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International Journal of Sociology and Law
Published by Asosiasi Peneliti Dan Pengajar Ilmu Hukum Indonesia
ISSN : 30471923     EISSN : 30470692     DOI : 10.62951
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
studies of civil law, criminal law, constitutional law, international law, procedural law and customary law, politics and social sciences
Arjuna Subject : Ilmu Sosial - Sosiologi dan Ilmu Politik
Articles 118 Documents
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Juridical Analysis Of Proof Elements Harm State Finance In Criminal Actions Corruption In Indonesia Andre Yosua M; Tegar Mulia
International Journal of Sociology and Law Vol. 1 No. 3 (2024): August : International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v1i3.95

Abstract

Policies that are often taken by public officials sometimes give rise to major criticism committing a pattern of criminal acts of corruption. Policies that are considered can fall into the action category corruption is policies that could harm state finances. So it's a loss State finances are one of the elements of criminal acts of corruption in Article 2 paragraph (1) and Article 3 Act No. 31 Year 1999 jo Act No. 20 Year 2001 about Eradication Act Criminal Corruption. The formulation of elements that are detrimental to state finances in these two articles is at the evidentiary level still raises various obstacles because it is an unclear and unclear norm multiple interpretations. Results from study show that prove that element harm state finances in criminal acts of corruption are still understood as formal criminal acts so that the proof Enough with fulfil deed the And No need There is consequence, Good Which potential harm finance country nor loss Which Actually, perpetrator can convicted. After Court Constitution through Decision Number 25/PUU-XIV/2016 mention that the word "can" in Article 2 paragraph (1) and Article 3 is unconstitutional and is fundamentally change qualification corruption become become crime material, However in its implementation There are different views regarding law enforcement officials in proving that element This is detrimental to state finances, giving rise to legal uncertainty. In the upcoming corruption criminal law reform, the more appropriate model of proof is with use draft loss finance country in meaning crime material. Through draft This, something deed new can seen fulfil elements follow criminal corruption with condition There must be a result of the state's loss being real and occurring (actual). lost). Proof concept loss state finances in meaning material ensure law Which fair certainty.
Juridical Analysis Of Actions And Legal Consequences For Corporations Involved In Corruption Yudiansyah B; Yasmirah Mandasari Saragih; Syaiful Asmi
International Journal of Sociology and Law Vol. 1 No. 3 (2024): August : International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v1i3.100

Abstract

The purpose of writing this journal is to identify and analyze the ways and motives behind corrupt acts carried out by corporations, as well as understand the organizational structure and market dynamics that influence these corrupt practices. And evaluate the legal consequences that apply to corporations involved in acts of corruption and examine the effectiveness of implementing these penalties in efforts to prevent and overcome corruption among corporations. The approach method used in this research is Normative Law (normative juridical) using a statutory approach, a conceptual approach, and a comparative and empirical approach (field data). The research results show that corporations are involved in acts of corruption through various, often complex and covert means, driven by motives to increase profits, dominate markets, or avoid regulations. The mechanisms they use range from giving bribes, manipulating tenders, to money laundering practices. Corporations involved in acts of corruption can face a number of legal consequences, ranging from heavy fines, license revocation, asset confiscation, to operational restrictions. Although these penalties are intended to provide a deterrent effect, their effectiveness in preventing corporate corruption often varies. While fines may have a financial impact, without significant internal changes in corporate culture and governance, the potential for a return to corrupt behavior remains.
Corporate Criminal Liability In Environmental Pollution Crimes T. Riza Zarzani; Ismaidar Ismaidar; Mula Sihombing
International Journal of Sociology and Law Vol. 1 No. 3 (2024): August : International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v1i3.101

Abstract

Corporate crime against the environment is a major crime and is very dangerous for human life. Even though there are laws that regulate forms of legal sanctions for corporations, in fact environmental pollution still occurs. In environmental criminal cases involving corporations, the principle of absolute responsibility should be applied, so that the application of absolute responsibility can be expanded. This means that the sanctions that will be imposed on the perpetrators are not only civil compensation claims but also criminal legal protection. Legal sanctions for corporations proven to have committed criminal acts of environmental pollution include imprisonment, fines and additional penalties. Law Number 32 of 2009 concerning Environmental Protection and Management states that the criminal act referred to is committed by or on behalf of a legal entity, company, association, foundation or organization, the threat of a criminal fine is increased by one third. The method used in this research is normative legal, namely research that refers to legal norms contained in statutory regulations, literature, legal norms that exist in society and the data obtained. The type of research used is qualitative research which is carried out by examining literature materials in the field of law and legislation relating to legal policies for corporations that commit criminal acts of environmental pollution. This research aims to determine criminal liability for corporations that are proven to have committed environmental pollution and to determine the factors inhibiting criminal liability for corporations that have committed environmental pollution.
Restorative Justice Policy in Law Enforcement Against Perpetrators of Spreading Hoaxes Related to Elections on Social Media Dian Rosita; Endang Setyowati; Suwandoko Suwandoko
International Journal of Sociology and Law Vol. 1 No. 2 (2024): May : International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v1i2.104

Abstract

General elections (elections) are a benchmark for the success of democracy for countries that adhere to democratic principles such as Indonesia. The large number of hoax issues surrounding the election that are spread via social media are often considered cybercrime or cybercrime. Meanwhile, criminal law is currently developing discussions about Restorative Justice, which offers forms of settlement with the aim of fulfilling the wishes of the parties with a win-win solution. The legal issue analyzed in this research is how restorative justice policies apply in enforcing the law against perpetrators of spreading fake news (hoaxes) related to elections on social media to see the possibility of using alternative dispute resolution for election violations, especially at the police level. The method used in this research is normative juridical, using literature study and a statutory and regulatory approach related to the legal issue being discussed. This research shows that the Restorative Justice Policy against perpetrators of spreading fake news (hoaxes) taken by the Police is carried out to create a clean, healthy and productive Indonesian digital space so as not to give rise to diversity in investigative administration and differences in interpretations of investigators and irregularities must be carried out in a persuasive, educational manner. so that there is no suspicion of criminalization in the criminal act of spreading fake news (hoax) against the perpetrator or in other words the person being reported. 
The Role Of Community Mentoring In The Implementation Of Counseling For Child Clients Undergoing The Conditional Release Program In The Class I Community Center In Medan Lindawati Br Surbakti; Yasmirah Mandasari Saragih; Sumarno Sumarno; Muhammad Mujahidin Za; Sukardi Sukardi
International Journal of Sociology and Law Vol. 1 No. 3 (2024): August : International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v1i3.105

Abstract

Children are part of the young generation who are the successors of the ideals of the nation's struggle and human resources for national development. Currently, violations of the law or criminal acts are not only committed by adults, but criminal acts committed by children are increasingly common. Every child who violates legal rules or commits a criminal act will be subject to sanctions in the form of criminal sanctions. Every child who is 14 (fourteen years old) but not yet 18 (eighteen years old) who is undergoing guidance at a Special Children's Development Institution is called a Foster Child. Every child who has undergone guidance in the LPKA has the right to obtain their rights, especially to obtain conditional release. According to Minister of Law and Human Rights Regulation Number 16 of 2023, conditional release can be granted to children who are serving a prison sentence at LPKA but who have met the requirements. The granting of Parole stages is carried out by the Correctional Center through Community Counselors. Community Counselors play an important role in implementing recommendations for the Parole program, including starting from the initial stages of proposing Parole, making Community Research (Litmas), carrying out guidance to ending guidance at the Correctional Center.
The Influence Of Public Pressure On The Criminal Case Handling Process Noor Asma; Arhjayati Rahim
International Journal of Sociology and Law Vol. 1 No. 3 (2024): August : International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v1i3.106

Abstract

The criminal justice system ideally aims to uphold the law fairly and objectively and avoid the intervention of external parties. If the criminal justice system is not carried out properly, it will lead to public distrust of law enforcers if the process is not fair and objective, increased insecurity if law enforcement is not carried out professionally and proportionally, resulting in public pressure on the process of handling criminal cases. The problem in this study is how the influence of public pressure on the process of handling criminal cases. The research method used is normative juridical which is carried out based on the main legal material by examining legal principles, laws and regulations, theories, concepts, and mass media news related to this research. Public pressure has a significant influence on the process of handling criminal cases. On the one hand, public pressure can encourage law enforcement to work more quickly, transparently and responsibly in handling cases. On the other hand, excessive public pressure can disrupt the legal process and hinder fair and objective law enforcement.
Application Of Criminal Sanctions Against Corporations For Human Trafficking In Indonesia Muhammad Safar; T. Riza Zarzani; Ismaidar Ismaidar
International Journal of Sociology and Law Vol. 1 No. 3 (2024): August : International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v1i3.107

Abstract

In recent years, news about human trafficking both domestically and across countries has increasingly been broadcast in print and electronic media. The rise in crimes that occur is caused by various factors that encourage perpetrators to commit crimes. Human trafficking is a practice of modern slavery that degrades dignity and can threaten the survival of the general public. The target or targets of this trading practice are usually people who earn low income and have low education. It is important to know that this crime can be committed individually or collectively. It is said to be joint if it is carried out in the name of a business entity and in the interests of the corporation based on the work relationship and work environment of the corporation. Corporations as legal subjects for the criminal act of trafficking in persons are regulated in Article 13 of Law of the Republic of Indonesia Number 21 of 2007 concerning the Eradication of the Crime of Trafficking in Persons. The current obstacle is that the implementation or application of punitive sanctions against corporations is still not firm. This can be seen from the increasing number of cases where the perpetrator is a business entity or corporation. The method used in this research is a normative legal research method which examines legal materials such as books or articles that discuss human trafficking using secondary data for detailed analysis. qualitative. The aim of this research is to determine the factors that cause corporations to commit criminal acts of human trafficking in Indonesia and to find out how criminal sanctions are applied against corporations for criminal acts of human trafficking in Indonesia.
The Role Of The Police In Combating Terrorism Crimes Gilang Gemilang; Yasmirah Mandasari Saragih; Mhd. Azhali Siregar; Askamaini Askamaini
International Journal of Sociology and Law Vol. 1 No. 3 (2024): August : International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v1i3.108

Abstract

The existence of the police is essential in overcoming criminal acts of terrorism, because the police are structured in such a way from the regions to the center and are also in accordance with the duties and functions of the police in creating public security and enforcing the law. The problem raised in this research is: what are the steps taken by the National Police in tackling criminal acts of financing terrorism? What are the obstacles to the National Police in dealing with criminal acts of terrorism?This research is directed towards normative, or doctrinal, juridical legal research which is also referred to as library research or document study, because it is mostly carried out on secondary data in libraries. The results of the research and discussion explain the role of the National Police in overcoming criminal acts of terrorism, namely maintaining public security and order, which is a dynamic condition of society as one of the prerequisites for implementing the national development process in order to achieve national goals which are characterized by ensuring security, order and the rule of law, as well as fostering it. peace, which contains the ability to foster and develop the potential and strength of society in warding off, preventing and overcoming all forms of law violations and other forms of disturbance that can disturb society. The National Police's efforts to tackle terrorism include repressive efforts, preventive efforts and preemptive efforts. The obstacle for the National Police in tackling terrorism is that it is hampered by the synergy of cross-sectoral cooperation, namely between the police, regional government and other related agencies.
Criminal Law Sanctions for Illegal Logging of Forests Carried Out by Corporations Based on Law of the Republic of Indonesia Number 18 of 2013 concerning Prevention and Eradication of Forest Damage Ismaidar Ismaidar; T. Riza Zarzani; Arnovan Pratama Surbakti
International Journal of Sociology and Law Vol. 1 No. 3 (2024): August : International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v1i3.109

Abstract

Forest areas are open natural resources that have potential and an important role in supporting human needs. However, as time goes by, natural resources in the forestry sector are starting to decline due to the large number of business entities or corporations carrying out illegal logging activities. If this is allowed to continue continuously, damage to Indonesia's forests will increase and will have a major impact on the economy due to decreased state income. The research method used in this research is a normative legal method which examines Law Number 18 of 2013 concerning Prevention and Eradication of Forest Destruction and other laws as research material by taking a statutory approach (Statute Approach) obtained from literature studies ( Library Research). This research aims to determine the impact of illegal logging carried out by corporations and to determine criminal legal sanctions for illegal logging carried out by corporations based on Law number 18 of 2013 concerning Prevention and Eradication of Forest Damage. From the problem formulations above, it can be concluded that corporate crime resulting from illegal logging activities is a major crime and is very dangerous and threatens the lives of humans, animals and plants.
Status And Position Of Children Bornin A Valid Marriage According To The Law Agustin Leni Magdalen Rohi Riwu; Seheslon Killyon Bessie
International Journal of Sociology and Law Vol. 1 No. 3 (2024): August : International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v1i3.110

Abstract

Children born in a valid marriage according to the Rote tradition sometimes have their status not recognized in society if the relationship between the parents and the family is not harmonious or if problems occur in the marriage process which has an impact on the child's relationship with the biological father and the father's family. The aim of the research is to determine the status of children and the position of children born in a legal customary marriage according to the customary law of the Rote indigenous community in the inheritance system. The results obtained: giving a dowry (belis) will create a continuous reciprocal relationship between both sides of the family, the status and position of children born in valid marriages according to Rote customary law, because if the relationship between the parents is not harmonious then the child's status is not recognized as the child of the biological father so he cannot claim his rights as an heir. The parties involved have a role and function to make an agreement that does not burden either party, and provides a sense of justice for each party, so that the dispute can be resolved amicably. does not destroy the order of traditional values ​​in society.

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