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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 262 Documents
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ANALYSIS OF THE DEVELOPMENT OF MENTALLY ILL PRISONERS IN PRISONS BASED ON LAW NUMBER 12 OF 1995 CONCERNING CORRECTIONAL SERVICES RULLY ANWARDI LUBIS; Lintje Anna Marpaung
PRANATA HUKUM Vol. 17 No. 2 (2022): Juli
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v17i2.280

Abstract

The Penitentiary is part of the judicial sub-system that functions as a place for people who commit criminal acts and other violations of the law to get guidance so that they can realize their mistakes and account for what they have done, one of which is in the Bandar Lampung class I penitentiary, various differences in the period of punishment make prisoners experience life pressures during the criminal period resulting in strees and disturbances mental health causes death by suicide, this research was conducted with the aim of being able to provide guidance to prisoners who experience mental health disorders in accordance with Law Number 12 of 1995, using empirical legal qualitative research methods, using a type of descriptive research analysis, the results of the study show that the coaching of mentally ill prisoners has not been optimal and has not been regulated in the law, the treatment of mentally ill inmates still receives the same rights and obligations in carrying out the sentence in the penitentiary.
JUSTICE INTRODUCTION IN LAND LAW syamsuddin pasamai
PRANATA HUKUM Vol. 17 No. 2 (2022): Juli
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v17i2.284

Abstract

Justice is one of the legal goals to be realized, while the existence of land is an essential human need whose regulations need to be regulated transparently in land law. This phenomenon, ex officio places land as an integral part of human rights that must be fulfilled for the benefit and certainty of other legal purposes. Therefore, the proposed "prasaran" in Indonesian means a description of the opinion (postulate, etc.) as anintroduction to discuss or discuss a problem. The infrastructure contains the value of justice in land law regardless of the benefits and legal certainty. Ideally, land law is not static, but always dynamic by considering each individual as a member of society.
A LITERATURE REVIEW OF COERCIVE ISOMORPHISM ON CORPORATE LEGAL RESPONSIBILITY IN INDONESIA Muhamad Romdoni
PRANATA HUKUM Vol. 17 No. 2 (2022): Juli
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v17i2.286

Abstract

This paper analyzes the effect of coercive isomorphism (legal system) in Indonesia. It is necessary to improve a kind of reform in a directed and integrated manner, both related to codification and specific legal fields, to support the development in various aspects of society. If we refer to the Law Outside the Criminal Code, there are several crucial issues, such as accountability for criminals as subjects of criminal Law. This research is a literature study as a review of corporate criminal liability by using the method juridical empirical. From a series of studies and in-depth studies conducted, the authors found several systems of corporate criminal liability, such as doctrinal Strict Liability, the doctrine of Vicarious Liability, and the doctrine of direct corporate criminal responsibility, to the teachings of the Corporate Culture Model. For example, in applying the Vicarious doctrine, liability to corporations is contained in Article 116 paragraph (2) UUPPLH. Some of the results of the studies in this study led to an evaluation and essential recommendations related to aspects of corporate criminal liability in the legal system in Indonesia.
CRIMINAL LIABILITY ANALYSIS OF FORGERY OF ANTIGEN RAPID TEST LETTERS AT BAKAUHENI PORT Andi Kristianto; Indah Satria
PRANATA HUKUM Vol. 17 No. 2 (2022): Juli
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v17i2.288

Abstract

The Criminal Act of Forgery of Letters is a criminal act whose implications have an impact on the truth and trust of people. The perpetrator uses a fake letter aimed at obtaining benefits for himself and for his actions it can harm others both losses of an individual nature and losses that have a broad impact on the act itself. The research methods used in this writing are normative juridical, and empirical approaches. The data used are secondary data and primary data. Data analysis uses descriptive analysis. Factors causing the perpetrator to commit a criminal act of forgery of a rapid antigen test letter in Case Number: 384/Pid.B/2021/PN. Kla is the Intention of the Perpetrator, the Factor of Low Education, the Factor of Economic Needs, and the Factor of Low Morals and Religious Knowledge. Liability of Criminal Offenders of forgery of rapid antigen test letters in Decision No. 384/Pid.B/2021/PN. Kla is charged with article 14 paragraph (1) of law of the Republic of Indonesia Number 14 of 1984 concerning Infectious Disease Outbreaks Jo Article 55 paragraph (1) 1 of the Criminal Code. The people of South Lampung Regency should support efforts to overcome the infectious disease outbreak carried out by the South Lampung Police So that Covid-19 in the South Lampung area can be overcome to the maximum. The Public Prosecutor should be careful and careful in compiling the indictment letter, so that the indictment letter can be used the basis for the judge to impose or not impose a sentence on the offender who is facing trial.
COMPARATIVE STUDY OF THE CONSTITUTIONAL COURT AS A GUARDIAN OF THE CONSTITUTION BETWEEN INDONESIA AND GERMANY Chatrine Sabendi Putri; Muhammad Rafi Darajati
PRANATA HUKUM Vol. 17 No. 2 (2022): Juli
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v17i2.289

Abstract

After years of being formed, the Indonesian Constitutional Court is considered to have carried out its duties and functions well. However, if we look further, there are still shortcomings and several things that the Indonesian Constitutional Court has not accommodated in carrying out its duties and functions compared to the German Constitutional Court which is known to the world as one of the Constitutional Courts which is often used as a reference by other countries in the establishment of the Constitutional Court. This article will discuss the differences between Indonesian Constitutional Court and German Constitutional Court which aims to sort out the positive things that can be an improvement material for the Indonesian Constitutional Court to strengthen the Indonesian Constitutional Court. This writing uses a normative writing method with a comparative approach and a historical approach. The results of this study show that there are several arrangements from the German Constitutional Court that can actully be applied by the Indonesian Constitutional Court such as the authority of constitutional complaints and constitutional questions, arrangements regarding the expansion of the applicant party in the application for dissolution of a political party to the Constitutional Court, and regarding the elimination of re-election for a constitutional judge and also about the addition of their term of office.
ANALYSIS OF NON JUDGE MEDIATORS' EFFORTS IN THE SETTLEMENT OF CIVIL CASES BASED ON PERMA NUMBER 1 YEAR 2016 CONCERNING MEDIATION PROCEDURES Muhammad Syaifudin Amin; Baharudin Baharudin; Yulia Hesti
PRANATA HUKUM Vol. 17 No. 2 (2022): Juli
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v17i2.290

Abstract

Mediation is one of the faster and cheaper dispute resolution processes, and can provide greater access to justice for the parties in finding a satisfactory dispute resolution and fulfilling a sense of justice. case in court. The problems in this research are the efforts of non-judge mediators in settling civil cases based on PERMA Number 1 of 2016 and the inhibiting factors of non-judge mediators in settling civil cases based on PERMA Number 1 of 2016. The results of the study, Non-Judge Mediators Efforts in Settlement of Civil Cases Based on PERMA Number 1 of 2016 that mediation is a controlled process, where a neutral and objective party can be accepted by both parties to the dispute, helping the parties to find an agreement that can be accepted by the parties. both to end the dispute between them. inhibiting factors of non-judge mediators in the settlement of civil cases Based on PERMA Number 1 of 2016 that the parties are not in good faith, the parties are supported by their environment, good faith is one of the factors that most influence the success of mediation because the parties are the main actors in the mediation process, whatever What happens during the mediation process is the responsibility of the parties to determine their own desires, the mediator only directs and helps provide choices, not to make decisions on what the parties want.
LEGAL PROTECTION OF CONSTITUTIONAL RIGHTS OF INDIGENOUS CHILDREN’S INDIGENOUS LEGAL COMMUNITIES IN MUSI RAWAS UTARA REGENCY, SOUTH SUMATERA PROVINCE Wawan Fransisco
PRANATA HUKUM Vol. 17 No. 2 (2022): Juli
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v17i2.291

Abstract

A group of people who have the same feelings in a group, living in one place due to genealogy or geological factors is a Customary Law Community. the rules regarding rights and obligations on material and immaterial goods are already owned in their own customary law. the normative legal writing method because it examines statutory regulations, literature, and journals and papers related to the material under study, which consists of the types of data obtained in this study are secondary data, namely data obtained from library research and documentation, which is the results of research and processing of others, which are already available in literature or documentation. Protection for indigenous peoples as regulated in Article 28I paragraph (3) as well as in Article 18 B (2) of the 1945 Constitution and operational regulations are very necessary so that Indonesian legal order can be implemented properly. This problem is because the amendments to the 1945 Constitution at that time were laden with the interests of the administrators at that time. On the other hand, the state also recognizes and respects the rights of indigenous peoples, as well as on the other hand, they are required to fulfill the requirements to realize their rights.
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.

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