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Political Parties In The Indonesian Political System After The Rolling Of Reforms 改革后印尼政治体制中的政党
Pub Date : 2022-11-16 DOI: 10.58471/justi.v13i1.727
Muhammad Budiana, Willya Achmad
Since Indonesia's independence until the reformation of the Indonesian nation, the country's political system has not been one that is purely derived from the socio-cultural values of the Indonesian nation itself, but rather one that utilizes the political culture of the Dutch colonial government. This has been the case from the time of Indonesia's independence until the nation's reformation. The existence of political parties in Indonesia is also impacted as a result of this. The purpose of this study is to investigate the roles that political parties have played in Indonesia's political system since the country's recent reforms. In this investigation, a qualitative strategy is combined with a descriptive research approach. The findings of the study indicate that after the reform in Indonesia, political parties are not able to properly function as pillars of democracy in the political system in Indonesia. Instead, political parties in Indonesia prefer to sacrifice their party ideology, which is the defining characteristic of the party, in order to simply receive the highest number of votes possible. Because of this, political parties in Indonesia exhibit the characteristics of floating parties.
从印度尼西亚独立到印度尼西亚民族改革,该国的政治制度并不是纯粹来源于印度尼西亚民族本身的社会文化价值,而是利用了荷兰殖民政府的政治文化。从印尼独立到国家改革都是如此。印尼政党的存在也因此受到影响。本研究的目的是调查政党在印尼政治制度中扮演的角色,因为该国最近的改革。在这项调查中,定性策略与描述性研究方法相结合。研究结果表明,印尼改革后,政党在印尼政治体制中不能很好地发挥民主支柱的作用。相反,印度尼西亚的政党宁愿牺牲自己的政党意识形态,这是政党的决定性特征,只是为了获得尽可能多的选票。正因如此,印尼政党呈现出了浮动政党的特征。
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引用次数: 1
JUDGES' CONSIDERATIONS IN DECIDING CRIMINAL ACTS OF CLASS 1 ARCOTIC ABUSE FOR YOURSELF (CASE STUDY Number 1/Pid.Sus-Anak/2019/PN Lbp PN LUBUK PAKAM) 法官在判定自己的第一类滥用麻醉品犯罪行为时的考虑(案例研究1/Pid)。su - anak /2019/警政及警监
Pub Date : 2022-09-02 DOI: 10.58471/justi.v13i1.438
Fox Justi, M. Akbar, Syahrul bakti Harahap
Narcotics abuse no longer looks at age, ranging from children, teenagers, adults to the elderly even though they are not free from the trap of narcotics abuse. It is estimated that around 1.5 percent of the total population of Indonesia are victims of narcotics abuse. The problem of narcotics circulation is no less worrying, because it does not only occur in big cities but also reaches remote parts of Indonesia. Misuse of psychotropic substances can lead to a dependency syndrome if their use is not under the supervision and guidance of health workers who have the expertise and authority to do so. The reality in society shows that psychotropics should be used in health services and science has been abused. The use of this substance is out of bounds, which is generally intended for temporary pleasure. This causes people who are addicted to psychotropics to increase. The demand for psychotropics in the black market is also getting bigger. The crime rate that arises from the urge to get psychotropics as well as those that occur after someone consumes them also increases. This research method is normative juridical which will explore various secondary literatures consisting of legislation, regulations, books, journals and papers related to patents. The author uses a normative juridical method because the target of this research is law and rule. The definition of rules includes, legal principles, rules in a narrow sense and concrete legal regulations. This normative juridical research method aims to find coherent truth through deductive reasoning. Deductive way of thinking means research will depart from a specific idea.Data collection methods are through: questionnaires, interviews, observations, exams (tests), documentation, and others. Researchers can use one or a combination of techniques depending on the problem at hand or being studied.The results of the study stated that the child of BAYU SETIAWAN, Als. ARIF IRAWAN, had been legally and convincingly proven guilty of committing the crime of "Narcotics Abuser Group I for himself"; Imposing a criminal sentence to the child therefore with imprisonment for 7 (seven) months; Determine the period of arrest and the period of detention that the child has served is completely deducted from the sentence imposed; Determine that the child remains in detention; Stating evidence in the form of: 1 (one) small plastic clip pack containing methamphetamine with a net weight of 0.04 (zero point zero four) grams.            
滥用麻醉品不再视年龄而定,从儿童、青少年、成年人到老年人,尽管他们也不能摆脱滥用麻醉品的陷阱。据估计,印度尼西亚总人口中约有1.5%是滥用麻醉品的受害者。麻醉品流通问题同样令人担忧,因为它不仅发生在大城市,而且还蔓延到印度尼西亚的偏远地区。精神药物的滥用如果没有在具有专门知识和权威的卫生工作者的监督和指导下使用,就可能导致依赖综合症。社会现实表明,精神药物应该用于卫生服务,而科学却被滥用。这种物质的使用是禁止的,它通常是为了暂时的快乐。这导致对精神药物上瘾的人增加。黑市对精神药物的需求也越来越大。由于渴望获得精神药物而引起的犯罪率以及在服用后发生的犯罪率也在增加。本研究方法为规范法学,将探索与专利相关的各种二手文献,包括立法、法规、书籍、期刊和论文。由于本文的研究对象是法律和规则,因此作者采用了规范法学的方法。规则的定义包括法律原则、狭义规则和具体法律规定。这种规范性的法律研究方法旨在通过演绎推理找到连贯的真理。演绎的思维方式意味着研究将离开一个具体的想法。数据收集方法包括:问卷调查、访谈、观察、考试(测试)、文档等。研究人员可以根据手头或正在研究的问题使用一种或几种技术。研究结果表明,巴渝塞田湾的孩子。ARIF IRAWAN已在法律上令人信服地证明犯有“第一类滥用麻醉品者”罪行;因此,对该儿童处以7个月监禁的刑事判决;确定逮捕期限,并从所判刑期中完全扣除该儿童已服刑的拘留期限;确定该儿童仍被拘留;以下列形式陈述证据:1(一个)小塑胶夹装甲基苯丙胺,净重0.04克。
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引用次数: 0
IMPLEMENTATION OF THE ELECTRONIC TRANSACTION LAW (UU ITE) REVIEWED BASED ON THE BOOK OF CRIMINAL LAW (KUHP) ON FREEDOM OF COMMUNITY EXPRESSION IN SOCIAL MEDIA 电子交易法(uuite)的执行情况,是根据刑法(kuhp)中有关社群在社交媒体上表达自由的内容而检讨
Pub Date : 2022-09-02 DOI: 10.58471/justi.v13i1.437
Fox Justi, Zariah Nur, Mahzaniar
This study aims to determine the implementation of the Electronic Transaction Law (Uu Ite) in terms of the Criminal Code (KUHP) on the Freedom of Expression of the Community on Social Media. Social media is an online medium, with its users being able to easily participate, share, and create content including blogs, social networks, wikis, forums and virtual worlds. Blogs, social networks and wikis are the most common forms of social media used by people around the world. Deliberately and without rights distributing and/or transmitting and/or making accessible Electronic Information and/or Electronic Documents containing insults and/or defamation with decision number 61/Pid.B/2020/PN Mdn. The government has played a role in law enforcement in the field of Information and Electronic Transactions (ITE) with the enactment of Law No. 11 of 2008 concerning ITE. The Government of the Republic of Indonesia through law enforcement officials, especially the National Police, has been actively engaged to act as justice enforcers in criminal offenses in the field of Information and Electronic Transactions, although not yet optimal
本研究旨在确定电子交易法(Uu Ite)在刑法(KUHP)对社会媒体上的社区言论自由方面的实施。社交媒体是一种在线媒体,其用户能够轻松参与、分享和创建内容,包括博客、社交网络、维基、论坛和虚拟世界。博客、社交网络和维基是世界各地人们最常用的社交媒体形式。故意和无权利分发和/或传播和/或提供包含侮辱和/或诽谤的电子信息和/或电子文件,第61/Pid号决定。B / 2020 / PN Mdn。政府颁布了关于信息和电子交易的2008年第11号法律,在信息和电子交易领域的执法中发挥了作用。印度尼西亚共和国政府通过执法官员,特别是国家警察,积极参与在信息和电子交易领域的刑事犯罪中担任司法执行者,尽管这还不是最理想的
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引用次数: 0
JURIDICAL REVIEW IN EFFORT TO COMMAND OFFENSIVE CRIMINAL ACTIONS PERFORMED BY UNDERAGE CHILDREN (CASE STUDY DECISION NO. 563/PID.SUS/2021/PN LBP) 为指挥未成年儿童实施冒犯性犯罪行为而进行的司法审查(案例研究决定编号:563 / PID。SUS / 2021 / PN LBP)
Pub Date : 2022-09-02 DOI: 10.58471/justi.v13i1.434
Fox Justi, Anisa Fitri, Mahzaniar
In writing this thesis the author discusses the juridical review in an effort to overcome immoral crimes committed by minors. This is motivated because the author feels the importance of protecting children in legal matters. On the basis of looking at the condition of the surrounding environment and the circumstances in which the violation of this law is increasingly rampant. This study aims to find out about how the process of tackling immoral crimes against children as the next generation. This research was conducted in Deli Serdang Regency by choosing an agency that has a connection with this problem having its address at the Lubuk Pakam District Court Class IA Jl. General Sudirman No. 58 Lubuk Pakam, Postal Code: 20512, North Sumatra. The type of research used is juridical research, namely legal research conducted based on norms and rules and legislation, especially those relating to the implementation of Law no. 35 of 2014 concerning Child Protection. The results of the study discuss the factors that cause immoral crimes in children, namely family factors, environmental factors, educational factors and social media technology development factors. Completion of cases of judges' decisions on perpetrators of immoral criminal cases. Efforts made in tackling immoral crimes against children, namely legal counseling are very important, given that in general criminals are criminals. Especially immoral crimes against children is the level of legal awareness is still relatively low, so that with this outreach activity, it is hoped that they can understand and realize that immoral crimes against children are unlawful acts and are detrimental to society, which are threatened by law. Then repressive efforts in tackling immoral crimes against children. The repressive action is carried out by arresting and legally processing the perpetrators of immoral crimes against children in accordance with applicable legal regulations.
在撰写这篇论文时,作者讨论了司法审查,以努力克服未成年人的不道德犯罪。这是因为发件人感到在法律事务中保护儿童的重要性。在考察周边环境状况和情况的基础上,违反这一法律的行为日益猖獗。这项研究的目的是找出如何处理针对下一代儿童的不道德犯罪的过程。这项研究是在Deli Serdang县进行的,选择了一个与这个问题有联系的机构,其地址在Lubuk Pakam地区法院IA类j1。苏迪曼将军58号,邮编:20512,北苏门答腊岛。所使用的研究类型是司法研究,即根据规范、规则和立法进行的法律研究,特别是与第11号法律的实施有关的法律研究。2014年第35号关于儿童保护的法律。研究结果讨论了导致儿童不道德犯罪的因素,即家庭因素、环境因素、教育因素和社交媒体技术发展因素。完成法官对不道德刑事案件行为人的判决案件。在打击侵害儿童的不道德犯罪方面所做的努力,即法律咨询是非常重要的,因为一般来说,罪犯就是罪犯。特别是侵害儿童的不道德犯罪是法律意识水平还比较低的,希望通过这次外展活动,让他们了解和认识到侵害儿童的不道德犯罪是违法行为,是危害社会的,是受到法律威胁的。然后是镇压针对儿童的不道德犯罪。镇压行动是通过根据适用的法律条例逮捕和合法处理对儿童犯下不道德罪行的罪犯来进行的。
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引用次数: 0
DEFAULT WITH FRAUD IN A DEBT AGREEMENT 在债务协议中以欺诈罪违约
Pub Date : 2022-09-02 DOI: 10.58471/justi.v13i1.433
Hari Panri Nst, Tri Reni Novita
This research is about Analysis of Default with Fraud in Debt Agreements in Deli Serdang Regency, Medan City. Problem Formulation How is the difference between default and fraud in a debt agreement? What are the obstacles faced in resolving cases of default with fraud in the debt agreement? What efforts are made in resolving cases of default with fraud in the debt agreement? The purpose of this study is to determine the difference between default and fraud in accounts payable agreements. To find out what obstacles are faced in resolving cases of default with fraud in the debt agreement. To find out what efforts are being made in resolving cases of default with fraud in accounts payable agreements. The type of research used is normative and empirical legal research. The results of the study of the difference between default and fraud in accounts payable agreements are that the debtor continues to perform but is only able to pay off part of his debt to the debtor and cannot pay off all his debts to the debtor. In this case, there were several obstacles that occurred the contents of the plaintiff's special power of attorney were incomplete. In this case Defendant 1 could not complete the construction because the building permit was not issued for the land contained in the Certificate of Ownership no. 520 By the Department of Settlement and Spatial Planning Medan City. And in this case also Defendant II could not submit the Certificate of Ownership No. 520 to the plaintiff due to the absence of consent from the defendant I. The legal settlement in the case of default on the debt agreement carried out by Zulkarnai against Mr. Salim and Mrs. Devi Juliastuti was pursued through the courts. Mr. Salim and Mrs. Devi Juliastuti as defendants never attended the trial even though he had been legally and properly summoned, so the judge decided to impose a versteeek verdict on this case.
本研究是关于棉兰市Deli Serdang县债务协议中违约与欺诈的分析。债务协议中的违约与欺诈有何区别?在解决债务协议中存在欺诈的违约案件时面临哪些障碍?在解决债务协议中涉及欺诈的违约案件方面作出了哪些努力?本研究的目的是确定违约和欺诈在应付账款协议之间的区别。了解在解决债务协议中欺诈违约案件时面临的障碍。了解在解决应付账款协议中欺诈的违约案件方面所做的努力。所使用的研究类型是规范和实证法律研究。对应付账款协议中违约与欺诈的区别进行研究的结果是,债务人继续履行,但只能偿还其对债务人的部分债务,不能偿还其对债务人的全部债务。在本案中,原告特别授权委托书内容不完整,出现了若干障碍。在本案中,被告1无法完成建筑工程,因为没有为编号。由棉兰市定居和空间规划部负责。在本案中,由于没有得到被告1的同意,被告2也不能向原告提交第520号所有权证书。Zulkarnai对Salim先生和Devi Juliastuti夫人执行的债务协议违约案的法律解决是通过法院进行的。作为被告的萨利姆先生和德维·朱利亚斯图蒂夫人从未出席庭审,尽管他已被合法、适当地传唤,因此法官决定对此案作出不公正的判决。
{"title":"DEFAULT WITH FRAUD IN A DEBT AGREEMENT","authors":"Hari Panri Nst, Tri Reni Novita","doi":"10.58471/justi.v13i1.433","DOIUrl":"https://doi.org/10.58471/justi.v13i1.433","url":null,"abstract":"This research is about Analysis of Default with Fraud in Debt Agreements in Deli Serdang Regency, Medan City. Problem Formulation How is the difference between default and fraud in a debt agreement? What are the obstacles faced in resolving cases of default with fraud in the debt agreement? What efforts are made in resolving cases of default with fraud in the debt agreement? The purpose of this study is to determine the difference between default and fraud in accounts payable agreements. To find out what obstacles are faced in resolving cases of default with fraud in the debt agreement. To find out what efforts are being made in resolving cases of default with fraud in accounts payable agreements. The type of research used is normative and empirical legal research. The results of the study of the difference between default and fraud in accounts payable agreements are that the debtor continues to perform but is only able to pay off part of his debt to the debtor and cannot pay off all his debts to the debtor. In this case, there were several obstacles that occurred the contents of the plaintiff's special power of attorney were incomplete. In this case Defendant 1 could not complete the construction because the building permit was not issued for the land contained in the Certificate of Ownership no. 520 By the Department of Settlement and Spatial Planning Medan City. And in this case also Defendant II could not submit the Certificate of Ownership No. 520 to the plaintiff due to the absence of consent from the defendant I. The legal settlement in the case of default on the debt agreement carried out by Zulkarnai against Mr. Salim and Mrs. Devi Juliastuti was pursued through the courts. Mr. Salim and Mrs. Devi Juliastuti as defendants never attended the trial even though he had been legally and properly summoned, so the judge decided to impose a versteeek verdict on this case.","PeriodicalId":351142,"journal":{"name":"Fox Justi : Jurnal Ilmu Hukum","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130247428","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}
引用次数: 0
SETTLEMENT OF CIVIL DISPUTES BETWEEN CUSTOMERS WITH BANK THROUGH BANKING MEDIATION (Case Study of Bank Al Washliyah Medan) 通过银行调解解决客户与银行之间的民事纠纷(以棉兰瓦什利亚银行为例)
Pub Date : 2022-09-02 DOI: 10.58471/justi.v13i1.439
Fox Justi, Asmaharani Mellinia Harahap, Adawiyah Nasution
A conflict can originate from the engagement or outside the engagement. Conflicts originating from the engagement arise when one of the parties to the agreement defaults or denies the contents of the agreement. One party views that the contents of the agreement must be fulfilled, the other party views that the provisions or contents of the agreement can be denied. So according to the title I researched, namely "Civil Dispute Resolution Between Customers and Banks Through Banking Mediation" who conducted a case study at Bank Al-Washliyah Medan. The problems discussed in this study are what causes banking disputes at Bank Al Washliyah Medan? What is the procedure for resolving disputes between customers and banks through the banking mediation process at Bank Al Washliyah Medan? And how is the legal protection for bank customers through mediation at Bank Al Washliyah Medan?. This research method uses normative legal research which is legal research conducted by examining library materials or secondary data. The data collection technique was carried out by interview and documentation, then to analyze the data used a qualitative approach, namely by analyzing the data in depth and then interpreting it.
冲突可以源于业务约定,也可以源于业务约定之外。当合同的一方不履行或否认合同的内容时,合同所产生的冲突就产生了。一方认为协议的内容必须履行,另一方认为协议的规定或内容可以否定。所以根据我研究的题目,即“通过银行调解解决客户与银行之间的民事纠纷”,她在棉兰银行进行了案例研究。本研究讨论的问题是:是什么原因导致棉兰银行的银行纠纷?棉兰银行通过银行调解程序解决客户与银行之间纠纷的程序是什么?通过棉兰银行的调解对银行客户的法律保护是怎样的?这种研究方法使用规范性法律研究,即通过检查图书馆资料或二手数据进行的法律研究。数据收集技术是通过访谈和文献资料进行的,然后使用定性方法分析数据,即通过深入分析数据然后解释数据。
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引用次数: 0
REVIEW OF COVID-19 TASK CIRCULAR LETTER NUMBER 20 YEAR 2021 ON MANDATORY QUARANTINE POLICY AFTER TAKING INTERNATIONAL TRAVEL DURING THE COVID-19 PANDEMIC IN HUMAN RIGHTS PERSPECTIVE (STUDY ON TRAVEL HUB HOTEL) 审查2019冠状病毒病任务通函2021年第20号:从人权角度审视2019冠状病毒病大流行期间国际旅行后的强制隔离政策(关于旅游枢纽酒店的研究)
Pub Date : 2022-09-02 DOI: 10.58471/justi.v13i1.435
Fox Justi, Budi Harto, Mahzaniar
The phenomenon of the spread of the corona virus (Covid-19) which is very fast and uncontrolled has made the World Health Organization (WHO) stipulate that Covid-19 as a pandemic on March 12, 2020. In Indonesia, as one of the countries affected by Covid-19, has tried to make several policies in order to suppress the spread and limit the space for the transmission of Covid-19. One of these policies is the regulation of mandatory quarantine for Indonesian Citizens (WNI) and Foreign Citizens (WNA) who have traveled internationally as stated in the Covid-19 Task Force Circular No. 20 of 2021 concerning International Travel Health Protocols During the Covid-19 Pandemic. -19. The policy regarding the obligation to undergo quarantine during the pandemic has the potential for violations in terms of fulfilling human rights. This study examines more specifically the self-quarantine regulations that are placed in hotels with the components of all costs incurred not being borne by the government but by themselves. This type of research uses a normative juridical method with an approach to legislation and concepts related to self-quarantine. This study summarizes that the state policy regarding mandatory quarantine in an emergency situation such as the Covid-19 pandemic is something that is legally allowed, as long as the limitation of human rights is still in the derogable right group (which can be limited in its fulfillment). However, taking such action must be done carefully, and full of wisdom
由于新型冠状病毒(Covid-19)的传播速度非常快,而且无法控制,世界卫生组织(WHO)于2020年3月12日将新冠病毒(Covid-19)确定为大流行。印度尼西亚作为受Covid-19影响的国家之一,试图制定多项政策,以抑制传播并限制Covid-19的传播空间。其中一项政策是根据2019冠状病毒病特别工作组关于2019冠状病毒病大流行期间国际旅行卫生议定书的2021年第20号通知,对国际旅行的印度尼西亚公民(WNI)和外国公民(WNA)进行强制隔离的规定。-19年。关于大流行病期间接受隔离义务的政策有可能侵犯人权的实现。本研究更具体地考察了酒店的自我隔离规定,其所有费用的组成部分不是由政府承担,而是由他们自己承担。这种类型的研究使用规范的司法方法,以及与自我隔离相关的立法和概念。本研究总结认为,在新冠疫情等紧急情况下,只要对人权的限制仍然属于可减损的权利组(可以限制其履行),国家强制隔离政策在法律上是允许的。然而,采取这样的行动必须谨慎,并充满智慧
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引用次数: 0
JURIDICAL REVIEW ON HUMAN TRAFFICKING CRIMINAL ACTS (Decision Number : 801/Pid.Sus/2020/PN Lbp) 关于贩卖人口犯罪行为的司法审查(决定号:801/Pid)。Sus / 2020 / PN Lbp)
Pub Date : 2022-09-02 DOI: 10.58471/justi.v13i1.436
Fox Justi, Cindy Regita Pratiwi, Mahzaniar
Trafficking in persons is a symbol/social status where people who have high social status (economic and political power) are ensured to have slaves. Everyone who has slaves will be considered to have a high social status, so it has become a common thing for people who have a high social status. In this problem, the researcher asserts that the legal questions and objectives for human trafficking are as follows: 1. How is the application of the legal system governing the occurrence of the crime of human trafficking (human trafficking) 2. How is the analysis of judge decisions in trafficking decisions Human Trafficking at Number.801/Pid.Sus/2020/PN Lbp. 3. How are the obstacles faced by law enforcement officers in tackling the crime of trafficking in persons (human trafficking). Research is the most important part of the whole series of activities for writing a scientific paper, because to answer the main research problems, the object of the problem described in the formulation of the problem will be answered. The research location is a place or area where the research will be carried out. The location of this research is located at the Lubuk Pakam State Court Class IA Jl. General Sudirman No. 58 Lubuk Pakam, Postal Code: 20512, Tel/Fax: (061) 7955861, North Sumatra. In the application of the legal system that regulates the occurrence of the criminal act of trafficking in persons, it has been very widespread which has been organized both on a national and international scale.
人口贩运是一种社会地位的象征,拥有高社会地位(经济和政治权力)的人可以确保拥有奴隶。每个拥有奴隶的人都会被认为是社会地位高的人,所以对于社会地位高的人来说,这已经成为一件司空见惯的事情。在这个问题上,研究人员断言,人口贩运的法律问题和目的如下:管理人口贩运罪行(人口贩运)发生的法律制度如何适用?如何分析贩卖案件判决中的法官判决(第801/Pid号贩卖人口案)?Sus/2020/PN Lbp;执法人员在打击贩运人口犯罪(人口贩运)方面面临哪些障碍?研究是撰写科学论文的整个系列活动中最重要的一部分,因为要回答主要的研究问题,问题的对象在问题的表述中就会得到回答。研究地点是将进行研究的地方或地区。本研究的地点位于Lubuk Pakam州法院IA类Jl。苏迪曼将军58号,邮编:20512,电话/传真:(061)7955861,北苏门答腊。在适用管制人口贩运犯罪行为发生的法律制度方面,这种情况非常普遍,在国家和国际范围内都有组织。
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引用次数: 0
EUTHANASIA REVIEW FROM APPLICABLE CRIMINAL LAW IN INDONESIA (Case Study Medan District Court) 从印尼适用刑法看安乐死(以棉兰地方法院为例)
Pub Date : 2022-07-31 DOI: 10.58471/justi.v13i1.368
Mega, Nelvitia Purba
Apart from technological advances that have many positive effects, it's just that for some people think that these advances have negative effects as well. The negative influence in question is the human thought of a death. The negative influence of technological advances in health science causes the family of a patient or the patient himself to apply to medical personnel or doctors to hasten the death of a patient in order to relieve pain so that the patient can rest in peace and this is what we call euthanasia. In line with the title of this research, namely "Euthanasia Judging from the Criminal Law Applicable in Indonesia". The problems that will be discussed in this research are How is the application of the law related to euthanasia in the perspective of criminal law? What are the factors that cause someone to apply for euthanasia? What is the medical legal responsibility regarding medical officers (doctors) who perform euthanasia? This research approach uses normative juridical law research methods. This study uses primary data and tertiary data and data analysis in this study uses qualitative analysis. This study shows that the legal basis used for regulating euthanasia in positive law in Indonesia is Article 344 of the Criminal Code, and the factors that apply to euthanasia are generally severe illness with low life expectancy, frustration factors and economic or financial factors.
除了技术进步有许多积极影响外,有些人认为这些进步也有负面影响。这里所说的负面影响是人类对死亡的思考。健康科学技术进步的负面影响导致病人的家属或病人自己向医务人员或医生申请加速病人的死亡,以减轻痛苦,使病人可以安息,这就是我们所说的安乐死。符合本研究的题目,即“从印尼刑法适用情况看安乐死”。本研究将讨论的问题是:在刑法的视角下,与安乐死相关的法律如何适用?是什么因素导致人们申请安乐死?实施安乐死的医务人员(医生)的医疗法律责任是什么?本研究方法采用规范的司法法学研究方法。本研究采用一手数据和三级数据,本研究的数据分析采用定性分析。本研究表明,印度尼西亚实在法中规范安乐死的法律依据是刑法第344条,适用于安乐死的因素一般是预期寿命较低的严重疾病、挫折因素和经济或金融因素。
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引用次数: 0
JURIDICAL ANALYSIS OF THE SUPREME COURT REGULATION NUMBER 5 YEAR 2019 ARTICLE 8 CONCERNING APPLICATIONS AND CASE EXAMINATION IN MARRIAGE DISPENSATION REVIEWING FROM SIMPLE, QUICK AND LOW COST PRINCIPLES 最高法院2019年第5号令第8条关于婚姻豁免申请与案件审查的司法分析——以简单、快捷、低成本为原则进行审查
Pub Date : 2022-07-17 DOI: 10.58471/justi.v13i1.303
Fox Justi, Cut Auliani, Nelvitia Purba
Marriage dispensation is the granting of a marriage permit by the court to a prospective husband or wife who is not yet old enough to marry. The age limit for marriage in Indonesia was originally regulated in Law No. 1 of 1974, namely if the man was 19 years old and the woman was 16 years old. The age limit for marriage in Indonesia is set so that it can regulate and guarantee the interests of the community in accordance with the culture of the community.The formulation of the problem in this paper are: 1) how is the application of the law, the factors constraining the abuse of underage marriage. 2) how to review the principle of fast, simple, and low cost of the Supreme Court Regulation No. 5 of 2019 Article 8 concerning the Application for Marriage DispensationThis legal research method is normative juridical, namely research to be carried out to obtain materials in the form of theories, concepts, legal principles and legal regulations related to the subject matter. men and women must have maturity both physically and mentally and physically if they want to get married so that when they get married they can build a good marriage without divorce. are not old enough, they must apply for a marriage dispensation and must be with the approval of the two prospective brides and also the parents of the bride and groom who are not old enough. This is in line with Law no.1 of 1974 and has been updated to become Law N0.16 of 2019.
婚姻豁免是指法院向尚未达到结婚年龄的准丈夫或准妻子颁发结婚许可证。印度尼西亚的结婚年龄限制最初由1974年第1号法律规定,即男子必须年满19岁,女子必须年满16岁。印度尼西亚的结婚年龄限制是为了根据社区的文化来规范和保障社区的利益。本文提出的问题有:1)法律是如何适用的,制约未成年人婚姻滥用的因素是什么。2)如何审查2019年最高法院第5号令第八条关于申请婚姻豁免的快速、简单、低成本原则这种法律研究方法是规范司法,即以与主题相关的理论、概念、法理和法律法规的形式进行研究,以获取材料。男人和女人如果想结婚,必须在身体上、精神上和身体上都成熟,这样当他们结婚时,他们才能建立一个美好的婚姻而不离婚。年龄不足的,必须申请结婚豁免,并且必须得到两个准新娘和年龄不足的新娘和新郎的父母的同意。这是符合第1号法律的。第1号法律,并已更新为2019年第16号法律。
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Fox Justi : Jurnal Ilmu Hukum
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