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INDONESIA
JURNAL ILMIAH ADVOKASI
ISSN : 23377216     EISSN : 26206625     DOI : 10.36987/jiad
Core Subject : Social,
Jurnal Ilmiah ADVOKASI adalah jurnal yang dikelola oleh Fakultas Hukum Universitas Labuhanbatu, Sumatera Utara. Jurnal Ilmiah ADVOKASI menerima artikel ilmiah dari hasil penelitian, diterbitkan 2 nomor dalam satu volume setiap bulan pada bulan Maret dan September. Jurnal ini fokus mempublikasi hasil penelitian orisinal yang belum diterbitkan di manapun pada bidang Ilmu Hukum dan aplikasi ilmu Hukum dan Perundang-undangan.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 348 Documents
LAW ENFORCEMENT AGAINST CHILDREN AS VICTIMS OF SAME-SEX SEXUAL CRIMES IN PROGRESSIVE LEGAL PERSPECTIVE Evy Nurinayah; I Wayan Wahyu Anandita; Nyimas Maharani Putri Pertiwi; Berliana Hajariah Maryanti
Jurnal Ilmiah Advokasi Vol 11, No 2 (2023): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v11i2.3557

Abstract

ABSTRAKCitra anak yang telah ditempatkan sebagai obyek seksual, berimplikasi jauh pada kehidupan anak, sehingga dia terpaksa harus selalu menghadapi kekerasan, pemaksaan dan penyiksaan secara fisik serta psikis. Kejahatan terhadapa anak perlu mendapatkan perhatian serius mengingat akibat dari kekerasan seksual terhadap anak akan menyebabkan anak mengalami trauma yang berkepanjangan. Trauma dapat membahayakan bagi perkembangan jiwa anak sehingga anak tidak akan tumbuh dan berkembang dengan wajar. Akibat lebih jauh dari adanya trauma itu juga menyebabkan terhambatnya proses pembentukan bangsa yang sehat. Kenyaltalaln di dallalm malsyalralkalt malsih sering alnalk telalh menjaldi korbaln kejalhaltaln malupun kekeralsaln secalral fisik malupu mentall. Dallalm menaltal perlindungaln alnalk dalri alncalmaln kekeralsaln seksuall dibutuhkaln sualtu reformalsi penegalkaln hukum yalng dallalm ilmu viktimologi lebih berorientalsi kepaldal pihalk korbaln yalitu alnalk. Dihalralpkaln aldalnyal upalyal-upalyal pencegalhaln daln penalgalnaln kejalhaltaln seksuall paldal alnalk dengaln melalkukaln sinergitals alntalral kelualrgal, malsyalralkalt daln Negalral. Lallu paldal penegalkaln hukum di indoensial balhwal halrusnyal lebih melihalt kepentingaln dalri korbaln yalng tidalk seimbalng dengaln kepentingaln pelalku tindalk pidalnal dallalm taltalnaln sistem peraldilaln pidalnal yalng aldal dallalm KUHAlP. Oleh kalrenal itu dibutuhkaln sualtu perubalhaln algalr menyesualikaln dengaln kepentingaln korbaln daln alspek-alspek kaljialn viktimologi algalr dialkomodir dallalm prinsip pengalturalnnyal.Kata Kunci: Penegakan Hukum, Anak Korban, Kejahatan Seksual Sesama Jenis.ABSTRAKCitra anak yang telah ditempatkan sebagai obyek seksual, berimplikasi jauh pada kehidupan anak, sehingga dia terpaksa harus selalu menghadapi kekerasan, pemaksaan dan penyiksaan secara fisik serta psikis. Kejahatan terhadapa anak perlu mendapatkan perhatian serius mengingat akibat dari kekerasan seksual terhadap anak akan menyebabkan anak mengalami trauma yang berkepanjangan. Trauma dapat membahayakan bagi perkembangan jiwa anak sehingga anak tidak akan tumbuh dan berkembang dengan wajar. Akibat lebih jauh dari adanya trauma itu juga menyebabkan terhambatnya proses pembentukan bangsa yang sehat. Kenyaltalaln di dallalm malsyalralkalt malsih sering alnalk telalh menjaldi korbaln kejalhaltaln malupun kekeralsaln secalral fisik ma
REVIEW OF VICTIMOLOGY OF VICTIMS OF THEFT IN THE CRIMINAL JUSTICE SYSTEM Fauzi, Rhendy Ahmad
Jurnal Ilmiah Advokasi Vol 11, No 2 (2023): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v11i2.3356

Abstract

Victimology, from the word victim (victim) and logi (science), Latin victima (victim) and logos (science). In simple terms, victimology means the science of victims (crimes). According to the Crime Dictionary, which is quoted by an Abussalam expert, the victim is "a person who has suffered physical or mental suffering, lost between objects or resulted in death for acts or attempts of minor offenses committed by criminals and others". Here it is clear that "people who suffer physical suffering and so on" are victims of violations or criminal acts.In conducting research in order to be carried out optimally, the researchers used several methods, in this study using a normative juridical approach. Normative juridical, namely the study of legal principles, legal systematics, level of legal synchronization and legal comparisons. This normative juridical is an effort to inventory positive law. In this approach method examines legal issues based on normative rules whether in accordance with social life. To obtain the data and information referred to by this thesis, the author uses the nature of descriptive analysis research.The crime of theft is a criminal act, which greatly disturbs the comfort of the people. For that we need a consistent action that can enforce the law, so that harmony is established. As it is known that Law Number 8 of 1981 concerning the Criminal Procedure Code adheres to a criminal justice system that prioritizes the protection of human rights, but if the provisions regarding this matter are considered more deeply, it turns out that only the rights of the suspect/defendant are much highlighted while the rights of victims of theft. In line with this principle, the public, especially the mass media, focus more on the rights of the suspect/defendant rather than questioning the protection of victims of theft.Keywords: Victimology, Theft, Criminal Justice System
THE IMPLEMENTATION OF THE ZERO BURNING POLICY CONCEPT IN THE AGREEMENT OF TRANSBOUNDARY HAZE POLLUTION IN LAWS AND REGULATIONS IN INDONESIA IS ASSOCIATED WITH A RESTORATIVE APPROACH IN EFFORTS TO RECOVER THE ECONOMY Hanafi, Irfan; Ansari, Teuku Syahrul
Jurnal Ilmiah Advokasi Vol 11, No 2 (2023): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v11i2.3357

Abstract

This paper analyzes how the Indonesian government implements its laws and regulations related to the Zero Burning Policy concept that has been mandated by the ASEAN AGREEMENT ON TRANSBOUNDARY HAZE POLLUTION towards ASEAN member countries including Indonesia. The concept of the Zero Burning Policy mandated by the ASEAN AGREEMENT ON TRANSBOUNDARY HAZE POLLUTION requires all countries that ratify it not to clear land using the burning method where forest fires are very disruptive to the economy, both for the company's economic activities and for the community. This paper will explain more about how the laws and regulations in Indonesia accommodate the concept of Zero Burning Policy against the provisions of the legislation, whether it is in accordance with what is mandated or vice versa and what the concept of solving forest fire problems is for economic and environmental recovery.Keywords : Forest Fires, Zero Burning Policy, Economic Recovery.
THE JUDGE'S CONSIDERATIONS IN IMPROVING SENTENCE AGAINST THE DEFENDANT WHO COMMITTED A CRIME OF CORRUPTION IN THE VILLAGE BRAJA GEMILANG, EAST LAMPUNG DISTRICT (STUDY DECISION NUMBER 14/PID.SUS TPK/2022/PN TJK) Putri Pertiwi, Nyimas Maharani; Muhtadi, Muhtadi; Tisnanta, HS
Jurnal Ilmiah Advokasi Vol 11, No 2 (2023): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v11i2.3560

Abstract

Corruption often occurs in Indonesian society. In terms of the amount of state financial losses, the number of cases, the scope that has penetrated every aspect of society's life, and the aspect of criminal acts that are carried out more methodically, developments continue to increase from year to year. The increase in uncontrolled corruption cases has the potential to be a disaster for the state, nation as well as the economy.This journal research is based on two problems, namely how the defendant recovers state losses caused by corruption committed by the Village Head and also how the judge considers when handing down a decision against the defendant for a criminal act of corruption committed by the Head of Braja Gemilang Village, East Lampung Regency (Decision Study Number 14/Pid.Sus TPK/2022/PN Tjk). Based on data obtained from a news portal, Firli Bahuri as Chair of the Corruption Eradication Commission (KPK) said that from 2012 to 2021, as many as 686 village heads were involved in village fund corruption in 601 cases. The high number of corruption cases committed by village heads is considered urgent considering the large number of APBD funds that are not allocated properly. The purpose of conducting this research is so that readers know, understand and analyze how judges can impose sentences on village heads who commit criminal acts of corruption and also so that readers can find out how defendants of criminal acts of corruption recover state losses in criminal acts of corruption.Keywords: Corruption, Village Head, Judge's Consideration
CRIMINAL LAW ON UNDERAGE CHILDREN DOING NARCOTICS BUSINESS WITH EVIL CONSENT Pratama, Ardi Rian; Rusli, Tami; Ramadhan, Suta
Jurnal Ilmiah Advokasi Vol 11, No 2 (2023): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v11i2.4423

Abstract

The involvement of children in the criminal justice process has the potential to cause various complex negative impacts. The intervention of juvenile criminal law, especially in the abuse of narcotics by children, has led children to various physical and psychological suffering. The purpose of child protection according to law is to guarantee the fulfillment of children's rights so that they can live, grow and participate optimally in human dignity and dignity, and receive protection from violence and discrimination, for the realization of quality Indonesian children, with noble character and prosperity. In article 59 of the Child Protection Act, it is stated that special protection must be given to children who conflict with the law. Article 64 paragraphs I and 2 state that children who conflict with the law are children who are in conflict with the law and are victims of crime.Keywords: Minors, Narcotics Business, Evil Conspiracy
Liability of the Directors Cause Not Implementing the Principle of Prudence in Distributing Mudharabah Saragih, Rajaingat; Naldo, Rony Andre Christian
Jurnal Ilmiah Advokasi Vol 11, No 2 (2023): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v11i2.5042

Abstract

Directors is the organ that represents the sharia bank in carrying out sharia banking business activities, one of which is the distribution of mudharabah financing. Before distributing mudharabah financing to prospective customers who receive the facility, in accordance with the provisions of Article 2 and Article 29 verse (2) of Law Number 10 of 1998 jo. Article 2 and Article 35 verse (1) of Law Number 21 of 2008, Directors representing sharia banks, are obliged to apply the principle of prudence.This research discusses the obligation of Directors representing sharia bank to apply the principle of prudence before distributing mudharabah financing to prospective customers who receive the facility. In this regard, this research is focused on examining the liability of Directors cause not implementing the principle of prudence in distributing mudharabah financing to customers who receive facilities, which resulted in a decline in the health level of sharia bank.This research is prescriptive, using normative juridical methods, with using a statutory approach, and a conceptual approach. The type of data used is secondary data.The results of this research conclude that the liability of Directors for failure to apply the principle of prudence in distributing mudharabah financing to customers who receive facilities which results in a decline in the health level of sharia bank is that sanctions can be applied to Directors in the realm of Civil Law, the application of which does not reduce the application of sanctions in the realm of Penal Law.Key Words: Liability, Director, Prudence
INFRINGEMENT OF FAMOUS BRAND RIGHTS IN E-COMMERCE ON TOKOPEDIA Kristiani, Verlia; Gultom, Elfrida Ratnawati
Jurnal Ilmiah Advokasi Vol 11, No 2 (2023): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v11i2.4202

Abstract

Well-known brand rights abuses are a common problem in the business world. One form of improvement in business. Which is where the brand is. In addition, the brand provides a sign to distinguish the services and products that one company has toward other company products and to add to the value that company products have good qualities. However, the popularity of popular brands is often exploited by some businesses that sell their product by passing it off through a further electronic trading platform called e-commerce. Next up are several e-commerce platforms which are no shoppee, lazada, pedia. As for the positive laws governing the enforcement of intellectual property rights in the electronic trade as stated in the 2008 bill no. 11 on information and electronic transactions that were then amended into act no.19 in 2016. In practice one of Daniel wallington's handwritten brands was developed by several adpeds. Thus, the author has the research objective of knowing the application of the law to the perpetrator of the famous brand Daniel Wellington offense in e-commerce on the software platform. Then the study is done with a normative type of legal research with a descriptive approach. Describe something that happened and how it worked out.Keywords: Infringement, Marks, E-Commece
THE APPLICATION OF RESTORATIVE JUSTICE IN HANDLING DOMESTIC VIOLENCE CASES ACCORDING TO THE CRIMINAL JUSTICE SYSTEM Purba, Hendu Juartono; Koswara, Dr. Indra Yudha
Jurnal Ilmiah Advokasi Vol 11, No 2 (2023): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v11i2.3358

Abstract

Justice is very difficult to obtain for women, as evidenced by the rise of victims of domestic violence (domestic violence).  The issue of the importance of addressing domestic violence (domestic violence) in the midst of modern society is introduced with various points of view and interpretation of things that can help women to dare to get out of their domestic space. In principle, criminal law does not recognize the existence of a mechanism for resolving criminal acts outside the court, as well as civil law that recognizes the settlement of cases outside the court through mediation. Punishment using the approach of restorative justice (restorative justice) is intended to as much as possible restore the state of the victim of a crime before the event befalls the victim of a crime, not only thinking about how to impose punishment on the perpetrator, but emphasizing the recovery of the losses suffered by the victim and or the community as a result of the.The objectives of this study are : 1). To determine and analyze the effectiveness of the criminal justice system in resolving domestic violence crimes, it is examined from the perspective of restorative justice. 2). To determine and analyze the form of legal protection against domestic violence settlement in the perspective of restorative Justice for victims.In this study, the authors will analyze the application of restorative justice in the handling of domestic violence cases according to the criminal justice system by using the method of legislation approach, concept approach, and case approach by analyzing some of the decisions related to this study.The results of this study can be concluded that restorative justice is not a new mechanism in solving legal problems in a society that is still thick with the customary law system. Cases that can be resolved with this mechanism are cases in the family such as domestic violence (domestic violence). The domestic violence case is a complex case because it involves a husband and wife who are legally bound in a marriage institution, who both work to build a household. Thus, this mechanism is well suited to avoid a breakdown in the family that can continue with a divorce.Keywords : Restorative Justice, Domestic Violence, Criminal Justice System
IMPACT OF HOUSEHOLD WASTE DISPOSAL (Case study of Rawa Mas Indah Housing) Suphyan, Magly; Ansari, Teuku Syahrul
Jurnal Ilmiah Advokasi Vol 11, No 2 (2023): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v11i2.3359

Abstract

Household waste or commonly referred to as garbage is waste generated from activities carried out daily in household life that do not include feces and specific waste. environmental regulations, regulations governing the environment, especially the management of household waste/waste, have been regulated by government regulation No. 81 of 2021 concerning the management of household waste and household-like waste, there are obstacles faced in waste management due to the low level of concern for waste from the household itself, the lack of garbage disposal sites, and less strict law enforcement against violators.Keywords: Household Waste, Pollution, Environment
SELECTIVE IMMIGRATION POLICY IN MAINTAINING STATE SECURITY AND IMPROVING THE WELFARE OF THE NATION Gunawan, Firman; Pramudya, Kevin; Hermawan, M. Ridwan Ari
Jurnal Ilmiah Advokasi Vol 11, No 2 (2023): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v11i2.5093

Abstract

This writing aims to look at the role of selective immigration policies in Indonesia in order to maintain state security and improve the nation's welfare. The implementation of selective policy in Indonesia is the most important thing that cannot be ignored, the principle of selective policy looks at security and welfare approaches. Two of the functions of immigration are state security and facilitator of community welfare development. Currently, indicators of state security and the economy of a nation have become important aspects of the state. Considering that currently the movement of people between countries is becoming easier and global economic development is becoming more widespread, there will be an impact on these two factors. Selective immigration policy is a form of legal product from immigration related to regulating the entry of foreigners into Indonesia with an approach to the principle of benefits for the nation and state. This research method uses normative legal research methods with a descriptive qualitative approach.Keywords: Selective Policy, State Security, WelfareÂ