Articles
<![CDATA[HARMONISASI HAK PISTOLEE DENGAN KETENTUAN FASILITAS NARAPIDANA ]]>
<![CDATA[Mahyani, Ahmad]]>
<![CDATA[ DiH: Jurnal Ilmu Hukum Volume 15 Nomor 1 Februari 2019 ]]>
Publisher : <![CDATA[Doctor of Law Study Program Faculty of Law, Universitas 17 Agustus 1945 Surabaya ]]>
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DOI: 10.30996/dih.v15i1.2263
<![CDATA[Terdapatnya fasilitas mewah di Lapas atau Rutan yang dinikmati para Napi atau Tahanan tertentu, menimbulkan reaksi keras dari masyarakat. Pemberian fasilitas ini akan menghilangkan efek jera yang hendak dicapai. Sebenarnya pemberian fasilitas kepada terpidana hukuman kurungan yang disebut dengan hak pistolee diperbolehkan berdasar Pasal 23 KUHP, berupa fasilitas tertentu seperti penyediaan tempat tidur, dan lainnya dengan ongkos sendiri. Sedangkan Pasal 4 Permenkumham No. 6 Tahun 2013, melarang setiap tahanan atau narapidana melengkapi kamar hunian selain dengan perlengkapan yang sudah disediakan. Perbedaan ketentuan fasilitas ini dirasakan melanggar nilai keadilan, asas equality before the law dan nilai-nilai kepatutan serta menimbulkan pandangan negatif di masyarakat. Rumusan masalah: 1. Apakah ketentuan fasilitas terhadap terpidana hukuman penjara dan terpidana hukuman kurungan di Indonesia sudah harmonis; 2. Bagaimana mengharmonisasikan ketentuan fasilitas terhadap terpidana hukuman penjara dan terpidana hukuman kurungan. Menggunakan penelitian hukum normatif dengan metode pendekatan perundang-undangan dan pendekatan konsep yang didukung dengan teknik analisis preskriptif. Hasil penelitian ini, bahwa kedua ketentuan tersebut haruslah diselaraskan dan diharmonisasikan untuk memperoleh nilai keadilan, persamaan hukum dan nilai-nilai kepatutan tanpa membeda-bedakan status hukumannya.]]>
<![CDATA[Pertanggungjawaban Pidana Korporasi terhadap Hak Cipta ]]>
<![CDATA[Mahyani, Ahmad]]>
<![CDATA[ DiH: Jurnal Ilmu Hukum Vol 10, No 20 (2014) ]]>
Publisher : <![CDATA[Doctor of Law Study Program Faculty of Law, Universitas 17 Agustus 1945 Surabaya ]]>
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DOI: 10.30996/dih.v10i20.361
<![CDATA[Abstract. Not categorize a corporation as the subject of criminal law in the Copyright Act, the resulting corporation can not be prosecuted criminally liable. Corporations that commit crimes against copyright as if permission is granted impunity, namely freedom from punishment for his crimes in the form of piracy, reproduce and sell copyrighted works person. Though losses caused by corporate copyright offenders is enormous consequences for the country and for the owner or copyright holder than if the perpetrator is an individual. Accountability is delegated to the board of the corporation, be it director, manager, head of department, the operator, even though the employee has been going down during this proved unsuccessful raises deterrent effect. This research shows that in the case of copyright violations, the corporation must do the following may be prosecuted criminally managers with the maximum penalty for these crimes do not happen again in the future, along with the appropriate theory to apply. Also exposed to more forward thinking aspects of primum remedium if a violation has reached a disturbing level and cause ganggungan widely. It is recommended to take over the corporation who commits an offense if the implementation aspects of copyright primum remedium corporation went bankrupt, so that employees do not lose their jobs.Key words: Corporate, Subjects of Criminal Law, Copyright.]]>
<![CDATA[Problematika Implementasi Undang-Undang Nomor 6 Tahun 2014 tentang desa di Kabupaten Sidoarjo ]]>
<![CDATA[Ahmad Mahyani]]>;
<![CDATA[Slamet Suhartono]]>;
<![CDATA[Dwi Putri Sartik]]>;
<![CDATA[Johanes Dipa Widjaya]]>
<![CDATA[ UIR Law Review Vol. 3 No. 2 (2019): UIR Law Review ]]>
Publisher : <![CDATA[UIR Press ]]>
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DOI: 10.25299/uirlrev.2019.vol3(02).3749
<![CDATA[The state recognizes and respect the Village as a legal community unit that has the authorithy to regulate and manage gonverment affairs and the rights of origin and traditional autonomous. In the context of recognition and respect, since the independence of Indonesia several regulation have been enacted which from the legal basic for implementing village governance. The enactment of Law number of 2014 concerning villages and their implementing laws and regulations also bring legal consequences to the administration of the village administration, including the restructuring of village apparatus, the preparation of village development plans and other legal consequences. This research focuses on the implementation of law no 6 of 2014 specifically the preparation of the village budget and the orderly administration of the village so that it can be seen the problems experienced by the village government.]]>
<![CDATA[Pembatasan Kasasi Perkara Pidana Oleh Mahkamah Agung Ditinjau Dari Hak Rakyat Untuk Memperoleh Keadilan ]]>
<![CDATA[Aurelia Verina Withania]]>;
<![CDATA[Ahmad Mahyani]]>
<![CDATA[ ADALAH Vol 5, No 2 (2021) ]]>
Publisher : <![CDATA[UIN Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/adalah.v5i2.21469
<![CDATA[The existence of rules limiting the cassation becomes an obstacle for the public to obtain justice and is not in accordance with the principles of the state of Indonesia as a state of law which is stated in the provisions of the 1945 Constitution of the Republic of Indonesia in Article 28D. Problem: Is the limitation of cassation in Article 45A of the Supreme Court Law in accordance with the provisions of the 1945 Constitution and the Criminal Procedure Code. This research is a normative research method with a statutory approach and a conceptual approach as well as prescriptive analysis techniques. The cassation legal effort should return to its basic purpose, namely maintaining legal uniformity and unity and providing justice for the community.]]>
<![CDATA[Ethico-Legal Aspects Of Personal Data Protection In Indonesia ]]>
<![CDATA[Yovita Arie Mangesti]]>;
<![CDATA[Slamet Suhartono]]>;
<![CDATA[Ahmad Mahyani]]>
<![CDATA[ International Journal of Educational Research & Social Sciences Vol. 2 No. 5 (2021): October 2021 ]]>
Publisher : <![CDATA[CV. Inara ]]>
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DOI: 10.51601/ijersc.v2i5.160
<![CDATA[Protection of personal data is a manifestation of the state's role in protecting human rights. The use of electronic data on the one hand provides convenience, especially in terms of accessibility of public services, but on the other hand electronic data leakage is a violation of ethics and law. This paper is a normative legal research that examines the ethical aspects of personal data protection in Indonesia with a statutory approach and a conceptual approach. There is an ethical and legal correlation that should be the legal ratio of personal data protection, so that in order to provide legal protection not only through the formation of laws but also the efforts of the information commission agency to educate the public that ethically the misuse of one's personal data for commodities is a non-legal act. ethical behavior that exploits and demeans human dignity, which must be accounted for. Protection of personal data is realized by making crimes against personal data a common offense, and providing public accessibility to obtain advocacy whenpersonal data is misused in order to achieve the value of justice and legal protection.]]>
<![CDATA[Ethico-Legal Aspects Of Personal Data Protection In Indonesia ]]>
<![CDATA[Yovita Arie Mangesti]]>;
<![CDATA[Slamet Suhartono]]>;
<![CDATA[Ahmad Mahyani]]>
<![CDATA[ International Journal of Educational Research & Social Sciences Vol. 2 No. 5 (2021): October 2021 ]]>
Publisher : <![CDATA[CV. Inara ]]>
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DOI: 10.51601/ijersc.v2i5.180
<![CDATA[Protection of personal data is a manifestation of the state's role in protecting human rights. The use of electronic data on the one hand provides convenience, especially in terms of accessibility of public services, but on the other hand electronic data leakage is a violation of ethics and law. This paper is a normative legal research that examines the ethical aspects of personal data protection in Indonesia with a statutory approach and a conceptual approach. There is an ethical and legal correlation that should be the legal ratio of personal data protection, so that in order to provide legal protection not only through the formation of laws but also the efforts of the information commission agency to educate the public that ethically the misuse of one's personal data for commodities is a non-legal act. ethical behavior that exploits and demeans human dignity, which must be accounted for. Protection of personal data is realized by making crimes against personal data a common offense, and providing public accessibility to obtain advocacy whenpersonal data is misused in order to achieve the value of justice and legal protection.]]>
<![CDATA[PEMALSUAN IDENTITAS ANAK DALAM AKTA OTENTIK OLEH KELUARGA KORBAN AKIBAT PEMERKOSAAN ]]>
<![CDATA[Nurul Fakhriyah]]>;
<![CDATA[Ahmad Mahyani]]>
<![CDATA[ Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 2 No. 2 (2022): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance ]]>
Publisher : <![CDATA[Gapenas Publisher ]]>
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DOI: 10.53363/bureau.v2i2.49
<![CDATA[The purpose of this study is to find out how the state guarantees rape child status, that no one wants to be the victim of one's vile act, the result of rape is not uncommon in trauma, pregnancy. The birth of a child must have been a heavy responsibility for the victim to assume a new status as a mother of an unwanted child. Everyone is protected and granted rights by the state from the womb until it recovers age. While a rape victim is allowed to have an abortion, it is not uncommon for a victim to keep her pregnancy in check until the child resulting from rape is born in the world. The birth of the child is certainly born as well as the rights of the child, the parental obligation to give to the identity of the child which is guaranteed by the state should be highly valued and respected to protect the dignity and dignity of the child as it is defined by the legislation on child protection, when the rights of the child are taken away by the family as a result of rape, there isa conflict between the rules and the fact that the child has lost his identity as a result of the selfishness of the party. The child has a right to have an identity on him since he was born in the world. The child in general from the rape right to know his or her identity starting with his or her biological parents, usually hidden in order to cover up the shame of the rape victim's family. This would surely be fateful for the present and future because authentic deeds are the letters used for human life. It is ignored by the victims' families, whereas it is a violation of the penal penal code on the part of authentic deed forgery as long as the maximum prison penalty of six years is threatened, and it is charged with 2016's second amendment act on child protection]]>
<![CDATA[PENCEGAHAN PEMBAJAKAN ATLET E-SPORTS MELALUI PERLINDUNGAN HUKUM KEPADA TIM E-SPORTS ]]>
<![CDATA[Cantika Maulidea]]>;
<![CDATA[Ahmad Mahyani]]>
<![CDATA[ Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 2 No. 3 (2022): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance ]]>
Publisher : <![CDATA[Gapenas Publisher ]]>
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DOI: 10.53363/bureau.v2i3.61
<![CDATA[E-sports is a modern sport that is currently quite popular and promising in Indonesia. In competitive sports, unsupportive things often happen, one of which is poaching. Poaching is considered unsupportive because it can cause losses to E-sports teams whose athletes are illegally captured. Because of this, there needs to be legal protection to limit the actions of the parties involved in the E-sports ecosystem. This research uses normative legal research methods as a method to find out what are the legal consequences of the existence of poaching and to analyze how forms of legal protection can be applied to E-sports teams as a form of prevention or rule over poaching practices. The results of this study found that the result of the poaching was the emergence of sanctions in the form of compensation, and legal efforts to protect the E-sports team from the poaching are through PBESI regulations and the arrangement of specific clauses in employment agreement contracts]]>
<![CDATA[ANALISIS GANTI KERUGIAN TERHADAP KORBAN SALAH TANGKAP ]]>
<![CDATA[Fajjrul Nur Ilham]]>;
<![CDATA[Ahmad Mahyani]]>
<![CDATA[ Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 2 No. 3 (2022): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance ]]>
Publisher : <![CDATA[Gapenas Publisher ]]>
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DOI: 10.53363/bureau.v2i3.81
<![CDATA[Investigators are at the forefront of an initial process of examining criminal cases, which then if the files are in accordance with the delegation of case files will proceed to the trial stage conducted by the prosecutor. In carrying out their duties, the Indonesian National Police or investigators must act fairly and wisely in determining the truth of a criminal case. One of the duties of the Indonesian National Police is to conduct an investigation. The investigation process is an examination mechanism in criminal cases that functions to seek sufficient information, as well as to find and collect valid evidence regarding the case and to find the suspect, this is stated in Article 1 Paragraph 2 of Law Number 8 of 1981 KUHAP. To be able to convict a defendant, there are at least two valid pieces of evidence. Evidence is regulated in Article 184 paragraph (1) of the Criminal Procedure Code, valid evidence is: a. witness testimony; b. expert testimony; c. letter; d. instruction; e. defendant's statement. But in reality, at this time there are many cases of wrongful arrests that occur, from this it can be concluded that the beginning of this wrong arrest case is in the investigation process carried out by police investigators to the role of judges to decide cases in court. This research has the aim of how the legal protection carried out by the state in terms of compensation for victims of wrongful arrests to get justice and their rights after a case of wrong arrest occurs]]>
<![CDATA[LEGAL STANDING KURIR EXPEDISI MENGIRIM BARANG BERUPA NARKOTIKA KARENA TIDAK MENGETAHUI ]]>
<![CDATA[Gede Agung Raynanda Putra Nuryanta]]>;
<![CDATA[Ahmad Mahyani]]>
<![CDATA[ Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 2 No. 3 (2022): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance ]]>
Publisher : <![CDATA[Gapenas Publisher ]]>
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DOI: 10.53363/bureau.v2i3.57
<![CDATA[Along with the development of technology, it makes it easier for humans to find information in various things that exist in the digital era or the current era and the advancement of telecommunication technology eliminates distance and the world becomes borderless world. Conventional buying and selling itself has been done since ancient times and with it developments that there is buying and selling is experiencing developments where buying and selling in the current era which we usually call the E-Commerce buying and selling system, the development of buying and selling is a person or seller who is in the online buying and selling application selling as well as possible, one of which is narcotics which has been described in Law 35 of 2009 on the Narcotics Law Article 1 paragraph 1 states that narcotics are artificial substances or those derived from plants that have hallucinatory effects, decrease consciousness, and cause addiction. These drugs can cause addiction if used excessively. The use of these substances is as a painkiller and provides calm. Abuse can be subject to legal sanctions. A person who buys narcotics via E-commerce where there is no sanction that ensnares the seller in the Buying and Selling Application they sell narcotics with indications of male strong drugs, in this problem In the Narcotics Act itself there are which elements for those who know or do not know can be subject to criminal penalties, because in their duties the sender of goods or couriers who carry out their duties can be punished based on the Narcotics Law, therefore the author wants to research related to Legal Arrangements on Expeditionary Couriers who carry out their work]]>
