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Ksatria Anantiar Putra; Bima Aditya Ramadhan; Anak Agung Ngurah Bayu Adhi Perdana; Fadlan Razak; Abid Triasa +1 more

Jurnal Hukum, Politik dan Humaniora 2024 Lembaga Pengembangan Kinerja Dosen

A witness is a person who can provide information for the purposes of investigation, prosecution and justice regarding a criminal case that he himself heard, saw for himself and experienced for himself. The rules regarding the procedures for how a person can be presented as a defendant and then whether he will then be sentenced or not are regulated in a series of writings called the Criminal Procedure Law. In handing down a criminal decision, according to article 183 of the Criminal Procedure Code, a judge may not impose a crime on someone unless there are at least two pieces of evidence. One of the pieces of evidence that can be used by a judge is witness testimony. Children can be witnesses in a criminal trial. However, the validity of children's testimony is often still in doubt and further investigation is needed regarding the validity of children as witnesses in court. In Indonesia itself, the definition of child is regulated in various statutory regulations, including Law Number 23 of 2002 concerning Child Protection. A child is defined as someone who is not yet 18 (eighteen) years old, including children who are still in the womb. This article will explain more specifically the involvement of children as children in conflict with the law in the case of children who are witnesses to criminal acts, the position of children as witnesses in criminal trials, and the strength of the evidence of child witnesses' statements in criminal trials.

Maria Fatmawati F Taimenas; Simplexius Asa; A. Resopijani

Jurnal Hukum, Politik dan Humaniora 2024 Lembaga Pengembangan Kinerja Dosen

Confinement still often occurs until now, especially to people with mental disorders (ODGJ), but ODGJ have the same rights as normal people in general. Some of their rights are the right to be free from torture or cruel treatment, free from exploitation and free from violence. Therefore, the act of shackling is not in accordance with our positive law. The main problems of this research are: (1) How is the juridical review of sanctions against perpetrators of shackling people with mental disorders (ODGJ)? (2) How is the ideal arrangement related to legal protection of victims of shackling people with mental disorders (ODGJ)? This research is a normative research using library research techniques and the results of this research are analyzed qualitatively.This research found several things: (1) The juridical review of the provisions of criminal sanctions for perpetrators of shackling people with mental disorders (ODGJ) has not been regulated in detail in Law Number 18/2014 on Mental Health. However, it is related to Article 333 of the Criminal Code on Deprivation of Independence, where individuals who act to confine or perpetrators of shackling can be subject to criminal sanctions in the form of 8 years imprisonment with the element of intentionally depriving someone of their freedom or acting unlawfully, a maximum of 9 years imprisonment if the action causes serious injury, and 12 years imprisonment if the victim dies. (2) The ideal arrangement related to the legal protection of victims of ODGJ confinement has been regulated in Law Number 18 Year 2014 on Mental Health which ensures that everyone has a high quality of life, mental health, free from stress, and other conditions that exacerbate mental problems. In Article 4 paragraph 1 of the Mental Health Law, legal protection of ODGJ as victims of confinement in stocks is carried out through several actions, namely: promotive, preventive, curative and rehabilitative.

Aida Jihannisa Haidar; Zakia Sofi Salsa Bela Laili

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

The recognition of electronic evidence as evidence that can be submitted to court and recognized as valid evidence has been carried out since 1977 through the Company Documents Law which stipulates that microfilm containing recorded documents of a company can be submitted as evidence in court if it arises in the future. lawsuit. According to the Company Documents Law, electronic document evidence is part of documentary evidence, whereas the Corruption Law clearly explains that electronic information and electronic documents are an extension of documentary evidence. Because electronic mail in the form of electronic information or electronic documents has been recognized as one of the valid pieces of evidence in special crimes outside the Criminal Code, in line with the legal evidence in Article 184 of the Criminal Procedure Code which is a new type of evidence, it is hoped that investigators, public prosecutors, advisors The law and judges have an understanding of this electronic evidence. In examining criminal cases, it is hoped that the judge will impose a sentence based on two valid pieces of evidence and the judge will be convinced that the defendant is guilty of committing a criminal act, then the judge must impose the maximum sentence according to the prosecutor's demands, so that the defendant will be deterred and the public's sense of justice will be fulfilled.  

Syifah Aziza Ismail; Lisnawaty W. Badu; Julisa Aprilia Kaluku

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

This research aims to analyze the Decision of the Limboto District Court Number: 115/PID.sus/2022/PN.LBO concerning the Crime of Rape. This research is normative research with a statutory approach and a case approach, which is analyzed descriptively. The research results show that Decision Number 115/Pid.Sus/2022/Pn.Lbo is viewed from the aspect of certainty, namely, the decision does not reflect the principle of legal certainty. Considering that Article 81 (Paragraph 3) imposed in the indictment and verdict carries a penalty of 15 years in prison plus 1/3, the defendant should be subject to a sanction of 20 years in prison. Meanwhile, the prosecutor demanded 14 years, which the judge then reduced by giving a sanction of only 11 years in prison. Discussing the element of certainty is not just a moral demand, but factually it characterizes actual law and is based on the constitution, namely Article 1 Paragraph 3 of the 1945 Constitution of the Republic of Indonesia, where Indonesia is a rule of law state. Apart from that, the principle of legal certainty is said to have not been fulfilled, because the judge in giving his decision was not guided by Article 64 paragraph (1) of the Criminal Code. Furthermore, laws are essentially made and must not give rise to doubt, so as not to conflict with the objectives of the norm itself. Legal certainty refers to the consistent application of law where its implementation cannot be influenced by subjective circumstances.

Khoilul Ahmad Jidan; Riska Andi Fitriono

Jurnal Ilmu Hukum Sosial dan Humaniora 2024 Lembaga Pengembangan Kinerja Dosen

Internet gambling crimes in Indonesia are increasing from year to year. This phenomenon is a bad thing for the Indonesian people. Therefore, the author conducted research which aims to find out how criminal law tackles internet gambling in Indonesia. By using normative research methods. In this legal research, the author uses primary legal materials and secondary legal materials obtained through literature studies that are appropriate to the topic of discussion that the author has taken. Based on the research results, it can be concluded that internet gambling regulations in Indonesia are regulated in Article 27 Paragraph (2) and the threats are regulated in Article 45 Paragraph (3) of the ITE Law. However, the regulations in this article do not clearly regulate witnesses for internet gaming players. This law only contains services used to carry out internet gambling. Law No. 1 of 2023 concerning the Criminal Code can be a solution to overcome the weak response to internet gambling crimes in Indonesia because acts committed digitally have been accommodated in this law.

T. Riza Zarzani; Ismaidar Ismaidar; Welli Nirpa Pasaribu

IJLS (International Journal of Law and Society) 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Indonesia is known as the largest archipelagic country in the world and is recognized as having a maritime territorial area that is almost equal to its land area. Indonesia's territorial waters contain abundant potential fishery resources and marine diversity, making it known as a maritime country. Illegal fishing is an activity or fishing activity that is contrary to a country's laws or international regulations, where the majority of perpetrators are corporations. Illegal fishing practices have a tremendous impact on marine sustainability, causing huge losses to the country. The occurrence of illegal fishing is caused by weak law enforcement and supervision in Indonesian waters and the authorities' indecisiveness in handling illegal fishing perpetrators. Understanding illegal fishing and crimes committed by corporations should be a strong basis for every legal practitioner to process and impose appropriate and correct sanctions on every perpetrator of illegal fishing or corporate crime perpetrators. The method used in this research is a normative legal research method sourced from primary data, namely the Criminal Code (KUHP), Law Number 45 of 2009 in conjunction with Law Number 31 of 2004 concerning Fisheries, Law of the Republic of Indonesia Number 32 of 2009 concerning Environmental Protection and Management (UUPPLH), secondary data and tertiary data based on regulations relating to fisheries and corporate crimes. The data collection method is qualitative descriptive analysis with literature study using a statute approach. This research aims to determine the factors that cause the crime of illegal fishing in Indonesia, the legal responsibility of corporations related to the crime of illegal fishing in Indonesia and the efforts made to prevent or eradicate the occurrence of criminal acts. illegal fishing in Indonesia.

Maya Sri Novita

Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The development of information technology has encouraged the rapid growth of online buying and selling (e-commerce) activities. However, along with the increase in digital transactions, fraud in e-commerce is increasingly prevalent. This research aims to examine the importance of legal protection for victims of fraud in online transactions and examine the effectiveness of applicable laws and regulations in providing justice and legal certainty. The research method used is a normative juridical approach with an analysis of laws and regulations, legal literature, and case studies. The results of the study show that despite the existence of legal instruments such as the Criminal Code, the ITE Law, and the Consumer Protection Law, the implementation of protection for victims still faces various obstacles, such as the difficulty of tracking perpetrators and weak law enforcement. Therefore, it is necessary to strengthen regulations, increase public legal literacy, and optimize the role of law enforcement officials in providing maximum protection to victims of fraud in e-commerce. This research recommends synergy between regulation, technology, and education as an effective legal protection solution in the digital era.

Samantha Mutiara Basoeki; Simplexius Asa; A. Resopijani

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2024 International Forum of Researchers and Lecturers

This study aims to determine the implementation in electronic trials, to determine the impact of technical and substantive constraints on the quality and fairness of electronic trials, to find out whether electronic trials can uphold material truth in special criminal cases of child molestation. In data collection, the authors used interviews and informants. For data analysis techniques, the author uses qualitative descriptive analysis, which in this study uses the results of interviews with six (6) informants. From the results of the study, it can be said that the implementation of electronic trials according to PERMA No. 4 of 2020 in child molestation cases is no different from child molestation trials as usual, the trial procedures are the same as those contained in the Criminal Procedure Code which are different only the location of the parties concerned. The technical obstacles faced are communication network disruption, lack of infrastructure; and lack of human resources Substantive obstacles faced in electronic trials are: relatively closed trials; difficulty of proof; and the judge's difficulty in using the judge's conviction. The impact of technical and substantive constraints is that electronic trials become longer and judges cannot be sure that the evidence presented is legitimately seized. Electronic trials can uphold material truth as the Code of Criminal Procedure was created with the aim of obtaining material truth.

Mericiana Yulita Fin Tae; Alexander Reynaldi Koli; Dwityas Witarti Rabawati

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2024 International Forum of Researchers and Lecturers

The prosecutor as the trial supervisor (Dominus Litis) has a central position in legal protection, because according to the Criminal Procedure Code, only the prosecutor can decide whether a case can be brought to court or not. The prosecutor's space for movement is controlled by a rule that binds the profession, namely the Code of Ethics. Integrity is one of the important things in the contents of the Prosecutor's professional code of ethics. Where a prosecutor needs to have consistency and firmness in upholding noble values ​​and beliefs. Because honest law enforcers will gain trust.  

Merry Dwi Handayani; Qoyyimil Jamilah; Aulia Hanifah; Nur Aini Rakhmawati

Router : Jurnal Teknik Informatika dan Terapan 2024 Asosiasi Profesi Telekomunikasi dan Informatika Indonesia

The rapid and modern development of technology has created an increasing need for adequate software, but sometimes the cost of software is often a problem for some individuals and companies who want to use it. Software piracy has become a common problem in society, which is detrimental to copyright holders and threatens the security of user data. This research analyzes publications on software piracy and its impact on Indonesian law from 2019 to 2024. The method used in this research is bibliometric analysis by collecting data through Google Scholar. The results show five main clusters covering legal aspects and internet technology.  Through this analysis, it was found that the close relationship between software piracy and Law No. 11 of 2008 on Electronic Information and Transactions, Constitution No. 28 of 2014 on Copyright, Law No. 1 of 2023 on the criminal code, and Law No. 1 of 2024 on the second amendment to Law No. 11 of 2008 on Electronic Information and Transactions are very relevant in dealing with this problem. However, further analysis is needed to understand their practical implementation and effectiveness in addressing software piracy. This research shows the potential for further research in software piracy based on keywords that are rarely used in previous studies.

Isti Puspitasari; Irwan Triadi

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

A number of studies related to the politics of criminal law in the Dfrat wetboek van straf recht (RKUHP) have increasingly tightened the state's grip on matters that de facto can be resolved by other types of law such as religion, decency and manners that already exist in society. At that point, efforts to think about the objectives of environmental and natural resource crimes in the RKUHP feel increasingly complicated to think about because this draft seems to be complicated and between various things, can consist of understandings, concepts, paradigms, which are related to and conflict with each other. another. This article uses normative legal research, the author obtains data from library materials which are usually called secondary data, which includes primary, secondary and tertiary legal materials. The author then studies and explores these legal materials and quotes theories or concepts from a number of literature, including books, journals, papers, newspapers or other written works related to the problem under study. This article explains that the position of the RKUHP regarding laws in the field of environment and natural resources is not yet clear, because the RKUHP does not expressly state its position regarding other laws. UU no. 10 of 2004 concerning the Preparation of Legislative Regulations also does not help provide answers because it does not recognize the general and specific designations or categories of laws as well as the requirements to fulfill these categories and this RKUHP is only able to absorb the criminal articles of each law. sectoral law, apart from other parts contained in the law. This means that the codification of this model consciously releases the historical and logical ties between the parts contained in each law.

Muhammad Afriza Rifandy; Muhammad Defri; Syaifullah Syaifullah; Surya Sukti

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

As the main source of law in Islam, the Qur'an has described various types of criminal offenses and their punishments, which are called Jarimah. This is relevant to the aim of enacting God's laws on this earth for the benefit and happiness of humans themselves. The provisions of sanctions that Allah gives to the perpetrator of the abuse are not intended to take revenge for what he has done, but rather to fulfill the rights of Allah and the rights of the persecuted family as a form of justice, providing a deterrent effect and protecting the public. As amukallaf, humans should obey and submit to the sharia rules that Allah has established in the Qur'an in order to be safe from sanctions both in this world and in the afterlife. The crime of theft is a violation of social norms, both state legal norms and religious norms. Any religion does not justify its followers stealing, because it will be detrimental to the victim and social order (Iqbal, 2021). In the Indonesian Criminal Code, the crime of theft is written in the Criminal Code (KUHP), Volume XXII II, Articles 362-367, Crime of Property, which has various types and sanctions for theft. (Lutfi, Kurniaty, Basri, & Krisnan, 2022). According to crime statistics published by BAPPENAS, the level of property crime or theft in Indonesia increased during 2012-2013, with 25,036 cases in 2012 and 25,593 in 2013. (Aeni, 2021). If we look at other countries, countries that follow the rules of Islamic law, namely Saudi Arabia, the application and provisions of this country's laws are derived from the rules of the Islamic religion, which uses the Koran and Hadith as sources of law. to take the law. According to the Arab Social Defense Organization, Saudi Arabia has much lower rates of property or theft than in Arab countries such as Syria, Sudan, Egypt, Iraq, Lebanon and Kuwait, which do not implement Islamic criminal law. The rate of property crime or theft in these six countries is much higher, namely 650 times higher than Saudi Arabia. (Fitrah, 2021). The problem is that ordinary people do not have a deep understanding of Islamic criminal law. People will only feel that Islamic criminal law fines are sadistic, inhumane and violate human rights. It is believed that any theft must be sanctioned, or the punishment is amputation, although certain conditions must be met in Islamic law for amputation to be punishable. (Muhammad Wahyu, 2018). The Indonesian Criminal Code and Criminal Code have different legal systems and sanctions for perpetrators of theftAbstracts consist of abstracts in English and abstracts in Indonesian. The abstract uses Garamond letters (10 pt) with a word count of 150 to 300 words. Abstracts must be concise, clear and complete. The abstract must contain the research objectives, methods, results (findings) and recommendations.

Simon Yonas Sanak; Simplexius Simplexius; A Resopijani

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2024 International Forum of Researchers and Lecturers

This study analyzed the process of examining members of the National Police who allegedly violated the code of conduct in the jurisdiction of the Timor Tengah Selatan (TTS) resort police. The research method used is qualitative research with a case study approach. The data was collected through in-depth interviews with the Professional and Security Division of the National Police of the Republic of Indonesia or commonly abbreviated as Div Propam Polri. The analysis was conducted to identify patterns and processes that emerged in the process of examining police members who violated the code of ethics at the TTS police station. The formulation of the problem in this study is 1. What is the process of examining and imposing sanctions on members of the National Police who are suspected of violating the code of conduct in the South Central Timor Police area? 2. How is the relationship between ethical sanctions and criminal sanctions in judicial proceedings in the District Court? The results showed that the examination process for members of the National Police who were suspected of violating the code of ethics in the jurisdiction of the South Central Timor Police was carried out in accordance with the Chief of Police Regulation Number 7 of 2022 concerning the Police Professional Code of Ethics, which involved various stages, ranging from reports or direct findings by officers, examinations to prosecutions and criminal acts in the process in accordance with the Criminal Procedure Code. In the event that a member of the National Police who violates the order of the member is immediately given disciplinary action by the ankum. This finding provides insight into efforts to improve the law enforcement system in terms of transparency in the examination process of members of the National Police who are suspected of violating the code of ethics in the jurisdiction of the TTS police.

Sri Imelda Ayu Dude; Robby Waluyo Amu; Leni Dwi Nurmala

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

Land grabbing is a form of unlawful act, namely an act of abuse of authority over land ownership rights. Acts of encroachment can take the form of occupying land, installing fences, or eviction of land owners and so on. The act of illegally grabbing land is an unlawful act, which can be classified as a criminal act as stated in the provisions of the Criminal Code. The problem approach used in this writing is the normative juridical method. Primary data collection techniques are obtained by conducting searches, inventories and reviewing regulations using literature studies including statutory regulations, books and articles in journals and scientific works. Deductive analysis techniques are used to analyze data with a starting point or based on general rules, then a specific conclusion is drawn. The mechanism for resolving land grabbing cases that occur in the community can be carried out through deliberation or mediation, litigation, non-litigation, through the role of law enforcement officials, resolution through arbitration institutions. As for the role of the prosecutor's office in implementing court decisions in cases of land grabbing, the main role of the prosecutor's office in this context is as the implementer of court decisions that have permanent legal force. The prosecutor's office is responsible for ensuring that the implementation of these decisions is carried out. The government's suggestion is to provide information to the public by means of outreach, appeals and information, especially about land ownership and the prosecutor's office as the implementer of court decisions can provide protection to people who have land rights.

Annisa Febyanti; Bilqisti Kurrotul Aini; Andi Laila Qadrianti Putri; Berliana Putri Wiraka; Muhammad Althaf Faishal +1 more

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

The police apparatus is one of the law enforcement officers as a state instrument that plays a role in maintaining public security and order, as well as providing protection, protection and services to the community. However, the facts in the field say, there are still many violations of the principles of the rule of law in the realm of criminal procedure law, one of which is violence committed by law enforcement officials in the realm of investigation. The purpose of this writing is to find out how legal protection is given to victims of violence in investigations and to find out how the role of law enforcement officials should be in interpreting authority and power. The research method used by the author is normative legal research using data collection techniques through document study activities on secondary data. The results obtained from this writing are that suspects who experience violence in the investigation can make legal efforts through their family or legal counsel in accordance with what is regulated in Article 77 of the Criminal Procedure Code. In addition, in the context of accountability, law enforcement officials must be prepared to account for their actions and decisions to interested parties, including the community at large.

Fransisko Ngajow, Malfrid Frangky; Kadir, Yusrianto; Moonti, Roy Marthen; Kasim, Muslim

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

The purpose of the research is to know and analyze the criminal liability of the perpetrator in the case of illegal mining in the Marisa District Court of Pohuwato Regency has been in accordance with the objectives of the law (certainty, benefit, and justice) and to know and analyze the factors that influence the consideration of judges in examining, adjudicating, and deciding cases of illegal mining in the Marisa District Court of Pohuwato Regency. The type of research used in this legal writing is socio-juridical legal research. Criminal responsibility of the perpetrator in illegal mining cases is very important to maintain legal certainty, expediency, and justice. Courts need to ensure that perpetrators are given sanctions appropriate to the level of offense they commit and that the sanctions are effective in preventing similar acts in the future. In addition, fair and proportional treatment of perpetrators must also be ensured to maintain the integrity of the justice system and the judge's consideration in deciding Case No. 37/Pid.Sus/2023/PN Mar was in accordance with Article 184 of the Criminal Procedure Code, namely based on legal facts, witness testimony, testimony of the defendant and instructions in the form of evidence, so that the judge's consideration in his verdict had fulfilled the elements and conditions of the defendant's conviction.

T. Riza Zarzani; Ismaidar Ismaidar; Wildan Fahriza

International Journal of Law, Crime and Justice 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

corporation is a group of people and/or assets that are organized, whether legal entities or non-legal entities. Corporate crimes that occur in Indonesia are quite an important note in law enforcement in Indonesia. The discussion of corporate crime is very different from crimes that occur in general (as regulated in the Criminal Code). The problem formulation in this research is the dimensions of corporate crime. And the aim of the research based on the problem formulation above is to determine and analyze the dimensions of corporate crime. This research method is analytical descriptive research which is research to describe and analyze existing research and is included in the type of library research which will be presented descriptively. Corporate crime has special characteristics when compared to other types of crime. The general view has at least 2 (two) main characteristics, namely Non Violent (non-violent) and Corrosive effect (damaging moral standards). Corporate crime is essentially an act that is condemned by law. Its existence is an act prohibited by any law. Therefore, the understanding of corporate crime can be divided based on the understanding of corporate crime as organized crime because it involves all aspects and parts of the corporation, as transnational crime because the scope of acts carried out is not only in one country but across countries . As a white collar crime considering that corporations are parties who have an important position and have certain economic power in society.    

Dhini Dwi Aprilia; Edy Soesanto; Diah Sekar Arum

Jurnal Riset dan Publikasi Ilmu Ekonomi 2024 Asosiasi Riset Ekonomi dan Akuntansi Indonesia

In an era of rapid digital transformation, Indonesia faces major challenges in ensuring security, privacy and compliance are maintained. With increasing cyber threats in the country, BSSN and the Government must be more careful about potential large-scale security breaches and must prioritize building strong defense mechanisms to protect Indonesia's digital assets. Therefore, Cyber Security is the main pillar for the progress and sustainability of Indonesia's digital transformation. Then, legal provisions were issued in the form of Criminal Code Legislation and ITE Law no. 11 of 2008. The research method used in writing this article uses a qualitative method with a literature study approach. This research aims to provide an explanation regarding the compilation of national values originating from the 1945 Indonesian Constitution (UUD 1945) and the Unitary State of the Republic of Indonesia (NKRI) regarding security management. Specifically, this research examines the role of security management in dealing with cybercrime and strengthening digital defenses. It is hoped that the results of this research can be used as a reference for further research in increasing readers' insight and knowledge regarding the theme of this article.

Exshel Benyamin Pou; Sukardan Aloysius; Yossie M. Y. Jacob

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

The purpose of this study is to analyze the legal aspects of the use of third party services (debt collectors) by leasing parties based on Financial Services Authority Regulation No. 35/2018 in efforts to collect two-wheeled vehicles against debtors in default. 35/2018 in efforts to collect two-wheeled vehicles against debtors who make defaults The type of research in this study is normative legal research. The research in question is research that has characteristics including gaps in legal norna / principles, does not use hypotheses, uses theoretical foundations / theoretical studies and uses legal materials consisting of primary legal materials, secondary legal materials and tertiary legal materials. The results of this study indicate that: (1) The position of debt collectors in the leasing company is as a collection officer not an execution officer, execution can only be carried out by a bailiff with a court decision as in Article 32 of the Fiduciary Guarantee Law paragraph (2). The legal relationship between debt collectors (collection service companies) and creditors, namely debt collectors when carrying out their duties, act based on the power of attorney given by the finance company to the debt collector to collect or collect collateral objects from debtors. Likewise, in POJK No.35/2018 article 50 Financing Companies can cooperate with other parties to carry out collection functions to Debtors. (2) The legal consequences of withdrawing motorized vehicles against debt collectors, debt collectors will be held criminally liable and sentenced to criminal sanctions as stipulated in the Criminal Code as criminal law in Indonesia if the implementation is not in accordance with procedures, as well as the creditor in this case leasing can be sued by the debtor and ask to compensate civilly for the act of withdrawing motorized vehicles by debt collectors if the withdrawal has violated existing provisions and violated the agreement agreed upon by the creditor and the debtor. However, if the implementation is in accordance with the procedure, it must be protected in accordance with applicable laws.           

Shophia Mendora Janische Talan; Simplexius Asa; A Resopijani

Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA 2024 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

The purpose of this research is to analyze the application of the customary sanction "Lais Palolit" in the settlement of theft cases in Boti Village, Kie Subdistrict, South Central Timor District. The type of research used is empirical research. Empirical research can be interpreted as an approach that looks at a legal reality that exists in society. Based on this type of research, the data sources in this study are primary data and secondary data. The data collection techniques used are interviews, observation and documentation. The data collected will be processed through editing, coding and tabulation stages and data analysis is carried out descriptively, qualitatively and completely. Based on this research, several conclusions can be made, namely that all theft cases that occur within the scope of Boti Village must be resolved through the customary law that applies there by carrying out the customary sanction "Lais Palolit". The form of this customary sanction is the provision of additional property to the perpetrator based on what he took. This customary sanction is considered effective in resolving theft cases in Boti village. This customary sanction is different from the provisions stipulated in article 362 of the Criminal Code, but in its application so far the settlement of all theft cases in Boti village has always used the provisions of customary law and has not used the provisions of national law.