scholarly journals Kebijakan Non Penal terhadap Pelaku Tindak Pidana Perjudian Jenis Sabung Ayam dalam Wilayah Hukum Kepolisian Sektor Kota Baru

2021 ◽  
Vol 21 (3) ◽  
pp. 927
Author(s):  
Hisbah Hisbah
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Social Situation ◽  
Criminal Code ◽  
Community Members ◽  
The Future ◽  
Law Enforcement Officials ◽  
New City ◽  
The Government ◽  
Taking Action

Gambling is a social disease that threatens real or potential social norms so that it can threaten public order. The purpose of this study is to determine the criminal law policy in tackling the criminal act of cockfighting in the Kota Baru Sector Police Law Area at this time and in the future, to find out the applicable policies carried out by law enforcers to tackle the criminal act of cockfighting gambling in the Legal Territory. New City Sector Police. In this study the author uses empirical juridical research methods. The criminal law policy against cockfighting gambling in the Criminal Code of gambling has been regulated in Article 303 bis and the penal code is four years in prison. Which is gambling is a game that puts valuable objects or money for betting. This incident makes gambling a criminal offense because any play that is played using money for betting is called gambling. Meanwhile, for the future, namely reforming the Draft Criminal Code is a must because the government must respond to these developments by planning a regulation that can include and reduce crimes in the field of decency, especially the crime of gambling in the type of cockfighting. So, this kind of thing requires a partnership between law enforcers and community members in overcoming the criminal act of gambling in order to create a social situation that is safe and clean from gambling that is troubling the public. The policy of law enforcement carried out by law enforcement officials in an effort to combat the crime of cockfighting gambling in the New City Sector Police jurisdiction is carried out by pre-emptive efforts, namely by focusing on efforts with an appeal to perpetrators of cockfighting gambling so that they have awareness and not. carry out gambling again because it is likely to disturb the security and order of the surrounding community. Then with preventive measures for prevention as a basis for eradicating gambling crimes in the New City Sector Police Legal Territory. Furthermore, through repressive measures, which are actions taken directly to eradicate crime by taking action so that the perpetrator is deterred and does not repeat the crime again.

scholarly journals Enforcement of Criminal Law on Crimes of Criminal Consensus Against State Security: Learning from Indonesia

Rechtsidee ◽  
2020 ◽  
Vol 7 ◽  
Author(s):  
Roby Satya Nugraha ◽  
Sri Ayu Astuti
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Secondary Data ◽  
Criminal Code ◽  
Criminal Sanctions ◽  
Library Research ◽  
Law Enforcement Officials ◽  
Criminal Conspiracy ◽  
Sense Of Justice ◽  
Case Number

The purpose of this legal research is to explain the first discussion, namely how to implement law enforcement against criminal conspiracy (samenspanning) which has been regulated in the Criminal Code and the Criminal Procedure Code. Second How is the imposition of sanctions for criminal conspiracy charges regulated in the Criminal Code in case Number: 293K / Pid / 2016. This type of research is normative research which is descriptive-analytical in nature, using secondary data with data collection techniques through library research and processing data qualitatively, it is concluded that law enforcement against criminal conspiracy is carried out by penal measures, penal measures are one of the efforts to enforce the law or all actions taken by law enforcement officials that focus more on eradication after a crime is committed under criminal law, namely criminal sanctions which constitute a threat to the perpetrator. The stages in this way include investigation, further investigation, prosecution, and so on, which in this case is part of criminal politics. The functionalization of criminal law is an effort to tackle crime through rational criminal law enforcement with the aim of creating the fulfillment of a sense of justice and efficiency. The imposition of sanctions Criminal sanctions imposed if a person has been proven to have committed a criminal act of treason can be punished with a criminal sentence contained in Article 106 of the Criminal Code with the threat of life imprisonment or twenty years in prison.

scholarly journals KEPASTIAN HUKUM DAN BUDAYA KORUPSI DI INDONESIA

2021 ◽  
Author(s):  
Boni Suparto Wuarlela
Keyword(s):  
Law Enforcement ◽  
Research Method ◽  
Early Age ◽  
Legal Certainty ◽  
Unitary State ◽  
The Future ◽  
Learning Programs ◽  
Law Enforcement Officials ◽  
The Republic ◽  
The Government

One of the biggest problems faced by the Unitary State of the Republic of Indonesia is the handling of the problem of corruption which seems to never end, both in terms of eradicating or implementing laws regarding corruption. In Indonesia, an independent institution specifically dealing with corruption issues has been established, namely the Corruption Eradication Commission (KPK) since 2002. However, the fact is that until 2020 it has not really been able to effectively address the problem of corruption in Indonesia with various arrests made by the Corruption Eradication Commission (KPK). proves that the problem of corruption that occurs inthis country and the government in Indonesia needs serious attention from various parties who play an important role in dealing with the problem. This writing aims to determine the extent to which legal certainty applies in the process of eradicating corruption in Indonesia, the researchmethod used is the normative research method. Based on the results of the research conducted, it can be concluded that the laws governing and law enforcement officials inovercoming the problem of corruption in Indonesia have not been fully effective in providing legal certainty to corrupt actors and the application of existing laws has not been able to fully guarantee the disappearance or no more corruption. will happen in the future, and there is a need for prevention that can give birth to new corruptors in the future by further increasing anti-corruption learning programs and carrying out various socialization or prevention of acts of corruption from an early age which is felt to help overcome the problem of corruptors in this country.

scholarly journals ANALISIS KEBEBASAN BERPENDAPAT TERHADAP AGAMA MENURUT PASAL 156A KUHP (STUDI KASUS PUTUSAN NOMOR 784/PID/2018/PT.MDN)

2019 ◽  
Vol 2 (2) ◽  
pp. 1230
Author(s):  
Livianto Sanjaya ◽  
Firman Wijaya
Keyword(s):  
Law Enforcement ◽  
Freedom Of Expression ◽  
Criminal Code ◽  
District Court ◽  
Real Relationship ◽  
Court Judge ◽  
Law Enforcement Officials ◽  
The Government ◽  
Call To Prayer ◽  
North Sumatra

Meliana was charged with violating Article 156a of the Indonesian Criminal Code and was sentenced by a Medan District Court judge with 18 months in prison for being considered a religious blasphemy for complaining about the volume of the call to prayer near her home. The problem is how freedom of expression relates to religion according to Article 156a of the Criminal Code. The research method used in writing this thesis is normative legal research. The results showed that the Medan District Court Judge considered that the element of "blasphemy" was fulfilled by the fact that based on the conversation delivered by witnesses at the trial and there was a very real relationship between the complaints of the defendant and the anger of Muslims and the Fatwa of the Indonesian Ulema Council of North Sumatra Province stated that The defendant is blasphemous towards Islam, which is the religion of Islam adopted in the State of Indonesia. Freedom of opinion is not free freedom, but freedom that is limited by applicable regulations (Law). This case shows that the blasphemy law is actually a tool of conflict, not a conflict prevention as the government considers it. If this law is not abolished, then there must be a way for the law to "no longer be used." Law enforcement officials truly understand the essence of the blasphemy law, so as not to set a bad precedent in the midst of national pluralism.

scholarly journals The Implication of Pancasila Values on The Renewal of Criminal Law in Indonesia

2018 ◽  
Vol 5 (2) ◽  
pp. 58
Author(s):  
Dian Alan Setiawan
Keyword(s):  
Law Enforcement ◽  
Cultural Values ◽  
Criminal Law ◽  
Social Order ◽  
Social Life ◽  
Criminal Code ◽  
Legal Research ◽  
Reform Era ◽  
The Future

The current draft of the Criminal Code is inseparable from the idea that the legal characteristics in Indonesia are the adoption of the societys social order which is reflected in the living code of cultural values and social life in Indonesian society which is heterogeneous and plural. The existence of cultural values as a developing law in the society cannot be denied its role in a basic framework for the arrangement of national criminal law in the future. The problem examined in this research is formulated into the following questions: What are the influences of cultural values on the renewal of criminal law? What are the implications of Pancasila values on the development of the current criminal law? The method used in this research was normative legal research method where the law is conceptualized as a method. This research is a legal research using a conceptual and legislation approach that will review the related law. The results of this research provide an understanding to pay attention to the characteristics of criminal law in Indonesia in accordance with the characteristics of Indonesian citizen which is based on the philosophy of Pancasila. It needs to be emphasized since the future renewal of the Criminal Code is expected to be valid in a long term period so that the renewal needs to be done carefully and thoroughly, starting from its substance and structure, legal cultural values, to legal validity. Those aspects should be carefully considered so that the renewal of the Criminal Code is in line with law enforcement efforts which correspond to the societys demands in the reform era. Lastly, this research is expected to provide input to governments, especially to the related lawmakers and law enforcement officers, to make improvements and enhancements in the provisions concerning the influence of Pancasila values on the renewal of criminal law.Konsep Rancangan KUH Pidana yang ada sekarang ini tidak terlepas dari pemikiran bahwa karakteristik hukum di Indonesia merupakan adopsi dari tatanan sosial masyarakat yang tercermin dalam tata laku hidup nilai nilai budaya dan kehidupan sosial dalam keragaman masyarakat Indonesia yang heterogen dan plural. Keberadaan nilai nilai budaya sebagai hukum yang berkembang di masyarakat tidak dapat dipungkiri peranannya dalam suatu kerangka dasar penyusunan hukum pidana nasional di masa yang akan datang. Rumusan masalah yang ditelaah dalam penelitian ini apakah pengaruh nilai nilai budaya terhadap pembaharuan Hukum Pidana ? Apakah implikasi nilai pancasila terhadap perkembangan hukum pidana saat ini ? Metode yang digunakan dalam penelitian ini menggunakan metode penelitian hukum normatif, dimana hukum dikonsepkan sebagai kaedah. Penelitian ini merupakan penelitian hukum dengan menggunakan pendekatan konseptual dan pendekatan perundang-undangan yang akan meninjau kembali Undang-Undang terkait. Hasil penelitian ini memberikan pemahaman agar memperhatikan karakteristik hukum pidana sesuai dengan ciri khas kehidupan masyarakat Indonesia yang hidup berdasarkan falsafah Pancasila. Hal ini perlu ditekankan karena pembaharuan KUH Pidana ke depan diharapkan dapat diperlakukan dalam jangka panjang sehinga perlu digarap dengan cermat dan teliti substansi maupun struktural, nilai budaya hukum, sampai validitas hukum (daya berlaku). semua itu dimaksudkan agar pembentukan KUH Pidana yang baru tersebut tidak menjadi sia-sia dengan upaya penegakan hukum yang sesuai dengan tuntutan masyarakat dalam era reformasi. Simpulan dan saran dalam penelitian ini diharapkan memberi masukkan kepada pemerintah terutama kepada para pembuat undang-undang dan para penegak hukum terkait untuk melakukan penyempurnaan dan perbaikan dalam ketentuan mengenai nilai-nilai pancasila yang memberikan pengaruh terhadap pembaharuan hukum pidana

scholarly journals KONSTRUKSI HUKUM DALAM PEMBUKTIAN TERHADAP KEJAHATAN MAYANTARA

2020 ◽  
Vol 8 (8) ◽  
pp. 1202
Author(s):  
Ni Luh Ketut Dewi Yani Putri
Keyword(s):  
Information Technology ◽  
Law Enforcement ◽  
Criminal Law ◽  
Research Method ◽  
Criminal Code ◽  
Cyber Crime ◽  
Legal Research ◽  
Legal Literature ◽  
Law Enforcement Officials ◽  
Cyber Space

Tujuan penulisan ini untuk memenuhi dan melengkapi persyaratan untuk memperoleh gelar Magiter Ilmu Hukum pada Fakultas Hukum Universitas Udayana. Tujuan khusus dari penulisan ini yaitu untuk mengetahui pembuktian serta yurisdiksi kejahatan mayantara dalam persidangan dan konstruksi hukum dalam peraturan perundang-undangan di Indonesia. Metode yang digunakan merupakan metode penelitian hukum normatif melalui pendekatan perundang-undangan dan pendekatan konsep. Teknik yang digunakan melalui studi kepustakaan yang diperoleh langsung dari bahan hukum primer berupa peraturan perundang-undangan dan literatur hukum yang terkait. Hambatan proses pembuktian dan yurisdiksi cyber crime yakni belum diaturnya alat bukti elektronik secara sah dalam KUHAP, masih diperdebatkannya kesaksian de auditu, serta sulit menemukan saksi yang berkompeten dalam menyaksikan kegiatan cyber crime. Mengenai yurisdiksi dalam kegiatan cyber crime juga perlu diatur kembali mengingat sangatlah sukar untuk memastikan dimana kejadiannya, kapan dilakukannya dan bagaimana perbuatan pelakunya, mengingat kejahatan ini merupakan global crime yang tidak jelas yurisdiksinya di samping berkaitan dengan cyber space yang pelakunya tidak kasat mata. Adapun Kebijakan Terhadap Kejahatan Mayantara (Cyber Crime) yakni melalui  modernisasi hukum pidana adapun beberapa alternative seperti Menghilangkan beberapa pasal- pasal pada Undang- Undang Cyber Crime yang tidak dipakai lagi (usang), Mengamandemen KUHP, Mengamandemen KUHAP, Mengamandemen Undang-Undang Teknologi Informasi, Dalam Pembuktian cyber crime aparat penegak hukum terutama hakim harus berani melakukan “rechtsvinding”. The purpose of this writing is to fulfill and supplement the requirements for the Magiter degree of legal sciences at the Faculty of Law of Udayana University. The specific purpose of this writing is to know the evidence and the jurisdiction of crime between the law in the trial and the construction of laws in Indonesia's laws and regulations. The method used is a normative legal research method through a statutory approach and a concept approach. Techniques used through literature studies obtained directly from the primary legal material in the form of legislation and related legal literature. The barriers to the proving process of cyber crime and jurisdiction are not in the legitimate electronic proof tool in the criminal CODE, still in the testimony of De Auditu, and difficult to find witnesses who are competent in witnessing cyber crime activities. Regarding the jurisdiction in cyber crime activities also need to be rearranged considering that it is difficult to ensure where the event, when it does and how the perpetration, considering this crime is a global crime that is unclear its jurisdiction in addition to the cyber space that the perpetration of invisible eyes. The policy on Cyber Crime is through the modernization of criminal law as some alternative such as eliminating some of the articles on Cyber Crime laws that are not used anymore (obsolete), amend KUHP, amend KUHAP, amend the Information Technology law, in proving Cyber Crime law enforcement officials, especially the judges must dare to do "rechtsvinding".

scholarly journals THE ROMANIAN CRIMINAL LAW ENFORCEMENT IN TIME IN THE LIGHT OF THE CHANGES INTRODUCED BY THE NEW ROMANIAN CRIMINAL CODE

2013 ◽  
Vol 7 (3) ◽  
Author(s):  
Liviu-Alexandru Lascu
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Public Interest ◽  
Criminal Code ◽  
The Government

The article aims to analyze the changes introduced by the new Criminal Code inrelation to the criminal law enforcement in time, mainly in order to harmonize the criminalprovisions with some constitutional principles and also, for the reason of their easilyapplication in practice.From this perspective we can observe that the new Criminal Code has taken over thegreatest part of the provisions nowadays into force and also, has eliminated those provisionsin contradiction with the constitutional principles. Among the latter we can mention thoseprovisions which provide the retroactivity of the additional punishment, education and safetymeasures for reasons of public interest or the provisions relating to the optional applicationof the most favorable criminal law in the closed cases. We may see, also, the introduction ofthe laws declared unconstitutional and the Ordinances of the Government among the lawswhich are subjects for the application of the principle of the most favorable criminal law.

scholarly journals UPAYA PERLINDUNGAN HUKUM TERHADAP KORBAN TINDAK PIDANA PERDAGANGAN ORANG

FIAT JUSTISIA ◽  
2016 ◽  
Vol 9 (3) ◽  
Author(s):  
Alfan Alfian
Keyword(s):  
Law Enforcement ◽  
Human Trafficking ◽  
Legal Protection ◽  
Criminal Code ◽  
Social Climate ◽  
Trafficking In Persons ◽  
The Third ◽  
Law Enforcement Officials ◽  
Victims Of Crime ◽  
The Government

Human trafficking is increasingly organized, the more troublesome the government to provide protection to the victim, because the crime became transnational, structured and systematic. From this incident it is important to be studied more deeply about the protection of victims of crime of trafficking in persons. The objective is to determine how the protection of victims of human trafficking crimes / human and determine the factors that constrain the government in protecting victims of human trafficking/ human. Legal protection against the crime of trafficking in persons in Indonesia is already regulated in such a way, but in terms of implementation of law enforcement, officials and government are still not seriously implies. Legal product that became a major locomotive and excellent law enforcement that the Criminal Code still not yet gives tendencies favor of the victim, because the product is still offering an abstract clause related casualties represented only by the state. Factors causing the difficulty of protection is not only on the government alone but the victims themselves who sometimes do omission because the first one is not able to react to deviations, the second, the victim or entity other controls may fear there will be a result of the more serious because of such conflict, the third, indifference has become a social climate that is caused by the absence of extensive reaction.Keywords: Crime, Legal Protection, Human Trafficking 

scholarly journals Criminalization of Commercial Sex Workers and Service Users of Commercial Sex Workers in Criminal Law Renewal

2021 ◽  
Vol 8 (12) ◽  
pp. 267
Author(s):  
Muhamad Khalif Ardi ◽  
Supanto Supanto ◽  
Rehnalemken Ginting
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Sex Workers ◽  
Criminal Liability ◽  
Criminal Code ◽  
Service Users ◽  
Commercial Sex ◽  
Conceptual Approach ◽  
Commercial Sex Workers ◽  
The Future

The purpose of this study is to look at the regulation of the actions of workers and service users of commercial sex workers in the current criminal law and to see the regulation of the actions of workers and service users of commercial sex workers in the future. This research is a normative research or doctrinal legal research using a statutory approach and a conceptual approach. The results of this study are that there is no clear regulation in Indonesian criminal law regarding criminal liability for the actions of workers and service users of commercial sex workers other than those contained in certain regional regulations, and in the future with the criminalization of acts of sexual intercourse outside the marriage bond as an act The criminal complaint in the Draft Criminal Code (RKUHP) must be changed into a form of ordinary crime so as not to limit the movement of law enforcement officers in carrying out law enforcement related to the actions of workers and users of commercial sex workers.

Recommendations of The Ombudsman’s Dilemma: Between Law Enforcement Officials and Protection of Credibility

2018 ◽  
Vol 2 ◽  
pp. 1-12
Author(s):  
Dyah Adriantini Sintha Dewi
Keyword(s):  
Law Enforcement ◽  
Public Service ◽  
Public Services ◽  
Point Of View ◽  
Law Enforcement Officials ◽  
Muslim Majority ◽  
The Republic ◽  
The Government ◽  
The One ◽  
Oversight Body

The Ombudsman as an external oversight body for official performance, in Fikih Siyasah (constitutionality in Islam) is included in the supervision stipulated in legislation (al-musahabah al-qomariyah). Supervision is done so that public service delivery to the community is in accordance with the rights of the community. This is done because in carrying out its duties, officials are very likely to conduct mal administration, which is bad public services that cause harm to the community. The Ombudsman is an institution authorized to resolve the mal administration issue, in which one of its products is by issuing a recommendation. Although Law No. 37 of 2018 on the Ombudsman of the Republic of Indonesia states that the recommendation is mandatory, theombudsman's recommendations have not been implemented. This is due to differences in point of view, ie on the one hand in the context of law enforcement, but on the other hand the implementation of the recommendation is considered as a means of opening the disgrace of officials. Recommendations are the last alternative of Ombudsman's efforts to resolve the mal administration case, given that a win-win solution is the goal, then mediation becomes the main effort. This is in accordance with the condition of the Muslim majority of Indonesian nation and prioritizes deliberation in resolving dispute. Therefore, it is necessary to educate the community and officials related to the implementation of the Ombudsman's recommendations in order to provide good public services for the community, which is the obligation of the government.

ANALISIS ABORSI DALAM PERATURAN PEMERINTAH NO. 61 TAHUN 2014 TENTANG KESEHATAN REPRODUKSI

2018 ◽  
Vol 4 (1) ◽  
pp. 1
Author(s):  
Ferry Fadzlul Rahman
Keyword(s):  
Law Enforcement ◽  
Reproductive Health ◽  
Government Regulation ◽  
Medical Emergency ◽  
Rape Victims ◽  
Negative Effects ◽  
Law Enforcement Agencies ◽  
Community Factors ◽  
Law Enforcement Officials ◽  
The Government

Abortion is a social phenomenon that is increasingly alarming. The concern is not without reason, because so far the behavior of abortion many negative effects both for themselves the perpetrators and the wider community. With the passing of the Government Regulation No. 61 Year 2014 on Reproductive Health still raises the pros and cons in the middle of the community. The approach used to address the problem that the above problems are normative juridical approach. Based on the results of the study need to decriminalize abortion in Government Regulation No. 61 Year 2014 on Reproductive Health which has the goal of creating the legal basis for abortion and the experts who helped him as an indication of a medical emergency or pregnancy due to rape, and factors inhibiting the decriminalization of abortion is legal factors themselves, law enforcement officials factors, factors facilities or infrastructure, community factors, and cultural factors. Suggestion that the author should the government needs to review the Government Regulation No. 61 Year 2014 on Reproductive Health in particular Article 31 and Article 34 within the limited evidence of rape victims in just 40 days because of the time limit is not relative to the law enforcement agencies to prove it, as well as regarding the evidentiary aspects of pregnancy due to rape victims in order to avoid an impression of legitimizing the act of abortion in any form. Keywords: Abortion, , Reproductive Health

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