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<![CDATA[Law Enforcement Against Traffic Law Violations Committed by Students in Ternate City ]]>
<![CDATA[Fahria, Fahria]]>;
<![CDATA[Djafar, Muhammad Mufti M]]>;
<![CDATA[Muhdar, Gamar]]>;
<![CDATA[Budiono, Arief]]>
<![CDATA[ JUSTISI Vol. 10 No. 1 (2024): JUSTISI ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Sorong ]]>
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DOI: 10.33506/jurnaljustisi.v10i1.2796
<![CDATA[Traffic rules are created to guard the safety of everyone who travels on vehicles on the road every day. Rampantly occurring traffic violations that evoke concerns in society are traffic violations committed by students. This paper aims to analyze the factors that influence law enforcement against traffic law violations committed by students in the legal area of the Ternate City Police Resort Traffic Unit as well as the efforts carried out to prevent events of traffic law violations by students. This research used the empirical research design. It was an approach model in the form of an action to see the legal reality in society. In this research, the researchers collected the data using field research, literary study, and documentation methods. From these three types of data collection, the data obtained were divided into two, namely primary and secondary data. Research found that the factors which influence law enforcement against traffic law violations committed by students in the legal area of Ternate City Police Resort Traffic Unit are the family factor, the education factor, and the environmental factor. Legal efforts that may be applied to prevent the occurrence of traffic law violations committed by students in the legal area of Ternate City Police Resort Traffic Unit are: (1) Preventive efforts, by organizing socializations especially for parents to always supervise their children and prevent them from driving motorized vehicles as underage children are not eligible to obtain a driver’s license, as according to the law, a person must be at least 17 years old to obtain it and (2) Repressive efforts by giving a warning to students that violate the traffic laws. If perpetrators still commit violations after obtaining a warning, they will obtain a ticket]]>
<![CDATA[Enforcement of Criminal Penalties for Drug Abuse Committed by Police Officers ]]>
<![CDATA[Fajar, Alim]]>;
<![CDATA[Iftiati, Indah]]>;
<![CDATA[Soviana, Silvania]]>
<![CDATA[ JUSTISI Vol. 10 No. 2 (2024): JUSTISI ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Sorong ]]>
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DOI: 10.33506/js.v10i2.2812
<![CDATA[Policing is a government function responsible for maintaining public order and safety. As an institution, the police have the authority to enforce laws and provide guidance and services to the community. This study investigates the enforcement of criminal penalties for drug abuse committed by police officers. The research adopts a normative legal approach, anchoring itself in the legal framework outlined within Law Number 35 of 2009, specifically focusing on the realm of Narcotics. This research method employs a normative juridical approach, wherein the issues arising in the field are examined through legal materials discussing the abuse of narcotics. The study finds that judges impose criminal sanctions on police officers who abuse narcotics in the same way as civilians, as specified in Law Number 2 of 2002 concerning the Indonesian National Police Article 29 paragraph (1). This underscores the civilian status of police officers, making it clear that they fall outside the purview of military law.]]>
<![CDATA[Drug Therapy For Mental Disorders In Psychotropic Law And Islamic Legal Perspectives ]]>
<![CDATA[Rizka, Rizka]]>;
<![CDATA[Sari, Septiana Novita]]>;
<![CDATA[Nurhayati, Nunik]]>;
<![CDATA[Lyandovy, Vanka]]>
<![CDATA[ JUSTISI Vol. 10 No. 1 (2024): JUSTISI ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Sorong ]]>
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DOI: 10.33506/jurnaljustisi.v10i1.2819
<![CDATA[Problems with mental and physical health often occur together. Various conditions of a person’s mental health are referred to as mental illnesses, also known as mental health disorders. Mood, thingking, and behavior are usually affected by these disorders. Therapy has the potential to treat some mental illnesses. However, the are times when therapy alone is insufficient, thus requiring medical assistance. Psychotropic medications can be prescribed by doctors based on the patient’s mental state. This study used a normative strategy. Descriptive research is being conducted. According to the study's findings, patients may safely use psychiatric medications for medical purposes under the watchful eye of the Minister of Health so long as they follow their doctors' orders. In the event of psychotropic abuse will cause sanctions or penalties for psychotropic abusers specifically regulated in the Psychotropic Act, and for psychotropic addicts can undergo medical rehabilitation dan social rehabilitation in accordance with the Psychotropic Act No. 5 off 1997 the use of psychotropic drugs in the view Islamic law if halal goods do not exist or can not be found for use in health services, then it is permissible to use pychotropic drugs for health services Keywords: Drug Use; Pyscotropic Drug; Mental Disorders.]]>
<![CDATA[Harmonizing Law Enforcement Officials Against Child Victims of Narcotics Abuse ]]>
<![CDATA[Sibarani, Fauzi Anshari]]>;
<![CDATA[Asmadi, Erwin]]>
<![CDATA[ JUSTISI Vol. 10 No. 2 (2024): JUSTISI ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Sorong ]]>
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DOI: 10.33506/js.v10i2.2834
<![CDATA[Law No. 35/2009 on Narcotics explains that drug abuse is considered a crime without victims. In handling children who are involved in drug cases, the main principle that must be considered is the best interest of the child. This principle is contained in the Juvenile Justice System Law, which emphasizes that every decision must consider the welfare of the child's life and development. The legal protection of children caught up in drug abuse causes the boundaries between perpetrators and victims to become blurred, because according to the law, drug abuse is considered a criminal offense. Therefore, the legal establishment of both the Police, the Prosecutor's Office and the Judiciary needs harmonization so that the application to children who abuse drugs can be put forward, so that children can be given legal certainty in terms of justice. This study is to analyze the harmony of legal confirmation on children as victims of drug abuse. The method used is normative juridical research with a focus on literature study which uses secondary data. The conclusion of the research is that children as victims of narcotics abusers must be given sanctions in the form of rehabilitation, not imposed criminal sanctions because what children do is a crime but without causing victims (crime without victim), harmonization of law enforcement agencies (APH) in cases of children becoming victims of drug abusers must be aligned for the welfare of children.]]>
<![CDATA[Effectiveness of KPAI's Role in Legal Protection of Children as Victims of Bullying Crime ]]>
<![CDATA[Wibawa Putra, Made Fajar Ari]]>;
<![CDATA[Rusmini Gorda, A.A.A.Ngurah Tini]]>
<![CDATA[ JUSTISI Vol. 10 No. 2 (2024): JUSTISI ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Sorong ]]>
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DOI: 10.33506/js.v10i2.2837
<![CDATA[Bullying is frequently encountered, particularly within school environments. In response to this issue, The Indonesian Child Protection Commission (KPAI) was established to protect the interests of children and prevent violence against them. This study aims to examine the effectiveness of the Indonesian Child Protection Commission in safeguarding the rights of children who are victims of bullying crimes, and the legal protections provided for children as victims of such crimes. The empirical legal method was employed in this research, utilizing both primary and secondary data sources. Data collection techniques included interviews and literature studies, with qualitative descriptive data analysis. In the discussion of this research, the author utilizes the theories of legal effectiveness, legal protection, and the principle of lex specialis derogate legi generalis. The findings indicate that the Indonesian Child Protection Commission has effectively fulfilled its duties, as evidenced by a significant decrease in reported cases from 2021 to 2023. The role of the Indonesian Child Protection Commission, in collaboration with other institutions such as the Commission for the Protection of Children in the Region (KPPAD) and UPTD PPA, involves providing protection for children victimized by bullying through supervision, legal assistance, and psychological support.]]>
<![CDATA[Legal Analysis Regarding Donation Fraud Through Online Media ]]>
<![CDATA[Agustini, Shenti]]>;
<![CDATA[Situmeang, Ampuan]]>;
<![CDATA[Agustianto, Agustianto]]>
<![CDATA[ JUSTISI Vol. 10 No. 2 (2024): JUSTISI ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Sorong ]]>
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DOI: 10.33506/js.v10i2.2852
<![CDATA[Indonesia already has regulations in place to regulate digital fraud matter, but these regulations have not been able to accommodate current needs. The novelty in this research is that this research discusses current issues where fraud is carried out using sophisticated technology, namely through cyberspace, even fraud can also be carried out for the reason of a good cause, namely making a donation. The purpose of this study is first, to analyze the laws governing online donation fraud. Second, to identify cases or phenomena regarding fraud that occur online and resolve these cases. then through this research can produce a recommendation or legal solution will be found in overcoming the online fraud case. The method in this study is normative juridical which uses a statutory approach consisting of laws, namely Law Number 9 of 1961 concerning Collection of Money or Goods, Government Regulation Number 29 of 1980 concerning Implementation of Contribution Collection. Then the data collection technique is through literature studies and studies through fraud cases that have occurred. Based on the results of the research, it was found that online donation fraud cases are currently being tried using the criminal law code and the law on information and electronic transactions. However, the two regulations have different elements of fraud and sanctions. Even though Indonesia has a regulation that specifically regulates the collection of donations, however, these two regulations do not regulate the forms of donations that can be made online.]]>
<![CDATA[Pencegahan Kekerasan Dalam Rumah Tangga Berbasis Penegakan Hukum Dan Falsafah Budaya Jawa Mbangun Kromo Di Kulon Progo ]]>
<![CDATA[Acita, Fonni]]>;
<![CDATA[Ismail, Bayu]]>;
<![CDATA[Sukmaningsih, Juwita]]>;
<![CDATA[Alfatiha, Inaya]]>;
<![CDATA[Oktavian, Diky]]>;
<![CDATA[Khakim, Mufti]]>
<![CDATA[ JUSTISI Vol. 10 No. 1 (2024): JUSTISI ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Sorong ]]>
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DOI: 10.33506/js.v10i1.2879
<![CDATA[Domestic Violence (KDRT) is an iceberg phenomenon, where what is visible is less than what is not visible. One of the characteristics of domestic violence is domestic violence, this is what makes this act of violence so little can be revealed. This research aims to provide a solution in preventing criminal acts of domestic violence using a law enforcement approach, namely a Javanese cultural approach. The special relationship between the perpetrator and the victim is that they are part of the family and violence is often considered a family disgrace so that they cover each other up. The legal approach is less effective in preventing and overcoming it due to the lack of public awareness that domestic violence is a serious global crime. Therefore, a cultural approach needs to be pursued, namely the role of Javanese philosophy in the lives of Javanese people to prevent domestic violence. This type of research is empirical normative research using an ethnographic approach. Primary data with direct interviews with research subjects regarding Javanese philosophy. The results of this research are a description of the Javanese community in Triharjo Village in implementing the Javanese philosophy of Mbangun Kromo and the effectiveness of the Javanese Mbangun Kromo philosophy in preventing domestic violence. The conclusion from this research is that preventing domestic violence using a cultural approach is quite effective in preventing the occurrence of domestic violence. Keywords: Javanese philosophy; violence; household]]>
<![CDATA[Keabsahan Akta Notaris Melalui Tindakan Hostile Takeover Pada Perseroan Terbatas Terbuka ]]>
<![CDATA[Regina Adella Palmata Putri]]>;
<![CDATA[Nefi, Arman]]>
<![CDATA[ JUSTISI Vol. 10 No. 1 (2024): JUSTISI ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Sorong ]]>
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DOI: 10.33506/js.v10i1.2884
<![CDATA[This research aims to ascertain and analyze hostile takeover actions occurring in Listed Companies, as well as the validity of notarial deeds resulting from hostile takeover activities. The research method employed by the author is normative or doctrinal legal research, utilizing a legislative approach along with a conceptual approach. The research findings are as follows: (1) There are various methods employed by aggressors in conducting a Hostile Takeover when the target company is a Listed Companies, namely through Tender Offer, involving the presentation of a cash offer to shareholders, and the acquisition of shares by the aggressor at an elevated price, aligning with the tender price rather than the market price. Another method is Proxy Fight, entailing persuasive actions to replace members of the board of directors to facilitate the takeover plan. (2) Regarding the validity of Notarial Deeds executed as a consequence of Hostile Takeover activities, they remain legally binding as long as their validity can be substantiated externally, formally, and materially. However, such deeds can be annulled through legal proceedings, provided there is a party seeking the annulment, and valid grounds for such action exist. Keyword : Notarial Dees; Hostile Takeover; Listed Company.]]>
<![CDATA[Animals as Criminal Evidence in the Perspective of Criminal Procedure Law ]]>
<![CDATA[Lievia Wijaya, Yuan]]>;
<![CDATA[Zuhdi, Syaifuddin]]>
<![CDATA[ JUSTISI Vol. 10 No. 2 (2024): JUSTISI ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Sorong ]]>
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DOI: 10.33506/js.v10i2.2912
<![CDATA[This study aims to determine the conception of living things as evidence in a criminal offense based on existing legal regulations in Indonesia; the method used in this research is a normative method with a statutory approach, and the data used is secondary data, in the form of primary legal materials onsisting of Law Number 8 of 1981 concerning Criminal Procedure (KUHAP) and the Draft Criminal Procedure Code (RKUHAP). The results of this study found that living things can be used as evidence if they meet several leading indicators, one of which is that these living things must be directly related to a criminal case; the novelty of this research regards the wetting and comparison of animals as evidence from the perspective of the Criminal Procedure Code and Draft Criminal Procedure Code.]]>
<![CDATA[Right To Be Forgotten as an Effort to Suppress Recidivism Rate of Theft Crime ]]>
<![CDATA[Andhiya Moza Faris]]>;
<![CDATA[Dian Rachmat Gumelar]]>
<![CDATA[ JUSTISI Vol. 10 No. 2 (2024): JUSTISI ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Sorong ]]>
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DOI: 10.33506/js.v10i2.2932
<![CDATA[This research’s background is from the thievery recidivist cases that appear frequently. The recidivist case itself, as the general public has known for a long time, is caused by various factors, one of them being an economic factor. This differs from state officials’ corruption cases that did not have any correlation with the economic condition of the defendants. The aim of this research is to prove that the Right to Be Forgotten can be a solution for decreasing the number of thievery recidivist criminal acts in In the current digital era, there is a close connection with digital footprints, making job opportunities for theft ex-convicts limited. This aspect is then one of the main focuses of the study. This article uses the normative juridical as a research method by utilizing relevant literature from other journal articles, books, and related documents. The results of the research’s is that to support the new penal system where the rehabilitative and the humanism aspects are being highlighted, the act of “clearing name” for ex-convicts is needed to support them to have more job options after they get out of the prison other than owning a Small and Medium Enterprise (SMEs) with the skills they got when they were in the prison. The reason for that is with the development of technology, one of the indicators for hiring someone is to watch out for their record, both on the internet and social media.]]>
