Tadulako Master Law Journal

KEBIJAKAN HUKUM PIDANA DALAM PENANGGULANGAN TERORISME DI INDONESIA

2024-03-10T11:12:26+07:00

Agus Tri Saputra D 102 18 039 criminal law policy in overcoming terrorism in Indonesia supervised by Benny Diktus Yusman and Hamdan Rampadio Formulating the problem of how to criminal law policy in overcoming criminal acts of terrorism in Indonesia. What are the obstacles and factors faced in overcoming criminal terrorism in Indonesia. Using normative juridical methods Referring to Seorjono Soekanto's typology, he explained that the study of approaches to normative law versus normative ones conceptualizes law as norms, rules, regulations and legislation that apply at a certain time and place as the product of a particular sovereign state power. The crime of terrorism is a form of cross-border crime that seriously threatens world order and peace. Terrorism is a crime that cannot be classified as an ordinary crime. Academically, terrorism is categorized as an "extraordinary crime" and is also categorized as a "crime against humanity". The criminal act of terrorism is defined as a serious human rights violation which was first discussed in the European Convention on the Suppression. of Terrorism (ECST) in Europe in 1977 which adhered to the concept of expanding the meaning paradigm from Crimes Against the State to Crimes Against Humanity. Crimes Against Humanity include criminal acts intended to create a situation that results in individuals, groups and the general public being in an atmosphere of terror. In relation to human rights, crimes against humanity fall into the category of gross violations of human rights which are carried out as part of widespread or systematic attacks that are known to be directed directly at civilians, more so at the lives of innocent people (public by innocent).

ANALISIS YURIDIS PERKAWINAN DIBAWAH UMUR PASCA BENCANA GEMPA, TSUNAMI DAN LIKUIFAKSI DI KABUPATEN SIGI SULAWESI TENGAH

2024-02-01T14:35:01+07:00

Underage marriage is a marriage carried out by a man and a woman where the ages of both are still below the minimum limit regulated by Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage and the prospective bride and groom. They are not ready physically or mentally, and the bride and groom are not yet mentally mature and there is also the possibility that they are not ready in material terms. For this reason, this research aims to determine the factors and impacts of child marriage in Sigi Regency, after the disaster. The research method the author uses is empirical juridical. The results of this research are the factors that cause child marriage in Sigi Regency after the earthquake, namely pre-wedding pregnancy, environment, economy, parents/family, education, culture or tradition and mass media. The impact of underage marriage due to disasters is (1) positive impact: avoiding adultery and reducing the burden on parents. (2) negative impact: psychological maturity has not been achieved, children's rights are not fulfilled, health impacts, increasing divorce rates, and lower living standards. low. This research recommends that minors who decide to marry at an early age are expected to think carefully about their decision before deciding to marry, because building a marriage requires a lot of preparation, both physical, psychological and financial. If you finally decide to get married, it is hoped that you have prepared everything carefully so that the quality of life after marriage is better than before marriage.

PERSPEKTIF POLITIK HUKUM TERHADAP UNDANG-UNDANG NOMOR 19 TAHUN 2019 KOMISI PEMBERANTASAN KORUPSI

2024-03-10T11:07:14+07:00

Africa Eradicating Corruption in Investigations: Using Normative Juridical Methods Referring to Seorjono Soekanto's typology, he explained that the study of normative legal approaches to normative ones conceptualizes law as norms, rules, regulations and legislation that apply at a certain time and place as a product of state power. certain sovereign. The main problem in this research is the political perspective of criminal law towards the Corruption Eradication Commission Law at the investigative level and the provisions that the Corruption Eradication Commission should use at the investigative level. If corruption cases do not involve law enforcement officials, state officials and other people who are related to criminal acts of corruption, it will disturb the public, especially regarding the issue of state losses. Law Enforcement of Corruption Crimes In practice, it faces various obstacles/obstacles, especially in optimizing the eradication of corruption. This is due to, among other things, the complexity of corruption cases, this requires coordinated handling but in reality if it is coordinated with the leadership of the party being investigated, the leadership concerned is not willing to have their work unit examined, also time constraints, the occurrence of corruption is generally a long time ago so it is difficult to prove it. . It is also possible that the evidence has been destroyed. This will make it difficult for investigators to look for evidence and witnesses and shed light on the perpetrators in the context of law enforcement. In order to enforce the law, law enforcement should not be indiscriminate and be able to apply the principles set out in the Instructions for Law Number 19 of 2019 of the Corruption Eradication Commission.

PERTANGGUNG JAWABAN KEPALA DAERAH DALAM RANGKA PENYELENGGARAAN URUSAN PEMERINTAHAN

2024-02-01T14:20:24+07:00

People's sovereignty in the 1945 Constitution before the Amendment (change) was regulated in article 1 paragraph 2 which states that sovereignty is in the hands of the people and is carried out entirely by the People's Consultative Assembly, the regulation of people's sovereignty in this provision places sovereignty in the hands of the people but its implementation is left entirely to the MPR The third amendment to the 1945 Constitution was the result of the 2001 MPR Annual Session. After the amendment to the 1945 Constitution, article 1 paragraph 2 states that sovereignty is in the hands of the people and is implemented based on the 1945 Constitution, this formulation, if interpreted, means that the highest power is in the hands of the government. or it is based on the will of the people, but the exercise of power is based on the 1945 Constitution, because if people's power is exercised without being based on applicable laws and regulations, it will result in chaotic conditions and threaten the unity and integrity of Indonesia. One aspect of Reform that has received attention Until now it has been a regional autonomy policy issue. Indonesian political perspective After independence in 1945 there were several governments, all of which claimed to be democratic governments. In terms of implementing regional autonomy, regions have rights and obligations which are described in the form of regional income, expenditure and financing which are managed in a regional financial management system efficiently, effectively, transparently, accountably, orderly, fairly, appropriately and in compliance with statutory regulations. -invitation.

TANGGUNG JAWAB PEMERINTAH KOTA PALU TERHADAP PENGELOLAAN LINGKUNGAN PADA SEKTOR PARIWISATA

2024-03-10T10:54:50+07:00

The research aims to find out how the responsibility of the Palu government is in managing the environment in the tourism sector, knowing the role of using environmental permit documents in the process of preserving, managing, and monitoring the environment in Palu carried out by business actors in the tourism sector. This research is a normative doctrinal legal research which emphasizes the understanding and study of primary legal materials in the form of legal principles and rules such as laws and regulations and provisions relating to the scope of the problems encountered. The research gathered the data at the Environmental Services Office and Tourism Office Palu. The results of the research show that there are three responsibilities of the government in managing the environment, namely: (1) As a construction maker for implementing environmental management, (2) As a regulator for implementing environmental management, (3) Involving the community directly in managing the environment. Moreover, the role of permit documents is also needed as a form of environmental management and monitoring efforts (UKL-UPL) which has been regulated in Law no. 32 of 2009. Based on the results of the discussion, it can be concluded that environmental management in the tourism sector and its implementation still refers to administrative compliance so that the activities carried out reflect environmentally friendly tourism activities. Based on this, the suggestions that can be given in this research, mainly for the government is to prove its roles and responsibilities in implementing regulation so as not to deviate from existing regulations, both the implementation of permits and compliance in the implementation of the provisions in the implementation of tourism activities in Palu which are in direct contact with environment.

PENCEGAHAN PENCEMARAN LINGKUNGAN MELALUI PENGELOLAAN SAMPAH SISTEM REDUCE, REUSE DAN RECYCLE

2024-02-01T14:28:35+07:00

The purpose of writing is to find out the efforts of the Palu City Government to involve the community in waste management and to find out the application of Palu City Regional Regulation Number 3 of 2016 concerning Amendments to Regional Regulation Number 11 of 2013 concerning Waste Management, in an effort to prevent environmental pollution caused by waste through landfills. Waste Management Reduce, Reuse and Recycle (TPS3R). The research method uses empirical legal research methods with a Socio-juridical approach (Socio Legal Research), the data sources come from primary data and secondary data. The location of the research was carried out in Palu City, while the sample and location of this research was carried out in the Ulujadi District, Silae Village. The research population consisted of TPS3R waste customers, non-customers, TPS3R officers and the Silae Village Government and the Palu City Environmental Service (DLH). The data analysis used is qualitative. The results showed 1). The existence of the Palu City Government's efforts to involve the community, this still needs to be optimized, because what affects community involvement as waste customers is the lack of waste transport fleet facilities. 2). The effective implementation of Palu City Regulation Number 3 of 2016 concerning Amendments to Regional Regulation Number 11 of 2013 concerning Waste Management, this still needs to be optimized by socializing regulations through banners, billboards and electronic media to the public.

PERLINDUNGAN HUKUM OLEH PEMERINTAH DI MASA PANDEMI COVID-19

2024-03-10T10:17:02+07:00

The importance of legal protection by the government during the Covid-19 pandemic is currently increasingly being felt by the public as elements affected both directly and indirectly. Based on data released by the Ministry of Health of the Republic of Indonesia regarding the soaring spread of Covid-19, the government is increasingly being placed in the position most responsible for legal protection of the rights of its people. With unusual conditions like this, of course the government needs to make extraordinary efforts to address the emergency of Covid-19 transmission by establishing legal regulations and decisions. The government's authority to issue policies is felt to be even more massive when the facts on the ground show conditions of rejection and indifference by the public. This condition ultimately inspired the author to carry out a normative-empirical legal analysis using legal materials and field data and then draw descriptive conclusions. Various efforts and legal steps have been taken by the government, both the central government and regional governments, to overcome the emergency of the Covid-19 outbreak, however, however legal protection efforts are provided without the role and awareness of the community, these efforts will not provide effective results. What we can avoid is when the government then takes firm steps by implementing sanctions for those who are not cooperative, with efforts to increase the legal awareness of the entire community regarding the dangers of this virus so that they actually take action that is in line with efforts to overcome Covid-19.

ANALISIS YURIDIS TAFSIR KONSTITUSIONALITAS TERHADAP FRASE ORGANISASI ADVOKAT DALAM UNDANG-UNDANG NOMOR 18 TAHUN 2003

2024-02-01T14:39:19+07:00

The purpose of this research is to find out the Constitutional Court's decision on the constitutionality interpretation of the phrase "Advocate Organization" in Law Number 18 of 2003 concerning Advocates which is authoritative in nature as a juridical basis, and the method used is to carry out research which is of a Normative Juridical nature using legal, case (decision), historical and conceptual approaches. Types of legal materials come from primary and secondary legal materials, which are collected by means of literature searches/studies. The analysis technique uses a descriptive analytical method which in the process of drawing conclusions is carried out using deductive logic. The results of this research provide the conclusion that constitutionally the definition given is that the only forum for the Advocate profession as intended in the Law on Advocates is the only forum for the Advocate profession which has the authority to carry out special education for the Advocate profession [Article 2 paragraph (1)], examination of prospective Advocates [Article 3 paragraph (1) letter f], appointment of Advocates [Article 2 paragraph (2)], creating a code of ethics [Article 26 paragraph (1)], forming an Honorary Council [Article 27 paragraph (1)], forming The Supervisory Commission [Article 13 paragraph (1)], carries out supervision [Article 12 paragraph (1)], and dismisses advocates [Article 9 paragraph (1), Law on Advocates]. The constitutional interpretation given by the Constitutional Court is authoritative and must be used as a juridical basis which is coercive and binding.

ANALISIS YURIDIS PERAN KEJAKSAAN DALAM PENUNTUTAN TERDAKWA TINDAK PIDANA KORUPSI YANG MELARIKAN DIRI KE LUAR NEGERI

2024-03-10T11:00:54+07:00

Corruption is considered an extraordinary crime, so that eradicating and handling it requires extraordinary efforts and methods. Corruption has transformed into a major crime that weakens almost all aspects of life, including health, education, the economy and law enforcement. Eradicating corruption cases consistently relies on the Law concerning the Eradication of Corruption Crimes Number 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning the Eradication of Corruption Crimes. In reality, the legal process for some criminal acts of corruption seems neglected. This can be seen from the presence of defendants in criminal acts of corruption who easily leave Indonesia before the legal process is completed. The Prosecutor's Office as one of the law enforcement institutions in Indonesia is expected to be able to carry out its duties and obligations in the field of prosecution objectively, independently and free from the influence of any power in order to create clean law enforcement and for the sake of justice for the nation and state. The Prosecutor's Institute is also required to improve its performance in eradicating corruption, because so far the Prosecutor's Office has not been able to demonstrate the professionalism of its officers' performance in handling corruption cases. Based on the description above, the main problem raised in this thesis is what is the role of the prosecutor's office in prosecuting defendants of criminal acts of corruption who have fled abroad and what obstacles do prosecutors face in the process of prosecuting defendants of criminal acts of corruption who have fled abroad? overseas. The results of this research are in accordance with Law Number 16 of 2004 concerning the Prosecutor's Office of the Republic of Indonesia which has been given the authority to exercise state power in the field of prosecution.

ANALISIS HUKUM TERHADAP PENANGGUHAN PENAHANAN (Studi Pada Kepolisian Resor Banggai)

2024-03-10T11:05:10+07:00

Although there have been limitations set forth in the national Criminal Procedure Code which have been adapted to the conditions or legal life of Indonesia, the Criminal Procedure Code itself is not free from shortcomings. The shortcomings contained in the Criminal Procedure Code have caused many new problems, including in terms of detention, namely the granting of a suspension of detention and the refusal to grant a suspension of detention, even though in statutory provisions it is the right of a suspect or defendant in every level of a criminal case. The problem that will be described in this study is how the implementation of the suspension of detention for suspects at the Banggai Resort Police and what are the reasons and constraints for granting a suspension of detention at the Banggai Resort Police. The purpose of the study was to determine and analyze the implementation of the suspension of detention of suspects at the Banggai Resort Police. To find out and analyze the practice of reasons and obstacles in granting a suspension of detention at the Banggai Resort Police. By using empirical juridical method. The implementation of the suspension of detention at the Banggai Resort Police has been carried out in accordance with the legislation (KUHAP) but has not been maximized as there are still some cases that should be given a detention suspension but are not granted and the obstacles faced by the Banggai Resort police in terms of suspension of detention include not getting permission from Even though the leadership is in accordance with the conditions for the suspension of detention in cases classified as severe, namely (Street Crime), many suspects who apply for a suspension of detention are recidivist perpetrators so that it is feared that the person concerned will repeat the crime, that there is attention from the police leadership at the regional police and headquarters related cases. street crime (street crime), drugs, stealing, stealing and maltreatment which are very disturbing to the public regarding the murder case, the request for suspension is not granted because it is to prevent new problems such as revenge from the victim's family from arising. trigger new criminal acts