Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance最新文献

{"title":"PEMIDANAAN TERHADAP PELAKU TINDAK PIDANA MELARIKAN WANITA YANG BELUM CUKUP UMUR PUTUSAN /36/Pid.B/2019 PN GST","authors":"Sinta Nuriyah, Ahmad Mahyani","doi":"10.53363/bureau.v3i1.163","DOIUrl":"https://doi.org/10.53363/bureau.v3i1.163","url":null,"abstract":"This type of crime against human freedom in Chapter II Chapter XVIII of the Criminal Code, which is specifically investigated in Article 332 of the Criminal Code, which means running away from an underage woman. This study explains the criminal responsibility of elderly women who have run away and legal considerations for judges deciding crimes where elderly women are not sufficient. This study uses normative research, due to criminal acts that run away from immature women. The application of punishment is not in accordance with Article 332 of the Criminal Code, namely the conflict between Article 332 of the Criminal Code and the judge's decision. People who run away with too few women can only be held accountable if they meet the criteria of criminal responsibility, in this case they can be sentenced to a maximum of 7 years in prison according to Article 332 Paragraph (1) 1st of the Criminal Code. The basis for the opinion of the judge to give a decision in the case of running away from a girl who is not yet an adult is a matter of legal consideration based on legal facts in court to prove the guilt of the defendant","PeriodicalId":345865,"journal":{"name":"Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133763612","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":"ANALISIS GANTI KERUGIAN TERHADAP KORBAN SALAH TANGKAP","authors":"Fajjrul Nur Ilham, Ahmad Mahyani","doi":"10.53363/bureau.v2i3.81","DOIUrl":"https://doi.org/10.53363/bureau.v2i3.81","url":null,"abstract":"Investigators are at the forefront of an initial process of examining criminal cases, which then if the files are in accordance with the delegation of case files will proceed to the trial stage conducted by the prosecutor. In carrying out their duties, the Indonesian National Police or investigators must act fairly and wisely in determining the truth of a criminal case. One of the duties of the Indonesian National Police is to conduct an investigation. The investigation process is an examination mechanism in criminal cases that functions to seek sufficient information, as well as to find and collect valid evidence regarding the case and to find the suspect, this is stated in Article 1 Paragraph 2 of Law Number 8 of 1981 KUHAP. To be able to convict a defendant, there are at least two valid pieces of evidence. Evidence is regulated in Article 184 paragraph (1) of the Criminal Procedure Code, valid evidence is: a. witness testimony; b. expert testimony; c. letter; d. instruction; e. defendant's statement. But in reality, at this time there are many cases of wrongful arrests that occur, from this it can be concluded that the beginning of this wrong arrest case is in the investigation process carried out by police investigators to the role of judges to decide cases in court. This research has the aim of how the legal protection carried out by the state in terms of compensation for victims of wrongful arrests to get justice and their rights after a case of wrong arrest occurs","PeriodicalId":345865,"journal":{"name":"Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance","volume":"74 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117338425","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":"PARAMETER PENYALAHGUNAAN KEWENANGAN YANG MERUGIKAN KEUANGAN NEGARA DALAM TINDAK PIDANA KORUPSI","authors":"Naftali Gakur, Hufron Hufron","doi":"10.53363/bureau.v2i3.84","DOIUrl":"https://doi.org/10.53363/bureau.v2i3.84","url":null,"abstract":"Corruption is one of the high-level crimes (ordinary crime), because corruption is not only detrimental to state finances, but also harms the wider community. Corruption crimes themselves are mostly committed by people who have positions or authorities, such as ASN (State Civil Apparatus), Regents, Governors, and other government officials. With the position or position and authority possessed, government officials have many ways and opportunities to abuse their authority in committing corruption crimes. There are two authorities of government officials, namely bound authority and free authority (discretion). Parameters to find out whether the actions carried out by government officials are a form of abuse of authority in corruption crimes or not, namely using laws and regulations consisting of laws and regulations consisting of laws, provincial regulations or regency/city regulations, especially for bound authority, while for free authority the parameters are good general principles such as principles of good governance (AAUPB) and general principles others outside the AAUPB; general principles of state governance (AAPN); Principles of State Governance (APPN); Principles of Village Government Management (APPD).","PeriodicalId":345865,"journal":{"name":"Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125920938","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":"KEKUATAN PEMBUKTIAN ALAT BUKTI ELEKTRONIK DALAM PERADILAN PIDANA E-LITIGASI BERLANDASKAN NILAI KEADILAN","authors":"Nadya Widiawati, Achmad Solikhin Ruslie","doi":"10.53363/bureau.v2i3.59","DOIUrl":"https://doi.org/10.53363/bureau.v2i3.59","url":null,"abstract":"There are problems applying the principles contained in the Criminal Procedure Code, where the emergence of the Corona Virus Disease 2019 or Covid-19 at the end of 2019 had a major impact on the world. This virus has claimed many lives in Indonesia, which has the highest number of infected and dead in Southeast Asia. The Covid-19 virus itself, according to the World Health Organization (WHO) is transmitted through one of them through droplets of people who have been infected which cause obstacles in a number of face-to-face activities, one of which is in terms of law enforcement in Indonesia. Along with the development of this virus which has not shown a decline, the three finally had time to make a Memorandum of Understanding (MoU) contained in the cooperation agreement between the Supreme Court of the Republic of Indonesia, the Attorney General's Office of the Republic of Indonesia, the Ministry of Law and Human Rights of the Republic of Indonesia Number: 402/DJU/HM.01.1 /4/2020, Number : KEP-17/E/Ejp/04/2020, Number : PAS- 08.HH.05.05 Year 2020 concerning the Implementation of Trials Through Teleconference. As a result of this MoU, there is a change in the procedural law process in court. The development of the E-Court, which so far has only been limited to serving the administration of cases electronically by adding electronic services, has received legal protection based on the Regulation of the Supreme Court of the Republic of Indonesia Number 1 of 2019 concerning the Administration of Cases and Trials in Courts Electronically. E-court is a court instrument as a form of service to the community in terms of registering cases simultaneously with evidence in electronic courts, so if we refer to the criminal law of proof in a case, the existence of online or other names called E-Litigation is not in accorkemudiance with the theory of justice, where the theory of justice itself according to Aristotle understands justice in understanding equality","PeriodicalId":345865,"journal":{"name":"Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115217463","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":"PRINSIP KE HATI-HATIAN DALAM PERJANJIAN KREDIT MELALUI E-COMMERCE (AKULAKU)","authors":"Dwi Ajeng Ayu P, Dipo Wahyoeono","doi":"10.53363/bureau.v2i3.55","DOIUrl":"https://doi.org/10.53363/bureau.v2i3.55","url":null,"abstract":"Along with current developments, providing support in a wider variety of business networks without limits, accessing the internet is not limited to accessing information only through available media, but can also be used as a means of trading sales transactions with various existing market place platforms, as well as a network that wide to no limit of time and place. In its implementation of online applications, there are still many obstacles and problems that occur, as a result of the occurrence of a bad system from the banking system, namely superiors or actors who often behave badly and pay less attention to the principle of prudence in doing business. The fundamental statement that is used as a benchmark by a person or group of people is the principle in carrying out an action and a statement of their thoughts, one of the principles contained in the law is the principle of prudence which is the principle of environmental law that regulates which behavior should be avoided. Then the formulation of the problem that will be used is 1. How to apply the precautionary principle in the e-commerce credit system (Akulaku)? 2. What are the legal consequences if you do not apply the principle of prudence in credit agreements? The research method used is normative legal research in order to find legal rules by carrying out 2 (two) approaches, namely the statutory approach and the conceptual approach. 5 C, Character Value, Ability Value, Capital Value, Collateral Value and Value on the debtor's business prospects, in making a credit purchase if there is a violation, it will result in legal consequences and the party who violates it will be subject to a maximum fine of Rp. 100,000,000,000","PeriodicalId":345865,"journal":{"name":"Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance","volume":"77 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129244193","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":"KONSEP REHABILITASI SOSIAL PADA ANAK KONFLIK HUKUM (AKH)","authors":"Ahmad Nasrudin Fadli, Wiwik Afifah","doi":"10.53363/bureau.v2i3.54","DOIUrl":"https://doi.org/10.53363/bureau.v2i3.54","url":null,"abstract":"Children in conflict with the law must be responsible for the violations/crimes committed, but also have the right to receive rehabilitation including social rehabilitation. This article aims to determine the concept of social rehabilitation for children in conflict with the law. As the Juvenile Criminal Justice System has regulated diversion and the rights of children as suspects. Children in conflict with the law must be held accountable for their actions either through formal legal processes or through diversion. In accountability through formal legal processes and diversion they get social rehabilitation rights, social rehabilitation is a process of re-functionalization and development so that a person is able to carry out his social functions well in social life. Social rehabilitation is an action taken against children who are in conflict with the law through diversion for children. If through the criminal justice process for children over 12 years old, the child will receive a determination of social rehabilitation measures at the Social Welfare Institution (LPKS) within a certain period of time with the supervision of social workers carried out under the Ministry of Law. and Human Rights (Kemenkumham).","PeriodicalId":345865,"journal":{"name":"Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance","volume":"73 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121261522","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":"TINDAK PIDANA PENCEMARAN NAMA BAIK BERDASARKAN PASAL 310 KUHP","authors":"Faris Septyan R","doi":"10.53363/bureau.v2i3.62","DOIUrl":"https://doi.org/10.53363/bureau.v2i3.62","url":null,"abstract":"The purpose of this research is to find out what actions are included in the criminal act of defamation and what elements are contained in Article 310 of the Criminal Code and Article 27 paragraph (3) of the ITE Law relating to defamation. By using the normative juridical research method, it is concluded: 1. That in the criminal act of defamation there are acts which include insults contained in Article 310 of the Criminal Code, Article 311 of the Criminal Code, Article 315 of the Criminal Code, Article 317 of the Criminal Code, and Article 318 of the Criminal Code. 2. The criminal act of Defamation has elements included in it. These elements are the basis for us to assess the existence of an act of defamation, in these elements we can categorize every act committed by the perpetrator. If the perpetrator commits defamation by slandering someone, what we see are the elements included in the slander, whether it can be categorized in slander or more clearly the perpetrator committed a criminal act in Article 311 of the Criminal Code. We have to look at the elements in it, if indeed the perpetrator did what is in the elements of Article 311 of the Criminal Code, the perpetrator could be imprisoned under that article","PeriodicalId":345865,"journal":{"name":"Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance","volume":"254 ","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"113998614","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":"ANALISIS HUKUM KEBIJAKAN KELEBIHAN DIMENSI DAN KELEBIHAN MUATAN TERHADAP DEMONSTRAN GERAKAN SOPIR JAWA TIMUR","authors":"Irvan Abu Arifaini, Hari Soeskandi","doi":"10.53363/bureau.v2i3.77","DOIUrl":"https://doi.org/10.53363/bureau.v2i3.77","url":null,"abstract":"This study aims to provide an overview of the implementation of controlling excess freight, namely the Zero ODOL policy and its impact on business actors and changes in prices for basic necessities and essential goods. connecting cities with one another, so that it can also lead to an increase in the flow of vehicular traffic as a means of distribution and mobility of both people and goods. In order to avoid the occurrence of overloading of goods transport, every freight car carrying cargo is required to weigh its cargo at the weighbridge. This research uses normative research methods, namely research that examines the study of documents and archives, using secondary data such as legal theory, statutory provisions, and opinions from previous graduates. This research was conducted by analyzing the principles, theories and legal concepts as well as statutory provisions related to the online licensing system in terms of trading of unlabeled snacks through online shopping platforms. The problem that occurs in this study is that there are still many distributions of unlabeled snacks that have the potential to harm consumers. Researchers formulate a new concept that has been analyzed in various ways to find legal certainty regarding the management of the licensing system for trade in unlabeled snacks, where in this case the rights of consumers are still not properly fulfilled and the obligations of business actors are not carried out properly. and right. In order to maintain road infrastructure, reduce the number of traffic accidents and reduce victims of traffic accidents due to vehicles with overloads and/or oversize violations, on October 11, 2019 the Minister of Transportation issued Circular Letter Number: SE 21 of 2019 concerning Supervision of High-Quality Cars. Overloading Infringement and/or Over Dimension Violation. The implementation of policy supervision without ODOL (Zero ODOL) is carried out based on a mutual agreement between ministries, namely the Ministry of Transportation, the Ministry of PUPR, the Ministry of Industry, the Ministry of SOEs, the Indonesian National Police, and the Industrial Association.","PeriodicalId":345865,"journal":{"name":"Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance","volume":"37 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114371583","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":"PERAN MAJELIS KEHORMATAN NOTARIS DALAM MEMERIKSA KASUS PENYALAHGUNAAN JABATAN SEBAGAI NOTARIS","authors":"Muntasir Raihan Rahman, Elvira Puspa Anggraeni, Elisabeth Adisty Novena","doi":"10.53363/bureau.v2i3.114","DOIUrl":"https://doi.org/10.53363/bureau.v2i3.114","url":null,"abstract":"Writing this article will discuss the role of the notary honorary council in examining cases of abuse of notary office. In this article, we will discuss what a notary is, what are his authorities and powers as a notary in accordance with his profession. This problem is motivated by the many cases of notary errors in carrying out their profession. For example, the number of dual land deeds that should be the role of a notary in making the deed. As a notary cohort, it is necessary to investigate several existing cases, especially those concerning notaries. In this investigation, it will be divided into several parts. Which parts will later become the authority of the notary honorary assembly. This is also related to the code of ethics as a notary. In carrying out a position, of course someone is required or required to apply in accordance with the existing code of ethics. If someone who holds a position then commits a violation or acts outside the code of ethics, it can be classified as a criminal act of violating the code of ethics. One of the codes of ethics that is highly respected in the notary profession is to behave honestly, independently and not take sides with anyone. This is then upheld in the notary profession. This study uses normative legal methods. The normative method is legal research consisting of research on legal principles, legal systematics, and legal comparisons. The sources for writing this article are from journals and articles or other reading materials as research sources. These sources are then analyzed and presented in written form to produce a scientific work that is expected to be well understood. In addition, this article is expected to be an input or source of reading for other law students","PeriodicalId":345865,"journal":{"name":"Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125402675","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":"URGENSI PENGATURAN DATA DIGITAL/ ELEKTRONIK PRIBADI","authors":"Deny Susanto","doi":"10.53363/bureau.v2i3.110","DOIUrl":"https://doi.org/10.53363/bureau.v2i3.110","url":null,"abstract":"Regulation of Personal Data is a type of legal protection for individual citizens that is urgently required in Indonesia right now. This protection is needed in all spheres of community life, including business activities and other fields of life, where data processing relating to individuals concerning identity, whether confidential or not, is involved. In order to understand the urgency and effective management of personal data protection in Indonesia, this research uses normative legal research to review regulatory rules related to data protection. It is hoped that this research will result in the formulation of a comprehensive regulation on protection arrangements and private information in Indonesia","PeriodicalId":345865,"journal":{"name":"Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131387861","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}