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INDONESIA
Jurnal Hukum dan Keadilan
Published by PT Hafasy Dwi Nawasena
ISSN : -     EISSN : 30316782     DOI : https://doi.org/10.61942/jhk
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
The Journal of Law and Justice has a focus and scope that includes: 1. Legal science 2. Criminal law 3. Civil law 4. State administration 5. Constitutional law 6. Philosophies of law 7. Customary law We also strongly encourage multidisciplinary and interdisciplinary research as long as the strong variables in the research are still legal analysis in accordance with the scope and focus described above.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
 1 
Search results for , issue "Vol. 2 No. 1 (2024): JHK-December" : 5 Documents clear
A Comparative Study of the Laws of Execution of the Death Penalty Against Australian and French Citizens in Narcotics Crimes Pradana, Alifian Maulana Nanda; Mangesti, Yovita Arie
Jurnal Hukum dan Keadilan Vol. 2 No. 1 (2024): JHK-December
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v2i1.251

Abstract

This work analyzes the differences behind the protracted delay in the Serge Areski Atlaoui case which is compared to the case of the two defendants Bali Nine, namely Myuran Sukumaran and Andrew Chan, in the case of the same narcotics crime there is a very clear difference at the time of the inkracht criminal verdict. The purpose of this work is to analyze the urgency behind the moratorium on the verdict of Serge Areski Atlaoui which is different from the verdict on the two defendants Bali Nine. Through this work, two major findings were obtained, the first of which was that the moratorium on the death penalty was motivated by changes in criminal law policy through Law Number 1 of 2023 concerning the Criminal Code which provides a probation period of 10 years for defendants on death row, this was not obtained by the two defendants in the Bali Nine case because they had been executed after the PTUN decision on the lawsuit against the rejection of clemency by the President. The second finding is in the form of major implications after the reharmonization of criminal law provisions in the form of the application of the principles of legal certainty, legal justice and legal usefulness. The findings then gave a conclusion that the enforcement of criminal law against narcotics crimes has been updated by looking at the human aspect.
Effectiveness of Law Enforcement in Eradicating Gambling Crimes Committed Online in Indonesia Harefa, Arianus
Jurnal Hukum dan Keadilan Vol. 2 No. 1 (2024): JHK-December
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v2i1.257

Abstract

The crime of online gambling is currently very worrying and damaging the joints of the life of the Indonesian people. In the development of science and technology, which is quite rapid, it has a negative impact on the reality of people's lives to be used as a means of playing gambling with the aim of making a profit without having to work hard. The impact of online gambling crimes causes social, economic, legal problems, financial losses, damages physical and mental health, disrupts personal and family relationships, and has the potential to commit new criminal acts. For this reason, law enforcement in combating online gambling is very necessary. Therefore, this research uses normative legal research or library research. While the research approach is statute approach, case approach, and conceptual approach. Then, to analyze the data, qualitative data analysis is used descriptively, logically, systematically to answer existing problems. The results show that law enforcement in the eradication of online gambling in Indonesia requires adequate measures through stricter supervision and enforcement of online gambling players, increased cooperation between law enforcement agencies and online platforms to monitor and identify illegal gambling activities, and massive counseling to the public about the risks and negative impacts of online gambling. In addition, to increase the capacity of investigators in addressing online gambling cases through training and skills development should be considered. And providing easier access for the public to report online gambling cases, and also cooperation with the provision of internet services to block illegal gambling sites to assist and prevent online gambling crimes in Indonesia
The Redefinition of Nullity for Legal Purposes and the Possibility of Annulment Due to the Failure to Fulfill the Validity Requirements of an Agreement (Case Study of Decision No. 31/Pdt/2-2-/PT MDN) Sabillah, Tasya; Jatmiko, Mamiek
Jurnal Hukum dan Keadilan Vol. 2 No. 1 (2024): JHK-December
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v2i1.264

Abstract

The research written by Tasya Sabillah explains the redefinition of nullity for legal purposes and the possibility of annulment due to the failure to meet the validity requirements of an agreement. It discusses the validity of an agreement in relation to the annulment of an agreement in Decision No. 31/Pdt/2-2-/PT MDN, as well as the legal norms that define the annulment of an agreement in this decision. The research, conducted through a literature study and categorized as normative research, results in the Judge's Considerations in the Annulment of the Agreement in Decision No. 31.7/Pdt/2020/PT.Mdn. The main point is that PT. Tarurung had incorrectly applied the law by examining and ruling on the plaintiff's lawsuit, whereas the core dispute in the case was about breach of contract (wanprestasi) between the defendant and the plaintiff based on the cooperation agreement (SPK), which is essentially a contractual case. The legal consequence of the annulment of the agreement in Decision No. 31.7/Pdt/2020/PT.Mdn, as concluded by the judge in the case, is that the decision cannot be executed, making the ruling effectively non-existent.
The Notary's Responsibility in Tax Avoidance Related to the Sale and Purchase Binding Agreement and Power of Attorney to Sell Albi, Yuni; Saleh, Moh.
Jurnal Hukum dan Keadilan Vol. 2 No. 1 (2024): JHK-December
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v2i1.266

Abstract

This research discusses the responsibility of a notary in drafting a Sale and Purchase Binding Agreement (PPJB) with a Power of Attorney to Sell, which is suspected of involving tax avoidance. The aim of this study is to analyze the notary's responsibility in cases of tax avoidance carried out through the Sale and Purchase Binding Agreement and Power of Attorney to Sell made before a notary. Currently, there are no written regulations that explicitly prohibit or allow notaries to draft such agreements suspected of tax avoidance. However, notaries must act professionally and bear significant responsibility in performing their duties by adhering to the Notary Law (UUJN), the applicable code of ethics, and the prevailing legal regulations. A notary's work must be trustworthy, reliable, and aligned with Standard Operating Procedures (SOP), from the commencement of work to achieving accurate results. In addition to professionalism, a notary is also expected to provide proper and clear legal guidance to the parties involved. This study employs a descriptive-analytical approach with a normative juridical method. The research findings indicate that tax avoidance by a buyer in the drafting of a PPJB with a Power of Attorney to Sell is considered valid if neither the original seller nor the subsequent buyer files for the annulment of the PPJB or the Power of Attorney to Sell. Nevertheless, notaries are urged to exercise greater caution when dealing with clients who intentionally engage in tax avoidance, as such actions could have negative repercussions on the notary's reputation and legal standing.
Restitution Arrangements for Children Who are Economically and/or Sexually Exploited Based on Principles of Justice Purba, Melana; Mangesti, Yovita Arie
Jurnal Hukum dan Keadilan Vol. 2 No. 1 (2024): JHK-December
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v2i1.267

Abstract

This article examines the implementation of the right to restitution for child victims of economic and sexual exploitation. The goal is to assess how effectively the right to restitution is fulfilled for such victims, based on the analysis of Decision No. 331/Pid.Sus/2021/PN Yyk. It is a normative legal study with a prescriptive focus, utilizing both primary and secondary legal sources. The method of legal material collection involves a literature review with a case approach. The analysis is conducted using the syllogistic method and a deductive reasoning process. The findings reveal that the child victim received a restitution payment of Rp. 81,650,000. The decision by the Yogyakarta District Court, however, lacks clear legal certainty, as the charges presented before the trial were confirmed to be valid and compelling for the judge in reaching his decision. The judgment also reflects a sense of justice, as it addresses the victim's needs, including medical and psychological care, through a criminal decision that mandates compensation for the child victim.

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