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All Journal Jurnal Penelitian Hukum Legalitas JURNAL ILMIAH GLOBAL EDUCATION Dikmas: Jurnal Pendidikan Masyarakat dan Pengabdian
Basuki Basuki
Universitas Jayabaya
Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Other

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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

Abstract

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

Abstract

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

Abstract

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

Abstract

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.
Co-Authors Amirsyah Amirsyah Felicitas Sri Marniati Joko Sriwidodo Muhammad Mustofa Ramlani Lina Sinaulan Sri Mulyani Yuhelson Yuhelson