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All Journal Rechtsidee PROSEDING SEMINAR UNSA RATU ADIL RECHTSTAAT Jurnal Hukum Magnum Opus Jurnal Pro Hukum : Jurnal Penelitian Bidang Hukum Universitas Gresik Jurnal Restorative Justice Surakarta Law and Society Journal UNTAG Law Review CERMIN: Jurnal Penelitian Jurnal Sosial Humaniora Sigli Jurnal Inovasi Penelitian LEGAL BRIEF Risalah Hukum International Journal of Educational Research and Social Sciences (IJERSC) Aksiologi : Jurnal Pendidikan dan Ilmu Sosial YURISDIKSI : Jurnal Wacana Hukum dan Sains COURT REVIEW: Jurnal Penelitian Hukum International Journal of Community Service SCHOOLAR: Social and Literature Study in Education Multidiciplinary Output Research for Actual and International Issue (Morfai Journal) IBLAM Law Review Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Al-Khidmah Jurnal Pengabdian Masyarakat Journal Evidence Of Law Jurnal Penyuuhan dan Pemberdayaan Masyarakat (JPPM) SEIKAT: Jurnal Ilmu Sosial, Politik dan Hukum Innovative: Journal Of Social Science Research Socius: Social Sciences Research Journal Jaksa: Jurnal Kajian Ilmu Hukum Dan Politik Causa: Jurnal Hukum dan Kewarganegaraan Politika Progresif : Jurnal Hukum, Politik dan Humaniora Media Hukum Indonesia (MHI) Activa Yuris: Jurnal Hukum SEIKAT: Jurnal Ilmu Sosial, Politik dan Hukum Terang: Jurnal Kajian Ilmu Sosial, Politik dan Hukum J-CEKI
Frans Simangunsong
Fakultas Hukum Universitas 17 Agustus 1945 Surabaya
Religion Agriculture, Biological Sciences & Forestry Arts Humanities Chemical Engineering, Chemistry & Bioengineering Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Energy Engineering Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Public Health Social Sciences Other

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PROSEDUR PENETAPAN TERSANGKA PASCA DIPERLUASNYA OBJEK PRAPERADILAN: STUDI KASUS PUTUSAN NOMOR 01/PID.PRA/2022/PN. JBG Winny Savitri; Frans Simangunsong
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.v3i1.167

Abstract

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
PERTANGGUNG JAWABAN PIDANA TERHADAP PELAKU TINDAK PIDANA PERDAGANGAN ORANG Siti Rochmah; Frans Simangunsong
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.v3i1.177

Abstract

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
PERLINDUNGAN HUKUM KORBAN PENCURIAN DATA PRIBADI (PHISHING CYBERCRIME) DALAM PERSPEKTIF KRIMINOLOGI Akbar Galih Hariyono; Frans Simangunsong
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.v3i1.191

Abstract

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
PERLINDUNGAN HUKUM KEPADA PEKERJA MIGRAN YANG MENGALAMI KORBAN TINDAK PIDANA PERDAGANGAN ORANG Muhammad Iqbal Firdaus; Frans Simangunsong
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.v3i1.194

Abstract

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
PELAKSANAAN REHABILITASI SEBAGAI UPAYA PERLINDUNGAN HUKUM TERHADAP PENYALAHGUNA NARKOTIKA Nickholas Hartono; Frans Simangunsong
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.v3i1.208

Abstract

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
TANGGUNGJAWAB PIDANA PELAKU TINDAK PIDANA PENCURIAN: PUTUSAN PERKARA NOMOR 590/Pid.B/2019/PN Sim R.Rivaldi Aldanta; Frans Simangunsong
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.v3i1.223

Abstract

A perpetrator is one who deliberately performs acts prohibited by the law, and can be performed alone or in groups with a supposed violation of the norm and is expressly referred to as a crime. Especially crimes common to social life are theft, resulting in large Numbers of victims. Stealing is one of the crimes of crime that can harm many because of losing their property or possessions. The responsibility for theft is based on the book of criminal law that the perpetrator must be responsible if the act meets the key elements that can be met according to article 362 of the criminal code and several others will be used asa consideration in using the chapters relating to theft by law enforcement. Interestingly, in the case of the theft, it was very rare for any criminal to have been convicted for his crimes on an estate that could enmeshed the theft by taking measures of plantation goods that were associated with the crime taken in the form of gum ram of a low grade item. But with the object of its object of very small value, the perpetrator can still be convicted. The study employed a normative-normative juridical method of legislation, conceptual, and case studies that doubtless dealt with responsibility to perpetrators of theft crimes. This study shows that law enforcement provides knowledge to all societies that the punishment for criminal crimes of theft still applies to anyone who commits a felony even with stolen goods or objects is of very little value, This can be taught that it still applies to idlers who are accused of theft, such as by legislation - the plantation law against the repurchaser of gum rambody who deliberately takes the plantation that belongs to a Japanese company standing in Indonesia and is therefore breaking the law
PERTANGGUNG JAWABAN PIDANA TERHADAP PENGGUNAN JASA PROSTITUSI PADA MEDIA ONLINE Dika Rahmat Nasution; Frans Simangunsong
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 3 No. 2 (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.v3i2.277

Abstract

Technological developments have brought new changes in people's lives, not only having positive sides but also negative impacts including in the field of decency which has recently been rampant, such as prostitution, which was originally conventional to become online based. These actions can be said to be incompatible with the social values of society. The Indonesian government is not firm in prohibiting the practice of prostitution or in terms of criminal liability against users of prostitution services, this can be seen from the absence of regulations that can ensnare prostitution service users. The purpose of this study is to determine the regulation of criminal liability for prostitution service users in positive law. and efforts to criminalize prostitution service users in positive law in Indonesia. This research uses a descriptive normative juridical method. The result of the research is that the absence of criminal liability arrangements for prostitution service users makes these acts more prevalent. For that we need an effort to criminalize prostitution service users in positive law so that acts that are not in accordance with the values of the community can be processed legally
Corporate Responsibility Due to Nickel Mine Exploitation Activities Nur Bintang Alfina Laila; Frans Simangunsong
SCHOOLAR: Social and Literature Study in Education Vol. 2 No. 4 (2023): March
Publisher : LPPM Universitas KH. A. Wahab Hasbullah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32764/schoolar.v2i4.3647

Abstract

This study aims to determine corporate responsibility for the impact of environmental pollution due to nickel mining activities. The research method used is the normative juridical method by collecting data sourced from literature studies, namely through a legal approach. In nickel mining exploitation activities it is known that it can cause environmental pollution, namely river, air, soil erosion, sedimentation of excavated remains. mining, decreased agricultural productivity around the mining areas, damage to flora and fauna, no health empowerment, no improvement in health infrastructure and changes in community behavior/norms around of the community around the mining areas. In addition, legal protection for the community must be enforced so that the rights of the community are not violated due to the exploitation of nickel mining that violates the provisions.
PERANAN OTOPSI FORENSIK DALAM MENGUNGKAP TINDAK PIDANA PEMBUNUHAN OLEH KEPOLISIAN REPUBLIK INDONESIA Sofiah Ely; Frans Simangunsong
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 3 No. 2 (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.v3i2.262

Abstract

A major part of the difficulty in locating or identifying murderers at crime scenes is the inability to identify victims with uncertain probabilities or long-term harm. If the time of the crime is cut or mutilated the body is too far away and the evidence is insufficient because the crime scene witness does not dare to be safe because it results. Autopsy It also helps in the judicial process to prove the crime of murder and to prove the crime of murder. This study uses a pharmacodynamic approach. These findings suggest that the presence of age bias when police report a homicide the certainty of death and the identity of the suspect at autopsy play a role. To determine the victim’s identity
Legal Analysis and Health Insurance System in Indonesia Frans Simangunsong; Budiarsih Budiarsih
LEGAL BRIEF Vol. 12 No. 3 (2023): August: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v12i3.838

Abstract

This research was conducted to find out how the legal urgency analysis and health financing system in Indonesia are. What are the procedures and challenges of the health financing system through BPJS in Indonesia? The method used in this study is normative research, namely studying various legal regulations or laws that are appropriate, while analysis is carried out through literature reviews of various relevant journals to find new hypotheses and new recommendations. The results of this study found that the urgency of legal regulation and the financing system and health insurance is a basic right as the human rights concept ratified by Indonesia as a form of welfare state. That fulfillment of the right to health through the SJSN system and choosing BPJS as the managing institution. BPJS mechanisms already exist but there are still deficiencies in practice. The National Health Insurance implements a tiered health service system, consisting of First Level Health Facilities and Advanced Referral Level Health Facilities.
Co-Authors Abdul Aziz Adhitya Wijayanto Agung Fakhruzy Agung Risky Saputra Marpaung Ahmad Sholikhin Akbar Galih Hariyono Alan Rizki Dui Reandi Amelia, Mays Andhijaya, Moch Ramadhan Dewa Anwar, Cecareno Gilbrani Arie Mangesti, Yovita Arief Syahroni, Muh. Arrofi, Rendi Aryasepta Syaelendra Ashinta Sekar Bidari, SH, MH., Ashinta Sekar Azizah Nurina Putri Azizah, Aprilia Dela Nurul Berlian Sesaria Bidari, Ashinta Sekar Bintoro, Arifah Moerfitria Budiarsih Budiarsih Chairul Farid, Achmad Dahlan, Rudiyanto Deawit Sutriadi Dendy Valerian Wibowo Dianita Putri Oktavia Damayanti Dika Rahmat Nasution Donu Bani, Ferdinand Erny Herlin Setyorini, Erny Herlin Fardayana, M. Taj Bahy Farisi, Salman Ferdiansyah M. A Geuvarra, Arsyah Guntur, Sundaru Harap, Arsangela Putri Hendarto, Vanya Agatha Hervina Puspitosari Ilahi, Mubarooq Ilmi, Iqbal Miftahul Imron, Muhamad Karmina Siska Krisnadi Nasution Lovitya Trisnanti, Ines M. Bagus Istighfariyo Mangesti, Yovita Arie Maria Novita Apriyani Marsella, Dian Dwi Mohammad Mohammad Muhammad Firmansyah, Muhammad Muhammad Iqbal Firdaus Murtadlo, Aly Nickholas Hartono Nugraha, Narendra Putra Nur Bintang Alfina Laila Pamungkas, Yudha Andra Pramesti, Yohana Putri Prasetya, Arya Prasetyo, Teguh Pratama Widiarsa, Anang Puji Utomo, Sutrisno Putra Samudra, Kaharudin Putri, Serliana Novita Rossalia Ardiana R.Rivaldi Aldanta RACHMAN HAKIM, ARIEF Rachmatullah, Gaung Agung Raj Ravicky Fardenias Rhafshanjanie Prawira Negara Rimbawani Sushanty, Vera Ronny Ronny Saputra Marpaung, Agung Risky Satria, I Gde Sandy Serliana Novita Rossalia Ardiana Putri Sibarani, Tagor Siska, Karmina Siti Badriyah Siti Badriyah Siti Rochmah Slamet Suhartono Sofiah Ely Sri Endah Wahyuningsih Syofyan Hadi Tri Budiman, Nanang Tri Oktaviani, Indah Walujo Tjahjono, Agus Wardana, Andi Kusuma Widayata, Andhika Tedja Windi Jannati M.A.S Winny Savitri WIWIN YULIANINGSIH Wiwin Yulianingsih Yahya, Faris Helmi