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Justici
Published by Universitas IBA Palembang
ISSN : 19794827     EISSN : 30327903     DOI : https://doi.org/10.35449/justici.v17i2.813
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Focus and Scope The journal Justici is published by the Faculty of Law at IBA University on a regular basis every 6 months. This journal is a journal with the theme of Law, with the benefits and objectives for the development of Legal Studies, by emphasizing the nature of originality, specificity and the latest articles in each issue. The purpose of this Journal publication is to provide a space to publish thoughts on the results of original research, academics, namely students and lecturers who have never been published in other media. The focus and scope of writing (Focus & Scope) in this Journal focusing on publishing legal scientific articles on the following topics: Constitutional law; Administrative Law; Criminal law; Civil law; International law; Procedural Law; Customary law; Business law; Tourism Law; Environmental law; Law and Society; Information Technology Law and Electronic Transactions; Human Rights Law; Contemporary Law; Islamic law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 104 Documents
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SANKSI PIDANA TERHADAP PIDANA CYBERPORN BERDASARKAN UNDANG-UNDANG NOMOR 16 TAHUN 2016 TENTANG PERUBAHAN ATAS UNDANG –UNDANG NOMOR 11 TAHUN 2008 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK (UU ITE) Putri Nilam Sari Cayo; Ennimerita
Justici Vol 13 No 2 (2020): Justici
Publisher : Fakultas Hukum Universitas IBA Palembang

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ABSTRACT The spread of pornography on the internet or cyberporn is also a serious problem faced by Indonesia as a developing country that also utilizes this global technological development. In addition to imported porn sites, local porn sites have also begun to mushroom in cyberspace, such as Indonesian sites, lalatx and paradise. These sites are free and some are commercial. Regulations regarding the practice of prostitution (online prostitution) are regulated in the provisions of article 27 paragraph (1) of Law Number 16 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions (UU ITE) Whereas the form of criminal sanctions against cyberporni through the internet is regulated in Article 45 paragraph (1) of the ITE Law
PANCASILA DALAM SUDUT PANDANG STUFENBAUTHEORIE Suryani Yusi; Sentot Supriyadi
Justici Vol 13 No 2 (2020): Justici
Publisher : Fakultas Hukum Universitas IBA Palembang

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Abstract If a country wants to stand strong and strong, surely it must have a strong and solid state ideology as the basic and basic norms of the country. Without it, the nation and state will be fragile because they do not have a handle. The basic norm is the crystallization of the values ​​that live in a country that can be able to glue the unity of unity for a nation and state, while the foundation of the state is the foundation for a country. The basic and basic norm of the State in Indonesia is Pancasila.
PELANGGARAN LALU LINTAS OLEH ANAK-ANAK DI BAWAH UMUR DI DESA SIMPANG RIMBA KABUPATEN BANGKA SELATAN Sri Yuliana
Justici Vol 13 No 2 (2020): Justici
Publisher : Fakultas Hukum Universitas IBA Palembang

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Abstract Land transportation plays a very important role in supporting national development and has the largest contribution in serving human mobility and distribution of trade and industrial commodities in various regions. As stated in Article 77 of RI Law No.22 of 2009 concerning Traffic and Road Transportation that every motorized vehicle driver must have a SIM. With the existence of a driver for children on the streets it is certain that a child who is underage does not have a SIM. How is the application of the law for traffic violators, especially minors in Simpang Rimba Village, South Bangka? The application of the law against traffic violations committed by minors, namely: Exemption from violations, Actions that are not optimal, and maximum Actions.
Kebijakan Hukum Dalam Sistem Peradilan Pidana Anak Dengan Pendekatan Keadilan Restoratif di Pengadilan Negeri Palembang STA. Latief Hasjim; Erniwati Erniwati
Justici Vol 13 No 2 (2020): Justici
Publisher : Fakultas Hukum Universitas IBA Palembang

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Abstract This writing discusses the Legal Policy in the Child Criminal Justice System With the Restorative Justice Approach in the Palembang District Court. Criminal Law (KUHP) as well as in the special provisions of Law Number 11 Year 2012 concerning the Criminal Justice System for Children. Then in the implementation of the restoration in general has been going well in accordance with the provisions of the existing law in accordance with the trial according to the legal order so as to bring up negative which is a trauma that is feared to be used on the face. Many people involved in discussions about restoration in the form of diversion at the time of the prosecution or examination in court consider some of these factors, discuss about the preparation among various parties participating in research, help in correcting, correcting, assessing, assessing that which is contrary to the law in Palembang District Court is very likely that the performance of the juvenile judge is not yet optimal. For this reason, the writer, through this thesis, requests that and the need for policies to increase the number of children in Palembang District Court
EFEKTIFITAS KINERJA PEGAWAI NEGERI SIPIL (PNS) DI KANTOR KECAMATAN SIMPANG RIMBA KABUPATEN BANGKA SELATAN (DITINJAU DARI UNDANG-UNDANG NOMOR 5 TAHUN 2014 TENTANG APARATUR SIPIL NEGARA Virna Dewi
Justici Vol 13 No 2 (2020): Justici
Publisher : Fakultas Hukum Universitas IBA Palembang

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Abstract Effectiveness is a measure of an organization, where the organization's ability to achieve all its needs. This means that the organization is able to organize and organize employee resources to achieve goals. Human Resources (HR) is a central factor in an organization. Whatever the shape and purpose, the organization is made based on various visions for human interests and in the implementation of its mission is managed and managed by humans. From the results of research conducted by researchers that the application of Law No. 5 of 2014 in Simpang Rimba sub-district, South Bangka Regency, overall service in the office has been good or has been effective but still needs to be maximized again
PERANAN VISUM ET REPERTUM PSIKIATRIKUM GUNA PERTIMBANGAN HAKIM TERHADAP PELAKU TINDAK PIDANA YANG SAKIT JIWA DALAM PROSES PERADILAN (STUDI DI RUMAH SAKIT JIWA DAERAH PROVINSI KEPULAUAN BANGKA BELITUNG) Yang Meliana
Justici Vol 13 No 2 (2020): Justici
Publisher : Fakultas Hukum Universitas IBA Palembang

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ABSTRACT Visum et repertum psychiatricum need to be made in respect of the Article 44 (1) of the Criminal Code, which reads: "Whoever does something which can’t be accounted to him due to his soul defects in growth or impaired due to illness, was not convicted". According to R. Suparmono, post mortem psychiatricum intended as a series of rules of evidence about the quality of the suspect at the time of committing the criminal and responsible for determining the ability of the suspect. Forensic psychiatry it serves as an expert witness, as a legal expert helpers to collect data that can be used in making legal decisions. Post mortem psychiatricum serves as an expert witness, assistant legal experts to collect data that can be used in making legal decisions. While the purpose of the post mortem psychiatricum, giving reality (evidence) to judge, concluded based on causal relations, allowing the judge to call other specialists to make conclusions newer ver. Seeing the need for a mental health professional medical help for judges in criminal proceedings, the written statement in the form of a post mortem psikiatricum made by the physician of the soul, then the judge can determine the extent of the defendant's ability to be responsible when committing a crime. So the doctor describe the mental state of the accused is (descriptive), while the judge is a judge (normative). Before doctors psychiatrists provide written statement in the form of a Visum et repertum psychiatricum, first he, in this case the doctor psychologists observe the patient, in this case is the defendant. While the factors that hinder a doctor psychiatrist to give a post mortem examination psikiatricum in criminal cases, constraints encountered physicians in making a post mortem psychiatricum is a communication problem, and the questions in the application letter Visum mortem psychiatricum are not clear. Constraints faced by judges in the use of post mortem psychiatricum is the strength of evidence Visum mortem psychiatricum that can not bind the judge, and about language and medical terms contained in a post mortem Psikiatrikum vague so as not to be understood by the judge Visum et repertum psychiatricum grounded in absolute theory or the theory of retaliation (vergeldings Theorien) which is the basis of the justification for the imposition of penal suffering form it on criminals. State reserves the right to impose punishment for the criminals have to attack and rape on the rights and legal interests are protected. By Visum et repertum psychiatricum and information that has been given by a psychiatrist orally and in writing at the hearing, have an influence for the judge to add confidence that the defendant actually mentally ill, and in the end the judge ruled that the defendant found not mentally ill defendant must account for his actions.
IMPLEMENTASI PROGRAM E-KTP DALAM RANGKA TERTIB ADMINISTRASI KEPENDUDUKAN DI DESA MANGKOL KABUPATEN BANGKA TENGAH Sri Yuliana
Justici Vol 13 No 1 (2020): Justici
Publisher : Fakultas Hukum Universitas IBA Palembang

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Abstract E-KTP is a National KTP that is regulated in Law No. 24 of 2013 concerning Population Administration, Presidential Regulation No. 26 of 2009 concerning the application of KTP based on the National Population Registration Number, and Presidential Regulation No. 35 of 2010 concerning amendments to Presidential Regulation No. 26 of 2009. With the enactment of Law Number 24 of 2013 concerning Population Administration with the aim of establishing orderly population administration in the National scale and ensuring legal certainty of civil rights of the population, also for the benefit of National development programs, so that updating of population data is required, publishing Population Identification Number (NIK) and e-KTP application. One of the improvements in community service in Mangkol Village is the implementation of the e-KTP program in order to improve the orderly administration of population. Before the national e-KTP program was implemented, the Directorate General of Population and Civil Registration of the Ministry of Home Affairs had used the SIAK (Population Administration Information System) application in Regencies / Cities in Indonesia, but in its implementation it turned out that not all districts / cities implemented it. This is due to data communication network problems that have not been able to go online throughout Indonesia and other problems. Based on data and findings in the field as well as observations made by the research team that the implementation of the e-KTP program in Mangkol Village has not been effective in its implementation due to various factors: 1. The distance where the e-KTP making is far enough causes the slow implementation of the e-KTP program in the Village Bowl. 2. As a result of the Mangkol Village area directly bound by the City of Pangkalpinang. 3. Mangkol Village area which is a division of the City of Pangkalpinang is one of the factors in the slow implementation of the e-KTP program in Mangkol Village Abstract E-KTP is a National KTP that is regulated in Law No. 24 of 2013 concerning Population Administration, Presidential Regulation No. 26 of 2009 concerning the application of KTP based on the National Population Registration Number, and Presidential Regulation No. 35 of 2010 concerning amendments to Presidential Regulation No. 26 of 2009. With the enactment of Law Number 24 of 2013 concerning Population Administration with the aim of establishing orderly population administration in the National scale and ensuring legal certainty of civil rights of the population, also for the benefit of National development programs, so that updating of population data is required, publishing Population Identification Number (NIK) and e-KTP application. One of the improvements in community service in Mangkol Village is the implementation of the e-KTP program in order to improve the orderly administration of population. Before the national e-KTP program was implemented, the Directorate General of Population and Civil Registration of the Ministry of Home Affairs had used the SIAK (Population Administration Information System) application in Regencies / Cities in Indonesia, but in its implementation it turned out that not all districts / cities implemented it. This is due to data communication network problems that have not been able to go online throughout Indonesia and other problems. Based on data and findings in the field as well as observations made by the research team that the implementation of the e-KTP program in Mangkol Village has not been effective in its implementation due to various factors: 1. The distance where the e-KTP making is far enough causes the slow implementation of the e-KTP program in the Village Bowl. 2. As a result of the Mangkol Village area directly bound by the City of Pangkalpinang. 3. Mangkol Village area which is a division of the City of Pangkalpinang is one of the factors in the slow implementation of the e-KTP program in Mangkol Village
PENGAKUAN DAN PERLINDUNGAN HAK ATAS TANAH MASYARAKAT ADAT DALAM HUBUNGANNYA DENGAN USAHA PERTAMBANGAN Zakaria Abbas; Evi Oktarina
Justici Vol 13 No 1 (2020): Justici
Publisher : Fakultas Hukum Universitas IBA Palembang

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ABSTRACT Mining business activities in the area of ​​indigenous peoples in recent decades have caused quite a number of problems which are considered to be detrimental to their interests, only in terms of the recognition and protection of indigenous and tribal peoples so far they have not been recognized and protected optimally in implementing communal management rights, both land rights , territories, cultures and natural resources obtained from generation to generation as well as those obtained through other mechanisms that are valid according to local customary law. Not yet optimal recognition and role of indigenous and tribal peoples in mining business activities will lead to conflicts in the mining business activities In the Oil and Gas Law, Law No. 4 of 2009 concerning Mineral and Coal Mining (UU Minerba) does not provide specific provisions regarding indigenous peoples, in the Minerba Act the regulation is more general in nature regarding the role and involvement of the community than a more specific category of indigenous peoples. Protection of indigenous peoples in mining business activities are only contained in Article 11, Article 33 and Article 34 of Law no. 22 of 2001 concerning Oil and Gas
PEMBUKTIAN UNSUR KECAKAPAN DAN KEWENANGAN PARA PIHAK DALAM TRANSAKSI BISNIS E-COMMERCE Yonani Yonani
Justici Vol 13 No 1 (2020): Justici
Publisher : Fakultas Hukum Universitas IBA Palembang

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ABSTRACT The existence of business transactions through the internet brings different new implications, where business activities are initially carried out in person and face-to-face between parties, but with the existence of the internet business activities can be carried out electronically, or better known as electronic -commerce and abbreviated as e-commerce. Recognition of electronic contracts as a form of agreement in the Indonesian Civil Code (KUH Perdata) is still a complicated problem. Article 1313 of the Civil Code concerning the definition of the agreement does not determine that an agreement must be made in writing. The validity of electronic contracts as a form of agreement in the Indonesian Civil Code is still a complicated problem. Article 1313 of the Civil Code concerning the definition of an agreement is an act in which one or more people attach themselves to one or more other people. If referring to this definition, an electronic contract can be considered as a form of agreement that complies with the provisions of Article 1313 of the Civil Code
KEBIJAKAN HUKUM PIDANA DALAM MEREHABILITASI NARAPIDANA ANAK A.Latief Hasjim; Erniwati Erniwati
Justici Vol 13 No 1 (2020): Justici
Publisher : Fakultas Hukum Universitas IBA Palembang

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ABSTRACT Crime or crime does not limit gender and is not monopolized by adults or parents, in fact not even a small number of children are perpetrators of crime, which is generally "blue collar crime" or "blue collar crime". But whatever type of crime is committed, if the crime is serious and dangerous enough, then of course it can be imposed with imprisonment, whose excess is certainly not very good for a child. is the next generation of the nation. The criminal law policy in the field of fostering child convicts within the framework of rehabilitation efforts, is quite complete, governing successively regarding: Legal Policies Regarding Criminal Children and Child Prisoners, Legal Policies Regarding Institutions for Criminal Rehabilitation of Children, Forms and Stages of Child Prisoners Development

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