scholarly journals The Implementation Of Criminal Law To The Forester Of Land And Land Combustion In Blora Regency

2020 ◽  
Vol 3 (2) ◽  
pp. 275
Author(s):  
Solikun Ni'am ◽  
Akhmad Khisni ◽  
Lathifah Hanim
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Forest Fires ◽  
Public Awareness ◽  
Secondary Data ◽  
Analysis Method ◽  
The Public ◽  
Approach Method ◽  
Analytical Research ◽  
National Police

The problems discussed in this study are how is the enforcement of criminal law against the perpetrators of forest and land burning in Blora Regency, as well as the factors inhibiting the enforcement of criminal law against perpetrators of forest and land burning in Blora Regency and its solutions. The approach method used is normative juridical, descriptive analytical research specifications. The data used is secondary data. Data collection method is a field study. The data analysis method uses qualitative analysis. As a knife for analysis, law enforcement theory, justice theory and legal certainty theory are used. The results showed that criminal law enforcement against perpetrators of forest and land burning in Blora Regency was not running optimally. This is evidenced by the absence of investigative efforts carried out by PPNS and the National Police in the crime of burning forests and land, so that there has never been a case of forest fires that has been resolved through a criminal route. Law enforcement efforts are preferred through preventive measures. The inhibiting factors of criminal law enforcement against forest and land arsonists in Blora Regency are the factors of laws where there is disharmony of laws governing forest and land burning crimes, difficulties in finding perpetrators and witnesses, limited costs in investigating forest crime and land and lack of public awareness. The solution to overcome these obstacles is to make criminal law the last resort in enforcing forest and land burning laws, not continuing forest fire cases to the investigation stage, and conducting socialization to the public about preventing forest and land burning.Keywords: Criminal Law Enforcement; Forest And Land Burning.

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 ANALISIS YURIDIS PENYIDIKAN TINDAK PIDANA PORNOGRAFI BERDASARKAN UNDANG-UNDANG NOMOR 44 TAHUN 2008 DI ERA DIGITALISASI

2014 ◽  
Vol 1 (2) ◽  
pp. 169
Author(s):  
Andri Winjaya Laksana ◽  
Suratman Suratman
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Research Method ◽  
Secondary Data ◽  
Criminal Procedure ◽  
Research Library ◽  
Legal Research ◽  
The Public ◽  
Criminal Investigations ◽  
Library Research

Pornography is a crime that is privacy so that enforcement against the eradication of pornography there are many difficulties. One of the factors inhibiting the eradication of pornography among others due to lack of cooperation from the public and the various parties in reporting this crime. Criminal law enforcement have a tendency to be influenced by the structure of society, that is a constraint that allows the criminal law enforcement can be run and can provide barriers that lead to the enforcement of criminal law can’t be started or can't be maximize. As happens to the pros cons on current legislation Law No. 44 Year 2008 concerning the Crime pornography. This research method using normative juridical approach. Normative juridical research also called legal research library research is done by checking library materials or secondary data. The results of the study refers to Article 34 in conjunction with Article 8 of Law No. 44 Year 2008 on Pornography, (1) that the elements of the crime of pornography consists of Subjective elements that error, which means intentionally or consent was committed and objective elements that act ( be) which means that objects or models that contain pornographic content. (2) In the process of criminal investigations conducted pornography remains based on Criminal Procedure unless otherwise provided in the Act No. 44 of 2008

scholarly journals Penegakan Hukum Lingkungan yang Seimbang (Studi Kasus Pembakaran Hutan)

PRANATA HUKUM ◽  
2018 ◽  
Vol 13 (2) ◽  
pp. 115-125
Author(s):  
Aminah AMINAH
Keyword(s):  
Law Enforcement ◽  
Forest Fires ◽  
Economic Impacts ◽  
Human Life ◽  
Secondary Data ◽  
Ecological Impacts ◽  
Environmental Damage ◽  
Approach Method ◽  
The Government ◽  
The Concept Of Law

The environment has various functions and is very important for human life, so the Government makes legislation and enforces its law to maintain the function of the environment. Although law enforcement has been carried out, many environmental cases cannot be resolved so that pollution and environmental damage often occur in Indonesia. This research wants to know whether law enforcement in Indonesia has not yet realized the balance and how the concept of law enforcement is balanced. The approach method used by Juridical normative with analytical descriptive specifications, uses primary and secondary data and analysis using explanation building analysis. From the results of the study, it was found that Law Enforcement in Indonesia has not yet realized a balance, especially in law enforcement in cases of forest fires that have proven that forest fires repeatedly occur and have a good impact in the form of ecological impacts, economic impacts and sociological impacts, this is caused by various constraints of law enforcement Administration, civil or criminal.

scholarly journals Reconstruction of the retroactive principle in the Indonesian criminal Law code based on the value of religious wisdom

2018 ◽  
Vol 1 (1) ◽  
pp. 177
Author(s):  
Sri Endah Wahyuningsih ◽  
Muchamad Iksan
Keyword(s):  
Criminal Law ◽  
Islamic Law ◽  
Secondary Data ◽  
Criminal Code ◽  
The Public ◽  
Qualitative Descriptive ◽  
Approach Method ◽  
Descriptive Method ◽  
The Ideal ◽  
Laws And Regulations

Indonesian Criminal Code that comes from Dutch heritage has to be reconstructed, because it is not in accordance with the state of Indonesia which is now already independent. One of the important principles in the Criminal Code that needs to be reconstructed is the retroactive principle contained in Article 1 paragraph (2) of the Criminal Code. The law can be retroactive as long as it benefits the defendant, not until the convicted person. The purpose of this research is to evaluate retroactive principle in Criminal Code seen from perspective value of religious wisdom, and ideal reconstruction of retroactive principle in next Criminal Code in accordance with perspective value of religious wisdom. Approach method in this research was done with normative juridical, the data used were secondary data by doing the extracting data bibliography, and data analysis were done by using qualitative descriptive method. Based on the values of religious wisdom, especially from the perspective of Islamic law in the case of any change of laws and regulations, in principle, non-retroactive principle (non-retroactive) is applied, but in certain cases the principle can be disregarded in accordance with the principles of "dlarar" and " maslahat ". The ideal reconstruction of the retroactive principle in the case of a change of laws and regulations after an act has occurred, new laws and regulations shall be applied in accordance with prevailing laws and regulations in favor of the producer and to the benefit of the public for certain offenses determined by Constitution.

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 PENERAPAN PIDANA TERHADAP ANGGOTA POLRI YANG MELAKUKAN TINDAK PIDANA PENCURIAN DENGAN KEKERASAN MENGGUNAKAN SENJATA API (Studi Putusan Nomor : 42/Pid.B/2016/PN.Swl dan Putusan Nomor : 43/Pid.B/2016/PN.Swl)

2018 ◽  
Vol 1 (2) ◽  
pp. 121-133
Author(s):  
Bevi Hendro ◽  
Iyah Faniyah ◽  
Adhi Wibowo
Keyword(s):  
Criminal Law ◽  
Secondary Data ◽  
Criminal Code ◽  
Witness Testimony ◽  
Approach Method ◽  
Criminal Charges ◽  
Data Source ◽  
One Year ◽  
National Police

Based on Article 363 paragraph (1) of the 4th Criminal Code, people who commit theft carried out by 2 persons together or more are threatened with a maximum imprisonment of 7 years. Therefore the Case of Crime of Theft with Violence using Firearms based on Decision Number: 42 / Pid.B / 2016 / PN.Swl and Decision Number: 43 / Pid.B / 2016 / PN. 1 (one) year and 10 (ten) months, charge the Defendant to pay a court fee of Rp. 5,000.00 (five thousand rupiah) and pay attention to Article 365 paragraph (2) of the 2nd Book of the Criminal Law. The specification of this research is descriptive analytical. While the approach method used is normative juridical. The data source used is secondary data. The data obtained were analyzed qualitatively and presented descriptively analytically. Based on the results of research and discussion, it can be concluded; First, the application of a criminal against a member of the National Police who commits a crime of theft with violence using firearms in the decision number: 42 / Pid.B / 2016 / PN.Swl and Decision Number: 43 / Pid.B / 2016 / PN.Swl are: Article 365 paragraph (2) of the 2nd Criminal Code, namely: "A maximum sentence of twelve years imprisonment, is imposed, (2nd) if the act is carried out by two people together or more", with the elements of criminal charges of the Prosecutor General, namely: Whose element of goods; Take something; Elements that are entirely or partially owned by others; Elements With the intention to be owned illegally; Elements That are carried out preceded by, accompanied by, or followed by violence or threats of violence, against a person with a view to preparing or facilitating theft, or in the event of being caught red-handed, to allow themselves to escape or other participants, or to retain possession of stolen property; Elements are carried out by 2 (two) people or more together. Secondly, the consideration of the judge in the application of the criminal to a member of the police who committed a crime of theft with violence using firearms in the decision Number: 42 / Pid.B / 2016 / PN.Swl and Decision Number: 43 / Pid.B / 2016 / PN. Swl are: juridical considerations: prosecutor's indictment, witness testimony, defendant's testimony, evidence. considerations that are non-juridical: the background of the defendant and the religion or belief held by the defendant, the physical and spiritual condition of the defendant, as a result of the defendant's actions

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 The Implementation of the Strict-Liability Principle to the Perpetrators of Forest and Land Burning

2020 ◽  
Vol 07 (03) ◽  
pp. 314-333
Author(s):  
Hafrida Hafrida ◽  
Helmi Helmi ◽  
Bunga Permatasari
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Forest Fires ◽  
Agricultural Land ◽  
Strict Liability ◽  
Deterrent Effect ◽  
Diplomatic Relations ◽  
Main Principle ◽  
Health Quality ◽  
Court Proceedings

The massive forest and land fires in Indonesia have been raging and caused haze disaster. The haze disaster is not suffered only in Indonesian territory, but it has become a transnational disaster resulting in extensive economic and health quality losses. In addition, the disaster has led damage to agricultural land and disruption of diplomatic relations among affected states. The number of perpetrators of forest and land fires that increase annually shows that the enforcement of criminal law is relatively ineffective. This article covers the problem whether the principle of strict liability can be applied to the perpetrators of forest burning. In 2019, forest fires in the Jambi Province had took placed in estimated 165.86.58 hectares. The forest fire is the main source of transnational haze disaster. Law enforcement on forest fires in Jambi has not provided a deterrent effect yet. There are forty-six companies acquiring fires in their concession land areas. Unfortunately, only four of them reached court proceedings and only two companies were declared guilty by the court. Therefore, as a deterrent effort, the principle of strict liability can be applied as the main principle to handle perpetrators of forest burning.

scholarly journals Optimizing The Role of Immigration Civil Servant Investigator in Treating Criminal Actions of People Smuggling

2020 ◽  
Vol 2 (1) ◽  
pp. 35-45
Author(s):  
Doniar Andre Vernanda ◽  
Tony Mirwanto
Keyword(s):  
Law Enforcement ◽  
Civil Servant ◽  
Immigration Law ◽  
Public Prosecutor ◽  
Law Enforcement Agencies ◽  
The Public ◽  
Criminal Sanctions ◽  
Case Files ◽  
National Police

Immigration law enforcement is carried out by civil servant investigators (PPNS) of Immigration by the mandate of Law No. 6 of 2011 on immigration. Immigration civil servant investigators have the authority to carry out the investigation process to hand over case files for subsequent prosecution in court by the public prosecutor. The results and discussion of this research are: (i) People smuggling is a crime where people illegally enter humans without legal and valid immigration travel documents aimed at personal or group gain by entering a country without going through an examination. immigration at the immigration checkpoint (TPI). Criminal sanctions related to human smuggling are regulated in article 120 of the Immigration Law with a maximum threat of 15 years and a fine of Rp. 1,500,000,000.00. (ii) According to the Immigration Law, pro Justitia law enforcement in immigration crimes is carried out by immigration civil servant investigators who have the duties and functions of carrying out investigations & investigations, coordinating with the National Police and other law enforcement agencies as well as carrying out other matters which are ordered by immigration Law

scholarly journals THE IMPROVEMENT OF CIVIL CONSCIOUSNESS OF LAW FOR THE ENDORSEMENT OF LAW AND ECONOMIC DEVELOPMENT IN INDONESIA

2021 ◽  
Vol 6 (2) ◽  
pp. 318
Author(s):  
Ani Yunita
Keyword(s):  
Economic Development ◽  
Law Enforcement ◽  
Qualitative Analysis ◽  
Social Problems ◽  
Public Awareness ◽  
Secondary Data ◽  
Law Enforcement Officers ◽  
Legal Information ◽  
Legal Development ◽  
The Government

Efforts to increase public awareness of the law are not only carried out on legal development but also on economic development, given the condition of Indonesia's economy leading to complex social problems. Referring to the above issue, the understanding towards the Indonesian people is necessary  to carry out economic development in accordance with the objectives of Indonesia's economic development to increase the welfare of the community. The article aimed to investigate the efforts to increase public legal awareness in supporting legal development and economic development in order to realize welfare. The method in this research was normative juridical by using descriptive qualitative analysis. In relation, secondary data were obtained from primary legal materials, secondary legal materials and tertiary legal materials. The results proved that increasing public legal awareness in legal and economic development should be conducted by the government and all parties involved. Hence the government and law enforcement officers can proceed through counseling, legal information, assistance and guidance so that people understand the importance of legal and economic development in order to realize order, certainty, justice and community welfare.

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