Law Enforcement Against Illegal Parking Attendants as Perpetrators of Extortion Crimes With the Restorative Justice Method in the Jurisdiction of the Medan Sunggal Police
(Yolla Veronica Sembiring, Yasmirah Mandasari Saragih, T. Riza Zarzani)
DOI : 10.62951/ijls.v2i1.323
- Volume: 2,
Issue: 1,
Sitasi : 0 30-Dec-2024
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| Last.13-Aug-2025
Abstrak:
Extortion by illegal parking attendants is very troubling to the community, especially motorists, and law enforcement should be carried out. Based on the description above, the author is interested in making the problem a research entitled Restorative Justice as an Approach in Law Enforcement Against Perpetrators of Extortion Crimes. This journal aims to describe and analyze the factors that cause the crime of extortion and the role of restorative justice as a method of law enforcement against the perpetrators of the crime of extortion. The research method used in this study is empirical juridical research. There are several factors that cause the occurrence of extortion crimes, namely economic, environmental, educational, lack of supervision and law enforcement and lack of legal awareness in the community. The Medan Sunggal Police enforce the law through alternative or restorative justice. Restorative justice is the settlement of criminal cases by involving the perpetrator, the victim, the perpetrator/victim's family, and other related parties to jointly seek a fair settlement by emphasizing restoration to the original state, and not retaliation.
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2024 |
Policy on Formulation of Criminal Responsibility for Children in Conflict With the Law
(Dedy Ananta Ginting, T. Riza Zarzani. N, Rahul Ardian Fikri)
DOI : 10.62951/ijls.v1i4.192
- Volume: 1,
Issue: 4,
Sitasi : 0 12-Sep-2024
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| Last.06-Aug-2025
Abstrak:
Children are the next generation of the nation who need to receive guidance and protection to ensure their optimal physical, mental and social development. In its development, efforts to guide and protect children are often faced with problems and obstacles that ultimately lead to deviations in children's behavior. These deviations are often violations of legal norms and crimes by children. Children who are in conflict with the law must be held accountable for their actions, either through non-penal or penal processes. Regulations on child criminal acts are regulated in Law No. 11 of 2012 concerning the Juvenile Criminal Justice System. In principle, child protection is carried out based on the best considerations for children. The purpose of this study is to determine and analyze how the policy of formulating criminal responsibility for children in conflict with the law according to Law No. 11 of 2012 concerning the Juvenile Criminal Justice System; and to determine and analyze the policy of formulating criminal responsibility for children in conflict with the law in the future. This study uses a normative legal approach. The specifications of this study are descriptive analytical. The type of data in this study, namely secondary data includes primary legal materials in the form of laws and regulations and secondary legal materials in the form of book references and expert opinions. The data collection method used is the method of collecting data through literature studies. The analysis method used is qualitative analysis. The results of the study indicate that the criminal liability of children in conflict with the law according to Law No. 11 of 2012 is regarding the age limit of children who can be punished is 12 years, in the law there are also diversion efforts carried out before or even during the trial process, this is intended to minimize the punishment imposed on children (ultimum remidium). This process is carried out for the best consideration for children, because the effects of criminal law (stigmatization) are very bad for child development.
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2024 |
Corporate Criminal Liability for the Crime of Forgery of Export Documents According to Law of the Republic of Indonesia Number 17 of 2006 concerning Customs
(T. Riza Zarzani, Ismaidar Ismaidar, Sukardi Sukardi)
DOI : 10.62951/ijlcj.v1i3.122
- Volume: 1,
Issue: 3,
Sitasi : 0 03-Jul-2024
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| Last.06-Aug-2025
Abstrak:
Customs is everything related to the supervision of the traffic of goods entering or leaving the customs area as well as the collection of import and export duties. Based on this definition of customs, the Directorate General of Customs and Excise (DJBC) has a very strategic role in both supervision and service. Economic life between one country and another is increasingly interdependent so that legal provisions in the field of international trade and transnational business are increasingly necessary. As time goes by, the presence of corporations in the economy is like a double-edged sword. On the one hand, it can provide benefits for economic growth through state income in the form of taxes thereby increasing the country's foreign exchange and on the other hand, it can threaten state income because corporations often commit crimes to gain as much profit as possible by falsifying goods export documents. The 1945 Constitution of the Republic of Indonesia Article 1 paragraph 3 states that Indonesia is a legal state. In accordance with the concept of a rule of law, everything related to processes carrying out aspects of government power is based on law, including the law enforcement process in cases in the customs sector, especially in the export sector. This research uses normative legal research methods. Normative research is research carried out by examining library materials using data sourced from secondary data, namely primary legal materials, secondary legal materials and tertiary legal materials. Data collection in this research was carried out by document study and literature study. Then it is described qualitatively to make it easier to draw conclusions from the data. The aim of this research is to determine the factors that cause corporations to commit criminal acts of falsifying export documents and to find out what corporate criminal liability is for criminal acts of falsifying export documents according to Law of the Republic of Indonesia Number 17 of 2006 concerning Customs.
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2024 |
Criminal Sanctions Fine For Corporations as Performers of Criminal Acts of Corruption From the Perspective of the Theory of Dignified Justice
(Ismaidar Ismaidar, T. Riza Zarzani, Ongku Sapna Fella Hasibuan)
DOI : 10.62951/ijlcj.v1i3.121
- Volume: 1,
Issue: 3,
Sitasi : 0 03-Jul-2024
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| Last.06-Aug-2025
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Korganization in nation building is very significant. Corporations can be said to be pillars of the nation's economy. Corporations are very influential not only on economic aspects, but also social, political and other aspects. As time goes by, crimes committed by corporations arise. The Criminal Code which does not recognize corporations as legal subjects opens up opportunities for individuals to take advantage of this legal loophole. The regulations governing corporate responsibility currently in effect are considered less effective and efficient. Provisions that clearly regulate "corporate criminal liability" are still at the Draft Criminal Code stage. Based on the research results, it was found that the corporate responsibility system has several doctrines or theories in determining responsibility. These theories include "identification doctrine, aggregation doctrine, reactive corporate fault, strict liability and vicarious liability." This research aims to increase knowledge regarding criminal responsibility by corporations. This research supports the immediate ratification of the Draft Criminal Code as an answer to legal problems regarding criminal acts committed by corporations. The method used in this research is normative juridical, with data collection techniques namely literature study. The data obtained in this research comes from writings or scientific works in the form of books, journals, dissertations and other literature.
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2024 |
Application Of Criminal Law Against Corporations For Criminal Actions Of Tax Evavasion Based On Law Of The Republic Of Indonesia Number 28 Of 2007 Concerning General Provisions And Procedures For Taxation
(Ismaidar Ismaidar, T. Riza Zarzani, Muhammad Faiz Hadi)
DOI : 10.62951/ijsl.v1i3.116
- Volume: 1,
Issue: 3,
Sitasi : 0 27-Jun-2024
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| Last.27-Jul-2025
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Constitutionally, tax collection is regulated in Article 23A of the 1945 Constitution of the Republic of Indonesia which confirms that taxes and other coercive levies are for state needs as regulated by law. Tax regulations themselves are regulated in Law of the Republic of Indonesia Number 28 of 2007 concerning General Provisions and Tax Procedures. Tax is an official state levy on taxpayer citizens. What is meant by taxpayer is an individual or entity including taxpayers, tax holding agents and tax collectors who have tax rights and obligations in accordance with the provisions of tax laws and regulations. As time goes by and the development of economic globalization, there is a lot of potential for crimes or crimes in the economic sector committed by corporate business actors. The difficulty of holding corporations criminally liable results in many material and immaterial losses to the state. However, criminal liability in the form of strict liability can provide a solution to this problem. Where full corporate criminal liability (strict liability) states that corporations can be held criminally liable. This research uses normative research methods by taking a statutory approach and a conceptual approach. The data obtained in this research was through literature study by collecting data from secondary legal materials, namely primary data, secondary data and tertiary data related to the problem formulations that will be discussed in this research. Then the data obtained is analyzed and described qualitatively. The aim of this research is to determine the modus operandi of perpetrators in committing criminal acts of tax evasion based on Law of the Republic of Indonesia Number 28 of 2007 concerning General Provisions and Tax Procedures and to find out how criminal law is applied to corporations for criminal acts of tax evasion based on Law of the Republic of Indonesia Number 28 of 2007 concerning General Provisions and Tax Procedures.
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2024 |
Legal Analysis of Drug Traffickers Based on: Analysis of Supreme Court Decision Number 5832 K/Pid.Sus/2022
(Gita Suci Pratiwi, T. Riza Zarzani, Rahmayanti Rahmayanti)
DOI : 10.62951/ijls.v1i3.111
- Volume: 1,
Issue: 3,
Sitasi : 0 24-Jun-2024
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| Last.06-Aug-2025
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The 2009 Narcotics Law, also known as Law 35, demonstrates a clear intention to deter people from committing drug-related offences. To achieve this, the law applies stricter penalties, including the possibility of the death penalty, with minimum and maximum sentences set based on the severity of the threat posed by drug abuse and illicit trafficking. These measures are crucial in maintaining national security and safeguarding the resilience of our society. This research consists of a legal review of the criminal offence of drug trafficking and the eradication of drug trafficking in Indonesia. This includes an analysis of Supreme Court Decision Number 5832 K/Pid.Sus/2022. The research methodology used is normative legal research, with a descriptive approach. The data for this research is collected from primary and secondary sources through the literature research method. The death penalty is expressly mentioned as an appropriate punishment for serious drug offenders in Law Number 35 Year 2009 on Narcotics. The implementation of this punishment in Indonesia is essential to protect the state, society, and public interest. The act of trafficking narcotics poses a great threat to these three interests so it is justifiable to impose the death penalty on the perpetrators. In line with Supreme Court Decision Number 5832 K/Pid.Sus/2022, the author agrees with the decision of the panel of judges who revoked the defendant's acquittal and imposed the death penalty. This decision is very appropriate for drug dealers who continue to carry out illegal activities even though they have been imprisoned.
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2024 |
Criminal Law Sanctions for Illegal Logging of Forests Carried Out by Corporations Based on Law of the Republic of Indonesia Number 18 of 2013 concerning Prevention and Eradication of Forest Damage
(Ismaidar Ismaidar, T. Riza Zarzani, Arnovan Pratama Surbakti)
DOI : 10.62951/ijsl.v1i3.109
- Volume: 1,
Issue: 3,
Sitasi : 0 14-Jun-2024
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| Last.27-Jul-2025
Abstrak:
Forest areas are open natural resources that have potential and an important role in supporting human needs. However, as time goes by, natural resources in the forestry sector are starting to decline due to the large number of business entities or corporations carrying out illegal logging activities. If this is allowed to continue continuously, damage to Indonesia's forests will increase and will have a major impact on the economy due to decreased state income. The research method used in this research is a normative legal method which examines Law Number 18 of 2013 concerning Prevention and Eradication of Forest Destruction and other laws as research material by taking a statutory approach (Statute Approach) obtained from literature studies ( Library Research). This research aims to determine the impact of illegal logging carried out by corporations and to determine criminal legal sanctions for illegal logging carried out by corporations based on Law number 18 of 2013 concerning Prevention and Eradication of Forest Damage. From the problem formulations above, it can be concluded that corporate crime resulting from illegal logging activities is a major crime and is very dangerous and threatens the lives of humans, animals and plants.
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2024 |
Corporate Criminal Liability Against Pollution Environment Life
(T. Riza Zarzani, Ismaidar Ismaidar, Muhammad Mujahidin Za)
DOI : 10.62951/ijsw.v1i3.27
- Volume: 1,
Issue: 3,
Sitasi : 0 12-Jun-2024
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| Last.27-Jul-2025
Abstrak:
Environmental pollution that exceeds quality standards is often carried out by corporations. Law enforcement in the environmental sector, in addition to resolution through administrative law, also through the application of criminal law. In recent developments, law enforcement in the environmental sector has moved closer to a premium remedy . This research aims to analyze feasibility effective application of law in the environmental sector through normative legal research or library legal research using a juridical approach. In this research, it can be concluded that by implementing administrative sanctions against corporations, we should also apply criminal law to corporations that have repeatedly polluted the environment, so that the aim of the law, namely justice, can be accepted by the living creatures affected by it.
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2024 |
Application Of Criminal Sanctions Against Corporations For Human Trafficking In Indonesia
(Muhammad Safar, T. Riza Zarzani, Ismaidar Ismaidar)
DOI : 10.62951/ijsl.v1i3.107
- Volume: 1,
Issue: 3,
Sitasi : 0 12-Jun-2024
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| Last.27-Jul-2025
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In recent years, news about human trafficking both domestically and across countries has increasingly been broadcast in print and electronic media. The rise in crimes that occur is caused by various factors that encourage perpetrators to commit crimes. Human trafficking is a practice of modern slavery that degrades dignity and can threaten the survival of the general public. The target or targets of this trading practice are usually people who earn low income and have low education. It is important to know that this crime can be committed individually or collectively. It is said to be joint if it is carried out in the name of a business entity and in the interests of the corporation based on the work relationship and work environment of the corporation. Corporations as legal subjects for the criminal act of trafficking in persons are regulated in Article 13 of Law of the Republic of Indonesia Number 21 of 2007 concerning the Eradication of the Crime of Trafficking in Persons. The current obstacle is that the implementation or application of punitive sanctions against corporations is still not firm. This can be seen from the increasing number of cases where the perpetrator is a business entity or corporation. The method used in this research is a normative legal research method which examines legal materials such as books or articles that discuss human trafficking using secondary data for detailed analysis. qualitative. The aim of this research is to determine the factors that cause corporations to commit criminal acts of human trafficking in Indonesia and to find out how criminal sanctions are applied against corporations for criminal acts of human trafficking in Indonesia.
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2024 |
Corporate Criminal Liability In Environmental Pollution Crimes
(T. Riza Zarzani, Ismaidar Ismaidar, Mula Sihombing)
DOI : 10.62951/ijsl.v1i3.101
- Volume: 1,
Issue: 3,
Sitasi : 0 10-Jun-2024
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| Last.27-Jul-2025
Abstrak:
Corporate crime against the environment is a major crime and is very dangerous for human life. Even though there are laws that regulate forms of legal sanctions for corporations, in fact environmental pollution still occurs. In environmental criminal cases involving corporations, the principle of absolute responsibility should be applied, so that the application of absolute responsibility can be expanded. This means that the sanctions that will be imposed on the perpetrators are not only civil compensation claims but also criminal legal protection. Legal sanctions for corporations proven to have committed criminal acts of environmental pollution include imprisonment, fines and additional penalties. Law Number 32 of 2009 concerning Environmental Protection and Management states that the criminal act referred to is committed by or on behalf of a legal entity, company, association, foundation or organization, the threat of a criminal fine is increased by one third. The method used in this research is normative legal, namely research that refers to legal norms contained in statutory regulations, literature, legal norms that exist in society and the data obtained. The type of research used is qualitative research which is carried out by examining literature materials in the field of law and legislation relating to legal policies for corporations that commit criminal acts of environmental pollution. This research aims to determine criminal liability for corporations that are proven to have committed environmental pollution and to determine the factors inhibiting criminal liability for corporations that have committed environmental pollution.
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2024 |