scholarly journals Pertanggungjawaban Pidana dalam Tindak Pidana Penyeludupan Ballpress di Wilayah Perairan Selat Malaka di Sumatera Utara

2021 ◽  
Vol 4 (2) ◽  
pp. 782-792
Author(s):  
Windianto Windianto ◽  
Ediwarman Ediwarman ◽  
Muhammad Citra Ramadhan
Keyword(s):  
Criminal Law ◽  
Research Method ◽  
Trading System ◽  
Domestic Industry ◽  
Legal Rules ◽  
Excess Production ◽  
The Republic ◽  
North Sumatra ◽  
Industry Conditions ◽  
Malacca Strait

This article aims to examine and analyze the legal rules governing the criminal act of ballpress smuggling, and how the factors that cause ballpress smuggling in the waters of the Malacca Strait in North Sumatra, and how the policies are taken against ballpress smuggling in the waters of the Malacca Strait in Sumatra. North. The problem is focused on how the laws governing the criminal act of ballpress smuggling and the factors causing ballpress smuggling as well as the policies implemented in handling the crime of ballpress smuggling. The research method in this paper is a normative legal research method. The data were collected through primary, secondary and tertiary data sources, then analyzed using qualitative analysis methods. This study concludes that the legal rules regarding the criminal act of ballpress smuggling are as follows: (a) Law Number 17 of 2006 concerning Amendments to Law no. 10 of 1995 concerning Customs. (b) Law Number 8 of 1999 concerning Consumer Protection (UUPK) (c) Regulation of the Minister of Trade of the Republic of Indonesia Number 51/M-DAG/PER/7/2015 of 2015 concerning the Prohibition of the Import of Used Clothing (d) Decree of the Minister of Industry and Trade No.732/MPP/Kep/10/2002 concerning Textile Import Trading System. The factors causing ballpress smuggling in the waters of the Malacca Strait in North Sumatra are: (a) Geographical Factors, (b) Domestic Industry Conditions. (c), Natural Resources (SDA), (d) Excess Production, (e) Transportation, (f) Mentality, (g) Society. The policies taken against ballpress smuggling in the waters of the Malacca Strait in North Sumatra are: (a) The penal route, namely by applying criminal law (criminal law application), (b) The non-penal route.

scholarly journals Yuridis Tindak Pidana Tanpa Hak Membawa Senjata Tajam pada Putusan Nomor 538/PID.SUS/2018/PN.MDN

2021 ◽  
Vol 4 (2) ◽  
pp. 1057-1065
Author(s):  
Bram Candra ◽  
Ediwarman Ediwarman ◽  
Taufik Siregar
Keyword(s):  
Criminal Law ◽  
Research Method ◽  
Public Awareness ◽  
Descriptive Analysis ◽  
Penal Policy ◽  
Legal Rules ◽  
The Republic ◽  
The Right ◽  
National Police ◽  
The City

This study aims to find out about criminal acts without the right to carry sharp weapons in Medan City and criminal law policies against people without the right to carry sharp weapons in Medan City. This study uses a normative juridical research method with descriptive analysis with a case approach and a statutory approach, then the data analysis is carried out qualitatively. The results of the study indicate that the legal rules regarding the crime of carrying sharp weapons are regulated in the Emergency Law Number 12 of 1951 concerning the Regulation of Sharp Weapons, Law no. 2 of 2002 concerning the National Police of the Republic of Indonesia and Law Number 1 of 1946 concerning Regulations concerning Criminal Law. The driving faktors for the occurrence of criminal acts without the right to carry sharp weapons in the city of Medan are divided into internal faktors and external faktors. The criminal law policy against people who carry sharp weapons in Medan City consists of a penal policy and a non-penal policy where the penal policy is carried out by legally processing the perpetrators, followed by examining the defendant at trial. The non-penal policy is carried out by increasing public awareness through socialization, carrying out strict supervision by increasing raids and patrols, as well as the importance of parents' attention to their children.

scholarly journals Akibat Hukum Bagi Prajurit TNI Melakukan Tindak Pidana Desersi yang Diputus In Absentia dalam Praktek Pengadilan Militer Iii-14 Denpasar

2021 ◽  
Vol 2 (1) ◽  
pp. 123-127
Author(s):  
I WAYAN KUSUMA PURWANTA ◽  
Anak Agung Sagung Laksmi Dewi ◽  
Ni Made Sukaryati Karma
Keyword(s):  
Empirical Research ◽  
Criminal Law ◽  
Military Service ◽  
Research Method ◽  
Criminal Code ◽  
Legal Rules ◽  
Legal Consequence ◽  
Army Soldiers ◽  
The Republic ◽  
Special Rules

  The Republic of Indonesia is a State based on Law. Every Indonesian citizen is obedient and submissive to the law including Indonesian National Army Soldiers (TNI). Soldiers of  the Indonesian National Army besides submitting to general legal rules such as the Criminal Code (KUHP) and also subject to special rules that only apply to soldiers of the Indonesian National Army namely the Criminal Law Code Military (KUHPM) and Military Disciplinary Law  (KUHDM). Discipline is  a  basic  milestone for  Indonesian National Army  Soldiers in carrying out their duties. If a Indonesian National Army Soldiers lacks discipline in his life order it can be the cause of a crime. Based on this matter the following issues will be discussed (1) What are the factors that cause Indonesian National Army Soldiers to commit a crime of desertion (2) What is the legal consequence of the In Absentia ruling for Indonesian National Army Soldiers who commit a crime of desertion. The method used is a juridical- empirical research method. The results of the study stated that due to the In absentia law a Indonesian National Army Soldiers committing a Desertion criminal act would remain on trial without the presence of the defendant and be sentenced to prison with additional punishment in the form of dismissal from military service.

scholarly journals Communication Strategy of North Sumatera’s Police on Proactive Socialization Activities for Acceptance of Prospective Members of the State Police of the Republic of Indonesia in 2020

2020 ◽  
Vol 7 (10) ◽  
pp. 662
Author(s):  
Melda Rahmi ◽  
Lusiana Andriani Lubis
Keyword(s):  
Research Method ◽  
Qualitative Approach ◽  
Communication Strategy ◽  
Phenomenological Method ◽  
The Public ◽  
The North ◽  
Budget Support ◽  
The Republic ◽  
National Police ◽  
North Sumatra

This study aims to analyze the communication strategies and barriers of the proactive socialization team in capturing high-achieving Polri candidates at the North Sumatra Regional Police in 2020. The research method used a qualitative approach with the phenomenological method. Data collection techniques in this study were interviews and observations, then checking the validity of the data by using triangulation techniques. The results of the study show that the communication strategy created is an attempt by the National Police to be able to provide early notification to the public regarding Polri's acceptance and as a means of keeping people from exploiting the situation of acceptance for personal gain. Obstacles to the socialization team, including the inadequate budget support to be able to visit all schools in the North Sumatra province, the lack of support from the incumbent leadership (Kabag Sumda) at the time of proactive socialization activities in October 2019, Not making or compiling materials that should be made to be presented to students so that the students 'understanding and attention are more focused on what goals will be conveyed, the difficulty is to be able to coordinate with the school to be able to fill the time with expected proactive socialization activities and students' low enthusiasm and trust in the message what the socialization team wanted to convey regarding clean, transparent, accountable and humanist recruitment.

scholarly journals Tanggung Jawab Pemerintah Terhadap Penanggulangan Covid-19 dalam Rangka Pelayanan Medis di Rumah Sakit

2021 ◽  
Vol 2 (2) ◽  
pp. 248-253
Author(s):  
Ni Komang Rosi Triana Ayu Nuratih ◽  
I Ketut Kasta Arya Wijaya ◽  
Ida Ayu Putu Widiati
Keyword(s):  
Research Method ◽  
Health Sector ◽  
National Development ◽  
Legal Protection ◽  
Data Sources ◽  
Literature Study ◽  
Legal Rules ◽  
The People ◽  
The Republic ◽  
The Government

Health is an important aspect and become a measure of the welfare of the people of a country. The development of national development, one of them is in the health sector, must be in accordance with and based on Pancasila and the 1945 Constitution of the Republic of Indonesia. The purpose of this research is to reveal the government's responsibility for handling Covid-19 patients and legal protection for Covid-19 patients medical services in the hospital. The research method used is normative. The assessment is carried out by means of a literature study which is specifically related to law in the health sector. The data sources used were prmiary, secondary and tertiary sources and were analyzed systematically. The result of this research indicates that the responsibility of the government for Covid-19 patients provides rights to patients regulated in related regulations. If the government and parties who violate the rights that should be received by Covid-19 patients, they can be subject to sanctions in accordance with applicable regulations. Legal protection or the issuance of legal rules regarding the rights of Covid-19 patients aims to protect the community itself.

scholarly journals Analisis Hukum Mengenai Tindak Pidana Anak Yang Terlibat Geng Motor Sebagai Upaya Penegakan Hukum

2021 ◽  
Vol 4 (2) ◽  
pp. 1113-1121
Author(s):  
Kaston Rudy Samosir ◽  
Ediwarman Ediwarman ◽  
Taufik Siregar
Keyword(s):  
Law Enforcement ◽  
Child Protection ◽  
Justice System ◽  
Research Method ◽  
Juvenile Court ◽  
Criminal Code ◽  
Legal Rules ◽  
The Republic ◽  
Legal Policies ◽  
Theory Of Law

This article or article aims to examine and analyze the legal rules governing children involved in motorcycle gangs, as well as the factors causing criminal acts against children involved in motorcycle gangs, as well as legal policies carried out by the police against children involved in motorcycle gangs. The problem is focused on how the legal rules regulate children who are involved in motorcycle gangs. In order to approach this problem, the reference theory of law enforcement, theory of legal certainty and theory of policy is used. The research method in this paper is a normative legal research method. The data were collected through primary, secondary and tertiary data sources, then analyzed using qualitative analysis methods. This study concludes that the legal rules regarding children involved in motorcycle gangs are contained in: the 1945 Constitution of the Republic of Indonesia, Law Number 1 of 1946 concerning the Criminal Code, Law Number 1 of 1974 concerning Marriage, Law Number 4 1979 concerning Child Welfare, Law Number 3 of 1997 concerning Juvenile Court, Law Number 23 of 2002 concerning Child Protection, Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection, Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. Factors that cause crime against children involved in motorcycle gangs are as follows: (1) family factors, (2) social environment factors, (3) education factors. The legal policies carried out by the police against children involved in motorcycle gangs are as follows: (1) Penal policies are applied to children involved in motorcycle gangs as well as non-penal policies.

scholarly journals Law Enforcement of Terrorism Crimes Associated with Foreign Terorist Fighter ISIS Cases

2021 ◽  
Vol 23 (1) ◽  
pp. 49-64
Author(s):  
Qurrata A'yun
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Research Method ◽  
Rome Statute ◽  
Research Study ◽  
International Criminal ◽  
Preventive Measures ◽  
International Criminal Law ◽  
Islamic State ◽  
Legal Rules

This study aims to discuss the position of terrorism in international criminal law and law enforcement against terrorism crimes committed by the Islamic State of Iraq and Syiriah (ISIS) Foreign Terrorist Fighter (FTF). The research method used in this research study is a normative juridical legal research method. In some literature, crimes of terrorism in international criminal law are categorized as extraordinary crimes because of their systematic, organized and widespread nature. Law enforcement against the FTF ISIS for crimes of terrorism can basically be carried out by means of preventive measures as preventive and repressive measures as penal measures which in this case can be prosecuted based on the legal rules of the perpetrator's country of origin and allowed to make arrests, prosecutions and punishments or attempts. Extradition if necessary. In addition, law enforcement based on international criminal law can also be pursued if the crimes of terrorism committed by the perpetrators cause things that have an impact on the international community and qualify as stipulated in the Rome Statute.

scholarly journals TINJAUAN YURIDIS TERHADAP PUTUSAN KASUS PENCEMARAN NAMA BAIK DENGAN MENGGUNAKAN SOSIAL MEDIA INSTAGRAM DITINJAU DARI PASAL 310 AYAT (3) KITAB UNDANG-UNDANG HUKUM PIDANA

2018 ◽  
Vol 1 (1) ◽  
pp. 120
Author(s):  
Danny Putera Christian ◽  
Dian Andriawan Daeng Tawang
Keyword(s):  
Social Media ◽  
Criminal Law ◽  
Research Method ◽  
Criminal Code ◽  
Cyber Crime ◽  
Criminal Offense ◽  
Legal Rules ◽  
Electronic Transactions

The regulation of defamation is stated in the Indonesia Criminal Code, specifically it’s stated on the article 310. However, the legal rules of defamation by using social media are specifically regulated in Undang-UndangNo.19 Year 2016 About the Amendment of Undang-Undang No.11 Year 2008 About Information And Electronic Transactions. In a thesis that written by the author, the author did an analysis of the actions that have been done by a defendant who deliberately perform an action that meets the element of offense in Article 27 Paragraph (3) of Undang-Undang No.19 Year 2016 on Amendment to Law No. 11 Year 2008 About Information And Electronic Transactions. The acts committed by the defendant shall not be subject to juridical sanctions, since the criminal law also applies the reasons for the criminal offense both for justification and for reasons of forgiveness. The act committed by the defendant in Decision No.1047 / Pid.Sus / PN.JKT.SEL was analyzed as justification because the defendant committed the act to defend himself, as regulated in Article 310 Paragraph (3) of the Criminal Code . The research method whichused by the author is normative research supported by conducting interviews to cyber crime experts.

scholarly journals Pengaturan Tindak Pidana Pemerkosaan terhadap Sesama Jenis Kelamin Ditinjau dari Pasal 292 Kitab Undang-undang Hukum Pidana

2021 ◽  
Vol 2 (2) ◽  
pp. 354-358
Author(s):  
Tia Nur Larasati ◽  
I Nyoman Gede Sugiartha ◽  
Diah Gayatri Sudibya
Keyword(s):  
Criminal Law ◽  
Research Method ◽  
Criminal Code ◽  
Same Sex ◽  
Criminal Sanctions ◽  
Depth Analysis ◽  
Legal Sanctions ◽  
Opposite Sex ◽  
The Republic ◽  
Sense Of Justice

It can be said that the conviction of perpetrators of same-sex rape can be said to still contain obscure normsand that the Law of the Republic of Indonesia number 1 of 1946 concerning Criminal Law Regulations or the KUHP does not contain specific provisions that clearly regulate it. Article 292 of the Criminal Code is the only article of the Criminal Code that provides regulations regarding the crime of same sex rape. However, Article 292 of the Criminal Code only regulates the criminal act of same sex rape against minors as it can be categorized as an element of the crime of rape as stipulated in Article 285 of the Criminal Code, a criminal act of rape must be committed by men against women. The purpose of this study was to determine the criminal act of same sex rape according to Article 292 of the Criminal Code and to determine the legal sanctions against the perpetrator of the crime of same sex rape in Indonesia. The research method used is normative research, this type of normative research focuses on the collection and in-depth analysis of legal materials and also searches for their meaning in order to find solutions to the problem. Legal sanctions for perpetrators of the crime of rape of the same sex in Indonesia refer to the provisions of Article 292 of the Criminal Code, which is punishable by a maximum imprisonment of five years, as with the weight of the crime of a criminal act of rape whether committed against the opposite sex or of the same sex, punishment a maximum sentence of 5 (five) years is deemed not to contain a sense of justice, the formulation of criminal sanctions for rape in Articles 285 and 292 of the Criminal Code can be considered to be out of date or outdated.

scholarly journals Pertanggungjawaban Pidana Korporasi terhadap Pemalsuan Data Ekspor Zinc Ash yang Dilakukan oleh PT Marakes Jaya Abadi di KPPBC Belawan

2021 ◽  
Vol 4 (2) ◽  
pp. 1154-1161
Author(s):  
Tigor Maruhum Sitorus ◽  
Edi Warman ◽  
M Citra Ramadhan
Keyword(s):  
Criminal Law ◽  
Research Method ◽  
Legal Research ◽  
Legal Rules ◽  
Zinc Ash ◽  
Corporate Liability ◽  
Laws And Regulations

This article discusses the legal rules governing corporate liability in laws and regulations against falsification of zinc ash export data, and how the factors that cause zinc ash data falsification by corporations and how the criminal law policies against corporations falsify export data. The method used in this paper is a normative legal research method. Normative legal research is the study of legal materials, both primary legal materials and secondary legal materials. The factors causing the falsification of zinc ash data by corporations are as follows: The factors causing the falsification of customs documents, among others are: (a) Geographic, (b) Production market, (c) Society. Efforts to tackle the crime of falsifying export data by the Belawan Intermediate Customs and Excise Investigation and Customs Enforcement Team (KPPBC TMP) in Belawan have reflected both ways of countermeasures, namely the repressive penal route and the preventive non-penal route.

scholarly journals INVESTIGATION AND LEGAL ACTION TO FOREIGNERS WITHOUT PASSPORT IN INDONESIA TERITORY

2018 ◽  
Vol 1 (2) ◽  
pp. 123-132
Author(s):  
Muhammad Arief Hamdi
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Research Method ◽  
Legal Action ◽  
Criminal Proceedings ◽  
Conceptual Approach ◽  
Residence Permit ◽  
The Law ◽  
The Republic ◽  
Administrative Actions

Foreigners who enter and reside in the territory of Indonesia are regulated in the law, including travel documents of the Republic of Indonesia, visas, entry marks and residence permits, immigration controls, immigration administrative actions, and investigations. However, some foreigners who have been granted permission to continue to live in the territory of Indonesia. This is one of the things that must be followed up by immigration officials. Law enforcement that can be used in the form of Criminal Law or administrative legal action and the disabling factors that intentionally do not extend the residence permit, undergo criminal proceedings, undergo criminal law, and cannot be extended for emergency reasons. The research method is a type of normative research. The problem approach uses a legislative approach and a conceptual approach. Sources of legal material used are primary and secondary.  

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