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Articles 13 Documents
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Search results for , issue "Vol. 3 No. 2 (2023): October Issue" : 13 Documents clear
Detention Of Suspects Under The Indonesian Criminal Law Anzhari, Anzhari; Sunardi, Sunardi; Muhibbin, Moh.
International Journal of Law, Environment, and Natural Resources Vol. 3 No. 2 (2023): October Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v3i2.56

Abstract

The research aims to describe the provisions of Indonesian criminal law regarding the detention of suspects and to analyze the legal protection of suspects during detention in terms of Indonesian criminal law. This research is a normative legal research, which examines laws and regulations in a coherent legal system and legal values ??related to the detention of suspects in the study of Indonesian criminal law. The results of the study show that the provisions for detaining suspects are regulated in Article 1 point 21 of the Criminal Procedure Code of Criminal Procedure. While in detention, suspects can exercise their rights in accordance with articles 50 to 68 of the Criminal Procedure Code (KUHAP).l protection is always associated with the concept of rechtstaat or the concept of the Rule of Law because the birth of these concepts cannot be separated from the desire to provide recognition and protection of human rights. A suspect has rights at the time of detention that are guaranteed by law, such as the right to receive and read a Detention Warrant or a Judge's Order which lists the identity of the suspect or defendant and states the reasons for the detention and a brief description of the crime case being suspected or charged and the place where he is being detained in accordance with Article 21 paragraph (2) Criminal Procedure Code.
Granting Of Criminal Sanctions Against Children Consumpting Narcotics Ediwan, Elche Angelina; Parmono, Budi; Muhibbin, Moh.
International Journal of Law, Environment, and Natural Resources Vol. 3 No. 2 (2023): October Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v3i2.57

Abstract

This research aims to describe the regulation of Narcotics criminal acts according to positive law in Indonesia and those responsible for criminal sanctions against children who use Narcotics according to Law Number 35 of 2009 concerning Narcotics’ This research is normative legal research, descriptive in nature, statutory approach, consisting of primary, secondary and tertiary legal materials. Qualitative analysis is carried out systematically in order to get answers to problems. The results of the study stated that the regulation of narcotics crimes began with Law No. 9 of 1976 which prohibited the manufacture, storage, distribution and use of narcotics. Then Law No. 22 of 1997 with a wider scope, the criminal threat is made worse in the form of the death penalty. Then Law no. 35 of 2009, prohibits possessing, storing, controlling or providing Narcotics and Narcotics Precursors; the act of producing, importing, exporting, or releasing Narcotics and Narcotics precursor; acts in the form of offering to sell, sell, buy, receive, become an intermediary in buying and selling, exchanging, or handing over Narcotics and Narcotics precursors; and acts in the form of bringing, sending, transporting or transiting Narcotics and precursors. Criminal sanctions for children who use Narcotics are regulated in Law No. 3 of 1997 concerning Juvenile Courts and Law No. 35. Children who commit Narcotics crimes can be sentenced under Article 127 of Law No. 35 of 2009 in conjunction with Article 22 of Law No. 3 of 1997 amended to Law No. 11 of 2012 concerning the Juvenile Criminal Justice System. Prison sentence that can be written off for Narcotics children is no longer than ½ (one half) of the maximum prison sentence for adults.
Sexual Violence Against Children And Criminal Sanctions Towards Actors Based On The System Of Indonesian Law Monikasari, Shandra; Muhibbin, Moh.; Arief, Hanafi
International Journal of Law, Environment, and Natural Resources Vol. 3 No. 2 (2023): October Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v3i2.60

Abstract

This study aims to describe how the criminal law regulates sexual violence in Indonesian positive law and to analyze how criminal sanctions for perpetrators of sexual violence against biological children are in Indonesian positive law. This research was conducted using normative legal research in the form of library research using three types of legal materials, namely primary legal materials, secondary legal materials and tertiary legal materials, with a qualitative descriptive research analysis.The results of the study stated that the crime of sexual violence as a whole is regulated in the Criminal Code (KUHP), the Human Rights Law Number 39 of 1999, the Elimination of Domestic Violence Law Number 23 of 2004. And specifically against children as victims regulated in Law Number 35 of 2014 concerning Amendments to Law number 23 of 2002 concerning Child Protection. The results of other studies state that criminal sanctions for perpetrators of sexual violence in the Criminal Code against minors are formulated in Article 285 of the Criminal Code, namely imprisonment for a maximum of twelve years. Whereas in the Child Protection Act, imprisonment based on Article is a minimum of 5 (five) years and a maximum of 15 (fifteen) years and a maximum fine of Rp. 5,000,000,000.00 (five billion rupiah). Parents, guardians, caregivers of children, educators, or educational staff, then the penalty is added to 1/3 (one third) of the criminal threat as referred to in paragraph (1).
Independence of Judges In Imposting Community Service Criminals In Child Criminal Cases Sartika, Sarai Dwi
International Journal of Law, Environment, and Natural Resources Vol. 3 No. 2 (2023): October Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v3i2.73

Abstract

Children are the next generation of the nation, where a child who is involved in a crime must still be protected by the state. The imposition of a community service crime is an alternative type of punishment to a crime of deprivation of liberty or imprisonment which has the aim of preventing children from the negative effects of applying prison sentences. After the birth of Government Regulation Number 58 of 2022 concerning Forms and Procedures for Implementation of Crime and Actions Against Children, there are several obstacles such as the inconsistency of these regulations with the The Juvenile Justice System Law and the Judicial Powers Law, which gives rise to the independence of judges in deciding juvenile criminal cases, besides this it is still the limited resources of competent judges and the lack of infrastructure are obstacles to imposing community service crimes for child cases. The thesis will discuss what are the obstacles in making community service decisions and how to overcome these obstacles. This research method uses normative juridical research methods, which use a qualitative approach. Furthermore, it is known that there is a need for normalization of the implementing regulations for the Juvenile Justice System Law, training for Judge Resources through certification, and the importance of The Ministry of Law and Human Rights having an MOU with government and private institutions for the certainty of community service criminal places for judges in deciding cases.
Examination of Parties to Electronic Litigation in the Religious Courts Faghfirli, A. Rizqon
International Journal of Law, Environment, and Natural Resources Vol. 3 No. 2 (2023): October Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v3i2.74

Abstract

Electronic courts provide convenience to justice seekers starting from registration, summons, and trial proceedings. On the other hand, electronic trials will also have implications for the effectiveness and efficiency of the litigation process, so that not much time is wasted and costs are not incurred. However, it is interesting to analyze in fact that in Supreme Court Regulation Number 7 of 2022 the author does not find any rules governing the procedures for examining one of the litigants who do not agree to conduct electronic trials, in the case of electronic trials (e-Litigation) Court Regulations Agung Number 7 of 2022 only regulates the exchange of response documents, replicas and duplicates from the parties electronically as well as arrangements for examining witnesses or experts which can be carried out remotely through electronic audio-visual communication media. So a party who refuses an electronic trial is deemed not to have exercised his rights so this is detrimental to that party, there is no procedure available for that party to continue to exercise his rights.
Responsibility of Local Governments in Fulfilling the Right to Food Zulaeha, Mulyani; Ariany, Lies; Sapoetra, Rahmat Halim; Azzahra, Nabilla Nurrosyifa
International Journal of Law, Environment, and Natural Resources Vol. 3 No. 2 (2023): October Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v3i2.78

Abstract

Government Regulation Number 17 of 2015 concerning Food Security and Nutrition states that the Provincial Government, Regency/City Government, and/or Village Government implement policies and are responsible for the implementation of food security in their respective regions. Food security must be prioritized, and support from the Local Government and the Central Government in maintaining food security is important to prevent food crises. This study aims to analyze the policy of the Regional Government in managing food needs and providing food reserves so as to provide protection for the fulfillment of the right to food in South Kalimantan. Through socio-juridical research methods (socio-legal) using an interdisciplinary or "hybrid" approach between aspects of normative legal research through sociological approaches using qualitative analysis methods, it will be possible to observe the compatibility between das sollen and das sein, namely the integrity of a detailed and careful explanation of legal issues between law in book and law in action. As a form of responsibility, the Provincial Government of South Kalimantan has stipulated Regional Regulation and Regency/City Regulation as well as Regent/Mayor Regulation related to food as a legal basis in making policies/programs/activities related to food management and also providing food reserves so that communities are protected and the rights to their food are fulfilled both in quantity, quality, safe, diverse, nutritious, equitable and affordable. The regulation made is also should not contrary to the religion, beliefs, and culture of the community, so that the community and the individuals are able to live healthy, active, and productive sustainably. The government is also coordinating the agencies/SKPD Regional Government both vertically and horizontally, and carrying out cooperation about this matter with other regions.
Problems of Mangrove Forest Deporestation with the Status of Other User Areas for the Development of Residential Areas and Pond Activities in Kotabaru Regency From A Criminal Perspective Kity, Kity Tokan; Amin, Muhammad Erham; Syaufi, Ahmad; Mispansyah, Mispansyah
International Journal of Law, Environment, and Natural Resources Vol. 3 No. 2 (2023): October Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v3i2.79

Abstract

The purpose of carrying out this journal is to find out that deforestation of mangrove forests in Kotabaru Regency carried out by the community is an environmental crime and they want to know the sanctions that can be imposed on perpetrators of mangrove forest deforestation in Kotabaru Regency which cause damage to the mangrove forest ecosystem. The results of this writing are that the act of deforestation of mangrove forests in Kotabaru Regency, South Kalimantan Province is caused by the local government's RTRWK inventory process being less than thorough because there are still mangrove forests that are included in residential areas and fisheries cultivation areas. Furthermore, the act of mangrove deforestation is a criminal act of environmental destruction because it pollutes and destroys the surrounding environment, destroying mangrove forests, and destroying the mangrove ecosystem. Normative research type, doctrinal legal research type using philosophical thinking by finding a concept, research approach, statutory approach, and conceptual approach. Prescriptive nature of research types and primary secondary and tertiary research. There are still mangrove forest plants based on the author's research which are located on the sea coast of Silver Street, Semayap Village, Kotabaru Regency which extends to the Semayap Village housing complex which is a residential area in the RTRWK Kotabaru Regency is located in a residential area, so the author can conclude that the regional government's inventory process in the RTRW process is not thorough enough and the need for the RTRWK to be revised again, as well as the sea coast area, city boundaries, the village of Stagen District. Kotabaru with the presence of fish and shrimp ponds included in the RTRWK for cultivation areas, the writer can conclude that the regional government inventory process in the RTRW process is not thorough enough and the RTRWK needs to be revised again so that the writer concludes that the local regional government is also responsible for the deportation carried out by residential business actors. and pond cultivation on the side of Silver Street, Semayap Village, Kotabaru Regency up to the Semayap housing complex as well as fish pond cultivation on the coast at the city limits of Stagen Village, Kec. North Sea Island District. new city. The current impact is that this location often floods when the sea water is at high tide. The act of deforestation of mangrove forests in Kotabaru Regency, South Kalimantan Province is an environmental crime. Sanctions that can be imposed on the perpetrators are Article 98 paragraph (1) of the Law of the Republic of Indonesia Number 32 of 2009 concerning Protection and Management of the Environment Article 35 Letter e of the Republic of Indonesia Law Indonesia Number 27 of 2007 concerning Management of Coastal Areas and Small Islands and article 73 letter b of Law of the Republic of Indonesia Number 27 of 2007 concerning Management of Coastal Areas and Small Islands and the regional government should be asked for criminal liability in article 112 and article 113 UUPPLH.
Implementation of Restorative Justice in the Legal Area of the State Attorney of Banjar Regency South Kalimantan Tornado, Anang Shophan; Fahlani, Soffyan Angga; Alfath, Nur Khalis; Aida, Nur; Nisa, Noor Fidhiatun; Risna, Risna
International Journal of Law, Environment, and Natural Resources Vol. 3 No. 2 (2023): October Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v3i2.82

Abstract

Restorative Justice is a criminal settlement that emphasizes justice and creates a balance between the rights of victims and perpetrators. The prosecution has a role to play as the main active element in conducting and creating a result that can resolve a crime and fulfil justice for the victim. This study examines how the enforcement and obstacles and barriers in the implementation of restorative justice as well as the ideal form of the application of restaurative justice in the territory of the State Prosecutor's Office of Banjar Regency Kalimantan South Province.
The Shifting of Representation: from a Female Regent Presence to The Policy Interest of Rural Women Hairini, Siti Mauliana; Sari, Noviana
International Journal of Law, Environment, and Natural Resources Vol. 3 No. 2 (2023): October Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v3i2.86

Abstract

Exclusively, The theoretical and empirical studies on women's representation have focused on parliament and the existing literature on women in politics. The substantive representation become one of the main concerns of the scholars to be an instrument of how to pursue women's issues while, this paper has tried to analyze how the descriptive representation and the substantive representation are inseparable from female regent existence in politics. In the debate between descriptive representation and substantive representation of women in pursuing conservative political issues for rural women, this study considers that there is a causal relationship between the two representation models. The politics of presence and ideas of female Regent who implemented electronic voting (e-voting) in simultaneous village head elections in Barito Kuala District has strongly created a symbol for women that indirectly fostered a sense of commons destiny and experience for women to encourage their participation and increase the electability of women in village politics.
Blocking of Other Party's Account Used by Suspect of Money Laundering Crime in Narcotics Case Sulistianor, Eko
International Journal of Law, Environment, and Natural Resources Vol. 3 No. 2 (2023): October Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v3i2.89

Abstract

This study aims to analyze the action of blocking accounts of other parties used by suspects of money laundering crimes in narcotics cases. The research adopts a normative legal approach with a descriptive nature. The focus of this study is on the process and legal implications of blocking accounts of other parties in narcotics cases involving money laundering. The legal approach in this research includes analyzing relevant laws and understanding related legal principles. The findings of this study will provide insights into the practice of blocking accounts in the context of narcotics law enforcement and money laundering, as well as its implications within the criminal justice system. The conclusion of this research will offer a better understanding of how the process of blocking accounts of other parties can contribute to the effective handling of narcotics and money laundering cases.

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