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Journal : LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan

PERTANGGUNGJAWABAN PIDANA BAGI PELAKU TINDAK PIDANA PENCURIAN DALAM KEADAAN MEMBERATKAN (ANALISIS PUTUSAN PENGADILAN NEGERI SUKADANA NOMOR: 36/Pid.B/2024/PN Sdn.) Arya Dwi Bangga, Cendys; Anita Sinaga, Niru
LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan Vol. 3 No. 1 (2025): LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan (Februari)
Publisher : YAYASAN PENDIDIKAN DAN PELAYANAN KESEHATAN RAHMAT HUSADA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.08221/lexlaguens.v3i1.93

Abstract

Crime is a deviant act, which has a reprehensible nature, so that this act often causes social reactions in society, while human efforts to completely eradicate this crime are often carried out, but the results are more likely to fail, so other efforts that can be made are by means of suppress or reduce the rate of crime. Several acts or acts that violate the law and disturb the peace and harmony of living together, one of which is the crime of theft accompanied by violence, which we can see almost every day in electronic media and in the mass media. As happened in the city of Lampung, which is still within the territory of the Sukadana District Court, which has the authority to examine and adjudicate, someone has taken something, which wholly or partly belongs to another person, with the intention of possessing it unlawfully, which was done by two or more people in partnership., which to enter the place of committing a crime, or to get to the goods taken, is done by breaking, cutting, or climbing, or by using a fake key, a fake order, or fake official clothes. The formulation of the research problem is how is the crime of theft regulated in aggravating circumstances based on Indonesian criminal law? And what is the criminal responsibility for perpetrators of criminal acts of theft in aggravating circumstances in the Sukadana District Court decision number: 36/pid.b/2024/PN.Sdn.? The research method used in this research is normative juridical legal research. The approach method used in this research is the statutory approach. Apart from that, the author also uses the conceptual approach method and the case approach method. The research results show that the regulation of criminal acts of theft in aggravating circumstances according to criminal law in Indonesia has been regulated and the decision of the Panel of Judges at the Sukadana District Court Number 36/Pid.B/2024/PN Sdn is in accordance and does not conflict with applicable regulations.
PERTANGGUNGJAWABAN PIDANA TERHADAP PELAKU PENYALAHGUNAAN NARKOTIKA (STUDI KASUS PUTUSAN NO 1793/PID.SUS/2020/PN.MKS) Pramono Aji, Danang; Anita Sinaga, Niru
LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan Vol. 3 No. 1 (2025): LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan (Februari)
Publisher : YAYASAN PENDIDIKAN DAN PELAYANAN KESEHATAN RAHMAT HUSADA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.08221/lexlaguens.v3i1.95

Abstract

Drug abuse in Indonesia is very complex. The author distinguishes between abuse and distribution of narcotics as stated in Decision No. 1793/Pid.Sus/2020/PN.Mks. The formulation of the problem in this study is 1) how is the regulation of drug abuse in Indonesia and 2) how is the application of criminal law based on Decision No. 1793/Pid.Sus/2020/PN.Mks? The aim is to find out the regulation of drug abuse in Indonesia and the application of criminal law based on Decision No. 1793/Pid.Sus/2020/PN.Mks. Using a normative legal research method, this study analyzes written laws from library materials or secondary data. The results of the study show that the regulation of drug abuse in Indonesia includes various laws and regulations, namely Article 111 paragraph (1) in conjunction with Article 132 paragraph (1) of Law Number 35 of 2009 concerning Narcotics and Article 127 paragraph (1) letter a of Law Number 35 of 2009 concerning Narcotics. In addition, the 2023 Criminal Code, Article 622 paragraph (15) also explicitly regulates criminal liability for perpetrators of drug abuse. Therefore, the Article in Law Number 35 of 2009 concerning Narcotics is declared invalid. In Decision No. 1793/Pid.Sus/2020/PN.Mks with the defendant Cakra Wira Darma alias Cakra bin Sudirman sentenced by the judge to 11 (Eleven) Months in prison, and the defendant underwent treatment and/or care through medical rehabilitation for 4 (Four) Months at the BNN Baddoka Rehabilitation Center, Makassar City. The Panel of Judges also determined that the length of time the defendant underwent treatment and/or care through medical rehabilitation was calculated as the period of serving the sentence.
MEKANISME UPAYA HUKUM VERZET TERHADAP PUTUSAN VERSTEK DALAM HUKUM ACARA PERDATA Nugroho, Ferdiansyah; Anita Sinaga, Niru
LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan Vol. 3 No. 1 (2025): LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan (Februari)
Publisher : YAYASAN PENDIDIKAN DAN PELAYANAN KESEHATAN RAHMAT HUSADA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.08221/lexlaguens.v3i1.103

Abstract

This research discusses the mechanism of verzet legal action against verstek decisions in civil procedural law in Indonesia. Indonesia as a country of law ensures that every judicial decision provides justice and truth, and protects individual rights through the applicable legal system. One important aspect of civil procedural law is the existence of legal efforts that can be taken to correct decisions that are considered unfair. A verstek decision is a decision handed down without the defendant being present at the trial, even though he has been properly summoned. The defendant's absence without a valid reason provides a basis for the judge to hand down a verstek decision. However, for the sake of the principles of justice and a thorough examination of all parties, civil procedural law gives the defendant the right to file a verzet or opposition to the decision. This research aims to determine the purpose of implementing verzet legal remedies against verstek decisions in civil procedural law and to find out and analyze the mechanism for implementing verzet legal remedies against verstek decisions in civil procedural law. The research method used is normative juridical research with a statutory approach and case studies. This research analyzes the applicable legal provisions and related cases that have occurred in court. The research results show that verzet legal remedies are an important mechanism to ensure that each litigant gets a fair opportunity to defend themselves and present their arguments in court.
PERLINDUNGAN HUKUM PENCIPTA LAGU BERDASARKAN SISTEM PEMBAYARAN FLAT PAY DAN ROYALTI TERHADAP KARYA MUSIK DAN/ATAU LAGU DI PLATFORM STREAMING MUSIK Levyno Rahardja, Matthew; Anita Sinaga, Niru
LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan Vol. 2 No. 1 (2024): LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan (Februari)
Publisher : YAYASAN PENDIDIKAN DAN PELAYANAN KESEHATAN RAHMAT HUSADA

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The existence and payment system of royalties does not always benefit the songwriter, often the songwriter is disadvantaged by not getting royalties but his work is used and listened to either for commercial or entertainment. The flat pay payment system can interfere with the songwriter's copyright because the songwriter will not receive royalties for the use of the song's musical work on the music streaming platform. then there are several problems that raise questions, namely how the payment mechanism of the flat pay system and royalties for songwriters against musical works and / or songs on the music streaming platform and how the legal protection of songwriters against the flat pay payment system and royalties on the music streaming platform. Objectively, it aims to find out the payment mechanism and protection of songwriters against flat pay and royalty systems and subjectively add in-depth knowledge in intellectual property law. This research was conducted using the normative juridical method with primary and secondary legal sources from the literature. The flat pay system can be interpreted as a royalty payment as a whole or in full for the copyrighted work of the song while royalties are a form of compensation given to the copyright owner of the producer who promotes the copyrighted work of the creator. Legal protection of streaming music can be interpreted as an act to protect the rights of creators to work on songs contained in digital music services. It can be concluded that the payment mechanism for songwriters on the music streaming platform can be a flat pay and royalty payment system. The legal protection of songwriters in Indonesia is regulated in the Law of the Republic of Indonesia Number 28 of 2024 concerning Copyright.
PELAKSANAAN PEMBINAAN KEMANDIRIAN BAGI NARAPIDANA DI LAPAS PEREMPUAN KELAS IIA JAKARTA (PERIODE 1 MEI SAMPAI 31 JULI 2024) Amaliah, Fitri; Anita Sinaga, Niru
LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan Vol. 2 No. 1 (2024): LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan (Februari)
Publisher : YAYASAN PENDIDIKAN DAN PELAYANAN KESEHATAN RAHMAT HUSADA

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Abstract

The correctional system is organized for the purpose of improving the quality of personality and independence of inmates. One of the correctional systems is personality development carried out at the Class IIA Jakarta Women's Prison. The problem regarding personality development is an inhibiting factor in the implementation of independence development for inmates at the Class IIA Jakarta Women's Prison. What is the solution to the implementation of independence development for inmates at the Class IIA Jakarta Women's Prison? The purpose of this study was to determine the solution to the implementation of independence development for inmates at the Class IIA Jakarta Women's Prison. This research method uses normative research, namely research conducted by analyzing written laws from library materials or secondary data. The implementation of independence development for inmates at the Class IIA Jakarta Women's Prison (Period 1 May to 31 July 2024) is to organize a socialization campaign to educate the public about the importance of rehabilitation and reintegration of inmates. Finally, by streamlining administrative procedures by eliminating unnecessary steps and accelerating the licensing and approval process and implementing a digital administration system to reduce overlapping work and accelerate data and document processing. Inhibiting factors in the implementation of independence coaching for inmates at Class IIA Jakarta Women's Prison are from officers and experts in the prison. Then there are factors from inmates, community factors, facilities and infrastructure factors and administrative factors. To overcome these obstacles, it is done by sending officers to attend technical correctional and administrative training, and holding motivational programs, such as seminars, workshops, and counseling sessions aimed at increasing the spirit and motivation of inmates.