scholarly journals KAJIAN HUKUM TERHADAP TINDAK PIDANA PENIPUAN DENGAN DASAR HUTANG PIUTANG

2020 ◽  
Vol 3 (1) ◽  
pp. 12
Author(s):  
Syawal Amry Siregar ◽  
Kristofel Ablio Manalu
Keyword(s):  
Research Method ◽  
Legal Protection ◽  
Criminal Code ◽  
Criminal Cases ◽  
Accounts Payable ◽  
Investigation Process

The form of responsibility for the perpetrator in a criminal act of fraud on the basis of accounts payable is to follow the existing procedures, from the investigation process to the detention process. This research method is normative juridical. The formulation of the problem under study is what is the form of fraud on the basis of accounts payable; What is the form of legal protection for victims of criminal cases of fraud on the basis of accounts payable and what is the form of accountability of the perpetrators for criminal acts of fraud on the basis of accounts payable. The result is a form of fraud on the basis of accounts payable, including the criminal act of fraud in the Criminal Code regulated in Book II concerning Crimes against Assets, which is in the form of attacks on people's legal interests for their property and fraud on the basis of accounts payable related to money lending and borrowing problems (accounts payable).

scholarly journals Perlindungan Hukum Terhadap Korban Tindak Pidana Penghinaan Citra Tubuh (Body Shaming)

2021 ◽  
Vol 2 (3) ◽  
pp. 537-541
Author(s):  
Ni Made Yeni Sukmawati ◽  
Anak Agung Sagung Laksmi Dewi ◽  
Ni Made Sukaryati Karma
Keyword(s):  
Social Media ◽  
Body Image ◽  
Research Method ◽  
Legal Protection ◽  
Criminal Code ◽  
The State ◽  
Legal Rules ◽  
Criminal Sanctions ◽  
Positive Law ◽  
Victim Protection

Body Shaming is a term that is currently trending, where criticizing or commenting on someone's physical in a negative way or with speech that intends to mock or insult someone's physical or appearance falls into this category. Legal protection for victims of body shaming needs to get very serious attention in order to deal with the phenomena that are currently happening on social media in particular. This study examines the regulation of the criminal act of insulting body image (body shaming) in terms of positive law and explains the legal protection provided to victims in the crime of insulting body image (body shaming). This study uses a normative research method by applying the legislation approach which refers to primary legal materials and secondary legal materials. The regulation of criminal acts of insulting body image (body shaming) in terms of positive law in general can be seen from the element of humiliation which is regulated in Chapter XVI of the Criminal Code and is grouped into 6 parts, namely from article 310 to article 318 and besides that, there are also other legal rules that regulate it implicitly in Article 27 paragraph (3). Article 45 paragraph (3) of the ITE Law. With sanctions in the form of criminal sanctions. The form of legal protection given to victims in the crime of body shaming is the making of policies by the State regarding prohibitions and strict sanctions for violators such as criminal sanctions and fines, through the established witness and victim protection institution

scholarly journals Legal Protection for Customers Victims of Savings Account Break-ins Crime

2021 ◽  
Vol 04 (10) ◽  
Author(s):  
Jeane Stevani Risdianto ◽  
Keyword(s):  
Financial Services ◽  
Research Method ◽  
Legal Protection ◽  
Criminal Code ◽  
Third Parties ◽  
Legal Principles ◽  
Savings Accounts ◽  
Civil Lawsuits ◽  
Criminal Charges

This study aimed to analyze the role of Bank Indonesia (BI) and the Otoritas Jasa Keuangan (OJK) of the banking activities in Indonesia and to analyze the legal protection of bank customers. There are two issues discussed in this study, the first regarding the role of OJK and Bank Indonesia in supervising crime in the banking world and the second regarding legal protection for customers victims of savings accounts break-ins crime. The research method used was normative juridical, by studying and reviewing legal principles derived from library materials. The discussions that were discussed in this article were how the role of OJK and Bank Indonesia in supervising crime in the banking world and how legal protection is for customers who are victims of savings account burglary in Indonesia. The Otoritas Jasa Keuangan regulation (PJOK) also requires banks to compensate for losses suffered by customers. Article 29 PJOK Number 1/PJOK.07/2013 states "Otoritas Jasa Keuangan is required to be responsible for Consumer losses arising from errors and/or negligence, management, employees of Financial Services Business Actors and/or third parties working for the interests of the Financial Services Providers. Financial Services Business. Lawsuits that can be pursued through the courts can be in the form of criminal charges or civil lawsuits. Embezzlement of bank customer deposits may be subjected to Article 372 and Article 374 of the Criminal Code (KUHP).

scholarly journals Perilaku Kekerasaan Dalam Rumah Tangga Sebagai Pelanggaran Hak Asasi Manusia

2020 ◽  
Vol 1 (6) ◽  
Author(s):  
Ahmad Mukri Aji
Keyword(s):  
Domestic Violence ◽  
Human Rights ◽  
Research Method ◽  
Legal Protection ◽  
Secondary Data ◽  
Criminal Code ◽  
Social Dimension ◽  
Literature Study ◽  
The Social ◽  
The Government

Abstract:Domestic violence is a behavior that can be categorized as a violation of human rights. Because this behavior results in disruption of the social dimension of humanity, due to actions that do not humanize humans in general. Even in the context of domestic violence, the perpetrators who are supposed to protect even commit acts of violence, mistreatment, intimidation and even the loss of the victim's life. The research method uses the normative juridical method, using secondary data obtained through literature study and analyzed qualitatively. The results and discussion of this study are that there are aspects of human rights violations that occur in domestic violence behavior. So the government is obliged to take action in the form of legal protection for victims by ensnaring the perpetrators with laws and regulations. Both the Criminal Code and the Law on the Elimination of Domestic Violence.Keywords: Domestic Violence Behavior, Human Rights, Violence.

scholarly journals PENYELESAIAN TINDAK PIDANA PERSETUBUHAN YANG DILAKUKAN OLEH ANAK TERHADAP ANAK (Suatu Penelitian di Pengadilan Negeri Takengon)

2020 ◽  
Vol 21 (1) ◽  
pp. 106
Author(s):  
Zulfikri Zulfikri ◽  
Dahlan Ali ◽  
Syarifuddin Hasyim
Keyword(s):  
Research Method ◽  
Legal Protection ◽  
Active Role ◽  
District Court ◽  
Sexual Offense ◽  
History Of ◽  
Perpetrators And Victims ◽  
Conducting Research ◽  
Investigation Process ◽  
Court Process

Abstrak: Tulisan ini bertujuan menganalisis penyelesaian tindak pidana persetubuhan yang dilakukan oleh anak terhadap anak dan perlindungan hukum terhadap anak sebagai pelaku dan korban tindak pidana persetubuhan. Metode penelitian ini dilakukan dengan metode yuridis normatif dan yuridis empiris. Hasil penelitian terhadap penyelesaian tindak pidana persetubuhan yang dilakukan oleh anak terhadap anak dalam wilayah hukum Pengadilan Negeri Takengon dilakukan penyelesaian melalui proses pengadilan karena tindak pidana tersebut tidak dapat dilakukan penyelesaian melalui diversi, sebab ancaman pidana terhadap tindak pidana persetubuhan terhadap anak di atas 7 (tujuh) tahun. Pedampingan kepada anak sebagai pelaku tindak pidana maka pihak BAPAS berperan aktif dalam melakukan penelitian terhadap riwayat kehidupan anak yang melakukan tindak pidana persetubuhan, sehingga menjadi satu pertimbangan penyidik dalam proses penyidikan dan menjadi satu pertimbangan hakim dalam memutuskan hukuman terhadap anak dengan mengedepankan perlindungan hukum bagi anak. Abstract: This paper aims to analyze the settlement of the act of intercourse committed by children against children and the legal protection of children as perpetrators and victims of the act of intercourse. The research method was carried out with normative and empirical juridical methods. The results of research on the settlement of the sexual offense committed by a child against a child within the jurisdiction of the Takengon District Court is carried out through the court process because the criminal act cannot be resolved through diversion, because the criminal threat against the sexual offense against a child over 7 (seven) year. Assistance to children as perpetrators of crime, the BAPAS plays an active role in conducting research on the life history of children who commit criminal acts of intercourse, so that it becomes a consideration of investigators in the investigation process and becomes a consideration of judges in deciding sentences against children by prioritizing legal protection for children.

scholarly journals ADVOCATE ASSISTANCE AGAINST WITNESSES TOWARD THE SUSPECTED IN THE INVESTIGATION PROCESS OF CORRUPTION CRIMINAL ACT

2020 ◽  
Vol 7 (1) ◽  
pp. 45
Author(s):  
Alamsyah Bahari
Keyword(s):  
Law Enforcement ◽  
Research Method ◽  
Criminal Cases ◽  
Law Enforcement Officials ◽  
Justice Process ◽  
Criminal Justice Process ◽  
The Right ◽  
To Receive ◽  
Investigation Process ◽  
Clear Description

In order to create a good and transparent criminal justice process so that there is no imbalance between witnesses and law enforcement officials, advocate assistance to witnesses in the investigation process in cases of corruption is necessary because not everyone has mental readiness or knowledge regarding the law in the investigation process. This study aims to provide a complete and clear description of the procedure for examining witnesses who are accused in the process of investigating cases of corruption by authorized institutions and a description of the legal basis for anti-corruption institutions in implementing the prohibition on advocacy assistance to witnesses during the process of investigating criminal cases. corruption. The research method used by researchers is the normative juridical research method. The anomaly in the attitude of the investigator appears when the advocate accompanies a witness who is asked to present it by the reported party or the suspect. Before the examination, the investigator informs the witness that the presence of an Advocate in a witness examination is not obligatory. Advocate witness assistance should also be added to be strictly regulated in the regulations, to prevent unnecessary polemics on this matter. It also includes that the witness has the right to receive a copy of the examination report.

scholarly journals Perlindungan Hukum terhadap Anak Penyandang Disabilitas sebagai Korban Kekerasan Seksual

2021 ◽  
Vol 2 (2) ◽  
pp. 359-364
Author(s):  
Nadila Purnama Sari ◽  
Anak Agung Sagung Laksmi Dewi ◽  
Luh Putu Suryani
Keyword(s):  
Sexual Violence ◽  
Child Protection ◽  
Children With Disabilities ◽  
Legal Protection ◽  
Criminal Code ◽  
Criminal Cases ◽  
Persons With Disabilities ◽  
Violence Against Children ◽  
Criminal Sanctions ◽  
Positive Law

Children with disabilities are often the main targets to be victims of criminals, discrimination and sexual violence. The following can be seen from the increase in criminal cases against women and children with disabilities which from year to year tends to increase. The purpose of this study is to determine the legal protection of children with disabilities as victims of sexual violence and criminal sanctions against perpetrators of sexual violence against children with disabilities. The method used is a normative method along with statutory and conceptual approaches. The results of the study show that legal protection for children as victims of sexual violence is contained in article 1 paragraph (2) of Law no. 35 of 2014 concerning child protection, namely so that the child gets protection and his rights as a child. Criminal sanctions for perpetrators of sexual violence against persons with disabilities exist in positive law in Indonesia. The criminal act of rape is contained in Articles 285 to 288 of the Criminal Code. Violence against children with disabilities there is no law that specifically regulates it but in VU No. 35 of 2014 concerning Child Protection in Article 290 paragraph (1) is threatened with approximately 7 years of imprisonment.

scholarly journals ON PRESSING ISSUES OF CRIMINAL LEGAL PROTECTION OF CREDITORS AT THE STAGE OF EXECUTION OF JUDICIAL ACTS ON THE COLLECTION OF ACCOUNTS PAYABLE

2021 ◽  
pp. 22-28
Author(s):  
K.Y. Sasykin
Keyword(s):  
Russian Federation ◽  
Legal Protection ◽  
Criminal Procedure ◽  
Criminal Code ◽  
Judicial Practice ◽  
Procedure Code ◽  
Accounts Payable ◽  
The Russian Federation ◽  
The Republic ◽  
Criminal Legislation

In the article, the author examines the problem of criminal legal protection of creditors’ rights fromcrimes associated with malicious evasion by debtors from paying off accounts payable, for the commissionof which liability is provided under Article 177 of the Criminal Code of the Russian Federation. The author emphasizes that the norm of the article was introduced in 1996 together with the adoptionof the code and the disposition did not undergo changes over the next twenty-five years, remaininginsufficiently regulated. It is indicated with reference to judicial practice on the problem of the objective sideof the corpus delicti of this crime, which contains ambiguous evaluative signs.The author, based on the analysis of the article of the considered norm and a number of doctrinal pointsof view, concluded that the norm is subject to change with the “removal” of the controversial terminologyfrom the disposition. The author proposes a revision of the norm and, as an example, provides a similarprovision on liability from the criminal legislation of the Republic of Belarus.Also, based on the analysis of articles 144–145 of the Criminal Procedure Code of the Russian Federationand taking into account the practice and doctrinal points of view, attention is focused on the need, in additionto substantive changes, changes and procedural norms of domestic legislation, namely, on the need totransform the stage existing in the Criminal Procedure Code of the Russian Federation initiation of a criminalcase as hindering the timely detection and investigation of this type of crime.

scholarly journals Penculikan Anak oleh Orang Tua (Studi Kasus di Pengadilan Negeri Gianyar)

2020 ◽  
Vol 1 (2) ◽  
pp. 388-392
Author(s):  
I Komang Oka Raharja ◽  
Anak Agung Sagung Laksmi Dewi ◽  
Luh Putu Suryani
Keyword(s):  
Data Analysis ◽  
Human Dignity ◽  
Child Protection ◽  
Research Method ◽  
Legal Protection ◽  
Criminal Code ◽  
Criminal Sanctions ◽  
Legal Sanctions ◽  
Criminal Procedure Law ◽  
Neglected Children

Every neglected children must be given protection from institutions or laws which aims at protecting their rights. Children have often been victims of crimes, one of which is kidnapping. Regarding the kidnapping of children, Law Number 35 of 2014 concerning Child Protection stipulates that the incidents of kidnapping and neglected children by parents can cause physical and psychological harms to those neglected children and the unfulfillment of their rights. Therefore, it is necessary to impose criminal sanctions on parents or other people who neglect children. Grounded by this, the problems examined in the present research are: How is the legal protection for children from kidnapping by parents regulated? What are the legal sanctions against parents who commit kidnapping over their children? The research method used in this research is normative juridical, with statutory, conceptual, and case approaches. Data were analysed using a qualitative-normative method. Based on the results of data analysis, the regulation of legal protection for children from kidnapping committed by parents is that every parent shall ensure the fulfillment of children’s rights so that they can live, grow and develop and participate optimally in accordance with human dignity, so that they receive protection from violence and discrimination for the sake of the realisation of Indonesian children who are qualified, noble and prosperous. The legal sanctions against parents kidnapping their children are regulated in Article 330 paragraph (1) of the Criminal Code jo. Article 55 paragraph (1) to 1 KUHP with due observance of Article 330 paragraph (2) KUHP jo. Article 55 paragraph (1) to 1 of the Criminal Code and Law Number 8 of 1981 concerning Criminal Procedure Law and applicable laws and regulations.

scholarly journals KEWENANGAN PENYIDIKAN OLEH LEMBAGA OTORITAS JASA KEUANGAN TERHADAP TINDAK PIDANA PERBANKAN BELUM OPTIMAL

2021 ◽  
Vol 4 (1) ◽  
pp. 73-78
Author(s):  
Putri Ismu Rahayu Saputri ◽  
Ruslan Renggong ◽  
Almusawwir Almusawwir
Keyword(s):  
Qualitative Research ◽  
Human Resources ◽  
Financial Services ◽  
Research Method ◽  
Civil Servant ◽  
Public Knowledge ◽  
Criminal Cases ◽  
Qualitative Research Method ◽  
Mitigating Factors ◽  
Investigation Process

Kewenangan yang dimiliki oleh Otoritas Jasa Keuangan (OJK) dalam melakukan penyidikan tindak pidana di sektor keuangan berdasar pada Peraturan OJK Nomor 22/POJK.01/2015. OJK berdasar pada Pasal 1 angka 1 UU tentang Otoritas Jasa Keuangan merupakan lembaga independen, bebas dari campur tangan pihak lain, yang memiliki fungsi, tugas, dan wewenang pengaturan, pengawasan, pemeriksaan, dan penyidikan dimaksudkan disini adalah permasalahan dalam menangani kasus tindak pidana di bidang jasa keuangan yang dilakukan OJK. Penelitian tersebut bertujuan untuk menganalisis dan mengkaji proses penyidikan dalam OJK melaksanakan tugasnya dalam menangani kasus tindak pidana perbankan, serta memahami dan mengetahui beberapa faktor penghambat PPNS (Penyidik Pegawai Negeri Sipil) OJK menjalankan wewenangnya. Metode penelitian kualitatif digunakan dalam penelitian ini merupakan suatu metode penelitian yang bersifat deskriptif atau menggambarkan hasil penelitian secara utuh dan mendalam. Hasil penelitian ini menunjukkan bahwa kewenangan penyidik OJK belum berjalan sebagaimana yang ditentukan oleh UU RI Nomor 21 Tahun 2011 tentang OJK dan POJK Nomor 22/POJK.01/2015. Hal tersebut dikarenakan adanya beberapa faktor penghamabat, seperti kurangnya pengetahuan masyarakat akan eksistensi OJK dan tugasnya sebagai penyidik tindak pidana di bidang jasa keuangan, serta sumber daya manusia (SDM) yang dimaksud disini adalah jumlah PPNS OJK yang terbatas dan sarana prasarana yang kurang mengoptimalkan pelaksanaan penyidikan tindak pidana perbankan oleh OJK. The Authority owned by the Financial Services Authority (OJK) in investigating criminal acts in the financial sector is based on OJK Regulation Number 22/POJK.01/2015. OJK based on Article 1 number 1 of the Law on Financial Services Authority is an independent institution, free from interference from other parties, which has the functions, duties, and authorities of regulation, supervision, examination, and investigation intended to handle criminal cases in the field of financial services conducted by OJK. The research aims to analyze and review the investigation process in OJK when carrying out its duties in handling banking criminal cases, as well as to understand and know some of the factors inhibiting PPNS (Civil Servant Investigators) of OJK from exercising their authority. Qualitative research method is used in this study to describe the results of the research in its entirety and in depth. The results of this study show that the authority of OJK investigators has not been running as determined by Law No. 21 of 2011 concerning OJK and POJK Number 22/POJK.01/2015. This is due to several mitigating factors, such as the lack of public knowledge of the existence of OJK and its duties as a criminal investigator in the field of financial services, as well as human resources (HR) referred to here is a limited number of OJK PPNS and infrastructure facilities that do not optimize the implementation of banking criminal investigations by the OJK.

scholarly journals Implementation Of Restorative Justice Approach In Legal Protection Against Lightweight Crime By The Children

2018 ◽  
Vol 1 (4) ◽  
pp. 943
Author(s):  
Rizky Adiyanzah Wicaksono ◽  
Sri Kusriyah Kusriyah
Keyword(s):  
Supreme Court ◽  
Restorative Justice ◽  
Justice System ◽  
Juvenile Justice System ◽  
Legal Protection ◽  
Criminal Code ◽  
Criminal Cases ◽  
Criminal Offenses ◽  
The Supreme Court ◽  
And Control

Children who were doing mischief that led to the crime, should be against the law to account for his actions. Currently, prevention and control delinquency that resulted in minor criminal offenses is done through the implementation of the juvenile justice system to a restorative justice approach. The concept of restorative justice becomes a very important consideration in resolving criminal cases committed by children. The Supreme Court has issued a Supreme Court Regulation (Perma) No. 2 of 2012 on the Limitation Adjustment light crime and the amount of penalties in the Criminal Code, which essentially stipulates that the value limit losses in tipiring (Lightweight Crime) case is a maximum of 2.5 million, and against the threat case maximum criminal penalty of three months imprisonment or fine, as well as in the settlement tipiring must promote Restorative Justice. Child settlement, which is directed to resolving informally or out of court, with the involvement of all parties involved in the criminal act has occurred. Minor criminal offenses committed by children under the Act No. 11 of 2012 carried through the diversion mechanism by way of mediation or deliberation.Keywords: Restorative Justice; Lightweight Crime; Children.

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