{"title":"A Juridical Analysis of Death Penalty for Narcotics Abuse","authors":"P. Setio","doi":"10.26555/NOVELTY.V9I2.A11516","DOIUrl":"https://doi.org/10.26555/NOVELTY.V9I2.A11516","url":null,"abstract":"Narcotics abuse is currently one of the biggest problems in Indonesia. The dangers posed by Narcotics Abuse have harmed the nation’s young generation, therefore the Government continues to strengthen law enforcement regarding the issue of Narcotics abuse. The usage of narcotics is currently regulated in acts number 35 of 2009. In the acts, the government implements maximum sanction in the form of death penalty to certain categories of narcotics abuse. Until 2016, there were 55 perpetrators of narcotics related crimes who had been sentenced to death by Indonesian courts. This research aims to explore the judges’ considerations as well as the obstacles they face in implementing death penalty to narcotics abusers. This research was conducted in the District Court of Magetan. Data was collected from primary and secondary data sources in the form of library studies and field studies. The sampling method used was purposive sampling to determine a judge of the District Court of Magetan who had sentenced narcotic abusers to death as the respondent. Furthermore, the approach of this research is sociological juridical approach. The collected data were analysed using qualitative descriptive method. This study reveals that the judges based their decision to pass death sentence on the act No 35 of 2009. In addition, the judge also took several juridical factors and sociological facts into considerations. The judge did not find any obstacles in passing death penalty because the case examiners agreed to impose death penalty.","PeriodicalId":32116,"journal":{"name":"Jurnal Hukum Novelty","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48670206","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}
Arief Budiono, Erlin Reniawati, Mira Anjar Oktaviani
{"title":"Customary Penalty Sanctions for Adultery Crimes in Temon Village, Arjosari District, Pacitan Regency","authors":"Arief Budiono, Erlin Reniawati, Mira Anjar Oktaviani","doi":"10.26555/novelty.v9i2.a10662","DOIUrl":"https://doi.org/10.26555/novelty.v9i2.a10662","url":null,"abstract":"Today, some Indonesian still adhere to the customs that come from their respective regions. It also includes habits that are carried out repeatedly which becomes a rule or commonly referred to customary law. Based on the philosophical aspect of customary law that lives, grows and develops in the soul of the Indonesian people in accordance with the values of the Pancasila as stated in the opening of the 1945 Constitution, the existence of customary law is very influential on customary crimes that occur in certain regions. Customary violations are still commonly found in the community, especially adultery. The implementation of customary criminal sanctions is felt to provide satisfaction and a sense of justice for some people so that the people’s lifes can be balanced.","PeriodicalId":32116,"journal":{"name":"Jurnal Hukum Novelty","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48256891","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}
Dinnie Angraeni, Nurfaidah Said, Hasbir Paserangi, M. I. Arisaputra
{"title":"The Legal Analysis of Notary/PPAT Who Takes a Leave but Keep Make Legal Deed","authors":"Dinnie Angraeni, Nurfaidah Said, Hasbir Paserangi, M. I. Arisaputra","doi":"10.26555/NOVELTY.V9I2.A10848","DOIUrl":"https://doi.org/10.26555/NOVELTY.V9I2.A10848","url":null,"abstract":"Notary and Land Registrar (i.e. Pejabat Pembuat Akta Tanah [PPAT]) are general officials authorized to make authentic deeds. If someone is serving as a notary as well as being able to carry out his position, then he must be replaced by someone else temporarily. During the leave period, the land certificate they make is not authentic. The certificate sourced from and made by Notary or PPAT Deed is an authentic one that has perfect verification power. Therefore, every Notary or PPAT in carrying out the position should always be careful and aware of the consequences that can be caused on each deed he makes.","PeriodicalId":32116,"journal":{"name":"Jurnal Hukum Novelty","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49254687","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}
{"title":"Corporate Criminal Liability On Criminal Actions in Consumer Protection","authors":"Fifid Bramita","doi":"10.26555/NOVELTY.V9I2.A11257","DOIUrl":"https://doi.org/10.26555/NOVELTY.V9I2.A11257","url":null,"abstract":"The advancement of information technology affects the crime related to consumer protection. This impact is no longer confined to certain regions or country, but it is tranversing jurisdictional boundaries (transnational). Thus, the variety modes of the crime increase, not only used by individual, but also carried out by corporations. Criminalizing corporation is difficult, especially when related to consumer protection. That is because there are no legal provisions about corporate’s position and its responsibility in Criminal Law in Indonesia. Consequently, this condition leads to multi interpretations and thoughts between law enforcement officers. Therefore, it is necessary to have guidelines in handling crime cases done by companies. This study employs normative juridical research method. This research concludes that after the issuance of Indonesia’s Supreme Court Regulation Number 13 of 2016 About Procedures for Handling Criminal cases done by corporations, the law enforcement officers are no longer confused on how to handle the crime. Kata Kunci: Pertanggungjawaban Korporasi, Perlindungan Konsumen.","PeriodicalId":32116,"journal":{"name":"Jurnal Hukum Novelty","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46017085","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}