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KESADARAN HUKUM MASYARAKAT BENGKALIS TERHADAP PELANGGARAN LALU LINTAS MUHAMMAD ZAINAL; Erdianto Effendi; Dessy Artina
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Traffic and road transport in Indonesia has a very important and strategic role so that the organizers are controlled by the state, and its guidance is carried out with the aim of realizing the safe and smooth, safe, smooth and efficient traffic and road transport. In Indonesia the regulation on traffic and national road transport is regulated in Law of the Republic of Indonesia Number 22 Year 2009 on Traffic and Road Transportation. This law provides the basis and guidance on enforcement of traffic violations. The number of traffic violations in the Bengkalis District region from year to year is increasing, indicating the lack of public awareness in traffic order. The details of the number of violations obtained from the Police of the Republic of Indonesia Regional Riau Resort Traffic Unit Bengkalis Polres Year 2016 Violations 6,993, 2017 Violations 10,551.The type of research used by researchers is a type of sociological legal research, namely legal research conceptualized as a social institution that is in real terms associated with other social facts. The nature of this study is descriptive that is to provide accurate data about humans, legal factors, conditions or symptoms.From the research result Bengkalis community awareness level in the orderly traffic is still in the value of less and has not run optimally in accordance with the expected by traffic law. But the Bengkalis District Traffic Police has enforced the law against traffic violations, with repressive efforts that constitute activities covering two educative and juridical prosecutions. Educative act of repression in the form of reprimand and warning. While the jurisdiction is the action carried out by a ticket or a fine, legal awareness can be raised in several parameters, among others, in terms of the form of violation, the implementation of the law. Increased awareness of Bengkalis community law can basically be done through two ways, namely in the form of education. One of the efforts made is the direct socialization to the field, school, and directly to the village community. The result of the research shows that the causal factor of traffic violation by vehicle riders in Bengkalis City is caused by the man himself due to lack of awareness of traffic rules and other human interests, causing careless, negligent, even deliberate people to become the dominant factor of traffic violation in Bengkalis city.Keywords: Legal Awareness, Law Violations, Traffic
STUDI KOMPARASI PERBUATAN PEMBELAAN DIRI OVERMACHT, NOODWEER DAN NOODWEEREXCES DALAM PERSPEKTIF KITAB UNDANG-UNDANG HUKUM PIDANA: STIH MUHAMMAD ZAINAL
JUSTNESS - Jurnal Hukun dan Agama Vol 2 No 1 (2022): Maret 2022
Publisher : STIH Zainul Hasan

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Abstract

Abstract The Criminal Code that we know is Positive Law that applies in Indonesia, especially those relating to criminal acts or actions that harm others as legal subjects, the Criminal Code (KUHP) is included in the Lex Generalis category or Public Law which regulates the rules for people who commit violations, however, the articles in the Criminal Code do not entirely include paragraphs regarding legal sanctions for perpetrators of criminal acts, but there are several articles that fall into the category of acts that are not criminalized, especially in Book I Chapter III of the Indonesian Criminal Code. the Criminal Law Act which regulates Matters that Eliminate Criminal Offenses which are regulated from Article 44 to Article 52a, in particular the provisions of Articles 48 and 49 of the Criminal Code which regulates Acts of Self-Defense due to Forced Power (overmacht) and Self-Defense The Transcendent / Forced Defense or in other words known as N oodweer, as a form of protection for people who experience an act that threatens themselves so that they carry out a defense, the defense of which of course may have fatal consequences for the perpetrators who turn out to be victims, considering that a few weeks ago there was also a case against the decision at the Jakarta District Court which ruled two the defendant was a police officer who killed Laskar FPI for reasons of Noodweer (defense because he had to). Therefore, the author wants to examine in this research by formulating the problem of how to implement article 48 and article 49 of the Criminal Code regarding self-defense because of compulsion and what are the factors that can be used as justification for self-defense that exceeds the limit/noodweer to ensure legal certainty. The method used in the preparation of this scientific paper is a normative juridical approach which refers to the legislation in force in Indonesia in accordance with the rationale of legal practitioners, as well as legal experts in this country, especially in terms of the application of articles 48 and 49 The Criminal Code (KUHP) on Forced Self-Defense (Overmacht) and Forced Defense (Noodweer) The conclusion of scientific studies on self-defense that exceeds the limit of noodweer in this scientific work is the existence of important and necessary limitations and conditions in terms of self-defense that exceeds the limit or noodweercarried out by victims in defending themselves and their property. Keyword: Comparative Study – Overmach, Noodweer, Noodweerexces – KUHP