ◽  
Legal Consequences

The relationship between the ruler and the land is closely related to obligations in the form of ayahan for village karma for both the banjar and the village. This study aims to determine the control of village coral and the legal consequences if there is village karma that neglects its obligations. The research method used in this research is empirical legal research with a conceptual approach. Data that has been collected through interview techniques. The results of this study indicate that the right for village krama who has carried out their obligations is to legally obtain Karang Desa land protected by the village. If Krama Desa dies, he will receive land. Meanwhile, the obligation of the village manners who occupy the village reef is obliged to take part in the village temple during the odalan fee in the form of pepesan money (klangsah palpalan penjor) and must be present at the time of mutual cooperation activities. Through this research, it is hoped that the village officers will socialize more often about Karang Desa, especially regarding their rights and obligations so that one day the Krama Desa who violates them will not be given sanctions.

scholarly journals ANALISIS PUTUSAN NOMOR 559/PID.B/2017/PN.BYW. PENGADILAN NEGERI BANYUWANGI TENTANG PENYEBARAN AJARAN KOMUNISME/MARXISME-LENINISME SECARA MELAWAN HUKUM BERDASARKAN PASAL 107A KUHP

2019 ◽  
Vol 2 (2) ◽  
pp. 1108
Author(s):  
Andreas Purba ◽  
Firman Wijaya
Keyword(s):  
Research Method ◽  
Criminal Liability ◽  
Criminal Code ◽  
Basic Element ◽  
District Court ◽  
Prison Sentence ◽  
Legal Research ◽  
State Security ◽  
Individual Accountability

Budi Pego was charged with violating Article 107a of Law Number 27 of 1999 concerning Amendment to the Criminal Law Code relating to crimes against State security, because of. Because of these accusations, Budi Pego was charged with a 10-month prison sentence in the Banyuwangi District Court. The problem faced is how criminal liability on the perpetrators of the spread of the teachings of communism in terms of Article 107A of the Criminal Code (case study of decision No. 559 / Pid.B / 2017 / PN.Byw)? The research method used is normative legal research. The results showed that criminal liability on the perpetrators of the spread of the teachings of communism in terms of Article 107A of the Criminal Code in Decision No. 559 / Pid.B / 2017 / PN.Byw. it is inappropriate if this criminal liability model is applied to criminal liability to individuals. Considering that individual accountability still requires actions and mistakes as a basic element of accountability. That is, without any deeds and mistakes, there is no criminal liability. Regarding the Budi Pego case, the policy of criminalizing the ideology of Communism/Marxism-Leninism was decriminalized. If this cannot be done, then the legislators need to revise Law No. 27 of 1999 with the concept of eliminating articles containing formal offenses and replacing them with the formulation of material offenses and in the formulation of the weight of sanctions.

scholarly journals THE DYNAMICS OF LAW ENFORCEMENT IN REGIONAL HEAD ELECTIONS DURING COVID-19 PANDEMIC

2021 ◽  
Vol 8 (2) ◽  
pp. 193
Author(s):  
Mirza Nasution ◽  
Muhammad Yusrizal Adi Syaputra
Keyword(s):  
Law Enforcement ◽  
Research Method ◽  
The State ◽  
Legal Research ◽  
Cultural Backgrounds ◽  
The People ◽  
Social Entity ◽  
Democratic Country ◽  
Laws And Regulations

The state is a social entity that consists of areas that have almost similar historical-cultural backgrounds. These areas have administrative divisions that are hierarchical in nature, where the division aims to accelerate the development and improvement of the area and the people in it. The research method used in this research is normative legal research method. The normative legal research method is a research method that looks for facts through the variables derived from the laws and regulations that are examined on their implementation and their effectiveness and shortcomings so that improvements and improvements can be made to these laws and regulations. Regional head elections are an inseparable part of a country that adheres to the principles of democracy and is even part of the characteristics of a democratic country.

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