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All Journal Jurnal Pranata Hukum Jurnal IUS (Kajian Hukum dan Keadilan) Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora
Deni Achmad
Universitas Lampung
Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Analisis Pertanggungjawaban Pidana Terhadap Pelaku Tindak Pidana Penyalahgunaan Tanah Negara (Register 45) (Studi Pada Wilayah Hukum Pengadilan Negeri Menggala) Deni Achmad
PRANATA HUKUM Vol 8 No 1 (2013): Januari
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v8i1.132

Abstract

The abuse or misuse of state land in the jurisdiction of the District Court of Menggala is in the Register 45 forest. So the government try again to control the people who inhabit the region, precisely in Suwai Umpu (Pekat). The implementation the criminal responsibility towards the state land abuse criminal (register 45) to the jurisdiction of the District Court of Menggala, besides giving criminal sanctions also requiring responsible person to pay compensation in accordance with the extent of the damage or the consequences thereof to the State, for rehabilitation, forest recovery, or other actions required. The factors to be obstacles in the criminal responsibility towards the state land abuse criminal (in register 45) to the jurisdiction of the District Court of Menggala are: the limited Forest Guard (police) in maintaining and overseeing the registers 45 forest, the limited number of Civil Servant in handling the violation of the abuse of the state land (register 45), and it is necessary to revise the Law of the Republic of Indonesia Number 41 Year 1999 on Forestry.
Legal Enforcement for IUU Fishing in Indonesian Sovereignty And Jurisdiction: A Case Analysis of The Capture of Foreign Vessels by The Indonesian Government Ninin ernawati; Maya Shafira; Deni Achmad; Rehulina Tarigan; Ninne Zahara Silviani
Jurnal IUS Kajian Hukum dan Keadilan Vol 10, No 3: December 2022 : Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Fakultas Hukum Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v10i3.1078

Abstract

The cases of IUU Fishing often occurred in Indonesia. This is due to the lack of supervision by the Indonesian government towards foreign vessels that are still fishing in Indonesian territorial and EEZ.  IUU fishing caused huge losses to the country. One of the perpetrators of this illegal act was the Thai Silver Sea 2 ship. The ship entered Indonesian territorial waters precisely in Sabang waters, by flying the Indonesian flag to trick the Indonesian government patrolling around Sabang waters. However, gradually the Indonesian government became aware of the existence of foreign vessels which had been suspected by Indonesia for a long time because it often turned off VMS so that its existence could not be detected by the Indonesian government. This study will examine more deeply related to whether the action conducted by Silver Sea 2 Vessels violate Indonesian regulation and UNCLOS 1982? And is the legal enforcement of Illegal Unreported and Unregulated Fishing taken by Indonesian government compatible with UNCLOS 1982?. This research is a normative legal research with a statute approach, and a conceptual approach. Legal material collection techniques are carried out by examining the relevant literature, analyzing various legal references relevant to the problem related to the study to be analyzed further qualitatively and descriptively. The results showed that the actions of SS2 ships violated Indonesian legislation and UNCLOS 1982 and were appropriate when this case was handled by the Sabang district court.
Legal Enforcement for IUU Fishing in Indonesian Sovereignty And Jurisdiction: A Case Analysis of The Capture of Foreign Vessels by The Indonesian Government Ninin ernawati; Maya Shafira; Deni Achmad; Rehulina Tarigan; Ninne Zahara Silviani
Jurnal IUS Kajian Hukum dan Keadilan Vol. 10 No. 3: December 2022 : Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v10i3.1078

Abstract

Illegal, Unregulated, and Unreported (IUU) Fishing cases often occur in Indonesia. This is due to the lack of supervision by the Indonesian government towards foreign vessels conducting fishing activities in Indonesia’s territorial waters, and exclusive economic zone (EEZ).  IUU fishing has caused huge losses to the country. One of the perpetrators engaged in this illegal act was the Thai Silver Sea 2 ship. The ship entered Indonesian territorial waters specifically in Sabang waters, by flying the Indonesian flag to trick the Indonesian government patrolling around the area. However, gradually the Indonesian government became aware of the existence of foreign vessels which had been suspected by Indonesia for a long time because it often turned off VMS so that its existence could not be detected by the Indonesian government. This study delves deeper into whether the actions conducted by Silver Sea 2 Vessels violate Indonesian regulations and UNCLOS 1982. Additionally, it examines the compatibility of the Indonesian government’s legal enforcement of IUU Fishing with UNCLOS 1982. The results indicate that the actions of SS2 ships violated Indonesian legislation and UNCLOS 1982. Furthermore, the handling of this case by the Sabang District Court was deemed appropriate.
LEGIS INDEPENDENCE RATIO OF JUDICIAL POWER IN THE CRIME OF CORRUPTION IN COMPARATIVE INDONESIA WITH HONG KONG Ahmad Fauzi; M. Noor Fajar; Deni Achmad
PRANATA HUKUM Vol. 18 No. 2 (2023): Juli
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v18i2.319

Abstract

In a country the distribution of power based on trias politica will place state power in the executive, legislative and judicial branches. With regard to judicial power, the court institution in carrying out its functions is provided by the principle of independence of judicial power, this principle is the main principle for the court in protecting human rights, the rule of law and also justice. The principle of the independence of judicial power in its application, the judge in carrying out his duties must carry out the judicial function in accordance with the oath and the law without any interference from any party (directive). In the Indonesian legal system, judicial power is regulated in the provisions of Article 24 paragraph (2) of the 1945 Constitution which states that judicial power is exercised by a Supreme Court and judicial bodies under it within the general court environment, religious court environment, military court environment, administrative court environment. state and by a Constitutional Court. This research is a legal research with a legal comparison method between the Indonesian legal system and the Hong Kong legal system, where the analysis makes a country's national law more coherent when compared to other countries. The first result: the establishment of a corruption court in Indonesia is in line with the UNCAC convention and also the Declaration of Human Rights, in which the formation of a corruption court in Indonesia uses a court structure and ad hoc judges which have many weaknesses in the aspect of guaranteeing the independence of judicial power for ad hoc judges . Second: the formation of a corruption court in Hong Kong is guaranteed in the constitution with regard to institutions and institutions, the Hong Kong constitution stipulates a prohibition on the establishment of an ad hoc court, therefore the corruption court in Hong Kong is a permanent court structure and not ad hoc in nature. So that the guarantee of the independence of the judiciary against judges is more guaranteed.
Pengkhianatan Prinsip Keadilan Dalam Tindak Pidana Penggunaan Dokumen Palsu Pada Pemilihan Anggota DPRD Evan Sammuelson Belvanio; Deni Achmad; Firganefi Firganefi
Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik Vol. 1 No. 3 (2024): Juli : Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/demokrasi.v1i3.241

Abstract

The act of falsifying documents in general elections is a serious violation of the basic principles of democracy and legal regulations governing the democratic process. In politics, document falsification not only impacts specific individuals or groups, but also substantially undermines the integrity and legitimacy of the democratic process as a whole. From a legal justice perspective, such actions violate the basic principles that should govern the integrity of elections, threatening the foundations of democracy itself. By using fake documents, individuals or groups can manipulate election results in unfair ways, leading to a reduction in public trust in democratic institutions. Moreover, such actions create doubts about the legitimacy and fairness of the election process, which is the main foundation of an effective democratic system. In the case mentioned, Dr. Sihabuddin Chalid, M.M., Pd. bin (late) Khalid Noor, deliberately created fake documents to become a candidate for DPRD members, which directly violated Law Number 7 of 2017 concerning General Elections. Therefore, strict law enforcement is very important to prevent abuse of political power and maintain public trust in government institutions.
Pertanggungjawaban Hukum Terhadap Pelaku Promotor Perjudian Online Faisyal Akbar; Maya Shafira; Emilia Susanti; Deni Achmad; Dona Raisa Monica
Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora Vol. 1 No. 5 (2024): September: Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/aliansi.v1i5.448

Abstract

The promotion of online gambling through social media such as Instagram and WhatsApp is increasingly attracting public interest, even though it violates the law in accordance with Article 27 Paragraph (2) of Law Number 19 of 2016. Case at the Tanjung Karang District Court (Number 892/Pid.Sus/2023/PN .TJK) revealed that online gambling promotion is a criminal offense with the threat of prison sentences and fines. What is the criminal liability of perpetrators who promote online gambling products and what is the basis for the judge's considerations in imposing criminal penalties on perpetrators who promote online gambling products? Data analysis uses qualitative data analysis. The judge's decision is in accordance with applicable law, taking into account legal, sociological and philosophical aspects. In this case the judge placed more emphasis on the sociological and philosophical aspects. Hakim used Mackenzie's theory, emphasizing balance, artistry, intuition, and a scientific approach. Criminal liability must be strictly legally necessary to protect society from the negative impacts of online gambling. The criminal liability contained in decision number 892/Pid.Sus/2023/PN.TJK regarding online gambling promotion involves several defendants. This decision emphasizes the importance of law enforcement in maintaining justice and public security, and shows the appropriate application of the law to punish the promotion of illegal gambling.
Co-Authors Ahmad Fauzi Dona Raisa Monica Emilia Susanti Evan Sammuelson Belvanio Faisyal Akbar Firganefi Firganefi M. Noor Fajar Maya Shafira Ninin Ernawati Ninne Zahara Silviani Rehulina Tarigan Rehulina Tarigan