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All Journal JURNAL IQTISAD: Reconstruction of Justice and Welfare for Indonesia INDONESIAN JOURNAL OF CRIMINAL LAW STUDIES Jurnal Suara Hukum
Gunawan, Tri Agus
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Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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ANALISIS YURIDIS KETENTUAN PASAL 10 UNDANG-UNDANG NOMOR 44 TAHUN 2008 TENTANG PORNOGRAFI (STUDI KASUS TINDAK PIDANA OLEH LGBT DI MUKA UMUM) Gunawan, Tri Agus; Bhakti, Indira Swasti Gama
Jurnal Iqtisad Vol 7, No 1 (2020): IQTISAD
Publisher : Universitas Wahid Hasyim Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31942/iq.v7i1.3465

Abstract

Abstract The discussion about the problem of pornography seems to be endless. The ease of accessing cyberspace is one of the causes of pornography being difficult to control. The emergence of minority groups such as LGBT (lesbian, gay, bisexual, and transgender) raises its own problems in the community. Some human rights activists consider LGBT a right for those who are not used to being banned and even the State must protect it. In terms of human values, it is clear that LGBT actors must indeed be protected from discrimination. But if their actions have touched the public or public domain, that is no longer a reason to be protected by the State and even the State must appear in regulating it. When the LGBT action was publicly displayed, Law Number 44 Year 2008 Regarding Pornography, could not directly touch it. This is influenced by two factors, namely regulation factors and also implementation factors. The source of this regulation must be immediately addressed so that its implementation is not ambiguous. Displaying pornographic acts by LGBT in public has been very worrying and can damage the mentalities of young people, especially children. Whereas in the sense of pornography as regulated in Article 1 number 1, the acts of the LGBT offender have entered the qualifications of pornography, namely in the case of "gestures" through public performances, which contain obscenity or sexual exploitation that violates the norms of decency in society. This research uses normative research using literature study with primary legal sources used is Law Number 44 Year 2008. The specific target of this research is to make scientific contributions, especially related to critical thinking about pornography laws. While the long-term goal of this study is that it is hoped that this research can be considered by policy makers or regulators to make improvements to this law so that it does not provide multiple interpretations in the implementation phase.
Peran Aparatur Pemerintah Desa dalam Meningkatkan Partisipasi Politik Penyelenggaraan Pemilu Tahun 2019 Desa Mlagen, Magelang Bhakti, Indira Swasti Gama; Gunawan, Tri Agus
Jurnal Suara Hukum Vol 2, No 1 (2020)
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v2n1.p21-32

Abstract

Election (Election) is one of the means of democracy in the implementation of popular sovereignty within the Unitary Republic of Indonesia which is based on the Pancasila and the 1945 Constitution. Through elections conducted the people can elect leaders who are expected to be able to bring change towards a better life. Elections are also a means for the people to choose their trusted representatives to carry out various government affairs. Elections must be based on people's awareness to vote, not because of coercion or pressure. The higher the level of people's participation in the election, it means that the higher the level of their political awareness. Villagers who on average are still well educated understand politics only limited to a party of the people which is carried out every five years, and not a few political participation by the community is still influenced by movements from the ruling parties including the village head. The role of the village head is very important to be needed with the situation of rural educated people who are still quite low and most are farmers, this is what was described in Mlagen Village, Bandongan District. The role of the village head is very necessary in order to increase public political participation in the presidential election in 2019. The research method used is a qualitative research method with descriptive analysis techniques. Data collection is done through observation, interviews and documentation. Research data sources are key informants, informants, research sites and documents.
Measuring the Factor of the Criminal Action of Corruption (Case Study of Criminal Acts of Corruption in the Environment of Legislative Authority) Gunawan, Tri Agus; Hakim, Sholihatul
IJCLS (Indonesian Journal of Criminal Law Studies) Vol 4, No 1 (2019): May 2019 Indonesian Journal of Criminal Law Studies
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v4i1.18748

Abstract

With the spirit of reform, it gives extraordinary power and authority to legislative members in line with their duties and functions based on the mandate of the constitution such as the functions of legislation, budgetary functions, and supervisory functions. With the current power and authority of legislative members, they often do not fully carry out the people's mandate, but injure the people's mandate with the capture of several legislative members in the vortex of corruption cases. This study attempts to analyze these causes that make corruption continue to occur in the legislative power environment while providing solutions that are fundamentally changes in our constitutional system This study uses normative legal research methods by examining primary legal materials, namely relevant laws and regulations and secondary legal materials in the form of library studies and also by utilizing quantitative data. The purpose of this study is to examine the fundamental factors causing the widespread of corruption cases that ensnare the legislative members when various regulations and criminal sanctions have often been imposed on convicted corruption before and do not have deterrent effects. The hypothesis that is temporarily built is that the authority/duties of legislative members, the high salary received now and also the policy of raising criminal sanctions are not effective in tackling corruption and this is the focus of the study in this study.
Co-Authors Bhakti, Indira Swasti Gama Hakim, Sholihatul