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All Journal Jurnal Rekayasa Mesin Jurnal Pendidikan Teknik Mesin Islamic Management: Jurnal Manajemen Pendidikan Islam Referensi : Jurnal Ilmu Manajemen dan Akuntansi Jurnal Fundamental Justice Ius Positum: Journal of Journal Of Law Theory And Law Enforcement Srawung: Journal of Social Sciences and Humanities Yuris: Journal of Court and Justice Indonesian Journal of Law and Justice Jurnal Rekayasa Mesin
Amiq, Bahrul
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Aerospace Engineering Arts Humanities Automotive Engineering Control & Systems Engineering Economics, Econometrics & Finance Education Energy Engineering Environmental Science Industrial & Manufacturing Engineering Law, Crime, Criminology & Criminal Justice Materials Science & Nanotechnology Mechanical Engineering Social Sciences Other

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Journal : Yuris: Journal of Court and Justice

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THE IMPLEMENTATION OF MATERIAL CRIMINAL LAW AGAINST CRIMINAL ACT OF EMBEZZLEMENT IN OFFICE Abrahams, Deny; Amiq, Bahrul; Prawesthi, Wahyu; Khoidin, M.
YURIS: Journal of Court and Justice Vol. 2 Issue 1 (2023)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v2i1.263

Abstract

The crime often committed is embezzlement, dishonesty by hiding other people's goods/assets by one or more people without the owner's permission to control or use it for other purposes. In Article 374 of the Criminal Code, the term embezzlement in the office can be said to be a crime of embezzlement with a weighting. The method used in this research is normative juridical research that examines or analyzes primary and secondary legal materials by understanding law as a set of rules or positive norms in the statutory system that regulates human life. Based on the research result, the application of material criminal law to cases of criminal embezzlement in the office is implemented based on legal facts, including the statements of witnesses, statements of the accused, letters, and the presence of evidence. Besides that, before the judge imposes a sentence, he needs to consider what can aggravate and mitigate the defendant to apply a sentence commensurate with the act and provide justice for the defendant and a deterrent effect against a decision.
THE IMPLEMENTATION OF CRIMINAL ACT TOWARDS HATE SPEECH IN SOCIAL MEDIA Erfan, Muhammad; Prawesthi, Wahyu; Amiq, Bahrul
YURIS: Journal of Court and Justice Vol. 2 Issue 1 (2023)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v2i1.280

Abstract

Indonesia is a country that adheres to a democratic system where people are given the freedom to express their opinions. Along with globalization era, communication media are increasingly developing, such as the existence of electronic communication media that can connect people regardless of distance and place. Information technology, beside contributing to improving communication progress, technology can also be an effective means for users of social media to commit acts against the law. Cybercrime is a type of criminal activity that makes use of advances in computer technology, particularly the internet. This research examines all the regulation and law in Indonesia regarding of hate speech towards social media through normative legal research. From the research result, it found that the implementation of Hate Speech in social media networks can be determined in Article 45A Paragraph (2) jo. Article 28 Paragraph (2) of Law No, 19/2016 as Amendment to Law No. 11/2008 concerning on Electronic Information and Transactions, there does not have to be an aggrieved party or there must be an objecting party, because it is not a material offense that requires the consequences of the act.
LAW ENFORCEMENT AGAINST HUMAN TRAFFICKING IN THE POLICE JURISDICTION AT SANGIHE ISLANDS RESORT Anriz, Revianto; Prawesthi, Wahyu; Amiq, Bahrul
YURIS: Journal of Court and Justice Vol. 2 Issue 4 (2023)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v2i4.409

Abstract

The form of application is based on mistakes that are in accordance with legal elements and there is no reason for unlawful elimination, the element of intent by the perpetrator (dolus) so that there is no justification or reason for him/her to avoid punishment. Law enforcement efforts in the eradication of human trafficking are implemented through non-penal and penal approaches. Non-penal approaches are conducted through counseling, social education in order to develop the social responsibility of citizens who are aware of human trafficking crimes, legal counseling, resocialization, workshops, etc., especially in crime-prone environments. The penal approach is carried out through legal efforts so that perpetrators of human trafficking crimes are legally processed based on the provisions of laws and regulations up to the court level and execution in order to obtain criminal sanctions and guarantee legal certainty in society. The objective of this research is to analyze the application of criminal sanctions and law enforcement against human traffickers in the Police jurisdiction, North Sulawesi Regional District, Sangihe Islands Resort. This research used a case approach which aims to examine the application of legal norms or rules in legal practice. In addition, legislation is conducted by reviewing all laws and regulations that are related to the legal issues being addressed. The 1945 Constitution of the Republic Indonesia in one of its articles, Article 3, mentions the right not to be enslaved. Therefore, to realize the protection of this right, the Indonesian government needs to regulate human trafficking crimes separately.
Co-Authors Abrahams, Deny Agus Zainudin Andriannoor, Renaldy Anriz, Revianto Aries, Aries Diana Diana Djoko Suwito Fahmi Hasan, Fuad Hamada, Abubakar Imelda Dian Rahmawati Irayanti, Adinda M. Khoidin, M. masud, Masud Muhammad Erfan, Muhammad Muhith, Abd. Nafi’uzzaki, Anang Prawesthi , Wahyu Sasongko, Roby Sitepu, Anak Agung Gede Wibowo Susetyo, Tony Budi Wahyu Prawesthi, Wahyu Wawan Setiawan Winarno, Hadi