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Published By Universitas Pasundan

2442-2274, 0853-7100

LITIGASI ◽  
2021 ◽  
Author(s):  
Hario Danang Pambudhi ◽  
Hanifah Alya Chaerunnisaa

Starting from the state's concern about the increasing numbers of sexual violence against children, the government has issued a chemical castration policy for perpetrators of sexual violence against children as an additional punishment or treatment. In general, children are a group vulnerable to sexual violence. This is because children are deemed unable to defend themselves and inadequate sex education in Indonesia. Through this research, the researchers tried to see whether the implementation of the castration policy can be the right form of punishment. By using the normative juridical method through an approach to legal principles with qualitative data analysis presented in a descriptive-analytical manner, the researchers found that the chemical castration policy against perpetrators of sexual violence against children actually injures the concept of criminal law reform which is currently on the country's big agenda to create criminal law in accordance with the values ​​of Pancasila, namely peace. The chemical castration policy is also a form of state neglect of the rights of victims and the rights of perpetrators which should be accommodated properly, without having to use chemical castration as a solution. Keyword: Chemical castration, Balance, Victims, Criminal law reform, Perpetrators.


LITIGASI ◽  
2021 ◽  
Author(s):  
Marli Candra ◽  
Nada Fitriyah Alifiana

COVID-19 has changed the structural behavior of the world community, including the increasing spread of hoax. The massive spread of hoaxes and the abundance of available information has confused the community in indicating which information is correct or hoax. This paper uses a qualitative method with an analytical-descriptive approach. The author emphasizes the aspect of in-depth understanding of a problem by reviewing and analyzing scientific works and various scientific literature. The central factors of this research are facts related to the COVID-19 fake news and the identification of the impact of the spread of the false news. The study found that the huge number of hoaxes related to COVID-19 caused collective victimization, namely the community. Unclear information results in civil resilience. This resilience raised the community resistance regarding government policies in minimizing the impact of COVID-19 on public health in general.


LITIGASI ◽  
2020 ◽  
pp. 1-29
Author(s):  
Yuwono Prianto ◽  
Rasji Rasji ◽  
Benny Djaja ◽  
Narumi Bungas Gazali

Thisstudy of natural resource management under the Article 33 of the 1945 Constitution ismore motivated by economic justice where the management of natural resource always ignores the environmental aspects as such that the state fails to protect the community. The state should significantly increasethe prosperity and welfare of the people. Environmental aspects become the last criteria in promulgatingeconomic policies and production processes atmacro and micro scale in the mining sector. The existence of PETI is generated by internal and external triggering factors. Community believes that mining commodities in the surrounding area can stimulateprosperitywhile the quality of human resources is generally low and financial capacity is limited. This eventually triggered the emergence of illegal people's mining practices. Technical requirements for granting IPRmentioned in the Article 48 Paragraph 2 letter b of Governmental Regulation No. 23, 2010 is difficult to meet by community miners. Under Article 9 Paragraph (3) jis Article 11 Paragraph (1), Article 13 Paragraph (3) letter (e)of Law No. 23, 2014 regarding Regional Government, energy and mineral resource issues is included inconcurrent Administrationaffairs. Central Government, in passing its policy shouldconsiderlocal wisdom while paying attention to national interests


LITIGASI ◽  
2020 ◽  
pp. 80-103
Author(s):  
Rizky Jayuska

Article 4 paragraph 1 of the 1945 Constitution concerning the President of the Republic of Indonesia holds governmental authority under the Constitution. However, Governor elected sometimes set up policies ultra viresfor they thought that they held legitimacy to exercise the power from their consituents. Poor coordination between Cabinet and the Governor and program mismatched implicated in bad development program and public service in the region. President, in the context of presidentialism, is the apex of hierarchy. The Cabinet must be loyal to the president not to other patrons. Proposal to grant a ministerial power level of position and role to the Governor or to provide seats for Governor and Deputy Governor at the cabinet meeting is worth a consideration. In addition to lessen the miscommunication with the Cabinet, it is also to ease the works of the Cabinet in the regions. Governor and the Cabinet would have a good relationship whenever the program and policy of the Cabinet are transparently conveyed to all governors and when people are also informed. Participation should be developed on the ground of freedom of speech. Therefore, the decision-making process in the Cabinet that was formerly hierarchical will shift to the process involving the entire people of Indonesia. Certainly, the mechanism of this participation would be easier if the representative of the governor or the Governer seats in the Cabinet and vice versa


LITIGASI ◽  
2020 ◽  
pp. 30-59
Author(s):  
Alvon Christanto

Extradition is one of the measures undertaken to demonstrate the ability of a country to optimize law enforcement upon the citizen committing criminal offense. Some issues in extradition discussed are (1) no arrangement(i) no arrangement regarding the deadline required to complete an extradition process, (ii) the extradition process in Indonesia has failed to reflect the government's intentionto optimizelaw enforcement measures. To note, optimal law enforcement activities will provide a state of political stability, prevent economic decline and or unstable circumstances, and the main objective is to maximize social welfare. The author usednormative juridical methods of research conducted by using the data and information contained in the legislation and literature. The conclusionwas drawndeductivelyusing coherentcriterium of truth. By dissectingthe rules on extradition of which is the basis of the promulgationof the extradition law, it is expected to createa regulation that prioritizes the welfare of the people of Indonesia. In addition, in conducting extradition, Government shouldbe stricts, but maintaininga good bargaining position beneficial forits side.


LITIGASI ◽  
2020 ◽  
pp. 104-127
Author(s):  
SYNTHIANA RACHMIE

Digital forensic is part of forensic science being used for investigation and cases inquiry in terms of digital datafinding. This research focusedon understandingthe application of investigator’s expertise on digital forensic to support identification process of a case to obtain evidence in a relatively fast and precise time and to reveal the motive and mens rea behind the act of the offender. Conceptual approach was used in this research alongsidethe case approach. The findings showed that digital forensic science has been applied by investigators however it cannot be maximal for it also depends on what case the investigator is working on. In the case of website hacking, investigator used internet/network forensic through surveillance and collecting evidence as leads. It is suggested that every investigator should learn and master digital forensic science to support their expertise and other non-legal knowledge and it is vital to provide sufficientfacilities and infrastructures to obtain a comprehensive investigation.


LITIGASI ◽  
2020 ◽  
pp. 128-146
Author(s):  
RANTI FAUZA MAYANA ◽  
TISNI SANTIKA

It is such an irony that Indonesia, as one of the biggest archipelagic countries blessed with unique and vary geographical conditions along with great potential to develop high quality product combined with creativity, social and cultural factors,remains in struggle to formulate and develop local creativity and collectivity as the people’s economy pillars with significant benefits. In accordance with those facts, this research aimedto provide critical conceptual ideas for Geographical Indications utilization as the part of intellectual property rooted from locality but has been internationally accepted. The findingsshowedthat Geographical Indication products posses utter potential to play the determinant role in creating trickle-down effect and bottom-up economic development instrument through the sharing of economic framework. Furthermore, digital disruption era offersan effective platform for product development and promotion in a collaborative spacein generating income, creatingjob vacancy, povertyelevation, community empowermentand development


LITIGASI ◽  
2020 ◽  
pp. 60-79
Author(s):  
Tia Ludiana

A number of criminal laws in Indonesia impose capital punishment including the KUHP. Death penalty has raised pros and cons in its imposement while countries around the world has abolished the penalty. Indonesia, however, seems to keep this provision applies as seen in the articles of the RUU KUHP that imposes capital punishment even though it is slightly different in nature from what is in KUHP. This writing aimed to learn about the existence of the capital punishment through its development from it is in the KUHP and in RUU KUHP. The findings of thisresearch showed that death penalty regulated in the KUHP is punishment for major crimes while in RUU KUHP it is specified for crimes with alternative enforcement. The capital punishment, therefore will remain imposed by Indonesian authority even though the future application will be different


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