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Mutawakkil Ibnu Arif; Mohamad Rusdiyanto U. Puluhulawa; Nuvazria Achir

Deposisi: Jurnal Publikasi Ilmu Hukum 2023 International Forum of Researchers and Lecturers

The aim of this research is to provide a clear picture of the handling of criminal acts of environmental pollution in waste processing at PT Royal Coconut Gorontalo.This research uses empirical legal research methods. Empirical legal studies themselves are studies that view law as reality, including social reality, cultural reality, and empirical studies of the world. This research took place at the Environment and Forestry Service of Gorontalo Province. The results of this research show that: Handling criminal acts of environmental pollution in waste processing at PT Royal Coconut Gorontalo has not been handled properly and correctly. Good and correct handling has not been implemented due to internal factors such as communication, supervision, individual, financial and others, as well as external factors such as community factors, law enforcement, culture, advice and infrastructure. Ineffective handling can have an impact on society. Waste from processing is very dangerous when it pollutes residents' areas, the impact that can be felt by the community is contracting disease and can even cause death if it is not handled according to waste processing procedures. Law enforcement against environmental pollution which triggers criminal acts in Gorontalo Province has not been implemented properly. This is due to several factors that have not been fulfilled optimally. This can be seen from various factors such as law enforcement not being optimal in terms of a persuasive approach, inadequate facilities and infrastructure with limited human resources, as well as community habits and culture which consider environmental pollution to be a normal and common occurrence.

Mohamad Apriyanto Mue

Deposisi: Jurnal Publikasi Ilmu Hukum 2023 International Forum of Researchers and Lecturers

This research aims to analyze the implications of business law on business ethics practices in Indonesia. The research method used is library research, where data is collected from various literature sources that are relevant to the research topic. The research results show that business law has an important role in shaping business ethical practices in Indonesia. Business law regulates the rights and obligations that arise from agreements and engagements in business practices. In addition, factors such as national development developments, business ethics, internal and external factors, and legal awareness influence the implementation of business law in ethical and responsible business practices. Therefore, the solutions and recommendations provided to improve the implementation of business law and ethical business practices in Indonesia include strengthening regulations, effective law enforcement, education and awareness, collaboration between government and the business world, transparency and accountability, and the establishment of a supervisory body. independent. It is hoped that the implementation of this solution can create a business environment that is fair, transparent and has integrity, as well as making a positive contribution to economic development and social welfare in Indonesia.  

Muhammad Tahta A.R; Weny A Dungga; Sri Nanang Meiske Kamba

Deposisi: Jurnal Publikasi Ilmu Hukum 2023 International Forum of Researchers and Lecturers

settlement of bad debts made by debtors, is a violation of the program credit distribution program against sulut-go bank which has generated a lot of speculation about the rules of civil law. The problem is the enforcement of the law against the debtor allegedly with the issue of the article on the crime of corruption article 2 paragraph 1. The purpose of this research is to find out thoroughly about the enforcement of bad credit in the review of civil law. bad credit in the review of civil law and judge's decision, the problem of bad credit, and default. and default. Bank Sulut-Go which is in limboto branch against debtors who have bad credit.  and discussion of the research that there is an imprudence that is done by the bank regarding the credit process by pledging something that does not belong to the debtor, but is processed.belonging to the debtor, but processed. Furthermore, that this contract occurs contract with a repayment duration that is not yet due but has already entered the court. The conclusion drawn by the researcher is that when a case that still has a contract it includes default and is a problem of bonding between people because it arises due to the cideranya promise, whose resolution path must be the civil realm. Default in bad credit can be recognized when there is an error, negligence, and willfulness.

Satrio Wicaksono Adi

Jurnal Hukum dan Sosial Politik 2023 International Forum of Researchers and Lecturers

Bahasa plays a very important role for people and society, for example by creating a tool to maintain the exchange of ideas between, among, or within groups of people within a particular group. Groups are also considered personal identities. Communication is an activity that unites, connects and builds relationships between many people. This scientific work aims to formulate the problem of the role of Indonesian in facing the era of globalization. This research uses a literature review method, which means this method examines the results of analysis of various conceptual information as well as qualitative and quantitative data from various previously published scientific articles. Almost all agreements in Indonesia are dominated by long sentences, up to eighty to one hundred words in one sentence. This is ironic, because Indonesian shouldn't be like that, thus showing clichéd mistakes that keep repeating themselves and lead to uncertainty. In short, understanding Indonesian is no longer the responsibility of a linguist or writer, but also of legal practitioners as the spearhead of law enforcement in Indonesia.

Endang Setyowati

Deposisi: Jurnal Publikasi Ilmu Hukum 2023 International Forum of Researchers and Lecturers

Cooperation between economic actors such as financial institutions is an embodiment of the concept of the rule of law in economic development. Financial institutions such as banks provide credit to the public but there are also credit risks. So Bank Indonesia issued Guidelines for Preparing Credit Policies (PPKPB) for Commercial Banks, on March 31 1995, through Bank Indonesia Directors' Decree No.27/162/KEP/DIR which contains credit agreements in standard form. The existence of standard clauses in bank credit agreements containing the debtor's obligations, which aim to protect the creditor's interests, is unfair to the debtor. For this reason, it is necessary to study the weaknesses in the regulation of default on agreements with guarantees of mortgage rights. This research is based on John Rawls's Theory of Justice and Lawrence M. Friedman's Legal System Theory. The research specifications are analytical descriptive, with a sociological juridical research type. Regulations on default on agreements with guaranteed mortgage rights have weaknesses in the legal structure aspect, namely the lack of synergy between law enforcement officials. Apart from that, there are weaknesses in the legal substance aspect, namely related to the provisions contained in Article 15 UUHT, as well as weaknesses in the legal culture aspect which can be seen from the public's lack of knowledge about credit agreements and the lack of socialization regarding legal regulations related to the basic principles of agreement law.

Nurwidya Kusma Wardhani; Irwan Triadi

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2023 International Forum of Researchers and Lecturers

This study aims to examine how law enforcement against illegal fishing and overfishing in the Indonesian ocean region is carried out by "Foreign Countries" such as Malaysia, Vietnam and other countries. We know that marine resources, in this case fisheries in Indonesia, are one form of the country's "defense" aspects. Indonesia's Exclusive Economic Zone or called ZEEI in the North Natuna Sea is an area that is often the case. For example, Indonesia there will be arrests of Vietnamese – flagged fishing vessels in early 2023 and until November 2018 the Indonesian Government had handled 134 illegal fishing cases and 41 of them had permanent legal force. Illegal fishing itself is often associated with large-scale fishing or overfishing thatresults in damage to the underwater ecosystem. Underwater ecosystems will become extinct if illegal fishing and overfishing cases are not seriously handled by the Government and Law Enforcement Officials. Foreign ships of illegal fishing and overfishing can be sanctioned in the form of violations of Law Number 31 of 2004 concerning Fisheries as amended by Law Number 45 of 2009 with the threat of a maximum prison sentence of 6 years and a maximum of Rp 20 billion rupiah. Also in the 1945 Constitution of the Republic of Indonesia mandates in article 27 paragraph (3) and article 30 paragraph (1) that state defense and security are the rights and obligations of each citizen to participate in the national defense and security effort and defending the country. The data collection method

Fahrian Nurhidayat; Hervina Puspitosari

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2023 International Forum of Researchers and Lecturers

The crime of falsifying land certificates is an unlawful act that intends to take over the rights to land ownership from the victims. This land certificate forgery case is a rare or little case encountered by the General Criminal Investigation Directorate of the North Maluku Regional Police because so far the cases that have been entered are from reports of people who are victims of land certificate forgery. The purpose of this study is to know and analyze the form of law enforcement in the criminal act of land certificate forgery and also find out what are the obstacles experienced by police investigators of the Directorate of General Criminal Investigation of the North Maluku Regional Police when carrying out their duties as well as with efforts made by police officers, especially investigators to overcome obstacles in law enforcement of land certificate forgery crimes. The method used is in the form of an empirical juridical method with primary data sources that the author found through interviews with members as well as auxiliary investigators at the General Criminal Investigation Directorate of the North Maluku Regional Police along with secondary data. With data analysis methods in the form of qualitative analysis methods, where data obtained through collection methods such as interviews with resource persons and observation of reality in the field which will then be drawn conclusions. It should be noted that law enforcement in the crime of forgery of land certificates still has many obstacles such as loss of evidence, long summoning of witnesses, search and seizure permits and low legal error in the community.    

Irwan Triadi; Nurrachma Maharani

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2023 International Forum of Researchers and Lecturers

The military intervention carried out by the Indonesian National Army (TNI) in the conflict in Intan Jaya Regency, Papua, has raised serious concerns regarding compliance with legal standards and human rights (HAM). The actions of the Indonesian National Army (TNI) which resulted in the deaths of three Papuans raise doubts about respect for individual rights to life and security. In conflict situations, it is important to ensure that human rights, especially the right to life, are respected and protected. For example, in Law no. 34 of 2004 which regulates the use of weapons by the Indonesian National Army (TNI) in peaceful conditions, allows the use of weapons only with written permission from superiors and in the context of maintaining security and requested. In the context of this case, the shooting at the Sugapa Community Health Center did not have written permission from the Indonesian National Army (TNI) superiors, which is a serious violation of law. This violation raises questions about the accountability of security forces and the need for law enforcement in cases of gun shooting by members of the Indonesian National Army (TNI) outside of emergency situations. The situation in Papua creates ongoing challenges. Armed groups in the region often threaten national security and the safety of security forces. In the face of serious threats to state sovereignty, the government, and the Indonesian National Army (TNI) may feel forced to take decisive action. However, these actions must still comply with legal and human rights standards and ensure that human rights and the right to life of individuals are fully respected. This research is normative in nature with a focus on analysis of the legal framework that regulates the use of weapons by the Indonesian National Army (TNI). Normative research methods are used to state consistency and compliance with applicable regulations. Through this approach, the research aims to provide a legal perspective on erasure actions in Papua, as well as asking whether these steps are in accordance with applicable legal and human rights principles. It is hoped that the results of this research will provide a basis for recommending improvements to policies and actions that support law enforcement and human rights protection in the context of conflict in Papua

Muh. Iksan Putra Kai; Dian Ekawaty Ismail; Suwitno Yutye Imran; Suwitno Yutye Imran

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2023 International Forum of Researchers and Lecturers

This research aims to find out what the judge's forgiveness policy (rechterlijk pardon) is in the New Criminal Code, to find out how the rechterlijk pardon formulation in the Dutch Criminal Code compares and to find out what the challenges of rechterlijk pardon (judge's forgiveness) will be in the future. The research method used is juridical-normative with a statutory approach and a case approach. The research results show that Rechterlijk Pardon puts a different concept in giving space to judges in handing down guilty decisions without criminal penalties. Before being ratified, the principle of judge forgiveness was already used in several countries, for example the Netherlands. Even judges in Indonesia have made several decisions that contain the value of the judge's forgiveness. In connection with the analysis of Rechterlijk Pardon's challenges, it is viewed from the perspective of law enforcement and legal culture in society.    

Syifa Lailia; Sri Hadiningrum

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2023 International Forum of Researchers and Lecturers

Indonesia's legal system continues to be predominantly influenced by modern laws introduced by European countries, creating a distinctive character within the Indonesian legal framework. The familial nature of Indonesia's legal system tends to prioritize form over substance, paying less attention to moral aspects. This raises issues related to the imbalance of humanitarian values within the legal system. Despite its status as an independent and sovereign nation, Indonesia still grapples with cases of dishonesty and ethical violations in law enforcement. Therefore, this research aims to compare the judicial systems of Indonesia and Malaysia using a normative legal research method. The comparison reveals the complexity and uniqueness of legal development in both countries. Indonesia, inheriting Dutch civil law, has a court structure that separates general, religious, administrative, and military jurisdictions. In contrast, Malaysia, blending English law with Islamic and customary law, demonstrates strong diversification in court forms and jurisdictions. These differences reflect legal adaptations to history, culture, and the needs of local communities. While both systems have strengths and weaknesses, there is room for improvement in terms of dispute resolution efficiency and jurisdictional clarity.

Faradistia Nur Aviva

Jurnal Relasi Publik 2023 International Forum of Researchers and Lecturers

The influence of the theory or understanding of legal positivism and legal utilitarianism affects law enforcement, especially in Indonesia, so that it is known as positive law.  The view of legal positivism in law enforcement is limited to enforcing the sound of laws that emphasize justice in it. Benefit and legal certainty should not be abandoned so that it gives rise to a utilitarianisme view that is more on benefit and legal certainty which is part of law enforcement in Indonesia. That way the author will examine the paradigm between the theory of legal positivism and the theory of legal utilitarianism and how the theory affects law enforcement in Indonesia. These two theories have an influence on law enforcement in Indonesia where legal positivism theory emphasizes justice and legal utilitarianism theory emphasizes legal certainty and expediency. In addition to the benefits of these two theories have weaknesses where the theory of legal positivism is more focused on existing rules while the theory of legal utilitarianism views a psychological approach. So that both of them certainly need the right pull so that the composition of the application in law enforcement in Indonesia can fulfill the principles of law.

Marbun, Hissah Kristina; Lala Anggina Salsabila; Tatiadinata Saragih; Parlaungan G. Siahaan; Dewi Pika Lbn Batu

Jurnal Relasi Publik 2023 International Forum of Researchers and Lecturers

This article aims to examine what law enforcement is like in class 1 narcotics crime cases and based on Law of the Republic of Indonesia Number 35 of 2009 concerning narcotics which has been proven. This research uses the method. This research was carried out by examining the main problem through a juridicalnormative approach so that in terms of its type, this research is normative legal research. The scope of normative legal research in this research is limited to legal history in the form of court decisions that have permanent legal force against narcotics abusers in the jurisdiction of the Medan District Court.

Gita Amalia S. Aru; Nirwan Junus; Dolot Alhasni Bakung

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2023 International Forum of Researchers and Lecturers

Sexual violence is a serious problem that affects many individuals throughout the world. In this context, drivers associated with acts of sexual violence are often the focus of attention. The responsibility of third parties, such as transportation service providers or application platforms, can be an important factor in providing compensation to victims who have experienced sexual violence by drivers. This research aims to analyze the responsibilities of third parties, especially companies providing transportation services or application platforms that facilitate meetings between drivers and passengers, in providing compensation to victims of sexual violence. This research uses an analytical approach by collecting data and information related to the policies and practices implemented by the Maxim company. The results of the analysis show that the responsibility of third parties, in this case Maxim, has an important role in providing compensation to victims of sexual violence. Maxim is expected to have a clear and transparent policy in handling reports of sexual violence involving their drivers. They should also provide safe and reliable communication channels for victims to report incidents. Apart from that, Maxim must also ensure that there is a fair and thorough investigation process for reports of sexual violence. They must cooperate with law enforcement authorities to ensure that legal action is taken against drivers involved in sexual violence. In addition, Maxim must provide support and assistance to victims of sexual violence, including access to counseling and mentoring services. This research concludes that the responsibility of third parties, such as Maxim, is very important in providing compensation to victims of sexual violence by drivers. Such companies must have clear policies, effective procedures, and open channels of communication so that victims feel heard and protected. In an effort to prevent sexual violence, such companies must also continue to increase awareness and training for their drivers regarding policies and prohibited actions in the context of sexual violence.

Jekson Saragih; Esra Natasya Br Sitepu; Reh Bungana Br PA; Maulana Ibrahim

Deposisi: Jurnal Publikasi Ilmu Hukum 2023 International Forum of Researchers and Lecturers

Corruption crimes that occur in Indonesia are increasingly developing in various sectors and are not only carried out by individuals but by corporations. However, the fact is that law enforcement still rarely touches cases of crimes committed by corporations, let alone holding these corporations accountable. The problems raised in this paper are: 1) What is the criminal responsibility of corporations as perpetrators of criminal acts of corruption in the case of the Nanti Agung road improvement project, Seluma Regency. 2) What were the judge's legal considerations in sentencing 8 suspects, including the former Head of the Seluma DPU Department? The approach method used in this research is literature study. Based on the research, the following results were obtained: 1) Corporate criminal liability as perpetrators of criminal acts of corruption in the case of the Nanti Agung road improvement project, Seluma Regency is the imposition of criminal liability on 8 suspects including the former Head of the Seluma DPU Department. 2) The basis of the judge's legal considerations in sentencing to 8 suspects, including the former Head of the Seluma DPU, was that the elements of the Corruption Crime were fulfilled, juridical considerations, as well as aggravating and mitigating factors. The author believes that the appropriate model of criminal liability is the imposition of criminal liability on corporations and corporate managers, so that there is a deterrent effect for corporations.

Maria Clara Elfrisma Manalu; Paiman Nadeak; Ray Dinho Simatupang; Parlaungan Gabriel Siahaan; Dewi Pika Lumban Batu

Jurnal MIMBAR ADMINISTRASI 2023 Universitas 17 Agustus 1945

Criminal law consists of regulations. which determines what is prohibited and what is permitted in criminal cases, and determines the punishment that can be given to people who commit them. It is easy to measure the success of Indonesia's legal reform. One of the criminal acts of theft that is often considered to occur very often is motorbike theft. Motorbikes are an important means of transportation for most Indonesian people because the price is affordable for most people with middle to lower incomes, where the increase in the number of motorized vehicles is in line with the increase in the number of crimes involving motorbikes which has led to the crime of motorbike theft. The author uses qualitative legal research with secondary data sources in this research. In this article, the research method used is the normative news method. The Police of the Republic of Indonesia have direct authority to carry out all criminal acts, including theft with violence. This is in accordance with the police's duty to maintain security and public order, protection, protection and community service, as well as law enforcement. In the law enforcement process, efforts are made to uphold functions with legal norms as guidelines for behavior in traffic or legal relations in society and the state where there are perpetrators who commit the criminal act in question, in the sense of people who, with some intention or something unintentional, as required by law, have left a consequence of climbing the law whether it is subjective elements or other elements and in article 362 of the Criminal Code it is explained that the act of taking an item which in whole or in part includes a statement by another person with the intention of possessing the item in violation of the rights.

Dimas Yuliyan Saputro; Fadilah Nur Afifah

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2023 International Forum of Researchers and Lecturers

The Mirna Salihin case has become one of the most horrendous events in the Indonesian legal system. On January 6, 2016, a young woman named Mirna Salihin died mysteriously after drinking coffee at a prestigious cafe in Jakarta. Mirna's tragic death shocked the public and became the center of media attention, raising big questions about the cause of death as well as whether an autopsy should be performed to uncover the real truth. The Mirna Salihin case became controversial due to the allegation that Mirna's death was caused by cyanide poisoning, a deadly poisonous substance. The fundamental question arises: What is the role of autopsy in solving murder cases? This triggers a conflict of dissent that must be explained and understood in greater depth. This journal aims to shed light on the key evidentiary challenges posed by autopsy irregularities, and provide insight into how this case became a dilemma for the legal process. The research utilized qualitative methods by collecting data from media news analysis. The final conclusion highlights important warnings about the difficulties and the need for change in the law enforcement and forensic systems.

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.

Cici Cahyani Lamunte; Erman I Rahim; Julius T. Mandjo

Deposisi: Jurnal Publikasi Ilmu Hukum 2023 International Forum of Researchers and Lecturers

The purpose of this study is to analyze the implementation of community participation in the application of Gorontalo District Regulation Number 04 of 2014 concerning the Control of Livestock in Ilomata Village and the factors that influence it. The research method used in this research is empirical legal research. The results of this study indicate that the implementation of community participation in the Implementation of Regional Regulations of Gorontalo Regency Number 04 of 2014 concerning Controlling Livestock in Ilomata Village has not been optimal because socialization in the formation and implementation of regional regulations has not been thorough and breeders have not fully known and understood these regional regulations. Enforcement of regional regulations is also not fully optimal and the provision of livestock facilities is inadequate.

Maria Oktarina Ojastika Dirman; Nikolas Manu; Deddy R.Ch. Manafe

Deposisi: Jurnal Publikasi Ilmu Hukum 2023 International Forum of Researchers and Lecturers

Juvenile delinquency in Kupang City is very diverse, one of which is illegal racing. Teenagers who indulge in this behaviour do not care about the safety and security of themselves or other road users. The purpose of this research is to analyse the juridical sociology review of illegal racing cases in Kupang City. This type of research is empirical juridical research. The type and source of data used are primary data, namely data obtained directly from the research location through direct interviews with respondents. The data is analysed descriptively qualitative. The results of this study indicate that the factors that cause a lot of illegal racing in Kupang City are sociological factors consisting of environmental factors and betting factors. Psychological factors consisting of adolescent personality factors and hobby factors. Efforts made by investigators against the perpetrators of illegal racing in Kupang City are carried out in two ways, namely, preventive efforts and repressive efforts. It is hoped that teenagers have legal awareness and it is hoped that police officers, especially traffic police, will be more assertive in sanctioning teenagers who often commit traffic violations, especially illegal racing violations, so that there is a deterrent effect for the perpetrators.    

Dwinanda Linchia Levi Heningdyah Nikolas Kusumawardhani

Jurnal Suara Pengabdian 45 2023 LPPM Universitas 17 Agustus 1945 Semarang

Traffic problems are problems faced by developed countries as well as developing countries like Indonesia. However, in Indonesia, the problems that are often encountered nowadays are becoming more severe and bigger than in previous years, including accidents, congestion and air pollution as well as traffic violations. There are at least three factors that influence traffic law enforcement, namely: Judicial Factors, Law Enforcement Factors and Community Legal Culture Factors. In order for the law to have an influence on attitudes or behavior, certain conditions are required, namely: the law must be communicated; position to behave, meaning the things that motivate people to behave in a certain way. Fines alone are not effective in building a culture of safe driving. The government needs to make legal breakthroughs, both in the legal drafting aspect and the system that regulates implementation in the field.