scholarly journals ANALISA FAKTOR YANG MEMPENGARUHI HAKIM DALAM MENETAPKAN HUKUMAN PIDANA BAGI PENGGUNA NARKOBA DI BAWAH UMUR

2018 ◽  
Vol 1 (1) ◽  
pp. 1-10
Author(s):  
Derry Angling Kesuma
Keyword(s):  
Qualitative Research ◽  
Public Opinion ◽  
Law Enforcement ◽  
Secondary Data ◽  
Political Influence ◽  
Drug Abusers ◽  
Literature Study ◽  
Normative Approach ◽  
Influence Effect ◽  
Research Analysis

Drug cases among teenagers show an increasing number, the cases handled by the courts are varied. This study is to analyze various factors that influence judges to determine the focus of punishment for drug abusers who are underage. This research is a qualitative research with a juridical-normative approach. The data used in the form of secondary data. Data were collected through interviews and literature study, the number of respondents in this study revealed 10 court judges who had handled drug cases committed by minors. From the results of research analysis, what is said that in deciding drug cases is under assessment by various factors, including: political influence, effect of law enforcement, and influence of public opinion and media.

scholarly journals Review Strategis Upaya Pengamanan Laut Nasional Menuju Keamanan Maritim dan Pengelolaan Ruang Laut Indonesia

Rekayasa ◽  
2021 ◽  
Vol 14 (3) ◽  
pp. 443-449
Author(s):  
Okol Sri Suharyo ◽  
Avando Bastari
Keyword(s):  
Data Analysis ◽  
Law Enforcement ◽  
Secondary Data ◽  
State Institution ◽  
Maritime Security ◽  
Literature Study ◽  
Study Approach ◽  
Legal Legitimacy ◽  
Strategic Role ◽  
The Republic

The Republic of Indonesia as a world maritime country and an archipelagic country which has 17,504 islands whose territorial area is dominated by the ocean. As a maritime country, Indonesia has 4 (four) points that become international chokepoints, namely the Malacca Strait, Sunda Strait, Lombok Strait and the Ombai-Wetar Strait. Indonesia has established three Indonesian Archipelagic Sea Lanes (ALKI) for the peaceful passage of international shipping, which are guaranteed by international and national law. The Indonesian Maritime Security Agency is a Non-Ministerial State Institution whose position is under and directly responsible to the President and has the authority to enforce the law at sea and is justified by law, so that with the issuance of Law Number 32 of 2014 concerning Marine Affairs and Presidential Regulation Number 178 of 2014 concerning the Indonesian Maritime Security Agency, it can be interpreted that there is legal legitimacy for the Indonesian Maritime Security Agency in carrying out its duties, functions and authorities to carry out law enforcement against special crimes at sea. This study aims to explore Indonesia's strategic role in law enforcement at sea towards national maritime security and resilience. The method used is a literature study approach and the data analysis technique used is a qualitative data approach by conducting secondary data analysis to explain the findings obtained. This research produces findings in the form of an analysis of Indonesia's strategic role in law enforcement at sea towards maritime resilience and security both nationally and regionally.

scholarly journals LEGAL POLITICS OF WAQF-REGULATION IN INDONESIA

2019 ◽  
Vol 6 (1) ◽  
pp. 153-170
Author(s):  
Havis Aravik ◽  
Nur Rohim Yunus ◽  
Dwi Sulastyawati
Keyword(s):  
Qualitative Research ◽  
Secondary Data ◽  
Research Data ◽  
Government Policies ◽  
Economic Empowerment ◽  
Normative Approach ◽  
Citizen Empowerment ◽  
Library Resources ◽  
The Government

The study investigates the government policies in the waqf's regulation in Indonesia and the essence of waqf as an important instrument of economic empowerment in Islam. The study aims to provide solutions to the lack of the benefits of waqf for people's welfare, especially in terms of economic empowerment. It is qualitative research with a normative approach. The research data used is the secondary data from library resources. An analysis of the data is by interpreting the concept. The result of this study shown that waqf has played a major role in citizen empowerment from the time of God's messenger, Muhamad peace be upon him until now, even the benefits of a waqf can still be felt up to today.   Keywords: waqf, political law, legislation.

PEMBAHARUAN HUKUM ISLAM DI MESIR DAN SUDAN: STUDI KOMPARASI

2021 ◽  
Vol 2 (3) ◽  
pp. 1
Author(s):  
Asrizal Saiin ◽  
Hasbi Umar ◽  
Hermanto Harun
Keyword(s):  
Qualitative Research ◽  
Research Method ◽  
Islamic Law ◽  
Secondary Data ◽  
Western Civilization ◽  
Normative Approach ◽  
Western Imperialism ◽  
Secondary Data Source ◽  
Data Source

This paper discusses how the renewal of Islamic law occurred in Egypt and Sudan. This study uses a qualitative research method with a normative approach. The data source used in this study is a secondary data source, because it only examines the literature or literature. From the results of this study, it can be understood that the role of the countries of Egypt and Sudan in fighting for qanunization (taqnin) and the formalization of Islamic law is very large. Even though they have to go through the challenges of Western imperialism and secularism, so that Islamic societies and countries have variations in responding to Western civilization today. The renewal of Islamic law in Egypt and Sudan occurred because of the struggle of Muslims in Egypt and Sudan with the rulers of the Islamic world, between secularism and Islamic law.

scholarly journals Corruption in Brazilian Public Administration: A Study on the Perception of Law Enforcement Agents

2018 ◽  
Vol 8 (2) ◽  
pp. 119
Author(s):  
Camilla Fernandes ◽  
Bernardo Meyer
Keyword(s):  
Qualitative Research ◽  
Law Enforcement ◽  
Public Administration ◽  
Social Participation ◽  
Secondary Data ◽  
Organizational Studies ◽  
Complex Phenomenon ◽  
Organizational Life ◽  
Depth Interviews

Corruption is a complex phenomenon that confronts all types of organizations. It also takes place in the underground of the organizational life. However, due to the difficulty in obtaining data it is not as researched and studied as it should be in organizational studies. The goal of this paper is to analyze the corruption in Brazilian public administration based upon the perception of law enforcement agents. The paper is based on qualitative research which used primary and secondary data, however most part of the data was obtained in depth interviews with 12 Brazilian law enforcement agents. The results of the research point out seven main findings. The interviewees also highlighted that corruption can be seen in all areas of citizen's life, including in daily practices, so it is important to find new forms to combat Transparency, greater social participation, control and punishment were listed as the main elements to be explored in the fight against corruption. The main contribution of this article is to discuss the limitations of the rationality of law enforcement agents in relation to a complex phenomenon, as corruption in public administration, in a country with high corruption incidence, as Brazil.

scholarly journals PERTIMBANGAN HAKIM DALAM MEMUTUSKAN PERKARA DISPENSASI NIKAH BERDASARKAN ANALISIS MASLAHAH (Studi Penetapan Hakim No. 266/Pdt.P/2020/PA.Pwr di Pengadilan Agama Purworejo)

2021 ◽  
Vol 3 (1) ◽  
pp. 131-144
Author(s):  
Waluyo Sudarmaji
Keyword(s):  
Qualitative Research ◽  
Secondary Data ◽  
Technical Analysis ◽  
Qualitative Approach ◽  
Primary Data ◽  
Normative Approach ◽  
Primary Data Source ◽  
Data Source ◽  
Husband And Wife

In the event that the prospective bride and groom will hold a marriage registered at the local Office of Religious Affairs If the age is less than 19 years, it will be rejected because the marriage conditions are not fulfilled. Because the marriage is considered urgent to be carried out, then parents or guardians can apply for a marriage dispensation at the Religious Court. Marriage dispensation is an application for ratification of a marriage that will take place by the prospective bride and groom or one of the prospective brides who are not old enough to marry. This research is the result of research on the consideration of judges in deciding the case of marital dispensation with the analysis of maslahah with the main problem of consideration of judges in deciding the case and the analysis of maslahah. This research is analitive descriptive qualitative research with normative approach, data source used by primary data source in the form of interviews, observations, and secondary data in the form of court determination. The technical analysis of data used is qualitative approach to primary data and secondary data. The purpose of this research is what the judge considered in the Purworejo Religious Court in granting the application for marital dispensation on the determination No. 266/Pdt.P/2020/PA/Pwr, and to find out the determination of judges in the Purworejo Religious Court regarding marital dispensation which is analyzed through maslahah. Based on the results of the research conducted, it can be concluded that the consideration of the judge in granting the request for marital dispensation is on the grounds that the marriage is urgent to be done, between the husband and wife there is no obstacle to marriage and the two families have approved each other. In the analysis maslahah consideration of judges included in the maslahah doruriyah because to maintain religion and descendants.

scholarly journals Legal Protection of Industrial Design Information and Communication Technology Based on Creative Economy to Improve Community Competitiveness

Yuridika ◽  
2019 ◽  
Vol 34 (2) ◽  
pp. 194
Author(s):  
Abdul Atsar
Keyword(s):  
Law Enforcement ◽  
Industrial Design ◽  
Legal Protection ◽  
Secondary Data ◽  
Study Data ◽  
Protection System ◽  
Creative Economy ◽  
Literature Study ◽  
Technological Advances ◽  
Design Law

Law is very influenced on the development of Technology. The current legal tool has no readiness so that it can not keep up with the rapid technological advances. The purpose of this study is to analyze the application of regulation on protection system and law enforcement of ICT design based on creative economy to improve people's competitiveness. Research is a normative juridical study. The approach of this research is the approach of legislation, concepts and cases. This research is analytical descriptive. This study, using secondary data sources. Technique of collecting data with literature study. Data analysis technique by qualitative normative descriptive method.The regulation of the legal protection system of industrial design of ICT, in Law no. 31 Year 2000, has not been regulated explicitly about the element of novelty, the application of constitutive stelsel cause obstacles. The law enforcement of ICT design is not yet effective, because of three aspects: 1) The legal substance aspect is not yet explicitly regulated about the novelty element in Industrial Design terms and the qualification and classification of the object of Right, the substantive requirement of Right of Industrial Design, the provisions of sanctions that distinguish between rights violations caused by the substance of the "same" and "similar" Industrial Design Designs registered for commercial purposes; 2) the aspect of its law enforcers, there is no appeal commission of industrial design, law enforcers have not understood the substance of the provisions of industrial design law; 2) Legal culture aspect. Indonesian society is still communal.

scholarly journals TATA CARA PENYAJIAN TARI PERSEMBAHAN BUNGO DALAM ACARA PENYAMBUTAN TAMU DI KABUPATEN BUNGO PROVINSI JAMBI

2020 ◽  
Vol 9 (2) ◽  
pp. 55
Author(s):  
Lidya Indrawati ◽  
Indrayuda Indrayuda
Keyword(s):  
Qualitative Research ◽  
Data Analysis ◽  
Descriptive Analysis ◽  
Secondary Data ◽  
Analysis Data ◽  
Literature Study ◽  
Initial Stage ◽  
Main Instrument

This study aims to reveal the procedures for presenting Persembahan Bungo dance in a guest welcoming event in Bungo Regency, Jambi Province. This is a qualitative research resulting descriptive analysis data. The main instrument in this study was the researcher itself and was assisted by supporting instruments such as writing instruments and cameras. The data used were primary and secondary data. The data were collected through literature study, observation, interview, and documentation. The data analysis was conducted bycollecting the data, reducing the data, presenting the data, and making conclusion. The results show that Persembahan Bungo dance has parts and sequences in each presentation. They are preparation before performing, initial stage, during the performance, and the end of the performance.Persembahan Bungo dance has 9 movements: Sembah Penghormatan, gerak selamat datang, sembah paduko, lenggang, putri malu, berinai, limbai, zapin bungo, and mambuko pagar ayu. The rules for performing Persembahan Bungo dance are compiled by custom or according to the customary rules in Bungo Regency, are in accordance with the motto of Bungo Regency, and pay attention to the values in a reception. For example, in the rule of washing betel, the betel must be washed first by the queen. This symbolizes cleanliness, purity, and respect for the welcomed guests by people of Bungo regency.Keywords: presentation, bungo dance, guest welcome

scholarly journals Law Enforcement Efforts against the Crime of Body Shaming Through Mediation

2021 ◽  
Vol 1 (2) ◽  
pp. 101
Author(s):  
Elsa Intan Pratiwi
Keyword(s):  
Social Media ◽  
Law Enforcement ◽  
Data Collection ◽  
Qualitative Analysis ◽  
Criminal Law ◽  
Secondary Data ◽  
Self Esteem ◽  
Criminal Code ◽  
Literature Study ◽  
Collection Method

This study aims to analyze the forms of action that are categorized as body shaming crimes and criminal law enforcement against body shaming crimes on social media. This study uses a normative juridical approach. The data used is in the form of secondary data consisting of primary and secondary legal materials. The data collection method uses literature study and descriptive qualitative analysis. The results of this study indicate that, the forms of action that are categorized as body shaming crimes, namely: the words uttered contain elements of physical insult and have humiliated and lowered one's self-esteem because they can be seen/witnessed by many people, making them feel sad and depressed. Perpetrators of body shaming can be charged under Article 315 of the Criminal Code, with a maximum imprisonment of four months and two weeks or a maximum fine of four thousand and five hundred rupiahs. And if it is done on social media, the perpetrator can be charged under Article 27 paragraph (3) jo. Article 45 paragraph (3) of the ITE Law with a maximum imprisonment of four years and/or a maximum fine of seven hundred and fifty million rupiah. The police also offer a settlement process in a non-litigation context, namely by maximizing penal mediation to reduce the build up of cases in court.

scholarly journals Perubahan Makna terhadap Pasal 2 dan 3 Undang-Undang Nomor 31 Tahun 1999 Pasca Putusan Mahkamah Konstitusi

2018 ◽  
Vol 15 (3) ◽  
pp. 502
Author(s):  
Vidya Prahassacitta
Keyword(s):  
Law Enforcement ◽  
Secondary Data ◽  
Court Decision ◽  
Constitutional Court ◽  
Legal Problem ◽  
Literature Study ◽  
Public Officials ◽  
Legal Research ◽  
Original Meaning ◽  
Before And After

Permasalahan dalam penelitian ini, pertama: makna Pasal 2 ayat (1) dan Pasal 3 UU No. 31 Tahun 1999 pra dan pasca dikeluarkannya Putusan Mahkamah Konstitusi No. 25/PUU-XIV/2016. Kedua, penerapan Pasal 2 ayat (1) dan Pasal 3 UU No. 31 Tahun 1999 pra Putusan Mahkamah Konstitusi No. 25/PUU-XIV/2016. Ketiga, efek dikeluarkannya putusan Mahkamah Konstitusi tersebut dalam meminimalisir kriminalisasi perbuatan pegawai negeri sipil atau pejabat publik. Penelitian ini merupakan penelitian hukum dengan pendekatan yuridis normatif. Sebagai penelitian kualitatif maka data yang dipergunakan merupakan data sekunder yang terdiri dari data hukum primer, sekunder dan tertier yang diperoleh dari studi kepustakaan. Hasil penelitian menunjukkan bahwa putusan mahkamah konstitusi tersebut telah mengubah rumusan delik dari formil menjadi materiil yang menjadikan makna pasal tersebut semakin menjauh dari makna awalnya. Pada akhirnya, keluarnya putusan mahkamah konstitusi tersebut tidak dapat memecahkan permasalahan hukum yang telah ada sebelumnya bahkan putusan tersebut berpotensi menimbulkan permasalahan baru yang dapat menghambat proses penegakan hukum dalam pemberantasan tindak pidana korupsi di Indonesia.The problems on this research are, first: the meaning of Article 2 paragraph (1) and Article 3 UU No. 31 Year 1999 before and after Constitutional Court Decision Number 25/PUU-XIV/2016. Second, the application of Article 2 paragraph (1) and Article 3 UU No. 31 Year 1999 before Constitutional Court Decision Number 25/ PUU-XIV/2016. Third, the effects of Constitutional Court Decision in minimizing criminal actions conducted by civil servants and public officials. This research is a legal research using normative legal approach. As qualitative research, this research uses secondary data consist of primary, secondary, tertiary legal data collected from literature study. The results show that the constitutional court decision has changed the formulation of the offense from formal to material which makes the meaning of the article different from its original meaning. At last, the constitutional court deciasion could not solve the existing legal problem, but contrary it potentially creates a new problem which obstructs law enforcement process in combating corruption in Indonesia.

scholarly journals ANALISIS YURIDIS PENGATURAN IDEAL PENINJAUAN KEMBALI PERKARA PIDANA PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 34/PUU-XI/2013

2018 ◽  
Vol 5 (2) ◽  
Author(s):  
Agung Barok Pratama ◽  
Aminah . ◽  
Mohammad Jamin
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Judicial Review ◽  
Secondary Data ◽  
Court Decision ◽  
Constitutional Court ◽  
Court Decisions ◽  
Literature Study ◽  
Law Enforcement Officials ◽  
The Ideal

<p>Abstract<br />This article  discusses the ideal setting reconsideration after the Constitutional Court decision No. 34/PUU-XII/2013. This research is legal (judicial) normative, namely by reviewing library materials (literature study). Therefore, the data used in this research is secondary data, which includes the primary legal materials, secondary, and tertiary. The results of this study showed that realizing an ideal regulatory application for review should be conducted, first, the MA should retract SEMA 7 2014 it is necessary to avoid confusion law enforcement officials and people seeking justice so as to interfere with the judicial system. If want to make additional rules to facilitate the course of justice, the MA should be poured in the form of PERMA. Second, by accelerating the process of PK and execution. Thirdly, provision PK in the future submission must be adapted to the Constitutional Court decision No. 34/PUU-X/2013. That way the material truth and justice will actually be realized.</p><p>Keywords: Judicial Review; Justice; Rule of Law; Supreme Court Decisions.</p><p>Abstrak<br />Artikel ini meneliti tentang pengaturan ideal peninjauan kembali pasca putusan Mahkamah Konstitusi No. 34/PUU-XII/2013.Penelitian ini merupakan penelitian hukum (yuridis) normatif, yaitu dengan mengkaji bahan-bahan pustaka (studi kepustakaan). Karena itu, data yang digunakan dalam penelitian ini adalah data skunder, yang mencakup bahan hukum primer, skunder, dan tersier. Hasil Penelitian ini menunjukan bahwa, demi menwujudkan suatu peraturan yang ideal permohonan peninjauan kembali maka perlu dilakukan, pertama, MA harus menarik kembali SEMA No.7 Tahun 2014 hal ini ini diperlukan agar tidak terjadi kebingungan aparat penegak hukum dan masyarakat pencari keadilan sehingga dapat mengganggu sistem peradilan. Kedua, dengan mempercepat proses PK dan eksekusinya. Ketiga, ketentuan pengajuan PK kedepanya harus disesuaikan dengan putusan MK No. 34/PUU-XI/2013. Dengan begitu keadilan dan kebenaran materiil akan benar-benar dapat diwujudkan.<br />Kata kunci: Peninjauan Kembali, Keadilan, Kepastian Hukum, Putusan Mahkamah Agung</p>

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