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Legislative Functions of the House of Representatives in the Perspective of the 1945 Constitution of the Republic of Indonesia Andrian Fernando; Tri Susilowati
Jurnal Indonesia Sosial Sains Vol. 4 No. 06 (2023): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v4i06.828

Abstract

All the objectives of the State are specified in the constitution or essential law of the State as expressed in the Prelude to the 1945 Constitution of the Republic of Indonesia (1945 Constitution), which is contained in the fourth passage which states: 1) safeguard the whole Indonesian country and Indonesia's slaughter; 2) advance public government assistance; 3) teach the existence of the country; and 4) take part in completing world request. In particular, in the 1945 Constitution, the scope and definition of the law are not very clear. Article 20 of the 1945 Constitution only mentions the authority of the DPR to make laws by mutual agreement with the government. Article 24 C paragraph (1) only stipulates that the Constitutional Court has the authority to review laws against the constitution. The lack of clarity over the legislative function of the DPR, causes the State to need to make a standard rule regarding the Law on Procedures and Mechanisms for Forming Legislation. In Indonesia, there have been several regulations regarding arrangements for the Formation of laws and regulations, namely TAP MPRS Number XX/MPRS/1966 concerning Sources of Orderly Law, TAP MPR Number III/MPR/2000 and enhanced by Law Number 10 of 2004 concerning Formation of Legislation. Feeling that the previous regulations were incomplete, on 12 August 2011, the government enacted Law Number 12 of 2011 amendment of Law Number 10 of 2004 concerning the Formation of Legislation.
Application Of Law And Criminal Accountability Against Violent Theft Offenders Erfan Putra Pratama; Tri Susilowati
Jurnal Indonesia Sosial Sains Vol. 4 No. 06 (2023): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v4i06.831

Abstract

The components of the wrongdoing of burglary with brutality are referenced in Article 365 of the Lawbreaker Code which should be met, for example in paragraph (1) "followed by violence to facilitate theft", paragraph (2) 1st "the theft was carried out at night", paragraph (2) 2nd "the theft is committed by two or more people together", paragraph (2) 3rd "by breaking or climbing, using fake keys, fake orders, or fake positions", paragraph ( 2) 4th "theft which caused another person to be seriously injured", paragraph (3) "caused death", paragraph (4) "caused another person to be seriously injured or died which was committed by two or more people together". Application of Law and Criminal Accountability Against Violent Theft Offenders in the Central Java Region. As made sense of in the clarification of the Lawbreaker Code (KUHPidana) in regards to the wrongdoing of robbery, it is recognized by different capabilities, incorporating as specified in Article 365 of the Crook Code, in particular burglary forcibly. Burglary with viciousness is a wrongdoing against property. The savagery committed in the robbery has the motivation behind getting ready or working with burglary or on the other hand assuming got there is a chance for the culprit to escape so the taken thing stays in the possession of the culprit. In law and criminal responsibility to perpetrators of theft with violence in the Central Java region. When analyzed by the formulation of offenses contained in the Criminal Code, the above crimes are included in Article 365 of the Criminal Code. It is because there is no definite understanding in the Criminal Code or other laws regarding what robbery, theft and mugging are, but these three forms of crime fulfill the formulation in Article 365 of the Criminal Code, namely theft by force.