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<![CDATA[Penegakan Hukum terhadap Pertambangan Batu Bara Ilegal di Wilayah Samarinda Kalimantan Timur ]]>
<![CDATA[Darmin Sumanggi]]>
<![CDATA[ HUMANIORUM Vol 1 No 01 (2023): Jurnal Humaniorum ]]>
Publisher : <![CDATA[PT Elaborium Elevasi Indonesia ]]>
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DOI: 10.37010/hmr.v1i01.1
<![CDATA[Mining management in Indonesia which is currently given the authority to be delegated to each region that has the potential for natural resources, as stated in CHAPTER VI of the 1945 Constitution of the Republic of Indonesia after the amendment of Regional Government. Article 18 paragraph (5) states that "Regional governments exercise the widest possible autonomy, except for government affairs which are determined by law as affairs of the Central Government". With the results of the study that mining activities without a permit (illegal coal mining) is a criminal act that requires law enforcement efforts against it. The control carried out by Distamben on coal mining without a permit is first through a partnership pattern, secondly, the control with the Satpol PP, and finally the control involves the Samarinda City Police.]]>
<![CDATA[Analisis UU No. 8 Tahun 1999 Sebagai Perlindungan Hukum Bagi Konsumen Pengguna Uang Elektronik (E-Money) pada Bank Syariah Mandiri ]]>
<![CDATA[Aulia Passya Fauzi]]>
<![CDATA[ HUMANIORUM Vol 1 No 01 (2023): Jurnal Humaniorum ]]>
Publisher : <![CDATA[PT Elaborium Elevasi Indonesia ]]>
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DOI: 10.37010/hmr.v1i01.3
<![CDATA[Prospective BSM E-Money card users will not be required to register (unregistered system), which means they do not need to fill in their identity at Bank Syariah Mandiri. However, there are things that need to be considered by prospective BSM E-Money card users, namely that Bank Syariah Mandiri will not replace the balance used by irresponsible parties if the card chip is lost. This is because, in use, starter packs do not require a PIN or signature anymore. So, of course, the law needs to step in to protect electronic money users from risks that may result in major losses for electronic money users. As consumers, electronic money users can refer to legal protection in Article 1 Paragraph 2 of Law Number 8 of 1999 concerning Consumer Protection. The method used for writing this journal is a normative legal method using a qualitative approach. Given that there is no guarantee from the Deposit Insurance Agency (LPS), at least electronic card users are given equal rights and fairness, like a good relationship between ordinary bank customers and issuing banks, especially Bank Syariah Mandiri. Bank Syariah Mandiri is expected to be able to offer agreements in the use of electronic money payment instruments so that electronic money users can know their rights and obligations toward Bank Syariah Mandiri as business actors.]]>
<![CDATA[Analisis Yuridis Sistem Pembuktian, Beban Pembuktian, Alat Bukti dalam Undang-Undang Nomor 15 Tahun 2003 Tentang Tindak Pidana Terorisme ]]>
<![CDATA[Dika Pranata]]>
<![CDATA[ HUMANIORUM Vol 1 No 01 (2023): Jurnal Humaniorum ]]>
Publisher : <![CDATA[PT Elaborium Elevasi Indonesia ]]>
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DOI: 10.37010/hmr.v1i01.5
<![CDATA[As a lex specialis, Law Number 15 of 2003 has formal specificity compared to the Criminal Procedure Code. One of these specificities that is the focus of this writing is related to the use of evidence which is a renewal of the conventional proof process in the Criminal Procedure Code. The arrangement regarding evidence in Law Number 15 of 2003 can be seen in Article 27. How is the system of proof, burden of proof, evidence in Law Number 15 of 2003 concerning Criminal Acts of Terrorism? The type of research used is normative juridical. The results of the study show that in the process of proving there are three main things, namely the system of proof, the burden of proof, and evidence. In the settlement process for criminal acts of terrorism, evidence is closely related to Human Rights (HAM). To prove whether a person is involved or not in a criminal act of terrorism, the evidentiary process plays a very important role, considering that many punishments in Law Number 15 of 2003 are in the form of life sentences or death sentences which are actually contrary to human rights. The crime of terrorism is included in the type of extraordinary crime. In terms of proof, the burden of proof is the ordinary burden of proof according to Law Number 15 of 2003]]>
<![CDATA[Pengaruh Kekuatan Pembuktian Kesaksian yang Berdiri Sendiri Terhadap Putusan Perkara Pidana ]]>
<![CDATA[Dimas Farhann Danu Pratama]]>
<![CDATA[ HUMANIORUM Vol 1 No 01 (2023): Jurnal Humaniorum ]]>
Publisher : <![CDATA[PT Elaborium Elevasi Indonesia ]]>
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DOI: 10.37010/hmr.v1i01.6
<![CDATA[According to data from the Central Statistical Agency (2021), although Indonesia's crime rate has declined marginally over the past five years, this figure does not accurately reflect the strength of the country's legal system. There are at least 247,218 cases in 2020 and 239,481 cases in 2021. The existence of a judge's ruling is a crucial component of concluding a criminal case. Although witness testimony can be used as evidence in court, one sort of witness statement, known as "stand-alone testimony," is currently being researched for its potential. With respect to the case's comprehension, the author of this study will explore the problem's subject utilizing a legal-justice research methodology (Soekanto, 1986). This study was also carried out using the approach of statutory regulations and applicable theories. Based on the results and discussion above, the authors draw the conclusion that there is an effect of the strength of evidence from independent testimony on criminal case decisions, but it is not significant. The judge cannot use testimony that stands alone as evidence because the testimony is counted as a single testimony, which does not meet the standard as a consideration in deciding a crime against the defendant.]]>
<![CDATA[Kajian Efektivitas Program Rehabilitasi sebagai Salah Satu Sektor Rencana Kerja Asean dalam Menangani Anak Penyalahguna Narkotika ]]>
<![CDATA[Ahmad Fajar Satrio]]>
<![CDATA[ HUMANIORUM Vol 1 No 01 (2023): Jurnal Humaniorum ]]>
Publisher : <![CDATA[PT Elaborium Elevasi Indonesia ]]>
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DOI: 10.37010/hmr.v1i01.7
<![CDATA[Currently, drug abuse by children continues to be a public concern and never stops being discussed and publicized. Certain circles, such as ASEAN (the Association of Southeast Asian Nations), have always been committed to fighting the threat of drugs in the Southeast Asian region. The main vision of the region is to achieve a "drug-free ASEAN". Referring to the vision and slogan, ASEAN formed an ASEAN Work Plan (ASEAN Work Plan) with one sector, namely rehabilitation. The purpose of this research and study in general is to find out and discuss the effectiveness of the rehabilitation program as a sector of the ASEAN work plan in dealing with children who abuse narcotics. The method used for writing this journal is a normative legal method using a quantitative and qualitative approach. In writing this journal, the authors also follow a research typology that is descriptive in nature. Based on the research results, it can be concluded that the rehabilitation program, as a sector of the ASEAN work plan, can be said to be somewhat successful in dealing with children who abuse narcotics. However, the data above is not enough to prove that the rehabilitation program is a sector of the ASEAN work plan. This is due to the absence of proportions and data showing the results of the rehabilitation program as a sector of the ASEAN work plan. Referring to the Indonesian Drug Reports, BNN stated in the Mid-Term Review of the ASEAN Work Plan that the proportion of success in the rehabilitation sector was 80%..]]>
<![CDATA[Analisis Perlindungan Hukum terhadap Data Konsumen Marketplace di Indonesia Berdasarkan Undang-undang No 27 Tahun 2022 ]]>
<![CDATA[Zendik Anggriawan]]>;
<![CDATA[Ratih Kemala]]>;
<![CDATA[Erry Praditya]]>
<![CDATA[ HUMANIORUM Vol 1 No 02 (2023): Jurnal Humaniorum ]]>
Publisher : <![CDATA[PT Elaborium Elevasi Indonesia ]]>
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DOI: 10.37010/hmr.v1i02.10
<![CDATA[One of the legal problems in Indonesia is the lack of clarity and protection of consumer privacy and personal data because Indonesia does not yet have specific legal regulations to meet the public's need for better protection in the field of privacy and personal data. The inability of Indonesian law to keep up with developments in information technology can negatively impact the community's ability to run e-commerce. Indonesia still has deficiencies in two aspects, namely the consumer protection aspect and the privacy aspect. In this journal, the authors choose to apply a normative juridical method with a conceptual approach and a statutory approach related to the legal protection of marketplace consumer data. The technique of tracing legal materials uses a literature study technique as well as an analysis of the study using qualitative analysis. Based on the results of the discussion, the authors can conclude that legal protection for marketplace consumer data in Indonesia has been regulated in Law No. 27 of 2022 since October 17, 2022. This law is the main basis for dealing with rights violations related to personal data. This regulation was drafted to prevent conflicts between regulations and ensure the protection of personal data for the public. Article 1 describes general regulations related to personal data protection, while Article 57 regulates administrative sanctions that will be given if violations continue. Article 67 also explains criminal provisions related to violations of personal data.]]>
<![CDATA[Asas Pertanggungjawaban Mutlak (Strict Liability) dalam Penuntutan Tindak Pidana Lingkungan oleh Korporasi ]]>
<![CDATA[Brahmantiyo Rasyidi]]>;
<![CDATA[Gunawan Nachrawi]]>;
<![CDATA[Juwita Juwita]]>
<![CDATA[ HUMANIORUM Vol 1 No 02 (2023): Jurnal Humaniorum ]]>
Publisher : <![CDATA[PT Elaborium Elevasi Indonesia ]]>
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DOI: 10.37010/hmr.v1i02.13
<![CDATA[Indonesia is a legal country that upholds its legal principles. So far, the understanding of law has focused only on rigid rules and legal systems, without considering their relationship to the issues that need to be resolved. In the face of continuous changing times, humans need to adapt and transform in an effort to stay afloat. development also produces adverse consequences for society itself. One of the common negative impacts associated with development is its impact on the environment. The development carried out often causes problems in maintaining environmental sustainability. Corporations are colloquially called corporatie, corporation, or corporate in latin. In a narrow sense, it can be interpreted as a legal entity that has the authority to act and do something. In Indonesia, there is an incident that is still a vivid example of environmental pollution by corporate companies. Corporate criminal liability as a subject of criminal acts faces challenges when law enforcement officials still base it on the principle of culpability, which means "there is no criminality in the absence of guilt". The principle of absolute responsibility (Strict Liability) has been regulated in Article 88 of Law No. 32 of 2009 on Environmental Protection and Management in Indonesia. the author is interested to analyze the principle of strict liability in corporate responsibility and its application to environmental crimes with the title principle of absolute responsibility (Strict Liability) in the prosecution of environmental crimes by corporations. normative legal research methods that are descriptive.]]>
<![CDATA[Tinjauan Yuridis Tindak Pidana Kekerasan terhadap Aparat yang sedang Melakukan Tugas yang Sah : Studi Kasus Penyerangan terhadap Anggota Polrestabes Medan ]]>
<![CDATA[Yohanes Mosargadhajo]]>;
<![CDATA[Misbahul Huda]]>;
<![CDATA[Iwan Usmansyah]]>
<![CDATA[ HUMANIORUM Vol 1 No 02 (2023): Jurnal Humaniorum ]]>
Publisher : <![CDATA[PT Elaborium Elevasi Indonesia ]]>
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DOI: 10.37010/hmr.v1i02.14
<![CDATA[Several legal events that have taken place in recent years show increasingly flexible motives due to the impact of the times. One of them is the phenomenon of acts of violence that even occur in the community environment by involving police officers as law enforcers, both between officers and the community and fellow officers. This research aims to review from a juridical perspective the criminal act of violence against officials who are carrying out legal duties as a case study of the assault of a bookie and his group on members of the Medan Police who were carrying out their duties of raiding gambling places which are prohibited by law. The type of research used in this research is normative legal research with the method of literature study originating from primary legal material, namely the Criminal Code. The results of this study concluded that based on the Criminal Code, crimes committed by perpetrators in relation to assaults on members of the police can fulfill 3 multi-layered articles, namely Article 351 paragraph (2) of the Criminal Code concerning persecution causing serious injury with a maximum threat of 5 years imprisonment, Article 170 paragraph (2) 2nd of the Criminal Code regarding beatings which resulted in serious injury with a maximum threat of 9 years in prison, and Article 212 of the Criminal Code concerning acts of violence against officers with a maximum threat of 1 year and 4 months in prison. As for the provisions of multiple articles, it is regulated in Article 65 of the Criminal Code, namely that the threat is only one sentence with the basic criminal provisions of the same type with the most severe punishment but may add one third to a sentence.]]>
<![CDATA[Analisis Tindak Pidana dan Tuntutan Korban terhadap Tersangka Afiliator Platform Binary Option Nomor 117/PID.SUS/2022/PT BTN ]]>
<![CDATA[Taufik Tri Alpiansyah]]>;
<![CDATA[Marjan Miharja]]>;
<![CDATA[Lilis Purba]]>
<![CDATA[ HUMANIORUM Vol 1 No 02 (2023): Jurnal Humaniorum ]]>
Publisher : <![CDATA[PT Elaborium Elevasi Indonesia ]]>
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DOI: 10.37010/hmr.v1i02.15
<![CDATA[Binary options are online trading platforms offering funds in the form of money (forex), gold, silver and stocks. The problem that occurs in binary option transactions is not investment but is considered as online gambling, because it only predicts that assets have increased or decreased. The perpetrators attempted to carry out elements of money laundering from illegal investments in order to hide assets obtained from legal sources. Illegal investment is the main source of primary crime from money laundering. This study aims (1) to find out how the criminal act of a suspected binary option platform affiliator is. (2) What is the victim's claim regarding the suspected binary option platform affiliate, and (3) How is the prison sentence against the suspected binary option platform affiliate. The research method is normative juridical. The results of the study show that the criminal acts of suspected affiliators of the binary options platform are illegal investments and money laundering. The defendant Indra Kesuma was found to have violated the crime of money laundering and violating electronic transaction data violating the Prevention and Eradication of Money Laundering Crimes article 3 of Law Number 8 of 2010 and Article 45A paragraph (1) of Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions. Indra Kesuma was sentenced to 10 years in prison, a penalty of 5 billion rupiah but can be replaced by 10 months in prison if not paid. The results of the confiscation of assets in the binary option case are returned to the victim. The prison sentence for the alleged affiliator Indra Kesuma is in accordance with applicable law.]]>
<![CDATA[Kepastian Hukum Badan Arbitrase dan Alternatif Penyelesaian Sengketa Konstruksi Indonesia dalam Perjanjian Penanaman Modal Asing di Sektor Konstruksi ]]>
<![CDATA[Bayu Handoko]]>;
<![CDATA[RR. Lyia Aina Prihadiati]]>;
<![CDATA[Momon Mulyana]]>
<![CDATA[ HUMANIORUM Vol 1 No 02 (2023): Jurnal Humaniorum ]]>
Publisher : <![CDATA[PT Elaborium Elevasi Indonesia ]]>
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DOI: 10.37010/hmr.v1i02.16
<![CDATA[The Indonesian government is committed to prioritizing the acceleration of development and infrastructure and construction as one of the drivers of the national economy. This makes Indonesia the largest construction market in ASEAN. In regard with these achievements, currently Indonesia is become the leading country for foreign construction companies to operate and develop their business. The standard legal research is used as a research method. The results of the study show that there are several cooperation agreements that can be entered into between foreign investors and domestic investors. In particular, the Construction Services Law on Cooperation Agreements for Foreign Investment in Construction Sector offers opportunities for foreign companies to engage in construction development projects through the establishment of joint ventures or joint operations with Indonesian companies. The legal certainty of the Indonesian Construction Arbitration and Alternative Dispute Settlement Agency as one of the bodies authorized to resolve disputes arising from cooperation agreements on foreign investment in the construction sector is based on Article 32 of Law Number 25 of 2007 concerning Investment, Article 88 Law Number 2 of 2017 concerning Construction Services, Law Number 30 of 1999 concerning Arbitration dan Alternative Dispute and Article 93 paragraph (1) Government Regulation Number 22 of 2020 concerning Implementation Regulations of Law Number 2 of 2017 concerning Construction Services, which states that the stages of efforts to resolve Construction disputes include Mediation, Conciliation and arbitration.]]>
