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Indah Satria, S.H., M.H
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Jurnal Pranata Hukum
Published by Universitas Bandar Lampung
ISSN : 1907560X     EISSN : 26853213     DOI : https://doi.org/10.36448/pranatahukum
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Ilmu Hukum dimaksudkan sebagai media komunikasi, edukasi dan informasi ilmiah bidang ilmu hukum. Sajian dan kemasan diupayakan komunikatif melalui bahasa ilmiah. Melalui PRANATA HUKUM diharapkan terjadi proses pembangunan dan pengembangan bidang hukum sebagai bagian penting dari rangkaian panjang proses memajukan masyarakat bangsa.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 10 Documents
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Search results for , issue "Vol. 18 No. 1 (2023): Januari" : 10 Documents clear
BASIS OF JUDES AT THE LEVELAGAINST THE PERSONNEL OF THE CRIMINAL ACTION OF RAPE UNDER THE AGE OF CHILDREN CONTINOUSLY Danti Yudistiara; Budi Santoso
PRANATA HUKUM Vol. 18 No. 1 (2023): Januari
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v18i1.278

Abstract

There is an appeal filed by the Public Prosecutor against the decision of the Blambangan Umpu District Court Number: 81/Pid.Sus/2021/PN Bbu, Decision regarding the criminal act of rape which was carried out continuously with underage victims. The decision of the Blambangan Umpu District Court was carried out as a continuation of the submission of a letter of cassation from the Way Kanan District Attorney who felt that he did not fulfill the value of justice in passing a decision on the period of detention to investigators . defendant. In this article, what will be discussed is: what are the factors that cause the defendant to commit the crime of rape against a minor and what is the basis for judges' considerations at the appellate level in making decisions on criminal cases against children that are carried out continuously. This research uses a normative and empirical juridical research method, using secondary and primary data, obtained from library research and field studies, and data analysis with qualitative juridical analysis. The results of the study show that thefactors that cause the defendant to commit the crime of rape of a minor which is carried out continuously are environmental factors that provide opportunities to commit crimes. Basic considerations of judges at the appellate level in cases of rape of minors which are carried out continuously by taking into account the guidelines for sentencing regarding the degree of guilt of the accused, the impact of the crime and the value of the sentence. assets obtained by the defendant from the crime and the aggravating and mitigating laws and regulations.
JURIDICAL ANALYSIS OF THE APPLICATION OF SANCTIONS TO THE CRIMINAL ACTION OF THEFT WITH AGGRESSIONS PERFORMED BY CHILDREN VIEWED FROM THE SPPA LAW Rifi Hermawati
PRANATA HUKUM Vol. 18 No. 1 (2023): Januari
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v18i1.292

Abstract

This study aim application penalty to follow criminal theft with a burden by children associated with the purpose of punishment and practice application penalty to follow criminal theft with a burden by children associated with the purpose of the law. Research results show to follow criminal theft with weighting that has threat criminal imprisonment of 7 (seven) years no could apply aligned diversion with provision Article 7 SPPA Law. However, thereby could deviate because the SPPA Law has confirmed that the application penalty criminal is effort law last (ultimate remedy) for the child. The SPPA Law puts forward the concept of restorative justice that is poured in the form of diversion. kindly assertively explained that diversion Becomes a priority in a complete case of an opposite child with the law in the SPPA Act. The child must treat differently from adults, therefore application penalty to a child is not based on retaliation, but on the interest best for the child, that application diversion looked at Becomes Street best for the child so could be spared from stigmatization or bad labeling from society. As for the differences in application penalty to follow criminal theft with burdens made by children needs to be studied from the purpose of law theory by Gustav Radbruch explained in implementation law should notice purposes of law substance with put order always a priority comes first in every judge's decision.
ACCOUNTABILITY ANALYSIS OF PERSONS TRADE IN PERSONS THROUGH ONLINE PROSTITUTION Riko Yulian Prima; Bambang Hartono
PRANATA HUKUM Vol. 18 No. 1 (2023): Januari
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v18i1.293

Abstract

Abstract Human trafficking is the act of recruiting, transporting, harboring, sending, transferring or receiving a person by means of the threat of force, use of force, abduction, confinement, fraud, deception, abuse of power or a position of vulnerability, debt bondage or payment or benefit, so as to obtain the consent of another person. who has control over the other person, whether carried out within the country or between countries, for the purpose of exploitation or causing people to be exploited in accordance with Article 1 paragraph (1) of Law Number 21 of 2007 concerning Eradication of the Crime of Human trafficking. Article 2 paragraph (1) of Law Number 21 of 2007 concerning the Eradication of the Criminal Act of Human trafficking explains that any person who recruits, transports, harbors, sends, transfers, or accepts someone with threats of violence, use of force, kidnapping, confinement, forgery, fraud, abuse of power or a position of vulnerability, debt bondage or giving payments or benefits despite obtaining the consent of a person who has control over another person, for the purpose of exploiting that person in the territory of the Republic of Indonesia. 15 (fifteen) years and a minimum fine of Rp. 120,000,000.00 (one hundred and twenty million rupiah) and a maximum of Rp. 600,000,000.00 (six hundred million rupiah). Keywords: Human Trafficking, Online Prostitution, Criminal Actors.
ANALYSIS OF JUDGES' CONDITIONS IN MAKING DECISION ON THE PERSONNEL OF THE CRIME OF MOTORCYCLE THEFT BY UNDERAGE CHILD Titin Prihatiningsih; Zainab Ompu Jainah
PRANATA HUKUM Vol. 18 No. 1 (2023): Januari
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v18i1.295

Abstract

Every child should ideally grow and develop properly according to their age, but in reality there are children who commit the crime of motorbike theft, namely in Decision Number: 4/Pid Sus-Anak/2022/PN.Tjk. Internal factors that cause underage Childs to commit motorcycle theft crimes are the child's desire to gain material benefits (money) and the low level of education of children who are still junior high school students. The external factor was the solicitation and persuasion of other actors, namely Fajar Riyadi, who asked his children to steal motorbikes. The basis for the judge's consideration in imposing a prison sentence of 4 (four) months in the Women's Correctional Institution for a child is legally proven to fulfill the elements of Article 363 paragraph (1) 4 of the Criminal Code. The judge considered that imprisonment as an effort to improve the child's behavior. Diversion synchronization of crimes committed by underage Childs is that diversion cannot be applied because the maximum penalty for crimes committed by children is 7 (seven) years and the victimdoes not want the diversion process.
ANALYSIS OF THE FULFILLMENT OF RESTITUTION RIGHTS FOR CHILD VICTIMS OF SEXUAL VIOLENCE CRIME Mohammad Reza Khatami; Firganefi Firganefi; Malicia Evendia
PRANATA HUKUM Vol. 18 No. 1 (2023): Januari
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v18i1.297

Abstract

Victims of a crime are often children, especially crimes of sexual violence. Sexual violence against children will have a detrimental effect. Impact on health problems and prolonged trauma problems. Children who are victims of criminal acts of sexual violence can cause physical and psychological injuries that must be healed and cared for. The form of legal protection for children who are victims of criminal acts of sexual violence is to provide the right of restitution as the perpetrator's responsibility to fulfill the rights of children who are victims of criminal acts. Decision of the Tanjung Karang High Court No.133/Pid/2021/PT Tjk, convicting the perpetrators of only half of the demands of the Public Prosecutor. This shows that criminal justice in Indonesia is still only focused on giving law to criminals so that the fulfillment of victims' rights cannot be fulfilled optimally. The results of the research show that there are regulations related to restitution but the regulations doesnt guarantee the rights of children as victims because these regulations are unclear in regulating the mechanism for implementing restitution. So that the obstacle is that law enforcement officers are still focused on the basic punishment rather than the rights of victims.
EFFECTIVENESS OF CPO OIL EXPORT PROHIBITION POLICY: (CASE STUDY ON COMMUNITIES IN BORDER REGIONS) Oktaviani Yenny; Muhammad Rafi Darajati
PRANATA HUKUM Vol. 18 No. 1 (2023): Januari
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v18i1.298

Abstract

Policy on the Prohibition of the Export of CPO Oil by the Government with the issuance of a moratorium through Minister of Trade Regulation No. 22 of 2022 on April 28, 2022. This moratorium is a form of government protection that prioritizes the interests of the people over the fulfillment of cooking oil needs for domestic purposes. After almost a month of implementing the policy, the government finally reopened the export of CPO and its derivatives starting May 23, 2022. This policy certainly caused problems, especially in the purchase of fresh fruit bunches (FFB) of palm oil. The purpose of this study is to discuss the impact of the policy of banning the export of CPO and its derivative products to oil palm farmers in the Border. The company's unilateral FFB price fixing, the shift of border oil palm farmers selling their FFB and the shifting of CPO demand to competitors from other countries are the inevitable impacts of the CPO export ban. The research method uses descriptive qualitative. Data was collected by observation and in-depth interviews. Withdrawal of informants is done purposely. The data was analyzed using the Miles and Huberman interactive model, which started with data collection, data reduction, data presentation and drawing conclusions. The results show that the impact of the export ban policy is very large on oil palm farmers and requires oil palm farmers to take steps to sell their palm products to Malaysia
IMPLEMENTATION OF ARTICLE 88 REGULATION OF THE MINISTER OF HOME AFFAIRS NUMBER 120 OF 2018 CONCERNING AMENDMENT TO REGULATION OF THE MINISTER OF HOME AFFAIRS NUMBER 80 OF 2015 CONCERNING ESTABLISHMENT OF LOCAL LEGAL PRODUCTS Anna Ekawati Adam; Lintje Anna Marpaung
PRANATA HUKUM Vol. 18 No. 1 (2023): Januari
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v18i1.299

Abstract

Based on the provisions of Article 88 paragraph (2) Permendagri 120/2018 jo. Permendagri 80/2015 Raperda after discussion must be facilitated. Facilitation is an act of coaching carried out by the Minister of Home Affairs to the Regional Government. Facilitation is carried out to minimize the cancellation of regional regulations. How is the implementation and the inhibiting factors for the implementation of Article 88 paragraph (2) Permendagri 120/2018 jo. Permendagri 80/2015. Inhibiting factors: lack of socialization related to the mechanism for facilitating draft local regulations, limited number of drafting staff of laws and regulations, discrepancy between the number of regional legal product drafts with the time limit set by law, and the low quality of the proposed draft regional regulations for facilitation. Thus, it is necessary to pay attention to the facilitation mechanism in the formation of legal products and add qualified drafters of statutory regulations.
STRATEGY FOR SOCIALIZATION OF THE GENERAL ELECTION COMMISSION OF PESAWARAN DISTRICT TO REDUCE THE ABSTENTIONS IN THE 2020 ELECTIONS IN PERSPECTIVE OF FIQH SIYASAH Nur Aini; M. Yasir Fauzi; Rudi Santoso
PRANATA HUKUM Vol. 18 No. 1 (2023): Januari
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v18i1.300

Abstract

The holding of Regional Head and Deputy Regional Head Elections, especially in Pesawaran Regency in 2020 in the midst of the Covid-19 pandemic disaster, threatens many people who abstain from voting. The lack of public participation has caused the number of voters that the Pesawaran Regency KPU wants to achieve to be proof that its performance is still lacking, the disappointment of some people towards the leaders, among other things, gave birth to an attitude of abstaining from voting in elections. The implementation of regional elections is of course the full authority of the Pesawaran Regency KPU, in the midst of the Covid-19 pandemic the Pesawaran Regency KPU must think of a strategy so that public participation in exercising their political rights does not have an impact on the number of abstentions. Socialization is important because the legal basis for holding general elections is always changing and developing, which results in changes to the holding of the general election itself. Theoretically, a rule will apply effectively if it is based on three philosophical validity, namely the ideal principle, juridical validity in the sense that the provisions are made by an authorized institution and sociologically enforceable if these rules can be binding and are recognized effectively by the community , this sociological validity certainly has something to do with the quantity of socialization carried out by officials who are authorized to the existing provisions.
COMPARISON OF GOVERNMENT SYSTEMS BETWEEN MALAYSIAN AND INDONESIAN Dian Herlambang Dian; Muhadi Muhadi; Iskandar Muda; Raesitha Zildjianda
PRANATA HUKUM Vol. 18 No. 1 (2023): Januari
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v18i1.301

Abstract

In general, the Malaysian legal system is influenced by the British Common Law System legal tradition, while the Indonesian legal system adopts more of the Dutch civil law system tradition. In addition, the Islamic legal system and the customary law system also influence the national laws of each country. The comparative study of the constitutional law systems of Malaysia and Indonesia is a study of constitutional law using normative law research methods with a comparative law approach to examineWhat are the differences in the form of the state between Indonesia and Malaysia and how are the differences in the system of government between Indonesia and Malaysia. Based on the results of research through liberary research it was found that the institutional formats of Malaysia and Indonesia have differences both in terms of the form of the state and the system of government. Malaysia is a country that adheres to a federal type of state which includes a federal state and a state with a democratic monarchy system of government. While the State of Indonesia, in the form of a unitary state which includes central government and autonomous regions with a republican system of government with the principles of constitutional democracy.
IMPLEMENTATION OF ARTICLE 8 LAMPUNG PROVINCIAL DPRD REGULATION NUMBER 1 OF 2019 REGARDING PROCEDURE FOR DETERMINING THE MAXIMUM NUMBER OF DRAFT REGIONAL REGULATIONS Indah Satria; Sunarsih Sunarsih
PRANATA HUKUM Vol. 18 No. 1 (2023): Januari
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v18i1.302

Abstract

Propemperda is a planning instrument for the formation of regional regulations which are arranged in a planned, integrated and systematic manner. Article 8 paragraph (5) Regulation of the DPRD Province of Lampung Province 1/2019, the determination of Propemperda takes into account the realization of Propemperda with local regulations which are stipulated every year with a maximum addition of 25% of the number of regional regulations stipulated in the previous year. In 2020 the Province of Lampung established 5 regional regulations, so the Propemperda for 2021 should have 7 regional regulations but instead stipulated 25 regional regulations. This stipulation has an impact on the quality of regional legal products produced, the existence of regional regulations that have been canceled and the low IDI of the Lampung Provincial Government in the field of law and the formation of regional legal products. Article 8 paragraph (5) DPRD Regulation 1/2019 has been implemented but has not been maximized due to obstacles. The obstacles include not having gone through the Regional Regulation Needs Analysis and the absence of a regional regulation on Procedures for Forming Propemperda. The implication of the ranperda which exceeds the stipulated amount is the low IDI value for Lampung Province.

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