Garuda - Garba Rujukan Digital

PERLINDUNGAN HUKUM ATAS KEKERASAN SEKSUAL BAGI KAUM PENYANDANG DISABILITAS TUNA NETRA Rama Yanuar Rizky; Ahmad Mahyani
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 : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v2i3.60

So far, people with disabilities have experienced various kinds of discrimination, especially women. Women with disabilities are very vulnerable to being victims of violence, including sexual violence. Various reports in the media show that there are many women with disabilities. Over time, we are often surprised by the emergence of several cases involving persons with disabilities. One of the cases experienced by persons with disabilities is being a victim of rape. The situation of disabled people who are victims of sexual violence is worrying, not only because they are a vulnerable group, but also because many do not receive legal protection. From 2015 to 2016, there were 74 cases of sexual violence in Yogyakarta, of which 3 were handled through legal channels and other cases were medical, psychological and even medical, psychological and even the same way, the Advocacy Center for Women and Children with Disabilities (Advocacy Center for Women and Children with Disabilities). Persons with Disabilities). SAPDA) DIY published a study in 2016 which found that 84.5% of violence against women with disabilities did not have legal protection. Since the enactment of Law No. 8 of 2016 concerning Disabilities which was ratified by President Joko Widodo on April 15, 2016, there is no longer any mention of the term "disability" for people with physical limitations. The Disability Policy is the commitment of the Indonesian government to regulate the protection and fulfillment of the rights of people with disabilities in Indonesia

PENYALAHGUNAAN WEWENANG DALAM TINDAK PIDANA KORUPSI YANG DILAKUKAN OLEH PENDAMPING SOSIAL PROGRAM KELUARGA HARAPAN (PKH) Dimas Rangga Kusuma Aji; Ahmad Mahyani
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 : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v2i3.83

In the midst of Indonesia's economic crisis and the increasing number of poverties, which is triggered by corruption. Corruption can endanger the stability and security of society, economy, politics and can damage the democratic values ??and morality of a country. From a legal point of view, corruption is an extraordinary crime (extraoredinary crimes) and there are also opinions that say that corruption is also a crime against humanity (crimes against humanity) which until now has only become the Ius Constituendum. The practice of criminal acts of corruption has been increasing in recent years. Suspects or defendants from the perpetrators of this crime are no longer limited to the executive and also the legislature and the judiciary. There is one case which is an act of misuse of funds in one of these types of social assistance, one of which is in Malang City, where there is a case of embezzlement of social assistance funds (bansos) for the Family Hope Program (PKH) carried out by Penny Tri Herdhiani (28) who is a PKH assistant in Kanigoro Village, Pagelaran District. Embezzlement is carried out by not providing a Prosperous Family Card (KKS) to KPM (Beneficiary Families) who have died and have moved places/addresses as well as withdrawing some of the PKH funds belonging to KPM. So that this action can be said as an abuse of authority. The abuse of authority is not only carried out by state officials who have high positions or strategic positions but also spreads to remote areas by regional officials. Abuse of authority is stated in Article 3 of Law no. 31 of 1999 concerning the Eradication of Corruption Crimes Jo. UU no. 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption. So that this research will be able to answer the formulation of the problem regarding the concept of abuse of authority and the concept of violating the law in cases of criminal acts of corruption, as well as the application of material criminal law to criminal acts of corruption in the Family Hope Program (PKH) funds in Malang City in Decision Number 119/Pid-Sus- TPK/2021/PN Sby

PENEGAKAN HUKUM TINDAK PIDANA CYBERPORN DI APLIKASI MEDIA SOSIAL BIGO LIVE: STUDI DI DITRESKRIMSUS POLDA JATIM Elvaretta Helsa Salsabilla; Ahmad Mahyani
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 2 No. 1 (2022): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v2i1.139

The development of internet technology at this time is one of the most popular ones, especially among teenagers. But not a few of them make the internet a new means to commit crimes against decency, namely cyberporn crimes. Cyberporn is a form of pornography that can be accessed online through an internet network. Enforcement of cyberporn criminal acts is regulated in the Law of the Republic of Indonesia Number 11 of 2008 Jo Law Number 19 of 2016 concerning Electronic Information and Transactions; Law No. 44 of 2008 concerning Pornography and the Criminal Code on Pornography. The problems studied in this study are: (1) How to expand the meaning of pornography in the Bigo Live social media application. (2) How to prevent cyberporn crimes on social media based on live streaming video. The research methods used are qualitative approaches and types of sociological juridical or empirical juridical research. Data obtained by conducting interviews, literature studies and questionnaires. The results of the research from this study are: (1) The importance of the role of law enforcement officials in conducting law enforcement in Indonesia in cyberporn crimes based on live streaming video. (2) Efforts to prevent cyberporn crimes that are rife on the Bigo Live application and by using criminal policies so that they do not happen again with other cases and make the public even more aware of cyberporn crimes. The conclusion of this study is (1) Abuse in the Bigo Live application which still has a lot of content containing pornographic elements has violated the ITE Law, the Pornography Law and the Criminal Code and because there are still many misinterpreters, a Joint Decree on Implementation Guidelines for certain articles in the ITE Law (2) Prevention efforts carried out for cyberporn crimes by carrying out criminal policies using two paths, namely penal facilities and non-piration facilities

NOODWEER DAN NOODWEER EXCES TERHADAP PELAKU TINDAK PIDANA PEMBUNUHAN Elvira Puspa Anggraeni; Ahmad Mahyani
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 2 No. 1 (2022): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v2i1.140

As a state of law, Indonesia is obliged to implement everything based on the applicable rules. No exception related to criminal acts, mistakes and also liability in accordance with applicable law. The material truth that is the value of a trial process will correlate with a person's criminal responsibility. One of them is in the case with Decision Number: 867/Pid.B/2021/PN.Jkt.Sel on behalf of the Defendant Fikri Ramadhan, who committed the murder of four FPI members in order to carry out his duties as members of the police. In order to look further into this case, the researcher formulates the problem formulation, namely how are the qualifications of noodweer and noodweer exces in criminal liability related to the crime of murder. This study uses normative legal research to find solutions to legal problems in this study. The conceptual approach and the legal approach are used by researchers as an approach method in this study. The results of this study found that Noodweer and Noodweer exces have been regulated in Article 49 of the Criminal Code. Noodweer and noodweer exces have similarities in the sense of carrying out a self-defense because of an attack that is against the law, against the body, wealth and honor of morality to either yourself or others. While between the two there is a difference, in this case the noodweer exces case there is a great mental shock experienced by the perpetrator. In the case of criminal acts in the a quo case, the murder committed by the defendant falls into the category of self-defense and self-defense that goes beyond the limits. This is because at the time of the incident the defendant experienced a very large psychological shock due to the threat of strangulation and the pointing of a firearm made by the perpetrator against the defendant and his partner, in their self-defense efforts

PERTANGGUNGJAWABAN PIDANA PELAKU PELECEHAN SEKSUAL PENGIDAP FETISHISTIC DISORDER: STUDI PUTUSAN MAHKAMAH AGUNG NOMOR 2286/PID.SUS/2020/PN SBY Dwi Alfiyatussa Diyah; Ahmad Mahyani
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 2 No. 1 (2022): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v2i1.143

The purpose of this study is to identify and explain the criminal responsibility for perpetrators of sexual harassment with Fetishistic disorder also analyze the conformity of the criminal responsibility received by the perpetrators with Law Number 19 of 2016 on Information and Electronic Transactions. This research was using normative legal methods with statutory approach, conceptual approach originating from primary source in the form of statutory regulations, secondary and tertiary sources from related legal literature. The results of this study are the equating of Fetishistic disorder with the crime of sexual harassment in the form of obscenity as stated in the Criminal Code. The consideration used is the perpetrator's actions which clearly break the norms of decency. The actions taken by the perpetrator are carried out consciously and they know the impact of their actions. In accordance with article 44 of the Criminal Code, the perpetrators have to be responsible for their actions. Because the actions taken by the perpetrators involved technology so it will be a special kind of crime. Thus, the judge considered Article 27 paragraph (4) in conjunction with Article 45 paragraph (4) and/or Article 29 in conjunction with 45B of the Electronic Information And Transactions Law in deciding this crime

LANDASAN PERUMUSAN LOCUS DELICTI DALAM SURAT DAKWAAN PADA KEJAHATAN SIBER Rio Dirgantara Pakaya; Ahmad Mahyani
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 2 No. 1 (2022): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v2i1.160

This research will discuss the basis for the formulation of locus delicti in an indictment on cybercrime, an indictment is an essential matter in a criminal procedure, especially if it contains material conditions, which if these conditions are not met can result in the indictment being blurred (Obscuur Libel) or null and void (for the sake of law). Vernietigbaar). The mistake in formulating locus delicti was the beginning of the non-fulfillment of the requirements in the indictment. So that the formulation of the problem is whether the basis for theformulation of locus delicti in the indictment on cybercrime has been regulated in procedural law in Indonesia. This type of research is a legal research by studying the existing positive legal rules and adding conceptually exploring the issues discussed through legal principles and expert opinions. So it is found that in criminal procedural law in Indonesia there are no rules that regulate explicitly and are used as a basis in formulating locus delicti in an indictment on cybercrime

PEMIDANAAN TERHADAP PELAKU TINDAK PIDANA MELARIKAN WANITA YANG BELUM CUKUP UMUR PUTUSAN /36/Pid.B/2019 PN GST Sinta Nuriyah; Ahmad Mahyani
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 3 No. 1 (2023): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v3i1.163

This type of crime against human freedom in Chapter II Chapter XVIII of the Criminal Code, which is specifically investigated in Article 332 of the Criminal Code, which means running away from an underage woman. This study explains the criminal responsibility of elderly women who have run away and legal considerations for judges deciding crimes where elderly women are not sufficient. This study uses normative research, due to criminal acts that run away from immature women. The application of punishment is not in accordance with Article 332 of the Criminal Code, namely the conflict between Article 332 of the Criminal Code and the judge's decision. People who run away with too few women can only be held accountable if they meet the criteria of criminal responsibility, in this case they can be sentenced to a maximum of 7 years in prison according to Article 332 Paragraph (1) 1st of the Criminal Code. The basis for the opinion of the judge to give a decision in the case of running away from a girl who is not yet an adult is a matter of legal consideration based on legal facts in court to prove the guilt of the defendant

TANGGUNG JAWAB PIDANA BAGI PELAKU YANG MENGGUNAKAN BAHAN BAKU KEDALUWARSA Erlina Dwi Susanti; Ahmad Mahyani
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 3 No. 1 (2023): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v3i1.168

This article or article aims to discuss criminal responsibility for the perpetrators of using expired raw materials using the Study of Decision Number 284/Pid.Sus/2019/PN.Mjk. The defendant is an owner of UD. BAROKAH which is engaged in the production of super instant noodles stamped BUNGA TROMPET. Implementation of activities or processes of production, storage, transportation, and distribution of super instant noodle food, the Defendant used raw materials by purchasing expired instant noodle raw materials, then reprocessing them like instant noodle processing in general, but the raw materials used where default has expired. Then the instant noodles are repackaged using plastic packaging and labeled super instant noodles stamp BUNGA TROMPET. The method used in this research is normative juridical or legal research, namely research that is focused on examining the application of rules or norms in positive law. This research was conducted by examining various formal legal regulations such as laws, as well as literature containing theoretical concepts related to the problems discussed in writing. This study concludes that corporate criminal liability is still a problem that needs to be resolved. Likewise, the issue of criminal liability to corporations in criminal acts in the field of consumer protection still contains many weaknesses. As well as the Decision Number 284/Pid.Sus/2019/PN.Mjk has a deterrent effect on the Defendant. However, the actions of Defendant can still fulfill the elements of Article 11 letters a and b of the UUPK. As well as labeling the noodles as if they were edible and safe for health

PERTANGGUNGJAWABAN PIDANA BAGI PELAKU MONEY LAUNDERING BERKEDOK INVESTASI MELALUI TRADING Ihda Aniqoh; Ahmad Mahyani
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 3 No. 1 (2023): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v3i1.180

Money laundering crimes often occur in parts of the world, including Indonesia. Money laundering is an activity in which a person keeps or does not reveal the origin of the proceeds of crime through various transactions so that the property appears to have originated from a legitimate act. Money laundering has 3 (three) stages, namely placement, layering and integration. Over time, money laundering can be done in any way, one of which is through investment or trading. This study uses a normative juridical method using statutory, conceptual and case approaches. This study discusses criminal responsibility for money laundering actors under the guise of investment through trading. The results of this study show that Decision Number 71/Pid.B/2022/PN Tbn. The judge decided to sentence the perpetrators of investment fraud through trading to imprisonment for 3 years and 8 months using the basis of Article 378 juncto Article 55 paragraph (1) 1 of the Criminal Code

KETERANGAN TESTIMONIUM DE AUDITU YANG DIJADIKAN SEBAGAI ALAT BUKTI DALAM PENJATUHAN PUTUSAN HAKIM Filzah Arina Putri; Ahmad Mahyani
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 3 No. 1 (2023): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v3i1.185

According to Article 1 point 26 of the Criminal Procedure Code, neither the Public Prosecutor nor Legal Counsel may present witnesses who are deemed to have met the requirements as qualified witnesses. According to Article 185 paragraph (6) letter a of the Criminal Procedure Code, one of the main factors that must be considered by the panel of judges in determining whether or not a witness' statement is true or not is the conformity between the testimony of the first witness and the statements of other witnesses. This assessment is also inseparable from the judge's conviction which will be determined by the evidence provided by the witness. Basically, the witness testimony de auditu cannot be said to be a valid witness or cannot be accepted as evidence in the evidentiary process. In the field of criminal law, the terms criminal and sentencing are used interchangeably. However, the term punishment is more precisely interpreted as "suffering that is intentionally imposed or given by the state to a person or several people as a legal consequence (sanction) for him for his actions that violate the prohibition of criminal law". Because almost all proof of criminal cases depends on examining witness evidence, witness testimony is very important in the process of proving a case in court. However, the judge still depends on the evidence presented, the court can consider everything related to the guilt or innocence of the defendant. Witness testimony is one of the means of evidence based on evidence regulated in Law Number 8 of 1981 concerning the Criminal Procedure Code (KUHAP). In handling criminal cases, evidence in the form of witness testimony has legal weight. The testimony of this witness is prioritized in the verification process and has the potential to be the most significant piece of evidence when the case is heard

Title

Found 22 Documents
Search

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Title Search

Found 22 Documents Search

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Title

Found 22 Documents
Search