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Journal : MLJ

KUALIFIKASI PENJARAHAN PASCA GEMPA TSUNAMI DAN LIKUIFAKSI DI KOTA PALU (Suatu Tinjauan Kriminologis) Kaharuddin Syah
Maleo Law Journal Vol. 3 No. 1 (2019): April 2019
Publisher : Fakultas Hukum Universitas Muhammadiyah Palu

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Abstract

Emergencies are not justification for the absence of the state / government handling victims of earthquakes, tsunamis and liquefaction which have destroyed the face of the city of Palu. The state is needed to prepare and buy all the basic needs of food, drinks, clothing, medicines from stores that have the potential to be looted by the people instead of allowing or even encouraging them to collect goods from shops or super markets. The absence of the state in a disaster situation has the potential for chaos. Because fellow nationals are easily ignited by conflicts with all-consuming psychological conditions, it is the state that has to plunder the shops at reasonable prices and then distribute them in an orderly manner to citizens who are in dire need. The norms of criminal law in the disaster country give weight to the perpetrators of looting. The substance of Article 363 paragraph 1 of the Criminal Code regulates that every theft during a natural disaster can be sentenced to a maximum of seven years in prison. The criminal threat is more severe than theft in normal situations. Not yet healed of pain due to the disaster came another disaster because his property was looted by other humans. Even though they have been grateful for being given the opportunity to live.Keyword: Looting, Post Earthquake Tsunami and Liquidation. 
POLITIK HUKUM DALAM UNDANG-UNDANG NOMOR 5 TAHUN 1998 TENTANG KONVENSI MENENTANG PENYIKSAAN DAN ERLAKUAN ATAU PENGHUKUMAN LAIN YANG KEJAM, TIDAK MANUSIAWI, ATAU MERENDAHKAN MARTABAT MANUSIA Kaharuddin Syah
Maleo Law Journal Vol. 3 No. 2 (2019): Oktober 2019
Publisher : Fakultas Hukum Universitas Muhammadiyah Palu

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Abstract

The threat to the existence of human rights can come from two axes, namely threats from abroad and from within the country. In the records and records of the mass and electronic media, it is evident that what sustained efforts are carried out by a number of human beings to destroy or oppose the existence of human rights itself. In this regard, the ratification of the anti-torture convention carries total political consequences in the field of human rights. This is very interesting to study, especially from the standpoint of Indonesian legal politics, which so far has been judged by legal political observers to always reflect the character of orthodox / authoritarian law during the thirty-two-year new order government  Keyword: Political Law
KRIMINALISASI PEKERJA DALAM HUBUNGAN INDUSTRIAL Abdul Malik Bram; Kaharuddin Syah
Maleo Law Journal Vol. 4 No. 1 (2020): April 2020
Publisher : Fakultas Hukum Universitas Muhammadiyah Palu

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Abstract

Criminalization often occurs in work relationships because one of the parties committed non-compliance in carrying out the contents of the work agreement in this case the employer does not pay workers' normative rights, mutates under pressure / intimidation, prohibition on organization, discrimination between female workers and male workers and actions other crimes that can harm workers. The policy in handling crime (penal policy) towards the creation of harmonization of relations between employers and workers is a concept of work relations with the model of industrial family relations based on family relations and togetherness in accordance with the philosophy of industrial relations. This paper aims to anticipate the occurrence of criminalization of employer relations with Workers requiring a norm that regulates the problem of equality before the law related to labor crimes as well as supervision and criminal law enforcement especially in the process of investigating labor criminal acts handled directly by the police. Keywords: Criminalization, Employers, and Workers