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LEGAL PROTECTION OF CHILDREN AS PERPETRATORS OF CRIMINAL ACTS OF NARCOTICS ABUSE FROM THE PERSPECTIVE OF LAW NO. 35 OF 2009 CONCERNING NARCOTICS AND LAW NO. 11 OF 2012 CONCERNING THE CRIMINAL JUSTICE SYSTEM FOR CHILDREN

Muliadi Muliadi — Wed, 30 Oct 2024 00:00:00 +0000

Narcotics abuse by children is currently a concern of many people and is continuously discussed and published. The problem in this is how the law regulates children as perpetrators of narcotics crimes, how is legal protection for children who commit narcotics crimes related to Law No. 35 of 2009 concerning Narcotics and Law No. 11 of 2012 concerning the Juvenile Criminal Justice System, what are the obstacles in law enforcement against children as perpetrators of criminal acts of narcotics abuse. Based on the results of the study, it is understood that the police constraint in law enforcement against children as perpetrators of narcotics abuse is the lack of awareness of the general public about their role in efforts to prevent and eradicate narcotics abuse by children.

ANALYSIS OF JUDGES' CONSIDERATIONS IN IMPOSING SANCTIONS ON PERPETRATORS OF CRIMES AGAINST BIOLOGICAL CONSERVATION AND ECOSYSTEMS KEEPING AND POSSESSING ANIMAL SKINS TO PROTECT PROTECTED ANIMALS IN INDONESIA

Miftahuda Dizha Fezuono — Wed, 30 Oct 2024 00:00:00 +0000

Crimes against wildlife refer to all activities involving wild animals that are prohibited by law. Today, wildlife crime is one of the world's largest criminal industries. There is strong evidence that wildlife crime increases as economic well-being increases. One of the criminal acts that developed in society was keeping and possessing protected animal skins. This act is a crime that can be punished against the perpetrator. The formulation of the problem in this study is setting cumulative prison sanctions and fines in the crime of keeping and possessing protected animal skins, what is the criminal responsibility for perpetrators who keep and possess protected animals, how is the cumulative criminal law analysis of imprisonment and fines against keeping and possessing protected animal skins by decision number 41/Pid.B/LH/2020/PN.Liw Based on the results of the research it is understood that the cumulative sanctions of imprisonment and fines for the crime of keeping and owning protected animal skins in the decision of the District Court Number 41/Pid.B/LH/2020/PN.Liw are regulated in Article 21 paragraph (2) letter d Jo. Article 40 Paragraph (2) Law Number 5 of 1990 Concerning the Conservation of Living Natural Resources and Ecosystems and the defendant has been legally and convincingly proven guilty of committing the crime of keeping or possessing protected animal skins..

LEGAL ANALYSIS OF THE ROLE OF THE POLICE IN INVESTIGATIONS FOR LEGAL PROTECTION OF VICTIMS OF RAPE, ADULT AND CHILD WOMEN (Analysis of Aceh Qanun No. 6 of 2014 concerning Jinayat Law)

Maksum Maksum — Wed, 30 Oct 2024 00:00:00 +0000

Rape is a very deviant behavior carried out by humans who have crossed the limits of their humanity, even beyond the animal side. At present the crime of rape is a crime that has received sufficient attention in the community. As for the formulation of the problem in this research, namely how to arrange Police investigations into victims of the criminal act of rape of adult women according to the Criminal Code and Qanun in the Police, what forms of legal protection for victims of criminal acts of rape to fulfill the victims' rights based on Qanun Aceh No. 6 of 2014 concerning the Jinayat Law, what are the obstacles in the Police's investigation of rape victims in the police. The results of the study are that the form of legal protection for victims of rape in investigations is in the examination of victims of law enforcement officials who are members of the criminal justice system starting from police investigators, public prosecutors to judges during examinations in court still treating victims of rape crimes as an object, not a subject whose rights must be heard, respected and protected by law. Obstacles in investigating victims of rape in the police are that it is difficult for investigators to find the whereabouts of perpetrators who have fled and become fugitives.

PROTECTION OF OFFICE ADMINISTRATIVE RIGHTS WITH CONTRACT WORK BASED ON JOB CREATION LAW NUMBER 11 OF 2022

Cut Nurita — Wed, 30 Oct 2024 00:00:00 +0000

Outsourcing workers have a very important role to support activities within the company. The formulation of the problem in this is how the legal arrangements for outsourced workers (outsourcing) for office administration in Indonesia, how is the legal protection for outsourced workers (outsourcing) according to Law Number 13 of 2003, what are the obstacles and efforts in legal protection for outsourced workers (outsourcing) and how to solve it. The results of the study show that the obstacle to legal protection for outsourced workers is the unfairness of wages for workers who are differentiated by the type of work the worker does. Efforts made by outsourced workers can be extended according to the performance of the workers themselves. Workers who are still able to work can extend the work contract from the start again

THE ROLE OF THE POLICE IN MAINTAINING SECURITY AND PUBLIC ORDER(Research Study at Pidie Police Resort)

Mursal Mursal — Wed, 30 Oct 2024 00:00:00 +0000

Polmas is a policing model that emphasizes equal partnership, between the police and the local community, in resolving and overcoming any social problems that threaten security and order, in order to improve the quality of life of local residents. The formulation of the problem in this is how the law regulates the development of security and public order, what is the role of the police in fostering security and public order, what are the police obstacles in fostering security and public order in the jurisdiction of the Pidie Police. The conclusion from the discussion is that the role of the Police in fostering security and public order has been maximized due to the reduced crime rate that occurred in the jurisdiction of the Pidie Police. In addition, it has been seen that there is an environmental security and order system at the sub-district level which has the jurisdiction of the Pidie Police. Even the Environmental Security System (Siskamling) has been implemented and almost in several sub-districts have Siskamling. The existence of an adequate security and public order system indicates that the crime rate is decreasing in the jurisdiction of the Pidie Police. Police obstacles in fostering security and public order in the jurisdiction of the Pidie Resort Police are influenced by two factors, namely: internal factors from Polmas officers and external factors (external) that come from the community.

LAW ENFORCEMENT ON TERRORISM CRIMINAL ACTS COMMITTED BY TNI SOLDIERS FROM THE PERSPECTIVE OF CRIMINAL JUSTICE SYSTEM

Miyas Miyas — Wed, 30 Oct 2024 00:00:00 +0000

The crime of terrorism does not only involve civilians but also involves TNI personnel such as the case of selling ammunition to the Free Papua Movement (OPM). The formulation of the problem in this study is how the legal regulation of criminal acts of terrorism carried out by TNI personnel in the perspective of the criminal justice system, how to enforce the law against TNI personnel who carry out terrorism, how are the obstacles to law enforcement against TNI personnel who carry out terrorist acts. The results of the study are obstacles to law enforcement against TNI personnel who carry out terrorist acts, namely the police always have difficulty in finding initial evidence, examining perpetrators who feel they are in the right position, perpetrators are suspected of having mental disorders, low education of perpetrators, and the attitude of perpetrators of terrorist acts who insist on not carrying out terrorist acts.

IMPLEMENTATION OF THE DEATH PENALTY AGAINST DRUG DEALERSTHOSE WHO COMMIT EVIL CONSPIRACY (SAMENSPANNING) IN THE DISTRIBUTION OF NARCOTICS (AnalysisSupreme Court DecisionNumber 2761 K/Pid.Sus/2020)

Mosque Mosque — Wed, 30 Oct 2024 00:00:00 +0000

Criminal imposition of a person who commits a criminal act is a very important part of realizing the criminal justice system. The formulation of the problem in this is how the law regulates criminal conspiracy (samenspanning) in the distribution of narcotics, what is the criminal responsibility of narcotics dealers who commit conspiracy (samenspanning) in the distribution of narcotics, what are the considerations of judges in imposing capital punishment on narcotics dealers who commit conspiracy (samenspanning) in the circulation of narcotics. The results of the study show that the criminal responsibility of narcotics dealers who engage in conspiracy (samenspanning) in the distribution of narcotics is the death penalty because the defendant is dominant and can be categorized as the main actor and added to the amount of crystal methamphetamine evidence weighing 30 (thirty) kilograms. The judge's considerations in imposing capital punishment on narcotics dealers who committed conspiracy (samenspanning) in the distribution of narcotics because the Defendant's actions are very contrary to the government's program to eradicate narcotics, Indonesia is in a narcotics emergency situation which could endanger the nation's generation, the amount of evidence of methamphetamine-type narcotics is very large, The suspect was already included in the international/international narcotics distribution network and the defendant had a dominant role in bringing the methamphetamine from Malaysia to Indonesia

RESTORATIVE JUSTICEAS PART OF THE PROTECTION OF CHILDREN IN CONFLICT WITH THE LAW, IT IS REVIEWED FROM LAW NUMBER 11 OF 2012 ABOUT THE JUVENILE JUSTICE SYSTEM

Muhammad Aldwi Ashary — Wed, 30 Oct 2024 00:00:00 +0000

The application of the principle of restorative justice in dealing with criminal acts committed by children in a formal juridical manner has been regulated in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. The formulation of the problem in this is how to regulate restorative justice for children as perpetrators of criminal acts, how to apply restorative justice in resolving child protection crimes, how are the obstacles in implementing restorative justice for child protection crimes. The results of the study indicate that the obstacle in implementing restorative justice against children as perpetrators of violent crimes is that they are still very limited, both physical facilities where the implementation of restorative justice is carried out, and non-physical facilities, namely the unavailability of professional personnel such as doctors, psychologists, skill instructors and educators. in various places where children are placed during the handling of the legal process.

LEGAL PROTECTION FOR VICTIMS OF CRIMINAL ACTS ONLINE ARISAN FRAUD (Study of Decision Number 897/Pid.B/2020/PN Btm)

Tamimi Pratiwi — Wed, 30 Oct 2024 00:00:00 +0000

The cases of fraud that have occurred recently are getting more and more unsettled. One form of fraud is the criminal act of social gathering fraud. The research carried out is normative juridical law research with an empirical juridical approach using primary data and supported by secondary data in the form of primary legal materials, secondary legal materials and tertiary legal materials. Based on the results of the study, it is understood that the regulation of legal protection for victims of online social gathering is Article 28 paragraph (1) Jo. Article 45A paragraph (1) of Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions and Article 378 of the Criminal Code which regulates the crime of fraud.

LAW ENFORCEMENT IN TRAFFIC ACCIDENT CRIMINAL ACTS DUE TO DRIVER NEGLIGENCE RESULTING IN THE VICTIM'S DEATH (Case Study at Serdang Bedagai Police Resort)

Ramadhan Helmi — Wed, 30 Oct 2024 00:00:00 +0000

The occurrence of traffic accidents causes many victims, died due to negligence or recklessness in driving a motorized vehicle.This application is regulated in Law Number 22 of 2019 concerning Road Traffic and Transportation. The formulation of the problem in this is how to regulate the law regarding traffic accidents in Indonesia, what are the factors that cause road traffic accidents that cause death, what are the solutions to overcome obstacles in law enforcement in traffic accident crimes on the highway according to the laws in force at The results of the study show that the factors that cause traffic accidents that cause death are intentional, namely deliberately driving a motorized vehicle in a dangerous manner and threatening the safety of road users. Article 311 of Law no. 22 of 2009 concerning Road Traffic and Transportation, it is proven whether driving properly or not. Countermeasures carried out by the Serdang Bedagai Police traffic unit against traffic violations in two ways, namely preventive and repressive, preventive efforts by enforcing the law against traffic crimes that cause victims to die, remain consistent with the provisions of Article 76 sd

LEGAL CONSEQUENCES OF UNILATERAL REVOCATION OF A POWER OF ATTORNEY BY A CLIENT FROM THE PERSPECTIVE OF A RECIPIENT AGREEMENT IN THE GRANTING OF POWER OF ATTORNEY TO SETTLE CIVIL CASES IN COURT

Syarah Aisha, Dani Sintara — Wed, 30 Oct 2024 00:00:00 +0000

Representative institutions are widely used in practice because they can facilitate the journey through legal traffic. This representation gives rise to the giving of orders and the person who has been given power of attorney can carry out the legal act on behalf of the person who gave the power of attorney or it can also be said that he represents the principal acting in law. This means that what he does is at the expense of the principal and all his rights and obligations arising from the actions he does become the rights and obligations of the person who gave the power of attorney. The formulation of the problem in this study is how the legal regulation of the power of attorney agreement for the settlement of civil cases in court, what is the legal responsibility if one party defaults in the power of attorney agreement for the settlement of civil cases in court, what are the legal consequences of unilateral revocation of the power of attorney in the power of attorney agreement for the settlement of civil cases in court from the perspective of a reciprocal agreement.

INTENTIONAL CRIMINAL ACT AND SENDING ELECTRONIC INFORMATION CONTAINING EXTORTION (Analysis of Padang Sidempuan District Court Decision Number 112/Pid.Sus/2023/PN PSP)

Teguh Wasito, Dani Sintara — Wed, 30 Oct 2024 00:00:00 +0000

Electronic documents that contain threatening content as a criminal act, then the perpetrator who is proven legally and convincingly guilty of committing a crime intentionally and without the right to transmit electronic documents containing extortion, so that he is sentenced to imprisonment for 3 (three) years and 6 (six) months. The results of the study, namely the application of the law to perpetrators of extortion through electronic media in the decision of the Padang Sidempuan District Court Number 112 / Pid.Sus / 2023 / PN PSP, that the judge in deciding the case applied the provisions contained in Law Number 19 of 2016 concerning Information and Electronic Transactions with the consideration that the perpetrator of the crime of unauthorized transmission of electronic documents has fulfilled the elements of Article 45 Paragraph (4) Jo Article 27 Paragraph (4) of Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions. The suggestion put forward is that the type of criminal penalty threatened in the ITE Law is cumulative (imprisonment and fines), so in fact this penalty is more appropriately aimed at individuals, it is impossible for legal entities to be sentenced to imprisonment. If legal entities can also be held accountable, there should also be a specific type of sanction in the form of actions including revocation of business licenses, compensation and so on. The existence of sanctions for these actions such as administrative sanctions, but these sanctions are not integrated into the criminal responsibility system or the criminalization system in the ITE Law.

A LEGAL ANALYSIS OF POLICE DIVERSION IMPLEMENTATION TOWARDS CHILD PERPETRATORS OF INDEMNITY (A Study in the Jurisdiction of the Bandar Pulau Police Sector)

Azwar Fatlhi Batubara, M Yamin Lubis, Marlina Marlina — Wed, 30 Oct 2024 00:00:00 +0000

The consideration of diversion by the court is the philosophy of the juvenile criminal justice system to protect and rehabilitate (protection and rehabilitation) child perpetrators of crimes. Diversion actions are also carried out as an effort to prevent a child perpetrator from becoming a criminal. The problem in this thesis is how the legal regulations regarding police diversion are for criminal acts of child molestation, how the police diversion is implemented for criminal acts of child molestation, what are the obstacles in the implementation of police diversion for criminal acts of child molestation. Based on the results of the study, it is known that the legal regulations regarding police diversion for criminal acts of child molestation through diversion have been implemented since the issuance of Perma No. 04 of 2014 dated July 24, 2014 concerning Guidelines for the Implementation of Diversion in the Juvenile Criminal Justice System. Diversion is only carried out for crimes committed by children whose criminal penalty is under 7 (seven years) and is not a repeat of the crime. The application of police diversion to child molestation through diversion is that children are treated humanely by providing the best facilities for children by paying attention to special needs according to the child's age.

IMPLEMENTATION OF REMISSIONS FOR DRUGS INMATES (Study at Class II B Tebing Tinggi Correctional Institution)

Muhammad Ir Affandy, Danialsyah Danialsyah, Marlina Marlina — Wed, 30 Oct 2024 00:00:00 +0000

Remission is a reduction in the period of serving a sentence given to prisoners who meet the requirements stipulated in the laws and regulations. The implementation of remission for narcotics prisoners at the Class II B Tebing Tinggi Correctional Institution is carried out or proposed at a TPP (Correctional Observer Team) hearing or officers at the Class II B Tebing Tinggi Correctional Institution and the results of the hearing are proposed to the Regional Office of the Ministry of Law and Human Rights of the Republic of Indonesia. Then the Directorate General of Corrections makes a decision letter on the prisoner's remission. The basis for granting remission to narcotics and psychotropic prisoners at the Class II A Binjai Correctional Institution is Law Number 12 of 1995 concerning Corrections, Government Regulation Number 99 of 2012 concerning Amendments to Government Regulation No. 32 of 1999 concerning Requirements and Procedures for the Implementation of the Rights of Correctional Inmates. The formulation of the problem in this thesis is how the legal regulation of granting remission to drug convicts in Indonesia, how is the implementation of remission for drug convicts at the Class II B Tebing Tinggi Penitentiary, what are the obstacles in granting remission for drug convicts in the Class II B Tebing Tinggi Penitentiary who are not given remission for the sentences they have served. Based on the results of the study, it is known that the obstacles in granting remission for drug convicts in the Class II Binjai Penitentiary who are not given remission for the sentences they have served are convicts who commit indisciplinary actions and convicts who are still serving their sentences which are a requirement for remission provisions.

A LEGAL ANALYSIS OF THE PRINCIPAL CRIMINAL ACTION OF MONEY IN THE FORM OF SUBSTITUTE CRIMINAL (Study of Supreme Court Decision of the Republic of Indonesia Number 110 K/Pid.Sus/2024)

Yulikha Margaretha, Dani Sintara — Wed, 30 Oct 2024 00:00:00 +0000

Payment of replacement money in corruption cases can save state money that has been corrupted. The formulation of the problem in this study is how the mechanism for payment of replacement money to return state losses in corruption cases, the obstacles faced in the process of payment of replacement money to return state losses in corruption cases, how the legal considerations of judges in the Supreme Court of the Republic of Indonesia Number 110 K / Pid.Sus / 2024 related to payment of replacement money to return state losses in corruption cases. The results of the study, namely the obstacles faced in the process of paying substitute money to return state losses in corruption cases, are that the handling of corruption cases has been carried out in an extraordinary manner, but there are still obstacles concerning the confiscation of assets that do not yet have a legal umbrella, confiscation of assets, and audits of the calculation of state financial losses that do not reach the level of the flow of money and the Perception of the Executing Prosecutor regarding the Judge's verdict. The legal consideration of the judge in the Supreme Court of the Republic of Indonesia Number 110 K/Pid.Sus/2024 regarding the payment of replacement money for the return of state losses in corruption cases is that the defendant has enjoyed money from the crime, so based on Article 18 of Law Number 31 of 1999 concerning the Eradication of Corruption, the Defendant is sentenced to pay replacement money converted with money that the Defendant has deposited with the Public Prosecutor