scholarly journals Corporate Responsibilities on the Action of Human Trafficking Criminals in Indonesia

2020 ◽  
Vol 3 (2) ◽  
pp. 180
Author(s):  
Muh Abdul Qudus
Keyword(s):  
Law Enforcement ◽  
Human Trafficking ◽  
Corporate Responsibility ◽  
Research Method ◽  
Criminal Liability ◽  
Secondary Data ◽  
Trafficking In Persons ◽  
Criminal Offenses ◽  
Human Skills ◽  
Modern Form

<p>Problems related to human rights in Indonesia are criminal acts of human trafficking committed by corporations. Trafficking in persons is a modern form of human slavery and is also one of the worst forms of treatment of violations of human dignity. However, the development has difficulties with law enforcement related to corporations that commit criminal acts of trafficking. The research method used is a normative juridical research method using secondary data to be analyzed qualitatively. The results of this study show that corporations as subjects of criminal law can be equated with humans, because there are rights and obligations given by law and therefore corporate skills are also equated with human skills. Regulations regarding corporate responsibility are regulated in Law Number 21 of 2007 concerning Eradication of Criminal Act of Human Trafficking, corporations can be held liable if they commit criminal acts of trafficking by fulfilling the requirements of criminal liability in general such as the ability to be responsible, mistakes and intentions, absence of matters that are used as reasons for criminal offenses.</p>

scholarly journals Collaboration of Resources in Task Force for Prevention and Handling Victims of Human Trafficking in Indonesia

2020 ◽  
Vol 10 (2) ◽  
pp. 165-175
Author(s):  
Rahmat Hidayat ◽  
Syamsuddin Syamsuddin
Keyword(s):  
Qualitative Study ◽  
Human Trafficking ◽  
Research Method ◽  
Task Force ◽  
Secondary Data ◽  
Trafficking In Persons ◽  
West Java ◽  
Political Factors ◽  
Trafficking Victims ◽  
Resource Collaboration

The purpose of this study is to examine the cause of the ineffectiveness of resource collaboration in preventing and handling trafficking victims in West Java Province. This research method is a qualitative study that focuses on human and social problems through primary and secondary data collection. The results of this study indicate that the collaboration of resources in the prevention and handling of victims of trafficking in persons in West Java Province has not been effective. It triggered by the leading sector, problems of coordination of sharing resources, overlapping problems, roles, and resources, political factors, constraints of responsiveness of policymakers, and administrative issues.

scholarly journals KEBEBASAN HAKIM DALAM MEMUTUS PERKARA TINDAK PIDANA PERDAGANGAN ORANG DIKAITKAN DENGAN PARADIGMA POSITIVISME HUKUM

2020 ◽  
Vol 3 (2) ◽  
Author(s):  
Pratiwi Suci Rosalin
Keyword(s):  
Human Trafficking ◽  
Research Method ◽  
Code Of Ethics ◽  
Code Of Conduct ◽  
Secondary Data ◽  
Personal Factors ◽  
Trafficking In Persons ◽  
Legal Research ◽  
Legal Principles ◽  
Court Proceedings

ABSTRAKTindak Pidana Perdagangan Orang telah meluas dalam bentuk jaringan kejahatan baik terorganisir maupun tidak terorganisir. Indonesia sebagai Negara hukum telah memiliki paying hukum terkait dengan Tindak Pidana Perdagangan Orang yaitu UU No. 21 tahun 2007 tentang Pemberantasan Tindak Pidana Perdagangan Orang. Aturan tersebut sebenarnya telah mengatur mengenai pidana minimal khusus, namun kenyataannya masih ada hakim yang memutus di bawah pidana minimal khusus, salah satunya adalah Putusan Nomor 475/Pid.Sus/2018/PN.Bkn jo Putusan Nomor 72/Pid.Sus/2018/PT PBR. Penelitian ini bertujuan untuk mengkaji dan mengetahui kebebasan hakim dalam mengambil putusan terhadap tindak pidana perdagangan orang berdasarkan UU No. 21 Tahun 2007 Tentang Tindak Pidana Perdagangan Orang dengan ancaman pidana minimum khusus pada saat inisert auntuk mengkaji dan mengetahui faktor-faktor yang menyebabkan hakim memutus perkara di bawah sanksi minimum. Metode penelitian pada tesis ini menggunakan jenis penelitian digunakan dalam penulisan hukum ini adalah penelitian hukum normatif, yaitu pendekatan yang dilakukan dengan cara meneliti bahan pustaka atau data sekunder terhadap azas-azas hukum serta studi kasus yang dengan kata lain sering disebut sebagai penelitian hukum kepustakaan. Hasil penelitian dapat dibagi menjadi dua, yaitu: pertama, kebebasan hakim dalam mengambil putusan terhadap tindak pidana perdagangan orang berdasarkan UU No. 21 tahun 2007 tentang Tindak Pidana Perdagangan Orang dengan ancaman pidana minimum khusus menurut Kode Etik dan Pedoman Perilaku Hakim, dapat dilakukan karena hakim harus berperilaku adil. Sedangkan dalam Putusan Nomor 475/Pid.Sus/2018/PN.Bkn jo Putusan Nomor 72/Pid.Sus/2018/PT PBR dikaitkan dengan paradigma positivisme sangatlah bertentangan, sebab tidak memebuhi prinsip bebas nilai serta menjawab pertanyaan why, sehingga jauh dari aturan yang ada. Kedua, Faktor-faktor yang menyebabkan hakim memutus perkara di bawah sanksi minimum ada tiga, yaitu: faktor hukum, faktor pribadi hakim, sertafaktorfaktahukumpersidangan. Terkait Putusan Nomor 475/Pid.Sus/2018/PN.Bkn jo Putusan Nomor 72/Pid.Sus/2018/PT PBR yang diputus di bawah aturan minimum khusus disebabkan karena terdapat keadaan yang meringankan dalam fakta hukum persidanganKata Kunci: kebebasan hakim; tindak pidana perdagangan orang; paradigma positivisme.ABSTRACTHuman Trafficking has expanded in the form of organized and unorganized crime networks. Indonesia as a state of law already has a legal umbrella related to the Law on Elimination of Human Trafficking Crimes (Law No. 21/2007). The regulation has actually regulated the special minimal criminal law, but in reality there are still judges who decide under the special minimal criminal, one of which is Decision Number 475/Pid.Sus/2018/ PN.Bknjo Decision Number 72/Pid.Sus/2018/PT PBR. This study aims to examine and find out the freedom of judges in making decisions against trafficking in persons based on Law on Elimination of Human Trafficking Crimes (Law No. 21/2007) with specific minimum criminal threats at present as well as to examine and find out the factors that have caused judges to decide cases under minimum sanctions.The research method in this thesis uses the type of research used in writing this law is normative legal research, which is an approach carried out by examining library materials or secondary data on legal principles and case studies which in other words are often referred to as library law research. The results of the study can be divided into two, namely: first, the freedom of judges to take decisions on trafficking in persons based Law on Elimination of Human Trafficking Crimes (Law No. 21/2007) with specific minimum criminal threats according to the Code of Ethics and the Code of Conduct for Judges, can be done because judges must behave fairly. Whereas in Decision Number 475/Pid.Sus/2018/ PN.Bknjo Decision Number 72/Pid.Sus/2018/PT PBR is associated with the positivism paradigm is very contradictory, because it does not fulfill the principle of free values and answer the question why, so far from the rules which exists. Second, there are three factors that cause judges to decide a case under a minimum sanction, namely: legal factors, personal factors of judges, as well as legal facts in court proceedings. Regarding Decision Number 475/Pid.Sus/2018/PN.Bknjo Decision Number 72/Pid.Sus/2018/PT PBR which was decided under a special minimum rule is due to a mitigating situation in the legal facts of the trial.Keywords: freedom of judges; criminal trafficking in persons; positivism paradigm.

scholarly journals Peran Penting Keimigrasian dalam Masalah Penyeludupan Manusia dan Perdagangan Orang

2021 ◽  
Vol 21 (3) ◽  
pp. 938
Author(s):  
Arsyad Imam Baihaqi ◽  
Endra Inggita Sabriyartendra ◽  
Salsabila Putri Salam
Keyword(s):  
Human Trafficking ◽  
Research Method ◽  
Criminal Liability ◽  
Human Smuggling ◽  
Legal Basis ◽  
Trafficking In Persons ◽  
Major Topic ◽  
Descriptive Research ◽  
Laws And Regulations

The crime of human trafficking is still a major topic in world discussion as well as the most striking point of attention because of the seriousness of the problem. Trafficking in persons is a major problem of modern globalization because the existence of this crime has already become an epidemic in many countries. This research aim to find out how the process of People Smuggling and Trafficking in Indonesia occurs, the legal basis and enforcement of the crime of people smuggling and trafficking. As well as the Accountability Process for the perpetrators of the Crime of Smuggling and Human Trafficking. By using descriptive research method is the method used in this study, this method has the aim of describing things that are currently in effect, including efforts to describe something or describe, record, analyze and explain current (actual) conditions. And the results will be obtained, namely the crime of human trafficking, the perpetrators use various ways to smooth the crime. Furthermore, the Rules regarding Human Smuggling and Trafficking in Persons in Indonesia are contained in several laws and regulations, namely Law Number 6 of 2011, concerning Immigration. Then in criminal liability, people who commit criminal acts of people smuggling and human trafficking are based on the provisions of Law no. 6 of 2011 concerning Immigration.

scholarly journals Circumstances to Be Clarified under the Investigation of Interference into Law Enforcement Officer’s Activity

2021 ◽  
Vol 81 (2) ◽  
pp. 97-103
Author(s):  
V. O. Gusieva
Keyword(s):  
Law Enforcement ◽  
Criminal Liability ◽  
Demographic Data ◽  
Criminal Proceedings ◽  
Criminal Offense ◽  
Enforcement Officer ◽  
Criminal Offenses ◽  
Procedural Costs ◽  
Detailed List ◽  
Law Enforcement Officer

The author has substantiated the need to establish the circumstances to be clarified and has determined their significance during the investigation. It has been emphasized that the circumstances to be clarified include the circumstances to be proved in criminal proceedings, criminal and forensic characteristics of a criminal offense. In order to determine the circumstances to be clarified during the investigation of interference in the activities of a law enforcement officer, the author has studied the circumstances to be clarified within the group of criminal offenses related to obstruction of the activities of a law enforcement officer, as well as during the investigation of interference in the activities of a forensic expert. Taking into account the specified scientific provisions, the author has defined a detailed list of circumstances to be clarified during the investigation of interference in the activities of a law enforcement officer. It has been established that the circumstances to be clarified during the interference in the activities of a law enforcement officer include: 1) circumstances related to the criminal offense, namely: time, place, situation and traces of a criminal offense, methods of its commission (preparation, direct commission and concealment), tools and means used during the interference, the scope of procedural costs; circumstances that are the basis for ceasing criminal proceedings; the reasons and conditions that contributed to the commission of a criminal offense; 2) circumstances related to the identity of the victim, including: socio-demographic characteristics of the victim, place of work, position held; official and functional responsibilities, the victim’s belonging to a law enforcement agency during the commission of a criminal offense against him; the type and scope of damage caused to the victim; 3) circumstances related to the identity of the offender, namely: socio-demographic data of the offender, physiological and psychological condition, gender, citizenship, financial status, place of work, the record of criminal conviction and the facts of bringing to administrative liability; the presence of dependent disabled people; the presence of guilt in the form of direct intent, the purpose of the action; circumstances that aggravate or mitigate the punishment of the offender are grounds for releasing from criminal liability or punishment that exclude criminal liability; presence of accomplices.

scholarly journals Tipologi Penindakan Kejahatan Korporasi Dalam Korupsi Dana Bantuan Pandemi Covid-19

2021 ◽  
Vol 24 (01) ◽  
pp. 1-13
Author(s):  
Michelle Kristina
Keyword(s):  
Law Enforcement ◽  
Corporate Responsibility ◽  
Qualitative Methodology ◽  
Human Life ◽  
Criminal Liability ◽  
Assistance Program ◽  
Community Activities ◽  
The Government ◽  
The Right ◽  
The Impact

The development of human life nowadays cannot be separated from various aspects such as economy, politics, and technology, including the impact of the coronavirus outbreak (Covid-19 or SARS-CoV-2) which emerged at the end of 2019. Responding to this Covid-19 pandemic outbreak In Indonesia, the government has issued various policies as measures to prevent and handle the spread of Covid-19. One of these policies is to limit community activities. These restrictions have implications for the fulfilment of the economic needs of the affected communities. Responding to the urgency of this community's economic situation, the government held a social assistance program as a measure to ease the community's economic burden. However, the procurement of the program was used as a chance for corruption involving the Ministry of Social Affairs and corporations as the winning bidders. This study uses a qualitative methodology with a normative juridical approach and literature. The approach is carried out by conducting a juridical analysis based on a case approach. The results of the study show that the corporations involved cannot be separated from corporate responsibility. However, the criminal liability process against the corporation is deemed not to reflect justice for the current situation of Indonesia is experiencing. The crime was not carried out in a normal situation but in a situation when Indonesia was trying hard to overcome the urgent situation, the Covid-19 pandemic. Corporate crimes committed by taking advantage of the pandemic situation are deemed necessary to prioritize special action or the weight of criminal acts committed by corporations. The weighting of criminal sanction is the right step as a law enforcement process for corporate crimes during the pandemic.

scholarly journals Government Institution Collaboration In Efforts To Handling Criminal Acts Of Human Trafficking In Indonesia Case Study: Literature Study For The Area Of East Nusa Tenggara Province

2019 ◽  
Vol 1 (2) ◽  
pp. 127-138
Author(s):  
Tunggal Bayu Laksono ◽  
Maidah Purwanti
Keyword(s):  
Human Trafficking ◽  
Organized Crime ◽  
Research Method ◽  
Provincial Government ◽  
Trafficking In Persons ◽  
Literature Study ◽  
State Institutions ◽  
Descriptive Research ◽  
Government Institution

Trafficking in persons is a criminal act of organized crime that occurs internationally. Indonesia, as one of the countries with the fourth largest population, has experienced this crime. One of the provinces that is the center of this biggest crime is East Nusa Tenggara. In this case, the Indonesian government through existing state institutions coordinates to eliminate the crime of trafficking in persons. Immigration as one of the agencies that deals with immigration traffic problems plays a major role in efforts to deal with the Crime of Trafficking in Persons. Coordination between one party and another is carried out by the provincial government of East Nusa Tenggara. However, improving coordination is a key point of success in handling the Crime of Trafficking in Persons. This research was conducted by conducting a literature case study which aims to find out more about the crime in question. This writing is done with a descriptive research method by describing the research results in a case study literature from various literatures used by the author.

scholarly journals Analysis of Law Enforcement to Drugs Criminal Act in Military Environment (Case Study in Jurisdiction of Military Court II/09 Bandung)

2020 ◽  
Vol 2 (4) ◽  
pp. 507
Author(s):  
Asep Suherdin ◽  
Maryanto Maryanto
Keyword(s):  
Drug Abuse ◽  
Law Enforcement ◽  
Criminal Liability ◽  
Logical Consequence ◽  
Descriptive Analysis ◽  
Secondary Data ◽  
Primary Data ◽  
Military Justice ◽  
Sociological Approach ◽  
The Military

The problems of this study are: 1) How is enforcement against members of the military in drug abuse in the jurisdiction of the Military Court II/09 Bandung? 2) How constraints and efforts to overcome the constraints of law enforcement against members of the military in drug abuse in the jurisdiction of the Military Court II/09 Bandung?Method sociological approach juridical law and specification in this study were included descriptive analysis. Even the sources and types of data in this study are primary data obtained from interviews with field studies Military Court II/09 Bandung, and secondary data obtained from the study of literature. Data were analyzed qualitatively. The problems studied by the theory of law enforcement, criminal liability and progressive law.Results of the discussion concluded: Enforcement of the law against members of the military in drug abuse in the jurisdiction of the Military Court II/09 Bandung executed in accordance with the applicable regulations, because the urine test is done not in accordance with regulations and charges denied by the defendant who has the right of refusal. The obstacles are the lack military justice, the need for strengthening of the system of criminal law enforcement in the military justice ahead of independent both institutionally and functionally, free from interference by other institutions outside the judiciary as a logical consequence system of a democratic constitutional state, so it is necessary No reconstruction of the existing regulation of military justice. Next to the military justice system, particularly related to the investigation should be conducted by military police consisting of the Army, Navy and Air Force, independently.Keywords: Law Enforcement; Crime; Drugs; Military Environment.

scholarly journals Kedudukan Sita Umum Terhadap Sita Lainnya Dalam Proses Kepailitan (The Position Of General Seizure Towards Others In The Process Of Bankrupcy)

2019 ◽  
Vol 9 (2) ◽  
pp. 217-234
Author(s):  
Luthvi Febryka Nola
Keyword(s):  
Law Enforcement ◽  
Research Method ◽  
Secondary Data ◽  
Bankruptcy Law ◽  
Legal Research ◽  
Legal Principles ◽  
Time Period ◽  
Library Studies ◽  
The Impact

Article 31 paragraph (1) and paragraph (2) of the Indonesian Bankruptcy Law stipulate that all seizures that have been determined on the debtor's assets are null and void since the bankruptcy verdict is pronounced and since then the only validity is general seizure. However, in its practice various seizures are still stipulated on bankrupt assets ranging from civil, criminal and tax seizures. This paper discusses the forms of seizure in the bankruptcy process, the position of general seizure of other seizures in bankruptcy and the impact of the position of general seizure on debt payments to creditors. The research method used is normative legal research using secondary data collected through library studies and document studies. The various data were then analyzed descriptively and qualitatively. This writing found that there are rules in other laws such as Article 39 paragraph (2) KUHAP and Article 6 paragraph (1) Law No. 19 of 2000 that have ruled out the position of general seizure. The experts in each field of science also have different views regarding the position of general seizure. This condition has resulted in the emergence of friction between law enforcement, inconsistency of judges’ decisions, length of bankruptcy proceedings, injustice, unclear data on bankruptcy assets and reduced bankruptcy assets. Therefore, the understanding of law enforcement regarding legal principles, especially the principle of lex specialis derogate legi generalis, needs to be improved. The use of prejudgment seizure in the bankruptcy process must be socialized to maximize control over bankrupt assets. To avoid prolonged process of bankruptcy, the bankruptcy law should limit the time period for the settlement of assets to the curator.AbstrakPasal 31 ayat (1) dan ayat (2) UU Kepailitan mengatur bahwa segala sita yang telah ditetapkan atas harta kekayaan debitor menjadi hapus semenjak putusan pailit diucapkan dan semenjak itu satu-satunya yang berlaku adalah sita umum. Akan tetapi pada praktiknya berbagai sita tetap ditetapkan atas harta pailit mulai dari sita perdata, pidana dan pajak.  Tulisan ini membahas tentang bentuk-bentuk sita dalam proses kepailitan, kedudukan sita umum terhadap sita lainnya dalam kepailitan dan dampak dari kedudukan sita umum terhadap pembayaran utang kepada para kreditor. Adapun metode penelitian yang digunakan adalah penelitian hukum normatif dengan menggunakan data sekunder yang dikumpulkan melalui kegiatan studi perpustakaan maupun studi dokumen. Berbagai data tersebut kemudian dianalisis secara deskriptif-kualitatif. Penulisan ini menemukan bahwa adanya aturan dalam UU lain seperti Pasal 39 ayat (2) KUHAP dan Pasal 6 ayat (1) UU No. 19 Tahun 2000 telah mengesampingkan kedudukan sita umum. Ahli masing-masing bidang ilmu juga memiliki pandangan yang berbeda terkait kedudukan sita umum.  Kondisi ini berdampak pada munculnya pergesekan antara penegak hukum, inkonsistensi putusan hakim, lamanya proses kepailitan, terjadi ketidakadilan, ketidakjelasan data harta pailit, berkurang bahkan hilangnya harta pailit. Oleh sebab itu, pemahaman penegak hukum tentang asas hukum terutama asas lex specialis derogate legi generalis perlu ditingkatkan. Penggunaan lembaga sita jaminan dalam proses kepailitan harus disosialisasikan untuk memaksimalkan penguasaan terhadap harta pailit. Supaya proses kepailitan tidak berlarut-larut, UU kepailitan harusnya membatasi jangka waktu penyelesaian aset kepada kurator.

scholarly journals Law enforcement against trade in counterfeit goods using well-known marks (a study in traditional markets in Medan)

2018 ◽  
Vol 52 ◽  
pp. 00001
Author(s):  
Aflah
Keyword(s):  
Law Enforcement ◽  
Empirical Research ◽  
Research Method ◽  
Secondary Data ◽  
Counterfeit Goods ◽  
Trade Marks ◽  
Traditional Markets

The illegal use of well-known marks for counterfeit goods is qualified as a criminal act. The act may cause damages to the owner of a well-known mark. The protection of a registered mark and a well-known mark through Law Number 15 Year 2001 on Trade Marks should be able to address issues related to mark infringement. The number of cases of illegal use of well-known marks is high because, in a business, using a well-known mark is more profitable than using own mark. Other factor which influences trade in counterfeit goods using well-known marks is the lack of public legal awareness as consumers, producers and traders. An empirical research method was applied in the research, using primary and secondary data. Maximizing trade in local goods using registered marks is one of effective ways to minimize trade in counterfeit goods using well-known marks in traditional markets in Medan. There are two possible solutions to this problem. The first solution is socializing Law on Marks to local producers, consumers and traders. The second solution is implementing a supporting program to help local producers register their rights to a mark.

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.

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