ABSTRACT Fishing with explosives or blast fishing is very rife, especially in coastal areas where the main perpetrators are small fishermen. Perpetrators who use prohibited fishing gear, one of which is the use of explosives, has been regulated in Law No. 45 of 2009 concerning Amendments to Law No. 31 of 2004 concerning Fisheries. In the regulation of sanctions, the law only focuses on pun…
ABSTRACT In criminal case decisions, it is known that there is a gap in sentencing which is better known as disparity. The disparity in sentencing has a deep impact, because it contains a constitutional balance between individual freedom and the state's right to convict. This can be seen in the judge's decision in the forestry crime Number 10/Pid.Sus/2018/PN Wns and Decision Number 89/Pid.B/LH…
ABSTRACT As one of the sub-systems of criminal justice, penitentiary institutions (Lapas) have a role in implementing the guidance of prisoners and correctional students through a correctional system based on education, rehabilitation and reintegration. However, in its development, the coaching that was carried out was not optimal because of the complexity of the problems that occur in pri…
ABSTRACT Forced defense (noodweer) is an effort to protect oneself or others that is carried out because an attack or threat against the law comes suddenly. The regulations in the legal system in Indonesia are in Article 49 paragraphs (1) and (2) of the Criminal Code regarding forced defense (noodweer) and forced defense that exceeds the limit (noodweer excess). However, in reality, perpet…
ABSTRAK In its development, drugs are often misused by parties who have no responsibility and only seek financial gain, without considering the welfare and safety of consumers. One such action is carried out by companies that produce medicines containing dangerous ingredients which then circulate in the community. In the Indonesian legal system, various laws have regulated criminal liabil…
ABSTRACT Irregular behavior of members of the Police is a violation of the Police professional code of ethics and Police disciplinary regulations. However, it is felt that law enforcement against these regulations is still far from expectations and has not been able to maximally have a positive impact on the behavior of members of the Police, both due to the process of law enforcement and …
ABSTRACT Corruption has become a common habit in Indonesian society, especially among officials and state administrators in the Republic of Idonesia. As in this case the state civil apparatus being caught in a criminal case of bribery in corruption in 2021. With their status as a state civil apparatus, including the law enforcement profession, it should receive more severe criminal sanctions. …
ABSTRACT Analysis of the cassation judge's decision regarding Banking Crime with Case Number 2359 K/Pid.Sus/2022 starting from the District Court decision to the Cassation where the District Court decision took 2,6 years and was strengthened by the High Court decision and the Supreme Court gave a different decision, namely: acquittal. The Supreme Court judge who did not impose a sentence on a …
ABSTRACT Gambling is regulated in Article 303 paragraph (1) the Criminal Code with threats for preparatos namely imprisonment for a maximum of 10 (ten) years and a maximum fine of Rp. 25,000.000,00 (twenty-five million rupiah). However, in reality enforcement regarding gambling is still not optimal, this can be seen from the large number of people who freely acces or play online gambling, …
ABSTRACT Arrangements for granting remissions or conditional release in cases of corruption prior to the decision number 28P/HUM/2021 have special conditions or differences in obtaining remissions or parole compared to other general crimes. This is regulated in Government Regulation Number 99 of 2012 concerning Requirements and Procedures for the Implementation of the Rights of Correctional Fa…
ABSTRACT In the Indonesian Criminal Code, there is no clear formulation regarding the ability to be responsible. Article 44 of the Criminal Code explains the circumstances when a person cannot be sentenced to a criminal sentence because there is an inability to take responsibility for the perpetrator of a crime in the form of a mentally disabled or impaired due to illness. One example of the …
ABSTRACT In decision No. 1243/Pid.Sus/2022/PN.Sby the defendant was declared legally and convincingly guilty of committing the crime of class I Narcotics abuse for himself. The Defendant was given a criminal sanction in the form of imprisonment for 2 (two) years but the Judge did not order or implement rehabilitation for the Defendant. Whereas in Article 127 paragraph (3) of Law No. 35 of 2009…
ABSTRACT The juridical review of the judge's decision Number 29/Pid.Sus-TPK/2021/PN.Jkt.Pst concerning the Corruption Crime of Social Assistance Funds is considered to be a sense of injustice that occurred in this decision where the Indonesian people really hope that all corruptors can be punished as severely as possible. corruption of aid funds for people affected by national calamities/disas…
ABSTRACT Article 1548 of the Civil Code states that a lease agreement is an agreement in which one party binds himself to provide the other party with the enjoyment of an item, for a certain time and with the payment of a price that the party can afford. However, in reality the lessee defaults on fulfilling the lease agreement, namely the lessee does not pay the rental price as agreed in the a…
ABSTRACT The act of hoarding food is a criminal act that has an economic motive, so it is a form of crime, because it is detrimental to society and the State. Business actors who commit these acts will be subject to penalties and sanctions in accordance with Law Number 7 of 2014 concerning Trade and Law Number 18 of 2012 concerning Food. In the regulation of sanctions in this law, there are no…
ABSTRACT The crime of sexual extortion/sextortion is a form of online gender-based violence that is carried out by extorting the victim both materially and sexually by utilizing pornographic photos or videos belonging to the victim which are obtained either by hacking, or given directly by the victim on the basis of trust in a relationship. Therefore, the purpose of this thesis research is, …
ABSTRACT Crimes that go viral on social media have an impact on law enforcement, many crime cases that go viral on social media are starting to be highlighted by law enforcement, the lack of response by law enforcement to viral cases makes the public angry so that the lack of a sense of justice that people feel causes hashtags to appear.#noviralnojustice, for example the victim of a robber…
ABSTRACT Intentional and premeditated murder (moord) is regulated in Article 340 of the Criminal Code. Where the crimes of premeditated murder committed by parents against their children are very concerning. Sanctions for perpetrators of premeditated murder of children are still relatively light, which takes the lives of children. This study aims to determine the application of law based o…
ABSTRACT Self-defense is a form of human defense in situations that threaten the safety of one's soul, decency and property. It is undeniable that this self-defense can also provide losses for perpetrators of criminal acts. Arrangements regarding self-defense are regulated in Article 49 of the Criminal Code. In that article it is said that a person who commits an act of defense for life, h…
ABSTRACT One form of human trafficking is prostitution. Prostitution in Indonesia is considered a crime against decency and is illegal and against human rights. One way to eradicate prostitution is to punish users of their services, by making Commercial Sex Workers (PSK) victims of sexual exploitation in trafficking in persons, through Article 12 of the Law of the Republic of Indonesia Num…