scholarly journals CRIMINAL LAW ENFORCEMENT POLICY ON MINERAL AND COAL MINING BUSINESSES

2020 ◽  
Vol 1 (2) ◽  
Author(s):  
Andre Birawa ◽  
Liliana Tedjosaputro
Keyword(s):  
Law Enforcement ◽  
Coal Mining ◽  
Criminal Law ◽  
Economic Value ◽  
Secondary Data ◽  
Primary Data ◽  
Research Approach ◽  
Enforcement Policy ◽  
Illegal Mining ◽  
The Republic

<p class="BodyAbstract">The implementation of the criminal law enforcement policy on mineral and coal mining businesses (minerba) still occurs several violations of Article 158 of the Law of the Republic of Indonesia No 4 of 2009 (Minerba Law). This journal aims to find out and analyze: 1) criminal law policy in law enforcement on illegal mining businesses according to the Minerba Law; and 2) current law enforcement constraints and future improvements. The normative juridical research approach places secondary data, in the form of primary legal material (Minerba Law) as the main material. Meanwhile, primary data acts as supporting analysis, which is obtained using interview techniques. Secondary data obtained through the study of legal literature, especially Case No. 237 / Pid. Sus / 2018 / PN Jpa. The entire data, analyzed using descriptive qualitative methods. Results: (1) Minerba Act, qualified as administrative criminal law. The criminal provisions are regulated in 8 articles with the threat of imprisonment, confinement and fines. (2) Law enforcement constraints from the Legal Substance dimension is the equalization of all mining activity permits in the form of Mining Business Permits. Legal structure perspective, demands large funding requirements. Internal Legal Culture experiences obstacles in coordination between Police investigators and PPNS. Externally, it explains that people prioritize economic value. In the future, a Rock Mining Permit is required, consistency in the application of article 158 and solid coordination between police and ESDM investigators, as well as education on environmental values.</p>

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 Application of Military Law Against TNI Members Who Commit Desertion Crimes

2021 ◽  
Vol 5 (2) ◽  
pp. 115-129
Author(s):  
Aswin Nugraha Sailellah
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Secondary Data ◽  
Primary Data ◽  
Legal Structure ◽  
Positive Law ◽  
Processing Data ◽  
Military Law ◽  
The Right ◽  
The Military

This study aims to: 1) To analyze the application of military criminal law against members of the TNI perpetrators of desertion crimes; 2) To analyze the constraints in the enforcement of miiliter criminal law against members of the TNI perpetrators of desertion crimes. This study uses normative-empirical legal research, while the data analysis used is qualitative approach to primary data and secondary data. where in analyzing / processing data first held organizing of primary data obtained through related legislation and literature. Then the collected data is then discussed, compiled, elaborated, and interpreted, and reviewed the problem so that a conclusion is obtained as a problem solving effort. The results showed that the application of military criminal law against members of the TNI who were proven to commit desertion crimes is the authority of the military judiciary to prosecute him, then the stages in the form of investigations conducted by the Military Police on the orders of the Superior Who Has the Right to Punish (Ankum). furthermore, the investigation file is given to the Military Oditur to be studied, then the military oditur makes an indictment to be delegated to the Military Judiciary, after the judiciary feels sufficient with the files of the Military Oditur, then the military judiciary will prosecute members of the military who are accused of desertion. Furthermore, constraints in law enforcement related to desertion crimes are reviewed from 4 interrelated aspects, namely with regard to legal subtansi, the legal structure itself, facilities or infrastructure, and the community. The settlement of cases in the military judiciary at this time has been well arranged, but it is expected that all who play a role in the process of resolving military cases do all these stages based on Justice and Positive Law. The application of existing regulations must be done consistently and always conducted a review of desertion cases so that from these obstacles can be found solutions and solutions to reduce the quantity of desertion crimes.

scholarly journals Kebijakan Kepolisian Sektor Pemayung dalam Penyelesaian Tindak Pidana Penganiayaan Secara Restoratife Justice

Wajah Hukum ◽  
2021 ◽  
Vol 5 (2) ◽  
pp. 592
Author(s):  
Ahmad Zulfikar
Keyword(s):  
Law Enforcement ◽  
Restorative Justice ◽  
Justice System ◽  
Secondary Data ◽  
Primary Data ◽  
Police Chief ◽  
Criminal Cases ◽  
Police Report ◽  
The Republic ◽  
National Police

Efforts to overcome crime through peace based on Restorative Justice, namely justice for all parties are greatly missed by everyone. In carrying out law enforcement duties, the State Police Investigator of the Republic of Indonesia has the duties, functions, and authorities in the field of investigating criminal acts in accordance with the applicable laws and regulations. Based on the Regulation of the National Police Chief Number .6 of 2019 concerning Criminal Investigation, it has a role to carry out prevention efforts without having to use the Criminal Justice System (SPP), namely by resolving cases through the peace process. This process is due to the desire of the community who wants the case to be completed immediately and no longer be complicated. The resolution can be supported by the police's discretionary authority so that the type of research is descriptive empirical juridical, using primary data by means of interviews and secondary data by means of documentation studies. Then all data were processed using qualitative data analysis. Based on the research results, the Pemayung Police Sector policy is to settle criminal cases peacefully (penal police), or through the settlement of criminal cases involving the perpetrator, victim and/or their family and related parties, with the aim of achieving justice for all parties/restorative justice can be carried out, if it does not cause public unrest or there is no community rejection, it will not have an impact on social conflict and the case is still in the process of investigation and investigation. So that it can be directed to a settlement by conducting mediation to the parties, both the victim and the suspect. From the results of the mediation, it was agreed by the parties, both from the reporting party and the reported party as a suspect, admitting all his actions. And from the results of the mediation there was an agreement with the parties (victim and suspect) and a letter of peace was made and the revocation of the Police Report by the victim but after that, the victim came and asked again for the case to be continued, the investigator explained that the agreement had become an agreement of both parties and was binding and the investigation has been discontinued.

scholarly journals Safety And Health Implementation Study Work (K3) In Coal Mining Companies (Case Study: PT. XYZ)

2019 ◽  
Vol 3 (3) ◽  
pp. 75-79
Author(s):  
Arafik Arafik ◽  
Restu Juniah ◽  
Mohammad Zulkarnain
Keyword(s):  
Coal Mining ◽  
Quantitative Research ◽  
Occupational Safety ◽  
Secondary Data ◽  
Analysis Data ◽  
Occupational Safety And Health ◽  
Primary Data ◽  
Research Approach ◽  
Mining Company ◽  
Safety And Health

This study aims to analyze the implementation of occupational safety and health (K3) in the coal mining company PT XYZ, Analyze and identify the factors that influence the implementation of occupational safety and health (K3) in the mining company PT XYZ. This research is a descriptive qualitative and quantitative research approach. Primary data obtained from respondents are used as a means to obtain information or data carried out by field surveys through direct observation and interviews with respondents in the company and secondary data obtained from PT XYZ collected and compiled according to the problem of this study which was conducted in literature studies. Data were analyzed through text analysis, data interpretation. Data were analyzed using the SPSS (factor analysis) program to analyze the factors that influence the implementation of occupational safety and health in the coal mining company PT XYZ.

scholarly journals Kebijakan Kriminal dalam Menanggulangi Kejahatan Kesusilaan Melalui Internet

2020 ◽  
Vol 8 (2) ◽  
pp. 167-181
Author(s):  
Mus Muliadin ◽  
Fajar Dian Aryani
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Secondary Data ◽  
Criminal Activity ◽  
Research Approach ◽  
Positive Law ◽  
Technological Advances ◽  
The Future ◽  
Dark Shadow ◽  
New Form

The development of cybercrime as a new form of crime in the cybersex world has been galvanized globally as a dark shadow of technological advances in the field of communication and information. because it allows for new forms of exploitation, new opportunities for criminal activity, and even new forms of crime. One of the cybercrime problems that is also very troubling and gets the attention of various circles, is the cybercrime problem in the field of decency. The research approach uses a normative juridical approach, the data consists of secondary data obtained through literature studies, and the data is analyzed analytically. Cybersex is a new form of adultery so clear legal arrangements are needed to be able to anticipate it. In addition to these penal efforts, non-penal (integral/systemic) should be put forward to overcome cybersex. Cybersex can be done by law enforcement with the positive laws that exist at this time by carrying out legal construction. Besides, the regulation by Positive Law of Indonesia is still spread in various laws and regulations and there are still some shortcomings so that in the future anticipatory policies of criminal law must be dating.

scholarly journals Revenge porn sebagai Kejahatan Kesusilaan Khusus: perspektif Sobural

2017 ◽  
Vol 3 (2) ◽  
pp. 299-326 ◽  
Author(s):  
Hwian Christianto
Keyword(s):  
Law Enforcement ◽  
Cultural Values ◽  
Criminal Law ◽  
Secondary Data ◽  
Close Correlation ◽  
Primary Data ◽  
Structural Factors ◽  
Moral Norms ◽  
Substantive Justice ◽  
Revenge Porn

Revenge porn is a new growing modus operandi of crime in society. Law enforcement still considers porn revenge as a pornographic crime in general as it is an activity of disseminating information that violates decency. Approach used by law enforcement in assessing revenge porn is still limited to  formal juridical approach without considering the characteristics of porn revenge that substantive justice is not fulfilled. As part of a full understanding of porn revenge, a Criminological understanding of the Sobural approach is made. Two issues to be studied are (1) what is the significance of using the Sobural approach? And  (2) Is revenge porn a decency crime based on the Sobural approach? Empirical  juridical research method is used in this study by basing on a primer in the form of legislation supported by criminal law theory related to revenge porn. Exposure from primary data is associated with secondary data in the form of Judge Judgment to see understanding of defeating of revenge porn by a judge.  The results of the study show that criminological understanding of porn revenge provides a very significant different approach in criminal law. Revenge porn is judged by the context of the community in which the perpetrators and acts of revenge porn are performed. Sobural (Social, Cultural and Structural) approach affirms contextual assessment of porn revenge based on social values, cultural values and structural factors of society. The approach of these three elements has a close correlation with the moral norms as the measure of defamation of crime of pornography as a decency crime. The integration of the Sobural approach to the understanding of moral norms in assessing porn revenge will provide an opportunity for the enforcement of living laws in society.

scholarly journals Responsibilities Of The Corporate Director Against The Dark Criminal Action In The Position Based On The Decision Of The Court Sumber Of Cirebon Regency (Studies on Decision No.202 / Pid.B / 2019 / PN.Sbr)

2020 ◽  
Vol 3 (1) ◽  
pp. 41
Author(s):  
Junaidi Junaidi ◽  
Sri Endah Wahyuningsih ◽  
Ira Alia Maerani
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Corporate Crime ◽  
Descriptive Analysis ◽  
Secondary Data ◽  
Criminal Code ◽  
Company Law ◽  
Primary Data ◽  
Criminal Offense ◽  
Sociological Approach

The problems of this study were 1) corporate position as the subject of criminal law in Indonesia? 2) law enforcement against corporations as subjects of a criminal offense of embezzlement in office at the Court Sumber of Cirebon Regency? 3) accountability of corporate directors to the crime of embezzlement in office by Court Sumber of Cirebon Regency.The method used by researchers is sociological approach juridical law and specification in this study were included descriptive analysis. The source and types of data in this study are primary data obtained from interviews with field studies The defendant and the Legal Counsel in prisons Cirebon, And secondary data obtained from the study of literature. Data were analyzed qualitatively.Based on the results of this study are The position of the corporation as a subject of criminal law in particular is currently only recognized in the Act governing the criminal offense outside the Criminal Code. Law enforcement has inkracht / final until a court decision with the principle of lex generalis / delict general, instead of using the principle of lex sepesialis for in the Penal Code there is no article regulating the criminal offense of corporate (Company Law) Law Company Limited of the Republic of Indonesia No. 40 of 2007 . Accountability director of the corporation against the crime of embezzlement in a position based on the decision of the Court Sumber of Cirebon Regency is from the start (LP) Police Report Number: LP B / 446 / X / 2017 / Jabar / RES CRB dated October 8, 2018 and has been decided by the Court in decision Number 202 / Pid.B / 2019 / PN Sbr.Keywords : Responsibility; Corporate; Crime; Fraud; Position.

scholarly journals Implementasi Sistem Peradilan Pidana Dalam Perspektif Integrasi

2018 ◽  
Vol 1 (1) ◽  
Author(s):  
Achmad Budi Waskito
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Justice System ◽  
Criminal Law ◽  
Justice System ◽  
Secondary Data ◽  
Functional Differentiation ◽  
Enforcement Policy ◽  
Research Show ◽  
Function Difference

AbstractCriminal justice system as a tool of law enforcemen didn�t work optimally, in fact criminal justice system in Indonesia be acquainted whith principle of function difference impact on law enforcemennt performance so it will be difficult to achieve its function, as a crime prevention effort. This research purpose to set system concept and ideal approaches the organization of a unified criminal justice system so as to achieve an optimal performance of the criminal justice system (CJS) in criminal law enforcement, by approachng the system and re-structural, substantial and cultural reorientation of the criminal justice system.the main object of research is againt criminal law enforcement policy, the approach used is a normative juridical and sosiological approach complemented by a historical aproach/contextual and global/comparative, by prioritizing secondary data whit qualitative analysis. The result of the research show the sub system in the criminal justice system (such as investigation, prosecution, adjudicate and execution) funcionally and institutionally has not yet shown the existence of an integrated criminal justice system when viewed partially, the components of the support component seem to separate from one another, and tend to be centric institutions. Understanding of the integrated criminal justice system is inseparable from an understanding that includes substantial meaning, but also a philosophical aspect about the meaning justice and be nefit integrated. Therefore the legal culture is an integral part. ����Keyword: implementation of the criminal justice system, functional differentiation, integrated approach.Abstrak Sistem peradilan pidana sebagai sistem penegakan hukum dengan menggunakan hukum pidana, tidak berjalan secara optimal bahkan sistem peradilan pidana di indonesia dikenal asas �differensiasi fiungsional� berdampak pada kinerja penegakkan hukum sehingga akan sulit untuk mencapai fungsinya, sebagai upaya penanggulangan kejahatan. Penelitian ini bertujuan untuk menemukan konsep sistem dan pendekatan yang ideal penyelenggaraan sistem peradilan pidana yang integral sehingga terwujud suatu kinerja Sistem peradilan pidana (SPP) yang optimal dalam penegakan hukum pidana, dengan melakukan pendekatan sistem dan reorientasi struktural, substansial dan kultural terhadap sistem peradilan pidana. Objek utama penelitian ialah terhadap kebijakan penegakan hukum pidana, pendekatan yang digunakan adalah pendekatan analisis yuridis normatif dan sosiologis dilengkapi dengan pendekatan historis/kontekstual dan global/komparatif, dengan mengutamakan data sekunder dengan analisis kualitatif. Hasil penelitian menunjukkan sub-sistem dalam sistem peradilan pidana (sub-sistem penyidikan, penuntutan, mengadili dan pelakasana pidana) secara fungsional dan kelembagaan belum menujukkan adanya perihal sistem peradilan pidana terpadu (SPPT) apabila dilihat secara parsial, komponen-komponen pendukung terkesan terpisah antara satu dengan yang lainnya, serta cenderung bersifat �instansi sentris�. Pemahaman mengenai sistem perdilan pidana terpadu tidak terlepas dari pemahaman yang mencakup makna substansial, tapi juga menyentuh aspek filosofis mengenai makna keadilan dan kemanfaatan secara terintegrasi. Oleh karena itu budaya hukum merupakan bagian yang tidak terpisahkan.Kata kunci: Pelaksanaan Sistem Peradilan Pidana, differensiasi fungsional, Pendekatan terpadu

scholarly journals PENGAMBILALIHAN KREDIT OLEH KARYAWAN ALIH DAYA (OUTSOURCING) PT BANK MANDIRI YANG BERAKIBAT PADA TINDAK PIDANA PENIPUAN

2020 ◽  
Vol 1 (2) ◽  
Author(s):  
Lilik Septriyana
Keyword(s):  
Law Enforcement ◽  
Qualitative Data ◽  
Secondary Data ◽  
Primary Data ◽  
Public Prosecutor ◽  
Research Approach ◽  
Economic Factors ◽  
The Public ◽  
Bank Employees ◽  
Witness Statements

The number of frauds has evolved with various forms, such fraud committed by bank employees. This study will focus on three legal issues, namely what is the mechanism for offering credit takeovers to customers at Bank Mandiri which in fact can be carried out by outsourcing personnel? What is the ratio legis for the Decision of PN Tanjungkarang Number 664/Pid.B/2017/PN.Tjk actions of outsourcing employees at PT Bank Mandiri? And how to build a security management system for Bank Mandiri against fraudulent attempts by outsourced employees? The research approach in this study is normative juridical approach and an empirical approach by using secondary data and primary data, and qualitative data analysis. The results of the study is the factors of outsourcing employees of PT Bank Mandiri has authorized to offer credit take over to customers, because of social strata factor, economic factors and environmental factors. Judges' consideration of fraud by outsourced employees of PT Bank Mandiri in Decision Number 664/Pid.B/2017/PN.Tjk is based on evidence, witness statements, expert statements, indictments of the Public Prosecutor, elements of the Prosecutor's Indictment, as well as incriminating and mitigating matters. Ideal law enforcement against fraud by outsourced employees PT Bank Mandiri has the aim to punish outsourced employees so that they become a deterrent and not to repeat their actions later on and tend to improve the lives of many people.

scholarly journals FAKTOR-FAKTOR PENYEBAB TERJADINYA KEPEMILIKAN TANAH ABSENTEE DI KECAMATAN TONDANO SELATAN KABUPATEN MINAHASA

2020 ◽  
Vol 16 (3) ◽  
pp. 431
Author(s):  
Jeine Leyliana Robot ◽  
Caroline Betsi Diana Pakasi ◽  
Noortje Marselianie Benu
Keyword(s):  
Decision Making ◽  
Law Enforcement ◽  
Agricultural Land ◽  
Economic Value ◽  
Secondary Data ◽  
Land Ownership ◽  
Primary Data ◽  
Depth Interview ◽  
Depth Interviews ◽  
Research Period

The research aims to analyze the factors causing the absentee / guntai ownership of agricultural land and to analyze the decision making by the Land Office of Minahasa District in terms of absentee / guntai ownership of agricultural land in Tondano District, Minahasa Regency. The research location is located in Tondano Selatan Sub-district, Minahasa Regency, and Land Office of Minahasa Regency. The research period lasted for five months, namely, January to June 2020. The data used consisted of primary data and secondary data. Primary data obtained through in-depth interviews (In-depth Interview). Secondary data were obtained from available data from other sources such as documents related to the discussion, literature, and documentation that were in accordance with the research objectives. The samples in this study were chosen deliberately. The sample of this research includes 2 kinds of samples, namely, the key sample and the main sample. This study used a qualitative data analysis method. The results showed that the determinant factors causing absentee land ownership are: knowledge factors, awareness factors, cultural factors, law enforcement factors, and economic value factors. Meanwhile, decision-making in enforcing the rules regarding the absentee prohibition of land ownership in Tondano Selatan District, Minahasa Regency has not been implemented optimally.*eprm*

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