Law Reform Jurnal Pembaharuan Hukum最新文献

{"title":"KEWENANGAN BADAN PENGAWAS DALAM MENCEGAH PELANGGARAN ADMINISTRATIF MELALUI SISTEM PEMERIKSAAN ACARA CEPAT PADA PUTUSAN PENGAWASAN PEMILU DI SUMUT","authors":"M. Siregar, M. Nasution, Edy Ikhsan, Afnila Afnila","doi":"10.46576/lj.v3i2.3105","DOIUrl":"https://doi.org/10.46576/lj.v3i2.3105","url":null,"abstract":"ABSTRACTAct number 7 of 2017 on General Elections had established the existence and the role of The GeneralElection Supervisory Board not only function as election monitors, but to act as an institution tasked withresolving disputes over electoral processes, both participants in inter-election disputes and acrosscommittees for the public. In this study raised the issue of the legal power of The General ElectionSupervisory Board of North Sumatra Province No. 002/LP/PL/ADM/PROV/02.00/V/2019. The researchmethodology is juridically normative, in the research concluded that The General Election SupervisoryBoard of North Sumatra Province No. 002/LP/PL/ADM/PROV/02.00/V/2019 has permanent legal forcebecause the decision is not carried out legal efforts by The Election Commission of North SumatraProvince and The Election Commission of West Nias Regency so that the decision final and binding, sothat decisions which are was born of The General Election Supervisory Board has an executory nature.Keywords : General Elections, The General Election Supervisory Board, and Quick Event Check","PeriodicalId":33353,"journal":{"name":"Law Reform Jurnal Pembaharuan Hukum","volume":"11 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-03-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89738444","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":"PERBEDAAN PUTUSAN PRAPID P.N. TARUTUNG NO. 6/PID.PRA/2020 DAN PUTUSAN PRAPID P.N. MEDAN NO. 5/PID.PRA/2021","authors":"Jenda Riahta Silaban, Madiasa Ablisar, S. Sunarmi, Mahmud Mulyadi","doi":"10.46576/lj.v3i2.3103","DOIUrl":"https://doi.org/10.46576/lj.v3i2.3103","url":null,"abstract":"ABSTRACTDecision of the Constitutional Court of the Republic of Indonesia No. 21/PUU-XII/2014,date. 28/04/2015, expanded the prepid object regarding \"the validity of the determinationof the suspect\". One of the cases regarding testing the validity of the suspectdetermination in this study was between the Pre-Trial Decision at the Tarutung DistrictCourt No. 6/Pid.Pre/2020, date. 31/08/2020 which is different from the Medan DistrictCourt No. 5/Pid.Pre/2021, date. 16/02/2021 An. Petitioner \"P.S.H\". The problems are:Factors that influence the disparity in the pretrial decision on the determination of differentcorruption suspects in the Prapid P.N.Trt Decision. No. 6/Pid.Pra/2020 with the Decisionof Prapid P.N.Mdn. No. 5/Pid.Pre/2021; and Analysis of legal considerations for thedisparity of the pretrial decision. This research is normative legal research, which isdescriptive analysis in nature. The Investigating Prosecutor at the North SumatraProsecutor's Office has done this and corrected the entire series of investigations andinvestigations, so the determination of the suspect he has determined is appropriate anddeclared valid by the pretrial judge at the Medan District Court. In the context of theinvestigation conducted by the Attorney General's Office Investigator HumbangHasundutan, it was actually only an error in the administration of investigations andinvestigations. The administrative error, by setting the suspect first, instead of findingsufficient evidence as ordered by law. Determination of suspects should be carried outbased on Article 183 jo. Article 184 paragraph (1) of the Criminal Procedure Code jo.Article 422 Regulation of the Attorney General of the Republic of Indonesia No. PERJA-039/A/JA/10/2010 concerning Administrative and Technical Management of Cases ofSpecial Crimes.Keywords: Pretrial; The validity of the determination of the suspect; District Court.","PeriodicalId":33353,"journal":{"name":"Law Reform Jurnal Pembaharuan Hukum","volume":"47 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-03-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80957545","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":"PEMBAHARUAN HUKUM DAN RASA KEADILAN MASYARAKAT YANG RELIGIUS: PENGATURAN TINDAK PIDANA ZINA DALAM KUHP TERBARU","authors":"I. Oktaviani, Agusmidah Agusmidah","doi":"10.46576/lj.v3i2.3104","DOIUrl":"https://doi.org/10.46576/lj.v3i2.3104","url":null,"abstract":"ABSTRACTFundamental changes to the elements of criminal acts in the newest KUHP still leavepolemics in society. Article 411 KUHP prohibits sexual intercourse between partnerswithout ties. However, this article is an absolute complaint offense that can only besubject to an element of criminal offense when there is a complaint by a husband orwife who is bound by marriage and parents or children who are not yet married. Thepaper examines changes to the rules for zina in the newest KUHP to create a sense ofjustice in religious communities. The result of the study concluded that this zina articleclashes with religious and moral values, so that changes in the regulation of zina in thenewest KUHP are considered not to reflect the spirit of nation-minded society and havenot fulfilled the sense of justice of religious communities. Therefore, it is necessary toreview the changes in the regulation of zina in the newest KUHP so that they reflect thereligious and moral values that live in society.Keywords : Legal Reform, Sense of Justice, Crime of Zina, The Newest KUHP","PeriodicalId":33353,"journal":{"name":"Law Reform Jurnal Pembaharuan Hukum","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-03-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"91004110","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":"PERSIDANGAN PERKARA PIDANA ONLINE DALAM KAITANNYA DENGAN HUKUM PEMBUKTIAN DI PENGADILAN NEGERI POSO","authors":"Jimmy Donovan, Madiasa Ablisar, S. Sunarmi, Mahmud Mulyadi","doi":"10.46576/lj.v3i2.3102","DOIUrl":"https://doi.org/10.46576/lj.v3i2.3102","url":null,"abstract":"ABSTRACTThe concept of proof in online criminal trials in early research is often echoed thatevidence tends to be a formality, even though detention is carried out. So that tends to bein online crime, the defendant/legal adviser cannot verify and identify the evidencesubmitted by the public prosecutor. While the evidence determines the truth whether thedefendant committed a crime or not. To find out the concept of implementing onlinecriminal justice during the Covid-19 period, as well as how to get around the obstacles andsolutions carried out by the Poso District Court regarding the concept of proof during theCovid 19 pandemic, it is necessary to conduct research. The results of the study foundthat in the context of proof it is necessary to maintain the system evidence in the contextof fulfillment of the nature of material truth. In order to get around the obstacles within thescope of the Poso District Court where the obstacles to fulfilling the principle of trials thatare open to the public as well as technical obstacles within the scope of HumanResources in the legal structure system, it is necessary to complete the fulfillment ofelements in Technology and Information Personnel. To maximize the costs incurred thefulfillment strategy will be borne by the defendant.Keywords: Trial; Criminal Cases; Online; Poso District Court.","PeriodicalId":33353,"journal":{"name":"Law Reform Jurnal Pembaharuan Hukum","volume":"8 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-03-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73334434","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":"PENEGAKAN HUKUM PIDANA TERHADAP JUDI ONLINE DI POLDA SUMATERA UTARA KAITANNYA DENGAN KEABSAHAN PEMBUKTIAN BUKTI ELEKTRONIK","authors":"Taryono Raharja, Madiasa Ablisar, Mahmud Mulyadi, S. Sunarmi","doi":"10.46576/lj.v3i2.3100","DOIUrl":"https://doi.org/10.46576/lj.v3i2.3100","url":null,"abstract":"ABSTRACTSoccer betting and poker are electronic crimes, but in the process of snaring offenses they often stilluse the provisions of Article 303 paragraph (1) of the Criminal Code, instead of referring to theprovisions of Law No. 11 of 2008 concerning Information and Electronic Transactions. The policyposition of Law no. 11 of 2008 is a special position according to the principle of \"lex specialis derogatlex generalis\". The gap in Article 63 paragraph (1) of the Criminal Code which still regulates theprovisions of special criminal rules is seen to overlap with the position of Article 27 of the ITE Lawwhich carries a penalty of six years in prison. So it is considered important to discuss the rules ofposition in the online gambling investigation procedure at the North Sumatra Regional Police. Thisresearch will examine and analyze 1) How is criminal law enforcement against online gamblingcrimes at the North Sumatra Regional Police; and 2) The validity of electronic evidence in provingonline gambling crime cases. The results of the research formulate where law enforcement againstonline gambling crimes prioritizes due process of law indicators; and regarding the validity ofelectronic evidence as digital evidence in uncovering criminal cases of online gambling, it must fullymeet the evidentiary requirements, so that it can be used at the investigative level.Keywords: Law enforcement; online gambling; North Sumatra Police","PeriodicalId":33353,"journal":{"name":"Law Reform Jurnal Pembaharuan Hukum","volume":"12 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-03-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78652341","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":"PENYIDIKAN KASUS PELANGGARAN LALU LINTAS YANG MENYEBABKAN KEMATIAN: STUDI PADA SATLANTAS POLRESTA DELI SERDANG","authors":"M. A. A. Cahyo Prabowo, Madiasa Ablisar, S. Sunarmi, Marlina Marlina","doi":"10.46576/lj.v3i2.3101","DOIUrl":"https://doi.org/10.46576/lj.v3i2.3101","url":null,"abstract":"ABSTRACTThe process of handling traffic violation cases often experiences obstacles, especially in theinvestigation of traffic violation cases that cause fatalities. This study deliberately raises theObstacles faced by the Deli Serdang Police Traffic Unit in investigating and investigating casesof traffic violations that caused the death of motorized vehicle drivers, and the efforts of the DeliSerdang Police Traffic Unit in overcoming obstacles to investigations and investigations intocases of traffic violations that lead to the death of motorists. This research is a legal researchthat is descriptive in nature. Using a statutory approach. The results of the study show that:Obstacles faced by Sat Then investigators in investigating cases of violations that lead to death.The efforts made by the investigators are a process of raising awareness for Motorized Vehicledrivers to prioritize safety when driving on traffic roads that do not have road dividers. Wherethe driver's awareness and understanding efforts when overtaking the vehicle in front shouldtake into account the speed, space and time of the motorized vehicle being driven to avoidtraffic accidents; and the public should provide direct witness testimony in the field where thecrime scene (TKP) was conducted to the Traffic Unit Officer of the Deli Serdang Police who wason duty because to maintain the integrity of the information obtained from witnessing a trafficaccident as a whole.Keywords: Violation; death; Deli Serdang Traffic Unit","PeriodicalId":33353,"journal":{"name":"Law Reform Jurnal Pembaharuan Hukum","volume":"85 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-03-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89853869","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":"A Legal Analysis on Resolving Recently Growing Online Business Frauds in Bangladesh","authors":"Md. Adnan Kabir","doi":"10.14710/lr.v18i2.46636","DOIUrl":"https://doi.org/10.14710/lr.v18i2.46636","url":null,"abstract":"In the recent time, the E-commerce sector has been facing serious challenges due to the fraudulent behaviors of a number of E-commerce businesses. Thousands of consumers have lost their money due to these fake transactions. The main purpose of this article is to help to mitigate online business frauds by reviewing the current legislation and regulations in Bangladesh. This research is a descriptive type of research and secondary data and information have been used for study purpose. The study has analyzed existing business laws and provisions, their applicability and deficiencies in reducing online business frauds and dangers. This study finds that there is no committed code or law establishing consumer rights in online businesses. The current laws have not been changed in such a way that online business matters can be handled properly. The study concludes that the legislature may amend existing laws and provisions and also they may consider some foreign countries provisions for taking actions against the fraudulent e-commerce as well as online business organizations. The outcomes of the present study obviously indicate that the risks of online business frauds directly affect consumer behavior when shopping online. Therefore, reducing these risks through undertaking just and proper laws and provisions can increase the trust of the online shopping consumers.","PeriodicalId":33353,"journal":{"name":"Law Reform Jurnal Pembaharuan Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42911464","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":"Administrative Enforcement of Food Safety Regulation in Indonesia: Loopholes and Recommendations","authors":"S. A. Putri","doi":"10.14710/lr.v18i2.47415","DOIUrl":"https://doi.org/10.14710/lr.v18i2.47415","url":null,"abstract":"Food safety regulation requires adequate resources. Due to its complexity, food safety regulation needs multidisciplinary stakeholder intervention. The National Agency for Drug and Food Control (NADFC) as the appointed body encountered problems in law enforcement works with other food safety-related bodies. The discussion focuses on the administrative enforcement of food safety regulation in Indonesia and these shortcomings is followed with analysis of some possible solutions. However, their performances are hampered by several issues. This research is conducted with a desktop study of information obtained from primary and secondary sources. Also, to get some insights to improve the administrative enforcement in Indonesia, this study is carried out using comparative method. Therefore, the New South Wales (NSW) laws, regulations, policies, and principles are analysed. This study finds that the drawbacks of the administrative enforcement of food safety regulation in Indonesia is caused by limited enforcement funding; lack of community knowledge and awareness towards food safety; lack of competent food inspectors; and lack of coordination between food safety administrative bodies. Some recommendations have been proposed, namely applying industry funding; implementing food hygiene rating; establishing enforcement guidelines; and appointing a single coordinating body for food safety.","PeriodicalId":33353,"journal":{"name":"Law Reform Jurnal Pembaharuan Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41383373","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":"TANGGUNG JAWAB PPAT ATAS BEA PEROLEHAN HAK ATAS TANAH DAN BANGUNAN (BPHTB) PADA AKTA JUAL BELI TANAH DAN BANGUNAN DI KOTA MEDAN","authors":"Tania Mayshara Limbong, Ayu Trisna Dewi, Rina Melati Sitompul","doi":"10.46576/lj.v3i1.2297","DOIUrl":"https://doi.org/10.46576/lj.v3i1.2297","url":null,"abstract":"ABSTRACTPPAT in making the deed is to ensure that the payment of BPHTB the debt has been paid by the taxpayer. For this reason, it is necessary to study the role of PPAT in the imposition of BPHTB in the transfer of land rights and building, the legal consequences of the imposition of BPHTB in the deed of sale and purchase of land and buildings and the mechanism for imposing BPHTB in the deed of sale and purchase. Type The research used in writing this thesis is juridical normative empirical, which is descriptive analysis. The data collection techniques used used is literature study and field research. The role of PPAT in The imposition of BPHTB in the Transfer of Land and Building Rights, namely convey the necessary information related to the imposition process BPHTB in the imposition of BPHTB tax on the transfer of land rights and building. The legal consequences of the imposition of BPHTB in the Deed of Sale and Purchase of Land and The building, namely the Sale and Purchase Deed, cannot be carried out before the BPHTB is signed the sale and purchase transfer transaction has not been paid by the taxpayer, which also result in legal certainty in the transition. In addition there are The sanctions imposed by Article 91 paragraph (1) are in the form of paying fines 7,500,000.00 (seven million five hundred thousand rupiah) for each commit a violation if the signing of the Sale and Purchase Deed is done before PPAT before the parties pay the BPHTB tax. Imposition mechanism BPHTB in the Deed of Sale and Purchase, namely preparing complete documents and data tax object, the taxpayer fills in the information on the tax object and the value of the BPHTB payable into the Tax Deposit Form (SSPD) BPHTB, then calculate the value of BPHTB payable. Next is the Taxpayer and PPAT/Notary sign the SSPD form. The payment process is carried out when the documents SSPD BPHTB which is verified as complete and declared correct. Then payment is made through the beneficiary treasurer or through a bank and must tax receipt of proof of deposit/SSPD BPHTB as proof of payment of BPHTBlegal debt.Keywords: PPAT, Imposition of BPHTB, Deed of Sale and Purchase","PeriodicalId":33353,"journal":{"name":"Law Reform Jurnal Pembaharuan Hukum","volume":"97 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-08-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73449227","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":"TINJAUAN YURIDIS TERHADAP HAK ASUH ANAK AKIBAT PERCERAIAN DIKARENAKAN PESELINGKUHAN (Studi Kasus Putusan No.601/Pdt.G/2020/PN.Mdn)","authors":"Putri Nabilah, S. Suparman, Andi Maysarah","doi":"10.46576/lj.v3i1.2300","DOIUrl":"https://doi.org/10.46576/lj.v3i1.2300","url":null,"abstract":"ABSTRACTIn the event of a divorce both father and mother can be given the same right to care for and educate their children after divorce especially the divorce referred to in Decision No. 601/Pdt.G/2020/PN.Mdn. So that the problem arises, namely how is the legal review related with post-divorce child custody, what are the underlying factors behind the custody of the child falls to the father in the verdict No.601/Pdt.G/2020/PN.Mdn, how are the judges' considerations in doing this decision No.601/Pdt.G/2020/PN.Mdn in deciding child custody rights to the father as a result of divorce.The type of research used in writing this thesis is juridical normative descriptive analysis. Data collection techniques that used is a literature study (Library Research).Legal reviews related to post-divorce child custody are available on the Marriage Law, namely Article 41, Article 45, Article 47, Article 48 and Article 49. Furthermore, it is also found in the Compilation of Islamic Law, through Article 105. What are the factors behind child custody falling to the father in Decision No.601/Pdt.G/2020/PN.Mdn, firstly, the Defendant/Wife committed an affair and was known to have booked a hotel 2 (two) times with his mistress. Second, the Defendant has admitted his actions before the Plaintiff, his family and traditional leaders had an affair. Third, the affair committed by the Defendant shows that: betrayal and irresponsible behavior of the Defendant as the wife and at the same time the mother in marriage, which makes the Plaintiff and Defendant finally agreed to divorce and was judged by the judge to be unworthy custody of their children, caused by the actions of the Defendant who It is feared that it will have a negative impact on their children.Keywords : Juridical Review, Child Custody, Divorce","PeriodicalId":33353,"journal":{"name":"Law Reform Jurnal Pembaharuan Hukum","volume":"45 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-08-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74726749","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}