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LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan
Published by Yayasan Pendidikan Dan Pelayanan Kesehatan Rahmat Husada
ISSN : -     EISSN : 30480493     DOI : https://doi.org/10.08221/lexlaguens.v1i1.1
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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
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PENEGAKAN HUKUM ATAS TINDAK PIDANA PENGGUNAAN BAHAN PELEDAK (BOM IKAN) DALAM PENANGKAPAN IKAN DI WILAYAH PERAIRAN LAUT INDONESIA Alvi Kaban, Muhammad; Harahap, M.Syahnan
LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan Vol. 2 No. 1 (2024): LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan (Februari)
Publisher : YAYASAN PENDIDIKAN DAN PELAYANAN KESEHATAN RAHMAT HUSADA

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Abstract

Indonesian regulations have an extraordinary spirit in eradicating fishing with explosives (fish bombs) by creating Law 31 of 2004 in conjunction with Law 45 of 2009 concerning Fisheries. Therefore, it is very interesting and important to further study how to regulate the criminal act of using explosives (fish bombs) in fishing in Indonesian sea waters? And the law enforcement of the criminal act of using explosives (fish bombs) in fishing in Indonesian sea waters? To answer this problem, a normative juridical legal research method was used with a statutory and conceptual approach method. Data obtained from primary, secondary, and tertiary legal sources were collected and then analyzed using qualitative data analysis techniques. From the results of the study, it was found that the regulation of the criminal act of using explosives (fish bombs) in fishing in Indonesian sea waters is regulated in Article 8 of Law 31 of 2004 in conjunction with Law 45 of 2009. Violation of the provisions of Article 8 is a criminal act as regulated in Article 84 of Law 31 of 2004 in conjunction with Law 45 of 2009. Meanwhile, law enforcement for criminal acts of using explosives (fish bombs) in fishing in Indonesian waters is carried out through preventive and repressive efforts. Preventive efforts made by the government are as follows: 1) Legal counseling; 2) Water Patrol; 3) Development of Marine Surveillance Facilities. The repressive efforts made in law enforcement for criminal acts of using explosives (fish bombs) are in the form of action in the waters; investigation and prosecution of perpetrators of criminal acts of using explosives (fish bombs).
ANALISA PENGAMANAN DALAM LEMBAGA PEMASYARAKATAN KELAS I CIPINANG BERDASARKAN UNDANG - UNDANG NOMOR 22 TAHUN 2022 TENTANG PEMASYARAKATAN Paslah Dwi Anggara, Rio; Gultom, Potler
LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan Vol. 2 No. 1 (2024): LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan (Februari)
Publisher : YAYASAN PENDIDIKAN DAN PELAYANAN KESEHATAN RAHMAT HUSADA

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Abstract

Security conditions in correctional institusion are the main reference for the implementation of various activities in correctional institutions. In Article 1 Paragraph 13 of Law No. 22 of 2022, it is stated that Security is all forms of activities in order to prevent, enforce, and recover security and order disturbances that are held to create safe and orderly conditions in state prisons and correctional institutions. In this study, the author will discuss the Implementation of Security in the Cipinang Class 1 Correctional Institution based on Law Number 22 of 2022 and the obstacles encountered in the Implementation of Security in the Cipinang Class 1 Correctional Institution. The legal research method used is the normative juridical legal method. The Cipinang Class I Correctional Institution is considered to meet the characteristics of Security regulated in Article 82 paragraph 2 of Law No. 22 of 2022 as it already has a security system with capabilities equipped with finger and face recognition, and there are CCTV and other detection tools to tighten security and obstacles in the implementation of security and order in the Cipinang Class I Correctional Institution such as the number of inmates who are over capacity, the quality of human resources and infrastructure facilities that are still lacking, and so on. It is recommended that prison officers must fully carry out their duties and responsibilities, so that security and order disturbances in the form of crimes and violations committed by insiders and outsiders are minimal. And supported by the Head of the Regional Office and the Head of the Pas Division for facilities and infrastructure.
PELAKSANAAN PEMBINAAN KEMANDIRIAN BAGI NARAPIDANA DI LAPAS PEREMPUAN KELAS IIA JAKARTA (PERIODE 1 MEI SAMPAI 31 JULI 2024) Amaliah, Fitri; Anita Sinaga, Niru
LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan Vol. 2 No. 1 (2024): LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan (Februari)
Publisher : YAYASAN PENDIDIKAN DAN PELAYANAN KESEHATAN RAHMAT HUSADA

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Abstract

The correctional system is organized for the purpose of improving the quality of personality and independence of inmates. One of the correctional systems is personality development carried out at the Class IIA Jakarta Women's Prison. The problem regarding personality development is an inhibiting factor in the implementation of independence development for inmates at the Class IIA Jakarta Women's Prison. What is the solution to the implementation of independence development for inmates at the Class IIA Jakarta Women's Prison? The purpose of this study was to determine the solution to the implementation of independence development for inmates at the Class IIA Jakarta Women's Prison. This research method uses normative research, namely research conducted by analyzing written laws from library materials or secondary data. The implementation of independence development for inmates at the Class IIA Jakarta Women's Prison (Period 1 May to 31 July 2024) is to organize a socialization campaign to educate the public about the importance of rehabilitation and reintegration of inmates. Finally, by streamlining administrative procedures by eliminating unnecessary steps and accelerating the licensing and approval process and implementing a digital administration system to reduce overlapping work and accelerate data and document processing. Inhibiting factors in the implementation of independence coaching for inmates at Class IIA Jakarta Women's Prison are from officers and experts in the prison. Then there are factors from inmates, community factors, facilities and infrastructure factors and administrative factors. To overcome these obstacles, it is done by sending officers to attend technical correctional and administrative training, and holding motivational programs, such as seminars, workshops, and counseling sessions aimed at increasing the spirit and motivation of inmates.
IMPLEMENTASI HUKUM ATAS PENYALAHGUNAAN NARKOTIKA OLEH ANGGOTA KEPOLISIAN REPUBLIK INDONESIA BERDASARKAN UNDANG UNDANG NOMOR 35 TAHUN 2009 TENTANG NARKOTIKA Bagus Ricky Pratama, Gede; Sudarto
LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan Vol. 2 No. 1 (2024): LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan (Februari)
Publisher : YAYASAN PENDIDIKAN DAN PELAYANAN KESEHATAN RAHMAT HUSADA

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Abstract

The police as executors and law enforcers have the task of maintaining security within the Republic of Indonesia and are given the authority to prevent and eradicate criminal acts. The aim of this research is to examine and analyze law enforcement against police officers who commit criminal acts of narcotics abuse based on Law Number 35 of 2009 concerning Narcotics. This research is normative juridical research, using a statutory approach, conceptual approach and case approach. Regarding members of the police who commit narcotics abuse, these members of the National Police will file a case and undergo two types of judicial processes, namely general justice (the criminal justice process for members of the National Police of the Republic of Indonesia is generally carried out according to procedural law applicable in general courts). The second is disciplinary violators, and the third is disciplinary regulations. This disciplinary regulation is implemented when a court decision which has permanent legal force is then used as evidence to Propam regarding the violation committed. Based on Circular Letter Number: SE/9/V/2021 concerning Standard Guidelines for Implementing Violations of the POLRI Professional Code of Ethics, namely that drug abuse, including serious violations, can be recommended for Dishonorable Dismissal (PTDH), because drug violations are extraordinary criminal acts and constitute a common enemy that can damage the nation's generation and must be eradicated. Regarding members of the police who commit narcotics abuse, these members of the National Police will file a case and undergo two types of judicial processes, namely general justice (the criminal justice process for members of the National Police of the Republic of Indonesia is generally carried out according to procedural law applicable in general courts).
PERLINDUNGAN HAM BAGI ANGGOTA POLRI YANG MELAKSANAKAN TUGAS PENGAMANAN UNJUK RASA BERDASARKAN UNDANG - UNDANG NOMOR 39 TAHUN 1999 TENTANG HAM Bintang Pamungkas, Ghozali; Sudarto
LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan Vol. 2 No. 1 (2024): LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan (Februari)
Publisher : YAYASAN PENDIDIKAN DAN PELAYANAN KESEHATAN RAHMAT HUSADA

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Abstract

Demonstrations are activities carried out by one or more people to express their thoughts verbally, in writing and so on demonstratively in public. It is not uncommon for demonstrations to result in riots against members of the National Police. Protection of Human Rights for members of the Indonesian National Police in securing demonstration duties is an important aspect that must be considered. This research will discuss the protection of human rights for members of the National Police who carry out security duties at demonstrations and the obstacles faced by members of the police in dealing with demonstrations. 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. Human Rights are a set of rights that are inherent in the nature and existence of humans as creatures of God Almighty and are His gifts that must be respected, upheld and protected by the state, law, government and everyone for the sake of honor and protection of human dignity. including members of the National Police. Protection of Human Rights for Police Members Carrying Out Demonstration Security Tasks includes the Right to Life, the Right to Obtain Justice in the Legal Process, the Right to obtain legal assistance and the Right to Obtain Protection from Violence. Obstacles faced by members of the National Police in dealing with demonstrations include lack of personnel, lack of equipment, anarchic attitude of the masses, provocations and bad weather.
PENGATURAN DAN PERTANGGUNGJAWABAN PIDANA ANAK SEBAGAI PELAKU TINDAK PIDANA NARKOTIKA JENIS TEMBAKAU SINTESIS DALAM HUKUM PIDANA INDONESIA Pardamean Pardede, Honeston; Lumban Gaol, Selamat
LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan Vol. 2 No. 1 (2024): LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan (Februari)
Publisher : YAYASAN PENDIDIKAN DAN PELAYANAN KESEHATAN RAHMAT HUSADA

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Abstract

One of the problems that occurs includes the abuse of Class I narcotics, a type of synthetic tobacco which is often used by minors. The formulation of the problem 1) How is the regulation of synthetic tobacco narcotics crimes committed by children? and 2) What is the criminal responsibility of children as perpetrators of synthetic tobacco-type narcotics crimes? This research method uses normative research, namely research carried out by analyzing written laws from library materials or secondary data that is processed and analyzed qualitatively. The results of this research concluded that the regulation of criminal acts of misuse of synthetic tobacco narcotics by children falls into the category I non-plant narcotics as stated in Article 112 paragraph (1) of Law Number 35 of 2009 concerning Narcotics. Article 112 paragraph (1) has been abolished and replaced with Article 609 paragraph (1) letter a as stipulated in Article 622 paragraph (15) letter a of Law Number 1 of 2023 concerning the Criminal Code (KUHP). With the enactment of Article 622 paragraph (15) of the 2023 Criminal Code, strengthening this provision by including it in the Criminal Code, which is a codification of criminal law in Indonesia, Article in Law Number 35 of 2009 concerning Narcotics is declared invalid. Settlement of criminal liability by minors in narcotics cases is regulated in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System which explains that. The suggestion of this research is that it is hoped that the regulation and handling of synthetic tobacco narcotics abuse by children requires a comprehensive approach in order to achieve optimal recovery for children involved in narcotics abuse and prevent similar cases from occurring in the future.
PENEGAKAN HUKUM TINDAK PIDANA KEKERASAN DALAM RUMAH TANGGA (ANALISIS PUTUSAN PENGADILAN NEGERI BATAM NOMOR 755/PID.SUS/2023/PN BTM) Ghifary Shahab, Husein; Lumban Gaol, Selamat
LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan Vol. 2 No. 1 (2024): LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan (Februari)
Publisher : YAYASAN PENDIDIKAN DAN PELAYANAN KESEHATAN RAHMAT HUSADA

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Abstract

The crime of domestic violence is any act against someone, especially women, which results in physical, sexual, psychological misery or suffering and/or domestic neglect. Domestic violence is a more physical form of action that results in injury, disability or suffering to another person. This research will discuss the regulation of the crime of domestic violence in Indonesian criminal law and the considerations of the panel of judges in the Batam District Court decision number 755/Pid.Sus/2023/Pn Btm convicting the defendant. The legal research method used is a normative juridical legal research method supported by empirical data. Using a statutory approach, conceptual approach and case approach obtained from primary, secondary and tertiary legal material sources. The regulation of the crime of domestic violence in Indonesian criminal law is regulated in the PDKRT Law and future divorce regulations are regulated in Article 404 of Law Number 1 of 2023 concerning the Criminal Code. The considerations of the Panel of Judges in Batam District Court Decision Number 755/Pid.Sus/2023/Pn Btm Sentencing the Defendant was carried out in accordance with the applicable Regulations and Legislation, especially Article 44 Paragraph (1) of the PDKRT Law. Legal facts revealed at trial where the Defendant does not find a forgiving reason that can erase his mistake or a justification that can eliminate the unlawful nature of his actions, then the Defendant must be sentenced to a crime commensurate with his mistake.

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