Jurnal Ilmiah Penegakan Hukum最新文献_第2页

Analisis Hukum Terhadap Pertimbangan Hakim Atas Vonis Nihil Kepada Pelaku Tindak Pidana Korupsi 对法官审判的法律分析对腐败罪犯的零判决

Jurnal Ilmiah Penegakan Hukum Pub Date : 2022-12-31 DOI: 10.31289/jiph.v9i2.7076

Fitria Ramadhani Siregar, Nanang Tomi Sitorus

{"title":"Analisis Hukum Terhadap Pertimbangan Hakim Atas Vonis Nihil Kepada Pelaku Tindak Pidana Korupsi","authors":"Fitria Ramadhani Siregar, Nanang Tomi Sitorus","doi":"10.31289/jiph.v9i2.7076","DOIUrl":"https://doi.org/10.31289/jiph.v9i2.7076","url":null,"abstract":"This study aims to determine and analyze the verdict of zero in the corruption case committed by the defendant on behalf of Heru Hidayat which was reported in the corruption case at PT. Asuransi Jiwasraya which cost the state Rp. 16 trillion and the defendant was sentenced to life imprisonment, but for the Corruption Crime Case at PT. ASABRI caused a loss to the state of Rp. 22.78 trillion, but the defendant and the judge handed down a zero sentence verdict, of course this greatly disturbed the justice of the people in Indonesia. This research method uses a type of normative juridical research, namely research conducted by means of a literature study and a case approach. After the data is collected, a qualitative analysis is carried out. The results of this study are to explain that a zero sentence is regulated in Article 67 of the Criminal Code which states that if someone has been sentenced to death or life imprisonment, then no other punishment may be imposed except for the revocation of certain rights. However, these provisions limit the possibility of people who commit various criminal acts who are then tried either at the same time or tried separately for a total of more than 20 years in prison. Based on Article 272 of the Criminal Procedure Code, the convict is sentenced to imprisonment or confinement and then sentenced to a similar sentence before serving the sentence previously imposed, then the sentence is carried out successively starting with the sentence that was imposed first","PeriodicalId":216039,"journal":{"name":"Jurnal Ilmiah Penegakan Hukum","volume":"79 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124108661","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

Urgensi Prinsip Musyawarah Terhadap Lembaga Daerah Dalam Perspektif Negara Hukum Pancasila 从潘卡西拉法国法的角度来看，对地方当局的审议原则的紧迫性

Jurnal Ilmiah Penegakan Hukum Pub Date : 2022-12-31 DOI: 10.31289/jiph.v9i2.8232

Cynthia Hadita, Susi Dwi Harijanti

引用次数: 0

Problematika Residivis Kekerasan Seksual Terhadap Anak Setelah Eksekusi Pidana Tambahan Kebiri Kimia 在处决多名儿童后，对儿童的性侵犯有问题

Jurnal Ilmiah Penegakan Hukum Pub Date : 2022-12-31 DOI: 10.31289/jiph.v9i2.8078

Ghatfhan Hanif, Rosalia Dika Agustanti

{"title":"Problematika Residivis Kekerasan Seksual Terhadap Anak Setelah Eksekusi Pidana Tambahan Kebiri Kimia","authors":"Ghatfhan Hanif, Rosalia Dika Agustanti","doi":"10.31289/jiph.v9i2.8078","DOIUrl":"https://doi.org/10.31289/jiph.v9i2.8078","url":null,"abstract":"This paper aims to analyze the construction of criminal law that is relevant to human rights (HAM) and establish progressive legal reinforcement in responding to current legal issues so that the problems of this paper can be focused on elements of recidivism, chemical castration, and progressive law. The research method uses normative research methods with a literature study approach and is then analyzed qualitatively. The results of the study conclude that progressive legal dialectic orients towards human welfare and happiness. Criminal law regulates violations and crimes that exist in acts of human behavior, indeed the concept of law in Indonesia adheres to civil law, which means that the substance and explanation are codified and recorded, so in the context of crimes of sexual violence that have been regulated in the Criminal Code (KUHP) , laws on child protection, and government regulations on chemical castration that are textually formulated (books). The legal principle views legal certainty, justice and usefulness, but in the context of the use of chemical castration on recidivists it seems paradoxical, on the one hand it wants to deter, on the other hand it wants to treat or recover.","PeriodicalId":216039,"journal":{"name":"Jurnal Ilmiah Penegakan Hukum","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128832086","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

Eksistensi Penyelesaian Sengketa Masyarakat Hukum Adat dalam Pencegahan Perusakan Kawasan Hutan 解决部落法纠纷以防止森林破坏的问题的存在

Jurnal Ilmiah Penegakan Hukum Pub Date : 2022-12-31 DOI: 10.31289/jiph.v9i2.7342

Taufik Siregar, Fitri Yanni Dewi Siregar

{"title":"Eksistensi Penyelesaian Sengketa Masyarakat Hukum Adat dalam Pencegahan Perusakan Kawasan Hutan","authors":"Taufik Siregar, Fitri Yanni Dewi Siregar","doi":"10.31289/jiph.v9i2.7342","DOIUrl":"https://doi.org/10.31289/jiph.v9i2.7342","url":null,"abstract":"This study aims to find out that forest management often occurs when conflicts arise between the community and the state regarding land/natural resources. In customary law communities, disputes that have occurred have long been resolved by deliberation and consensus through customary institutions known as customary courts. This study uses normative legal research that is descriptive analytical, with a normative juridical approach, namely an approach based on the main legal materials related to this research. The data analysis in this study was carried out qualitatively. The results of the study indicate that the existence of customary law as a component of legal substance must be given a reasonable place in the development of legal materials in accordance with the socio-cultural diversity of the community. Disputing Indigenous Peoples generally have different customary laws which are strongly adhered to by the community, so that it can make it difficult to resolve disputes that occur. In general, the causes of this case are due to the acquisition of forest areas for plantations, usurpation of customary lands and violations of other prohibitions by plantation companies against customary law","PeriodicalId":216039,"journal":{"name":"Jurnal Ilmiah Penegakan Hukum","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115095663","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

Implementasi Asas No Work No Pay Dalam Pemenuhan Hak Pekerja/Buruh Perempuan Berdasarkan Pasal 82 Ayat (2) Undang-Undang Nomor 13 Tahun 2003

Jurnal Ilmiah Penegakan Hukum Pub Date : 2022-12-31 DOI: 10.31289/jiph.v9i2.8150

Mustika Prabaningrum Kusumawati

{"title":"Implementasi Asas No Work No Pay Dalam Pemenuhan Hak Pekerja/Buruh Perempuan Berdasarkan Pasal 82 Ayat (2) Undang-Undang Nomor 13 Tahun 2003","authors":"Mustika Prabaningrum Kusumawati","doi":"10.31289/jiph.v9i2.8150","DOIUrl":"https://doi.org/10.31289/jiph.v9i2.8150","url":null,"abstract":"Female workers/laborers are in a vulnerable condition compared to male workers/laborers. Naturally, female workers/laborers experience pregnancy and even in the worst condition, miscarriage. No woman wants this miscarriage condition and if this condition is experienced by female workers/laborers it will have an impact on the performance and production process of the company. This is because it is certain that female workers/laborers cannot work because of these conditions. This study aims to find out the essence of implementing the no work no pay principle in fulfilling the rights of female workers/laborers who experience miscarriages based on Article 82 paragraph (2) of Law Number 13 of 2003 concerning Manpower. This research is a normative legal research with a descriptive analytical nature using a literary approach and a field approach. The analysis of the data obtained in this study was carried out qualitatively. The results of the research show that the no work no pay principle does not apply absolutely. This is because there are several exceptions in Law Number 13 of 2003 concerning Manpower which requires employers to continue to pay their workers/laborers wages even if they are not working when workers/laborers use their right to rest, one of which is for female workers/laborers who experience miscarriages","PeriodicalId":216039,"journal":{"name":"Jurnal Ilmiah Penegakan Hukum","volume":"58 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133244131","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

Implementasi Hukum Penerapan Pidana Tambahan Bagi Penggedar Narkotika Golongan I (Studi Wilayah PN. Lubuk Pakam) 执行本级扫毒法(PN分区研究)的额外刑事适用法。内心深处Pakam)

Jurnal Ilmiah Penegakan Hukum Pub Date : 2022-12-31 DOI: 10.31289/jiph.v9i2.7190

Kristin Devi Yanti

{"title":"Implementasi Hukum Penerapan Pidana Tambahan Bagi Penggedar Narkotika Golongan I (Studi Wilayah PN. Lubuk Pakam)","authors":"Kristin Devi Yanti","doi":"10.31289/jiph.v9i2.7190","DOIUrl":"https://doi.org/10.31289/jiph.v9i2.7190","url":null,"abstract":"This study aims first to find out the form of the relationship between Police Investigators and Public Prosecutors and Judges in law enforcement of narcotics illicit trafficking and to know the urgency of applying additional punishment for class I narcotics dealers in the perspective of sentencing theory. This type of research is empirical juridical. This type of research is used because the research is directly related to the community to be studied. This type of research was carried out by analyzing data and interviews, then analyzed qualitatively. The first result of the research is that the relationship between Police Investigators and Public Prosecutors and Judges is an integral part of the Indonesian criminal justice system. The second result, that the application of additional punishment for class I narcotics traffickers aims to provide legal certainty in the perspective of criminal theory as well as provide benefits to the state such as confiscation of the assets of the accused which will become state property and can be utilized by the state for the benefit of the wider community. In addition, the announcement of the judge's decision in the mass media, for example, will have a preventive effect on the public not to commit crimes of narcotics distribution. The third result, is an additional form of punishment that is in accordance with the Indonesian penal system that can be applied to class I drug dealers, namely the confiscation of certain goods and the announcement of a judge's decision as a form of additional criminal application","PeriodicalId":216039,"journal":{"name":"Jurnal Ilmiah Penegakan Hukum","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117252108","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

Mencegah Penularan Covid-19 Di Bandar Udara Melalui Instrumen Hukum

Jurnal Ilmiah Penegakan Hukum Pub Date : 2022-12-31 DOI: 10.31289/jiph.v9i2.7694

M. Purba, Hasim Purba, Aflah, Siti Nurahmi Nasution

{"title":"Mencegah Penularan Covid-19 Di Bandar Udara Melalui Instrumen Hukum","authors":"M. Purba, Hasim Purba, Aflah, Siti Nurahmi Nasution","doi":"10.31289/jiph.v9i2.7694","DOIUrl":"https://doi.org/10.31289/jiph.v9i2.7694","url":null,"abstract":"This article aims to examine the implementation of the Regulation of the Minister of Transportation No.18 of 2020 concerning Transportation Control in the Context of Prevention of Covid-19 (“MoTR No.18/2020”) as amended by Regulation of the Minister of Transportation No.41 of 2020 which serves as a guideline for infrastructure providers. transportation such as managers of terminals, stations, seaports and airports in implementing health protocols and transportation control. This research combines normative juridical law research methods and empirical legal research. Normative legal research is carried out by taking an inventory of related laws and regulations, journals, other encyclopedias related to the topic of this research. Meanwhile, empirical legal research was conducted by conducting interviews with the management of PT. Angkasa Pura II (Persero) Kuala Namu and direct observation at Kuala Namu Airport. The data obtained will then be analyzed qualitatively and deductive conclusions are drawn. The results obtained, that there are still some discrepancies in the application of health protocols properly and correctly due to lack of awareness to carry out health protocols and the absence of strict sanctions and supervision for violations of these","PeriodicalId":216039,"journal":{"name":"Jurnal Ilmiah Penegakan Hukum","volume":"734 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122940312","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

Faktor Penghambat Penegakan Hukum Merek Di Sumatera Utara 抑制品牌执法的因素在北苏门答腊

Jurnal Ilmiah Penegakan Hukum Pub Date : 2022-12-31 DOI: 10.31289/jiph.v9i2.7155

M. C. Ramadhan, Rizkan Zulyadi, Siti Nur Khadijah, Jaya Prana Pinem

{"title":"Faktor Penghambat Penegakan Hukum Merek Di Sumatera Utara","authors":"M. C. Ramadhan, Rizkan Zulyadi, Siti Nur Khadijah, Jaya Prana Pinem","doi":"10.31289/jiph.v9i2.7155","DOIUrl":"https://doi.org/10.31289/jiph.v9i2.7155","url":null,"abstract":"This research was conducted in order to identify the factors that become obstacles in the enforcement of criminal law marks in the jurisdiction of the Regional Police of North Sumatra (Poldasu). The method used in this research is normative-empirical law research (applied law research). A literature study was conducted on the legal literature, a field study was conducted on respondents with in-depth interviews with 2 officers from the Criminal Investigation Unit at Poldasu. The results of the research and discussion show that law enforcement is influenced by several factors, which then become obstacles in the implementation of the process, such as: 1) Legal factors, where the term that refers to criminal marks in Law no. 21 of 2016 concerning Marks and Geographical Indications (UU MIG) uses the word “violation” and there are provisions for complaint offenses; (Constitution); 2) Law enforcement factors, namely the parties that form and apply the law; 3) Factors of facilities and facilities that support law enforcement; 4) Community factors, namely the environment in which the law applies and is applied. 5) Cultural factors, namely as a result of work, creativity and taste based on human initiative in social life","PeriodicalId":216039,"journal":{"name":"Jurnal Ilmiah Penegakan Hukum","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130435399","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

Penerapan Peraturan Mahkamah Agung Nomor 1 Tahun 2020 Tentang Pedoman Pemidanaan Pasal 2 Dan Pasal 3 Undang-Undang Pemberantasan Tindak Pidana Korupsi Di Pengadilan Negeri Pekanbaru

Jurnal Ilmiah Penegakan Hukum Pub Date : 2022-12-31 DOI: 10.31289/jiph.v9i2.7568

Tri Novita Sari Manihuruk, Y. Daeng, Olivia Anggie Johar

{"title":"Penerapan Peraturan Mahkamah Agung Nomor 1 Tahun 2020 Tentang Pedoman Pemidanaan Pasal 2 Dan Pasal 3 Undang-Undang Pemberantasan Tindak Pidana Korupsi Di Pengadilan Negeri Pekanbaru","authors":"Tri Novita Sari Manihuruk, Y. Daeng, Olivia Anggie Johar","doi":"10.31289/jiph.v9i2.7568","DOIUrl":"https://doi.org/10.31289/jiph.v9i2.7568","url":null,"abstract":"This study aims to find out the guidelines used by the panel of judges in dealing with criminal acts of corruption, especially acts that are subject to offenses under Article 2 and Article 3 of the Corruption Law based on PERMA Number 1 of 2020. Juridically, the PERMA is binding on Pekanbaru District Court Judges in making their decisions. . However, the facts on the ground show that there is still a disparity in sentencing by judges at the Pekanbaru District Court in passing their decisions on corruption crimes which are subject to articles 2 and 3 of the Corruption Law. The research method in this writing is a normative research method that is descriptive analysis using primary legal sources, secondary legal materials and tertiary legal materials then analyzed qualitatively using logical thinking in drawing conclusions which are carried out deductively. The results of the research show that the application of Supreme Court Regulation Number 1 of 2020 concerning Guidelines for Punishment of Articles 2 and Article 3 of the Law on the Eradication of Corruption Crimes in the Pekanbaru District Court has been properly implemented. This means that in determining the severity of the crime the Pekanbaru District Court judge considers sequentially the stages, including the following: categories of state financial losses or the country's economy; error rate, impact and profit; range of criminal convictions; aggravating and mitigating circumstances; criminal conviction; and other provisions related to criminal imposition","PeriodicalId":216039,"journal":{"name":"Jurnal Ilmiah Penegakan Hukum","volume":"271 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132296249","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

Optimalisasi Penerapan Penyanderaan (Gijzeling) sebagai Upaya Penegakan Hukum (Law Enforcement) dalam Penerimaan Pajak (Studi Kasus Pelaksanaan Penyanderaan Di Kantor Wilayah Direktorat Jenderal Pajak Sumatera Utara I) 优化人质劫持应用(gijling)作为收税执法工作(Sumatera北部税务总局人质案件研究)

Jurnal Ilmiah Penegakan Hukum Pub Date : 2022-12-31 DOI: 10.31289/jiph.v9i2.8295

Angreni Fajrin Dalimunthe, Budiman Ginting, Sunarmi, Utary Maharany Barus

{"title":"Optimalisasi Penerapan Penyanderaan (Gijzeling) sebagai Upaya Penegakan Hukum (Law Enforcement) dalam Penerimaan Pajak (Studi Kasus Pelaksanaan Penyanderaan Di Kantor Wilayah Direktorat Jenderal Pajak Sumatera Utara I)","authors":"Angreni Fajrin Dalimunthe, Budiman Ginting, Sunarmi, Utary Maharany Barus","doi":"10.31289/jiph.v9i2.8295","DOIUrl":"https://doi.org/10.31289/jiph.v9i2.8295","url":null,"abstract":"This research focuses on Optimizing the Implementation of Hostage Taking (Gijzeling) as an Effort to Enforce Law in Tax Revenue (Case Study of Taxpayer Hostage Taking in Regional Office I of the Directorate General of Taxes, North Sumatra Province). The research method used in this study is normative legal research or doctrinal legal research. This research is descriptive with qualitative data analysis methods. The results of the study indicate that the hostage taking (Gijzeling) at the Regional Office I of the Directorate General of Taxes of North Sumatra Province has been carried out in accordance with statutory regulations, namely the Provision of Compensation in terms of Tax Collection by Warrant juncto Regulation of the Directorate General of Taxes Number PER-03/PJ/ 2018 concerning Amendment to the Decree of the Directorate General of Taxes Number KEP-218/PJ/2003 concerning Guidelines for Hostage Taking and Rehabilitation of the Reputation of Taxpayers Hostage. Tax bearers who have been taken as hostages have fully paid their tax debts which have resulted in increased tax revenues and coordination with related agencies so that hostage-taking (gijzeling) is an effort to enforce the law. in optimizing tax revenue can be implemented properly","PeriodicalId":216039,"journal":{"name":"Jurnal Ilmiah Penegakan Hukum","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128148855","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