Al Daulah : Jurnal Hukum Pidana dan Ketatanegaraan最新文献

The Effectiveness Of The Application Of The Last Resort Principle On Child Residivists In The Child Criminal Justice System 最后手段原则在儿童刑事司法制度中对儿童犯罪分子适用的有效性

Al Daulah : Jurnal Hukum Pidana dan Ketatanegaraan Pub Date : 2022-06-25 DOI: 10.24252/ad.v1i2.28183

Mahdiyyah, S. Muchtar, Hijrah Adhyanti Mirzana

引用次数: 1

The Controversy Of The Over Granting Remissions Against Narcotics Abused During The Covid-19 Pandemic Covid-19大流行期间滥用麻醉品的过度减免争议

Al Daulah : Jurnal Hukum Pidana dan Ketatanegaraan Pub Date : 2022-06-03 DOI: 10.24252/ad.v1i2.26533

J. Widodo

{"title":"The Controversy Of The Over Granting Remissions Against Narcotics Abused During The Covid-19 Pandemic","authors":"J. Widodo","doi":"10.24252/ad.v1i2.26533","DOIUrl":"https://doi.org/10.24252/ad.v1i2.26533","url":null,"abstract":"The Covid-19 pandemic has a serious impact on many countries in the world, one is Indonesia. The misuse and distribution of narcotics in Indonesia has become a serious and worrying problem. Narcotics are a real threat and the eradication still requires serious handling, especially during the current Covid-19 pandemic. The implementation of massive remissions during a pandemic era like today has a lot of controversy. The legal issues that will be discussed in this paper are the controversy over granting remissions during the Covid-19 pandemic and how is the implementation of remissions to narcotics criminals during the pandemic? The research method used normative juridical research method which related to the provisions of normative law that apply in society. The results of this study show that the provision of large-scale remissions during the COVID-19 pandemic as today is controversy. This is because remission has an impact on perpetrators of abusing narcotics again. However, if remissions are not given to the prisoners, the inhabited prison will be overcapacity. This overcapacity will have an impact on ineffective services and empowerment in its implementation. This is part of a form of community-based punishment or social reintegration, namely the return of prisoners to the community, because for prisoners who get remission, it does not mean that they get a reduced sentence, but they serve the rest of their sentence outside prison. \u0000Keywords: Narchotics; Pandemic Covid-19; Prisoner; Remission","PeriodicalId":266641,"journal":{"name":"Al Daulah : Jurnal Hukum Pidana dan Ketatanegaraan","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-06-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129008282","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

Penegakan Hukum Terhadap Pelaku Tindak Pidana Penganiayaan Anak 对猥亵儿童者的执法

Al Daulah : Jurnal Hukum Pidana dan Ketatanegaraan Pub Date : 2021-12-24 DOI: 10.24252/ad.v1i1.23843

Kurniawan Kurniawan

引用次数: 0

Menilik Penerapan Prinsip Yurisdiksi Universal Negara terhadap Kejahatan Perompakan di Laut Lepas Menurut Hukum Internasional 根据国际法，调查国家普遍管辖原则对公海海盗罪行的适用

Al Daulah : Jurnal Hukum Pidana dan Ketatanegaraan Pub Date : 2021-12-24 DOI: 10.24252/ad.v1i1.16388

Septi Dyah Tirtawati, Joko Setiyono

引用次数: 0

DINAMIKA KEJAHATAN DUNIA MAYA MENGENAI ONLINE CHILD SEXUAL EXPLOITATION DI TENGAH PANDEMI COVID-19

Al Daulah : Jurnal Hukum Pidana dan Ketatanegaraan Pub Date : 2021-12-24 DOI: 10.24252/ad.v1i1.19812

Samsul Arifin, Kholilur Rahman

{"title":"DINAMIKA KEJAHATAN DUNIA MAYA MENGENAI ONLINE CHILD SEXUAL EXPLOITATION DI TENGAH PANDEMI COVID-19","authors":"Samsul Arifin, Kholilur Rahman","doi":"10.24252/ad.v1i1.19812","DOIUrl":"https://doi.org/10.24252/ad.v1i1.19812","url":null,"abstract":"Today the whole world is facing the threat of the COVID-19 Pandemic, such conditions have changed the social attitudes of children and adolescents whose schools have been closed to spend more time online. This change in attitude has an impact on the field of crime or cyber crime, especially in the form of new sexual exploitation that is currently developing by utilizing internet facilities. This new form of sexual exploitation is known as online child sexual exploitationindicated to be increasingly widespread in the midst of the COVID-19 Pandemic.A new form of sexual exploitation that is developing is known as online child sexual exploitation. Several cases of sexual exploitation on a small scale have been found in the Philippines and Thailand, namely cases of grooming (sexual seduction), distribution of child pornography content, and even solicitation in the form of sexting (sending indecent images) have occurred in both countries. The dynamics of cyber crime in the form of online child sexual exploitation have also developed in Indonesia in the midst of the COVID-19 pandemic. Moreover, there are difficulties in identifying and investigating violators, as they can continually adapt technology to enable their sexual harassment and exploitation, and avoid detection.In addition, one of the problems that arise is the inconsistent use of terms or terminology related to child sexual exploitation online, so that it has an impact on difficulties in law enforcement.(law enforcement).Therefore, This scientific article intends to describe and explain the terminology and characteristics of online child sexual exploitation in a positive legal perspective, as well as to identify the dynamics of cyber crime regarding online child sexual exploitation in the midst of the COVID-19 pandemic.","PeriodicalId":266641,"journal":{"name":"Al Daulah : Jurnal Hukum Pidana dan Ketatanegaraan","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-12-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128700302","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

State Protection Against Action Of Persection And Intolerance During The Covid-19 Pandemic 国家在2019冠状病毒病大流行期间防范迫害和不容忍行为

Al Daulah : Jurnal Hukum Pidana dan Ketatanegaraan Pub Date : 2021-07-16 DOI: 10.24252/AD.V10I1.21078

Mulyati Pawennei, Lisa Mery, S. Arief

{"title":"State Protection Against Action Of Persection And Intolerance During The Covid-19 Pandemic","authors":"Mulyati Pawennei, Lisa Mery, S. Arief","doi":"10.24252/AD.V10I1.21078","DOIUrl":"https://doi.org/10.24252/AD.V10I1.21078","url":null,"abstract":"The purpose of writing this article is to focus on how the Indonesian state in accordance with the Contitution, makes the protection of citizen’ rights as one of the main characteristics of the implementation of human rights. In the process important issues that deserve to be studied in depth were discovered (1) the role of the state institutionally protecting citizens from acts of persecution and intolerance that also occurred during the Covid-19 pandemic; (2) prevention of acts of persecution and intoleranceaffecting the life of the nation and state in the past five years occurated in the Covid-19 pandemic. The results of the study provide a perspective that legal efforts which are a form of the existence of the practice of Pancasila and UUD 1945 including the implementation of protection of human rights in Law number 39/1999 concerning Human Rights as legal umbrella that must be upright and firm in its implementation, because law emforcement in human rights will fatale consequences with the destruction of diversity in the Republic of Indonesia, during the Covid-19 pandemic it turned out that persecution and intolerance continued and needed consistency in the protection of human rights law in accordance with the mandate of Pancasila as a value and UUD 1945 as a legal norm.","PeriodicalId":266641,"journal":{"name":"Al Daulah : Jurnal Hukum Pidana dan Ketatanegaraan","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-07-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128655116","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 Experience of Indonesian Migrant Workers in Taiwan during Covid-19 Pandemic: A ‘right-based’ Analysis 新冠疫情期间印尼移工在台湾的经验:基于“权利”的分析

Al Daulah : Jurnal Hukum Pidana dan Ketatanegaraan Pub Date : 2021-07-16 DOI: 10.24252/AD.V10I1.21080

Yuherina Gusman

{"title":"The Experience of Indonesian Migrant Workers in Taiwan during Covid-19 Pandemic: A ‘right-based’ Analysis","authors":"Yuherina Gusman","doi":"10.24252/AD.V10I1.21080","DOIUrl":"https://doi.org/10.24252/AD.V10I1.21080","url":null,"abstract":"Covid-19, which has attacked the world since the end of 2019, has had a global impact both economically and socially to the world community. Taiwan is one of country categorized as quite successful in dealing with Covid-19. From December 2019 until March 2021 there were 177,578 reported cases in Taiwan with a total of 976 positive cases and resulted in 10 deaths. A very small number compared to other cases that occur in other parts of the world. However, behind all that successful story, migrant workers in Taiwan are still forgotten during the pandemics. Migrant workers, particularly Indonesian migrant workers, who make up the majority in Taiwan, receive the least sympathy and understanding from the community. Several human rights issues confronted Indonesia Migrant Workers during the Covid-19 pandemic, including discrimination, loss of spatial public space, strict mobility limitations, concern for the family in Indonesia, a higher burden of common mental health, and a lower quality of life than local society, difficulty accessing health services and masks, and difficulty returning home. The purpose of this paper is to demonstrate how Indonesian migrant workers' rights were violated in Taiwan during the two phases of the Covid-19 pandemic. The data was collected through interviews, observation, and then was analyzed using the \"rights-based\" approach. The first phase lasted from December 2019 to March 2020, when the pandemic was still in its early stages, and the second phase lasted from March 2020 to January 2021, after the Taiwan government succeeded in controlling the pandemic","PeriodicalId":266641,"journal":{"name":"Al Daulah : Jurnal Hukum Pidana dan Ketatanegaraan","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-07-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134110987","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

Early Marriage According To Islamic Law 伊斯兰教法规定的早婚

Al Daulah : Jurnal Hukum Pidana dan Ketatanegaraan Pub Date : 2021-06-07 DOI: 10.24252/AD.V10I1.21079

Delti Hidayati, Nur Halimah Assa'diah

引用次数: 2

DETERMINASI POLITIK PADA PROSES PEMBENTUKAN DAN PENEGAKAN HUKUM DI INDONESIA 在印度尼西亚建立和执行过程方面的政治决心

Al Daulah : Jurnal Hukum Pidana dan Ketatanegaraan Pub Date : 2021-03-27 DOI: 10.24252/AD.V9I2.16085

Abdul Rahman

{"title":"DETERMINASI POLITIK PADA PROSES PEMBENTUKAN DAN PENEGAKAN HUKUM DI INDONESIA","authors":"Abdul Rahman","doi":"10.24252/AD.V9I2.16085","DOIUrl":"https://doi.org/10.24252/AD.V9I2.16085","url":null,"abstract":"This article outlines the relationship between politics and law in the formation and enforcement of the law in Indonesia until the current reform era. There are three models of relations in describing legal and political relations. First, as Das Sein, the political determinant of the law because the law was born from the political process so that the law is a crystallization of competing for political desires. Secondly, as Das Sollen, the Law of determinants on the politics of every political agenda should be subject to the rules of the law. Thirdly, politics and laws influence each other because political lawlessness will be wronged while the law without an escort will be paralyzed. In the process of forming legislation by political institutions, the role of political power is very decisive because political institutions are formally given the authority in making the law. Political institutions that are not given such authority will become a vacuum. Here it appears that political institutions are only a tool of the group of political power holders. There are three main elements directly related to law enforcement efforts. First, the element of artificial lawn is a legislative institution. Second, the element of law enforcement is the police, prosecutors, and judges. Third, environmental elements include personal citizens and society . Keywords: Determination, politic, formation, and enforcement of the law .","PeriodicalId":266641,"journal":{"name":"Al Daulah : Jurnal Hukum Pidana dan Ketatanegaraan","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-03-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132133649","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

CORPORATE CRIMINAL LIABILITY REGARDING IUU FISHING FOLLOWING THE JOB CREATION LAW ENACTMENT 创造就业岗位法制定后的非法捕捞企业刑事责任

Al Daulah : Jurnal Hukum Pidana dan Ketatanegaraan Pub Date : 2021-03-05 DOI: 10.24252/AD.V9I2.17695

Ayu Izza Elvany

引用次数: 0