Jurnal Gagasan Hukum最新文献

Criminological Analysis of Criminal Actions Motor Vehicle Theft Based Victimological Perspective (Decision Number: 168/Pid.B/2022/PN.Kla) 基于被害人视角的机动车盗窃犯罪行为犯罪学分析(决定号:168/Pid.B/2022/PN.Kla)

Jurnal Gagasan Hukum Pub Date : 2023-07-30 DOI: 10.31849/jgh.v5i01.13211

Albertus Hazel Bernaditya, Lukmanul Hakim, Gindha Ansori Wayka, Analisis Kriminologi, Terhadap Tindak, Pidana Pencurian, Kendaraan Bermotor, Berdasarkan Perspektif, Studi Putusan Nomor, Pid, Pn, Kla, Jurnal Gagasan Hukum

{"title":"Criminological Analysis of Criminal Actions Motor Vehicle Theft Based Victimological Perspective (Decision Number: 168/Pid.B/2022/PN.Kla)","authors":"Albertus Hazel Bernaditya, Lukmanul Hakim, Gindha Ansori Wayka, Analisis Kriminologi, Terhadap Tindak, Pidana Pencurian, Kendaraan Bermotor, Berdasarkan Perspektif, Studi Putusan Nomor, Pid, Pn, Kla, Jurnal Gagasan Hukum","doi":"10.31849/jgh.v5i01.13211","DOIUrl":"https://doi.org/10.31849/jgh.v5i01.13211","url":null,"abstract":"Criminology is the science that studies crime. Crime is an act that harms society so that a negative reaction is given to it. One of the crimes that often occurs in society is the crime of motor vehicle theft. It is said to be detrimental because of the crime of theft of a motorized vehicle whose target object is a motorized vehicle that has high mobility and has high economic value. While victimology is the study of victims. It is said as a victim because there are several factors that make people commit these crimes. The problems in this study are the factors that cause the crime of motor vehicle theft and legal protection for the perpetrators of theft who participate in helping the main perpetrators based on a victimological perspective. The results of this research and discussion show that the factors that cause the crime of motor vehicle theft are environmental and economic factors. This was due to an invitation from a friend of the defendant who invited him to commit the theft as well as economic factors due to the high level of poverty which made the defendant not hesitate to take part in the theft of motorized vehicles. As well as legal protection for the perpetrators of theft who participate in helping the main actors based on the perspective of victimology is to get justice as fair as possible because the defendant behaves well and surrenders himself to the authorities. \u0000 ","PeriodicalId":198081,"journal":{"name":"Jurnal Gagasan Hukum","volume":"158 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122984337","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

Law Enforcement By Drugs Reserve Unit In Metro Resort Police Against Narcotics Abuse In Public Audience (Decision Number: 176/Pid.Sus/2021/Pn.Met) 都市度假区警察毒品储备股打击公众毒品滥用执法(决定号:176/Pid.Sus/2021/Pn.Met)

Jurnal Gagasan Hukum Pub Date : 2023-07-30 DOI: 10.31849/jgh.v5i01.13043

Jurnal Gagasan Hukum, Risti Dwi Ramasari, Kandiawan Putra, Raja Oloan Rambe

{"title":"Law Enforcement By Drugs Reserve Unit In Metro Resort Police Against Narcotics Abuse In Public Audience (Decision Number: 176/Pid.Sus/2021/Pn.Met)","authors":"Jurnal Gagasan Hukum, Risti Dwi Ramasari, Kandiawan Putra, Raja Oloan Rambe","doi":"10.31849/jgh.v5i01.13043","DOIUrl":"https://doi.org/10.31849/jgh.v5i01.13043","url":null,"abstract":"The rise of narcotics abuse cases in Indonesia is currently increasingly troubling the community. Perpetrators of narcotics abuse are not only adults, even teenagers or parents are very many. The domino effect resulting from narcotics abuse is also increasingly diverse, and efforts to overcome narcotics abuse are steps that are not easy \u0000to implement. The problem in this study is how the efforts by the Metro Police Narcotics Investigation Unit and the inhibiting factors in law enforcement against perpetrators of narcotics abuse in the general public.Research method The research method uses a normative juridical approach and an empirical approach using secondary data and primary data, then a qualitative juridical data analysis is carried out. The results of the study show: \u0000(1) Law enforcement efforts by the Metro Police Drug Investigation Unit against perpetrators of narcotics abuse in the general public through preventive and repressive measures. (2) The inhibiting factors are the lack of coordination in the field and the limited personnel of drug investigators, the lack of supervision of the community for the prevention and eradication of drugs in the community, and the lack of facilities and infrastructure in the counseling and coaching process that support the prevention of drug crimes.Suggestions, awareness is needed from all parties, both from the government, society and the perpetrators themselves to be immediately aware of the dangers of narcotics abuse by holding and attending more frequent seminars, legal counseling and discussions regarding the dangers of narcotics.","PeriodicalId":198081,"journal":{"name":"Jurnal Gagasan Hukum","volume":"48 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130517036","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

Judges' Considerations In Implementing Criminal Sanctions To Persons Of The Crime For Forcing Children To Perform Abusive Actions (Decision Number: 150/Pid.Sus/2021/PN Gdt) 法官对强迫儿童实施虐待行为罪犯罪人实施刑事制裁的考虑(决定号:150/Pid)。Sus / 2021 / PN Gdt)

Jurnal Gagasan Hukum Pub Date : 2023-07-30 DOI: 10.31849/jgh.v5i01.13016

Jurnal Gagasan Hukum, Muhammad Umar Adinata, S. Endang, Indah Satria

{"title":"Judges' Considerations In Implementing Criminal Sanctions To Persons Of The Crime For Forcing Children To Perform Abusive Actions (Decision Number: 150/Pid.Sus/2021/PN Gdt)","authors":"Jurnal Gagasan Hukum, Muhammad Umar Adinata, S. Endang, Indah Satria","doi":"10.31849/jgh.v5i01.13016","DOIUrl":"https://doi.org/10.31849/jgh.v5i01.13016","url":null,"abstract":"Abstract \u0000One example of the crime of forcing a child to commit obscene acts is based on Decision Number: 150/Pid.Sus/2021/PN Gdt which states that the Defendant Nuzul Hairi Bin Nurul Huda has been legally and convincingly proven guilty of committing a crime of committing violence and threats of forceful violence child commits obscene acts. Factors that cause perpetrators to commit crimes of forcing children to commit obscene acts based on Decision Number: 150/Pid.Sus/2021/PN Gdt are educational factors, environmental factors or place of residence. The criminal act of sexual intercourse with a child in the jurisdiction of the Pesawaran Resort Police is indicated by the process of development of culture and civilization. Displacement of norms of behavior in western cultural areas and studied as a mental conflict or as a clash of cultural values. Economic factor theory is fundamental to all social structures. Economic development in the jurisdiction of the Pesawaran Resort Police tends to be uneven, there are still many people who have not found work or are unemployed. This condition causes social deviations in society, such as the crime of sexual intercourse with a child in the jurisdiction of the Pesawaran Resort Police. The judge's considerations in applying criminal sanctions to perpetrators of the crime of forcing children to commit obscene acts based on Decision Number: 150/Pid.Sus/2021/PN Gdt consist of 2 (two) things, namely aggravating things and mitigating things. What was aggravating was that the actions of the defendant had damaged the future of the witness-victim, the parents of the witness-victim felt very objection to the actions of the defendant, and the actions of the defendant had violated religious norms. Meanwhile, the mitigating factors are that the defendant admits and regrets his actions and promises not to repeat his actions, and the defendant has never been punished.","PeriodicalId":198081,"journal":{"name":"Jurnal Gagasan Hukum","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129522719","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

Legal Security Of Land Ownership By The System Law In Indonesia And Judicia Practice 印尼土地所有权的制度法律保障及司法实践

Jurnal Gagasan Hukum Pub Date : 2023-07-30 DOI: 10.31849/jgh.v5i01.13232

Barita Sidabutar

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Optimizing The Role Of The State Administrative Court In Assessing Elements Of Abuse of Authority Based on Law No. 30 of 2014 jo. Supreme Courts No. 4 of 2015 基于2014年省部法第30号优化国家行政法院在职权滥用认定中的作用。最高法院2015年第4号判决

Jurnal Gagasan Hukum Pub Date : 2023-07-30 DOI: 10.31849/jgh.v5i01.13158

Jurnal Gagasan Hukum, Bagus Teguh Santoso, Samuel Dharma, Putra Nainggolan, Jamalum Sinambela, Kholilur Rahman

引用次数: 0

Copyright And Music And Song Art Works In The Digital Era 数字时代的版权与音乐与歌曲艺术作品

Jurnal Gagasan Hukum Pub Date : 2023-07-30 DOI: 10.31849/jgh.v5i01.14228

Dwi Anindya Harimurti

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The Contradiction Of Diversion Become An Option For Handling And Resolving Cases Against Children Who Complete Criminal Actions 分流矛盾成为处理和解决对完成刑事诉讼的儿童案件的一种选择

Jurnal Gagasan Hukum Pub Date : 2023-07-30 DOI: 10.31849/jgh.v5i01.13729

Retno Dwi Astuti, Anggi Dwita, Yusabbihu Zafarina, Sadiah, Surya Afif Rahmandika, Herli Antoni, Kontradiksi Diversi, Yang Menjadi, Suatu Opsi, Penanganan Dan, Penuntasan Kasus, Terhadap Anak, Yang Melakukan, Tindak Pidana

{"title":"The Contradiction Of Diversion Become An Option For Handling And Resolving Cases Against Children Who Complete Criminal Actions","authors":"Retno Dwi Astuti, Anggi Dwita, Yusabbihu Zafarina, Sadiah, Surya Afif Rahmandika, Herli Antoni, Kontradiksi Diversi, Yang Menjadi, Suatu Opsi, Penanganan Dan, Penuntasan Kasus, Terhadap Anak, Yang Melakukan, Tindak Pidana","doi":"10.31849/jgh.v5i01.13729","DOIUrl":"https://doi.org/10.31849/jgh.v5i01.13729","url":null,"abstract":"Diversion is a system of handling outside the formal justice system process due to criminal cases involving child perpetrators who are underage. Settlement through diversion is reserved for children in conflict with the law. This journal writing research method uses normative theory. Therefore, according to Article 108 of Law of the Republic of Indonesia Number 11 of 2012 concerning the Juvenile Criminal Justice System, the diversion system is used for reasons of distancing and separating underage perpetrators from settlement through the formal justice system so that discrimination does not occur against child offenders. Through prevention efforts in the form of diversion, it does not provide a deterrent effect so that underage criminals underestimate the existence of these diversion efforts. Efforts so that child victims are protected from children who commit acts against the law or perpetrators are maximally not giving diversion to children who return to committing crimes after a judge's decision.","PeriodicalId":198081,"journal":{"name":"Jurnal Gagasan Hukum","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125221423","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

Legal Consequences For a PPAT Sale and Purchase Deed’s to Buyers Who Dont Own the Object of Sale and Purchase PPAT买卖契约对没有买卖标的的买受人的法律后果

Jurnal Gagasan Hukum Pub Date : 2023-01-31 DOI: 10.31849/jgh.v4i2.12937

Risa Septiana, M. Sudirman, Erny Kencanawati

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Implementation Of Regional Regulation Number 9 Of 2004 Regarding Permits For Establishing Supermarkets In Marpoyan Damai District 执行2004年第9号关于在马波扬达迈区设立超市许可证的地区条例

Jurnal Gagasan Hukum Pub Date : 2023-01-29 DOI: 10.31849/jgh.v4i2.12747

Riantika Pratiwi, Ghatra Alhadi

引用次数: 0

Judges' Considerations In Making Decisions On Actors Who Distribute/ Transmission Of Information/ Documents Violated Electronics Decency (Decision Study Number: 471/Pid.Sus/2022/PN Tjk) 法官对分发/传输违反电子规范的信息/文件的行为者作出判决时的考虑(决策研究编号:471/Pid)。Sus / 2022 / PN Tjk)

Jurnal Gagasan Hukum Pub Date : 2023-01-29 DOI: 10.31849/jgh.v4i2.12930

Aditya Rahmad Saputra, I Ketut Seregig, Yulia Hesti

引用次数: 0