THE VALIDITY OF CRIMINAL OFFENDER ARREST IN THE IMMIGRATION AREA AS A REASON FOR EXIT BAN TO LEAVING THE TERRITORITY OF INDONESIA -CASE STUDIES OF RATNA SARUMPAET

Arrest is an act of the investigator to temporarily restrict the freedom of the suspect or accused if there is sufficient evidence for proposes of investigation or prosecution and/or adjudication in matters and by means regulated in the law. One of the cases that has caught the public's attention is the prevention and arrest of Ratna Sarumpaet who is a suspect in the case of spreading hoaxes in the immigration area of Soekarno-Hatta International Airport. This research has the formulation of the problem whether the prevention of going abroad and the arrest of suspect Ratna Sarumpaet in the immigration area is in accordance with applicable regulations. The purpose of this study is to determine whether the forced efforts made in this case the arrest and prevention of Ratna Sarumpaet violates the rules or not. This research is a normative study using several problem approaches which include the Law approach and analysis approach. The data sources used are secondary data, namely library materials which include library books, legislation, and others. Data will be analyzed by normative analysis method. The theoretical basis used is the rule of law theory, the theory of state sovereignty, the theory of law enforcement and the theory of criminal law. Based on the data analysis, it was concluded that the prevention of leaving the Territory of Indonesia and the arrest of Ratna Sarumpaet which was a forced attempt by the police in coordination with the immigration party were in accordance with applicable regulations, namely as stipulated in the Criminal Procedure Code, Law Number 6 2011 concerning Immigration and Government Regulation Number 31 of 2013 concerning Regulations for the Implementation of Law Number 6 of 2011 concerning Immigration.

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Existence Of Agreement In Foreign Language In The Process Of Verification In The Court

Aksara: Jurnal Ilmu Pendidikan Nonformal ◽

10.37905/aksara.6.3.357-364.2020 ◽

2020 ◽

Vol 6 (3) ◽

pp. 357

Author(s):

Yuhelson Yuhelson ◽

Ramlani Lina Sinaulan ◽

Bambang Utoyo

Keyword(s):

Foreign Language ◽

Legal Theory ◽

Secondary Data ◽

Foreign Languages ◽

Primary Language ◽

Analysis Method ◽

Positive Law ◽

The Law ◽

Legal Consequences ◽

Made In

In line with the increasingly waning of the State borders in trade and business, then currently many trade and business agreements in Indonesia are made or entered into inforeign languages. The law has in principle governed the language of the agreement, in which the Law requires the use of the Indonesian language as the primary language of the agreement, while the secondary language may use language understood by those who do not understand the Indonesian language. The problems a rise when the parties to the agreement do not understand the language arrangements provided for by this law and use Foreign languages as the primary language even further as the only language used in an agreement. This is certainly contrary to the provisions of the law and vulnerable to create new legal problems. The method used is jurical normative, amethod that examines the application of principles or norms in positive law, which examines the legal force of agreement made in private form in a foreign language. The data used are secondary data consisting of primary, secondary and tertiary legal materials. With regard to data analysis was done by using juridical qualitative analysis method. The legal theory used is the legal certainty theory according to Jan Michiel Otto and Substantiation Theory. The results of this study is an agreement made or entered into ina foreign language has no legal substantiation before a Courtof law as they are contrary to the provisions of Article 31 of Law Number 24 of 2009. There fore the legal consequences of an agreement made in private form in a foreign language is considered to be null and void, and as a consequence, such agreement is considered never to exist.

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Law Enforcement in Indonesia in Perspective of Transcendental Legal Justice Paradigm

Journal of Transcendental Law ◽

10.23917/jtl.v2i2.11855 ◽

2020 ◽

Vol 2 (2) ◽

pp. 100-114

Author(s):

Siti Kasiyati

Keyword(s):

Law Enforcement ◽

Islamic Law ◽

Secondary Data ◽

Legal Certainty ◽

Normative Study ◽

Human Welfare ◽

The Public ◽

Literary Research ◽

Substantive Justice ◽

The Law

Law enforcement in Indonesia still leaves various problems, especially regarding the sense of justice. Such as diffable cases dealing with the law, civil cases, especially in the land sector, which relies on property rights certificates, cases of domestic violence (nusyuz).In this case, this study discusses how law enforcement in Indonesia is, and how law enforcement is in the perspective of the transcendental justice paradigm. This research is a literary research using secondary data sources, namely primary and secondary legal materials. This study includes a normative study with a synthetic analytic approach.Based on the results of the analysis, law enforcement in Indonesia, both criminal and civil, is still fixated on legal certainty, thus ignoring substantive justice. This is where a shift is needed from the paradigm of law enforcement based on legal certainty to transcendent justice. This condition can be seen from several decisions that are very formalistic and based on laws, where legal certainty is the front line compared to substantive justice so that justice is not felt by the public. This condition is also strongly influenced by the legal paradigm adopted in Indonesia, namely positivist law or known as the systemic legal paradigm. Transcendental starts from irrational and metaphysical thinking such as emotions, feelings, instincts, moral spirituality and as part of building science. In this context, law enforcement. The perspective of the transcendental legal justice paradigm highlights how the purpose of Islamic law is useful for justice and human welfare. Where the law is based on ethics (morals) so that it can produce substantive justice, not mere formalistic justice, which summarizes the human attitude to be fair to God as the creator, fair to fellow humans and fair to the universe.

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CRIMINAL LIABILITY OF CORPORATE SHAREHOLDERS

International Journal of Law, Government and Communication ◽

10.35631/ijlgc.520004 ◽

2020 ◽

Vol 5 (20) ◽

pp. 69-79

Author(s):

Rr. Dijan Widijowati ◽

Halim Darmawan

Keyword(s):

Law Enforcement ◽

Criminal Liability ◽

Limited Liability ◽

Secondary Data ◽

Company Law ◽

Analysis Method ◽

Piercing The Corporate Veil ◽

The Law ◽

Civil Recovery ◽

Financial Losses

Corporations in the form of Limited Liability Companies in Indonesia are regulated in Limited Liability Company Law No. 40 of 2007 concerning Limited Liability Companies, this Law regulates the liability of corporations and/or shareholders who commit acts against the law, but the liability that can be asked of shareholders does not exceed existing shares. This study uses normative legal research methods. The data used are secondary data consisting of primary legal materials, secondary legal materials, and tertiary legal materials. For data analysis, the qualitative jurisdictional analysis method was used. From this research, it can be found that law enforcement against shareholders who commit acts against the law can be upheld and the outcome is that the action against the law which was originally a civil action and then turned into a criminal act. By using the Piercing, the corporate veil doctrine, shareholders who commit acts against the law can be sentenced to criminal and all their assets to cover the financial losses of the state due to their actions. It is universally applied on the basis of fraudulent acts carried out to rake in personal profit and by implementing civil forfeiture or civil recovery, the proceeds of crimes committed by shareholders are likely to be returned.

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Implementasi Sistem Bagi Hasil Mudharabah pada Koperasi Serba Usaha Amanah Desa Bunobogu Kecamatan Bunobogu Kabupaten Buol

Al-Buhuts ◽

10.30603/ab.v14i01.419 ◽

2017 ◽

Vol 13 (2) ◽

pp. 109-126

Author(s):

Abdul Latif

Keyword(s):

Small And Medium Enterprises ◽

Descriptive Analysis ◽

Secondary Data ◽

Revenue Sharing ◽

Profit Sharing ◽

Primary Data ◽

Analysis Method ◽

Qualitative Descriptive ◽

Medium Enterprises ◽

Made In

This study aims to determine the system for the results of Mudharabah on Business Multipurpose Cooperative (KSU) Amanah Desa Bunobogu with Qualitative Descriptive Analysis method. This study uses primary data sources and secondary data relating to the annual revenue sharing system Mudharabah (2010-2014). The results of this study indicate that the profit sharing system is implemented by the Multipurpose Business Cooperative (KSU) Amanah Desa Bunobogu in the form of Mudharabah financing. With a guarantee statement on the process akadnya. In the event of negligence made by members who resulted in his business losing the goods made in the guarantee will be seized by the cooperative. Businesses that are established by members are mostly small and medium enterprises so often encountered bookkeeping that is not clear and just make a budget booklet at random. However, it does not become alaasan and hamper the growth of cooperatives which each year has increased the remaining results of operations. Unclear budget bookkeeping can result in member earnings manipulation, by lowering the profits earned and the effect on the revenue share installments

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SANKSI YANG DITERIMA OLEH PEJABAT PEMBUAT AKTE TANAH DALAM PEMBUATAN AKTA AUTENTIK YANG CACAT HUKUM (STUDI PUTUSAN: PN JAKSEL NO. 124/PDT.G/2017/PN.JKT.SEL)

Jurnal Hukum Adigama ◽

10.24912/adigama.v2i2.6535 ◽

2019 ◽

Vol 2 (2) ◽

pp. 314

Author(s):

Andi Pratono ◽

Tjempaka Tjempaka

Keyword(s):

Government Regulation ◽

Code Of Ethics ◽

Public Official ◽

Legal Certainty ◽

Legal Research ◽

Community People ◽

Is Theory ◽

The Law ◽

Legal Consequences ◽

Made In

Indonesia is the law of state or law state, as a law state country, Indonesia must have 3(three) important element such as legal certainty, justice, and expediency. Those main elements represent all the law state. In community, people everyday acts always relate to legal act, such as contract, buying or selling object that promised. To ensure those legal act have the ability perfect proof power, those legal act poured in the form of deed. In buying and selling land, a deed of sale and purchase must be made in front authorized official like land deed officer. However land deed officer as public official do make mistake on duty, with the result that party at a disadvantage. Party that loss because of mistake land deed officer, do ask for responsibility by suing the land deed officer to compensate the losses. Land deed officer in carrying out their duties must apply the precautionary principle so as to minimize any mistakes in making the deed. Author is using normative legal research methods, supported by a data which is theory and interviews some expert in land deed officer and Code of Ethics. The legal consequences to the land deed officer due the legal acts are against the law, which is a sanction will be given. The sanction will divided in three types such as sanction according to the Civil Law, Criminal Law and Code of Ethics or Government Regulation about land deed officer.

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Juridical Overview of Unlawful Control of Land Owned by Homeless People

Indonesian Journal of Law and Economics Review ◽

10.21070/ijler.2020.v9.695 ◽

2021 ◽

Vol 9 ◽

Author(s):

Bagus Raharjo S. Hidayat ◽

Ahmad Riyadh U. B.

Keyword(s):

Law Enforcement ◽

Land Tenure ◽

Homeless People ◽

Criminal Code ◽

City Government ◽

Analysis Techniques ◽

Land Owners ◽

Legal Remedies ◽

The Law ◽

Made In

The homeless phenomenon is very disturbing for the community. Moreover, homeless people have carried out land tenure unilaterally and against the law of someone's land. Furthermore, the purpose of this study is to measure the legal wisdom that can be done by land owners controlled by the Homeless. This research is a normative legal research using a statute approach. By using deductive analysis techniques using legal material processing methods in general. So that it can be analyzed legal problems based on facts in the field or in the community. The results of the study can be denied that the law enforcement of land tenure against the law by homeless people. Can be done in litigation or non-litigation. Litigation measures can be made in criminal and civil cases. The criminal mechanism is carried out by reporting to the police regarding the criminal law stipulated in Article 167 and Article 385 of the Criminal Code. A civil mechanism, the ruler of land and / or buildings thereon can be sued on the basis of an unlawful act along with an application for vacant land Non-litigation legal remedies can be made through complaints to the Satpol PP in the jurisdiction (locus) of the owner of the land rights. Satpol PP is an extension of the Ministry of Social Affairs and Provincial, Regency or City Government.

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KEDUDUKAN ADVOKAT DALAM PASAL 5 UNDANGUNDANG NOMOR 18 TAHUN 2003 TENTANG ADVOKAT PERSPEKTIF HUKUM

JURISDICTIE ◽

10.18860/j.v5i2.4019 ◽

2017 ◽

Vol 5 (2) ◽

pp. 188

Author(s):

Adib Khoirul Umam

Keyword(s):

Law Enforcement ◽

Islamic Law ◽

Legal Theory ◽

Secondary Data ◽

Primary Data ◽

High Quality ◽

Positive Law ◽

The Law ◽

Article 5

This study aims to determine how Islam views which in this case is limited only four schools of opinion about the position of an advocate as law enforcement. In Islam indeed advocates known as providers of legal bantuah namely Hakam, mufti and mashalih alaih that functions similar to advokat.Penelitian function is called normative research with descriptive methods comparative analysis between positive law and Islamic law, namely Law No. 18 2003 and scholarly opinion four schools as primary data. Secondary data were taken from books or books that explain the legal theory of primary data. Article 5 of Law No. 18 of 2003 on lawyers has been explained that the position of advocate parallel with other law enforcement such as judges, prosecutors and police. But in fact appear black advocates not to enforce the law but instead became mafias that sell traded equity law. For it will be studied how exactly Islam's view of the position of Advocates with the formulation of the problem sebegai follows, first how the views of Islamic law for the position of advocate in Article 5 of Law No. 18 of 2003 on advocates, who both like where the relevance of Islam's view of the position of advocate in enforcement law in Indonesia. From research conducted authors argue for their refisi against the law number 18 of 2003 on advocates. alignment between advocates and other law enforcement must be followed by the high quality of an advocate and supervision of the performance of lawyers in order to minimize the occurrence of fraud in practice in providing legal aid.Penelitian ini bertujuan untuk mengetahui bagaimana pandangan Islam yang dalam hal ini hanya dibatasi pendapat empat madzhab tentang kedudukan advokat sebagai penegak hukum. Dalam Islam memang advokat dikenal sebagai lembaga pemberi bantuah hukum yaitu hakam, mufti dan mashalih alaih yang secara fungsi hampir sama dengan fungsi advokat. Penelitian ini disebut penelitian normatif dengan metode deskriptif analisis perbandingan antara hukum positif dan hukum Islam, yaitu undang-undang nomor 18 tahun 2003 dan pendapat ulama empat madzhab sebagai data primer. Data sekunder diambil dari kitab-kitab atau buku-buku teori hukum yang menjelaskan tentang data primer. Dari penelitian yang dilakukan penulis berpendapat perlunya adanya refisi terhadap undang-undang nomor 18 tahun 2003 tentang advokat. kesejajaran antara advokat dan penegak hukum lainya harus diikuti dengan tingginya kualitas seorang advokat dan pengawasan terhadap kinerja advokat agar bisa meminimalisir terjadinya penyelewengan dalam praktiknya dalam memberi bantuan hukum.

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Application Of Integrated Electronic Licensing (Online Single Submission) In Pekalongan City

Jurnal Daulat Hukum ◽

10.30659/jdh.v3i1.8680 ◽

2020 ◽

Vol 3 (1) ◽

pp. 245

Author(s):

Aynun Nurmayanti ◽

Widayati Widayati

Keyword(s):

Data Analysis ◽

Digital Signature ◽

Government Regulation ◽

Transition Period ◽

Descriptive Analysis ◽

Secondary Data ◽

Study Data ◽

Primary Data ◽

Analysis Method ◽

Literature Study

This study aims to determine and analyze licensing arrangements that seek to be integrated electronically (Online Single Submission-OSS) in legislation, the application of OSS in Pekalongan City, and to know and analyze the constraints of OSS implementation in Pekalongan City and its solutions. This study uses a sociological juridical approach with descriptive analysis research specifications. The data used are primary data and secondary data obtained through interviews and literature study. Data analysis method used is qualitative analysis. Furthermore, based on the results of the study it can be concluded: that 1) Government Regulation Number 24 of 2018 On Electronically Integrated Business Licensing seeks to regulate all licenses in Indonesia, but in practice the implementation can only reach a portion of licensing in Indonesia; 2) The issuance of PP 24/2018 does not regulate the transition period of its enactment, the OSS system is not ready, the NSPK has passed the stipulation 15 (fifteen) days since the issuance of the PP, the OSS system has not used Digital Signature, and the weak aspects of supervision, and inefficiency in obtaining permits.Keywords: OSS; Integrated Business Licensing; PP; NSPK.

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Urgensi Saksi Pelaku yang Bekerjasama (Justice Collaborator) dalam Tindak Pidana Korupsi

Jurnal Interpretasi Hukum ◽

10.22225/juinhum.1.1.2207.179-185 ◽

2020 ◽

Vol 1 (1) ◽

pp. 179-185

Author(s):

Ni Luh Made Dwi Pusparini ◽

A. A. Sagung Laksmi Dewi ◽

I Made Minggu Widyantara

Keyword(s):

Law Enforcement ◽

Social Life ◽

Government Regulation ◽

Legal Protection ◽

The State ◽

Major Influence ◽

Criminal Sanctions ◽

The Supreme Court ◽

The Law ◽

Article 5

The State of Indonesia appears as a State of Law meaning that State power is exercised according to applicable laws so the law applies to all aspects of social life that lead to the creation of an objective of the law. As a consequence of the weakness of the law in the State of Indonesia there are still a large number of crimes that are developing, including the criminal acts of corruption as one of organized crimes. Not only have corruption crimes developed in Indonesia but also in other countries. As a result, in tackling the emergence of the criminal acts of corruption, it is necessary to have perpetrators cooperating as witnesses with law enforcement authorities in terms of revealing the main perpetrators and others so it has a major influence on the corruption case. Using the normative legal research method, this research examines the urgency of regulating witnesses of collaborating perpetrators in a the criminal act of corruption and the criminal sanctions against witnesses of collaborating perpetrators in criminal acts of corruption. The results show that in positive Indonesian law there are regulations regarding Justice Collaborator in Government Regulation No 71 Article 5 Paragraph (2) of 2000 regulating the rights and legal protection of every witness, criminal reporter / witness who reports. Whereas judges’ considerations in imposing criminal sanctions on justice collaborators in the criminal acts of corruption which are based on Law No. 20 of 2001 related to Law No. 31 of 1999 concerning Eradicating Corruption Crimes and is contained in the Supreme Court Circular No. 4 of 2011 in specific actions regarding Criminal Sanctions namely providing relief in other forms of protection.

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PRIMUM REMEDIUM ACTION SANCTIONS AGAINST CHILDREN IN CONFLICT WITH THE LAW

Cepalo ◽

10.25041/cepalo.v5no2.2362 ◽

2021 ◽

Vol 5 (2) ◽

pp. 107-120

Author(s):

Mashuril Anwar

Keyword(s):

Criminal Justice ◽

Law Enforcement ◽

Criminal Justice System ◽

Justice System ◽

Secondary Data ◽

Best Interests ◽

Correctional Institutions ◽

State Budget ◽

Criminal Sanctions ◽

The Law

Criminal sanctions are more popular than action sanctions at the application level. Action sanctions formulation is regulated in Articles 82 and 83 of the Juvenile Criminal Justice System Law, while criminal sanctions are the last resort. However, criminal sanctions are still the "prima donna" in law enforcement practices against children in conflict. This condition raises various problems such as the overcapacity of correctional institutions, burdens the state budget, and creates a stigma against children in conflict with the law. Because the purpose of implementing the juvenile criminal justice system is in the child's best interests, action sanctions should be prioritised, even though criminal sanctions are needed in law enforcement against children in conflict with the law. Therefore, an idea emerged to restore criminal sanctions as ultimum remedium and strengthen action sanctions as primum remedium. The problem discussed in this study is how to implement primum remedium action sanctions against children in conflict with the law? And how to strengthen primum remedium action sanctions against children in conflict with the law? This study uses a normative juridical, an empirical juridical, and a comparative methods. The data in this article are sourced from primary and secondary data processed through description, prescription, and system. The results indicate that criminal sanctions still dominate judges' decisions in children in conflict with the law, and action sanctions are complementary sanctions because it is rarely applied.

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