scholarly journals Tinjauan Yuridis Penjatuhan Hukuman terhadap Bidan yang Melakukan Tindakan Pidana Aborsi

2019 ◽  
Vol 6 (2) ◽  
pp. 155
Author(s):  
Sanjaya Abidin ◽  
Fiony Gustin ◽  
Andre Hakim Pasaribu ◽  
Sonya Airini Batubara
Keyword(s):  
Research Methods ◽  
Criminal Code ◽  
Deterrent Effect ◽  
The Public ◽  
The Law ◽  
The Government

<p>Pregnancy is a very happy situation for every partner who has been legitimate. In connection with this we still often encounter couples who do not value pregnancy so take the decision to do inhumane actions, one of which is abortion. Abortion is a form of criminality that is still very difficult to be handled by the public or the government, this is because there are still gaps for the perpetrators to carry out these actions and the deterrent effect is still lacking for abortion. This study aims to determine the legal arrangements and accountability for abortionists. This study uses normative juridical research methods, to address abortion problems that occur without looking at it from one perspective, but comprehensively. The results showed that the legal arrangements for the crime of abortion have been regulated in the law adjustment for abortion has been regulated ib article 194 law number 36 year 2009, about a midwife who help those who committed abortion is included in criminal code article 349</p>

scholarly journals PENGATURAN HUKUM POSITIF INDONESIA TENTANG INVESTASI BODONG (FOREX ILEGAL)

2021 ◽  
pp. 1119
Author(s):  
Lie Natanael ◽  
Cindy Cintya Lauren ◽  
Della Kristina ◽  
Tatang Ruchimat
Keyword(s):  
Law Enforcement ◽  
Criminal Code ◽  
Negative Influence ◽  
Capital Investments ◽  
Government Investment ◽  
The Public ◽  
Investment Law ◽  
The Law ◽  
The Republic ◽  
The Government

Fake investment is becoming a phenomenon that has been occurring a lot lately in Indonesia, especially the online kind. Investment is a commitment to invest some fund to one or more asset(s) in some period of time. This article is written with a goal to do research on law enforcement of Indonesian investment law. The method of research that is used is normative law research. It’s found that: Investment in Indonesia is regulated by the Law of The Republic of Indonesia number 25 of 2007 on Capital Investments. System of investing in Indonesia is protected by Law of The Republic of Indonesia number 10 of 1998. The presence of fake investment is bringing negative influence to Indonesian investment scene. Act of fraud or embezzlement in the form of investments can be prosecuted criminally and sentenced up to 4 years of imprisonment according to the Indonesian criminal code article 372 and 378. It is to be expected that public can differentiate which is a legal and which is a fake investment. That could be realized if the public is educated on economics and law. It is a joint responsibility of the government, investment organizers, and academics. Investasi bodong menjadi sebuah fenomena yang sering terjadi belakangan ini sangat marak terjadi di Indonesia, khususnya investasi online. Investasi merupakan komitmen menanamkan sejumlah dana pada satu atau lebih aset selama beberapa periode. Artikel ini dibuat dengan tujuan untuk meneliti penegakkan hukum tentang investasi di Indonesia. Metode yang digunakan adalah penelitian hukum normatif. Dan ditemukan bahwa: Investasi di Indonesia diatur dalam Undang-Undang No. 25 Tahun 2007 Tentang Penanaman Modal. Sistem investasi di Indonesia dilindungi oleh UU No. 10 tahun 1998 tentang Perubahan Undang-undang Nomor 7 Tahun 1992 tentang Perbankan. Kehadiran investasi bodong membawa pengaruh negatif bagi iklim investasi Indonesia. Tindakan penipuan dan penggelapan uang yang berkedok investasi dapat dijerat pidana penjara paling lama empat tahun sesuai Pasal 372 dan 378 UU KUHP. Diharapkan kedepannya masyarakat dapat membedakan mana investasi yang legal dan yang bodong. Hal itu dapat terjadi bila masyarakat teredukasi soal ekonomi dan hukum. Ini menjadi tanggung jawab bersama pemerintah, penyelenggara investasi, dan akademisi.

Dukungan Legislatif Dalam RUU KUHP Untuk Pemberantasan Korupsi: Pro dan Kontra Tindak Pidana Korupsi dalam RUU KUHPDukungan Legislatif Dalam RUU KUHP Untuk Pemberantasan Korupsi: Pro dan Kontra Tindak Pidana Korupsi dalam RUU KUHP

Jurnal Hukum ◽  
2016 ◽  
Vol 31 (2) ◽  
pp. 1721
Author(s):  
Muhammad Aziz Syamsuddin
Keyword(s):  
United Nations ◽  
Criminal Code ◽  
The Other ◽  
Deterrent Effect ◽  
United Nations Convention ◽  
Legislative Support ◽  
The Law ◽  
Shared Commitment ◽  
Crime Of Corruption

AbstractThe spirit of the eradication of corruption is running continually. Various efforts or strategies were arranged to sharpen the power of corruptions’ eradication. One of the strategies is legislation support or comprehend and effective legislation. It was proved by the enactment of Law No. 28 of 1999 on State Implementation of Clean and Free from Corruption, Collusion and Nepotism and also Law No. 31 of 1999 as amended by Law No. 20 of 2001 on Corruption Eradication. The other related legislation such as Law No. 30 of 2002 on Corruption Eradication Commission and the Law 8 of 2010 on the Prevention and Eradication of Money Laundering.  Those Supporting legislations show that there is a shared commitment to eradicate corruption. Indonesia has also ratified the UNCAC (United Nations Convention against Corruption) by Law No. 7 of 2006 on the UN Convention (United Nations) Anti-Corruption. Support legislation is expected to provide a deterrent effect for offenders and protecting the rights of citizens has a whole. Keywords: Legislative Support, Criminal Code Draft, Eradication, Crime of Corruption, Pros and Cons    AbstrakSemangat pemberantasan tindak pidana korupsi terus bergulir. Berbagai upaya atau strategi dibangun untuk mempertajam kekuatan pemberantasan korupsi. Salah satunya adalah dengan dukungan legislasi atau peraturan perundang-undangan yang komprehensif dan efektif. Dibuktikan dengan lahirnya Undang-Undang No. 28 Tahun 1999 tentang Penyelenggaraan Negara yang Bersih dan Bebas dari Korupsi, Kolusi, dan Nepotisme dan Undang-Undang No. 31 Tahun 1999 sebagaimana diubah dengan Undang-Undang No. 20 Tahun 2001 tentang Pemberantasan Tindak Pidana Korupsi. Adapun undang-undang terkait lainnya seperti UU No. 30 Tahun 2002 tentang Komisi Pemberantasan Tindak Pidana Korupsi dan UU No. 8 Tahun 2010 tentang Pencegahan dan Pemberantasan Tindak Pidana Pencucian Uang. Dukungan legislasi tersebut menunjukkan adanya komitmen bersama untuk memberantas tindak pidana korupsi. Indonesia juga  telah meratifikasi UNCAC (United Nations Convention Against Corruption) dengan UU No. 7 Tahun 2006 tentang Konvensi PBB (Perserikatan Bangsa-Bangsa) Anti Korupsi. Dukungan legislasi ini diharapkan memberikan efek jera bagi pelaku sekaligus melindungi hak-hak warga negara secara keseluruhan. Kata Kunci: Dukungan Legislatif, RUU KUHP, Pemberantasan, Tindak Pidana Korupsi, Pro dan Kontra

scholarly journals Polemic of Indonesian Criminal Code Bill on Bali’s Tourism Industry

2019 ◽  
Vol 3 (1) ◽  
pp. 34
Author(s):  
I Made Ari Kapela
Keyword(s):  
Group Discussion ◽  
Criminal Code ◽  
Significant Loss ◽  
Tourism Industry ◽  
Penal Code ◽  
The Public ◽  
The Past ◽  
The Government ◽  
The Postponement ◽  
Fairmont Hotel

Indonesian Criminal Code Bill proposal, suddenly became a hot issue after Indonesia commemorate their 74th Independence Day. The executive and legislative accelerated completion of Indonesian Criminal Code Bill (ICCB) at Fairmont Hotel, Jakarta. Many parties have been urging the government to revise some outdated articles since the penal code was a product of Dutch colonialism in the past. Three crucial topics were discussed and added to the draft regarding blasphemy to president, crimes against morality and decency, as well as specific intent crime. Apparently, some parties were unsatisfied with the draft. Waves of uproar sprang up between mid-September and early October 2019. the demonstrators considered that there are ten controversial articles in the ICCB that have vague enforcement parameters. To reduce the public tension, the government agreed to delay the ICCB ratification that, according to public includes multiple problematic articles. President Joko Widodo stated that more input would be conducted before disseminate the latest ICCB information to public. The postponement would be evoked after the new set of parliaments is inaugurated. Albeit being postponed, Tourism practitioner in Bali experiencing significant loss of tourists visit due to the issues. It is expected in future; the government would involve tourism practitioner in group discussion before setting new regulations that may affect the vital industry of Indonesia.

scholarly journals JUDGE'S JUDGMENT ON CRIMINAL OFFENSE AGAINST PERPETRATORS OF CRIMINAL EXTORTION WITH THE VIOLENCE AGAINST OTHER PEOPLE'S MOTORCYCLES (Verdict Study Number: 237/Pid. B/2018/PN Kla)

2020 ◽  
Vol 2 (01) ◽  
pp. 56-65
Author(s):  
Oktasari Putri Pramisela ◽  
Yulia Hesti
Keyword(s):  
Law Enforcement ◽  
Attorney General ◽  
Criminal Code ◽  
Deterrent Effect ◽  
District Court ◽  
Criminal Offence ◽  
Factors Affecting ◽  
Criminal Offenses ◽  
Violent Criminal ◽  
The Law

A crime or criminal act, usually perpetrators of criminals because of an encouragement based on the importance of fulfilling the necessities of life that is relatively difficult to fulfill. In principle the crime problem does not stand alone, but it relates to other issues such as social, economic, political and cultural which is as a phenomenon that affects each other. To tackle crimes and criminal acts such a thorough enforcement and anticipation policy is required. One of the most common criminal acts in the community is the violence of violent blackmail. Perpetrators can be assessed by the community, therefore it is necessary to be handled by the law enforcement officers intensively with the severity of the criminal that was dropped. The problem in this study is how the judge's consideration in dropping a criminal against perpetrators of criminal offenses with violence against motorcycles belonging to others, what are some factors causing perpetrators of criminal extortion with violence. The method of study used is the normative juridical approach and empirical approach obtained directly at the District Court of Kls II Kalianda, state Attorney of South Lampung. Based on the results of the study can be concluded that the judge's judgment in the criminal offence against the perpetrator of violent criminal offence is in accordance with the element contained in article 368 paragraph (1) of the criminal CODE and was sentenced to 2 years imprisonment. Factors affecting the cause of perpetrators of criminal extortion in violence are environmental factors, economic factors on society, the law enforcement. The advice given is to be expected to the Tribunal, the attorney general and the police in providing or establishing the article can be in accordance with its elements and actions, to the rationing punishment against the defendant is considered fair and give a deterrent effect so that the defendant can not repeat it again. There is cooperation between law enforcement and the community in minimizing the crimes that occurred.

scholarly journals Putusan Tentang Pemidanaan Terhadap Pelaku Tindak Pidana Penadahan

2021 ◽  
Vol 1 (1) ◽  
pp. 68-78
Author(s):  
Listiana Listiana ◽  
Elly Sudarti
Keyword(s):  
Research Methods ◽  
Deterrent Effect ◽  
Criminal Offence ◽  
Criminal Offense ◽  
Criminal Sanctions ◽  
The Law ◽  
One Year

ABSTRAK Artikel ini bertujuan untuk mengetahui dan menganalisis putusan dalam tindak pidana penadahan. Penelitian ini menggunakan metode penelitian yuridis normatif.  Keputusan Pengadilan Negeri Sarolangun menunjukkan dalam penjatuhan pidana, hakim belum menerapkan ketentuan sanksi pidana yang terdapat dalam Undang-Undang secara maksimal. Hal ini dapat dilihat dari pemidanaan yang dijatuhkan terhadap pelaku penadahan kurang dari 1 (satu) tahun penjara, sementara ancaman maksimal dari tindak pidana penadahan adalah 4 (empat) tahun penjara. Hal ini mengakibatkan pemidanaan tidak akan memberikan efek jera bagi pelaku. ABSTRACT This article aims to find out and analyze the verdict of criminal offence. The research methods is normative research. The Sarolangun District Court's decision shows that in a criminal sentence, the judge did not apply the provisions of criminal sanctions contained in the law to the maximum. This can be seen from the punishment imposed on perpetrators of detention of less than 1 (one) year in prison, while the maximum threat of criminal offense is  4 (four) years in prison. This resulted in the punishment will not give a deterrent effect for the offender.

scholarly journals Kebijakan Online Single Submission sebagai E-Government dalam Mewujudkan Good Governance di Indonesia

2021 ◽  
Vol 23 (1) ◽  
pp. 71
Author(s):  
Rahmi Ayunda ◽  
Nertivia Nertivia ◽  
Laode Agung Prastio ◽  
Octa Vila
Keyword(s):  
Information Technology ◽  
Research Methods ◽  
Industry 4.0 ◽  
Good Governance ◽  
Government Information ◽  
Legal Research ◽  
Reform Era ◽  
The Public ◽  
Science Technology ◽  
The Government

Based on the history before the reform era, there have been many cases of government committing corruption, collusion and nepotism, this is the background of the movement to create a government to run good governance. As time has progressed, the time has come for a time that is all full of digitalization, both in the economy, education and politics. This research uses normative legal research methods. This study shows that the government in running its government will also be based on the development of sophisticated information technology which can be called E-Government. Therefore, there is now a time when the Indonesian government has used and allowed the Online Single Submission (OSS) system to make it easier for people who want to take care of business licensing. The implementation of good governance during the Industry 4.0 Revolution can take advantage of science, technology and information to provide good facilities and services to the Indonesian people, and the public can easily access government information.

scholarly journals Expert Information as an Evidence of Criminal Act of Corruption in Goods and Services Procurement

2018 ◽  
Vol 7 (3) ◽  
pp. 295
Author(s):  
I Gusti Ayu Stefani Ratna Maharani
Keyword(s):  
Research Methods ◽  
Strong Base ◽  
The Public ◽  
Limited Knowledge ◽  
Expert Information ◽  
Goods And Services ◽  
The Social ◽  
The Government

This research is focused to identify and analyze the role of the expert information as evidence in the case of corruption. One of the criminal acts of corruption that often occurs in the government is the criminal act of corruption in goods and services procurement, in which the perpetrators have abused the social aid fund from the government. There was the case of criminal act of corruption in goods and services procurement for social aid fund that occurred in Tabanan -Bali, which committed by I Wayan Sukaja, who had corrupted the State’s financial or social aid fund. Within the process of verification in the trial, the public prosecutors submit 2 (two) experts who provided information to assist in terms of verification. This study uses normative research methods. The purpose of this study is to analyze the role of expert information as evidence in criminal act of corruption. The role of an expert cannot be ignored because it will help the judges, prosecutors and lawyers who have limited knowledge. If the expert’s information is contrary, it could be ruled out by the judges but the expert’s information that excluded must be based on clear reason, and the judges must have strong base in assess the role of the expert’s information.

scholarly journals PENGGUNAAN KATA TABU DI MEDIA SOSIAL: KAJIAN LINGUISTIK FORENSIK

2019 ◽  
Vol 20 (2) ◽  
pp. 120
Author(s):  
Nadhifa Indana Zulfa Rahman
Keyword(s):  
Social Media ◽  
Government Regulation ◽  
Criminal Code ◽  
Media Communication ◽  
Taboo Words ◽  
The Law ◽  
The Republic ◽  
The Government ◽  
Active Communication ◽  
Equivalent Method

The freedom in social media communication have not been responded wisely by the citizen of the net (netizen). Sometimes while expressing themselves in the social media, netizens used the taboo words which potentially break the law. The problems chosen in this research is a type of taboo words used by the netizen and also whether these expressed words have a potential to violate the law. The method to collect the data is “Simak bebas libat cakap“(SBLC), it is a method where there is no active communication between interviewer and interviewee but it is only taken the data from internet, then to transcribe the taken data. The following step is analyzing data which used referential equivalent method, then the results of the analysis were presented informally. The findings showed that taboo words used in social media consisted of: (1) obscene words, (2) vulgar language, and (3) nick name and insult. These taboo words potentially violate the government regulation of the Republic Indonesia number 11 of 2008 concerning electronic information and transactions article 27 paragraph (3) and article 45 paragraph (1) as well as article 310 section (1) and article 311 section (1) of the Indonesian Criminal Code concerning defamation. Therefore, netizens must be careful in the way how communicate. Criminal Code, defamation, forensic linguistics, ITE Law, netizen, social media, taboo 

Conservative Representations of Executions

2020 ◽  
pp. 54-84
Author(s):  
Emmanuel Taïeb
Keyword(s):  
Corporal Punishment ◽  
Death Penalty ◽  
Criminal Code ◽  
Good Death ◽  
Political Force ◽  
The Public ◽  
Civilizing Process ◽  
The Law ◽  
Public Executions

Executionary publicity was not universally contested. Many people were still attached to the show of political force embodied by public executions, as well as the opportunity to morally “test” oneself. Faced with the advocates of this form of “brutalization,” the chapter examines the arguments that backed the preservation of public rituals of execution. It includes discussions about the demand for exemplarity and attempts to delegitimize the regime in its attempts to reform the Criminal Code; the plan to restore the use of corporal punishment and the whip as a deterrent to crime; the people's thirst for the guillotine in the wake of the Soleilland affair paradoxically led to a major victory for the pro-death-penalty camp; compartmentalization of the civilizing process and insensitivity to suffering of the general populace; the executions, brutalization and glorification of the violence of war; the diffusion of military values in service of executions being conditioned by “trivialization”; a martial relationship to executions, executions that attracted spectators; lastly the transforming of an execution into a good death “by self-punishment” and a “good death” by convincing the public that punishment was administered by an autonomous individual to himself rather than by the law.

Electronic Surveillance for the Public Good

2007 ◽  
pp. 100-113
Author(s):  
Liz Lee-Kelley ◽  
Ailsa Kolsaker
Keyword(s):  
Public Good ◽  
Central Government ◽  
Electronic Surveillance ◽  
The Public ◽  
Surveillance Technology ◽  
Self Interest ◽  
The Law ◽  
The Government ◽  
The Uk ◽  
The Relationship

The central government in the UK is determined to employ new surveillance technology to combat the threat of terrorist activities. This chapter contributes to the important debate on the relationship between citizens and the government, by discussing not whether electronic surveillance should be used, but rather, when it is acceptable to the populace. From our analysis, we conclude that a reconciliation of state-interest and self-interest is critical for the success of e-governance; as such, electronic surveillance’s mission has to be about serving the law-abiding majority and their needs, and its scope and benefits must be clearly understood by the visionaries, implementers and the citizenry.

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