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INDONESIA
Jurnal Ilmu Hukum The Juris
ISSN : 25800299     EISSN : 25808370     DOI : -
Core Subject : Social,
JURNAL ILMU HUKUM "THE JURIS" adalah Jurnal ilmiah yang diterbitkan secara berkala oleh SEKOLAH TINGGI ILMU HUKUM AWANG LONG, SAMARINDA. Pemilihan dan penggunaan kata THE JURIS dimaksudkan untuk menunjukkan pemetaan lingkup ide dan gagasan dari para praktisi, akademisi, dan ilmuan hukum yang difokuskan pada berbagai isu strategis mengenai hukum baik di tingkat nasional maupun internasional.
Arjuna Subject : -
Articles 16 Documents
Search results for , issue "Vol 4 No 2 (2020): JURNAL ILMU HUKUM : THE JURIS" : 16 Documents clear
PENERAPAN PASAL 18 UNDANG-UNDANG NOMOR 20 TAHUN 2001 TERKAIT DENGAN UANG PENGGANTI GUNA PENGEMBALIAN KERUGIAN KEUANGAN NEGARA Toman Epy Lazarus Ramandey; Faisal Malik; Nam Rumkel
The Juris Vol 4 No 2 (2020): JURNAL ILMU HUKUM : THE JURIS
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v4i2.110

Abstract

This paper will specifically analyze the application of Article 18 of Law Number 20 Year 2001 concerning the Eradication of Corruption as compensation for recovering state financial losses at the Jayapura District Prosecutor's Office. This type of research is normative or doctrinal law research. The legal materials used are primary legal materials, namely legal regulations and secondary legal materials consisting of statistical data from the Jayapura District Prosecutor's Office, and the Corruption Court at the Jayapura Class I A District Court, text books, legal journals, comments - Comment and legal dictionaries. Data collection was carried out through document study and literature study. The collected data were then analyzed qualitatively. The results of the study show that the return of a number of funds or payment of replacement money equal to the value of corruption committed by perpetrators of corruption for the return of state losses does not eliminate criminal charges as stated in Article 4 of Law Number 20 Year 2001 concerning amendments to Law Number 31 Year 1999 concerning the Eradication of Corruption Crime. The rules regarding the mechanism for paying replacement money to recover state losses due to corruption are very clear. Namely, based on the Attorney General's decision Number: Kep-518/J.A/11/2001 dated November 1, 2001 concerning the Mechanism of Payment of Replacement Money.
EFEKTIVITAS PENANGANAN TINDAK PIDANA PERIKANAN DI MALUKU UTARA Muhammad Sofyan; Faisal Malik; Nam Rumkel
The Juris Vol 4 No 2 (2020): JURNAL ILMU HUKUM : THE JURIS
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v4i2.111

Abstract

This paper aims to analyze the effectiveness of the application of Article 100 of Law Number 31 Year 2004 in handling fisheries crime in North Maluku. The type of research used is the research type Socio Legal Research. The data used is primary data which is data obtained directly from the object to be studied. Data is obtained through field research from the research locations mentioned above, namely in the form of interviews or statements from investigators of the Directorate General of Civil and Political Sciences, Public Prosecutors and District Court Judges, fisheries expert witnesses, and secondary data, namely data obtained from institutions or certain institutions. Data is obtained through report materials and other documents that have existed previously and have a close relationship with the issues discussed in this paper. The collected data were then analyzed qualitatively. The results of the study show that the application of Article 100 of Law Number 31 Year 2004 by law enforcement officials has not been effective, because investigators by the Police and prosecution by the Prosecutor consistently use these articles, but judges based on the trial decisions that occurred ignored the demands in article 100 by choosing the penalty is lighter because it only pays a fine in accordance with what happens in a fishery crime. Therefore, based on what happens repeatedly, it is imperative that in enforcing the fisheries criminal law in North Maluku, law enforcement officials, both the Police, the Attorney General as well as judges must be consistent in applying Article 100 since the process of investigation, prosecution and the decision to be decided.
IMPLEMENTASI KONSEP KEADILAN RESTORATIF DALAM PERKARA ANAK YANG BERKONFLIK DENGAN HUKUM DI KEPOLISIAN RESORT KOTA BESAR MAKASSAR Muh Rijal; Sufirman Rahman; Baharuddin Baharu
The Juris Vol 4 No 2 (2020): JURNAL ILMU HUKUM : THE JURIS
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v4i2.112

Abstract

The application of restorative justice at the Makassar Police Station has been carried out, both before and after promulgation and the enactment of the Republic of Indonesia Law Number 11 Year 2012 concerning the Child Criminal Justice System, this is evidenced by many child cases resolved by deliberation and not yet reached the stage of investigation.
PROBLEM TATA KELOLA PEMERINTAHAN YANG BERBASIS WILAYAH KEPULAUAN DI PROVINSI MALUKU UTARA Jamal Hi Arsyad; Bambang Daud
The Juris Vol 4 No 2 (2020): JURNAL ILMU HUKUM : THE JURIS
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v4i2.113

Abstract

Indonesia is the largest archipelago in the world, which has various natural resources, especially in the marine and fisheries aspects. In the context of North Maluku which has such great potential and has an important meaning not only at the regional economic level but also at the national economy, it is necessary to have synergy between the Regional and Central Governments in planning and managing the various potentials that exist as a basic need. However, in practice the regional government experiences various problems, especially in the aspect of governance based on the archipelago in North Maluku. The results of this research indicate that there are regulations or various policies needed to answer these various problems, especially the utilization of various potentials for the prosperity and welfare, especially the people of North Maluku. Thus, strengthening governance is a must.
ANALISIS PERTANGGUNGJAWABAN SYAHBANDAR DALAM KESELAMATAN PELAYARAN DI TINJAU DARI UNDANG-UNDANG NO 17 TAHUN 2008 TENTANG PELAYARAN DI WILAYAH INDONESIA Yanti Kirana; Basyarudin
The Juris Vol 4 No 2 (2020): JURNAL ILMU HUKUM : THE JURIS
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v4i2.114

Abstract

Indonesia is the largest archipelagic country in the world which is located on the equator and is located between the continents of Asia and Australia and between the Pacific Ocean and Indian Ocean, therefore it is called the Archipelago In an archipelago, sea transportation should be excellent, because there are islands that can only be connected. by sea transportation. However, in practice in Indonesia, sea transportation has not been managed optimally. Various international provisions have been ratified and even the national provisions are complete, however the implementation of these provisions is still limited to business interests and ignores aspects of shipping security and safety. Before sailing, the harbormaster officer should check, not just receive a report, before giving a sailing lyric, the harbormaster has a very vital role in realizing safety during the voyage, so he must seriously carry out his duties. Human errors often occur due to weak law enforcement. Legal sanctions that are very strict but are not implemented consequently, in other words the sentences imposed do not cause a deterrent effect so that accidents at sea often occur. The research method used in this research is normative juridical research, because this research originates from positive law by looking at its relationship in the application in society, then the data obtained is analyzed qualitatively. Normative qualitative, namely data obtained after being systematically compiled and then analyzed qualitatively and normatively in the form of descriptions, so that conclusions can be drawn to achieve clarity regarding the problems to be examined in this journal.
PENANGANAN ANAK SEBAGAI PELAKU TINDAK PIDANA NARKOBA MELALUI DIVERSI DALAM SISTEM PERADILAN PIDANA ANAK Eka Dewi Kartika; Salma Laitupa
The Juris Vol 4 No 2 (2020): JURNAL ILMU HUKUM : THE JURIS
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v4i2.115

Abstract

Juvenile criminal justice is one of the main duties of a public justice institution in a country that examines and decides criminal cases of children, both as witnesses, victims and perpetrators are children who are faced with the law. the problem that is the reason why children behave in violation of criminal law and implement steps to prevent this behavior.
EFEKTIFITAS PENEGAKAN HUKUM TERHADAP TINDAK PIDANA KARANTINA OLEH PENYIDIK PEGAWAI NEGERI SIPIL Setyawan Pramularsih; Nam Rumkel; Irham Rosyidin
The Juris Vol 4 No 2 (2020): JURNAL ILMU HUKUM : THE JURIS
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v4i2.116

Abstract

In the community there are still many violations of the Fish and Plant Animal Quarantine Law. As a result of not meeting the requirements or procedures mentioned above, it will cause the entry of dangerous diseases in animals and plants, destroy the potential availability of animals and plants and cause disease outbreaks in Indonesia. It is even worse if the disease is zoonotic in nature, so it is disturbing for the community. One of the many cases of importation of agricultural commodities that do not meet the requirements and quarantine procedures is due to the ineffective function of Civil Servant Investigators in law enforcement in the Class II Ternate Agricultural Quarantine Center. The factors that cause law enforcement against quarantine crime in the Class II Ternate Agricultural Quarantine Center are less effective due to low public awareness and lack of coordination of related agencies. As for the less effective Law Enforcement Against Quarantine Crime, among others, is due to the lack of Apparatus Resources, namely the lack of Civil Servant Investigators at the Class II Ternate Agricultural Quarantine Center and the lack of operational budgets related to investigations.
PERSPEKTIF HUKUM LINGKUNGAN INTERNASIONAL LEMBAGA CTI Salma Laitupa; Eka Dewi Kartika
The Juris Vol 4 No 2 (2020): JURNAL ILMU HUKUM : THE JURIS
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v4i2.117

Abstract

Coral Triangle Initiative or CTI agreement in the form of a CTI Regional Plan of Action by 6 countries, namely Indonesia, Malaysia, Papua New Guinea, the Republic of the Philippines, Solomon Islands, and the Democratic Republic of Timor Leste in the form of the CTI Regional Plan of Action to increase protection of marine resources and beaches that are in the coral triangle area in the sea area of the CT6 country. The CTI Regional Plan of Action is an important matter in saving the diversity of the world's marine biodiversity, especially fish and coral reefs. The Coral Triangle (CT6) countries, namely Indonesia, Malaysia, Papua New Guinea, the Republic of the Philippines, Solomon Islands, and the Democratic Republic of Timor Leste, have agreed that the Regional Plan of Actions (RPOA) is a reference for implementing the Initiative in their respective countries. In particular, CT6 countries entered into agreements to achieve 5 (five) main objectives.
ANALISIS HUKUM PIDANA TERHADAP PENCURIAN ARUS LISTRIK DI KOTA TERNATE Muhammad Hi Jalal; Tri Syafari; Nam Rumkel
The Juris Vol 4 No 2 (2020): JURNAL ILMU HUKUM : THE JURIS
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v4i2.118

Abstract

Interpreting law enforcement as a process carried out in an effort to uphold or function real legal norms, which can serve as a guide in conducting relationships in the life of society and the state in various aspects. In Ternate City, current theft often occurs both on a large and small scale, it can be seen that since 2019, there have been two quite large cases of theft at PT Aneka Tambang and Bank Teras BRI Gamalama Terna, both cases can be categorized as acts theft is based on Law Number 30 of 2009 concerning Electricity, but there is no prosecution by PT Perusahan Listrik Negara or the legal investigation process carried out by the authorized party.
PENEGAKAN HUKUM YANG BERKEADILAN TERHADAP HUKUMAN TAMBAHAN KEBIRI KIMIA (STUDI KASUS PERKARA NOMOR 2627/PID.SUS/2019/PN SBY) Ferdinand Sujanto
The Juris Vol 4 No 2 (2020): JURNAL ILMU HUKUM : THE JURIS
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v4i2.120

Abstract

This research was conducted based on the objective of assessing the effectiveness of just law enforcement on the application of additional chemical castration penalties. The application of additional chemical castration punishment has been included in one of the cases, namely registered with case number 2627/Pid.Sus/2019/PN Sby. The research method used by the author is a normative juridical research. The research approach undertaken by the author is literature study, statutory study, and case study. In addition, this study uses various legal materials, namely primary legal materials consisting of copies of case decisions 2627/Pid.Sus/2019/PN Sby, secondary legal materials consisting of a collection of journals and books, as well as tertiary legal materials consisting of sources Internet. This study uses deductive analysis techniques as the main support. The findings in this study basically state that there was an error in the application of the law in the case 2627/Pid.Sus/2019/PN Sby which resulted in not achieving just law enforcement. So that the result of not achieving the essence of fair law enforcement makes the application of additional chemical castration punishment unable to answer the problem of sexual crimes against children which have a deterrent effect.

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