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JURNAL RUANG HUKUM
Published by Gayaku Publisher
ISSN : -     EISSN : 29630479     DOI : https://doi.org/10.58222/juruh.v2i2.483
JURNAL RUANG HUKUM merupakan jurnal ilmiah yang berisikan gagasan dan pengetahuan hukum yang berasal dari akademisi, peneliti dan praktisi dibidang hukum, atas fenomena hukum yang jamak terjadi di masyarakat. fenomana hukum yang tercipta dari proses pembentukan undang-undang hingga proses pelaksanaan undang-undang tersebut. JURNAL RUANG HUKUM terbit sebanyak 2 (dua) kali dalam 1 (satu) tahun yaitu (Januari-Juni dan Juli-Desember). Artikel yang masuk akan dinilai oleh peer-reviewer, dan jika dipandang layak akan diterbitkan, JURNAL RUANG HUKUM menerima artikel dari Ilmuwan, baik dalam maupun luar negeri yang fokus dengan kajian tersebut dapat berkontribusi dan mengkomunikasikan hasil penelitiannya dalam jurnal ini. Ruang lingkup Jurnal Ruang Hukum adalah: A. Hukum 1. hukum perdata, 2. hukum pidana, 3. hukum administrasi, 4. hukum militer, 5. hukum konstitusional, 6. hukum internasional. B. Yudikatif: 1. manajemen kasus pengadilan 2. manajemen peradilan. C. Kriminologi dan Hukum: D. Victimology dan Hukum E. Forensik dan Hukum
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
Search results for , issue "Vol. 1 No. 2 (2022): Juli-Desember" : 5 Documents clear
Policy For Formulation Of Criminal Sanctions Against Narcotics Criminal Offenders Warsito Kasim
JURNAL RUANG HUKUM Vol. 1 No. 2 (2022): Juli-Desember
Publisher : Gayaku Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58222/juruh.v1i2.87

Abstract

In essence, narcotics are substances both natural and synthetic, namely narcotics, psychotropics and other addictive substances. If they enter the human body without following health regulations, they have an effect on the brain in the central structure and if misused, it is against legal provisions. Narcotics were first made by the British and then spread to mainland Asia, from China, Hong Kong, Japan to Indonesia.Examined from the optics of material criminal law, the Narcotics Law has several systems for formulating criminal sanctions (strafsoort) and several systems for formulating the duration of criminal witnesses (strafmaat). The system for formulating the length of criminal sanctions (strafmaat) is a fixed/definite sentence system in the form of a definite criminal threat, an indefinite sentence system in the form of a threat of a maximum length of sentence, then a determinate sentence system in the form of determining the minimum and maximum limits for the duration of a criminal threat and an indeterminate sentence system in the form of no the maximum criminal limit is determined. The law-making body completely delegates criminal policy (discretion) to criminal implementing officials at a lower level, for example in determining the size, nature or duration of punishment for perpetrators of certain crimes. The formulation system is indeterminate, determinate, presumptive and mandatory. Basically, according to criminal law science, there are several types of systems for formulating criminal sanctions (strafsoort), namely single/imperative formulation systems, alternative formulation systems, cumulative formulation systems, cumulative-alternative (mixed/combined) formulation systems and blind/blanch formulation systems. . Likewise, only for the system of formulating the length of criminal sanctions (strafmaat), there is a definite sentence system in the form of a threat of a definite length of sentence, a fixed/indefinite sentence system or maximum system, namely a threat of a maximum length of sentence, then a determinate sentence system in the form of a specified minimum limit and maximum criminal threat and indeterminate sentence system in the form of no specified maximum criminal limit, the law-making body gives full responsibility to criminal policy (decretion) to criminal implementing officials at lower levels, for example in determining the size, nature or duration of punishment for perpetrators certain crimes.
The Principle of Legality in the Perspective of Human Rights Sri Ayuni, Mela; Dion, Dion; Cita Zulviah, Rifda; Nurtresna, Robby
JURNAL RUANG HUKUM Vol. 1 No. 2 (2022): Juli-Desember
Publisher : Gayaku Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58222/juruh.v1i2.264

Abstract

The principle of legality is a principle in law that is found in almost all of the constitutions of each country. The principle of legality is very important and must be maintained for the sake of certainty of rules in a country. If seen or reviewed properly, this principle of legality is a tool that aims to protect human rights for every individual and community group. As a jurisdiction, Indonesia always strives to uphold justice in order to achieve an orderly and peaceful life. However, with the existence of the principle of legality which is a written rule to determine that no action or action is prohibited and punished, if the act has been formulated in a law. The purpose of this writing is to find out how the principle of legality is in the perspective of human rights. This study uses a normative juridical method with a case approach and a statutory approach, the data used in this study is secondary data which is analyzed deductively. The results of this study are that the principle of legality has an important role in regulating the life of a group or society. One of the important roles of the principle of legality is to protect human rights, the role and function of the existence of the principle of legality is very influential in efforts to implement human rights regulations or better known as human rights. the life of the Indonesian people.
System Implementation Optimization Stollen Recovery Initiative (StAR) as an Effort to Eradicate Criminal Corruption in Asia Fairuza, Hanny Hilmia; Dewi Rastikasari; Desi Nur Fitria; Nesya Wahyuning Asep Saputri
JURNAL RUANG HUKUM Vol. 1 No. 2 (2022): Juli-Desember
Publisher : Gayaku Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58222/juruh.v1i2.265

Abstract

Corruption is a form of criminal behavior that is detrimental to state finances. Acts of corruption do not only occur in one country, but also in all countries, especially ASEAN. Therefore, it is necessary to carry out cooperation in the international sphere through an agreement or the implementation of political cooperation in the form ofMutual Legal Assistance (MLA) andExtradition related to the eradication of corruption. There are UN conventions andMLA will provide a form of change in the form of a paradigm related to the many aspects of corruption as a form of crimeinternational-transnational. In this case it becomes one of the important factors for all countries in achieving efforts to combat corruption. With regard to efforts to eradicate criminal acts of corruption, it is necessary to have a special regulatory system related to the handling of acts of corruption in foreign relations, one of which is in the form ofStollen Asset Recovery Initiative or StAR. StAR is a form of international cooperation in terms of providing evidence and transparency of an act of corruption.
Legal Protection for Victims of Crimes of Sexual Violence Viewed from a Victimological Perspective Mardhatillah, Dini; Ramdan Al Musthafa, Muhammad
JURNAL RUANG HUKUM Vol. 1 No. 2 (2022): Juli-Desember
Publisher : Gayaku Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58222/juruh.v1i2.277

Abstract

Victims of sexual violence need to get legal protection, both preventively and repressively. This study aims to analyze efforts to restore the rights of victims of sexual violence and their legal protection. This research is a normative legal research using statutory approach and consepal approach. The data obtained were analyzed with descriptive analysis. The results of this study conclude that the criminal procedural law in Indonesia is not optimal in paying attention to the rights of victims of criminal acts, but besides that there is a study of victimology that focuses on victims of crime including how legal protection efforts are made. Preventive protection in Indonesia has been quite good with the introduction of regulations as a legal basis for victims of sexual violence crimes who, with their various remedies, access justice and remedy through protection for the Witness and Victim Protection Agency (LPSK). In addition, they can also obtain compensation in the form of money for losses suffered as well as assistance with medical and psychological and psychosocial costs. However, education facilities for child victims have not been covered by the regulation, even though victims of sexual violence who drop out of school need to violate their right to education according to their needs. In addition, in developing repressive protection, law enforcers related to cases of sexual violence, such as investigators and public prosecutors, must actively provide information related to efforts to protect and compensate for losses that can be accessed by victims.
Review of the Legality of Binary Options According to Islamic Law and Laws in Indonesia Irkham Firdaus, Muhammad; Hisyam Hawari, Muhammadudy; Fathin Nur Ihsan, Muhammad
JURNAL RUANG HUKUM Vol. 1 No. 2 (2022): Juli-Desember
Publisher : Gayaku Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58222/juruh.v1i2.362

Abstract

A binary Option is a financial or financial product in which the parties involved are placed on one of two options within a certain period of time. Juridically, the legality of Binary Options as a Futures Trading Commodity is still being debated. This is because in order to be considered a commodity, it must fulfill the phrase "future contract" as referred to in the Commodity Futures Trading Act. When referring to the objective terms of the contract, the contract must fulfill valid reasons where the Binary Option raises questions about the validity of the contract in the context of Binary Options. From a consumer perspective, without permission from CoFTRA for consumer protection, there is no clarity, both from a legal and practical perspective. The purpose of this study is to find out how Islamic law and laws in Indonesia treat the binary options affiliate system. Using normative law with a framework to find out legal norms, Islamic legal principles, and legal doctrines that are used to answer legal problems faced. take notes from literary books, laws, and regulations, newspapers, magazines, or online communication media that are relevant to the problem being studied

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