scholarly journals Akibat Hukum Terhadap Anak Sebagai Pelaku Tindak Pidana Pencurian Yang Menyebabkan Kematian (Studi Putusan Nomor : 45/Pid.Sus-Anak.2018/PN. Lbp)

2019 ◽  
Vol 1 (1) ◽  
pp. 78-88
Author(s):  
Denny Hardi Pranata Saragih ◽  
Rizkan Zulyadi ◽  
Dessy Agustina Harahap
Keyword(s):  
Research Methods ◽  
Research Method ◽  
Economic Factors ◽  
Human Beings ◽  
Legal Research ◽  
Male And Female ◽  
The Real ◽  
Female Relationships ◽  
Empirical Law ◽  
Case Number

Children according to language are the second offspring as a result of male and female relationships. In consideration of Law No. 23 of 2002 concerning the protection of children, it is said that children are the mandate and gift of God Almighty, which is inherent in their dignity and dignity as whole human beings. The research method used is the author uses a type of Empirical Law research which is a legal research method that functions to look at the law in the real sense and examine how law works in the community. Because in this study examines people in living relationships in the community, the empirical legal research methods can be said as sociological legal research. Based on the position of decision case number 45 / Pid.Sus-Anak / 2018 / PN Lbp factors that cause children to commit crime are economic factors and are invited by friends and excessive lifestyle.

The Law Enforcement Weakness of Songs and Musics Copyright Crimes

2021 ◽  
Vol 3 (1) ◽  
pp. 139-154
Author(s):  
Edi Tuahta Putra Saragih ◽  
Muhammad Citra Ramadhan ◽  
Isnaini Isnaini
Keyword(s):  
Law Enforcement ◽  
Research Method ◽  
Copyright Infringement ◽  
Copyright Law ◽  
Cultural Factor ◽  
Legal Research ◽  
The Real ◽  
The Law ◽  
Real Picture

This research aimed to: (a) obtain the forms of copyright infringement of songs and/or music (with or without lyrics); (b) understand the role of the police, in this case the Police Precinct, in the law enforcement; (c) identify the factors that influenced the law enforcement. The research method used the normative-empirical legal research, with the initial stages of specifying norms in order to get the proper picture, and then specifying empirical events in order to get the real picture. The research results showed several matters: 1) The forms of copyright infringement of songs and/or music (with or without lyrics) found included: the distribution of the works or the copies, the performances of the works, and the announcements of the works; 2) Police Precinct did notultimately carry out their role as a law enforcer for the copyright infringement of songs and/or music (with or without lyrics); and 3) The factors that influenced the law enforcement on the copyright infringement of songs and/or music (with or without lyrics), namely: legislation factor, in the matter of complaint offenses; law enforcement factor, in terms of the capacity of members; less supportive factor of facilities and infrastructure; legal awareness factor, in the problem of the lack of legal counseling; and cultural factor, related to the differences in norms in the copyright law between those in society and those in regulations. 

scholarly journals The Position of Constitutional Complaint in the Constitutional Court of the Republic of Indonesia

2021 ◽  
Vol 2 (1) ◽  
pp. 61-78
Author(s):  
Agsel Awanisa ◽  
Yusdianto Yusdianto ◽  
Siti Khoiriah
Keyword(s):  
South Africa ◽  
South Korea ◽  
Judicial Review ◽  
Research Method ◽  
Comparative Approach ◽  
Constitutional Court ◽  
Legal Research ◽  
Conceptual Approach ◽  
The Republic ◽  
Case Number

The purpose of this research is to determine the constitutional complaint mechanism based on comparisons in other countries, practices, and adaptation of constitutional complaints under the authority of the Constitutional Court of the Republic of Indonesia. Many cases with constitutional complaint substance have been submitted to the Constitutional Court of the Republic of Indonesia even though they don’t have this authority. This research uses a normative legal research method using a statutory approach, a conceptual approach, a comparative approach, and a case approach. This research indicates that the constitutional complaint mechanism in Germany, South Korea, and South Africa has been well implemented. In practice, cases with constitutional complaint substance are filed to the Constitutional Court of the Republic of Indonesia by changing the form by using the legal means of a judicial review, such as case number 16/PUU-VI/ 2008, case number 140/PUU-XIII/2015 and case number 102/PUU-VII/2009. Due to the consideration of the structure, substance, and culture of law, adaptation of constitutional complaint within the authority of the Constitutional Court of the Republic of Indonesia needs to be carried out by amending Law Number 24 of 2003 jo. Law Number 7 of 2020 concerning the Constitutional Court.

scholarly journals Perlindungan Hukum Terhadap Konsumen yang Dirugikan Atas Kelalaian Pelaku Usaha Cuci Sepatu di Denpasar Timur

2021 ◽  
Vol 2 (2) ◽  
pp. 243-247
Author(s):  
I Wayan Indra Adi Wicaksana ◽  
I Nyoman Putu Budiartha ◽  
Ni Made Puspasutari Ujianti
Keyword(s):  
Consumer Protection ◽  
Public Interest ◽  
Research Method ◽  
External Factors ◽  
Legal Research ◽  
Great Demand ◽  
Legal Remedies ◽  
Empirical Law ◽  
Long Time ◽  
Internal And External Factors

Public interest in shoes is a special need, shoes are in great demand by millennials because they are useful for protecting feet. The habit of collecting these shoes arises from the desire of humans to keep their goods so they don't get damaged quickly and stay clean for a Long time. However, there are still cases of damage to shoes that cause Losses to consumers and there is no responsibility from the shoe washing service. The research method used is the type of empirical Law, empirical legal research aims to find facts, and conduct interviews. There are internal and external factors that cause damage to consumer shoes by business actors. So that responsibility for losses cannot be carried out unilaterally between business actors and consumers because there are Legal remedies that can be taken if they are harmed. Lack of knowledge and understanding fromconsumers, makes the position of consumers lower than business actors. So with the existence of Law Number 8 of 1999 concerning Consumer Protection, both parties need to know so that their rights and obligations are not violated.

scholarly journals Faktor Penyebab dan Upaya Penanggulangan Tindak Pidana Pengalihan Objek Jaminan Fidusia

2021 ◽  
Vol 1 (3) ◽  
pp. 106-119
Author(s):  
M. Hadhri Nur ◽  
Elly Sudarti ◽  
Dheny Wahyudi
Keyword(s):  
Research Methods ◽  
Research Method ◽  
External Factors ◽  
Legal Research ◽  
Internal Factors

This study aims 1) to determine and analyze the factors causing the occurrence of the crime of transferring the object of fiduciary security in Jambi City; 2) to identify and analyze efforts to overcome the occurrence of a criminal act of transferring the object of fiduciary security in Jambi City. The research method used is empirical legal research methods. The results showed that 1) the factors causing the crime of transferring the object of fiduciary security in Jambi City consisted of internal factors and external factors. ; 2). Efforts to overcome the cause of the crime of transferring the object of fiduciary security in Jambi City are through preventive and repressive measures from the police and related parties with fiduciary guarantees. Abstrak Penelitian ini bertujuan 1) untuk mengetahui dan menganalisis faktor penyebab terjadinya terjadinya tindak pidana pengalihan objek jaminan fidusia di Kota Jambi; 2) untuk mengetahui dan menganalisis upaya penanggulangan terjadinya tindak pidana pengalihan objek jaminan fidusia di Kota Jambi. Metode penelitian yang digunakan adalah metode penelitian hukum empiris. Hasil penelitian menunjukkan bahwa 1) faktor-faktor penyebab terjadinya tindak pidana pengalihan objek jaminan fidusia di Kota Jambi terdiri atas faktor internal , dan faktor eksternal. ; 2). upaya penanggulangan penyebab terjadinya tindak pidana pengalihan objek jaminan fidusia di Kota Jambi adalah dengan upaya preventif maupun represif dari pihak kepolisian dan pihak terkait dengan jaminan fidusia.

scholarly journals AN APPRAISAL OF THE CONSTITUTIONAL AND REGULATORY MECHANISMS FOR THE APPOINTMENT OF JUDICIAL OFFICERS IN NIGERIA AND ASSOCIATED CHALLENGES

2020 ◽  
Author(s):  
Musa Adamu Aliyu ◽  
Nor Anita Abdullah ◽  
Haslinda Muhd Anuar
Keyword(s):  
Research Method ◽  
Legal Profession ◽  
Structured Interview ◽  
Qualitative Approach ◽  
Regulatory Mechanisms ◽  
Legal Research ◽  
The Real ◽  
Chief Justice

The institution to settle the dispute between individuals is a court of law manned by Judges. To nominate and appoint the judges are herculean tasks which involve processes to ensure only fit and proper persons occupy Judicial Offices. This paper examined the constitutional and regulatory procedures for the appointment of Judicial Officers in Nigeria. The study identified the problems associated with the processes of the appointment of the Judicial Officers in Nigeria. The work adopted the socio-legal research method by using the qualitative approach. There is a dearth of literature in Nigeria on how the procedure for the appointment of Judicial Officers operates practically and the real problems associated with the operation of the procedural laws. To achieve the research objectives, a semi-structured interview was used. Three specialists in the Nigerian legal profession were interviewed to find out the actual issues on the ground. The study discovered that lobbying has been entrenched in the process of the appointment of Judicial Officers in Nigeria. The research further found that the powers of the Chief Justice of Nigeria to appoint the majority of members of the recommendation body threatens the independence of the Judiciary.

scholarly journals KAJIAN KRIMINOLOGI TERHADAP KEJAHATAN BEGAL DI KOTA SAMARINDA

LEGALITAS ◽  
2020 ◽  
Vol 5 (1) ◽  
pp. 30
Author(s):  
Muhammad Laksamana Dan Dina Paramitha Hefni Putri
Keyword(s):  
Moral Development ◽  
Research Method ◽  
Large Scale ◽  
Early Age ◽  
Economic Factors ◽  
School Age ◽  
Legal Research ◽  
Motor Action ◽  
The Public ◽  
The City

Begal motor action in the city of Samarinda increasingly disturbing the public, they acted not knowing the time and place. The intensity has also increased sharply. However, there has been no preventive efforts by the police on a large scale to ensure that Samarinda is free from the "colonialism" of thugs. What factors caused the crime of begal in Samarinda City.How is the effort made by law enforcers to deal with the crime of begal in Samarinda City The type of research used in this study is empirical legal research, which is a legal research method that looks directly at the field dataThe results of the research and discussion of the factors causing the occurrence of begal are, Economic Factors (perpetrators want to pay off debts to their own families), Factors of Reason Weaknesses Weaknesses reasoning power of perpetrators who make them choose the wrong choice between two choices. Weak perpetrators' reasoning power, which is sometimes found perpetrators still a student, Weaknesses Faith Factors Lack of planting religious values by parents towards children from an early age and the environment that is less supportive makes a child, especially teenagers at school age, very vulnerable to moral development or akhlaknya, Drug Addiction Factor some Actors said he always felt restless and could not concentrate properly when not consuming methamphetamine. There are three ways that countermeasures can be made against crime, namely, pre-emptive, preventive and repressive

scholarly journals Legal Research- Descriptive Analysis on Doctrinal Methodology

2019 ◽  
pp. 95-103
Author(s):  
Pradeep M.D.
Keyword(s):  
Research Methods ◽  
Social System ◽  
Descriptive Analysis ◽  
Human Beings ◽  
Legal Research ◽  
Legal Studies ◽  
The Social ◽  
Legal Mechanism ◽  
The Impact ◽  
Stock Of Knowledge

Human beings possess instinct of inquisitiveness in cases of confronting with the unknown aspects of life which probe to attain greater understanding on such uncertainty. This inquisitiveness is the method which man employs for obtaining knowledge is termed as research. It is the art of scientific enquiry into new facts conducted in any branch of knowledge. Generally, Research is the movement from the known towards the unknown to be called as the voyage of discovery. It originally contributes to the existing stock of knowledge facilitating its advancement. Truth is pursued with the help of study, observation, comparison and experiment. Systematic study of the law through doctrinal and non-doctrinal research methods considers to be the socio-legal studies aiming to analyze the impact of legal mechanism on the social system. This paper introduces into the fundamentals of legal research, socio-legal studies, conceptual framework on doctrinal research, steps of doctrinal studies, limitations and differences between doctrinal and non-doctrinal legal research methods.

scholarly journals Dilema Hakim Pengadilan Agama dalam Menyelesaikan Perkara Hukum Keluarga Melalui Mediasi

2021 ◽  
Vol 4 (1) ◽  
pp. 115-124
Author(s):  
Erie Hariyanto ◽  
Moh. Efendi ◽  
Sulistiyawati Sulistiyawati
Keyword(s):  
Supreme Court ◽  
Research Methods ◽  
Research Method ◽  
Family Law ◽  
Legal Research ◽  
The One ◽  
Religious Courts

This article aims to determine the role of judges in resolving family law cases through mediation in the Religious Courts, where judges have the position as state officials as regulated in Law Number 43 of 1999 concerning Basic Personnel, can also be a mediator in the judiciary. as regulated in Supreme Court Regulation Number 1 of 2016 concerning Mediation Procedures where judges have the responsibility to seek peace at every level of the trial and are also involved in mediation procedures. The research method used in this article uses normative legal research methods. Whereas until now judges still have a very important role in resolving family law cases in the Religious Courts due to the fact that there are still many negotiating processes with mediation assisted by judges, even though on the one hand the number of non-judge mediators is available, although in each region it is not evenly distributed in terms of number and capacity. non-judge mediator.

scholarly journals PENEGAKAN HUKUM TERHADAP KEPEMILIKAN TANAH INDONESIA OLEH WARGA NEGARA ASING MELALUI PERJANJIAN NOMINEE

2020 ◽  
Vol 8 (12) ◽  
pp. 1862
Author(s):  
Fithrah Fithrah
Keyword(s):  
Law Enforcement ◽  
Research Methods ◽  
Public Interest ◽  
Research Method ◽  
Scientific Paper ◽  
Land Ownership ◽  
The State ◽  
Legal Research ◽  
The Public ◽  
The People

Tujuan penulisan karya ilmiah ini adalah untuk mengkaji pengaturan terkait kepemilikan tanah di Indonesia oleh orang asing melalui perjanjian nominee dan upaya penegakan hukumnya. Metode penelitian yang digunakan ialah metode penelitian hukum normatif dengan menggunakan pendekatan peraturan perundang-undangan dan konseptual. Hasil dari penulisan karya ilmiah ini ialah penegakan hukum terhadap praktek kepemilikan tanah oleh orang asing melalui perjanjian nominee dapat dilakukan oleh kejaksaan selaku organ negara yang mewakili kepentingan publik, baik melalui sarana perdata maupun pidana. Hal ini perlu dilakukan guna melindungi tanah Indonesia dimiliki oleh orang asing dan guna mendukung upaya negara mewujudkan tugas konstitusionalnya, yakni menguasai tanah bagi sebesar-besarnya kesejahteraan rakyat tanpa harus memberikan ketidakadilan bagi Warga Negara Asing. The purpose of writing this scientific paper is to examine regulations related to land ownership in Indonesia by foreigners through nominee agreements and law enforcement efforts. The research method used is normative legal research methods using statute and conceptual approaches. The result of writing this scientific paper is that law enforcement against the practice of land ownership by foreigners through nominee agreements can be carried out by the prosecutor as the state organ representing the public interest, both through civil and criminal means. This needs to be done in order to protect Indonesian land owned by foreigners and to support the state's efforts to realize its constitutional duties, namely to control the land for the maximum welfare of the people without having to give injustice to foreign citizens.

scholarly journals ASAS KEADILAN DAN AHLI WARIS PENGGANTI DALAM PRAKTIK KEWARISAN MASYARAKAT BERDASARKAN HUKUM ISLAM DIKECAMATAN BANTAN KABUPATEN BENGKALIS

2018 ◽  
Vol 17 (1) ◽  
pp. 1
Author(s):  
Hasan Basri ◽  
Muhammad Azani
Keyword(s):  
Research Method ◽  
Islamic Law ◽  
Legal Research ◽  
Male And Female ◽  
Positive Law ◽  
The Family ◽  
The Law ◽  
Sense Of Justice

<p><em>This article analyzes the inheritance practices carried out by the community in Bantan District, Bengkalis Regency Based on Islamic Law. The research method used is a sociological legal research that discusses the application of positive law regarding the practice of community inheritance in Bantan District, Bengkalis Regency. The results showed: a. The community in Bantan Subdistrict turned out to be wrong in understanding the principle of balanced justice which was considered to be contrary to the sense of justice for the heirs. They understand the principle of balanced justice must be in the same sense. Whereas the meaning of the principle is that each heir, both male and female, has the same rights in obtaining inheritance rights. Men get more rights which do not mean unfair, but in Islamic law it stipulates that men are responsible for the burden of the family; b. The community in Bantan District in understanding radd in Islamic law does not fully refer to the KHI which is a reference in determining the law. They divide radd based only on habits that can be shared with the heirs who want it or the mosque; c. The community in Bantan Subdistrict considers that the heirs who passed away first from the heir, cannot be replaced by the heir's child. Whereas based on Article 185 paragraph (1) the KHI position of the heir can be replaced by the offspring of both male and female.</em></p>

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