Deposisi: Jurnal Publikasi Ilmu Hukum
Deposisi: Jurnal Publikasi Ilmu Hukum dengan e-ISSN : 2987-4211 p-ISSN : 2987-5188 adalah jurnal yang ditujukan untuk publikasi artikel ilmiah yang diterbitkan oleh International Forum of Researchers and Lecturers. Jurnal ini memuat kajian-kajian di bidang ilmu hukum dan Sosial Politik baik secara teoritik maupun empirik. Fokus jurnal ini tentang kajian-kajian hukum perdata, hukum pidana, hukum tata negara, hukum internasional, hukum acara dan hukum adat, politik dan ilmu sosial. Jurnal ini diterbitkan 4 kali setahun (Maret, Juni, September dan Desember).
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258 Documents
<![CDATA[Wewenang Kepala Desa dalam Membina Ketentraman dan Ketertiban Masyarakat Desa di Desa Bodae dan Desa Keliha Kecamatan Sabu Timur Kabupaten Sabu Raijua ]]>
<![CDATA[ Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 2 No. 2 (2024): Juni : Jurnal Publikasi Ilmu Hukum ]]>
Publisher : <![CDATA[International Forum of Researchers and Lecturers ]]>
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DOI: 10.59581/deposisi.v2i2.3005
<![CDATA[The purpose of this study was to determine the authority of the village head in fostering community peace and order in the village and to determine and examine the inhibiting factors of the village head's authority in fostering community peace and order in Bodae village and Keliha village. This research uses an empirical juridical approach method, namely the methods and procedures used to solve problems, this research first examines secondary data, then proceeds to conduct research on primary data in the field. The results of the research The authority of the Village Head in fostering the peace and order of the village community has not been carried out effectively, this is because there are several things behind it, namely the theft cases that occur because the environmental security system is not implemented effectively, unguarded livestock such as oxen that enter the residents' garden yards to cause losses to the farming community, chicken gambling can disturb the order of the village community. The inhibiting factors of the authority of the village head are the low level of human resources, the ineffective implementation of the environmental security system, the lack of understanding of the community in understanding order in the village environment.]]>
<![CDATA[Perlindungan Hukum bagi Konsumen Marketplace terhadap Tidak Tercantumnya Berat Bersih dalam Produk Makanan Kemasan Menurut Undang-Undang Nomor 8 Tahun 1999 tentang Perlindungan Konsumen ]]>
<![CDATA[ Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 2 No. 2 (2024): Juni : Jurnal Publikasi Ilmu Hukum ]]>
Publisher : <![CDATA[International Forum of Researchers and Lecturers ]]>
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DOI: 10.59581/deposisi.v2i2.3010
<![CDATA[Along with technological developments, buying and selling transactions are also influenced by technological developments. In the past, buying and selling transactions were carried out in markets, shops, stalls, but nowadays sellers and buyers carry out buying and selling transactions online (e-commerce), one of which is the marketplace. The increasingly consumerist life of society in the era of globalization has resulted in reduced public awareness of the packaged food products they consume. There are problems that often arise regarding the inclusion of net weight. For example, business actors do not include net weight information on packaged food products. This problem is certainly detrimental to the public because they do not know the actual net weight of the food product. The main problems in this research are (1) What is the legal protection for marketplace consumers against packaged food products that do not include net weight? (2) What factors cause packaged food product businesses in the marketplace to not include net weight? This research is empirical juridical research, meaning that analyzing problems is carried out by combining legal materials which are secondary data with primary data obtained in the field. The legal sources and materials used are primary and secondary legal materials. The results of this research indicate that legal protection for marketplace consumers for packaged food products that do not include net weight according to Law Number 8 of 1999 has not been implemented which has different (varied) answers from consumers because some consumers say that there are still business actors who have not know about the rules for including net weight and from the Kupang City Industry and Trade Service itself which has never handled cases regarding business actors selling packaged food products that do not include net weight, in other words there have been no complaints.]]>
<![CDATA[Penjatuhan Hukuman di Bawah Ancaman Pidana Minimum terhadap Pelaku Tindak Pidana Korupsi Pemerasan oleh Pegawai Negeri Sipil (PNS) di Pelabuhan Kelas III Larantuka Nusa Tenggara Timur : (Studi Kasus: Putusan Pengadilan Negeri Kupang Nomor 17/Pid.Sus-TPK/2017/Pn.Kpg) ]]>
<![CDATA[ Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 2 No. 2 (2024): Juni : Jurnal Publikasi Ilmu Hukum ]]>
Publisher : <![CDATA[International Forum of Researchers and Lecturers ]]>
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DOI: 10.59581/deposisi.v2i2.3011
<![CDATA[The purpose of this study is to analyze the imposition of penalties under the minimum criminal threat against perpetrators of corruption extortion by civil servants (PNS) at the Class III port of Larantuka, East Nusa Tenggara (Case study: Kupang District Court Decision Number 17/Pid.Sus-Tpk/2017/Pn.Kpg). This research is a normative juridical research which means that the author does not use samples and data collection is carried out by the library method, with the object of study. After the data is obtained, the author will analyze juridically normative data obtained on the object of study. The corruption case of I Wayan Adisucipto SN was proven to have violated Article 12 letter e Jo Article 12 A of Law No. 31 of 1999 jo Law No. 20 of 2001 concerning Eradication of Corruption, which states a maximum of 20 years in prison or life imprisonment and a minimum of 4 years, but in reality the judge imposed a prison sentence of only 5 months, the decision imposed by the judge that is not considered according to / based on the law will be null and void. The imposition of a 5-month sentence for the defendant by the judge in Number: 17/Pid.Sus-Tpk/2017/Pn.Kpg is not in accordance with the punishment system. From this research, the author can conclude that the Judge's consideration is not based on the provisions of the legislation, namely Article 12 letter e jo Article 12 A Paragraph (2) of Law No. 31 of 1999 Jo Law No. 20 of 2001 concerning Eradication of Corruption which is a minimum imprisonment of at least 4 (four) years and a maximum of 20 (twenty) years so that it is contrary to the applicable law.]]>
<![CDATA[Perlidungan Hukum Justice Collaborator Dalam Tindak Pidana Pembunuhan Berencana: Studi Putusan Nomor 798/Pid.B/2022/PN.Jkt.Sel. ]]>
<![CDATA[ Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 2 No. 2 (2024): Juni : Jurnal Publikasi Ilmu Hukum ]]>
Publisher : <![CDATA[International Forum of Researchers and Lecturers ]]>
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DOI: 10.59581/deposisi.v2i2.3027
<![CDATA[The world history of Justice Collaborators began in 1963 when the United States federal government awarded facilities or awards to a winner named Joe Cago. Cago was a member of a criminal organization whose members were Italian immigrants or descendants of Italians living in the country. The reason is, every member of this criminal organization who is arrested will still uphold omerta, or the culture of silence in the mafia network, and they never leak information about their organization to the authorities, making it difficult for the authorities. The research method used is normative juridical. The use of this type of normative juridical research is because the object of study is related to legal principles and principles as well as theories and opinions of legal experts. Criminal Law that include Justice Collaborators in criminal activities are inadequate, so that law enforcement officials cannot legally rely on this system. It turns out that there are many things that need to be set aside to achieve justice collaborator status, in terms of relevance. Many legal experts have expressed the same thing, the use of justice collaborator status is only to show appreciation for criminals who actively participate in cases that are difficult to prove.]]>
<![CDATA[Peran Notaris Dalam Pengesahan Perjanjian Pranikah ]]>
<![CDATA[ Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 2 No. 2 (2024): Juni : Jurnal Publikasi Ilmu Hukum ]]>
Publisher : <![CDATA[International Forum of Researchers and Lecturers ]]>
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DOI: 10.59581/deposisi.v2i2.3032
<![CDATA[The role of a notary as a party who has the authority to legalize a marriage agreement in the form of a written agreement, with the intention of converting the marriage agreement into a notarial deed if the parties wish. Recording a prenuptial agreement on a marriage certificate is considered very important because a married couple during the marriage period must have carried out a legal action, if no recording is made, the marriage agreement is only binding for the parties who make it. The method used is a normative legal approach or statutory approach. This paper concludes that: 1) Notaries have an important role in making a marriage agreement deed by writing down the wishes of the husband and wife by applying Article 1338 of the Civil Code concerning freedom of contract and Article 1320 of the Civil Code concerning the valid requirements of the agreement. 2) When viewed from the community's point of view, there are many factors that cause notaries to notarize marriage agreements, such as unclear legal rules such as what and how the law is. It is also difficult for the community to make an agreement between the notary or the dukcapil office and the lack of public interest in making a prenuptial agreement.]]>
<![CDATA[Pentingnya Pancasila Sebagai Ideologi Negara Dalam Membangun Kesejahteraan Bangsa ]]>
<![CDATA[ Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 2 No. 2 (2024): Juni : Jurnal Publikasi Ilmu Hukum ]]>
Publisher : <![CDATA[International Forum of Researchers and Lecturers ]]>
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DOI: 10.59581/deposisi.v2i2.3037
<![CDATA[The formulation of Pancasila is contained in the Preamble to the 1945 Constitution. Pancasila has officially become the basis of the state, the state ideology, and is a source of law in statutory regulations. As a state ideology, the values of Pancasila principles must be instilled in the nation from an early age. This is important to preserve culture and maintain the integrity of the Republic of Indonesia from threats from state ideology. Education about Pancasila is an example and way to instill moral and broad-minded individuals in the life of the nation and state. With the erosion of Pancasila values in people's lives, it triggers the threat of loss of national character and other forms of threats such as threats from within the country and from abroad which of course can be detrimental to the people of the nation and state. Threats can be physical or non-physical threats that can occur at any time and can attack anyone. Therefore, it is important for the Indonesian people to explore the nation's ideology, namely Pancasila, and make it a guideline for national life in order to advance general welfare.]]>
<![CDATA[Penerapan Sanksi Pidana terhadap Anak Sebagai Pelaku Tindak Pidana Penganiayaan di Kabupaten Belu ]]>
<![CDATA[ Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 2 No. 2 (2024): Juni : Jurnal Publikasi Ilmu Hukum ]]>
Publisher : <![CDATA[International Forum of Researchers and Lecturers ]]>
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DOI: 10.59581/deposisi.v2i2.3041
<![CDATA[Children are the nation's assets as the successors of the nation's founders to make the country a developed country. As the nation's successors, children must receive comprehensive and massive protection. In the Child Protection Law, it is stated that children need special protection in various situations. For children who are in conflict with the law, the State provides legitimacy in the hope of changing children's behavior and the involvement of many parties in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System or later known as the SPPA Law. The case taken by the author is a case where it is explained that a child in conflict with the law is a recidivist or has committed a repeat crime. Child recidivism is basically the same as recidivism in general, the difference is that the perpetrator here is a child. Repetition of criminal acts here means criminal acts committed by children, whether similar or dissimilar criminal acts, including criminal acts completed through diversion. It is explained that the case written is a case of repetition of criminal acts or recidivism committed by children of criminals. The legal process for the criminal act of abuse committed by Rui Vicente alias Aroni's child no longer takes the diversion route because the perpetrator's child is a recidivist. In this regard, child perpetrators are being processed in court by holding trials which are charged under Article 351 paragraph (1) of the Indonesian Criminal Code. UU no. 11 of 2012 concerning the Juvenile Criminal Justice System.]]>
<![CDATA[Perlindungan Hukum terhadap Anak Korban Tindak Pidana Pencabulan di Kabupaten Malaka ]]>
<![CDATA[ Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 2 No. 2 (2024): Juni : Jurnal Publikasi Ilmu Hukum ]]>
Publisher : <![CDATA[International Forum of Researchers and Lecturers ]]>
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DOI: 10.59581/deposisi.v2i2.3043
<![CDATA[Children are a trust and gift from the Almighty God in whom the honor and dignity of being a complete human being is inherent. Every child has dignity that should be upheld and every child born must receive their rights without the child asking. It's time for the wrong paradigm that thinks children have no rights and must always obey their parents. One of the problems of violence against children is sexual violence which is the focus of this research. The cases of violence that occur are one of the weaknesses in legal protection and protection of the human rights of children who are victims, even though it is the children who must be protected. Children's rights have been expressly stated in the constitution, that the state guarantees every child the right to survival, growth and development and the right to protection from violence and discrimination. The best interests of children need to be respected, as the best interests for the survival of humanity. So that everyone always tries to ensure that children do not become victims of violence, or children fall into committing evil acts or other disgraceful acts. In general, criminal law was born to regulate and organize community life in order to create and maintain public order. Thus, before using crime as a tool/sanction, it is necessary to understand the tool itself. The Criminal Code as the parent or main source of criminal law has detailed the types of crimes, as formulated in article 10 of the Criminal Code. The research results show that the legal process in Malacca Regency is running as the law should, while the research results regarding child protection are not running or being implemented as well as possible due to the lack of legal assistance in the form of safe houses for women and children, psychologists and so on. Lack of direct support from the government itself in handling cases that occur. It is only limited to outreach to residents regarding the impacts and things that should be done to achieve harmony within the families of Malacca Regency itself.]]>
<![CDATA[Tanggung Jawab Pelaku Usaha terhadap Konsumen yang Mengalami Perbedaan Harga Antara Label Harga dan Harga Kasir di Tinjau dari Undang-Undang Nomor 8 Tahun 1999 tentang Perlindungan Konsumen: (Studi Kasus di Toko Suba Suka, Kota Kupang) ]]>
<![CDATA[ Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 2 No. 2 (2024): Juni : Jurnal Publikasi Ilmu Hukum ]]>
Publisher : <![CDATA[International Forum of Researchers and Lecturers ]]>
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DOI: 10.59581/deposisi.v2i2.3045
<![CDATA[The price difference between the price tag and the cashier's price that occurs at Suba Suka Store is a form of violation of consumer rights, so that legal certainty is needed to protect the rights and obligations of consumers and business actors. The formulation of this research problem are: (a) How is legal protection for consumers who experience price differences between price tags and cashier's prices according to Law Number 8 of 1999 concerning Consumer Protection? (b) What is the responsibility of business actors regarding price differences between price tags and cashier's prices experienced by consumers at Suba Suka Store, Kupang City? The objectives of this research are: (a) To determine the legal protection for consumers who experience price differences based on Law Number 8 of 1999 concerning Consumer Protection; and (b) To determine the form of responsibility of business actors in handling the problem of price differences at Suba Suka Store in Kupang City. The results showed that (a) Legal protection for consumers who experience price differences is clearly regulated, but in its implementation based on existing provisions, it has not been carried out properly because there has been no complaint to be resolved directly by the authorized party, namely BPSK at the NTT Provincial Disperindag, so that when consumers file a complaint (b) the form of responsibility of the Suba Suka Store is to provide prices according to what is found by the store, the rest is the right of consumers to decide to continue or cancel the transaction. The conclusions in this paper are: (a) The legal protection provided has not been implemented properly because it has never been resolved by the authorized party, either directly or indirectly (b) errors in the price tag and cashier's price are things that need to be paid attention to again by the Suba Suka Store to become their full responsibility to solve the problem of price differences that occur. The author's suggestions (a) it is necessary to increase supervision and provide socialization about consumer protection (b) every business actor pays more attention to replacing price tags (c) consumers are expected to be smarter and increase awareness when they realize their rights are being violated (d) to further researchers so that they can continue this research to support this thesis.]]>
<![CDATA[Prosedur Perwalian, Hak dan Kewajiban Para Pihak Serta Faktor Penghambat dalam Pelaksanaan Perwalian Anak oleh Panti Asuhan Eugene Schmiz di Kelurahan Lewoleba Timur Berdasarkan Hukum Perdata ]]>
<![CDATA[ Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 2 No. 2 (2024): Juni : Jurnal Publikasi Ilmu Hukum ]]>
Publisher : <![CDATA[International Forum of Researchers and Lecturers ]]>
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DOI: 10.59581/deposisi.v2i2.3046
<![CDATA[Guardianship is the authority in the maintenance and supervision of minors, who are not under the authority of their parents and the management of the objects or assets of the child that have been regulated by law. In the implementation of child guardianship there are procedures that regulate it, but in reality the Eugene Schmitz Orphanage implements the rules in its own way. The formulation of the problem: (1) What are the procedures for child guardianship at the Eugene Schmitz Orphanage in Lewoleba Timur Village based on civil law? (2) What are the rights and obligations of the parties in the implementation of child guardianship at the Eugene Schmitz Orphanage in Lewoleba Timur Village based on civil law? (3) What are the inhibiting factors in the implementation of child guardianship at the Eugene Schmitz Orphanage, Lewoleba Timur Village?. The objectives of this research are: (1) To Know the Procedure of Child Guardianship at the Eugene Schmitz Orphanage in Lewoleba Timur Village Based on Civil Law. (2) To Know the Rights and Obligations of the Parties in the Implementation of Child Guardianship at the Eugene Schmitz Orphanage in Lewoleba Timur Village Based on Civil Law. (3) To find out the inhibiting factors in the implementation of child guardianship at the Eugene Schmitz Orphanage in Lewoleba Timur Village. The benefit of this research is to add information for the government to better supervise guardianship procedures and add information to the public to find out the child guardianship procedure. The method used in this research is empirical juridical legal method. The results showed that: (1) The procedure for implementing child guardianship at the Eugene Schmitz Orphanage applies its own rules which are simple, straightforward, do not require a lot of money and do not require a long time so that both the orphanage management, caregivers and children who enter know about the procedure and help parents in the administrative process. (2) The rights and obligations of the parties to the Orphanage arise as a result of the responsibility for their respective roles, although it has been well implemented, in fact there are problems that arise resulting in unbalanced rights and obligations. (3) The inhibiting factors experienced in the implementation of guardianship are ignorance of guardianship procedures, lack of entry requirements and children who enter without biological parents. The conclusions in this study are (1) The child guardianship procedure at the Eugene Schmitz Orphanage does not apply the rules in accordance with the Provisions of the Law. (2) The rights and obligations of the parties are balanced as a result of responsibility for their respective roles. (3) The inhibiting factors in the implementation of guardianship are ignorance of procedures, lack of files/documents and unclear identity of the child. The author's suggestion is the need for socialization from the government to orphanage administrators and the community regarding child guardianship procedures in accordance with the provisions of the Law.]]>
