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Desy Lusiyana
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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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Implementation of Legal Protection (Study of Decision Number: 5/Pid.Sus/2024/PN.Kng) for Children Who Are Sexually Abused Intan Cahyani, Mareta; Agustinus Sibarani, Frandes Surya; Muhammad Faishal, Adli; Ismayana, Ismayana; Waluyadi, Waluyadi
Jurnal Legisci Vol 1 No 6 (2024): Vol 1 No 6 June 2024
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v1i6.310

Abstract

The goal of this research is to outline the criminal penalties for those who engage in sexual activity with minors in terms of victim protection. The normative approach method is used in this investigation. Secondary data is used. Documents and literature are examined to implement data collection procedures. In the meantime, the analysis is descriptive and employs qualitative analysis. The study's findings indicated that the criminal penalties meted out to those who engage in sexual activity with minors do not fairly compensate for the victims' protection.
Normative Study On Criminal Liability Of The Captain For The Occurrence Of A Fatal Accident That Causes The Death Of A Person Satria Wibawa, Zakka; Lulu Hawazien, Asri; Maulana, Areza; Harmono, Harmono; Waluyadi, Waluyadi
Jurnal Legisci Vol 1 No 6 (2024): Vol 1 No 6 June 2024
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v1i6.311

Abstract

The purpose of this study is to describe criminal liability for the captain for the occurrence of fatal accidents that cause the death of people. The method provided uses a data normative law research approach using secondary data and techniques with document and literature studies. The study results show that the captain is the highest leader on a ship and is responsible for the occurrence of ship accidents unless it can be proven otherwise. The captain's criminal liability for a fatal accident is caused by technical, human, and natural factors. Ship accidents caused by technical and human factors result from a lack of caution (negligence) or a mistake. Because of the fulfillment of the elements of criminal liability, namely mistakes (schuld), being able to take responsibility, and the absence of excuses, the captain is burdened with criminal liability. Meanwhile, ship accidents caused by natural factors are included in noodtoestand. This force majeure circumstance is a reason for forgiveness in criminal law so that the captain is not burdened with criminal liability.
Comparative Legal Analysis of The Death Penalty Provisions In Indonesia: The State Of Pancasila Law's Perspective (Case Study of Law Numbers 1 Of 1946 And Law Number 1 of 2023 Concerning The Criminal Code) Kurniawan, Kurniawan; Kantikha, I Made; Markoni, Markoni; Nardiman, Nardiman
Jurnal Legisci Vol 1 No 6 (2024): Vol 1 No 6 June 2024
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v1i6.312

Abstract

The death penalty is one tool used by law enforcement to deal with significant crimes. Its purpose is to deter criminals from committing similar crimes in the future and to make those who have not engaged them feel fearful of doing so. Following the reforms, the Republic of Indonesia's legal politics evolved into one that supports democracy. The surface issues concern how the death sentence laws are seen from the standpoint of the Pancasila legal state. This study aims to compare regulatory policies regarding the death penalty from the perspective of Pancasila's legal system. Normative juridical research is the analytical tool employed to explore this issue. The findings of this study, specifically the death penalty clauses included in Law Number 1 of 1946 and Law Number 1 of 2023 governing the Criminal Code, contain many different things that were initially the basic criminal death penalty, which were changed to special criminal penalties. There are also several relationships and comparisons between certain crimes because the principle of legality is still in effect. In the Indonesian context, the view of life is Pancasila, a joint agreement or consensus between the majority of the Indonesian nation.
Criminological Aspects of Children as Perpetrators in the Crime of Trafficking in Persons (TPPO) Al Farizi, Fathan; Sairi, Sairi; Fatikhaturrizqiyyah, Tika; Waluyadi, Waluyadi; Hendra, Raden
Jurnal Legisci Vol 1 No 6 (2024): Vol 1 No 6 June 2024
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v1i6.313

Abstract

The goal of this study is to inform the public about the findings to support the adoption of laws that penalize those who engage in human trafficking. The study's focus is on legal criminology, namely how to apply punishments against those who commit crimes related to human trafficking and countermeasures against juvenile offenders. This study is about legal normative research. The data gathering technique was done through literature studies and interviews for primary data, document studies for secondary data, and interviews for secondary data. The primary data was used as supporting data. A qualitative analysis and descriptive presentation of the data are made. According to the study, there are several reasons why kids commit crimes related to human trafficking.
Perspective of Islamic Law and Ulama Polemics about Women Judges (Gender Analysis and Moderation of Fiqh) Kholiq, Achmad; Zein, Achyar; Haerany, Anne
Jurnal Legisci Vol 1 No 6 (2024): Vol 1 No 6 June 2024
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v1i6.314

Abstract

This study aims to investigate and debate the validity of women's opinions founded on the normative Islamic viewpoint known as fiqh. This research endeavor endeavors to scrutinize the arguments of various ulama, or Muslim scholars, concerning female judges while maintaining a foundation in fiqh, the body of Islamic law. This study's technique combines focus group discussions (FGD) and content analysis with qualitative approaches. FGD is held with numerous lecturers and specialists in Islamic law at the Faculty of Sharia and Law at Institut Agama Islam Negeri Syekh Nurjati Cirebon. The study's conclusions, which come from at least three well-known ulama or Muslim scholars, indicate that the debate among fiqh experts on the standing of women judges was affected by several factors.
Legal Protection For Housing Consumers Who Suffer Losses Due to Fictitious Land Sales: Abstract, INTRODUCTION, METHODS, DISCUSSION, CONCLUSION, BIBLIOGRAPHY Aprilianti, Viona; Kirana, Cindy Asya; Ardiansyah, Ferdi; Marlina, Tina; Handiriono, Raden
Jurnal Legisci Vol 2 No 1 (2024): Vol 2 No 1 August 2024
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v2i1.359

Abstract

Fictitious sales are practices that harm consumers and violate their rights, which have been protected and guaranteed by law. One of the cases that emerged was the sale of fake land by PT X in the Arjawinangun area, which caused losses for many consumers. This study examines the legal protection for consumers harmed by the sale of fake land and the legal steps taken by consumers for those who suffer losses due to the sale of counterfeit land. Normative juridical is the research method used in this study, which involves the study of regulations related to consumer legal protection and analyzing legal documents, including consumer protection laws. The research data was obtained from secondary data, namely the decision of the Cirebon District Court, using a data collection method through literature studies. The analysis shows that consumers have rights protected by law, including the right to be compensated for their losses. This study concludes that a law on consumer protection fosters consumers who are harmed by counterfeit sales; the law guarantees the right of consumers to receive correct information and prohibits the sale of goods and services that are not under the agreement. BPSK has to resolve disputes between consumers and perpetrators, where consumers can also file a lawsuit in the district court if fake sales harm them.
Analysis of The Effectiveness of Electronic Ticketing Lodaya In Enforcing Traffic Violations Ramadhan, Raihan Zalfa; ramadhani, arsyi; Yuzafilah, Belby; Gunawan, Moh. Sigit; Karina, Siska
Jurnal Legisci Vol 2 No 1 (2024): Vol 2 No 1 August 2024
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v2i1.392

Abstract

Rampant traffic violations have spurred the development of information system-based technology by the Indonesian National Police equipped with a network or website as its software or Electronic Traffic Law Enforcement (ETLE). Through ETLE Lodaya, people ticketed for traffic violations will be sent a letter. This electronic system is very different from the street's manual ticketing mechanism. This study aims to assess the effectiveness of the ETLE Lodaya system through the mechanism of the Electronic Ticket Lodaya system in the jurisdiction of the Cirebon City Police. The research method used in this writing is qualitative. The data collection technique was conducted by interviewing police members regarding traffic violations at the Cirebon City Police. The results of this study show that the use of Electronic Ticket Lodaya in the Cirebon City Police area has not been effective because of inhibiting factors that affect the effectiveness of the Electronic Ticket system, including the ETLE mechanism, which requires a long process, community disobedience to the rules.
The Jurisdiction of Civil Servants of The POM Agency in Investigating Drug and Food Circulation Crimes in Indonesia. Bariyah, Khoirotul
Jurnal Legisci Vol 2 No 1 (2024): Vol 2 No 1 August 2024
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v2i1.393

Abstract

Health growth has a crucial role in enhancing the quality of socially and economically productive individuals. By achieving optimal levels of public health, health advancement plays a crucial role in promoting economic growth and reducing poverty. The community's health and nutrition status is being enhanced through various initiatives, such as enhancing access to high-quality and inexpensive healthcare services, providing necessary healthcare resources, and empowering the community to participate in healthcare efforts actively. This study underscores the pivotal role of Civil Servants of the POM Agency in addressing drug and food circulation offenses, aiming to eliminate any violations of the Health Law restrictions in this regard. Investigation, as defined by this Law, is the systematic process conducted by investigators to search for and gather evidence to shed light on criminal acts and identify the culprit.
A Review of Feminist Legal Theory on Abortion Regulations for Rape Victims in Indonesia Asyrof, Muhammad Fiqri; Lukmanula, Fikri Rizki; Arya, Mohammad; Asmara, Teddy; Noupel, Muhammad
Jurnal Legisci Vol 2 No 1 (2024): Vol 2 No 1 August 2024
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v2i1.394

Abstract

The purpose of this study is to review and evaluate abortion regulations for rape victims, especially the requirements outlined in the Health Law and Government Regulation No. 61 of 2014 concerning Reproductive Health, using feminist legal theory as an analysis framework. This study uses an extra-doctrinal methodology outside the laws and regulations, emphasizing feminist legal theory as the basis of thought. The findings suggest that abortion regulations for rape victims still largely ignore women's life experiences and put them in difficult situations. The marginalization of women victims of rape in accessing safe abortion is a consequence of the gestational age limit for abortion, which fails to acknowledge the different experiences of women and treat them as a homogeneous group. To effectively address this issue, it is critical to involve the participation of women who have experienced rape, including victims of sexual violence, in the development of policies related to abortion for rape victims.
Legal Protection Against the Use of Brand Names for Geographical Indications on Trusmi Cirebon Batik Saefullah, Faiz; Kharisma, Icah; Riana Sari, Usri; Hidayat, Dudung; Ismayana
Jurnal Legisci Vol 2 No 1 (2024): Vol 2 No 1 August 2024
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v2i1.395

Abstract

The importance of conducting this research is because there is an allegation of violation of the law against the object of Geographical Indication registered as a brand name by an entrepreneur using the name "Batik Trusmi" because it contains things related to geographical indications such as the place of origin of goods, production area, type of goods and character owned by a place. The purpose and purpose of this study is to research an alleged violation in the naming of a registered trademark because it uses a name that is identical to a geographical indication with logical legal reasons and grounds based on a legal perspective, analyzing the certainty of legal protection for the name "Batik trusmi" which is used as a trademark through legal discovery based on the perspective of existing legal regulations, and provides important information to see the facts through the legal science possessed by the author. The method used in this study is normative juridical to examine the problem of trademark infringement with normative research, and the material collection technique used is a literature study including laws, scientific articles, doctrines, etc. The study's results elaborated on the problem that, based on the legal sources collected, the naming of trusmi batik as a registered trademark is contrary to a general naming and a geographical indication naming. It was found that the trusmi batik artisan community has sought a form of protest against the naming of trusmi batik through trademarks in familial ways but has not met maximum results.

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