SciRepID - Scientific Publication Search

Publication Search

50,562 articles from 425 journals · 1,447 citations tracked

Showing 2641-2660 of 2,801

Analytics

Novita Anggriani Lahabu; Rafika Nur; Darmawati Darmawati

JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 2023 Pusat Riset dan Inovasi Nasional

There are so many cases where the perpetrators are more than one person, which occur in our society. Often there is debate in imposing punishment on the direct makers and the indirect makers of criminal acts. To impose a sentence on a case, the judge must know which maker is directly or indirectly and bases his decision apart from the law and also considers the demands of the public prosecutor. Sometimes the perpetrators of the crime of participation are not touched at all by the law so that what they should be prosecuted by law is not even processed. The purpose of this study is to examine the criminal responsibility of the perpetrators of the crime of counterfeiting. The research conducted is normative legal research. Based on the results of the research the defendant was proven guilty of committing the crime of "making and using fake documents" as stipulated and subject to criminal penalties in Article 264 paragraph (1) of the 1st Criminal Code and second article 264 paragraph (2) of the Criminal Code. The crime of inclusion is regulated in Article 55 and Article 64 of the Criminal Code

Syefi Putri Amanda; Anajeng Esri Edhi Mahanani

JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 2023 Pusat Riset dan Inovasi Nasional

The Industrial Revolution 4.0 encourages everyone to do routines quickly, easily, and efficiently, activity carried out online that only uses gadgets and networks that may be done anywhere. One example of the application of the industrial revolution 4.0 is the emergence of e-commerce which is also accompanied by the emergence of a term called Marketplace. Marketplace is a market where sellers and buyers meet which there are many products and various kinds of stores, only done online and online. Only with gadgets, ordered goods have been received and delivered by shipping services (expeditions). But with this, it does not rule out the possibility that unpleasant things do not happen such as damage or even loss of ordered goods. With this, this study aims to determine the form of legal protection and legal remedies provided to overcome these problems. This research uses normative research methods through principles, legal rules, etc    

Iis Ariski; Irkhamna Kamalia; Fatikha Nur Nafi Ul’umam; Chanun Nida’ Nabiqoh

JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 2023 Pusat Riset dan Inovasi Nasional

Indonesia is a constitutional state, in which every behavior of the Indonesian people must be based on the laws set by the government. In addition, of course, as an Indonesian citizen, he must know his status in this country. Because basically every Indonesian citizen has the same right to obtain guarantees and legal certainty in every action. After knowing the importance of citizenship, of course, what is no less important is knowing immigration law. Because citizenship law and immigration law have an interrelated relationship in the legal system in Indonesia. The purpose of the research that the authors conducted was to find out the nature of citizenship and immigration in the Indonesian legal system. The research method used is the library method, in which researchers use sources from various books, journals and other sources of literature.  

Haqkiki Bintang Pratama; Zainuddin Hasan; Adelya Putri Utami

JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 2023 Pusat Riset dan Inovasi Nasional

Society's need for cosmetics has led to the emergence of many cosmetic manufacturers. Distribution permits to sell freely on the market currently do not have many cosmetic products. The purpose of this research is to find out the legal consequences of the abuse of chemical-based cosmetics that do not include the number of the Food and Drug Supervisory Agency (BPOM) with counterfeit distribution (study center at Pasar Simpur, Bandar Lampung). The legal consequence of the abuse of the use of chemical-based cosmetics that are not listed as BPOM numbers with counterfeit distribution (Study Center in Bandar Lampung's Simpur Market), can be subject to various statutory provisions, namely Law Number 36 of 2009 concerning Health, Law Number 8 of 2011 concerning Protection Consumers and Decision of the Head of BPOM Republic of Indonesia Number HK 00.05.4.1745 The sanctions obtained consist of administrative sanctions and criminal sanctions.

I Gede Widhiana Suarda; Ainul Azizah; Ahmad Fahrudin

JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 2023 Pusat Riset dan Inovasi Nasional

Ethnicity, religion, race and intergroup (SARA) are social elements that have an important role in human life, therefore, the freedom of each party must be respected and guaranteed. Religion is an important element of human existence and perhaps the most impressive element that can exert an important influence on the behavior of individuals. Indonesian positive law regulates punishment for perpetrators of religious blasphemy regulated in Article 156a of the Criminal Code. The initial purpose of enacting this article was against the backdrop of the many sects of belief and mysticism teachings that were considered heretical and not in accordance with the religious teachings of the Indonesian people. Article 156a of the Criminal Code is intended to prevent religious teachings from being distorted which are considered as the main teachings by the leaders or religious leaders concerned; and this rule protects religious peace in society and maintains the values of religious teachings that are maintained by the community from insults/humiliations and from teachings not to embrace a religion based on Belief in the One Supreme God.

Ainul Azizah; I Gede Widhianan Suarda; Mardiyono Mardiyono

JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 2023 Pusat Riset dan Inovasi Nasional

Restorative justice or better known as restorative justice in the development of schools of law and punishment in human civilization, where the state returns the ius ponale and ius poniendi mandates to the community within the framework of healing, recovery and recovery. Restorative justice is a concept of thinking that responds to the development of the criminal justice system by focusing on the need to involve actors, communities and victims as a social recovery step in social relations. The principle of restorative justice is one of the principles of law enforcement in resolving cases which can be used as an instrument of recovery and has been implemented by the supreme court in the form of policy implementation (Supreme Court Regulations and Supreme Court Circulars). Restorative justice is considered a model of modern punishment that is more humane than the retributive justice used in the current justice system. One of the applications of this is the termination of the prosecution process by the prosecutor.

Cindhy Atika Rahmawati; Eko Wahyudi

JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 2023 Pusat Riset dan Inovasi Nasional

Elderly prisoners are classified as a special vulnerable group because at that age they have decreased immunity and physical weakness so special treatment is needed. Correctional Institution must be able to fulfill the rights of elderly prisoners while they are serving their sentences. The purpose of this research is to find out the implementation of guidance for elderly prisoners and the obstacles faced by the Surabaya Class 1 Correctional Institution. The type of this study is empirical legal research. The results showed that the guidance for elderly prisoners at the Surabaya Class 1 Correctional Institution has not been running optimally.. This is due to budget constraints from the government, lack of human resources, insufficient infrastructure, the covid-19 pandemic, lack of support from the families of prisoners, and the difficulties of marketing the work products of prisoners. But with these obstacles, various kinds of efforts can be made to handle the problem

Adelia Puspitasari; Eko Wahyudi

JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 2023 Pusat Riset dan Inovasi Nasional

Online transactions know no boundaries, just use a smartphone or computer connected to the internet so that everyone can search and find what they want. Electronic transactions involving Notaries can be seen in the elucidation section of Article 15 paragraph (3) of Law Number 2 of 2014 concerning the Position of Notary, Notaries have the authority to certify transactions conducted electronically. Cyber Notary has the main function of certifying and authenticating electronic transaction activities. Cyber notary is the concept of utilizing technological developments used by Notaries in carrying out their duties and authorities, such as document digitization, electronic signing of deeds etc. Even though it is stated in the Elucidation of the Notary Office Law, there is still confusion in meaning, a question arises that needs to be studied from this problem, namely how the implementation of electronic transaction certification is carried out by a Notary.    

Khusniatul Amallia; Yana Indawati

JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 2023 Pusat Riset dan Inovasi Nasional

Gambling games are a crime regulated in article 303 bis of the Criminal Code. Gambling games are often used as a livelihood. Gamblers often make this a livelihood because the lures that are given from gambling games look profitable with only a little money. But this is of course just a ruse so that someone is interested in participating in gambling. Article 303 bis of the Criminal Code has regulated the crime of gambling as a means of livelihood. The Pasuruan City Police Resort is trying to enforce the law on gambling crimes that occurred in Pasuruan City. Along with the development of the era, there are more and more types of gambling crimes. Judging from its history, criminal acts of gambling will always exist and some of the people playing gambling is a customary habit that does not need to be eliminated or even reported to the Police. This of course makes the role of the Police indispensable in informing the public that this gambling game is a crime that needs to be enforced.

Andi Ines Audryana Bachtiar; Yana Indawati

JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 2023 Pusat Riset dan Inovasi Nasional

Human trafficking is an organized crime that violates human rights relating to freedom, security and has the potential to use acts of violence against victims. This research uses empirical juridical research methods by examining a phenomenon that occurs in society associated with the applicable laws. The research was conducted to find out the law enforcement against the crime of trafficking in persons, the obstacles in the implementation of law enforcement, and how the police efforts as law enforcers who act to handle obstacles at the level of investigation and investigation. The results showed that law enforcement of trafficking in persons was dominated by trafficking in persons with sexual utilization and trafficking in Indonesian migrant workers. Case handling begins with a public report then submitted to the unit handling human trafficking cases for a series of investigations, investigations, and submission of files to the prosecutor's office. There are different methods in handling cases tailored to the needs of cases of trafficking in persons with sexual exploitation or exploitation and migrant workers. Based on the research, it is known that investigators find various obstacles caused by internal factors or the investigation process itself and external factors or from the community. Law enforcement is carried out with the aim of restoring the law itself so that evaluation is needed so that the handling of human trafficking crimes runs effectively.

Atha Raihan Azayaka; Eko Wahyudi

JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 2023 Pusat Riset dan Inovasi Nasional

This research was conducted with the aim of knowing legal protection for consumers for skincare products without a marketing authorization that are sold online. This study uses normative juridical research methods, namely using data collection techniques through library research or using secondary data. Among them are official documents, books, research results, in the form of reports. In this study, it was concluded that consumers who have experienced losses as a result of skincare products without marketing authorization can take legal action through the courts or outside the courts. However, this legal protection is still underutilized by consumers in the event of a problem, so that the UUPK becomes less effective, because compensation is given within seven days after the transaction. If this provision is maintained, it will be difficult for consumers who experience losses to obtain protection. This is because the negative effects of using skincare can occur after seven days.

Claressia Sirikiet Wibisono; Anajeng Esri Edhi Mahanani

JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 2023 Pusat Riset dan Inovasi Nasional

The widespread use of social media among the public has created a new need, namely the urgency to create space for conducting business activities, causing the platform to turn into a place for communication, interaction, as well as a trading space. These changes bring various impacts, one of which is the formation of new types of crime in cyberspace. Fraud in electronic transactions via social media (Twitter) is a crime that targets the internet, computers and related technology as its target. Based on the position of the case, the fraud that occurs can be classified as a crime of computer-related fraud or a crime to gain personal gain and/or harm others. The handling of fraud cases can be carried out using the legal basis contained in Law Number 19 of 2016 concerning Information and Electronic Transactions, namely Article 28 paragraph (1) in conjunction with Article 45 paragraph (2). The use of these two articles is based on the principle of lex specialist derogat legi generali. In addition, if examined using a victimological point of view, victims of fraud cases that occur are included in the category of participating victims where the tendency of victims to be unaware of their attitudes/behaviors in certain circumstances is a reason for someone to act. commit crimes against them. The research method used to answer these problems is normative legal research with a case study approach in the form of legal behavior products.    

Siti Nur Haliza; Zainudin Hasan; Shefa Rindya Yazhalina; Mela Yasa

JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 2023 Pusat Riset dan Inovasi Nasional

In the current situation, the increase in murder cases is of great concern, especially with the development of technology, it also affects the ease of disseminating information which is then misused to track the location of the victim and suppress the victim with threats - threats that are not good related to the victim's purpose, namely to find out how the role of investigators to uncover murder cases that lose evidence and to find out the inhibiting factors of police investigators in carrying out the investigation process against the crime of murder. The research method used is normative legal research. The legal materials used are sourced from the literature. The types of legal materials used are primary, secondary, and tertiary legal materials. The technique of collecting legal materials is by document study. Analysis of legal materials using interpretation or interpretation. The results of the study indicate that the Criminal Acts of Murder and Removing Goods have been regulated in Article 338 of the Criminal Code that anyone who deliberately takes the life of another person, shall be punished for murder with a maximum imprisonment of 15 years, and Article 221 paragraph 1 number 2 of the Criminal Code, anyone who commits an act of covering up the criminal act committed, by destroying, removing and hiding evidence and evidence shall be punished with a maximum imprisonment of four years.

Zainudin Hasan; Alika Firly; Adelia Putri Utami; Diah Eka Sari

JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 2023 Pusat Riset dan Inovasi Nasional

Domestic violence violates women's human rights. The form of violence that occurs in women is physical violence including assault, beating, and actions that physically injure the victim. Meanwhile, non-physical violence is an act that is detrimental to the victim from a psychological perspective, such as threats, insults, neglect and forms of violence that result in psychological disorders of the victim. In disclosing the existence of criminal acts of violence is the most difficult part for the authorities, because there are perspectives and risks that arise as a result of reports of acts of violence experienced by women. Women have the right to complain about illegal acts and receive protection under Law no. 23 of 2004 concerning the Elimination of Domestic Violence (UU PKDRT), which allows for the settlement of cases of violence against women through the courts.

Aulia Puspa Andari; Priscilla Regina Pramesti Wibawa; Sumriyah Sumriyah

JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 2023 Pusat Riset dan Inovasi Nasional

The Holding Company is part of the company, the Holding Company Philosophy which was originally to create added value, efficiency and strengthen the supply chain has now become a business innovation for the company's development in Indonesia. Because the Holding Company is part of the Company, the highest position in the company is the GMS. The position of the GMS in the holding company has the same role as in the company, namely making strategic decisions, overseeing company performance, and maintaining transparency and accountability even though the holding company itself is a holding company which under its control oversees the policies of the subsidiary companies it shelters.

Hardi Fardiansyah; Rio Christiawan; Tuti Widyaningrum

JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 2023 Pusat Riset dan Inovasi Nasional

The lowest echelons of society have been affected by the global spread of the coronavirus epidemic, which has infected people from all walks of life and altered regional lives and cultural practices. In addition to causing a recession in the national economy, this issue has also decreased peoples' purchasing power and ability to withstand the rising cost of living.This study outlines the efforts made by the Bandung Regency government to provide good guarantees for street children through preventive measures, financial education assistance, fostering enthusiasm and shelter supervision, developing regulations and policies, and providing freedom of choice for street children in the medium term through playing, direct support, approaches to tackling social issues, and suggestions for revenue management. the enhancement of human resources, research into the growth of street children, and evaluation of good street child conduct are all attempts to better society.The problem is that because of spiritual issues, many of them try to escape and destroy necessities of life. Despite having a sizable state budget, it is impossible to employ street children in suitable jobs. Additionally, there is still a dearth of assistance and backing from many organizations.

Sugih Ayu Pratitis; Rehulina Rehulina

JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 2023 Pusat Riset dan Inovasi Nasional

. A marriage is an agreement based on personal voluntary agreement between a man and a woman to become husband and wife. In Indonesia, the contract or agreement is called a marriage contract (nuptial agreement or marriage). Pre-nuptial agreement is an agreement made by the prospective bride and groom before the marriage takes place so that it becomes a legal couple. Properly the contract The prenuptial agreement is also binding on both the bride and groom and contains issues of dividing the assets of the two parties or relating to the personal assets of both parties so that they can be separated, if one day there is a separation. An agreement is an event where a person promises to another person or where two people promise each other to do something. When compared to an engagement with an agreement, apart from the agreement being a source of engagement other than the law, the engagement is also an understanding that is still abstract, because the parties are said to carry out something, while the agreement is already a concrete understanding, because the parties are said to carry out something certain events. This research is a type of legal research that uses a normative juridical approach. The implementation of the marriage agreement so that the agreement is valid in the eyes of the law, the agreement must be made authentically before a notary. The prenuptial agreement is made for the benefit of legal protection of each other's innate assets, namely the property of the prospective husband or the property of the prospective wife. By making a Pre-Marriage Agreement, it will provide a sense of security to the prospective husband and wife in carrying out their household ark. Prenuptial agreements are made to confirm assets, rights of husband/wife, obligations of husband/wife and responsibilities of each party.

Prasida Alya Putri

JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 2023 Pusat Riset dan Inovasi Nasional

A wedding is one of the most essential public ceremonies in life. This matters is based on the fact that marriage involves more than simply the bride and husband.; it also involves parents and other families from both sides, as well as some tricky issues. In case with mixed relationships, the issue of the child’s nationality often comes up. Under the old Citizenship Law, which was constructed on the concept of a single nationality, children from mixed marriages were allowed only one nationality; the law dictates that the nationality of the father must be obeyed. This arrangement caused problems down the road of course, the mother would have a hard time finding care for her child if her parents’ marriage broke up. However, considering that Law Number 12 of 2006 concerning Citizenship has been in effect. Mixed-marriage kids have a variety of options. Due to the assurance of their status, they can apply to become citizens of the Republic of Indonesia after they turn 18 or are legally married. When a child turns 18 or marries, they must choose a nationality and they can no longer have dual citizenship.  

Jessica Cornelia Ivanny

JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 2023 Pusat Riset dan Inovasi Nasional

Kualitas demokrasi Indonesia pasca reformasi semakin mengkhawatirkan. Terlihat dari betapa marak praktik destruktif dan eksklusif yang mengisi wahana kontestasi elektoral dan proses demokratisasi di era kontemporer saat ini. Salah satu penyebabnya karena oligarki yang semakin kuat hingga menggagalkan proses reformasi mengonsolidasi demokrasi. Padahal, akselerasi konsolidasi demokrasi merupakan salah satu upaya untuk meningkatkan iklim demokrasi yang sehat dan berkualitas. Untuk itu, tulisan ini akan berusaha menjelaskan: a) penguatan institusionalisasi partai politik sebagai kunci keberhasilan akselerasi konsolidasi demokrasi, dan b) urgensi penguatan institusionalisasi partai politik melalui revisi Undang-Undang Partai Politik. Penelitian dilakukan secara normatif dengan pendekatan perundang-undangan, teoretis atau konseptual, dan perbandingan. Hasil penelitian menemukan bahwa terdapat beberapa kelemahan dalam ketentuan Undang-Undang Partai Politik terkait institusionalisasi partai sehingga DPR harus segera melakukan perbaikan atau revisi terhadap undang-undang tersebut.

Joni Laksito; Agus Wibowo

JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 2023 Pusat Riset dan Inovasi Nasional

Penelitian ini bertujuan untuk mengembangkan alat pembelajaran yang dapat digunakan untuk merevolusi sistem pendidikan tradisional dalam bidang hukum menggunakan pembelajaran simulasi metaverse.  Pembelajaran berbasis simulasi melibatkan pembuatan skenario realistis dalam lingkungan yang aman dan terkendali untuk membantu mahasiswa dalam mengembangkan keterampilan dan pengetahuan yang dapat diterapkan pada situasi dunia nyata, terlebih lagi, lingkungan online yang terbentuk semenjak pandemi covid muncul membuat berbagai institusi pendidikan doipaksa untuk terus berevolusi dalam penggunaan platform digital yang semakin canggih. Penelitian ini menggunakan pendekatan sistematik dan holistik dan dievaluasi lebih lanjut untuk mengalisis dan memberikan saran perubahan pada kurikulum pendidikan tinggi dibidang ilmu hukum sehingga alat yang diusulkan dapat digunakan lebih luas lagi pada berbagai program studi. Hasil penelitian menunjukkan bahwa, terdapat peningkatan pembelajaran mahasiswa lintas kurikulum profesi khususnya bidang hukum terlebih lagi dimasa pandemi covid dengan memanfaatkan ruang virtual yang memiliki suasana dunia nyata, sehingga menjembatani bentuk pembelajaran antara program akademik dan pengembangan profesi berkelanjutan