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Paradoks Penyidik Pegawai Negeri Sipil Dalam Sistem Peradilan Pidana Indonesia Basuki Basuki; Muhammad Mustofa; Ramlani Lina Sinaulan
Jurnal Penelitian Hukum Legalitas Vol 15, No 2 (2021)
Publisher : Universitas Jayabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31479/jphl.v15i2.233

Problems deviation between the expected role and should by Civil Servant Investigators (investigators) are overlapping in charge. It is essentially a paradox. This study uses a normative law research. To obtain accurate data, researchers used the literature study technique, which consists of primary, secondary, and tertiary legal materials. Data obtained from the results of library research will be analyzed qualitatively with descriptive methods. From the research results obtained, firstly in carrying out an investigation, PPNS must follow the applicable legal norms because it is a reflection of legal certainty as well as the obligation to coordinate with the Supervisory Coordinator as a requirement for the application of the principle of legality in all its forms (due process of law), namely that all government actions must based on legal and written laws and regulations. Second, certain Civil Servants who are given the authority by law to carry out investigations in accordance with the laws which are their respective legal bases are subordination of the executive branch not included in the Indonesian Criminal Justice System, therefore the Criminal Procedure Code strictly regulates that the PPNS relationship is under coordination. and supervision of police investigators.

PERLINDUNGAN HUKUM BAGI PARA PIHAK YANG DIRUGIKAN DALAM BIDANG PERTANAHAN AKIBAT PERISTIWA BENCANA ALAM TERKAIT BERGESERNYA BATAS TANAH Amirsyah Amirsyah; Felicitas Sri Marniati; Basuki Basuki
Jurnal Ilmiah Global Education Vol. 4 No. 1 (2023): JURNAL ILMIAH GLOBAL EDUCATION, Volume 4 Nomor 1, Maret 2023
Publisher : LPPM Institut Pendidikan Nusantara Global

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55681/jige.v4i1.515

Land in Indonesia still remains but its use is increasing and makes the value of land prices also go up, so it often causes conflict. Therefore, a complete settlement is needed that can be accepted by the litigants so that justice is created between the litigants. In this study raised two problems, namely how the legal consequences of natural disaster events that resulted in a shift in land boundaries and how the legal protection for the injured parties related to the shifting of land boundaries?. The method used is a normative juridical research method that initiates the collection of legal materials carried out by identifying and inventory of positive legal rules, researching library materials (books, scientific journals, research reports), and other sources of legal materials relevant to the legal issues under study. The results of this study suggested that the land shifted boundaries that can not be proved again because of the physical data is lost, so it is no longer in accordance with the physical data and juridical data as a strong evidence, it can solve the problem with physical evidence and non-physical in court and outside the court as UUPA and PP No. 24 of 2007 on Land Registration. However, in Article 43 of the regulation of the Minister of Agrarian Affairs and Spatial Planning / head of the National Land Agency of the Republic of Indonesia number 21 of 2020 concerning the handling and settlement of land cases is a form of legal protection against the community regarding dispute resolution that can be resolved through mediation at the initiative of the ministry, Regional Office, Land Office and so on.

KONSISTENSI PENERAPAN SANKSI PIDANA TERHADAP PELAKU PENISTA AGAMA DI INDONESIA Basuki Basuki
Jurnal Ilmiah Global Education Vol. 4 No. 1 (2023): JURNAL ILMIAH GLOBAL EDUCATION, Volume 4 Nomor 1, Maret 2023
Publisher : LPPM Institut Pendidikan Nusantara Global

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55681/jige.v4i1.537

The Indonesian constitution, namely the 1945 Constitution, is one of the instruments of human rights fulfillment, namely regulating the protection of religious freedom in Indonesia as stated in Article 27 paragraph (1), Article 28D paragraph (1), Article 28e, article 28i paragraph (1) and (2), Article 29 paragraph (2). In order to maintain the relationship between religious freedom and public order, the state makes restrictions on actions that are considered blasphemous or insulting to other religions that can trigger conflicts in public life. In this study raised two problems, namely how the consistency of the application of criminal sanctions against perpetrators of blasphemy in Indonesia ? and What is the form of updating the Criminal Code in realizing the consistency of the application of sanctions against perpetrators of religious blasphemy in Indonesia? The Theory of deferential Association by Edwin H. Sutherland and Emile Durkheim's theory of Anatomy. The method used is a normative juridical research method that begins the collection of legal materials carried out by identifying and inventorying positive legal rules, researching library materials (books, scientific journals, research reports), and other sources of legal materials relevant to the legal issues under study. The result of this study is that the consistency of the application of criminal sanctions against perpetrators of blasphemy in Indonesia. Has not been consistent and the Criminal Code (KUHP) relating to blasphemy needs to be renewed.

Perlindungan Hukum Pengelolaan Hak Atas Tanah Yang Bersertifikat Terkait Perubahan Peruntukan Menjadi Konservasi Kehutanan Sri Mulyani; Joko Sriwidodo; Basuki Basuki; Yuhelson Yuhelson
Dikmas: Jurnal Pendidikan Masyarakat dan Pengabdian Vol 3, No 1 (2023): March
Publisher : Magister Pendidikan Nonformal Pascasarjana Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37905/dikmas.3.1.221-232.2023

This article discusses the legal protection of the management of land rights that are certified related to the change in designation to forestry conservation. This is a problem because the status of the certificate of land rights whose designation has changed to forestry conservation. How to analyze and understand the legal consequences and know the legal protection of the management of certificated land rights that are included in forestry conservation. The research method used by researchers is normative juridical. In this study, the issues to be discussed are the legal consequences of managing certified land rights related to the change in designation to forestry conservation and legal protection for the management of certified land rights that are included in forestry conservation. The theory of legal consequences used is Soeroso's theory and its legal protection uses Philipus M. Hadjon's theory. The result of this research is that the legal position of certificates of land rights is as a means of proof for the holders of their rights and to guarantee legal certainty in society. Land rights certificates have strong evidentiary characteristics, as long as there is no other evidance to prove otherwise.

PENERAPAN PERATURAN KEJAKSAAN NOMOR 18 TAHUN 2021 TERKAIT REHABILITASI NARKOTIKA BERDASARKAN KEADILAN RESTORATIF Ari Hastuti; Joko Sriwidodo; Basuki Basuki
SINERGI : Jurnal Riset Ilmiah Vol. 1 No. 3 (2024): SINERGI : Jurnal Riset Ilmiah, Maret 2024
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/4je9ak19

Restorative Justice is utilized as an approach to resolve criminal cases involving offenders, victims, families, and relevant parties to seek a fair resolution, prioritizing rehabilitation over retribution. The Guidelines for Narcotics Rehabilitation based on Restorative Justice guide Prosecutors in the stages of pre-prosecution, prosecution, and rehabilitation supervision. In practice, there are differences in the interpretation and application of the dominus litis principle by Prosecutors in handling narcotics cases with a restorative justice approach. The limitations in understanding and applying the dominus litis principle can affect the consistency and uniformity of rehabilitation policies provided by the Prosecutor's Office in narcotics criminal cases. Moreover, this issue can also lead to inconsistent treatment of narcotics defendants in need of rehabilitation. The issue concerning the authority of the prosecutor's office in implementing rehabilitation policies in narcotics criminal cases with a restorative justice approach and enforcing the law in narcotics criminal cases with a restorative justice approach. This research method employed a normative juridical research type using legislative and conceptual approaches as the basis for analysis in addressing the issues. The conceptual approach used includes the concept of narcotics rehabilitation by the Indonesian Prosecutor's Office based on theories of authority and law enforcement, serving as analytical tools in addressing the issue of prosecutor's authority in law enforcement rehabilitation in narcotics criminal cases. In conclusion, the Prosecutor's Office has the juridical authority to conduct rehabilitation in narcotics criminal cases with a restorative justice approach. This is regulated in the Indonesian Prosecutor's Regulation Number 18 of 2021. Prosecutors play a central role in controlling cases, from investigation to court judgment execution, based on the dominus litis principle. Public prosecutors have a significant role in ensuring that medical and social rehabilitation efforts are carried out appropriately by designated rehabilitation institutions or health services, as well as in issuing warnings and taking further action if suspects fail to comply with the prescribed rehabilitation process. Law enforcement in cases of narcotics abuse requires a thorough understanding and strict application of the requirements based on the Indonesian Prosecutor's Regulation Number 18 of 2021

KEPASTIAN HUKUM JAMINAN KREDIT FIDUSIATERKAIT HAK CIPTA KONTEN YOUTUBE Yulistiawaty Yulistiawaty; Jelly Nasseri; Basuki Basuki
SINERGI : Jurnal Riset Ilmiah Vol. 1 No. 8 (2024): SINERGI : Jurnal Riset Ilmiah, Agustus 2024
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/fwtbs689

Based on Law No. 28 of 2014 concerning copyright, video content uploaded through the Youtube platform can be included in creations that are protected by law, because they are included in cinematographic works and can be categorized as intangible movable objects and can be used as objects of fiduciary security. In practice, both banks and non-bank financial institutions find it difficult to accept Youtube video content as an object of guarantee for financing agreements, this is because creditors do not feel that Youtube video content is an object that provides legal certainty if the debtor defaults. How does the fiduciary credit guarantee apply to youtube content Copyright? What is the legal certainty of fiduciary credit guarantee regarding youtube content Copyright? The theory used in this research is the theory of legal certainty Gustav Radbruch and The Theory of legal guarantees J.Satrio. The method used in this study is normative juridical research, namely legal research literature or secondary data with sources of primary, secondary and tertiary legal materials equipped with interviews. The research approach used is the approach of legislation and case approach and legal material collection techniques carried out by identifying and inventorying the rules of positive law, literature books, journals and other legal sources. For Technical Analysis of legal materials is carried out by systematic legal interpretation and methods of legal construction. From the results of the study, it can be concluded that youtube content is included in cinematographic works and can be categorized as intangible movable objects and can be used as objects of fiduciary security as Article 16 Paragraph (3) of the copyright law, but in practice there is still a need for arrangements and regulations related to the receipt of collateral in the form of intellectual property. So as to provide legal certainty to the banking institutions and non-banking institutions

PERLINDUNGAN HUKUM BAGI KORBAN CYBERCRIME PENYEBARAN DATA PRIBADI SECARA ONLINE Muliawansyah Apriandi; Rotua Valentina Sagala; Basuki Basuki
SINERGI : Jurnal Riset Ilmiah Vol. 1 No. 11 (2024): SINERGI : Jurnal Riset Ilmiah, November 2024
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/rxca0x19

The current development of information technology has certainly had a huge influence on social life in Indonesia. With such rapid progress in the field of technology and information, it is like a double-edged sword because apart from having a positive impact, it can also have a negative impact, one of which is the emergence of cybercrime online dissemination of personal data. The research method used is a normative juridical research method, while technical data analysis uses a statutory approach and a case approach, as well as using legal protection theory and punishment theory. The problem formulation taken is how to regulate cybercrime victims disseminating personal data online in Indonesia and what legal protection there is for cybercrime victims disseminating personal data online in Indonesia. The research results showed that legal protection for cybercrime victims of online dissemination of personal data in Indonesia has been regulated based on Law no. 1 of 2024 concerning the Second Amendment to Law Number 11 of 2008 concerning Information and Electronic Transactions (ITE Law), whose criminal sanctions prioritize punishment for the perpetrator only to provide a deterrent effect, and have not provided a direct impact or benefit for the victim. And in order to provide human rights protection for cybercrime victims of online distribution of personal data in Indonesia, apart from being subject to imprisonment and/or fines, perpetrators may also be subject to additional penalties in the form of confiscation of profits and/or assets obtained or proceeds from criminal acts. , and payment of compensation for victims, such as additional criminal sanctions for confiscation of profits and/or assets obtained or proceeds from criminal acts and payment of compensation for victims. Thus, to realize the Integrated Criminal Justice System, law enforcers not only impose prison sanctions and/or fines on perpetrators, but can also impose additional criminal sanctions which can have a direct impact or benefit for victims. And the House of Representatives and the President need to revise the ITE Law, especially by adding additional criminal provisions in the form of confiscation of profits and/or assets obtained or proceeds from criminal acts and payment of compensation. So that this law can really provide better legal protection and can also be felt directly by victims of cybercrime spreading personal data online in Indonesia

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