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Pencabutan Hak Politik Pelaku Tindak Pidana Korupsi dalam Perspektif Hak Asasi Manusia Dina Fajar Indah; Haris Retno Susmiyati; Rini Apriyani
Jurnal Risalah Hukum Volume 16, Nomor 2, Desember 2020
Publisher : Fakultas Hukum Universitas Mulawarman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/risalah.v16i2.285

Abstract

ABSTRACT The judge took the progressive step. This step strongly supports the prevention and eradication of Corruption Crimes. However, in implementing the revocation of rights, the time limit for revocation must be explicitly given for the right to vote. This study aims to find out additional crimes in the form of revocation of rights to choose and be elected to public office if reviewed from the perspective of criminal law and to find out the compatibility between the decisions of the Supreme Court judge Number 537K / Pid.Sus / 2014 with human rights principles. This study uses doctrinal types. Namely, the authors collect material from the literature. These are hardcopy and softcopy that relate to the title of this study and by using an analysis of the object of research. The results obtained from this study are as follows: 1). Revocation of the right to choose and be chosen should be based on the crime rate, the impact caused to society, and the position of the position while doing the crime of corruption. Revocation of certain rights must be determined by a judge’s decision, and there is a time limit for revocation according to what has been stipulated in article 38 Criminal Code. However, Article 38 of the Criminal Code does not regulate specifically related time constraints for the removal of the right to vote and elected in public office. 2). Revocation of the right to be elected in public office complies with the principles of human rights. It can be said to be included in the category of degradable rights, or rights can be restricted. While the revocation of the right to vote who are not given the time constraints and repeal incompatible with the principles of human rights. Because the right to vote is a fundamental right of every citizen, who has been guaranteed by the constitution of 1945, besides, the time limit for the removal of the right to vote still needed due to respect of human rights offender criminal acts of corruption but to provide justice for victims of crime over the extraordinary crime then the period of revocation may be given more long, judging from the level of crimes committed.Keywords: rights; Human Rights; Revocation; Criminal; Corruption
Penegakan Hukum Pidana Terhadap Mucikari Terkait Prostitusi Online Di Indonesia Lulu Yulianti; Ivan Zairani Lisi; Rini Apriyani
Jurnal Risalah Hukum Volume 15, Nomor 1, Juni 2019
Publisher : Fakultas Hukum Universitas Mulawarman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/risalah.v15i1.332

Abstract

A Pimp is a man or a woman whose life is financed by prostitutes, in prostitution it helps to find costumers where she gets her portion and profiting from work done by prostitutes. This covers two points, the first wanted to know criminal law enforcement against pimps related to online prostitution in Indonesia. Second to know and analyze the determination of pimps in criminal law in Indonesia. As for the law enforcement against pimps the ensnares Information and Transaction Electronic law, Human Trafficking law and Penal Code can’t reach the problem of online prostitution. In Indonesia the responsibility of pimps in criminal law does not meet elements done by pimps because the law that ensnares pimps in Indonesia haven’t set it about online prostitution.
Law Enforcement Against The Crime Of Human Trafficking At Line Two, Poros Samarinda-Tenggarong Rahman Risanto; La Syarifuddin; Rini Apriyani
Activa Yuris: Jurnal Hukum Vol 1, No 2 (2021)
Publisher : Universitas PGRI Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25273/ay.v1i2.8628

Abstract

Indonesia has provided a legal basis for the criminal conduct of human trafficking  in Law Number 21 of 2007 concerning the Crime of Human Trafficking. The disclosure of the case of human trafficking at the coffee shop pangku on Line Two Poros Samarinda-Tenggarong which was carried out directly by the Tenggarong Sebrang police found one of the practices of human trafficking under the guise of a coffee shop, on Line Two Poros Samarinda-Tenggarong. Even though the stalls have been brought under control several times, in reality these stalls are quickly operating again. So it can be seen that law enforcement against the crime of human trafficking under the guise of a coffee shop on Line Two Poros Samarinda-Tenggarong has not been fully running well. The purpose of this study is to determine the enforcement of criminal law against perpetrators of criminal conducts of human trafficking in the Line Two Poros Samarinda-Tenggarong. The two authors want to know the efforts that have been made by the government to overcome the practice of human trafficking in Line Two Poros Samarinda-Tenggarong. Based on the collection of legal data, the authors get answers regarding law enforcement against the perpetrators of the criminal conduct of human trafficking in Line Two Poros Samarinda-Tenggarong, only 1 case was carried out in 2018 against the defendant Wiwik Julianto with an underage victim, in which the defendant was sentenced to 6 years imprisonment. Apart from this case, law enforcement has not been carried out against the perpetrators of the criminal conduct of human trafficking at the coffee shop on Line Two Poros Samarinda-Tenggarong by the Tenggarong Seberang sector police on the grounds that they have not found strong evidence of the existence of human trafficking in the form of prostitution, although they also admit that there are many and still active prostitution activities in the coffee shop. The government's efforts against the practice of human trafficking in the Line Two Poros Samarinda-Tenggarong, efforts by the Satpol PP of Kutai Kartanegara Regency were hampered by field conditions which were indeed protected by community organizations that protected coffee shops on the Line Two Poros Samarinda-Tenggarong and the unpleasant treatment by shopkeepers. The shop is a threat to the safety of its officers. Legal efforts made by the Tenggarong Seberang Police are only limited to data collection, raids on alcohol and arrests traffickers in the form of prostitution only if they receive a report
Penerapan Asas Primum Remedium Tindak Pidana Lingkungan Hidup Kania Tamara Pratiwi; Siti Kotijah; Rini Apriyani
SASI Vol 27, No 3 (2021): Volume 27 Nomor 3, Juli - September 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v27i3.471

Abstract

The principle of primum remedium emphasizes the application of Article 84 of Law Number 32 of 2009 concerning Protection and Management of the Environment, whose actions do not need to be proven, it is clear that committing environmental crimes, which in environmental law enforcement is rarely applied by judges in the Supreme Court decisions. Doctrinal research with the adjudication of judges' decisions. The application of the primum remedium principle in environmental law enforcement in B3 waste cases does not need to be proven and clearly commits pollution and destruction of the environmental environment, thus providing a deterrent effect for perpetrators and anyone who will commit environmental crimes. The formulation of the classification of criminal elements is clearly and firmly regulated in the UUPPLH criminal provisions relating to the application of the two principles of primum remedium and ultimum remedium. The validity of criminal law as primum remedium with Decision Number 487 / Pid.B / LH / 209 / PN Sm, does not pay attention to formal offenses so that environmental crimes can be released from criminal threats. For this reason, the judge's understanding and certification in deciding cases related to environmental law must be evaluated and monitored for the judge.