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International Journal of Law and Society
Published by Asosiasi Peneliti Dan Pengajar Ilmu Hukum Indonesia
ISSN : 30469619     EISSN : 30469562     DOI : 10.62951
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
of law and social politics, both theoretical and empirical. The focus of this journal is on studies of civil law, criminal law, constitutional law, international law, procedural law and customary law, politics and social sciences
Arjuna Subject : Ilmu Sosial - Hukum
Articles 156 Documents
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Corporate Responsibility for the Crime of Terrorism Financing in Indonesia Yossri Mantaw Sihombing; Yasmirah Mandasari Saragih; Mhd. Azhali Siregar; Abdur Rahman Sirait; Teguh Hidayat Siregar
International Journal of Law and Society Vol. 1 No. 4 (2024): International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v1i4.150

Abstract

Criminal act Terrorism is a form of crime or serious violation human rights at the international level because it seriously endangers security and peace world . T he crime of terrorism which occurred in the territory of the unitary state of the Republic of Indonesia has resulted in loss of property and property and causing fear in society at large, thus having an impact on social life, economics, politics and international relations . One of the main factors supporting acts of terrorism is the existence of funding, meaning that terrorist activities will not take place if there are no funds. Therefore, it is very important to eradicate criminal acts of terrorist financing in order to minimize the occurrence of acts of terrorism. The research method used is normative legal research, namely legal research that uses secondary data by using a statutory approach and a conceptual approach . The data processing and analysis technique used in this research is a qualitative technique using deductive logic in order to draw conclusions from the problem formulation that has been described. The aim of this research is to determine the methods of collecting funds carried out by corporations for terrorism financing in Indonesia and to determine corporate responsibility for criminal acts of terrorism financing in Indonesia.
Analysis Of The Effectiveness Of The Implementation Of Government Regulation Number 62 Of 2019 On The Head Of The Batam Business Agency (BP) Ex Officio By The Mayor Of Batam In The Implementation Of Regional Government Yunita Intan Tari; Soerya Respationo; Erniyanti Erniyanti
International Journal of Law and Society Vol. 1 No. 4 (2024): International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v1i4.151

Abstract

Batam as an industrial area which development is carried out by the Batam Island Industrial Area Development Authority agency, has also been expanded into an autonomous region which later give birth to the Batam City Government. The existence of these two government agencies then creates problems in the management of Batam City in the form of overlapping / dualism of authority. To overcome this problem, the government then issued a new breakthrough by setting the Head of the Batam Concession Agency to be held ex-officio by the Mayor of Batam in the hope that the implementation of his duties and authority would be more effective. Therefore, the purpose of this thesis research is first, the implementation of the Mayor of Batam ex Officio Head of Business Agency. Second, the ideal arrangement for the relationship between the Batam City Government and the Business Agency and third, obstacles in the implementation of ex officio. This type of research can be classified into the juridical sociological research type, because it wants to see the correlation between the law and what happens in the field so as to reveal the effectiveness of the law's application. With the research location located at the Batam Concession Agency and the Batam City Government. This research uses data sources in the form of primary data and secondary data, and data collection techniques are carried out by means of interviews, questionnaires and literature review. From the study, there are three main points that can be concluded. First, the Mayor of Batam, Muhammad Rudi, succeeded in implementing the central government's decision regarding the position of Head of the Batam Business Agency, concurrently ex-officio by the Mayor of Batam. Second, it is necessary to study Government Regulation Number 41 of 2021. and third, social problems, such as illegal houses, unemployment, crime, and others, arise as a result of inequality, public policy, inability to compete and others. As for the advice from the author; First, the need for Human Resource governance to support the duties and functions of each work unit Second, the need to re-assess/test the material of government regulation number 41 of 2021 and third, the need to develop IT innovation in the context of improving services and reporting.
Law Enforcement against Corporations for Wildlife Crimes which are Protected Under the Constitution of the Republic Indonesia Number 5 of 1990 Arnovan Pratama Surbakti; Yasmirah Mandasari Saragih; Sumarno Sumarno
International Journal of Law and Society Vol. 1 No. 4 (2024): International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v1i4.153

Abstract

Indonesia is rich in diverse natural resources, namely animal natural resources and vegetable natural resources. One of the gifts of Almighty God which can be used as a source of the country's economy for national development. However, as time goes by, the species that breed in the forest are starting to become endangered. This is caused by the behavior of people or business entities who only think about personal interests without thinking about the impact of what they have done. A corporation involved in crimes involving protected wild animals will be charged in accordance with the applicable articles to provide a deterrent effect against the perpetrators. This research aims to find out the types of crimes against protected wild animals and to find out how law enforcement is carried out against corporations that commit crimes against protected wild animals based on Law of the Republic of Indonesia Number 5 of 1990 concerning Conservation of Living Natural Resources and Their Ecosystems. This research is normative legal research. The data collection method is by conducting a literature review of legal materials whose data sources come from secondary legal materials, namely primary legal materials, secondary legal materials and tertiary legal materials. The data is described qualitatively descriptively and then analyzed to obtain conclusions from the problem formulations.
Juridical Analysis Of Handling Optimization Election Crimes At The Gakkumdu Center: Research Study On Bawaslu Batam City Ervin Fitianingrum; Ramlan Ramlan; Lagat Parroha Patar Siadari; Soerya Respationo; Erniyanti Erniyanti
International Journal of Law and Society Vol. 1 No. 4 (2024): International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v1i4.160

Abstract

The handling of election crimes is one of the important aspects in maintaining the integrity and fairness of the process of holding general elections in Indonesia. The Integrated Law Enforcement Center (Gakkumdu Center) was formed as a forum for law enforcement of violations of crimes in General Rehabilitation which is carried out in an integrated manner by Bawaslu, the National Police, and the Prosecutor's Office. However, in practice, in the Batam City Gakkumdu Center, it was found that there were obstacles caused by Batam City Gakkumdu Center officers who did not understand their duties and authorities as well as the applicable rules in handling election violation cases, namely investigators who did not carry out investigations in the Gakkumdu Center. This study aims to analyze juridically the optimization of the handling of election crimes by the Gakkumdu Center with a focus on the Batam City Bawaslu. This study uses a normative juridical research method with a qualitative approach. Data was collected through document studies, in-depth interviews with members of Bawaslu, the Police, and the Prosecutor's Office, as well as direct observation of the case handling process by the Gakkumdu Center in Batam City. Data analysis is carried out in a descriptive-analytical manner to identify obstacles and formulate optimization efforts. The results of the study show that there are officers of the Batam City Gakkumdu Center who are not compliant in carrying out their duties and authorities in accordance with applicable rules in handling cases of election violations, namely investigators who do not carry out investigations in the Gakkumdu Center so that as a result of Bawaslu members at the Gakkumdu Center being confused/not taking a stand in deciding the case to be stopped/continued because the facts of the calrification results are not drawn optimally, so that there is a potential for expiration in case handling and administrative issuance that does not comply with principles. This study concludes that optimizing the handling of election crimes at the Gakkumdu Center in Batam City requires a comprehensive and integrated approach. By implementing the recommended steps, it is hoped that the Gakkumdu Center in general can be more effective and procedural in carrying out its duties so that the law enforcement
Optimizing the Use of Social Media YouTube and Instagram in Learning Syari’ah Economic Law Nur Ikchsan; Siti Kholifah; Fajar Hari Prasetyo
International Journal of Law and Society Vol. 1 No. 2 (2024): April : International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v1i2.166

Abstract

This research aims to analyze effective strategies in optimizing the use of social media, especially the YouTube and Instagram platforms, by students of Syari’ah business law courses. The focus of the research is to identify students' efforts to use social media as a relevant and useful tool in the context of social media business from an Islamic perspective and legal protection issues related to existing YouTube and Instagram social media content. The research method used is qualitative, with strategic analysis through surveys, interviews and observations of Syari’ah business students, especially content owners (Youtubers) and users who actively use YouTube as a medium for uploading content. , Content created by YouTubers is considered copyrighted. The data obtained was then analyzed to explore and document aspects of the Kedungsapur area that were thoroughly researched. The results of this research provide detailed insight into optimizing social media use of Syari’ah   business law students by uncovering unintentional mentions and attributions to certain parties throughout the public domain. This can lead to defamation, which is prohibited in Islam and violates the ITE Law, Islam emphasizes the importance of conveying information accurately and not manipulating or misusing facts. Further findings show that the presence of hackers has an impact on how content creators protect YouTube and Instagram. The meaning of this research can contribute to the development of innovative learning strategies and deepen students' understanding of the application of the law Syari’ah trading in the digital era.
Responsibility of TNI Soldiers Who Commit Lesbian, Gay, Bisexual and Transgender Crimes According to the Military Legal System Yudi Pranoto Atmojo; Hamdan Azhar Siregar
International Journal of Law and Society Vol. 1 No. 4 (2024): International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v1i4.168

Abstract

Sexual relations do not only occur between different genders, but can also occur between individuals of the same sex. This problem in Indonesia often causes differences of opinion between those who support and those who oppose. It is undeniable that in the military environment there are also deviations in sexual orientation carried out by the perpetrator who is a TNI soldier in the verdict of the Military Court II-08 Jakarta Number 212-K / PM II-08AD / XI / 2020. Finding, analyzing, and explaining the viewpoint of military law on the existence of LGBT in the military environment was the goal of the study. The ruling of the Military Court II-08 Jakarta Number 212-K / PM II-08AD / XI / 2020 clarifies the criminal culpability of TNI soldiers who engage in Lesbian, Gay, Bisexual, and Transgender (LGBT) actions. Legal theory, criminal responsibility theory, and the theory of legal certainty are the frameworks utilized. Normative juridical research is the methodology employed. Based on the findings of this study, the military's official stance on the presence of LGBT individuals in the military has been firmly established by highlighting the ban on LGBT individuals as stated in the TNI Commander's Telegram Letter Number ST/398/2009. As stated in Telegram Letter Number ST/1648/2019 from the TNI Commander, LGBT is one of the behaviors that soldiers are not to engage in since it goes against official orders or is not in line with soldier life norms. Furthermore, it is highlighted in the Supreme Court Circular (SEMA) Number 10 of 2020, in letter D number 1, that disobeying the TNI Commander's Telegram Letter Number ST/398/2009 dated July 22, 2009 and the TNI Commander's Telegram Letter Number ST/1648/2019 dated October 22, 2019, which forbid TNI soldiers from engaging in immoral acts with members of the same sex (Homosexual/Lesbian), can be seen as a violation of official orders under the provisions of Article 103 Paragraph (1) of the Criminal Code. In accordance with the processes or mechanisms for resolving LGBT crimes guided by Law Number 31 of 1997 concerning Military Justice, TNI soldiers found guilty of LGBT acts in the Jakarta Military Court II-08 Number 212-K/PM II-08AD/XI/2020 will face prosecution, sentencing, and criminal penalties in accordance with the specific legal regulations based on Military Criminal Law.
Completion Dynamics Conflict Political Constitution in Indonesia Through Values Approach Religiousness Jurisprudence Maqashidus Syariah Irwansyah Irwansyah
International Journal of Law and Society Vol. 1 No. 2 (2024): April : International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v1i2.169

Abstract

Negative ambition, thirst for power, which gives birth to fraud in constitutional politics, greed will tend to give birth to authoritarian government, which also facilitates uncontrolled corrupt behavior in all levels of the government system, the result is that corruption becomes a system that is difficult to judge effectively. right in front of the judiciary. The state's ideals which are the legal basis in the Proclamation are only historical, the State's goals as stated in Paragraph IV appear to be subject to multiple interpretations with negative ambitions and a monopoly in the control of natural resources by certain groups. The Constitutional Court has become a bone of contention. because it is considered the last bull of the constitution. The various systems and regulations as the basic foundation in the 1945 Constitution are the reason that it is no longer appropriate to the situation and must be repeatedly amended. The recruitment of State Rulers through the ELECTION system once every five years continues to be changed in a direction that is increasingly widening and even eliminating the true meaning of the goals of a State which is based on the Blessing of God. Almighty. Our constitutional history, which is quite long since the birth of the 1945 Constitution, will continue to be corrected for reasons of adjusting interests. In fact, the state is a tool to achieve the goals of the nation that agreed to form the state with the aim of protecting and ensuring the welfare of the people of that nation. The principles and foundations of the State have been established as the foundation in a state order, but our constitutional problems can only be resolved by changing the law and very minimally changing the concept of human thinking in that Pancasila has become the philosophy and goal of national life. The next question will be whether the Amendment to the 1945 Constitution will continue. carried out to adjust the circumstances of the desires or interests of the State authorities. Conflicts of interest in our state structure must return to the order of religious values ​​in religion which in Islamic psychology is known as Maqashidus syari'ah jurisprudence.
Juridical Analysis of the Imposition of Punishment on Perpetrators of Corruption Crimes Committed Jointly : (Study of Decision Number: 88/Pid.Sus-TPK/2021/PN Mdn Jo Decision Number: 18/Pid.Sus-TPK/2022/PT Mdn) Asmawiah Nainggolan; Ismaidar Ismaidar; Chairuni Nasution
International Journal of Law and Society Vol. 1 No. 4 (2024): International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v1i4.170

Abstract

Criminal accountability by perpetrators of criminal acts of corruption committed individually or collectively is very important in eradicating criminal acts of corruption and providing a deterrent effect to perpetrators of criminal acts of corruption. Corruption currently occurring in Indonesia is in a very serious position and is deeply rooted in every aspect of life. The development of corrupt practices from year to year is increasing, both in terms of the quantity or amount of state financial losses and in terms of quality, which is increasingly systematic, sophisticated and its scope has expanded in all aspects of society.The method used in this research is descriptive analysis. Research data sources are generally distinguished between data obtained from library materials (secondary data). Normative legal research methods only recognize secondary data. The secondary data consists of primary legal materials, secondary legal materials and tertiary legal materials. In this research the author used qualitative analysis to analyze the data. Where qualitative analysis is a way of analyzing data sourced from legal materials based on concepts, theories, statutory regulations, doctrine, legal principles and expert opinions as well as the author's own views.This research aims to find and examine more deeply the legal instruments in the context of accountability for perpetrators of criminal acts of corruption committed jointly. The results of this research are influenced by certain factors, and as a result of acts of corruption, responsibility can be imposed on perpetrators of criminal acts of corruption, not only those who commit corruption individually, but also those who do it together.
Criminal Law Policy in Efforts to Overcome the Criminal Offence of Maltreatment Based on Restorative Justice by the Prosecutor's Office : (Research Study at the North District Attorney's Office) T. Ikhsan Ansyari Husny; Rahmayanti Rahmayanti; Muhammad Arif Sahlepi
International Journal of Law and Society Vol. 1 No. 4 (2024): International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v1i4.171

Abstract

The crime of maltreatment is a deliberate act that causes injury, pain or even death to a person. However, efforts to resolve minor persecution crimes can be done through Restorative Justice. Restorative Justice can be done through mediation of victims of persecution. This research formulates the problem of knowing how the legal arrangements by the Prosecutor's Office on Restorative Justice and knowing how the efforts and obstacles to overcoming persecution crimes based on Restorative Justice by the North Padang Lawas State Attorney's Office. This research method is through empirical juridical research with field studies at the North Padang Lawas State Attorney's Office related to countermeasures against criminal acts of persecution based on Restorative Justice. The data collection technique used by the author in this research is Field Research, which includes data sourced from interviews with the Public Prosecutor at the North Padang Lawas State Attorney's Office. Data analysis used in this research is qualitative analysis. The process of applying Restorative Justice in the crime of persecution in the North Padang Lawas District Attorney's Office is carried out by means of the Public Prosecutor offering peace efforts to the victim and suspect. Based on cases that meet the criteria for Restorative Justice, the State Attorney's Office will write to the High Prosecutor's Office and the Deputy Attorney General's Office for General Crimes to seek approval for Restorative Justice. The North Padang Lawas District Attorney's Office prioritizes peace between victims and perpetrators in resolving cases of light maltreatment by involving the families of both parties, such as community leaders, without any pressure, coercion, or intimidation from the Public Prosecutor who acts as a facilitator.
Juridical Analysis Of Enforcement Of State Civil Apparatus (ASN) Discipline In The School Environment (Research Study Of SMA Negeri 15 Batam) Bungasia Bungasia; Fadlan Fadlan; Darwis Anatami; Erniyanti Erniyanti; Soerya Respationo
International Journal of Law and Society Vol. 1 No. 4 (2024): International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v1i4.174

Abstract

Discipline of the State Civil Apparatus has been regulated in Law of the Republic of Indonesia Number 20 of 2023 concerning the State Civil Apparatus. In this regulation, the State Civil Apparatus consists of Civil Servants and Government Employees with Employment Agreements who are appointed by civil service development officials and entrusted with duties in a government position or entrusted with other state duties and are given income based on statutory regulations. The purpose of this regulation is intended to serve as a guideline in enforcing State Civil Service Discipline. However, the reality in the field is that violations of State Civil Apparatus Discipline, especially at SMAN 15 Batam, still occur frequently and repeatedly. This research aims to find out how the law regulates the enforcement of discipline towards State Civil Apparatus in the SMAN 15 Batam environment, how the implementation of law enforcement regarding the application of discipline towards the State Civil Apparatus in the SMAN 15 Batam environment and the obstacles faced by SMAN 15 Batam in enforcing discipline against State Civil Apparatus and alternative problem solving in the form of rewards and punishments. The research method used is a qualitative method with a normative and empirical juridical approach that analyzes statutory regulations relevant to the discipline of the State Civil Service. The data sources for this research were obtained from secondary data and primary data. Primary data was collected through interviews and observations, while secondary data was obtained from previous literature, books, journals and case studies. The results of the research show that so far the process of imposing punishment has only taken the form of a verbal warning delivered directly by the school principal. Verbal warnings are a form of light disciplinary punishment. Verbal warnings are given by considering the background of the Civil Servant disciplinary violation and the impact of the violation. Based on these results, the suggestion put forward is that it is hoped that all State Civil Servants will increase awareness of ASN discipline as well as understand and carry out obligations and avoid prohibitions in accordance with applicable laws and regulations. State civil servants must be more responsible for themselves and in carrying out ASN duties so that the objectives of ASN discipline can be realized well. For example, arriving at school early to avoid unexpected obstacles. In the future, enforcement of discipline in the State Civil Service must really be carried out properly and the process of imposing punishments must be stricter against perpetrators of violations of discipline by the State Civil Service so that it can provide a deterrent effect for undisciplined ASN.

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