Pub Date : 2023-09-30DOI: 10.18196/jphk.v4i2.18206
M. Hendri Agustiawan, Pujiyono Pujiyono, Umi Rozah
Due to recent discoveries and technological advancements in neuroscience, we can gain a deeper understanding of the human brain that significantly impact juvenile criminal law, particularly concerning children's behavior and ability to regulate impulsive behavior. This study aims to analyze the current age of criminal responsibility in the Indonesian legal system using a neurolaw perspective that considers cognitive neuroscience and legal theory. The research utilizes normative legal research methodology with a statute approach and a neuroscience approach. The data obtained from literature research is then analyzed conceptually. The study results indicate that the age of criminal responsibility for children in Indonesia is 12 years; however, it has not yet reached 18 years. According to the neurolaw perspective, brain development within this age range is not fully matured and continues to undergo behavioral changes. This research implies the urgency of revising regulations regarding the age of criminal responsibility for children in Indonesia, considering the discoveries in neuroscience. Using a neurolaw perspective can encourage changes in legal policies that pay more attention to neurological factors in assessing juvenile criminal responsibility. As far as the law governs human behavior, the brain plays a crucial role in controlling that behavior. Therefore, a better understanding of the brain will lead to better and fairer laws.
{"title":"Usia Pertanggungjawaban Pidana Anak dalam Perspektif Neurolaw","authors":"M. Hendri Agustiawan, Pujiyono Pujiyono, Umi Rozah","doi":"10.18196/jphk.v4i2.18206","DOIUrl":"https://doi.org/10.18196/jphk.v4i2.18206","url":null,"abstract":"Due to recent discoveries and technological advancements in neuroscience, we can gain a deeper understanding of the human brain that significantly impact juvenile criminal law, particularly concerning children's behavior and ability to regulate impulsive behavior. This study aims to analyze the current age of criminal responsibility in the Indonesian legal system using a neurolaw perspective that considers cognitive neuroscience and legal theory. The research utilizes normative legal research methodology with a statute approach and a neuroscience approach. The data obtained from literature research is then analyzed conceptually. The study results indicate that the age of criminal responsibility for children in Indonesia is 12 years; however, it has not yet reached 18 years. According to the neurolaw perspective, brain development within this age range is not fully matured and continues to undergo behavioral changes. This research implies the urgency of revising regulations regarding the age of criminal responsibility for children in Indonesia, considering the discoveries in neuroscience. Using a neurolaw perspective can encourage changes in legal policies that pay more attention to neurological factors in assessing juvenile criminal responsibility. As far as the law governs human behavior, the brain plays a crucial role in controlling that behavior. Therefore, a better understanding of the brain will lead to better and fairer laws.","PeriodicalId":499187,"journal":{"name":"Jurnal Penegakan Hukum dan Keadilan","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135083267","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 : 2023-09-30DOI: 10.18196/jphk.v4i2.18091
Andika Dwi Amrianto, Maria Kunti Atika Putri, Ahmad Yusup, I Putu Aditya Darma Putra
The practice of prostitution, which grew rapidly and massively through electronic means of information dissemination, impacted various groups. The worst impact of the massive practice of prostitution was the spread of sexually transmitted diseases, which adversely affect the health of both individuals directly involved in prostitution and those whose partners engage in such activities. This study aims to find out the regulation of prostitution within the current Indonesian criminal law and to provide an overview for legislators in the formation of prostitution regulations in the future. Furthermore, it needs to elucidate the reasons behind the necessity of regulating prostitution in Indonesia. The research method employed was legal research of a normative type. This research using secondary data obtained through library research and studies of laws and regulations. The analytical method used in this study was a prescriptive analytical technique. The results of this study revealed that currently there were no regulations governing the practice of prostitution in Indonesia rigidly and clearly. Therefore, it is necessary to criminalize and reformulate the offense of prostitution in Indonesian Criminal Law to avoid the effects arising from the act of prostitution that cause potential victims due to the spread of sexually transmitted diseases.
{"title":"Kriminalisasi dan Reformulasi Perbuatan Prostitusi dalam Hukum Pidana: Catatan Kritis atas Minimnya Pengaturan Perbuatan Prostitusi Di Indonesia","authors":"Andika Dwi Amrianto, Maria Kunti Atika Putri, Ahmad Yusup, I Putu Aditya Darma Putra","doi":"10.18196/jphk.v4i2.18091","DOIUrl":"https://doi.org/10.18196/jphk.v4i2.18091","url":null,"abstract":"The practice of prostitution, which grew rapidly and massively through electronic means of information dissemination, impacted various groups. The worst impact of the massive practice of prostitution was the spread of sexually transmitted diseases, which adversely affect the health of both individuals directly involved in prostitution and those whose partners engage in such activities. This study aims to find out the regulation of prostitution within the current Indonesian criminal law and to provide an overview for legislators in the formation of prostitution regulations in the future. Furthermore, it needs to elucidate the reasons behind the necessity of regulating prostitution in Indonesia. The research method employed was legal research of a normative type. This research using secondary data obtained through library research and studies of laws and regulations. The analytical method used in this study was a prescriptive analytical technique. The results of this study revealed that currently there were no regulations governing the practice of prostitution in Indonesia rigidly and clearly. Therefore, it is necessary to criminalize and reformulate the offense of prostitution in Indonesian Criminal Law to avoid the effects arising from the act of prostitution that cause potential victims due to the spread of sexually transmitted diseases.","PeriodicalId":499187,"journal":{"name":"Jurnal Penegakan Hukum dan Keadilan","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135083098","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 : 2023-09-30DOI: 10.18196/jphk.v4i2.17949
Mohammad Hanaan Alfarizi, Kirthie Rubini Morgan, Manuel Campos Lago
FIFA World Cup Largest Event, held in Qatar in 2022, is considered to have violated the human rights of many migrant workers, most of whom come from South Asia. As many as 6500 workers died because of the lack of security and supplies for workers. The Kafala Sponsorship System is also considered a source of problems. This research aims to determine who should be responsible for this case and what should be done. The research method used was normative juridical using various secondary sources such as books, journals and legislation. FIFA and Qatar are the ones who should be held responsible for this case because they pay little attention to the condition of migrant workers. In this case, FIFA and Qatar must immediately carry out investigative efforts and preventative measures.
{"title":"Human Rights Abused in Qatar: FIFA Puts World Cup More Than Lives?","authors":"Mohammad Hanaan Alfarizi, Kirthie Rubini Morgan, Manuel Campos Lago","doi":"10.18196/jphk.v4i2.17949","DOIUrl":"https://doi.org/10.18196/jphk.v4i2.17949","url":null,"abstract":"FIFA World Cup Largest Event, held in Qatar in 2022, is considered to have violated the human rights of many migrant workers, most of whom come from South Asia. As many as 6500 workers died because of the lack of security and supplies for workers. The Kafala Sponsorship System is also considered a source of problems. This research aims to determine who should be responsible for this case and what should be done. The research method used was normative juridical using various secondary sources such as books, journals and legislation. FIFA and Qatar are the ones who should be held responsible for this case because they pay little attention to the condition of migrant workers. In this case, FIFA and Qatar must immediately carry out investigative efforts and preventative measures.","PeriodicalId":499187,"journal":{"name":"Jurnal Penegakan Hukum dan Keadilan","volume":"49 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135083100","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 : 2023-09-30DOI: 10.18196/jphk.v4i2.18106
Arief Budiono, Septyan Wijayanti Kusuma Wardani, Abdullah Al Mamun, Yogi Prasetyo
Every citizen, including mental hospital patients, has the right to legal protection, as they are vulnerable to experiencing acts of violence by medical personnel. This study aims to analyze the legal protection for people with mental health conditions who once experienced acts of violence committed by medical personnel. This study used sociological research methods with a descriptive qualitative research approach. This study used primary and secondary sources of data. The authors collected data through observation and interviews. The data in this research were analyzed and then described as narrative texts. The results showed that people with mental health conditions could obtain legal protection from acts of violence committed by medical personnel if they truly experienced bad treatment. It ensures that people with mental health conditions obtain their rights as citizens to be equally treated before the law. In undergoing their tasks, medical personnel must follow the SOP (Standard Operating Procedures), which includes prioritizing patient safety and comfort to keep patients from rebelling when their illnesses recur.
{"title":"Legal Protection of Mental Hospital Patients Who Experienced Acts of Violence Committed by Medical Personnel (A Study at Dr. Arif Zainudin Regional Mental Hospital Surakarta, Indonesia)","authors":"Arief Budiono, Septyan Wijayanti Kusuma Wardani, Abdullah Al Mamun, Yogi Prasetyo","doi":"10.18196/jphk.v4i2.18106","DOIUrl":"https://doi.org/10.18196/jphk.v4i2.18106","url":null,"abstract":"Every citizen, including mental hospital patients, has the right to legal protection, as they are vulnerable to experiencing acts of violence by medical personnel. This study aims to analyze the legal protection for people with mental health conditions who once experienced acts of violence committed by medical personnel. This study used sociological research methods with a descriptive qualitative research approach. This study used primary and secondary sources of data. The authors collected data through observation and interviews. The data in this research were analyzed and then described as narrative texts. The results showed that people with mental health conditions could obtain legal protection from acts of violence committed by medical personnel if they truly experienced bad treatment. It ensures that people with mental health conditions obtain their rights as citizens to be equally treated before the law. In undergoing their tasks, medical personnel must follow the SOP (Standard Operating Procedures), which includes prioritizing patient safety and comfort to keep patients from rebelling when their illnesses recur.","PeriodicalId":499187,"journal":{"name":"Jurnal Penegakan Hukum dan Keadilan","volume":"68 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135083103","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}
The 1945 Constitution of the Republic of Indonesia outlines the impeachment mechanism. This Constitution outlines that the procedure for impeaching the president and vice president must be mandated by the People's Representative Council (DPR) to the People's Consultative Assembly (MPR). It is important to acknowledge that the current impeachment process upholds the principle of checks and balances of direct presidential elections. The impeachment decision of the current president and vice president cannot strengthen the rule of law when the Constitutional Court (MK) determines that the president or vice president has violated the Constitution. This research aimed to find out the impeachment mechanism outlined in the 1945 Constitution with the principle of the supremacy of constitutional law. This research included a qualitative method by focusing on the problematic effectiveness of the 1945 Constitution on the check and balance mechanism and the impeachment of the president and vice president from the constitutional law perspective. The check and balance mechanism aims to create a democratic government. Check and balance is a principle controlling and maintaining state institutions' balance. The results revealed that the 1945 Constitution's mechanism for impeaching the president or vice president was relatively ineffective because the rule of law and the constitutional judicial mechanism were still handled by the political mechanism. Consequently, the check and balance mechanism did not occur in this process. The characteristic of impeachment as a control causes impeachment cannot to be implemented following the rule of law, which was an indicator that the check and balance mechanism had been unbalanced by the Constitutional Court's decision, which was used to create a legal mechanism that was not explicit and binding on the MPR and the 1945 Constitution.
{"title":"Efektivitas Undang-Undang Dasar Tahun 1945 terhadap Mekanisme Checks and Balances dan Pemakzulan Presiden atau Wakil Presiden dalam Perspektif Hukum Tata Negara","authors":"Fitri Ayuningtiyas, Aynul Khusnah, Adelia Wahyuningtyas","doi":"10.18196/jphk.v4i2.17556","DOIUrl":"https://doi.org/10.18196/jphk.v4i2.17556","url":null,"abstract":"The 1945 Constitution of the Republic of Indonesia outlines the impeachment mechanism. This Constitution outlines that the procedure for impeaching the president and vice president must be mandated by the People's Representative Council (DPR) to the People's Consultative Assembly (MPR). It is important to acknowledge that the current impeachment process upholds the principle of checks and balances of direct presidential elections. The impeachment decision of the current president and vice president cannot strengthen the rule of law when the Constitutional Court (MK) determines that the president or vice president has violated the Constitution. This research aimed to find out the impeachment mechanism outlined in the 1945 Constitution with the principle of the supremacy of constitutional law. This research included a qualitative method by focusing on the problematic effectiveness of the 1945 Constitution on the check and balance mechanism and the impeachment of the president and vice president from the constitutional law perspective. The check and balance mechanism aims to create a democratic government. Check and balance is a principle controlling and maintaining state institutions' balance. The results revealed that the 1945 Constitution's mechanism for impeaching the president or vice president was relatively ineffective because the rule of law and the constitutional judicial mechanism were still handled by the political mechanism. Consequently, the check and balance mechanism did not occur in this process. The characteristic of impeachment as a control causes impeachment cannot to be implemented following the rule of law, which was an indicator that the check and balance mechanism had been unbalanced by the Constitutional Court's decision, which was used to create a legal mechanism that was not explicit and binding on the MPR and the 1945 Constitution.","PeriodicalId":499187,"journal":{"name":"Jurnal Penegakan Hukum dan Keadilan","volume":"63 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135083288","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}
Binary options are increasingly familiar to the public with online promotions on various social media by Indra Kenz. The link between binary options affiliation and money laundering crimes is that the money generated from promoting binary options is illegal because regulations stipulate that binary options are illegal investments. The research aims to identify predicate crimes related to binary options affiliates in action money laundering crimes. The research is normative juridical with a statute approach. The data used were primary, tertiary secondary. At the same time, data processing was obtained through data selection, classification, and systematization. The data processed was analyzed qualitatively, and conclusions were drawn using inductive methods. Based on the research and discussion results, binary options affiliation could be charged with the predicate crime of fraud as stipulated in Article 378 of the Criminal Code and Article 45A Paragraph (1) Juncto. Article 28 Paragraph (1) Law Number 19 of 2016 concerning ITE. Likewise, with gambling Article 303 Paragraph (1) of the Criminal Code. The results of playing binary options include criminal acts of money laundering due to gambling and fraud, so the origin of money or assets must be hidden first to look legal. The authors suggest that more detailed arrangements are needed to ensnare binary options affiliates. The arrangements can be learned from the modus operandi and approaches regarding affiliates and binary options.
{"title":"Identification of Predicate Crimes Related to Binary Options Affiliates Money Laundering Crime","authors":"Maya Shafira, Dava Prawira Wibowo, Budi Rizki Husin, Rinaldy Amrullah, Fristia Berdian Tamza","doi":"10.18196/jphk.v4i2.18013","DOIUrl":"https://doi.org/10.18196/jphk.v4i2.18013","url":null,"abstract":"Binary options are increasingly familiar to the public with online promotions on various social media by Indra Kenz. The link between binary options affiliation and money laundering crimes is that the money generated from promoting binary options is illegal because regulations stipulate that binary options are illegal investments. The research aims to identify predicate crimes related to binary options affiliates in action money laundering crimes. The research is normative juridical with a statute approach. The data used were primary, tertiary secondary. At the same time, data processing was obtained through data selection, classification, and systematization. The data processed was analyzed qualitatively, and conclusions were drawn using inductive methods. Based on the research and discussion results, binary options affiliation could be charged with the predicate crime of fraud as stipulated in Article 378 of the Criminal Code and Article 45A Paragraph (1) Juncto. Article 28 Paragraph (1) Law Number 19 of 2016 concerning ITE. Likewise, with gambling Article 303 Paragraph (1) of the Criminal Code. The results of playing binary options include criminal acts of money laundering due to gambling and fraud, so the origin of money or assets must be hidden first to look legal. The authors suggest that more detailed arrangements are needed to ensnare binary options affiliates. The arrangements can be learned from the modus operandi and approaches regarding affiliates and binary options.","PeriodicalId":499187,"journal":{"name":"Jurnal Penegakan Hukum dan Keadilan","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134969842","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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