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MOHAMMAD ALVI PRATAMA
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INDONESIA
JURNAL LITIGASI (e-Journal)
Published by Universitas Pasundan
ISSN : 08537100     EISSN : 24422274     DOI : http://dx.doi.org/10.23969/litigasi
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
JURNAL LITIGASI (e-Journal) is a peer-review journal with vision to develop law and harmony between Indonesian positive law and the reality in the society. JURNAL LITIGASI (e-Journal) aims to 1. Actively participate in national development and reformation of law; 2. Take part in educating higher education and legal profession in Indonesia; 3. Provide information on development of law in Indonesia 4. Enlight people in order to improve people’s knowledge of law JURNAL LITIGASI (e-Journal) is published by Fakultas Hukum Universitas Pasundan. LITIGASI covers articles on science of law, legal theories, legal philosophy, social study on law with latest and actual substances. LITIGASI publishes original and scientific articles whose values of novelty in the form of Research findings, Articles, Reviews, and Book Review.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 6 Documents
 1 
Search results for , issue "Vol 21 No 2 (2020)" : 6 Documents clear
INKLUSI SOSIAL MELALUI JARINGAN KERJA GOTONG ROYONG PADA MASA PANDEMI Leni Widi Mulyani
JURNAL LITIGASI (e-Journal) Vol 21 No 2 (2020)
Publisher : Fakultas Hukum Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v21i2.3399

Abstract

The Covid-19 pandemic has made the whole world experiences significant changes, including Indonesia. Public sectors were affected quite a bit, especially the economic sector for the middle to lower class. Community groups that depend on daily income have difficulty fulfilling their daily needs. Large-scale social restrictions (PSBB) on the one hand are unavoidable considering the many positive cases of Covid-19, in contrast many people facing difficulty to survive in the midst of economic uncertainty, this pandemic has a comprehensive social impact, economy and human rights, especially for vulnerable groups. The purpose of this research is to discuss social inclusion carried out by the community, especially in the Bandung area and its surroundings through mutual cooperation networks in overcoming the impact of the pandemic. The research method in this article uses normative legal research and uses a social approach method as well as a conceptual approach method, data collection techniques are taken through structured interview methods with social inclusion participants. The results of research in this paper are social inclusion and mutual cooperation between communities as a joint effort to reduce the impact of the Covid 19 pandemic. Real results have been felt by the poor and marginalized, not only in economy but also in learning about food security and independence. Keywords: Social inclusion, mutual cooperation, Covid-19.
MODEL PEMBERANTASAN TINDAK PIDANA KORUPSI PADA PEMILU / PEMILUKADA Maman Budiman
JURNAL LITIGASI (e-Journal) Vol 21 No 2 (2020)
Publisher : Fakultas Hukum Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v21i2.3164

Abstract

The state election/election of the regional head should be run as what is mandated in Pancasila and after regulations. The Election Commission/Regional Commission of Election as the organizer should drafted a comprehensive operational procedure of election referring to the regulations. The aim is for all contestants to not commit any fraud during election such as corruption. The method of research used in this writing was juridical empirical that is a research on some of the state administrations running for the election/the head of region election who were indicated committing corruption during election/election of the head of region. The steps after was to make an inventory, study, and examination on the secondary data such as Law No. 20, 2001 on the amendment of Law No. 31, 2001 concerning The Eradication of Corruption; Law No. 8, 2010 on Money Laundering and Law No. 7, 2017 concerning Election. Factors causing the state administrations to commit corruption during election/election of the head of region are internal such as greed, lust, and external factor such as political system of the state and the third factor that is factor of interest. The eradication model of corruption to be imposed on the state administrations during the election/election of the head of region is by criminally processing those accussed to commit corruption during election/election of the regional head and to enforce maximum punishment to promote deterrent effect. Keywords: corruption, elections, honesty, integrity.
BaPEMBEBASAN NARAPIDANA DALAM PERSPEKTIF KONSEP ASIMILASI DI MASA PANDEMI COVID 19has Indonesia Sahat Maruli Tua Situmeang
JURNAL LITIGASI (e-Journal) Vol 21 No 2 (2020)
Publisher : Fakultas Hukum Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v21i2.3105

Abstract

The Second Principle of Pancasila stating "just and civilized humanity", ensuring that Indonesian people are treated fairly and in a civilized manner despite their status as convicted felon. In addition, in the fifth principle, it is stated that "social justice for all Indonesian people" means that even as a prisoner, they are entitled to get their rights just like normal human life. During the Covid-19 pandemic, the government issued a policy of releasing prisoners through an assimilation program. With this policy, the public is worried that convicts who are released will commit crimes again. Based on this background, the problem is how the concept of assimilation is viewed from the perspective of criminal theory and whether the assimilation policy during the Covid-19 pandemic is in accordance with the concept of assimilation. In analyzing, the normative juridical method using the statue method of approach is used. The types of legal materials used are primary legal materials in the form of related laws and regulations and secondary legal materials in the form of books and scientific articles. Based on the results of the research, it shows that the concept of assimilation viewed from the perspective of integrative theory of sentencing is considered inappropriate because the purpose of punishment is to maintain legal order in society and improve the personality of the perpetrator while still paying attention to human rights (HAM) compared to imprisonment which causes more negative impacts and The assimilation policy during the Covi-19 pandemic was in accordance with the concept of assimilation, namely by fulfilling the requirements and conditions as stipulated in the laws and regulations, but researchers argue that the policy should be accompanied by reconstruction and / or reformulation related to the criminal system through the application of social work criminal sanctions as well as prevention and overcoming of crime through restorative justice. Keywords: Assimilation, Covid-19, Law enforcement.
PERTANGGUNGJAWABAN PIDANA DESK COLLECTOR FINTECH ILEGAL SERTA PERLINDUNGAN TERHADAP KORBAN Wening Novridasati; Ridwan Ridwan; Aliyth Prakarsa
JURNAL LITIGASI (e-Journal) Vol 21 No 2 (2020)
Publisher : Fakultas Hukum Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v21i2.3103

Abstract

Product technology-based financial services (financial technology-fintech) have changed a lot patterns of behavior and patterns of human life. In addition to its many benefits, it also endangers and poses many risks. The emergence of illegal online loans and collections through unethical, intimidating, inhumane, and unlawful desk collectors has an impact on victims and their families in the form of psychological disorders, and / or physical threats, or even victims who end their lives. In addition, victims do not get their rights as victims of criminal acts in general. This study aims to examine the legal protection of victims for illegal online loan collection, and examine the criminal liability of illegal fintech desk collector that causes victims. By using a normative juridical approach, secondary data sources collected are then analyzed qualitatively, the research results are obtained as follows: (1) the act of the desk collector has violated the Information and Electronic Transaction Law, the desk collector is subject to absolute responsibility (strict liability), and if the business activities carried out by the company can also be used the vicarious liability approach as a corporate criminal liability; (2) forms of protection for victims in the form of victims are entitled to get restitution for illegal online loan collection, and victims are entitled to get protection based on the Witness and Victim Protection Law. Keywords: Criminal Liability, Legal Protection for Victims, Online Loans.
TINDAK PIDANA PENCUCIAN UANG HASIL DARI KORUPSI YANG MENDAPAT PENGAMPUNAN PAJAK Yuni Priskila Ginting
JURNAL LITIGASI (e-Journal) Vol 21 No 2 (2020)
Publisher : Fakultas Hukum Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v21i2.2987

Abstract

Taxpayers who participate in the tax amnesty program, provided that they should declare complete data and information on their assets, and clearly settled for taxation purposes, will not be subjected to any administrative sanctions and tax penalties. The tax amnesty law can neither prevent the disclosure of the data and information on the origin of the properties nor the origin of the reported money. Declared is in the form of data and information on assets, which originates from legal and illegal activities. This paper discusses assets resulting from the crime of money laundering, which can still be investigated and confiscated by the state, based on the law on money laundering and the law on corruption, even though asset data has been included in the tax amnesty. In principle, criminal sanctions cannot be abolished, just because they have paid taxes, or just because they have received tax amnesty.The results of the research in this paper are that the concept of tax amnesty law, money laundering and corruption requires the application of digitalization technology with the aim of expanding a taxation database that is valid, comprehensive, and integrated with an online system in order to force taxpayers to comply with taxes. , which will improve voluntary tax compliance for all taxpayers and for taxpayers who perpetrate money laundering in particular.So it is necessary to make a law that regulates tax penalties from replacement money which is calculated based on the present value of the perpetrator of the crime of laundering who has permanent (inkracht). Keywords: money laundering, corruption, tax, assessable, tax amnesty.
PERLINDUNGAN HUKUM TERHADAP INVESTOR/NASABAH YANG MENGALAMI KERUGIAN DALAM TRANSAKSI TRADING FOREX Ivana Laura Paparang
JURNAL LITIGASI (e-Journal) Vol 21 No 2 (2020)
Publisher : Fakultas Hukum Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v21i2.3101

Abstract

Legal protection of investors/customers who conduct futures trading transactions include the rights and obligations of the Parties whether the customer is injured or the brokerage company that must fulfill responsibility due to the perceived loss of customers. This study used normative juridical library research method which describes the contracts stipulated in the LAW No. 10, 2011 and the unbalanced rules of the BAPPEBTI govern the rights and obligations of the parties. Therefore, this journal is about the protection of the law of customers who have suffered losses in forex transactions and the settlement of administrative, civil and criminal disputes in accordance with the guidelines of applicable legislation Keyword : Legal Protection,Trading Transactions, Investors/Consumers.

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