Journal Of Law Theory And Law Enforcement最新文献_第2页

THE CRIMINAL ACT OF ILLEGAL MINING OF SAND AND GROSOK 非法开采沙石的犯罪行为

Journal Of Law Theory And Law Enforcement Pub Date : 2023-03-07 DOI: 10.56943/jlte.v2i1.269

Robi’atul Hadawiyah, Subekti, Noenik Soekorini

{"title":"THE CRIMINAL ACT OF ILLEGAL MINING OF SAND AND GROSOK","authors":"Robi’atul Hadawiyah, Subekti, Noenik Soekorini","doi":"10.56943/jlte.v2i1.269","DOIUrl":"https://doi.org/10.56943/jlte.v2i1.269","url":null,"abstract":"The control of minerals and coal by the state as referred to in Paragraph (1) is organized by the Government and Regional Governments. The purpose of this research is to understand and analyze the management of river sand mining and grosok in accordance with applicable laws and regulations in Indonesia, also examine and analyze criminal law enforcement on illegal mining of river sand and grosok. This research is included in normative legal research. The results showed that to conduct community mining activities in river sand mining according to Law No. 4/2009 concerning Mineral and Coal is Article. 1 number 10; Article. 1 number 12; Article. 20; Article. 21; Article. 22; Article. 24; Article. 25; Article. 26; Article. 35; Article. 67; Article. 68; Article. 69; Article. 70; Article. 72; Article. 73; Article. 104; Article. 131 and Article 132 with their criminal sanctions are contained in Article. 158, Article, 159 and Article. 165. The investigation of criminal act of illegal mining of river sand and grosok by police officers of the Directorate of Special Criminal Investigation of East Java Regional Police resulted in the conclusion that there was a criminal act of illegal mining by everyone who conduct the mining without a permit, as referred to in Article 158 of Law of Republic Indonesia No. 3/2020 concerning amendments to Law of Republic Indonesia No. 4/2009 concerning Mineral and Coal Mining, which has been amended by Law of Republic Indonesia No. 11/2020 concerning Job Creation.","PeriodicalId":393682,"journal":{"name":"Journal Of Law Theory And Law Enforcement","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115805206","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

LAW ENFORCEMENT OF CRIMINAL ACTS IN THE MISUSE OF SUBSIDIZED SOLAR OIL IN INDONESIA 印度尼西亚滥用补贴太阳能油犯罪行为的执法

Journal Of Law Theory And Law Enforcement Pub Date : 2023-03-03 DOI: 10.56943/jlte.v2i1.266

Reza Oktriananta Hadyan Putra, Subekti, Yoyok Ucuk Suyono

{"title":"LAW ENFORCEMENT OF CRIMINAL ACTS IN THE MISUSE OF SUBSIDIZED SOLAR OIL IN INDONESIA","authors":"Reza Oktriananta Hadyan Putra, Subekti, Yoyok Ucuk Suyono","doi":"10.56943/jlte.v2i1.266","DOIUrl":"https://doi.org/10.56943/jlte.v2i1.266","url":null,"abstract":"The Oil and Gas Law provides a legal basis for steps to renew and realign Oil and Gas business activities. In accordance with the Oil and Gas Law, Pertamina’s function is a business entity, as an operator, by implementing the applicable laws and regulations. The government has established a government agency which in conducting its functions, duties, and authorities is independent, called the regulatory agency for the supply and distribution of fuel which was formed based on Government Regulation Number 67 of 2002 and Presidential Decree Number 86 of 2002, which referred to Government Regulation. This research aims to improve the supervision of the distribution of subsidized oil. Pertamina has collaborated with the Indonesian National Police through Pertamina Joint Agreement Letter (SKB) andNational Police Headquarters No. Pol. KEP/34/VII/2004 and Number KPTS-035/C00000/2004-S0 concerning on the Security of Kerosene and Diesel Fuel. Based on research result, the law enforcement on criminal act in the misuse of the trading system of subsidized diesel by the Police through investigations and investigations with the conclusion that the fulfillment of the elements of the article referred to in Article 55 of the Oil and Gas Law. Based on the Oil and Gas Law, the subjects are people and business entities. It can be seen in CHAPTER XI regarding criminal provisions.","PeriodicalId":393682,"journal":{"name":"Journal Of Law Theory And Law Enforcement","volume":"122 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122547790","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

CRIMINAL LAW ENFORCEMENT AGAINST PERPETRATORS OF ILLEGAL MINING IN SUKODADI VILLAGE, KABUH, JOMBANG 在中邦kabuh的sukodadi村对非法采矿肇事者的刑事执法

Journal Of Law Theory And Law Enforcement Pub Date : 2023-03-01 DOI: 10.56943/jlte.v2i1.265

Subekti, Noenik Soekorini, Universitas Dr. Soetomo, Surabaya

{"title":"CRIMINAL LAW ENFORCEMENT AGAINST PERPETRATORS OF ILLEGAL MINING IN SUKODADI VILLAGE, KABUH, JOMBANG","authors":"Subekti, Noenik Soekorini, Universitas Dr. Soetomo, Surabaya","doi":"10.56943/jlte.v2i1.265","DOIUrl":"https://doi.org/10.56943/jlte.v2i1.265","url":null,"abstract":"This research aims to analyze the criminal liability and law enforcement process against perpetrators who carry out unlicensed mining activities in Sukodadi village, Kabuh, Jombang. This research is included in sociological and legal research. The results indicated that the perpetrators fulfilled the elements of liability. In this case, the mistake considers intentionality and negligence, which means that the perpetrators are considered to have intentionality committed the act. Thus the perpetrators, in taking responsibility for their actions, can be subject to Article 160 paragraph 2 of the Law of the Republic Indonesia No. 4/2009 concerning Mineral and Coal Mining Jo Article 55 Paragraph 1 to (1) of the Criminal Code with a maximum imprisonment of 5 (five) years and a maximum fine of IDR. 10,000,000,000,- (ten billion rupiah). The law enforcement process against the perpetrators conducted by the East Java Police Special Criminal Investigation Unit, namely conducting, summoning, confiscation, and searches in this case, is very supportive and mutually reinforcing between witness testimony, expert testimony, clues, and the existence of evidence seized with the confession of the suspect.","PeriodicalId":393682,"journal":{"name":"Journal Of Law Theory And Law Enforcement","volume":"41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121472434","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

CRIMINAL LAW ENFORCEMENT OF URUK SOIL WITHOUT MINING BUSINESS LICENSE (IUP) 未取得采矿营业执照的乌土刑事执法(iup)

Journal Of Law Theory And Law Enforcement Pub Date : 2023-02-28 DOI: 10.56943/jlte.v2i1.262

A. Erlando, Wahyu Prawesthi, Bachrul Amiq

{"title":"CRIMINAL LAW ENFORCEMENT OF URUK SOIL WITHOUT MINING BUSINESS LICENSE (IUP)","authors":"A. Erlando, Wahyu Prawesthi, Bachrul Amiq","doi":"10.56943/jlte.v2i1.262","DOIUrl":"https://doi.org/10.56943/jlte.v2i1.262","url":null,"abstract":"The government has the authority to control and guarantee the availability of natural resources for the benefit of society. Within its authority, the government has regulated and provided guidelines for the exploitation of natural resources in the mining sector in Indonesia through Law No. 4 of 2009 concerning Mineral and Coal Mining (Minerba Constitution). This research aims to determine criminal liability and criminal law enforcement of the mining of uruk soil without a Mining Business License (IUP). The method used in this research is normative legal research. The results showed that several conditions must be filled for a person or legal entity to be sentenced, including the existence of a criminal act committed, the ability to be responsible and the element of error of intentionality or negligence. As stipulated in article 158 of the Law of the Republic of Indonesia number 4 of 2009 concerning Mineral and Coal mining. Law enforcement by the police of the Directorate of Special Criminal Investigation of East Java Regional Police, through investigation, has succeeded in finding suspects on behalf of supono or supo. Based on witness statements, expert statements, suspect statements, and evidences, it have fulfilled the criminal elements of mining uruk and sand land without being equipped with a Mining Business License (IUP) as stipulated in article 158 of RI Law number 4/2009 concerning Mineral and Coal mining.","PeriodicalId":393682,"journal":{"name":"Journal Of Law Theory And Law Enforcement","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124956614","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 RATIO LEGIS LIABILITIES AND REPUDIATION RIGHTS OF LAND DEED OFFICERS BASED ON CRIMINAL CODE PERSPECTIVES 基于刑法视角的土地契约官员法律责任与抵赖权的比例

Journal Of Law Theory And Law Enforcement Pub Date : 2023-02-24 DOI: 10.56943/jlte.v2i1.261

Fachria, Wahyu Prawesthi

{"title":"THE RATIO LEGIS LIABILITIES AND REPUDIATION RIGHTS OF LAND DEED OFFICERS BASED ON CRIMINAL CODE PERSPECTIVES","authors":"Fachria, Wahyu Prawesthi","doi":"10.56943/jlte.v2i1.261","DOIUrl":"https://doi.org/10.56943/jlte.v2i1.261","url":null,"abstract":"Land deed officers have existed as public servants for less time than the notary institution, which extends back more than three centuries. If we take a look at the Basic Agrarian Law included in Law No. 5/1960, we can see that it does not specify the specific responsibilities of Land Deed Officers while creating land deeds. The objective of this research is to analyze a comprehensive overview of the professional practice of land deed officials, who assume that the obligation to register land is upheld in addition to elevating the status of land from conventional rights, in which evidence of ownership is indicated by Petok D, Girik, or Letter C, as well as legal actions related to the acquisition, transfer, and deletion. The method employed in this research is a normative juridical method, and it includes the using legislation, conceptual, historical, and systems approaches as well as literature or law found in books. When land deed officers are requested to testify in civil proceedings, particularly in criminal cases, the repudiation rights of land deed officers that have been established in this legislation and regulation have various problems in their implementation. However, it should be remembered that repudiation rights are \"rights\" not obligations. Deed of land deed officers who contain legal defects either due to land deed officers' mistakes, negligence, or due to the intention of the land deed officers themselves, the land deed officers must be able to provide accountability both morally and legally.","PeriodicalId":393682,"journal":{"name":"Journal Of Law Theory And Law Enforcement","volume":"195 ","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120872540","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

LEGAL ANALYSIS OF INTERFAITH MARRIAGE IN INDONESIA 印度尼西亚跨宗教婚姻的法律分析

Journal Of Law Theory And Law Enforcement Pub Date : 2023-01-20 DOI: 10.56943/jlte.v2i1.282

Lolita Permanasari

引用次数: 0

THE LICENSE FOR HIRING FOREIGN WORKERS IN INDONESIA 在印尼雇佣外国工人的许可证

Journal Of Law Theory And Law Enforcement Pub Date : 2023-01-12 DOI: 10.56943/jlte.v2i1.274

Siti Ngaisah

引用次数: 1

LEGAL CULTURE DECONSTRUCTION IN INDONESIAN LEGAL SYSTEM 印尼法制中的法律文化解构

Journal Of Law Theory And Law Enforcement Pub Date : 2023-01-11 DOI: 10.56943/jlte.v2i1.227

Universitas Negeri Surabaya

{"title":"LEGAL CULTURE DECONSTRUCTION IN INDONESIAN LEGAL SYSTEM","authors":"Universitas Negeri Surabaya","doi":"10.56943/jlte.v2i1.227","DOIUrl":"https://doi.org/10.56943/jlte.v2i1.227","url":null,"abstract":"Along with the reformation development in Indonesia, the new demand was created and realized with the implementation of law in society. The implementation of laws and regulations is a critical component of law enforcement. It entails legal officers' and society's willingness to enforce the law in order to maintain social order and establish justice. This research is normative juridical research that provides a qualitative analysis of discussed material by analyzing theories, legal principles, and law. From the research result, it found that the law and regulation in Indonesia is still weak and need to be improved. With the implementation of law and regulations in Indonesia, there are many obstacles and problems faced in its enforcement. As an example, the court justice is still doubt in issuing the law or regulations for the government or any political parties. Legal system consists of three components: legal structure, legal substance, and legal culture. These three elements are interconnected and have positive implications for the development of a responsive legal system. According to the research findings, the Indonesian legal system is repressive because the three elements of the legal system demonstrate its equality.","PeriodicalId":393682,"journal":{"name":"Journal Of Law Theory And Law Enforcement","volume":"325 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133471183","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

Criminal Liability Against Child Exploitation Perpetrators by Educators in Islamic Boarding Schools 伊斯兰寄宿学校教育工作者剥削儿童的刑事责任

Journal Of Law Theory And Law Enforcement Pub Date : 2022-10-06 DOI: 10.56943/jlte.v1i4.180

Ahmad Ihsan Amri

{"title":"Criminal Liability Against Child Exploitation Perpetrators by Educators in Islamic Boarding Schools","authors":"Ahmad Ihsan Amri","doi":"10.56943/jlte.v1i4.180","DOIUrl":"https://doi.org/10.56943/jlte.v1i4.180","url":null,"abstract":"The children exploitation that occurs within the scope of Islamic boarding schools is increasing and it is required for strict supervision from the government to take preventive measures against this crime even though the implementation of Islamic boarding schools that regulated in Law of the Republic Indonesia No. 18/2019 concerning Islamic Boarding Schools. The aims of this research is divided into two types, to examine the effectiveness of positive law in Indonesia in law enforcement cases of crimes against children as victims and examine the legal sanctions from the actions of educators who exploit children in the Islamic boarding school environment; also, to fulfillment of academic requirements of researcher to complete the task of child criminal course at the Postgraduate of Law Faculty in Narotama University Surabaya and add theoretical and practical knowledge in legal science, especially in criminal law. The method used is juridical-normative method combined with conceptual, statutory and case approach. The source data of this research consist of primary, secondary, and tertiary legal materials. In addition, the data collection used library research. The criminal sanctions for perpetrators of child exploitation in Islamic boarding schools are regulated in the Child Protection Law in Article 761 and Article 88 which the perpetrator is threatened with a maximum imprisonment of 10 years and a maximum fine of IDR 200,000,000,- and the child as a victim can apply for restitution rights or compensation based on Government Regulation No. 43/2017 concerning the Implementation of Restitution for children who are victims of criminal acts.","PeriodicalId":393682,"journal":{"name":"Journal Of Law Theory And Law Enforcement","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134212070","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

Legal Protection for Taxpayers Participants of Voluntary Disclosure Program in the Law on Harmonization of Tax Regulations 税收法规协调法对自愿披露纳税人的法律保护

Journal Of Law Theory And Law Enforcement Pub Date : 2022-09-02 DOI: 10.56943/jlte.v1i4.169

Achmad Subagyo, S. Abdullah, M. Saleh

{"title":"Legal Protection for Taxpayers Participants of Voluntary Disclosure Program in the Law on Harmonization of Tax Regulations","authors":"Achmad Subagyo, S. Abdullah, M. Saleh","doi":"10.56943/jlte.v1i4.169","DOIUrl":"https://doi.org/10.56943/jlte.v1i4.169","url":null,"abstract":"The tax laws and regulations have changed many times, but these changes have not had a strong impact in terms of fulfilling the tax function as a regulator and source of financing for state administration and national development, especially during this Covid-19 pandemic. Therefore, the government regulates and changes several provisions in the field of taxation, such as Law No. 11/2020 concerning job creation and Law No. 7 concerning HPP (Harmonization of Tax Regulations). Minister of Finance stated that the HPP Law would provide provisions for the government to overcome disruption or shock of Covid-19 after effect. The objectives of this research are to describe the analysis of asset arrangements that must be reported in the Voluntary Disclosure Program and analyze legal remedies that can be taken by taxpayers who experienced losses as participants. This research used a normative type of research. The approach used in this research is a descriptive analysis. The source data of this research consist of primary and secondary legal materials. In addition, the data collection used library research. Taxpayers participating in the Voluntary Disclosure Program can take legal action against all disputes related to the Tax Amnesty Program through an Objection Application when the Taxpayer receives an SKPKB (Tax Underpayment Assessment Letter). Meanwhile, based on the decision of the Director General of Taxes, apart from the issuance of SKPKB, it can only be resolved through a lawsuit to the Tax Court.","PeriodicalId":393682,"journal":{"name":"Journal Of Law Theory And Law Enforcement","volume":"29 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":"125003554","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