Journal of Court and Justice最新文献

THE IMPLEMENTATION OF CRIMINAL ACT TOWARDS HATE SPEECH IN SOCIAL MEDIA 针对社交媒体上的仇恨言论实施犯罪行为

Journal of Court and Justice Pub Date : 2023-03-07 DOI: 10.56943/jcj.v2i1.280

M. Erfan, Wahyu Prawesthi, Bahrul Amiq

{"title":"THE IMPLEMENTATION OF CRIMINAL ACT TOWARDS HATE SPEECH IN SOCIAL MEDIA","authors":"M. Erfan, Wahyu Prawesthi, Bahrul Amiq","doi":"10.56943/jcj.v2i1.280","DOIUrl":"https://doi.org/10.56943/jcj.v2i1.280","url":null,"abstract":"Indonesia is a country that adheres to a democratic system where people are given the freedom to express their opinions. Along with globalization era, communication media are increasingly developing, such as the existence of electronic communication media that can connect people regardless of distance and place. Information technology, beside contributing to improving communication progress, technology can also be an effective means for users of social media to commit acts against the law. Cybercrime is a type of criminal activity that makes use of advances in computer technology, particularly the internet. This research examines all the regulation and law in Indonesia regarding of hate speech towards social media through normative legal research. From the research result, it found that the implementation of Hate Speech in social media networks can be determined in Article 45A Paragraph (2) jo. Article 28 Paragraph (2) of Law No, 19/2016 as Amendment to Law No. 11/2008 concerning on Electronic Information and Transactions, there does not have to be an aggrieved party or there must be an objecting party, because it is not a material offense that requires the consequences of the act.","PeriodicalId":147880,"journal":{"name":"Journal of Court and Justice","volume":"93 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125229777","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 IMPLEMENTATION OF MATERIAL CRIMINAL LAW AGAINST CRIMINAL ACT OF EMBEZZLEMENT IN OFFICE 对职务侵占犯罪行为实施物质刑法

Journal of Court and Justice Pub Date : 2023-03-06 DOI: 10.56943/jcj.v2i1.263

Deny Abrahams, Bahrul Amiq, Wahyu Prawesthi, M. Khoidin

引用次数: 0

CRIMINAL LIABILITY OF NOTARY IN CRIMINAL ACT COMMITTED BY NOTARY SIGNING AGENT 公证签名代理人犯罪行为中的公证员刑事责任

Journal of Court and Justice Pub Date : 2023-03-01 DOI: 10.56943/jcj.v2i1.258

Dwi Rossulliati, Yoyok Ucuk, Wahyu Prawesthi

{"title":"CRIMINAL LIABILITY OF NOTARY IN CRIMINAL ACT COMMITTED BY NOTARY SIGNING AGENT","authors":"Dwi Rossulliati, Yoyok Ucuk, Wahyu Prawesthi","doi":"10.56943/jcj.v2i1.258","DOIUrl":"https://doi.org/10.56943/jcj.v2i1.258","url":null,"abstract":"This research aims to analyze and examine how the responsibility of a notary in the case of a notary's signing agents commits the crime of document forgery. Article 1 paragraph (1) of Notary Office Law states that a Notary is a Public Official authorized to do authentic deeds and has other authorities as referred to in this Law or based on other laws. The notaries get authority attribution from the state through the Law on Notary Positions. This authority is attached to the position of a notary. In conducting these duties and positions, a Notary is generally assisted by Notary signing agents. In this research, Normative Law is used because it tries to find the location of coherence, namely legal rules and legal norms. Notary workers are only assistants in their work, and the responsibility for authentic deeds remains to the Notary. When the Notary signing agents commit document forgery, resulting in defects in the authentic deed, it is possible that Notary must hold responsible for this. The forgery of letters can occur due to fake contents of the letter or fake authority and contents of authority in the letter. The forms of Notary Criminal Liability, if it is proven that the notary worker committed the crime of forging letters, is a crime of participation in the crime of forging letters because the Notary is considered negligent in conducting his duties and position.","PeriodicalId":147880,"journal":{"name":"Journal of Court and Justice","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115481928","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 SETTLEMENT OF ADOPTED CHILDREN STATUS REGARDING THE INHERITANCE OF ADOPTION PARENTS IN TORAJA COMMUNITIES 托拉哈族社区收养父母继承权方面收养儿童地位的解决

Journal of Court and Justice Pub Date : 2023-02-09 DOI: 10.56943/jcj.v2i1.240

Ellyne Dwi Poespasari, T. Usanti, Soelistyowati

引用次数: 1

LEGAL FRAMEWORK FOR CORPORATE AND GOVERNMENT PARADIGM TO DISASTER VICTIMS 法律框架是企业和政府对灾害受害者的典范

Journal of Court and Justice Pub Date : 2023-01-09 DOI: 10.56943/jcj.v2i1.228

Sulaksono

引用次数: 0

PERFORMING LEGISLATIVE FUNCTIONS: THE ROLE OF REGIONAL REPRESENTATIVE COUNCIL AND PEOPLE'S REPRESENTATIVE COUNCIL 履行立法职能:发挥地区代表理事会和人民代表理事会的作用

Journal of Court and Justice Pub Date : 2023-01-03 DOI: 10.56943/jcj.v2i1.224

B. Gunawan, M. Zamroni, Fajar Rachmad Dwi Miarsa, Y. A. Mangesti

{"title":"PERFORMING LEGISLATIVE FUNCTIONS: THE ROLE OF REGIONAL REPRESENTATIVE COUNCIL AND PEOPLE'S REPRESENTATIVE COUNCIL","authors":"B. Gunawan, M. Zamroni, Fajar Rachmad Dwi Miarsa, Y. A. Mangesti","doi":"10.56943/jcj.v2i1.224","DOIUrl":"https://doi.org/10.56943/jcj.v2i1.224","url":null,"abstract":"Based on two factors, these are philosophical and legal aspect. In terms of the function of law, the existence of the Regional Councilor (DPD) and Legislative Assembly (DPR) can be established. Based on a provision in the 1945 Constitution, the Regional Councilor (DPD) and Legislative Assembly (DPR) were established, and, according to one philosophical definition, they represent all regional or people's representatives in Indonesia at the national scale. A system of functional industrial relations exists between the Regional Councilor (DPD) and Legislative Assembly (DPR) in relation to the function of legislation. The objective of this research are to find out the role of Regional Councilor (DPD) perform in the legislative functions; and Legislative Assembly (DPR) represent in obtaining legal products. The research that was accomplished was categorized as qualitative normative research based on the kind of data or legal materials examined. Due to institutional and constitutional limitations, the Regional Councilor (DPD) and Legislative Assembly (DPR) faced difficulties as a result of legal responsibilities. Institutional constraints are limitations imposed by the institution itself, such as insufficient support systems, unsuccessful legislation, and ineffective session management techniques. The Regional Councilor (DPD)'s current rules, Article 22D, paragraphs 1 and 2, and Law No. 27/2009 on MD3 are among the challenges we must overcome. These laws attempt to undermine the legislative authority of the Regional Councilor (DPD).","PeriodicalId":147880,"journal":{"name":"Journal of Court and Justice","volume":"51 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132212540","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

NEGATIVE IMPLICATIONS OF CRIMINAL ACTION FOR FEMALE CHILD TRAFFICKING VICTIMS IN INDONESIA 刑事行动对印度尼西亚贩卖女童受害者的消极影响

Journal of Court and Justice Pub Date : 2023-01-02 DOI: 10.56943/jcj.v2i1.220

H. Hamja, Kodir Maulana, Asep Susanto

{"title":"NEGATIVE IMPLICATIONS OF CRIMINAL ACTION FOR FEMALE CHILD TRAFFICKING VICTIMS IN INDONESIA","authors":"H. Hamja, Kodir Maulana, Asep Susanto","doi":"10.56943/jcj.v2i1.220","DOIUrl":"https://doi.org/10.56943/jcj.v2i1.220","url":null,"abstract":"Girls are a group that is highly susceptible to the human trafficking crime. Even so, there were still very few researches on this crime from the victim's perspective. This research aims to identify various negative implications caused by human trafficking crime based on the victim's perspective through a victimological approach. The method used in this research is a qualitative method with a normative juridical approach. The data used in this research is primary data obtained from several informants, these are Health Extension Officer Kusuma Bongas and several victims who were survivors of human trafficking, through in-depth interviews and observations. According to the research findings, human trafficking is a serious crime that has a wide-ranging take effect across multiple sectors. In addition to social effects, human trafficking has negative legal consequences as well as it leads to various criminal offenses such as prostitution, the physical, sexual, and psychological exploitation of children, violations of labor laws, and other crimes. For the victims of this crime, there is still potential for unfairness and legal ambiguity due to the law's imperfect implementation in this subject. Therefore, it is important to improve the judiciary system, specifically the fair and strict laws against the human trafficking crime, in order to provide victims safeguards and have a deterrent impact on offenders.","PeriodicalId":147880,"journal":{"name":"Journal of Court and Justice","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115194785","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