Jurnal IUS (Kajian Hukum dan Keadilan)
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    421 research outputs found

    The Importance of Structuring Relationships Between Local Governments and Business Entities in The Perspective of State Administrative Law in Batam City, Riau Islands

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    This article explains the importance of structuring the relationship between local government and local business entities from the perspective of state administrative law in Batam City, Riau Archipelago. This study used a qualitative research method, in which several relevant sources obtained were analyzed using descriptive analysis to be able to explain and answer the research questions as a whole. The findings of this study indicate that the dynamics of the dualism of authority that occurs between the Batam City Government and the Batam Concession Agency have violated several principles of good governance, namely those relating to the principle of legal certainty, the principle of not mixing authority, and the principle of implementing the public interest. In the process, to overcome the dualism of authority that occurs, it is necessary to integrate the Free Trade Areas (FTA) of Batam, Bintan, and Karimun with the Free Port Concession Agency (FPCA) by placing the authority of the FPCA under the control of the Governor of the Riau Archipelago Province. Therefore, to adopt a better possibility of the findings of this study, it is very important to immediately amend Government Regulation Number 46 of 2007 concerning the Free Trade Zone and Free Harbor of Batam as amended several times, most recently by Government Regulation Number 62 of 2019 concerning the Second Amendment on Government Regulation Number 46 of 2007 concerning Free Trade Zones and Free Ports

    Effects of Legislation Overlapping Regarding Transnational Crime

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    Globalization has a dominant role in the trade of goods/services, people, technologies, and information. The globalization targets are cultural, economic, and political globalization. Unintentionally, problems arise in society, such as transnational rights issues (transnational crime) caused by globalization. The most common transnational crime is sexual exploitation, which occurs in both men and women. Therefore, regarding the handling of TIP in Indonesia, complementary and correlated regulations or legislation are needed to eradicate TIP. Considering that currently, there are regulations that overlap with each other. As happened in the criminal act of trafficking in persons and the law on the protection of Indonesian migrant workers, the two laws should synergize to prevent, handle, and eradicate TIP. Thus, law enforcers can also be maximal in carrying out their duties, especially in taking action against TIP perpetrators

    Maximum Limitation of Fines for Economic Crimes In Law Number 1 of 2023

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    Criminal law provisions in the colonial-era Criminal Code are no longer competent to uphold society’s sense of justice due to the emergence of more sophisticated crimes with a variety of modus operandi. By approving Law Number 1 of 2023 on the Criminal Code, the first steps toward reforming the criminal code were taken. One of the recently established law reforms has to do with the criminal justice system. In this study, the punishment scheme in Law Number 1 of 2023 will be identified and analyzed, as well as the effects of the law’s provision for maximum criminal sentences for economic offenses. This article’s study was conducted using a normative legal research methodology that included statutory, conceptual, and case-based approaches. The study’s findings demonstrate that Law Number 1 of 2023 offers minimal and maximum protections against criminal risks, among them economic crimes. If the loss resulting from the offense exceeds the maximum fine that may be imposed, this rule may result in unfairness, especially for the victim. Additionally, because judges are not allowed to impose sentences that exceed the predetermined guidelines, the maximum punishment cap may lessen the deterrent effect on criminals. 

    Legal Status of Accident Investigation Results of Space Activities in The Process of Enforcement of Space Law Enforcement in Indonesia: Between Procedural Justice and Substance Justice

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    Investigation findings and information obtained as a consequence of investigations cannot be treated as state secrets or utilized as evidence in court. This principle, which is followed by international aviation law, has generated controversy in Indonesian law enforcement practices, particularly when it comes to criminal and civil procedural laws, which acknowledge that the findings of investigations can serve as a foundation for further inquiries to identify suspects. The study’s findings revealed that, first, the ad hoc team’s philosophical investigation of space accidents within the framework of international law aims to determine the causes of spacecraft accidents to ensure that they don’t happen again in the future within the context of the main legal goal of benefit and justice for more people (the most people with the most happiness possible). While compensation claims are based on liability and without error (strict liability), police investigations as described in Articles 95 through 100 are intended to find criminal acts in space activities. There is no functional relationship between the two processes, so the findings of police or special team investigations cannot be used as the basis for carrying out legal actions. Given the obvious differences between the team’s investigation and the police’s investigation, there must be coordination between the technical team of the ministry and the police regarding the responsibilities and functions of these two institutions, each of which has a unique position and set of legal obligations. With this knowledge, it is believed that there won’t be any criminal prosecutions brought against the crews of spacecraft, similar to those brought against pilots in situations involving aviation accidents

    Single Executive in The Indonesian Presidential System

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    This article discusses a single executive in the Indonesian presidential system. A single executive is power as head of state and power as head of government depends, on one hand, on the President. However, the 1945 Constitution does not explicitly discuss the concept of a single executive, so information about this concept is not collected properly, so this article discusses in depth the concept of a single executive in the Indonesian presidential system based on the 1945 Constitution. This study uses normative legal methods. The finding indicated that the single executive in the Indonesian presidential system was based on the 1945 Constitution, which can be seen from the position of the president hold the inherent power of a head of state; the chief of the army, holds the pardon power, making government regulations and presidential regulations; appointing and dismissing ministers; holding the administrative power; and holding the diplomatic power

    Problems of Criminal Applications Law in The Life of Indonesian Communities and Cultures

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    Early January 2023, the President of the Republic of Indonesia ratified the R-KUHP to become Law Number 1 of 2023 concerning the Criminal Code. The new Criminal Code will be enforced in three years, with the agenda of socializing it to all law enforcement officials, and also to all Indonesian people. This study wants to explore the use of the Criminal Code with the various problems that accompany it, during an independent nation. The enactment of the Criminal Code raises its own problems for Indonesian religious people based on the first precepts of Pancasila and having an eastern culture. The method used in this research is doctrinal research or normative legal research and is supported by empirical legal research. The novelty of this study is an analysis of the problems with the application of the Criminal Code so far to strengthen the enforceability of the new Criminal Code which will be implemented in the next three years. Research results are, the problem with the application of the Criminal Code as a form of material criminal law has an impact on all aspects. First, the aspect of legal education where knowledge about criminal law reform is not beneficial due to the maintenance of the Criminal Code, from the judicial or law enforcement aspect, the Criminal Code also continues to be used and even becomes the basis for considering the general rules of Book I of the Criminal Code, as long as it is not regulated in laws and regulations outside the Criminal Code. The validity of the Criminal Code from the perspective of religious law and customary law has gaps that cause problems, such as the adultery article in the Criminal Code which has different meanings and principles from those stipulated in religious law and customary law. The principle of “no excuse”, which is implied in the Criminal Code, does not reflect the religious and cultural character of the Indonesian people by prioritizing the concept of forgiveness

    The Limitations of Living Law in Indonesian Criminal Law Reform: An Effort to Realize Justice

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    One of the important points of criminal law reform in the Criminal Code is the regulatory provision regarding living law. The Criminal Code authentically determines that living law is customary criminal law, which is declared valid and further regulated through Local Regulations. The absence of limitations related to customary criminal law standards that can be qualified as a living law has the potential to cause injustice. This study aims to analyze the urgency and the formulation of limitations on living law arrangements in the Criminal Code in realizing justice. The results of the study show that the urgency regarding limitations on living law arrangements in the Criminal Code is meant to protect human rights while at the same time preventing potential criminalization. The formulation of limitations of the living law arrangements in the Criminal Code is to realize justice. Therefore, the limitations of customary criminal law can be categorized as a living law according to the Criminal Code, that are: indigenous people still practice the law; these customary crimes do not conflict with the principles of the rule of law; they do not conflict with Pancasila values; and the crimes are further formulated by local regulations

    The Future of Sex Robots in Indonesia: Law, Science, And Technology

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    Sex robots are humanoid machines used to fulfill sexual desires of their users. Their presence has created debates around the world. Currently, sex robots are not sold freely in Indonesia. Although, the future of such an innovation has to be scrutinized through the Indonesian laws. From the proponent side, the existence of such robots has possibly several justifications: (1) their usage has no implications on other people other than their users; (2) the market is potentially high; and (3) the use of this object entails some psychological benefits for those in need of them. Conversely, the opposing group will potentially argue that this technology is not in line with the religious values, decency, and even the laws in Indonesia. We did not find any journals that had discussed sex robots, especially through a law, science and technology approach, so there is still a research gap. This article scrutinized sex robots through the law, science, and technology perspective in the context of Indonesia in order to bring up their impacts that may require legal involvement. In principle, the use of sex robots that are used individually does not mean that they cannot be prohibited, especially if they are against the law, violate moral values, and/or disrupt the public interests in Indonesia

    The Justice for Illegitimate Children of Indonesian Women Workers Through Constitutional Court Decision No. 46/PUU-VIII/2010

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    The position of children out of marriage in everyday life by some people is seen as low, on the other hand in terms of welfare and civil rights still get limitations. This research focuses on the implementation of Constitutional Court Decision No. 46/ PUU-VIII /2010 on illegitimate children of Indonesian Women Workers. The research confirmed that the addition of Article 43 paragraph (1) made by the Constitutional Court through Decision No. 46/PUU-VIII/2010 is not only limited to the right to protection but has a very broad meaning that also includes illegitimate children born to Indonesian Women Workers. In accordance with the principle of equality before the law, the law must provide fair protection and legal certainty. The findings of this study revealed that illegitimate children of migrant workers can obtain constitutional rights as Indonesian citizens adhering to the principles of the rule of law. Therefore, the Constitutional Court’s decision does not only affect children’s inheritance rights, but also has implications for guaranteeing and protecting illegitimate children born to migrant workers, such as the right to earn a living, guardianship rights, and the right to get child support from a biological father

    Metode Penanggulangan Peredaran Narkotika Di Lembaga Pemasyarakatan Terhadap Narapidana Sebagai Upaya Mencapai Tujuan Pemidanaan (Studi di Lembaga Pemasyarakatan Klas I Tanjung Gusta Medan)

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    Almost fifty percent of the prison population is prisoners of narcotics, this situation is very worrying for the occurrence of drug abuse in prison. Overcrowding greatly affects the process of coaching prisoners, so it is likely that the expected goal of punishment will not be achieved. The nature of the type of research is normative juridical. The concept of coaching carried out to prisoners in prison is guided by Article 34 to Article 46 of Corrections Law No. 22 of 2022. The mentoring program for prisoners of drug abuse is carried out including personality coaching and independence coaching. Efforts to minimize the abuse of narcotics in prison are guided by Permenkumham No. 6 of 2013 relating to the Code of Conduct for Correctional Institutions and Detention Centers. Based on these regulations, efforts to minimize drug abuse in prisons are carried out with preventive and repressive actions. The obstacles faced by prisons in minimizing drug abuse in prisons include the unavailability of experts, obstacles from the community and the lack of infrastructure and facilities in carrying out the process of coaching prisoners.Kepadatan Lapas hampir diseluruh Indonesia sudah sangat menghawatirkan. Keadaan ini cukup rentan untuk terjadinya penyalahgunaan narkotika dalam bentuk peredaran Narkotika di dalam Lapas, serta otomatis  mempengaruhi pembinaan narapidana, sehingga kemungkinan tujuan pemidanaan diharapkan tidak akan tercapai. Penelitian ini bertujuan untuk menemukan dan menganalisis metode penanggulangan peredaran narkotika di lembaga pemasyarakatan terhadap narapidana sebagai upaya mencapai tujuan pemidanaan di Lembaga Pemasyarakatan Klas I Tanjung Gusta Medan. Sifat penelitian yang digunakan adalah Yuridis Empiris, dengan metode pendekatan perundang-undangan (statute approach)  dan pendekatan kasus (case approach). Analisis dilakukan secara deskriptif bertujuan menggambarkan antara upaya kinerja Lembaga Pemasyarakatan Klas I Tanjung Gusta Medan dalam meminimalisir peredaran narkotika di dalam lembaga pemasyarakatan sehingga tercapai tujuan pemidanaan. Berdasarkan hasil kajian melalui wawancara diperoleh bahwa metode penanggulangan yang dilakukan didalam menanggulangi agar peredaran narkoba di lapas melalui 3 (tiga) hal, yakni pre-Emtif, Preventif dan Represif dengan mengacu kepada Permenkumham Nomor 6 Tahun 2013 Tentang Tata Tertib Lembaga Pemasyarakatan dan Rumah Tahanan dan hambatan yang dihadapi petugas  lapas di dalam  melaksanakan metode penanggulangan peredaran narkotika adalah belum tersedianya ruang yang cukup sehingga mengakibatkan belum terpisahnya narapidana pengguna dan pengedar narkotika, over kapasitas Lapas, belum dilaksanakannya rehabilitasi pengguna narkotika. Kata Kunci, Metode, Penanggulangan dan Narkotika &nbsp


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