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Rina Melati Sitompul
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Law_Jurnal
Published by Universitas Dharmawangsa
ISSN : 27463966     EISSN : 27464571     DOI : https://doi.org/10.46576/lj.v1i1
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
LAW_JURNAL adalah Jurnal Ilmiah bidang Hukum yang diterbitkan Fakultas Hukum Universitas Dharmawanga, yang diterbitkan dua kali setahun. Jurnal bermuatan hasil-hasil penelitian dan karya ilmiah terpilih meliputi berbagai cabang ilmu hukum (Sosiologi Hukum, Sejarah Hukum, Perbandingan Hukum, Konsep Hukum, dll) serta dalam Jurnal Hukum juga berisi tentang bidang kajian berkaitan dengan Hukum dalam arti luas.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 6 Documents
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Search results for , issue "Vol 4, No 1 (2023)" : 6 Documents clear
PERLINDUNGAN HUKUM TERHADAP ANAK PELAKU TINDAK PIDANA PENGANIAYAAN Lubis, Muhammad Ghalib Azmi
Law Jurnal Vol 4, No 1 (2023)
Publisher : Universitas Dharmawangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46576/lj.v4i1.3781

Abstract

Children are legal subjects and are responsible for compliance with the law. In the provisions of Law No. 23 of 2002, there are regulations to ensure efforts to protect children and their rights so that they can live, grow, develop, and participate optimally in a dignified manner and be protected from violence and discrimination. This research approach uses a statutory system combined with a case approach.In the results of the discussion, it was concluded that in the efforts to demand accountability carried out by teenagers for acts of violence as regulated in Article 170, paragraph 2, paragraph 1 of the Criminal Code, the complexity of the juvenile factor was finally included in the criminal act, and it was illustrated that the judge's consideration in handing down a sentence was based on the principle of legal certainty as the basis for handing down decisions, which focuses on Law Number 35 of 2014 concerning Amendments to the Child Protection Law Number 23 of 2002.
TINJAUAN YURIDIS MENGENAI REMISI BAGI NARAPIDANA TINDAK PIDANA KORUPSI YANG DITETAPKAN DALAM PERATURAN PEMERINTAH NOMOR 99 TAHUN 2012 (STUDI DI LEMBAGA PEMASYARAKATAN KELAS IA MEDAN) Berutu, Debby Pristy; Kalo, Syafruddin; Ablisar, Madiasa; Hamdan, M.
Law Jurnal Vol 4, No 1 (2023)
Publisher : Universitas Dharmawangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46576/lj.v4i1.4192

Abstract

Remission for prisoners is the right of inmates, which sometimes reaps the pros and cons when the award is assessed against perpetrators of corruption. In improving remission services, Government Regulation No. 99 of 2012 concerning the second amendment to Government Regulation No. 32 of 1999 concerning Conditions and Procedures for the Rights of Residents in Community Development is considered better than previous Government Regulations. The granting of remission to corrupt convicts must meet the requirements of being willing to cooperate with law enforcement in assisting law enforcement in criminal acts of corruption to achieve the legal goal of deterring the effect on criminals. This research is normative juridical legal research combined with empirical research, which means the problem analysis process has an approach to synchronising secondary legal materials and primary data obtained from the field. The results of the study concluded that convicts of criminal acts of corruption in Class I Prison in Medan, to fulfil the requirements for granting remissions, must meet the needs as per the special provisions of statutory regulations, one of which is to perform as a Justice Collaborator witness, which in cases of criminal corruption is quite challenging to fulfil.
ANALISIS YURIDIS KEWENANGAN PEMERIKSAAN KENDARAAN BERMOTOR DI JALAN OLEH PPNS DI BIDANG LALU LINTAS DAN ANGKUTAN JALAN Jaya, Herry Shan; Syahrin, Alvi; Yunara, Edi; Leviza, Jelly
Law Jurnal Vol 4, No 1 (2023)
Publisher : Universitas Dharmawangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46576/lj.v4i1.4193

Abstract

Crime is a common problem in society and can be committed by anyone, both the perpetrator and the victim. Criminal policy used in tackling crime in Indonesia consists of two methods, namely preventive and repressive. In its implementation, it involves crime prevention investigators, police investigators, and civil servants (PPNS). However, the problem is the overlap between police investigators and PPNS because both have different authorities in conducting investigations. One of the well-known PPNS in Indonesia is the Road Traffic and Transport PPNS. In handling traffic and transport criminal offences, the investigation is carried out by two investigation agencies in accordance with Article 259 paragraph 1 of Law 22/2009 on traffic and transport. In the implementation of crime policy, it is important to coordinate activities between police and PPNS investigators to avoid overlapping authority. The role of the community in preventing crime by reporting suspicious activities to the authorities is also very important. In this way, it is hoped that the public can prevent crime by reporting suspicious activities to the authorities.
TINJAUAN KRIMINOLOGI TINDAK PIDANA PEMALSUAN UANG (Studi Putusan Nomor 1266/PID.B/2023/PN.MDN) Lestari, Utami Ida; Sitompul, Rina Melati
Law Jurnal Vol 4, No 1 (2023)
Publisher : Universitas Dharmawangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46576/lj.v4i1.4194

Abstract

Money is central to society's economic life as a means of transactions and settlement of obligations. However, the negative impact of the increase in counterfeiting crimes is not only detrimental to individuals in society but can also disrupt the economic stability of a country. This research aims to identify the factors that influence the criminal act of circulating counterfeit money, understand the judge's considerations in making decisions regarding the case and analyze the illegal law policies implemented in prevention efforts. The research method used is a normative juridical approach with case studies. Number 1266/Pid.B/2023/PN.Mdn. The findings of this research indicate that the influencing factors involve economic aspects, technological environment, and education. The judge's consideration in the decision refers to juridical, philosophical and sociological aspects. The criminal law policies related to the circulation of counterfeit money include regulations in the Criminal Code and Law No. 7 of 2011. The hope is that these findings can provide a holistic view regarding preventing the circulation of counterfeit money and become an essential reference in the development of criminal law science.
TIKTOK SHOP VS E-COMMERCE VS NEGARA: MENCARI TITIK KESEIMBANGAN DALAM BINGKAI EKONOMI KONSTITUSIONAL Anuar, Yazrul; Hazmi, Raju Moh; Nazar, Jasman
Law Jurnal Vol 4, No 1 (2023)
Publisher : Universitas Dharmawangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46576/lj.v4i1.4124

Abstract

This article aims to understand the concept of e-commerce and find a balance point in the constitutional economic framework regarding the prohibition on social media, TikTok shops merging into e-commerce. This research uses a juridical-nornative approach and is designed to be descriptive. The research results show: The concept of e-commerce is basically a "container" for business people who sell and makes it easier for them to connect with consumers online and carry out their activities practically and efficiently. Transactional procession activities through the world of e-commerce involve two parties, namely business actors and consumers. Tiktok shop since this writing has not met the criteria for e-commerce as mandated by PP Number 80 of 2019. On this side, constitutional economic balance is needed to bridge interaction and connectivity between society, the state and the market. This means that the government must ensure healthy business competition and protection for society as a whole for the products offered specifically in e-commerce activities. considering that production from upstream to downstream is a long economic process. This is in line with the will of the Indonesian state as stated in the economic conception of the constitution in Article 33 of the 1945 Constitution of the Republic of Indonesia which is based on the principles of balance, justice and sustainability.
DISKRESI PENAHANAN TERSANGKA DALAM PROSES PERADILAN PIDANA BERDASARKAN ASAS KEADILAN Akbar, Achmad Asryel; Mardany, Alifian Fahdzan
Law Jurnal Vol 4, No 1 (2023)
Publisher : Universitas Dharmawangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46576/lj.v4i1.4191

Abstract

Detention of suspects is one of the instruments the criminal justice system uses to ensure the continuity of the legal process and maintain public order. In implementing the arrest of suspects, principles of justice are needed to ensure individual rights are protected. This legal research identifies the discretion of law enforcement officials in carrying out detentions and then analyzes aspects of justice. From the results of this research, it was concluded that detaining suspects involves complex elements of justice. The principles of justice, such as the presumption of innocence, proportionality, humanity and fair treatment, must be the basis for implementing the discretion to detain suspects. In this case, law enforcement must consider strong evidence and legitimate interests in detaining someone. Apart from that, it was revealed that there were challenges in implementing the discretion to detain suspects, including the tendency to abuse authority, inaccuracy in determining the period of detention, and low access to legal aid for less fortunate suspects. Based on these findings, this research recommends increasing the understanding and awareness of law enforcement officials regarding the importance of considering the principles of justice in implementing the discretion to detain suspects. As well as legal reform to strengthen the protection of suspects' rights, including stricter supervision of abuse of authority and increasing access to legal aid.

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