Judge courage needed in deciding adultery cases in article 284 of the Criminal Code for perpetrators who have not been bound by marriage, the judge can apply based on the 1945 Constitution and the Law on Judicial Power, which states the source of law is not only the Law (expansion of the principle of material legality) but can also source from code that lives in the community (customary law). This research is intended to analyze and describe the penal policy (criminal law policy and politics of criminal law) concerning adultery in Indonesia. This research uses normative legal research, where the Author analyze and compare all laws and regulations concerning to adultery in Indonesia and some theories of adultery in global context. This paper emphasized that adultery not only against religious values but also customary values (customary law). The formulation of adultery concept in Indonesian Penal Code affected by religious teachings and national ideology of Pancasila.
The Election of Village Heads (Pilkades) as a form of implementation of democracy in Indonesia at a smaller level, within the village, often causes many problems. One of the problems that arises with regard to money politics in organizing Pilkades. In fact, the principles of holding general elections, in this case the Pilkades, must also be in accordance with the applicable laws and regulations. The absence of control and law enforcement that are clearly related to fraud in the implementation of the Pilkades makes democracy not as expected. This paper examines the various potential acts of corruption that occur in the election of village heads.
The emergence of several large cases of migrant workers in Malaysia and Singapore as well as in several Middle Eastern countries, especially Saudi Arabia, made all the nation's components flinch. Many people argue that the problem occurs because of the low level of education of migrant workers. There are also those who say that this problem occurs because employers of Indonesian labor services companies (Pengerah Jasa Penyalur Tenaga Kerja Indonesia, PJTKI, now called Perusahaan Penyalur Tenaga Kerja Indonesia Swasta, PPTKIS) are not nationally minded and only pursue profit (profit-oriented). There were also those who argued that the cases of migrant workers occurred due to the inactivity of regulative and punitive functions of the Government of the Republic of Indonesia. Based on the background above, the problem can be formulated is how the urgency of legal protection for Indonesian migrant workers abroad and how the legal protection model for Indonesian migrant workers abroad. Research carried out at BP3TKI and the Semarang Manpower and Transmigration Office underlined that legal protection for Indonesian migrant workers abroad is very important. The urgency in legal protection due to fulfillment of the rights of victims who work legally abroad but also cannot be fully implemented properly, due to differences in legal systems with migrant workers recipient countries that do not necessarily want to protect the rights of migrant workers who experience treatment not please from their own citizens. The migrant workers who work illegally the government has not been able to fully protect the rights of victims who have experienced criminal acts. The legal protection model for migrant workers currently emphasizes the fulfillment of victims' rights who work legally abroad, such as obtaining legal assistance from a local lawyer appointed by the ambassador of the Republic of Indonesia in the country receiving the migrant workers, mentoring by psychologists and clergy, bringing the families of victims, compensation, and insurance claims. And at the same time, for migrant workers who work illegally the government has not been able to fully protect the rights of the victims.
Kecelakaan yang sering terjadi di jalanan mendorong badan legislatif untuk membuat Undang–Undang No. 22 Tahun 2009 tentang Lalu Lintas dan Angkutan Jalan. Sebenarnya, Undang–Undang No. 14 Tahun 1992 tentang Lalu Lintas dan Angkutan Jalan telah banyak mengatur tentang urusan lalu lintas tetapi karena perkembangan cara berlalu lintas sehingga peraturan yang terdapat di Undang–Undang No. 14 Tahun 1992 tidak sesuai lagi sehingga perlu diganti dengan peraturan terbaru yang terdapat dalam Undang–Undang No. 22 Tahun 2009. Sosialisasi UU No. 22 Tahun 2009 telah dilakukan kepolisian tetapi masyarakat ada yang menerima peraturan tersebut (pro) dan ada yang tidak menerimanya (kontra). Tujuan kegiatan pengabdian ini, yaitu: a) mengetahui pengaturan lalu lintas dalam UU No. 22 Tahun 2009, b) mengetahui dampak pelanggaran lalu lintas, c) mengetahui bentuk sanksi yang bisa diterapkan bagi pelanggar UU No. 22 Tahun 2009. Berdasarkan pengamatan tim selama melaksanakan kegiatan, peserta nampak serius dan sungguh-sungguh dalam mengikuti acara sampai akhir. Sebagai bukti adalah terjalinnya sikap pro aktif dengan bertanya sehingga terjadi interaksi. Tim pengabdian memberikan saran agar kegiatan sosialisasi dilaksanakan secara berkelanjutan ataupun sosialisasi kesadaran hukum dengan materi yang lain karena di masyarakat pedesaan ternyata banyak pemahaman hukum yang belum diketahui.
Analysis of the level of vertical synchronization Regional Regulation No. 13/2004 witu the Law No. 32 of 2009 needs to be done with regard to the mechanism of licensing and environmental management authority. To overcome the barriers in terms of supervision, counseling needs to be done at neighborhood related new building is right. The Regional Regulation does not give a detailed explanation about the administrative sanctions so that in practice sanctions are rarely performed. The government needs to encourage responsible business and/or activity to conduct an en-vironmental audit. As implementers at district level Gunungpati, the government should also establish environmental auditor district.Key words: licensing, controling, criminal sanctions, environmental auditing
Elections become the biggest democracy event in Indonesia which not only has an impact on the political and legal aspects, but also social and education. One of the problems in the context of democracy and elections in Indonesia is to support the mainstream media for certain pairs of candidates or parties so that in many cases uneven, biased and tendentious news is found. This paper looks at the form of criminal responsibility for media alignments in the election campaign. Is this form of partiality included in the realm of Criminal Law. This paper looks at various cases that have occurred and compares them.
The purpose of this study is to explain and describe how the formulation policy of weekend detention in Indonesia's positive law and how the formulation policy of weekend detention in the Indonesian criminal law reform in the future (ius constituendum). This research uses normative juridical method of research which is legal research conducted by examining the library material in the form of secondary data such as law or library material as well as other documents that support and data retrieval technique used is library research techniques and analysis of data used is interactive analysis model. The results showed that (1) criminal formulation policy the weekend detention in Indonesia's positive law of the arrangement in the correctional Institution is not regulated about the policy of weekend detention. However, in Indonesian positive law formulation has an assimilation program which is one of the programs in the actual criminal implementation almost resembles a weekend detention system. (2) The policy formulation of the weekend detention in the renewal of Indonesian criminal law (penal policy) can be done by the study of the law comparative countries such as France, Portugal, Vanuatu, Queensland and New South Wales that have implemented a relatively advanced prison system that is the weekend detention. The formulation of weekend detention that is expected to be valid in Indonesia in the future is to develop it firmly in the draft Penal code and paste it in article 65 the Draft Penal code or if the government is about to arrange codification in the law of criminal implementation, the weekend detention is entered in one of the types of criminal sanctions.
Fulfilment and protection of human rights in all aspects is a form of Constitutional Rights for Citizens that must be fulfilled by the State. Basic human rights also under no circumstances can be reduced even deprived. However, the fact is, human rights regulated in various laws and regulations in Indonesia have not been maximally implemented. The fulfilment and protection of human rights also faces its own challenges in implementing it in certain cases, for example disasters such as Pandemic Covid-19. Various legal instruments, both central and regional, were created to deal with and resolve the Covid-19 Pandemic problem. This study aims to examine the implementation of the fulfilment and protection of human rights in special situations such as Covid-19 Pandemic. This research is limited to the Semarang City area. This study wanted to find out and analyze various aspects of law and human rights in the implementation of various policies related to Covid-19 in the City of Semarang. This study seeks to find challenges and problems in the protection and fulfilment of human rights in the city of Semarang in the Covid-19 Pandemic. The method in this study uses empirical research, where researchers directly go to the field. The planned data was obtained from various related agencies in the city of Semarang, the community, and related NGOs. This research will assist the government in mapping human rights fulfilment policies in national disaster situations in this case the Covid-19 Pandemic.
Reforming the criminal application legislation in the national legal system is critical. This research uses the paradigm of legal constructivism and the type of research used is juridical-sociological. Criminal law enforcement regulations are currently still scattered in various laws and regulations, it is not impossible that they will disrupt the law enforcement system, especially in the implementation of criminal decisions/actions. Character building is an effort to establish a conservation value system to achieve the value of justice, the value of certainty and the value of benefit in law enforcement for the implementation of criminal law. Therefore, efforts are needed to enforce the law on the implementation of criminal law through a juridical-scientific-religious approach that is oriented (guided) on "science" (criminal implementation law) and "God's guidance". The juridical-scientific religious approach is realized as a concrete effort to reform the law through reforming the substance and culture of the law. In reforming the legal substance, the religious approach is carried out by making religious teachings a source of motivation, inspiration, and creative evaluation source in building legal people with noble character, so that concrete efforts must be developed in the content of national legal development policies.
Illegal fishing in Indonesia is at an alarming point, that the Ministry of Maritime Affairs and Fisheries made a policy of ship sinking. There are pros and cons related to these sanctions, not even a little resistance from both the internal government itself and the mafia who have been enjoying the results of Illegal Fishing. The sustainability of this policy has been almost 4 years. Data represents that through this policy, illegal fishing has dropped dramatically, so that when viewed in terms of criminal penalties for deterrence (absolute theory), the policy is very effective. However, whether the policy has an impact on the income of local fishermen, logically, when there is illegal fishing of small fish, the income of local fishermen increases. In order to figure out the effectiveness of illegal fishing sanctions in relation to increasing local fishermen's income, the researchers determined the location of the study in the Tambak Lorok Fishing Village in Semarang.
Corruption is one of Indonesia's biggest problems. Various efforts have been made not only in enforcement of corruption cases, but also in various preventive efforts. Kebumen Regency is one of the poorest districts in Central Java with a high rate of corruption among other city districts in Central Java. Several large-scale corruption cases also involved the Kebumen district government. Various attempts have been made, but anti-corruption attitudes must be encouraged. One of them is through various educational networks. The anti-corruption character strengthening program for students is the basic provision for the nation's next generation to not only eradicate corruption collectively but also have high integrity. This program is carried out at SDN Tlogodepok, Kebumen Regency where through this program an anti-corruption character will be formed for students as an anti-corruption fortress from an early age. This program will be implemented in several methods: (1) lectures and outreach, (2) anti-corruption games, (3) anti-corruption learning assistance, (4) initiation of honesty stalls, (5) formation of anti-corruption student cadres, and (6) establishment of an integrity zone at SDN Tlogodepok
