ANALISIS HUKUM PIDANA DENDA PELANGGARAN LALU LINTAS DI KOTA BENGKULU (DITINJAU DARI UNDANG-UNDANG NOMOR 22 TAHUN 2009 TENTANG LALU LINTAS DAN ANGKUTAN JALAN)

2019 ◽  
Vol 2 (1) ◽  
pp. 24-33
Author(s):  
Apen Diansyah
Keyword(s):  
Death Penalty ◽  
Criminal Law ◽  
Secondary Data ◽  
Criminal Code ◽  
Primary Data ◽  
Economic Factors ◽  
Inhibiting Factors ◽  
Library Research ◽  
The Law ◽  
The City

ABSTRAKPenelitian ini ditujukan untuk mengetahui penerapan denda terhadap pelanggar berlalu lintas di kota Bengkulu ditinjau dari Undang-undang Nomor 22 Tahun 2009, serta untuk mengetahui faktor penghambat dalam penerapan pidana denda terhadap pelanggar barlalu lintas di Kota Bengkulu. Penelitian dilaksanakan disatuan lalu lintas Polres dan Polda Kota Bengkulu. Adapun data yang didapatkan adalah data primer dan data sekunder melalui penelitian lapangan dan penelitian kepustakaan, kemudian data dianalisis dengan cara deskriptif. Peraturan yang tertera pada undang-undang yang tertera sepenuhnya untuk meningkatkan kesadaran untuk setiap pelanggar yang melakukan pelanggaran, tetapi pada kota Bengkulu undang-undang tersebut tidak sepenuhnya berjalan efektif. Menurut pandangan Undang-undang 22 Tahun 2009, penerapan pidana denda masuk dalam kategori pidana pokok (sesuai Pasal 10 KUHP) sebagai urutan terakhir atau keempat, sesudah pidana mati, pidana penjara dan pidana kurungan. Selain dari itu, faktor penghambat keefektifan Undang-undang seperti faktor ekonomi, faktor kedekatan emosional dan faktor kekebalan institusional.Kata kunci: tindak pidana; hukum pidana; dendaABSTRACTThis study aims to determine the application of violators from cities in Bengkulu in terms of Law Number 22 of 2009, and to find out the inhibiting factors in the application of fines to traffic violators in the city of Bengkulu. The research was carried out in the traffic city of the City Police of the City of Bengkulu. The data obtained are primary data and secondary data used for library research and research, then the data are analyzed descriptively. The regulations stated in the law that are fully stated to increase awareness for every offender who commits an offense, but in the city of Bengkulu the law is not fully effective. According to the view of Law 22 of 2009, the application of criminal fines falls into the main criminal category (according to Article 10 of the Criminal Code) as the last or fourth order, after the death penalty, imprisonment and imprisonment. Apart from that, factors inhibiting the effectiveness of the law such as economic factors, emotional proximity factors and institutional immune factors.Keywords: crime; criminal law; fines

scholarly journals Paradara: Offence in Decency in The Perspective of Hindu Law Occuring in Denpasar City

2020 ◽  
Vol 9 (2) ◽  
pp. 281
Author(s):  
I Nyoman Alit Putrawan
Keyword(s):  
Secondary Data ◽  
Criminal Code ◽  
Family Factors ◽  
Primary Data ◽  
Economic Factors ◽  
Legal Research ◽  
Causal Factors ◽  
Library Research ◽  
Use Of Social Media ◽  
The City

The purpose of this study to discuss the paradara phenomena that occur in Denpasar and its causal factors as well as sanctions. This research is an empirical legal research conducted in the city of Denpasar. Primary data obtained through observation and interview techniques. The secondary data obtained through library research. The forms of paradara cases that occur in the city of Denpasar, among others: rape, sexual abuse of children, and adultery. The factors causing the paradara are unwise use of social media, economic factors, family factors and social environment. Sanctions that can be imposed on perpetrators of paradara are criminal as stipulated in Article 284 of the Criminal Code and imposition of customary sanctions. In Hindu law, the prohibition of paradara is regulated in several sacred libraries, including: Manawadharmasastra, such as Manawa Dharmasastra, Sulwasutra, Jyotisastra, and Purana. According to Hindu law, women must be respected and get the highest place.

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 DAMPAK PENGAMBILALIHAN BERITA KOTA OLEH MANAJEMEN WARTA KOTA TERHADAP PERSAINGAN BISNIS MEDIA CETAK DI JAKARTA

2018 ◽  
Vol 9 (1) ◽  
pp. 69-89
Author(s):  
Eman Sulaeman Nasim
Keyword(s):  
Mass Media ◽  
Field Research ◽  
Secondary Data ◽  
Capital City ◽  
Primary Data ◽  
Local Newspapers ◽  
Library Research ◽  
Surrounding Areas ◽  
Agent Of Change ◽  
The City

Mass media currently plays an important role in the homeland. In addition to functioning as an agent of change and forming public opinion as well as economic and business facilities are profitable. One of the lucrative press companies to become the leading business conglomerate in Indonesia is Kompas Gramedia Group. In addition to managing the national mass media, Kompas Gramedia also manages local newspapers. Warta Kota is one of the local newspaper owned by Kompas Gramedia. In order to dominate the reader market in the capital city as well as to reach the larger advertising cake, the management of Warta Kota took over Kota Newspaper previously managed by PT Pena Mas Pewarta, and became its main competitor. The takeover of the City News newspaper is only done by purchasing the City News Newspaper. While PT Pena Mas Pewarta is not purchased. This research, want to see if what is done by Warta Karta Kota newspaper organizer is contradictory with Law No.5 of 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition, and can turn off the competitive climate and healthy competition in print mass media business in Jakarta and surrounding areas. The research was conducted using empirical law research method. Research that prioritizes field research to obtain primary data as the main data. In order to support and complement the main data, conducted by library research to obtain secondary data. Revealed the legal action conducted by the newspaper Warta Kota, in addition to avoiding the takeover of corporate responsibility of the City News Newspaper previously, as well as efforts of Kompas Gramedia to avoid acts contrary to the Law N0 5 of 1999 Article 28 (2). In addition, the Newspaper News Manager has violated Law no. 5 of 1999 Chapter IV Article 25 (1) and has violated Law no. 5 of 1999 Chapter IV Article 17 (2). What the Koran Warta Kota has done has also harmed the readers of the Kota Berita Newspaper in DKI Jakarta and its surroundings.

scholarly journals Juridical Analysis Of Application Of Forgiveness (Rechterlijk Pardon) As A Basis Of Judge Consideration In Deciding The Criminal

2020 ◽  
Vol 3 (2) ◽  
pp. 307
Author(s):  
Sisno Pujinoto ◽  
Anis Mashdurohatun ◽  
Achmad Sulchan
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Criminal Law ◽  
Justice System ◽  
Legal Theory ◽  
Field Research ◽  
Secondary Data ◽  
Criminal Code ◽  
Primary Data ◽  
Development Concept

The formulation of the problem in this study are: How is the principle position Rechterlijk Pardon in the criminal system in Indonesia, how the principles are applied Rechterlijk Pardon in a criminal ruling Decision Number 241 / Pid.B / 2019 / PN.Mjl andHow the development / concept of the Rechterlijk Pardon principle in the renewal of the Indonesian criminal law that will come related to the draft criminal law on the monodualistic principle?This study uses a sociological juridical approach, with descriptive analytical research specifications. The data used in this study are secondary data obtained through library research and primary data obtained through field research which are then analyzed qualitatively using legal theory, the forgiveness agency theory, criminal justice system theory, and progressive legal theory. Based on the results of that study The position of the Rechterlijk Pardon Principle in the Criminal System in Indonesia is forgiveness is a form of forgiveness / deliverance from mistakes made. As a form of forgiveness, then with forgiveness, someone who is guilty is not sentenced or does not need to feel the punishment. Provisions such as this basically exist in conditional criminal conduct (voorwaardelijke veroordeling) regulated in Article 14a-14f of the Criminal Code. Conditional penalties are also referred to by part of the community with the term criminal trial or there is also termed as conditional punishment. Application of the Rechterlijk Pardon Principle in Criminal Verdicts Number 241 / Pid.B / 2019 / PN.Mjl it is applied later to act as the final safety valve in the criminal justice system if a case is not filtered at the prosecution and preliminary hearing judge stage. Development / Concept of the Rechterlijk Pardon Principle in the Future Renewal of Indonesian Criminal Laws Associated with the Draft Criminal Laws on the Monodualistic Principle are Forgiveness institution, is an important element to answer problems that cannot be accommodated with only 3 (three) types of decisions (free, loose, criminal funds).Keywords : Institutions; Forgiveness; Rechterlijk Pardon; Considerations; Judges; Decisions.

scholarly journals MEDIASI PENAL SEBAGAI UPAYA DALAM RANGKA PEMBAHARUAN HUKUM PIDANA DI INDONESIA BERBASIS NILAI-NILAI KESEIMBANGAN

2016 ◽  
Vol 3 (1) ◽  
pp. 138
Author(s):  
Taufiqurrohman Abildanwa
Keyword(s):  
Criminal Law ◽  
Qualitative Data ◽  
Secondary Data ◽  
The Other ◽  
Law Reform ◽  
Primary Data ◽  
Traditional Values ◽  
Library Research ◽  
Traditional Societies ◽  
Court Process

The purpose which would be expected in ”Penal Mediation” in positive criminal law which is to root the values   promoted by restorative justice is rooted in traditional values   in traditional societies such as the value of balance, harmony and peace in society. This study used library research (library research) with normative approach to determine the policy of the criminal law in the prevention of criminal acts through efforts to settle outside the court process in order to reform the criminal law in Indonesia. Analysis of the data used in this study is qualitative data analysis of the primary data and secondary data. Results of this study were (1) the criminal law policy in combating criminal acts through efforts to resolve extrajudicial positive today only a small part, while others are still oriented to the formal completion. (2) Policy criminal law in combating criminal acts through the efforts of  a settlement Penal Mediation in the framework of criminal law reform in Indonesia should be arranged in an integrated manner, and the required type of criminal that could compromise or take advantage of the positive aspects (the reverse also means, avoid negative terms) on the other side of the prison and criminal surveillance sector on the other side.

scholarly journals Legal Comparison against the Death Penalty Sanctions regulated in the Positive Laws of Indonesia and China

Corruptio ◽  
2021 ◽  
Vol 2 (2) ◽  
pp. 113-126
Author(s):  
Kesuma Irdini
Keyword(s):  
Death Penalty ◽  
Capital Punishment ◽  
Secondary Data ◽  
Criminal Code ◽  
Primary Data ◽  
Strong Law ◽  
Severe Problem ◽  
Positive Law ◽  
Significant Difference

Corruption is a severe problem worldwide, so it takes a strict rule of law and strong law enforcement efforts to eradicate it. China's legal system has proven to be effective in reducing corruption among state officials. One of China's anti-corruption efforts is to impose harsh penalties on perpetrators, including the death penalty. In light of this success, this study will conduct a legal comparison with the death penalty, which is regulated in Indonesian and Chinese positive law. The type of research used is normative juridical with a conceptual and statute approach. The data processed in this study include primary data and secondary data with data collection techniques and management using a literature review. The findings of this study highlight the threat of the Death Penalty, as outlined in Article 2 Paragraph (2) of the Corruption Crime Act, which focuses on corrupt acts committed under certain conditions. In Indonesia, no one has ever been sentenced to death for corruption. The People's Republic of China's Criminal Law of the death penalty threat has existed since 1900 AD. Article 383 of the Chinese Criminal Code stipulates that anyone who accepts bribes is subject to the death penalty. A significant difference from this Comparison lies in the classification of capital punishment with a corruption amount of more than 50,000 Yuan and for bribery cases in Chinese regulations. Meanwhile, there is no such regulation in Article 2 paragraph (2) of the Indonesian Corruption Laws.

scholarly journals Understanding the Rights of Wife in The Law Number 1 of 1974 About Marriage Among the Terrorist Wives in Central Java

2020 ◽  
Vol 8 (1) ◽  
Author(s):  
Rosdiana Rosdiana ◽  
Hotnidah Nasution
Keyword(s):  
Islamic Law ◽  
Secondary Data ◽  
Primary Data ◽  
Marriage Law ◽  
Positive Law ◽  
Central Java ◽  
Religious Doctrine ◽  
Library Research ◽  
The Status ◽  
The Law

AbstractThe terrorist or ex-terrorist wives in Solo have experienced diverse conditions after their husband officially becomes a terrorist prisoner who has been lived in jail. The Rights of Wife in Law No. 1 of 1974 about Marriage among terrorist wives in Solo have sharpened the analysis on how their level of perception of the wife’s rights that regulated by Law No. 10 of 1974. This study aims to reveal the reality of cases that took place with terrorist wives related to the fulfillment of their rights as a wife regulated by law, and to categorize their marital status related to the validity in a positive law (whether the marriage is registered or not in The Office of Religious Affairs (KUA)). Besides, this paper also wants to explore the terrorist wives' understanding who are legally married in KUA regarding their rights which are highly protected by the law. This research uses a qualitative method which aimed to find concepts and theories, and library research by applying the empirical or sociological legal approach. Data sources used are Primary Data, namely the terrorist prisoner’s wives in Solo, and secondary data from the Marriage Law (Law No. 1 of 1974), Compilation of Islamic Law (KHI), books, journals, articles, views of legal experts, and the results of other paper and writings related to the problems that become the subject in this research discussion. The descriptive data analysis method aims to figure out systematically, factually and accurately the facts about the understanding of terrorist wives related to their rights in the Marriage Law (Law No. 1 of 1974). After analyzing and interpreting the existing data, it can be concluded that the terrorist prisoner wives in Central Java have a fairly good understanding of their rights as wives regulated in Law No. 1 of 1974. If only there are rights that undermanned by them for the unfulfilled obligations by the husband, then it is caused by their sincerity attitude towards the husband status who becomes a prisoner. The religious doctrine that is strong enough makes the prisoner’s wife do not ask many of her rights, both physical and mental rights that are not well fulfilled. For them, the status of a husband to become a terrorist prisoner is a Shari reason which consequences must be accepted sincerely.Keywords: Understanding, wife's rights, Terrorist Prisoner’s Wives

scholarly journals PERLINDUNGAN HUKUM BAGI PIHAK-PIHAK YANG BERITIKAD BAIK DALAM PEMBATALAN PERJANJIAN JUAL BELI TANAH DAN BANGUNAN (Studi Kasus Nomor 29/Pdt. G/2014/PN. Wsb)

Jurnal Akta ◽  
2017 ◽  
Vol 4 (2) ◽  
pp. 167
Author(s):  
KERI SANTOSA ◽  
Lathifah Hanim
Keyword(s):  
Legal Protection ◽  
Secondary Data ◽  
Good Faith ◽  
Primary Data ◽  
Public Prosecutor ◽  
The Public ◽  
Is Research ◽  
Library Research ◽  
Empirical Law ◽  
The Law

The purpose and this study is to know the Legal Protection for Good-Strong Parties in Cancellation of Sale and Purchase Agreement of Land and Banguan (Study of PN Decision No. 29 / Pdt.6 / 2014 / PN.wsb). This research is empirical law research, that is research based on implementation in effort to get primary data preceded by library research to obtain secondary data. The research was conducted at Notary Office / PPAT, and all data obtained were analyzed quantitatively. Based on the analysis, the authors conclude several things Legal protection against the good-willed (buyer) in the sale and purchase agreement of land and building if the seller cancel the agreement, then for the signature of partial signing by the parties is a must.Judge's Consideration on Legal Protection for Good-Predicted Parties In Cancellation JuaL Purchases Land and Buildings where the Public Prosecutor should be thorough and careful in preparing the indictment, since the indictment is the basis for the judge to impose or not to bring down the defendant faced beforehand the court, in addition, must also have knowledge or knowledge of the law well, not only the law in formal, but also the law materially so as not wrong in determining where the deeds in accordance with the elements that are indicted. As for constraints and solutions Legal Protection Both parties who are intent on canceling Land and Building Sell To know whether the buyer has good intentions or not, then there must be a way of measuring it, that is by finding out the activeness of the buyer, where the buyer is obliged to examine the material facts and the juridical facts of the object of the transaction. If the buyer has been actively researching related to the material facts of the object of the transaction, then he can be considered as a good-faith buyer who gets legal protection, To know whether the buyer is well or not, then there must be a way of measuring it, that is by finding out the liveliness of the buyer where the buyer is obliged to examine the material facts and juridical facts of the object of the transaction. If the buyer has actively examined the material facts related to the object of the transaction, then he may be considered a good-faith buyer who has legal protection Keywords: Legal Protection, Cancellation of Sale and Purchase of Land and Building

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 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.

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