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All Journal International Journal of Educational Review, Law And Social Sciences (IJERLAS) Journal of International Islamic Law, Human Right and Public Policy International Journal of Society and Law
Yasmira Mandasari Saragih
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Religion Humanities Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences Other

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Legal Review Of Children Who Commit Traffic Violations Eddy; Yasmira Mandasari Saragih; Tamaulina Br. Sembiring; Eri Siswanto
International Journal of Society and Law Vol. 3 No. 1 (2025): April 2025
Publisher : Yayasan Multidimensi Kreatif

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Traffic violations involving children are increasingly found in everyday life. Children, who in this case are categorized as a person under the age of 18, are often involved in various forms of traffic violations, such as driving a motor vehicle without a driver's license, violating traffic signs, riding and driving at dangerous speeds. This phenomenon raises concerns, especially due to the high risk of accidents and the potential for casualties. In this paper, we will discuss criminal liability for children who commit traffic violations and legal sanctions for children who commit traffic violations. The method applied in this study is the normative juridical method, a deductive approach that uses theory as a starting point to answer research questions. This study will analyze articles in laws and regulations related to legal studies of children who commit traffic violations. Legal sanctions against children who commit traffic violations can be in the form of criminal or non-penal actions. Criminal sanctions are more educational in nature such as warnings, supervision, and coaching in special institutions. Meanwhile, non-penal actions such as guidance or counseling are prioritized so that children can understand mistakes and correct their behavior. The system aims to ensure that children are given the opportunity to change. The application of sanctions against children who commit traffic violations must pay attention to the balance between law enforcement, the best interests of the child, and prevention goals. Despite violations, an approach based on the protection of children's rights remains the basis for coaching efforts.
JURIDICAL STUDY OF THE CRIMINAL ACTS OF DEFENSE IN VIEW FROM THE ITE LAW NUMBER 19 OF 2016 Yasmira Mandasari Saragih; Mhd. Ihwanuddin Hasibuan; Rico Nur Ilham; Ricky Pratama Ginting; Sardi
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 3 No. 3 (2023): May
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v3i3.944

Abstract

This research was conducted with the aim of finding out how the application of legal sanctions for perpetrators of criminal acts of defamation according to the ITE Law Number 19 of 2016 and how the impact of ITE Law Number 19 of 2016 has on legal changes in society. By using normative juridical research methods. In submitting criticism or opinion, it is protected by human rights and applicable laws and regulations. The criminal act of Defamation is strictly regulated in Law Number 19 of 2016 namely in Articles 27, 28 and Article 29 which prohibits distributing and/or transmitting and/or making electronic information accessible, which contains insults and/or defamation. Good name. Article 27 paragraph 3 of the ITE Law, In order to be categorized as a criminal act of defamation, the following elements must be proven: Intentional existence, without rights (without permission), with the aim of attacking reputation or honor, attacking accusations to make it known to the public. The Electronic Information and Transaction Law (UU ITE), which has been passed by the government along with the rapid development of information technology, aims to maintain and maintain polite behavior in cyberspace. However, the Indonesian people feel that the existence of the ITE Law actually hinders freedom of expression and issuing opinions. Moreover, there is misuse of the benefits of the ITE Law, namely the state apparatus to silence people who have criticized the state. In this journal, the author explains the various influences of the ITE Law on people's lives and the impacts it has. In conclusion, the principles of the ITE Law actually have good intentions to protect Indonesian people from misuse of social media. The community also wants the government to immediately remove articles that are prone to being misused for freedom of expression and to be able to create a democratic state from both the people and the government.
IMPLEMENTATION OF RESTORATIVE JUSTICE IN THE PUNISHMENT OF CORRUPTION CRIMES IN INDONESIA Zufarnesia; Yasmira Mandasari Saragih
Journal of International Islamic Law, Human Right and Public Policy Vol. 2 No. 1 (2024): March
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v2i1.44

Abstract

Indonesia is a rule of law country where one of the basic objectives of eradicating criminal acts of corruption in Indonesia is to restore state losses. However, the retributive justice paradigm which is the legal basis for eradicating criminal acts of corruption and punishing perpetrators of corruption is not relevant to the main goal of the law of eradicating corruption in Indonesia. What is actually important in the spirit of eradicating corruption is that returning state losses is only an additional penalty which can also be replaced by imprisonment. This article is intended to examine the concept of criminal punishment for perpetrators of criminal acts of corruption that is relevant to be implemented in Indonesia in accordance with what is required by law by taking into account developments in the life of the nation and state today. The study focuses on deepening collaboration on the concept of restorative justice to maximize returns to state finances in punishing perpetrators of corruption in Indonesia. By using normative juridical research methods, this study concludes that the concept of restorative justice in punishing perpetrators of criminal acts of corruption can be implemented in the form of strengthening norms for returning state losses from being an additional crime to being a basic crime. To anticipate that the perpetrator will not be able to pay the losses, the concept of forced labor can be applied instead of imprisoning the perpetrator of a criminal act of corruption.
CRIMINAL LAW ARRANGEMENTS AGAINST JUSTICE COLLABORATORS IN CORRUPTION CRIMES IN INDONESIA Heru Suhendro; Yasmira Mandasari Saragih
Journal of International Islamic Law, Human Right and Public Policy Vol. 2 No. 1 (2024): March
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v2i1.45

Abstract

In various countries, the form of legal protection for Justice Collaborators and Westleblowers is different. Legal protection for Justice Collaborators was first known in Italy, at that time a member of the Italian mafia, Joseph Valachi, testified about the crimes committed by his group, then followed in America and Australia with legal protection. Meanwhile, in Indonesia, regulations regarding the actions of a Justice Collaborator or Westleblower are regulated in joint regulations with law enforcement officials and circulars from the Supreme Court. In giving testimony, Justice Collaborators are generally motivated by reducing their prison term or from their heart they really want to repent. However, in testimony, sometimes a Justice Collaborator is disturbed or obstructed by fellow colleagues who have committed a crime, and this is something that needs to be regulated by every country in the world so that the dismantling of a criminal case can run optimally. In responding to corruption cases, countries in the world have responded with various regulations so that they can have a deterrent effect on perpetrators of these crimes, they have also included regulations regarding Westleblowers and Justice Collaborators in their country's laws. However, in Indonesia the rules regarding witnesses, perpetrators and reporters are only regulated in the 2011 Supreme Court circular and joint regulations with law enforcement officials and the LPSK. It is appropriate that regulations regarding protection for reporting witnesses and cooperating perpetrator witnesses be included in our country's laws, so that the brave mentality of these witnesses can continue.
IMPLEMENTATION OF ONLINE TRIALS IN NARCOTICS CRIME NUMBER 112/PID.SUS/2022/PN.BNJ (CASE STUDY IN THE BINJAI STATE COURT) Rizal Efendi Harahap; Yasmira Mandasari Saragih; Rahmayanti
Journal of International Islamic Law, Human Right and Public Policy Vol. 2 No. 1 (2024): March
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v2i1.49

Abstract

The Covid-19 pandemic has forced the Indonesian Supreme Court to formulate formal juridical rules for online trials regarding social distancing. However, the legal basis and legal strength of decisions carried out online are still debatable, plus there are several obstacles and obstacles in their implementation. This research uses an empirical normative approach, namely direct research in the field (field resources) by exploiting materials.law.primary, namely Court Decisions, Interviews and Observations are also materials..secondary in the form of books, papers and journals. Next, it is analyzed by examining the data collected from the case study study and synchronizing it with the results of the study of statutory regulations.Online trial for registered narcotics criminal cases112/ Pid.Sus/2022/PN.Bnj is formally implemented based on PERMA RI No. 4 of 2020 jo. PERMA RI No. 8 of 2022, the implementation of which experienced several obstacles, specifically in the form of the video teleconference network (via zoom) being disconnected or disrupted. Then, inadequate supporting facilities such as hardware, internet network and electricity can go out at any time, disrupting the online trial process. It is hoped that the research can contribute ideas to practitioners and academics, especially to the legislature and judiciary so that improvements in the implementation of online trials in Indonesia can take place.
Co-Authors Eddy Eri Siswanto Heru Suhendro Mhd. Ihwanuddin Hasibuan Rahmayanti Ricky Pratama Ginting Rico Nur Ilham Rizal Efendi Harahap Sardi Tamaulina Br. Sembiring Zufarnesia