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Pemuliaan Keadilan
Published by Asosiasi Peneliti Dan Pengajar Ilmu Hukum Indonesia
ISSN : 30632811     EISSN : 3063282X     DOI : 10.62383
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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 71 Documents
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Tanggung Jawab Dinas Perdagangan Kota Kupang Terhadap Pengawasan Dan Penertiban Penjualan Pakaian Bekas Ditinjau Dari Peraturan Menteri Perdagangan Nomor 40 Tahun 2022 Tentang Larangan Impor Pakaian Bekas Yohanes Alexandro Paso; Yosef Mario Monteiro; Cyrilius W.T. Lamataro
Pemuliaan Keadilan Vol. 1 No. 4 (2024): October : Pemuliaan Keadilan
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/pk.v1i4.127

Abstract

This study aims to determine the responsibility of the Kupang City Trade Office for the supervision and control of the sale of used clothes in Kupang City as well as the inhibiting factors for the implementation of the responsibility of the Kupang City Trade Office for the supervision and control of the sale of used clothes in Kupang City. To answer the above problems, this research method uses the Empirical Law research method using primary data and secondary data. The results of the discussion in this study show that, (1) The implementation of the responsibility of the Kupang City Trade Office for the supervision and control of the sale of used clothes The Kupang City Trade Office has never formed a single derivative policy/regulation as a follow-up to the regulation of the Minister of Trade No. 40 of 2022 on the ban on the import of used clothes, coordination between the Trade Office and SATPOL PP which is carried out in measuring the extent of the stages of Supervision and The control of the sale of used clothes has not been effective, the socialization carried out by the Kupang City Trade Office does not cover the possibility that the Kupang City Trade Office still finds business actors who sell used clothes. (2) Factors that hinder the implementation of the responsibility of the Kupang City Trade Office for the supervision and control of the sale of used clothes in Kupang City, namely Human resources owned by Trade Office employees are still not good, The low awareness of traders and consumers towards the applicable law makes business actors continue to sell used clothes even though there are regulations on the prohibition of selling used clothes, Inadequate infrastructure greatly affects the responsibility of the Trade Office in supervising and controlling imported used clothes in Kupang City as well as the culture of shopping for imported clothes, this culture is very popular among people to wear used clothes.
Kajian Yuridis Terhadap Cryptocurrency Ilegal Dalam Prespektif Tindak Pidana Pencucian Uang Getri Kefi; Aksi Sinurat; Orpa G.Manuain
Pemuliaan Keadilan Vol. 1 No. 4 (2024): October : Pemuliaan Keadilan
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/pk.v1i4.128

Abstract

This study aims to find out what are the forms of modes in the crime of Money Laundering Using Illegal Cryptocurrency Media as well as Criminal Law policies in an effort to overcome the occurrence of Money Laundering Crimes through illegal Cryptocurrency Media. To answer the above problems, this Research Method uses the Normative Law research method which focuses on research on written regulations or legislation or research based on rules or norms that apply in society. The results of the discussion in this study show that, (1) The mode of operation used by the perpetrators in the crime of money laundering through Cryptocurrency media is by trading and investment methods along with several other methods. The perpetrators take advantage of the transaction system on cryptocurrencies that are closed or anonymous so that the perpetrators get an opening to launch criminal acts. 2) Even with existing legal regulations, there are still criminal acts, especially TPPU which are carried out through illegal cryptocurrencies, so it is better for the government to make rules or make legal updates on how to process related to Money Laundering Crimes using cryptocurrencies which include crypto platforms, both legal and illegal.
Tinjauan Yuridis Terhadap Keadilan Restoratif Dalam Pidana Penyelesaian Perkara di Kepolisian Resort Kota (Polresta) Kupang Siprianus Damai Nar; Simplexius Simplexius; Orpa G. Manuain
Pemuliaan Keadilan Vol. 1 No. 4 (2024): October : Pemuliaan Keadilan
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/pk.v1i4.172

Abstract

Restorative justice is often understood as a form of approach in resolving a criminal case involving the perpetrator, victim, and other parties such as family, or the community and does not focus on imprisonment, but rather on restoring the victim's condition after the crime has occurred. The Indonesian government has implemented restorative justice in the criminal justice system. Explicitly, restorative justice is stated in Law of the Republic of Indonesia Number 11 of 2012 concerning the Juvenile Criminal Justice System and Regulation of the Republic of Indonesia National Police Number 8 of 2021 concerning Handling of Criminal Acts based on Restorative Justice, recorded in the State Gazette of the Republic of Indonesia in 2021 Number 947. This study aims to determine the model of approach and inhibiting factors in the application of restorative justice in resolving criminal cases. This research is an empirical legal research. The data collection technique was by interviewing informants, and the data analysis used was qualitative analysis. The results of the study show: (1) The restorative justice approach has been implemented at the Kupang City Police by paying attention to values ​​and based on the Pancasila ideology. (2) The implementation of restorative justice in the police is carried out in two models, namely victim offender meeting and Conferencing. (3) the implementation of restorative justice in the police found 3 inhibiting factors, namely legal factors, law enforcement factors themselves and community factors.
Kedudukan Hukum Pergantian Kepala Daerah Terhadap Pemutusan Hubungan Kerja pada Tenaga Honorer di Sekretariat DPRD Kabupaten Serdang Bedagai Fahriza Fajar; Adawiyah Nasution
Pemuliaan Keadilan Vol. 1 No. 4 (2024): October : Pemuliaan Keadilan
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/pk.v1i4.182

Abstract

Honorary staff are people appointed by civil service officials within local government agencies to assist with the duties of the State Civil Apparatus so that their obligations are the same and their income comes from the APBD. Honorary staff are employees who work in government agencies but are not included in the State Civil Service. Honorary workers have not been appointed as permanent employees and still receive payment for their services in the form of an honorarium, not a salary. Regional heads include the Governor, Mayor and Regent as well as the DPRD as regional head partners. This research was conducted using normative juridical research methods. The data collection methods used by the author are interviews and literature study. Interviews are data collection techniques carried out face to face and direct question and answer between researchers and sources, while literature studies are data processing carried out by systematizing written legal materials using a regulatory and case approach. The results of this research show that honorary staff often experience injustice at work. This is indicated by the termination of employment relations by regional heads as happened at the Serdang Bedagai Regency DPRD Secretariat agency. Honorary workers have legal status and protection as regulated in Law Number 20 of 2023. The implementation of this research is that the Government needs to create and implement clear regulations to protect the rights of honorary workers.
Kajian Kriminologi terhadap Kekerasan yang Dilakukan oleh Perempuan di Kota Kupang Agatha Novarilla Akong; Bhisa Vitus Wilhelmus; Rosalind Angel Fanggi
Pemuliaan Keadilan Vol. 1 No. 4 (2024): October : Pemuliaan Keadilan
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/pk.v1i4.184

Abstract

The purpose of this study is to find out and analyze the criminological study of violence committed by women in Kupang City. This research is an empirical legal research, the sources and types of data in this study are primary data obtained from interviews at the Kupang City Police, Kupang Class II B Women's Correctional Institution and in the community and secondary data obtained from literature studies, then processed by checking, reconstructing, after which the material is regularly fixed so that it is easy to understand. From this study, the author can conclude that the factors that cause violence by women in Kupang City are classified into two, namely internal factors, namely prolonged stress and external factors, namely economic factors, environmental factors, and opportunity factors. Apart from that, the reaction of the people of Kupang City to violence committed by women in Kupang City consists of reactions in the form of rejection, understanding, and indifferent reactions from the community.
Pengadilan Tata Usaha Negara Najwa Ashwarina; Harlan Hidayah; Farhan Azka; Ahmad Maulid
Pemuliaan Keadilan Vol. 1 No. 4 (2024): October : Pemuliaan Keadilan
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/pk.v1i4.191

Abstract

PTUN was officially regulated through Law Number 5 of 1986. This law establishes the PTUN as a judicial institution that has the authority to resolve administrative disputes between citizens and the government. With the establishment of the PTUN, the public now has a legal forum to sue decisions that are considered detrimental, which is expected to increase public trust in the government and provide protection for individual rights. Over time, the PTUN has undergone various reforms to improve the quality and efficiency of services. Law Number 9 of 2004 is one of the important steps in strengthening the role of the PTUN, with the aim of accelerating the dispute resolution process. This reform aims to create a system that is more responsive to the needs of the community and ensures that every citizen can access justice more easily
Peranan Bukti Forensik dalam Pembuktian Tindak Pidana Pemalsuan Uang Ishma Safira; Handar Subhandi Bakhtiar
Pemuliaan Keadilan Vol. 1 No. 4 (2024): October : Pemuliaan Keadilan
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/pk.v1i4.192

Abstract

The crime of counterfeiting counterfeit money often occurs in Indonesia. Various policies through laws and implementing regulations have been issued, but these crimes always occur. One of the processes of proving the crime of counterfeiting money is using forensic science, therefore, the author is interested in analyzing what is the role of forensic evidence in proving the crime of counterfeiting money? In this research, the type of research used is normative research using a conceptual approach (conceptual approach) and legislation (legislative approach) related to forensic science. The results of the research explain that forensic evidence plays an important role in the investigation process and ultimately the judge can determine what crime the defendant deserves, forensic evidence is one of the pieces of evidence that perfects previous or other evidence as explained in Article 184 Paragraph (1) of the Criminal Procedure Code and Article 187 letter c KUHAP. The author's suggestion from the conclusions obtained is that investigations into criminal cases of money counterfeiting should always use forensic laboratory tests to obtain accurate evidence.
Pemenuhan Hak Pelayanan Kesehatan Bagi Kelompok Usia Rentan di Indonesia Berdasarkan Asas Keadilan, Kepastian Hukum dan Kemanfaatan Jaury Douglas Pardomuan; Irwan Triadi
Pemuliaan Keadilan Vol. 1 No. 4 (2024): October : Pemuliaan Keadilan
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/pk.v1i4.205

Abstract

Healthcare services for vulnerable age groups are often neglected due to pragmatic considerations. However, in national development, distributive justice and inclusivity must be promoted to help create a society that supports each other and is capable of achieving shared prosperity. This research focuses on a critical analysis of the efforts to fulfill the right to healthcare services for vulnerable age groups, employing a normative-juridical research model with measurement tools based on the principles of justice, legal certainty, and utility. The findings indicate that there is still a lack of detailed and inclusive provisions for vulnerable age groups, which do not yet meet the principles of justice, legal certainty, and utility.
Tinjauan Kriminologis Terhadap Korupsi Pengadaan Benih Bawang Merah Dikabupaten Malaka: (STUDI PUTUSAN NOMOR 39/PID-SUS-TPK/2023/PN.KPG, PUTUSAN NOMOR 40/PID-SUS-TPK/2023/PN.KPG, PUTUSAN NOMOR 41/PID-SUS-TPK/2023/PN.KPG DAN PUTUSAN NOMOR 42/PID-SUS-TPK/2023/PN.KPG) Dian Maranatha Fallo; Heryanto Amalo; Darius A. Kian
Pemuliaan Keadilan Vol. 1 No. 4 (2024): October : Pemuliaan Keadilan
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/pk.v1i4.217

Abstract

Extraordinary Crime is a label given to the crime of corruption. This is because corruption can hamper the economic life of the nation and state. Therefore, the eradication of corruption cannot be handled in the usual way but through an extraordinary handling. Corruption is a serious problem that can threaten the continuity of the Indonesian nation, coupled with the fact that the perpetrators of corruption are officials of government agencies who have a duty to foster and serve the community for the fulfillment of justice and public welfare. One of the easy targets for people who commit corruption, namely officials of government agencies in launching their actions, is the procurement sector of government goods and services. As happened in the procurement of shallot seeds in Malaka Regency in the 2018 fiscal year involving government agency officials and private parties.The problem formulations in this study are: (1) Factors causing corruption in the procurement of government goods and services, namely the procurement of shallot seeds in Malaka Regency (2) The impact of corruption in the procurement of shallot seeds in Malaka Regency (3) Countermeasures to improve the process of procurement of government goods and services in Malaka Regency.The writing of this thesis uses a type of juridical-empirical research with a case approach method, so that it is based on applicable laws and regulations and data obtained in the field. The case approach taken in this research is related to the corruption case of shallot procurement in Malacca Regency in the 2018 fiscal year.The results of the study show that the factors causing corruption in the procurement of shallot seeds in Malaka Regency are the intention of the defendants, the existence of authority and the opportunity for corruption. The impact of corruption in the procurement of shallot seeds in Malaka Regency is a state loss of Rp. 4,770,725,000.00 (four billion seven hundred seventy million seven hundred twenty-five thousand rupiah), not only limited to state losses but also losses felt by the community and government agencies involved in the corruption case of shallot seed procurement, namely the Government Goods / Services Procurement Section at the Regional Secretariat of Malaka Regency and also the Agriculture and Food Security Office of Malaka Regency. Therefore, efforts to eradicate corruption in the procurement of goods and services of the Malaka district government are not only carried out by the government alone, but also involve the active role of the community in preventing corruption in the government goods/services procurement sector and also countermeasures involving cooperation between the Malaka district government and the Malaka district police.
Pelaksanaan Perjanjian Kredit Angsuran Sistem fidusia (Kreasi) dengan Jaminan Fidusia pada PT. Pegadaian Larantuka Kabupaten Flores Timur Ayu Wulandari; Siti Ramlah Usman; Helsina Fransiska Pello
Pemuliaan Keadilan Vol. 1 No. 4 (2024): October : Pemuliaan Keadilan
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/pk.v1i4.219

Abstract

Installment Credit with Fiduciary System at Pegadaian (Pawnshop) is quite popular among the public, especially for small and medium enterprises, as it provides easy and fast financing services. The purpose of this study is to understand the implementation of the Fiduciary System Installment Credit Agreement at PT. Pegadaian Larantuka. The theoretical benefit of this research is to provide information for the development of legal knowledge, particularly in the field of civil law regarding Fiduciary System Installment Credit at pawnshops, while the practical benefit is to contribute ideas and suggestions for relevant stakeholders, especially customers. The research method used is empirical research. The data used in this study are based on the relevance of the data sources, which include primary, secondary, and tertiary data. The results of the study indicate that the implementation of the fiduciary system installment credit agreement at PT. Pegadaian Larantuka is offered to individuals who have been running a business for at least one year. The process starts with the prospective customer applying for credit, followed by Pegadaian analyzing the applicant's profile. The prospective customer then completes the necessary requirements and signs an agreement form, binding both parties to a specific object. The factors hindering the proper implementation of the KREASI agreement are typically caused by the customer or debtor's default, which may result from financial issues, negligence, economic conditions, or other unforeseen circumstances.

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