JURNAL ILMIAH ADVOKASI最新文献

{"title":"REVIEWING THE EXISTENCE OF COOPERATION BETWEEN THE DIRECTORATE GENERAL OF IMMIGRATION AND SPONSORS OF INDONESIAN MIGRANT WORKERS","authors":"Janurdi Tirto Utomo, Javier Saviola, Kevin Abel Panjaitan","doi":"10.36987/jiad.v11i2.3430","DOIUrl":"https://doi.org/10.36987/jiad.v11i2.3430","url":null,"abstract":"Based on data owned by the Ministry of State-Owned Enterprises (BUMN), donations in the form of state foreign exchange from Indonesian Migrant Workers (PMI) reached IDR 130 trillion in 2021. The benefits provided by the existence of Indonesian migrant workers are certainly beneficial for the Indonesian state itself. Because it is one of the great hopes to help provide foreign exchange for the country, of course it needs to be considered by our government. The empowerment and utilization of Indonesian migrant workers needs to be done very wisely. It is worth considering many things, what's more, Indonesian migrant workers are a very important and sensitive element given that they are human beings. In this case, the existence of Indonesian Migrant Workers is needed by someone as a liaison between the PMI and matters related to administration or so on. The person or company responsible for this matter is commonly referred to as a sponsor or guarantor. The existence of sponsors or guarantors is also needed to bridge the relationship between Indonesian Migrant Workers, which in this case is the Directorate General of Immigration This research aims to review the existence of cooperation between immigration offices and sponsors of Indonesian migrant workers. The method used in this study is the Normative-Empirical method which is carried out by elaborating the written hukum element which is then supported by the addition of data or empirical elements.","PeriodicalId":127108,"journal":{"name":"JURNAL ILMIAH ADVOKASI","volume":"141 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-10-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139323956","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}

{"title":"THE APPLICATION OF RESTORATIVE JUSTICE IN HANDLING DOMESTIC VIOLENCE CASES ACCORDING TO THE CRIMINAL JUSTICE SYSTEM","authors":"Hendu Juartono Purba, Dr. Indra Yudha Koswara","doi":"10.36987/jiad.v11i2.3358","DOIUrl":"https://doi.org/10.36987/jiad.v11i2.3358","url":null,"abstract":"Justice is very difficult to obtain for women, as evidenced by the rise of victims of domestic violence (domestic violence). The issue of the importance of addressing domestic violence (domestic violence) in the midst of modern society is introduced with various points of view and interpretation of things that can help women to dare to get out of their domestic space. In principle, criminal law does not recognize the existence of a mechanism for resolving criminal acts outside the court, as well as civil law that recognizes the settlement of cases outside the court through mediation. Punishment using the approach of restorative justice (restorative justice) is intended to as much as possible restore the state of the victim of a crime before the event befalls the victim of a crime, not only thinking about how to impose punishment on the perpetrator, but emphasizing the recovery of the losses suffered by the victim and or the community as a result of the. The objectives of this study are : 1). To determine and analyze the effectiveness of the criminal justice system in resolving domestic violence crimes, it is examined from the perspective of restorative justice. 2). To determine and analyze the form of legal protection against domestic violence settlement in the perspective of restorative Justice for victims. In this study, the authors will analyze the application of restorative justice in the handling of domestic violence cases according to the criminal justice system by using the method of legislation approach, concept approach, and case approach by analyzing some of the decisions related to this study. The results of this study can be concluded that restorative justice is not a new mechanism in solving legal problems in a society that is still thick with the customary law system. Cases that can be resolved with this mechanism are cases in the family such as domestic violence (domestic violence). The domestic violence case is a complex case because it involves a husband and wife who are legally bound in a marriage institution, who both work to build a household. Thus, this mechanism is well suited to avoid a breakdown in the family that can continue with a divorce.","PeriodicalId":127108,"journal":{"name":"JURNAL ILMIAH ADVOKASI","volume":"54 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139324578","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}

{"title":"REVIEW OF VICTIMOLOGY OF VICTIMS OF THEFT IN THE CRIMINAL JUSTICE SYSTEM","authors":"Rhendy Ahmad Fauzi","doi":"10.36987/jiad.v11i2.3356","DOIUrl":"https://doi.org/10.36987/jiad.v11i2.3356","url":null,"abstract":"","PeriodicalId":127108,"journal":{"name":"JURNAL ILMIAH ADVOKASI","volume":"20 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139324867","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}

{"title":"CRIMINAL LAW ON UNDERAGE CHILDREN DOING NARCOTICS BUSINESS WITH EVIL CONSENT","authors":"Ardi Rian Pratama, Tami Rusli, Suta Ramadhan","doi":"10.36987/jiad.v11i2.4423","DOIUrl":"https://doi.org/10.36987/jiad.v11i2.4423","url":null,"abstract":"The involvement of children in the criminal justice process has the potential to cause various complex negative impacts. The intervention of juvenile criminal law, especially in the abuse of narcotics by children, has led children to various physical and psychological suffering. The purpose of child protection according to law is to guarantee the fulfillment of children's rights so that they can live, grow and participate optimally in human dignity and dignity, and receive protection from violence and discrimination, for the realization of quality Indonesian children, with noble character and prosperity. In article 59 of the Child Protection Act, it is stated that special protection must be given to children who conflict with the law. Article 64 paragraphs I and 2 state that children who conflict with the law are children who are in conflict with the law and are victims of crime.Keywords: Minors, Narcotics Business, Evil Conspiracy","PeriodicalId":127108,"journal":{"name":"JURNAL ILMIAH ADVOKASI","volume":"146-147 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139324506","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}

{"title":"THE COVID-19 VACCINATION AS FULFILLMENT THE RIGHTS PRISONER TO GET HEALTH SERVICES","authors":"Abdullah Mulyadi Gani, B. Baharudin, Lintje Anna Marpaung","doi":"10.36987/jiad.v11i1.3147","DOIUrl":"https://doi.org/10.36987/jiad.v11i1.3147","url":null,"abstract":"","PeriodicalId":127108,"journal":{"name":"JURNAL ILMIAH ADVOKASI","volume":"61 4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126614211","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}

{"title":"MENGIDENTIFIKASI DITERBITKANNYA ‘SECOND HOME VISA’ BAGI ORANG ASING GUNA MENINGKATKAN PEREKONOMIAN INDONESIA","authors":"Annisa Niazela, Michella Theresia, Panca Cahaya Kusuma","doi":"10.36987/jiad.v11i1.3409","DOIUrl":"https://doi.org/10.36987/jiad.v11i1.3409","url":null,"abstract":"","PeriodicalId":127108,"journal":{"name":"JURNAL ILMIAH ADVOKASI","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127602903","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}

{"title":"POLICY OF TRANSFERRING PRISONERS IN THE CATEGORY OF NARCOTICS DEALERS TO SUPERMAXIMUM SECURITY PENITENTIARY","authors":"Akhmad Muttaqien, B. Baharudin, Lintje Anna Marpaung","doi":"10.36987/jiad.v11i1.3133","DOIUrl":"https://doi.org/10.36987/jiad.v11i1.3133","url":null,"abstract":"The enactment of the Minister of Law and Human Rights Regulation Number 35 of 2018 concerning the Revitalization of Correctional Administration, one of which regulates the transfer of high-risk prisoners to Super maximum security prisons. Narcotics convicts who are at high risk are those who are included as dealers and narcotics controllers from within the prison. The purpose of this research are to analize: (1) Policy of transferring prisoners in the category of narcotics dealers to Supermaximum Security Penitentiary? Inhibiting factors for the policy of transferring prisoners in the category of narcotics dealers to the Supermaximum Security. The research using normative and juridical approach. The results of this study indicate: (1) The policy of transferring prisoners in the category of narcotics dealers to the Supermaximum Security Penitentiary was implemented by the Class II Narcotics Prison in Bandar Lampung by transferring 19 prisoners to the Class Special Prison. IIA Karanganyar Nusakambangan and Class IIA Nusakambangan Narcotics Prison. The policy has been implemented even though it has not been maximized, because there are still inhibiting factors. (2) The inhibiting factors for the policy of transferring prisoners in the category of narcotics dealers to the Supermaximum Security Penitentiary as an effort to cut off the circulation of narcotics are the risky behavior of prisoners in the category of narcotics dealers that endanger or have a negative impact on themselves, others and the environment and the process of evaluation and reassessment of prisoners who need a relatively long time.","PeriodicalId":127108,"journal":{"name":"JURNAL ILMIAH ADVOKASI","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125220361","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}

{"title":"KEBIJAKAN PENANGANAN AKSI UNJUK RASA YANG DILAKUKAN OLEH PENGUNGSI DARI LUAR NEGERI","authors":"Adi Sujatno, Tiyar Cahya Kusuma, Eros Shidqy Putra","doi":"10.36987/jiad.v11i1.3343","DOIUrl":"https://doi.org/10.36987/jiad.v11i1.3343","url":null,"abstract":"Indonesia is not a country that is obliged to accept and take care of refugees from abroad because it did not participate in ratifying the 1951 Convention on the Status of Refugees and the 1967 Protocol on the Status of Refugees. Nevertheless, Indonesia continues to receive refugees every year. It was recorded that until August 2022, the number of refugees in Indonesia was 12,993 people, consisting of 9,713 refugees and 3,280 asylum seekers. Although Indonesia is not obliged to accept refugees, the Indonesian government still accommodates and cares for them because it is based on aspects of Human Rights (HAM). One of the most prominent problems in the handling of refugees from abroad is the rampant demonstrations carried out by the refugees to immediately be placed in third countries. In tackling the problems of the refugees, Presidential Regulation No. 125 of 2016 has been issued regarding the Handling of Refugees from Overseas. However, the Presidential Regulation does not clearly regulate the handling of demonstrations carried out by refugees because basically the refugees are not Indonesian citizens and there is no law that regulates the problem of demonstrations carried out by these refugees.Keywords     : Policy, Demonstration, Refugee","PeriodicalId":127108,"journal":{"name":"JURNAL ILMIAH ADVOKASI","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126858102","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}

{"title":"TINJAUAN YURIDIS PEMELIHARAAN TAMAN KEANEKARAGAMAN HAYATI DIKAWASAN INDUSTRI KIIC SEBAGAI BAGIAN DARI KONSEP PEMBANGUNAN BERKELANJUTAN BERDASARKAN SURAT KEPUTUSAN BUPATI KARAWANG NOMOR : 188/ Kep.370 -Huk/ 2014 TENTANG TAMAN KEANEKARAGAMAN HAYATI TELAGA DESA DI KAWASAN INDUSTRI KIIC KABUPATEN KARAWA","authors":"Herfady Raiza Tifarani, Teuku Syahrul Ansari","doi":"10.36987/jiad.v11i1.3233","DOIUrl":"https://doi.org/10.36987/jiad.v11i1.3233","url":null,"abstract":"","PeriodicalId":127108,"journal":{"name":"JURNAL ILMIAH ADVOKASI","volume":"46 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126163884","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}

{"title":"PENEGAKAN HUKUM LINGKUNGAN SEBAGAI UPAYA PEMBANGUNAN YANG BERKELANJUTAN","authors":"Zainudin Hasan, Maya Zulvi Astarida","doi":"10.36987/jiad.v11i1.3693","DOIUrl":"https://doi.org/10.36987/jiad.v11i1.3693","url":null,"abstract":"The environment is a part that is tied to human life, the environment contains animal habitats and biodiversity in it, if the environment is damaged it will damage animal habitats and biodiversity around it so that in the end it will lead to the extinction of animals and biodiversity. Illegal logging results in direct or indirect changes to the physical properties and damage to sources of environmental biodiversity, resulting in environmental damage. The problem approach that will be used in this study is the normative juridical approach and the empirical approach. Law enforcement regarding environmental laws as an effort for sustainable development must be strictly implemented, especially in the case of illegal logging. The regulations governing this matter are with the promulgation of Law Number 41 of 1999 concerning Forestry which repeals the enactment of Law Number 5 of 1967. Then it was changed to Law Number 19 of 2004 concerning the Establishment of Government Regulations in Lieu of Law No.1 of 2004 concerning Amendments to Law Number 41 of 1999 concerning Forestry. In addition, the government has also enacted Law Number 18 of 2013 concerning Prevention and Eradication of Forest Damage. Law enforcement is very important, therefore it is hoped that law officials in reducing cases of illegal logging may be able to socialize about environmental damage if logging is illegal if it is carried out continuously to the community, or put up banners regarding prohibitions and sanctions obtained from illegal logging activities. As well as to the community is expected to be able to understand and understand the importance of the environment, let's protect the environment in order to achieve sustainable environmental development. Keywords: Environment, Logging, Law Enforcement.","PeriodicalId":127108,"journal":{"name":"JURNAL ILMIAH ADVOKASI","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132554706","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}