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Ahmad Yunus

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

Article 56 of Law number 39 of 2007 concerning Excise states that "any person who hoards, stores, owns, sells, exchanges, obtains or gives excisable goods which he knows or suspects originates from a criminal act based on this law shall be punished with criminal imprisonment for a minimum of 1 (one) year and a maximum of 5 (five) years and a fine of at least twice the excise value and a maximum of 10 (ten) times the excise value that should be paid." The circulation of illegal cigarettes can reduce the amount of tax revenue from tobacco products by the government. The circulation of illegal cigarettes in society is a form of crime that still needs attention because it is easy for us to encounter it without realizing it. Some goods subject to excise are tobacco products, in the form of cigarettes. Cigarettes are the result of tobacco processing which is popular with the public. Due to the large demand for cigarette production by the public and the high excise tax imposed by the government, many individuals try to avoid paying cigarette excise. Law enforcement and criminal responsibility are the main studies in this research.

Eddy saputro, isnaini; Faizin, Muhammad

Nusantara Mengabdi Kepada Negeri 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

In the 21st century, the acquisition of English as a second language is very important for a group of children in Walal Village who are currently studying at elementary school. This is useful for supporting 6 skills of 21st century education, namely critical thinking, communication, creativity, collaboration, culture and connectivity. Walal Village is one of the model villages in Sorong Regency which has a high enthusiasm for creating the latest breakthroughs, especially in the field of education. Walal Village is located in Salawati District which must be traveled 35 kilometers from Sorong City. Thus, access to information related to education is very limited for children in Walal Village. In this case, students of the Community Service Lecture (KPM) at the Muhammadiyah Sorong Education University provided one month of English literacy assistance for the children of Kampung Walal community. The aim of this assistance is an effort to empower Human Resources (HR) through a community empowerment program for English language learning guidance.  This English literacy assistance is very important to provide to Walal Village children who are already aware of the importance of English around them. This program is also related to the description of the Walal Village Government's vision and mission in developing human resources in terms of quality education. English literacy assistance includes acquiring English, processing language in the form of remembering and memorizing words or terms, and understanding meanings that can be applied to listening, reading, speaking and writing skill activities. The efforts of this English literacy assistance are to change the mindset of the children of Walal Village that learning English is fun, regardless of age, and affordable. In fact, through mentoring, children in Walal Village experience changes in knowledge and attitudes during the English literacy process.

Tri Wulandari; Kalina Alya; Disha Yori Farhana; Yusawinur Barella

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

This article takes an in-depth look at Ms. Retno Marsudi's successful career in diplomacy, as well as the factors that played a role in this achievement, while providing concrete examples of the practice of diplomacy. Using a descriptive research methodology, it explores theories of global diplomacy and the practice of Indonesian diplomacy. The research findings confirm the central role played by Ms. Retno Marsudi in building Indonesia's diplomatic relations with other countries. She is known for her strong leadership, communication skills, and wisdom in handling sensitive issues. In addition, this article also illustrates how Indonesia's free and active foreign policy is realized through effective diplomatic efforts, especially in achieving peace between Palestine and Israel. In the global context, Ms. Retno Marsudi's diplomatic work reflects Indonesia's commitment to play an active role in fighting for international peace and justice. In conclusion, Ms. Retno Marsudi's career journey not only provides inspiration, but also provides valuable lessons in the practice of diplomacy that has a positive impact globally.

Richie Sanjaya Putra

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

This research discusses the release of criminal sanctions in the SPPD KKR Aceh corruption case on the grounds that there is restorative justice at the police level because state losses have been returned. The resolution of corruption cases should refer to Law Number 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning the Eradication of Corruption Crimes. This law has the principle of retributive justice and does not recognize restorative justice so that imposing criminal sanctions is the main option. 58 Actors who have authority because of their position have been proven to have committed corruption which is detrimental to state finances. On this basis, the 58 perpetrators should be given appropriate sanctions in Article 3 of Law Number 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning Eradication of Corruption Crimes. This research uses a Juridical-Normative research method which is carried out by means of a literature study of available legal materials. This research method will be used to analyze sanctions against the 58 perpetrators of corruption in accordance with applicable positive law.

Faturohman Faturohman; Silvia amanah; Zakia AriKinanti

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

Implementation of the principles of the rule of law and Pancasila democracy in the context of protecting the rights of every human being in Indonesia. The values associated with Pancasila, in protecting one's rights, are very diverse. The first value of Pancasila, if it is related to the rights that every human being has, means affirming recognition of God the Creator. The second value is that humans have equal dignity and rights that must be respected by each other. The values of Pancasila must be put forward in order to unite the Indonesian nation, so that the Indonesian state becomes one united nation. The fourth principle, if related to the rights possessed by humans, emphasizes the importance of fair distribution of resources and opportunities, as well as being able to overcome all forms of injustice in society. Finally, the fifth principle is related to the rights possessed by every human being, meaning that the value of Pancasila places greater emphasis on the importance of democratic governance, by providing space for participation for citizens to be active in society.

Kuswan Hadji; Muhammad Razaq firdaus; Muhamad Wisnu Haikal; Vinky Wahyu Anjas Prianggoro; Narendra Dzaki Dwitanaya +1 more

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

This paper examines the evolution of regional governance in Indonesia since the reform era, beginning with the replacement of Law Number 5 of 1974 by Law Number 22 of 1999, and its subsequent revision into Law Number 32 of 2004. These legal reforms reflect the nation's efforts to balance centralization and decentralization, with the principle of checks and balances as a foundational element. The article highlights the central role of the Regional People's Representative Council (DPRD) in the formation of regional regulations (Perda), oversight functions, and budget determination. Through literature research, this paper demonstrates that the DPRD holds strategic authority in regional legislation, involving the planning, drafting, discussion, and ratification of Perda. In conclusion, the DPRD plays a crucial role in establishing a democratic and accountable regional governance system in Indonesia.

Sri Hardiyana Diu; Suwitno Yutye Imran; Avelia Rahmah Y. Mantali

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

This research aims to identify and analyze the factors that cause the sense of justice not to be fulfilled in decision Number: 9/Pid.Pra.Pradilan/2018/Pn.Gto at the Class IA Gorontalo District Court. This research is classified as empirical research using descriptive analysis methods. Data was obtained through the study of court decision documents, analysis of legal literature, and interviews with legal experts and judicial practitioners. This research allows researchers to get a comprehensive picture of the issues faced in this case. The results of this research show that several important factors cause a sense of justice to be fulfilled in a judge's decision.

Riska Buhungo; Erman I. Rahim; Abdul Hamid Tome

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

This research examines the pattern of recruitment of women in political parties to meet the threshold of 30% of Legislative Members in Indonesia, starting from regulations governing the rights and obligations of political parties as regulated in law, and specifications related to the recruitment process from political parties contained in in the AD/ART of political parties. This research is classified as normative empirical research with a statutory approach and a case approach. Research material was collected through interviews and document studies and then analyzed from a perspective. The results of the research show that the recruitment process for each political party is different and by stating the party's interests, there is no reference process regulated in statutory regulations. The researcher provides recommendations in this research related to the formation of statutory regulations for the recruitment process so that they become a reference for each party. politics, as well as providing political education to women in stages as well as evaluations that become material for party development.

Adriani A.L Gula; Moh. R.U. Puluhulawa; Apripari Apripari

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

One of the problems facing Indonesia is the increasing drug propaganda. Drugs are a serious threat to society, health and state security. Drug use can cause physical, mental and social damage to individuals and have a negative impact on families and society at large. The Indonesian government has taken various steps to overcome the drug problem. One of them is the enactment of strict laws related to drug propaganda.Pohuwato Regency, as the entry point to Gorontalo Province, is rife with cases of narcotics and illegal drugs, both by land route and distributed through dealers outside the area and local dealers. Users are also targeted at various groups, both upper middle class and lower middle class. The difficulty in uncovering cases can be due to the large area, modus operandi and advances in the field of communications, so that more progressive steps are needed in uncovering narcotics crime cases.

Moh. Elson I.M.Tandesa; Moh. Rusdiyanto U. Puluhulawa; Apripari Apripari

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

This research aims to find out how law enforcement is carried out against perpetrators of recidivist criminal acts of theft. The research method used is juridical-normative which is analyzed qualitatively. The research results show that recidivism is the repetition of a criminal act by the same perpetrator, where the criminal act committed previously has been sentenced to a criminal sentence and has permanent legal force, and the repetition occurs within a certain period of time. When imposing a sentence, the judge does not mention the amount of additional prison sentence of 1/3 (one third) of the main criminal threat (the presence of a criminal aggravation due to recidivism reasons), because the judge will basically immediately impose a long sentence on the defendant. Crime prevention is a variety of proactive and reactive activities directed at perpetrators and victims, and in the social and physical environment, carried out before and after a crime occurs. There are two ways of dealing with recidivist crimes, namely, preventive and repressive.

Nur Arifatus Sholihah; Asri Reni Handayani; Kurnia Bend. Yunita Pellondou

Nusantara Mengabdi Kepada Negeri 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Smokers in Indonesia are ranked third in the world. More than 60 million Indonesians smoke. Cigarette consumption in 2008 reached 240 billion cigarettes or 658 million cigarettes per heart. This means money worth around Rp. 330 billion are "burned" by smokers in a day (TCSC-IAKMI, 2012). In Indonesia, 36.2% of boys and 4.3% of girls (i.e. 20.3% of all students) are users of smoked and/or smokeless tobacco. The initial age of smoking initiation for 43.2% was 12-13 years. Of smokers, 81.8% stated that they had tried to quit smoking in the last 12 months. Of the 88.2% of smokers who want to quit, only 24% have received help from a smoking cessation program or professional (WHO-SEARO, 2014). This community service activity was carried out on Saturday, April 18 2024 from 08.30 to 11.00 WITA. The service process is carried out using a collective counseling mechanism using education and socialization methods with lectures and joint discussions. This service also involved 10 fourth semester students. The conclusion of this community service is that by providing education to children about the harmful effects of tobacco, it can increase caregivers' knowledge and it is hoped that caregivers can prevent children from being exposed to cigarette smoke. Other service providers are advised to develop training topics and training models to increase public awareness, especially about smoking prevention.

Mariska Cahyani Putri; Annisa Febyanti; Saskia Azzahra; Nurul Amaliyah Putri

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

This writing aims to examine the position and influence of the presence of Artificial Intelligence in the formation of legislation as well as the crucial role of implementing the use of Artificial Intelligence in legislative processes. The research method employed by the author is normative juridical research using data collection techniques through document studies on secondary data. The results of this writing indicate that Artificial Intelligence is a form of progress that can assist and simplify human work. However, its use must be limited by specific regulations to regulate and minimize potential threats or negative impacts. Additionally, Artificial Intelligence is limited to being a tool or supporting assistant in the legislative process. If Artificial Intelligence were to be considered a subject capable of shaping legislation, it would be nearly impossible to implement. This is due to legislation being rules derived from norms that evolve in society and are dynamic. In the end, Artificial Intelligence remains limited to providing assistance to human beings. And the realization of the use of Artificial Intelligence in the realm of law has occurred in Indonesia as well as other countries such as Singapore, China, Estonia and also the United States. These countries have utilized Artificial Intelligence in the realm of law, especially in its use as a tool for the formation of legislation.

Charlissa Aulia Diva Febrianna; Anita Zulfiani

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

The criminal system in Indonesia is experiencing reform, which is marked by restorative justice. The principle of restorative justice is a principle of law enforcement in resolving cases which is used as an instrument for the recovery process from its original state. This is done to prevent problems from arising such as the number of prisoners in prison being full. Therefore, this legal research aims to analyze the fulfillment of the principles of justice in resolving traffic accident criminal cases through restorative justice at the Sragen District Prosecutor's Office and to analyze the obstacles faced by prosecutors in implementing restorative justice. This research uses a descriptive normative-empirical method with a legal approach and a traffic accident criminal case approach handled at the Sragen District Prosecutor's Office in case number: PDM-12/SRGN/EKU.2/03.2023. Based on this legal research, the author concludes that the resolution of traffic accident criminal cases through restorative justice at the Sragen District Prosecutor's Office has fulfilled the principles of justice as one of the legal objectives. However, in its implementation there are still obstacles experienced by the Prosecutor as a facilitator in this peace process.

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.

Nusa, Nuryanto D.; Ismail, Nurwita; Amu, Robby W.

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

The purpose of this research is to find out and analyze the basis of the judge's consideration in imposing a conditional criminal sentence at the Marisa Court, Pohuwato Regency and to find out and analyze the provisions of conditional punishment in achieving the objectives of punishment in the Indonesian punishment system. The implementation of this research is empris research. In this study, researchers used a qualitative method. The consideration of judges in imposing conditional criminal decisions is a complex and diverse process. It involves an evaluation of the offender's circumstances, community safety, rehabilitation needs, as well as the effectiveness of the punishment in preventing future law violations. By carefully considering these factors, judges can make fair and effective decisions. The judiciary is known as the mouthpiece of the law. Conditional punishment in the Indonesian punishment system can be implemented where the Judge can set a general condition, namely that the convicted person during the specified probation period will not commit a criminal act, and a special condition, which is specifically aimed at the behavior of the convicted person. Conditional punishment can be imposed if the Judge imposes a maximum imprisonment of 1 (one) year.  Conditional punishment is an important instrument in the Indonesian punishment system because it provides an opportunity for criminal offenders to rehabilitate themselves and avoid re-engaging in criminal activities.

Oky Tiara Putri; Arief Suryono

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

Today's electronic transactions are facilitated by the many Marketplaces and Online Shops that sellers and buyers can visit. Various platforms implement Flash Sales at certain moments as a form of promotion. In this case, forms of Predatory Pricing are found which include Unfair Business Competition in Predatory Pricing. The following research aims to examine and explain the Flash Sale method in Online Shops and its indications of unhealthy business competition. The following research was carried out using descriptive qualitative methods using a normative juridical approach by analyzing phenomena that exist in real conditions with statutory regulations simultaneously. Based on the analysis results, it is known that not all Flash Sale Programs provide prices far below production. However, the implementation of flash sales which drastically reduce prices is a clear indication of unhealthy business competition. Considering the drop in prices posted on the Flash Sale can reach 80% of the original market price. Based on the results of analysis using the Price-Cost Test, massive discounts by E-Commerce are a form of Predatory Pricing.

Faturohman Faturohman; Afi Nurul Febriyanti; Jihan Hidayah

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

Freedom of religion is still very low in Indonesia. This clearly violates human rights stipulated in Article 22 of Human Rights Law Number 39 of 1999. This research aims to show why violations of freedom of religion continue to occur or discriminatory and intolerant behavior that is often anarchic. This research uses normative juridical with qualitative approach, which means collecting and using information relevant to the research subject. For this research, the nature is descriptive analysis. Secondary data is the data source. The fact that discrimination cases continue to occur shows that the Indonesian government must make improvements and evaluations in the law enforcement sector and government apparatus, as well as provide guidance to the community.

Susanti, Susi

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

Developments in the realm of health law develop in line with advances in health science. Currently, health law has become a very important element in dealing with various legal problems and issues in the health sector. On the other hand, with the development of increasingly sophisticated technology, the issue of traditional medicine has received less attention. However, in the context of efforts to fulfill the right to health in Indonesia, traditional medicine should be an alternative that is important to pay attention to. This is supported by Indonesia's natural conditions which have rich biodiversity, including various plant species that have the potential to be used as raw materials for traditional medicine. Thus, legal protection of traditional medicines from the perspective of health law and intellectual property law becomes very important. The research method used in this research is a normative research method which is conceptualized in legislation or conceptualized as norms or rules that serve as the basis for human behavior. The aim of this research is to analyze the legal protection of traditional medicines from the perspective of health law and intellectual property law in Indonesia. The results of this research concluded that related to traditional medicine, Law no. 17 of 2023 does not explicitly mention it as a traditional medicine. However, the definition of traditional medicine is equated with the term "Natural Medicine." In Article 321 paragraph (1), natural medicines are divided into several categories, including herbal medicines, standardized herbal medicines, phytopharmaca, and other natural medicines. Legal protection for traditional medicines or natural medicines is regulated in Articles 324-325 of Law no. 17 of 2023 concerning Health. On the other hand, in the context of Intellectual Property Rights (IPR), legal protection for traditional medicines is included in the patent system, as regulated in Article 26 of Law Number 13 of 2016 concerning Patents.

Roli Pebrianto

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

This article discusses the importance of witness testimony in the criminal justice process in Indonesia, particularly in cases of violent theft. This research focuses on the decision of the Sumbawa Besar District Court Number: 142/Pid.B/2023/PN.Sbw. The method used is normative legal research, which analyzes primary and secondary legal documents to understand how testimony is used in court despite the absence of the victim. This study finds that witness testimony is crucial in proving criminal acts. However, in this case, most of the testimony provided was testimonium de auditu, based on hearing from others rather than direct experience. This raises issues concerning the validity of such testimony as legitimate evidence. The conclusion of this research indicates that although witness testimony is important, caution must be exercised in assessing its validity, especially when the testimony does not originate from the direct experience of the witness. This is important to ensure a fair trial process in accordance with applicable legal principles.

Ricky Sitanggang; I Dewa Gede Dana Sugama

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

The development of modern society in the process of globalization and industrialization has had a huge impact on forest sustainability as a support for life and in the world's biological life. The existence of forests is of course very much needed considering that forests are not only a source of wood production but are also an integral part of the environment, forests are open areas that make people's access to use them very large which causes logging and timber theft. In order for this to happen more often, this problem must be addressed immediately for the sake of the preservation of forest ecosystems in Indonesia. This journal writing uses normative research methods, normative methods are used with a statutory approach and use reference materials from book sources or other scientific research. As for the results of this study, the regulation of illegal logging is contained in the Law of the Republic of Indonesia Number 41 of 1999 concerning Forestry in Article 50 which regulates prohibitions for anyone who carries out activities in the form of logging, Article 50 also discusses the prohibition of carrying out forest destruction activities. and confiscation of forest resources in violation of laws and regulations or without permission from interested parties, namely forestry officials.