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Journal Of Law Sciences (Legisci)
Published by Ann Publisher
ISSN : 30327555     EISSN : 30309549     DOI : https://10.62885/legisci.v1i2
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
a peer-reviewed journal that publishes scientific articles in the field of law. Articles published in the Legisci Journal include the results of original scientific research (top priority), new scientific review articles (not priority), and the results of studies in the field of law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 75 Documents
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Suspects' Rights to Demand Compensation for Unlawful Detention at Cirebon Police Station Febriyanto, Zefri
Jurnal Legisci Vol 1 No 4 (2024): Vol 1 No 4 February 2024
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v1i4.190

Abstract

Law enforcement is one of the efforts to achieve or create order, security, and tranquility in society, both as an effort to prevent and eradicate or enforce a violation of the law. Criminal offense is a term derived from the Dutch translation of strafbaarfeit. The word strafbaarfeit was later translated into various languages in Indonesian. Some words used to translate strafbaarfeit by scholars in Indonesia include criminal acts, delicacies, and criminal acts. The type of research the author uses is descriptive writing, which provides data that is as thorough as possible about humans, conditions, or other symptoms. The point is to reinforce the hypothesis to help strengthen the old theory or within the framework of compiling new theories. The results of this study showed that in 2017, there was one pretrial application, and the judge's decision showed that it was not granted, while in 2018, there was no pretrial application. In 2019, there were also no pretrial applications, while in 2020, there were two pretrial applications, and the judge's decision showed that one pretrial application was granted and one was not. Implementing the fulfillment of the rights of suspects demanding compensation for unlawful detention in Cirebon Regency has not been optimal.
The Strategic Role of the TNI in Preventing the Development of Radicalism in Indonesia in the Perspective of Law 34 of 2004 Suharyanto, Suharyanto; Sugianto, Sugianto
Jurnal Legisci Vol 1 No 4 (2024): Vol 1 No 4 February 2024
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v1i4.191

Abstract

In the Law of the Republic of Indonesia number 3 of 2002 concerning national defense, it is said that national defense is prepared early to face existing threats. The purpose of state defense is to maintain and protect state sovereignty, maintain the territorial integrity of the Republic of Indonesia, and maintain the safety of the entire nation from all forms of threats both from outside and from within the country. The threats in question are divided into 3: military, non-military, and hybrid. Meanwhile, according to the priority scale, threats are divided into 2: actual threats and potential threats. One of the actual threats that occur in Indonesia can be seen from the problems of terrorism and radicalism that still often occur in various regions and communities in Indonesia. In the Law of the Republic of Indonesia number 34 of 2004, it is stated that the TNI in carrying out its primary duties is carried out through war military operations and military operations other than war, where in more detail in article 7 paragraph (2) point (b) states that one of the military operations other than war (OMSP) is to overcome acts of terrorism, which according to the Center for Studies The TNI strategy in its study on the role of the TNI in preventing the development of radicalism, terrorism is deeply rooted in radicalism.
The Power of Scientific Evidence in the Evidence System for Forest and Land Cases Kusmiharsono, Didik; Sura Anabertha Sembiring, Malemna
Jurnal Legisci Vol 1 No 4 (2024): Vol 1 No 4 February 2024
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v1i4.192

Abstract

The development of evidence in cases of land and forest fires is regulated in Article 96 of Law Number 32 of 2009 concerning Environmental Protection and Management. In regulating the extent of evidence in environmental cases, the Supreme Court through Decree of the Chief Justice No.36/KMA/SK/II/2013 concerning the Implementation of Guidelines for Handling Environmental Cases. The research in this study is normative juridical legal research or library research. Meanwhile, the literature review uses various secondary data such as primary legal materials. The results of the study show that regulations on the use of scientific evidence (scientific evidence) as evidence in land and forest fire cases are contained in Laws, Ministerial Regulations and Supreme Court Decisions regarding the use of scientific evidence (scientific evidence) as evidence in land fire cases. The obstacle in using scientific evidence (scientific evidence) as evidence in land and forest fire incidents is that the causal relationship element is very difficult to prove so it requires scientific evidence.
Criminological Analysis of LGBT Acts Committed by Unscrupulous Soldiers Saadi, Anwar; Sugianto, Sugianto; Usman, Usman
Jurnal Legisci Vol 1 No 4 (2024): Vol 1 No 4 February 2024
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v1i4.193

Abstract

Today, there is a phenomenon of deviation in the behavior of social life of the community known as Lesbian, Gay, Bisexual, and Transgender (LGBT). It is strongly felt that the pattern of life in the LGBT phenomenon is a deviation from the social norms, religion, and ideology of Pancasila. From the aspect of positive law, no law can be applied to punish perpetrators of LGBT acts. What comes to the surface is precisely the pros and cons of the perspective on LGBT acts, whether they are included in the issue of violations of the law, are part of human rights, or deviations of social behavior, or just deviations of sexual orientation. Pro-LGBT groups stated that there should be no discrimination against LGBT groups, whether men, women, transgender, opposite-sex lovers, or same-sex lovers, because it is considered a human right. For the contra group to have a criminological point of view that LGBT acts are violations of the law, not part of human rights aspects, LGBT is a violation of standard norms of life, contrary to morals and ethics, is a sin according to religion, and is a threat to the cultural and ideological values of a nation. LGBT acts also occur by TNI soldiers. Lawmakers must be able to formulate the rule of law in providing guarantees of certainty, justice, and benefit for the Indonesian people in overcoming LGBT developments that are a threat to the life of the Indonesian nation. LGBT perpetrators of TNI Soldiers must be given strict sanctions because these actions are contrary to the code of ethics of TNI Sapta Marga Soldiers and the Soldier's Oath.
Certainty of the Death Penalty in Terrorism Crimes from the Perspective of International Criminal Law Satria Bintang, Angga; Helvis, Helvis
Jurnal Legisci Vol 1 No 4 (2024): Vol 1 No 4 February 2024
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v1i4.194

Abstract

Terrorism is an extraordinary crime which is classified as a crime against humanity (Crime Against Humanity), and is a serious threat to the supervision of every country because terrorism is an international crime which poses a danger to security, world peace and is detrimental to the welfare of society. It needs to be eradicated systematically. planned and sustainable so that the human rights of many people can be protected and upheld. The aim of this research is to find out the certainty of the Death Penalty in Terrorism crimes from an International Criminal Law Perspective and to find out regarding Human Rights to the certainty of the Death Penalty in Terrorism Crimes from an International Criminal Law Perspective. Data collection in legal writing is library research (library research). The debate regarding the death penalty is also related to the right to life which in international legal instruments and in the 1945 Constitution is included in the category of rights that cannot be reduced under any circumstances (non-derogable rights). The practice of capital punishment in Indonesia is still considered class biased and discriminatory. because in both the Criminal Code and the ICCPR the death penalty is permitted for the most serious types of crimes, including the crime of terrorism.
Measuring Readiness to Welcome a Golden Indonesia (2045): Analysis of the Implementation of Pancasila Economics and its Legal Umbrella Alfiani, Novita; Al Akhdloriy, Abdurrahman; Mawardi, Chalik
Jurnal Legisci Vol 1 No 5 (2024): Vol 1 No 5 April 2024
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v1i5.238

Abstract

A factor that can support the accomplishment of the Indonesian state's objectives is the economic application of Pancasila. From Mohammad Hatta's worldview, the Pancasila economy is a force that can support the accomplishment of national objectives. To attain national objectives, create a modern, wealthy, and prosperous Indonesia. Normative legal research is what this study is. According to the research, cooperatives have Pancasila economic values and are vital to the country's economy. A more appropriate reflection of the family-based and Pancasila-based economic system model of economic law development can be seen in creating cooperatives to address issues that provide difficulty for foreign investment. In order to fulfill the dream of Indonesia's golden years, it can significantly influence the country's economic growth in 2045.
Dive Deeper into the Nature of Corruption through an Interdisciplinary Lens Suparman, Omang; Kusuma Dewi, Elya; Anisah Supandi, Tuti
Jurnal Legisci Vol 1 No 5 (2024): Vol 1 No 5 April 2024
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v1i5.239

Abstract

Numerous scholars have conducted interdisciplinary studies from theoretical and empirical viewpoints to tackle the complex corruption issue. Presenting opinions from other disciplines, this study provides a comprehensive and current analysis of the recent literature on corruption. More specifically, the writers clarified corruption by merging viewpoints from several fields, including criminology, psychology, and economics. Through an organized investigation of the origins and effects of corruption at the human, corporate, and societal levels, we may comprehend the elements that lead to corrupt behavior and its substantial influence.
Wage Discrimination Against Women PAUD Teachers Ismiati, Saptosih; Wafa Azizah, Ersya Aqila
Jurnal Legisci Vol 1 No 5 (2024): Vol 1 No 5 April 2024
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v1i5.240

Abstract

PAUD instructors typically work with a female student body. This is because, from a societal standpoint, women are viewed as kind, meticulous people, making this work appropriate for them. PAUD instructors are entitled to a wage structure that guarantees their economic and social well-being until their earnings are insufficient. In terms of norms, the government has established laws that ensure the rights of all workers; nonetheless, social differences in women's earnings continue to exist. It would, therefore, remain challenging to address the issue of PAUD teachers' low pay if the regulations are set solely by statutory regulations and no steps are taken to ensure its implementation.
Independence of Judges in Deciding Criminal Cases Perspective on the Principle of Legality Maskanah, Ummi
Jurnal Legisci Vol 1 No 5 (2024): Vol 1 No 5 April 2024
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v1i5.241

Abstract

Judges' independence in resolving criminal cases ensures justice and legal certainty inside the legal system from the standpoint of the legality principle. Independence from unlawful interference, autonomy in interpreting the law, and independence from internal and external pressure are all included. Judges must be strengthened to enhance the concept of judges' independence as much as possible. The legality concept can be seen in judges' suitable and effective resolution of criminal cases, which results in justice and legal certainty. To gain a complete picture of judges' independence in making decisions about criminal cases from the standpoint of legality principles, this study employed a normative juridical approach method, utilizing secondary data gathered through literature research with primary, secondary, and tertiary legal materials. The data was then analyzed using qualitative juridical methods. As a foundation for guaranteeing justice in the legal system, the study's findings indicated that judges' independence in resolving criminal cases from a legal standpoint is crucial. The legality principle, which highlights the idea that there can be no crime without law, must serve as the foundation for judges' independence in making decisions on criminal matters. In order to protect the defendant and uphold justice and legal certainty, the judge is not allowed to overstep or break any of the legal restrictions placed to stop abuse of authority. Beyond imposing penalties that fall short of the legal minimum, judges are also constrained by the idea of legality. Researchers contend that material legality, which emphasizes community-felt justice through ideas like restorative justice, should be added to the definition of legality. More research is still needed on this transition.
Questioning the Criminal Threat Formulation Policy on Electoral Crime Waluyadi, Waluyadi
Jurnal Legisci Vol 1 No 5 (2024): Vol 1 No 5 April 2024
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v1i5.242

Abstract

Law Number 10 of 2016 should be formulated differently from other laws, as it pertains to the second amendment to Undan-Law Number 1 of 2015, which stipulates government regulations instead of Law Number 1 of 2014, which deals with the election of governors, regents, and mayors into Law. The enactment of the Law coincides with the conduct of elections, which is not less significant, and the Law's unique nature makes it so that regional head election activities are essentially administrative. The Law is enacted every five (five) years. It is essential to take these specifics into account when forming. Both at the time of application and execution, poorly formulated policies will have consequences. Furthermore, the issue that this tulip will highlight is how the Law's policy was formulated, particularly regarding the inclusion of criminal threats for those who commit electoral offenses. This study uses a normative methodology. It is a qualitative kind of study. Secondary data is what is utilized. Researching the literature is how data is gathered. Presenting the facts in a descriptive format, the analysis is prescriptive. As per the study's findings, electoral crimes are defined as administrative infractions or crimes against election provisions. The legal penalties for electoral crimes consist of imprisonment and fines, with no enforcement measures. Election crime resolution is comparatively quick and applies across Indonesia without considering the specific circumstances in each area.

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