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Jurist Argumentum Pemikiran Intelektual Hukum
Published by Universitas Teuku Umar
ISSN : -     EISSN : 29883687     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Jurist Argumentum (JJA) adalah jurnal mahasiswa ilmu hukum yang berada di naungan Prodi Ilmu Hukum Fakultas Ilmu Sosial dan Ilmu Politik, Universitas Teuku Umar. JJA merupakan jurnal ilmiah yang mewadahi dan memfasilitasi seluruh mahasiswa, akademisi, paktisi hukum dan pengamat hukum yang ingin berkontribusi terhadap ide, gagasan maupun pemikirannya dalam jurnal ilmiah ini untuk dapat dipublikasikan sehingga dapat bermanfaat bagi perkembangan ilmu pengetahuan khususnya Ilmu Hukum.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
 1 
Search results for , issue "Vol 1, No 2 (2023)" : 5 Documents clear
LAW ENFORCEMENT AGAINST THE PERPETRATORS OF ONLINE GAMBLING HIGGS DOMINO BASED ON QANUN ACEH NUMBER 6 OF 2014 CONCERNING JINAYAT LAW Teuku Oki Ama Arispan; Nouvan Moulia
Jurist Argumentum: Pemikiran Intelektual Hukum Vol 1, No 2 (2023)
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

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Abstract

As technology advances, criminal acts in gambling cases have developed, previously it was done in secret but now it can be done openly anywhere, the Higgs Domino online game has emerged and is categorized as a type of gambling act in recent years. in West Aceh Regency and law enforcement officers have arrested some of the perpetrators, but in reality there are still many members of society who carry out this gambling. This study aims to find out how law enforcement is and also the constraints that influence law enforcement carried out by law enforcement officials in West Aceh District against higgs domino online gambling actors based on Qanun Jinayat. This research is an empirical legal research that uses qualitative methods, data obtained through interviews and field observations.The research results show that law enforcement is carried out by the Police by means of appeals, collaboration with shop owners, patrols, joint raids and arrests. The Prosecutor's Office uses legal counseling and a program for prosecutors entering schools, while the Syar'iyah Court uses examination and adjudication, while the Satpol PP and WH use the WH Friday Khatib program, patrols and joint raids. Factors that hinder law enforcement are the large legal area, the site is still easily accessible, the public's lack of legal awareness, the public's unwillingness to cooperate, and several obstacles faced by police investigators. Suggestions in this study, the police need to work together with the ministry of communication and information technology to create a sophisticated tool that can detect, track and also remove sites that contain gambling, including the higgs domino online game. To the West Aceh District Government to create a special task force and provide infrastructure, special training for the task force in mastering technology in order to deal with gambling that arises with various variations.
THE EXISTENCE OF FINE PAYMENT AS AN ALTERNATIVE PUNISHMENT IN COURT Zainal Abidin Pakpahan
Jurist Argumentum: Pemikiran Intelektual Hukum Vol 1, No 2 (2023)
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

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Abstract

The existence of fines as one of the main types of punishment contained in Indonesian criminal law, has been a form of punishment applied since the time of the Dutch Criminal Code until now it has been adopted by Indonesia as its colonial country. The enactment of Law Number 1 of 1946 concerning Criminal Law Regulations which is a transplant of the Dutch Criminal Code into national criminal law, until the birth of a new Criminal Code based on Law Number 1 of 2023 concerning the Criminal Code, the existence of fines as a form of principal crime, is maintained so that the scope of the new criminal fines regulation. The new Criminal Code continues to categorize fines as one of the main types of criminal penalties, both in the new Criminal Code and the Old Criminal Code, such as, classification of criminal fines into eight categories, time period and method of payment of criminal fines, provisions regarding confiscating and auctioning off the property/belongings of convicts who do not pay fines, substitute penalties for fines which were previously in the form of imprisonment into prison sentences, supervision penalties and social work penalties which are the regulations governing the new Criminal Code
IMPEACHMENT JABATAN PLT GUBERNUR BERDASARKAN UNDANG-UNDANG NOMOR 11 TAHUN 2006 TENTANG PEMERINTAHAN ACEH Muhammad Afifuddin; Eza Aulia
Jurist Argumentum: Pemikiran Intelektual Hukum Vol 1, No 2 (2023)
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

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Abstract

The Aceh People's Representative Council in carrying out its controlling function supervises the Acting Governor's policies related to the Reforcusing funds in the 2020 APBA which range from Rp.1.7 trillion to Rp.2.3 trillion, the funds were diverted for the response to the COVID-19 pandemic, but no description of the activities and the amount of the budget was submitted to the DPRA, the next reason is about the installation of consumption stickers for the use of Premium and Subsidized Solar for Subsidized Cars and several other reasons, so that based on a number of these reasons the DPRA members consider that the Acting Governor of Aceh has violated the law and oath of office and plans to use his right to impeach the Acting Governor. The writing of this journal aims to find out whether the DPRA has the authority to impeach the Acting Governor and the extent of the authority possessed by the DPRA. This research uses normative / library juridical methods with a Legislation approach and a historical approach, data collection techniques in this study by examining primary legal materials, secondary legal materials, and tertiary legal materials, then the data that has been obtained is presented descriptively. The results of this study indicate that the DPRA does not have the authority to impeach the Acting Governor's position because the position is not a definitive position and the DPRA only has the authority to supervise not to the impeachment process. It is recommended that the DPRA continue to oversee the course of government run by the Acting Governor so that the course of government remains in accordance with the corridor, but do not impeach the Acting Governor, because the DPRA does not have this authority
PENERAPAN BESARAN GANTI RUGI HAK ATAS TANAH YANG DIGUNAKAN UNTUK KEPENTINGAN UMUM DALAM PERSPEKTIF KEADILAN Yuni Khairani; Putri Kemala Sari
Jurist Argumentum: Pemikiran Intelektual Hukum Vol 1, No 2 (2023)
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

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Abstract

Procurement of land for development in the public interest causes turmoil in practice, where there is coercion from the parties, both the government, which sets the price of compensation unilaterally and the land owner, demands a price that is considered unfair, while the existing legal instruments have not been able to accommodate two different interests. In the end, coercion and intimidation of the community occurred in terms of land acquisition for development in the public interest. As for the purpose of this research, namely to find out the determination of the amount of compensation for land rights that are used for the public interest according to the law and to find out the determination of the amount of compensation for land rights that applies already reflects the values of justice. The research method used by researchers in conducting this research is library research or normative research. In fact, compensation for land rights used for public purposes given by the government or authorized officials to those who use the land is not entirely fair. Determination of the amount of compensation is determined based on applicable laws and regulations and other regulations as long as they do not conflict with applicable regulations. Determination of the amount of compensation also refers to the sale value of the tax object (NJOP) if there is ignorance in determining the value of compensation. Compensation given by parties who need land to landowners is unfair, there is an element of non-transparency and does not match market prices in determining the value of the compensation given. Compensation given must be in accordance with existing laws and regulations, and for people affected by land acquisition to actually receive proper compensation, which is in accordance with the results of physical measurements as well as evaluations from other aspects
Eksistensi Pengawasan Dan Pelayanan Bea Dan Cukai Di Perairan Laut Teritorial Aceh Barat Dalam Kasus Rokok Ilegal Ria Agustina; Nila Trisna
Jurist Argumentum: Pemikiran Intelektual Hukum Vol 1, No 2 (2023)
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

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Abstract

West Aceh with its vast sea brings good benefits to the community, the natural resources contained in the sea are very abundant, so that they can be utilised for the welfare of the community. With a very large sea zone, West Aceh is vulnerable to the criminal act of smuggling illegal cigarettes. One of the criminal offences that occurred was the smuggling of illegal cigarettes. The formulation of the problem in this study is how the Supervision of the Meulaboh Customs and Excise Supervision and Service Office (KPPBC) in supervising the smuggling of illegal cigarettes and what are the factors that become obstacles for the Meulaboh Customs and Excise Supervision and Service Office (KPPBC) in conducting supervision of illegal cigarettes. The purpose of this study is to determine the Supervision of the Office of Customs and Excise Supervision and Services (KPPBC) Meulaboh in supervision of the smuggling of Illegal Cigarettes and to find out also the factors that become obstacles in conducting supervision of the smuggling of Illegal Cigarettes. This research is included in the type of empirical legal research. The results of this study are that the supervision carried out on the circulation of illegal cigarettes without excise until now is still widespread in the Meulaboh area, which handles excisable goods or illegal excise that has entered into the Meulaboh area, namely the Section Head of Enforcement and Investigation, as well as Factors that become obstacles for the Office of Customs and Excise Supervision and Services (KPPBC) Meulaboh in conducting supervision of illegal cigarettes, namely the Lack of Patrol Officer Personnel, Large Geographical Area, Economic Factors, Still weak supervision carried out by customs and excise officers and the lack of operational facilities.

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