Article Per Year (5 Year)
p-Index From 2021 - 2026
0
P-Index
This Author published in this journals
All Journal Jurnal Cakrawala Hukum
Hartarto Pakpahan
Universitas Merdeka Malang
Law, Crime, Criminology & Criminal Justice

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

 1 
Tindak Pidana Hate Speech Ditinjau dari Hukum Pidana dan Konstitusi Hartarto Pakpahan
Jurnal Cakrawala Hukum Vol 9, No 2 (2018): December 2018
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v9i2.2771

Abstract

The development of information technology has changed the lifestyle (life style) for the people of Indonesia, including in expressing their opinions through various kinds of social networking sites such as face book, instagram, twiter, whatsapp and various other types of social media. Opinion through social media often often intentionally or unintentionally contains content of hate speeches which then also lead to punishment. Even though from the point of view of criminal law, it has regulated and also threatens a criminal sentence that is quite severe for people who conduct hate speeches. From the point of view of Constitutional Law the act of expressing an opinion / thought is not a crime or a crime because such action is an act protected by the laws and parts of human rights as stipulated in 28E and 28F of the 1945 Constitution. That is what makes expressions of expression a despicable or evil act and also contrary to the constitution because of the impact of hatred on certain people or groups, hate speech has the potential to cause hate crimes.How to cite item: Pakpahan, H. (2018). Tindak Pidana Hate Speech Ditinjau dari Hukum Pidana dan Konstitusi. Jurnal Cakrawala Hukum, 9(2), 168-176. doi:https://doi.org/10.26905/idjch.v9i2.2771
Batasan pertanggungjawaban pidana koperasi atas tidak berwenangnya debitur terhadap barang gadainya Hartarto Pakpahan
Jurnal Cakrawala Hukum Vol 11, No 2 (2020): August 2020
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v11i2.4395

Abstract

In the practice of credit services distributed by cooperatives to members as well as to the community, cooperatives typically require a special guarantee in the form of movable objects (pawning) with the intention, if the debtor defaults on his credit, the creditor can take repayment of the right of collection from the pledge object. In practice it also turns out that often the debtor is not authorized to pledge mortgages as collateral for loans to the pawnshop cooperative as the creditor. Debtor is not authorized for these pawns usually because the pawned item is a loan item (belonging to a third party), that is, the safekeeping item or even the pawning item is the result of theft / confiscation / crime (obtained by illegal means) so that the cooperative that receives the item as collateral for credit, become involved in a legal problem, namely criminal offense as referred to in Article 480 of the Criminal Code. Whereas on the other hand there are weaknesses on the evidence of ownership of a movable object which is the object of a pledge, that is as stipulated in article 1977 of the Indonesian Civil Code which states "who controls the movable object is considered to be the owner." Cooperative criminal liability for the pledge that he receives when the pawning goods provided by the debtor are obtained in an illegal manner.How to cite item: Pakpahan, H. (2020). Batasan pertanggungjawaban pidana koperasi atas tidak berwenangnya debitur terhadap barang gadainya. Jurnal Cakrawala Hukum, 11(2), 166-176. doi:https://doi.org/10.26905/idjch.v11i2.4395
Co-Authors