HERMENEUTIKA : Jurnal Ilmu Hukum最新文献_第3页

ACTUALIZATION OF ISLAMIC LAW IN THE SHARIA BUSINESS UNIT OF THE MAKASSAR BRANCH STATE SAVINGS BANK 国家储蓄银行望加锡分行伊斯兰教法业务部实施伊斯兰教法

HERMENEUTIKA : Jurnal Ilmu Hukum Pub Date : 2023-02-23 DOI: 10.33603/hermeneutika.v6i3.8339

M. H. Ingratubun

引用次数: 0

EFFORTS TO ERADICATE AND OVERCOME DRUGS BY THE POLICE 警察根除和战胜毒品的努力

HERMENEUTIKA : Jurnal Ilmu Hukum Pub Date : 2023-02-23 DOI: 10.33603/hermeneutika.v6i3.8329

Wilhelmus Renyaan

引用次数: 0

CRIMINAL AGAINST ASSISTANT (MEDEPLICHTIGE) IN CASES OF EMBRACTION IN OFFICE AND FRAUD (CASE STUDY OF DECISION OF CENTRAL JAKARTA STATE COURT NUMBER 1194/PID.B/2018/PN JKT.SEL) 在办公室怀孕和欺诈案件中对助理(医务人员)的刑事犯罪(雅加达中央州法院第1194/ pid号判决案例研究)。B / 2018 / PN JKT.SEL)

HERMENEUTIKA : Jurnal Ilmu Hukum Pub Date : 2023-02-23 DOI: 10.33603/hermeneutika.v6i3.8325

Joelyan Joelyan

{"title":"CRIMINAL AGAINST ASSISTANT (MEDEPLICHTIGE) IN CASES OF EMBRACTION IN OFFICE AND FRAUD (CASE STUDY OF DECISION OF CENTRAL JAKARTA STATE COURT NUMBER 1194/PID.B/2018/PN JKT.SEL)","authors":"Joelyan Joelyan","doi":"10.33603/hermeneutika.v6i3.8325","DOIUrl":"https://doi.org/10.33603/hermeneutika.v6i3.8325","url":null,"abstract":"At present the legal subjects involved in criminal acts are not only one person but now this has been carried out jointly or by more than one person, there are those who commit crimes and there are those who act as orders to commit crimes, whether those who order them to commit crimes , participating in committing, persuading to commit or even committing the act itself and there are also those who assist in criminal acts. The research method used is normative juridical, namely library law research which is carried out by examining library materials or secondary data. The results of the research include that the form or form of participation in deelneming is participating in medeplegen and assistance (medeplichtigheid) contained in Articles 55 and Article 56 of the Criminal Code (KUHP). According to the formulation of the criminal provisions in Article 55 of the Criminal Code, it reads: (1) Punished as the perpetrators of a crime, namely: 1. Those who commit, order to commit or who participate in committing; 2. Those who, by giving gifts, promises, by abusing power or reputation, by force, by threat or by causing misunderstandings or by providing opportunities, means or information, have deliberately moved other people to commit criminal acts. concerned. (2) Regarding those mentioned last, what can be accounted for is only the actions that they have deliberately moved others to do, along with the consequences. While the criminal provisions in Article 56 of the Criminal Code according to the formulation reads: (1). Those who have knowingly provided assistance in committing the crime. (2). Those who intentionally provide opportunities, means or information to commit the crime.","PeriodicalId":206203,"journal":{"name":"HERMENEUTIKA : Jurnal Ilmu Hukum","volume":"186 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115643167","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

REFORM OF THE CRIMINAL LAW OF ACTIONS ABOUT THE MISUSE OF FIRE WEAPONS IN INDONESIA 印尼关于滥用火器行为的刑法改革

HERMENEUTIKA : Jurnal Ilmu Hukum Pub Date : 2023-02-23 DOI: 10.33603/hermeneutika.v6i3.8323

Debby Khoirunisa, Indra Yudha Koswara, Taun Taun

引用次数: 0

JURIDICAL STUDY OF BREACH OF LAND SALE (CASE STUDY OF DECISION NUMBER 44/PDT.G/2019/PN KDL) 土地出让违法行为的法律研究(以第44/ pdt号决定为例)。G / 2019 / PN KDL)

HERMENEUTIKA : Jurnal Ilmu Hukum Pub Date : 2023-02-23 DOI: 10.33603/hermeneutika.v6i3.8343

Angger Restu Basunondo, Fitika Andraini

{"title":"JURIDICAL STUDY OF BREACH OF LAND SALE (CASE STUDY OF DECISION NUMBER 44/PDT.G/2019/PN KDL)","authors":"Angger Restu Basunondo, Fitika Andraini","doi":"10.33603/hermeneutika.v6i3.8343","DOIUrl":"https://doi.org/10.33603/hermeneutika.v6i3.8343","url":null,"abstract":"The juridical study of default on land sale and purchase Case Study of Decision Number 44/PDT.G/2019/PN KDL and the default dispute in the decision on case Number 44/Pdt.G/2019/PN Kdl between PT Kawasan Industri Kendal and PT. Prospera Jaya. This study uses a qualitative approach which is descriptive analysis with normative juridical methods, namely by using research materials from secondary data collected through library research. The conclusions of this study are (1) Settlement of default disputes in sale and purchase agreements in the decision of Case NUMBER 44/ PDT.G/2019/PN KDL went through a mediation process. By mediating the dispute that occurred between PT Kawasan Industri Kendal as the Plaintiff and PT Prospera Jaya Group as the defendant ended amicably by carrying out several agreements in accordance with applicable law. (2) It is hoped that all companies in Indonesia experiencing civil disputes will first take part in the mediation process. So that in resolving disputes it is not just carrying out the mediation process as a formality to avoid the threat of being null and void, but should resolve disputes in accordance with the objective mediation so that a sense of justice is fulfilled and beneficial to the parties. (3) The researcher advises the general public or companies experiencing default disputes as in Case NUMBER 44/PDT.G/2019/PN KDL to carry out the same process as in the decision of the case. (4) So as to minimize losses between the two parties.","PeriodicalId":206203,"journal":{"name":"HERMENEUTIKA : Jurnal Ilmu Hukum","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114076704","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 POSITION OF WOMEN IN THE MAYBRAT TRIBE CUSTOM INHERITANCE 妇女在maybrat部落习俗传承中的地位

HERMENEUTIKA : Jurnal Ilmu Hukum Pub Date : 2023-02-23 DOI: 10.33603/hermeneutika.v6i3.8328

S. Hartini

{"title":"THE POSITION OF WOMEN IN THE MAYBRAT TRIBE CUSTOM INHERITANCE","authors":"S. Hartini","doi":"10.33603/hermeneutika.v6i3.8328","DOIUrl":"https://doi.org/10.33603/hermeneutika.v6i3.8328","url":null,"abstract":"Customary inheritance law is a law that contains lines of provisions regarding the system and principles of inheritance law, inheritance, heirs, heirs, as well as how the inheritance is transferred to its control and ownership from the heir to the heir. As for what is meant by inherited assets are the assets of heirs who have died, whether the assets have been divided or are still in a state that is not divided. This includes inherited assets, namely heirlooms, marital assets, original assets, inherited assets, and joint assets. Heirs are people who pass on their inheritance to the heirs (heirs). Heir is a term that refers to people who receive inheritance from the heir.The results showed that in the process of inheritance in the Maybrat Tribe community, only sons were entitled to inheritance in the form of customary assets in the form of WAN (Heirloom cloth), beads, land/customary rights, houses/buildings, livestock. Girls have unequal or unequal inheritance rights with boys. Daughters do not get inheritance because if the girl marries, she will leave her family and enter her new family to follow her husband. The Maybrat indigenous people adhere to a patrilineal family system in which family membership is drawn or calculated based on male lineage (father). The patrilineal family system adopted by the Maybrat tribe is a mayoral inheritance system which causes only male descendants to inherit, because the position of a man is more important than his sister who is considered able to take care of and carry on family responsibilities.","PeriodicalId":206203,"journal":{"name":"HERMENEUTIKA : Jurnal Ilmu Hukum","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126060346","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

ANALYSIS OF THE CRIMINAL SYSTEM OF THE PRACTICE OF PERSECUTION IN THE CRIMINAL OF THEFT IN THE JURISDICTION OF THE ASMAT RESORT POLICE 浅析阿斯马特警察辖区内盗窃犯罪追诉的刑事制度实践

HERMENEUTIKA : Jurnal Ilmu Hukum Pub Date : 2023-02-23 DOI: 10.33603/hermeneutika.v6i3.8330

Semy B. A. Latunussa

{"title":"ANALYSIS OF THE CRIMINAL SYSTEM OF THE PRACTICE OF PERSECUTION IN THE CRIMINAL OF THEFT IN THE JURISDICTION OF THE ASMAT RESORT POLICE","authors":"Semy B. A. Latunussa","doi":"10.33603/hermeneutika.v6i3.8330","DOIUrl":"https://doi.org/10.33603/hermeneutika.v6i3.8330","url":null,"abstract":"This study aims to determine the punishment system for perpetrators of persecution of perpetrators of criminal acts of theft in the Legal Area of the Asmat Resort Police and to determine the obstacles to law enforcement against perpetrators of practicing persecution of perpetrators of criminal acts of theft in the Legal Area of the Asmat Resort Police. The author analyzes the data using the socio-juridical approach method, that is, in addition to studying law theoretically and normatively in the form of analyzing various laws and regulations, books and articles that have a correlation and are relevant to the problems studied, will also examine the law in its implementation using techniques data collection through interviews and documentation. The criminal system and punishment that can be applied to perpetrators of persecution of perpetrators of criminal acts of theft is only limited to perpetrators of persecution who actually act as movers and provocateurs who influence the practice of persecution for members of the public at the place where the perpetrators of theft were caught, by imposing Article 170 Paragraph (3) and Article 351 of the Criminal Code, if the persecution is carried out until the perpetrator of the theft dies, while other residents who carry out the persecution are not harmed. The obstacles to law enforcement for the perpetrators of the persecution of the perpetrators of the crime of theft include the lack of Investigation Unit personnel and members of the Asmat Police, the absence of operational car facilities that can carry the perpetrators of persecution because there are no cars that can operate in the Asmat Regency area, the lack of members' legal knowledge, and the absence of a district attorney's office or a district court in Asmat District, which made it difficult for the perpetrators of persecution to be detained.","PeriodicalId":206203,"journal":{"name":"HERMENEUTIKA : Jurnal Ilmu Hukum","volume":"8 3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134580573","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

CORRELATION BETWEEN GENERAL CRIMINAL PROVISIONS AND SPECIAL CRIMINAL PROVISIONS CONCERNING THE CRIMINAL ACTION OF DEFENSE 刑事防卫行为一般刑法规定与特别刑法规定的关系

HERMENEUTIKA : Jurnal Ilmu Hukum Pub Date : 2023-02-23 DOI: 10.33603/hermeneutika.v6i3.8332

YohanisS. Bakti

引用次数: 0

ANALYSIS OF THE PHENOMENA OF THE MASS JUDGMENT FROM A LEGAL SOCIOLOGICAL POINT OF VIEW 从法律社会学的角度分析大众判决现象

HERMENEUTIKA : Jurnal Ilmu Hukum Pub Date : 2023-02-23 DOI: 10.33603/hermeneutika.v6i3.8338

Octavia Zulkarnain

{"title":"ANALYSIS OF THE PHENOMENA OF THE MASS JUDGMENT FROM A LEGAL SOCIOLOGICAL POINT OF VIEW","authors":"Octavia Zulkarnain","doi":"10.33603/hermeneutika.v6i3.8338","DOIUrl":"https://doi.org/10.33603/hermeneutika.v6i3.8338","url":null,"abstract":"The act of taking the law into your own hands (eigenrichting) is a disgraceful act and also violates the laws in force in Indonesia. Vigilante is referred to from the Dutch language, namely \"Eigenrechting\" which means how to take the law by yourself, take rights without regard to the law, without being known by the government and without using the tools of government power. Facts on the ground show that there are vigilante acts that almost always occur at the same time as a number of other individual rights are violated. For this reason, the state prohibits vigilante action because it is contrary to applicable law. Taking the law into your own hands is also an indicator indicating a low level of legal awareness in society. This paper aims to provide an overview of vigilantism (Eigenrechting) and to explain the phenomenon of mass judgment from the perspective of the sociology of law. This study applies normative legal research using approaches that include the Case Approach, Legislation Approach and Legal Concept Analysis Approach. Based on the analysis carried out, it can be seen that vigilante acts are triggered by emotional factors towards law enforcers and suspected criminals. On the other hand, perpetrators of taking the law into their own hands can be subject to criminal penalties in accordance with Article 351 of the Criminal Code and Article 261 of Law no. 1 of 2023. The act of taking the law into your own hands according to the national legal order violates the principle of the presumption of innocence so that a determination regarding whether an individual is guilty or not must go through a legal process first, this is because there is a chance that he is not guilty but becomes a victim of taking the law into his own hands.","PeriodicalId":206203,"journal":{"name":"HERMENEUTIKA : Jurnal Ilmu Hukum","volume":"52 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127124210","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

COMMUNITY PARTICIPATION IN REALIZING DEMOCRATIC ELECTIONS IN PAPUA PROVINCE IN THE PERSPECTIVE OF THE GENERAL ELECTION SUPERVISORY BODY 从大选监督机构的角度看，社区参与巴布亚省实现民主选举

HERMENEUTIKA : Jurnal Ilmu Hukum Pub Date : 2023-02-23 DOI: 10.33603/hermeneutika.v6i3.8331

Salesius Jemaru

{"title":"COMMUNITY PARTICIPATION IN REALIZING DEMOCRATIC ELECTIONS IN PAPUA PROVINCE IN THE PERSPECTIVE OF THE GENERAL ELECTION SUPERVISORY BODY","authors":"Salesius Jemaru","doi":"10.33603/hermeneutika.v6i3.8331","DOIUrl":"https://doi.org/10.33603/hermeneutika.v6i3.8331","url":null,"abstract":"This study aims to determine the role of the community in realizing democratic general elections with various indicators in each stage of the 2014 Legislative Election. This research was conducted in Bovel Digoel Regency, Paniai Regency, Yahukimo Regency, Yapen Islands Regency and Keerom Regency. Primary data and secondary data were obtained through documentation studies, observations and interviews with various related parties. The results of the study show the role and participation of the community in the General Election, the role of the community in supervising each stage of the General Election, the role of the community in realizing political rights in the General Election, the influence of local political developments. Meanwhile, the obstacles that affect the participation of the community in the General Election are internal factors including the integrity of election organizers, the synergy of election organizers, adherence and adherence of organizers to the code of ethics, and external factors, namely the intervention of local officials, socialization of election regulations that have not been maximized and the influence of local customs and culture on the electoral system.","PeriodicalId":206203,"journal":{"name":"HERMENEUTIKA : Jurnal Ilmu Hukum","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125499938","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