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.

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 Criminal Policy About Kecubung Containing Addictive Substances According to Law Number 35 of 2009 Concerning Narcotics

2021 ◽  
Vol 1 (3) ◽  
pp. 128-132
Author(s):  
Djoko Purwanto
Keyword(s):  
Law Enforcement ◽  
Criminal Policy ◽  
Research Approach ◽  
Altered Consciousness ◽  
Theological Interpretation ◽  
Conceptual Approach ◽  
Analysis Technique ◽  
Law Enforcement Officials ◽  
Approach Method

This paper raises problems related to the absence of regulation regarding kecubungwhich contains alkaloid substances known as anesthetics and is an addictive substance for Narcotics, substances which when consumed in excess can cause decreased and altered consciousness, loss of taste, eliminate or reduce pain and cause dependence. severe or excruciating pain. The absence of regulations regarding amethyst has resulted in a legal vacuum and this is very unfortunate. This journal research uses normative juridical research supported by empirical juridical, the research approach method used is the statute approach (statutory approach), the conceptual approach (conceptual approach) and the case approach (case approach) and the data analysis technique of this research uses interpretation techniques. systematic, grammatical interpretation and theological interpretation. The results of the study concluded that regulation of the use of Kecubung is very much needed, where later this regulation can be used as a basis for law enforcement officials, especially the Police and BNN to process the law against the new types of Narcotics abuse as referred to in Law Number 35 of 2009 concerning Narcotics and Permenkes Number 44 of 2019 concerning changes in the classification of Narcotics.

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.

scholarly journals Tinjauan Yuridis Ketentuan Uang Muka di Bawah Ketentuan Peraturan Menteri Keuangan dan Otoritas Jasa Keuangan

2020 ◽  
Vol 2 (1) ◽  
Author(s):  
Ardrian Yolanda ◽  
Ali Hanafiyah
Keyword(s):  
Law Enforcement ◽  
Financial Services ◽  
Secondary Data ◽  
Motor Vehicles ◽  
Basic Material ◽  
Applicable Law ◽  
Advance Payment ◽  
Business Financing ◽  
Legal Consequences ◽  
Laws And Regulations

The thesis aims to determine the application of advances in the provisions of the prevailing laws and regulations. And how the legal consequences for violations of the provisions stipulated by regulation of the Minister of Finance No. 43/PMK. 010/2012 concerning advances in consumer financing for motor vehicles in financing companies, and regulation of the Financial Services Authority No. 35/POJK. 05/2018 on the implementation of business financing company. The type of research used in this study is normative juridical law research conducted by examining the library material or secondary data as the basic material to be examined by conducting a search of the rules and literature relating to the investigated issues. The result of this thesis study shows that regulation of the Minister of Finance No. 43/PMK. 010/2012 concerning advances in consumer financing for motor vehicles in financing companies and regulations of the Financial Services Authority No. 35/POJK. 05/2018 concerning the implementation of the financing company is not contrary to the prevailing laws and regulations. However, the regulations have not been implemented optimally in the field, because there are still many violations regarding the promotion of low DP in dealers who have been in cooperation with leasing. In regulation of the Minister of Finance shall apply a 20% advance payment and in regulation of the Financial Services Authority at least 10%. But there are still some leasing that violates the provisions far from the prevailing provisions. The consequences of applicable law in the form of warnings, suspension of business activities, and revocation of business licenses. But because there is no firm supervision in the field make dealers/leasing often commit violations, causing uncertainty in law enforcement.

scholarly journals KENDALA PENEGAKAN HUKUM TINDAK PIDANA KORPORASI DALAM BIDANG PERPAJAKAAN DI INDONESIA

2021 ◽  
Vol 10 (2) ◽  
pp. 116-137
Author(s):  
Dr.Bambang Ali Kusumo,S.H,Mhum.
Keyword(s):  
Law Enforcement ◽  
Secondary Data ◽  
Legal Culture ◽  
Tax Law ◽  
Applicable Law ◽  
Individual Person ◽  
Procedural Law ◽  
Legal Structures ◽  
Data Source ◽  
The Subject

The subject of Tax Law is an individual (person) and a Legal Entity or Corporation. In the enforcement of tax law, there are often deviations from the Tax Law, both committed by individuals and corporations. Efforts to resolve these irregularities for person actors are easier to resolve in accordance with applicable law, but for corporate actors there are many obstacles. What is this obstacle, is revealed through research. The research was carried out with the type of juridical nomative research, the nature of the research was descriptive. The dominant data source is secondary data, which includes primary legal materials, secondary legal materials and tertiary legal materials. The results of the study indicate that the obstacles that arise in law enforcement against corporations are caused by weaknesses in legal substance, weaknesses in legal structures, weaknesses in legal culture and weaknesses in procedural law.  

scholarly journals IMPLEMENTASI PENEGAKAN HUKUM LINGKUNGAN PADA SEKTOR PERTAMBANGAN DI KABUPATEN KUNINGAN

2017 ◽  
Vol 4 (1) ◽  
Author(s):  
Suwari Akhmaddhian
Keyword(s):  
Law Enforcement ◽  
Environmental Law ◽  
Human Life ◽  
Research Approach ◽  
Mining Sector ◽  
Regional Environment ◽  
Approach Method ◽  
Mining Law ◽  
The Law

AbstractLaw enforcement is an interesting issue to be studied because it deals with the implementation of applicable laws and regulations, enforcement of environmental law is closely related to all aspects of human life because the environment is a buffer of life on this earth. The formulation of the research that the researcher formulated is how to regulate the law enforcing environmental law enforcement in mining sector in kuningan Regency and Implementation of environmental law enforcement in mining sector in kuningan regency. The purpose of this study is to find out the legislation regulating the enforcement of environmental law in the mining sector in Kuningan Regency and To know? Implementation of environmental law enforcement in mining sector in Kuningan regency. The research approach method is empirical juridical. The result of the research is the Regional Regulation of Kuningan Regency Number 7 Year 2014 on the Management and Protection of the Regional Environment and Implementation of environmental law enforcement in mining sector in Kuningan Regency through the making of regulation related to environment and mining, law enforcement through repressive and persuasive Increasing the role of the community in accordance with the mandate of the law. The conclusion of this research is that law enforcement in mining sector is done through persuasive and repressive approach.Keywords: Implemetation, Enforcement, Law, Environment, Mining. Abstrak Penegakan hukum merupakan isu yang menarik untuk diteliti karena berkaitan dengan implementasi peraturan perundang-undangan yang berlaku, penegakan hukum lingkungan sangat berkaitan dengan semua aspek kehidupan manusia karena lingkungan merupakan penyangga kehidupan mahluk hidup di bumi ini. Rumusan penelitian yang peneliti dirumuskan adalah Bagimana pengaturan perundang-undangan yang mengatur penegakan hukum lingkungan pada sektor pertambangan di Kabupaten Kuningan dan  Implementasi penegakan hukum lingkungan pada sektor pertambangan di Kabupaten Kuningan. Tujuan penelitian  ini adalah untuk mengetahui pengaturan perundang-undangan yang mengatur penegakan hukum lingkungan pada sektor pertambangan di Kabupaten Kuningan dan Untuk mengetahui ? Implementasi penegakan hukum lingkungan pada sektor pertambangan di Kabupaten Kuningan. Metode pendekatan  penelitian adalah yuridis empiris. Hasil penelitian yaitu adanya Peraturan Daerah Kabupaten Kuningan Nomor 7 Tahun 2014 tentang Pengelolaan dan Perlindungan Lingkungan Hidup Daerah dan Implementasi penegakan hukum lingkungan pada sektor pertambangan di Kabupaten Kuningan yaitu  melalui pembuatan peraturan perundangan yang berkaitan dengan lingkungan hidup dan pertambangan, penegakan hukum melalui represif dan persuasif serta peningkatan peran masyarakat sesuai dengan amanat peraturan perundangan. Kesimpulan penelitain ini adalah penegakan hukum pada sektor pertambangan dilakukan melalui pendekatan persuasif dan represif.Kata kunci : Implemetasi, Penegakan, Hukum, Lingkungan, Pertambangan.

scholarly journals DIREKTORAT JENDERAL PAJAK SEBAGAI PENEGAK HUKUM TRANSFORMATIF DI INDONESIA

Scientax ◽  
2019 ◽  
Vol 1 (1) ◽  
pp. 41-57
Author(s):  
Bayu Krisnapati
Keyword(s):  
Law Enforcement ◽  
Secondary Data ◽  
Public Law ◽  
Research Use ◽  
Law System ◽  
Directorate General ◽  
Qualitative Descriptive ◽  
Approach Method ◽  
Service Institution ◽  
Government Institution

Directorate General of Taxes (DGT) is a government institution that half of the authority is judicative because the DGT is able to collect revenue by using enforcement to taxpayers. The DGT has judicative characteristic so that the DGT must be abreast with the other law enforcement institution in Indonesia law system. In this case, the writer used the term of Transformative Law Enforcement (TLE). Act number 9/2017 gives new duty and power for the DGT so that it strengthen DGT position as a TLE. This research focuses on DGT role as a TLE until the existence of the DGT can be recognized in public law system and is purposed for the DGT to have specific law that manage the DGT. This research use normative judicatory approach method and qualitative descriptive with secondary data. The conclusion is that Act number 9/2017 gives new duty and power for the DGT as TLE to have unimpeded access of financial information from financial service institution and another entity in order to increase taxpayer compliance eventhough it might cause conflict of interest with Bank Indonesia as the central bank and the highest authority of all banks in Indonesia.

Adaptasi Kebiasaan Baru Masyarakat Saat Pandemi Covid-19 (Studi Kasus Adaptasi Institusi Pendidikan di Nagari Tigo Koto Silungkang Kecamatan Palembayan Kabupaten Agam)

Horizon ◽  
2021 ◽  
Vol 1 (3) ◽  
pp. 554-568
Author(s):  
Vioni Pebriancha ◽  
Nilda Elfemi ◽  
Ikhsan Muharma Putra
Keyword(s):  
Data Analysis ◽  
Respiratory Infections ◽  
Task Force ◽  
Secondary Data ◽  
Research Problem ◽  
Study Data ◽  
Primary Data ◽  
Educational Institutions ◽  
Research Approach ◽  
Data Presentation

This research is motivated by the existence of a virus called Covid-19. Covid-19 is a virus that can cause death in humans and animals. This virus is known to cause respiratory infections ranging from mild flu to more severe illnesses in humans. The implementation of the adaptation of new habits has been implemented by the Indonesian government since July 2020. With the importance of new habits in educational institutions, to what extent are the adaptations of new habits implemented by educational institutions. The formulation of the research problem is how to apply the adaptation of the community's new habits during the Covid-19 pandemic in Nagari Tigo Koto Silungkang, Palembayan District, Agam Regency. The theory used in this study is the structural functional theory proposed by Talcott Parsons. The research approach used is a qualitative approach with a descriptive analytical research type. The types of data used in this study are primary data and secondary data. There were 7 informants involved in this study. Data collection methods were used in two ways, namely observation, in-depth interviews and document studies. To achieve the validity of research data using triangulation techniques. Meanwhile, the unit of data analysis used was a group with data analysis by Miles and Huberman, namely data reduction, data presentation, data presentation and conclusion drawing. From the results of the study, it can be concluded that the educational institutions in Nagari Koto Silungkang, Palembayan District, Agam Regency consist of SMP Negeri 2 Palembayan, MTs Swasta Tantaman and MTs Swasta Gumarang that each institution has prepared important facilities for adapting new habits. Adaptation of new habits has been carried out in accordance with health protocols, violations that occur in each institution are the difficulty of students wearing masks after being outside the classroom for reasons of shortness of breath, then each institution also builds and forms a school organization system in implementing adaptation of new habits by form a school task force team. Keywords: Adapt New Habbits, Covid-19 Pandemic

Pelaksanaan Keterampilan Dasar Mengajar Guru Sosiologi pada Masa New Normal Di SMA N 1 Pasaman

Horizon ◽  
2021 ◽  
Vol 1 (3) ◽  
pp. 516-530
Author(s):  
Selvi Fauzia Selvi Fauzia ◽  
Marleni Marleni ◽  
Yanti Sri Wahyuni
Keyword(s):  
Data Analysis ◽  
Human Life ◽  
Basic Skills ◽  
Secondary Data ◽  
Research Problem ◽  
Research Approach ◽  
Teaching Sociology ◽  
New Normal ◽  
Data Presentation ◽  
Normal Period

This research was motivated by the Corona Virus Outbreak Pandemic (covid 19), Covid 19 was first reported in Indonesia on Monday 2 March 2020. This incident hampered all activities of human life from various sectors, especially in the field of education, namely teaching and learning activities. From the problems or phenomena found, of course there is a relationship and effort that must be made by sociology teachers to the implementation of the basic skills of teaching teachers with their students. The formulation of the research problem is how the basic skills of teaching sociology teachers in the new normal period at SMA N 1 Pasaman. The theory used in this research is the behavioristic theory proposed by B.F Skinner. This research approach is a qualitative approach with a descriptive type of research. The types of data in this research are primary and secondary data. There were 8 informants in this study. Data collection methods used are observation, in-depth interviews and document studies. To achieve the validity of research data using triangulation techniques. Meanwhile, the unit of data analysis used was the individual with data analysis by Miles and Huberman, namely data reduction, data presentation, data presentation and conclusion drawing. From the results of the study, it can be concluded that the implementation of the basic skills of teaching Sociology teachers in the New Normal period is very different from the pre-covid 19 period, all of which can be implemented. Based on the 5 skills that researchers observed, the implementation of these basic skills was not implemented in offline learning in the New Normal. Keywords: Basic Teaching Skill, Sociology Teacher, New Normal

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.

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