Suchergebnisse

This research focuses on efforts to provide solutions in resolving social conflicts that occur between the community and the company PT Silva Inhutani at Register 45 in Mesuji Lampung, which has been running for 14 years (2005-2019), but within that period there has not been a comprehensive settlement. This article is one of the solutions in realizing legal justice so that social conflicts in the Register 45 Mesuji Lampung do not cause futile casualties. We also found that monopolistic practices were carried out by the company in implementing the partnership policy issued by the government and the practice of intimidation by the company using thugs to ban and evict land that was worked on by the community at the Register 45 Mesuji Lampung. Some of the most successful references in resolving social conflicts found by journal authors, they are Pham Huu Ty et al (2013), Rafael Reuveny et al (2007), Franks et al (2014), Ismael Rafols et al (2012), Buijs et al. (2012) 2013), Lambin et al (2001) and Pauline E. Piters (2004), whose research was carried out in countries; Vietnam, Latin America, England and Africa. The approach used in resolving social conflicts is the "legal justice" approach between the community and the company.Keywords: Solution, Social Conflict, Register Land, societies, company.

The data presented in this study are legal facts that come from informants who are directly involved in the investigation of corruption crime at Lampung Provincial Health Office, conducted by the High Prosecutor Attorney Lampung as well as the Prosecutor and the decision of the Panel of Judges who tried the case of corruption of Ambulance procurement project, Mobile Hospital support unit, 4 WD Ambulance sourced from APBD Lampung Province in 2013 worth of IDR 7,600,000,000.00 (seven billion six hundred million rupiah). The result of research is that corruption crime in Indonesia is done by more than one perpetrator, which is divided in two variables that support each other that is between leader and subordinate. This variable is consistent with the conclusion of Lambsdorff's research which states "there is a strong relationship between the head and subordinate in a corruption act called 'corrupt head' and 'corrupt subordinate'. Lambsdorff research results are used as a knife analysis in exploring the factors that strongly influence the occurrence of corruption in Indonesia (International Journal Elsevier, 2016). When examined from the sociological aspect, about the criminal acts of corruption that occur in Indonesia, it turns out that the perpetrators of corruption in performing acts are not alone, but more than one person, divided into 2 (two) groups, namely the superior group as the holder of power / authority and subordinate group as the executor of the activity. In this study it is found that the factors that encourage perpetrators to commit criminal acts of corruption is the existence of sociological factors, among others; factor of proximity / trust between superiors and subordinates, feelings of indebtedness of subordinates, because they have been promoted to good positions.

Legal sanction of Kesepekang is a moral sanction that has been a habit in Balinese custom society and has been done from generation to generation, both the one in Bali and outside Balinese custom society. The implementation of Kesepekang sanction currently is considered by the intellectuals of Balinese custom society as a behavior that violates social values in society. In its development, legal sanction of Kesepekang has been politicized as a factor causing the occurrence of custom society disharmony, both the one in Bali and outside Bali. This society resistance has weakened the function of Balinese customary law sourced from one of Hinduism belief which is "believing the presence of karmaphala (result from behavior) law." The issue occurring in Balinese custom society, especially the one in the Province of Lampung, is "whether the legal sanction of kesepekang is still relevant if it is applied in Balinese traditional system." Based on the observation result, the term of Kesepekang is the attitude of "silence" that is done by the other members of customers who do not obey the customary regulations in their groups. Certain groups consider that the legal sanction of Kesepekang has violated human nature as social beings. To prove this argument, a study entitled: Legal Sanction of Kesepekang in Balinese Customary System–(In Perspective: Empiricism Theory of David Hume) is conducted. The result of the study can be concluded that the legal principles in Kesepekang sanction are the law of causation (causality), which each action certainly affects "when doing good, the result will be good – when doing bad, the result will be bad." In the perspective of David Hume's Empiricism theory, Kesepekang sanction is a sensory experience that occurs in custom society. Experience, according to David Hume, is the only source of knowledge, so the act of "silence" done by the member of custom as the effort in giving punishment to the member of customer who does not obey is a reality received by sense as an experience. Keywords: Kesepekang Legal Sanction, Empiricism Truth Theory

The problem of diversion is often used as a legal reason for the parties involved as a suspect in a crime committed by a minor, both for the purpose of defense and in an attempt to avoid a suspect from imprisonment stipulated in the provisions of the law. Diversi as stipulated in Article 1 point 7 of Law Number 11 Year 2012, on the Criminal Justice System of the Child, is the transfer of the settlement of child cases from the criminal justice process to proceedings outside the criminal justice.In the case of the transfer of cases of perpetrators of minor offenses, there have been various perceptions or differences of legal views, especially the understanding of "repetition of criminal acts". In criminal law theory the term repetition of a criminal offense is the same offense committed by a person more than once. In social life in society the perpetrator is called a residivist. In the process of investigating the application of the versions of underage residivists is a legal policy undertaken by the investigator in assessing whether the perpetrator deserves a diversion or not.The result of the research can be concluded that the implementation of the diversion for underage perpetrators who perform repetition of acts in legal theory and legislation can be done as a form of police discretion conducted by investigators. The discretion made by the investigator is done on the coordination of Police investigators with other agencies, especially the Court, BAPAS, the victim's parents and the Legal Counsel accompanying the victim and other related parties.The problem of diversion is often used as a legal reason for the parties involved as a suspect in a crime committed by a minor, both for the purpose of defense and in an attempt to avoid a suspect from imprisonment stipulated in the provisions of the law. Diversi as stipulated in Article 1 point 7 of Law Number 11 Year 2012, on the Criminal Justice System of the Child, is the transfer of the settlement of child cases from the criminal justice process to proceedings outside the criminal justice.In the case of the transfer of cases of perpetrators of minor offenses, there have been various perceptions or differences of legal views, especially the understanding of "repetition of criminal acts". In criminal law theory the term repetition of a criminal offense is the same offense committed by a person more than once. In social life in society the perpetrator is called a residivist. In the process of investigating the application of the versions of underage residivists is a legal policy undertaken by the investigator in assessing whether the perpetrator deserves a diversion or not.The result of the research can be concluded that the implementation of the diversion for underage perpetrators who perform repetition of acts in legal theory and legislation can be done as a form of police discretion conducted by investigators. The discretion made by the investigator is done on the coordination of Police investigators with other agencies, especially the Court, BAPAS, the victim's parents and the Legal Counsel accompanying the victim and other related parties.

Hoax and Hate Speech are cyber-crimes that are closely related to ideological, political and religious issues. In Indonesia, just before the 2019 Presidential Election, this crime is very common, mainly used to attack political opponents. In this study, we provide several samples of Hoax and Hate Speech crimes, namely those with ideological, political and religious nuances. We consider these three crime samples to be sufficient to illustrate that Hoax and Hate Speech greatly influence the stability of domestic security. Based on the results of research conducted at the Directorate of Cyber Crime Enforcement of the Indonesian Police Criminal Investigation Agency, we can conclude that the strategic steps that must be taken to tackle Hoax and Hate Speech are Preventive Efforts in the form of Cyber Patrol, Hoax labeling, analyzing media opinion trends, dissemination positive news through text media, clarification and public information, security carried out by cover names, cover jobs, and cover stories, and countermeasures. Then, to provide a deterrent effect to the community, repressive efforts through law enforcement activities must be carried out including investigations by means of the Cyber Patrol to find cyber-crime, providing technical assistance and tactical investigations, investigating units in the region in order to uncover networks of cyber perpetrators, providing assistance in examining digital evidence, and cooperating by exchanging information for the purpose of researching and investigating cyber-crime. With the coping methods described above, especially inter-regional police cooperation that is centrally controlled by maximizing technology, the Indonesian police are able to uncover and dismantle networks of cyber-crime perpetrators that occur in Indonesia such as hoaxes, hate speeches and terrorism.

Corruption is deeply rooted in Indonesia. This fact is undeniable when this crime has occurred at the lowest government level, namely in the village government. One sample of cases raised in this study is the alleged Corruption Crime committed by the Head of Tanjungsari Natar Village, South Lampung, named Robangi. The problems examined in this alleged criminal act are the factors causing the perpetrator to commit the criminal act of corruption. Second, the pattern of countermeasures carried out by APIP in resolving the case. The method used is qualitative and in the research data collection using a normative juridical approach and empirical juridical. Meanwhile, the theory used as a knife of analysis is the theory of Non-Penal Policy proposed by Muladi and Barda Nawawi Arief, which states that "non-penal policy is the prevention of crime which prioritizes the prevention of crimes committed by guidance, aims to prevent before the crime occurs, and/or the perpetrator does not repeat his actions".The results showed that the factors causing the perpetrator to commit these acts were because the project implementation was not following the proposal, the use of funds was not per the project proposal (total loss), the reason was that at the request of the community, the planned construction was moved to another place. This act is procedurally violating the SOP for the management of state finances. However, empirical facts prove no state loss in the corruption crime allegedly committed by the village head. Based on these facts, APIP South Lampung Regency has implemented a countermeasures policy by imposing administrative sanctions on the village head of Tanjungsari, Natar District, South Lampung.

The authority to calculate the state losses in corruption, until now, is still a problem that must be addressed with government policy in conducting investigations Audit Board of the Republic of Indonesia (BPK) and Financial and Development Supervisory Agency (BPKP). Both of these bodies in issuing products for calculating state losses, apply different process of completing the product of the investigation conducted. Information from Indonesian Republic Police (Polri) investigators prefer the BPKP as a partner in determining state losses in a criminal act upon request of the investigators to BPKP to calculate the state losses. The method used in this study normative research and the approaches used are juridical and empirical approaches. The results of the study is BPK pursuant to Law No. 15 of 2006 has the authority to calculate State losses carried out by the Main Investigator Auditor (AUI) which has the authority to conduct Investigation Examinations, Although the Supreme Audit Agency Acts and has the authority to calculate State losses,. In addition to the BPK there are other bodies that have the authority to calculate State lossesy, that is Corruption Criminal Investigators that are more likely to use BPKP to calculate State losses compared to BPK.