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INDONESIA
DE'RECHTSSTAAT
Published by Universitas Djuanda Bogor
ISSN : 24425303     EISSN : 25499874     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
JURNAL HUKUM "DE'RECHTSSTAAT" adalah Jurnal Hukum yang diterbitkan oleh Program Studi Ilmu Hukum Fakultas Hukum Universitas Djuanda Bogor. Terbit pertama kali pada bulan Maret tahun 2015, dan terbit secara berkala 2 kali dalam satu tahun yaitu pada bulan Maret dan September, penggunaan nama "DE'RECHTSSTAAT" dalam jurnal ini disesuaikan dengan sistem kenegaraan bangsa Indonesia yang berasaskan sebagai negara hukum. "DE'RECHTSSTAAT" merupakan tinjauan/kajian berbagai aspek ilmu pengetahuan dibidang hukum yaitu berupa hasil karya ilmiah baik secara ius costitutum dan ius costituendum.
Arjuna Subject : -
Articles 271 Documents
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CRIMINAL RESPONSIBILITY FOR PERPETRATORS OF THE CRIMINAL ACT OF INTENTIONALLY COMMITTING AN ABORTION DURING DATING Dewi Kusmiyati; Ali Johardi Wirogioto; Saefullah
DE'RECHTSSTAAT 2024: SPECIAL ISSUE ON DJUANDA INTERNATIONAL CONFERENCE ON SOCIAL SCIENCES (DICSS) 2024
Publisher : Fakultas Hukum Universitas Djuanda

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Abstract

This research aims to determine the extent to which the police act in determining whether abortion is legal or illegal and to determine the obstacles in implementing sanctions for perpetrators of abortion crimes in the city of Makassar. There are two research methods used in this research, namely literature study by collecting data and understanding various literature related to the research material and field study by collecting data and conducting research directly at the research location. The results of the research show that the role of the police in determining legal and illegal abortions is in accordance with applicable legal regulations, namely that the legal regulation of the criminal act of abortion is clearly stated in the Criminal Code, Law Number 36 of 2009 concerning Health, and Government Regulation Number 61 of 2014 concerning Reproduction health. Whereas the element of "intentionally" carrying out an abortion has been fulfilled in Article 194 of Law Number 36 of 2009 concerning health, then the defendant has been declared to have been legally and convincingly proven to have committed the crime of abortion. The police determine cases of illegal and legal abortion by finding out the reasons for the abortion. If the abortion is carried out on health grounds or to save the life of the mother, it can be decided as a legal abortion in accordance with Law Number 36 of 2009 Article 75 Paragraph (2), but if it is not proven as in the Criminal Code regulations then the abortion is considered an illegal abortion. In the process of carrying out the investigation, investigators experienced several technical problems in the field. The obstacles in the investigation process are the difficulty of finding witnesses, lack of evidence, difficulty in identifying suspects.
JURIDICAL ANALYSIS OF CHILDREN CARRYING SHARP WEAPONS IN THE TAURAN ACTION IN BOGOR CITY IS REVIEWED IN LAW NUMBER 35 OF 2014 CONCERNING CHILD PROTECTION Nazlah Kusumah, Dewi; Gilalo, Jacobus Jopie; Ma’arif, Rizal Syamsul
DE'RECHTSSTAAT 2024: SPECIAL ISSUE ON DJUANDA INTERNATIONAL CONFERENCE ON SOCIAL SCIENCES (DICSS) 2024
Publisher : Fakultas Hukum Universitas Djuanda

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Abstract

Children need to be protected from the negative impacts of rapid development, the flow of globalization in the fields of communication and information, advances in science and technology, as well as changes in the style and way of life of some parents which have brought about fundamental social changes in people's lives which have a big impact on values. and child behavior. Deviant behavior or unlawful acts committed by children, among other things, are caused by factors outside the child. The purpose of this research is to analyze the problems that often occur, namely related to children who carry sharp weapons in brawls in the city of Bogor, and are associated with law No. 35 of 2014 concerning Child Protection, and the law regulates the rights of children that need to be protected from criminal acts against children, both committed by children and parents against children. In this study, a normative juridical method is used, namely by using literature studies, laws and legal comparisons. And the data used are primary materials such as laws and secondary legal materials such as books, journals, and articles that discuss children's criminal law and the results of his research are that children who are involved in brawls and carry sharp weapons can be sanctioned under the Law on Child Protection, but there must still be attention to the principle of child protection,  and the most important thing is the coaching and rehabilitation of children. And law enforcement must pay attention to the interests of children's rights, and in this case, excessive legal protection. And the conclusion of this study is that the protection of children in cases of brawls must be completed by carrying out rehab and prevention, as well as strengthening the role of parents, the community, and the government in educating children to be good.
LEGAL ANALYSIS OF THE FUNCTION OF THE BOGOR POLICE TRAFFIC UNIT IN ENFORCING TRAFFIC VIOLATIONS REGARDING TECHNICAL REQUIREMENTS FOR MOTOR VEHICLES Ariansyah, M. Dizky Maulana; Aridhayandi, M. Rendi; Djuniarsono, R.
DE'RECHTSSTAAT 2024: SPECIAL ISSUE ON DJUANDA INTERNATIONAL CONFERENCE ON SOCIAL SCIENCES (DICSS) 2024
Publisher : Fakultas Hukum Universitas Djuanda

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Abstract

Awareness and obedience to traffic regulations are a reflection of the community's obedience to applicable regulations and laws. The technical completeness of motor vehicles that must always be in roadworthy condition includes the brake system, steering system, front wheel position, and sturdy vehicle body and frame. In addition, passenger loading equipment that is always clean for passenger vehicles. The purpose of this paper is to find out and analyze the function of the Bogor Police Traffic Unit in enforcing traffic violations regarding the technical requirements of motor vehicles and obstacles encountered. The method used is an empirical research method, namely law as a symptom of society, as a social institution or patterned behavior. The results of the analysis show that the cause of behavior that violates traffic regulations is due to the lack of harmony between social expectations based on the values ​​and norms adopted with the social realities that occur every day. Violators have been given warnings, reprimands, even traffic police often give tickets to violators, and there are even traffic police who confiscate the violators' vehicles. Traffic violations have another impact, namely the emergence of white collar crime. Hazel Croal defines white collar crime as the abuse of a legitimate position as defined by law. Ultimately, white collar crime makes the impact of social control less real. Finally, social deviation in this case traffic violations recur.
EFFORTS TO PREVENT SECURITY AND ORDER DISTURBANCES BY THE BRIMOB CORP THROUGH PATROLS AND ON-SITE ACTION BASED ON THE DISCRETIONAL AUTHORITY OF THE POLICE Hananto, Dwi; Nuraeny, Henny; Nurwati
DE'RECHTSSTAAT 2024: SPECIAL ISSUE ON DJUANDA INTERNATIONAL CONFERENCE ON SOCIAL SCIENCES (DICSS) 2024
Publisher : Fakultas Hukum Universitas Djuanda

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Abstract

Many criminal cases occur in the Jabodetabek area with various types, including murder, rape, robbery, mugging, ganging up, theft, pickpocketing, to the lightest such as bullying. This study aims to determine and analyze efforts to prevent disturbances to security and order by the Brimob Corps through patrols and on-site action based on the discretionary authority of the Police. Empirical legal research is research that examines community behavior as a legal issue. In this study, the object of study is deviant behavior in the form of disturbances to security and order. To make patrol activities effective, namely: (1) Preparation of personnel, (2) Provision of facilities, (3) Knowing field conditions, (4) Patrolling at the right time, (5) Coordinating with village governments, mass organizations, and figures in each area to be patrolled. Discretion is the authority given to police officers to act based on their considerations in certain circumstances. The actions that can be taken are: (1) Preventing criminal acts which include: Soft hand-to-hand control, Hard hand-to-hand control, Control of blunt weapons, chemical weapons including tear gas, chili spray or other tools according to police standards, (2) Arresting the perpetrator, (3) Confiscating all evidence, (4) Taking action to stop activities which have the potential to cause disturbances to security and order.
LEGAL CERTAINTY FOR TWO-WHEELED VEHICLES WITH ENGINE CAPACITY ABOVE 500CC Utomo Baruno, Wira Prio Utomo Baruno; Yumarni, Ani; Mulyadi
DE'RECHTSSTAAT 2024: SPECIAL ISSUE ON DJUANDA INTERNATIONAL CONFERENCE ON SOCIAL SCIENCES (DICSS) 2024
Publisher : Fakultas Hukum Universitas Djuanda

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Abstract

The need for legal certainty for two-wheeled vehicles, especially those with high cubic capacity or commonly called large motorbikes, especially in Indonesia. This study aims to determine the legal certainty for two-wheeled vehicles with engine capacity above 500cc. This research is classified as empirical legal research, namely research that examines community behavior as a legal issue. In this study, the object studied is deviant behavior in the form of disturbances to security and order. The results of the study show that vehicles with a cubic capacity above 500cc certainly have a very high thrust that can travel 100 kilometers per hour or even faster than four-wheeled vehicles. This has the potential to cause danger to users and of course has an impact on others if it causes an accident. Legal certainty is the existence of clear provisions of laws and regulations that regulate a legal issue that can be implemented so that it can provide rights to every citizen. Legal certainty certainly requires law enforcement from law enforcers to prevent, prosecute, and rehabilitate traffic violators so that they do not repeat their actions
EFFECTIVENESS OF THE MINISTRY OF COMMUNICATION AND INFORMATION IN HANDLING THE MISUSE OF PERSONAL DATA Riswanih, Ira; Nurwati; Aridhayandi, M. Rendi
DE'RECHTSSTAAT 2024: SPECIAL ISSUE ON DJUANDA INTERNATIONAL CONFERENCE ON SOCIAL SCIENCES (DICSS) 2024
Publisher : Fakultas Hukum Universitas Djuanda

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Abstract

The Ministry of Communication and Information (KOMINFO) has an important role in handling the phenomenon of cybercrime, especially misuse of personal data. The total number of alleged cases of violations of personal data protection from 2019 to May 14, 2024 reached 124 cases. The most violations were data leaks, which were 111 cases. This places Indonesia in the top 10 countries with the most data leaks from January 2020 to January 2024 according to Surfshark, a virtual private network (VPN) company from the Netherlands. Because of this case of personal data leaks, many other institutions have also felt the impact and the impact is not only felt by related institutions but also by the Indonesian people. The Electronic Information and Transactions Law (UU ITE) and the Personal Data Protection Law (UU PDP) were formed because of the urgent need for the people, nation, and state of the Republic of Indonesia today and in the future to be able to compete in the era of globalization. The purpose of this study is to determine how effective the Ministry of Communication and Information is in handling cybercrimes related to misuse of personal data that often occurs in the era of globalization, not only that, this study was also conducted to determine how harmonious the relationship between the Ministry of Communication and Information with other institutions is so that handling misuse of personal data can be carried out more optimally. This study uses a normative legal approach. This study focuses on the analysis of laws and regulations related to the ITE Law and the PDP Law. This type of normative research uses qualitative analysis, namely by analyzing data from library research then processing, generalizing, and analyzing it to answer the problem, then conclusions are drawn regarding the effectiveness of the Ministry of Communication and Information (KOMINFO) in handling cybercrimes related to misuse of personal data. This study shows the findings that there is a fairly severe gap that can be experienced by the Ministry of Communication and Information in carrying out the job description related to personal data protection. This gap does not only come from outside but also from within the Ministry of Communication and Information itself. So if the gap is not immediately closed and fixed, it will have an impact on the programs of the Ministry of Communication and Information, other institutions, and the wider community. The focus of this research will be limited to the many changes that have occurred in the Ministry of Communication and Information itself. This research is relevant to the legal and policy context, especially related to personal data protection. By analyzing this personal data protection policy, it is expected to provide useful input for policy makers, especially for the Ministry of Communication and Information in fixing the gaps that occurred previously so that they do not happen again in the future.
LAW ENFORCEMENT AGAINST CRIMINAL ACTS FRAUD IN FINANCIAL TRANSACTIONS BASED ON LAW NO. 10 OF 2010 CONCERNING BANKING Kesuma, Moch Wisnu Pujaka; Nuraeny, Henny; Aridhayandi, M. Rendi
DE'RECHTSSTAAT 2024: SPECIAL ISSUE ON DJUANDA INTERNATIONAL CONFERENCE ON SOCIAL SCIENCES (DICSS) 2024
Publisher : Fakultas Hukum Universitas Djuanda

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Fraud is an unlawful act of fraud that is carried out intentionally and can harm other parties. Fraud can be in the form of theft, robbery, extortion, forgery, embezzlement and so on. Lay people usually say that fraud is a criminal act or an act of corruption. One case of criminal or fraud that occurred was a problem involving one of the BRI Bank employees with a customer in Cikeas. This case began with a report handled by Subdit II Reskrimsus Polda Riau No. LP/B290/VI/2022/SPKT in 2022. The purpose of this study is to determine law enforcement against criminal acts of fraud in banking transactions and to determine the factors that hinder law enforcement against criminal acts of fraud in banking transactions. The method used is sociological legal research, namely examining the applicable legal provisions and what happens in reality in society or to obtain clarity and understanding and research problems based on existing realities or case studies. The results of this study are the weak role of banking in efforts to overcome or participate in handling banking cases themselves, in addition to the problem of proving cases, doubts from investigators in determining whether there is a crime of money laundering as a continuation of banking crimes, and incomplete reports obtained by investigators so that investigators must re-examine the reported allegations. Suggestions The need to improve the quality of law enforcement officers by providing a deep understanding of fraud crimes in banking financial transactions.
The Impact of Monopoly Practices in Business Space in Indonesia According to Indonesian Regulations Kusumawardana, Amanda Salsabila; Rani Apriani
DE'RECHTSSTAAT Vol. 11 No. 1 (2025): JURNAL HUKUM DE'RECHTSSTAAT
Publisher : Fakultas Hukum Universitas Djuanda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jhd.v11i1.7029

Abstract

Monopoly is a market situation in which there is only one business actor or one group of business actors who "control" one production and/or marketing of rods and/or the use of certain services that will be offered to consumers, resulting in business actors or groups of business actors being able to control and control the level of production, prices and at the same time marketing areas. Based on Article 1 paragraph (2) of Law No. 1999, the practice of monopoly is the centralization of economic power by one or more business actors which results in the control of production and/or marketing of certain goods and/or services, causing unfair business competition and can harm the public interest. Based on article 17 of law number 5 of 1999, it is explained that not all monopoly activities are prohibited or become a problem. The practice of monopoly has a positive and negative impact depending on how business actors carry out their business activities.
Legal Analysis of Termination of Employment Case in Industrial Court Decision Number 24/Pdt.Sus-PHI/2015/PN.Kpg. Alamsyah, Fiqih Dien; Sifana, Firdha; Simanjuntak, Max Doan; Tarina, Dwi Desi Yayi
DE'RECHTSSTAAT Vol. 11 No. 1 (2025): JURNAL HUKUM DE'RECHTSSTAAT
Publisher : Fakultas Hukum Universitas Djuanda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jhd.v11i1.13546

Abstract

Termination of employment is an event that often occurs in an employment relationship between workers/laborers and employers. The case involving Albert Wadu as a permanent employee of Kupang Beach Hotel with his leadership and KPN Maju, is a case of violation of rights and obligations after unilateral termination carried out by Kupang Beach Hotel by not applying applicable legal regulations in Indonesia regarding this matter. The research method used is normative legal research method. The results of this study indicate that in dealing with factors that influence termination of employment, companies need to make firm decisions in accordance with applicable regulations, namely Law No. 11 of 2020 Article 154A. In addition, employees can also terminate employment if they feel uncomfortable or there are other influencing factors. In this case, the company needs to take firm action in terminating employment and fulfill the requirements based on applicable regulations, namely Law No. 11 of 2020 Article 154A. In Law Number 2 of 2004 there are procedures for resolving industrial relations disputes and including the settlement of disputes over termination of employment (PHK), this law states that there are 3 ways to resolve disputes over termination of employment, namely, Bipartite, Tripartite and Industrial Relations Court.
Critical Analysis of the Development of Surabaya Waterfront Coastal Area in Relation to the State’s Right to Control Jose Andreawan, Jose Andreawan; Martin Roestamy
DE'RECHTSSTAAT Vol. 11 No. 1 (2025): JURNAL HUKUM DE'RECHTSSTAAT
Publisher : Fakultas Hukum Universitas Djuanda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jhd.v11i1.14980

Abstract

In principle, our constitution has regulated the State’s Right to Control as reflected in the constitutional authority given to the state to regulate, manage, oversee, and control all natural resources or branches of production which are crucial for the state and affect the livelihoods of the people. Land acquisition by the Government for the implementation of the national strategic projects often encounters resistance from local communities. This resistance is not baseless, as there are losses suffered by local communities in the execution of these projects. The research applied normative legal research as the method, focusing solely on document studies, with sources of law including legislation, court decisions, contracts/agreements, legal theories, and opinions of legal scholars. The suggested solution is that land use by the Government must apply the principle of caution to prevent land degradation that could lead to natural disasters due to the construction of the Surabaya waterfront. Essentially, the state’s right to control should not be interpreted as the state’s absolute right to individually control all natural resources. Instead, its meaning is limited to actions taken by the Government in managing natural resources that must aim for the greatest welfare of the people.

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