JoL (Journal of Law) bertujuan untuk memfasilitasi dan menyediakan forum bagi para sarjana dan profesional hukum untuk berdiskusi dan mempromosikan perkembangan terkini tentang masalah hukum. Journal of Law bertujuan untuk menjadi platform peer-review dan sumber informasi otoritatif tentang studi hukum. The scope of JoL (Journal of Law) is criminal law. constitutional law, civil law, administrative law, constitutional law, human rights law, international law, Islamic law, customary law, and environmental law. Pemimpin redaksi : amin slamet Penerbit : Fakultas Hukum Universitas 17 Agustus 1945 Samarinda Frekuensi : 3 masalah per tahun
Journal of Law is licensed below Lisensi Creative Commons Atribusi-NonKomersial-BerbagiSerupa 4.0 Internasional.
TINJAUAN YURIDIS TERHADAP PELAKSANAAN SISTEM ELECTRONIC TRAFFIC LAW ENFORCEMENT (E-TLE) BERDASARKAN UNDANG UNDANG NOMOR 22 TAHUN 2009 TENTANG LALU LINTAS DAN ANGKUTAN JALAN
ABSTRACT The development of science and technology that occurs today brings significant changes in every activity of human life, so that the police are encouraged to develop an information system supported by a network-based software, namely the Electronic Traffic Law Enforcement (E-TLE) system or commonly called electronic ticketing. However, after the implementation of the Electronic Traffic Law Enforcement (E-TLE) system, continuous improvements are still being made so that its implementation among the community is not optimal. The problem in this study is how to find out the regulations for the implementation of the Electronic Traffic Law Enforcement (E-TLE) system and how to find out the procedures for implementing the Electronic Traffic Law Enforcement (E-TLE) system for resolving traffic violations. The approach method used in this study is the Normative Juridical approach, which inductively researchers go directly to the research object to observe and study the legal reality in the field. The problem approach examines primary data as the main data in addition to also using secondary data. This is so that the data in the study is more accurate because it comes directly from the object and subject. Based on the research results, it is described that the regulation of the implementation of Electronic Traffic Law Enforcement (E-TLE) is seen from Law Number 22 of 2009 concerning Traffic and Road Transportation, in general in Article 272 paragraph (1) and paragraph (2), Government Regulation Number 80 of 2012, and Law Number 19 of 2016 Article 1 number (1). The procedure for implementing the Electronic Traffic Law Enforcement (E-TLE) system based on Article (1) paragraph (2) of Supreme Court Regulation Number 12 of 2016 has 10 stages, namely: installation of Closed Circuit Television (CCTV); recording of violator data; SRC (Smart Regident Center) identity; sending letters; delivery of letters; confirmation; clarification; issuance of traffic tickets and BRIVA codes; blocking of vehicle registration certificates; and payment of traffic fines. The Electronic Traffic Law Enforcement (E-TLE) system so far still has obstacles in its utilization, especially in terms of facilities and infrastructure, such as the lack of Closed Circuit Television (CCTV) cameras that are able to monitor speed (speed radar), check points and vehicle license plate recognition (ANPR) at every intersection that implements the Electronic Traffic Law Enforcement (E-TLE) system. Keywords: Implementation, Electronic Traffic Law, Traffic.
Copyright (c) 2025 Journal of Law ( Jurnal Ilmu Hukum ) https://creativecommons.org/licenses/by-nc-sa/4.0
PERLINDUNGAN HUKUM TERHADAP SYAHBANDAR DALAM PELAKSANAAN TUGASNYA SEBAGAI PENEGAK HUKUM MARITIM DI INDONESIA
ABSTRACT. Syahbandar has an important role in supervising ship and port operations, as well as ensuring compliance with applicable maritime regulations. However, in carrying out his duties as a maritime law enforcer, Syahbandar is often faced with various challenges. One of the main challenges is the lack of adequate legal protection in the performance of its duties. This research is about the legal protection that applies to Syahbandar in carrying out his duties as a maritime law enforcer in Indonesia, the obstacles and challenges faced by Syahbandar in the implementation of law enforcement duties in Indonesia's maritime territory. Using normative legal research, which is legal research conducted by researching literature materials. Syahbandar has clear authority in supervision and law enforcement in the port area, the lack of clarity in regulations related to legal protection makes them vulnerable to intimidation. These challenges include overlapping authority with other law enforcement agencies, limited resources and infrastructure, and threats or intimidation from interested parties. Improve coordination between Syahbandar and other law enforcement agencies such as Bakamla, the Water Police, and the Indonesian Navy, so as to create a clearer and more effective division of duties in maritime law enforcement and to draft or revise regulations governing the authority of Syahbandar, so that there is no overlap. Keywords: Legal Protection, Syahbandar, Law Enforcement.
TANGGUNGJAWAB HUKUM PILOT DALAM KECELAKAAN PENERBANGAN DI INDONESIA
ABSTRACT. In the context of Indonesian law, the aspect of pilot responsibility is also regulated by the Regulation of the Minister of Transportation of the Republic of Indonesia Number PM 77 of 2011 which regulates compensation for passengers in aviation accidents. Article 308 of Law Number 1 of 2009 concerning Aviation affirms the responsibility of flight operators for the safety, security, and comfort of passengers, which is also indirectly related to the responsibility of pilots. This research is about the Legal Provisions in Indonesia that regulate the responsibility of Pilots in Aviation Accidents and the obstacles faced in the implementation of regulations regarding the legal responsibility of pilots in accidents. Using normative research, in this case a process to find legal rules, legal principles, and legal doctrines to answer the legal problems raised, using a legislative approach. The results of the research and discussion that the legal provisions in Indonesia that regulate the responsibility of pilots in aviation accidents are quite comprehensive, involving various laws and regulations, ranging from the Aviation Law, CASR, Criminal Code, to ministerial regulations. Then the implementation of regulations regarding the legal responsibility of pilots in aviation accidents faces various obstacles, ranging from the complexity of investigations, limited resources, public pressure, conflicts of interest, protection of pilots, to lack of legal awareness and education. Keywords: Responsibilities, Pilots, Aviation.
PERLINDUNGAN HUKUM TERHADAP ISTRI DALAM PERALIHAN HARTA BERSAMA TANPA PERSETUJUAN
ABSTRACT. Community property is all the assets acquired during the marriage, which by law becomes jointly owned by the husband and wife, regardless of who acquired or generated the assets. The transfer of community property without the consent of the partner, particularly without the consent of the wife, becomes a very crucial issue as it can lead to legal and economic losses for the aggrieved party. This research examines the legal protection that can be provided to a wife when community property is transferred without consent and what forms of transfer of community property are carried out without the consent of the wife and what the impacts are. Positive law in Indonesia, through the Marriage Law and the Civil Code, has clearly stipulated that actions regarding community property must obtain the consent of both parties; however, in practice, there are still many violations that harm wives. And forms of transfer of joint property without the wife's consent include sale, donation, collateral, and transfer of ownership to other parties without a valid legal basis. Keywords: Legal Protection, Joint Assets.
PENYELESAIAN SENGKETA ANTARA BUMN DENGAN PEMERINTAH DAERAH DALAM PENGELOLAAN ASET DAERAH
ABSTRACT. Disputes between state-owned enterprises (SOEs) and local governments in asset management can also arise from differences in legal interpretation. As business entities, SOEs often operate with a profit orientation, while local governments have the responsibility to ensure that assets are used for public interest. This research examines the legal provisions governing the resolution of disputes between SOEs and the factors that lead to disputes between SOEs and local governments in regional asset management. Normative research is a process to find legal rules, legal principles, and legal doctrines to address the legal issues raised, using a legislative approach. The results of the research on the resolution of disputes between state-owned enterprises (BUMN) and local governments in the management of regional assets require an integrated approach based on applicable laws and regulations, such as Law Number 19 of 2003 on State-Owned Enterprises and Law Number 23 of 2014 on Regional Government. Furthermore, disputes between BUMN and local governments in the management of regional assets occur due to various factors, such as unclear asset ownership status, conflicting interests, lack of coordination, and regulatory overlaps. Keywords: Dispute, State-Owned Enterprises, Regional Asset Management.
PERAN KEPOLISIAN DALAM PENANGANAN KASUS NARKOTIKA DI INDONESIA
ABSTRACT. The role of the police is very important in handling drug cases because they have the authority and responsibility to enforce the law in accordance with applicable regulations. One of the law enforcement officials who plays a crucial role in addressing drug abuse cases is the 'investigator', in this case, the police officers assigned to the narcotics division. This study discusses the role of the police in handling drug cases in Indonesia according to the relevant laws and regulations, as well as the challenges faced by the police in the investigation and handling of drug cases. This research is empirical law, examining based on the concepts of principles and laws related to this scholarly writing, usually referred to as library study, which involves studying regulations, books, documents, and others related to this writing. The role of the police in handling narcotics cases in Indonesia is very important and is clearly regulated in various laws and regulations, including Law Number 35 of 2009 on Narcotics and Law Number 2 of 2002 on the Police. However, the obstacles are very complex from various aspects. Starting from limited human resources and technology, low coordination between agencies, the complexity of international narcotics networks, to internal corruption within the police force, all these factors complicate efforts to eradicate narcotics. Keywords: The Role of the Police, Narcotics, Investigation.
PENGARUH FAKTOR EKONOMI TERHADAP TINGKAT KEKERASAN TERHADAP PEREMPUAN DI INDONESIA
ABSTRACT. Economic pressure, income instability, and high levels of poverty are believed to be triggers of tension in households, which can then lead to acts of violence. This research examines the impact of economic factors on the high rates of violence against women in Indonesia and the legal protection against violence towards women. This study employs normative research, which is also defined as library legal research using various literature as study materials and analytical resources. The influence of economic factors on the high levels of violence against women in Indonesia is complex and significant. Financial instability, women's economic dependence on partners, and economic inequality within households all contribute to the rising risk of violence against women. Legal protection for women who are victims of violence in Indonesia is regulated by laws, such as the Domestic Violence Law and Human Rights Law. By providing skills training, access to business credit, and other economic support, women can become more financially independent and have options to escape violent situations. Keywords: Economy, Violence Against Women.
PELANGGARAN KODE ETIK PROFESI POLISI DI INDONESIA
ABSTRACT. One of the cases of ethical code violations that has gained public attention is the involvement of certain police officers in the abuse of power and excessive violence against the community. Violations of the police professional code of ethics are not only caused by individual weaknesses but also indicate systemic weaknesses in the oversight and internal law enforcement mechanisms of the National Police. This research discusses the imposition of sanctions on violations of police ethics and the challenges faced in implementing sanctions for violations of police ethics in Indonesia. The type of research used by the author is normative research. Normative legal research is legal research conducted by examining library materials. The imposition of sanctions for violations of the police code of ethics, in accordance with Perpol Number 7 of 2022, aims to maintain professionalism, integrity, and public trust in the National Police. These challenges include overlaps in authority with other law enforcement agencies, limitations in resources and infrastructure, as well as threats or intimidation from interested parties. Furthermore, the obstacles faced in the application of sanctions for violations of the police code of ethics in Indonesia still encounter various hurdles, including weaknesses in internal supervision, an organizational culture that is difficult to change, social and political pressures, and a lack of transparency in the sanctioning process. Keywords: Violation, Code of Ethics, Police.
PEMBATASAN TIKTOK SHOP MENURUT PERATURAN MENTERI PERDAGANGAN NOMOR 31 TAHUN 2023 TENTANG PERIZINAN BERUSAHA, PERIKLANAN, PEMBINAAN, DAN PENGAWASAN PELAKU USAHA DALAM PERDAGANGAN MELALUI SISTEM ELEKTRONIK
ABSTRACT. TikTok Shop has grown tremendously since it was first introduced, offering ease for users to make transactions without having to leave the TikTok app. Regulation of the Minister of Trade Number 31 of 2023 provides restrictions on TikTok Shops, which are very important in maintaining healthy competition. The restriction stipulates that social media does not function as a direct seller, but only as a platform to facilitate transactions between sellers and buyers. This study analyzes the implementation of TikTok Shop restrictions according to the Regulation of the Minister of Trade Number 31 of 2023 on e-commerce business actors. and restrictions on the prohibition of social media from becoming direct sellers in the Regulation of the Minister of Trade Number 31 of 2023 have been effective in creating a healthy e-commerce ecosystem. The implementation of TikTok Shop restrictions according to the Regulation of the Minister of Trade Number 31 of 2023 has had a significant impact on e-commerce business actors in Indonesia. These restrictions, which govern business licensing obligations, TikTok's prohibition on being a direct seller, and transaction supervision, aim to create a healthy and fair e-commerce ecosystem. The government should strengthen the oversight mechanism for large e-commerce platforms, such as TikTok, by utilizing adequate technology and human resources. And for the government to strengthen the oversight mechanism for large e-commerce platforms, such as TikTok, by utilizing adequate technology and human resources. Keywords: E-commerce, TikTokShop Restrictions, Legal Protection.
PERAN PENYIDIK BEA CUKAI DALAM PEMBERANTASAN TINDAK PIDANA PENYELUNDUPAN NARKOTIKA PADA KANTOR PENGAWASAN DAN PELAYANAN BEA DAN CUKAI SAMARINDA
ABSTRACT. Drug abuse can lead to various health, social, and criminal problems that harm society as a whole. Therefore, eradicating drug trafficking must be one of the main priorities in law enforcement in Indonesia. This research analyzes the role of Customs investigators in combating drug trafficking offenses at the Customs and Excise Office of Samarinda and the challenges faced by Customs investigators in combating drug trafficking offenses in the Samarinda area. This study employs normative research, in which normative legal research is a process to discover legal rules, legal principles, and legal doctrines to address legal issues. Customs investigators have the authority regulated by the Customs Law and the Criminal Procedure Code to conduct supervision, investigation, and enforcement against drug smuggling that involves border routes and ports in the Samarinda area. The eradication of narcotics smuggling crimes in the Samarinda area faces various significant challenges, such as limitations in human resources, suboptimal detection technology, and increasingly sophisticated smuggling modalities. Cooperation between Customs, the Police, the National Narcotics Agency (BNN), and other relevant institutions must also be strengthened to ensure better coordination in combating drug smuggling. With these measures, it is hoped that the efforts to eradicate narcotics in Samarinda can become more effective. Keywords: Investigator, Customs, Narcotics.
PENGAKUAN ANAK ANGKAT SEBAGAI AHLI WARIS MENURUT HUKUM PERDATA DI INDONESIA
ABSTRACT. Child adoption is a form of protection and fulfillment of the rights of children in families who cannot have biological children. In the context of civil law in Indonesia, adoption of children has various legal implications, especially in terms of the position of adopted children as heirs. This paper aims to examine how the legal recognition of adopted children as heirs according to the provisions of the applicable civil law in Indonesia. This study uses a normative juridical method with a legislative approach and literature study. The results of the study show that adopted children have a legal status after a court determination and can be equated with biological children in terms of inheritance rights, both based on the Civil Code and related laws such as the Child Protection Law and Government Regulation Number 54 of 2007. However, its implementation still faces obstacles, especially related to social recognition and inheritance practices that are not always in accordance with legal provisions. Therefore, consistent socialization and law enforcement are needed so that the rights of adopted children as heirs can be guaranteed fairly. Keywords: Adopted Children, Inheritance Rights, Civil Law, Adoption Of Children, Heirs.
EKSISTENSI KEBIJAKAN DAERAH YANG DEMOKRATIS DALAM SISTEM PEMERINTAHAN YANG BERSIH BEBAS DARI KORUPSI
ABSTRACT. One of the challenges in realizing democratic local policies is the political culture that tends to be patrimonial and lacks emphasis on democratic values. Practices such as political money, patronage, and nepotism often hinder the democratization process at the local level. This research examines the impact of democratic local policies on efforts to establish a clean government system free from corruption, as well as the factors that hinder the implementation of democratic local policies in supporting good governance. Normative legal research is a process to find legal rules, legal principles, and legal doctrines to answer legal problems. Democratic regional policies have a significant impact in promoting the establishment of a clean government system free from corruption. By prioritizing the principles of transparency, accountability, and community participation, these policies can narrow the space for corrupt practices and create more effective oversight mechanisms. Furthermore, the implementation of democratic regional policies faces various obstacles, such as low human resource capacity in local government, weak oversight mechanisms, a political culture that is not supportive, and minimal community participation. Keywords: Regional Policy, Democratic, Corruption.
PENEGAKAN HUKUM PELAKU ILLEGAL MINING DI INDONESIA
ABSTRACT. The mining law has regulated the types of violations and sanctions that can be imposed on violators. However, the reality on the ground shows that these sanctions often do not have the expected deterrent effect. Additionally, the challenges of law enforcement in cases of illegal mining also include corruption and conflicts of interest. In some areas, law enforcement officials and government officials who are supposed to take action against perpetrators are instead involved in corrupt practices, thus undermining the ongoing legal processes. This research focuses on the impacts of illegal mining in Indonesia and law enforcement against illegal mining perpetrators in Indonesia. This research uses normative research, in which normative legal research is a process to find legal rules, legal principles, and legal doctrines to address the legal issues raised, using the statutory approach and the case approach. The impacts are very detrimental in various aspects. From an environmental standpoint, this activity causes deforestation, water pollution, land degradation, and air pollution, which damage ecosystems and threaten public health. Strong and sustainable law enforcement is essential to deter illegal mining perpetrators and protect the community from its negative effects. Keywords: Law Enforcement, Illegal Mining.
EVALUASI PELAKSANAAN PEMBINAAN EKS NAPITER DALAM MENINGKATKAN KUALITAS HIDUP DAN KEMBALI PRODUKTIF DI MASYARAKAT
ABSTRACT. In the context of law and policy, the rehabilitation program for former terrorists is based on the principles of correctional practice aimed at restoring and rehabilitating offenders so that they can lead productive lives and not repeat their mistakes. This study analyzes the effectiveness of the implementation of the rehabilitation program for former terrorists in improving their quality of life in society and the factors that support and hinder former terrorists from becoming productive again after undergoing rehabilitation. This research utilizes normative research, a process to discover legal rules, legal principles, and legal doctrines to address legal issues. The rehabilitation program for former terrorists in Indonesia plays an important role in improving their quality of life and facilitating their reintegration into society. Through skills training, psychosocial support, and deradicalization programs, many former terrorists have successfully developed economic independence and left extremist ideologies. Supporting and hindering factors play a significant role in determining the success of their reintegration process. Family support, community acceptance, economic assistance, and structured mentoring programs are the main factors that encourage former terrorists to live independently and contribute positively. Keywords: Coaching, Ex-terrorists, Productive.
PERAN KPU DALAM MENINGKATKAN PARTISIPASI MASYARAKAT DALAM PEMILIHAN KEPALA DAERAH DI KALIMANTAN TIMUR
ABSTRACT The role of the KPU in increasing public participation is closely related to transparency and accountability in the implementation of the regional elections. Public trust in the election process is greatly influenced by the extent to which the KPU is able to hold elections that are free from fraud, manipulation, and political intervention. The level of voter participation is also influenced by the effectiveness of campaigns and socialization carried out by regional head candidates. This research will answer the legal provisions that regulate the role of the KPU in increasing public participation in the election of regional heads in East Kalimantan and the legal factors that support and hinder the KPU's efforts to increase public participation in the election of regional heads in East Kalimantan. Using normative legal research as literature law research by using various literature as research materials and analysis materials. The results of the discussion and research are that the KPU plays a very important role in the implementation of the Regional Elections, especially in increasing public participation. Based on existing legal provisions, the KPU has the obligation to hold participatory, transparent, and fair elections. The KPU needs to strengthen socialization and voter education, especially in remote areas, to increase public understanding of the importance of the Regional Elections. In addition, there needs to be further efforts to improve election infrastructure in hard-to-reach areas and tackle the practice of money politics through stricter supervision. Keywords: General Election Commission, Regional Head Election, Community Participation.
PELAKSANAAN PROGRAM PEMERINTAH DALAM PENINGKATAN KUALITAS AIR BERSIH DI PDAM KUTAI TIMUR
ABSTRACT. PDAM (Regional Drinking Water Company) as a business entity to meet the water needs of the community, however, the provision of water that has reliable quality uses a market approach so that it has a negative impact on the poor who are unable to reach the clean water services that have been provided. This study analyzes the implementation of government programs in improving clean water quality in East Kutai PDAM and the factors that affect the implementation of government programs in improving clean water quality in East Kutai PDAM. The implementation of government programs to improve clean water quality in PDAM East Kutai Regency is a strategic effort that aims to meet the basic needs of the community for proper and safe access to clean water. And the implementation of government programs in improving clean water quality in East Kutai PDAM is influenced by various internal and external factors. The central and local governments need to increase budget allocation for infrastructure improvements and stricter supervision and periodic evaluations of program implementation are needed to ensure that the goal of improving water quality is achieved. Keywords: Government, Clean Water, PDAM.
AKIBAT HUKUM TERHADAP KELAHIRAN ANAK DARI PERKAWINAN YANG TIDAK TERCATAT BERDASARKAN UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN
ABSTRACT Perida Herina, 2019, Legal consequences of the birth of unmarried children from marriage bassed on Law Number 1 of 1974 concerming marriage, This study was guided by Dr. H. Abdul Rokhim, S.H., M.Hum as the first supervisor and Gusti Heliana Safitri, S.H., M.H as supervisor II. Marriage is an inner and outer bond between a man and woman as husband and wife with the aim of forming a happy and eternal family bassed on the one godhead, carried out according to their respective Religion must be recorded according to the applicable laws and regulations. Research Methods, namely: 1. Type of Research, is Normative Juridical research. 2. Through the stages 3. Legal Material Resources, the author uses the technique of collecting library research, which in 4. Legal collection and processing materials using the primary law legal document collection techniques, as well as the implementing regulations of the Civil Code, Law No.23 of 2002 Law No. 23 of 2006, Law No. 1 of 1974, Presendential Degree No. 12 of 1983. b. Legal Materials The principal of the law is an approach to the problem, is the primary and Secondary Legal Materials Secondary data, sourced from: a. Material in 2002. Law No. 23 of 2006, Law No. 1 of 1974, Presidential Decree No. 12 0f 1983, b. Secondary Legal Materials books, internet access witings of legal experts, primary and secondary.c. Tertiary Law, namely givingnan explaination of primary law and seondary. 5. Legal Materials Analysis is that the data obtained is processed systematically, analyzed qualitatively, legal and analogical interpretations of the facts obtained by the study of provisions of the marriage. MK Decision Number:46/ PUU-VIII/2010 namely Children born proven based on science and technology and / or other evidence according to the Law has blood relations including the relationship of civil blood to his father’s familiy.
IMPLEMENTASI HUKUMAN MATI BAGI PELAKU TINDAK PIDANA KORUPSI DALAM KEADAAN TERTENTU BERDASARKAN PASAL 2 AYAT (2) UNDANG UNDANG NOMOR 31 TAHUN 1999 SEBAGAIMANA DIRUBAH DALAM UNDANG UNDANG NOMOR 20 TAHUN 2001
ABSTRAK Korupsi merupakan tindakan kejahatan yang sangat luar biasa serta sangat serius di negara indonesia, karena Tindak pidana korupsi seperti tidak pernah ada penyelesaian yang membuat pelaku tindak pidana merasakan efek jera. Tindak Pidana Korupsi ini diatur didalam Undang-Undang Nomor 31 Tahun 1999 dan di ubah menjadi Undang-Undang Republik Indonesia Nomor 20 Tahun 2001 Tentang perubahan atas Pemberantasan Tindak Pidana Korupsi. Hukuman mati bagi pelaku tindak pidana korupsi dalam keadaan bencana alam sangat sulit diterapkan, karena mengingat keadaan tertentu itu harus berstatus bencana alam nasional. Dari permasalahan di atas maka yang menjadi permasalahan adalah syarat-syarat penjatuhan pidana mati bagi pelaku tindak pidana korupsi dalam keadaan tertentu dan kendala penjatuhan pidana mati bagi pelaku tindak pidana korupsi dalam masa bencana alam. Dalam penelitian ini penulis menggunakan metode penelitian normatif dengan jenis penelitian statute aproach yaitu metode yang menggunakan pendekatan perundang undangan dan metode library research yaitu metode kepustakaan dengan cara membaca buku, artikel, surat kabar dan bahan bacaan lainnya. Pelaku tindak pidana korupsi dalam keadaan tertentu akan dihukum mati apabila pelaku tindak pidana korupsi tersebut melakukan korupsi terhadap dana penanggulangan saat keadaan bencana alam nasional, penanggulangan kerusuhan sosial yang meluas, penanggulangan krisis moneter. Diharapkan kepada seluruh penegak hukum untuk memaksimalkan tuntutan hukuman terutama bagi pelaku tindak pidana korupsi yang dalam keadaan bencana alam meskipun tidak berstatus nasional. Semoga diterapkannya hukuman mati diharapkan bagi pelaku tindak pidana korupsi itu dapat menimbulkan efek jera dan dapat membuat kasus korupsi di Indonesia bisa berkurang.. Kata Kunci : Tindak Pidana Korupsi, Pidana Mati, Bencana Alam
PELAKSANAAN PEMBERIAN BANTUAN HUKUM OLEH ADVOKAT DALAM PEMERIKSAAN PERKARA PIDANA DI PENGADILAN NEGERI SAMARINDA
ABSTRAK Bantuan hukum merupakan suatu media yang dapat digunakan oleh semua orang dalam rangka menuntut haknya atas adanya perlakuan yang tidak sesuai dengan kaedah hukum yang berlaku.Hal ini didasari oleh arti pentingnya perlindungan hukum bagi setiap insan manusia sebagai subyek hukum menjamin adanya penegakan hukum.Peran Advokat dalam memberikan bantuan hukum terhadap orang yang tidak mampu dalam proses perkara pidana dinyatakan dalam Kitab Undang-Undang Hukum Acara Pidana,dimana di dalamnya dijelaskan bagi mereka yang tidak mampu,yang tidak mempunyai penasihat hukum sendiri maka pejabat yang bersangkutan pada semua tingkat pemeriksaan dalam proses peradilan wajib menunjuk penasihat hukum bagi mereka. Metode pendekatan yang digunakan dalam penelitian ini adalah bersifat Yuridis Empiris suatu pendekatan masalah yang diteliti dengan mencermati ketentuan yang terdapat dalam penelitian ini. Berdasarkan hasil penelitian yang telah dilakukan peneliti mendapatkan kesimpulan kehadiran Advokat dalam memberikan Bantuan Hukum dalam Perkara Pidana sangat membantu baik bagi terdakwa maupun bagi hakim didalam Persidangan dikarenakan advokat mewakili kliennya. Advokat dibekali dengan Ilmu Hukum terutama cara beracara di Pengadilan. Berdasarkan apa yang telah peneliti kerjakan dalam penelitian ini maka peneliti mencoba memberikan saran dan masukan atas hasil penelitian ini Agar advokat dalam memberikan jasa hukum berupa pembelaan perkara yang dihadapi diharapkan penasehat hukum selalu memberikan perhatian yang penuh terhadap perkara yang dibela,tanpa memperhatikan besarnya honorarium yang diterima dan juga agar klien dalam memberikan keterangan keterangan tentang perkaranya kepada advokat selalu jujur dan terbukan tanpa ada yang ditutupi atau dirahasiakan,karena keterangan tersebut akan dapat membantu advokat dalam memberikan suatu pertimbangan hukum terhadap perkara yang dihadapi. Kata Kunci : Advokat,Pemberian Bantuan Hukum
ABSTRACT Land and/or building sale and purchase transactions are inseparable from the existence of an agreement/contract, where there is an agreement between the parties that bind themselves to each other, with one party submitting an object, and the other party will make a payment as previously agreed, as stipulated in Article 1457 of the Civil Code. Default from the seller also often occurs in land rights sale and purchase agreements which then cause losses to the buyer such as the inability to transfer the identity of land ownership rights from the seller to the buyer. This research is a type of Normative research that uses Secondary data sources and analyzes data using qualitative analysis methods in the form of sentence descriptions that are easy for readers to understand. Based on the results of the study, the Deed of Land Sale and Purchase Agreement in practice is often made in the form of an authentic deed made before a Notary, so that the Deed of Sale and Purchase Agreement is an authentic deed that has perfect evidentiary power. This is intended by the parties to provide more protection and legal certainty for the parties who make it. Because the notary in making the deed is impartial and maintains the interests of the parties objectively. That the sale and purchase agreement is a preliminary agreement, but there is a possibility that implementing all the requirements agreed upon in the sale and purchase agreement may take a long time, so there is also a possibility that the prospective seller is prevented from signing the sale and purchase deed (AJB). This will certainly cause difficulties for the buyer because the transfer of rights cannot be carried out even though the buyer has fulfilled all obligations to obtain his rights as agreed in the sale and purchase agreement. As for legal protection for the parties, especially buyers in a sale and purchase agreement made underhand, the legal protection provided in the sale and purchase agreement is very strong because of the evidentiary nature of the sale and purchase agreement made before a public official in this case a Notary. Keywords: Buyer, Land Rights, PPJB Deed, Notary.
TINJAUAN HUKUM PERLINDUNGAN DATA PRIBADI DALAM PERATURAN PERUNDANG-UNDANGAN DI INDONESIA
ABSTRACT Personal data protection is a form of protection for a right to privacy, it will require protection of a person's privacy or protection of a person's personal data. To find out the protection of personal data is regulated in the Laws and Regulations in Indonesia and to find out the obstacles to the protection of personal data in law and their solutions. Normative legal research method (normative legal research) research specifications in analytical descriptive, the data used are primary data, secondary data and tertiary data, data collection tools with literature studies with qualitative analysis approach techniques. The results of the Personal Data Protection study in Indonesia are regulated in Law Number 27 of 2022 concerning Personal Data Protection, Law No. 11 of 2018 concerning Information and Electronic Transactions, amendments to Law No. 19 of 2016 concerning Regulation of the Minister of Communication and Informatics of the Republic of Indonesia Number 20 of 2016 concerning Protection of Personal Data in Electronic Systems, and has obstacles in the application of the Law such as overlapping old and new laws, it is mandatory to form a Personal Data Protection Institution which is very much needed and important considering the existence of a strong legal basis, namely in Article 58 of the Personal Data Protection Law and seeing the conditions of personal data violation cases in Indonesia which are increasing every year. The institution plays a role and is tasked with supervising, protecting, and enforcing individual privacy rights and supervising the use of personal data by personal data controllers. KEYWORDS: Personal Data Protection
PERLINDUNGAN HUKUM TERHADAP ANAK SEBAGAI PELAKU TINDAK PIDANA YANG IDENTITASNYA DI PUBLIKASIKAN
ABSTRACT This research aims to determine the legal protection for children as perpetrators of criminal acts whose identities are made public, explaining that legal regulations regarding children's identities that are distributed via social media are formally contained in Article 19 of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, children's identities. Both as perpetrators of criminal acts must be kept secret on social media. In material law, the regulations regarding children's identities distributed via social media are also contained in Article 64 letter i of Law Number 35 of 2014 and Article 26 paragraph (1) of the ITE Law. Other regulations are also contained in the journalistic code of ethics regulations, as guidelines and references for Indonesian press institutions and journalists. This research uses the Normative method. Data sources consist of secondary data consisting of books, journals, laws and regulations related to research problems, data collection techniques are carried out by conducting document studies which are information data, scientific writing. This research uses a problem formulation: How is legal protection for children as perpetrators of criminal acts whose identities are published and the factors that hinder legal protection for children as perpetrators of criminal acts so that their identities are published. What resulted in this research is that a form of legal protection for the identity of children as perpetrators of criminal acts is by understanding and implementing the Juvenile Criminal Justice System Act, namely prioritizing the principles in the Juvenile Criminal Justice System Act and fulfilling children's rights in the criminal justice process. , as well as the role of related institutions. Furthermore, the form of legal protection for children whose identities are spread on social media is to prioritize children's rights to obtain legal assistance, xi xi defend themselves and obtain justice before the court. Perceptions of responsibility and accountability, limited privacy protections in the digital era, and cultural and legal differences between countries also play a role in this issue. To overcome this, joint efforts are needed between legal institutions, the media and society to strengthen existing legal protections, increase awareness of the importance of children's privacy, and promote a more humane approach in handling children's cases in the justice system. The law against children as perpetrators of criminal offenses and the need to maintain their privacy is an integral part of efforts to ensure justice, rehabilitation and well-being for children involved in the justice system. Keywords: Legal Protection, Child Crime, Publication
TINJAUAN KRIMINOLOGIS TENTANG KEJAHATAN PENCURIAN KENDARAAN BERMOTOR RODA DUA DI WILAYAH HUKUM POLSEK KOTA SAMARINDA KALIMANTAN TIMUR
ABSTRACT As relations between one community and another occur, various incidents arise, one of which is a legal incident due to the phenomenon of theft of two-wheeled motorized vehicles in the Samarinda city police area becoming a frequent problem, the high number of motorized vehicle theft cases has a significant impact on security and public order and gives rise to material and psychological losses for victims. The existence of this phenomenon can be the basis for selection in this problem. The formulation of this problem is to identify the causal factors that cause motor theft crimes, both internal factors that occur within the perpetrator, lack of education level and an individual's religious morals as one of the things that influence someone to commit a crime (stealing). and a lack of a person's level of piety and faith, this causes the crime of theft to occur. As well as external factors that occur due to the lack of economic conditions to meet daily needs, the environment also has a big influence on the occurrence of theft (especially living in an environment that supports stealing) and global developments which have a positive impact on the country but for individuals it becomes a matter of competition between one individual and another. another. This research method uses empirical juridical research, using primary and secondary materials so that it is analyzed qualitatively and the research in this thesis conducted interviews, namely interviews. By using this research method, it is hoped that we can answer the facts that occurred in the jurisdiction of the Samarinda City Police. From the interview process carried out, it can be concluded that the countermeasures carried out by the police involve preventive and repressive strategies. Preventive strategies aim to reduce the opportunity for perpetrators to commit crimes, while repression is carried out by enforcing the law against perpetrators who are caught. From the results of this research, it is hoped that it can provide a significant contribution in understanding the phenomenon of two-wheeled motor vehicle theft crimes in the jurisdiction of the Samarinda City Police. By understanding what factors influence the occurrence of these crimes, we can tackle this theft problem effectively. Keywords: Criminological, Motor Vehicle Thieft.
TANGGUNGJAWAB SYAHBANDAR DALAM PELAKSANAAN TUGASNYA SEBAGAI PENGAWAS KESELAMATAN PELAYARAN
ABSTRACT. The role of Syahbandar needs to be improved through nautical, technical and administrative skills as well as work discipline, increased dedication to task development in order to realize the safety of ships, goods and lives at sea. This study examines the form of syahbandar's responsibility for shipping safety based on applicable laws and efforts that can be made to increase the effectiveness of syahbandar's responsibility in maintaining shipping safety. Using normative research, in this case, normative legal research is a process to find legal rules, legal principles, and legal doctrines to answer the legal problems raised, using a legislative approach. Syahbandar plays a vital role in ensuring shipping safety, which is regulated by a number of regulations, such as Law No. 17 of 2008 concerning Shipping and its derivative regulations. The responsibilities of the syahbandar include ship feasibility inspections, issuance of Sailing Approval Letters, cargo supervision, and safety education, and a series of efforts that modernization, syahbandar include technology improvement of competence, harmonization of regulations, inter agency coordination, and increased safety awareness.. Keywords: Syahbandar, Shipping Safety..
PERLINDUNGAN HUKUM TERHADAP KORBAN TINDAK PIDANA KEKERASAN SEKSUAL BERDASARKAN UNDANG-UNDANG NOMOR 12 TAHUN 2022 TENTANG TINDAK PIDANA KEKERASARAN SEKSUAL
ABSTRACT. Law Number 12 of 2022 on Sexual Violence Crimes (UU TPKS) is presented as a form of legal reform that provides legal certainty for victims and accommodates various aspects of protection, including the right to recovery, assistance, and guarantees to obtain justice. The research discusses the forms of legal protection for victims of sexual violence crimes according to Law Number 12 of 2022 on Sexual Violence Crimes and the obstacles in law enforcement related to the protection of victims of sexual violence based on the Law on Sexual Violence Crimes. The research findings indicate that legal protection for victims of sexual violence crimes according to Law Number 12 of 2022 includes various important aspects, ranging from physical and psychological protection to protection of the victim's identity and privacy. This law also pays special attention to the social and economic recovery of victims, as well as providing equal access to justice through legal assistance. The challenges in law enforcement related to the protection of victims of sexual violence based on Law Number 12 of 2022 are very complex and involve various aspects. Social and cultural factors that still regard sexual violence as a taboo issue, a complicated and time-consuming legal system, as well as limited accessibility of services, are the main obstacles in providing optimal protection for victims. Keywords: Legal Protection, Sexual Violence.
PELAKSANAAN FIDUSIA SEBAGAI JAMINAN KREDIT DALAM PERSPEKTIF HUKUM BISNIS DI INDONESIA
ABSTRACT. The implementation of fiduciary guarantee execution faces various technical and administrative obstacles. In the event of a default, creditors often face challenges in executing the pledged object, especially if the object has changed hands or has been damaged. This research discusses the legal certainty of the implementation of fiduciary as credit guarantee in Indonesia and the obstacles faced in the implementation of fiduciary as credit guarantee from a business law perspective. This research uses normative research, in this case normative legal research is a process to find legal rules, legal principles, and legal doctrines to answer legal problems. The results of the study are that after the enactment of the Fiduciary Law and the decision of the Constitutional Court. Fiduciary registration provides legal certainty for creditors in enforcing their rights, while the Constitutional Court's ruling provides more protection for debtors in terms of the execution of guarantees and these constraints include low levels of compliance with fiduciary registration, challenges in the enforcement process, limited supervision and law enforcement, and lack of public understanding of fiduciaries. Keywords: Fiduciary, Credit Guarantee.