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JUSTICIA SAINS: Jurnal Ilmu Hukum
Published by Universitas Sang Bumi Ruwa Jurai
ISSN : 25274201     EISSN : 25021788     DOI : https://doi.org/10.24967/jcs
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
JUSTICIA SAINS: Jurnal Ilmu Hukum [E-ISSN: 2502-1788; P-ISSN: 2527-4201] is the Journal of Legal Studies published by the Faculty of Law of Universitas Sang Bumi Ruwa Jurai, Lampung, Indonesia. Its main aim to disseminate critical and original analysis from researchers and academic practitioners on various contemporary legal issues both local and foreign. The manuscript is published after undergoing a peer-review process by providing an exclusive analysis on law issues from various perspectives. This journal published biannually (June and November). The scopes of Justicia Sains Novelty are: Constitutional Law, Criminal Law, Civil Law, Islamic Law, Environmental Law, Human Rights, International Law, and also interconnection study with Legal Studies in accordance with the principle of novelty.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 269 Documents
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Implementasi Tugas Dan Fungsi Komisi Pemberantasan Korupsi Sebagai Independent Agencies Dalam Sistem Ketatanegaraan Di Indonesia Virna Dewi; Sri Yuliana
JUSTICIA SAINS - Jurnal Ilmu Hukum Vol 8, No 1 (2023): JUSTICIA SAINS: Jurnal Ilmu Hukum
Publisher : Universitas Sang Bumi Ruwa Jurai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24967/jcs.v8i1.2378

Abstract

The 1945 Constitution of the Republic of Indonesia (1945 Constitution of the Republic of Indonesia) confirms that Indonesia is a constitutional state. Therefore, the administration of the state in Indonesia must uphold the values of Pancasila and the 1945 Constitution of the Republic of Indonesia, and guarantee that all citizens, together with their position before law and government, in carrying out constitutional affairs. From the perspective of this rule of law, it is the law that holds the highest command in the administration of the state. Thus, in fact the leader in administering the state is the law itself, in which there is an understanding of the recognition of the principle of legal and constitutional supremacy, adherence to the principle of limitation and separation of powers according to the constitutional system regulated in the Constitution. There are three classical functions of power in legal and political theory, namely the legislative, executive and judicial functions or called the trias politica. Problems Based on the background of the problems described above, the problems that are examined and discussed are as follows how the implementation of the duties and functions of the Corruption Eradication Commission as independent agencies in the Indonesian constitutional system and what are the obstacles to implementing the duties and functions of the Corruption Eradication Commission as independent agencies. Type of Research This research is normative juridical research or also called doctrinal research. In this type of research, law is conceptualized as what is written in laws and regulations (law in book) or law is conceptualized as rules or norms which are standards for human behavior that are considered appropriate.
Akibat Hukum Terhadap Notaris Yang Rangkap Jabatan Sebagai Advokat Di Kota Bandar Lampung Andriansyah Kartadinata; Irwan Jaya Diwirya; Satrya Surya Pratama
JUSTICIA SAINS - Jurnal Ilmu Hukum Vol 8, No 1 (2023): JUSTICIA SAINS: Jurnal Ilmu Hukum
Publisher : Universitas Sang Bumi Ruwa Jurai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24967/jcs.v8i1.2402

Abstract

Notaries in making authentic deeds are guaranteed by law, so notaries mean that they have a very noble position, have high dignity because the position of notary is given by the government on behalf of the state to meet the needs of society in the field of civil law. Efforts to maintain the good name of the notary's position, in carrying out their duties, the notary has certain restrictions that must be obeyed, the notary may also not perform other work that is contrary to religious norms, decency or propriety that may affect the honor and dignity of a notary based on statutory provisions and professional code of ethics. The legal issues discussed in this paper are the legal consequences of a notary having concurrent positions, as well as the position of the deed issued by the notary.The method used in this study uses legal research, which is an alternative approach that examines doctrinal studies of law with regard to the legal issues studied, namely the legal consequences of the notary's position and the deeds he made and are associated with the theory of legal certainty as the basis for the regulations that have been made and promulgated, runs clearly, logically, and does not cause multiple interpretations.The results of the discussion explain that the legal consequences of a notary who holds concurrent positions as an advocate, the notary's profession does not solely apply as stipulated in the legislation and professional code of ethics, and the legal consequences of a deed issued by a notary if the notary holds concurrent positions is equivalent to an underhanded or void agreement by law.The conclusion drawn from this research is that notaries are not allowed to hold concurrent positions in order to protect the notary professional organization so that conflicts of interest do not occur, while the legal consequences of a deed made when a notary is subject to sanctions due to concurrent positions loses the form of an authentic deed.
Upaya Kebijakan Kriminalisasi dalam Penegakan Hukum Tindakan Prank di Masyarakat Melalui Saluran Streaming Tian Terina; Muhamad Rusjana; Dery Hendryan
JUSTICIA SAINS - Jurnal Ilmu Hukum Vol 8, No 2 (2023): JUSTICIA SAINS: Jurnal Ilmu Hukum
Publisher : Universitas Sang Bumi Ruwa Jurai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24967/jcs.v8i2.2563

Abstract

The aim of the prank is to make the person, in this case the victim, feel pranked, thereby creating a sense of satisfaction in the prank maker. There are various types of pranks, including pranks that use a crime theme, such as kidnapping, pointing a sharp weapon, or acting as a thug who pretends to threaten the victim of his prank. However, not all pranks end in jokes or antics, excessive pranking can cause losses and also victims. These prank actions include actions that create pros and cons, whether these actions can fall into the category of criminal acts that require criminal sanctions or are just guidance.
Pertangungjawaban Pelaku Tindak Pidana Menjual Atau Menyediakan Rokok Kena Cukai Yang Tidak Terdaftar Irsyadul Ikhsan; Zainab Ompu Jainah; Melisa Safitri
JUSTICIA SAINS - Jurnal Ilmu Hukum Vol 8, No 2 (2023): JUSTICIA SAINS: Jurnal Ilmu Hukum
Publisher : Universitas Sang Bumi Ruwa Jurai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24967/jcs.v8i2.2458

Abstract

Cigarettes without excise duty or cigarettes with a hammer excise stamp on them can also be said to be illegal cigarettes with the characteristics of the original excise stamps including that the original excise stamps can be detected by naked eye, the hologram paper is usually green with the Indonesian symbol but the color can change every year, and Original excise tape paper has worm-like fibers and watermarks. Cigarettes that are mandatory for distribution in Indonesia can be achieved with business legality, production legality, and promotion legality as the bureaucracy of cigarette distribution in Indonesia. And as explained above, that smoking is a product of processed tobacco, in accordance with Law Number 39 of 2007 concerning Excise, cigarette packages must be affixed with and attached with excise tape as proof of excise payment so that cigarettes can be said to be legal to offer, hand over, provided for sale. Law Number 39 of 2007 concerning Excise also regulates that cigarettes that circulate without excise bands and do not comply with the applicable laws are said to be illegal cigarettes, anyone who distributes them can be said to be against the law and can be subject to imprisonment and fines.
Buzzer Sebagai Alat Politik Ditinjau Dari Perspektif Penegakan Hukum Di Indonesia Rizki Kurniawati
JUSTICIA SAINS - Jurnal Ilmu Hukum Vol 8, No 2 (2023): JUSTICIA SAINS: Jurnal Ilmu Hukum
Publisher : Universitas Sang Bumi Ruwa Jurai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24967/jcs.v8i2.2313

Abstract

Buzzers with other meanings of buzzers or their activities called Buzzing have now become the public spotlight, especially when buzzing actions are rampant on various social media platforms. During the election period, Buzzers who use anonymous accounts or organic accounts are often used by pairs of candidate success teams or certain cadres from a political party, Buzzers who are an important part of the election process because they not only function as marketing, but also work to bring down the electability of other candidate pairs including attacking with hate speech in various forms and defending one of the supported candidate pairs. Based on this, this research focuses on the weak implementation of the ITE Law as an extension of the Criminal Code limited only to buzzers and their activities without looking deeper into the "who" behind the buzzing process or activity. This research method uses qualitative data analysis (socio legal) combined with normative legal research, this research found that there is a need to formulate clearer, firmer, more straightforward regulations on buzzers, buzzer service providers, and clients as service users, as well as criminal elements that need to be adjusted to the times and the latest trends.
Pertanggungjawaban Pidana Terhadap Pelaku Pembunuhan Pada Anak I Made Wisnu Adi Jaya; Erlina Bachri; Yulia Hesti
JUSTICIA SAINS - Jurnal Ilmu Hukum Vol 8, No 2 (2023): JUSTICIA SAINS: Jurnal Ilmu Hukum
Publisher : Universitas Sang Bumi Ruwa Jurai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24967/jcs.v8i2.2460

Abstract

Literally, children are a mandate as well as a gift from God Almighty, even children are considered the most valuable wealth compared to other property assets. Therefore children as a mandate from God must always be guarded and protected because in children inherent dignity and rights as human beings which must be upheld, but crimes are increasingly occurring regardless of who the object is. Indonesia has laws to protect children in the legal context of perpetrators who commit crimes against minors. The purpose of this research is to analyze the arrangement of criminal responsibility for the perpetrators of the murder of minors.
Tinjauan Yuridis Putusan Pra Peradilan Terhadap Badan Narkotika Nasional (BNN) Provinsi Kalimantan Timur Oleh Pelaku Penyalahgunaan Narkotika Sundari Prasetyani; Zainab Ompu Jainah
JUSTICIA SAINS - Jurnal Ilmu Hukum Vol 8, No 2 (2023): JUSTICIA SAINS: Jurnal Ilmu Hukum
Publisher : Universitas Sang Bumi Ruwa Jurai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24967/jcs.v8i2.2479

Abstract

Narcotics are substances that primarily have anesthetic effects, or can reduce consciousness, and can also cause other physical and mental symptoms if used continuously and wildly with the result, among other things, of becoming dependent on these substances. Narcotics abuse is the use without rights and against the law which is carried out not for the purpose of treatment, therapy because you want to enjoy its effects, in excessive amounts, irregularly, and lasts long enough to cause physical, mental and social health problems, this is in line with increasing activity. distribution of illegal narcotics by a network of international groups to developing countries. Types of class I drugs are heroin/putaw, cocaine, marijuana, methamphetamine, etc., a narcotics crime is an act that violates the provisions of the narcotics law, in this case Law Number 35 of 2009 concerning narcotics and other provisions including and/or does not conflict with the Law. The problem in this research is how the pretrial decision of the BNN East Kalimantan Province (Tenggarong) regarding narcotics abuse is based on decision number 1/Pid.Pra/2023/PN.Trg, the legal basis in the pretrial decision of the BNN East Kalimantan Province based on decision number 1/Pid .Pra/2023/PN.Trg. The research method uses a normative juridical approach, the types of data used are primary data and secondary data. Data collection through decision research and field research and analyzed qualitatively, data processing through editing, data classification, and data systemization.
Pendekatan Restorative Justice Dalam Menyelesaikan Tindak Pidana Korupsi Di Indonesia Dalam Hal Pemulihan Keuangan Negara Andi Purnomo
JUSTICIA SAINS - Jurnal Ilmu Hukum Vol 8, No 2 (2023): JUSTICIA SAINS: Jurnal Ilmu Hukum
Publisher : Universitas Sang Bumi Ruwa Jurai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24967/jcs.v8i2.2662

Abstract

In an effort to realize the effectiveness and efficiency of law enforcement in cases of eradicating criminal acts of corruption, the Deputy Attorney General for Special Crimes issued Letter Number: B-1113/F.Fd.1/05/2010 dated 18 May 2010 concerning Priorities and Achievements in Handling Criminal Cases Corruption Crime, which in the letter contains one of the points that instructs every Head of the High Prosecutor's Office in Indonesia so that in cases of suspected criminal acts of corruption, the public's sense of justice will be prioritized, especially for people who, through their awareness, have returned state financial losses (restorative justice), especially in relation to cases Corruption crimes involving relatively small losses to state finances need to be considered not to be followed up. This research uses a normative juridical approach and an empirical juridical approach. The normative juridical approach is carried out by examining library materials or library research. The results of the research explain that the restorative justice approach in criminal acts of corruption as an effort to recover state losses is considered capable of returning state losses and saving state assets. The concept of restorative justice has not been clearly regulated in the justice system in Indonesia, thus placing law enforcers in a difficult and dilemmatic position.
Analisis Penegakan Hukum Terhadap Jaringan Narkotika dan Obat-Obatan Terlarang di Kalangan Pelajar Melalui Media Sosial di Bandar Lampung Satrio Nur Hadi; Dwi Nurahman; Dian Herlambang
JUSTICIA SAINS - Jurnal Ilmu Hukum Vol 8, No 2 (2023): JUSTICIA SAINS: Jurnal Ilmu Hukum
Publisher : Universitas Sang Bumi Ruwa Jurai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24967/jcs.v8i2.2587

Abstract

Currently, the rate of narcotics crime cases among students has increased every year. Because there are many new methods used by narcotics traffickers to sell and distribute illegal drugs to teenagers and students. Starting from inviting and teaching students who are originally users to participate in selling these illegal drugs in the student environment and creating a sales network for narcotics and illegal drugs between students and also even creating WhatsApp groups and other social media that are used for transactions of these illicit goods. . There have been many efforts and actions taken by the police and the National Narcotics Agency (BNN) to follow up and deal with this matter, starting from preventive or prevention efforts and repressive efforts or actions in accordance with applicable legal regulations. Prevention or prevention efforts have been carried out through outreach efforts about the dangers of narcotics and illegal drugs to students in the school environment and the community. And repressive efforts were carried out by taking firm legal action through arresting narcotics dealers and raids at entertainment venues and in fact there were several minors or students of student age who were caught carrying narcotics and illegal drugs. The problem in this research is what are the efforts of law enforcement officials in tackling criminal acts of narcotics and illegal drug abuse among students, and what are the inhibiting factors in tackling narcotics crimes among these students. It is hoped that this research can become reference material and literature in following up and tackling criminal acts of narcotics trafficking among students in Bandar Lampung which is increasingly worrying.
Kejahatan Transnasional Terhadap Peredaran Narkoba Internasional Ditinjau Dari Kasus Fredy Pratama Nanda Aulia Mardika; Daud Sofyan Timur Siahaan; Vavella Chryzalmantia; Yarra Raja Seraf; Herly Antoni
JUSTICIA SAINS - Jurnal Ilmu Hukum Vol 8, No 2 (2023): JUSTICIA SAINS: Jurnal Ilmu Hukum
Publisher : Universitas Sang Bumi Ruwa Jurai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24967/jcs.v8i2.2560

Abstract

This research examines the problem of transnational crime in international drug trafficking from the case of Fredy Pratama, who is an Indonesian youth who was arrested in 2021 for trying to smuggle 1.2 kilograms of cocaine to Australia. His case highlights the challenges law enforcement faces in combating transnational drug trafficking, as well as the devastating impact these crimes have on the Nation. The aim of this research is to explore in more detail the Fredy Pratama case and find out the impact of his crime. Legal documents for this research were obtained from a literature review. This research uses a qualitative descriptive analysis method. From the research results, it was concluded that the Fredy Pratama case was a microcosm of a larger problem, namely transnational drug trafficking. Disclosure of this case is also the greatest salvation for the lives of the nation's children from the threat of drugs. The suspects were charged with multiple articles, namely TPPU and Law of the Republic of Indonesia Number 35 of 2009 concerning Narcotics and Article 114 paragraph (2) in conjunction with Article 132 paragraph (2) subsidiary Article 112 paragraph (2) in conjunction with Article 132 paragraph (2), with threats death penalty or life imprisonment.

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