Journal & Issues
- Journal Details
- Format
- Journal
- eISSN
- 2620-9837
- Published
- 31/08/2023
- Languages
- English
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Open Access
Criminal Sanctions and Legal Protection of Victims against the Crime of Fornication of Minors
Abstract
Some of the events are quite an impact on the victim is a felony obscenity. However, this is not a necessarily rule out the existence of criminal acts committed by children. So it’s necessary to apply a legal sanctions and special protection in cases involving these children. As this research highlight the implementation of legal sanctions on minors in cases that will be raised related to fornication by children with Verdict Number 2/ Pid.Sus.Anak/ 2018/ PN PMS. This research is an empirical sociological study, which collects field data for further analysis of the data with the applicable legal rules. The result of this research is the practice of legal sanctions on subject of minors through Verdict Number 2/ Pid.Sus.Anak/ 2018/ PN PMS to a children regarding the sentence of 1 (one) year incarcerated and 3 (three) months of job training has been in accordance with applicable legal rules. Caused the subject is a minor, a child who is 15 (fifteen) years old, based on Law Number 11 of 2012 on The Criminal Justice System of Children, legal protection for minors of victims has been carried out such as legal assistance, psychological assistance, and ensuring that the child still get them rights as a child in society such as receiving education, socializing, and so on, the right not to be covered by the media, in collaboration with the Indonesian Child Protection Commission (“KPAI”) in terms of the victim’s psychology and social issues of the victim.
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Open Access
Sengketa Amandemen Akta Perdamaian PKPU Homologasi dan Perbandingan dengan Hukum Kepailitan Amerika Serikat (Studi Kasus: Kepailitan PT APOL dan PT Berlian Tangker)
Abstract
There is no provision in Indonesian bankruptcy law that states that the Accord in bankruptcy can be amended outside the court, but in fact this happens. The problem discussed in this research is how the provisions regarding the amendment of the Accord in Indonesia are viewed from theory and applicable law and how this provision is compared in Indonesian and American bankruptcy law. This problem is answered with normative juridical research method. The results showed that amendments to the Accord outside the court cannot be made, although it is not specifically regulated in the Bankruptcy and PKPU Law. The argument is based on the urgency of the court's role in the process of validating the Accord and based on the systematic interpretation between the Civil Code and the Bankruptcy and PKPU Law. Thus, the existence of an amended Accord outside the court is not binding for debtors and creditors. Furthermore, as a comparison, American bankruptcy law justifies and regulates the amendment of the Accord and the cancellation of the Accord is optional, whereas Indonesia does not regulate and prohibits the amendment of the peace deed because it will eliminate the sanction of canceling the peace deed in the form of imposing bankruptcy status for the debtor. The suggestion on this issue is to provide a clear regulation in Indonesian bankruptcy law on the amendment of Accord, either through amendments to existing laws or through the establishment of implementing regulations.
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Open Access
REHABILITASI BAGI PECANDU NARKOTIKA OLEH POLDA METRO JAYA UNTUK MENEKAN PEREDARAN GELAP NARKOTIKA DI JAKARTA
Abstract
Narcotics become an extraordinary threat for human life. The development of drugs trafficking is very fast due to the increasing number of users or addicts. Nowadays, based on data from National Narcotics Agency (BNN), there are almost five million narcotics addicts in Indonesia. These narcotics addicts are mostly spread in big cities such as Jakarta, Surabaya, Medan, Makassar and Bandung. Jakarta as the capital city of Indonesia, center of economy, trade and business is the city with the largest population of narcotics addicts. There are so many narcotics dealers carry out their illicit actions in Jakarta. It can be confirmed that there are always narcotics dealers in every subdistrict. The narcotics dealers do not stop offering these illicit narcotics to buyers who come timeless. Even the law enforcement seems unable to suppress the narcotics traficking. In fact, it often happens that the narcotics users change their status to be narcotics dealers after the law enforcements are conducted by the law enforcement officials. Therefore,it is neccessary to find the right solutions to suppress the drugs trafficking so that it does not become a very dangerous threat anymore namely by decreasing the narcotics user, one of the right ways is rehabilitation for the narcotics users.
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Open Access
Penyelesaian Sengketa pada World Trade Organization dan Solusi terhadap Kekalahan Indonesia pada DS 592 dalam Perspektif Kepentingan Indonesia
Abstract
Artikel ini bertujuan untuk menyediakan penjelasan tentang prosedur penyelesaian sengketa dalam WTO Agreement dan langkah yang harus Indonesia ambil dalam menyikapi kekalahanya dalam DS 592. Sengketa tersebut disebabkan oleh kebijakan larangan ekspor bijih nikel yang Indonesia tetapkan terhadap pasar Uni Eropa. Bagian pertama pada artikel ini membahas tentang tahapan penyelesaian sengketa berdasarkan Annex 2 WTO Agreement. Sedangkan bagian kedua membahas tentang sikap yang harus Indonesia ambil dalam menghadapi kekalahan tingkat pertama pada DSB. Adapun hasil pembahasan tersebut yaitu tahapan penyelesaian sengketa di WTO terdiri dari konsultasi, penyelesaian sengketa melalui panel dan Appellate Body serta tahap implementasi resolusi yang ditetapkan oleh DSB. Pembahasan ini juga menjelaskan bahwa Indonesia harus menunggu agar sengketa ini diselesaikan melalui Appellate Body atau menyelesaikannya melalui prosedur MPIA. Lebih lanjut, Indonesia juga harus tetap menerapkan kebijakan larangan ekspor bijih nikel tersebut dan tidak melanjutkan penyelesaian sengketa ini melalui prosedur MPIA. Sikap skeptis terhadap MPIA diperlukan mengingat bahwa forum ini pada dasarnya bukan merupakan forum yang dibentuk berdasarkan ketentuan WTO Agreement yang mengatur tentang pengadopsian perjanjian multilateral baru.
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Open Access
PEMBERIAN HAK GUNA BANGUNAN DI ATAS HAK PENGELOLAAN: ALTERNATIF PENYELESAIAN MASALAH TANAH PENSIUNAN TNI-AL DI KAVLING PANGKALAN JATI
Abstract
The 26.7-hectare land in the Pangkalan Jati plot has become a polemic for retired Indonesian Navy Army who live on the land. Plans related to the transfer of the Pangkalan Jati plots of land to holders of Development Permits faced several obstacles and tended to stagnate. This research is intended to provide a recommendation for solving the problem with the solution of granting the right of building on land with the right of management. This research is normative legal research, namely legal research whose data comes from library materials or what is usually called secondary data. This research resulted in a policy recommendation that the Ministry of Defense in this case the Navy is a legal subject that can be granted the right of management based on legislation because it is included in the category of Central Government Agencies. The problem of transferring land ownership in the Pangkalan Jati plots currently occupied by retired Indonesian Navy can be resolved by a mechanism for granting land rights over land with the right of management. Where the residents of the Pangkalan Jati plots can be given the right of building because the designation of most of the land is for residence. The right of building can be granted because the residents of the Pangkalan Jati plots who are Indonesian citizens fulfill the criteria as legal subjects holding the right of building. The granting of right of building over land with right of management is carried out with a Land Utilization Agreement between the Ministry of Defense, in this case the Indonesian Navy, and residents of the Pangkalan Jati plots. Residents of Pangkalan Jati plots as the right of building holders will later have rights and obligations that can be enjoyed and implemented. The granting of the right of building over land with right of management is expected to be a solution to the problem of land ownership in the Pangkalan Jati plots so as to provide legal certainty for both parties.
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Open Access
Penggunaan Klausa Eksonerasi dalam Perjanjian Kerja antara Pekerja dengan Pengusaha di Indonesia
Abstract
An exoneration clause is a clause whose contents are more in favor of a party with a higher position in casu a work agreement whose position is more dominant or higher is the employer, so that this exoneration clause can cause harm to workers whose position is below the employer, even though the agreement recognizes the principle of freedom of contract , but there is nothing that explicitly limits the use of exoneration clauses in work agreements. In answering these problems, this paper uses a normative method by collecting data from literature studies in the form of labor law regulations in Indonesia, doctrines, and court decisions. The results of this study are that work agreements may use exoneration clauses with limitations that do not differ from Article 1320 KUHPER jo. Article 52 of the Labor Law and the legal protection of workers who are harmed by the exoneration clause in the work agreement can carry out bipartite or conciliation to make an addendum/amendment to the work agreement or workers can cancel it in court if the work agreement contained in the exoneration clause differs from the terms of the validity of the work agreement.
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Open Access
PEMULIHAN ASET KORBAN PENIPUAN SEBAGAI TINDAK PIDANA ASAL DALAM TINDAK PIDANA PENCUCIAN UANG
Abstract
: In a criminal offense we need to know clearly the criminal offense that occurred is a must. One of them is the crime of embezzlement formulated in Article 372 of the Criminal Code, which means that embezzlement is an act in which an object is in the power of a person not because of a criminal offense, but because of a legal act, for example because of storage, entrustment agreements, and so on. Then the person who is given the trust to store and so on controls the goods for himself unlawfully, then the person is committing embezzlement. In contrast to fraud as formulated in Article 378 of the Criminal Code, fraud means an act with the intent to unlawfully benefit oneself or others by using a false name, false dignity, deception or lies that can cause others to easily surrender their goods, money or wealth. These two criminal offenses can result in other actions that harm others with economic motives, which can be said that fraud and embezzlement are carried out to obtain a person's assets, one of which can be obtained by money laundering. Assets themselves are goods which in the legal sense are movable objects, both tangible and intangible, which are included in the assets or wealth or property of an agency, business entity organization or individual. The anti-money laundering regime in Indonesia has given birth to a new approach that no longer focuses on the perpetrators of crime, but on the assets of the proceeds of crime, known as the follow the money method. In addition, the law enforcement instruments against illegal assets contained in the Anti-Money Laundering Law are actually sufficient to reach not only the assets resulting from criminal acts but also their acquisition. Ideally, the assets resulting from the criminal offense are returned to the victim of the criminal offense through a court decision with permanent legal force that orders the seizure of assets for the state or returns to the rightful owner. Returning assets to victims by perpetrators in cases of property crime, fraud and embezzlement is not impossible. Return of assets in the form of compensation in this case can be implemented by merging cases. Victims of crimes with material losses, such as fraud and embezzlement, have the right to recover their property.
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Open Access
PROSES HUKUM TERHADAP PRESIDEN PUTIN ATAS DUGAAN KEJAHATAN PERANG DALAM AGRESI RUSIA KE UKRAINA
Abstract
The world was shocked by the issuance of an arrest warrant against Russian President Vladimir Putin by the International Criminal Court (ICC). The arrest warrant was issued on charges of war crimes in the form of the forced deportation of Ukrainian children during a special Russian military operation. The Kiev side reported that more than 16,000 children from Ukraine had been deported to Russia since the invasion began February 24, 2022. Many of them were allegedly placed in orphanages or adopted by Russian citizens. Furthermore, a warrant for Putin's arrest was issued a day after United Nations investigators condemned the forced transfer and deportation of Ukrainian children, seizing them from their parents, as war crimes. UN investigators said the parents of the "dispossessed" children disclosed that their children would later be placed in foster families or in orphanages under Russian rule. As head of state of Russia, Putin is held criminally responsible for war crimes committed by Russia against Ukraine. Specifically, deportation of minors. The Rome Statute of 1998 Article 8 paragraph (vii) states that the unlawful deportation or transfer of persons or unlawful confinement constitutes a war crime.
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Open Access
Upaya Perlindungan Hukum Bagi Para Konsumen Pemegang Aset Kripto di Indonesia
Abstract
This research focuses on analyzing the regulations governing the legal aspects related to crypto assets and their protection. Within this analysis, attention is directed toward the three fundamental pillars of Indonesian law, namely justice, certainty, and expediency. Additionally, this study identifies two pertinent issues. The first pertains to legal regulations concerning the legitimacy of crypto assets. The second involves the form of legal protection provided to holders of crypto assets in general, as well as to those who possess NFT and SFT-based crypto assets specifically. The findings of this study outline several strategies aimed at enhancing regulations governing the trade, use, and circulation of crypto assets in Indonesia. These strategies encompass protective measures that guarantee the quality of block chain technology system performance, ensure value preservation in crypto asset trading, facilitate dispute resolution in crypto asset trading, and endeavor to safeguard Intellectual Property Rights (IPR) in crypto asset trading.