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Journal : Journal Indonesia Law and Policy Review (JILPR)

APPLICATION OF CRIMINAL RESPONSIBILITY LAWS FOR OFFENDERS PARTICIPATING IN NARCOTICS ABUSE Pudjawijaya, IGM Seli; Pratiwi, Siswantari; Mardani
JILPR Journal Indonesia Law and Policy Review Vol. 5 No. 3 (2024): Journal Indonesia Law and Policy Review (JILPR), June 2024
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v5i3.276

Abstract

The consequences caused by narcotics abuse are very detrimental to the continuity of life of the younger generation as the majority, which ultimately impoverishes a country because it does not have a quality next generation to replace the generation that has entered retirement age. The problem is : How is the application of the law on criminal liability for perpetrators who participate in narcotics abuse (Case Study of Decision Number 46/Pid.Sus/2017/PN Mln and Decision Number 89/Pid.B/2015/PN Mam ? How do judges consider decisions regarding perpetrators who participate? narcotics abuse (Decision Number 46/Pid.Sus/2017/PN Mln and Decision Number 89/Pid.B/2015/PN Mam )? The research method used is normative legal research. The conclusion is that participating in Indonesian narcotics criminal law is an act that can be punished as considered by the panel of judges in decision Number 46/Pid.Sus/2017/PN Mln and Decision Number 89/Pid.B/2015/PN Mam and the basis for the judge's consideration is that it can be analyzed, namely considering all aspects related to the main case that occurred and then looking for statutory regulations that are relevant to the main disputed case as a legal basis. in rendering a decision.
EFFECTIVENESS OF THE CRIMINAL ACTION OF COLLECTIVE PROPERTY LAND CLAIMS Malau, Boy Fernanda; Pratiwi, Siswantari; Mardani
JILPR Journal Indonesia Law and Policy Review Vol. 5 No. 3 (2024): Journal Indonesia Law and Policy Review (JILPR), June 2024
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v5i3.277

Abstract

The act of illegally grabbing land is an act that can be classified as a criminal act. Land grabbing will harm other parties, so the perpetrators can be prosecuted with criminal legal instruments. Land grabbing in reality in Indonesia is something that is difficult to avoid, especially in metropolitan areas, where empty land is increasingly difficult to find but more and more immigrants are arriving to risk their fate even though they do not have a clear place to live or relatives and this is what drives this. There are many cases of grabbing of state land and land controlled by individuals or companies. The formulation of the problem is: What is the ratio decidendi made by the judge in making considerations regarding the decision in the criminal case of land grabbing as contained in Decision Number 4/Pid.C/2021/PN.Sdr and Decision Number 05/Pid.C/2016/PN.BS? and What is the effectiveness of the land grabbing crime carried out by the perpetrators in Decision Number 4/Pid.C/2021/PN.Sdr and Decision Number 05/Pid.C/2016/PN.BS?. The research method used is normative legal research. The results of the research show that the Ratio Decidendi is made by the judge in making considerations regarding the decision in the case of criminal land grabbing as contained in Decision Number 4/Pid.C/2021/Pn.Sdr and Decision Number 05/Pid.C/2016/Pn.Bs In of the two decisions explained, it can be concluded that these are the main points or reasons that form the basis of the judge's ratio decidendi decision in deciding the case and the effectiveness of the crime of land grabbing carried out by the perpetrators, as explained in the Both decisions show great attention to the protection of the rights of legal land owners. In analyzing the effectiveness of criminal land grabbing, it was found that the legal system must continue to develop to overcome existing challenges and weaknesses.
LAW ENFORCEMENT AGAINST PERFORMERS OF THE CRIME OF MONEY LAUNDERING RESULTING FROM CRIMINAL ACTS OF FRAUD OR EMBEZZER Suhartono, Nur; Mardani; Sharon, Grace
JILPR Journal Indonesia Law and Policy Review Vol. 5 No. 3 (2024): Journal Indonesia Law and Policy Review (JILPR), June 2024
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v5i3.280

Abstract

The crime of money laundering is a crime that has a distinctive characteristic, namely, this crime is not a single crime but multiple crimes. This crime is characterized by the form of money laundering, which is a crime that is a follow-up crime or continuing crime, while the main crime or original crime is called a predicate offense or core crime or there are countries that formulate it as an unlawful activity, namely an original crime that produces money and then carries out the laundering process. The crime of money laundering can be seen in Article 1 of Law Number 8 of 2010 which explains that money laundering is any act that fulfills the elements of a criminal act in accordance with the provisions of this law. The problem taken is regarding the proof of the crime of money laundering which is related to the predicate crime. As well as law enforcement against perpetrators of money laundering crimes resulting from criminal acts of fraud or embezzlement. The research method that the author uses is normative juridical research. The conclusion obtained is that the evidence in Law Number 8 of 2010 is one of the anti-money laundering crime efforts which is specifically at the stage of evidence at trial, with efforts to accommodate difficulties at the stage of proving the crime of money laundering and law enforcement against the crime of money laundering is still ongoing. there are obstacles both in terms of substantive law (material law) and in terms of procedural law (formal law) as regulated in Law Number 8 of 2010.
CRIMES OF PHYSICAL DOMESTIC VIOLENCE AND NEGLIGENCE IN THE HOUSEHOLD Rinawati, Inten; Mardani; Saefullah
JILPR Journal Indonesia Law and Policy Review Vol. 6 No. 1 (2024): Journal Indonesia Law and Policy Review (JILPR), October 2024
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v6i1.321

Abstract

Study This aim For do study to influencing variables? happen violence in House stairs (domestic violence) in family , that is form violence physical and neglect . Additionally , research? this is also purposeful For know action preventing and dealing with domestic violence carried out by husbands to wife , as Decision South Jakarta District Court Number 995/ Pid.Sus /2021/PN Jak.Sel . and Verdict South Jakarta District Court Number 130/ Pid.Sus /2022/PN Bks. Second decision the made with objective For discuss domestic violence problems . Specifically, the South Jakarta District Court and the South Jakarta District Court are the research locations. Both courts are in the South Jakarta area. The data collection process was carried out using several research methodologies, namely library research and field research. Primary data collection can be done by conducting interviews with relevant sources. Apart from that, secondary data was also obtained in the form of papers, books and research reports which were directly related to the topic of domestic violence in the form of physical violence and neglect in the household. This data was collected as additional primary data. To uncover the root causes of domestic violence in the form of physical violence and neglect in families in the South Jakarta and Bekasi City areas, the data obtained was then analyzed descriptively and qualitatively. This is done to find out what actions can be taken to reduce the impact of domestic violence. Based on the research results, the main factors that cause domestic violence crimes committed by husbands against their wives are internal factors, especially those related to the personality characteristics (temperament) of the perpetrator. In conditions that trigger uncontrolled anger, such as lack of communication and intense jealousy, these characteristics make it easier for individuals to commit criminal acts. This is because they are more easily affected by these events. It should be noted that education and economic factors are one of the external factors that cause domestic violence. To overcome the problem of criminal acts of domestic violence committed by husbands against wives in South Jakarta, it is necessary to carry out preventive efforts such as instilling moral values from an early age, preventive efforts such as increasing awareness of laws and regulations. , and repressive efforts such as taking action against perpetrators of criminal acts of domestic violence (KDRT).
Enforcement of the Criminal Act of Trafficking in Women Ridho, Rendy Arsy; Pratiwi, Siswantari; Mardani
JILPR Journal Indonesia Law and Policy Review Vol. 5 No. 2 (2024): Journal Indonesia Law and Policy Review (JILPR), February 2024
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v5i2.229

Abstract

Cases of human trafficking in Indonesia are currently very widespread. Apart from being used as sexual exploitation in Indonesia, the most common cases of human trafficking in Indonesia are cases of prostitution where people are trafficked in providing sexual services that can be ordered online. This of course creates unrest among the wider community. There are so many cases of human trafficking in cyberspace that occur and of course many of these cases have not been revealed because apart from the performance of law enforcement officers, it is also due to the inadequate legal regulations and criminal sanctions in dealing with human trafficking cases in cyberspace. cyberspace. The provisions in Law Number 19 of 2016 concerning Electronic Information and Transactions and Law Number 21 of 2007 concerning the Eradication of the Criminal Act of Human Trafficking do not regulate in detail all aspects regarding sanctions, elements and other matters regarding human trafficking. in cyberspace, both from Law Number 19 of 2016 concerning Electronic Information and Transactions and Law Number 21 of 2007 concerning the Eradication of the Crime of Human Trafficking and it is felt necessary to revise or further refine existing regulations so that later criminal sanctions can be imposed. These regulations can be used as a countermeasure. In this research, researchers try to examine the case of Decision Number 841/Pid.Sus/2019/PN Mdn and Decision Number: 180/Pid.Sus/2016/PN Psp, Decision Number 841 / Pid.Sus / 2019 / PN Mdn and in the research This time, researchers tried to examine the case of Decision Number 841/Pid.Sus/2019/PN Mdn and Decision Number: 180/Pid.Sus/2016/PN Psp, Decision Number 841 / Pid.Sus / 2019 / PN Mdn with the defendant named Mujiono alias Edak is an entrepreneur whose address is Hamlet III, Liberia Village, Kec. Mengkudu Bay District. Serdang Bedagai. The public prosecutor has submitted the defendant to trial on the charge of declaring that the defendant MUJIONO als EDAK has been legally and convincingly proven to have committed a criminal act ", who carried out recruitment, for the purpose of exploiting said person in the territory of the Republic of Indonesia" as regulated and punishable by crime in Article 2 of the Law Number 21 of 2007 concerning Eradication of the Crime of Human Trafficking.