Sukmareni Sukmareni
Fakultas Hukum, Universitas Muhammadiyah Sumatera Barat

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ANALISIS PENERAPAN KONSEP MIRANDA RULE DALAM SISTEM PERADILAN PIDANA BERDASARKAN UNDANG-UNDANG NOMOR 8 TAHUN 1981 TENTANG KITAB UNDANG-UNDANG HUKUM ACARA PIDANA Utari Jayu Sahana; Sukmareni Sukmareni; Yon Efri
Ensiklopedia of Journal Vol 6, No 1 (2023): Vol. 6 No. 1 Edisi 1 Oktober 2023
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/eoj.v6i1.2002

Abstract

In an unbalanced state, the principle of humanism is the most basic aspect. The existence of the Miranda Rule concept is a very concrete concept in the judiciary in Indonesia. This development has turned into a restorative juctice which is implemented from Indonesia towards a judiciary. The nature of the research used is descriptive, namely research that aims to provide data that is as precise as possible about the circumstances that are the object of research. Then the problem approach used is a normative juridical approach, namely research that is only aimed at written regulations so that this writing is closely related to libraries because it will require secondary data from the library. Sources of data and legal materials used are secondary data, namely data obtained through literature studies, including books, supporting literature with the subject matter discussed and laws and regulations. The results of this study are that the Miranda Rule is a rule that regulates the rights of a person who is accused or suspected of having committed a crime/crime, before being examined by an authorized investigator/institution. These rights are in the form of the right to remain silent, because everything said by the suspect can be used against him in court; the right to obtain or contact a legal advisor/advocate to defend general rights; if the person concerned is unable to bring in a legal adviser/advocate, then the institution concerned is obliged to bring in the legal adviser/advocate free of charge. To protect suspects from arbitrary investigative actions, the Criminal Procedure Code regulates the protection of suspects' rights in the process of investigating criminal cases. These rights are regulated in Chapter VI (Article 50 to Article 68) of Law Number 8 of 1981. Legal protection for suspects from actions involving suspects' human rights by investigators is very important.Keywords: Miranda Rules, punishment
PERTANGGUNG JAWABAN TINDAK PIDANA PERDAGANGAN ORANG (ANAK) MELALUI PROSTITUSI ONLINE Riski Akbari; Sukmareni Sukmareni; Riki Zulfiko
Ensiklopedia of Journal Vol 6, No 1 (2023): Vol. 6 No. 1 Edisi 1 Oktober 2023
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/eoj.v6i1.1930

Abstract

Trafficking in persons is one of the crimes that occur in a country or region by using violence, fraud, and coercion against others with the aim of committing acts of commercialisation of sex and to perform forced labour services. The results of this study can raise awareness in the community of how important the right to freedom is in determining one's life. This study aims to determine the judge's consideration in handing down a verdict on the act of trafficking in persons, the prosecutor's and judge's considerations regarding the defendant's responsibility in case verdict Number: 347/Pid.Sus/2019/PN Pdg. The methodology used in this research is normative jurisprudence, the results of this study indicate that the prosecutor and the judge as in giving a verdict to the defendant and not in accordance with Law Number 21 of 2007 concerning the eradication of criminal acts of trafficking in persons, and how the view of the law in addressing issues regarding trafficking in persons and the form of legal certainty obtained in the event of trafficking in persons.
PELAKSANAAN PENYIDIKAN TERHADAP TINDAK PIDANA PENGEDARAN ROKOK ILEGAL WILAYAH POLRES LIMA PULUH KOTA Okta Sabani; Sukmareni Sukmareni; Syaiful Munandar
Ensiklopedia of Journal Vol 6, No 1 (2023): Vol. 6 No. 1 Edisi 1 Oktober 2023
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/eoj.v6i1.1926

Abstract

Abstract: Cigarettes are the largest tax contributor in Indonesia, but when cigarettes are not subject to excise bands, the state will lose taxes. The circulation of illegal cigarettes nowadays is very worrying because they are widely circulated and traded in a number of shops, supermarkets and stalls in most of the Fifty Cities area which has the potential to disrupt the markets for cigarette companies and also excise recipients. The purpose of this research is to find out how the investigation process, the obstacles faced and the efforts to tackle the distribution of illegal cigarettes. The results of this study indicate that the investigation process that was carried out was terminated due to a lack of evidence in the ongoing investigation. Then, the obstacle faced is the lack of human resources making it difficult to bring in experts (Ministry of Health and Ministry of Trade of the Republic of Indonesia) to handle the case, because in the West Sumatra Region there are no such experts and the investigation has to stop and can only take place if information is obtained from experts as well and also experiencing problems with facilities and infrastructure. In tackling the investigation, the Lima Puluh Kota Police asked for cooperation with relevant agencies, so that the investigation process in the future would not be stopped again and besides that, conducting outreach to the community and conducting raids every Saturday night in the Riau-West Sumatra Crossing in an effort to prevent it from happening again distribution of illegal cigarettes.Keywords: Illegal, Circulation, Cigarette
PERAN KOMISI PENYIARAN INDONESIA DAERAH SUMBAR DALAM MEMBERIKAN PERLINDUNGAN HUKUM TERHADAP ANAK KORBAN KONTEN PORNOGRAFI Nuriya Ulva; Sukmareni Sukmareni; Riki Zulfiko
Ensiklopedia of Journal Vol 6, No 1 (2023): Vol. 6 No. 1 Edisi 2 Oktober 2023
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/eoj.v6i1.1991

Abstract

The Indonesian Broadcasting Commission (abbreviated as KPI) is an independent institution in Indonesia whose position is at the same level as other state institutions that functions as a regulator of broadcasting operations in Indonesia. KPI also has the authority to formulate and supervise various broadcasting regulations that link broadcasters, the government and the public. Those who found violations of broadcast content on a television and radio program. The purpose of this study was to find out the role of the West Sumatra KPID in providing legal protection for child victims of pornographic content, to find out the obstacles and efforts made by the Indonesian Broadcasting Commission in providing legal protection for child victims of pornographic content.The research conducted is empirical legal research, which is legal research that examines law which is conceptualized as real behavior as a social phenomenon that is unwritten in nature in examining problems seen in terms of the rule of law regarding the role of the Indonesian Broadcasting Commission in the West Sumatra region in providing protection for children from pornographic content. the data used are primary and secondary data, which are obtained directly from KPID as respondents and informants, as well as resource persons. And secondary data. The data collection method used in this study is empirical research. The data analysis used is qualitative dataBased on the research results it is understood that the role of KPID in providing legal protection for child victims of pornographic content is to accommodate aspirations and represent the interests of the community, KPI is tasked with ensuring the implementation of a sound and quality broadcasting system. The constraints of the Indonesian Broadcasting Commission on broadcasting institutions broadcasting pornographic content are that the regulation on KPI in the Broadcasting Law is inadequate for KPI in carrying out its functions, duties and authorities, KPI institutions are not yet ideal, where KPI is still coordinative which causes many problems in imposing sanctions and KPI financing and other constraints, namely that the KPID has not been able to implement laws and regulations to the fullest. KPI's efforts in tackling broadcasters broadcasting pornographic content are to comprehensively regulate the formation of KPI institutions. Changing the institutional structure of KPI with KPID which was originally coordinative to hierarchical. In addition, it is also necessary to clearly regulate the legal instruments that can be used by KPI in carrying out its functions, duties and authorities.