Articles
<![CDATA[MAKNA KEPENTINGAN UMUM DIDALAM DEPONERING ]]>
<![CDATA[Windi Jannati M.A.S]]>;
<![CDATA[Frans Simangunsong]]>
<![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 ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.53363/bureau.v2i2.32
<![CDATA[In Law No. 16 of 2004 concerning the Prosecutor's Office, there is a definition or understanding of Deponering namely the public interest, the interest in question is the interest of the state, nation and other community interests as stated in Article 35 (c). This deponering is an implementation of the opportunity principle owned by the prosecutor which has its own purpose, namely adjudicating cases, but the regulations or rules are still unclear, resulting in a blurring of norms because there are no special limits regarding the meaning of the public interest. carried out by the prosecutor and there was a misinterpretation in the determination of deponering. The proposed formulation is as follows 1. What is the meaning of the phrase public interest in deponering based on Article 35 (c) of Law Number 16 of 2004 concerning the Attorney General's Office of the Republic of Indonesia. 2. What are the criteria for public interest as a condition for deponering to realize justice in law enforcement. The research method used is a normative research method using 2 approaches: a statutory approach and a conceptual approach. The results of this study are the meaning of the phrase in question, prioritizing common interests rather than personal interests, and in its application the attorney general must obtain consideration from the state power agency that is related to the problem and the criteria in realizing justice for law enforcement, so in making decisions to using this deponering, the prosecutor must coordinate with the Supreme Court, the constitutional court the DPR, the President]]>
<![CDATA[PERLINDUNGAN HUKUM ATAS KARYAWAN ATAS PEMUTUSAN HUBUNGAN KERJA DI PT. HAIR STAR INDONESIA ]]>
<![CDATA[M. Bagus Istighfariyo]]>;
<![CDATA[Frans Simangunsong]]>
<![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 ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.53363/bureau.v2i2.38
<![CDATA[Termination of employment still become unsolved-well problems in many countries, especially in Indonesia whom the most crowded country in South East Asia. This case seen us how policy or political systems in Indonesia need improve and development in many sectors to provide mutual agreement for company and labour. Through Undang-Undang No.2 Tahun 2004 about Settlement of Industrial Relations Disputes, labour that were fired in PT. Hair Star Indonesia can be protected their rights. Conflict Resolutions through comprehensive methods, are the only answer to solving termination of employment problems in Indonesia]]>
<![CDATA[PERLINDUNGAN HUKUM DALAM KASUS KEKERASAN DAN PERBUDAKAN MANUSIA ]]>
<![CDATA[Dianita Putri Oktavia Damayanti]]>;
<![CDATA[Frans Simangunsong]]>
<![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 ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.53363/bureau.v2i3.53
<![CDATA[Human rights are legal instrument that must be respected, upheld, and protected by the state. Within human rights itself, there are rights to life, the right not to be tortured, and the right not to be enslaved. With the regulation on Human Rights and the Crime of Trafficking in Persons, everyone gets legal protection from acts that degrade human dignity. The consequences of criminal penalties for the perpetrators absolutely must be strictly enforced against those who have injured humanity]]>
<![CDATA[PERTANGGUNG JAWABAN PELAKU BINARY OPTION TERHADAP HUKUM POSITIF DI INDONESIA ]]>
<![CDATA[Ferdiansyah M. A]]>;
<![CDATA[Frans Simangunsong]]>
<![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 ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.53363/bureau.v2i2.93
<![CDATA[Binary Option Trading has become quite a topic of public discussion lately, because there are many influencers and advertisements scattered about the huge profits that can be obtained through Binary Option Trading, so many people are tempted to try to enter it without understanding what and how the Binary Option system is. alone. In addition, the legality of Binary Option Trading in Indonesia is still questionable. Regarding the types of commodities included in the subject of futures contracts, it is regulated in CoFTRA Regulation No. 3 of 2019 concerning Commodities, Binary Options are not included in the subject written in Article 1. This can indirectly mean that Binary Options are illegal. The most recent case is a binary option scheme which is defined as a gambling practice. Gambling activities are prohibited by Article 303 of the Criminal Code (KUHP), Law (UU) Number 7/1974, as well as Government Regulation Number 9/1981, and Law Number 11/2008 (UU ITE). So the question arises, is there an alternative civil law regulation for victims of binary options trading cases? What is the perpetrator's responsibility for binary options under the guise of online investment? In this study, the researcher uses normative legal research, namely research that is useful for finding and answering legal issues, the rule of law, legal principles or legal doctrines encountered from a normative perspective and to find out whether the rule of law is in accordance with legal norms. . This normative law research is used to solve the problem of the legal issues faced by only examining the legal norms. So from research with normative legal methods will produce appropriate prescriptions and should be according to law.]]>
<![CDATA[JUAL BELI SEX TOYS DALAM PRESPEKTIF HUKUM PIDANA DI MEDIA ONLINE ]]>
<![CDATA[Rhafshanjanie Prawira Negara]]>;
<![CDATA[Frans Simangunsong]]>
<![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 ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.53363/bureau.v2i2.99
<![CDATA[Transactions of pornography on the internet have many stages, starting from offers, agreements, delivery of goods, and payments, it makes many laws and regulations that can be applied. This creates legal uncertainty. The formulation of the problem in this research is how is the form of criminal responsibility for the perpetrators of buying and selling sex toys in online media. This research is a normative legal research. To examine the existing legal problems, this research uses a conceptual approach and legislation. The results of this study indicate that the sale and purchase of pornography (sex toys) through online media can be applied to the ITE Law and Pornography. In terms of accountability, it can be determined from the results of evidence in the trial process what form of pornography is]]>
<![CDATA[PROSEDUR PENETAPAN TERSANGKA PASCA DIPERLUASNYA OBJEK PRAPERADILAN: STUDI KASUS PUTUSAN NOMOR 01/PID.PRA/2022/PN. JBG ]]>
<![CDATA[Winny Savitri]]>;
<![CDATA[Frans Simangunsong]]>
<![CDATA[ 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 : <![CDATA[Gapenas Publisher ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.53363/bureau.v3i1.167
<![CDATA[Pretrial agencies aim to monitor the acts of coercive efforts made by investigators or public prosecutors against suspects. Along with the development of the pretrial object in terms of the determination of suspects regulated in the Constitutional Court Decision Number 21/PUU-XII/2014 dated April 28, 2015 which decided the determination of suspects as pretrial objects has created its own legal problems. Especially on the difficulty of distinguishing between proof for pretrial and proof for the subject matter. With the acceptance of the determination of the suspect as a pretrial object, the pretrial judge must test the evidence as a minimum requirement for the determination of the suspect in the pretrial hearing process. The aim of this research is to realize how the procedure for determining suspects after the expansion of pretrial objects. This study applied normative juridical methods based on primary and secondary data through literature studies. This research result is that the procedure for determining suspects must be complemented by an examination of potential suspects with the need for laws and regulations as implementers of the Constitutional Court Decision Number 21 / PUU-XII / 2014 to be used as guidelines by law enforcement officials, namely investigators, both prosecutors and police in determining suspects so that there is no multi-interpretation in phrase 2 (two) evidence and accompanied by examination of potential suspects]]>
<![CDATA[PERTANGGUNG JAWABAN PIDANA TERHADAP PELAKU TINDAK PIDANA PERDAGANGAN ORANG ]]>
<![CDATA[Siti Rochmah]]>;
<![CDATA[Frans Simangunsong]]>
<![CDATA[ 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 : <![CDATA[Gapenas Publisher ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.53363/bureau.v3i1.177
<![CDATA[The act but requesting, accommodating, bringing, transferring, or accepting someone out of fear of violence with the intention of exploiting or encouraging their exploitation is a cybercrime known as the human trafficking. Criminal acts of human trafficking are increasing every year, so that it becomes a serious problem that needs to be handled by Indonesian law enforcement. The goal of this study is to find out the responsibility of individuals who engage in trafficked in humans in violation of the law terms of the Law of the Republic of Indonesia Number 21 of 2007 and to find out how the sentence is imposed on individuals who commit these crimes. human trafficking from the perspective of the Law of the Republic of Indonesia. The research process used to make this journal includes normative juridical research, namely research on secondary literature data or materials that have been collected, described in a narrative style, then examined qualitatively. Criminal responsibility relates the grounds for imposing criminal sanctions to the burden of responsibility imposed on the person who committed the crime. Law Number 21 of 2007 concerning human trafficking regulates criminal sanctions to those who violate acts of human trafficking. The maximum and minimum limits give judges the ability to impose criminal sanctions on those involved in human trafficking. Criminal Law no. 21 of 2007 was the beginning of the criminal mismatch]]>
<![CDATA[PERLINDUNGAN HUKUM KORBAN PENCURIAN DATA PRIBADI (PHISHING CYBERCRIME) DALAM PERSPEKTIF KRIMINOLOGI ]]>
<![CDATA[Akbar Galih Hariyono]]>;
<![CDATA[Frans Simangunsong]]>
<![CDATA[ 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 : <![CDATA[Gapenas Publisher ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.53363/bureau.v3i1.191
<![CDATA[Phishing Cybercrime is a crime of criminal acts committed on internet technology (cyber space), both attacking public facilities and private facilities. crime Phishing cyber is an unlawful act committed using the internet based on the sophistication of computer and telecommunications technology. Activities Phishing cybercrime can be carried out at any location or even between countries. crimes Phishing cybercrimes such as hacking, sharing personal information and counterfeiting credit cards. Actors Phishing themselves are called hackers. Hackers have the knowledge and ability to master and apply programming languages. This ability is obtained hackers in various ways, including by learning from experts or self-taught. In a criminological perspective, phishing cybercrime occur because of 2 (two) important factors, namely Technical Factors and Economic Factors which can cause phishing cybercrime to occur. Legal protection regarding cybercrime phishing has been regulated in the ITE Law and the Personal Data Protection Law. Phishing cybercrime still cannot be completely eliminated. The existence of this law can at least reduce the amount of cybercrime in Indonesia]]>
<![CDATA[PERLINDUNGAN HUKUM KEPADA PEKERJA MIGRAN YANG MENGALAMI KORBAN TINDAK PIDANA PERDAGANGAN ORANG ]]>
<![CDATA[Muhammad Iqbal Firdaus]]>;
<![CDATA[Frans Simangunsong]]>
<![CDATA[ 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 : <![CDATA[Gapenas Publisher ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.53363/bureau.v3i1.194
<![CDATA[Indonesia is the fourth most populous country in the world, where it is possible that there are many people, whose wealth is not strong enough to find their income through work. Indonesia's goal is to expect the government to produce clear jobs and clear wages. Many citizens want and accept foreign workers. At that time, Indonesia was sending workers abroad. However, it saddened the Indonesian people. Many cases are made by organized human trafficking investigators. However, all this does not cover the fact that many people are attracted to human trafficking by paying a lot of money by working abroad or even in the country. These various regulations are considered an attempt at protectionism by the Indonesian government. Human trafficking is a crime defined under the law. Recognizing the crime of human trafficking, law enforcement is weak, there are human traffickers who try to use the victims as illegal workers in the bad conditions of society]]>
<![CDATA[PELAKSANAAN REHABILITASI SEBAGAI UPAYA PERLINDUNGAN HUKUM TERHADAP PENYALAHGUNA NARKOTIKA ]]>
<![CDATA[Nickholas Hartono]]>;
<![CDATA[Frans Simangunsong]]>
<![CDATA[ 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 : <![CDATA[Gapenas Publisher ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.53363/bureau.v3i1.208
<![CDATA[In Indonesia, adolescents of productive age are frequently affected by environmental factors that lead to drug abuse. No. 1 Narcotics Law 35 of 2009 concerning Opiates was passed to diminish the quantity of medication victimizers and sellers in Indonesia. In addition, the Narcotics Law restricts the legal protection afforded to addicts and narcotics abuse victims, particularly in terms of access to social and medical rehabilitation; However, this legal protection has not been used to its full potential, resulting in the imprisonment of numerous drug addicts and abuse victims. Occur. Each opiate victimizer no matter what should gain admittance to clinical and social recovery, as per the conviction that Opiates Victimizers are casualties of the wrongdoings they carry out (Self Exploiting Casualties). The findings of the preceding research and analysis indicate that the Narcotics Law's legal protection has not yet been fully and effectively implemented, and that it does not yet operate in accordance with its directives]]>
