scholarly journals PENERAPAN HUKUM TERHADAP TINDAK PIDANA PENGRUSAKAN BARANG DALAM AKSI UNJUK RASA

LEGALITAS ◽  
2020 ◽  
Vol 5 (1) ◽  
pp. 19
Author(s):  
Alex Subagyo Dan Irman Syahriar
Keyword(s):  
Research Method ◽  
Social Systems ◽  
Criminal Code ◽  
Point Of View ◽  
Human Being ◽  
Legal Research ◽  
Legal Sanctions ◽  
The Law ◽  
Group Interests

Basically the damage to other people's belongings is very detrimental to the owner of the damaged goods only partially or completely so that the owner of the goods can no longer use his belongings, other than that the goods that have been damaged are valuable to the owner by damaging the goods very disturbing the peace of the owner of the goods . How is the application of the law to the crime of destruction of goods in a demonstration and how is the criminological point of view of the crime of destruction of goods in a demonstrationThis type of research used in this study is a type of normative legal research, which is a legal research method that uses a statutory approachThe results showed that the threat of punishment in article 170 paragraph (1) of the Criminal Code, regarding legal sanctions for perpetrators of violence against people or goods in public is threatened with imprisonment for five years and six months, whereas in Article 406 paragraph (1) of the Criminal Code with the same result, namely violence against goods, the perpetrators were threatened with imprisonment for up to two years and eight months or a maximum fine of four Rp. 4,500 (four thousand and five hundred). Every human being has an interest, where interests are divided into three namely individual interests, group interests and general interests. Crime, violence and "mass vandalism" in Indonesia are products of social systems with various values that are not mutually harmonious, and are not always compatible, harmonious and balanced.

scholarly journals Tinjauan Yuridis terhadap Tindak Pidana Pungutan Liar (Pungli)

2020 ◽  
Vol 1 (2) ◽  
pp. 139-144
Author(s):  
I Wayan Arsa Yogi Wiguna ◽  
I Nyoman Sujana ◽  
I Nyoman Gde Sugiartha
Keyword(s):  
Research Method ◽  
Criminal Code ◽  
Criminal Sanctions ◽  
Material Sources ◽  
Social Sanctions ◽  
Legal Sanctions ◽  
Legal Arguments ◽  
The Law ◽  
Crime Of Corruption

In the community, it is often heard about illegal fees which are a form of criminal act. This study aims to determine the regulation of illegal levies (Pungli) based on Regional Regulation No. 8/2010 concerning levies, creations and sports and to determine the imposition of criminal sanctions against perpetrators who commit illegal extortion (Pungli). The research method used is the normative research method, primary and secondary legal material sources, records of statutory books and other literature are carried out to collect data, and analysis of legal materials using legal arguments. The results of this study indicate that the regulation of corruption is implied in the formulation of corruption in several articles including Article 423 of the Criminal Code referred to in Article 12 of Law Number 31 Year 1999 as a criminal act of corruption, which is then reformulated in Law Number. 20 of 2001 concerning the crime of corruption. Legal sanctions against extortion consist of social sanctions and criminal sanctions. The law on corruption is stated in it regarding the crime of extortion.

scholarly journals Pemidanaan terhadap Pelaku Main Hakim Sendiri dalam Kaitannya dengan Kontrol Sosial (Social Controlling)

2020 ◽  
Vol 1 (2) ◽  
pp. 63-67
Author(s):  
I Made Khrisna Dwi Payana ◽  
Anak Agung Sagung Laksmi Dewi ◽  
Ni Made Sukaryati Karma
Keyword(s):  
Research Finding ◽  
Research Method ◽  
Social Situation ◽  
Criminal Code ◽  
Criminal Sanction ◽  
Legal Basis ◽  
Legal Research ◽  
Emotional Factors ◽  
The Social ◽  
The Law

Vigilante (vigilante) creates an outburst of emotions and resentment from the community about the failure of law enforcers to carry out their duties to find criminals. So that it causes mistakes and acts alone without any legal basis and applicable laws. As for the problems found: 1. What is the legal arrangement for vigilante acts? 2. What is the criminal sanction for vigilante actors in relation to social control? The purpose of this research is to find out the qualifications of vigilante one criminal act along with the criminal threat, and it is important that the imposition of vigilante offenders regulate the behavior of the community. This study uses a normative research method, namely legal research which examines various aspects of written law. There is a research finding that the act of vigilantism is due to participation, emotional factors, lack of understanding of the law, the social situation and the law enforcement's inactivity towards the perpetrator is threatened with a criminal act based on the provisions of Article 170 of the Criminal Code.

scholarly journals TANGGUNG JAWAB PPAT DALAM HAL PEMBUATAN AKTA JUAL-BELI TANPA SEPENGETAHUAN AHLI WARIS

2019 ◽  
Vol 2 (2) ◽  
pp. 978
Author(s):  
Jodhantara Aulliandika ◽  
Gunawan Djajaputra
Keyword(s):  
Precautionary Principle ◽  
Research Method ◽  
Criminal Code ◽  
Legal Research ◽  
The Precautionary Principle ◽  
Illegal Acts ◽  
The Law ◽  
Land Sale

Land Deed Makers / PPAT Officers are officials who have the authority to make authentic deeds related to legal actions such as making land sale and purchase deeds. However, in practice, PPAT is often used as a part of the Defendant because of inaccuracy or inadvertence in making the sale and purchase deeds to the detriment of the heirs of the landowner. So the problem arises how the accountability of PPAT in terms of making Deed of Sale and Purchase without the knowledge of the Heirs of the Land? The method used is a normative legal research method. Based on PPAT Cikampek analysis results in decision number 12 / PDT.G / 2017 / PN.KWG declared to have committed acts against the law in carrying out their duties violating the precautionary principle of making Deed of Sale without the presence of Seller / heir so that, PPAT is dropped Article Acts against the law but without being held accountable, it should be in accordance with the provisions of Article 1365 of the Indonesian Criminal Code, a person who commits an act against the law is obliged to provide compensation, but in this decision the judge does not decide on the PPAT to be responsible but impose the article on illegal acts against PPAT with the regions Cikampek sub-district, Karawang Regency.

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 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 The Certainty And Legal Protection To The Buyer's Auction Of The Mortgage Right Object On Online Auctions At The Service Of Wealth State Office And Auction (KPKNL)

Jurnal Akta ◽  
2018 ◽  
Vol 5 (2) ◽  
pp. 481
Author(s):  
Arif Budi Pamungkas ◽  
Djauhari Djauhari
Keyword(s):  
Research Method ◽  
Online Auctions ◽  
Legal Protection ◽  
Legal Certainty ◽  
Legal Research ◽  
The Public ◽  
State Office ◽  
The Law ◽  
The Right ◽  
The Way

An auction is an activity of selling of goods in public by means of a verbal-bid to get the higher price or to get lower prices and the price quote can be done in a closed and written. This is done by the way of collecting the prospective buyers of the auction led by officials of the auction. In this case, the intended auction was the sale of goods that are held publicly. The auction, according to the regulations of security right, is when the debtor made a breach, the holder of the security rights have the right to sell the security rights’ objects over its own power through a public auction as well as taking payment of account receivable from the sale proceeds. An auction is an alternative to the sale of an undertaken asset by way of inviting prospective buyers at a particular time and place in which the last highest bidder in writing or orally is determined as the winner. The author used socio-legal research as his research method. To meet the forth standards set by the law, the auction should be widely announced to the public, either through printed file, electronic or visual. A legal certainty as a basis which concerned with propriety and justice is very closely related to the principle of auction sales in another. As the formulation of the problem of the form of identification of the problem, namely how the legal protection of the auction buyers encountered the obstacles as well as the solution.Keywords: Auction; Legal Protection; Mortgage Right

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 Perlindungan Hukum bagi Pekerja Dengan Perjanjian Kerja Tidak Tertulis pada Perusahaan Pemberi Kerja

2021 ◽  
Vol 2 (1) ◽  
pp. 158-162
Author(s):  
Robertus Berli Puryanto ◽  
I Nyoman Putu Budiartha ◽  
Ni Made Puspasutari Ujianti
Keyword(s):  
Research Method ◽  
Dispute Settlement ◽  
Industrial Relations ◽  
Legal Protection ◽  
Economic Activities ◽  
Legal Research ◽  
Work Relations ◽  
Legal Remedies ◽  
The Law ◽  
The Republic

Labor is something that is needed by an employing company in carrying out its economic activities. This can be seen in the constitutional arrangements of the Republic of Indonesia in Article 27 paragraph (2) of the 1945 Constitution of the Republic of Indonesia. In the implementation of the working relationship between workers and the employing company, there are several rights and obligations that must be fulfilled between the two parties. Because there are provisions regarding work agreements that are differentiated based on the form of the agreement, each worker has different rights where these rights must be guaranteed by the company based on law. From this, the problems that will be examined are legal protection for workers with an unwritten work agreement at the employing company, as well as legal remedies that can be taken by workers with an unwritten agreement in the event of a violation of rights by the company. The research method used is normative legal research, namely legal research conducted by examining existing library materials. By examining problems by looking at existing regulations, and describing problems that occur in practice or in everyday life in society. From the research conducted, it was found that legal protection for workers with an unwritten work agreement at the employing company is regulated based on Law Number 13 of 2003 concerning Manpower where the basis is that the applicable work agreement is an indefinite work agreement so that the rights obtained under the provisions of the law. Then efforts that can be made if there is a violation of the law in work relations is based on Law Number 20 of 2004 concerning Industrial Relations Dispute Settlement, namely in the form of Bipartite, Tripartite (Mediation, Consoliation and Arbitration) negotiations, as well as through Trials at the Industrial Relations Court.

scholarly journals Sanksi Pidana terhadap Pejabat Negara yang Melakukan Korupsi atas Penyalahgunaan Wewenang

2021 ◽  
Vol 2 (1) ◽  
pp. 168-173
Author(s):  
I Gede Sayogaramasatya ◽  
I Made Minggu Widyantara ◽  
Ida Ayu Putu Widiati
Keyword(s):  
Death Penalty ◽  
Research Method ◽  
Legal Research ◽  
Abuse Of Power ◽  
The Law ◽  
Financial Losses

The large number of state officials who commit corruption due to abuse of authority while exercising their authority can lead to losses to State finances. This study aims to determine the regulation of corruption by state officials in Indonesia, as well as to determine the sanctions for state officials who commit corruption for abuse of power. The research method used in this research is normative legal research with a statutory approach. The results showed that the regulation of corruption committed by state officials in the Corruption Eradication Law No. 20 of 2001, which defines that the act is committed by everyone against the law only to enrich himself or others including corporations which categorized as causing financial losses to the country's economy. There are two sanctions for officials who commit corruption for abuse of office, namely the death penalty and imprisonment.

scholarly journals Transaksi Jual Beli Melalui Media Instagram Menurut Undang-Undang Nomor 11 Tahun 2008 Tentang Informasi dan Transaksi Eletronik

2021 ◽  
Vol 2 (2) ◽  
pp. 416-421
Author(s):  
I Made Satria Wibawa Tangkeban ◽  
I Nyoman Putu Budiartha ◽  
Ni Made Sukaryati Karma
Keyword(s):  
Research Method ◽  
Primary Sources ◽  
The Internet ◽  
Legal Research ◽  
Online Transactions ◽  
Legal Remedies ◽  
Trading Activities ◽  
The Law ◽  
Legal Consequences

The internet is an electronic and information medium that is developing very rapidly. The internet is widely used in various activities, namely trade, trading activities that use the internet known as e-commerce. Trading on the internet itself raises many problems related to the law and all its risks. Problems that can arise include default. The research aims are to analyze the rights and obligations of the parties in buying and selling transactions via Instagram and the legal consequences that arise if the seller in the sale and purchase transaction through Instagram defaults. The research method used is normative legal research, with using statutory approach. Primary sources of legal materials, sources of secondary legal materials were analyzed using systematic interpretation techniques. The result shows that in the buying and selling activities carried out on Instagram, there are often deviations in rights and obligations that are no longer in accordance with existing norms in society and legal remedies that can be taken if there is a default from one of the parties, be it the seller. and buyers who make online transactions can be sued within the environment of the general court or outside the court and can be subject to direct fines for parties who do not perform in default.

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