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Abdul Malik Mufty

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

Sentencing must take into account juridical and sociological aspects to provide a deterrent effect and benefit society. In Law no. 1 of 2023, the death penalty is regulated as a last resort for serious crimes, in accordance with human rights principles and Islamic legal views. This research uses a normative method with a statutory approach to examine the death penalty in Law no. 1 of 2023 and compare it with Islamic law. The death penalty in Law no. 1 of 2023 is regulated in Articles 64 and 67, no longer as a basic crime but as a last alternative for extraordinary crimes that threaten life, with stricter implementation because it refers to the ratification of the ICCPR. In Islamic law, the death penalty applies to murder, adultery (for married perpetrators), armed robbery and rebellion, with the principle of qishash as the main basis.

Adrianty Charmelita Valentine Mali; Deddy. R. CH. Manafe; Rosalind Angel Fanggi

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

Health is a state of health, both physically, mentally, spiritually and socially that allows everyone to live productively socially and economically. Health is based on legal provisions, including health law. The development of criminal acts in the field of health sciences One of the crimes in health law that is rampant is the crime in the field of pharmacy, one of which is circulating pharmaceutical preparations of drugs without a distribution permit. Drugs without a distribution permit cannot be freely traded to the public. This is not without reason, unlicensed drugs must be consumed in the right dosage so as not to endanger the health of the public or the people who consume the drug. This research is a normative juridical research using secondary data through literature studies, namely by using research on various sources of books, laws and regulations related to the crime of producing and distributing pharmaceutical preparations without a distribution permit. From the research conducted, it can be concluded that the application of criminal sanctions against criminal offenders who circulate pharmaceutical preparations without a distribution permit is contained in several laws and regulations, namely, Law No. 17 of 2023 concerning Health and Law No. 36 of 2009 concerning Health as a means of crime prevention. The implementation of this law is expected to ensnare the perpetrators of the crime of distributing pharmaceutical preparations without a distribution permit.

Dewi Amalia

Majelis : Jurnal Hukum Indonesia 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This article discusses a theoretical study of impoverishment punishment for corrupt perpetrators. Corruption is considered a planned crime that has a negative impact on the state and society and requires decisive action to eradicate it. This survey revealed that the majority of students think that impoverishment punishment, which is expected to have a deterrent effect compared to prison sentences, can be an effective preventive effort in eradicating corruption. The students also emphasized the importance of returning assets to the state to compensate for losses due to corruption. The view of the death penalty for corruption perpetrators is now considered irrelevant, because the focus is on recovery economy and justice. This study shows that a stricter and more systematic approach is needed in eradicating corruption, including stricter regulations, proper asset management, and educating the public about the negative impacts of corruption. Thus, this article presents an understanding of sharing perspectives. The younger generation can help create more effective anti-corruption policies in Indonesia.

Rizki Maulana Syafei; Ikram Ibrahim; Nabila Rizq Wildanbati

Prosiding Seminar Nasional Ilmu Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research examines the problem of law enforcement against abstention behavior in elections in Indonesia, with a focus on punishment for abstention behavior that does not vote and does not come to the polling station. The background of this research is the legal vacuum arising from the current election law enforcement system, which is characterized by the ups and downs of the abstention rate that occurs. In 2004 the abstention rate amounted to 20.24%, in 2009 the number of abstentions increased to 25.19%, in 2014 the number of abstentions increased more drastically to 30, 22%, while the last in 2019 the number of abstentions decreased to 18.03%. The purpose of this research is to evaluate the implications of abstention on democratic development and to provide sanctions regulations in the form of administrative and criminal sanctions for abstainers who do not come to the polling stations. The research method used is descriptive qualitative analysis, by examining relevant primary and secondary data. Data was collected through literature study, and analysis of related documents. The results of this study show that abstention is an act that is not allowed by a country. Abstention behavior can reduce the level of election participation and the level of legitimacy as a prerequisite for the state as a democracy. Thus, it is necessary to reform the regulations under citizens who abstain from coming to the polling stations must be subject to punishment in the form of both administrative sanctions and criminal sanctions which will be related to policies submitted to the legislators.

Felix Eka Firtin Smit Kandun Mas; Sagung Putri M. E. Purwati

Referendum : Jurnal Hukum Perdata dan Pidana 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Writing journal about "death penalty from a criminal and human rights perspectiveis " is to find and describe how the application of death penalty to date, in which there are several countries that apply it to as a payment and even the punishment must be accepted by someone who has violated the provisions of regulations in a country. There are Countries Applied death penalty include China, Saudi Arabia, Iran, the Indonesia and United States. In all countries there are various types of capital punishment, but the most commonly used are shooting and death row Implementation of death penalty in the Criminal Code is only regulated by Article 11 with the compiler R. Soesilo As the formula: the execution of death penalty is imposed by a judicial institution within the military court or general court, with a procedure of being shot to death in accordance with the provisions of Law No. 2 (PNPS) of 1964 However, death penalty contradicts of notion by human rights as described in article 3 of the DUHAM which states that the most extreme form of violation of the right to life is killing or injuring a person or group of people physically or mentally.

Mohammad Syaiful Aris; Vega Dinda Ardian

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

Detention Center/Prison is an institution where defendants who are undergoing trial are held and where criminal sentences are carried out for law violators in Indonesia. In the detention center/prison there are of course rules and regulations that apply to inmates. These provisions are contained in Law 32 of 1995 concerning corrections. Placement in solitary confinement is a form of disciplinary punishment for violators. Silence is given to convicts who are proven to have committed light category offenses more than once or have committed offenses at the moderate level. The aim of implementing silent closure is so that violators can reflect well on their mistakes and are expected not to commit further violations in the future. Because after this, if they commit a violation, the consequences will be more severe.

Khoirul Tamam; Tajul Arifin

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

Flogging punishment in Aceh has received great attention in the context of law and human rights. This study aims to determine the practice of flogging punishment in Aceh in terms of hadith and Law No.39 of 1999. Through a comparative analytical approach, it examines hadith related to flogging punishment in the context of Islam, especially Islamic history, and compares it with legal provisions. Contained in the Indonesian Human Rights Law No.39 of 1999. The study also examines the practice of corporal punishment in Aceh and its impact on society. The results reveal differences in interpretation of Islamic historical hadith and law enforcement in Aceh, as well as questions regarding adherence to human rights principles. The discussion aims to highlight the challenges and implications from a religious and legal perspective regarding corporal punishment in Aceh. The study provides valuable insights into understanding the complex power relations between religious traditions, positive law and human rights in specific local contexts

Helda Okta Havifah; Somawijaya Somawijaya; Rully Herdita Ramadhani

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

This research aims to analyze the judge's considerations regarding the circumstances of mitigating the sentence in the Supreme Court decision Number 813k/Pid/2023 based on the principle of proportionality of punishment. The principle of proportionality of punishment is a principle of criminal law which demands that the punishment given must be proportional to the error committed by the convict. The research method used is a literature study by collecting and analyzing data from relevant Supreme Court decisions as well as theoretical reviews related to the principle of proportionality of punishment. The research results show that the judge's consideration of Inspector General Ferdy Sambo's service as a member of the National Police as a mitigating circumstance was appropriate. Although theoretically, a person's service should not be used as a reason to mitigate punishment, in practice, the service of a defendant is often considered in court decisions in Indonesia. However, the judge's consideration of merit as a reason for mitigating punishment in this case was not sufficient to reduce the reproach attached to the defendant, especially with his state apparatus status. Therefore, the decision of the panel of judges to change the sentence to life imprisonment was wrong and not in accordance with the principle of proportionality

Yunitra Marlinda Mau; Orpa G Manuain; Darius A Kian

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

The purpose of this study is to analyze the imposition of penalties under the minimum criminal threat against perpetrators of corruption extortion by civil servants (PNS) at the Class III port of Larantuka, East Nusa Tenggara (Case study: Kupang District Court Decision Number 17/Pid.Sus-Tpk/2017/Pn.Kpg). This research is a normative juridical research which means that the author does not use samples and data collection is carried out by the library method, with the object of study. After the data is obtained, the author will analyze juridically normative data obtained on the object of study. The corruption case of I Wayan Adisucipto SN was proven to have violated Article 12 letter e Jo Article 12 A of Law No. 31 of 1999 jo Law No. 20 of 2001 concerning Eradication of Corruption, which states a maximum of 20 years in prison or life imprisonment and a minimum of 4 years, but in reality the judge imposed a prison sentence of only 5 months, the decision imposed by the judge that is not considered according to / based on the law will be null and void. The imposition of a 5-month sentence for the defendant by the judge in Number: 17/Pid.Sus-Tpk/2017/Pn.Kpg is not in accordance with the punishment system. From this research, the author can conclude that the Judge's consideration is not based on the provisions of the legislation, namely Article 12 letter e jo Article 12 A Paragraph (2) of Law No. 31 of 1999 Jo Law No. 20 of 2001 concerning Eradication of Corruption which is a minimum imprisonment of at least 4 (four) years and a maximum of 20 (twenty) years so that it is contrary to the applicable law.   

Siti Durotunnafisah; Umi Nuris Sholikah; Winda Ardila

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

Football matches are one of the most popular sports matches in Indonesia. Victories between leagues are often awaited with great enthusiasm by some sports fans. However, in practice, there are incidents that are carried out by individuals to achieve certain goals in a match while fixing the future score. Match Fixing or match fixing is during a match to gain financial or sporting advantage. This action is indirectly an act of bribery which can be subject to the crime of bribery in accordance with Law Number 11 of 1980 concerning Bribery

Yemima Nyimas Polanjaya; Mut Maynah; Eva Dwi Kurniawan

Student Scientific Creativity Journal 2024 Pusat Riset dan Inovasi Nasional

The purpose of writing this journal is to analyze the psychological subject of Raskolnikov, the main character in Fyodor Dostoevsky's novel Crime and Punishment from the perspective of psychoanalytic theory. This journal outlines an in-depth psychological analysis of the characters and context of Fyodor Dostoyevsky's novel "Crime and Punishment". This novel tells the story of a poor student named Rodion Raskolnikov, who decides to plan the murder of an old woman, which he thinks is an event that can bring social benefits. Throughout the story, Raskolnikov experiences inner conflict and is overcome by feelings of guilt. This journal also outlines the ideas of psychological theory that can be applied to understanding Raskolnikov's character, including the concepts of desire, inner conflict, and moral conflict. The author also examines the impact of psychological concepts such as psychoanalytic thinking and wisdom on human behavior in the context of this journal. The results of the analysis show that this novel is a deep reflection on the complexity of human psychology, depicting the tension between desire, morality and common sense considerations. Overall, the novel invites readers to reflect on the nature of crime, punishment, and human wisdom through a deep psychological lens.

Syahla Putri Raharyanti; Lies Sulistiani; Rully Herdita Ramadhani

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

The Application of Justice Collaborator in the crime of premeditated murder is still considered unclear, this is based on the provisions in Law Number 31 of 2014 concerning the Protection of Witnesses and Victims, as well as SEMA Number 4 of 2011 which explains that a witness to a perpetrator who is a worker can appear in a confrontation at certain or special types of cases. These pros and cons reappear because a Justice Collaborator has the right to obtain leniency as a form of legal protection for perpetrator witnesses, even though the perpetrator is an important person in the case yet he is not an intellectual actor. Research shows several regulations governing Justice Collaborators, but they are not yet rigid and have finally expanded their meaning in their application. The provisions regarding the implementation of Justice Collaborator are considered to have an important existence in the criminal system.