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Iuris Studia: Jurnal Kajian Hukum
Published by Bunda Media Grup
ISSN : 27458369     EISSN : 27458369     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Iuris Studia: Jurnal Kajian Hukum published by BUNDA MEDIA GRUP which includes articles on the scientific research field of Law Sciences, includes the results of scientific research and reviews on selected disciplines within several branches of legal studies (sociology of law, history of law, comparative law, private law, criminal law, procedural law, economic and business law, constitutional law, administrative law, international law, etc). Iuris Studia: Jurnal Kajian Hukum published three times a year in February, June and October E-ISSN: 2745-8369
Arjuna Subject : Ilmu Sosial - Hukum
Articles 26 Documents
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Search results for , issue "Vol 2, No 2 (2021): Juni - September" : 26 Documents clear
Pemidanaan Terhadap Anak Sebagai Pelaku Dan Korban Dalam Tindak Pidana Pencabulan (Analisis Terhadap Putusan Hakim Nomor 8/Pid.Sus.Anak/2016/PN.Trt dan Nomor 9/Pid.Sus.Anak/2016/PN.Trt) Denny Reynold Octavianus; mahmud mulyadi; Marlina Marlina; Edy Ikhsan
Iuris Studia: Jurnal Kajian Hukum Vol 2, No 2 (2021): Juni - September
Publisher : Iuris Studia: Jurnal Kajian Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55357/is.v2i2.97

Abstract

The application of punishment to minors as perpetrators of criminal acts of obscenity in the judge's decision does not provide a sense of justice for minors and their families as victims of obscenity. This study discusses the sentencing of minors as perpetrators of criminal acts of obscenity in cases of obscenity against child victims who are both underage in Decision Number 8/Pid.Sus.Anak/2016/PN.Trt and Decision Number 9/Pid .Sus.Anak/2016/PN.Trt dated September 6, 2016. It was concluded that the imposition of punishment on child perpetrators for the obscenity case in the Tarutung District Court Decision did not fulfill the sense of justice in a balanced manner according to the principle of proportional equality (distributive justice). Considerations for treatment and rehabilitation, as well as utility are not balanced, only for child actors. Child perpetrators are subject to maatregel, but child victims are not recovered from their trauma. Fines, compensation of any kind are not imposed on child perpetrators or their families for the costs of recovery, treatment, rehabilitation of child victims. Alternative legal sanctions for the parents of the perpetrator's child should be subject to civil liability for compensation. In order to have a deterrent effect and special prevention for parents, be careful, alert and control their children from criminal acts, continuous supervision, provide them with formal and non-formal education, and so on. The right to compensation should also be handed down by the court judge to the perpetrator even though it was not requested in the public prosecutor's indictment
Penerapan Asas Proporsionalitas Dalam Penjatuhan Pidana Terhadap Pelaku Peredaran Narkotika (Analisis Putusan Nomor: 669/Pid.Sus/2018/PN.Btm) Hendi Setiawan; Syafruddin Kalo; M Ekaputra; Edi Yunara
Iuris Studia: Jurnal Kajian Hukum Vol 2, No 2 (2021): Juni - September
Publisher : Iuris Studia: Jurnal Kajian Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55357/is.v2i2.132

Abstract

Criminalism emphasizes preventive functions aimed at preventing the community from committing a crime. The idea of a criminal proportionality was more related to the objectives of criminal plots by the judge who was contained in his decision, as the defendant had to be sentenced to be convicted with his actions. One example of occurs in cases of perpetrators who circulated narcotics contained in Decision No. 669 / PID.SUS / 2018 / PN.BTM. Based on the background description, the problems studied, namely: how to arrange criminal plotting law against criminal acts, how the philosophy of criminal plotting against the perpetrators of criminal circulation of narcotics, and how to apply the principle of proportionality of criminal law in criminal aride against narcotics circulation perpetrators in the decision no . 669 / PID.SUS / 2018 / PN.BTM. The research method used in this study is a type of normative legal research, which is supported by primary and secondary data sources, and qualitative analysis is carried out. The results of the study, namely the regulation of criminal plotting law on the perpetrators of the crime in Article 54 of the Criminal Code Bill said that in the possession must be considered a form of error of the perpetrators, motives and the purpose of committing a criminal act, and / or the value of law and justice that lived in society. The philosophy of criminal plotting against the perpetrators of criminal circulation of narcotics as a judge in deciding a case must have consideration according to the principle of justice. Application of Proportional Propheorality of Criminal Law in Decision No. 669 / PID.SUS / 2018 / PN.BTM that it is still less proportional between criminalizations with the actions he has done, because the actions taken by the perpetrators are not due to the basis of intention and the intention arranged, but the act of the perpetrators only as people who happen to be invited without knowing what he will do
Penegakan Hukum Terhadap Pelaku Tindak Pidana Illegal Fishing Di Wilayah Kerja Kejaksaan Negeri Serdang Bedagai Fauzan Irgi Hasibuan
Iuris Studia: Jurnal Kajian Hukum Vol 2, No 2 (2021): Juni - September
Publisher : Iuris Studia: Jurnal Kajian Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55357/is.v2i2.105

Abstract

The sovereignty of a country in the sea is very dependent on the ability of the state to physically prevent the sea area it controls. The wider the sea area controlled by a country, the greater the responsibility of the state to oversee it. Indonesia has stated that it will assume responsibility for the prevention of this vast sea area, which has an area of 5.8 million square kilometers, of which 60% of the area is a marine area under the sovereignty of the Republic of Indonesia. Indonesian territorial waters, especially border areas, need to be managed properly for the utilization of natural resources in the vicinity so that they can be used for the welfare of the people. There are many problems faced by the Indonesian government in managing the territorial waters of the country, one of which is Illegal, Unreported, and Unregulated Fishing (IUU Fishing) or what we usually know as illegal fishing. Illegal fishing has caused multidimensional impacts related to economic, social, cultural and environmental aspects. This is a logical consequence of the function of the sea as an ecosystem in which it contains three basic functions, namely yield (production), environmental and social. This type of research is a normative juridical research. How are the legal provisions governing the criminal act of illegal fishing, how is the law enforcement process against illegal fishing, and what are the obstacles in the law enforcement process and what are the solutions or efforts that should be made so that the law enforcement process against illegal crimes fishing can be carried out properly. The legal provisions regarding the criminal act of illegal fishing are contained in Article 1 point 5 of Law Number 45 of 2009 concerning Amendments to Law Number 31 of 2004 concerning Fisheries, fishing is an activity that obtains fish in waters that are not in a state of being cultivated with tools or equipment. in any way, including activities that use ships to load, transport, store, cool, handle, process, and/or preserve them. Law enforcement is an effort made so that the law can function and run properly and is obeyed by everyone. Law enforcement in a narrow sense is carried out by the Police, Prosecutors, Courts and Correctional Institutions
Dampak Globalisasi Terhadap Eksistensi Pancasila Sebagai Staatsfundamentalnorm Bagi Bangsa Dan Negara Indonesia Dalam Pembentukan Hukum Nasional Ridho Ansari Simanjuntak; Faisal Akbar; Sunarmi Sunarmi; M Yamin Lubis
Iuris Studia: Jurnal Kajian Hukum Vol 2, No 2 (2021): Juni - September
Publisher : Iuris Studia: Jurnal Kajian Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55357/is.v2i2.122

Abstract

The influence of capitalism is characterized by the strong attraction of the free market and foreign investment. Facing this pressure, developing countries tend to be weak, even almost powerless. Pancasila as a philosophy in the life of the nation and state in Indonesia, is the ability of the values contained in Pancasila as a philosophy in facing every threat of globalization that affects all aspects of the life of the nation and state in Indonesia. Based on this, it is necessary to conduct research related to the impact of globalization on the existence of Pancasila as a staatsfundamental norm for the Indonesian nation and state in the formation of national law. The problem of this research is how is the influence of globalization in the economic field on the ideology adopted by a nation/state? How can Pancasila as a way of life for the Indonesian people become a filter from the influence of globalization in the economic field? How is Indonesian legal politics in maintaining the Pancasila legal system in the face of the influence of globalization in the economic field? The research method used in this research is normative legal research using a law approach, a conceptual approach and a case approach. The data sources of this research consist of primary data and secondary data. This research is descriptive analytical using qualitative data analysis. From the results of the study, it was found that globalization in the economic field has an impact on the ideology of the Indonesian nation and state, namely the inhibition of national economic development based on the concept of populist/kinship economy as stated in Article 33 of the 1945 Constitution of the Republic of Indonesia. Pancasila as a way of life for the Indonesian nation has not been able to become filter from the negative impacts arising from globalization in the economic field. Indonesian legal politics in maintaining the Pancasila legal system in facing the impact of globalization in the economic field requires the implementation of a people's economic system by providing people's economic protection.
Pertanggungjawaban Pidana Bagi Pelaku Tindak Pidana Pencurian Data Nasabah Perbankan Dengan Metode Skimming Di Tinjau Menurut Undang-Undang Informasi Dan Transaksi Elektronik Surya Ari Wibowo; Alvi Syahrin; Mahmud Mulyadi; sunarmi sunarmi
Iuris Studia: Jurnal Kajian Hukum Vol 2, No 2 (2021): Juni - September
Publisher : Iuris Studia: Jurnal Kajian Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55357/is.v2i2.100

Abstract

This research is focused on one of the cyber crime in the banking sector in the form of a criminal act of theft of bank customer data by skimming method in which skimming is an act of theft of debit or credit card information by accessing automated teller machines and copying information contained on the magnetic stripe of cards debit or credit owned by the customer (victim) illegally to have control over the customer's (victim) account. The problems raised in this study are how the perpetrators 'actions can be categorized as criminal acts of theft of bank customer data using the skimming method, and how criminal liability for the perpetrators of the theft of bank customers' data theft by the skimming method. To find answers to these problems, this study uses a type of normative legal research that is descriptive analytical, where normative legal research uses secondary data as the main data using data collection techniques carried out by library research, and data analysis uses qualitative data analysis methods. The offender's actions that can be categorized as a crime of theft of banking customer data using the skimming method, namely the perpetrator in the crime of theft of banking customer data using the skimming method using tools such as skimmers, keypads, surveillance cameras, and fake debit cards, then transferring customer data that has been stolen. the perpetrator's fake debit card and the perpetrator then uses a fake debit card that has been filled in with the customer's data and drains the customer's savings in the savings. Criminal liability for perpetrators of criminal acts of theft of banking customer data using the skimming method if viewed based on the Denpasar District Court Decision Number 262/Pid.Sus/2017/PN. Dps and Denpasar District Court Decision Number 573/Pid.Sus/2018/PN. Dps above, it can be concluded that before the defendant takes responsibility for the criminal act he committed, in addition to having to see and examine the evidence presented before the trial, it must also be seen that the defendant's ability to be responsible, the defendant's fault, and the absence of reasons. a criminal offense for an act committed by the defendant
Analisis Unsur Permulaan Pelaksanaan Dalam Tindak Pidana Makar Febby Farizky Siregar; Alvi Syahrin; M Ekaputra
Iuris Studia: Jurnal Kajian Hukum Vol 2, No 2 (2021): Juni - September
Publisher : Iuris Studia: Jurnal Kajian Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55357/is.v2i2.133

Abstract

As a condition for the crime of treason, the initial element of implementation is something that greatly influences whether or not a person can be charged with the crime of treason. A person can be said to have committed a crime of treason; it must first be proven regarding the intention of the perpetrator stated at the beginning of the implementation which is one of the elements of an attempt to commit a crime One example is the case of treason in Decision Number 1303/Pid.B/2019/PN.Jkt.Pst..Based on the background description, the problems studied are: How is the regulation of the crime of treason in Indonesia, how is the relationship between the beginning of the implementation and the crime of treason, how is the legal analysis of the crime of treason in Decision Number: 1303/PID.B/2019/PN. JKT.PST.The research method used in this research is normative legal research, which is supported by secondary data sources, and qualitative analysis is carried out.The result of the research is that the regulation of the crime of treason in Indonesia is regulated in several articles, including Article 104, Article 106 of the Criminal Code and Article 107 of the Criminal Code. The link between the initial element of implementation and the element of the criminal act of treason in essence has an interrelated relationship, as can be seen in Article 87 of the Criminal Code, so that the crime of treason can be said to have occurred, if the initial element in the form of the perpetrator's intention has been proven as the initial act in committing the crime. treason. Legal analysis is related to the decision of the Central Jakarta District Court Number 1303/Pid.B/2019/PN Jkt.Pst, the perpetrator's actions should not be subject to Article 106 of the Criminal Code Jo. Article 55 of the Criminal Code, but should be subject to Article 106 Jo. Article 87 of the Criminal Code concerning the act of treason is coupled with the attempted treason itself, so that it can be said that the fundamental error lies in the prosecutor's error in prosecuting the actions of the defendants, so the legal analysis states that the prosecutor's demands in this case are what make the application of the law imposed incompatible with panel of judges.
Penerapan Asas Menguntungkan Dalam Tindak Pidana Konservasi Sumber Daya Alam Hayati Dan Ekosistem (Studi Ketetapan Penghentian Penyidikan (SP-3) Nomor : S.Tap/27.B/X/Ditreskrimsus Polda Jambi tanggal 31 Oktober 2018) Fajar Rudi Manurung; Syafruddin Kalo; Edi Yunara; mahmud mulyadi
Iuris Studia: Jurnal Kajian Hukum Vol 2, No 2 (2021): Juni - September
Publisher : Iuris Studia: Jurnal Kajian Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55357/is.v2i2.108

Abstract

Indonesia is a state based on law, all aspects of life within the territory of the Unitary State of the Republic of Indonesia must be based on the law and all laws in force in the territory of the Unitary State of the Republic of Indonesia. In the process of law enforcement for the protection of protected animals, a provision is needed to regulate it beforehand, rather than the act occurring in accordance with the provisions of Article 1 Paragraph (1) of the Criminal Code, to expect legal certainty for the perpetrators of criminal acts, in particular criminal acts of conservation of living natural resources ecosystem. If in the process of law enforcement, there is a change in a criminal act that regulates sanctions against the criminal act, then the most beneficial law enforcement must be carried out for the perpetrator. So that law enforcers in the process of investigating and prosecuting criminal acts of conservation of living natural resources and ecosystems are expected to have a balance between the preservation of protected animals and the laws and regulations that are still in force prohibiting these acts
Penerapan Prinsip Keterbukaan Perusahaan Publik (Studi Mengenai Laporan Keuangan Ganda) Muhammad Aulia Rizki Agsa; Bismar Nasution; Sunarmi Sunarmi; Mahmul Siregar
Iuris Studia: Jurnal Kajian Hukum Vol 2, No 2 (2021): Juni - September
Publisher : Iuris Studia: Jurnal Kajian Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55357/is.v2i2.129

Abstract

In the capital market, a public capany which wants to do prime bidding. Should fulfill the requirements specified by OJK (Financial Service Authority). One of them is financial information transparency of a public company which intends to do Intial Public Offering (IPO) in the capital market. The research employs juridicial normative method and descriptive analytic approach. The data are gathered by conducting library research and analyzed qualitatively. The procedure of financial information transparency of a public company before IPO in BEI (Indonesia Stock Ex change) is that the financial statement done by issuer who will carry out IPO is audited by an authorized public accountant of cafital market which is in accordance with Law No. 8/1995, the Decree of the Minister of Finance No. 154/PMK. 01/2017, the Regulation of OJK No. 29/POJK. 04/2016 on Issuer’s annual statement or Public Company to the issuer (public company).
Analisis Yuridis Pertimbangan Hakim Mahkamah Agung Terhadap Pencabutan Pengaduan Yang Melewati Batas Waktu Dengan Menerapkan Pendekatan Restorative Justice (Analisis Yurisprudensi Mahkamah Agung No. 1600 K/Pid/2009 dan Putusan No. 2238 K/Pid.Sus/2013) Hidayat Bastanta Sitepu; Syafruddin Kalo; Edi Yunara; Marlina Marlina
Iuris Studia: Jurnal Kajian Hukum Vol 2, No 2 (2021): Juni - September
Publisher : Iuris Studia: Jurnal Kajian Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55357/is.v2i2.101

Abstract

The purpose of law in general to bring about or create harmony in society is clearly a noble goal as the implementation of the correctional system which is imbued with the spirit of protection which became the forerunner to the formation of a distinctive Indonesian strafrechtstheorien. We want a criminal theory that is built in addition to paying attention to developments in the international/global order, the growth of legislation (top down) but also maintaining legal values that live and are maintained in people's lives. Withdrawal of a complaint is a process in which one of the litigants wants to settle/resolve the problem in good faith because he feels that the case has been resolved by means of a family mechanism. This often happens, especially in cases of a complaint offense, the regulation on the revocation of complaints has been regulated in the provisions of Article 75 of the Criminal Code regarding the period of revocation of complaints within 3 months. In practice, there are several cases that have expired/expired in withdrawing a complaint, it is allowed to be revoked by the panel of judges. It is interesting why, because on the one hand, de jure revocation of complaints over time cannot be withdrawn and must be carried out by law, on the other hand the judge as a mouthpiece of justice overrides this provision with the consideration that "the balance is disturbed if peace and harmony are hindered by regulations". The approach method in this research is the statutory approach, the case approach, and the conceptual approach. By researching primary, secondary, and tertiary legal materials. the technique used is by means of library research. The results of the study explain that the regulation regarding the revocation of complaints that have expired has no provisions that regulate it, only limited to the revocation of complaints with a period of 3 months, namely in Article 75 of the Criminal Code. And the current legal developments, especially the judiciary, there are things that are becoming increasingly legal breakthroughs through the jurisprudence of the Supreme Court no. 1600 K/Pid/2009 which decides may withdraw the complaint even though the time has passed/expired. Of course, this must be considered in order to form rules that specifically regulate the expiration of a complaint revocation process
Fungsi Pengawasan Dewan Perwakilan Rakyat Daerah Dalam Tata Kelola Pemerintahan Daerah Yang Bersih Dan Bebas Korupsi (Studi Kasus Di DPRK Aceh Timur) Hamdani Hamdani; Faisal Akbar; Mirza Nasution; M Ekaputra
Iuris Studia: Jurnal Kajian Hukum Vol 2, No 2 (2021): Juni - September
Publisher : Iuris Studia: Jurnal Kajian Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55357/is.v2i2.134

Abstract

Supervision conducted by the Regional People's Representative Council, one of which is the performance carried out by the Regional Government Apparatus, namely by supervising the regional / regional expenditure budget that has been established and run by the regional government apparatus. As one of the areas studied is the East Aceh Regional Government in Aceh Province. Based on the description of the background above, the problem can be formulated in this study as follows: 1. How is the position of the Regional Representative Council in the structure of the East Aceh Regional Government? 2. How about the form of supervision in terms of preventing the deviation of the use of regional budgets carried out by the East Aceh Regional Government Apparatus? 3. How the effectiveness of supervision carried out by the East Aceh Regional Representative Council in regional government governance is clean and free of corruption? The research method used in this study is a type of normative legal research, which is supported by primary and secondary data sources, and analysis Qualitatively. The results of the research and discussion, namely the position of the Regional People's Representative Council in the structure of the East Aceh Regional Government is a representative institution in the regions, and at the same time as an element of organizers of the regional government. The form of supervision in terms of preventing irregularities in the use of regional budgets, namely by determining the targets and standards for supervision relating to concrete matters such as monitoring and observing the implementation of projects carried out in a budget year, and further responding to public complaints to the occurrence of irregularities The use of regional budgets. Supervision carried out by the East Aceh Regional Representative Council in regional government governance that is clean and free of corruption is still not effective due to time limitations and because in addition to overseeing activities in the field also serve the community..

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