scholarly journals PENGGUNAAN DAN BATAS DISKRESI DALAM PENGELOLAAN KEUANGAN DAERAH DI INDONESIA

2019 ◽  
Vol 1 (2) ◽  
pp. 176-187
Author(s):  
Tri Suhendra Arbani
Keyword(s):  
Secondary Data ◽  
Comparative Approach ◽  
Regional Government ◽  
Government Officials ◽  
Legal Research ◽  
Conceptual Approach ◽  
Legal Rules ◽  
The Public ◽  
Regional Finance ◽  
Analysis Technique

Regional finance is the most important thing and becomes the pulse in carrying out all regional government affairs. Regulation in the financial sector is important because many regional heads carry out transportation for corruption because they are wrong in managing and making policies that have no legal basis. In this paper, we try to examine problems such as the changing room for discretion and the discretionary limitation in managing regional finances. This type of research used in this paper is normative legal research, that is research conducted or based on written regulations and other legal materials related to secondary data. In this legal research is used to discuss: statute approach, comparative approach, and conceptual approach. The data analysis technique in writing uses data management in essence the activities to make a system of written legal materials. The results of this paper describe how you should use discretion. This concept of discretion comes in the middle of a weak system of registration of invitations and legal vacuum. In essence, government officials take discretionary measures if they ask for various terms and discussion spaces from the discretion itself that has been regulated in government administration laws. These restrictions on the use of discretion indicate that not everything can be taken as a discretionary measure. Using ermessen freis or discretion basically covers the use of ermessen freis cannot replace with the prevailing legal system (positive legal rules) and the use of ermessen freis is only in the public interest.

scholarly journals PENGATURAN BATAS WAKTU PENDAFTARAN JAMINAN FIDUSIA PADA UNDANG-UNDANG NOMOR 42 TAHUN 1999

2014 ◽  
Vol 3 (1) ◽  
Author(s):  
I Gede Prima Praja Sarjana
Keyword(s):  
Secondary Data ◽  
Time Limit ◽  
Conceptual Approach ◽  
The Public ◽  
Analysis Technique ◽  
Limit Time ◽  
The Law

This article have title is “The Arrangement of Time Limit of Registration of Fiducia Guarantee in the law number 42 in 1999 on fiducia guarantee”. The issue in this article on how is Arrangement of Time Limit of Registration of Fiducia Guarantee in the law number 42 in 1999 on fiducia guarantee. This study is normative law research. That is law research that based on secondary data (literature data). The approach have been applied in this study were statue approach that is the law number 42 in 1999 on fiducia guarantee, fact approach, and analytic and conceptual approach. Then analysis technique was by using descriptive, interpretation and argumentation. The result showed, first: the law number 42 in 1999 on fiducia guarantee start from article 11 until 18. it is not clearly describe on time limit of registration of fiducia guarantee, so that it can arise uncertainty of law. Recommendation can be submitted that in order to demand of law certainty, orderliness, and useful in order to protect the public as user of fiducia guarantee institution, hence limit time of registration of fiducia guarantee need to be arranged strickly in the Law number 42 in 1999 on fiducia guarantee

scholarly journals IMPLIKASI HUKUM PENGUJIAN PERATURAN DAERAH PASCA AMANDEMEN UNDANG-UNDANG DASAR 1945

2019 ◽  
Vol 19 (1) ◽  
pp. 60
Author(s):  
King Faisal Sulaiman
Keyword(s):  
Secondary Data ◽  
Problem Formulation ◽  
Testing System ◽  
Constitutional Court ◽  
Regional Government ◽  
Legal Research ◽  
Conceptual Approach ◽  
Legal Discourses ◽  
Position Regulation ◽  
The Right

<p><em>This study aims to explain in detail why the dualism of local regulations testing after the amendment of the 1945 Constitution Research is also directed to provide a testing system solutions in the future regulation. Legal discourses are still academic debate is when the right of judicial review by the Supreme Court Regulation hostage by Law No. 23 of 2014 on Regional Government. Supremacy of the constitution as part of the main characteristics of the legal state impressed distorted due to the duality of the regulation testing including how the implications of the Constitutional Court Number 137 PUU-XIII / 2015 Jo Court Number 56 / PUU-XIV / 2016 on June 14, 2017 last. Position regulation as executive versus legislative product as much a part of this study in order to find the ideal solution testing legislation in the future.The research method used was a normative legal research (legal research) which is based on the study of literature or secondary data divided form the primary legal materials, secondary law material and tertiary legal materials. Models used approach is the approach of law (statute aproach) and conceptual approach (conceptual aproach). A number of secondary data collected will be analyzed by descriptive qualitative where the process used deductive thinking. To get accuracy of understanding (subtilitas itellegendi) and accuracy translating (subtilitas explicandi) to solve the problem formulation.</em><strong></strong></p>

scholarly journals Modus Operandi Tindak Pidana Phising Menurut UU ITE

2021 ◽  
Vol 4 (6) ◽  
pp. 2525
Author(s):  
Vikran Fasyadhiyaksa Putra Y
Keyword(s):  
Secondary Data ◽  
Point Of View ◽  
Legal Issues ◽  
Legal Research ◽  
Conceptual Approach ◽  
Modus Operandi ◽  
Legal Principles ◽  
Legal Rules ◽  
The Law

AbstractPhishing is an act to commit fraud by tricking the target with the intention of stealing the target's account, by spreading broadcasts which are often carried out through fake emails with fake information that directs the target to a fake page to trap the target so that the perpetrator gets access to the victim's account. Phishing still has some obscurity, especially in the modus operandi of the perpetrator. Therefore, this research aims to analyze and explain the modus operandi of the criminal act of phishing according to the ITE Law. This research is a normative legal research. Because the writing of this research in seeking the truth in order to answer legal issues raised by the author uses secondary data to find legal rules, legal principles, and legal doctrines, and tends to image law as a perspective discipline, which means that only see the law from the point of view of the norms only, which of course is prescriptive. This approach uses a statute approach, a conceptual approach and a case approach.Keywords: Phishing Crime; Cyber; Operandi Mode.AbstrakPhising adalah suatu perbuatan untuk melakukan penipuan dengan mengelabui target dengan maksud untuk mencuri akun target, dengan cara menyebarkan broadcast yang seringkali dilakukan melalui email palsu dengan muatan informasi palsu yang mengarahkan target ke halaman palsu untuk menjebak target sehingga pelaku mendapatkan akses terhadap akun korban, Secara ringkas Perbuatan phising masih memiliki beberapa kekaburan terutama pada modus operandi pelaku. Oleh karena itulah penelitian ini bertujuan untuk menganalisis dan menjelaskan terkait modus operandi Tindak pidana Phising menurut UU ITE. Penelitian ini merupakan penelitian hukum normatif. Karena penelitian ini dalam mencari kebenaran guna menjawab isu hukum yang diangkat penulis menggunakan data sekunder untuk menemukan suatu aturan-aturan hukum, prinsip-prinsip hukum, maupun doktrin-doktrin hukum, dan cenderung mencitrakan hukum sebagai disiplin prespektif, yang berarti hanya melihat hukum dari sudut pandang norma-normanya saja, yang tentunya bersifat preskriptif. Pendekatan ini menggunakan pendekatan undang-undang (statute approach), pendekatan konseptual (conceptual approach) dan pendekatan kasus (case approach). Kata Kunci: Tindak Pidana Phising; Siber; Modus Operandi.

scholarly journals Pertanggungjawaban Pidana terhadap Penganiayaan yang Dilakukan Anak kepada Orang Tua Ditinjau dalam Perspektif HAM

2021 ◽  
Vol 2 (1) ◽  
pp. 172-176
Author(s):  
I Wayan Ogi Wiryawan ◽  
I Made Minggu Widyantara ◽  
Luh Putu Suryani
Keyword(s):  
Secondary Data ◽  
Deterrent Effect ◽  
Primary Data ◽  
Legal Research ◽  
Conceptual Approach ◽  
Internal Factors ◽  
Legal Rules ◽  
Criminal Sanctions ◽  
Two Factors ◽  
A Minor

At present, abuse of parents by children, often occurs in the community which is commonly referred to as child abuse against parents. Children become cruel due to two factors, namely internal factors and external factors so that they are desperate to commit inhumane behavior towards their own parents. This case is also a violation of human rights that must be enforced. However, a child cannot be convicted of being underage. This study aims to analyze the criminal arrangements for minors who commit crimes against parents and explain the criminal sanctions given to a child who commits a criminal act of molestation. The research method used is normative legal research using a statutory approach as well as a conceptual approach. The data used are primary data, namely legal rules that are sorted systematically consisting of legislation, while secondary data consists of books, texts, principles and writings on laws related to persecution. There is also a form of writing in this research. The results of this study indicate that children can still be subject to criminal sanctions but can also be subject to sanctions in the form of fostering sanctions by related agencies. The child in this case who commits the crime of abuse is a minor, the punishment is different from ordinary punishment where child punishment is aimed at fostering the child and not focusing on the deterrent effect of the criminal.

scholarly journals Paradigma Keadilan Restoratif Dalam Putusan Hakim

2020 ◽  
Vol 42 (2) ◽  
pp. 180
Author(s):  
Diah Ratna Sari Hariyanto ◽  
Dewa Gede Pradnya Yustiawan
Keyword(s):  
Restorative Justice ◽  
Criminal Procedure ◽  
Comparative Approach ◽  
Legal Research ◽  
Conceptual Approach ◽  
Legal Cases ◽  
Legal Decisions ◽  
Historical Approach ◽  
The Public ◽  
Procedure Code

Discriminatory treatments of judges have dominated the reports to the Judicial Commission. Injustice, in fact, is one of the lowest value attitudes of judges according to Judicial Commission assessment results. Indeed, showing justice is not easy for judges but to date in its development appears restorative justice that provides justice for all parties. Its future existence and response are interesting to be criticized. Based on this, the purpose of this study is to examine the paradigm of restorative justice in making legal decisions of judges on legal cases and the construction of the judges’ decisions which are paradigmatic in Restorative Justice. This research uses normative legal research with four types of approaches, which are case approach, legislative approach, conceptual approach, historical approach, and comparative approach. The results of the study show the restorative justice paradigm prioritizing restoration or amelioration will seek to provide justice, certainty and usefulness of the law, as well as realize progressive and responsive laws, and this makes it appropriate to be used as a judge’s paradigm in deciding a case. In constructing restorative justice-based judges’ decisions, judges do only make decisions based on the Criminal Procedure Code (KUHAP), but substantially, through the restorative justice paradigm the judges will consider justice for all parties (victims, perpetrators of crime, and the public). Judges do not make decisions based on retributive or retaliation goals but hold on to the values, concepts, principles, and basics of restorative justice prioritizing restoration or amelioration of the parties, meeting the needs of the parties, and prioritizing expediency.   Discriminatory treatments of judges have dominated the reports to the Judicial Commission. Injustice, in fact, is one of the lowest value attitudes of judges according to Judicial Commission assessment results. Indeed, showing justice is not easy for judges but to date in its development appears restorative justice that provides justice for all parties. Its future existence and response are interesting to be criticized. Based on this, the purpose of this study is to examine the paradigm of restorative justice in making legal decisions of judges on legal cases and the construction of the judges’ decisions which are paradigmatic in Restorative Justice. This research uses normative legal research with four types of approaches, which are case approach, legislative approach, conceptual approach, historical approach, and comparative approach. The results of the study show the restorative justice paradigm prioritizing restoration or amelioration will seek to provide justice, certainty and usefulness of the law, as well as realize progressive and responsive laws, and this makes it appropriate to be used as a judge’s paradigm in deciding a case. In constructing restorative justice-based judges’ decisions, judges do only make decisions based on the Criminal Procedure Code (KUHAP), but substantially, through the restorative justice paradigm the judges will consider justice for all parties (victims, perpetrators of crime, and the public). Judges do not make decisions based on retributive or retaliation goals but hold on to the values, concepts, principles, and basics of restorative justice prioritizing restoration or amelioration of the parties, meeting the needs of the parties, and prioritizing expediency.    

scholarly journals Sanksi Bagi Notaris Yang Mempromosikan Jabatannya Pada Sosial Media

2019 ◽  
Vol 4 (1) ◽  
pp. 31-41
Author(s):  
Meishell Njoto
Keyword(s):  
Social Media ◽  
Research Method ◽  
Code Of Ethics ◽  
Secondary Data ◽  
Legal Research ◽  
Conceptual Approach ◽  
The Public ◽  
Ethics Code ◽  
Notary Public ◽  
Legal Consequences

Notary plays an important role in making authentic deed in Indonesia. Notaries are often referred to occupying honorary positions as general or state officials. As the holder of an honorary position trusted by the public to make an authentic deed, the Notary must comply with the applicable laws and the Code of Ethics. Obligations and prohibitions of Notaries have clearly been regulated in UUJN and Notary Ethics Code, but that does not mean there are no Notaries who violate these rules. In order to find out what the legal consequences of a notary who violated social media promotion, the authors conducted this research. The research method used in this study is normative legal research. Normative legal research is legal research conducted by examining materials derived from various laws and regulations and other materials from various literatures. Which means this research examines secondary data material or does a literature review. The approach used in this study is the statutory approach and the conceptual approach. The result of this research is the prohibition on promotion through social media which actually has been regulated in various rules regarding notaries along with the legal consequences if the Notary Public violates these rules.

scholarly journals MODEL PARTISIPASI MASYARAKAT DALAM PEMBENTUKAN PERATURAN DAERAH MENURUT UNDANG-UNDANG REPUBLIK INDONESIA NOMOR 23 TAHUN 2014 TENTANG PEMERINTAHAN DAERAH

2019 ◽  
Vol 17 (2) ◽  
pp. 167
Author(s):  
King Sulaiman
Keyword(s):  
Public Participation ◽  
Regional Government ◽  
Legal Research ◽  
Conceptual Approach ◽  
Political Will ◽  
Policy Makers ◽  
The Public ◽  
The Media ◽  
Sufficient Space ◽  
The Ideal

Abstract : This research aims to find out and explain juridical issues about the model used in the formation of regional laws based on Law Number 23 of 2014 and the inhibiting factors of public participation. The ideal alternative model for the preparation of future Regional Regulations. The research method is in the form of normative legal research (legal research) which originates from primary legal materials, secondary legal materials and tertiary legal materials. Statute approach dan conceptual approach. In this study using descriptivequalitative analysis. Research comes to the conclusion that the 2014 Law Number 23 Year has guaranteed the space for public participation, but the participation model has not been comprehensively regulated. There are various factors inhibiting public participation, such as the political will of policy makers (DPRD and Regional Government), and the attitudes of the public and the media. Finally, a low regulatory factor and a bureaucratic culture that does not provide sufficient space for public participation in the formation of regional regulations. In the future there must be ideal participation models in regional regulations that are clearly regulated in formal regulations, including: First, the public must be actively involved in every stage of the formation of regional regulations. Second, establish permanent cooperation with the formation of regional regulations (DPRD and local government) in providing input on material that will be regulated in the regulations.

scholarly journals HALAL CHARACTERISTICS OF MICRO, SMALL, AND MEDIUM ENTERPRISES (MSMES) PRODUCTS IN PATEMON VILLAGE, KREJENGAN DISTRICT, PROBOLINGGO REGENCY

2021 ◽  
Vol 6 (1) ◽  
pp. 1-8
Author(s):  
Dyah Ochtorina Susanti
Keyword(s):  
Small And Medium Enterprises ◽  
Comparative Approach ◽  
Legal Research ◽  
Conceptual Approach ◽  
Product Certification ◽  
The Public ◽  
The Government ◽  
Medium Enterprises

This research is motivated by the fact that there are still products of Micro, Small and Medium Enterprises (MSMEs) in Patemon Village, Krejengan District, Probolinggo Regency, which do not yet have a halal certificate, because the product does not meet the halal criteria and the public does not understand about the characteristics of halal. This study aims to analyze and provide an understanding about the characteristics of halal, especially on MSME products in Patemon Village, Krejengan District, Probolinggo Regency. The method used in this research is normative legal research with the statute approach, conceptual approach, and comparative approach. The result of this research showed that halal characteristics of MSME products in Patemon Village can be seen from 2 (two) aspects, namely the material and the process of making it or the event to get it. Therefore, it is suggested that the MSME product producers in Patemon Village to immediately take care of their halal product certification and to the government to disseminate information to the public regarding about characteristics of halal on MSME products.  

scholarly journals Sanksi Hukum terhadap Anggota Polisi yang Melakukan Tindak Pidana Pembunuhan

2021 ◽  
Vol 2 (3) ◽  
pp. 633-638
Author(s):  
Ni Komang Ayu Sri Agustini ◽  
Anak Agung Sagung Laksmi Dewi ◽  
I Made Minggu Widyantara
Keyword(s):  
Police Officers ◽  
Code Of Ethics ◽  
Secondary Data ◽  
Public Security ◽  
Legal Research ◽  
Conceptual Approach ◽  
Legal Rules ◽  
Legal Sanction ◽  
Police Data ◽  
Legal Sanctions

The police are essentially government institutions and functions that are engaged in maintaining public security and order. The number of temptations causes the police to commit violations or criminal acts. This study aims to understand the legal arrangements against police officers who commit crimes and examine legal sanctions and legal rules that regulate problems in legal arrangements against police officers who commit criminal acts and forms of legal sanctions against the crime of murder. The research method uses normative legal research with a statutory and conceptual approach. Sources of legal materials consist of primary legal materials and secondary data. Data collection is done by reading the law on the police. Data analysis was carried out by case studies namely; the legal materials obtained in the research were processed and analyzed, and presented in a descriptive-analytical manner. The results of the study indicated that legal arrangements for police officers who commit murder crimes, where violations of the code of ethics have consequences, will be tried by the commission of the professional code of ethics. The legal sanction is that a police officer who commits a crime will be processed through a general court trial, undergo sanctions, and undergo a code of ethics trial with dishonorable dismissal. The imposition of disciplinary sanctions is decided in a disciplinary hearing for members of the police who violate police discipline and code of ethics

scholarly journals REGIONAL HEAD (PRODUCT OF A DEMOCRATIC SYSTEM) AS A ROLE MODEL AND ANTI-FRAUD REPRESENTATION

2019 ◽  
Vol 4 (2) ◽  
Author(s):  
Cakra Arbas
Keyword(s):  
Research Method ◽  
Role Model ◽  
Secondary Data ◽  
Regional Government ◽  
Scholarly Work ◽  
Legal Research ◽  
Municipal Governments ◽  
Analysis Technique ◽  
Democratic System ◽  
The Government

The Constitution mandates that "Governors, Regents, and Mayors respectively as heads of provincial, regency, and municipal governments are elected democratically". In other words, the regional head is actually mandated to form a regional government as a democratic self-governing unit. The research method used is normative legal research and the types of data used are secondary data, consisting of primary legal material (various forms of legislation), secondary legal materials (data collection of scholarly work and the results research related to local election and anti-fraud systems), and tertiary legal materials (materials providing information on primary legal materials and secondary legal materials, such as dictionaries and encyclopedias). Data analysis technique used is technical qualitative analysis. In running the government mechanism, the regional head should be able to implement anti-fraud system. Anti-Fraud system is a system that monitors regulations or other mechanisms that produce some forms of report. In this case, the system offered in fact can have implications on anti fraud related to the position of regional head as a role model, that is, by bringing a great personality and optimization of thinking and action.

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