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Feby Adzkari
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INDONESIA
LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan
ISSN : -     EISSN : 30480493     DOI : https://doi.org/10.08221/lexlaguens.v1i1.1
Core Subject : Social,
The scope of the articles published in this journal deals with a broad range of topics in the fields of Criminal Law, Civil Law, International Law, Constitutional Law, Administrative Law, Islamic Law, Economic Law, Medical Law, Customary Law, Environmental Law and another section related contemporary issues in law
Arjuna Subject : Ilmu Sosial - Hukum
Articles 47 Documents
PERLINDUNGAN HUKUM PERDATA DALAM PENANGANAN PENEMBAKAN PESAWAT SIPIL: STUDI KASUS DAN IMPLIKASI HUKUM Abu, Supri; Sudarto; Lumban Gaol, Selamat
LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan Vol. 3 No. 1 (2025): LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan (Februari)
Publisher : YAYASAN PENDIDIKAN DAN PELAYANAN KESEHATAN RAHMAT HUSADA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.08221/lexlaguens.v3i1.82

Abstract

This study aims to analyze civil legal protection in handling civil aircraft shootings and the settlement of civil legal disputes between the state, airlines, and victims, both based on international and national law. Civil aircraft shooting cases raise legal complexities that require effective protection for victims and fair dispute resolution. This study uses a normative juridical legal research method with a statute approach, conceptual approach, and case approach. The results of the study indicate that although there are international regulations such as the 1944 Chicago Convention and the 1999 Montreal Convention, as well as Law Number 1 of 2009 concerning Aviation in Indonesia, the implementation of legal protection still faces challenges, especially in the context of jurisdiction and political obstacles. Settlement of civil legal disputes in civil aircraft shooting cases can be done through international litigation, arbitration, mediation and settlement through insurance and compensation funds. This study recommends strengthening regulations, improving dispute resolution mechanisms, and increasing coordination between national and international laws to create better legal protection for victims.
TINDAKAN MELAWAN HUKUM ANALISIS TERHADAP BENTUK DAN EFEKTIVITAS REGULASI DALAM MENCEGAH ANCAMAN KESELAMATAN ANGKUTAN UDARA Sujono; Rahmat, Diding; Zein Sgn, Subhan
LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan Vol. 3 No. 1 (2025): LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan (Februari)
Publisher : YAYASAN PENDIDIKAN DAN PELAYANAN KESEHATAN RAHMAT HUSADA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.08221/lexlaguens.v3i1.83

Abstract

Illegal acts in aviation are a serious threat to air transport safety, which can have a broad impact on the global transportation system. This study aims to identify forms of illegal acts that can endanger aviation safety and analyze the effectiveness of existing legal regulations in dealing with them. The method used is normative legal research with a statutory approach and a conceptual approach. The results of the study indicate that forms of illegal acts that can endanger aviation safety include aircraft hijacking, smuggling of illegal goods, sabotage of aircraft or aviation infrastructure, negligence or violation of flight procedures, terrorism, use of drones for illegal purposes, and violations of passenger and cargo security. Existing legal regulations, such as the 1963 Tokyo Convention, the 1970 Hague Convention, the 1971 Montreal Convention, and Law No. 15 of 2003 concerning Criminal Acts of Terrorism, provide a strong legal basis in dealing with these threats. However, its effectiveness still requires improvement through consistent law enforcement, increasing the capacity of related institutions, and adapting to the development of new threats in the aviation sector.
PERTANGGUNGJAWABAN PIDANA BAGI PELAKU TINDAK PIDANA PENCURIAN DALAM KEADAAN MEMBERATKAN (ANALISIS PUTUSAN PENGADILAN NEGERI SUKADANA NOMOR: 36/Pid.B/2024/PN Sdn.) Arya Dwi Bangga, Cendys; Anita Sinaga, Niru
LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan Vol. 3 No. 1 (2025): LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan (Februari)
Publisher : YAYASAN PENDIDIKAN DAN PELAYANAN KESEHATAN RAHMAT HUSADA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.08221/lexlaguens.v3i1.93

Abstract

Crime is a deviant act, which has a reprehensible nature, so that this act often causes social reactions in society, while human efforts to completely eradicate this crime are often carried out, but the results are more likely to fail, so other efforts that can be made are by means of suppress or reduce the rate of crime. Several acts or acts that violate the law and disturb the peace and harmony of living together, one of which is the crime of theft accompanied by violence, which we can see almost every day in electronic media and in the mass media. As happened in the city of Lampung, which is still within the territory of the Sukadana District Court, which has the authority to examine and adjudicate, someone has taken something, which wholly or partly belongs to another person, with the intention of possessing it unlawfully, which was done by two or more people in partnership., which to enter the place of committing a crime, or to get to the goods taken, is done by breaking, cutting, or climbing, or by using a fake key, a fake order, or fake official clothes. The formulation of the research problem is how is the crime of theft regulated in aggravating circumstances based on Indonesian criminal law? And what is the criminal responsibility for perpetrators of criminal acts of theft in aggravating circumstances in the Sukadana District Court decision number: 36/pid.b/2024/PN.Sdn.? The research method used in this research is normative juridical legal research. The approach method used in this research is the statutory approach. Apart from that, the author also uses the conceptual approach method and the case approach method. The research results show that the regulation of criminal acts of theft in aggravating circumstances according to criminal law in Indonesia has been regulated and the decision of the Panel of Judges at the Sukadana District Court Number 36/Pid.B/2024/PN Sdn is in accordance and does not conflict with applicable regulations.
PENANGGULANGAN KEKERASAN YANG DILAKUKAN OLEH NARAPIDANA DI LEMBAGA PEMASYARAKATAN PEREMPUAN KELAS IIA JAKARTA Cristoper; Zein Sgn, Subhan
LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan Vol. 3 No. 1 (2025): LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan (Februari)
Publisher : YAYASAN PENDIDIKAN DAN PELAYANAN KESEHATAN RAHMAT HUSADA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.08221/lexlaguens.v3i1.94

Abstract

One of the cases of violence that occurs among prisoners is a problem that has not been resolved until now. The problems include the legal regulations regarding violence committed by female prisoners in the Class IIA Jakarta Penitentiary and the procedures for dealing with violence between female prisoners in the Class IIA Jakarta Penitentiary? The purpose of this study was to determine the handling of violence between female prisoners in the Class IIA Jakarta Penitentiary. This research method uses normative research, namely research conducted by analyzing written laws from library materials or secondary data. The results of this study concluded that the legal regulations regarding violence committed by female prisoners in the Class IIA Jakarta Penitentiary are regulated in Law Number 22 of 2022 concerning Corrections, Government Regulation Number 99 of 2012 concerning Amendments to Government Regulation No. 32 of 1999 concerning Requirements and Procedures for the Implementation of the Rights of Correctional Residents, Regulation of the Minister of Law and Human Rights of the Republic of Indonesia No. 33 of 2015 concerning Security in Prisons and Detention Centers, namely Security and Order Disturbances and SOP for Class II A Jakarta Prisons No. W.10.PAS.PAS.4-OT.02.02-2024 which contains the imposition of Disciplinary Punishments on Inmates. Handling violence between female prisoners in Class IIA Jakarta Women's Penitentiary Organizing educational programs that focus on awareness of violence, installing surveillance cameras in strategic areas and conducting routine patrols. The suggestion of this research is that the Government through regulations in the form of Government Regulations or Ministerial Regulations regulate strict sanctions for prisoners who violate or still commit acts of violence in prisons.
PERTANGGUNGJAWABAN PIDANA TERHADAP PELAKU PENYALAHGUNAAN NARKOTIKA (STUDI KASUS PUTUSAN NO 1793/PID.SUS/2020/PN.MKS) Pramono Aji, Danang; Anita Sinaga, Niru
LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan Vol. 3 No. 1 (2025): LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan (Februari)
Publisher : YAYASAN PENDIDIKAN DAN PELAYANAN KESEHATAN RAHMAT HUSADA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.08221/lexlaguens.v3i1.95

Abstract

Drug abuse in Indonesia is very complex. The author distinguishes between abuse and distribution of narcotics as stated in Decision No. 1793/Pid.Sus/2020/PN.Mks. The formulation of the problem in this study is 1) how is the regulation of drug abuse in Indonesia and 2) how is the application of criminal law based on Decision No. 1793/Pid.Sus/2020/PN.Mks? The aim is to find out the regulation of drug abuse in Indonesia and the application of criminal law based on Decision No. 1793/Pid.Sus/2020/PN.Mks. Using a normative legal research method, this study analyzes written laws from library materials or secondary data. The results of the study show that the regulation of drug abuse in Indonesia includes various laws and regulations, namely Article 111 paragraph (1) in conjunction with Article 132 paragraph (1) of Law Number 35 of 2009 concerning Narcotics and Article 127 paragraph (1) letter a of Law Number 35 of 2009 concerning Narcotics. In addition, the 2023 Criminal Code, Article 622 paragraph (15) also explicitly regulates criminal liability for perpetrators of drug abuse. Therefore, the Article in Law Number 35 of 2009 concerning Narcotics is declared invalid. In Decision No. 1793/Pid.Sus/2020/PN.Mks with the defendant Cakra Wira Darma alias Cakra bin Sudirman sentenced by the judge to 11 (Eleven) Months in prison, and the defendant underwent treatment and/or care through medical rehabilitation for 4 (Four) Months at the BNN Baddoka Rehabilitation Center, Makassar City. The Panel of Judges also determined that the length of time the defendant underwent treatment and/or care through medical rehabilitation was calculated as the period of serving the sentence.
AKIBAT HUKUM BAGI PELAKU PENYEBARAN INFORMASI PALSU (HOAX) BERDASARKAN UU ITE Prasetyo Wibowo, Dedi; Sudarto
LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan Vol. 3 No. 1 (2025): LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan (Februari)
Publisher : YAYASAN PENDIDIKAN DAN PELAYANAN KESEHATAN RAHMAT HUSADA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.08221/lexlaguens.v3i1.96

Abstract

This research examines the legal consequences for perpetrators of spreading false information (hoaxes) based on the Electronic Information and Transactions Law (ITE Law) in Indonesia. The phenomenon of spreading hoaxes has become a serious problem in the digital era, causing unrest and potential conflict in society. The ITE Law is the main instrument in the government's efforts to deal with hoax cases in the digital realm. This study analyses the provisions of the ITE Law that regulate the dissemination of false information, particularly Article 28 paragraphs (1) and (2) and Article 45A. The results show that perpetrators of spreading hoaxes can be subject to criminal sanctions in the form of imprisonment for a maximum of 6 years and/or a fine of up to 1 billion rupiah. However, the application of this law still faces challenges, including a vague definition of hoax, difficulty in proving the element of intent, and concerns over restrictions on freedom of expression. The study also identifies inconsistencies in court decisions related to hoax cases, leading to a debate on the balance between combating hoaxes and protecting fundamental rights. The study concludes that while the ITE Law provides a strong legal basis for cracking down on perpetrators of hoaxes, regulatory improvements and a more comprehensive approach are needed to address the complexity of this issue in the digital age.
SANKSI PIDANA TERHADAP PENGUSAHA YANG MEMBAYAR UPAH DI BAWAH KETENTUAN UPAH MINIMUM (STUDI KASUS PUTUSAN NOMOR 109/PID.SUS/2020/PN.CBI) Nugraha Putra, Dhika; Asri, Ardison
LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan Vol. 3 No. 1 (2025): LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan (Februari)
Publisher : YAYASAN PENDIDIKAN DAN PELAYANAN KESEHATAN RAHMAT HUSADA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.08221/lexlaguens.v3i1.97

Abstract

Employment development is a very important part of national development and is carried out as part of the overall development of Indonesian people and society to create a prosperous, just, and evenly distributed society, both materially and spiritually, based on Pancasila and the 1945 Constitution. Therefore, it is very interesting and important to further examine how the application of Article 81 point 66 of the Republic of Indonesia Law Number 6 of 2023 regarding the Stipulation of Government Regulation in Lieu of Law Number 2 of 2022 on Job Creation into Law against business actors who do not pay wages below the minimum wage provisions? And how is the application or implementation of criminal sanctions in Decision Number 109/Pid.Sus/2020/PN.Cbi related to employers who pay wages below the minimum wage provisions? To answer these issues, this legal research uses normative juridical research methods. This research uses the statutory approach, case approach, and conceptual approach. The type of data in this study is Secondary Data. The data collection technique used in this research is library research. Sources of Legal Materials include Primary Legal Materials, Secondary Legal Materials, and Tertiary Legal Materials. Data Analysis Techniques. Data analysis in this study is a qualitative analysis method. The results of the study found that the determination of the minimum wage is an important policy implemented by the government to protect workers from economic exploitation.
PELAKSANAAN ELECTRONIC TRAFFIC LAW ENFORCEMENT (ETLE) PADA DITLANTAS POLDA METRO JAYA Ferdyandaru Ardhya Pratama, Dicky; Gultom, Potler
LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan Vol. 3 No. 1 (2025): LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan (Februari)
Publisher : YAYASAN PENDIDIKAN DAN PELAYANAN KESEHATAN RAHMAT HUSADA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.08221/lexlaguens.v3i1.98

Abstract

An increase in the number of motorized vehicles which is directly proportional to the number of traffic violations is a common phenomenon. The Electronic Traffic Law Enforcement (ETLE) system is a modern initiative in handling traffic violation cases committed by the police. This system uses technology to detect, record and take action against traffic violations electronically. Electronic Traffic Law Enforcement (ETLE) is a traffic law enforcement system that uses CCTV camera technology to detect and record traffic violations automatically. ETLE (Electronic Traffic Law Enforcement) is a modern system that utilizes electronic technology to carry out traffic supervision and law enforcement. This research will discuss the Implementation of Electronic Traffic Law Enforcement (ETLE) at the Polda Metro Jaya Traffic Directorate and the Obstacles to the Implementation of Electronic Traffic Law Enforcement (ETLE) at the Metro Jaya Police Traffic Directorate. The legal research method used is a normative juridical legal research method supported by empirical data. Using a statutory approach and a conceptual approach. obtained from primary, secondary and tertiary legal material sources. Implementation of Electronic Traffic Law Enforcement (ETLE) at the Traffic Directorate of Polda Metro Jaya, namely Installation of CCTV Cameras, Data Integration, Confirmation Letters, Action against Violations and Payment of Fines. Obstacles in the Implementation of Electronic Traffic Law Enforcement (ETLE) at the Traffic Directorate of Polda Metro Jaya are Lack of Facilities and Infrastructure, Data Incompatibility, Lack of Socialization to the Community, Limited Personnel for Supervising Electronic Traffic Law Enforcement (ETLE) and Public Awareness in Low Traffic.
PENEGAKAN HUKUM BALAP LIAR MOTOR ANAK DI WILAYAH POLDA METRO JAYA Agung Prasetyo, Dimas; Gultom, Potler
LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan Vol. 3 No. 1 (2025): LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan (Februari)
Publisher : YAYASAN PENDIDIKAN DAN PELAYANAN KESEHATAN RAHMAT HUSADA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.08221/lexlaguens.v3i1.99

Abstract

Illegal street racing is a social issue. Street racing is a race conducted outside official circuits, on public roads or other open areas not designated for racing. Street racing often involves various types of vehicles, including cars, motorcycles, and bicycles. This activity is frequently unregulated by law or lacks official permits, and is deemed highly dangerous for participants and the general public due to non-compliance with applicable rules. Sanctions can be imposed. The juridical-normative research employs primary and secondary data. The discussion results in law enforcement efforts both through preventive and repressive measures. According to Law Number 22 Year 2009, punitive measures include a fine of Rp. 3,000,000.00 under Article 309, and, to serve as a deterrent effect, the police can impound vehicles for two months. A managerial challenge faced by the Police is the passive or indifferent attitude of some members of the public towards illegal motorcycle racing actions.
PERAN PENYIDIK DALAM PENYIDIKAN TINDAK PIDANA PERDAGANGAN ORANG (STUDI KASUS DI WILAYAH HUKUM POLRES METRO JAKARTA BARAT PERIODE 1 JANUARI 2023 S/D 31 DESEMBER 2023) Riza Rachman, Dimas; Lumban Gaol, Selamat
LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan Vol. 3 No. 1 (2025): LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan (Februari)
Publisher : YAYASAN PENDIDIKAN DAN PELAYANAN KESEHATAN RAHMAT HUSADA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.08221/lexlaguens.v3i1.100

Abstract

Investigating the crime of human trafficking is a series of actions carried out by investigators looking for and collecting evidence, with this evidence becoming clear about the crime that occurred. This was done to eradicate the crime of human trafficking. In this research, we will discuss the regulation of criminal acts of human trafficking based on national and international criminal law and obstacles for investigators in investigating criminal acts of human trafficking in the jurisdiction of the West Jakarta Metro Police for the period 1 January 2023 to 31 December 2023. The legal research method used is the normative juridical legal research supported by empirical data. Using a statutory approach and a conceptual approach. obtained from primary, secondary and tertiary legal material sources. Regulation of the Crime of Human Trafficking Based on the National Criminal Law currently in force is regulated in Law Number 21 of 2007 concerning the Eradication of Human Trafficking and Investigation of the Criminal Act of Human Trafficking Based on the Indonesian Criminal Law currently in force, regulated in the Republic of Indonesia State Police Regulation Number 6 of 2019 concerning Investigation of Criminal Acts and in the future it will be regulated in Article 455 of Law Number 1 of 2023 concerning the Criminal Code and Regulation of Criminal Acts of Human Trafficking based on International Law, namely the Palermo Protocol, the Convention on the Elimination of All Forms of Discrimination Against Women (Convention on the Elimination of Discrimination Against Women/CEDAW) and Forced Labor Convention Obstacles for Investigators in Investigating Crimes of Human Trafficking in the Legal Area of the West Jakarta Metro Police for the Period 1 January 2023 to 31 December 2023 include Victims Not Wanting to Report, Lack of Human resources for investigators, cooperation between institutions is less than optimal and cooperation between countries is lacking.