Penerapan Hukum Positif Indonesia terhadap Tindak Pidana Penyanderaan Warga Negara Asing di Indonesia
(Nurmagfirah M Zain, Mohamad Rusdiyanto U. Puluhulawa2, Julisa Aprilia Kaluku)
DOI : 10.62383/referendum.v1i3.103
- Volume: 1,
Issue: 3,
Sitasi : 0 11-Sep-2024
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This research aims to determine the application of Indonesian positive law to the crime of taking foreign citizens hostage in Indonesia. This research is classified as normative legal research with a statutory approach and a case approach. Legal materials are collected through literature study, then analyzed prescriptively. The research results show that the criminal act of taking foreign citizens hostage, in this case a pilot from New Zealand in Indonesia, is an unlawful act. The legal regulations that were violated by the crime of taking hostages were Article 6 of Law Number 5 of 2018 concerning Amendments to Law Number 15 of 2003 concerning the Establishment of Government Regulations in Lieu of Law Number 1 of 2002 concerning the Eradication of Criminal Acts. Terrorism Becomes Law and Article 451 of Law Number 1 of 2023 concerning the Criminal Code.
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2024 |
Tindak Pidana Fidusia Dan Penegakan Hukumnya di Kota Gorontalo
(Dwi Intan Lestari Ahmad, Lisnawaty W Badu, Julisa Aprilia Kaluku)
DOI : 10.62383/terang.v1i3.354
- Volume: 1,
Issue: 3,
Sitasi : 0 14-Jun-2024
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This research discusses the effectiveness of law enforcement against fiduciary crimes in Gorontalo City and the factors that influence its enforcement. The method used in this research is empirical, using field data and facts, and analyzed descriptively qualitatively. Based on the research results, law enforcement against fiduciary crimes in the city of Gorontalo has not been effective, this is due to a trend of increasing and increasing cases from year to year (from 2022 to 2023). Based on the existing case data regarding fiduciary crimes from year to year, where in 2020 there were 17 cases and in 2021 there were 45 cases, it can be said that this has increased by almost 300% (percent). Meanwhile in 2022 there will be a decrease from 45 cases to 30 cases. This means that it only experienced a decrease of around 35% (percent) compared to the previous large increase. However, this number then increased again to 54 cases in 2023 (until August), so that the upward trend this year is around 95% (percent). Based on this, law enforcement against this criminal act has not been effective because it has not completely decreased every year but instead there has been a significant increase. Factors that influence law enforcement for fiduciary crimes at the Gorontalo City Police Department are the identity of the perpetrator being unclear and running away, collateral objects that are difficult to trace, as well as inadequate human resources and infrastructure.
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2024 |
Pengaruh Penjatuhan Sanksi Terhadap Pelaku Tindak Pidana Persetubuhan Anak Pada Putusan Nomor 4/Pid.Sus-Anak/2022/PN.Lbo
(Nurfadhila Apriliani Mohamad, Lisnawaty W. Badu, Julisa Aprilia Kaluku)
DOI : 10.62383/amandemen.v1i3.299
- Volume: 1,
Issue: 3,
Sitasi : 0 04-Jun-2024
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This research aims to analyze the effect of imposing sanctions on perpetrators of the crime of child sexual intercourse in decision number 4/pid.sus-anak/2022/PN.Lbo. This research is normative research by dissecting problems related to rules or norms, principles and regulations as well as court decisions, and analyzed descriptively. The research results show the factors that influence the judge in handing down decision number 4/Pid.Sus-Anak/2022/PN.Lbo regarding the crime of child sexual intercourse, seen from both juridical and non-juridical aspects, which pay attention to the charges given by the public prosecutor, the facts of the trial and is based on two valid pieces of evidence, namely the testimony of the witness and the defendant. Non-juridical considerations are that the perpetrator admits his actions and mistakes, promises not to repeat them; the perpetrator has never been convicted and makes a statement that he will be responsible for what he did; and act kindly and politely during the trial. Therefore, judges in examining sexual relations cases must be more proportional and prioritize conscience, especially in terms of providing protection to victims, considering the long-lasting effects on the future of children and the nation. Parents are expected to increase supervision and vigilance towards their children, especially girls so that they do not become victims of criminal acts. Apart from that, society and the government are expected to maximize the role and function of protecting children as the next generation
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2024 |
Analisis Putusan Tindak Pidana Pemerkosaan Pada Anak Di Bawah Umur
(Syifah Aziza Ismail, Lisnawaty W. Badu, Julisa Aprilia Kaluku)
DOI : 10.62383/amandemen.v1i3.300
- Volume: 1,
Issue: 3,
Sitasi : 0 04-Jun-2024
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This research aims to analyze the Decision of the Limboto District Court Number: 115/PID.sus/2022/PN.LBO concerning the Crime of Rape. This research is normative research with a statutory approach and a case approach, which is analyzed descriptively. The research results show that Decision Number 115/Pid.Sus/2022/Pn.Lbo is viewed from the aspect of certainty, namely, the decision does not reflect the principle of legal certainty. Considering that Article 81 (Paragraph 3) imposed in the indictment and verdict carries a penalty of 15 years in prison plus 1/3, the defendant should be subject to a sanction of 20 years in prison. Meanwhile, the prosecutor demanded 14 years, which the judge then reduced by giving a sanction of only 11 years in prison. Discussing the element of certainty is not just a moral demand, but factually it characterizes actual law and is based on the constitution, namely Article 1 Paragraph 3 of the 1945 Constitution of the Republic of Indonesia, where Indonesia is a rule of law state. Apart from that, the principle of legal certainty is said to have not been fulfilled, because the judge in giving his decision was not guided by Article 64 paragraph (1) of the Criminal Code. Furthermore, laws are essentially made and must not give rise to doubt, so as not to conflict with the objectives of the norm itself. Legal certainty refers to the consistent application of law where its implementation cannot be influenced by subjective circumstances.
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Kendala Dalam Penyelesaian Kasus Penganiayaan Melalui Penerapan Restorative Justice
(Mohammad Rivaldi Lasulika, Fence M. Wantu, Julisa Aprilia Kaluku)
DOI : 10.62383/aliansi.v1i4.284
- Volume: 1,
Issue: 4,
Sitasi : 0 30-May-2024
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This research aims to determine the position of restorative justice in the criminal justice system in Indonesia and to determine the application of restorative justice in the criminal justice system. This type of research uses empirical legal research, empirical legal research is a legal research method that functions to see the law in real terms and examine how law works in society. The position of restorative justice in the criminal justice system in Indonesia can provide justice that focuses on the needs of the victims, perpetrators of crimes, and also involves community participation, and does not merely fulfill legal provisions or merely impose criminal penalties. In this case, the victim is also involved in the process, while the perpetrator of the crime is also encouraged to take responsibility for his actions, namely by correcting the mistakes he has made. The implementation of restorative justice in the criminal justice system can be seen from various policies and laws and regulations currently in force, but in reality there are inconsistencies between enforcement officials in implementing restorative justice in a case. In fact, many cases ignore restorative justice and result in the criminal being convicted.
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Anak Sebagai Pelaku Kecelakaan Lalu Lintas Yang Menyebabkan Kematian (Studi Kasus Polres Bone Bolango)
(Angraini K. Baculu, Fence M. Wantu, Julisa Aprilia Kaluku)
DOI : 10.62383/jembatan.v1i2.194
- Volume: 1,
Issue: 2,
Sitasi : 0 30-Apr-2024
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The aim of the research is to analyze the factors that cause criminal acts of traffic accidents committed by children and the responsibility of children related to traffic accidents committed by minors which cause death. The research method used in this research is an empirical method. The results of the research show that: 1. The factors causing the occurrence of criminal traffic accidents committed by children which cause death are. General factors include: Manuia, Weather/Nature, Road Conditions. Then external factors, including: Age, personal existence, lack of awareness of the safety of oneself and others, lack of awareness of traffic regulations. And internal factors, including: Lack of parental attention, social environment.2. Responsibility of children for criminal acts of traffic accidents by minors which cause death. The provisions for criminal fines for children whose negligence causes someone to lose their life in Article 310 paragraph (4) of Law Number 22 of 2009 concerning Road Traffic and Transportation can be imposed a fine that can be imposed on childrezn whose negligence causes someone to lose their life at most ½ (one half) of the maximum threat of imprisonment for adults. It can be concluded that for children whose negligence is proven to result in someone losing their life, the threat of imprisonment that can be imposed on them is ½ of the fine in Law Number 22 of 2009 concerning Road Traffic and Transportation. Because the criminal fine in Law Number 22 of 2009 concerning Road Traffic and Transportation is a maximum of IDR 12,000,000.00 (twelve million rupiah), then for a child whose negligence causes someone to lose their life a maximum of IDR 6,000,000, 00 (six million rupiah).
Keywords: Accident; Traffic; Child; death.
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Rasio Legis Pertimbangan Hakim Dalam Putusan Perkara Narkotika (Nomor 219/PID.SUS/2019/PN.GTO Dan Nomor 263/PID.SUS/2019/PN.GTO)
(Suci Nabila Mustapa, Fence M. Wantu, Julisa Aprilia Kaluku)
DOI : 10.62383/jembatan.v1i2.148
- Volume: 1,
Issue: 2,
Sitasi : 0 05-Apr-2024
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The criminal disparity is inconsistent of different decisions toward crime with similar characteristics where its danger is comporable without obvious justification. Narcotics are substances or drugs from plants or others, wheter synthetic or semi synthetic, that can fatally affect the consciousness and lead to an addiction. This study aimed to analyze the factors influencing the disparity in judges decisions and the solutions or judges consideration in sentencing toward drug abuse cases. This normative research used a case approach referencing primary, secondary, and tertiary legal materials. Data collection techniques were carried out using literature studies. Based on the analysis, two factors influenced the judges decision legal and social. Besides, the verdict made by the judge has not fulfilled the sense of justice due to the irrelevancy.
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2024 |
Upaya Penanggulangan Penyebaran Konten Pornografi di Media Sosial
(Nurfitrah Pakaya, Mohamad Rusdiyanto U Puluhulawa, Julisa Aprilia Kaluku)
DOI : 10.62383/demokrasi.v1i2.96
- Volume: 1,
Issue: 2,
Sitasi : 0 06-Mar-2024
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This research aims to determine efforts to overcome the spread of pornographic content on social media. This research is empirical research because it places primary data in the community as the main data that will be analyzed qualitatively. The research results show that efforts to overcome the spread of pornographic content on social media are carried out by providing guidance and counseling regarding the dangers and sanctions for spreading pornography in society, especially for students; Conduct dialogue both directly and via radio and other mass media. Apart from that, dialogue is also carried out with the wider community through community-based field activities, such as programs held for the community by the police, for example when the police are asked to provide a welcome and guidance to the community when there is an agenda in the sub-district and village; Carry out raid operations and process legally, namely the police, especially the Bone Bolango Police, carry out raids and operations at entertainment venues, hotels and accommodation, especially in boarding houses which may be used as immoral places. If found, the police will summon immoral perpetrators, including those who make pornographic videos and take legal action; and Providing protection for victims, by first receiving complaint reports, then collaborating with related parties to fulfill the victims' rights.
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