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THE AUTHORITY OF POLICE INVESTIGATORS IN ERADICATION OF CRIMINAL ACTS OF CORRUPTION Cahyo Dati Widodo; Syafiuddin A rahim; Abdi Negara
Journal Philosophy of Law Vol 1, No 2 (2020)
Publisher : Universitas 17 Agustus 1945 Semarang

Law Number 19 of 2019 concerning the Law on Corruption Eradication Commission which is a renewal of Law Number 31 of 1999 as amended by Law Law No. 20 of 2001 concerning Eradication of Corruption, instead of Law number 3 of 1971. The enactment of this law is expected to accelerate the growth of people’s welfare, responding to the evil nature contained in corruption. The problem in this study is how is the authority of police investigators in eradicating criminal acts of corruption after the issuance of Law Number 19 of 2019 concerning Law on Corruption Eradication Commission and what obstacles faced by investigators related to the authority of police investigators in eradicating criminal acts of corruption after the issuance of Law on Corruption Law Number 19 of 2019 concerning Law on Corruption Eradication Commission. The method in this study uses descriptive qualitative research methods with a normative juridical approach. The results of this study are : (1) The authority of police investigators is to carry out investigations. Investigation activities are a follow-up to investigations that have found the construction of corruption crimes that have occurred to some extent. The law gives special rights or privileges to investigators to carry out investigative functions such as summoning, examining, arresting, detaining, confiscating, and determining suspects. (2) The obstacles faced concerning the authority of police investigators are a) The number of members of criminal investigators is limited. b) Information received regarding criminal acts of corruption is still unclear and in detail. c) Operating costs that have not been met. d) Lack of public legal awareness. The solution to the obstacles faced is by a) Gradually increasing the number of criminal investigators. b) Speed up all access to information related to criminal acts of corruption. c) The government needs to increase the operational cost budget item. d) It is necessary to hold outreach to the community either directly or through electronic media or social media.

THE AUTHORITY OF THE INDONESIAN NATIONAL POLICE IN HANDLING CRIMES OF FIDUCIARY SECURITY CONTROLLED BY THIRD PARTIES herawati kusumaningsih
Journal Philosophy of Law Vol 1, No 1 (2020)
Publisher : Universitas 17 Agustus 1945 Semarang

This article aims to discuss the authority of the Indonesian National Police in overcoming crimes of fiduciary security controlled by third parties as well as obstacles related to the authority of the Indonesian National Police in overcoming crimes of fiduciary security controlled by third parties. The writing of this article uses a normative juridical approach, which is based on primary and secondary data. Methods of data analysis using qualitative analysis. The research shows that the Authority of the Indonesian National Police in Handling Crimes of Fiduciary Acts controlled by third parties has the authority to maintain public security and order, law enforcement, protection, protection, and community services. They also play a role in providing security assistance implementation of court decisions or execution of fiduciary security. However, in practice, there are obstacles encountered. The obstacles include internal and external constraints also efforts to overcome the authority of the Indonesian National Police in overcoming fiduciary crimes: a. There is still a lack of facilities and infrastructure, as well as an operational budget. b. There are no criminal sanctions against third parties or other parties who control the object of the fiduciary security. c. If a creditor carries out the title of executorial or droit de suit, the debtor often does not fulfill it following Article 30 of Law Number 42 of 1999. Thus the execution process is often cancelled due to rejection from the debtor or mobilizing family or masses. d. Creditors feel aggrieved by incomplete fiduciary collateral as before.

THE URGENCY OF THE PRENUPTIAL AGREEMENT FOR HUSBAND AND WIFE IN INDONESIAN MARRIAGE LAW Deddy Gunawan
Journal Philosophy of Law Vol 2, No 1 (2021)
Publisher : Universitas 17 Agustus 1945 Semarang

This study aims to determine the prenuptial agreement on the separation of assets in marriage carried out by husband and wife in marriage law in Indonesia. Divorced married couples will fight over the separation of joint assets. This can be deviated by making a prenuptial agreement. The problems in this study are (1) How is the prenuptial agreement on the separation of assets in marriage? (2) What is the urgency of a prenuptial agreement for husband and wife in marriage law in Indonesia? This research is normative juridical, namely legal research using library materials by analyzing various provisions of the law or by using secondary data. The study results indicate that (1) a prenuptial agreement on the separation of assets in a marriage is carried out by both parties with mutual consent and can enter into a written agreement legalized by the marriage registrar. The agreement takes effect from the moment the marriage takes place. (2) The urgency of a prenuptial agreement for husband and wife in marriage law in Indonesia can be made before the marriage occurs. Since the decision of the Constitutional Court Number 69/PUU-XIII/2015, a marriage agreement can be made as long as it is within the marriage bond, as long as it does not violate applicable legal rules, religious rules, and moral norms. Husband and wife can express their will and agree on assets to carry out the pooling of assets and separation of assets.

CORPORATE COOPERATION WITH COOPERATIVES IN THE AGRIBUSINESS SECTOR: AN ANALYSIS OF FORMS AND PROTECTION OF STATE LAW siti mariyam
Journal Philosophy of Law Vol 2, No 2 (2021)
Publisher : Universitas 17 Agustus 1945 Semarang

This study aims to examine and analyze the form of cooperative relationships between companies and cooperatives that use the principle of partnership in agribusiness and how the legal protection of the state against cooperatives in cooperation with companies in the field of agribusiness. This study uses normative juridical research methods. Normative juridical research is research that utilizes secondary data and primary data as the main data. This study uses an empirical juridical approach and a statutory approach, which in the discussion of this study will use descriptive analysis to describe the findings in the field. The results of the study indicate that at this time, cooperation between companies and cooperatives that use the principle of partnership in the field of agribusiness can be carried out in aspects such as capital, technology, marketing, production facilities, production processes, product processing, and so on, while the form of state legal protection that the state must implement against cooperatives in cooperation with companies in the agribusiness sector is in the form of preventive legal protection from the government, namely in terms of price determination, such as determining interest on capital loans to determining market prices.

CORRUPTION IN INDONESIA (Factor Analysis and Efforts That Need To Be Done) La Ode Fiki
Journal Philosophy of Law Vol 2, No 2 (2021)
Publisher : Universitas 17 Agustus 1945 Semarang

Corruption is a crime that is categorized as an extraordinary crime because the impact of this crime will have an overall effect on people’s lives in a country. The corruption crime needs to be handled seriously by optimizing the penal system, increasing the punishment for the perpetrators of corruption. This article will discuss what factors lead to the emergence of criminal acts of corruption, secondly, how the efforts need to be made by law enforcement officers to overcome these problems. The study results show that criminal acts of corruption arise and are widespread due to several factors such as legal, political, economic factors, and so on, for this matter. It is necessary to take action from law enforcement in overcoming the problem by coordinating and punishing the perpetrators of corruption with the maximum punishment.

PROSTITUTION IN THE STUDY OF PHILOSOPHY, ETHICS, AND LAW IN INDONESIA krismono irwanto; Richard Kennedy Kennedy
Journal Philosophy of Law Vol 1, No 1 (2020)
Publisher : Universitas 17 Agustus 1945 Semarang

Prostitution is a crime that has been known since the beginning of human existence. Many laws have been created in such a way to control, reduce and even abolish this crime. However, because prostitution is a crime related to basic human instincts that come out of the value system, no law has been able to stop it from century to century. This prostitution even is incarnated in various new modes and forms. The problem then is why the law seems powerless in controlling, reducing, and even eliminating this crime. A logical explanation is needed to answer this question than just guessing the correlation between basic human instincts and the decline of moral values. The values that have been built since the law was formed are, in fact, unable to teach humans to live in that order. Studying law in an ontological and epistemological context is expected to find the form of its failure to control this crime. This study also examines and tries to see how values can be applied in human life and improve their quality. This study is expected to find concrete answers on how the law should be able to organize its rules so that it has sufficient coercive power to control any modes and forms that arise in the context of this prostitution. The approach used in reviewing the law is also expected to answer any difficulties that hinder its enforcement. Thus, the law becomes powerless to deal with such complex prostitution problems.

MATERNAL EMERGENCY: A STUDY OF HUMAN RIGHTS IN A NATIONAL LAW PERSPECTIVE Istirochah Istirochah
Journal Philosophy of Law Vol 1, No 2 (2020)
Publisher : Universitas 17 Agustus 1945 Semarang

A maternal emergency is a condition that threatens the life of pregnant women, both in the process of pregnancy, childbirth, and postpartum. Notes from the National Population and Family Planning Board (BKKBN) that in 2019 there were approximately 4,100 cases of maternal mortality, while in 2020, there were approximately 4,400 cases. These conditions must be minimized to guarantee human rights for mothers. Meanwhile, as a constitutional state characterized by the protection and recognition of human rights, Indonesia has special regulations regarding human rights in the form of Law Number 39 of 1999. Based on these facts, a problem is formulated: protecting human rights against maternal emergencies in Law Number 39 of 1999. The type of research used is normative juridical. The data used is secondary data. The data analysis used is qualitative. The results of the discussion of this article, namely, the protection of human rights against maternal emergencies, is defined as a protection of human rights for mothers who have the potential to experience death during pregnancy, childbirth, and postpartum. The protection is regulated in Article 4, 9 paragraph (1), 41 paragraph (2), and 49 paragraph (2) of Law Number 39 of 1999. In this case, the article is divided into two classifications. First, Article 4 and Article 9 paragraph (1) concerning the right to life. Second, Article 41 paragraph (2) and 49 paragraph (2) concerning women’s health rights.

BUILDING A POLICY FOR COMBATING CRIMINAL ACTS OF TERRORISM THROUGH THE DEATH PENALTY fajar purwawidada
Journal Philosophy of Law Vol 2, No 2 (2021)
Publisher : Universitas 17 Agustus 1945 Semarang

Terrorism is an extraordinary crime that can cause an atmosphere of terror, widespread fear, and mass casualties for the community. The government makes policies to counter terrorism through Law no. 15 of 2003 concerning the Eradication of Criminal Acts of Terrorism, amended by Law no. 5 of 2018. The law provides for the death penalty for perpetrators of terrorism crimes. Nevertheless, the reality is that acts of terror in Indonesia are still happening and are increasing. The problem raised in this study is how to reconstruct the policy of countering terrorism through the death penalty. This legal research is normative juridical research with an empirical juridical approach. The types of data used include primary data and secondary data. Data collection techniques using documentary studies as secondary data and supported by primary data using the interview method. The analysis used is qualitative normative data analysis. Based on this research, the results show that terrorism crimes are committed by groups that are generally political victims; injustice, inequality, poverty, discrimination. The goal is to fight a mighty force that is impossible to fight openly. Implementing the death penalty for terrorism crimes does not provide a deterrent effect for perpetrators of terror acts in Indonesia. This happens because the lack of understanding of the characteristics of terrorism crimes and harsh actions actually lead to new, greater violence. The solution to this problem is to change the legal approach towards a sociological, persuasive and deradicalization approach

THE PROOFING OF THE CRIME OF SPREADING HOAX NEWS IN THE INVESTIGATION STAGE dimas bagus lisdiyantoro; misbakhul munir; Dia Ayu Milatina
Journal Philosophy of Law Vol 1, No 2 (2020)
Publisher : Universitas 17 Agustus 1945 Semarang

To control the crime of spreading hoax news, the government has made and updated Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions in the Law. It will be enforced with Article 45 A paragraph (1). The formulation of the problem in this study is 1) How is the implementation of investigations against perpetrators of hoax news spreaders who cause trouble among the community 2) What are the obstacles for investigators in uncovering cases related to evidence of violations of the Electronic Information and Transactions (ITE) Law on hoax news? The research method used is juridical empirical. This approach means that the study of research data is guided by the law of proving the spread of hoax news. The results of this study concluded that 1) Implementation of investigations against perpetrators of hoax news spreaders who are perpetrators of criminal acts of information and electronic transactions that cause trouble in the community with evidence of hoax news spreading by tracing users of hoax news spreading accounts following Article 28 paragraph (1) of Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions. 2) Obstacles of investigators in uncovering cases related to evidence of a violation of the ITE Law on Hoax News a) Evidence of crime from computer equipment, mobile phones, and various electronic media that can access the internet can be easily destroyed or removed; b) The suspect gave convoluted information; c) Cases of violations of the ITE Law are carried out with groups or individuals whose average perpetrators are still young in their activities and sometimes have networks outside the city; d) In general, the perpetrators have many fictional accounts created regarding violations of the ITE Law; e) Inadequate facilities and infrastructure of officers in conducting investigations.

THE ROLE OF DITRESKRIMUM OF THE CENTRAL JAVA REGIONAL POLICE IN TACKLING HOARDING OF MASKS DURING THE COVID-19 PANDEMIC rizeth rizeth
Journal Philosophy of Law Vol 1, No 1 (2020)
Publisher : Universitas 17 Agustus 1945 Semarang

The public’s obligation to wear masks during the Covid-19 pandemic has caused the demand for masks in the market to increase. Some people use this to seek economic benefits by hoarding masks and reselling them at high prices, causing people to experience difficulties and panic in getting masks to protect themselves from exposure to the coronavirus. In this study, problems were formulated about how the roles and obstacles faced by Ditreskrimum at the Central Java Regional police were developed in overcoming the hoarding of masks during the Covid-19 pandemic. The approach method used is empirical juridical. The research specification is descriptive-analytical. The data used are secondary data and primary data as a complement, obtained from literature studies and interviews, then analyzed qualitatively. The theoretical foundations used are role theory, countermeasures theory, discretionary concept, hoarding theory, public welfare theory, and the Ditreskrimum role. The study results are that the Ditreskrimum acts as a law enforcement institution above the community and can create a conducive security and social order situation during the Covid-19 pandemic. There is no legal basis for investigators to ensnare hoarders who claim that masks are necessities or essential items that should not be stockpiled during the Covid-19 pandemic as a recommendation is that the government make new regulations in the form of laws, Presidential Regulations, and related Ministerial Regulations which contain the determination of the status of specific goods that are considered essential and needed by many people during an emergency to become necessities or essential goods to strengthen the law that previously existed so that the perpetrators of hoarding can be charged with criminal provisions.

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Contact Name
Dina Fadiah

Contact Email
dinafadiah17@gmail.com

Phone
+628989009417

Journal Mail Official
philosophyoflaw01@gmail.com

Editorial Address
Program Studi Hukum Program Doktor Universitas 17 Agustus 1945 Semarang Jl. Pemuda No. 70, Kelurahan Pandansari, Kecamatan Semarang Tengah, Kota Semarang, Jawa Tengah 50132 Telp. (024) 8640079

Location
Kota semarang,

Jawa tengah

INDONESIA

Abstract

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Abstract

Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Dina Fadiah

Contact Email dinafadiah17@gmail.com

Phone +628989009417

Journal Mail Official philosophyoflaw01@gmail.com

Editorial Address Program Studi Hukum Program Doktor Universitas 17 Agustus 1945 Semarang Jl. Pemuda No. 70, Kelurahan Pandansari, Kecamatan Semarang Tengah, Kota Semarang, Jawa Tengah 50132 Telp. (024) 8640079

Location Kota semarang, Jawa tengah INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Dina Fadiah

Contact Email
dinafadiah17@gmail.com

Phone
+628989009417

Journal Mail Official
philosophyoflaw01@gmail.com

Editorial Address
Program Studi Hukum Program Doktor Universitas 17 Agustus 1945 Semarang Jl. Pemuda No. 70, Kelurahan Pandansari, Kecamatan Semarang Tengah, Kota Semarang, Jawa Tengah 50132 Telp. (024) 8640079

Location
Kota semarang,

Jawa tengah

INDONESIA