Garuda - Garba Rujukan Digital

Article Per Year (5 Year)

All

JURNAL HUKUM MEDIA JUSTITIA NUSANTARA

MJN
Website

Published by Universitas Islam Nusantara

ISSN : 20858884 EISSN : 28295889 DOI : https//doi.org/10.30999

Core Subject : Social,

Law, Crime, Criminology & Criminal Justice

Media Justitia Nusantara (MJN) is a journal that intends to publish most quality research papers in the fields of law or criminology and social justice studies. The journal is keen to present relative overview of law, system-wide trends and problems on law, crime and justice throughout the world. Journal provides a medium for social scientists to report research findings with respect to crime and justice through innovative and advanced methodologies. The Journal encourages in submission of articles, research notes, and commentaries and also invites papers based on empirical research, theoretical analysis and debate, and policy analysis and critique that centre on crime and broadly defined justice-related topics in an international perspective.

Arjuna Subject : Ilmu Sosial - Hukum

Articles 6 Documents

Search results for , issue "Vol 8, No 1 (2018): Februari 2018" : 6 Documents clear

Eksistensi Pidana Mati Dalam Persfektif KUHP (Studi Kasus Pembunuhan Berencana Disertai Mutilasi Korban Berdasarkan Putusan Mahkamah Agung No. 25 PK/PID/2012) Priyono Priyono
Jurnal Media Justitia Nusantara Vol 8, No 1 (2018): Februari 2018
Publisher : Program Studi Magister Ilmu Hukum Universitas Islam Nusantara

Serious crimes and capital punishment in the history of criminal law are two components of closely related issues. This is apparent in the Indonesian Criminal Code which threatens serious crimes with capital punishment. Implementation of capital punishment reap the pros and cons this is motivated by various reasons. Plot murder accompanied by mutilation is a motive for murder committed sadistic and cruel, the motive is done to eliminate traces of deeds that have been done. Planning murder coupled with mutilation as an aggravating factor may be subject to a death sentence, this is because in murder it is not a qualified offense as the basis of ballast. The problem identification in the writing of this thesis involves: how is the existence of capital punishment for the crime of premeditated murder and how the criminal law enforcement related to capital punishment to murder murder is accompanied by mutilation as a burden. The research method used in this compiler is by using the normative juridical method while the specification of writing in this thesis is descriptive analysis, the research stage in this study is primary data obtained from field research and secondary data in the form of primary legal materials, secondary law materials and tertiary legal materials. Based on the description and analysis of the problem it is known that the existence or existence of capital punishment for the crime of premeditated murder is still maintained and valid until now in Indonesia, as it has been in accordance with the provisions of Article 340 of the Criminal Code. The existence of capital punishment as one of the criminal types that is still recognized in the Criminal Law System in Indonesia, is often associated with absolute theory in criminal prosecution. Criminal acts committed by perpetrators are considered very evil, because it interferes with public security, threatens the safety of the people, and is seen as an extraordinary crime (extra ordinary crime). In relation to the crime of premeditated murder as mentioned in Article 581 of the Criminal Code Bill, it also includes a capital punishment, but it can be threatened alternatively with other criminal types, such as life imprisonment or imprisonment of a minimum of five years and a maximum of 20 years. In this case, the draft of the Criminal Code does not specify mutilations specifically as a criminal offense, but if viewed from the provisions of Article 55 paragraph (1) of the Criminal Code Bill, then mutilation may constitute a motive and purpose of committing a crime (letter b); how to commit a crime; as well as the attitude and actions of the producers after committing a crime. As for the suggestion to be conveyed is the government must still maintain the threat of capital punishment by making the rules clearly and firmly against the perpetrators of criminal acts of premeditated murder. The need of the Indonesian Criminal Code is urgent, the government is reasonable, to immediately enact it, so that the provisions contained in Article 55 of the Criminal Code Draft can be used as a guideline for the judge in the imposition of criminal verdict against murder murder with mutilation as incriminating, law, namely the creation of legal certainty, legal benefit, and legal justice.

Konsep Pembentukan Badan Peradilan Khusus Penyelesaian Perselisihan Hasil Pemilihan Kepala Daerah (PILKADA) Dihubungkan Dengan Kewenangan Transisi Mahkamah Konstitusi Menurut Undang-Undang Nomor 10 Tahun 2016 Tentang Pemilihan Gubernur, Bupati, dan Walikota Hendri Darma Putra
Jurnal Media Justitia Nusantara Vol 8, No 1 (2018): Februari 2018
Publisher : Program Studi Magister Ilmu Hukum Universitas Islam Nusantara

In accordance with Article 157 paragraph (3) of Law Number 10 Year 2016 About the Second Amendment to Law Number 1 Year 2015 On Government Regulation Stipulation in Lieu of Law Number 1 Year 2014 on the Governors Election, Regents and Mayors into Law, Disputes over the final election result shall be examined and tried by the Constitutional Court until the a special judicial body established. The time limit for the special judicial body formation is prior to the national elections implementation, if interpreted systematically with reference to Article 201 paragraph (9) of Law No. 10 of 2016, the implementation will be held in 2024. But it is possible that before the deadline the special judicial body to handle local election matters has been established, so that the transitional authority of the Constitutional Court shall be delegated to the real authority holder.This study aims to find answers to how the Constitutional Court authority during the transitional settlement of dispute over election results of regional heads; and to find alternatives to establishment concept of the Special Judicial Body for Dispute over the Regional Head Elections Results. With the achievement of the objectives of this study is expected to contribute or contribute to the development of legal science in general, Constitutional Law in particular; and can be useful other than as material information, literature, and for the development of legal science concerning dispute over disputes election results of regional heads. The method used in this research is a normative juridical approach that is an approach in legal research using secondary data as the main source. The data analysis used is normative qualitative, which aims to have existing data and then analyzed qualitatively based on existing laws and regulations as a positive legal norm so as not to use numbers and mathematical and statistical formulas. The results of data analysis are presented in the form of description. Concerning the position of the Constitutional Court in exercising its authority in deciding different electoral disputes with previous elections. If in judicial review, the Constitutional Court is 'above' the law, then the Constitutional Court's position in handling the election dispute is under the law and only in the position of executor. As the implementer of the Constitutional Court law must obey and follow the law, so that the authority is not exceeded. The Constitutional Court will provide a model for handling disputes over the results of this election at a special judicial body later. While the concept of a special judicial body dispute election results is a. The institutional model is a special election adhoc court, within the administrative court of the State; b. Scope: only administrative authority related to election result disputes; c. Decentralistic Nature; d. Number of Judges 5 persons, by filling 2 PTUN career judges, 3 adhoc judges; e. Pilkada implementation system: National Serentak starting in 2024; f. Application of Procedural Law The special session of election result disputes is regulated in a separate regulation by adapting the concept of procedural law prescribed by the Constitutional Court at this time, with some confirmation and adaptation of the Constitutional Court.

Perlindungan Hukum Bagi Penyidik Polri Dalam Melaksanakan Tugas dan Fungsinya Guna Terwujud Tegaknya Hukum dan Ketertiban Dalam Perspektif Hak Azasi Manusia Wahyu Daeni
Jurnal Media Justitia Nusantara Vol 8, No 1 (2018): Februari 2018
Publisher : Program Studi Magister Ilmu Hukum Universitas Islam Nusantara

The Police of the Republic of Indonesia (POLRI) in relation to the Government is one of the functions of state government in the field of maintaining security and public order, law enforcement, protection, advisory and service to the community, which aims to make it happen, internal security covering the maintenance of security and public order, order and law enforcement, the implementation of protection, guidance and service to the community, and the establishment of society by upholding human rights (HAM). The police are in charge to protect the human rights of civilians. but the public often ignorant that the police, both as personal persons and profesional individual, also have human rights that must be preserved. The underlying factor behind the human right abandonment is a police assumption as a creature that transcends humanity. It make the police impossible to fall as a victim, The omnipotent (power full) state positions them as the only one who is always blamed when there is a friction between the police and the public. The purpose of this research is to find a legal protection system for the investigators who become victims while carrying out their duties from a human rights perspective and find the system of duties and functions of police investigators independently and professionally to realize law enforcement and order. This type of research is normative legal research or library research methods, namely the methods used in legal research conducted by examining existing library materials. Juridical research or normative legal research (doctrinal), is a study that examines legal issues in depth against established legal norms. The research specifications used are descriptive analytical which describes various applicable laws and regulations related to legal theories and the practice of implementing positive laws related to the problems under study. This study uses a normative juridical approach, namely research that is guided by legal norms stated in the legislation. The study was conducted on laws and regulations and legal principles which are secondary data. Based on library research, data analysis and research results, it shows that until now there is still a violation of human rights personnel, both internal and external, It make the police demoralized, then manifested into the form of unbending behavior worth it. Tragically, the most vulnerable target of demoralization is precisely the party that the police should protect, that is the community. The shape starts from poor service to the criminality that preys on society. The independence of the National Police as a tool of the state, still influenced by executive power and other extra judicial powers, as well as in law enforcement is still largely determined by intra-judicial power. Police professionalism is directed through a multi-dimensional approach to improving the quality of Polri personnel by emphasizing well motivation; well education; well salary; well trained; well equipments; supervisory function; and moral commitment.

Konsep Hak Cipta Sebagai Jaminan Fidusia Menurut Undang-Undang Nomor 28 Tahun 2014 Tentang Hak Cipta dan Undang-Undang Nomor 42 Tahun 1999 Tentang Jaminan Fidusia Dalam Rangka Mewujudkan Kepastian Hukum Taryan Setiawan
Jurnal Media Justitia Nusantara Vol 8, No 1 (2018): Februari 2018
Publisher : Program Studi Magister Ilmu Hukum Universitas Islam Nusantara

The development of copyright contained in Law No. 28 of 2014 concerning Copyright provides legal protection for the creation of copyrighted works. In addition, the Copyright Law has a provision that copyright can also be used as an object of fiduciary guarantee. This shows that copyright is currently very useful for holders of copyrighted works because their creation can be used as collateral to get debt in a fiduciary manner. The practice of Law No. 42 of 1999 concerning Fiduciary which is a legal umbrella for parties in carrying out fiduciary practices has not fully accommodated the implementation of copyright as a fiduciary guarantee, therefore it is necessary to do research on how the concept of copyright regulation can create legal certainty ? and how can the concept of copyright execution as the object of fiduciary collateral in implementing the law on fiduciary be able to bring about legal certainty? The research carried out was descriptive, namely describing the symptoms in the community towards a case to be studied, the approach taken was a qualitative approach which was the method of research that produced descriptive data. The types and sources of legal material in this study use the Civil Code, Trade Criminal Code, Law Number 28 of 2014 concerning Copyright and Law Number 42 of 1999 concerning Fiduciary Guarantees, Bank Indonesia Regulation Number 9/6 / PBI / 2007 as legal material primary, expert theories as secondary legal material. This legal research uses data collection techniques by studying documents or library materials from both print and electronic media (internet). The data obtained will be analyzed descriptively. The results of the study found that some of the reasons for this were the lack of socialization regarding the provisions so that copyright holders did not know it, the reluctance of banks or other guarantee institutions to accept copyright as an object of fiduciary guarantee because the implementation rules of the provision were unclear, and the existence provisions in Bank Indonesia Regulation (PBI) Number 9/6 / PBI / 2007 which regulate limitatively about movable objects which can be used as fiduciary guarantees while copyrights are not listed as one of them, so banks are hesitant to accept copyright as fiduciary guarantee, while banks or other guarantee institutions certainly hold the principle of prudence in providing credit loans.

Tinjauan Yuridis Perusahaan Induk Perbankan (Bank Holding Company) & Fungsi Holding Terhadap Kemandirian Yuridis Anak Perusahaan Perbankan Pada Perbankan Nasional (Studi Penerapan POJK 39/POJK.03/2017 Tentang Kepemilikan Tunggal) Fontian Munzil
Jurnal Media Justitia Nusantara Vol 8, No 1 (2018): Februari 2018
Publisher : Program Studi Magister Ilmu Hukum Universitas Islam Nusantara

The national economic system is the financial system and all financial service activities that carry out the intermediary function for various productive activities in the national economy. The financial service sector supervision agency (OJK) is an independent institution in safeguarding national interests including regulating ownership in the financial services sector. A strong banking structure can be achieved by structuring the bank's ownership structure through a single ownership policy by consolidating and increasing the effectiveness of Bank supervision in a consolidated manner. One of the adjustments to the Bank's shareholding structure can be done by establishing a Banking Holding Company or holding function. This study aims to examine, first, what is the juridical review of the banking holding company and holding function of banking subsidiaries in national banking? Second, how far is the juridical independence of a banking subsidiary to a banking holding company?. The research used is a normative juridical method for secondary data, namely primary, secondary and tertiary legal materials. The library research stage is the activity of collecting primary legal material data in the scope, economics and finance of the banking holding company related to the juridical independence of banking subsidiaries. Research specifications are descriptive analysis to strengthen old theories or in order to construct new theories. All data obtained will be analyzed qualitatively juridically and presented systematically and scientifically in analytical descriptive. The study found that, the first bank holding company and the holding function have a very broad legal standing for the banking subsidiaries in the national banking sector in accordance with the POJK SPP which directly controls the business activities of the Bank's subsidiaries, second, Bank's subsidiaries have limitations to maintain juridical independence as a legal entity in the banking business within the control structure under the bank holding company or holding function.

Perlindungan Hukum Terhadap Tindak Pidana Anak Sebagai Pelaku Kasus Pelanggaran Lalu Lintas Dihubungkan Dengan Undang-Undang No. 35 Tahun 2014 Tentang Perlindungan Anak Usep Lala Sopandi
Jurnal Media Justitia Nusantara Vol 8, No 1 (2018): Februari 2018
Publisher : Program Studi Magister Ilmu Hukum Universitas Islam Nusantara

Transportation in Indonesia is experiencing a very rapid development in the city or in the village. This development not only gives a positive impact but the negative impact of one of the many cases of traffic violations. The author identifies the issues to be studied as follows: What is the protection of children in the criminal justice system in Indonesia and how the implementation of legal protection against criminal offenses as perpetrators of cases of traffic violations is related to Law no. 35 Year 2014 on Child Protection? Approach method used is juridical-normative approach, that is through literature study. The data are analyzed qualitatively-normatively. The results showed that in January to May 2017, students were included in the first order of most perpetrators of traffic violation cases. In conclusion, the crime against children committing traffic violations based on Law No. 35 years 2014 About Child Protection, for sanctions can Subject to criminal sanctions and action sanctions. Its application should be distinguished by sanctions against adults.

Page 1 of 1 | Total Record : 6

Filter by Year

2018 2018

Filter By Issues

All Issue Vol 15 No 2 (2025): September 2025 Vol 15 No 1 (2025): Februari 2025 Vol 14 No 2 (2024): September 2024 Vol 14 No 1 (2024): Februari 2024 Vol 13 No 2 (2023): September 2023 Vol 13 No 1 (2023): Februari 2023 Vol 13, No 1 (2023): FEBRUARI 2023 Vol 12, No 2 (2022): September 2022 Vol 12 No 2 (2022): September 2022 Vol 12, No 1 (2022): Februari 2022 Vol 11, No 2 (2021): September 2021 Vol 11, No 1 (2021): Februari 2021 Vol 10, No 2 (2020): September 2020 Vol 10, No 1 (2020): Februari 2020 Vol 9, No 2 (2019): September 2019 Vol 9, No 1 (2019): Februari 2019 Vol 8, No 2 (2018): September 2018 Vol 8, No 1 (2018): Februari 2018 Vol 7, No 2 (2017): September 2017 Vol 7, No 1 (2017): Februari 2017 Vol 6, No 1 (2016): Februari 2016 Vol 4, No 2 (2015): September 2015 Vol 4, No 1 (2015): Februari 2015 Vol 2, No 1 (2012): Februari 2012 Vol 1, No 2 (2011): September 2011 Vol 1, No 1 (2011): Februari 2011 More Issue

Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name
Sukendar

Contact Email
spsilmuhukum@uninus.ac.id

Phone
+628122416324

Journal Mail Official
sukendarsps@uninus.ac.id

Editorial Address
Jl. Soekarno - Hatta No. 530, Bandung

Location
Kota bandung,

Jawa barat

INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Sukendar

Contact Email spsilmuhukum@uninus.ac.id

Phone +628122416324

Journal Mail Official sukendarsps@uninus.ac.id

Editorial Address Jl. Soekarno - Hatta No. 530, Bandung

Location Kota bandung, Jawa barat INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Sukendar

Contact Email
spsilmuhukum@uninus.ac.id

Phone
+628122416324

Journal Mail Official
sukendarsps@uninus.ac.id

Editorial Address
Jl. Soekarno - Hatta No. 530, Bandung

Location
Kota bandung,

Jawa barat

INDONESIA