Jurnal Daulat Hukum最新文献_第5页

The Efforts to Prevent & Eradicate Criminal Acts of Spreading Fake News and Hate Speech 预防和根除传播假新闻和仇恨言论犯罪行为的努力

Jurnal Daulat Hukum Pub Date : 2022-03-28 DOI: 10.30659/jdh.v5i1.20205

Bambang Tri Bawono, G. Gunarto, Jawade Hafidz

{"title":"The Efforts to Prevent & Eradicate Criminal Acts of Spreading Fake News and Hate Speech","authors":"Bambang Tri Bawono, G. Gunarto, Jawade Hafidz","doi":"10.30659/jdh.v5i1.20205","DOIUrl":"https://doi.org/10.30659/jdh.v5i1.20205","url":null,"abstract":"The purpose of this study was to identify and analyze efforts to prevent and eradicate the crime of spreading fake news in the community and to identify and analyze law enforcement against Article 28 paragraph (1) of Act No. 19 of 2016 concerning Amendments to Act No. 11 of 2008 concerning Information and Electronic Transactions. Advances in technology have had many impacts on people's lives, including in terms of information and social interaction in society. The absence of boundaries in cyberspace often makes someone less wise in using social media on the internet. One of them can be seen in the issue of spreading fake news. The approach method used in this research is a sociological juridical approach. The results of this study indicate that efforts to prevent criminal acts of spreading fake news can be done through digital literacy and do not share or broadcast in cyberspace, unless the truth is known. Meanwhile, the repressive efforts made by the government against the crime of spreading fake news are the existence of the criminal provisions of Article 28 paragraph (1) of Act No. 19 of 2016 concerning Amendments to Act No. 11 of 2008 concerning Information and Electronic Transactions. The novelty of this study is for law enforcement against the crime of spreading fake news starting from investigation, prosecution, examination of court trials to court decisions.","PeriodicalId":118542,"journal":{"name":"Jurnal Daulat Hukum","volume":"104 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126733998","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Practical Barriers to Auction of Confiscated Objects for Corruption Crime 贪污罪罚没物拍卖的现实障碍

Jurnal Daulat Hukum Pub Date : 2022-03-08 DOI: 10.30659/jdh.v5i1.18555

Gholibuddin Zuhairmanto, Retno Saraswati, Kornelius Benuf

{"title":"The Practical Barriers to Auction of Confiscated Objects for Corruption Crime","authors":"Gholibuddin Zuhairmanto, Retno Saraswati, Kornelius Benuf","doi":"10.30659/jdh.v5i1.18555","DOIUrl":"https://doi.org/10.30659/jdh.v5i1.18555","url":null,"abstract":"This study aims to determine the implementation of the auction of confiscated objects of corruption carried out by the Kulon Progo District Attorney, as well as to find out the obstacles that exist in the process of auctioning confiscated objects of corruption. This study uses a research method with an empirical juridical approach, and a descriptive analytical research specification. This research was conducted at the Kulon Progo District Attorney's Office. The crime of corruption in recent decades has become an issue that has been widely discussed in both print and electronic media by all members of the public, because several persons suspected of committing a criminal act of corruption cannot be separated from office holders in Indonesia, consisting of executives, Legislative and even up to the Judiciary. Based on the research results, it is known that the auction implementation based on PMK No. 27/PMK.06/2016 concerning Instructions for Implementation of Auctions and PMK No. 13/PMK.06/2018 Concerning the Auction of Confiscated Objects, State Loot, or Executed Confiscated Objects Originating from the Prosecutor's Office of the Republic of Indonesia. The obstacles encountered by the Kulon Progo District Attorney's Office in the auction process, such as in the case of correspondence between the Prosecutor's Office and the KPKNL, the length of time the results of the trial came out which could result in a decrease in the value of the confiscated goods. Problems related to the implementation of electronic auctions are also still an obstacle.","PeriodicalId":118542,"journal":{"name":"Jurnal Daulat Hukum","volume":"114 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121179212","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Land Rights Which Can Be Given On The Land Management System 论土地管理制度下的土地权利授予

Jurnal Daulat Hukum Pub Date : 2021-11-29 DOI: 10.30659/jdh.v4i4.18123

Carrissa Shannon Lie, Yohanes Kristian Pranata

{"title":"The Land Rights Which Can Be Given On The Land Management System","authors":"Carrissa Shannon Lie, Yohanes Kristian Pranata","doi":"10.30659/jdh.v4i4.18123","DOIUrl":"https://doi.org/10.30659/jdh.v4i4.18123","url":null,"abstract":"This research to understand management Right which defined in the Government Regulation No. 18 of 2021 Article 1 No. 3 as the State’s ownership right in which a part of the authorization is given to the Management Right holder. The type of research was juridical normative law research, which was a research that emphasizes in written documents as the main law resources, such as regulations, court decisions, law theories, and scholar’s opinions. There were 2 (two) approaches used to support this research. The first one was statute approach, which was done by analyzing all the related regulations and others that were related to currently law issues. One of the authorities that the holder has is to hand in parts of the Management Right land to a third party and/or cooperating with a third party. If the land is used by a third party, then a Land Right has to be given on the land for the third party’s basis to utilize and/or use the land. The handing of Land Rights to a third party must be done with the holder’s agreement. Therefore, the third party uses the land with the right on a certain land that is initiated on the Management Right land. The main issue that will be discussed is what types of land rights that can be given on the lands. This research is a law research with a normative law research method. Besides that, this research uses statute approach and conceptual approach. The conclusion is the land rights that can be given on the land are Building Rights on Land and Land Use Rights.","PeriodicalId":118542,"journal":{"name":"Jurnal Daulat Hukum","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123001164","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Foreclosed Collaterals As A Resolution For Bad Credit In Indonesia Banking System 取消抵押品赎回权是印尼银行体系不良信贷的解决方案

Jurnal Daulat Hukum Pub Date : 2021-11-28 DOI: 10.30659/jdh.v4i4.18061

Sriwati Sutomo

{"title":"The Foreclosed Collaterals As A Resolution For Bad Credit In Indonesia Banking System","authors":"Sriwati Sutomo","doi":"10.30659/jdh.v4i4.18061","DOIUrl":"https://doi.org/10.30659/jdh.v4i4.18061","url":null,"abstract":"This research aim to understand the condition when a customer is no longer able to pay or repay a loan is called bad credit. This condition can actually cause many problems, ranging from difficulties in obtaining credit approvals to blacklisting by the bank. Collaterals are one of the requirements from the Bank when giving credit loans so that those collaterals can guarantee the credit’s acquittal should the debtor be breached. If there is a case of bad debts, banks have the option to solve the credit loan through the process of Foreclosed Collaterals. This journal is written on a legal and juridical-normative research, emphasizing the usage of written documents as the main sources of law. The collateral purchases are written in Article 12A Number 10 of 1998 of the Constitution on how banks may purchase the collaterals with or without auctions to solve bad credits even faster. Considering that Article 20 of the Constitution on Mortgage Rights has already written ways on collateral executions, therefore the warrant payment will follow the option of Foreclosed Collaterals. Reporting from the official website of Bank Indonesia (BI), to minimize the risk of increasing bad loans, BI issued PBI (Bank Indonesia Regulation) No. 14/2/PBI/2012 concerning APMK (Card-Based Payment Instruments). The regulation was made to reduce the risk of negative impacts from using credit cards as debt instruments to the extent that they reach excessive limits. Using statute and conceptual approaches, it is inferred that Foreclosed Collateral purchase procedures can be done in 3 (three) different ways, followed through the Settlement Efforts, where the ownership of the collaterals must be switched to another in 1 (one) year time.","PeriodicalId":118542,"journal":{"name":"Jurnal Daulat Hukum","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131169945","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Juridical Overview of Health Quarantine During the Covid-19 Pandemic Covid-19大流行期间卫生检疫的司法概述

Jurnal Daulat Hukum Pub Date : 2021-11-24 DOI: 10.30659/jdh.v4i4.17526

Ragil Jaka Utama, Umar Ma’ruf, S. Kusriyah

{"title":"The Juridical Overview of Health Quarantine During the Covid-19 Pandemic","authors":"Ragil Jaka Utama, Umar Ma’ruf, S. Kusriyah","doi":"10.30659/jdh.v4i4.17526","DOIUrl":"https://doi.org/10.30659/jdh.v4i4.17526","url":null,"abstract":"This study aims to determine the juridical review of quarantine after the Covid-19 pandemic and find out whether its implementation has been carried out and implemented in Indonesia. The type of research used is normative research or library research, its meaning that this research is based on library sources to discuss the problems that have been formulated. By examining secondary data by conducting an investigation of the study including a description of the research subject. In this study, the data used in this study were secondary data and primary data. The secondary data used in this study is the law used in the study, the primary data used is the regulations in Indonesian legislation that have been set by each local government. The data consists of books, articles in journals and other media, including unpublished research and papers related to and explaining the concepts of quarantine and social distancing during a pandemic situation. The results of the study explain that the Health Quarantine Act carried out by the government in protecting the spread of Covid-19 has been very well implemented. This is reinforced by Government Regulation number 21 of 2020 which explains PSBB and handling related to the Covid-19 pandemic. The implementation of this legislation is the establishment of a Health Quarantine Officer who is the only person authorized to enforce the law. Further cooperation for law enforcement at the local government level requires delegation from the central government, which will be carried out further by the Minister of Health.","PeriodicalId":118542,"journal":{"name":"Jurnal Daulat Hukum","volume":"189 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126031614","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Board of Directors' Criminal Liability for Companies Which Declared On Bankruptcy 公司宣告破产董事会的刑事责任

Jurnal Daulat Hukum Pub Date : 2021-11-24 DOI: 10.30659/jdh.v4i4.17784

Raditya Triatmaji Pramana, Bambang Dwi Baskoro

{"title":"The Board of Directors' Criminal Liability for Companies Which Declared On Bankruptcy","authors":"Raditya Triatmaji Pramana, Bambang Dwi Baskoro","doi":"10.30659/jdh.v4i4.17784","DOIUrl":"https://doi.org/10.30659/jdh.v4i4.17784","url":null,"abstract":"Bankruptcy is regulated in Act No. 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations (PKPU). In the regulation, the company is declared bankrupt, meaning that when the debtor (debt owner) has two or more creditors (debtors) who do not pay debts that are due and can be collected (cause of bankruptcy). The responsibility of the Board of Directors whose company is experiencing bankruptcy is in principle the same as the responsibility of the Board of Directors whose company is not experiencing bankruptcy. Bankruptcy status applies when there is a decision of the Commercial Court, whether it comes from the application itself or one or more creditors. After being declared bankrupt, the court decided to sell all of the company's assets, the proceeds of which were used to pay the debtors' obligations that were already bankrupt to the creditors. Based on the aforementioned background, a problem can be drawn as follows: What is the liability of the directors who are declared bankrupt? How can the board of directors be declared negligent or wrong which results in the corporation being declared bankrupt? The approach method used in writing this law is normative juridical or also called doctrinal law research. The research specification in this writing is descriptive-analytic. Based on the results of the research, it can be concluded that the Board of Directors is not personally responsible for the actions committed for and on behalf of the Company based on their authority. This is because the actions of the Board of Directors are seen as actions. The Board of Directors is said to have been wrong or negligent which resulted in the Company being declared bankrupt, namely the lack of good faith by the directors to pay off debts to creditors. The Board of Directors neglected to pay off debts to creditors.","PeriodicalId":118542,"journal":{"name":"Jurnal Daulat Hukum","volume":"36 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130662360","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2

The Crime of Witchcraft and Vigilante Action (Eigenrichting) 巫术罪与治安维持行为(第八章)

Jurnal Daulat Hukum Pub Date : 2021-11-24 DOI: 10.30659/jdh.v4i4.17951

S. Syamsuddin, R. Ridwan, Iksan Iksan

{"title":"The Crime of Witchcraft and Vigilante Action (Eigenrichting)","authors":"S. Syamsuddin, R. Ridwan, Iksan Iksan","doi":"10.30659/jdh.v4i4.17951","DOIUrl":"https://doi.org/10.30659/jdh.v4i4.17951","url":null,"abstract":"The witchcraft incident in Bima Regency has threatened the safety and security of human life, witchcraft has triggered people to take vigilante actions (Eigenrichting) as a counter reaction by means of destruction, persecution and even murder. This study aims to determine public perceptions related to witchcraft, and also to find out why witchcraft always results in mass vigilante action (Eigenrichting) so that prevention and resolution efforts can be formulated. This study uses empirical or sociological research, data collection is carried out by direct and structured interviews and through literature study, while drawing conclusions using inductive methods. The results showed, first; In the period 2016-2021, there were 53 cases of alleged witchcraft practices in Bima Regency, damaging the social order and disrupting community stability. The community considers witchcraft as a dangerous or evil act, because the motive and purpose of using witchcraft is to torture, and/or kill human souls; Second; The behavior of witchcraft has led to vigilante actions (Eigenrichting) in some people, this is due to the existence of a legal vacuum that has not regulated the act of witchcraft and how to solve it legally. The act of vigilantism (Eigenrichting) appears as a form of reaction that arises from the community due to their rights and comfort being disturbed, which action is manifested in the form of violence as an act of revenge against the perpetrators of witchcraft. The juridical conclusion that the terminology of witchcraft and vigilante acts (Eigenrichting) have not been specifically regulated in the current laws and regulations as prohibited acts and are threatened with punishment. As a suggestion that the terminology and elements of the criminal act of witchcraft in the current Criminal Code Bill need to be expanded further, as well as the system of proving the crime of witchcraft in the Indonesian criminal procedure law needs to obtain further, more complete arrangements.","PeriodicalId":118542,"journal":{"name":"Jurnal Daulat Hukum","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130207282","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

The Application of Fiduciary Guarantee in the Perspective of Islamic Law 伊斯兰教法视域下信义担保的适用

Jurnal Daulat Hukum Pub Date : 2021-11-24 DOI: 10.30659/jdh.v4i4.17952

Wieke Dewi Suryandari

{"title":"The Application of Fiduciary Guarantee in the Perspective of Islamic Law","authors":"Wieke Dewi Suryandari","doi":"10.30659/jdh.v4i4.17952","DOIUrl":"https://doi.org/10.30659/jdh.v4i4.17952","url":null,"abstract":"The development of economic activity in the world has an impact on the development of people's quality of life, thus increasing the need for funding to meet these needs. In addition, the majority of Indonesian people who are Muslim automatically bring Islamic law into their daily life in various fields, including in economic activities. Fiduciary guarantees are possible in a murabahah contract if the financing company acts as a seller (trader) who sells goods on credit to consumers, so not as a provider of funds that owes to consumers. Fund-raising activities to support business activities in the community are closely related to credit matters, the consequence is the need for a guarantee or known as fiduciary. Fiduciary guarantees are conventional products that are set to provide protection for creditors, especially if the debtor defaults. Fiduciary guarantees, which cannot be fully applied to all financial institution systems in Indonesia, need to be studied several times, especially in the view of the Islamic religion that uses the sharia financial system. The focus of the study that is used as the formulation of the problem is What is the current position of the application of fiduciary guarantees in Indonesia? and how to apply fiduciary guarantee according to the perspective of Islamic law?. The results of the study show that the practice of implementing fiduciary in Indonesia has a very important position and must be fulfilled by financing service providers. Meanwhile, according to the Islamic view, there is no fiduciary guarantee in the aspects of Islamic law but the matter of guarantees can be equated with rahn. Thus, in Islamic Financial Institutions guided by rahn as a guarantee system for lending and borrowing activities in accordance with Islamic law, this is based on the word of Allah QS. Al-Baqarah verse 283 and Act No. 21 of 2008 concerning Islamic Banking.","PeriodicalId":118542,"journal":{"name":"Jurnal Daulat Hukum","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122984940","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

The Implementation of Regional Regulations in the Process of Filling in the Village Civil Service 农村公务员填报过程中地方法规的实施

Jurnal Daulat Hukum Pub Date : 2021-11-24 DOI: 10.30659/jdh.v4i4.17989

Siti Zuliyah, Triwahyuningsih Triwahyuningsih

{"title":"The Implementation of Regional Regulations in the Process of Filling in the Village Civil Service","authors":"Siti Zuliyah, Triwahyuningsih Triwahyuningsih","doi":"10.30659/jdh.v4i4.17989","DOIUrl":"https://doi.org/10.30659/jdh.v4i4.17989","url":null,"abstract":"The purpose of this study, firstly, is to describe the process of filling in the Village Civil Service Officer in Sleman Regency, Yogyakarta Special Region and secondly to find out whether the mechanism for filling out the Village Civil Service Officer is in accordance with Regional Regulation No. 10 of 2019. This research is an empirical legal research, namely legal research that examines and analyzes people's behavior in relation to the law. The approach method uses a juridical, sociological approach. Methods of data collection through literature study, interviews and observations, then the data were analyzed by qualitative descriptive method. The results of the study concluded that the process of filling in the village civil service in Sleman Regency: The village head formed an appointment committee to conduct screening and screening through the selection of administrative requirements and administering the exam. Furthermore, the results of the selection of candidates for village civil service at least 2 (two) candidates based on the highest score are requested for consultation with the sub-district head to obtain a recommendation to be appointed as village administrator. 10 of 2019 can be applied according to the rules, namely the formation of a committee, administrative selection, exam materials, a team of examiners, but there are still weaknesses, including the requirements for candidates who are considered burdensome, must be supported by at least 15% of the population, lack of socialization, the existence of several villages that are less open in the process of filling the village civil service.","PeriodicalId":118542,"journal":{"name":"Jurnal Daulat Hukum","volume":"64 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122526623","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2

The Transfer Of Productive Land For Industrial Interest 为工业利益而转让生产用地

Jurnal Daulat Hukum Pub Date : 2021-10-13 DOI: 10.30659/jdh.v4i3.17524

A. Hermawan

引用次数: 0