YURISDIKSI : Jurnal Wacana Hukum dan Sains

Implementation of a Development Program for Elderly Convicts at the Class I Penitentiary in Medan

Arifin Alexander — Sun, 30 Jun 2024 00:00:00 +0700

The aim of this research is to analyze and understand the implementation of guidance for elderly prisoners at the Medan Class I Penitentiary. This research method uses a juridical-empirical research method, the data obtained from this research is processed and analyzed quantitatively descriptively. Where all data obtained is analyzed in its entirety to give rise to a systematic and factual picture. After analysis, the author draws conclusions which will ultimately result in preventive and normative actions regarding the problems that have been raised. The results of the coaching research carried out by the Medan Class I Correctional Institution are in accordance with Law Number 22 of 2022 concerning Corrections. As well as the implementation of coaching for inmates based on Government Regulation 31 of 1999 concerning the Guidance and Guidance of Correctional Inmates, where the aim of coaching is to shape corrections inmates to become human beings who realize their mistakes, improve themselves, and not repeat criminal acts again, so that they can be accepted again. in the community environment and in the final stage entering the integration process carried out by the Correctional Center (Bapas). Personality and independence development has been implemented for all elderly correctional residents in accordance with the rights that must be fulfilled. In undergoing guidance, elderly prisoners also obtain their rights based on Law number 13 of 1998 concerning the welfare of the elderly. This is proven by the presence of one of the elderly residents who received training and the opportunity to work in the field of work activities, especially sewing activities.

Delay of Death Crime Execution With A 10 Year Probation Period From A Human Rights Perspective

Yohanes Gemilang Febrian, Tanudjaja — Sun, 30 Jun 2024 00:00:00 +0700

The research objective in this research report is to find out how human rights consider that someone who threatens public safety can be sentenced to death and to find out how judges consider in deciding cases of executing the death penalty with a probation period of 10 years.The research method used in this research is a normative juridical research method where the data sources come from laws, books, journals and the internet. The research approach used in this research is a qualitative approach. The results of the research in this writing are firstly thatThe existence of the death penalty in the legal system in Indonesia is reviewed from a human rights perspective, namely that it is contrary to human rights, especially the right to life. The two judges imposed the death penalty with a probationary period of 10 (ten) years taking into account: a. the defendant feels remorse and there is hope to improve himself; or b. the role of the defendant in the crime. The death penalty with a probationary period as intended must be included in the court decision. The grace period for the 10 (ten) year trial period begins 1 (one) day after the court decision obtains permanent legal force. Postponement of the execution of the death penalty which has been stipulated in writing in Article 100 of the National Criminal Code. In Article 100 paragraph (1) of the National Criminal Code, it is stated that the execution of the death penalty is determined by postponing the death penalty for 10 (ten) years which takes into account two conditions, namely, a feeling of regret and efforts to improve oneself and the role of the death penalty defendant in the crime. Furthermore, Article 100 paragraph (4) of the National Criminal Code states that if the convict has good behavior, then with a presidential decision based on the consideration of the Supreme Court, the death penalty can be changed to life imprisonment. Based on this background, the problem formulation in this research report is: How do human rights consider that someone who threatens public safety can be sentenced to death and how do judges consider when deciding on death penalty execution cases with a probationary period of 10 years.

Uridical Reviewon Drug And Cosmetics Imported Chinese Products That Do Not Include Indonesian Language Labels

Yeyen Handoyo, Mohammad Roesli, Bastianto Nugroho — Sun, 30 Jun 2024 00:00:00 +0700

The aim of this research is to find out the consumer protection for imported Chinese medicinal and cosmetic products that do not include Indonesian language. This research uses the method. Result The form of consumer protection against the distribution of imported Chinese medicinal and cosmetic products that do not include Indonesian is a form of preventive protection, namely a form of protection with the existence of several regulations such as the UUPK, while repressive protection itself cannot be carried out optimally, this is because consumers themselves do not report when product incompatibilities occur.

Implementation of the Electronic Criminal Case File Transfer System

Desi Apriguna Singarimbun, Kartina Pakpahan — Sun, 30 Jun 2024 00:00:00 +0700

The aim of the research is to find out the implementation mechanism for the electronic criminal case file transfer system, legal review and supporting and inhibiting factors for the implementation of the electronic criminal case file transfer system at the Binjai District Court. This research method uses empirical law, empirical law (empirical legal research), which is a type of legal research that analyzes and studies the operation of law in society. The results of electronic research into Integrated Criminal Files (e-Berpadu) are the Integration of Criminal Files between Law Enforcement Agencies. The Law Enforcement Agencies in question are the Police, Prosecutor's Office, Institution Correctional and District Courts throughout Indonesia. The e-Berpadu application is here to realize the digitization of Criminal Case Administration and cut long bureaucratic procedures to create effectiveness and efficiency service criminal cases which are expected to improve services for people seeking justice. However, in the process there are still obstacles such as applications that have not been well socialized, lack of professional human resources and Not yet the public of every party related to the system.

Legal Arrangements Regarding Dispute Resolution Through Mediation In Civil Cases

Sri Anggraini Kusuma Dewi — Sun, 30 Jun 2024 00:00:00 +0700

Settlement of land disputes can be done through mediation or a peace process, meaning that the parties to the dispute submit the resolution to a mediator to achieve a fair final result, without wasting huge costs. The requirement to carry out mediation applies to court case processes, both in general and religious courts. One of the provisions of article 2 of the Supreme Court Regulation Number 1 of 2016 concerning Mediation Procedures in Court is that the provisions that must not be ignored are that the decision is null and void if the mediation procedure is not carried out based on the Republic of Indonesia Supreme Court Regulation Number 1 of 2016 concerning Mediation Procedures in Court. Article 3 (2) of the Republic of Indonesia Supreme Court Regulations states that the Case Examining Judge in considering the decision must state that efforts have been made to reconcile the case through mediation by naming the mediator. This article will review mediation in civil cases. The implementation of the Republic of Indonesia Supreme Court Regulation Number 1 of 2016 concerning Mediation Procedures in Court, which can be the main option in resolving civil cases so as to reduce the buildup of the number of civil cases in court and be more profitable.

The Role of Correction Guardians In The Development of Private In Class I Surabaya Criminal Institutions

Agung Wibowo Darmawan, Priambodo Adi Wibowo, Asep Heri — Sun, 30 Jun 2024 00:00:00 +0700

Sanctions for criminal acts committed. The role of correctional guardians is needed in the process of fostering Correctional Families who are the target of coaching carried out in Correctional Institutions. This research is a qualitative research with a descriptive approach that aims to describe the role of correctional guardians in fostering correctional inmates in Class I Lapas Surabaya. Data collection techniques are carried out by means of observation, interviews, and documentation. Data analysis techniques begin with data collection, data reduction, data triangulation, data presentation and drawing conclusions and verification. The results of this study indicate that the coaching process at Class I Lapas Surabaya is running effectively according to the goals of correctional through the role of correctional guardians as facilitators, communicators, and motivators. Efforts that need to be maximized in coaching require psychologists or special social workers as correctional guardians.

Polairud In Overcoming the Crime of Human Smuggling (People Smuggling) in the East Coast Region of North Sumatra

Giri Pratomo, Elvira Fitriyani Pakpahan, Kartina Pakpahan — Sun, 30 Jun 2024 00:00:00 +0700

The aim of the research is to determine the factors that cause people smuggling and their role POLAIRUD in overcoming the crime of human smuggling in the East Coast Region of North Sumatra. The research method uses empirical juridical legal research methods. Empirical legal research in the form of community legal behavior. The data source for empirical legal research is not based on written positive law, but rather the results of observations at the research location. Result Polairud needs to advocate for policies that support increased budgets and resources allocated for operations in water areas. With adequate financial support, Polairud can expand the reach of its operations and increase the effectiveness of law enforcement in strategic but challenging areas such as the east coast of North Sumatra. These suggestions, if implemented well, can help Polairud strengthen its role in protecting Indonesia's territorial waters from the threat of people smuggling and ensure fairer and more effective law enforcement.

Legal Responsibilities of Taxpayers Intentionally Not Reporting SPT Correctly

Rogantino Sampetua Pasaribu — Sun, 30 Jun 2024 00:00:00 +0700

The source of revenue in Indonesia was divided into two: domestic revenue and foreign revenue. In this regard, tax was one of the sources of domestic revenue. The tax was also one of the largest revenue sources for Indonesia. The tax collected by the state on its citizen included income tax, value added tax, sales tax on luxury goods, revenue stamp, and certain land and building tax. Likewise one of the cases that would be analyzed by the recent research was how was the legal sanction given to the taxpayers who intentionally not reporting tax return properly. Thus, it could reduce state income and hamper public welfare. Such problem was really unfortunate and unexpected since this problem could lead state losses in terms of infrastructure development or national or international economy. The research design used in arranging this recent research was normative research. Article 39^th of Tax Law has regulated that whoever deliberately failed to submit his tax return, or submit the tax return, but the information and content was false and incomplete, which might harm state revenue, would be subject to criminal sanction. The fulfillment in tax payment was really required, but when this thing was not fulfilled by those taxpayers, they would be subject to legal sanction, since they did not fulfill what they were supposed to do. The sanction would be in form of administrative sanction and also criminal sanction. Those legal sanctions were more prioritized for the taxpayers who deliberately failed to submit their tax return properly, which might subject them to legal sanction.

Debt Settlement Strategy: Concurrent Creditor Rights And Debtor Asset Security

Agung Wijayanto, Sunny Ummul Firdaus, Heri Hartanto — Sun, 30 Jun 2024 00:00:00 +0700

This research analyzes debt settlement strategies in fulfilling the rights of concurrent creditors to the debtor's assets used as debt collateral, considering Aristotle's concept of proportional justice. Through a normative juridical approach, this research explores applicable laws and regulations, case studies, and related literature to understand the dispute resolution mechanism between concurrent creditors and preferred creditors. The results show that the main challenge in achieving proportional justice for concurrent creditors arises when the debtor's assets are insufficient to fulfill all debt obligations. Some debt settlement strategies identified include debt restructuring, rescheduling payments, and mediation or arbitration mechanisms. Discussion of the research results highlighted the importance of legal protection for concurrent creditors in debt settlement, which aligns with Aristotle's concept of proportional justice. Policy recommendations include the expansion of the court's authority to handle cases involving conflicting creditor rights. This research is expected to contribute to the development of fairer and more effective policies for concurrent creditors and provide practical guidance for legal practitioners in handling cases involving debtor asset collateral.

Legal Analysis of the Establishment of a Sole Proprietorship Based on PP No. 8 of 2021

Esekiel Tarigan, Widodo Ramadhana, Dody Ariyanto — Sun, 30 Jun 2024 00:00:00 +0700

The government formed a draft law on job creation which aims to facilitate the business climate in Indonesia. This bill is included in the 2020 Prolegnas priority list and is expected to increase Indonesia's ease of doing business ranking in the world, especially related to indicators of starting a business which lags behind neighboring countries and ranks fifth at the ASEAN level. For this reason, the Government has created a breakthrough so that everyone can easily start a business, especially for Micro and Small Enterprises (UMK). A number of clusters of Draft Laws have been prepared and one of these sub-clusters is related to the formation of business entities. In order to realize the ease of doing business, there is a need to form a new type of business entity, especially for Micro and Small Enterprises in the form of a Limited Liability Company (PT) which was established by one person. Individual Limited Liability Companies are expected to provide convenience for Micro and Small Business actors in forming companies with minimum requirements and capital. By using the normative juridical method, this article discusses the concept of an individual limited liability company by comparing the arrangements with other countries so that it can be a lesson for Indonesia if it wants to make this happen. From the results of the study, appropriate and comprehensive arrangements are needed in order to realize a Limited Liability Company for Micro and Small Businesses in order to support the ease of doing business in Indonesia.

Fulfillment of Child Custody Rights After Divorce According to Law Number 35 of 2014 concerning Child Protection

Yovan Endik Irawanto, M Hidayat, Handyka Prayogi Lesmono — Sun, 30 Jun 2024 00:00:00 +0700

Children are a trust and gift from the Almighty God, in whom the honor and dignity of being a complete human being is inherent, and every child who is born has his rights. The aim of this research is to fulfill custody rights for minor children after divorce, reviewing Law no. 35 of 2014 concerning fulfillment of child custody rights after divorce. The research method uses empirical methods through a qualitative approach. The results of research reviewing child custody after divorce in Indonesia in Law Number 35 of 2014 concerning child protection, its implementation has not been fully resolved properly, so it can be said that children's rights have not been fully protected. Neglect of children's rights to receive care from their own parents, neglect of Article 14 concerning children's rights to receive care, maintenance, education and living expenses. and Ignoring Article 26 concerning the obligations and responsibilities of parents in caring for, protecting and educating children.