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All Journal Jurnal Ilmiah Hukum dan Hak Asasi Manusia Kajian Ilmiah Hukum dan Kenegaraan
Idham Idham
Universitas Batam, Batam
Religion Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Analisis Teori Hukum terhadap Penegakan Tindak Pidana Pemalsuan Uang: Analisis Teori Hukum Positif dan Teori Hukum Responsif Panca Gunawan Harefa; Idham Idham; Erniyanti Erniyanti
Jurnal Ilmiah Hukum dan Hak Asasi Manusia Vol. 2 No. 2 (2023): Januari
Publisher : Jurnal Ilmiah Hukum dan Hak Asasi Manusia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/jihham.v2i2.1923

Abstract

Purpose: The purpose of writing this journal is to find out the legal arrangements for the crime of counterfeiting money, and to know the analysis of the implementation of law enforcement against the crime of counterfeiting money. Method: The method used is a normative approach, namely through library research, and an empirical approach, namely through field research by conducting a series of interviews with respondents and informants to obtain field data. Result: The results of the study show that legal arrangements for the crime of counterfeiting money are regulated in the Currency Act and in the Criminal Code which explains that everyone, both individually and as a group, who counterfeits rupiah currency will be punished with imprisonment for a maximum of 10 (ten) years and a maximum fine of Rp. 10,000,000,000.00 (ten billion rupiah). In addition, based on the provisions of Article 244 of the Criminal Code, it is explained that anyone, either individually or as a group, who makes counterfeit money with the intention of circulating it will be subject to imprisonment for a maximum of fifteen years. Analysis of the implementation of law enforcement against the crime of counterfeiting money is still not optimal, especially with regard to the imposition of criminal sanctions which are still very low, so that the crime of counterfeiting currency is considered not a serious crime. This is possible because the proof is relatively easy. There has been a paradigm shift regarding currency, not just a means of payment, but money can be used as a tool for politics, economic colonization and so on.
Analisis Yuridis Proses Penyidikan Tindak Pidana Terorisme menurut Hukum di Indonesia: Analisis Teori Hukum Positif dan Teori Hukum Responsif Raja Zailani; Idham Idham; Erniyanti Erniyanti
Kajian Ilmiah Hukum dan Kenegaraan Vol. 1 No. 2 (2022): Desember
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/kihan.v1i2.1908

Abstract

Purpose: The purpose of writing this journal is to find out the legal arrangements for investigating criminal acts of terrorism according to Indonesian law, and to find out the obstacles and efforts to investigate criminal acts of terrorism according to Indonesian law. Method: The method used is a normative approach, namely through library research, and an empirical approach, namely through field research by conducting a series of interviews with respondents and informants to obtain field data. Result: The results of the study show that the legal arrangements for investigating criminal acts of terrorism according to Indonesian law, namely that criminal acts are strictly and specifically regulated in the Terrorism Law and are also regulated in general by the Criminal Code, however, the investigation process is not specifically regulated in the Terrorist Law. Therefore, the procedural law, starting from the investigation process to the decision of the Court, is still regulated in the Criminal Procedure Code. Obstacles to investigating terrorism crimes according to law in Indonesia are that investigators always have difficulties in finding initial evidence, examining perpetrators who feel they are in the right position, perpetrators are suspected of having psychiatric disorders, low education of perpetrators, and the attitude of perpetrators of criminal acts of terrorism who insist not commit acts of terrorism. Conclusion: The implementation efforts that can be made are that the investigator continues to detain and confiscate evidence, the investigator asks for help from doctors for perpetrators who are mentally ill, the investigator carries out extensive interpretations by expanding the meaning of the words contained in the Terrorism Law against perpetrators with low education.
Analisis Yurudis Proses Penyidikan Tindak Pidana Kekerasan Seksual Menurut Hukum di Indonesia: Analisis Teori Hukum Positif dan Teori Hukum Responsif M. Bakti Saleh Silaban; Idham Idham; Erniyanti Erniyanti
Kajian Ilmiah Hukum dan Kenegaraan Vol. 1 No. 2 (2022): Desember
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/kihan.v1i2.1912

Abstract

Purpose: The purpose of writing this journal is to find out the legal arrangements for investigating sexual violence criminal offenses according to law in Indonesia, and knowing the obstacles and efforts to investigate criminal acts of sexual violence according to law in Indonesia. Method: The method used is a nomative approach through literature study, and an empirical approach, namely through field research by conducting a series of interviews with respondents and informants to obtain field data. Result: The results showed that, the legal regulation of the investigation of sexual violence criminal offenses according to law in Indonesia, namely the criminal acts set firmly and specifically in the Criminal Act of Sexual Violence and also generally regulated by the Criminal Code, but for the investigation process is not specifically regulated in the law -Criminal Acts of Sexual Violence, therefore the law of the event starts from the investigation process to the determination of the court's decision to be regulated in the Criminal Procedure Code. And juridical analysis The process of implementing criminal acts of sexual violence according to law in Indonesia was initially not effective because there was no appropriate legal umbrella and specifically regulating sexual harassment. Conclusion: With a special enlightened regulation of sexual violence, namely Law Number 12 of 2022 concerning Criminal Acts of Sexual Violence, it is expected to protect the victims and become legal umbrellas or legal standing for the police who will handle cases like this, and the perpetrators can given a more deterrent effect so that these cases are reduced even more prevented to occur.
Masyarakat sebagai Garda Terdepan dalam Menghadapi Illegal Fishing: Studi Penelitian di Pulau Rempang Kota Batam Idham Idham; Juhrin Pasaribu; Kaspol Jihad; Ikhlas Muhammad; Al Jatmuazam; Muhammad Haris Fadillah; Khairil Hidayat; Puti Lindung Bulan; Aditya Azhar; Shandy Herizaldi
Kajian Ilmiah Hukum dan Kenegaraan Vol. 2 No. 1 (2023): Juni
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/kihan.v2i1.2360

Abstract

Purpose: The purpose of this study is to determine the level of understanding and awareness of the people of Rempang Island regarding the impact and threat of illegal fishing by foreign fishermen on maritime resources and socio-economic life. Knowing the obstacles and potential faced by the people of Rempang Island plays an active role as the front line in efforts to prevent and eradicate illegal fishing. Methodology: The method used is a nomative approach, namely through literature studies, and an empirical approach, namely through field research, by conducting a series of interviews with respondents and informants to obtain field data. Results: The results showed that the people of Rempang Island had a varied understanding of the threat of illegal fishing by foreign fishermen, where most fishermen who interact directly with this practice understand the negative impact on maritime resources and marine ecosystems. However, there is still a group of people who are not fully aware of the long-term impacts of these activities. Although the people of Rempang Island face significant obstacles, such as a lack of resources, education, and coordination in efforts to prevent and eradicate illegal fishing, they also have great potential because of community cohesiveness, traditional knowledge of waters, and solidarity of local fishermen.
Co-Authors Aditya Azhar Al Jatmuazam Ikhlas Muhammad Juhrin Pasaribu Kaspol Jihad Khairil Hidayat M. Bakti Saleh Silaban Muhammad Haris Fadillah Panca Gunawan Harefa Puti Lindung Bulan Raja Zailani Shandy Herizaldi