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Journal : LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan

PERLINDUNGAN HUKUM PERDATA DALAM PENANGANAN PENEMBAKAN PESAWAT SIPIL: STUDI KASUS DAN IMPLIKASI HUKUM Abu, Supri; Sudarto; Lumban Gaol, Selamat
LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan Vol. 3 No. 1 (2025): LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan (Februari)
Publisher : YAYASAN PENDIDIKAN DAN PELAYANAN KESEHATAN RAHMAT HUSADA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.08221/lexlaguens.v3i1.82

Abstract

This study aims to analyze civil legal protection in handling civil aircraft shootings and the settlement of civil legal disputes between the state, airlines, and victims, both based on international and national law. Civil aircraft shooting cases raise legal complexities that require effective protection for victims and fair dispute resolution. This study uses a normative juridical legal research method with a statute approach, conceptual approach, and case approach. The results of the study indicate that although there are international regulations such as the 1944 Chicago Convention and the 1999 Montreal Convention, as well as Law Number 1 of 2009 concerning Aviation in Indonesia, the implementation of legal protection still faces challenges, especially in the context of jurisdiction and political obstacles. Settlement of civil legal disputes in civil aircraft shooting cases can be done through international litigation, arbitration, mediation and settlement through insurance and compensation funds. This study recommends strengthening regulations, improving dispute resolution mechanisms, and increasing coordination between national and international laws to create better legal protection for victims.
AKIBAT HUKUM BAGI PELAKU PENYEBARAN INFORMASI PALSU (HOAX) BERDASARKAN UU ITE Prasetyo Wibowo, Dedi; Sudarto
LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan Vol. 3 No. 1 (2025): LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan (Februari)
Publisher : YAYASAN PENDIDIKAN DAN PELAYANAN KESEHATAN RAHMAT HUSADA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.08221/lexlaguens.v3i1.96

Abstract

This research examines the legal consequences for perpetrators of spreading false information (hoaxes) based on the Electronic Information and Transactions Law (ITE Law) in Indonesia. The phenomenon of spreading hoaxes has become a serious problem in the digital era, causing unrest and potential conflict in society. The ITE Law is the main instrument in the government's efforts to deal with hoax cases in the digital realm. This study analyses the provisions of the ITE Law that regulate the dissemination of false information, particularly Article 28 paragraphs (1) and (2) and Article 45A. The results show that perpetrators of spreading hoaxes can be subject to criminal sanctions in the form of imprisonment for a maximum of 6 years and/or a fine of up to 1 billion rupiah. However, the application of this law still faces challenges, including a vague definition of hoax, difficulty in proving the element of intent, and concerns over restrictions on freedom of expression. The study also identifies inconsistencies in court decisions related to hoax cases, leading to a debate on the balance between combating hoaxes and protecting fundamental rights. The study concludes that while the ITE Law provides a strong legal basis for cracking down on perpetrators of hoaxes, regulatory improvements and a more comprehensive approach are needed to address the complexity of this issue in the digital age.
IMPLEMENTASI KETENTUAN HAK ASASI MANUSIA OLEH PRAJURIT POLISI MILITER ANGKATAN UDARA DALAM MENDUKUNG PELAKSANAAN TUGAS OPERASI MILITER Nyamantoro, Jarot; Sudarto
LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan Vol. 2 No. 1 (2024): LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan (Februari)
Publisher : YAYASAN PENDIDIKAN DAN PELAYANAN KESEHATAN RAHMAT HUSADA

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Abstract

The implementation of the duties of the Air Force Military Police in the activities of criminal investigation and physical security functions, enforcement of discipline and order, investigations and examinations must be guided by the provisions and rules of law and human rights applicable in Indonesia. Therefore, it is very interesting and important to study further how to improve the understanding of Air Force Military Police Soldiers about human rights? and how is the implementation of human rights by Air Force Military Police Soldiers in carrying out operational duties? To answer these problems, a normative legal research method is used with a statutory and conceptual regulatory approach method. Data obtained from primary, secondary, and tertiary legal sources are collected and then analyzed using qualitative data analysis techniques. From the results of the study, it was found that soldiers' understanding of the regulations applicable in the operational area needs to be prioritized, so that internal improvements to the Indonesian National Army in the reform era can help improve the image of the Indonesian National Army as a people's army that in carrying out its duties continues to uphold the law and human rights. The understanding of Air Force Military Police Soldiers regarding human rights in its application must be adjusted to the operational patterns carried out by the Indonesian National Army Air Force in order to improve the understanding of Air Force Military Police soldiers regarding human rights, so in pouring out the optimization of the understanding of Air Force Military Police soldiers regarding human rights in carrying out operational tasks is limited to the main ideas which are the understanding applied to each condition.
IMPLEMENTASI HUKUM ATAS PENYALAHGUNAAN NARKOTIKA OLEH ANGGOTA KEPOLISIAN REPUBLIK INDONESIA BERDASARKAN UNDANG UNDANG NOMOR 35 TAHUN 2009 TENTANG NARKOTIKA Bagus Ricky Pratama, Gede; Sudarto
LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan Vol. 2 No. 1 (2024): LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan (Februari)
Publisher : YAYASAN PENDIDIKAN DAN PELAYANAN KESEHATAN RAHMAT HUSADA

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Abstract

The police as executors and law enforcers have the task of maintaining security within the Republic of Indonesia and are given the authority to prevent and eradicate criminal acts. The aim of this research is to examine and analyze law enforcement against police officers who commit criminal acts of narcotics abuse based on Law Number 35 of 2009 concerning Narcotics. This research is normative juridical research, using a statutory approach, conceptual approach and case approach. Regarding members of the police who commit narcotics abuse, these members of the National Police will file a case and undergo two types of judicial processes, namely general justice (the criminal justice process for members of the National Police of the Republic of Indonesia is generally carried out according to procedural law applicable in general courts). The second is disciplinary violators, and the third is disciplinary regulations. This disciplinary regulation is implemented when a court decision which has permanent legal force is then used as evidence to Propam regarding the violation committed. Based on Circular Letter Number: SE/9/V/2021 concerning Standard Guidelines for Implementing Violations of the POLRI Professional Code of Ethics, namely that drug abuse, including serious violations, can be recommended for Dishonorable Dismissal (PTDH), because drug violations are extraordinary criminal acts and constitute a common enemy that can damage the nation's generation and must be eradicated. Regarding members of the police who commit narcotics abuse, these members of the National Police will file a case and undergo two types of judicial processes, namely general justice (the criminal justice process for members of the National Police of the Republic of Indonesia is generally carried out according to procedural law applicable in general courts).
PERLINDUNGAN HAM BAGI ANGGOTA POLRI YANG MELAKSANAKAN TUGAS PENGAMANAN UNJUK RASA BERDASARKAN UNDANG - UNDANG NOMOR 39 TAHUN 1999 TENTANG HAM Bintang Pamungkas, Ghozali; Sudarto
LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan Vol. 2 No. 1 (2024): LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan (Februari)
Publisher : YAYASAN PENDIDIKAN DAN PELAYANAN KESEHATAN RAHMAT HUSADA

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Abstract

Demonstrations are activities carried out by one or more people to express their thoughts verbally, in writing and so on demonstratively in public. It is not uncommon for demonstrations to result in riots against members of the National Police. Protection of Human Rights for members of the Indonesian National Police in securing demonstration duties is an important aspect that must be considered. This research will discuss the protection of human rights for members of the National Police who carry out security duties at demonstrations and the obstacles faced by members of the police in dealing with demonstrations. The legal research method used is a normative juridical legal research method supported by empirical data. Using a statutory approach and a conceptual approach. obtained from primary, secondary and tertiary legal material sources. Human Rights are a set of rights that are inherent in the nature and existence of humans as creatures of God Almighty and are His gifts that must be respected, upheld and protected by the state, law, government and everyone for the sake of honor and protection of human dignity. including members of the National Police. Protection of Human Rights for Police Members Carrying Out Demonstration Security Tasks includes the Right to Life, the Right to Obtain Justice in the Legal Process, the Right to obtain legal assistance and the Right to Obtain Protection from Violence. Obstacles faced by members of the National Police in dealing with demonstrations include lack of personnel, lack of equipment, anarchic attitude of the masses, provocations and bad weather.