The Legal Certainty of Execution of the Death Penalty in Indonesian Criminal Justice System

This study aims to answer three main problems, namely: (1) How the provisions of the deadline for execution on the death row prisoners in the Indonesian justice system?; (2) What method of execution on death row prisoners in the Indonesian justice system?; and (3) How is the policy of capital punishment in Indonesia in the future?. This research uses the primary, secondary and tertiary legal materials. The research methods being used in this research is normative method with the application of the statute approach, the case approach and the comparative approach. The results of this study shows the following conclusions: (1) the criminal law system in Indonesia is not set the deadline for execution on death row prisoner who had obtained a court decision that is legally binding and or the clemency petition has been rejected signal by the president; (2) The method of execution that has been implemented in Indonesia is a method of firing squad the u.s. stipulated in Law No. 2/Pnps/1964; (3) The policy the SE for the death penalty law in Indonesia in the future will not be shifted away from the current state

Illegal Fishing Eradication: Comparative Study of Indonesia and Malaysia

Practice of illegal fishing is an obstacle in the practice of countries. Indonesia with a sea area of more than 5 million km2 is not an easy thing to overcome. Fisheries crimes or illegal fishing as a violation of the law of the seas is a serious threat because of the potential damage to the state’s economy. Illegal fishing or fisheries crimes are considered a type of that garners international attention. The handling of illegal fishing cases in practice is not a stand-alone thing but relates to various aspects/factors. Some factors are substance of law and structure of law. The substance of law includes all regulation such as the Law of Fisheries, the Law of Ratifying of UNCLOS, and Indonesia Criminal Code. The structure of Law consists of the police (water and air police), the ministry of marine and fisheries, the NAVY, Bakamla, and lastly Task Force 115. In Malasyia perspective, the substance of law is in Fisheries Act 1985 No.137 and the structure of law is the Malaysian Maritime Enforcement Agency (MMEA) and Marine Police. Keywords: Illegal Fishing; Eradication; Comparative Study

Legal Effectiveness in Combating Illegal Fishing

The fishery sector has an important and strategic role in the development of the national economy, especially in increasing the expansion of employment opportunities, income distribution, and improving the living standards of the nation in general, small fishermen, small fish farmers, and business actors in the field of fishery by maintaining the environment, sustainability, and availability of fish resources. To eradicate illegal fishing, Legal approaches can be applied to show how the law is working to deal with some issue in the society. In this context, the approach is an administrative law and a criminal law. The administrative law mechanisms are conducted in the form of permission and supervision and the criminal law mechanism is done in the form of identifying the problematical handling of illegal fisihing, inquiry and investigation of illegal fishing crime as well as the Establishment of Task Force for The Prevention and Eradication of Illegal, Unreported and Unregulated (IUU) Fishing. Keywords: Legal Effectiveness; Combating Illegal Fishin

Protecting the Third Party-Owned Evidence in Corruption Cases: Analysis of Case at the Prosecution Stage

The research aims to analyze and find out the legal protection of third party-owned evidence in corruption cases at the prosecution stage. This research is descriptive with normative-juridical type. The approaches used were statutory, conceptual, and case approaches by using deductive and inductive reasoning. The results show that the presence of a third party in the prosecution trial can cut time in providing legal certainty regarding the legal status of the object claimed by the third party which is the object of confiscation. This provision eliminates pretrial attempts and challenges (derden verstek) against the confiscation of objects of confiscation. The legal status of the object of confiscation which is claimed by a third party is completed in one trial, the prosecution trial; the second is efficiency of case handling for proving the validity of the object of confiscation of evidence belonging to a third party occurs in just one prosecution hearing, there is no pretrial effort and resistance to objections after the decision. The third is avoid disparity in decisions. Separating the evidentiary process in the corruption court with the pretrial and civil proceedings (resistance from third parties or defendants) can result in disparities in decisions that confuse justice seekers. The fourth is avoid the practice of corruption. The process of proving the object of confiscation in one agenda of the prosecution session minimizes the chance of corruption (bribery) because the evidence trial focuses on the prosecution trial only. Keywords: Attorney; Corruption; Third Party-Owned Evidence; Prosecutor DOI: 10.7176/JLPG/102-10 Publication date:October 31st 202

Ideal Concept of Legal Policy in Dealing with Illegal Fishing

Illegal, Unregulated, and, and Unreported Fishing (IUU-Fishing) crime activities are defined as illegal, unreported and unlawful fishing practices. In practice, Indonesia is one of the most disadvantaged countries from the illegal fishing activities occuring in many Indonesian waters. Formulating an ideal legal policy in the handling of illegal fishing is a way out that can be used as a patron for Indonesia to deal with fishery crime. The law policy can be analyzed in Administration Law and Criminal Law approaches. Keywords: Concept of Legal Policy; Illegal Fishin

Legal Analysis of Formulation of Child Narcotics Dealer

Indonesia is “ a state of law” or “rechtstaat” which is its governance and society based on Pancasila (Five State Principles) and Constitution of the Republic of Indonesia 1945. It is known also as a state with various cultures and its noble character. However, it is commonly to be heard lately a slogan “Indonesia as emerging narcotics state”. Narcotics circulation in Indonesia juridically is allowed by law (valid) with some certain reasons, such as for medicine and research purposes. The rule of it can be seen in article 7 of the Law No. 35 of 2009 on Narcotics. Articles 111 to 148 the law No. 35 of 2009 state that “any person that without right or against the law who circulates the narcotics will be punished”. The article 133 subsection (1) and (2) of the law No. 35 of 2009 is the only article of the Law states it. However, the article only puts the child as a victim of the adult person who circulates the narcotics. The provision related to the dealer narcotics can be seen in article 111, 112, 113,114, 115, 116, and 127 of the Law No. 35 of 2009. Keywords: Formulation, Narcotics, Child Dealer

The Concept and Model of Restorative Justice Integration in the Crime of Defamation

The concept of Restorative Justice in the Indonesian criminal justice system is an interesting study and analysis, because so far various writings have only seen settlements through Restorative Justice as the settlement of cases outside the judiciary. This study uses a normative method with an approach to legislation and concepts as well as the use of the main legal sources from the results of the dissertation study. The results of the study indicate that regulatory aspects of criminal case settlement in Indonesia have existed through sectoral regulations of the police and prosecutors. There have been many implementations of the settlement of criminal cases through Restorative Justice, especially regarding the crime of defamation as a crime complaint. The settlement of crimes of defamation through Restorative Justice has provided protection for victims. The concept of protecting victims of defamation crimes is the legal interest of the victim, forgiveness, harmonization of the relationship between the victim and his/her treatment and family as well as the restoration of the victim's social environment. The integration model for the settlement of the crime of defamation is carried out through a peace agreement between the victim and the perpetrator which is followed up through the termination of the investigation or prosecution of the case. In court, the settlement through Restorative Justice is used as the basis for judge's consideration in mitigating sentences in the form of probation. Internal supervision through the leadership of law enforcement agencies and external supervision through pretrial is a means of controlling the integration of Restorative Justice in the Indonesian criminal justice system. Keywords: Restorative Justice, Crime of Defamation, The Indonesian Criminal Justice System. DOI: 10.7176/JLPG/116-02 Publication date: December 31st 202

Wujud tindak pidana korupsi dalam penyidikan di Kejaksaan Tinggi Sulawesi Tenggara

Hal 435-45

Sasi laut as a non penal effort treatment of illegal fishing for sustainable utilization of fishery resources

AbstractSasi Laut as a tradition of the people of Maluku Islands in the utilization of natural resources (fisheries) can be used as a non-penal (non-legal) effort to tackle illegal fishing. The purpose of this research is to analyze how sasi laut can be used as a non-penal effort by the community in tackling illegal fishing. The research method used is normative legal research equipped with a socio-legal approach. The approach used in this research is a statutory approach and a conceptual approach. The data sources needed in this study are primary legal materials, secondary legal materials and tertiary legal materials. Furthermore, the data will be analyzed qualitatively. The results showed that, sea sasi as local wisdom of the Maluku Islands community in the use of natural resources, especially fisheries resources. Sasi laut contains prohibitions on fishing for certain types of fish, prohibitions on using certain fishing gear and prohibitions on damaging other marine biota and marine ecosystems, so that it can be used as a non-penal effort (not using criminal law) in tackling illegal fishing crimes, so that the quality and quantity of fish species remains sustain and can be enjoyed by the next generation.</jats:p