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Nadia Mahza Prameswari

Proceeding of the International Conference on Law and Human Rights 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Extraordinary crimes such as corruption have a wide impact on the political, economic, and social sectors, so that eradicating them is a top priority for the Indonesian government. The government has established various policies to combat corruption, one of which is through Law No. 31 of 1999 which was amended to Law No. 20 of 2001. However, the implementation of this law has not been optimal, with many corruption cases that have not been handled and inadequate recovery of state financial losses. To overcome this, the government has reformed the criminal law through Law No. 1 of 2023 concerning the Criminal Code (KUHP), which is expected to provide a deterrent effect and recover state losses. This paper analyzes the reform of criminal law related to corruption by comparing the previous Corruption Law with the new Criminal Code. This study uses a normative legal approach method, qualitative descriptive research specifications, literature study data collection methods and qualitative data analysis methods. The results of this study are that the reform of criminal law is expected to increase the effectiveness of corruption eradication, but the new Criminal Code raises concerns. The reduction in the threat of punishment and the elimination of several important articles in the Corruption Law have the potential to reduce the effectiveness of corruption eradication. In addition, the reduction in fines and additional criminal penalties and the inconsistency with the Constitutional Court Decision No. 31/PUU-V/2012 can weaken efforts to eradicate corruption. Thus, legal reform through the new Criminal Code needs to be evaluated to ensure that these steps truly support effective corruption eradication.

Pandega Gama Mahardika

Proceeding of the International Conference on Law and Human Rights 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Doctors have a legal responsibility to ensure that patient medical records are complete and accurate. A legal analysis of the doctor's responsibility for the completeness of patient medical records in order to fulfill patient rights in hospitals is an important study to ensure that patient rights are fulfilled in accordance with the standards set by applicable laws and regulations. A comprehensive analysis of the doctor's responsibility and the importance of complete medical records is expected to create a better health care system that respects and fulfills patient rights optimally. This study uses a normative legal method. The conclusions of this study are: 1) The doctor's legal responsibility for fulfilling the patient's right to obtain complete Medical Records as a form of the patient's right to information in health services. This right is protected and regulated in a number of legal regulations. Fulfillment of the method of obtaining the contents of Medical Records to patients must also pay attention to and follow the procedures as stipulated in the laws and regulations. 2) The legal consequences of the doctor's legal responsibility if they violate the fulfillment of the patient's right to complete Medical Records, including: 1) criminal sanctions, namely imprisonment for a maximum of 1 (one) year and a maximum fine of Rp. 50,000,000.00 (fifty million rupiah) (Article 79 point b of the Medical Practice Law Law No. 29 of 2004), 2) civil sanctions in the form of compensation by the Hospital or the doctor to the patient (Article 1365 of the Civil Code) and 3) administrative sanctions in the form of written warnings and/or recommendations for revocation or revocation of accreditation status. (Minister of Health Regulation 24 of 2022 concerning Medical Records).

Intan Kumala Dewi; Sandra Dewi; Oksep Adhayanto

Konsensus : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi 2024 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

The background to this problem is how the Criminal Law provisions regulate cyberbullying, what are the perpetrators' approaches to carrying out cyberbullying actions, and what factors influence perpetrators to carry out cyberbullying. The aim of this research is to analyze the applicable criminal law provisions related to cyber bullying, evaluate law enforcement against perpetrators of cyber bullying in Indonesia, and identify factors in cyber bullying. The method in this research is normative legal research. This approach is carried out by considering the contents of the ITE law, the analysis of which is carried out in more depth in relation to the problem of studying legal provisions. The result: Even though in the Criminal Code this matter has been formulated into different articles, the offense of insulting in the Criminal Code can be linked to Article 27 paragraph (3) concerning criminal acts of insulting via cyberspace. The approach taken by cyberbullying perpetrators is as follows: Instincts of cyberbullying perpetrators, First informant, one of the cyberbullying perpetrators, Cyberbullying perpetrators' actions through drive theory. Cyberbullying behavior is influenced by external and internal factors, including parental involvement, the school environment, as well as provocation and support. However, the main problem underlying cyberbullying is the perpetrator's sense of arrogance and superiority. Many cases of cyberbullying occur because the perpetrator feels more powerful and above other people. This can happen because social media is used unwisely, so they feel they can carry out inappropriate actions anonymously. Cyberbullying has a very bad impact on the mental and emotional health of victims. Therefore, there needs to be better awareness and education regarding the wise and responsible use of social media. Apart from that, there is also a need for strict supervision and action against perpetrators of cyberbullying. In this way, it is hoped that cases of cyberbullying can be reduced and society can use technology positively and have a good impact on life and social interactions.

Lingga Adi Dharma; Ifahda Pratama Hapsari; Hardian Iskandar

Jurnal Ilmu Pendidikan, Politik dan Sosial Indonesia 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Santet is generally difficult to understand or understand its meaning, as a supernatural belief phenomenon involving the use of magic or black magic, has become part of local culture in Indonesia. Santet, from some opinions, can also cause someone to become a victim due to the misuse of witchcraft which is used as a medium to cause harm, illness, or even death, including criminal acts. This article focuses on an analysis of the criminalization of witchcraft as a criminal act. Through an exploration of the existing legal basis, this research seeks to provide a deeper understanding of how criminal law can be applied in order to suppress an act of witchcraft practice that harms the community. This research provides a clear picture of the role of criminal law in dealing with the phenomenon of witchcraft, although challenges related to belief, culture, and the unclear definition of the practice remain complex. Thus, this article is intended to provide a basis for further discussion regarding the criminal analysis of witchcraft as a criminal offense, with the aim of creating fair law enforcement and protecting the public from the negative impact of supernatural practices.

Kuras Purba; Sari Mandina; Andyna Susilawati

Akuntansi Pajak dan Kebijakan Ekonomi Digital 2024 Asosiasi Riset Ekonomi dan Akuntansi Indonesia

This study discusses the State-Owned Enterprises (BUMN) as a legal entity established by the state to manage natural resources and strategic business branches not controlled by private individuals with the main goal of pursuing profits from state assets separated from the State Budget. As a legal entity, BUMN has assets because BUMN is a legal subject in both civil and criminal law, thereby having rights and obligations like any other natural person. The purpose of this research is to know the legal basis for regulating BUMN/State Assets and whether BUMN assets have legitimacy as collateral for foreign debt guarantees. This research uses a normative legal approach with a problem-solving approach using Conceptual approach, Statute approach, and Case approach. The legal materials used are the 1945 Indonesian Constitution, the Criminal Code, Law No. 16 of 2004 on BUMN, Law No. 1 of 2004 on State Treasury, and Law No. 17 of 2003 on State Finance."

Denise Asha Aliqa; Syahbila Amanda Putri Rangkuti; Kevin Pasha Putra Pratama; Mohammad Dzaki Rabbani

Deposisi: Jurnal Publikasi Ilmu Hukum 2024 International Forum of Researchers and Lecturers

a case of fraud using a blank check committed by a businessman in Tanjungpinang, Riau Islands. This research aims to analyze the criminal act of fraud committed by the businessman in the sale and purchase of heavy equipment and the legal consequences that can be imposed. The research method used is a qualitative method with a case study approach, through analysis of news published by Kompas.com. The results showed that a businessman named Hendy (33) was suspected of having committed a criminal act of fraud and/or embezzlement in a heavy equipment purchase transaction using a blank check. Hendy is alleged to have deceived the victim by giving a check that did not have sufficient funds in the account. Hendy's actions can be subject to articles related to criminal acts of fraud and / or embezzlement in the Criminal Code (KUHP). In addition, Hendy is also potentially subject to civil sanctions due to his actions that harm other parties. This article concludes that the practice of fraud using blank checks in business transactions, especially the sale and purchase of heavy equipment, is a criminal offense that must be dealt with firmly by law enforcement officials to provide a deterrent effect and ensure legal certainty for business actors.

Ongku Sapna Fella Hasibuan; Yasmirah Mandasari Saragih; Sumarno Sumarno; M. Yusuf Afandi; Efraim Abigail Bukit

International Journal of Sociology and Law 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

One of the gambling cases that was decided through the Medan District Court was the fish shooting gambling case, decision number 2452/Pid.B/2021/PN Mdn.Currently, many fish shooting games are found as gambling games in the community. The consequences of shooting fish gambling bring things that are not good financially and disrupt people's mindsets. The formulation of the problem that is made is How are the Sanctions in the Crime of Gambling Fish Shooting Game in the Medan District Court?, How is the Review of Criminal Law Against the Crime of Gambling Fish Shooting Game? This research uses normative research methods in the form of primary and secondary data sources which are then analyzed using descriptive analysis techniques with a deductive mindset. The results of the research are first, the decision of the District Court number 2452/Pid.B/2021/PN Mdn regarding the crime of gambling fish shooting agility games based on Article 303 Bis paragraph (1) 1 of the Criminal Code, which is to impose a prison sentence of 1 (one) year. ) year. Followed by the testimony of witnesses, defendants, evidence and considering things that are aggravating and mitigating for the defendant when determining the sentence of criminal sanctions.    

Latifatul Mufidah Amalia; Aufa Mufidah Rahman

Jurnal Ilmu Hukum Sosial dan Humaniora 2024 Lembaga Pengembangan Kinerja Dosen

This research discusses the comparison of sanctions for liability for the crime of rape between the Indonesian Criminal Code and Singapore's Penal Code 1871. In the Indonesian Criminal Code, rape is regulated in Article 473, while in the Singapore Penal Code, rape is regulated in Article 375. This research uses normative analysis and comparative analysis methods. The results of the research show that there are differences in sanctions for responsibility for the crime of rape between the Indonesian Criminal Code and the Singapore Penal Code. The Indonesian Criminal Code regulates criminal sanctions in the form of imprisonment for a maximum of 12 years and a maximum of 15 years if rape of a child or serious injury results, while the Singapore Penal Code regulates prison sanctions of 8 years to 20 years plus a minimum caning sentence of 12 lashes. This research also shows that there are differences in the definition of rape between the Indonesian Criminal Code and the Singapore Penal Code.

Dastin Darmawan; Nur Ain Saputri; Muhammad Irwandi; Yesyka Yesyka

Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This journal discusses the application of the principle of legality in criminal law, especially in the crime of theft. The principle of legality is an important principle in criminal law, which states that no act can be punished except on the basis of pre-existing statutory regulations. This journal explains several important implications of the principle of legality, namely: 1) protecting individuals from abuse of power by authorities; 2) demand clear and definite provisions in the criminal law; and 3) guarantee the application of criminal law prospectively, meaning that criminal law cannot be applied retroactively. Furthermore, this journal also discusses developments in regulating the principle of legality in the Draft Law on the Criminal Code (RUU KUHP) which is currently being discussed in the DPR.  

Santana Suryapringgana; Tajul Arifin

Jurnal Insan Pendidikan dan Sosial Humaniora 2024 International Forum of Researchers and Lecturers

It can be understood that vandalism is an anarchist act which is also can be equated with graffiti, desecration and even destruction of public facilities. In general, this is done by young people who are looking for their identity and existence in their lives, but it cannot be denied that vandalism is carried out by many groups for different reasons. In this article, which uses descriptive qualitative research methods, we will examine Vandalism in more depth and relate it to Article 406 paragraph (1) of the Criminal Code and the Islamic perspective. In the purpose of being able to understand Vandalism which is studied and examined with related regulations and prohibitions as well as the perspective of Islamic law. This research found information that vandalism can be prosecuted and sanctioned in accordance with Article 406 paragraph (1) of the Criminal Code, as well as an Islamic perspective.

Amiratul Aulia Hanifah; Syarah Zafira Keisua; Annisa Kharen Pricilla; Sherlytta Ananova; Ahmad Feisal Abi Hanif +3 more

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2024 STAI YPIQ BAUBAU, SULAWESI TENGGARA

J.E. Sahetapy argued that crime is a product of culture, evolving to become more modern and complex. Children, as future leaders, require guaranteed rights and protection as regulated in Indonesia's laws, including the Criminal Code and the Child Protection Law. However, violations like sexual violence by those closest to them, such as parents, persist. This research examines cases of sexual violence against children by biological parents, focusing on Supreme Court decisions. Using normative juridical methods and a statutory approach, the study analyzes the legal aspects of these cases. Findings reveal that despite evidence, defendants were acquitted due to the judge's doubts about witness statements and existing evidence, applying the in dubio pro reo principle. This decision has sparked debate for potentially setting a harmful precedent and hindering child protection enforcement. The study underscores the need for more responsive and appropriate legal implementation to achieve justice and optimal protection for child victims of sexual violence.

Muhammad Satria Akbar; Tajul Arifin

Deposisi: Jurnal Publikasi Ilmu Hukum 2024 International Forum of Researchers and Lecturers

, This research presents opinions on the theme of fraud in buying and selling based on an Islamic perspective and Indonesian positive law, with a focus on Article 493 of the Criminal Code (KUHP). In the Islamic context, honesty and fairness in buying and selling transactions are highly emphasized as an integral part of religious values. On the other hand, Article 493 of the Criminal Code regulates criminal acts of fraud in buying and selling transactions in Indonesia, providing a legal basis for handling cases of fraud in trading activities. A comparative analysis between Islamic views and Indonesian positive law towards fraud in buying and selling reveals similarities and differences in approach and implementation. The implications of these two perspectives are also discussed in the context of legal practice in society.  

Shirena Putri Brilianty; Abraham Ferry Rosando

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2024 Lembaga Pengembangan Kinerja Dosen

According to the state, all constructs of crime, especially domestic crime, are included with human rights violations, crimes against human dignity and discriminatory practices. Domestic crime, usually abbreviated as domestic violence, is a phenomenon that often occurs in or around the family. The majority of domestic violence is experienced by women or children because there are many aspects of life that are less or even unfair to them, thus providing opportunities for crimes against them. Physical abuse or violence, exploitation, neglect, and sexual abuse by spouses, children, or household staff are just some of the many forms of domestic crimes that can occur. In real life, there are many documented and unusual instances of domestic abuse. The purpose of this research is to determine and assess the impact of withdrawing a domestic violence report on the legal standing of the perpetrator. To examine the ambiguous standards surrounding the revocation of domestic crime reports, this research was written using normative legal research techniques with a statutory approach. The research findings show that, in accordance with Article 44 of Law Number 23 Year 2004 on the Elimination of Domestic Violence, husbands who commit violence against their spouses can be subject to sanctions. Domestic crimes are included in the relative complaint offense but are only covered in Articles 51 and 52, which basically do not make it painful or difficult for someone to carry out daily activities or hold a job or other position. Shortly after the perpetrator was named as a suspect in this domestic violence case, the victim withdrew the domestic violence report. As a result, the revocation of this report has legal consequences with the issuance of a Letter of Termination of Investigation in accordance with Article 75 of the Criminal Code.  

Lisa Lamusul Afiyah; Sigit Irianto

Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Teledentistry is a relatively new combination of telecommunications technology and dental care. It has its roots in telemedicine, which involves the use of communications and information technology to provide health services across geographic distances. Teledentistry faces several challenges, including limited internet access and inadequate infrastructure in remote areas, concerns about the confidentiality of electronic medical records, and incomplete regulations regarding teledentistry in the current law. The problems raised in this research are the obstacles faced by teledentistry practitioners in Indonesia, including factors that hinder their ability to manage medical risks and legal protection for teledentistry practitioners who face medical risks such as drug allergies. Legal protection for dentists in the field of teledentistry when facing medical risks, such as allergies to electronically prescribed medications. Dentists must obtain legal guarantees and certainty in providing health services to their patients. The conclusion of this study is that in teledentistry consultation services, medical risks such as drug allergies, which are unpredictable reactions of the patient's body, cannot be predicted. Medical risk is not a form of medical malpractice. Because, in medical risks, one of the elements in articles 338 and 359 of the Criminal Code cannot be fulfilled, namely the element of negligence.

Aji Nugraha; Tajul Arifin

Jurnal Ilmu Hukum Sosial dan Humaniora 2024 Lembaga Pengembangan Kinerja Dosen

This research elucidates the relationship between adultery (zina), Article 284 of the Criminal Code (KUHP), Islamic law, and the teachings of Hadith. Adultery, as a sexual act outside of lawful marriage, is deemed a serious transgression against moral and ethical values within society. Article 284 of the KUHP reinforces the prohibition of adultery and provides a legal framework for its enforcement. Conversely, Islamic law and Hadith teachings offer a strong moral and spiritual perspective on adultery, affirming its strict prohibition and serious consequences for perpetrators. This study also discusses practical measures to avoid adultery and the importance of a holistic approach in addressing this issue within society

AzZahra, Naila Syafa; Arifin, Tajul

RISOMA : Jurnal Riset Sosial Humaniora dan Pendidikan 2024 Asosiasi Ilmuwan Pendidikan, Sosial, dan Humaniora Indonesia

Article 244 of the latest Indonesian Criminal Code (KUHP) prohibits racial and ethnic discrimination. However, its implementation is still subject to debate. This research aims to analyze the hadith perspective on Article 244 of the new Criminal Code regarding racial and ethnic discrimination. This research uses qualitative methods with a text analysis approach. Information is collected from hadith books and other related literature. Information is analyzed using deductive and inductive methods. The research results show that the hadith has a perspective that is in line with Article 244 of the new Criminal Code regarding racial and ethnic discrimination. These hadiths teach that all humans are equal before Allah SWT, and there should be no discrimination based on race or ethnicity. This research recommends that the new interpretation of Article 244 of the Criminal Code considers the hadith perspective. This is important to ensure that the application of this article does not violate the principles of justice and equality.

mayang, Dewi; Arifin, Tajul

Jurnal Hukum, Politik dan Humaniora 2024 Lembaga Pengembangan Kinerja Dosen

This research will discuss the legal analysis of article 338 of the Criminal Code relating to murder, as well as the legal perspective provided by the hadith from Samurah Radhiyallahu'anhu. Article 338 of the Criminal Code is a criminal law provision in Indonesia which regulates murder. In this context, an analysis will be carried out on the legal implications of the article, both in its application and interpretation. Apart from that, this abstract will also discuss the perspective of Islamic law regarding murder based on hadith from Samurah Radhiyallahu'anhu. Hadith is the second source of law in Islam after the Koran and is often a guide in interpreting various legal issues. By analyzing this hadith, we will consider how Islamic law views the act of murder and the factors that influence it. Through this approach, this abstract will present a comprehensive understanding of murder in the context of Indonesian positive law and Islamic law. By considering legal perspectives from these two different sources, it is hoped that we can provide a broader and deeper view of the issue of murder in the legal realm..

Maharani, Siti; Arifin, Tajul

Jurnal Hukum, Politik dan Humaniora 2024 Lembaga Pengembangan Kinerja Dosen

Extramarital affairs are becoming an increasingly prevalent social phenomenon in the modern era. This research aims to examine the understanding and definition of extramarital affairs in Islam, the concept of extramarital affairs based on Hadith Abu Dawood No. 1692, the sanctions and punishments for the perpetrators, preventive measures for extramarital affairs from an Islamic legal perspective, and its correlation with the provisions of adultery in the Criminal Code of Indonesia (KUHP) Article 284. A qualitative method with a text and content analysis approach is used to conduct this research, as well as a literature study. The research results show that extramarital affairs in Islam are categorized as a major sin that has the potential to damage the harmony of families and society. Hadith Abu Dawood No. 1692 emphasizes the prohibition of extramarital affairs and provides an overview of the sanctions for the perpetrators. Preventive measures for extramarital affairs in Islam include fostering faith and morality, strengthening families, and providing sexual education. The Criminal Code of Indonesia (KUHP) Article 284 regulates adultery with criminal sanctions, but its relevance as a sanction for perpetrators of extramarital affairs still needs to be studied further. This research concludes that Islamic law plays an important role in preventing and addressing extramarital affairs, and its integration with positive law needs to be considered to realize justice and the common good.

Devi Vanessa Armi Putri; Khanza Aoera Dievana

Jurnal Hukum dan Sosial Politik 2024 International Forum of Researchers and Lecturers

The purpose of this article is to examine the criminal hoax law in Indonesia and the gaps in the state’s efforts to combat criminal hoaxes. Hoax news refers and points to a situation that is currently being discussed, the more people are triggered, the more aggressively the news is spread. In order to overcome the problem of cybercrime that is growing rapidly in Indonesia, the government made a legislation that specifically regulates cyberlaw which is realized in Law Number 11 of 2008 concerning Electronic Information and Transactions Law. “Law No. 11 of 2008”  is one of the efforts to overcome cybercrime juridically and emperically, even though “ Law No. 11 of 2008” does not only discuss the issue of obscene or pornographic sites, buat also regulates the rules of electronic transactions which are the legal umbrella in cyberlaw rules in Indonesia. The conclusion of this research is thatm normatively, hoaxes are different from criticism and the restrictions on hoaxes in the Criminal Code and ITE Law are explicit. Since criticism is an important component of democratic life, ending democracy also means ending the practice of criticsm. The political aspects that control the structure of the Indonesian state make it difficult for the law to operate in an orderly fashion, which presents challenges for law enforcement agencies trying to combat the crime of hoaxes.

Helfida Augestira; Merline Eva Lyanthi

Jurnal Ilmu Hukum Sosial dan Humaniora 2024 Lembaga Pengembangan Kinerja Dosen

Online gaming has grown in popularity due to the development of communications and IT. One of the most common payment methods is the use of shared account services. This research has been conducted in provisions used by dissatisfied buyers, as well as the extent to which contracts for the sale and purchase of shared accounts in online games are legal. Payment is most commonly used in shared account services. This paper explores what legal protections exist for dissatisfied buyers of shared accounts on the internet and which sales contracts apply. Legislative analysis is the research methodology. The research data was obtained by studying legal documents and literature. The study shows that if sales contract a joint account in online games meets the legal requirements of Article 1320 of the Civil Code (KUHPerdata), it is theoretically valid. However, a few potential legal problems, such fraud, theft, and default, can surface. Customers should therefore use caution and pick a trustworthy joint account provider before making any online purchases. Buyers who are offended have access to criminal and civil dispute resolution processes.