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Zainudin Hasan; Phanizar Cahaya Saputra; Lucky Arijano Augusta Putra; Muhammad Daud Aulia Ramadhan Indrajaya

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

According to data collected by Bandar Lampung Police, between the beginning of the year and the end of 2022, officers handled 2,898 incidents, including 502 reports of motor vehicle theft, 247 reports of theft with aggravation, and 78 reports of theft with violence. The purpose of this article is to describe the legal policy of violent motorcycle theft. This research is a normative legal research, in this research the elements of the crime of theft with violence as formulated in Article 365 of the Criminal Code are studied. The results showed that a person who commits the crime of motorcycle theft with violence can be caught under Article 356 of the Criminal Code. In this case, the factors that cause a person to commit a violent motorcycle theft are economic factors, social environment, opportunity, and less than optimal law enforcement.

Adelia Maharani; Rifqi Fahrozi; Adelita Ayu Nurhaliza

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

This study aims to find out the parties who are related and responsible according to Law Number 38 of 2004 concerning roads (Road Law), for various damage to road infrastructure in the city of Bandar Lampung and their handling and government accountability to parties who are disadvantaged in problems this (273 Law Number 22 of 2009). This study uses normative juridical research with data sources consisting of primary, secondary and tertiary data, analyzed using qualitative data analysis techniques. Data that can be obtained from written materials such as laws, books and documents. And also by using empirical legal research, by using a statutory approach and a case approach, data collection was carried out by means of literature studies and interviews, the data collected was descriptive. (113) Law enforcement for traffic accidents caused by damaged roads, especially in the city of Bandar Lampung, is not only a form of public service, but is a responsibility mandated by law, which if not implemented can lead to serious legal consequences. This study aims to determine law enforcement against traffic accidents caused by damaged roads in the city of Bandar Lampung and what factors become obstacles to law enforcement against traffic accidents caused by damaged roads in the city of Bandar Lampung. The results of research on traffic accident law enforcement due to damaged roads in the city of Bandar Lampung show the weak handling of the traffic police and the Bandar Lampung city government in implementing Law number 22 of 2009 concerning Road Traffic and Transportation, especially article 273. As well as the effectiveness of law enforcement and implementation that occurred in the implementation of the current road is still considered lacking.

Zidan Patrio; Agussalim Burhanuddin

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

The war between Russia and Ukraine has recently been in the international spotlight. One of the things seen is the weapons technology used. The modernization of weapons technology has prolonged the war on both sides. This article will discuss Javelin and NLAW which are types of portable anti-tank missiles and their use in the Russia-Ukraine war. Man-Portable Anti-tank Systems are shoulder-fired missiles that are used to destroy opposing tanks. Weapons such as the Javelin and NLAW are the result of the development of earlier versions of the Anti-Tank Guided Missile. These "fire and forget" type missiles such as the Javelin belong to the third generation ATGM system. The method used in this research is descriptive qualitative. Data will be obtained through literature studies from secondary sources such as books, documents, online articles, and media online. The data obtained will be analyzed descriptively. The results of this study show that Javelin and NLAW missiles are very effectively used by Ukraine in repelling Russian tanks.

Adilah Rahman; Adisty Maharani; Anzira Sania Desivha; Reza Dio Wijatmika; Herli Antoni

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

This research examines more deeply the analysis of legal certainty for victims of Doni Salmanan's fraud in trading through an application called QUOTEX. In relation to the decision of the Bale Bandung District Court number 576/Pid.Sus/2022/PN BlB, in which the Panel of Judges gave a verdict of imprisonment and confiscation of assets owned by the defendant generated through trading by utilizing his victims for profit and the assets were confiscated by the state. However, in the verdict there was no decision at all to provide compensation to the victim of Doni Salmanan's fraud, in this case the element of legal justice for the victim was not fulfilled by this decision. However, the aspect of legal certainty for the victim is very strong so that the defendant gets a death sentence and a fine for his actions. The legal certainty in question is a guarantee that the law is carried out properly in processing the rights and obligations of the defendant for his crime. Material law as an element of legal certainty has been carried out and linked to various laws and regulations relating to the case. Law No. 8/1999 on Consumer Protection for the losses suffered by the victim as a consumer, Law No. 19/2016 on the Amendment to Law No. 11/2008 on Electronic Information and Transactions because the case involved electronic networking devices, and Law No. 8/2010 on the Prevention and Eradication of the Crime of Money Laundering because in the prosecution the defendant was deemed to have disguised his wealth generated through criminal acts.

Christina Febri Silalahi; Esa Nur Hakam; Goldman Mediyana; Nabiella Putri Nastiti; Herli Antoni

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

This study aims to reinforce the implementation of material and formal law in a crime of sexual violence, in terms of granting restitution from the perpetrator to the victim for his actions, providing legal protection and utilizing criminal law in the trap of a crime of sexual violence. Restitution as referred to in this study is the provision of material from the perpetrator to the victim for his crime because he committed sexual violence which caused the victim to experience physical and psychological suffering, to restore the condition and condition of the victim after the crime, the perpetrator must provide restitution to the victim, the amount of restitution determined by court ruling. In protecting victims of sexual violence to avoid all forms of threats and intimidation, Indonesia has institutions to carry out their obligations. Namely, through the Witness and Victim Protection Agency whose duties, functions and authorities have been granted in accordance with the law. This aims to protect victims who are very vulnerable to all forms of threats and intimidation. Legal protection was also given before the crime occurred, namely by Law no. 12 of 2022 concerning Crimes of Sexual Violence, Law no. 35 of 2014 concerning Amendments to Law no. 23 of 2002 concerning Child Protection, and Law no. 23 of 2004 concerning the Elimination of Domestic Violence. Someone who commits a crime of sexual violence will receive legal consequences, in the form of imprisonment, fines, and restitution to the victim, the amount of which is determined by the court. However, if restitution is insufficient, the State is obliged to provide compensation to the victim for the lack of restitution given to the victim.

Singgih Dwi Nirwanto; Andhita Risko Faristiana

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

The post-reform era became public and government awareness of ethnic Chinese. This is evidenced by President Abdurrahman Wahid's decree to relax ethnic Chinese activities. Because in the Old Order, there was a government policy that was anti-Chinese sentiment. There is even a ban on foreigners to trade in Indonesia, as well as ethnic Chinese who become looting and mob rage, victims of sexual violence and so on. Through this Soe Hok Gie film, it depicts the participation of ethnic Chinese in solving the problem of government authoritarianism and saving Indonesia from the economic crisis. In this studyThis type of research uses library research, with a communication approach that uses media text analysis. The data collection technique in this study uses the semiotic analysis research method of Charles Sanders Peirce. The method uses Sign, Object and Interpretant to explain the content of a film.From the film Soe Hok Gie, this research has found themeaning of Sign, Object and Interpretant of ethnic Chinese political participation in the film Soe Hok Gie based on Charles Sander Peirce's semiotic theory. Finding an analysis of Sign, Object and Interpretant of ethnic Chinese political participation in political developments in Indonesia in the film Soe Hok Gie

Seri Mughni Sulubara; Amrizal Amrizal

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

For a Muslim, the body is a means of worshiping the Khaliq (Allah SWT), both worship that is hablu minan-nas and hablu mina-Allah. Al-Ghazali views the physical aspect as a means to achieve human goals, and a means to carry out religious obligations. The aim of this research is to find out the Islamic perspective on physical education. The research method used is library research. Therefore, this research was obtained from reading results sourced from articles, books, and websites that contain material relevant to this research. The findings in this study are that Islamic law regulates physical education with the aim of being able to get used to healthy living and discipline in maintaining cleanliness, eating patterns, dress patterns, activity patterns and resting as an effective method of maintaining physical health.

Revo Handhika Juang; Eki Tri Baranti

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

This article discusses the legal status of WALHI Bali in filing a lawsuit at the Bali Governor's Court regarding Bali Governor's Decree No. 1.051/03-L/HK/2012. The method used in this research is normative legal method. The focus of this research is to examine PTUN decisions with case registration number: 01/G/2013/PTUN.Dps, as well as to analyze the existence of AAUPB violations in the issuance of the Bali Governor's Decree, as well as to ensure the proper implementation of AAUPB in the preparation and issuance of the Governor's Warrant according to observations Panel of Judges in Decision No: 01/G/2013/PTUN. dps

Verda Raseindriyasari Bidjaksono; Teddy Prima Anggriawan; Aldira Mara Ditta Caesar Purwanto

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

  The negative impact of the Covid-19 pandemic has caused problems with the protection of consumer rights. This happens when their access to basic goods and services is poor as a result of unfair economic practices and causes unfair business competition. In Law No.8 of 1999 concerning Consumer Protection Article 4 which regulates consumer rights. During the Covid-19 pandemic, it has caused various impacts that go hand in hand with the era of disruption, causing consumers to be in a weak position. In dealing with the Covid-19 pandemic case, it is not only regulated by national legislation or legislation, but also by human rights law, especially those that have been officially recognized by the state. These activities have implications for the implementation of business competition supervision carried out by the Business Competition Supervisory Commission (KPPU).

Wahyu Buana Putra; Teddy Prima Anggriawan; Aldira Mara Ditta Caesar Purwanto

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

Competition in the business world has various ways by each business actor. Judging from the application of the principles of business competition in Indonesia, there are several rules that contain matters in carrying out the business world. All provisions contained in the laws and regulations regulate the rights and obligations of every business actor in running his business. Given the content of Law No. 5/1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition describes several actions or practices that are prohibited in competing to develop the business of every business actor in Indonesia. One of the prohibitions in the world of business competition is the practice of predatory pricing or commonly referred to as the act of selling at a loss. This practice is an act of selling products from production at prices far below the proper average. This study will discuss one of the case studies related to selling at a loss that occurred in the cement industry in Indonesia, especially in the province of South Kalimantan. Cement Conch which is a product of PT. Conch Cement was the party that was reported on the grounds that there was an alleged monopoly action in the form of a loss-selling practice. Conch cement companies are reported under the provisions of the article in the business competition law. In accordance with the KPPU's decision issued, stated that conch cement was proven to have carried out this practice. Regarding monopoly practices carried out by conch cement companies, we will review the legal consequences and responsibilities based on the applicable laws and regulations.

Ranti Rafika Dewi; Pendi Hasibuan; Arsal Arsal; Edi Rosman

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

The author's reason for raising this issue into a scientific work in the form of a thesis is because there are differences of opinion among judges at the Padang Panjang Religious Court regarding the itsbat of marriage for underage marriages in determining number 4/Pdt.P/2022/PA.PP which is the woman's party. when he got married he was 16 years old. First, the marriage certificate must be rejected because it has violated the law on marriage registration and the minimum age for marriage is 19 years. Second, the itsbat of marriage can be accepted on the grounds that it is mashlahah murslahah. How does the mashlahah mursalah analysis of this determination be explored by the author in this study. The author gives limitations on the problem regarding the legal considerations of the Panel of Judges regarding Determination Number 4/Pdt.P/2022/PA.PP and the analysis of mashlahah mursalah in determining number 4/Pdt.P/2022/PA.PP regarding itsbat marriage for underage marriages. This research is an analytical descriptive research by conducting an analysis of the determination of judges in the case of itsbat marriage for underage marriages, the research uses a normative juridical research type. This is because this legal research aims to examine legal principles, using qualitative data, namely data presented in the form of verbal words, not in the form of numbers. Primary data sources were obtained from Decree Number 4/Pdt.P/2022/PA.PP, Law Number 1 of 1974 concerning marriage and the Compilation of Islamic Law. In collecting data, it is done by taking inventory of data, classifying data, and then analyzing it by conducting a study of cases related to the issues faced in the determination of number 4/Pdt.P/2022/PA.PP and the laws and regulations using maslahah mursalah to then draw conclusions from the results of the analysis. From the results of the research that the authors conducted, it was found that: First, the basis for the legal considerations of the Panel of Judges in granting the application for itsbat marriage for underage marriages contained in the stipulation Number 4/Pdt.P/2022/PA.PP is Article 8 Law Number 1 of 1974 concerning the prohibition of marriage between two people who are related by blood, are related to semenda and are related to breastfeeding. Article 14 KHI regarding the pillars of marriage, namely the existence of a prospective husband, prospective wife, marriage guardian, two witnesses and consent and qabul. And for the benefit of the parties and the child, this is also in accordance with the rules of fiqh which reads "rejecting adversity must take precedence over taking benefit". Second, the legal considerations of the panel of judges in determining Number 4/Pdt.P/2022/PA.PP found mashlahah mursalah because by granting the itsbat of marriage for underage marriages, the couple can register their marriage at the Office of Religious Affairs because marriage registration aims to realize The purpose of law is for society to create order, certainty and legal protection, so that the civil rights of husbands, wives and children can be fulfilled.

Yunizar Falevi; Muhammad Abyan Zain; Nadhif Gilang Bhaswara; Muhammad Rafli; Andika Syah Putra +1 more

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

. Jika berbicara mengenai hukuman mati dalam perspektif hak asasi manusia, terdapat beberapa pro dan kontra atas hukuman mati terhadap tindak pidana korupsi, karena banyak yang berasumsi bahwa hukuman mati melanggar hak asasi manusia. Sesuai dengan isi pasal 28A Undang-Undang Dasar 1945 yakni ‘’setiap orang berhak untuk hidup dan berhak mempertahankan hidup dan kehidupannya’’. Secara doktriner tidak ada yang salah dengan alibi itu. Akan tetapi untuk menjawab bahwa di dunia nyata ada pihak-pihak yang merampas nyawa orang lain dengan atau tanpa alasan yang hakiki, oleh karena itu disebutkan doktrin itu harus diperdalam maknanya. Penelitian ini bertujuan untuk mengetahui mengenai Efektivitas Hukuman Mati terhadap Tindak Pidana Korupsi di Indonesia serta Penghapusan Hukuman Mati terhadap Tindak Pidana Korupsi di Indonesia. Metode penelitian yang menjadi alas dasar dalam penelitian ini adalah penelitian hukum normatif dengan menggunakan pendekatan perundang-undangan dengan metode studi pustaka sebagai Metode pengumpulan data. Penelitian ini menemukan bahwa hukuman mati sudah tidak relevan lagi untuk diterapkan. Hal ini dipertegas karena hukuman mati melanggar Hak Asasi Manusia yang telah diatur dalam Pasal 28 A UUD 1945 dan Undang-Undang No 39 tahun 1999 tentang Hak Asasi Manusia yang menyatakan bahwa hak untuk hidup dan mempertahankan kehidupan, serta perlindungan dari penyiksaan merupakan hak asasi setiap manusia. Hukuman mati juga dianggap tidak sesuai dengan tujuan pemidanaan serta ditambah sebuah fakta bahwasannya tidak ada hubungan yang linear antara hukuman mati terhadap koruptor dengan rendahnya tingkat korupsi dan sudah seharusnya kita menghapus hukuman mati terhadap tindak pidana korupsi

Tazkiyatun Nisa; Slamet Riyadi

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

Tujuan dari penelitian ini untuk mengetahui pengaruh struktur modal, profitabilitas, dan tata kelola perusahaan terhadap kinerja keuangan  pada perusahaan keuangan sub sektor asuransi. Data yang digunakan dalam penelitian ini adalah data sekunder yang berupa laporan keuangan tahunan yang dapat diakses melalui website resmi www.idx.co.id. Populasi dalam penelitian ini yaitu sebanyak 17 perusahaan keuangan sub sektor asuransi yang terdaftar di Bursa Efek Indonesia periode 2017-2021. Teknik pengambilan sampel menggunakan purposive sampling dengan kriteria yang sudah ditetapkan sehingga menghasilkan 10 sampel perusahaan keuangan sub sektor asuransi. Penelitian ini menggunakan analisis data Structural Equation Modelling (SEM) dengan alat program dari aplikasi Partial Least Squares (PLS) versi 3.0. Hasil dari penelitian ini menunjukkan bahwa struktur modal tidak berpengaruh signifikan terhadap kinerja keuangan, profitabilitas berpengaruh signifikan terhadap kinerja keuangan, dan tata kelola perusahaan berpengaruh signifikan terhadap kinerja keuangan.  

Lendrie Adi P. Rembet

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2023 Pusat Riset dan Inovasi Nasional

A large number of road users who often pass by on the highway every day can cause problems in traffic, one of which is a traffic accident. The purpose of this study was to determine the effectiveness of criminal law enforcement in handling traffic violations. The research method used is qualitative research through literature study by applying the legal and statutory approaches that apply in Indonesia. The goal of public protection and safety can be achieved through enforcing criminal law in traffic violations. By imposing strict criminal sanctions, it is expected to prevent repeated violations and provide a deterrent effect to offenders. Justice and responsibility are important principles in enforcing criminal law on traffic violations.

Gradia Okultra Alba; Alan Siti Nurrizky

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2023 Pusat Riset dan Inovasi Nasional

Buying and selling is a legal relationship that has rights and obligations between the parties, including house buying and selling transactions through a House Sale and Purchase Agreement (PPJB) and Sale and Purchase Deed (AJB) carried out in front of a notary. The study has a goal, namely to find out and analyze the validity of buying and selling transactions of houses in the perspective of the Civil Code. Juridical-normatic is used as a research method whose approach is in the form of laws and literature studies. The result of this study is a house sale and purchase agreement, namely a special agreement whose rules are contained in Article 1457 of the Civil Code. The validity of this sale and purchase refers to Article 1320 of the Civil Code concerning the legal terms of the agreement. Buying and selling houses is carried out through various stages, namely the preparation of PPJB, payment of seller and buyer taxes and the process of transferring the name in AJB before a notary. Legitimacy can occur if the making of this agreement is not because there is a forced withdrawal from any party,, does not violate the provisions of laws and regalutions, decency and the public interest.

Diah Resti Vilani; Niken Kurnia Yunita; Ahmat Luqman Nanda; David Aldo Wijaya

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2023 Pusat Riset dan Inovasi Nasional

Inquiry and investigation in the mechanism there is a difference between the two. Article 1 point 5 of the Criminal Procedure Code regulates investigations to determine whether an event that is suspected of being a crime is true before finally proceeding to the level of investigation. Where the investigation stage aims to determine the truth of a criminal act. After finding out who the perpetrators of the crime were, then in accordance with the constitution a court process will be carried out through an independent judicial power. Merdeka has the principle that judicial power must be free from any form of encouragement or interference from any outside party. It is different from the power to adjudicate in the post-New Order era where legal dualism occurred. This study uses a normative juridical method with a statutory approach (Statute Approach) regarding Law Number 14 of 1970 concerning Judicial Power in the New Order regime as well as a Case Approach (Case Approach) of legal dualism carried out by President Soeharto where presidential power is attached to legal authority. justice. The power of the president attached to the power of the judiciary will give birth to the independence or independence of the decisions of the judges because there is interference from the power of the president.

Almas Qinthar Tri Cipto; Sumriyah Sumriyah

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2023 Pusat Riset dan Inovasi Nasional

Bankruptcy occurs when a debtor is unable to pay his debts to creditors. Countries can also experience financial difficulties leading to bankruptcy. The purpose of the bankruptcy process in a limited company is to speed up the liquidation process and distribution of company assets to creditors. As a corporation that has characteristics like private law, a limited company separates its assets from the management of the company. However, if the limited company goes bankrupt and disbands, can the management of the company still be held accountable or not?

Salwa Ainiya Tsabitha; Niken Ayu Puspita; Sumriyah Sumriyah

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2023 Pusat Riset dan Inovasi Nasional

. Currently, the times are increasingly advanced, starting from technology, transportation, payments, placement of funds in securities is one of them. Placement of funds in securities is a bank that only acts as a liaison between customers who need funds and customers who have funds. Placement of these funds is only in securities that are not listed on the stock exchange, such as BI certificates. The purpose of this study is to examine the determination of a fund to become securities and also how is the legal relationship between depositors of funds and banks and what are the legal consequences of placing funds in securities as security for wealth. The conclusion of this study is that the role of securities in a bank is inseparable from the role of banks which have a strategic function in implementing national development. The development of the times is also a supporting factor for using securities for payment, deposit of funds, investments, and others. This strategic role is mainly due to the main function of the bank as a vehicle that can collect and distribute public funds effectively and efficiently and anticipate economic and banking developments. To anticipate economic and banking developments as mentioned above, it is necessary to have laws and regulations regarding securities in general that are more adequate as an umbrella that underlies these developments.    

Bryan Yoppi Triatama; Moch. Hilal Rusydi Al Fiter; Sumriyah Sumriyah

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2023 Pusat Riset dan Inovasi Nasional

This article discusses the role of directors in the dissolution of a Limited Liability Company and the legal remedies taken by shareholders to protect their rights in the dissolution of a Limited Liability Company. The business activities of a Limited Liability Company do not always run in accordance with the objectives, sometimes the Company will face obstacles that cause the dissolution of the Limited Liability Company. With the dissolution of the Company, in this case the shareholders should get a legal protection both preventive and repressive. This research uses normative legal research with a statutory approach and a case approach through a decision study. The legal sources used are primary and secondary legal sources. Based on the results of the research, the Board of Directors of a Limited Liability Company in the process of dissolving the Company can act as a liquidator. Limited Liability Companies undergoing dissolution must pay attention to the rights and legal protection of shareholders.

Sri Purwanti Budi Utami; Anggraeni Endah Kusumaningrum

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

This study is entitled "Legal Protection of Children as Criminal Actors. Nowadays there are often criminal acts committed by children. The problem in this study is the legal protection for children as perpetrators of crime in accordance with the juvenile criminal justice system in Indonesia and its implementation in the Merauke region. The research method used is a juridical-empirical legal research method with a fact and legislation approach. The existing law is used as a guideline about what people should and should not do and see the phenomena that occur in the field. The forms of protection provided to children in conflict with the law are based on Law no. 11 of 2012 concerning the Child Criminal Justice System, which provides protection to children in the stages of arrest and detention, investigation, prosecution, trial and coaching, and through the application of diversion. The conclusion of this study is that children as perpetrators of torture must be treated humanely, accompanied, provided with special facilities and infrastructure as well as sanctions given to children in accordance with the principle of the child's best interests.