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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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PENEGAKAN HUKUM TINDAK PIDANA PERJUDIAN TEBAK ANGKA DI WILAYAH HUKUM POLRES INDRAGIRI HULU BERDASARKAN KITAB UNDANG-UNDANG HUKUM PIDANA Nainggolan, Awet Lestari; Harahap, Irawan; Kadaryanto, Bagio
The Juris Vol. 8 No. 2 (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.v8i2.1359

Abstract

Number guessing gambling in the jurisdiction of the Indragiri Hulu Police is a serious threat to public security and order. The social and economic impacts resulting from this gambling are disturbing the community and damaging family life. Reports from families and the community are important elements in taking action against gambling. The method used is sociological legal research. Based on the results of the study, it is known that law enforcement of the crime of number guessing gambling in the jurisdiction of the Indragiri Hulu Police based on the criminal code has not been running optimally, because there are still cases of number guessing gambling every year in the Indragiri Hulu Police. The police conducted raids and collected evidence supporting the crime of number guessing gambling. Obstacles in law enforcement of the crime of number guessing gambling in the jurisdiction of the Indragiri Hulu Police based on the criminal code are the lack of sufficient evidence due to the high level of confidentiality, limited resources available, and minimal reports from the public, because the public is often reluctant to report number guessing gambling for certain reasons, such as fear of revenge from the perpetrators or because they themselves are involved in the practice. Efforts to overcome obstacles in enforcing the criminal law on number guessing gambling in the jurisdiction of the Indragiri Hulu Police based on the criminal code are the use of more sophisticated technology and surveillance systems, the need to increase the capacity of law enforcement officers in terms of investigation and use of technology, law enforcement against perpetrators of number guessing gambling is carried out firmly and consistently without discrimination, and strengthening intelligence networks and closed investigations.
STRATEGI PERLINDUNGAN ANAK DAN PEREMPUAN DI PAPUA SELATAN: ANALISIS TANTANGAN DAN SOLUSI Sukirman, Sukirman; Tajuddin, Mulyadi Alrianto; Nurul Widhanita Y Badilla
The Juris Vol. 8 No. 2 (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.v8i2.1368

Abstract

This study aims to analyze protection strategies for children and women in South Papua using a qualitative approach through literature studies and in-depth interviews. Where the South Papua region, especially in Merauke Regency, faces significant challenges related to gender-based violence, limited access to education, and economic inequality. In the context of a strong patriarchal culture, women and children are often victims of domestic violence and underage marriage triggered by poverty, lack of education, and limited legal awareness. The results of this study found that the solutions that need to be implemented include strengthening special protection regulations, economic empowerment for women through entrepreneurship and community education campaigns to foster awareness of women's and children's rights. In addition, support and collaboration between the government, non-governmental organizations, and local communities are needed to overcome these challenges. The community approach is an important step in ensuring sustainable protection and creating a deep attitude towards gender-based violence and injustice faced by women and children in South Papua. This research is expected to contribute to providing policy recommendations that focus on empowerment, education and community-based approaches so as to improve the protection and quality of life of women and children in the South Papua region, especially in Merauke Regency.
PENEGAKAN HUKUM TERHADAP PENADAHAN BARANG HASIL CURIAN DI POLRES ROKAN HILIR BERDASARKAN KITAB UNDANG-UNDANG HUKUM PIDANA Siregar, Anta Arief; Kadaryanto, Bagio; Harahap, Irawan
The Juris Vol. 8 No. 2 (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.v8i2.1369

Abstract

Items such as electronics, motor vehicles, and other valuable goods are sold quickly, making stolen goods difficult to trace. This criminal network complicates law enforcement efforts. Law enforcement against theft and fencing must be carried out firmly to maintain order and a sense of security in society. Perpetrators of theft and fencing can both be subjected to criminal sanctions in accordance with the provisions of the Indonesian Penal Code (KUHP). The purpose of this study is to analyze law enforcement against fencing stolen goods in Rokan Hilir Police jurisdiction based on the Penal Code. The method used is sociological legal research. The results of the study reveal that law enforcement against fencing stolen goods in the Rokan Hilir Police jurisdiction, based on the Penal Code, has not been effectively implemented. This is evidenced by the increasing prevalence of fencing stolen goods, as referred to in Article 480 of the Penal Code. This article regulates the criminal act of fencing, where a person can be punished if they are proven to have knowingly received, purchased, or stored goods resulting from a criminal act such as theft. The obstacles in law enforcement against fencing stolen goods in the Rokan Hilir Police jurisdiction, based on the Penal Code, include the difficulty of proving the element of intent on the part of the fencing perpetrators, the low public awareness of reporting fencing activities or involvement in the trade of stolen goods, challenges in identifying fencing perpetrators, and limited resources and technology for tracking stolen goods transactions, which further hinder the law enforcement process. Efforts to overcome these obstacles include improving coordination among law enforcement agencies, strengthening the capacity of investigative personnel in understanding and applying the articles governing the crime of fencing, and adopting a more inclusive approach with the community.
SINERGI POLISI DAN MASYARAKAT DALAM MEMBANGUN KETAHANAN REMAJA TERHADAP NARKOBA DAN JUDI ONLINE Sigit, Andik Purnomo; Torrido, Aryan
The Juris Vol. 8 No. 2 (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.v8i2.1370

Abstract

This study aims to examine the importance of synergy between the police and the community in preventing drug abuse and online gambling in Indonesia. Drug abuse and online gambling are serious threats to public security and health, especially among adolescents. This study uses a qualitative approach with a normative juridical method, where data is collected through literature studies that include books, journals, and reports related to the prevention of drug abuse and online gambling. This research emphasizes the importance of collaboration between law enforcement and the community as both preventive and repressive efforts in addressing these issues. The results of the study show that the synergy between the police and the community can enhance the effectiveness of preventing and tackling drug abuse and online gambling. The police play a role in providing socialization, counseling, and taking firm actions against legal violations, while the community acts as the frontline in early detection and reporting of cases. Collaborative programs such as anti-drug campaigns, community forums, and reporting apps contribute significantly to reducing the rates of drug abuse and online gambling. This study also suggests that to improve the success of prevention and intervention efforts, there is a need for policies that strengthen cooperation between the police, community organizations, and the government, as well as the development of more inclusive rehabilitation systems. The implementation of this synergy is expected to create a safer environment free from the threats of drug abuse and online gambling, especially for the younger generation in Indonesia.
PENINGKATAN SUMBER DAYA MANUSIA POLRI SEBAGAI KUNCI KEBERHASILAN RESTORATIVE JUSTICE Ardiansyah, Deni; Noor, Marzuki
The Juris Vol. 8 No. 2 (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.v8i2.1371

Abstract

This study examines the application of the concept of restorative justice in the Indonesian criminal justice system, particularly in the context of the Draft Criminal Code (RUU KUHP). The purpose of this research is to analyze the challenges and potential of implementing the principles of restorative justice in the criminal law process in Indonesia, as well as to provide recommendations for its application. The method used is a descriptive qualitative approach combined with normative legal analysis, involving the analysis of legal documents and empirical data collection through interviews and documentation studies. The findings of the study indicate that although this concept holds great potential for creating more humane justice, its implementation is still hindered by public perception, lack of competency among law enforcement officers, and regulatory ambiguity. This study recommends enhancing the mediation competencies of law enforcement officers, as well as the need for clearer regulations regarding the application of restorative justice. Furthermore, public awareness and support are crucial for the successful implementation of this approach in resolving criminal cases.
POLRI SEBAGAI GARDA TERDEPAN DALAM PENEGAKAN HUKUM KORUPSI DIGITAL DI ERA TRANSFORMASI TEKNOLOGI Afriansyah, Donal; Torrido, Aryan
The Juris Vol. 8 No. 2 (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.v8i2.1372

Abstract

Law continues to develop along with advances in information technology, influencing communication patterns and various aspects of people's lives. Although technology offers many solutions, it also presents challenges, especially in eradicating corruption, which increasingly involves digital data. Cyber ​​security is very important in protecting data, especially those related to corruption crimes. In the digital era, corruption crimes are increasingly difficult to detect and uncover because perpetrators often use technology to evade law enforcement. Therefore, an effective approach is needed to ensure that perpetrators are arrested and prosecuted in accordance with applicable law. This research aims to analyze human resource management in the police environment as a strategy to overcome these challenges by improving human resource performance through a qualitative approach, where this type of research emphasizes processes and meanings that are not tested or measured precisely. This research uses a method where the materials studied in normative legal research are library materials or secondary data. Library materials consist of primary sources and secondary sources. Primary sources include: literature books, research reports, magazines, theses, dissertations, and patents. Meanwhile, secondary sources include: abstracts, indexes, bibliographies, government publications and other reference materials. with data in the form of descriptive data. To mitigate the negative impacts of digital technology, adequate awareness and understanding of the wise and safe use of technology is very important. Education and increasing awareness regarding the risks of digital technology is very important, both for individuals and society as a whole. The National Police of the Republic of Indonesia (Polri) has a major responsibility in enforcing the law against technology-related crimes, such as cybercrime, online fraud, dissemination of illegal content, and copyright violations. By strengthening existing regulations and increasing the capacity of the National Police in investigating and taking action Digital crime is expected to reduce corruption cases that utilize information and communication technology. Digital corruption is a big challenge in this digital era, which requires continuous efforts to deal with it.
OPTIMALISASI PENINGKATAN SUMBER DAYA MANUSIA PENEGAK HUKUM DALAM IMPLEMENTASI TILANG ELEKTRONIK Setiawan, Edi; Jauhari, Tontowi
The Juris Vol. 8 No. 2 (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.v8i2.1373

Abstract

The use of motorized vehicles in daily life can have a negative impact, namely traffic jams and accidents originating from traffic violations, thus requiring law enforcement efforts. This research aims to find out, analyze and criticize law enforcement regarding traffic violations. This research aims to explore the importance of improving human resources (HR) of the Indonesian National Police (Polri) in implementing electronic traffic fines as an effort to enforce the law against traffic violations. Traffic violations are a common problem in big cities, often caused by the increasing number of motorized vehicles. Electronic fine enforcement, or Electronic Traffic Law Enforcement (ETLE), utilizes technology such as CCTV cameras to detect violations and increase the transparency and efficiency of the legal process. This research uses an empirical juridical type, namely an approach that aims to examine the extent to which law is implemented and functions in society. which in this research is research that uses literature, which involves collecting data through book review literature, journals and official documents. The data collected aims to analyze the relevance of law enforcement theory and practice in the context of electronic fines. The research results show that electronic fines support more modern and efficient law enforcement while helping to improve road safety and order. However, the success of implementing ETLE is very dependent on the competence of Polri's human resources. Therefore, improving the quality and capacity of Polri's human resources is very important to ensure the sustainability of digital transformation in traffic law enforcement.
DAMPAK ADVISORY OPINION INTERNATIONAL COURT OF JUSTICE TERHADAP DINAMIKA KONFLIK BERSENJATA ISRAEL DAN PALESTINA Surachman, Vitriyah Arafah; Susanti, Rahtami
The Juris Vol. 8 No. 2 (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.v8i2.1396

Abstract

The reaserch aims to analyze the legal considerations and the impact of advisory opinions issued by the International Court of Justice (ICJ) on the dynamics of the armed conflict between Israel and Palestine. The background of the conflict stems from the history of illegal occupation and human rights violations by Israel against Palestine which attracted international attention. This research uses a normative legal approach with historical and case methods to examine the implementation of international law related to the research. The research specification uses descriptive analytical with data collection techniques used, namely the literature study method. The results of the analysis show that the ICJ Advisory opinion is normatively non-binding, but has a significant impact in three main aspects. The political aspect, strengthening the Palestinian position in international forums and increasing political pressure from countries to Israel. The moral aspect, strengthening international support for Palestine to encourage a two-state solution. The legal aspect, emphasizing Israel's violations of international law, including the right to self-determination and urging an immediate end to the occupation and illegal practices. The implementation of the Advisory opinion ICJ has major challenges, mainly due to Israeli resistance and the lack of effective enforcement mechanisms. The study underscores the importance of the ICJ's role in implementing a more effective rule of international law and the strategic steps needed to realize a two-state solution.
IMPLEMENTASI UPAYA HUKUM DALAM PENCEGAHAN KEKERASAN SEKSUAL PADA ANAK Stefani, Inggrid; PA, Barata Putra; Tualangi, Louis Hebron; Hafizhah, Annisa; Rohan, Rosmalinda
The Juris Vol. 8 No. 2 (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.v8i2.1399

Abstract

The purpose of this research is to find out what efforts are being made by the government to prevent sexual violence against children, understand the existence of legal protection and know what roles can be played by parents and the environment. This study uses normative legal research methods using legal, conceptual and analytical approaches. Documentary research techniques are used in legal material collection techniques, while qualitative analysis methods are used in research analysis methods. The results of this study indicate that the government's role in preventing sexual violence against children is by imposing strict sanctions and giving appropriate punishments, creating a fan base, conducting cyber patrols and combating pornographic content in cyberspace. Regarding the existence of legal protection carried out by the government, namely in law no. 23 In 2002, regarding child protection, the government took steps to implement the TPKS Law and Law no. 39/1999 on human rights. Sex education can be carried out in the role of parents and the environment, while other efforts are made by the Indonesian government, namely the Indonesian government in collaboration with the Ending Child Sexual Exploitation (ECPAT) program in decision-making and solving cases of commercial sexual exploitation of children (ESKA).
MEDIASI DALAM SENGKETA KETENAGAKERJAAN: STUDI KASUS PT. FREEPORT INDONESIA Okprianti, Reny; Emilson, Nur Husni; Purwasi, Oktariani; Widiyanti, Nabila Okta
The Juris Vol. 8 No. 2 (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.v8i2.1400

Abstract

Labor disputes at PT Freeport Indonesia have become a major problem for industrial relations in the mining sector, especially those related to termination of employment and demands for workers' rights. This study investigates how effective mediation is as an alternative dispute resolution (ALSR) at PT Freeport, Indonesia. According to Article 1 number 10 and Article 6 of Law Number 2 of 2004 concerning the Settlement of Industrial Relations Disputes, mediation is considered a fast and effective method of dispute resolution. This study uses a qualitative methodology, using case studies and data from trusted legal journals and official reports, and finds that mediation at PT Freeport has succeeded in protecting workers' rights while avoiding litigation processes that can worsen employment relations. This study supports mediation as an effective and fair way to resolve labor disputes in the mining sector.

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