PENGGUNAAN KEKERASAN DAN SENJATA API OLEH APARAT KEPOLISIAN NEGARA REPUBLIK INDONESIA DALAM PENGAMANAN UNJUK RASA

Kepolisian Negara Republik Indonesia (Polri) is one institution that is authorized and responsibility to use violence and firearms to support tasks and functions to keep safety and peace in the society. This study aims to explain on the extent of use of force and firearms by the Kepolisian Negara Republik Indonesia officers can do and how its criminal responsibility in securing demonstration. Research method which is used empirical normative using primary data and secondary data. Primary data and secondary data is processed to answer the problem by using descriptive analysis. Sampling techniques used non-random sampling. Type of sampling conducted by purposive sampling, which took testimony through interviews with specific people based on qualifications of the research that has been defined previously. The result of the study showed that the implementation of the use of force and firearms by the Kepolisian Negara Republik Indonesia (Polri) in securing the protests influenced by several factors: an indication of the cause of the protests that grew into mass riots in Indonesia, including law enforcement factors on perceptions of police officers on human rights humans (HAM) in securing the rally, police policy factor in securing the rally, influence the pattern of character building member of the Police, the Police action in protest security, network cooperation and negotiations undertaken in the police handling of the protests and the constraints faced by the police in securing demonstrations, as well as cultural factors (culture) community. Resposibility of Criminals liability for police officers for mis use of force and firearms in securing the rally can be determined based offenses arising from the misuse of force and firearms by police in securing justice protests to general mechanism to determine which form of criminal liability and criminal sanctions violence abuse and firearms by police to securing demonstration

POLITIK HUKUM PERTANGGUNGJAWABAN PIDANA TERHADAP INTERNET SERVICE PROVIDER DALAM CYBER CRIME

This research studied about legal politic of criminal responsibility for internet service provider aiming to describe theoretical framework as a base of internet service provider to have criminal obligation, making explicit of the form of criminal responsibility burden to internet service provider if involved in cyber crime and finding the parameter and giving suggestion of ideal legal politic of criminal responsibility in the future as a dreamt law ( ius constituendum) in cyber world according to the requirement of technological advances and modern information. This research was a normative research supporter by data obtained in the field using research approach of legal politic used to study ius constitutum and gave thought toward ius constituendum about the criminal responsibility for internet service provider. The research result for the first problem showed that so far, the criminal responsibility for internet service provider as cooperation is still promoting sharp enough difference of idea among the experts, mainly in case of investigation, searching, and confiscation. For the second problem, in Regulation Number 11 year 2008 about he Electronic Information and Transaction in relation with the form of criminal responsibility if internet service provider is involved in cyber crime is still not arranged clearly and firmly. Besides, the problem faced by the investigators causing the internet service provider could not be obliged by responsibility because in the investigation, searching, and confiscation has to have license in its implementation from the chairman of local court or from the Minister of information and communication. Answering the third problem, Pancasila as the spirit used in legal politic in Indonesia has to be the ideology, the source of value and orientation in determining the direction of legal politic development in Indonesia. On the way of modern era, societal protection in cyber world is still weak and far from the expected one, through the product of positive law recently

PRAKTEK SUAP/ PUNGLI DI BIDANG PENGANGKUTAN BARANG DAN/ ATAU ORANG DI KOTA BEKASI (STUDY TENTANG PERILAKU MENYIMPANG PADA BISNIS ANGKUTAN DARAT)

Transportation is one of the vital activity in society economic activities. Transportation will support national development in various sectors, therefore the rule of law in the transport sector must be guaranteed by a government that is supported by the Bussinesman and Society. The government must ensure the transport sector entrepreneurs to develop their business effectively and efficiently so that people feel the organization of transport that is safe, comfortable and affordable. In practice occurred, (individually actors) that Government should be located as planners, regulators, controllers and supervisors are still many areas of the transport behavior of corrupt conduct and illegal �meel�. The high level of corruption would lead to economic costs so high due to the owner of the goods (businessesman) to charge all fees, entertainment expenses, and other costs into the selling price of the component goods and services that will be suffered by the consumen. The researcher would like to answer the main factors of �meel� corrupt behavior and extortion that occurred in the field of transportation of goods/people in Bekasi and the remedies of that deviant behavior

Konstruksi Perbuatan Melawan Hukum Pidana Kehutanan Terhadap Penebangan Hutan Di Luar Rencana Kerja Tahunan Pada Pemilik Izin Usaha Pemanfaatan Hasil Hutan Kayu

Deforestation outside the Annual Work Plan (RKT) on Timber Product Utilization Business License owner (IUPHHK) by looking its effect on the destruction of forest is a tort construction against forestry criminal law, but on the legislation of Article 74 Government Regulation 6 of 2007 on Forest Management, Forest Management Plan and Forest Utilization is a violation of the obligation thus creates an uncertainty law. In accordance, this study aims to find the tort construction against forestry criminal law against deforestation outside the annual work plan on timber product utilization business license owner. This research is a descriptive analysis which describe the problems in this research, then the analysis is carried out based on the principles of criminal law and forestry legislation,thus it finds a tort construction on forestry criminal law in the logging outside of the annual work plan on the timber product utilization business license owner�supported by the case study approach of Adelin Lis, General/Finance Director PT. KNDI that carried out logging outside the RKT since 2000 until 2005. Based on the opinion of legal criminal expert Van Bemmelen, there is no difference between the meanings of the criminal law against the law in the legal sense against the law in the field of civil law. Van Bemmelen�s opinion is reinforced by Pompe who stated that the meaning of wederrechtelijk (the characteristic of violating law in criminal law) is in accordance to the meaning of onrechtmatige (violating behavior in civil law) to refer to the decision of the Hoge Raad, 31 January 1919. Therefore logging outside RKT on IUPHHK meets the tort construction against the forestry criminal law of Law No. 41 of 1999 on Forestr

PENAFSIRAN HAKIM MENGENAI KETENTUAN PENJATUHAN PIDANA MINIMUM KHUSUS TERHADAP ANAK YANG BERKONFLIK DENGAN HUKUM DALAM TINDAK PIDANA KESUSILAAN

This research is aimed at analyzing the implementation of the of specific minimum criminal provisions in criminal cases against decency committed by children, analyzing basis of judges� considerations in making decision related criminal cases against decency committed by children that contains specific minimum criminal sanctions, and reviewing the interpretation used by Judges in order to seek legal interpretation on the cases of children who commit crime against decency which includes specific minimum criminal provisions. This research is an empirical normative research using primary data, i.e. interviews, and secondary data consisting of primary legal, secondary and tertiary materials. Methods and instruments of data collection included documentation and documentary study which were supported with interviews. Data of literature materials were analyzed qualitatively. Results of research and discussion indicated that there were two different views in judicial practice of the implementation of criminal sanctions against children as perpetrators of crime against decency on children that contains the specific minimum criminal provisions, namely Judges passed a decision in accordance with the special minimum criminal provisions and Judges passed a decision criminal under the special minimum criminal provisions. There were 2 bases of judges� consideration in imposing criminal penalty to children, namely juridical consideration, drawing facts revealed in the trial, and non-juridical consideration, including consideration on the basis of Moral Justice and Social Justice, and principle of justice, principle of utility, and the principle of legal certainty for the sake of the children. The interpretation used by the Judges in two (2) decisions examined in this research, namely Decision No. 10/Pid.Sus/2013/PN.P.Bun was systematic interpretation and futuristic interpretation, while the interpretation of Judges in Decision No. 164/Pid.Sus/2013/PN.Mkd was grammatical interpretation

POLITIK PENEGAKAN HUKUM PIDANA DI DALAM PERADILAN MILITER

This study aims to asses, to analysis and to explain the reasons that cause not made revision yet to the Act 31 of 1997 on Military Court and how it should the rules of law enforcement to the criminal acts that involves military in the future and continuity for politic purpose of the criminal law. Research method used in this legal research is normative legal research and empirical legal research. In the normative legal research is conducted document research related to the enforcement of criminal law for military and military criminal. Meanwhile, the empirical legal research is the research to the primary data conducted by interview to competent source related to the problems that are conducted as follows: The Departement of deffence, The Institution of Military of Indonesia, The main of Military Court Jakarta and the last one is an Expert of Military Law. The data obtained is analyzed using descriptive-prescriptive method. Based on research results, it can be concluded that since 2000 it has been conducted the effort to revise Act 31 of 1997 on Military Court but the efforts did not the results because it did not achieve meeting of mind between the government and the parlement and about jurisdiction of military court. There is a tendecncy that The ministry of defense and the military of Indonesia use the military court as a protector that conducts the general criminal act from justice enforcement process in the lawsupreme and civil supreme.The failure of legality or form the new Act of Military Court serve evidence that this case is still stagnant related to politic purpose included in and Act 34 of 2004 that want the military obeys under the Military Court in the unlawful criminal act and then obeying under the military Court in the general unlawful criminal law. In this research also makes the concept of law enforcement rules to the criminal act that involves the military in the future