scholarly journals THE IMPLEMENTATION OF MATERIAL CRIMINAL LAW TOWARD THE CRIME OF TRAFFICKING IN PERSONS

2021 ◽  
Vol 1 (1) ◽  
pp. 97-113
Author(s):  
Warsifah Warsifah ◽  
Julian Mangatur
Keyword(s):  
Law Enforcement ◽  
Research Method ◽  
Criminal Code ◽  
Court Decision ◽  
District Court ◽  
Trafficking In Persons ◽  
Campus Environment ◽  
Library Research ◽  
The One ◽  
Economic Capacity

The unbalanced and unequal economic growth in society often creates social and social jealousy in the community. On the one hand, there is a group of people who have sufficient capacity economically, but on the other hand there is a group of people who have no economic capacity in their lives, so that the latter group is often a social problem that even commits the crime of theft, for example. The criminal act of theft according to the Criminal Code, there is an element of "burdensome" as regulated in Article 363 paragraph (1) of the 5th Criminal Code, namely: "It is punished with a maximum imprisonment of seven: Theft committed by a wrongdoer by entering the place. the crime or it can reach the goods to be taken, such as the example of the case presented by the author in this thesis research, namely the theft of a helmet which was committed by the defendant, preceded by the defendant entering the campus environment, the case of which was decided by the Sukabumi District Court with a decision Number: 17 / Pid. B / 2010 / PN. Skh. The formulation of the problem that will be discussed by the author are: 1) How is the application of material law to the perpetrator of the crime of theft with weighting? and 2) How is the law enforcement against the perpetrators of the crime of theft of a helmet with a weight as in Court Decision Number 17 / Pid.B / 2010 / PN. Skh? The research method that the author uses is the normative juridical method, meaning that the data used comes from library research, carried out by searching, quoting, taking notes, inventorying, analyzing, and studying data in the form of library materials needed and related to law enforcement against perpetrators. theft by weight. Finally, based on the results of the research, the authors conclude that law enforcement against the perpetrators of the crime of theft of a helmet with a weight as in Court Decision Number 17 / Pid.B / 2010 / PN. Skh, the defendant was threatened with article 363 paragraph (1) to 5 of the Criminal Code, so that the defendant Agus Hery Santoso Bin Diyono was found legally and convincingly guilty of committing a criminal act. for 2 (two) months and 15 (fifteen) days.

scholarly journals Pertanggung Jawaban Hukum oleh Seorang Dokter yang Melakukan Tindak Pidana Pemalsuan Surat Keterangan Dokter

2020 ◽  
Vol 3 (2) ◽  
pp. 434-441
Author(s):  
Juli Shara Pasaribu ◽  
Chistofe Daeli ◽  
Koko Valensio Situmeang ◽  
Sonya Airini Batubara
Keyword(s):  
Law Enforcement ◽  
Research Method ◽  
Secondary Data ◽  
Criminal Code ◽  
Health Law ◽  
Doctor Who ◽  
False Information ◽  
Library Research ◽  
Legal Accountability ◽  
Materials Used

The research objectives used were to determine the ethical and legal accountability of a doctor who commits a criminal act of doctor's certificate forgery and to find out how to legally handle a criminal act committed by a doctor in the field of health law. The research method uses normative juridical, namely using library research and the source of legal materials used is secondary data. This research uses the theory of responsibility. Letter forgery issues a right which is used as false information about the presence or absence of disease. Criminal acts that often occur are related to Article 263 of the Criminal Code (making forged letters or falsifying letters) Article 266 of the Criminal Code for a doctor who falsifies a letter sentenced to a maximum imprisonment of four (4) years. A doctor is required to provide a statement and opinion that has been examined itself the truth. Overcoming letter forgery is carried out through 2 efforts, namely penal measures and non-penal measures carried out repressively (law enforcement). Prevention can be done by providing additional provisioning both ethically and in discipline to each doctor

scholarly journals Tindak Pidana Penganiayaan tidak tepat Sasaran dalam Perspektif Pasal 351 ayat (2) Kitab Undang-Undang Hukum Pidana dan Hukum Pidana Islam (Analisis Putusan Majelis Hakim Pengadilan Negeri Bangkalan Nomor 431/pid.b/2018/pn bkl)

2020 ◽  
Vol 3 (2) ◽  
pp. 187-204
Author(s):  
R Arif Muljohadi ◽  
Abd Wahid ◽  
Abd Wahid
Keyword(s):  
Research Method ◽  
Criminal Code ◽  
District Court ◽  
Criminal Offense ◽  
Applicable Law ◽  
Library Research ◽  
The Law ◽  
One Year ◽  
Legal Force

The main problem in this research is regarding a persecution committed by the perpetrator as a result of being driven by emotions due to things that are not yet clear, so that what he has done results in harm to other people who do not have any problems with him. So it can be concluded that the perpetrator has committed a maltreatment on purpose but not on target.This type of research uses the library research method (Library Research), which is a technique by conducting an inventory of statutory regulations and documents, also using literature obtained from the decision of the Panel of Judges which has permanent legal force based on the decision of the Panel of Judges at the Bangkalan District Court Number: 431 / Pid.B / 2018.PN Bkl.The results of this study indicate that the technique of the criminal act of persecution either intentionally or unintentionally is an act that is prohibited in Islam. who later will get sanctions, while the sanctions obtained by the perpetrators of this criminal offense of persecution is the law of qishāsh as explained in the Nash Al-Qur'an, so that the substitute punishment for it is diyat or ta'zir. However, when viewed from the applicable law in Indonesia, the perpetrator is subject to imprisonment and a fine in accordance with Article 351 of the Criminal Code concerning maltreatment. Judging from the decision of the Panel of Judges Number 431 / Pid.B / 2018 / PN Bkl that the perpetrator is subject to imprisonment for 1 (one) year and 5 (five) months imprisonment and a case fee of Rp. 2000., (two thousand rupiah).

Analisis Yuridis Tindak Pidana Pencucian Uang (Studi Putusan No. 311/Pid.Sus/2018/Pn. Mdn)

2021 ◽  
Vol 4 (2) ◽  
pp. 974-981
Author(s):  
Andika Pratama ◽  
Rizkan Zulyadi ◽  
Sri Pinem
Keyword(s):  
Law Enforcement ◽  
Money Laundering ◽  
Research Method ◽  
District Court ◽  
Legal Rules ◽  
Analysis Technique ◽  
Proceeds Of Crime ◽  
Public Scrutiny ◽  
Examination Process ◽  
Descriptive Method

The panel of judges adjudicating the money laundering case found the defendant guilty of the crime of money laundering from the narcotics crime, and therefore sentenced the defendant to 7 (seven) years imprisonment. Based on this, the formulation of the problems in this study: 1) How are the legal rules regarding money laundering in Indonesia, 2) How is law enforcement against the crime of money laundering in the Medan District Court, 3) What is the basis for the judge's consideration in imposing crimes against money laundering offenders in the Decision Number 311 / Pid.sus / 2018 / PN. Mdn. The research method used is descriptive method, while the data analysis technique used is descriptive qualitative. The results showed that the crime of money laundering is regulated in Law no. 8 of 2010 concerning the Prevention and Eradication of the Crime of Money Laundering (UU PP - TPPU). The threat of money laundering is regulated in Article 3, namely imprisonment for a maximum of 20 (twenty) years and a maximum fine of Rp. 10,000,000,000. The panel of judges at the District Court that adjudicates money laundering crimes acts decisively in imposing crimes, especially because the examination process usually receives public scrutiny, such as money laundering from narcotics and corruption crimes. The basis for the consideration that the panel of judges, the defendant has participated in the circulation of narcotics by receiving, transferring money as payment for narcotics, this is commonly done by the perpetrators of the Crime of Money Laundering to disguise or hide the origin of the proceeds of crime. However, the panel of judges had imposed a sentence that was too low on the defendant, namely 7 years in prison, far below the threat of money laundering in Article 3 of the TPPU Law where the defendant was found guilty, namely 20 years in prison.

scholarly journals Konsepsi Hukum Progresif dalam Pengaturan Tindak Pidana Korupsi di Indonesia

2020 ◽  
Vol 1 (2) ◽  
pp. 35-39
Author(s):  
Efraim Mbomba Reda ◽  
I Nyoman Putu Budiartha ◽  
I Made Minggu Widyantara
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Role Models ◽  
Research Method ◽  
Criminal Code ◽  
Legal Positivism ◽  
Sociology Of Law ◽  
Legal Certainty ◽  
Legal Research ◽  
Descriptive Method

Progressive law puts forward the sociology of law rather than legal certainty which is the focus of legal positivism. In Indonesia, this law was coined by Satjipto Rahardjo. This study aims to determine the formulation of progressive law in future criminal law, and to determine the actualization of the concept of progressive law in regulating corruption in Indonesia. The research method used is a normative legal research method with statute and conceptual approaches. The technique of collecting legal materials in this study is a descriptive method that aims to obtain the meaning of reality related to the problems to be discussed and solved in this study. The results show that in the current Criminal Code Bill, progressive law has been regulated, to be precise in Article 2 paragraph (1) and (2). Progressive law is also regulated in Law no. 48 of 2009 concerning Judicial Power. Then, the actualization of progressive law in regulating corruption in Indonesia is a judge with the powers that take into account the sociological context of society in making decisions. Judges, prosecutors and lawyers can certainly discuss together in eradicating corruption. Efforts are also being made to reconstruct and redefine the power of law enforcement. This arrangement can also encourage the KPK to be more progressive in eradicating corruption, as well as building law enforcers who have morality so that they can become role models and increase public participation, for example by forming NGOs in preventing or fighting corruption in various agencies.

scholarly journals JUDGE'S JUDGMENT ON CRIMINAL OFFENSE AGAINST PERPETRATORS OF CRIMINAL EXTORTION WITH THE VIOLENCE AGAINST OTHER PEOPLE'S MOTORCYCLES (Verdict Study Number: 237/Pid. B/2018/PN Kla)

2020 ◽  
Vol 2 (01) ◽  
pp. 56-65
Author(s):  
Oktasari Putri Pramisela ◽  
Yulia Hesti
Keyword(s):  
Law Enforcement ◽  
Attorney General ◽  
Criminal Code ◽  
Deterrent Effect ◽  
District Court ◽  
Criminal Offence ◽  
Factors Affecting ◽  
Criminal Offenses ◽  
Violent Criminal ◽  
The Law

A crime or criminal act, usually perpetrators of criminals because of an encouragement based on the importance of fulfilling the necessities of life that is relatively difficult to fulfill. In principle the crime problem does not stand alone, but it relates to other issues such as social, economic, political and cultural which is as a phenomenon that affects each other. To tackle crimes and criminal acts such a thorough enforcement and anticipation policy is required. One of the most common criminal acts in the community is the violence of violent blackmail. Perpetrators can be assessed by the community, therefore it is necessary to be handled by the law enforcement officers intensively with the severity of the criminal that was dropped. The problem in this study is how the judge's consideration in dropping a criminal against perpetrators of criminal offenses with violence against motorcycles belonging to others, what are some factors causing perpetrators of criminal extortion with violence. The method of study used is the normative juridical approach and empirical approach obtained directly at the District Court of Kls II Kalianda, state Attorney of South Lampung. Based on the results of the study can be concluded that the judge's judgment in the criminal offence against the perpetrator of violent criminal offence is in accordance with the element contained in article 368 paragraph (1) of the criminal CODE and was sentenced to 2 years imprisonment. Factors affecting the cause of perpetrators of criminal extortion in violence are environmental factors, economic factors on society, the law enforcement. The advice given is to be expected to the Tribunal, the attorney general and the police in providing or establishing the article can be in accordance with its elements and actions, to the rationing punishment against the defendant is considered fair and give a deterrent effect so that the defendant can not repeat it again. There is cooperation between law enforcement and the community in minimizing the crimes that occurred.

scholarly journals The Potential of Criminal Law in Protecting Labor Rights of Citizens (Using the Example of Article 136 of the Criminal Code of the Russian Federation)

2018 ◽  
Vol 12 (6) ◽  
pp. 836-844
Author(s):  
Michail Sagandykov ◽  
Galia Shafikova
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Theoretical Research ◽  
Labor Rights ◽  
Labor Legislation ◽  
The Russian Federation ◽  
The One ◽  
Criminal Legislation

The relevance of the study is based, on the one hand, on high public danger of crimes in the sphere of labor relations and, on the other hand, on a very low interest of law enforcement, control and supervision bodies in these crimes. The authors show that modern criminal legislation in the sphere of protecting labor rights has a high potential in comparison with both Soviet and foreign criminal law norms. At the same time, this potential, primarily expressed in Chapter 19 of the Criminal Code of the Russian Federation, remains untapped. Many norms, including Art. 136 of the Criminal Code of the Russian Federation «Violating the Equality of Rights and Freedoms of Man and Citizen», are virtually never used against discrimination in the labor sphere, although such discrimination is quite common. No such cases have been found in court statistical data, thus it is impossible to provide a comprehensive criminological description of these crimes. The norm of Art. 136 of the Criminal Code of the Russian Federation is seldom used by law enforcers because it is legally ambiguous. In this connection the authors suggest complementing the disposition of Art. 136 of the Criminal Code of the Russian Federation with such factors of discrimination as «age» and «marital status». The latter factor will make it possible to provide extra protection to pregnant women and women with children under three years old against unmotivated refusal of employment and firing. The authors argue that such actions of the employer should constitute an aggregate of crimes and should be punished simultaneously under Art. 136 and 145 of the Criminal Code of the Russian Federation. At the same time, the authors think that it is not appropriate to make the disposition of Art. 136 a blanket one due to vague grounds for discrimination in special legislation, including labor legislation. The obtained results could be used for the improvement of Russian legislation based on theoretical research and the practice of law enforcement.

scholarly journals Analisis Putusan Hakim Tentang Itsbat Contencius pada Pengadilan Agama Gunung Sugih

2021 ◽  
Vol 3 (1) ◽  
pp. 67-88
Author(s):  
Feri Kurniawan ◽  
Abd. Qohar
Keyword(s):  
Research Method ◽  
Qualitative Method ◽  
Court Decision ◽  
Library Research ◽  
Marriage Record

Marriage isbat which has been considered a solution to the settlement of a marriage under the hands offered by the Act in order to protect the rights relating to his wife and children, while the isbat or isbat contensius is a solution given to people who will divorce with a marriage that is not in marriage. record it. This research method used is a qualitative method, a type of library research, with a normative juridical approach. Based on the results of the study found, that basically a divorce that can be done before the Religious Court is a divorce from a registered marriage. In the Gunung Sugih Religious Court Decision Number: 0333 / Pdt.G / 2018 / PA.Gns concerning the Application for Itsbat Marriage, accompanied by a Divorce Claim, the judge granted the divorce suit by ratifying the marriage license first. Granting divorce proceedings on the grounds of inattention to children, spending property generated by the wife as a plaintiff, and the defendant often acts violently against the plaintiff. The judge's judgment and decision is in accordance with the value of benefit, namely guarding offspring (hifz al-nasl) and protecting property (hifz al-mal), and protecting the soul (hifz al-nafs). Isbat nikah yang selama ini dianggap solusi penyelesaian perkawinan di bawah tangan yang ditawarkan Undang-Undang dalam rangka melindungi hak-hak yang berkaitan dengan istri dan anak, sedangkan gugat isbat atau isbat contensius adalah solusi yang diberikan kepada orang yang akan bercerai dengan perkawinan yang tidak di catatkan. penelitan  ini  metode  yang digunakan   adalah   metode kualitatif, jenis penelitian library research, dengan pendekatan yuridis normatif. Berdasarkan hasil penelitian ditemukan, bahwa Pada dasarnya suatu perceraian yang dapat dilakukan di hadapan Pengadilan Agama merupakan perceraian dari perkawinan tercatat. Pada Putusan Pengadilan Agama Gunung Sugih Nomor : 0333/Pdt.G/2018/PA.Gns tentang Permohonan Itsbat Nikah disertai dengan Gugatan Cerai hakim mengabulkan gugatan cerai dengan mengesahkan itsbat nikah terlebih dahulu. Mengabulkan gugatan cerai dengan alasan kurang perhatiannya terhadap anak-anak, menghabiskan harta yang dihasilkan istri sebagai penggugat, dan tergugat sering melakukan kekerasan terhadap penggugat. Pertimbangan dan putusan hakim tersebut telah sesuai dengan nilai kemaslahatan yaitu menjaga keturunan (hifz al-nasl) dan menjaga harta (hifz al-mal), dan menjaga jiwa (hifz al-nafs).

scholarly journals DEBATE OF ISLAM AND COUNTRIES IN THE CONSTITUANTE BOARD, 1956-1959

2019 ◽  
Vol 2 ◽  
pp. 155-174
Author(s):  
Heri Herdiawanto ◽  
Valina Singka Subekti
Keyword(s):  
Research Method ◽  
Islamic Law ◽  
Secondary Data ◽  
The State ◽  
Islamic State ◽  
Basic Group ◽  
Constituent Assembly ◽  
Library Research ◽  
The One ◽  
The Relationship

This study examines Hamka's political thinking about Islam and the State in the Basic State debate that took place in the Constituent Assembly 1956-1959. Hamka belongs to the basic group of defenders of the Islamic state with Mohammad Natsir in the Masyumi faction, fighting for Islamic law before other factions namely the Nationalists, Communists, Socialists, Catholics-Protestants and members of the Constituent Assembly who are not fractured. Specifically examines the issue of why Islam is fought for as a state basis by Hamka. and how Hamka thought about the relationship between Islam and the state. The research method used is a type of library research with literature studies or documents consisting of primary and secondary data and reinforced by interviews. The theory used in this study is the theory of religious relations (Islam) and the state. This study found the first, according to Hamka, the Islamic struggle as the basis of the state was as a continuation of the historical ideals of the Indonesian national movement. The second was found that the constituent debate was the repetition of Islamic and nationalist ideological debates in the formulation of the Jakarta Charter. Third, this study also found Hamka's view that the One and Only God Almighty means Tauhid or the concept of the Essence of Allah SWT. The implication of this research theory is to strengthen Islamic thinking legally formally, that is thinking that requires Islam formally plays a major role in state life. The conclusion is that Indonesian society is a heterogeneous society in terms of religion. This means that constitutionally the state recognizes the diversity of religions embraced by the Indonesian people and guarantees the freedom of every individual to embrace religion and realize the teachings he believes in all aspects of life. Hamka in the Constituent Assembly stated that the struggle to establish a state based on Islam rather than a secular state for Islamic groups was a continuation of the ideals of historical will.

scholarly journals Kekuatan Pembuktian Wasiat Di Bawah Tangan dan Ratio Legis Putusan Pengadilan Negeri Bitung Nomor 43/Pdt.G/2015/PN.Bit. tentang Jual Beli Tanpa Adanya Bukti Tertulis

2020 ◽  
Vol 5 (2) ◽  
pp. 369
Author(s):  
Inca Nadya Damopolii ◽  
R. Imam Rahmat Sjafi’i
Keyword(s):  
Research Method ◽  
Customary Law ◽  
Court Decision ◽  
District Court ◽  
Witness Testimony ◽  
Physical Evidence ◽  
Legal Consideration ◽  
Material Evidence ◽  
Laws And Regulations ◽  
Legal Force

This study aimed to analyze the force of private testament proofing and the judge's consideration in the Bitung District Court Decision Number 43 / Pdt.G / 2015 / PN.Bit. about sale without any written evidence. The study used a normative research method with a statutory approach and a case approach. The results showed the power of private testament regarding the Bitung District Court Decision Number 43 / Pdt.G / 2015 / PN.Bit. is strong, judging from the power of physical evidence, the power of formal evidence, and the power of material evidence. However, the sale carried out between the plaintiff and the defendant which was not in the presence of the Land Deed Official had weak legal force because it was not in accordance with the prevailing laws and regulations. In their legal considerations, judges used the principle of sale customary law only, namely light and cash, and witness testimony de auditu as evidence. This legal consideration was deemed inappropriate because it was against the Basic Agrarian Law and in general the witness testimony de auditu was rejected as evidence.

scholarly journals PHILOSOPHICAL FOUNDATION OF RELIGIOUS COURT COMPETENCE TOWARDS ENCUMBRANCE RIGHT EXECUTION

2018 ◽  
Vol 18 (2) ◽  
pp. 222
Author(s):  
Abd. Shomad ◽  
Rahadi Wasi Bintoro
Keyword(s):  
Law Enforcement ◽  
Dispute Resolution ◽  
Islamic Law ◽  
Court Decision ◽  
District Court ◽  
Philosophical Foundation ◽  
Conceptual Approach ◽  
Historical Approach ◽  
Legal Relationship

Religious court as forefront in economic sharia dispute resolution in litigation has not ideal place to perform their duty since there are still regulation conflicts such as implementation of encumbrance right execution which still becomes a domain in district court. As explained, this article discusses phi-losophical foundation of Religious Court competence to resolve economic sharia issues. In regard to this, conceptual approach, law approach and historical approach are respectively used. Based on the analysis, basic competence of religious court is Islamic personality principle which carries the use of Islamic law elements (sharia principle) in its legal relationship. From the analysis the implication is drawn that as long as a dispute belongs to economic sharia, then it is Religious Court which is com-petent to handle including court decision.Keywords: law enforcement, economic sharia dispute, absolute competence, court decision implementation

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