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Criminological Analysis of Criminal Actions Motor Vehicle Theft Based Victimological Perspective (Decision Number: 168/Pid.B/2022/PN.Kla) 基于被害人视角的机动车盗窃犯罪行为犯罪学分析(决定号:168/Pid.B/2022/PN.Kla)
Pub Date : 2023-07-30 DOI: 10.31849/jgh.v5i01.13211
Albertus Hazel Bernaditya, Lukmanul Hakim, Gindha Ansori Wayka, Analisis Kriminologi, Terhadap Tindak, Pidana Pencurian, Kendaraan Bermotor, Berdasarkan Perspektif, Studi Putusan Nomor, Pid, Pn, Kla, Jurnal Gagasan Hukum
Criminology is the science that studies crime. Crime is an act that harms society so that a negative reaction is given to it. One of the crimes that often occurs in society is the crime of motor vehicle theft. It is said to be detrimental because of the crime of theft of a motorized vehicle whose target object is a motorized vehicle that has high mobility and has high economic value. While victimology is the study of victims. It is said as a victim because there are several factors that make people commit these crimes. The problems in this study are the factors that cause the crime of motor vehicle theft and legal protection for the perpetrators of theft who participate in helping the main perpetrators based on a victimological perspective. The results of this research and discussion show that the factors that cause the crime of motor vehicle theft are environmental and economic factors. This was due to an invitation from a friend of the defendant who invited him to commit the theft as well as economic factors due to the high level of poverty which made the defendant not hesitate to take part in the theft of motorized vehicles. As well as legal protection for the perpetrators of theft who participate in helping the main actors based on the perspective of victimology is to get justice as fair as possible because the defendant behaves well and surrenders himself to the authorities.  
犯罪学是研究犯罪的科学。犯罪是一种危害社会的行为,因此它会受到负面的反应。机动车盗窃是社会上经常发生的犯罪之一。说它是有害的,是因为盗窃机动车的犯罪,其目标对象是机动能力强、经济价值高的机动车。而受害者学是对受害者的研究。它被称为受害者,因为有几个因素使人们犯下这些罪行。本文研究的问题是机动车盗窃犯罪的形成因素,以及盗窃行为人参与帮扶主犯的法律保护问题。本文的研究和讨论结果表明,造成机动车盗窃犯罪的因素主要是环境因素和经济因素。这是由于被告的朋友邀请他进行盗窃,以及由于高度贫困的经济因素使被告毫不犹豫地参与盗窃机动车辆。而对参与帮助人的盗窃行为人的法律保护,基于被害人学的视角,则是由于被告表现良好,主动向当局自首,从而获得尽可能公平的司法公正。
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引用次数: 0
Law Enforcement By Drugs Reserve Unit In Metro Resort Police Against Narcotics Abuse In Public Audience (Decision Number: 176/Pid.Sus/2021/Pn.Met) 都市度假区警察毒品储备股打击公众毒品滥用执法(决定号:176/Pid.Sus/2021/Pn.Met)
Pub Date : 2023-07-30 DOI: 10.31849/jgh.v5i01.13043
Jurnal Gagasan Hukum, Risti Dwi Ramasari, Kandiawan Putra, Raja Oloan Rambe
The rise of narcotics abuse cases in Indonesia is currently increasingly troubling the community. Perpetrators of narcotics abuse are not only adults, even teenagers or parents are very many. The domino effect resulting from narcotics abuse is also increasingly diverse, and efforts to overcome narcotics abuse are steps that are not easy to implement. The problem in this study is how the efforts by the Metro Police Narcotics Investigation Unit and the inhibiting factors in law enforcement against perpetrators of narcotics abuse in the general public.Research method The research method uses a normative juridical approach and an empirical approach using secondary data and primary data, then a qualitative juridical data analysis is carried out. The results of the study show: (1) Law enforcement efforts by the Metro Police Drug Investigation Unit against perpetrators of narcotics abuse in the general public through preventive and repressive measures. (2) The inhibiting factors are the lack of coordination in the field and the limited personnel of drug investigators, the lack of supervision of the community for the prevention and eradication of drugs in the community, and the lack of facilities and infrastructure in the counseling and coaching process that support the prevention of drug crimes.Suggestions, awareness is needed from all parties, both from the government, society and the perpetrators themselves to be immediately aware of the dangers of narcotics abuse by holding and attending more frequent seminars, legal counseling and discussions regarding the dangers of narcotics.
印度尼西亚滥用麻醉品案件的增加目前正日益困扰着社会。滥用麻醉品的肇事者不仅是成年人,甚至青少年或家长也很多。滥用麻醉品造成的多米诺骨牌效应也日益多样化,克服滥用麻醉品的努力是不容易执行的步骤。本研究的问题是都市警察毒品调查组的努力和执法中的抑制因素如何在公众中打击滥用毒品的犯罪者。研究方法采用规范性的法律方法和利用二手数据和一手数据的实证方法,然后进行定性的法律数据分析。研究结果表明:(1)都市警察毒品调查组通过预防和镇压措施,对普通市民滥用毒品的肇事者进行了执法努力。(2)制约因素有:现场缺乏协调、毒品侦查人员有限、社区缺乏对社区毒品预防和根除工作的监督,以及支持预防毒品犯罪的咨询和辅导过程中缺乏设施和基础设施。政府、社会和犯罪者本身都需要提出建议和提高认识,立即认识到滥用麻醉品的危险,更频繁地举办和参加关于麻醉品危险的研讨会、法律咨询和讨论。
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引用次数: 0
Judges' Considerations In Implementing Criminal Sanctions To Persons Of The Crime For Forcing Children To Perform Abusive Actions (Decision Number: 150/Pid.Sus/2021/PN Gdt) 法官对强迫儿童实施虐待行为罪犯罪人实施刑事制裁的考虑(决定号:150/Pid)。Sus / 2021 / PN Gdt)
Pub Date : 2023-07-30 DOI: 10.31849/jgh.v5i01.13016
Jurnal Gagasan Hukum, Muhammad Umar Adinata, S. Endang, Indah Satria
Abstract One example of the crime of forcing a child to commit obscene acts is based on Decision Number: 150/Pid.Sus/2021/PN Gdt which states that the Defendant Nuzul Hairi Bin Nurul Huda has been legally and convincingly proven guilty of committing a crime of committing violence and threats of forceful violence child commits obscene acts. Factors that cause perpetrators to commit crimes of forcing children to commit obscene acts based on Decision Number: 150/Pid.Sus/2021/PN Gdt are educational factors, environmental factors or place of residence. The criminal act of sexual intercourse with a child in the jurisdiction of the Pesawaran Resort Police is indicated by the process of development of culture and civilization. Displacement of norms of behavior in western cultural areas and studied as a mental conflict or as a clash of cultural values. Economic factor theory is fundamental to all social structures. Economic development in the jurisdiction of the Pesawaran Resort Police tends to be uneven, there are still many people who have not found work or are unemployed. This condition causes social deviations in society, such as the crime of sexual intercourse with a child in the jurisdiction of the Pesawaran Resort Police. The judge's considerations in applying criminal sanctions to perpetrators of the crime of forcing children to commit obscene acts based on Decision Number: 150/Pid.Sus/2021/PN Gdt consist of 2 (two) things, namely aggravating things and mitigating things. What was aggravating was that the actions of the defendant had damaged the future of the witness-victim, the parents of the witness-victim felt very objection to the actions of the defendant, and the actions of the defendant had violated religious norms. Meanwhile, the mitigating factors are that the defendant admits and regrets his actions and promises not to repeat his actions, and the defendant has never been punished.
强迫儿童实施淫秽行为罪的一个例子是基于判决号:150/Pid。Sus/2021/PN Gdt声明,被告Nuzul Hairi Bin Nurul Huda已被合法且令人信服地证明犯有暴力和暴力威胁儿童猥亵行为罪。导致行为人实施强迫儿童淫秽犯罪的因素(基于判决号:150/Pid)。Sus/2021/PN Gdt是教育因素、环境因素或居住地。在Pesawaran度假村警察管辖范围内与儿童发生性关系的犯罪行为是由文化和文明的发展进程所表明的。行为规范的错位在西方文化领域被研究为一种心理冲突或文化价值观的冲突。经济因素理论是所有社会结构的基础。白沙瓦兰度假警察辖区内的经济发展往往参差不齐,仍有许多人没有找到工作或失业。这种情况在社会上造成社会偏差,例如在白沙瓦兰度假警察的管辖范围内与儿童发生性关系的罪行。法官根据第150/Pid号判决书对强迫儿童从事淫秽行为的犯罪人实施刑事制裁的考虑。Sus/2021/PN Gdt由两部分组成,即加重部分和减轻部分。更令人恼火的是,被告的行为损害了证人-受害者的未来,证人-受害者的父母对被告的行为感到非常反对,被告的行为违反了宗教规范。同时,被告人承认并后悔自己的行为,并承诺不再重复,被告人从未受到过处罚。
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引用次数: 0
Legal Security Of Land Ownership By The System Law In Indonesia And Judicia Practice 印尼土地所有权的制度法律保障及司法实践
Pub Date : 2023-07-30 DOI: 10.31849/jgh.v5i01.13232
Barita Sidabutar
Cases of land title certificates issued by the National Land Agency are still officially available in several regions in Indonesia. A certificate of ownership is a guarantee to provide legal certainty and protection to the holder of a right to a plot of land so that the party who proves is the true owner of the parcel of land. In this study, having proof of land ownership in the form of a Certificate of Ownership over land does not guarantee legal certainty for landowners. This study aims to determine the legal certainty of ownership of certificates of land rights based on several applicable laws and regulations, and based on the decision of the Medan District Court Number 784/Pdt.G/2019/PNMdn; Pekanbaru District Court decision Number 178/Pdt.G/2021/PNPbr; and Jambi District Court decision Number 40/Pdt.G/2021/PNJmb. The results of this study are that legal certainty of ownership of land rights according to the legal system in Indonesia does not provide absolute certainty of rights because even if someone already has a letter as proof of land ownership, other parties can still sue the owner of the land.
在印度尼西亚的几个地区,国家土地局颁发的土地所有权证书仍可正式获得。所有权证书是一种保证,为一块土地的权利持有人提供法律上的确定性和保护,以便证明的一方是这块土地的真正所有者。在本研究中,以土地所有权证书的形式证明土地所有权并不能保证土地所有者的法律确定性。本研究旨在根据若干适用法律法规,并以棉兰地方法院第784/Pdt.G/2019/PNMdn号判决为依据,确定土地权属证书的法律确定性;北干巴鲁地方法院第178/Pdt.G/2021/PNPbr号判决;以及占碑地方法院第40/Pdt.G/2021/PNJmb号判决。本研究的结果是,根据印度尼西亚的法律制度,土地权利所有权的法律确定性并没有提供绝对的权利确定性,因为即使有人已经有了作为土地所有权证明的信件,其他各方仍然可以起诉土地所有者。
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引用次数: 0
Optimizing The Role Of The State Administrative Court In Assessing Elements Of Abuse of Authority Based on Law No. 30 of 2014 jo. Supreme Courts No. 4 of 2015 基于2014年省部法第30号优化国家行政法院在职权滥用认定中的作用。最高法院2015年第4号判决
Pub Date : 2023-07-30 DOI: 10.31849/jgh.v5i01.13158
Jurnal Gagasan Hukum, Bagus Teguh Santoso, Samuel Dharma, Putra Nainggolan, Jamalum Sinambela, Kholilur Rahman
The concept of Abuse of Authority as contained in Law 31/1999 as amended and added to Law 20/2001 concerning the Eradication of Corruption Crimes creates a dualism of understanding. The definition of abuse of authority in criminal law and the definition of abuse of authority in administrative law clearly experience differences in terms of concept and law enforcement. This research describes the concept of abuse of authority from the perspective of administrative law, this research is a normative legal research using statutory and conceptual approaches so that the understanding of abuse of authority and its legal consequences in administrative law, and its relation to the enforcement of corruption crimes can be understood.
《第31/1999号法律》所载的滥用职权概念,经修订后加入《第20/2001号根除贪污罪行法》,形成了一种二元论的理解。刑法中职权滥用的定义与行政法中职权滥用的定义在概念和执法上明显存在差异。本研究从行政法的角度对权力滥用的概念进行了描述,本研究是一项运用成文法和概念方法的规范性法律研究,以便理解行政法中对权力滥用及其法律后果的理解,以及权力滥用与腐败犯罪执法的关系。
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引用次数: 0
Copyright And Music And Song Art Works In The Digital Era 数字时代的版权与音乐与歌曲艺术作品
Pub Date : 2023-07-30 DOI: 10.31849/jgh.v5i01.14228
Dwi Anindya Harimurti
In the last two decades, art and technology have become increasingly inseparable. Technology, in this case the internet, has given birth to a new era known as the digital era, followed by the emergence of many problems, one of which is in the field of copyright. A number of cases of copyright infringement were committed by art creators and the public in general, both consciously and unconsciously due to the lack of knowledge about copyright, especially now that all the information needed is readily available on the Internet. This condition provides a huge opportunity to plagiarize a work of art. Through library research, this study focuses on the perspective of limitations and exceptions to copyrights for works of art in the digital era and describes the concepts of regulation and protection.
在过去的二十年里,艺术和技术变得越来越密不可分。技术,在这里指的是互联网,催生了一个被称为数字时代的新时代,随之而来的是许多问题的出现,其中之一就是版权领域。由于对版权知识的缺乏,特别是在所有需要的信息都可以在互联网上随时获得的今天,许多侵犯版权的案件都是由艺术创作者和公众有意无意地犯下的。这种情况为剽窃艺术作品提供了巨大的机会。本研究以图书馆为研究对象,从数字时代艺术作品著作权的限制与例外的角度出发,阐述了规制与保护的概念。
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引用次数: 0
The Contradiction Of Diversion Become An Option For Handling And Resolving Cases Against Children Who Complete Criminal Actions 分流矛盾成为处理和解决对完成刑事诉讼的儿童案件的一种选择
Pub Date : 2023-07-30 DOI: 10.31849/jgh.v5i01.13729
Retno Dwi Astuti, Anggi Dwita, Yusabbihu Zafarina, Sadiah, Surya Afif Rahmandika, Herli Antoni, Kontradiksi Diversi, Yang Menjadi, Suatu Opsi, Penanganan Dan, Penuntasan Kasus, Terhadap Anak, Yang Melakukan, Tindak Pidana
Diversion is a system of handling outside the formal justice system process due to criminal cases involving child perpetrators who are underage. Settlement through diversion is reserved for children in conflict with the law. This journal writing research method uses normative theory. Therefore, according to Article 108 of Law of the Republic of Indonesia Number 11 of 2012 concerning the Juvenile Criminal Justice System, the diversion system is used for reasons of distancing and separating underage perpetrators from settlement through the formal justice system so that discrimination does not occur against child offenders. Through prevention efforts in the form of diversion, it does not provide a deterrent effect so that underage criminals underestimate the existence of these diversion efforts. Efforts so that child victims are protected from children who commit acts against the law or perpetrators are maximally not giving diversion to children who return to committing crimes after a judge's decision.
转管是一种在正式司法系统程序之外处理涉及未成年儿童犯罪者的刑事案件的制度。通过转移解决是为违反法律的儿童保留的。本期刊写作研究方法采用规范理论。因此,根据印度尼西亚共和国关于少年刑事司法制度的2012年第11号法律第108条,使用转移制度的原因是将未成年犯罪者与正式司法制度隔离开来,使其无法得到安置,从而不会对儿童罪犯产生歧视。通过转移形式的预防努力,它不能提供威慑作用,使未成年罪犯低估这些转移努力的存在。为保护儿童受害者免受儿童违法行为或犯罪者的侵害而作出的努力,最大限度地不转移那些在法官作出判决后重新犯罪的儿童的注意力。
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引用次数: 0
Legal Consequences For a PPAT Sale and Purchase Deed’s to Buyers Who Dont Own the Object of Sale and Purchase PPAT买卖契约对没有买卖标的的买受人的法律后果
Pub Date : 2023-01-31 DOI: 10.31849/jgh.v4i2.12937
Risa Septiana, M. Sudirman, Erny Kencanawati
Currently, the need for authentic certificates as evidence is increasing along with the increase in business relationships in various business fields, both on a local and international scale. Most people acquire land by buying and selling. In preventing land problems so that conflicts do not occur in the community, it is necessary to have regulation, control and use of land regulated in the BAL. This study uses a normative juridical law approach with sufficient literature so that secondary data is also needed. The theory of legal certainty is also discussed in this study, because it is fair and implemented normatively, not sociologically. The Civil Code, the sale and purchase of land is essentially a transfer of land rights to other parties/persons in the form of land sellers to land buyers. Buying and selling in customary law is a legal act of transferring land rights by paying the price at the same time in cash.
目前,随着本地和国际范围内各个商业领域的业务关系的增加,对真实证书作为证据的需求也在增加。大多数人通过买卖获得土地。为了防止土地问题,避免在社区内发生冲突,有必要在《土地法》中规管、管制和使用土地。本研究采用规范的法律方法,有足够的文献,因此也需要二手数据。法律确定性理论也在本研究中进行了讨论,因为它是公平的,是规范性的,而不是社会学的。《民法典》规定,土地买卖本质上是将土地权利以土地卖方向土地买方的形式转让给其他各方/个人。在习惯法上,买卖是一种通过同时以现金支付价款来转让土地权利的法律行为。
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引用次数: 0
Implementation Of Regional Regulation Number 9 Of 2004 Regarding Permits For Establishing Supermarkets In Marpoyan Damai District 执行2004年第9号关于在马波扬达迈区设立超市许可证的地区条例
Pub Date : 2023-01-29 DOI: 10.31849/jgh.v4i2.12747
Riantika Pratiwi, Ghatra Alhadi
The purpose of this study is to explain the implementation of the regional regulation of Pekanbaru City number 9 of 2014 concerning the management of people's markets, shopping centers and supermarkets regarding permits to establish supermarkets in Marpoyan Damai District. This research method was carried out using the sociological legal research method. The results of the study revealed that the implementation of supervising supermarkets in Marpoyan Damai District has not been running in accordance with the Regional Regulation of Pekanbaru City number 9 of 2014 concerning the management of people's markets, shopping centers and supermarkets because there are still many supermarkets that do not have SIUP and supermarkets that do not register repeat. Keywords: Regional Regulations, Licensing, Self-Service
本研究的目的是解释北干巴鲁市2014年第9号区域法规的实施情况,该法规涉及人民市场、购物中心和超市的管理,涉及Marpoyan Damai区建立超市的许可证。本研究方法采用社会学法学研究方法进行。研究结果显示,由于仍然有许多超市没有SIUP和超市没有注册,马尔波扬达麦区监管超市的实施并没有按照北干巴鲁市2014年第9号关于人民市场、购物中心和超市管理的区域条例进行。关键词:区域法规,许可,自助服务
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引用次数: 0
Judges' Considerations In Making Decisions On Actors Who Distribute/ Transmission Of Information/ Documents Violated Electronics Decency (Decision Study Number: 471/Pid.Sus/2022/PN Tjk) 法官对分发/传输违反电子规范的信息/文件的行为者作出判决时的考虑(决策研究编号:471/Pid)。Sus / 2022 / PN Tjk)
Pub Date : 2023-01-29 DOI: 10.31849/jgh.v4i2.12930
Aditya Rahmad Saputra, I Ketut Seregig, Yulia Hesti
The purpose of the study is to determine the judge's consideration on the decision of the criminal act of distributing / transmitting information / electronic documents that violate decency Number: 471/Pid.Sus / PN Tjk which is seen from the principle of legal certainty and decency. The research method used is a normative legal research method. In this study, the methods used in analyzing problems are the statutory approach and also the case approach. The findings are that the judge's consideration of the criminal act of judgment Number: 471/ Pid.Sus/PN Tjk is that it has fulfilled the principles of legal certainty and decency.
本研究的目的是确定法官对传播/传递信息/电子文件违反礼仪犯罪行为判决的考虑,编号:471/Pid。Sus / PN Tjk这是从法律确定性和体面原则来看的。本文采用的研究方法是一种规范的法律研究方法。在本研究中,分析问题的方法有法定方法和案例方法。调查结果是,法官对犯罪行为的考虑判决号:471/ Pid。Sus/PN Tjk是它实现了法律确定性和体面的原则。
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引用次数: 0
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Jurnal Gagasan Hukum
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