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Journal : Journal of Social Research

Death Penalty for Criminal Actions in Indonesia in a Legal Perspective and Human Rights Suyatno Suyatno; Hudi Yusuf
Journal of Social Research Vol. 2 No. 9 (2023): Journal of Social Research
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v2i9.1338

Abstract

Death penalty for perpetrators of narcotics crimes is one of the punishments that is debated in various international countries, especially in Indonesia, a very big reaction from the community and even international countries in responding and intervening in the imposition of capital punishment with various fundamental reasons that death penalty is one of the crimes. the most cruel, sadistic, and undignified. This study aims to analyze capital punishment for crimes in Indonesia from a legal and human rights perspective. The method applied in this study uses normative legal research, which is a way of writing based on an analysis of several legal principles and legal theories as well as laws and regulations that are appropriate and related to problems in legal research writing. Death penalty for perpetrators of narcotics crimes in a country based on Pancasila as the basis of the philosophy of the Indonesian state and the 1945 Constitution of the Republic of Indonesia as the Great State Norms or Basic Norms of the Unitary State of the Republic of Indonesia and certain statutory regulations that regulate them in law something positive that is upheld is not said to violate the provisions on human rights violations, especially the basic right to life which is continuously debated in various international conventions, this must continue to be implemented.
Domestic Violence Based on Law No. 23 of 2004 Concerning the Elimination of Domestic Violence Chrisbiantoro Chrisbiantoro; Hudi Yusuf
Journal of Social Research Vol. 2 No. 9 (2023): Journal of Social Research
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v2i9.1343

Abstract

Domestic Violence is a classic problem in the world of law and gender. Even though the legal umbrella to protect victims from domestic violence already exists, namely Law Number 23 of 2004 concerning the Elimination of Domestic Violence, this has not been enough to anticipate this violence, in this case, the need for legal attention and protection from both the government, law enforcement officials, as well as from the community so that it is hoped that everyone who hears, sees, or knows about the occurrence of domestic violence is obliged to take preventive measures and provide assistance. Actually, what are the causes and what kind of protection is there for women victims of crimes of domestic violence regulated in Indonesian positive law? From this background, several problems can be raised, namely: against women victims of domestic violence and efforts to overcome them. Discussion of these issues requires research methods, while the research methods used include: approach methods, research specifications, types and sources of data, data collection methods, and data analysis methods. Based on the research above, the following results and conclusions can be obtained: legal protection for women victims of criminal acts of domestic violence has been regulated in Law No. 23 of 2004 concerning the Elimination of Domestic Violence
Juridical Analysis of The Spread of Hate Speech Conducted by Responsible Parties Through Social Media Nova Konny Umboh; Hudi Yusuf
Journal of Social Research Vol. 2 No. 9 (2023): Journal of Social Research
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v2i9.1351

Abstract

Convenience freedom argues with dependence on technology brings the development of new types of crime that as appearance speech hatred or hate speech that is done on social media either from typing as well as videos. such things, if not arranged more continue so, would be very worrying, society will not be off bounds and will raise inconvenience or feeling offended at someone or a group certain. The article will discuss How law criminals looked at criminal speech hatred or this hate speech and will also discuss what is the proof system in following criminal speech hatred. The method used to study which normative law is enforced with the method of researching material libraries and approaches used is approach related legislation with follow criminal speech hate. Results and discussion obtained If We see in the Criminal Code and regulations other legislation already explained several articles that can be imposed on someone who does speech hatred or hate speech. Articles that regulate action about Speech Hatred to a person, a group, or institution based on a Circular Letter National Police Chief No: SE/06/X/2015 contained inside Article 156, Article 157, Article 310, Article 311, then Article 28jis. Article 45 paragraph (2) of Law Number 19 of 2016 concerning information and transactions electronics and Article 16 of Law No. 40 of 2016 concerning deletion of Racial and Ethnic Discrimination. and proof that was made For inspect follow criminal speech hatred This is still based on with tools arranged evidence in the Criminal Code.
Understanding Death Punishment: Historical Perspective, Justification, and Critical Analysis Utami Yustihasana Untoro; Chrisbiantoro Chrisbiantoro; Hudi Yusuf
Journal of Social Research Vol. 2 No. 11 (2023): Journal of Social Research
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v2i11.1533

Abstract

Debatable of the death penalty based on the issues of justice, humanity, and the prevention of the possibility of crime. The reasons for the rejection of the death penalty are not justified in the view of life as well as humanitarian factors and the imposition of capital punishment will not be capable of preventing crime and reducing crime rates. But for those who agree with the imposition of capital punishment because of the sense of justice and peace that is in the community. The portrait is just a glance at the issues that colored the discourse on the pros and cons of the existence of capital punishment. The retentionist and the abolitionist against the death penalty have an argument based on his theoretical framework and norms. Indonesia as one of the countries with the European Continental legal system still applies the death penalty in the punishment system besides Saudi Arabia with qhisash which is applied in the Islamic Law system. Both countries have a legal standing built on the meta norms, their theories, and philosophies each, of course, has its urgency to be discussed in the middle of countries that condemn the existence of capital punishment. Here's an article that analyzes comparative relations to the applications of the death penalty in both countries that embrace different legal systems, this comparative study will contribute thoughts on the reforms of criminal law in Indonesia.