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All Journal Ta'zir: Jurnal Hukum Pidana
antoni antoni
fakultas syariah dan hukum
Religion Humanities Law, Crime, Criminology & Criminal Justice

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PRAKTEK PENEGAKAN HUKUM OLEH POLDA SUMSEL DALAM MENANGANI KASUS PENCURIAN DENGAN KEKERASAAN antoni antoni; anjeli anjeli
Tazir Vol 7 No 1 (2023): Ta'zir: Jurnal Hukum Pidana
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/tazir.v7i1.17744

Abstract

"Law Enforcement Practices by the South Sumatra Regional Police in handling cases of theft with violence". Theft with violence is a crime that is prohibited in Indonesian law as well as in Islamic law. The formulation of the problem raised in this study is how law enforcement is carried out by the South Sumatra Regional Police against perpetrators of criminal acts of theft with violence, and how is the review of Islamic Criminal Law on law enforcement carried out by the Regional Police of South Sumatra against perpetrators of criminal acts of theft with violence . he purpose of this study is to determine law enforcement carried out by the South Sumatra Regional Police against perpetrators of criminal acts of theft with violence, as well as to find out the review of Islamic Criminal Law on law enforcement carried out by the Regional Police of South Sumatra against perpetrators of criminal acts of theft with violence. The method used in this research is empirical juridical research method, empirical juridical research is field research by observing what happens in the field. As for the results of this study, it can be seen that law enforcement is carried out by the Regional Police of South Sumatra against criminal acts of theft with violence, namely in 2 ways, namely preventive efforts with the aim of preventing the occurrence of a crime and repressive efforts, namely a form of action or disclosure of cases against the perpetrators. criminal acts related to theft with violence. As for the review of Islamic Criminal Law on law enforcement carried out by the Regional Police South Sumatra, namely by being subject to sanctions in the form of cutting off hands, being killed or crucified or exiled from their place of residence, according to their actions. Keywords: Law Enforcement, Theft with Violence, South Sumatra Regional Police.
PENERAPAN HUKUM PIDANA TERHADAP TINDAK PIDANA DI BIDANG PERBANKAN antoni antoni
Tazir Vol 6 No 1 (2022): Ta'zir: Jurnal Hukum Pidana
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (438.792 KB) | DOI: 10.19109/tazir.v6i1.13048

Abstract

Abstrak Penelitian ini membicarakan penerapan hukum pidana terhadap tindak pidana di bidang perbankan, sebagaimana diketahui bahwa kegiatan perbankan di Indonesia tidak hanya dilakukan oleh lembaga keuangan yang berbentuk bank, juga dilakukan oleh Lembaga Keuangan Bukan Bank (LKBB). Seiring kemajuan informasi dan teknologi maka membuat kegiatan perbankan menjadi semakin memiliki resiko yang tinggi, karena lebih mudah untuk di rentas oleh pihak-pihak yang tidak bertanggung jawab. Oleh sebab itulah dalam rangka untuk mengantisipasi terjadinya hal-hal yang tidak di inginkan dalam kegiatan perbankan tersebut, maka pemerintah selaku pemangku kebijakan telah mengeluarkan berbagai macam peraturan perundang-undangan lengkap dengan sanksi pidananya. Adapun permasalah yang diangkat dalam penelitian ini adaalah bekerjanya hukum pidana dalam memberantas kejahatan khususnya di bidang perbankan memiliki berbagai keterbatasan. Oleh sebab itu metode yang dipergunakan dalam penelitian ini mempergunakan yuridis normatif dengan mengkaji bahan-bahan kepustakaan atau library reseach. Dari hasil penelitian diperoleh bahwa bekerjanya hukum pidana dalam mengatasi tindak pidana ditengah-tengah masyarakat khususnya di bidang perbankan memiliki berbagai macam keterbatasan, oleh sebab itu agar penerapan hukum pidana dapat maksimal haruslah meminimalisir factor-faktor penghambatnya serta dipadukan dengan upaya non-penal. Kata Kunci: Penerapan Hukum Pidana Perbankan Abstract This study discusses the application of criminal law to criminal acts in banking, as it is known that banking activities in Indonesia are not only carried out by financial institutions in the form of banks, they are also carried out by Non-Bank Financial Institutions (LKBB). As information and technology advances, banking activities become increasingly high risk, because they are easier to hire by irresponsible parties. Therefore, in order to anticipate the occurrence of undesirable things in banking activities, the government as the policy maker has issued various laws and regulations complete with criminal sanctions. The problem raised in this study is that the operation of criminal law in crime prevention, especially in the banking sector, has various limitations. Therefore, the method used in this study failed normative juridical by reviewing library materials or library research. From the results of the study, it was found that the work of criminal law in overcoming criminal acts in the community, especially in the banking sector, has various limitations, therefore in order to maximize the application of criminal law, it must minimize the inhibiting factors and be combined with non-penal efforts. Keywords: Application of Banking Criminal Law
PERTANGGUNG JAWABAN PIDANA KOORPORASI YANG MEMPRODUKSI KOSMETIK PALSU MEMBAHAYAKAN KESEHATAN KONSUMEN antoni antoni
Tazir Vol 6 No 2 (2022): Ta’zir: Jurnal Hukum Pidana
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (361.16 KB) | DOI: 10.19109/tazir.v6i2.14871

Abstract

Abstract This research discusses the development of the cosmetic industry which is so rapid that it is able to produce in very large quantities and is supported by advances in science and technology, as well as transportation equipment and marketing systems with digital platforms, which are considered the most strategic during the Covid-19 period. Cosmetics are a daily necessity that is needed by society, especially young women who want to look attractive and beautiful. Even though there have been various provisions governing consumer protection, especially Law Number 8 of 1999 concerning Consumer Protection, fraudulent actors still produce dangerous fake/illegal cosmetics. So the problem raised in this study is how the criminal responsibility of corporations that produce counterfeit cosmetics endangers the health of consumers. Therefore the method used in this study uses normative juridical by studying library materials or library research. From the results of the study it was found that corporations can also be held criminally responsible if they commit a crime. This is due to a paradigm shift in criminal law that corporations are also subjects of criminal law in addition to the existence of natural law subjects, namely, individuals (naturalijk person). So the rejection of corporate punishment based on the university delinquere non potest doctrine has undergone a change by accepting the concept of a functional actor. Keywords: Corporate Criminal Liability, Counterfeit Cosmetics
PENERAPAN ASAS DIVERSI DALAM SISTEM PERADILAN PIDANA ANAK TERHADAP ANAK-ANAK YANG MELAKUKAN TINDAK PIDANA PENCURIAN antoni antoni
Tazir Vol 7 No 2 (2023): Ta'zir: Jurnal Hukum Pidana
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/tazir.v7i2.20082

Abstract

ABSTRACT Handling children in conflict with the law is often equated with handling criminal acts committed by adults in general. In order to tackle juvenile delinquency (delinquency), legally in Indonesia it has been regulated in various kinds of laws and regulations. One of them is Law Number 3 of 1997 concerning the Juvenile Justice System, the presence of this law is considered to be more likely to use formal jurisprudence by emphasizing retributive punishment. The paradigm of arrest, detention and imprisonment of children has the potential to limit freedom and deprive children of their independence. However, over time criminal cases committed by children in conflict with the law can be resolved using a new mechanism, namely the Diversion system adopted from The Beijing Rules which uses a restorative justice approach. So in this article the author will examine further how to apply the concept of diversion in the juvenile criminal justice system in Indonesia, especially in dealing with the crime of theft where the perpetrators are children. This type of research is of a normative juridical nature to examine laws and regulations in the Juvenile Criminal Justice System, especially the application of the principle of diversion. The type of data used is qualitative data and the data sources used are secondary data using an approach to legal material sources, namely: primary, secondary and tertiary. The results of the research concluded that the application of the diversion principle in the juvenile criminal justice system, especially the resolution of criminal acts of theft committed by children, is carried out with an agreement between the parties involved and expressed in the form of a decision. Prior to this determination, diversion had first been attempted. With this diversion, efforts are made for mediation that will lead to a peace (accord) or settlement between the perpetrator and the victim in accordance with the losses incurred, this is considering that the future of the child is prioritized as the next generation and considering that psychologically children are still not worthy of dealing with the law. Keywords: Diversion, Juvenile Criminal Justice System, Theft.
Co-Authors anjeli anjeli