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Kajian Ilmiah Hukum dan Kenegaraan | P-ISSN | E-ISSN 3025-2539

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Found 6 items.

Masyarakat sebagai Garda Terdepan dalam Menghadapi Illegal Fishing: Studi Penelitian di Pulau Rempang Kota Batam

Purpose: The purpose of this study is to determine the level of understanding and awareness of the people of Rempang Island regarding the impact and threat of illegal fishing by foreign fishermen on maritime resources and socio-economic life. Knowing the obstacles and potential faced by the people of Rempang Island plays an active role as the front line in efforts to prevent and eradicate illegal fishing. Methodology: The method used is a nomative approach, namely through literature studies, and an empirical approach, namely through field research, by conducting a series of interviews with respondents and informants to obtain field data. Results: The results showed that the people of Rempang Island had a varied understanding of the threat of illegal fishing by foreign fishermen, where most fishermen who interact directly with this practice understand the negative impact on maritime resources and marine ecosystems. However, there is still a group of people who are not fully aware of the long-term impacts of these activities. Although the people of Rempang Island face significant obstacles, such as a lack of resources, education, and coordination in efforts to prevent and eradicate illegal fishing, they also have great potential because of community cohesiveness, traditional knowledge of waters, and solidarity of local fishermen.
Idham Idham, Juhrin Pasaribu , Kaspol Jihad, Ikhlas Muhammad, Al Jatmuazam, Muhammad Haris Fadillah, Khairil Hidayat, Puti Lindung Bulan, Aditya Azhar, Shandy Herizaldi
Pages: 45-51
625 views | 569 downloads
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Analisis Teori Hukum Positif dan Teori Sistem Hukum terhadap Perbuatan Tidak Melaporkan Pelaku Penyalahgunaan Narkotika

Purpose: The purpose of writing this journal is to find out the legal consequences for parent's who do not report narcotics addicts to law enforcement officials, and to know law enforcement efforts in increasing parent's awareness to report narcotics addicts. Methodology: The method used is a normative approach, namely through library research, and an empirical approach, namely through field research by conducting a series of interviews with respondents and informants to obtain field data. Result: The results of the study show that, due to legal consequences for parent's who do not report narcotics addicts to the authorities, that person can be subject to criminal sanctions in the form of imprisonment for a maximum of 6 (six) months or a fine of up to Rp. 1,000,000.00 (one million rupiah). Law enforcement efforts in increasing parent's awareness to report narcotics addicts in Batam City are repressive actions by strictly enforcing the law for anyone involved in narcotics crimes, preventive actions through socialization and working with village officials to increase supervision of narcotics circulation, and persuasive actions by providing formal and non-formal education to the wider community to stay away from and work together to eradicate narcotics which can damage the future of the nation's generation.
Andry Yosep Manalu, Idham Idham, Erniyanti Erniyanti
Pages: 79-86
383 views | 785 downloads
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Analisis Yurudis Proses Penyidikan Tindak Pidana Kekerasan Seksual Menurut Hukum di Indonesia: Analisis Teori Hukum Positif dan Teori Hukum Responsif

Purpose: The purpose of writing this journal is to find out the legal arrangements for investigating sexual violence criminal offenses according to law in Indonesia, and knowing the obstacles and efforts to investigate criminal acts of sexual violence according to law in Indonesia. Method: The method used is a nomative approach through literature study, and an empirical approach, namely through field research by conducting a series of interviews with respondents and informants to obtain field data. Result: The results showed that, the legal regulation of the investigation of sexual violence criminal offenses according to law in Indonesia, namely the criminal acts set firmly and specifically in the Criminal Act of Sexual Violence and also generally regulated by the Criminal Code, but for the investigation process is not specifically regulated in the law -Criminal Acts of Sexual Violence, therefore the law of the event starts from the investigation process to the determination of the court's decision to be regulated in the Criminal Procedure Code. And juridical analysis The process of implementing criminal acts of sexual violence according to law in Indonesia was initially not effective because there was no appropriate legal umbrella and specifically regulating sexual harassment. Conclusion: With a special enlightened regulation of sexual violence, namely Law Number 12 of 2022 concerning Criminal Acts of Sexual Violence, it is expected to protect the victims and become legal umbrellas or legal standing for the police who will handle cases like this, and the perpetrators can given a more deterrent effect so that these cases are reduced even more prevented to occur.
M. Bakti Saleh Silaban, Idham Idham, Erniyanti Erniyanti
Pages: 71-77
566 views | 1562 downloads
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Analisis Yuridis Proses Penyidikan Tindak Pidana Terorisme menurut Hukum di Indonesia: Analisis Teori Hukum Positif dan Teori Hukum Responsif

Purpose: The purpose of writing this journal is to find out the legal arrangements for investigating criminal acts of terrorism according to Indonesian law, and to find out the obstacles and efforts to investigate criminal acts of terrorism according to Indonesian law. Method: The method used is a normative approach, namely through library research, and an empirical approach, namely through field research by conducting a series of interviews with respondents and informants to obtain field data. Result: The results of the study show that the legal arrangements for investigating criminal acts of terrorism according to Indonesian law, namely that criminal acts are strictly and specifically regulated in the Terrorism Law and are also regulated in general by the Criminal Code, however, the investigation process is not specifically regulated in the Terrorist Law. Therefore, the procedural law, starting from the investigation process to the decision of the Court, is still regulated in the Criminal Procedure Code. Obstacles to investigating terrorism crimes according to law in Indonesia are that investigators always have difficulties in finding initial evidence, examining perpetrators who feel they are in the right position, perpetrators are suspected of having psychiatric disorders, low education of perpetrators, and the attitude of perpetrators of criminal acts of terrorism who insist not commit acts of terrorism. Conclusion: The implementation efforts that can be made are that the investigator continues to detain and confiscate evidence, the investigator asks for help from doctors for perpetrators who are mentally ill, the investigator carries out extensive interpretations by expanding the meaning of the words contained in the Terrorism Law against perpetrators with low education.
Raja Zailani, Idham Idham , Erniyanti Erniyanti
Pages: 63-69
232 views | 849 downloads
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Relevansi Penerapan Teori Hukum terhadap Perlindungan Nasabah Perbankan yang Dirugikan oleh Transaksi Internet Banking (Analisis Teori Hukum Positif dan Teori Utilitas)

Purpose: The purpose of writing this journal is to find out the legal arrangements for the protection of banking customers who are harmed by internet banking transactions, and to know the relevance of the application of legal theory to the protection of banking customers who are harmed by internet banking transactions. Method: The method used is a normative approach, namely through library research, and an empirical approach, namely through field research by conducting a series of interviews with respondents and informants to obtain field data. Result: The results of the study show that the legal arrangements for protecting banking customers who are harmed by internet banking transactions are regulated in Law Number 8 of 1999 concerning Consumer Protection, Bank Indonesia Regulation Number 10/10/PBI/2008 concerning Settlement of Customer Complaints, Regulations of the Financial Services Authority Number 1/POJK.07/2013 concerning Consumer Protection in the Financial Services Sector, and Bank Indonesia Circular Letter Number 9/30/DPNP concerning Implementation of Risk Management in the Use of Information Technology by Commercial Banks. The relevance of the application of legal theory to the protection of banking customers who are harmed by internet banking transactions. The application of law through legal theory in Indonesia from the perspective of philosophy of science can be seen from the legal protection that occurs. Legal protection as an effort to uphold justice, customers can claim compensation from the bank if there is a system error caused by an internet banking transaction, but this provision does not apply if the error is caused by the act or omission of the customer and the bank is required to warn customers about the risks of using the internet banking
Ardyansyah Yacob, Idham Idham, Erniyanti Erniyanti
Pages: 53-61
294 views | 740 downloads
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Perlindungan Hukum terhadap Anak yang jadi Korban Prostitusi demi Mewujudkan Nilai Keadilan

Purpose: The purpose of this study is to determine the legal protection of children who are used as prostitution according to positive law in Indonesia, and the obstacles and efforts to protect the law against children who are used as prostitution. Method: The method used is empirical juridical research, namely research through a series of field interviews with respondents and informants. Besides that, it also uses normative research, namely research through library research. Result: Legal protection for children who are used as prostitution according to positive law in Indonesia is regulated in the Child Protection Act, the Law on Trafficking in Persons and the Law on the Protection of Witnesses and Victims which includes the provision of rehabilitation, supervision, and the provision of strict sanctions against perpetrators . Obstacles to legal protection for children who are used as prostitution in Batam City are that there are no specific legal arrangements regarding child prostitution, a lack of special escort personnel for child victims of prostitution, and a lack of human resources in the field of children. Conclusion: Efforts to overcome this are utilizing existing legal provisions, increasing coordination and cooperation with agencies related to children, and maximizing the performance of existing officers.
Rudy Tarigan, Idham Idham, Erniyanti Erniyanti
Pages: 43-51
259 views | 838 downloads
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