scholarly journals Effectivity Of Law Number 21 Of 2007 In Esnaring Pimps As Sex Commercial Services Procuress

2021 ◽  
Vol 5 (1) ◽  
Author(s):  
Winda Fathia Pilili
Keyword(s):  
Law Enforcement ◽  
Human Trafficking ◽  
Criminal Code ◽  
Legal Research ◽  
Local Regulation ◽  
Enforcement Mechanism ◽  
The Public ◽  
Local Police ◽  
Modern Era ◽  
Empirical Approaches

In the modern era, prostitution metamorphose into the branch of industry which in line with the pornography or striptease. For Indonesian people, prostitution have been understood as work, in which exchange intercourse with money or prizes, the same with services purchase or trade. Yogyakarta which known as education city is not spared either with prostitution. Cited by Tribun Jogja, revealed that cases of human trafficking that covered by prostitution in Sleman, Yogyakarta. It was occurred in three different locations, are Pasar Kembang, Bong Suwun and Giwangan. This work aims were to know and to analyze how criminal law in Indonesia regulated pimp as procuress of sex commercial agent in Yogyakarta and its law enforcement mechanism. Laws related of pimp regulated in the Article 290 and 560 Indonesia Criminal Code. Meanwhile, in Yogyakarta there is a regulation which prohibit the public prohibition i.e. Local Regulation Number 18 of 1954. Law enforcement mechanism towards prostitution by implement the Law Number 21 of 2007 in punishing pimps in Yogyakarta, with strong commitment to eradicate this crime. This work is empirical legal research which applied juridical and empirical approaches in Yogyakarta by taking data in Local Police Office of Yogyakarta.

Advocating Sex Workers’ Rights by Identity-Based Associations in Nepal

2020 ◽  
Vol 7 (2) ◽  
pp. 265-274
Author(s):  
Masako TANAKA
Keyword(s):  
Law Enforcement ◽  
Human Trafficking ◽  
Sex Work ◽  
Sex Workers ◽  
Criminal Code ◽  
The Public ◽  
Working Environments ◽  
Identity Based ◽  
Criminalized Women ◽  
Safe Working

AbstractThere is no specific law in Nepal that directly criminalizes sex work. However, many sex workers have experienced arbitrary detention by law-enforcement authorities. The Human Trafficking and Transportation (Control) Act, 2007 (HTTCA) criminalizes pimps and clients, but not sex workers directly. However, the Act was overinclusive and often criminalized women engaged in voluntary sex work. The new Criminal (Code) Act 2017 criminalizes advertising and providing facilities for sex work in the section concerning crimes against the public good. These laws are used to prosecute sex workers. Two identity-based associations (IBAs) emphasize the importance of decriminalization, but do not support the legalization of sex work. A licensing system, if introduced under legalization, may exclude the most vulnerable sex workers, including housewives, migrants, and sexual minorities, who are secretly engaged in the business. I conclude that ongoing advocacy of IBAs should seek to provide safe working environments for sex workers in Nepal.

Reconstruction of Life Imprisonment in Prison System in Indonesia

2020 ◽  
Vol 2 (4) ◽  
pp. 499
Author(s):  
Boma Wira Gumilar ◽  
Gunarto Gunarto ◽  
Akhmad Khisni
Keyword(s):  
Justice System ◽  
Criminal Code ◽  
Prison System ◽  
Penal System ◽  
Legal Research ◽  
Life Imprisonment ◽  
The Public ◽  
Prison Life ◽  
The Future ◽  
Research Types

The most important part in a Book of Criminal Law (Penal Code) is a prison, because the prison contains rules about the size and implementation of the criminal. The position of life imprisonment in the national criminal justice system is still considered relevant as a means of crime prevention, it can be seen from the number of offenses punishable with life imprisonment. However, life imprisonment is considered contrary to the penal system. This study aims to investigate the implementation of life imprisonment, weaknesses, and the solution in the future. The approach used in the study is a non-doctrinal legal research with socio-legal research types (Juridical Sociological).The results of research studies show that life imprisonment is contrary to prison system, and life imprisonment become an obstacle to fostering convicts back into society. Bill Criminal Code of September 2019 can be used as a solution to life imprisonment change in the future. Presented advice, in order to be disseminated to the application of the criminal purpose of the Criminal Code of Prison adopted in the future, so that the public and experts no longer make the criminal as a form of retaliation.Keywords: Reconstruction; Crime; Prison; Life Imprisonment; System; Corrections.

scholarly journals Konsepsi Hukum Progresif dalam Pengaturan Tindak Pidana Korupsi di Indonesia

2020 ◽  
Vol 1 (2) ◽  
pp. 35-39
Author(s):  
Efraim Mbomba Reda ◽  
I Nyoman Putu Budiartha ◽  
I Made Minggu Widyantara
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Role Models ◽  
Research Method ◽  
Criminal Code ◽  
Legal Positivism ◽  
Sociology Of Law ◽  
Legal Certainty ◽  
Legal Research ◽  
Descriptive Method

Progressive law puts forward the sociology of law rather than legal certainty which is the focus of legal positivism. In Indonesia, this law was coined by Satjipto Rahardjo. This study aims to determine the formulation of progressive law in future criminal law, and to determine the actualization of the concept of progressive law in regulating corruption in Indonesia. The research method used is a normative legal research method with statute and conceptual approaches. The technique of collecting legal materials in this study is a descriptive method that aims to obtain the meaning of reality related to the problems to be discussed and solved in this study. The results show that in the current Criminal Code Bill, progressive law has been regulated, to be precise in Article 2 paragraph (1) and (2). Progressive law is also regulated in Law no. 48 of 2009 concerning Judicial Power. Then, the actualization of progressive law in regulating corruption in Indonesia is a judge with the powers that take into account the sociological context of society in making decisions. Judges, prosecutors and lawyers can certainly discuss together in eradicating corruption. Efforts are also being made to reconstruct and redefine the power of law enforcement. This arrangement can also encourage the KPK to be more progressive in eradicating corruption, as well as building law enforcers who have morality so that they can become role models and increase public participation, for example by forming NGOs in preventing or fighting corruption in various agencies.

scholarly journals PENEGAKAN HUKUM TERHADAP MALPRAKTEK DOKTER YANG MELAKUKAN ABORSI (STUDI PUTUSAN NO.288/PID.SUS/2018/PN. NJK)

2020 ◽  
Vol 2 (2) ◽  
pp. 15
Author(s):  
Ricky Darmawan
Keyword(s):  
Law Enforcement ◽  
Medical Malpractice ◽  
Medical Personnel ◽  
District Court ◽  
Primary Data ◽  
Legal Research ◽  
The Public ◽  
Moral Ethics ◽  
Theory Of Law ◽  
The Many

AbstractMedical actions by doctors who act not in accordance with the rules and applicable moral ethics are now beginning to emerge frequently. At this time, the problem of malpractice in health services began to be discussed by various groups in the community. This can be seen from the many indictments of malpractice cases submitted by the public about the profession of doctors who in carrying out their duties have committed wrong actions that result in losses resulting in death or disability. Medical malpractice, this is related to the task of the doctor or medical personnel under his command intentionally or negligence to do something (active or passive). The problem that the writer takes here is that the malpractice case which the writer carefully sourced from the decision of Nganjuk District Court No.288 / Pid.sus / 2018 / PN NJK, The theory used in this research is the theory of law enforcement. While the method used is empirical juridical legal research, where in analyzing the problem carried out by the method of combining legal materials (Decisions) with primary data obtained in the field. The output of this paper is that the handling of malpractice cases by doctors without the need for procedures according to medical regulations needs to be considered.Keywords: Abortion, Doctors, Law Enforcement, Malpractice.AbstrakTindakan medis oleh dokter  yang bertindak tidak sesuai dengan aturan dan etika moral yang berlaku ini kini mulai sering muncul. Pada saat ini, masalah malpraktik pelayanan kesehatan mulai dibicarakan oleh berbagai kalangan dalam masyarakat. Hal itu terlihat dari banyaknya dakwaan kasus malpraktik yang disampaikan oleh masyarakat tentang profesi dokter yang dalam melakukan tugasnya telah melakukan tindakan yang salah yang menimbulkan kerugian yang berujung pada kematian atau cacat. Malpraktik medik, hal ini berkaitan tugas dokter atau tenaga medis yang ada di bawah perintahnya dengan sengaja atau kelalaian melakukan perbuatan (aktif atau pasif). Permasalahan yang penulis ambil disini dimana Kasus malpraktek yang penulis teliti bersumber pada putusan Pengadilan Negeri Nganjuk No.288/Pid.sus/2018/PN NJK, Teori yang digunakan dalam penelitian ini ialah teori penegakan hukum. Sementara metode yang digunakan adalah penelitian hukum yuridis empiris, dimana dalam menganalisis permasalahan dilakukan dengan metode memadukan bahan-bahan hukum (Putusan) dengan data primer yang diperoleh di lapangan. Adapun output dari tulisan ini, bahwa penanganan perkara malpraktek dokter yang diilakukan dokter tanpa danya prosedur sesuai aturan medis perlu di perhatikan.Kata kunci : Aborsi, Dokter, Malpraktek,Penegakan Hukum.

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

LEGALITAS ◽  
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.

scholarly journals Burden of Proof Reversal in Criminal Acts of Money Laundering

2019 ◽  
pp. 98-104
Author(s):  
Muhammad Khusnul Fauzi Zainal ◽  
Syukri Akub ◽  
Andi Muhammad Sofyan
Keyword(s):  
Law Enforcement ◽  
Money Laundering ◽  
Burden Of Proof ◽  
Public Prosecutor ◽  
Legal Research ◽  
Law Enforcement Agencies ◽  
The Public ◽  
Community Law ◽  
Legal Structure ◽  
Criminal Offenses

This study aims to analyze the burden of proof reversal system in handling cases of money laundering. This type of research is normative juridical legal research. The results of this study indicate that in the reversal system of the burden of proof of criminal acts of money laundering, each party has a burden of proof, the public prosecutor is burdened to prove that these assets are the property of the defendant and has a relationship with the original criminal act charged, while the defendant burdened to prove the origin of the assets claimed and if the defendant is unable to prove the origin of the assets, the assets can be strongly suspected to originate from criminal offenses. There are still obstacles in law enforcement both from the substance of the law (norms), legal structure (law enforcement agencies) and the culture of law (the culture of community law).

scholarly journals PELAKSANAAN PERATURAN DAERAH PROVINSI BALI NOMOR 9 TAHUN 2009 TERKAIT DENGAN POGRAM WAJIB BELAJAR 12 TAHUN

2014 ◽  
Vol 3 (3) ◽  
Author(s):  
Ni Nyoman Budi Sentana
Keyword(s):  
Law Enforcement ◽  
Local Government ◽  
Compulsory Education ◽  
Secondary Data ◽  
Cultural Factors ◽  
Primary Data ◽  
Legal Research ◽  
Local Regulation ◽  
Community Factors ◽  
Interview Techniques

The local government of Bali Province issued a policy that was formulated in The Local Regulation of Bali Province Number 9 of 2009. In appendix of The Local Regulation Number 9 of 2009 is described a 12-year compulsory education. This study discusses the effectiveness of The Local Regulation of Bali Province Number 9 of 2009 related to the implementation of 12-years compulsory education in Bali Province and the factors that influence the effectiveness of the implementation of The Local Regulation Number 9 of 2009 related to the implementation of 12-years compulsory education in Bali Province. This research is empirical legal research. The nature of research is descriptive. The data in this study include primary data that was collected through interview techniques and secondary data that was collected through the study of literature. The research location is in Bali Province with sample in Denpasar and Bangli regency. The data collected was analyzed qualitatively and descriptively presented analytically. Effectiveness of The Local Regulation of Bali Province Number 9 of 2009 related to the implementation of 12-years compulsory education in Bali Province is not optimal in some areas. The factors that influence the effectiveness of the implementation of The Local Regulation Number 9 of 2009 related to the implementation of 12-years compulsory education in Bali Province are legal factors, law enforcement factor, means and facilities in law enforcement factor, community factors and cultural factors

scholarly journals PROSPEK PENEGAKAN HUKUM UNDANG-UNDANG PENGHAPUSAN KEKERASAN DALAM RUMAH TANGGA (UU PKDRT)

Jurnal HAM ◽  
2016 ◽  
Vol 7 (1) ◽  
pp. 1
Author(s):  
Sabungan Sibarani
Keyword(s):  
Domestic Violence ◽  
Law Enforcement ◽  
Rule Of Law ◽  
Research Process ◽  
Legal Issues ◽  
Legal Research ◽  
The Rule Of Law ◽  
The Public ◽  
Pain And Suffering ◽  
The Government

AbstrakKekerasan Dalam Rumah Tangga (KDRT) dalam ketentuan perundang-undangan di Indonesia tergolong sebuah kejahatan dengan ancaman hukum pidana karena mengakibatkan kesakitan dan penderitaan fisik maupun mental terhadap korbannya. Tujuan penelitian ini adalah untuk mengetahui prospek penegakan hukum Undang-Undang Penghapusan Kekerasan Dalam Rumah Tangga. Metode penelitian hukum yang digunakan pada penelitian ini penelitian hukum normatif yaitu suatu proses untuk menemukan aturan hukum, prinsip-prinsip hukum, maupun doktrin-doktrin hukum guna menjawab isu hukum yang dihadapi. Hasil penelitian menunjukkan bahwa menghapus tindak kekerasan dalam rumah tangga dapat dimulai dengan menghilangkan sebab-sebab dan unsur-unsur pemicunya. Dalam kaitan ini, sekurang-kurang terdapat banyak cara dan usaha yang patut dilakukan agar kekerasan dalam rumah tangga terelakkan atau setidak-tidaknya dapat dikurangi intensitasnya. Prospek penegakan hukum UU PKDRT akan sulit ditegakkan karena banyak kendala dalam pelaksanaannya.Hendaknya Pemerintah mensosialisasikan UUPKDRT kepada publik atau masyarakat secara jelas dan transparan guna menghindari bias atau ketidakjelasan akan isi dan kandungan dari UUPKDRT.Kata Kunci: Penegakan Hukum, KDRT.AbstractViolence in the home (domestic violence) in the provisions of law in Indonesia is a crime with the threat of criminal law, because it caused pain and suffering to the victim physically and mentally. The purpose of this study was to determine the prospects for law enforcement Law on the Elimination of Domestic Violence. Legal research methods were used in this study is a normative legal research process to find the rule of law, principles of law, and the legal doctrines in order to address the legal issues at hand. The results showed that removing the acts of domestic violence can begin by eliminating the causes and elements of the trigger. In this regard, at less there are many ways and efforts that should be done so that domestic violence inevitable or at least be reduced in intensity. Prospects the act, Law enforcement will be difficult to enforce because a lot of problems in implementation. The government should disseminate the act to the public or public is clear and transparent manner in order to avoid bias or lack of clarity of the contents and the contents of the act.Keywords: Law Enforcement, domestic violence.

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 JENIS DAN FREKUENSI KEJAHATAN DI DAERAH PARIWISATA PULAU NUSA PENIDA (PROVINSI BALI)

2018 ◽  
Vol 13 (1) ◽  
Author(s):  
I Wayan Suardana ◽  
I Made Walesa Putra
Keyword(s):  
Domestic Violence ◽  
Law Enforcement ◽  
Criminal Law ◽  
Road Traffic ◽  
Criminal Code ◽  
Legal Research ◽  
Police Station ◽  
To Come ◽  
Depth Interviews ◽  
Conventional Type

Nusa Penida is an island which located on southeast of Bali and separated by the Badung Strait. By a variety of tourist pulling magnets to come to Nusa Penida, it also gives effect to the occurrence of crime. The purposes of the research are to develop the science of law, especially in the field of criminal law and to know and study the type and frequency of crime in Nusa Penida Tourism Area so that it can be constructed effective countermeasures formulation. The method used in the achievement of research objectives, methods of approach Juridical Empirical, namely legal research by way of existing facts approach by way of conducting observations and research through in-depth interviews of the object research. The result of the research shows that there are many types of criminal acts in Nusa Penida area, the most often frequency is the persecution of 24 reports, then theft of 12 reports, then another conventional crime based on data obtained from 2014 until 2017, crimes of a conventional type as stipulated in the Criminal Code and there are crimes that are classified as specific criminal acts such as narcotics abuse. Some obstacles are the existence of darknumber by reason; the omission of the community such as perceiving such acts as cock fighting, seeing guests using addictive drugs, there is also not want to take a risk by  reporting an incident, even the police sometimes do not take action or ignore a suspected incident is a crime because it avoids the occurrence of threats to the apparatus itself. Criminalization committed against such crimes as stipulated by the Criminal Code, namely Article 351, 362, 184, 338, 406, 385, 310, 187, 303, 368 and 285. However, there are also crimes threatened with the provisions of the law outside the Criminal Code : Law No. 23 of 2004 on Elimination of Domestic Violence and Law No. 22 of 2009 on Road Traffic and Transportation. There are other obstacles in relation to law enforcement in Nusa Penida crime, which is still unclear authority between Nusa Penida Police Station and Klungkung Police because of the type of crime they handled.

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