Fox Justi : Jurnal Ilmu Hukum最新文献

{"title":"Political Parties In The Indonesian Political System After The Rolling Of Reforms","authors":"Muhammad Budiana, Willya Achmad","doi":"10.58471/justi.v13i1.727","DOIUrl":"https://doi.org/10.58471/justi.v13i1.727","url":null,"abstract":"Since Indonesia's independence until the reformation of the Indonesian nation, the country's political system has not been one that is purely derived from the socio-cultural values of the Indonesian nation itself, but rather one that utilizes the political culture of the Dutch colonial government. This has been the case from the time of Indonesia's independence until the nation's reformation. The existence of political parties in Indonesia is also impacted as a result of this. The purpose of this study is to investigate the roles that political parties have played in Indonesia's political system since the country's recent reforms. In this investigation, a qualitative strategy is combined with a descriptive research approach. The findings of the study indicate that after the reform in Indonesia, political parties are not able to properly function as pillars of democracy in the political system in Indonesia. Instead, political parties in Indonesia prefer to sacrifice their party ideology, which is the defining characteristic of the party, in order to simply receive the highest number of votes possible. Because of this, political parties in Indonesia exhibit the characteristics of floating parties.","PeriodicalId":351142,"journal":{"name":"Fox Justi : Jurnal Ilmu Hukum","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133834907","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":"JUDGES' CONSIDERATIONS IN DECIDING CRIMINAL ACTS OF CLASS 1 ARCOTIC ABUSE FOR YOURSELF (CASE STUDY Number 1/Pid.Sus-Anak/2019/PN Lbp PN LUBUK PAKAM)","authors":"Fox Justi, M. Akbar, Syahrul bakti Harahap","doi":"10.58471/justi.v13i1.438","DOIUrl":"https://doi.org/10.58471/justi.v13i1.438","url":null,"abstract":"Narcotics abuse no longer looks at age, ranging from children, teenagers, adults to the elderly even though they are not free from the trap of narcotics abuse. It is estimated that around 1.5 percent of the total population of Indonesia are victims of narcotics abuse. The problem of narcotics circulation is no less worrying, because it does not only occur in big cities but also reaches remote parts of Indonesia. Misuse of psychotropic substances can lead to a dependency syndrome if their use is not under the supervision and guidance of health workers who have the expertise and authority to do so. The reality in society shows that psychotropics should be used in health services and science has been abused. The use of this substance is out of bounds, which is generally intended for temporary pleasure. This causes people who are addicted to psychotropics to increase. The demand for psychotropics in the black market is also getting bigger. The crime rate that arises from the urge to get psychotropics as well as those that occur after someone consumes them also increases. This research method is normative juridical which will explore various secondary literatures consisting of legislation, regulations, books, journals and papers related to patents. The author uses a normative juridical method because the target of this research is law and rule. The definition of rules includes, legal principles, rules in a narrow sense and concrete legal regulations. This normative juridical research method aims to find coherent truth through deductive reasoning. Deductive way of thinking means research will depart from a specific idea.Data collection methods are through: questionnaires, interviews, observations, exams (tests), documentation, and others. Researchers can use one or a combination of techniques depending on the problem at hand or being studied.The results of the study stated that the child of BAYU SETIAWAN, Als. ARIF IRAWAN, had been legally and convincingly proven guilty of committing the crime of \"Narcotics Abuser Group I for himself\"; Imposing a criminal sentence to the child therefore with imprisonment for 7 (seven) months; Determine the period of arrest and the period of detention that the child has served is completely deducted from the sentence imposed; Determine that the child remains in detention; Stating evidence in the form of: 1 (one) small plastic clip pack containing methamphetamine with a net weight of 0.04 (zero point zero four) grams. \u0000  \u0000  \u0000  \u0000  \u0000  \u0000 ","PeriodicalId":351142,"journal":{"name":"Fox Justi : Jurnal Ilmu Hukum","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126716121","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":"IMPLEMENTATION OF THE ELECTRONIC TRANSACTION LAW (UU ITE) REVIEWED BASED ON THE BOOK OF CRIMINAL LAW (KUHP) ON FREEDOM OF COMMUNITY EXPRESSION IN SOCIAL MEDIA","authors":"Fox Justi, Zariah Nur, Mahzaniar","doi":"10.58471/justi.v13i1.437","DOIUrl":"https://doi.org/10.58471/justi.v13i1.437","url":null,"abstract":"This study aims to determine the implementation of the Electronic Transaction Law (Uu Ite) in terms of the Criminal Code (KUHP) on the Freedom of Expression of the Community on Social Media. Social media is an online medium, with its users being able to easily participate, share, and create content including blogs, social networks, wikis, forums and virtual worlds. Blogs, social networks and wikis are the most common forms of social media used by people around the world. Deliberately and without rights distributing and/or transmitting and/or making accessible Electronic Information and/or Electronic Documents containing insults and/or defamation with decision number 61/Pid.B/2020/PN Mdn. The government has played a role in law enforcement in the field of Information and Electronic Transactions (ITE) with the enactment of Law No. 11 of 2008 concerning ITE. The Government of the Republic of Indonesia through law enforcement officials, especially the National Police, has been actively engaged to act as justice enforcers in criminal offenses in the field of Information and Electronic Transactions, although not yet optimal","PeriodicalId":351142,"journal":{"name":"Fox Justi : Jurnal Ilmu Hukum","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133805949","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":"JURIDICAL REVIEW IN EFFORT TO COMMAND OFFENSIVE CRIMINAL ACTIONS PERFORMED BY UNDERAGE CHILDREN (CASE STUDY DECISION NO. 563/PID.SUS/2021/PN LBP)","authors":"Fox Justi, Anisa Fitri, Mahzaniar","doi":"10.58471/justi.v13i1.434","DOIUrl":"https://doi.org/10.58471/justi.v13i1.434","url":null,"abstract":"In writing this thesis the author discusses the juridical review in an effort to overcome immoral crimes committed by minors. This is motivated because the author feels the importance of protecting children in legal matters. On the basis of looking at the condition of the surrounding environment and the circumstances in which the violation of this law is increasingly rampant. This study aims to find out about how the process of tackling immoral crimes against children as the next generation. This research was conducted in Deli Serdang Regency by choosing an agency that has a connection with this problem having its address at the Lubuk Pakam District Court Class IA Jl. General Sudirman No. 58 Lubuk Pakam, Postal Code: 20512, North Sumatra. The type of research used is juridical research, namely legal research conducted based on norms and rules and legislation, especially those relating to the implementation of Law no. 35 of 2014 concerning Child Protection. The results of the study discuss the factors that cause immoral crimes in children, namely family factors, environmental factors, educational factors and social media technology development factors. Completion of cases of judges' decisions on perpetrators of immoral criminal cases. Efforts made in tackling immoral crimes against children, namely legal counseling are very important, given that in general criminals are criminals. Especially immoral crimes against children is the level of legal awareness is still relatively low, so that with this outreach activity, it is hoped that they can understand and realize that immoral crimes against children are unlawful acts and are detrimental to society, which are threatened by law. Then repressive efforts in tackling immoral crimes against children. The repressive action is carried out by arresting and legally processing the perpetrators of immoral crimes against children in accordance with applicable legal regulations.","PeriodicalId":351142,"journal":{"name":"Fox Justi : Jurnal Ilmu Hukum","volume":"300 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131533191","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":"DEFAULT WITH FRAUD IN A DEBT AGREEMENT","authors":"Hari Panri Nst, Tri Reni Novita","doi":"10.58471/justi.v13i1.433","DOIUrl":"https://doi.org/10.58471/justi.v13i1.433","url":null,"abstract":"This research is about Analysis of Default with Fraud in Debt Agreements in Deli Serdang Regency, Medan City. Problem Formulation How is the difference between default and fraud in a debt agreement? What are the obstacles faced in resolving cases of default with fraud in the debt agreement? What efforts are made in resolving cases of default with fraud in the debt agreement? The purpose of this study is to determine the difference between default and fraud in accounts payable agreements. To find out what obstacles are faced in resolving cases of default with fraud in the debt agreement. To find out what efforts are being made in resolving cases of default with fraud in accounts payable agreements. The type of research used is normative and empirical legal research. The results of the study of the difference between default and fraud in accounts payable agreements are that the debtor continues to perform but is only able to pay off part of his debt to the debtor and cannot pay off all his debts to the debtor. In this case, there were several obstacles that occurred the contents of the plaintiff's special power of attorney were incomplete. In this case Defendant 1 could not complete the construction because the building permit was not issued for the land contained in the Certificate of Ownership no. 520 By the Department of Settlement and Spatial Planning Medan City. And in this case also Defendant II could not submit the Certificate of Ownership No. 520 to the plaintiff due to the absence of consent from the defendant I. The legal settlement in the case of default on the debt agreement carried out by Zulkarnai against Mr. Salim and Mrs. Devi Juliastuti was pursued through the courts. Mr. Salim and Mrs. Devi Juliastuti as defendants never attended the trial even though he had been legally and properly summoned, so the judge decided to impose a versteeek verdict on this case.","PeriodicalId":351142,"journal":{"name":"Fox Justi : Jurnal Ilmu Hukum","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130247428","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":"SETTLEMENT OF CIVIL DISPUTES BETWEEN CUSTOMERS WITH BANK THROUGH BANKING MEDIATION (Case Study of Bank Al Washliyah Medan)","authors":"Fox Justi, Asmaharani Mellinia Harahap, Adawiyah Nasution","doi":"10.58471/justi.v13i1.439","DOIUrl":"https://doi.org/10.58471/justi.v13i1.439","url":null,"abstract":"A conflict can originate from the engagement or outside the engagement. Conflicts originating from the engagement arise when one of the parties to the agreement defaults or denies the contents of the agreement. One party views that the contents of the agreement must be fulfilled, the other party views that the provisions or contents of the agreement can be denied. So according to the title I researched, namely \"Civil Dispute Resolution Between Customers and Banks Through Banking Mediation\" who conducted a case study at Bank Al-Washliyah Medan. The problems discussed in this study are what causes banking disputes at Bank Al Washliyah Medan? What is the procedure for resolving disputes between customers and banks through the banking mediation process at Bank Al Washliyah Medan? And how is the legal protection for bank customers through mediation at Bank Al Washliyah Medan?. This research method uses normative legal research which is legal research conducted by examining library materials or secondary data. The data collection technique was carried out by interview and documentation, then to analyze the data used a qualitative approach, namely by analyzing the data in depth and then interpreting it.","PeriodicalId":351142,"journal":{"name":"Fox Justi : Jurnal Ilmu Hukum","volume":"88 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115946038","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":"REVIEW OF COVID-19 TASK CIRCULAR LETTER NUMBER 20 YEAR 2021 ON MANDATORY QUARANTINE POLICY AFTER TAKING INTERNATIONAL TRAVEL DURING THE COVID-19 PANDEMIC IN HUMAN RIGHTS PERSPECTIVE (STUDY ON TRAVEL HUB HOTEL)","authors":"Fox Justi, Budi Harto, Mahzaniar","doi":"10.58471/justi.v13i1.435","DOIUrl":"https://doi.org/10.58471/justi.v13i1.435","url":null,"abstract":"The phenomenon of the spread of the corona virus (Covid-19) which is very fast and uncontrolled has made the World Health Organization (WHO) stipulate that Covid-19 as a pandemic on March 12, 2020. In Indonesia, as one of the countries affected by Covid-19, has tried to make several policies in order to suppress the spread and limit the space for the transmission of Covid-19. One of these policies is the regulation of mandatory quarantine for Indonesian Citizens (WNI) and Foreign Citizens (WNA) who have traveled internationally as stated in the Covid-19 Task Force Circular No. 20 of 2021 concerning International Travel Health Protocols During the Covid-19 Pandemic. -19. The policy regarding the obligation to undergo quarantine during the pandemic has the potential for violations in terms of fulfilling human rights. This study examines more specifically the self-quarantine regulations that are placed in hotels with the components of all costs incurred not being borne by the government but by themselves. This type of research uses a normative juridical method with an approach to legislation and concepts related to self-quarantine. This study summarizes that the state policy regarding mandatory quarantine in an emergency situation such as the Covid-19 pandemic is something that is legally allowed, as long as the limitation of human rights is still in the derogable right group (which can be limited in its fulfillment). However, taking such action must be done carefully, and full of wisdom","PeriodicalId":351142,"journal":{"name":"Fox Justi : Jurnal Ilmu Hukum","volume":"73 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125459211","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":"JURIDICAL REVIEW ON HUMAN TRAFFICKING CRIMINAL ACTS (Decision Number : 801/Pid.Sus/2020/PN Lbp)","authors":"Fox Justi, Cindy Regita Pratiwi, Mahzaniar","doi":"10.58471/justi.v13i1.436","DOIUrl":"https://doi.org/10.58471/justi.v13i1.436","url":null,"abstract":"Trafficking in persons is a symbol/social status where people who have high social status (economic and political power) are ensured to have slaves. Everyone who has slaves will be considered to have a high social status, so it has become a common thing for people who have a high social status. In this problem, the researcher asserts that the legal questions and objectives for human trafficking are as follows: 1. How is the application of the legal system governing the occurrence of the crime of human trafficking (human trafficking) 2. How is the analysis of judge decisions in trafficking decisions Human Trafficking at Number.801/Pid.Sus/2020/PN Lbp. 3. How are the obstacles faced by law enforcement officers in tackling the crime of trafficking in persons (human trafficking). Research is the most important part of the whole series of activities for writing a scientific paper, because to answer the main research problems, the object of the problem described in the formulation of the problem will be answered. The research location is a place or area where the research will be carried out. The location of this research is located at the Lubuk Pakam State Court Class IA Jl. General Sudirman No. 58 Lubuk Pakam, Postal Code: 20512, Tel/Fax: (061) 7955861, North Sumatra. In the application of the legal system that regulates the occurrence of the criminal act of trafficking in persons, it has been very widespread which has been organized both on a national and international scale.","PeriodicalId":351142,"journal":{"name":"Fox Justi : Jurnal Ilmu Hukum","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114178445","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":"EUTHANASIA REVIEW FROM APPLICABLE CRIMINAL LAW IN INDONESIA (Case Study Medan District Court)","authors":"Mega, Nelvitia Purba","doi":"10.58471/justi.v13i1.368","DOIUrl":"https://doi.org/10.58471/justi.v13i1.368","url":null,"abstract":"Apart from technological advances that have many positive effects, it's just that for some people think that these advances have negative effects as well. The negative influence in question is the human thought of a death. The negative influence of technological advances in health science causes the family of a patient or the patient himself to apply to medical personnel or doctors to hasten the death of a patient in order to relieve pain so that the patient can rest in peace and this is what we call euthanasia. In line with the title of this research, namely \"Euthanasia Judging from the Criminal Law Applicable in Indonesia\". The problems that will be discussed in this research are How is the application of the law related to euthanasia in the perspective of criminal law? What are the factors that cause someone to apply for euthanasia? What is the medical legal responsibility regarding medical officers (doctors) who perform euthanasia? This research approach uses normative juridical law research methods. This study uses primary data and tertiary data and data analysis in this study uses qualitative analysis. This study shows that the legal basis used for regulating euthanasia in positive law in Indonesia is Article 344 of the Criminal Code, and the factors that apply to euthanasia are generally severe illness with low life expectancy, frustration factors and economic or financial factors.","PeriodicalId":351142,"journal":{"name":"Fox Justi : Jurnal Ilmu Hukum","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121946449","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":"JURIDICAL ANALYSIS OF THE SUPREME COURT REGULATION NUMBER 5 YEAR 2019 ARTICLE 8 CONCERNING APPLICATIONS AND CASE EXAMINATION IN MARRIAGE DISPENSATION REVIEWING FROM SIMPLE, QUICK AND LOW COST PRINCIPLES","authors":"Fox Justi, Cut Auliani, Nelvitia Purba","doi":"10.58471/justi.v13i1.303","DOIUrl":"https://doi.org/10.58471/justi.v13i1.303","url":null,"abstract":"Marriage dispensation is the granting of a marriage permit by the court to a prospective husband or wife who is not yet old enough to marry. The age limit for marriage in Indonesia was originally regulated in Law No. 1 of 1974, namely if the man was 19 years old and the woman was 16 years old. The age limit for marriage in Indonesia is set so that it can regulate and guarantee the interests of the community in accordance with the culture of the community.The formulation of the problem in this paper are: 1) how is the application of the law, the factors constraining the abuse of underage marriage. 2) how to review the principle of fast, simple, and low cost of the Supreme Court Regulation No. 5 of 2019 Article 8 concerning the Application for Marriage DispensationThis legal research method is normative juridical, namely research to be carried out to obtain materials in the form of theories, concepts, legal principles and legal regulations related to the subject matter. men and women must have maturity both physically and mentally and physically if they want to get married so that when they get married they can build a good marriage without divorce. are not old enough, they must apply for a marriage dispensation and must be with the approval of the two prospective brides and also the parents of the bride and groom who are not old enough. This is in line with Law no.1 of 1974 and has been updated to become Law N0.16 of 2019.","PeriodicalId":351142,"journal":{"name":"Fox Justi : Jurnal Ilmu Hukum","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133818820","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}