Mahzaniar
Universitas Muslim Nusantara Al-Washliyah Medan

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Tinjauan Yuridis Dalam Upaya Menanggulangi Tindak Pidana Asusila Yang Dilakukan Anak Dibawah Umur Anisa Fitri; Mahzaniar
Jurnal Smart Hukum (JSH) Vol. 1 No. 1 (2022): September (First Release)
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (158.084 KB) | DOI: 10.55299/jsh.v1i1.150

Abstract

In writing this thesis the author discusses the juridical review in an effort to overcome immoral crimes committed by minors. This is motivated because the author feels the importance of protecting children in legal matters. On the basis of looking at the condition of the surrounding environment and the circumstances in which the violation of this law is increasingly rampant. This study aims to find out about how the process of tackling immoral crimes against children as the next generation. This research was conducted in Deli Serdang Regency by choosing an agency that has a connection with this problem having its address at the Lubuk Pakam District Court Class I-A Jl. General Sudirman No. 58 Lubuk Pakam, Postal Code: 20512, North Sumatra. The type of research used is juridical research, namely legal research conducted based on norms and rules and legislation, especially those relating to the implementation of Law no. 35 of 2014 concerning Child Protection. The results of the study discuss the factors that cause immoral crimes in children, namely family factors, environmental factors, educational factors and social media technology development factors. Completion of cases of judges' decisions on perpetrators of immoral criminal cases. Efforts made in tackling immoral crimes against children, namely legal counseling are very important, given that in general criminals are criminals. In particular, immoral crimes against children are the level of legal awareness is still relatively low, so that with this outreach activity, it is hoped that they can understand and realize that immoral crimes against children are unlawful acts and harm the community, which are threatened by law. Then repressive efforts in tackling immoral crimes against children. The repressive action is carried out by arresting and legally processing the perpetrators of immoral crimes against children in accordance with applicable legal regulations.
Tinjauan Surat Edaran Satgas Covid-19 Nomor 20 Tahun 2021 Atas Kebijakan Wajib Karantina Setelah Melakukan Perjalanan Internasional Pada Masa Pandemi Covid-19 Dalam Perspektif Hak Asasi Manusia Budi Harto; Mahzaniar
Jurnal Smart Hukum (JSH) Vol. 1 No. 1 (2022): September (First Release)
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (140.286 KB) | DOI: 10.55299/jsh.v1i1.151

Abstract

The phenomenon of the spread of the corona virus (Covid-19) which is very fast and uncontrolled has made the World Health Organization (WHO) stipulate that Covid-19 as a pandemic on March 12, 2020. In Indonesia, as one of the countries affected by Covid-19, has tried to make several policies in order to suppress the spread and limit the space for the transmission of Covid-19. One of these policies is the regulation of mandatory quarantine for Indonesian Citizens (WNI) and Foreign Citizens (WNA) who have traveled internationally as stated in the Covid-19 Task Force Circular No. 20 of 2021 concerning International Travel Health Protocols During the Covid-19 Pandemic. -19. The policy regarding the obligation to undergo quarantine during the pandemic has the potential for violations in terms of fulfilling human rights. This study examines more specifically the self-quarantine regulations that are placed in hotels with the components of all costs incurred not being borne by the government but by themselves. This type of research uses a normative juridical method with an approach to legislation and concepts related to self-quarantine. This study summarizes that the state policy regarding mandatory quarantine in an emergency situation such as the Covid-19 pandemic is something that is legally allowed, as long as the limitation of human rights is still in the derogable right group (which can be limited in its fulfillment). However, taking such action must be done carefully, and full of wisdom. There are sanctions for violations (such as the case of decision Number 21/Pid.S/2021/PN Tng) regarding escaping from the quarantine center, even though the trial process and case title are brief criminal proceedings, hoping that it will not only cause a deterrent effect on the community , but as an effort to make the public aware of the law and efforts to prevent similar cases from happening and reoccurring.
Tinjauan Yuridis Terhadap Pelaku Tindak Pidana Perdagangan Manusia (Human Trafickking) Cindy Regita Pratiwi; Mahzaniar
Jurnal Smart Hukum (JSH) Vol. 1 No. 1 (2022): September (First Release)
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (247.418 KB) | DOI: 10.55299/jsh.v1i1.152

Abstract

Trafficking in persons is a symbol/social status where people who have high social status (economic and political power) are ensured to have slaves. Everyone who has slaves will be considered to have a high social status, so it has become a common thing for people who have a high social status. In this problem, the researcher asserts that the legal questions and objectives for human trafficking are as follows: 1. How is the application of the legal system governing the occurrence of the crime of human trafficking (human trafficking) 2. How is the analysis of judge decisions in trafficking decisions Human Trafficking at Number.801/Pid.Sus/2020/PN Lbp. 3. What are the obstacles faced by law enforcement officers in tackling the crime of trafficking in persons (human trafficking). Research is the most important part of the whole series of activities for writing a scientific paper, because to answer the main research problems, the object of the problem described in the formulation of the problem will be answered. The research location is a place or area where the research will be carried out. The location of this research is located at the Lubuk Pakam State Court Class I-A Jl. General Sudirman No. 58 Lubuk Pakam, Postal Code: 20512, Tel/Fax: (061) 7955861, North Sumatra. In the application of the legal system that regulates the occurrence of the criminal act of trafficking in persons, it has been very widespread which has been organized both on a national and international scale. So that makes the government feel difficult in tackling the crime of trafficking in persons.
Implementasi Undang-Undang Transaksi Elektronik (UU ITE) Ditinjau Berdasarkan Kitab Undang-Undang Hukum Pidana (KUHP) Terhadap Kebebasan Berekspresi Masyarakat Di Media Sosial Zariah Nur; Mahzaniar
Jurnal Smart Hukum (JSH) Vol. 1 No. 1 (2022): September (First Release)
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (176.525 KB) | DOI: 10.55299/jsh.v1i1.153

Abstract

This study aims to determine the implementation of the Electronic Transactions Act (Uu Ite) in terms of the Criminal Code (KUHP) on the Freedom of Expression of the People on Social Media. Social media is an online medium, with its users being able to easily participate, share, and create content including blogs, social networks, wikis, forums and virtual worlds. Blogs, social networks and wikis are the most common forms of social media used by people around the world. Deliberately and without rights distributing and/or transmitting and/or making accessible Electronic Information and/or Electronic Documents containing insults and/or defamation with decision number 61/Pid.B/2020/PN Mdn. The government has played a role in law enforcement in the field of Information and Electronic Transactions (ITE) with the enactment of Law No. 11 of 2008 concerning ITE. The Government of the Republic of Indonesia through law enforcement officials, especially the National Police, has been actively engaged to act as justice enforcers in criminal offenses in the field of Information and Electronic Transactions, although not yet optimal.