Article 1 number 3 of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System has a weakness in that children under 12 (twelve) years of age are not included in the categorization of children in conflict with the law so they cannot be held criminally responsible and diverted. However, in many cases, children under 12 (twelve) years old can be perpetrators of criminal acts. When vi…
The purposeof the research to analyze the policy of the Regent's Decree Number: Kpts. 073/BPKAD/2023/234 Through Law Number 1 of 2022, Pelalawan Regency has implemented a reduction in Land Rights Acquisition Fees on the basis of article 96. The Regent can provide a reduction in principal payments and/or sanctions for Taxes and Retributions, taking into account the condition of the taxpayer or …
The rampant actions of private hospitals asking for down payments before treatment and surgery for emergency patients due to traffic accidents have caused disability and or death in these patients because the upstream rokan general hospital has difficulty referring these patients. The Health Act of 2023 prohibits hospitals from refusing patients and or asking for advance payment for emergency p…
The case of people in border areas who still use payment transactions in foreign currency is the people of Nunukan Regency, North Kalimantan, specifically the people of Krayan District, which borders Sarawak, Malaysia. Nunukan Regency is located in the northernmost region of North Kalimantan Province. This district borders directly with the state of Sabah (East Malaysia) to the north, with Bulu…
The Restorative Justice approach in criminal law enforcement is a very significant method to be applied at this time. Restorative justice simplifies and shortens the law enforcement process, which focuses on the need to involve victims and communities who feel marginalized by the mechanisms that work in the current criminal justice system. The application of Restorative Justice to Narcotics Abu…
The TNI's current problem is that when assisting the National Police in overcoming the KKB, it is experiencing a dilemma related to human rights issues and legal threats which are preventing the TNI from acting and moving. So this is the factor that causes many TNI soldiers to die in operational areas because TNI soldiers are hesitant in taking a stand when carrying out their duties in helping …
IKN, which was named in Law Number 3 of 2022 concerning the National Capital, is a regional government at the ministry level. According to Article 18, Paragraph 3 of the 1945 Constitution, the provincial, district, and city governments have Regional People's Representative Councils whose members are elected through general elections. The Local Government Administration in the 1945 Constitution …
Restorative Justice is a legal system that aims to restore the welfare of victims, perpetrators and society which focuses on recovery and avoiding retaliation and taking into account the aspirations of victims and the responsibility of perpetrators. Circular Letter from the Chief of Police No: SE/8/VII/2018 dated 27 July 2018 which is used as a reference in implementation The principle of res…
YouTubers and Tiktok who have earned income are also included as taxpayers, this has been mentioned in (Article 4 paragraph 1) of Law No. 36 year 2008 on Taxation in Indonesia. Tax base (DPP) for YouTuber and Tiktok taxpayer is income earned from Google Adsense, this is because the main income from Youtuber is through advertising on the videos they upload on Youtube through approval to become …
The Disruption Era or what is known as revolution 4.0 has made the world go in a new direction which includes various aspects of life and one of the important aspects is in the economic field. One of the developments in the economic field is the emergence of methods related to copyright in creating works to be commercialized and through certain networks, namely Non-Fungible Token (NFT), Copyrig…
In the 1945 Constitution of Indonesia, there is an exception to amending certain substances in the constitution known as the term unamendable provision. This provision is contained in the Preamble and Article 37, paragraph 5, which specifically states that the form of the unified state of the republic cannot be changed. In practice, the refusal to amend certain provisions of the 1945 Constituti…
Freedom of opinion in public is regulated in Article 28 of the 1945 Constitution and in Article 19 and Article 20 paragraph (1) of the Universal Declaration of Human Rights (DUHAM). But in practice there are many irregularities that often occur, one of which is persecution. Persecution has become a topic of discussion and is included in Article 7.1 of the Rome Statute and is categorized as…
SUMMARY Bank services in the form of Mobile Banking seem to have become a necessity. The needs of the business world and Bank customers are increasing along with advances in technology and information. For this reason, Mobile Banking can bridge the needs of the business world and customers in terms of accelerating Bank services. Currently Mobile Banking is becoming a concern where customer…
This research aims to determine the reformulation of the ideal concept of granting remissions to inmates convicted of corruption crimes in Indonesia, as viewed from the theories of Absolute Punishment and Criminal Law Renewal Theory. It is then linked to several criminal law provisions related to remissions, especially for inmates convicted of corruption. This study focuses on two research …
Perma No. 2 of 2012 reap the pros and cons. Of course the pros and cons are inseparable from the point of view that is used as a foothold. Debate over Perma No. 2 of 2012 seems to have led to the birth of Perma No. 2 of 2012, as reported by a number of media, specifically efforts to foster a sense of community justice, particularly in the resolution of cases involving minor offenses (Tipiri…
One of the problems that occurs quite a lot in the community is the crime of counterfeiting, which can cause a person or a party to feel disadvantaged. In the crime of forging letters, there are often differences in interpreting Article 263 which contains the word can. Even though there are differences of opinion in interpreting offense 263, in reality the loss is not only in material terms…
The law functions to guard and protect society from state power that harms it. However, in reality, there has been a lot of abuse of power committed by government employees, law enforcement officials, the military and even medical staff which has resulted in many victims suffering physical, mental and economic losses, such as the case of Ferdy Sambo (the murder of Brigadier Yosua ), Julia …
The positive fictitious provisions after the issuance of the Job Creation Law Number 11 of 2020 and the Supreme Court Circular Number 5 of 2021 which has increasingly created confusion in carrying out the settlement of cases caused by conflicting arrangements in adjudicating positive fictitious applications. As for the formulation of the first problem, what is the legal protection of the commun…
For child perpetrators whose cases have already been submitted for legal processing, diversion is a way to provide justice. Diversion is carried out as an effort to prevent children from becoming adult criminals. The interesting thing in this research is the resolution of child criminal cases by means of compensation by the perpetrator at the Riau Province Regional Prosecutor's Office. The…
This research aims to see whether or not chemical castration sanctions are applied to sex offenders when viewed from the Relative Theory of Punishment and is associated with several examples of decisions. This research is focused on two problem formulations, namely the application of chemical castration sanctions against sex offenders and the reformulation of chemical castration sanctions,…