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INDONESIA
Khairun Law Journal
Published by Universitas Khairun
ISSN : -     EISSN : -     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Arjuna Subject : -
Articles 5 Documents
 1 
Search results for , issue "Volume 6 Issue 2, March 2023" : 5 Documents clear
IMPLEMENTATION OF ADDITIONAL CRIMINAL SANCTIONS IN THE FORM OF PAYMENT OF MONEY IN CRIME OF CORRUPTION IN INDONESIA (CRITICAL REVIEW OF THE PRINCIPLE OF LEGAL CERTAINTY IN DECISION NUMBER 5035 K/Pid.Sus/2022) Bana, Egiardus
Khairun Law Journal Volume 6 Issue 2, March 2023
Publisher : Faculty of Law, Khairun University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33387/klj.v6i2.6578

Abstract

Additional criminal sanctions in the form of payment of replacement money to perpetrators of corruption are seen as strategic in the context of recovering state financial losses. The sanctions are regulated in Article 18 paragraph (1) of Law Number 31 of 1999 concerning the Eradication of Corruption Jo. Law Number 20 of 2001 concerning Amendments to Law Number 31 of 1999 Law concerning Eradication of Corruption Crimes. In the application of the law, there is an imbalance regarding how additional punishment in the form of payment of replacement money should be applied to perpetrators of corruption. This results in the creation of legal uncertainty. For this reason, in order to overcome this, it is necessary to conduct a critical study regarding the application of additional criminal sanctions in the form of replacement money in Decision Number: 5035 K/Pid.Sus/2022. By conducting a critical review, it is hoped that the existence of additional criminal sanctions in the form of payment of reimbursement money can be applied consistently so as to provide legal certainty guarantees for perpetrators of corruption.
THE POSITION OF THE DPRD VIEWED FROM THE PERSPECTIVE LEGAL POWER AND POSITION OF THE STATE Haki, Robertus B Oe
Khairun Law Journal Volume 6 Issue 2, March 2023
Publisher : Faculty of Law, Khairun University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33387/klj.v6i2.6599

Abstract

This article aims to find out the concept of the position of the DPR in the perspective of the law of state power and position. Specifically, that law has an important meaning for power because law can act as a means of legalizing the formal power of state institutions, especially the position of the DPR through establishing a legal basis (rules of law) and playing a role in controlling power so that its implementation can be accounted for logically and ethically. The research method used in this paper is normative legal research using a conceptual approach. The results of the study show that the position of the DPRD as a state position is the essence of the limitation of state power by law, in this case the provisions of the laws and regulations governing it as a manifestation of the nature of Indonesia as a state based on law (rechts staat) not based on power (machts staat) as the mandate of the 1945 Constitution which is the legal basis and measure of the performance of state power and positions in all state power institutions, namely the legislature, executive and judiciary. Legal restrictions on the authority of the DPRD office through Law Number 17 of 2014 concerning the MPR, DPR, DPD, DPRD are normatively sufficient, but the limitation on the term of office of the DPRD is still considered not to reflect the principle of equality with provisions regarding other elected political terms. through the mechanism of direct election by the people..
LAW ENFORCEMENT OF LAND GRACE Weku, Robert Lengkong; Adhyaksa, Andika
Khairun Law Journal Volume 6 Issue 2, March 2023
Publisher : Faculty of Law, Khairun University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33387/klj.v6i2.6293

Abstract

This study aims to analyze legal protection for acts of land grabbing and to analyze the prevention and handling of acts of land grabbing. The type of research used is normative legal research, relying on and using library data, namely secondary data in the field of law. The technique of obtaining legal materials is by means of library research by collecting legal materials by reading, quoting, recording and understanding various legal literature and laws. The results of the study show that 1) The legal provisions themselves have accommodated land grabbing in both criminal and civil aspects. 2) Enabling legal sanctions in forcing someone's obedience to the law as above contains aspects of prevention and enforcement aspects.
LEGAL ANALYSIS OF APBDES CAPACITY IN INCREASING THE PRODUCTIVITY OF THE MARITIME ECONOMY IN SOUTH HALMAHERA DISTRICT Hanafi, Muhammad Amin; Ahmad, Imran; Pupulawa, Nurlaila Kadarwati
Khairun Law Journal Volume 6 Issue 2, March 2023
Publisher : Faculty of Law, Khairun University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33387/klj.v6i2.6511

Abstract

The role of the fisheries sector is very large in Morotai Island Regencymust be utilized as much as possible for the prosperity of society. So far, many fishery products have been stolen by foreign fishing boats. By opening up investment for fishing companies, diversifying the utilization and processing of marine products as well as providing assistance to local fish entrepreneurs and providing fishing gear assistance to fishermen is one of the solutions for the development of the fisheries sector in South Halmahera Regency which can be planned for the future.The research method used in this study is the normative legal research method as material to initiate researchers in carrying out an inventory of statutory approaches (statute approach), comparative law (comparative approach), and case studies (case approach). The characteristics of this study fully use secondary data, consisting of primary legal materials; secondary legal materials; as well as tertiary legal materials. The results of the research show that in practice, the development of maritime potential in South Halmahera Regency experiences various challenges and opportunities. Efforts to deal with these obstacles include moderating stakeholders to analyze and describe what is best for the development of maritime potential in South Halmahera Regency, North Maluku Province. It is very important to equate perceptions and common interests so that the policies that are being implemented can run well until the end. Carrying out bureaucratic reform by summarizing the administrative system, including mobile bureaucratic services, both at sea and on land by using boats/ships that are connected to services and the internet so that it makes service easier for the community. Next is to open up investment opportunities as wide as possible so that investment can come easily to the Bintan Regency area. With easy investment into then indirectly. will improve the economy of the people in South Halmahera Regency itself.The capital aspect can be overcome by providing financial assistance to fishermen. It can be in the form of distributing people's business credit, direct investment, CSR of large companies, or through fishing cooperatives where the government provides the widest possible capital assistance in the form of capital equipment and operational equipment such as boats, boat engines, nets, bait, navigational equipment, environmentally friendly technology, fuel, and processing plants and fish auctions which result in destructive fishing.
JURIDICAL ANALYSIS OF THE CRIME OF ABORTION (STUDY OF DECISION NUMBER 40/PID.B/2020/PNWNO) Yulifa, Windy Ratna; Santoso, Aris Prio agus; Aryono, Aryono
Khairun Law Journal Volume 6 Issue 2, March 2023
Publisher : Faculty of Law, Khairun University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33387/klj.v6i2.6538

Abstract

This study aims to find out the judge's considerations in decision Number 40/Pid.B/2020/PN Wno and to find out the decision in case Number 40/Pid.B/2020/PN Wno in terms of positive law in Indonesia. The type of research used in this study is normative legal research or library research with 3 approaches, namely the statutory approach, the case approach and the conceptual approach. The results of this study indicate that the basis for the judge's considerations in imposing a sentence on the case referred to in the judge's decision Number 40/Pid.B/2020/PN Wno is juridical in nature consisting of the public prosecutor's indictment, witness testimony, defendant's statement, evidence, and Apart from that, the articles in the criminal code are non-juridical in nature, namely the reason for the defendant's actions and the consequences of the defendant's actions. That the crime of abortion has violated the provisions of Article 346 of the Criminal Code, this can be seen because the elements in accordance with that article have been fulfilled. Because of the above considerations, the judge decided that the defendant was found guilty so that the defendant had to serve a prison sentence of 1 year and 10 months.

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