scholarly journals Revenge porn sebagai Kejahatan Kesusilaan Khusus: perspektif Sobural

2017 ◽  
Vol 3 (2) ◽  
pp. 299-326 ◽  
Author(s):  
Hwian Christianto
Keyword(s):  
Law Enforcement ◽  
Cultural Values ◽  
Criminal Law ◽  
Secondary Data ◽  
Close Correlation ◽  
Primary Data ◽  
Structural Factors ◽  
Moral Norms ◽  
Substantive Justice ◽  
Revenge Porn

Revenge porn is a new growing modus operandi of crime in society. Law enforcement still considers porn revenge as a pornographic crime in general as it is an activity of disseminating information that violates decency. Approach used by law enforcement in assessing revenge porn is still limited to  formal juridical approach without considering the characteristics of porn revenge that substantive justice is not fulfilled. As part of a full understanding of porn revenge, a Criminological understanding of the Sobural approach is made. Two issues to be studied are (1) what is the significance of using the Sobural approach? And  (2) Is revenge porn a decency crime based on the Sobural approach? Empirical  juridical research method is used in this study by basing on a primer in the form of legislation supported by criminal law theory related to revenge porn. Exposure from primary data is associated with secondary data in the form of Judge Judgment to see understanding of defeating of revenge porn by a judge.  The results of the study show that criminological understanding of porn revenge provides a very significant different approach in criminal law. Revenge porn is judged by the context of the community in which the perpetrators and acts of revenge porn are performed. Sobural (Social, Cultural and Structural) approach affirms contextual assessment of porn revenge based on social values, cultural values and structural factors of society. The approach of these three elements has a close correlation with the moral norms as the measure of defamation of crime of pornography as a decency crime. The integration of the Sobural approach to the understanding of moral norms in assessing porn revenge will provide an opportunity for the enforcement of living laws in society.

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 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 Law Enforcement Against Liquor Distribution by Police in The District of Demak

2018 ◽  
Vol 1 (2) ◽  
pp. 383
Author(s):  
Misbakhul Munir ◽  
Sri Endah Wahyuningsih
Keyword(s):  
Law Enforcement ◽  
Human Resources ◽  
Cultural Values ◽  
Preventive Measures ◽  
Descriptive Analysis ◽  
Secondary Data ◽  
Primary Data ◽  
Collection Method ◽  
Community Factors

Issues examined in this study were (1) Implementation of law enforcement against liquor by the Police Demak. (2) Obstacles encountered. (3) How the solutions do about it. The purpose of this study was to understand, describe, analyze and assess the implementation of enforcement by the Police in combating liquor Demak. The method used is Juridical Sociological with specification of descriptive analysis, the data used are primary data and secondary data so that the data collection method used is qualitative analysis. (1). Implementation of Law Enforcement by Police in combating liquor Demak carried out by (a) Preventive measures, namely the dissemination and raids (b) repressive actions, namely investigation, investigation, prosecution and trial. (2). Barriers Police Demak in law enforcement in combating the circulation of liquor (a) factor is the law that is not yet the enactment of a special law regulating the circulation of liquor (b) Factors law enforcement, namely the limited human resources (c) Factors of facilities (d) community factors, namely the lack of legal awareness (e) Cultural factors of society violates the cultural values of society. (3) Efforts by the Police Demak to overcome the obstacles in the fight against the circulation of liquor (a) Factors law (b) Improve the quality of Human Resources (c) Adding equipment and funds (d) Conducting socialization (e) To promote cooperation between agencies Related in Demak district.Keywords: Law Enforcement, Police, Liquors.

scholarly journals Responsibilities Of The Corporate Director Against The Dark Criminal Action In The Position Based On The Decision Of The Court Sumber Of Cirebon Regency (Studies on Decision No.202 / Pid.B / 2019 / PN.Sbr)

2020 ◽  
Vol 3 (1) ◽  
pp. 41
Author(s):  
Junaidi Junaidi ◽  
Sri Endah Wahyuningsih ◽  
Ira Alia Maerani
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Corporate Crime ◽  
Descriptive Analysis ◽  
Secondary Data ◽  
Criminal Code ◽  
Company Law ◽  
Primary Data ◽  
Criminal Offense ◽  
Sociological Approach

The problems of this study were 1) corporate position as the subject of criminal law in Indonesia? 2) law enforcement against corporations as subjects of a criminal offense of embezzlement in office at the Court Sumber of Cirebon Regency? 3) accountability of corporate directors to the crime of embezzlement in office by Court Sumber of Cirebon Regency.The method used by researchers is sociological approach juridical law and specification in this study were included descriptive analysis. The source and types of data in this study are primary data obtained from interviews with field studies The defendant and the Legal Counsel in prisons Cirebon, And secondary data obtained from the study of literature. Data were analyzed qualitatively.Based on the results of this study are The position of the corporation as a subject of criminal law in particular is currently only recognized in the Act governing the criminal offense outside the Criminal Code. Law enforcement has inkracht / final until a court decision with the principle of lex generalis / delict general, instead of using the principle of lex sepesialis for in the Penal Code there is no article regulating the criminal offense of corporate (Company Law) Law Company Limited of the Republic of Indonesia No. 40 of 2007 . Accountability director of the corporation against the crime of embezzlement in a position based on the decision of the Court Sumber of Cirebon Regency is from the start (LP) Police Report Number: LP B / 446 / X / 2017 / Jabar / RES CRB dated October 8, 2018 and has been decided by the Court in decision Number 202 / Pid.B / 2019 / PN Sbr.Keywords : Responsibility; Corporate; Crime; Fraud; Position.

scholarly journals LAW ENFORCEMENT TO OFFENDERS’ RIGHTS BASED ON CONTEMPT OF COURT

2017 ◽  
Vol 6 (3) ◽  
pp. 552
Author(s):  
Ibnu Subarkah
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Secondary Data ◽  
Primary Data ◽  
Subjective Perception ◽  
Data Types ◽  
Literature Study ◽  
Legal Research ◽  
Penal Reform

<p>In legal field, especially related to judicial field of judiciary, efforts to reform criminal law to and to overcome justice and certainty are done incessantly which means that law enforcement efforts need to be effected. Some situations and conditions may reduce judicial image if the law enforcement is lacking or not being noticed at all. The existence of cases through legal, research, academic thinking, as well as opinion of legal practitioners have varied the existence of judiciary images. Therefore, this research is specifically aimed to know, describe, and at the same time analyze the rights of defendants (offenders of rights) based on contempt of court.</p><p>The method used in this study is qualitative research prioritizing quality and primary and secondary data types. The primary data are taken empirically from the field and the secondary data are taken from literature study, documentation, determination of respondents by purposive sampling in which the interviewee is a judge.</p><p>The results show that, in practice, the rights of defendants are protected in accordance to the applicable provisions as well as the contempt of court issue. Due to the subjective perception of community in the course of trial, it is essentially needed to immediately draw up the Contempt of Court Law.</p><p>Keywords: Law Enforcement, Offenders’ Rights, Contempt of Court, Penal Reform</p>

scholarly journals Implementation Of Criminal Enforcement In The Circulation Of VCD (Video Compact Disc) On The Level Of Investigations In Rembang Polres Area

2020 ◽  
Vol 3 (1) ◽  
pp. 207
Author(s):  
Priyantono Priyantono ◽  
Jawade Hafidz
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Secondary Data ◽  
Field Studies ◽  
Compact Disc ◽  
Primary Data ◽  
Public Prosecutor ◽  
The Public ◽  
Library Studies ◽  
Case Files

This study aims to determine and analyze the implementation of criminal law enforcement in pirated VCD (Video Compact Disc) cases at the investigation level in the Rembang Police area, obstacles and efforts to overcome them.The method used is sociological juridical, descriptive analytical research specifications. The data used are primary data and secondary data. Data collection methods are field studies and library studies. The method of data analysis uses qualitative analysis. As a knife of analysis, law enforcement theory is used, and law effectiveness theory is used.The results showed that the implementation of criminal law enforcement in the case of pirated VCD (Video Compact Disc) at the level of investigation in the Rembang Police District area was in accordance with the provisions of the applicable laws and regulations, namely through several stages namely investigation, forced effort, examination, determination of suspects , filing, submitting case files to the public prosecutor and submitting the suspect and evidence to the public prosecutor. Obstacles in the implementation of criminal law enforcement in pirated VCD (Video Compact Disc) cases at the investigation level in the Rembang Police Precinct are investigators who have difficulty tracking down perpetrators, difficulties in bringing in expert witnesses, lack of legal awareness from perpetrators or from the public.Keywords: Criminal Law Enforcement; Investigation; Distribution Of Pirated Video Compact Discs.

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 PERSPECTIVE OF RELIGIOUS JUSTICE IN THE FORMULATION OF PENAL REFORM

Cepalo ◽  
2021 ◽  
Vol 5 (1) ◽  
pp. 53-64
Author(s):  
Reski Anwar ◽  
Faisal Faisal ◽  
Rio Amanda Agustin
Keyword(s):  
Law Enforcement ◽  
Data Collection ◽  
Rule Of Law ◽  
Criminal Law ◽  
Secondary Data ◽  
Legal Certainty ◽  
Legal Practice ◽  
Penal Reform ◽  
Substantive Justice ◽  
Law And Justice

The perspective of justice from law enforcement is only on the law’s guidance, not based on God’s guidance that prioritizes substantive justice. The idea of religious justice contained in the renewal of criminal law there is Article 53 paragraph (2), with the provision reads in considering the establishment of law and justice as referred to in paragraph (1) there is a conflict that can not be met, the judge must prioritize justice. The recommendations are stated because the explanation of Article 53 paragraph (2) says that justice and legal certainty are two legal objectives that are often not in line with each other and difficult to avoid in legal practice. A rule of law that meets more legal certainty demands, the more likely aspects of justice are urged. Metode research used in this study is normative research, namely research on library materials that are essential data that is classified as secondary data that rests on data collection tools similar to literature studies or document studies. The results showed that if in the application of concrete events, justice and legal certainty are mutually urgent, then the judge, as far as possible, prioritizes justice over legal certainty. Religious Justice that exists in the value of Pancasila formulated into the renewal of criminal law justice contains a demand that people treat others following their rights and obligations. The treatment is not indiscriminate or compassionate; instead, everyone is treated equally under their rights and responsibilities.

ANALISIS HUKUM PIDANA DENDA PELANGGARAN LALU LINTAS DI KOTA BENGKULU (DITINJAU DARI UNDANG-UNDANG NOMOR 22 TAHUN 2009 TENTANG LALU LINTAS DAN ANGKUTAN JALAN)

2019 ◽  
Vol 2 (1) ◽  
pp. 24-33
Author(s):  
Apen Diansyah
Keyword(s):  
Death Penalty ◽  
Criminal Law ◽  
Secondary Data ◽  
Criminal Code ◽  
Primary Data ◽  
Economic Factors ◽  
Inhibiting Factors ◽  
Library Research ◽  
The Law ◽  
The City

ABSTRAKPenelitian ini ditujukan untuk mengetahui penerapan denda terhadap pelanggar berlalu lintas di kota Bengkulu ditinjau dari Undang-undang Nomor 22 Tahun 2009, serta untuk mengetahui faktor penghambat dalam penerapan pidana denda terhadap pelanggar barlalu lintas di Kota Bengkulu. Penelitian dilaksanakan disatuan lalu lintas Polres dan Polda Kota Bengkulu. Adapun data yang didapatkan adalah data primer dan data sekunder melalui penelitian lapangan dan penelitian kepustakaan, kemudian data dianalisis dengan cara deskriptif. Peraturan yang tertera pada undang-undang yang tertera sepenuhnya untuk meningkatkan kesadaran untuk setiap pelanggar yang melakukan pelanggaran, tetapi pada kota Bengkulu undang-undang tersebut tidak sepenuhnya berjalan efektif. Menurut pandangan Undang-undang 22 Tahun 2009, penerapan pidana denda masuk dalam kategori pidana pokok (sesuai Pasal 10 KUHP) sebagai urutan terakhir atau keempat, sesudah pidana mati, pidana penjara dan pidana kurungan. Selain dari itu, faktor penghambat keefektifan Undang-undang seperti faktor ekonomi, faktor kedekatan emosional dan faktor kekebalan institusional.Kata kunci: tindak pidana; hukum pidana; dendaABSTRACTThis study aims to determine the application of violators from cities in Bengkulu in terms of Law Number 22 of 2009, and to find out the inhibiting factors in the application of fines to traffic violators in the city of Bengkulu. The research was carried out in the traffic city of the City Police of the City of Bengkulu. The data obtained are primary data and secondary data used for library research and research, then the data are analyzed descriptively. The regulations stated in the law that are fully stated to increase awareness for every offender who commits an offense, but in the city of Bengkulu the law is not fully effective. According to the view of Law 22 of 2009, the application of criminal fines falls into the main criminal category (according to Article 10 of the Criminal Code) as the last or fourth order, after the death penalty, imprisonment and imprisonment. Apart from that, factors inhibiting the effectiveness of the law such as economic factors, emotional proximity factors and institutional immune factors.Keywords: crime; criminal law; fines

Acquisition Cost of Land and Building Rights Based on Buying and Selling

Authentica ◽  
2020 ◽  
Vol 2 (1) ◽  
pp. 1-17
Author(s):  
Singgih Permana Adhi
Keyword(s):  
Law Enforcement ◽  
Acquisition Cost ◽  
Secondary Data ◽  
Primary Data ◽  
Research Procedure ◽  
Approach Method ◽  
Transaction Price ◽  
Legal Consequences

The collection of regional taxes and levies must be based on Law Number 28 of 2009 concerning Regional Taxes and Regional Levies, and for the Banyumas Regency area, it has been regulated in Regional Regulation Number 1 of 2011 concerning Regional Taxes in conjunction with Regional Regulation Number 22 of 2016 concerning Amendments to the Second Regulation Region Number 1 the Year 2011 concerning Regional Taxes. One type of tax that is under the authority of the regions is the Fees for Acquisition of Rights on Land and Buildings, hereinafter referred to as BPHTB. The approach method used in thisresearch is the normative juridical approach method. The data used are secondary data and primary data as a complement to secondary data. The results and discussion are the application of BPHTB based on the  sale and purchase of the implementation including the process of filling in the SSPD BPHTB, determining tax objects, tax taxes, calculating taxes, research or validation, and payment. BPHTB is based on the sale and purchase of applications based on the PDRD Law and Regional Tax Regulations, the basis for calculating the BPHTB is the transaction price, therefore based on the Regent Regulation, the RegionalFinance Agency carries out a research procedure (validation) of BPHTB based on buying and selling with the truth of the transaction price value used to calculate BPHTB. PPAT which regulates the deed of transfer of rights, without ta  supervision has been paid and validated giving legal consequences for PPAT in the form of sanctions in the form of fines for each award. Law enforcement of sanctions on administrative fines against PPAT and the procedures for its implementation are not regulated and have not been further regulated in the PDRD Law, Regional Tax Regional Regulations, or in implementing regulations.Keywords: Regional Taxes; Fees for Acquisition of Rights on Land and / or Buildings; Legal Consequencesof Land Deed Making Officials.

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