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Lumban Tungkup, Doharmam
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Identifikasi Berbagai Masalah Yuridis dalam Formulasi Perundang-Undangan Pidana Kartini, Sri; Wira Perdana, Fadjrin; Irwan, Irwan; Lumban Tungkup, Doharmam; Miran, Miran
Jurnal Indonesia Sosial Sains Vol. 3 No. 06 (2022): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v3i06.671

Abstract

Criminal law contains several regulations containing prohibitions and requirements determined by the state and if these are violated, they are accompanied by criminal threats. Acts against the law in criminal law are regulated in the Criminal Code (KUHP), while criminal laws outside the Criminal Code are referred to as special crimes. However, several policies on the formulation of criminal provisions contain juridical problems. The purpose of this research is to identify various juridical problems in the formulation of criminal legislation. The research method used in this research is descriptive with a qualitative approach. The results of the study indicate that the identification of various juridical problems in the formulation of legislation includes 1) Juridical Formulation Problems in Provisions of 5 Special Laws outside the Criminal Code; 2) The problem of not determining the formulation of the offense as a "crime or violation"; 3) Juridical Consequences/ Implications That Arise in Determining the Formulation of the Offense. This has a juridical impact in the form of not being able to apply the general rules in Book I (Chapters I-VIII) of the Criminal Code against criminal acts regulated in five special laws outside the Criminal Code.
Pengaruh Implementasi Hukum Pidana Tehadap Peningkatan Keamanan dan Ketertiban Masyarakat Wibisono, Yohan; Wira Perdana, Fadjrin; Irwan, Irwan; Lumban Tungkup, Doharmam; Miran, Miran
Jurnal Indonesia Sosial Sains Vol. 3 No. 06 (2022): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v3i06.673

Abstract

The state has an obligation to create a safe and orderly environment for every citizen. Order and security can form a society with character, mental health and ready to compete in the international realm. This is because the environment has a strong influence on transferring character to each individual. This situation can be realized if the criminal law in Indonesia is enforced properly. Unfortunately, law enforcement sometimes fluctuates so that people are restless and criminals continue to carry out their actions. For this reason, this research was conducted to determine the effect of the implementation of criminal law on increasing public security and order. The research method used is descriptive qualitative research with observation interviews and questionnaires distributed through gform. The results of this study indicate that the implementation of criminal law has a positive effect on increasing public security and order.
Analisis Peraturan Presiden Mengenai Investasi pada Bidang Usaha Minuman Keras dalam Perspektif Hukum Moral dan Agama Surnata, Surnata; Wira Perdana, Fadjrin; Irwan, Irwan; Lumban Tungkup, Doharmam; Miran, Miran
Jurnal Indonesia Sosial Sains Vol. 3 No. 06 (2022): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v3i06.674

Abstract

The president as an executive agency can make regulations called presidential regulations (Perpres). The formation of the Presidential Regulation is used as a guideline by citizens in carrying out their daily lives. Unfortunately, not all presidential regulations are in line with religion and moral law so that they get pros and cons from the public, as is the case with Presidential Decree No. 10 of 2021 concerning the Investment Business Sector, to be precise in appendix 2 regarding liquor investment. This study was conducted to analyze the presidential regulation from the perspective of moral and religious law. This research was conducted with a qualitative approach through the type of normative juridical research and delivered descriptively. The technique of collecting data is through literature review, interviews, observation and distributing questionnaires through the g-form. Based on the results of the study, it is known that Presidential Decree No. 10 of 2021 concerning the Investment Business Sector, precisely in Appendix 2 regarding investment in liquor is contrary to Islamic religious law. Whereas in the moral law there are pros and cons, the cons are more than the pros. This is proven by the repeal of this Presidential Regulation and the issuance of Government Regulation No. 49 of 2021 regarding Amendments to Presidential Regulation No. 10 of 2021 concerning the Investment Business Sector.
Co-Authors Fadjrin Wira Perdana Irwan Irwan Miran, Miran Sri Kartini, Sri Surnata, Surnata Wibisono, Yohan