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Uun Ulfiana; Y.A Triana Ohoiwutun; Samuel Saut Martua Samosir

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

The examination of witnesses regulated by Act No. 8 of 1981 on the Code of Criminal Procedure Law (hereinafter referred to as KUHAP) is a provision concerning formal criminal law. In the case No. PDM-242/JKTSL/10/2022 with the accused Ferdy Sambo (FS) and the case N. P.D.M-246/Jktsl/10/2022 with Princess Chandrwati (PC) there is an event conducted examination of witnesses jointly, becoming a material of investigation, whether such examination can be carried out simultaneously considering the witness in giving explanations must be independent. To respond to the focus of research in this research use normative jurisprudential research methods with conceptual approaches and legislative approaches. The conclusion is that the joint examination of witnesses is based on Article 172 (1) of the Convention. Accordingly, the public prosecutor or the accused or the legal counselor may prepare a witness of a qualitative nature, subject to the provisions of applicable law, so that the testimony of the witnesses may have a valid proof force. Furthermore, it is expected that the law enforcement agencies will be able to carry out witness examination procedures accurately and honestly in order to the objective of the examination in the trial, which is to material truth.

Hardi Fardiansyah; Nanda Dwi Rizkia

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

The purpose of this study is to ascertain how the Bandung municipal government interacts with homeless persons and to pinpoint the factors that support and impediment this interaction. This study employs a descriptive methodology and is qualitative in nature. The research subjects include the Mayor of Bandung, the Director of the Bandung City Social Service, and the sprawl of the City of Bandung. Based on the results of the data analysis, it is feasible to draw the following conclusion: The 2019 Bandung City Regional Regulation Concerning the Treatment of Vagabonds and the Homeless regulates how the municipal government is to handle gepeng. Social services aid in efforts to rehabilitate society. According to Article 16 of the 2019 Bandung City Regional Regulation, efforts to end homelessness are conducted in four different ways: prevention, repression, social rehabilitation, and reintegration activities. The central government's support, the 2019 Regional Regulation, the existence of non-governmental groups, and community support all contribute to the Bandung City Government's attempts to manage sprawl. Two barriers are the sluggish homeless culture and the cash-on-hand culture.

Gani Hamaminata

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

The Criminal Justice System outlined by the 1981 Criminal Procedure Code is an Integrated Criminal Justice System that is based on the principle of "functional differentiation" between law enforcement officials/agencies in accordance with the "stage of the process of authority" granted by the law. The Integrated Criminal Justice System is a system in criminal justice that becomes a reference for the implementation of a fair trial and as expected by the wider community. In the criminal justice system, there are things that must be synchronized in order to achieve a truly integrated system, namely substance, structural and cultural synchronization.   Keywords : Criminal Justice System and Criminal Procedure Code

I Made Chossy Narayanan; I Wayan Novy Purwanto

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

The motivation behind this paper is to decide the game plan of business relations that outcome in the detainment of a laborer's confirmation by the organization as far as Law Number 13 of 2003 concerning Manpower. Utilization of a confirmation as an assurance of work in the work arrangement between the organization and the provisional laborers. This study utilizes a standardizing legitimate technique and this examination will utilize three ways to deal with break down the issue, to be specific the legal methodology, the applied methodology, and the recorded methodology. This kind of exploration is standardizing juridical examination. This examination is an exploration on lawful synchronization. In this review, the creators utilized library research. Wellsprings of information utilizing essential information, optional information, and tertiary information. The creator gathers information utilizing different libraries, print broad communications, and web media.

Heriyanti Heriyanti; Sandi Noel Rajagukguk; Samuel Sitinjak; Elvira Fitriyani Pakpahan

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

So it very well may be gathered that the land enlistment action interestingly brought about a declaration of confirmation of rights as an authentication of land allocates as of now have rights and a testament of proprietorship rights to condo units. Revelation is a validation of proof of rights as implied in Article 19 Paragraph (2) letter c of the UUPA for land rights, the chiefs rights, waqf rights, property rights over space units and security rights, all of which has been recorded in the land book concerned. ATR/BPN 1/2021 specifies that the execution of land enrollment which incorporates land enlistment interestingly and upkeep of land enlistment information should be possible electronically which will later be for this situation, the execution of land enrollment like estimating, planning, and clearing is as yet dependent on Article 19 section 2 of the UUPA, just the authoritative land enrollment testament delivered alludes to Permen ATR/BPN Number 1 of 2021 so this electronic land authentication doesn’t cancel or supplant the capacity of customary land endorsement (paper) which can likewise be a legitimate lawful proof of land proprietorship in the legal interaction. Both electronic and traditional testaments have a similar situation under the watchful eye of the law or can turn out to be lawfully substantial proof dependent on Article 5 passage 2 of the ITE Law.

I Gusti Agung Wisnu Satria Wangsa; I Gusti Ngurah Dharma Laksana

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

Indonesia is known as a state of law that has regulated various protections of ideas in the form of innovation and creativity that have various economic values ​​through many laws and regulations related to Intellectual Property Rights. This is very necessary because as we know Indonesia has enormous potential in the creative industry and abundant natural resources. The rapid development of the creative industry in Indonesia greatly contributes to the country's economic growth. Where it can be seen from year to year there are always updates and additions to the number of creative products both from young people and community groups engaged in entrepreneurship. The existence of UMKM and their policies have been implemented and used through several laws and regulations, in the context of developing the business climate, including Law No. improve the expertise and position and institutions of Micro, Small, and Medium Enterprises in the national economy. Various aspects and actions of the government covering many things in terms of production, marketing and branding are carried out so that MSMEs are able to compete in the national and international realm. economy through many laws and regulations related to Intellectual Property Rights. This is very necessary because as we know Indonesia has enormous potential in the creative industry and abundant natural resources. The rapid development of the creative industry in Indonesia greatly contributes to the country's economic growth. Where it can be seen from year to year there are always updates and additions to the number of creative products both from young people and community groups engaged in entrepreneurship. The existence of UMKM and their policies have been implemented and used through several laws and regulations, in the context of developing the business climate, including Law No. improve the expertise and position and institutions of Micro, Small, and Medium Enterprises in the national economy. Various aspects and actions of the government covering many things in terms of production, marketing and branding are carried out so that UMKM are able to compete in the national and international realm.

Adriansyah Adriansyah; I Wayan Bela Siki Layang

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

The spread of crime in cyberspace does not escape the crime of pornography, taking advantage of the large storage capacity that Telegram offers has provoked a number of ignorant people to use this social media to spread paid pornographic content. The purpose of this study is to examine and understand what criminal liability and compensation can be imposed on perpetrators of spreading and buying and selling negative content in the Telegram application. Writing scientific journal articles uses a normative research methodology, in which this research uses a statutory approach. The results of the study show that criminal liability that can ensnare perpetrators of pornographic crimes is regulated more specifically based on the principle of lex specialis derogate lex generalis in Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions.    

Fatmawati Wahab; Darmawati Darmawati; Hijrah Lahalling

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

This research is intended to examine and analyze the implementation of the fulfillment of children's rights in dealing with the law in the assimilation process. The type of research used in this study is a qualitative type with a normative method approach. Data collection techniques are carried out using review literature originating from statutory regulations, official records or treatises related to the discussion of a law. In addition, data collection was also carried out from several previous studies. The results of the study show that the current implementation is already under way but not yet fully in accordance with the principles of child protection. In addition, the fulfillment of the assimilation right given to correctional students should prioritize the provision of assimilation in the form of educational activities outside the fostering institution. This is so that children can adapt to the school environment when they finish serving their sentence.    

Sundari, Nata; Fadil Mutaqin; Shinta Pramudita Diah Pitaloka; Bentar Samudra Nusantara; Muhammmad Galih Irfansyah

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

In adolescence vulnerable to the influence of drugs. In these adolescents drugs can be introduced through association. Teenagers are also in a phase of searching for identity where they are curious. At this time they also began to be less supervised by their parents. This is because drugs have an unfavorable impact on mental and physical health as well as adolescents where teenagers are still of school age. so it is very important to conduct legal counseling regarding drug abuse to adolescents. So it is necessary to know the meaning of drugs, types of drugs, routes of drug use, the basic laws of drug abuse, and what are examples of drug abuse. The teaching method uses the focuser method, brainstorming, ranking exercises, group discussion forums, critical thinking, question and answer. The purpose of this writing is to find out how the law regarding drug counseling to teenagers in Cimindi. Apart from that, it is also to add insight to teenagers and so that teenagers can convey it back to the people around them. So that legal counseling can be useful for many people. So that legal counseling regarding narcotics can be a preventive measure to deal with drug cases in adolescents. This legal counseling activity was carried out for Cimindi youth, especially for hangout youth, youth organizations, and futsal children.

Salim Alidrus; Nur Mohamad Kasim; Waode Mustika

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

This research aims to provide knowledge to the community regarding the limitations for adopted children, especially in terms of inheritance, so that the community is not wrong in providing knowledge about adopted children. This research is a field research (Field Research), the data sources used are primary data sources collected through interviews, documentation and observation. Primary data is obtained directly from respondents regarding inheritance for adopted children in Islamic law and customary law, while secondary data is in the form of legal theories and norms as well as other supporting data obtained from literature, documentation and biographies. All of these data are materials to describe an overview of Islamic law regarding inheritance for adopted children in the perspective of customary law.                Based on the results of the research, it turns out that the Indigenous people of the city of Gorontalo, in giving their inheritance to adopted children, carry out the provisions of Islamic inheritance law and some carry out customary inheritance law. For people who implement Islamic law, the adopted child does not get an inheritance but gets assets in the form of a mandatory testament and may not exceed 1/3 of the assets left behind, while for people who use Javanese customary law they determine their own in accordance with the agreement in the deliberations of experts the heir concerned. It is better for people who adhere to Javanese customs to be given knowledge about Islamic inheritance law.

Khairatun Nisa; Harapan Tua RFS

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

The hospital is one of the organizations in the service sector that is engaged in efforts to improve public health. In addition, the hospital as oe of the subsystems of health services provides two types of services for the community, namely health services and administrative services. Therefore, as a hospital service institution, it is required to improve its service quality management continuously and continuously in various fields of service provided. So the Dumai City Hospital should be able to provide good service to pattiens with planned management for class B classified hospitals. The purpose of this study was to find out how the management of outpatient services in the field of pregnancy at the Regional General Hospital in Dumai City. This research method uses qualitative research methods with data collection thechniques using primary data and secondary data obtained from the results of observations, interviews, and documentation that the researcher analyzed in obtaining the data. This study uses the theory of Ratminto about service management, namely planning, implementation, and coordination. The results of the study indicate that the service management of the Dumai City Regional Public Hospital still has obstacles in its services such as training of workers who have not all received training, budget, facilities and infrastructure.

Aldi Rayuza; Farhan Agung Jaya; Zainudin Hasan

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

Seorang anak di saat usia remaja dan menjelang dewasa membutuhkan kasing dan dikarenakan atas potensi dri seorang ibu anak pad ornag tua sudah tidak perduli dan hal Ini menyebabkan permasalahan yang berat dari nilai dan aspek respon. Akan tetapi anak ini seharusnya bisa bermain selayaknya anak pada umumnya dan bukannya tidak diperdulikan. menyatakan pada penelitian kualitatif, pengumpulan data dilakukan pada natural setting dan teknik pengumpulan data lebih banyak pada pengumpulan berperan serta, menganalisa dark teori mendalam Pola karaktersitik anak dikota bandar lampung mempunyai hal peranan yang begitu kuat atas aspeknya namun, pola perilaku atas masalah ini yang terjadi pada anak di kota bandar lampung mempunyai dampak keragaman yang masaalag yang ada sehingga dari pola ini menjadi sebuah aspek pemahaman yang begitu aneka ragak pola dan tingkah laku. Permasalahan anak di bandar lampung, ini akan membuat dampak permasalahan yang panjang karena pola hal ini, akan membuat jangka yang sangat harus di maklumi namun dari dampak ini membuat cakupan penangana solusi ini harus bersifat kuat sistemnya. Untuk hal sistemnya keadaan anak jalanan setidaknya perlu di berikan hak mutlak seperti pendidikan, pekerjaan, dan sekolah.

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.

Winda Fitri; Rini Rini; Vanessa Angel; Erika Emilia Putri

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

Raj'I divorces is one of the applicable divorces in Indonesia, regulated in the Compilation of Islamic Law Article 117 and Law Number 1 1974 concerning Marriage which is outlined in the divorce. This article will discuss the relevance of the religious court regulation as a form of actualization of the settlement of Raj'I divorce which can be caused by many things, such as infidelity as happened based on decision Number 2143/Pdt.G/2022/PA.Btm located in Batam, Riau Islands, Indonesia, due to the betrayal of the husband, so they decided to divorce. This research also uses a qualitative approach and secondary data. The result of the research conducted is that the procedural law has clearly regulated and relevant to the regulation of raj'I divorces in Indonesia. This refers to the arrangement of raj'I divorces which is not only regulated through national law but also through Islamic law which has been in line with social, cultural and traditions in the community. The existence of raj'i divorce is only one of several types of divorce regulated through Islamic law and can be integrated with the Muslim community in Indonesia.    

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.

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.

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.

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.

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