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Muchtar A H Labetubun
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Bacarita Law Journal
Published by Universitas Pattimura
ISSN : -     EISSN : 27759407     DOI : 10.30598/bacarita
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
BACARITA LAW JOURNAL Adalah jurnal Yang Diterbitkan Oleh Program Studi Hukum, Program Studi Diluar Kampus Utama (PSDKU) Universitas Pattimura di Kepulauan Aru, Dua Kali Setahun Pada Bulan April Dan November. Tujuan Jurnal Ini Adalah Untuk Menyediakan Tempat Bagi Akademisi, Peneliti Dan Praktisi Untuk Menerbitkan Artikel Penelitian Asli Atau Artikel Ulasan. Jurnal Ini Menyediakan Akses Terbuka Langsung Ke Kontennya Dengan Prinsip Bahwa Membuat Penelitian Tersedia Secara Bebas Untuk Mendukung Pertukaran Pengetahuan Global Yang Lebih Besar. BACARITA LAW Tersedia Dalam Versi Cetak Dan Online. Bahasa Yang Digunakan Dalam Jurnal Ini Adalah Bahasa Indonesia Dan Bahasa Inggris. Ruang Lingkup Artikel Yang Diterbitkan Dalam Jurnal Ini Membahas Berbagai Topik Ilmu Hukum Khususnya Berkaitan Dengan Hukum Keperdataan, Hukum Pidana, Hukum Tata Negara/Administrasi Negara, Dan Hukum Internasional
Arjuna Subject : Ilmu Sosial - Hukum
Articles 106 Documents
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Legal Implementation of Children as Perpetrators of Sexual Violence Ilman, Nur Hayanti; Alhadi, Muhammad Nurcholis
Bacarita Law Journal Vol 6 No 1 (2025): August (2025) BACARITA Law Journal
Publisher : Programs Study Outside the Main Campus in Law Pattimura University ARU Islands Regency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/bacarita.v6i1.18346

Abstract

The implementation of the law on children involved in sexual violence criminal offenses is discussed in the verdict of case Number: 5/Pid.Sus-Anak/2024/PN.Smr. This action is classified as a criminal act of sexual violence falling under the category of immoral acts. Cases involving children are increasing, including sexual violence committed by children themselves. Article 81 of the Indonesian Criminal Code provides a general explanation regarding sexual offenses against children, including acts of violence or threats carried out through deception, lies, or persuasion to engage in sexual acts. Based on the facts found, the actions committed by the defendant involved in sexual violence against the victim occurred more than once. This study aims to examine the applicable legal provisions for children involved with the law and the considerations of judges in handling cases of children committing sexual violence. The research method applied is a normative legal approach.
Law Enforcement on Consumer Protection for Online Counterfeit Goods Purchases Nabila, Sofia; Hasmiati, Rahmatullah Ayu; Pratama, Rio Arif
Bacarita Law Journal Vol 6 No 1 (2025): August (2025) BACARITA Law Journal
Publisher : Programs Study Outside the Main Campus in Law Pattimura University ARU Islands Regency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/bacarita.v6i1.18378

Abstract

The rapid advancement of information technology has brought significant changes to the world of commerce, particularly through e-commerce. Online buying and selling systems offer convenience to consumers, but they also present new challenges, one of which is the increasing circulation of counterfeit goods. In Indonesia, consumer protection regulations are outlined in Law Number 8 of 1999 on Consumer Protection and Law Number 11 of 2008 on Electronic Information and Transactions. However, despite the clear regulations, the implementation of consumer protection in online transactions still faces obstacles, especially in regions such as Samarinda. This study aims to analyze consumer protection laws in Samarinda, focusing on the roles of Non-Governmental Consumer Protection Agency Borneo and the Police. The findings indicate that protection efforts include consumer education regarding their rights and complaint channels to address counterfeit goods cases. However, low consumer awareness remains a major challenge to the effectiveness of these protections. Moving forward, there is a need to enhance education about the risks of online transactions and improve coordination between agencies to minimize online fraud. Consumer protection depends not only on regulations but also on the active role of society and relevant institutions in creating a safer e-commerce ecosystem. Collaboration among agencies, along with heightened consumer awareness, is key to tackling the problem of counterfeit goods in the online marketplace.
Criminal Law Policy in Tackling Personal Possession of Marijuana for Medicine Alviolita, Fifink Praiseda; Arzaqi, Nila
Bacarita Law Journal Vol 6 No 1 (2025): August (2025) BACARITA Law Journal
Publisher : Programs Study Outside the Main Campus in Law Pattimura University ARU Islands Regency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/bacarita.v6i1.19942

Abstract

The problem of personal possession of marijuana for medical purposes because according to the mandate of the constitution the right to life is guaranteed by the 1945 Constitution. The purpose of this study is to identify problems from the formulation aspect of the Narcotics Law to determine the appropriate criminal law policy to overcome these legal issues. This study uses a type of normative juridical research with a qualitative approach. The results of the study show that the Narcotics Law has a vagueness of norms that results in a person who has marijuana personally for treatment or therapy can be criminalized, even though if you look at the formulation of the Narcotics Law does not really prohibit it as long as it is in accordance with the results of research so that its use can be scientifically proven. In addition to the incessant eradication of narcotics trafficking and abuse, the government needs to take policies by revising the Narcotics Law. Efforts that can be made by decriminalizing personal possession of marijuana as a treatment does not mean that it will be impossible in the future, coupled with the regulation and supervision of marijuana trafficking, will open up space for the courts to focus on dealing with more serious narcotics crimes. This means that the government must be present to refocus the function of legislation and determine future regulations to regulate the maximum limit on the amount of psychotropic substances that can be legally owned or not so that they can distinguish the perpetrators of criminal acts whether they are categorized as owners, users, storers or dealers and the certainty of psychotropic abuse in order to achieve certainty, justice and usefulness.
Solving the Crime of Petty Persecution Through the Restorative Justice Mechanism in a Progressive Legal Perspective Hadi, Samsul; Harun, Rina Rohayu; Jiwantara, Firzhal Arzhi
Bacarita Law Journal Vol 6 No 1 (2025): August (2025) BACARITA Law Journal
Publisher : Programs Study Outside the Main Campus in Law Pattimura University ARU Islands Regency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/bacarita.v6i1.20652

Abstract

The objectives of this study are to examine and analyze the application of Restorative Justice in handling minor assault crimes at the Lombok Tengah District Police Station and to analyze the legal challenges faced in applying Restorative Justice to optimize its application in minor assault cases from a progressive legal perspective at the Lombok Tengah District Police Station. The research method used in this study is normative empirical law using a legal approach, conceptual approach, sociological approach, and case approach. The legal materials used in this study include primary legal materials, secondary legal materials, and tertiary legal materials. The results of the study on the application of restorative justice in cases of minor assault within the Lombok Tengah Police Department were conducted in accordance with the mechanisms or rules outlined in Police Chief Regulation year 2021. In addition, the police offered reconciliation efforts to the victims and suspects based on cases that met the criteria for restorative justice and involved several other parties, such as religious leaders, traditional leaders, and community leaders, without any pressure, coercion, or intimidation from the Central Lombok Police, who acted as facilitators of minor assault cases. Second, the challenges faced in the implementation of restorative justice at the Lombok Tengah Police Station in resolving criminal cases of assault within the community include determining the value of compensation or restitution. Second, there are differing opinions between the victim and the victim's family regarding the peace efforts, where the victim does not wish to reconcile, while the victim's family desires reconciliation, considering long-term implications.
Legal Protection for Consumers Related to Skincare Products and Bodycare Overclaim Putri, Ribsi Esa Vylonia
Bacarita Law Journal Vol 6 No 1 (2025): August (2025) BACARITA Law Journal
Publisher : Programs Study Outside the Main Campus in Law Pattimura University ARU Islands Regency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/bacarita.v6i1.20975

Abstract

The rise of misleading marketing practices in the midst of the rapid cosmetics industry, which results in losses for consumers, both material and immaterial. This study aims to identify forms of legal protection for consumers who are victims of overclaims and evaluate the role of the Food and Drug Supervisory Agency in handling these cases, using an empirical legal research method, primary data is obtained through questionnaires from consumers, while secondary data is obtained from literature studies, then analyzed qualitatively-descriptively. The results of the study show that business actors are prohibited from advertising or promoting goods incorrectly or misleadingly, including through overclaim. Violation of this article violates the consumer's right to honest and correct information. However, overclaim practices still often occur due to low compliance of business actors and lack of effective supervision and enforcement. Food and Drug Supervisory Agencies have a crucial role in pre-market to post-market oversight and enforcement, but face challenges in broad market coverage and digital dynamics. It is hoped that this thesis can provide a comprehensive understanding of rights and obligations in the context of overclaim, increase consumer awareness, encourage compliance of business actors, and become an input for the government and the Food and Drug Supervisory Agency in formulating more protective policies and effective law enforcement mechanisms to create a responsible cosmetics market.
Disparity in Judges' Decisions in Narcotics Crime Cases Raehan, Sri; Erwin, Yulias
Bacarita Law Journal Vol 6 No 1 (2025): August (2025) BACARITA Law Journal
Publisher : Programs Study Outside the Main Campus in Law Pattimura University ARU Islands Regency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/bacarita.v6i1.20984

Abstract

The purpose of this study is to analyze the disparity in judges' decisions in narcotics crime cases at the Praya District Court and to analyze the disparity in narcotics crime cases according to the theory of justice. This research is a normative legal study using a statutory approach, a conceptual approach, and a case approach. Legal materials were analyzed using literature and the internet. The results of the study indicate that disparity in judgments is influenced by several factors, including differences in legal interpretation by judges, the absence of standard sentencing guidelines, and subjectivity in considering aggravating and mitigating circumstances. Aggravating factors include the defendant's prior criminal record. Mitigating factors include the defendant's cooperative attitude during the trial and a promise not to repeat the offense in the future. Disparity in narcotics-related criminal cases, according to the theory of justice, is viewed from the enforcement of the law to achieve the desired legal justice. Different sentences for similar cases can be considered unfair, as they disregard the principle of “proportionality” between the offense and the punishment. From the perspective of justice theory, this disparity contradicts the principles of distributive and retributive justice because it results in unequal treatment of offenders with similar criminal acts.

Page 11 of 11 | Total Record : 106

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