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Hukum dan Demokrasi (HD)
Published by Sekolah Tinggi Ilmu Hukum Prof Gayus Lumbuun
ISSN : 14119765     EISSN : 3021825X     DOI : 10.61234
Core Subject : Humanities, Education, Social,
Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences
Hukum dan Demokrasi (HD) adalah Jurnal ilmiah dengan fokus dan skop ilmu hukum, hukum pidana, hukum perdata, politik dan demokrasi, hukum bisnis dan hukum lingkungan. Diterbitkan oleh Sekolah Tinggi Ilmu Hukum (STIH) Prof Gayus Lumbuun. Jurnal ini diterbitkan empat kali dalam satu tahun yaitu pada bulan Mei, Agustus, November, dan Februari. Jurnal Hukum dan Demokrasi (HD) melakukan proses peer review secara tertutup pada naskah yang diterima. P-ISSN 14119765 E-ISSN 3021825X
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
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Search results for , issue "Vol 24 No 1 (2024): Hukum dan Demokrasi (HD)" : 5 Documents clear
Analisis Hukum Undang-Undang No. 27 Tahun 2022 Tentang Pelindungan Data Pribadi (Putusan No. 597/Pid.Sus/2021/Pn.Jkt.Pst) Arthawijaya, Andhika; Laksanto Utomo, Stefanus; L. Luntungan, Benjamin
Jurnal Hukum dan Demokrasi (JHD) Vol 24 No 1 (2024): Hukum dan Demokrasi (HD)
Publisher : Sekolah Tinggi Ilmu Hukum Prof Gayus Lumbuun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61234/hd.v24i1.44

Abstract

The background to this research is based on the problem of changes in the lifestyle of Indonesian people due to the development of information technology. Which causes significant changes in the socio-cultural, economic and legal framework. The main problem is that this change has made the potential for a digital economy to grow which is quite large, but is accompanied by several negative impacts, including threats to citizens' rights and privacy and personal data. The purpose of this study is to find out the legal arrangements for Personal Data Protection in Indonesia, as well as to find out the form of legal protection for Personal Data in the event of a violation of the law in its application in the field. The research method is to use normative juridical research using a statutory approach and a conceptual approach. The data collection method used was literature study and analyzed prescriptively. The conclusions and results of this study indicate that in Indonesia there are several rules governing the protection of personal data. However, these regulations are still not optimal in protecting the confidentiality of a person's personal data. For this reason, preventive and repressive efforts are needed in legal protection if personal data is misused. Preventive efforts, namely legal protection that is preventive before the failure of the protection of consumer personal data which can cause harm to consumers. Meanwhile, repressive efforts in protecting personal data are carried out by involving the role of the government in providing legal protection due to losses suffered by owners of personal data due to failure to protect the confidentiality of their personal data.
Analisa Yuridis Tindak Pidana Narkotika Menurut Pasal 114 Ayat (2) Undang-Undang Nomor 35 Tahun 2009 tentang Narkotika JO Pasal 55 Ayat (1) KUHP: Studi Kasus Perkara No. : 353/PID.SUS/2022/PN.JKT.TIM Syahmada, Dienda; Arifin, Zaenal; Suherman, Suherman
Jurnal Hukum dan Demokrasi (JHD) Vol 24 No 1 (2024): Hukum dan Demokrasi (HD)
Publisher : Sekolah Tinggi Ilmu Hukum Prof Gayus Lumbuun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61234/hd.v24i1.47

Abstract

Narcotics, on the one hand, are drugs or materials that are useful in the field of medicine or health services and the development of science and on the other hand, they can also cause dependence which is very detrimental if they are misused or used without strict and thorough control and supervision; producing, planting, storing, distributing, and/or using Narcotics without strict and thorough control and supervision and contrary to laws and regulations is a Narcotics crime because it is very detrimental and is a very big danger to human life, society, nation and country and Indonesia's national resilience. Based on data from the DKI Jakarta Provincial Narcotics Agency, the number of inmates in Correctional Institutions in DKI Jakarta has reached 70% who are convicted of drug cases, seeing this number where the number of convicts of drug cases almost dominates all Correctional Institutions, we can assume that the drug crime rate in DKI Jakarta is far exceeding the level of crime/other crimes, which is an average of 600 cases per month. Departing from the case above, the problem can be formulated as follows: 1. What are the provisions governing intermediaries for narcotic crimes according to law number 35 of 2009? What are the sanctions against intermediaries for drug crimes according to law number 35 of 2009? In compiling this thesis, the authors use the following methods: 1. Primary data, namely legal materials that are binding, namely in the form of laws relating to capital punishment, 2. Secondary data, namely legal materials that provide an explanation of primary data such as: books, court decisions and others. The conclusions obtained in this research are: 1) The public prosecutor charges the defendant with imprisonment for 7 (seven) years and a fine of Rp. 1,820,000,000.- (one billion eight hundred and twenty million rupiah) subsidiary for 1 (one) year in prison; 2) The Panel of Judges in their decision handed down a 6 (six) year imprisonment and a fine of Rp. 1,820,000,000.- (one billion eight hundred and twenty million rupiah) with the provision that if the criminal fine is not paid then it is replaced with imprisonment for 6 (six) months.
Tinjauan Yuridis tentang Tindak Pidana Penganiayaan Sebagaimana dimaksud dalam Pasal 351 Ayat (1) Kitab Undang-Undang Hukum Pidana: Studi Kasus Putusan No.: 165/Pid.B/2022/Pn.Blt) Murthado, Akhmad; Pintubatu, D.I Silalahi; GP Magno, Nuno
Jurnal Hukum dan Demokrasi (JHD) Vol 24 No 1 (2024): Hukum dan Demokrasi (HD)
Publisher : Sekolah Tinggi Ilmu Hukum Prof Gayus Lumbuun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61234/hd.v24i1.48

Abstract

In general, criminal acts against bodies in the Criminal Code are called "torture". Persecution regulated by the Criminal Code consists of: a. Persecution based on Article 351 of the Criminal Code which is detailed as: Ordinary ill-treatment, Assault which results in serious injury, Persecution which results in the person's death; b. Light maltreatment regulated by Article 352 of the Criminal Code; c. Premeditated maltreatment regulated by Article 353 of the Criminal Code with the following details: Causing serious injuries, resulting in the death of the person; d. Serious maltreatment regulated by Article 354 of the Criminal Code with the following details: resulting in serious injuries, resulting in the death of the person; e. Serious and premeditated ill-treatment is regulated by Article 355 of the Criminal Code with the following details: Serious and premeditated ill-treatment Serious and premeditated ill-treatment that results in the person's death. The main problem in writing this thesis is what is the basis for the formulation of Article 351 of the Criminal Code as a criminal act of abuse and whether the Panel of Judges correctly considered it in case No.165/Pid.B/2022/PN.Blt. The research method used is normative juridical research, namely by collecting and studying books related to the issues discussed. The authors' conclusions 1) that the basis for the formulation of Article 351 of the Criminal Code is a criminal act of persecution, namely intentionally causing bad feelings (suffering), pain (pijn), or injury. From the facts revealed at the trial, the defendant had assaulted FEBRIANTI RETNO REJEKI and the victim received injuries as a result of post mortem et repertum from the Syuhada Haji Hospital Number 281/RSSH/IV/2022 dated 23 April 2022 and this caused temporary obstacles in carrying out his activities. time; 2) that the consideration of the Panel of Judges in criminal case No. 165/Pid.B/2022/PN.Blt which stated that the defendant's actions were a criminal act of persecution, because based on the facts revealed at trial, all the elements of a criminal act of persecution were indeed fulfilled. Therefore, it is appropriate for the judges' decision to impose a sentence on the defendant. The author's suggestions 1) that if all the elements indicted have been met, it would be better for the panel of judges to decide more than half of the demands of the public prosecutor; 2) The panel of judges must be more careful in providing legal considerations so that the decisions handed down achieve a sense of justice for all parties.
Analisis Hukum Mengenai Delik Penganiayaan yang Terbukti Secara Sah dan Menyakinkan dalam Pemeriksaan Persidangan di Pengadilan Negeri Jakarta Selatan: Studi Kasus Putusan No. : 689/Pid.B/2018/Pn Jkt.Sel Robbika Murti, Tanfidzan; Manulu, Karto; Anton Rikmadani, Yudi
Jurnal Hukum dan Demokrasi (JHD) Vol 24 No 1 (2024): Hukum dan Demokrasi (HD)
Publisher : Sekolah Tinggi Ilmu Hukum Prof Gayus Lumbuun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61234/hd.v24i1.49

Abstract

In general, criminal acts against bodies in the Criminal Code are called "torture". Persecution regulated by the Criminal Code consists of: a. Persecution based on Article 351 of the Criminal Code which is broken down into: Ordinary maltreatment, Persecution resulting in serious injuries, Persecution resulting in the death of the person; b. Light maltreatment regulated by Article 352 of the Criminal Code; c. Premeditated maltreatment regulated by Article 353 of the Criminal Code with the following details: Causing serious injuries, resulting in the death of the person; d. Serious maltreatment regulated by Article 354 of the Criminal Code with the following details: resulting in serious injuries, resulting in the death of the person; e. Serious and premeditated maltreatment regulated in Article 355 of the Criminal Code with the following details: Serious and premeditated maltreatment, Serious and premeditated maltreatment resulting in the death of the person. Apart from that, it is also regulated in Chapter XX (Abuse) by Article 358 of the Criminal Code, people who take part in raids/attacks are carried out by several people. This is very similar to Article 170 of the Criminal Code because fights are generally the use of violence in public. The main problem in writing this thesis is what is the basis for the formulation of Article 351 of the Criminal Code as a crime of persecution and whether the Panel of Judges has properly considered case No. 689/Pid.B/2018/PN Jkt.Sel. The research method used is normative juridical research, namely by collecting and studying books related to the issues discussed. The authors' conclusions 1) that the basis for the formulation of Article 351 of the Criminal Code is a criminal act of persecution, namely intentionally causing bad feelings (suffering), pain (pijn), or injury. From the facts revealed at the trial that the defendant had abused the victim on behalf of FERI SETIAWAN with the results of the examination namely bruises and abrasions on the nose caused by being hit by a blunt object based on Visum Et Repertum from Zahirah Hospital with No. 306/RSZVER/04/2018 April 14 2018 at around 20.10 WIB who carried out the examination was dr. JOHANES SANTOSO as examining doctor on 14 April 2018; 2) that the consideration of the Panel of Judges in the criminal case No. 689/Pid.B/2018/PN Jkt.Sel which stated that the defendant's actions were a crime of persecution, because based on the facts revealed at trial, all the elements of the crime of persecution were indeed fulfilled. Therefore, it is appropriate for the judges' decision to impose a sentence on the defendant. The author's suggestions 1) that if all the elements indicted have been met, it would be better for the panel of judges to decide more than half of the demands of the public prosecutor; 2) The panel of judges must be more careful in providing legal considerations so that the decisions handed down achieve a sense of justice for all parties.
Kajian Hukum Pembatalan Putusan Pengadilan Agama tentang Perkawinan yang dilakukan dengan Tipu Muslihat berdasarkan Pasal 71 Huruf (F) Kompilasi Hukum Islam (Perkara No. 3617/Pdt.G/2021/ Pa.Dpk) Ruslaini; Arifin, Zaenal; Gozali, Luthfi
Jurnal Hukum dan Demokrasi (JHD) Vol 24 No 1 (2024): Hukum dan Demokrasi (HD)
Publisher : Sekolah Tinggi Ilmu Hukum Prof Gayus Lumbuun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61234/hd.v24i1.50

Abstract

Abstract

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