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INDONESIA
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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Sanctions Against Criminal Acts of Gambling on Skill Games Shooting Fish in the Legal Area of the Medan District Court Ongku Sapna Fella Hasibuan; Yasmirah Mandasari Saragih; Sumarno Sumarno; M. Yusuf Afandi; Efraim Abigail Bukit
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.v1i3.112

Abstract

One of the gambling cases that was decided through the Medan District Court was the fish shooting gambling case, decision number 2452/Pid.B/2021/PN Mdn.Currently, many fish shooting games are found as gambling games in the community. The consequences of shooting fish gambling bring things that are not good financially and disrupt people's mindsets. The formulation of the problem that is made is How are the Sanctions in the Crime of Gambling Fish Shooting Game in the Medan District Court?, How is the Review of Criminal Law Against the Crime of Gambling Fish Shooting Game? This research uses normative research methods in the form of primary and secondary data sources which are then analyzed using descriptive analysis techniques with a deductive mindset. The results of the research are first, the decision of the District Court number 2452/Pid.B/2021/PN Mdn regarding the crime of gambling fish shooting agility games based on Article 303 Bis paragraph (1) 1 of the Criminal Code, which is to impose a prison sentence of 1 (one) year. ) year. Followed by the testimony of witnesses, defendants, evidence and considering things that are aggravating and mitigating for the defendant when determining the sentence of criminal sanctions.
Phenomenology of Wedding Communication in Different Countries (Indonesia's Cultural Wedding with A Swedish Man) Nurrahmi Nurrahmi; Jupendri Jupendri; Sumaiyah Sumaiyah; Fatiha Maharani
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.v1i3.113

Abstract

Cross-cultural communication in marriage involves understanding and adapting to the different norms, values, and traditions between partners from different cultures. Addressing differences in language, attitudes, and expectations is essential to establish effective communication, build trust, and minimize conflicts. This study aims to explore cross-cultural communication in interethnic marriages in Sweden. Data collection techniques included observation, interviews, and documentation. The informants were married couples from different countries: a woman from Indonesia and a man from Sweden. The research method used was descriptive qualitative with a phenomenological approach, and the researcher connected the research object to Face Negotiation Theory. The results showed that the couple from two different countries tended to avoid conflict and displayed cooperative attitudes (obliging) in responding to differences and conflicts arising in daily interactions. Consequently, a harmonious marital relationship was established.
The Relationship Between Criminal Policy And Social Policy Askamaini Askamaini; Yasmirah Mandasari Saragih; Sumarno Sumarno; Wildan Fahriza; Darma Setiawan
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.v1i3.115

Abstract

Crime or criminal acts, apart from being a humanitarian problem, are also social problems, they are even stated to be the oldest social problem . When carrying out crime prevention efforts, it must be seen in the context of overall social policy, the aim of which is to provide community protection and achieve community welfare. The aim of this research is to find out and analyze the relationship between criminal policy and social policy. This research was conducted descriptively analytically. Criminal policy is one of the fields of modern criminal law ( modern criminal sciences ) which consists of several components, namely criminology, criminal law, science and at the same time art . . Criminal policy as an effort to overcome crime has the main objective of protecting and creating community welfare. Achieving a level of social welfare and social protection is a national goal in implementing social policy .
Application Of Criminal Law Against Corporations For Criminal Actions Of Tax Evavasion Based On Law Of The Republic Of Indonesia Number 28 Of 2007 Concerning General Provisions And Procedures For Taxation Ismaidar Ismaidar; T. Riza Zarzani; Muhammad Faiz Hadi
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.v1i3.116

Abstract

Constitutionally, tax collection is regulated in Article 23A of the 1945 Constitution of the Republic of Indonesia which confirms that taxes and other coercive levies are for state needs as regulated by law. Tax regulations themselves are regulated in Law of the Republic of Indonesia Number 28 of 2007 concerning General Provisions and Tax Procedures. Tax is an official state levy on taxpayer citizens. What is meant by taxpayer is an individual or entity including taxpayers, tax holding agents and tax collectors who have tax rights and obligations in accordance with the provisions of tax laws and regulations. As time goes by and the development of economic globalization, there is a lot of potential for crimes or crimes in the economic sector committed by corporate business actors. The difficulty of holding corporations criminally liable results in many material and immaterial losses to the state. However, criminal liability in the form of strict liability can provide a solution to this problem. Where full corporate criminal liability (strict liability) states that corporations can be held criminally liable. This research uses normative research methods by taking a statutory approach and a conceptual approach. The data obtained in this research was through literature study by collecting data from secondary legal materials, namely primary data, secondary data and tertiary data related to the problem formulations that will be discussed in this research. Then the data obtained is analyzed and described qualitatively. The aim of this research is to determine the modus operandi of perpetrators in committing criminal acts of tax evasion based on Law of the Republic of Indonesia Number 28 of 2007 concerning General Provisions and Tax Procedures and to find out how criminal law is applied to corporations for criminal acts of tax evasion based on Law of the Republic of Indonesia Number 28 of 2007 concerning General Provisions and Tax Procedures.
Efficiency Of The Legal Role Of Prisoners In The Context Of Guidance At The Class IIB Tanjung Pura Detention Center Anggi Dian Nugraha; Yasmirah Mandasari Saragih
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.v1i3.117

Abstract

Inmate development is carried out continuously from the time the inmates enter the correctional institution. The correctional system is a process of developing inmates as creatures of God, individuals and as a society. In coaching inmates, their physical, spiritual and social conditions are developed so that they become reasonable human beings who can live normally in society. The aim of this research is to determine the efficiency of the role of law in coaching at the Class IIB Tanjung Pura Detention Center. This research is included in descriptive research with a type of empirical juridical research using qualitative analysis methods. From the research results, it is known that the implementation of prisoner development is regulated in Law Number 12 of 1995 concerning Corrections, Government Regulation Number 31 of 1999 concerning the Development and Guidance of Prisoners, Government Regulation of the Republic of Indonesia Number 28 of 2006 concerning Amendments to Government Regulation Number 32 of 2006 1999 Concerning Requirements and Procedures for Implementing the Rights of Prisoners, Decree of the Minister of Justice of the Republic of Indonesia Number: M.02-Pk.04.10 of 1990 Concerning the Pattern of Development of Prisoners/Detainees. The implementation of prisoner coaching at the Class IIB Tanjung Pura Detention Center goes through 4 stages, namely the administration or orientation stage, the evaluation stage and determining the type of coaching, the assimilation stage and the integration stage. -existing invitations, planned and programmed work programs in the form of a Strategic Plan, several obstacles were overcome by building a collaborative network with various parties
Challenge Implementation of General Principles of Good Government in Indonesian Government Abdil Azizul Furqon; Ghiska Fajari; Wicipto Setiadi; Taufiqurrahman Syahuri
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.v1i3.118

Abstract

In the social field, there are development and change condition public will impact on existence anges to the order existing laws in the country. The more its height demands society so that the Government can organize with method transparent, accountable, more responsive to the needs and expectations that exist in society, create development theory principles general good government.​ This writing focuses on the challenges faced moment implementation principle the. With use normative juridical approach, author will study in a way regulation legislation. Based on results analysis writer, then can concluded that there is a number of a must challenge resolved, first balance strength in a democratic political system, second, systemic and independent supervision by existing state and social institutions with good, third, institution the law is not yet completely independent and impartial in carry out Justice law, fourth, quality source Power still human​ not enough in carry the trust given.
Criminal Liability Of Actors Who Participate In Terrorism Criminal Acts In Indonesia Sri Utami; Yasmirah Mandasari Saragih; Mhd. Azhali Siregar; Darma Setiawan; Juita Novalia Br Barus
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.v1i3.120

Abstract

The crime of terrorism is a form of crime with an international dimension that is very frightening to the public. Terrorism is a crime against humanity which is classified as an extraordinary crime because it has succeeded in creating chaos based on religion, sect or organization. This crime against humanity is regulated in Law of the Republic of Indonesia Number 5 of 2018 concerning Terrorism Crimes. Terrorist networks that are difficult to trace and have wide access make the problem of terrorism difficult to eradicate. Easy access between countries is one of the reasons why it is difficult to break the chain of terrorist networks. So efforts are needed through bilateral, regional and international cooperation to eradicate terrorism. The research method used in this paper uses normative legal research based on legal theories. By taking a legislative approach through literature study. This research aims to find out what causes perpetrators to commit criminal acts of terrorism and to find out what form of criminal law accountability exists for perpetrators who participate in criminal acts of terrorism in Indonesia.
Reflection on Negotiations Between Indonesia and Tesla, Inc. Regarding Electric Vehicle Investment in 2020-2024 Jason Fernando
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.v1i3.124

Abstract

Indonesia is one of the countries in Southeast Asia rich in nickel reserves, so this has become an attraction for foreign investors to compete to invest amid a drastic increase in market demand for lithium batteries for electric vehicles. Tesla, Inc. became one of the investors who showed interest in the potential for establishing a lithium-ion battery factory for electric vehicles. Indonesia is aware of Tesla's enthusiasm in trying to conduct intense negotiations and lobbying because these MNCs have several advantages in terms of advanced features and acceleration, as well as adhering to green principles. The author's aim in raising this issue is to reflect on Indonesia's long process of building government-to-business negotiations and lobbying with Tesla, where Indonesia sees this opportunity as a step to pursue national interests. The method used in this research is based on a literature study through secondary data collection. The findings from this research are that both Indonesia and Tesla use a rational approach and integrative strategy in negotiating investment cooperation. However, Indonesia's optimistic attitude is reflected in experiencing various challenges, including competition from competitors from other countries and unsustainable nickel mining problems.
The Principle of Balance in Employment Agreements at Private Educational Institutions : Study of Employment Agreements at Ruhama Islamic College Muhammad Imaduddin Zikky; Iwan Erar Joesoef; Suherman Suherman
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.v1i3.125

Abstract

Based on The 1945 Constitution of the Republic of Indonesia (UUD 1945), especially in the Preamble to the Fourth Paragraph , the State of Indonesia has objective national For advance well-being general and enlightening life nation . This matter become base law for development national focus on improvement​ quality source Power human resources (HR) as the main capital .Education and skills is two element important in creating quality human resources . Article 26 paragraph (2) of the 1945 Constitution confirms that every citizens have the right on education . Article 31 paragraph (3) also states that government responsible answer on maintenance education . This matter show internal state commitment provide access broad and equitable education​ for all over people of Indonesia.
Legal Protection Of Victims' Rights In The Settlement Of Criminal Cases Muslim Muslim; H. Abdul Razak Nasution
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.v1i3.128

Abstract

Talking about victims of crime in general, of course, victims are individuals. In a criminal act, the victim is the party who is harmed by the perpetrator of the crime, both materially and immaterially. This greatly affects the psychological condition of the victim, not to mention the complicated judicial process that makes the victim a very disadvantaged party to the laws and regulations under it. The position of victims in the practice of criminal procedure law is relatively less considered because the provisions of Indonesian law still rely on protection for the perpetrator (offender oriented). Normative legal research is in the form of library research and written documents as data sourced from secondary data including primary legal materials, secondary legal materials and tertiary legal materials. The nature of this research is descriptive analysis. The data obtained in this research will be analyzed qualitatively in accordance with the specifications of the nature of the research to examine between theory and practice in legal protection of victims of criminal acts. To solve the existing problems and then draw a conclusion by utilizing the data collected through interviews and document studies, the results of this study were first analyzed using qualitative analysis. The Criminal Code (KUHP) has implicitly provided protection for victims of crime with all efforts to fulfill rights and provide assistance to provide security to victims who must be implemented by the Witness and Victim Protection Agency (LPSK) or other institutions in accordance with the provisions. As it is known that the KUHAP is not too optimal because there are more victims like the position of the perpetrator which results in a legal vacuum, and in the context of protecting victims of crime, there are preventive and repressive efforts made, both by the community and the government (through law enforcement officials). Another thing that is noted that in the Law on Witness and Victim Protection is the absence of coercive efforts regarding compensation from the perpetrator to the victim, namely not regulating the payment of compensation from the perpetrator to the witness or victim, even though the victim as a witness who is harmed by someone's unlawful actions, but is not protected.

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