Pub Date : 2021-11-24DOI: 10.22225/juinhum.2.3.4124.484-489
I. Saputra, I. N. Budiartha, Ni Made Puspasutari Ujianti
Termination of employment during the covid-19 pandemic is a step that must be taken by PT. Astra International Tbk-Honda in order to avoid more severe losses, the legal protection provided to debtor workers who have been laid off during the Covid-19 pandemic has been regulated in Law No. 13 of 2003 concerning Manpower which aims to guarantee all basic rights of workers and guarantee equality and treatment without discrimination on any basis to realize the welfare of workers, especially for workers who have been terminated. The purposes of this research are to reveal the form of legal protection for debtor workers who experience Termination of Employment (PHK) during the Covid-19 pandemic and to study the implications of the government in protecting debtors who experience Termination of Employment (PHK) due to Covid-19. This study uses empirical legal research with a sociology of law approach. The sources of law used are primary and secondary. The techniques for collecting legal materials are recording, summarizing, and quoting techniques and the data that has been collected is then used qualitative analysis techniques. The results of the study reveal that the legal protection provided by the government to workers who have been terminated is by issuing policies in the form of a pre-employment card program and stimulus assistance intended for people who have not worked and workers who have been laid off. The implications of the pre-employment card program policy and stimulus assistance issued by the government were greatly appreciated by one of the workers of PT. Astra International Tbk-Honda who experienced termination of employment, the benefits of the pre-employment card program policy and stimulus assistance were felt to be very helpful in developing the business he had just started.
在2019冠状病毒病大流行期间终止雇用是阿斯特拉国际tbk -本田公司必须采取的步骤，以避免更严重的损失，2003年关于人力的第13号法律规定了向在2019冠状病毒病大流行期间被解雇的负债工人提供的法律保护，该法律旨在保障工人的所有基本权利，保证平等和待遇，不受任何歧视，以实现工人的福利。尤其是那些被解雇的员工。本研究的目的是揭示在Covid-19大流行期间经历雇佣终止(PHK)的债务人工人的法律保护形式，并研究政府在保护因Covid-19而经历雇佣终止(PHK)的债务人方面的影响。本研究采用法律社会学方法的实证法律研究。所使用的法律渊源有主要的和次要的。收集法律材料的技术是记录、总结和引用技术，收集到的数据然后使用定性分析技术。研究结果表明，政府为被解雇工人提供的法律保护是通过发布政策，以就业前卡计划和刺激援助的形式，针对没有工作的人和被解雇的工人。PT. Astra International Tbk-Honda的一名员工在离职后，非常欣赏政府出台的职前卡计划政策和经济刺激援助的含义，他觉得职前卡计划政策和经济刺激援助的好处对他刚刚开始的事业发展有很大的帮助。
{"title":"Perlindungan Hukum Terhadap Pekerja Debitur Yang Mengalami Pemutusan Hubungan Kerja Akibat Covid-19 Pada Pt.Astra International Tbk-Honda","authors":"I. Saputra, I. N. Budiartha, Ni Made Puspasutari Ujianti","doi":"10.22225/juinhum.2.3.4124.484-489","DOIUrl":"https://doi.org/10.22225/juinhum.2.3.4124.484-489","url":null,"abstract":"Termination of employment during the covid-19 pandemic is a step that must be taken by PT. Astra International Tbk-Honda in order to avoid more severe losses, the legal protection provided to debtor workers who have been laid off during the Covid-19 pandemic has been regulated in Law No. 13 of 2003 concerning Manpower which aims to guarantee all basic rights of workers and guarantee equality and treatment without discrimination on any basis to realize the welfare of workers, especially for workers who have been terminated. The purposes of this research are to reveal the form of legal protection for debtor workers who experience Termination of Employment (PHK) during the Covid-19 pandemic and to study the implications of the government in protecting debtors who experience Termination of Employment (PHK) due to Covid-19. This study uses empirical legal research with a sociology of law approach. The sources of law used are primary and secondary. The techniques for collecting legal materials are recording, summarizing, and quoting techniques and the data that has been collected is then used qualitative analysis techniques. The results of the study reveal that the legal protection provided by the government to workers who have been terminated is by issuing policies in the form of a pre-employment card program and stimulus assistance intended for people who have not worked and workers who have been laid off. The implications of the pre-employment card program policy and stimulus assistance issued by the government were greatly appreciated by one of the workers of PT. Astra International Tbk-Honda who experienced termination of employment, the benefits of the pre-employment card program policy and stimulus assistance were felt to be very helpful in developing the business he had just started.","PeriodicalId":197649,"journal":{"name":"Jurnal Interpretasi Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-11-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128100618","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-11-24DOI: 10.22225/juinhum.2.3.4121.468-472
Michael Lianwar Antolis, Ida Ayu Putu Widiati, I. P. G. Seputra
Income tax is a tax imposed on individuals/business entities on income earned in the tax year. Promotional service business actors are tax subjects who earn income that exceeds the non-taxable income and the income is obtained from activities promoting goods or services through social media, such as Instagram, YouTube, WhatsApp or other types of social media. The purposes of this study are to examine the regulation of income tax in promotional services business activities through social media as well as the mechanism for collecting income taxes against business actors in promotional services through social media. This study uses normative legal research methods, with legal materials consisting of primary legal materials and secondary legal materials. The collection of legal materials in this study was carried out by the recording method. The legal material analysis method used is argumentative technique. The result of the study shows that the regulation of income tax in promotional service business activities through social media, in this case YouTubers or Celebrities, is subject to income tax for those whose income exceeds Non-Taxable Income (PTKP) based on the Regulation of the Director General of Taxes Number PER-17/PJ/2015.
{"title":"Pengenaan Pajak Penghasilan Terhadap Pelaku Usaha Jasa Promosi Melalui Media Sosial","authors":"Michael Lianwar Antolis, Ida Ayu Putu Widiati, I. P. G. Seputra","doi":"10.22225/juinhum.2.3.4121.468-472","DOIUrl":"https://doi.org/10.22225/juinhum.2.3.4121.468-472","url":null,"abstract":"Income tax is a tax imposed on individuals/business entities on income earned in the tax year. Promotional service business actors are tax subjects who earn income that exceeds the non-taxable income and the income is obtained from activities promoting goods or services through social media, such as Instagram, YouTube, WhatsApp or other types of social media. The purposes of this study are to examine the regulation of income tax in promotional services business activities through social media as well as the mechanism for collecting income taxes against business actors in promotional services through social media. This study uses normative legal research methods, with legal materials consisting of primary legal materials and secondary legal materials. The collection of legal materials in this study was carried out by the recording method. The legal material analysis method used is argumentative technique. The result of the study shows that the regulation of income tax in promotional service business activities through social media, in this case YouTubers or Celebrities, is subject to income tax for those whose income exceeds Non-Taxable Income (PTKP) based on the Regulation of the Director General of Taxes Number PER-17/PJ/2015.","PeriodicalId":197649,"journal":{"name":"Jurnal Interpretasi Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-11-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126161392","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-11-24DOI: 10.22225/juinhum.2.3.4125.490-495
I. G. Andika, I. N. G. Sugiartha, Ni Made Puspasutari Ujianti
Marriage according to Law Number 1 of 1974 concerning Marriage is an inner and outer bond between a man and a woman to form a happy household. The authority of polygamy is not absolute in the hands of the husband, but there are other conditions that must be met, namely obtaining permission from the judge (court). The purposes of this study are to analyze the regulation of criminal sanctions in a second marriage without the permission of the first wife and the legal consequences of a second marriage that does not meet the applicable legal provisions. This study uses a normative legal research method with a statutory approach. Sources of legal materials used are primary and secondary sources of legal materials. Data collection techniques were carried out by examining existing library materials which were then analyzed systematically. The results of the study reveal that criminal sanctions are given in the second marriage without providing incorrect information based on the criminal provisions in PP No. 9 of 1975 which is a lex specialis of the Criminal Code. The legal consequence of the second marriage is that if the husband has remarried or is polygamous without the knowledge of the first wife, the first wife can sue by submitting a request for annulment of the marriage contained in Articles 22-29 of the Marriage Law.
{"title":"Sengketa dalam Perkawinan Kedua Tanpa Izin Istri Pertama","authors":"I. G. Andika, I. N. G. Sugiartha, Ni Made Puspasutari Ujianti","doi":"10.22225/juinhum.2.3.4125.490-495","DOIUrl":"https://doi.org/10.22225/juinhum.2.3.4125.490-495","url":null,"abstract":"Marriage according to Law Number 1 of 1974 concerning Marriage is an inner and outer bond between a man and a woman to form a happy household. The authority of polygamy is not absolute in the hands of the husband, but there are other conditions that must be met, namely obtaining permission from the judge (court). The purposes of this study are to analyze the regulation of criminal sanctions in a second marriage without the permission of the first wife and the legal consequences of a second marriage that does not meet the applicable legal provisions. This study uses a normative legal research method with a statutory approach. Sources of legal materials used are primary and secondary sources of legal materials. Data collection techniques were carried out by examining existing library materials which were then analyzed systematically. The results of the study reveal that criminal sanctions are given in the second marriage without providing incorrect information based on the criminal provisions in PP No. 9 of 1975 which is a lex specialis of the Criminal Code. The legal consequence of the second marriage is that if the husband has remarried or is polygamous without the knowledge of the first wife, the first wife can sue by submitting a request for annulment of the marriage contained in Articles 22-29 of the Marriage Law.","PeriodicalId":197649,"journal":{"name":"Jurnal Interpretasi Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-11-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133786208","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-11-24DOI: 10.22225/juinhum.2.3.4123.479-483
Ratu Muti’ah Ilmalia, I. N. Budiartha, Diah Gayatri Sudibya
The Merariq (Besebo) Marriage Tradition is a traditional marriage tradition in the Sasak Tribe, starting from the Memaling incident, also called stealing on the basis of the consent of a woman whose rights are still in the power of her parents, to prove as a form of chivalry as well as a form of the man's seriousness to marry the girl. Every Merariq profession has values or morals of life that can become a guide for life for the community. The purposes of this study are to reveal the implementation of the merariq (besebo) marriage tradition in the Sasak tribe in East Lombok and the application of the merariq (besebo) marriage tradition according to Law No. 1 of 1974 and the Compilation of Islamic Law (KHI). The type of research used is Empirical Law research with a statutory approach and case approach. Data collection techniques in normative legal research are carried out by literature studies on legal materials. Sources of legal materials used are primary and secondary data. The data analysis technique is done by analytical descriptive. The results of the study revealed that the merariq tradition in the Sasak Tribe area has a picture of the marriage tradition with various rituals, where the traditional rituals are able to provide social value, and a moral message that is very attached to the Sasak people in East Lombok.
{"title":"Pelaksanaan Tradisi Perkawinan Merariq (Besebo) Suku Sasak di Lombok Timur","authors":"Ratu Muti’ah Ilmalia, I. N. Budiartha, Diah Gayatri Sudibya","doi":"10.22225/juinhum.2.3.4123.479-483","DOIUrl":"https://doi.org/10.22225/juinhum.2.3.4123.479-483","url":null,"abstract":"The Merariq (Besebo) Marriage Tradition is a traditional marriage tradition in the Sasak Tribe, starting from the Memaling incident, also called stealing on the basis of the consent of a woman whose rights are still in the power of her parents, to prove as a form of chivalry as well as a form of the man's seriousness to marry the girl. Every Merariq profession has values or morals of life that can become a guide for life for the community. The purposes of this study are to reveal the implementation of the merariq (besebo) marriage tradition in the Sasak tribe in East Lombok and the application of the merariq (besebo) marriage tradition according to Law No. 1 of 1974 and the Compilation of Islamic Law (KHI). The type of research used is Empirical Law research with a statutory approach and case approach. Data collection techniques in normative legal research are carried out by literature studies on legal materials. Sources of legal materials used are primary and secondary data. The data analysis technique is done by analytical descriptive. The results of the study revealed that the merariq tradition in the Sasak Tribe area has a picture of the marriage tradition with various rituals, where the traditional rituals are able to provide social value, and a moral message that is very attached to the Sasak people in East Lombok.","PeriodicalId":197649,"journal":{"name":"Jurnal Interpretasi Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-11-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121320938","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-06-24DOI: 10.22225/juinhum.2.2.3455.440-446
I Putu Surya, I Nyoman Sukandia, Ni Komang Arini Styawati
Economic developmentin era globalization increasing, with finance becoming necessity for every human being. research problems are: What factors cause bad credit at Surya Mandiri Savings and Loans Cooperative Gianyar Regency and how bad credit settlement efforts through litigation at Surya Mandiri Savings and Loan Cooperative Gianyar Regency This type research used Empirical Law. the factors that cause bad credit in cooperatives are internal factors that cause bad credit originating from the cooperative itself, external factors are factors that cause bad credit originating from customer side. Non-litigation is settlement of disputes outside the court that closed to public and the confidentiality of the parties guaranteed. Litigation dispute resolution is dispute resolution carried out through the court. It can be concluded that factors that cause bad credit at Surya Mandiri Savings and Loan Cooperative in Gianyar Regency are internal factors and external factors. The settlement of bad credit at Surya Mandiri Savings and Loan Cooperative in Gianyar Regency can be done by non-litigation and litigation. should not only pursue profit, but must be more assertive and apply the principle of prudence and Head of the cooperative credit department must be more careful providing loans to borrowers.
{"title":"Penyelesaian Kredit Macet Melalui Upaya Litigasi di Koperasi Simpan Pinjam Surya Mandiri di Kabupaten Gianyar","authors":"I Putu Surya, I Nyoman Sukandia, Ni Komang Arini Styawati","doi":"10.22225/juinhum.2.2.3455.440-446","DOIUrl":"https://doi.org/10.22225/juinhum.2.2.3455.440-446","url":null,"abstract":"Economic developmentin era globalization increasing, with finance becoming necessity for every human being. research problems are: What factors cause bad credit at Surya Mandiri Savings and Loans Cooperative Gianyar Regency and how bad credit settlement efforts through litigation at Surya Mandiri Savings and Loan Cooperative Gianyar Regency This type research used Empirical Law. the factors that cause bad credit in cooperatives are internal factors that cause bad credit originating from the cooperative itself, external factors are factors that cause bad credit originating from customer side. Non-litigation is settlement of disputes outside the court that closed to public and the confidentiality of the parties guaranteed. Litigation dispute resolution is dispute resolution carried out through the court. It can be concluded that factors that cause bad credit at Surya Mandiri Savings and Loan Cooperative in Gianyar Regency are internal factors and external factors. The settlement of bad credit at Surya Mandiri Savings and Loan Cooperative in Gianyar Regency can be done by non-litigation and litigation. should not only pursue profit, but must be more assertive and apply the principle of prudence and Head of the cooperative credit department must be more careful providing loans to borrowers.","PeriodicalId":197649,"journal":{"name":"Jurnal Interpretasi Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-06-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133536766","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-06-24DOI: 10.22225/juinhum.2.2.3479.457-461
Putu Wilang Pra Yoga, I Nyoman Sujana, Ida Ayu Putu Widiati
The amount of import of telematics and electronic products which will be marketed in the country do not qualify, then the need for legislation to protect consumer interests. In this research, a focus on the legal protection of trade-related consumer telematics and electronic products imported by Law - Act No. 8 of 1999 on Consumer Protection utilizing formulation of the problem is I. How will the buying and selling of imported telematics and electronic products in Indonesia? 2. How is the legaJ protection for consumers in buying and selling transactions of imported telematic and electronic products in the event of default. The research objective is to know about buying and selling arrangements related to the import of telematics and electronic products in Indonesia and to be useful for people, especiaJly consumers. The method used is normative legaJ research. The research result of trade-related settings telematics and electronic products imported regulated in the Trade Minister Regulation No. 38 of 2019. Following the protection of consumers, businesses that harm consumers by deliberately being subject to Article 60 are subject to administrative sanctions.
{"title":"Transaksi Jual Beli Produk Impor Telematika dan Elektronika dalam Perspektif Undang","authors":"Putu Wilang Pra Yoga, I Nyoman Sujana, Ida Ayu Putu Widiati","doi":"10.22225/juinhum.2.2.3479.457-461","DOIUrl":"https://doi.org/10.22225/juinhum.2.2.3479.457-461","url":null,"abstract":"The amount of import of telematics and electronic products which will be marketed in the country do not qualify, then the need for legislation to protect consumer interests. In this research, a focus on the legal protection of trade-related consumer telematics and electronic products imported by Law - Act No. 8 of 1999 on Consumer Protection utilizing formulation of the problem is I. How will the buying and selling of imported telematics and electronic products in Indonesia? 2. How is the legaJ protection for consumers in buying and selling transactions of imported telematic and electronic products in the event of default. The research objective is to know about buying and selling arrangements related to the import of telematics and electronic products in Indonesia and to be useful for people, especiaJly consumers. The method used is normative legaJ research. The research result of trade-related settings telematics and electronic products imported regulated in the Trade Minister Regulation No. 38 of 2019. Following the protection of consumers, businesses that harm consumers by deliberately being subject to Article 60 are subject to administrative sanctions.","PeriodicalId":197649,"journal":{"name":"Jurnal Interpretasi Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-06-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124154445","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-06-24DOI: 10.22225/juinhum.2.2.3450.409-415
I Made Bramastra De Putra, I Nyoman Gede Sugiartha, I Putu Gede Seputra
Dogs are one of the favorite and much-loved pets, but this does not prevent the illegal sale of dog meat as a food ingredient. Considering that there is no clear criminal sanction from the illegal sale of dog meat from the government, the research aims to examine the accountability of the perpetrators of selling dog meat from a consumer protection perspective and the criminal sanction for the perpetrator based on law. This research was conducted with a normative method with conceptual approach and statutory approach. From the result the researcher found that the perpetrator must be responsible to consumers based on the Consumer Protection Law Article 4 letter a, which guarantees the safety, comfort and security of consumption of goods and / or services, and the perpetrator may be subject to a maximum fine of 2 billion rupiah or a maximum imprisonment of 5 years for violating the provisions in Article 8 based on the consumer protection law article 62 paragraph 1.
{"title":"Pertanggungjawaban Pidana terhadap Pelaku Penjualan Daging Anjing Ditinjau dari Undang-Undang Nomor 8 Tahun 1999","authors":"I Made Bramastra De Putra, I Nyoman Gede Sugiartha, I Putu Gede Seputra","doi":"10.22225/juinhum.2.2.3450.409-415","DOIUrl":"https://doi.org/10.22225/juinhum.2.2.3450.409-415","url":null,"abstract":"Dogs are one of the favorite and much-loved pets, but this does not prevent the illegal sale of dog meat as a food ingredient. Considering that there is no clear criminal sanction from the illegal sale of dog meat from the government, the research aims to examine the accountability of the perpetrators of selling dog meat from a consumer protection perspective and the criminal sanction for the perpetrator based on law. This research was conducted with a normative method with conceptual approach and statutory approach. From the result the researcher found that the perpetrator must be responsible to consumers based on the Consumer Protection Law Article 4 letter a, which guarantees the safety, comfort and security of consumption of goods and / or services, and the perpetrator may be subject to a maximum fine of 2 billion rupiah or a maximum imprisonment of 5 years for violating the provisions in Article 8 based on the consumer protection law article 62 paragraph 1.","PeriodicalId":197649,"journal":{"name":"Jurnal Interpretasi Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-06-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132247824","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-06-24DOI: 10.22225/juinhum.2.2.3478.452-456
I Putu Bayu Suryadinatha, I Nyoman Gede Sugiartha, Ni Made Sukaryati Karma
Increasing crime mugging, crime that commits crime by confiscating valuables. Based on this research, the writer raises the formulation the problem: 1. How regulation mugging criminal sanctions, 2. How imposition criminal sanctions for the perpetrator that results as result mugging. This type research uses the normative method, with an invited-invited, conceptual, case approach. regulation mugging criminal is articles 362-367 of Criminal Code concerning robbery, where mugging regulated in Criminal Code, so crime mugging refers to article 365 paragraph (3) criminal act robbery with violence. Perpetrators mugging which result in death may be subject to Article 365 paragraph (3) with a maximum penalty 15 years in prison. regulation mugging crime based on Articles 362-367 Criminal Code because mugging included in category violent crime which deals with the elements article 365 paragraph (3) robbery with violence. Mugging subject to imprisonment and imprisonment for the mugging subject to a maximum imprisonment of 15 years. Mugging is regulated in article 362 if not with violence and 365 paragraph (3) if it is done with violence. For law enforcers, it is better if law enforcers use the Man In The Street model in providing protection to the community.
{"title":"Sanksi Pidana Terhadap Pelaku Penjambretan Mengakibatkan Matinya Korban","authors":"I Putu Bayu Suryadinatha, I Nyoman Gede Sugiartha, Ni Made Sukaryati Karma","doi":"10.22225/juinhum.2.2.3478.452-456","DOIUrl":"https://doi.org/10.22225/juinhum.2.2.3478.452-456","url":null,"abstract":"Increasing crime mugging, crime that commits crime by confiscating valuables. Based on this research, the writer raises the formulation the problem: 1. How regulation mugging criminal sanctions, 2. How imposition criminal sanctions for the perpetrator that results as result mugging. This type research uses the normative method, with an invited-invited, conceptual, case approach. regulation mugging criminal is articles 362-367 of Criminal Code concerning robbery, where mugging regulated in Criminal Code, so crime mugging refers to article 365 paragraph (3) criminal act robbery with violence. Perpetrators mugging which result in death may be subject to Article 365 paragraph (3) with a maximum penalty 15 years in prison. regulation mugging crime based on Articles 362-367 Criminal Code because mugging included in category violent crime which deals with the elements article 365 paragraph (3) robbery with violence. Mugging subject to imprisonment and imprisonment for the mugging subject to a maximum imprisonment of 15 years. Mugging is regulated in article 362 if not with violence and 365 paragraph (3) if it is done with violence. For law enforcers, it is better if law enforcers use the Man In The Street model in providing protection to the community.","PeriodicalId":197649,"journal":{"name":"Jurnal Interpretasi Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-06-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122281512","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-06-18DOI: 10.22225/juinhum.2.2.3444.378-383
I Kadek Pasek Saputra, I Nyoman Gede Sugiartha, I Made Minggu Widyantara
As a developing country with the state ideology Pancasila, it is not enough for the State of Indonesia to be able to dedicate itself as a prosperous country. Viewed from a legal perspective, there are behaviors that are in accordance with the prevailing norms and there are also behaviors that deviate from the prevailing norms. Nevertheless, it is necessary to have legal sanctions regulating the life of the nation and state. In the criminal justice system in Indonesia, the correctional institution has a position as a place of guidance and implementation of what has been decided by the court for the convicted person. There are two problem formulations that will be discussed further related to the criminal act of looting, including how the classification of abuse of power carried out by prison officers against the circulation of narcotics that occurs in prisons and how to impose legal sanctions for prison officers who are involved in narcotics trafficking in prisons? From the formulation of the problem, the discussion is carried out using normative research methods. The abuse of authority of correctional officers is regulated in Law no. 12 of 1995 concerning Correctional Facilities.
{"title":"Sanksi Hukum Bagi Petugas Lembaga Pemasyarakatan yang Terlibat Peredaran Narkotika di Lingkungan Lembaga Permasyarakatan","authors":"I Kadek Pasek Saputra, I Nyoman Gede Sugiartha, I Made Minggu Widyantara","doi":"10.22225/juinhum.2.2.3444.378-383","DOIUrl":"https://doi.org/10.22225/juinhum.2.2.3444.378-383","url":null,"abstract":"As a developing country with the state ideology Pancasila, it is not enough for the State of Indonesia to be able to dedicate itself as a prosperous country. Viewed from a legal perspective, there are behaviors that are in accordance with the prevailing norms and there are also behaviors that deviate from the prevailing norms. Nevertheless, it is necessary to have legal sanctions regulating the life of the nation and state. In the criminal justice system in Indonesia, the correctional institution has a position as a place of guidance and implementation of what has been decided by the court for the convicted person. There are two problem formulations that will be discussed further related to the criminal act of looting, including how the classification of abuse of power carried out by prison officers against the circulation of narcotics that occurs in prisons and how to impose legal sanctions for prison officers who are involved in narcotics trafficking in prisons? From the formulation of the problem, the discussion is carried out using normative research methods. The abuse of authority of correctional officers is regulated in Law no. 12 of 1995 concerning Correctional Facilities.","PeriodicalId":197649,"journal":{"name":"Jurnal Interpretasi Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-06-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127543710","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-06-18DOI: 10.22225/juinhum.2.2.3445.384-390
I. Mahendra, A. A. S. L. Dewi, L. Suryani
Prohibition of all exploitation of protected animals. Even in the territory of Indonesia, turtle smuggling still occurs, especially in Bali Province where turtle smuggling often occurs. The purpouses of this research are to analyze the legal protection of turtles as protected animals and the criminal sanctions against the perpetrators of turtle smuggling as protected animals? The research method used is normative law, with statutory apporoach and conceptual approach. The results of the research show that forms of legal protection against turtles, if from the international agreement with the CITES agreement (Convention on International Trade in Endangered Species), in Indonesia there are 6 out of 7 types of turtles in the world that are protected under the turtle species law. existing in the protected world based on the law on the determination of wild protected animals, and the forms of sanctions against people who smuggle turtles as protected animals are in the form of administrative sanctions, civil sanctions and criminal sanctions. There are no specific criminal sanctions against turtle smugglers, these sanctions are still incorporated in Law No. 5 of 1990, concluded that legal protection and sanctions against turtles as protected animals in the form of administrative, civil and criminal sanctions, specifically in Bali there are no criminal sanctions against turtle smugglers.
{"title":"Penegakan Hukum Terhadap Tindak Pidana Penyelundupan Penyu sebagai Satwa Terlindungi di Bali","authors":"I. Mahendra, A. A. S. L. Dewi, L. Suryani","doi":"10.22225/juinhum.2.2.3445.384-390","DOIUrl":"https://doi.org/10.22225/juinhum.2.2.3445.384-390","url":null,"abstract":"Prohibition of all exploitation of protected animals. Even in the territory of Indonesia, turtle smuggling still occurs, especially in Bali Province where turtle smuggling often occurs. The purpouses of this research are to analyze the legal protection of turtles as protected animals and the criminal sanctions against the perpetrators of turtle smuggling as protected animals? The research method used is normative law, with statutory apporoach and conceptual approach. The results of the research show that forms of legal protection against turtles, if from the international agreement with the CITES agreement (Convention on International Trade in Endangered Species), in Indonesia there are 6 out of 7 types of turtles in the world that are protected under the turtle species law. existing in the protected world based on the law on the determination of wild protected animals, and the forms of sanctions against people who smuggle turtles as protected animals are in the form of administrative sanctions, civil sanctions and criminal sanctions. There are no specific criminal sanctions against turtle smugglers, these sanctions are still incorporated in Law No. 5 of 1990, concluded that legal protection and sanctions against turtles as protected animals in the form of administrative, civil and criminal sanctions, specifically in Bali there are no criminal sanctions against turtle smugglers.","PeriodicalId":197649,"journal":{"name":"Jurnal Interpretasi Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-06-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127149090","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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