{"title":"Pelindungan Hukum Atas Potensi Indikasi Geografis Di Kabupaten Tapanuli Utara","authors":"","doi":"10.55357/is.v2i3.189","DOIUrl":"https://doi.org/10.55357/is.v2i3.189","url":null,"abstract":"","PeriodicalId":437261,"journal":{"name":"Iuris Studia: Jurnal Kajian Hukum","volume":"43 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133573588","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}
{"title":"Analisis Hukum Terhadap Urgensi Pendaftaran Merek Bagi Pelaku Usaha Mikro, Kecil, Dan Menengah (UMKM) (STUDI PUTUSAN NOMOR 646 K/Pst.Sus-HKI/2021)","authors":"","doi":"10.55357/is.v2i3.186","DOIUrl":"https://doi.org/10.55357/is.v2i3.186","url":null,"abstract":"","PeriodicalId":437261,"journal":{"name":"Iuris Studia: Jurnal Kajian Hukum","volume":"85 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116935898","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}
In the preamble to letter c of Law Number 35 of 2009 concerning Narcotics, it is stated that narcotics on the one hand are drugs or substances that are useful in the field of medicine or health services and development of science and on the other hand can also cause dependency which is very detrimental if misused or used without control. And close and careful supervision. In Law No.35 of 2009 on Narcotics, there are several articles that use the death penalty, including: Article 113 paragraph (2), Article 114 paragraph (2), Article 116 paragraph (2), Article 118 paragraph (2), Article 119 paragraph (2), Article 121 paragraph (2), Article 133 paragraph (2) of Law No.35 of 2009 on Narcotics, states that perpetrators of criminal acts can be sentenced to death or imprisonment. This research includes normative legal research. Data analysis data processing basically depends on the type of data, for normative legal research that only recognizes secondary data, which consists of primary, secondary and tertiary legal materials. The secondary data includes research on positive legal inventories, legal principles, clinical legal research, systematics of statutory regulations, court decisions, legal history and comparative law. The defendant charged with the Primair indictment is Article 114 paragraph (2) in conjunction with Article 132 paragraph (1) of Law No. 35 of 2009, while the Subsidiary indictment is Article 112 paragraph (2) in conjunction with Article 132 paragraph (1) of Law No. 35 of 2009 concerning Narcotics, however the Judge’s Verdict is a subsidies charge with the death penalty, whereas the Article in the Subsidair Indictment has a maximum sentence of 20 (twenty) years in prison. The Panel of Judges can be deemed incompetent in carrying out their duties, because they ignore the value of legal certainty in their decisions, so that what arises is injustice for both the perpetrator and the community, besides that in accordance with the provisions of Article 197 paragraph (2) of the Criminal Procedure Code, the decision is declared null and void because it is not in accordance with the content of Article 197 paragraph (1) letter c of the Criminal Procedure Code and the Decision of the Supreme Court of the Republic of Indonesia number: 321 K / Pid / 1983 dated 26 May 1984 and the Decision of the Supreme Court of the Republic of Indonesia Number 694 K / Pid / 1984 dated 15 May 1994 resulted in the decision null and void.
在关于麻醉品的2009年第35号法律c字母的序言中指出，麻醉品一方面是在医学或保健服务和科学发展领域有用的药物或物质，另一方面也可能导致依赖，如果滥用或不加控制地使用，这种依赖是非常有害的。密切和仔细的监督。《2009年第35号麻醉品法》中有几条使用死刑，包括:《2009年第35号麻醉品法》第113条第(2)款、第114条第(2)款、第116条第(2)款、第118条第(2)款、第119条第(2)款、第121条第(2)款、第133条第(2)款规定，犯罪行为人可被判处死刑或监禁。本研究包括规范性法律研究。数据分析数据处理基本上取决于数据的类型，对于规范性法律研究来说，它只承认二级数据，由一级、二级和三级法律材料组成。二手资料包括对实证法律清单、法律原则、临床法律研究、成文法系统、法院判决、法律史和比较法的研究。主要起诉书中的被告是根据《2009年第35号法》第114条第2款和第132条第1款起诉的，而附属起诉书是根据《2009年关于麻醉品的第35号法》第112条第2款和第132条第1款起诉的，但法官的判决是一项补贴指控，可判处死刑，而附属起诉书中的被告最高可判处20年监禁。法官小组在履行其职责时可被认为是无能的，因为他们在其决定中忽视了法律确定性的价值，因此所产生的是对犯罪者和社区的不公正，此外，根据《刑事诉讼法》第197条第(2)款的规定，决定宣告无效,因为它不是按照第197条的内容段落(1)字母c的刑事诉讼程序代码和最高法院的决定的印度尼西亚共和国号码:321 K / Pid / 1983日期为1984年5月26日,最高法院的决定数量印度尼西亚共和国694 K / Pid / 1984日期为1994年5月15日导致的决定无效。
{"title":"Analisis Ratio Decidendi Penjatuhan Pidana Mati Terhadap Pelaku Tindak Pidana Narkotika Yang Rumusan Pasalnya Tidak Ada Ancaman Pidana Mati (Studi Putusan No. 241/Pid.Sus/2019/Pn.Tjb)","authors":"","doi":"10.55357/is.v2i3.155","DOIUrl":"https://doi.org/10.55357/is.v2i3.155","url":null,"abstract":"In the preamble to letter c of Law Number 35 of 2009 concerning Narcotics, it is stated that narcotics on the one hand are drugs or substances that are useful in the field of medicine or health services and development of science and on the other hand can also cause dependency which is very detrimental if misused or used without control. And close and careful supervision. In Law No.35 of 2009 on Narcotics, there are several articles that use the death penalty, including: Article 113 paragraph (2), Article 114 paragraph (2), Article 116 paragraph (2), Article 118 paragraph (2), Article 119 paragraph (2), Article 121 paragraph (2), Article 133 paragraph (2) of Law No.35 of 2009 on Narcotics, states that perpetrators of criminal acts can be sentenced to death or imprisonment. This research includes normative legal research. Data analysis data processing basically depends on the type of data, for normative legal research that only recognizes secondary data, which consists of primary, secondary and tertiary legal materials. The secondary data includes research on positive legal inventories, legal principles, clinical legal research, systematics of statutory regulations, court decisions, legal history and comparative law. The defendant charged with the Primair indictment is Article 114 paragraph (2) in conjunction with Article 132 paragraph (1) of Law No. 35 of 2009, while the Subsidiary indictment is Article 112 paragraph (2) in conjunction with Article 132 paragraph (1) of Law No. 35 of 2009 concerning Narcotics, however the Judge’s Verdict is a subsidies charge with the death penalty, whereas the Article in the Subsidair Indictment has a maximum sentence of 20 (twenty) years in prison. The Panel of Judges can be deemed incompetent in carrying out their duties, because they ignore the value of legal certainty in their decisions, so that what arises is injustice for both the perpetrator and the community, besides that in accordance with the provisions of Article 197 paragraph (2) of the Criminal Procedure Code, the decision is declared null and void because it is not in accordance with the content of Article 197 paragraph (1) letter c of the Criminal Procedure Code and the Decision of the Supreme Court of the Republic of Indonesia number: 321 K / Pid / 1983 dated 26 May 1984 and the Decision of the Supreme Court of the Republic of Indonesia Number 694 K / Pid / 1984 dated 15 May 1994 resulted in the decision null and void.","PeriodicalId":437261,"journal":{"name":"Iuris Studia: Jurnal Kajian Hukum","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127826265","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}
{"title":"Peran Akuntan Publik Terhadap Praktek Pelanggaran Prinsip Keterbukaan Yang Berindikasi Pernyataan Menyesatkan (Misleading Statement) Dalam Praktek Di Pasar Modal","authors":"","doi":"10.55357/is.v2i3.178","DOIUrl":"https://doi.org/10.55357/is.v2i3.178","url":null,"abstract":"","PeriodicalId":437261,"journal":{"name":"Iuris Studia: Jurnal Kajian Hukum","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115274837","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}
{"title":"Pendekatan Restoratif Sebagai Alternatif Sanksi Pidana Dalam Kejahatan Korporasi","authors":"","doi":"10.55357/is.v2i3.195","DOIUrl":"https://doi.org/10.55357/is.v2i3.195","url":null,"abstract":"","PeriodicalId":437261,"journal":{"name":"Iuris Studia: Jurnal Kajian Hukum","volume":"102 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122434295","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}
Indonesia is located in a natural disaster prone location where various types of natural disasters, including earthquakes and tsunamis, volcanoes, floods, landslides, droughts, forest and land fires, and other natural disasters still occur very frequently. Post natural disaster events also have a systemic impact on land issues, especially for areas that are most severely affected by natural disasters, where one of the impacts is the loss of land boundaries caused by changes in land surface due to natural disasters, mainly caused by the earthquake and tsunami. The problems raised in this study, namely how the rule of law against community land rights after the Mt. Sinabung eruption natural disaster, the position and status of community property rights after the Mt. Sinabung eruption natural disasters and legal protection of community land ownership after the eruption. Mount Sinabung. To find answers to these problems, this research uses descriptive analytical normative legal research, where this normative legal research uses secondary data as primary data and also uses primary data as complementary data using data collection techniques carried out by means of literature study, as well as Qualitative data analysis. The rule of law for community property rights after the natural disaster of the Mt. Sinabung eruption is broadly regulated in Article 27 of Law Number 5 of 1960 Concerning Basic Agrarian Regulations which states that one of the causes of the abolition of ownership rights is because the land was destroyed, however, this provision does not automatically mean that the community's community-owned land can be abolished. There are a number of activities that must be carried out until the community's community-owned land is removed. The position and status of community property rights after the natural disaster of the Mt. Sinabung eruption, which basically remains the property of victims of natural disasters and victims of disasters do not lose their property rights before the disaster belongs to disaster victims. The state cannot directly control the ex-disaster land even though the land owner has died. Land ownership should still be returned to the community, especially for areas that are still inhabited by indigenous peoples. Legal protection of community land rights after the occurrence of natural disaster of the Mt. Sinabung eruption is through legal protection of individual ownership holders and protection through land consolidation and relocation activities.
{"title":"Perlindungan Hukum Terhadap Tanah Hak Milik Masyarakat Pasca Bencana Alam Erupsi Gunung Sinabung","authors":"Sinabung, Fitriani, Masitah Pohan, Ida Nadirah","doi":"10.55357/is.v2i3.162","DOIUrl":"https://doi.org/10.55357/is.v2i3.162","url":null,"abstract":"Indonesia is located in a natural disaster prone location where various types of natural disasters, including earthquakes and tsunamis, volcanoes, floods, landslides, droughts, forest and land fires, and other natural disasters still occur very frequently. Post natural disaster events also have a systemic impact on land issues, especially for areas that are most severely affected by natural disasters, where one of the impacts is the loss of land boundaries caused by changes in land surface due to natural disasters, mainly caused by the earthquake and tsunami. The problems raised in this study, namely how the rule of law against community land rights after the Mt. Sinabung eruption natural disaster, the position and status of community property rights after the Mt. Sinabung eruption natural disasters and legal protection of community land ownership after the eruption. Mount Sinabung. To find answers to these problems, this research uses descriptive analytical normative legal research, where this normative legal research uses secondary data as primary data and also uses primary data as complementary data using data collection techniques carried out by means of literature study, as well as Qualitative data analysis. The rule of law for community property rights after the natural disaster of the Mt. Sinabung eruption is broadly regulated in Article 27 of Law Number 5 of 1960 Concerning Basic Agrarian Regulations which states that one of the causes of the abolition of ownership rights is because the land was destroyed, however, this provision does not automatically mean that the community's community-owned land can be abolished. There are a number of activities that must be carried out until the community's community-owned land is removed. The position and status of community property rights after the natural disaster of the Mt. Sinabung eruption, which basically remains the property of victims of natural disasters and victims of disasters do not lose their property rights before the disaster belongs to disaster victims. The state cannot directly control the ex-disaster land even though the land owner has died. Land ownership should still be returned to the community, especially for areas that are still inhabited by indigenous peoples. Legal protection of community land rights after the occurrence of natural disaster of the Mt. Sinabung eruption is through legal protection of individual ownership holders and protection through land consolidation and relocation activities.","PeriodicalId":437261,"journal":{"name":"Iuris Studia: Jurnal Kajian Hukum","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124896954","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}
{"title":"Sinergisitas Hukum Peran Dinas Syariat Islam Dan Kepolisian Kota Langsa Dalam Pemberantasan Maisir","authors":"","doi":"10.55357/is.v2i3.194","DOIUrl":"https://doi.org/10.55357/is.v2i3.194","url":null,"abstract":"","PeriodicalId":437261,"journal":{"name":"Iuris Studia: Jurnal Kajian Hukum","volume":"87 3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127411735","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}
Bantuan Hukum Timbal, Balik Dalam Perampasan, Aset Korupsi, Antar Lintas, Batas Negara, Bisdan Sigalingging, pemindahan terhukum, pengalihan proses pidana
NCB Abstract Corruption assets are not only stored in the country, but can also cross borders between countries. Mutual legal assistance in criminal law is an important aspect in eradicating corruption, especially for asset confiscation. This normative research discusses the problem, namely how to tackle corruption in Indonesia through increasing mutual legal assistance cooperation between countries. It was concluded that the 2003 UNCAC Convention and Law Number 1 of 2006 concerning Mutual Legal Aid in Criminal Matters were very effective in overcoming corruption through increasing cooperation in mutual legal assistance, to pursue stolen assets and money that were abroad. Law enforcement officers will easily find out the destination country and the place where money flows or criminal assets are stored. It is hoped that through MLA cooperation, law enforcement officers can easily confiscate assets through NCB Assets Forfeiture or civil forfeiture instruments, including for the transfer of the convicted person, transfer of criminal proceedings, law enforcement cooperation, joint investigations, and special investigation techniques.
{"title":"Bantuan Hukum Timbal Balik Dalam Perampasan Aset Korupsi Antar Lintas Batas Negara","authors":"Bantuan Hukum Timbal, Balik Dalam Perampasan, Aset Korupsi, Antar Lintas, Batas Negara, Bisdan Sigalingging, pemindahan terhukum, pengalihan proses pidana","doi":"10.55357/is.v2i3.152","DOIUrl":"https://doi.org/10.55357/is.v2i3.152","url":null,"abstract":"NCB Abstract Corruption assets are not only stored in the country, but can also cross borders between countries. Mutual legal assistance in criminal law is an important aspect in eradicating corruption, especially for asset confiscation. This normative research discusses the problem, namely how to tackle corruption in Indonesia through increasing mutual legal assistance cooperation between countries. It was concluded that the 2003 UNCAC Convention and Law Number 1 of 2006 concerning Mutual Legal Aid in Criminal Matters were very effective in overcoming corruption through increasing cooperation in mutual legal assistance, to pursue stolen assets and money that were abroad. Law enforcement officers will easily find out the destination country and the place where money flows or criminal assets are stored. It is hoped that through MLA cooperation, law enforcement officers can easily confiscate assets through NCB Assets Forfeiture or civil forfeiture instruments, including for the transfer of the convicted person, transfer of criminal proceedings, law enforcement cooperation, joint investigations, and special investigation techniques.","PeriodicalId":437261,"journal":{"name":"Iuris Studia: Jurnal Kajian Hukum","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126094324","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}
{"title":"Analisis Yuridis Surat Pernyataan Penguasaan Fisik Bidang Tanah (Sporadik) Atas Pemberian Tanah Secara Panjaean Pada Masyarakat Batak Toba (Studi di Desa Sibolahotang SAS dan Kantor Pertanahan Kabupaten Toba)","authors":"","doi":"10.55357/is.v2i3.184","DOIUrl":"https://doi.org/10.55357/is.v2i3.184","url":null,"abstract":"","PeriodicalId":437261,"journal":{"name":"Iuris Studia: Jurnal Kajian Hukum","volume":"108 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114374289","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}
{"title":"Akibat Hukum Perjanjian Restrukturisasi Kredit Mobil Pada Masa Covid 19 (Studi Pada PT. Adira Dinamika Multi Finance Tbk., Cabang Bengkulu 2 Car)","authors":"","doi":"10.55357/is.v2i3.175","DOIUrl":"https://doi.org/10.55357/is.v2i3.175","url":null,"abstract":"","PeriodicalId":437261,"journal":{"name":"Iuris Studia: Jurnal Kajian Hukum","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129925588","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}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：