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Jurnal Ilmu Hukum The Juris
Published by Sekolah Tinggi Ilmu Hukum Awang Long Samarinda
ISSN : 25800299     EISSN : 25808370     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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 514 Documents
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PERTIMBANGAN HAKIM DALAM MENJATUHKAN PUTUSAN PIDANA TERHADAP PELAKU PENCURIAN YANG MENDERITA KLEPTOMANIA Septiadi Widagdo, Andreas; Muh Haryanto
The Juris Vol. 8 No. 1 (2024): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v8i1.1161

Abstract

This research aims to analyze the judge's considerations regarding criminal acts of theft committed by kleptomania sufferers. This research also aims to examine the application of material criminal law by judges in handing down decisions and sentences against perpetrators of theft who suffer from kleptomania in Decision Number 32/Pid.B/2018/PN Kpg. This research uses a normative method with a statutory approach and a case approach. Primary and secondary legal materials are used as legal sources. The data collection technique was carried out by collecting data from various literature sources relevant to the research. The legal issue in this research is the existence of legal uncertainty in the application of Article 44 of the Criminal Code relating to perpetrators of criminal acts of theft who suffer from kleptomania, as in the case of Decision No32/Pid.B/2018 /PN Kpg above, it was explained that the defendant Maudy Susana Tefnai had a habit of stealing (Kleptomania), for which the defendant Maudy had to undergo criminal probation for 1 year. This is contrary to the Reason for Forgiveness, which states that whoever commits an act that cannot be accounted for because his or her intellectual powers (zijner verstandelijke vermogens) are disabled in growth or impaired due to disease, is not punished. From the trial process in this case, the responsibility of criminals suffering from kleptomania can be analyzed based on monistic and dualistic currents.
IMPLEMENTASI RESTORATIVE JUSTICE TINDAK PIDANA RINGAN SEBAGAI SOLUSI MENGURANGI OVERCROWDING LEMBAGA PEMASYARAKATAN DI JAWA TENGAH Febriansyah, Yoga; Utomo, Eko Fitra; Frans, Mardian Putra
The Juris Vol. 8 No. 1 (2024): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v8i1.1163

Abstract

This research aims to find out and analyze whether the application of restorative justice in relation to criminal acts of theft in society has been able to effectively reduce overcrowding in Central Java? The fact in correctional institutions is that there is overcrowding or it could be said that there are too many prisoners occupying one cell in a correctional institution. Problems like this can cause discomfort in correctional institutions for prisoners which can affect the mental and physical health of prisoners who live in cells that do not match capacity. which is there to be inhabited or what is known as overcrowding, then one way to reduce overcrowding is with restorative justice, namely so that minor crimes such as theft and others can be resolved amicably and not escalated in order to reduce the accumulation of prisoners which causes overcrowding in correctional institutions in the region. Central Java, By using empirical legal methodology, it is hoped that this research can find out whether the application of restorative justice in society for minor crimes can reduce overcrowding in correctional institutions in Central Java.
PENGGUNAAN TEKNIK DIVERSI DALAM PROSES PERADILAN PIDANA ANAK Warumboy, Charolin Khristy; Mardian Putra Frans
The Juris Vol. 8 No. 1 (2024): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v8i1.1172

Abstract

This research aims to annotate the application of diversion in Decision Number 7/Pid/ Sus.Anak/2019/PN Jap. In this decision, the child was sentenced to imprisonment for 4 (four) months, while the Public Prosecutor (JPU) as law enforcer was obliged to carry out diversion. "How diversion efforts should have been carried out but the facts of the decision did not appear." So it is necessary to carry out legal research as to why the decision did not use diversion first. The enactment of Law No. 11 of 2012 concerning the Juvenile Criminal Justice System (SPPA Law) marks a significant step towards providing special protection for children in conflict with the law. In this research, the focus lies on children in conflict with the law. The primary aim of this law is to enhance the regulation of the juvenile criminal justice system, ensuring better treatment and outcomes for children involved in legal conflicts. Legal protection for children is needed so that children receive attention from errors in the application of statutory regulations, which cause physical, mental and social harm. The aim of this research is to discover, describe (describe), and analyze the application of the diversion method in resolving criminal cases by children studying decision number 7/pid/sus.anak/2019/pn jap.
KEABSAHAN KONTRAK YANG MENGGUNAKAN BAHASA ASING Tunggono, Michael; Dwiyatmi , Sri Harini
The Juris Vol. 8 No. 1 (2024): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v8i1.1178

Abstract

Making an agreement basically contains rules to regulate an agreement that is valid and can be implemented so that it is not null and void by law. Decision Number 35/PDT.G/2010/Pn.Pra is a case of an agreement that occurred in only one (1) language, namely English. In this decision the judge gave the consideration that an agreement made only in English was a valid agreement because there was an agreement that the agreement was made only in English. In this research the author discusses the judge's considerations and the validity of contracts that only use one language, namely a foreign language. The judge's considerations in this decision were wrong because they did not refer to the legal terms of an agreement and violated Article 31 of Law Number 24 of 2009 which requires agreements to be made in Indonesian.
PENEGAKAN HUKUM TERHADAP KASUS KORUPSI PT. TIMAH SEBAGAI BENTUK POTRET BURUK TATA KELOLA SEKTOR EKSTRAKTIF Heni Marlina; Aprita, Serlika
The Juris Vol. 8 No. 1 (2024): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v8i1.1182

Abstract

Corruption is one of the social diseases that is the same as other types of crimes such as theft. The problem is that corruption is increasing along with the progress of prosperity and technology. As happened in the case of the tin corruption crime committed by Harvey Mois, where the nominal state loss was also not small, estimated at IDR 271 trillion. This research method uses a normative legal research type, a legal research method carried out by examining library materials or secondary data. This case is suspected to have occurred in the period 2015-2020. Harvey Mois has an important role in this case, namely as an intermediary for other perpetrators. In this case, he became a representative of PT Refined Bangka Tin (RBT) in a case with PT Timah regarding illegal mining activities in the IUP Persero area. The articles charged to the suspect are Article 2 paragraph (1) and Article 3 in conjunction with Article 18 of Law of the Republic of Indonesia Number 31 of 1999 as amended and supplemented by Law Number 20 of 2001 in conjunction with Law of the Republic of Indonesia Number 31 of 1999 concerning Amendments to Law of the Republic of Indonesia Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption in conjunction with Article 55 paragraph (1) ke-1 of the Criminal Code. The 'mass' corruption case resulted in environmental losses of up to Rp 271,069,688,018,700 or Rp 271 trillion, and a total of 16 suspects have been detained by the Attorney General's Office.
RELEVANSI KEPENTINGAN ALAT-ALAT BUKTI DALAM PROSES PENYELESAIAN HUKUM PERDATA Laily Az Zahra, Khansa; Mufid Al Amjad, Moh Fadwa; Nabya Maulidian, Syafa; Silvia, Septiani; Azfa Asyifa, Fadilla
The Juris Vol. 8 No. 1 (2024): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v8i1.1185

Abstract

This paper discusses the important role of evidence in the civil law evidentiary process. Evidence allows parties to prove or disprove their claims in court. In this process, evidentiary tools such as written evidence, testimonies, depositions, admissions, and oaths become a solid foundation to build a legal case and help the court make a fair decision. The concept and classification of evidence, as well as their strength and hierarchy, become important factors in determining the success of a case in court. The method used is research that belongs to the type of analytical research. In the process, we analyze the relevance of evidence in the context of the case under study. In civil law settlements, the relevance of evidence is an essential aspect. Evidence plays a crucial role in ensuring justice and legal certainty. The classification of evidence, such as primary, secondary, and physical evidence, is important in assessing its probative force. Various theories of evidence, ranging from those that are bound by law to those that give judges freedom, offer diverse approaches in assessing evidence. Although they vary, the ultimate goal is to reach a fair verdict based on the available facts. By understanding and applying the concepts, strengths, hierarchies, and theories of evidence appropriately, the civil law settlement process can be carried out effectively, ensuring that the resulting decision is fair and in accordance with applicable legal principles.
PENERAPAN ASAS FUNGSI SOSIAL HAK ATAS TANAH DALAM PUTUSAN NOMOR 28/G/PU/2019/PTUN.PBR Amasta, Andrea Winda; Paulus, Rekky Sean
The Juris Vol. 8 No. 1 (2024): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v8i1.1187

Abstract

This paper will discuss the Application of Land Social Function in Law Number 2/2012 on Land Acquisition for Public Interest. To find a solution to this problem, document and literature searches are required in this research. The results show that the regulation of land acquisition norms in Article 5 of Law Number 2/2012 on Land Acquisition for Public Interest has applied the principle of social function of land, because land acquisition carried out by the government as stipulated in Article 5 is an act for the construction of public facilities that can be used by the entire community. The application of Article 5 of Law Number 2/2012 often triggers problems, especially if the land taken over for development is productive land used by the community as a source of their livelihood and will result in the loss of people's livelihoods. As a result, it is very natural that some people refuse and do not want to release their land even though they have been promised a compensation value. Therefore, more knowledge and understanding of the social function of land is needed as an effort to realise justice and welfare, especially for those who are given their land without ignoring aspects of legal certainty as a characteristic of the rule of law.
ANGKA KECELAKAAN KERJA NAIK PENINGKATAN DALAM 8 TAHUN TERAKHIR : PENGIMPLEMENTASIAN PROGRAM ZERO ACCIDENT AWARD Agris Bagus Puta Pratama; Galang Satrio Nugroho; Mardian Putra Frans
The Juris Vol. 8 No. 1 (2024): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v8i1.1198

Abstract

This research discusses important aspects in achieving complete mobility in a company, with a focus on labor aspects and Occupational Health and Safety (K3). Even though the company received the "Zero Accident Award" from the Ministry of Manpower for its success in achieving zero work accidents, the increase in the number of accidents in recent years shows the lack of success of this program. This research uses a qualitative approach with normative juridical analysis to identify gaps between regulations for implementing the Zero Accident Award program and field practice. The research results show the need for continuous improvement in risk management and work accident prevention in companies.
PERTANGGUNGJAWABAN PIDANA BAGI PENGIDAP NECROPHILIA DALAM TINDAK PIDANA PEMERKOSAAN MAYAT Siahaan, Vania Romasta; Gita Rismawati; Mardian Putra Frans
The Juris Vol. 8 No. 1 (2024): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v8i1.1225

Abstract

This research examines necrophilia as a sexual orientation deviation that has not been regulated in the National Criminal Code. The National Criminal Code Article 271 focuses on corpses, digging up or dismantling graves, taking, moving or transporting corpses and treating corpses in an uncivilized manner while the rape of corpses is not regulated in the National Criminal Code. Thus, there is a legal vacuum. This is a new problem because the status of necrophilia is mentioned as a form of disease so how is the form of responsibility. The purpose of this study is to find out how the regulation and form of criminal liability for perpetrators who have necrophilia in the crime of corpse rape. The research method used in this writing is juridical-normative legal research, using a statutory approach in order to discuss legal issues in this research. The results of this study found that criminal liability for people with necrophilia in the crime of corpse rape is basically not clearly regulated in the new Criminal Code. From the perspective of criminal acts, it is regulated in Article 271 of Law Number 1 Year 2023 (National Criminal Code) and from the perspective of the crime of rape, it is formulated in Article 415 of the National Criminal Code. While the crime against the corpse itself is regulated in Article 415 of the National Criminal Code and Article 271 of the new Criminal Code, Article 269 of the National Criminal Code and Article 270 of the National Criminal Code.
KEPASTIAN HUKUM ATAS BUKTI ROYA YANG HILANG Gella, Jusuf Kenny Nathanael
The Juris Vol. 8 No. 1 (2024): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v8i1.1227

Abstract

This research aims to find out how to resolve lost evidence. Roya Mortgage itself is an administrative requirement and does not have any significant influence on the law. The formulation of the problem in this research is how to resolve the missing evidence that requires determination based on philosophical, juridical and sociological aspects? The research method used is normative legal research combined with a statutory approach and a conceptual approach. The research results show that a court decision is the only way to resolve the matter as regulated in the Mortgage Law, article 22 paragraph 5, as well as the judge's intervention in determining the application in order to obtain legal certainty.

Page 28 of 52 | Total Record : 514

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