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All Journal JURNAL MANAJEMEN TRANSPORTASI & LOGISTIK Legal Standing : Jurnal Ilmu Hukum Awang Long Law Review BUDGETING : Journal of Business, Management and Accounting Jurnal Ilmiah Wahana Pendidikan Jurnal Poros Hukum Padjadjaran COURT REVIEW: Jurnal Penelitian Hukum Ius Positum: Journal of Journal Of Law Theory And Law Enforcement Srawung: Journal of Social Sciences and Humanities Yuris: Journal of Court and Justice Equalegum International Law Journal
Wahyu Prawesthi, Wahyu
Universitas Dr.Soetomo Surabaya
Religion Arts Humanities Decision Sciences, Operations Research & Management Education Law, Crime, Criminology & Criminal Justice Social Sciences Transportation Other

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THE IMPLEMENTATION OF CRIMINAL ACT TOWARDS HATE SPEECH IN SOCIAL MEDIA Erfan, Muhammad; Prawesthi, Wahyu; Amiq, Bahrul
Yuris: Journal of Court and Justice Vol. 2 Issue. 1 (2023)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v2i1.280

Abstract

Indonesia is a country that adheres to a democratic system where people are given the freedom to express their opinions. Along with globalization era, communication media are increasingly developing, such as the existence of electronic communication media that can connect people regardless of distance and place. Information technology, beside contributing to improving communication progress, technology can also be an effective means for users of social media to commit acts against the law. Cybercrime is a type of criminal activity that makes use of advances in computer technology, particularly the internet. This research examines all the regulation and law in Indonesia regarding of hate speech towards social media through normative legal research. From the research result, it found that the implementation of Hate Speech in social media networks can be determined in Article 45A Paragraph (2) jo. Article 28 Paragraph (2) of Law No, 19/2016 as Amendment to Law No. 11/2008 concerning on Electronic Information and Transactions, there does not have to be an aggrieved party or there must be an objecting party, because it is not a material offense that requires the consequences of the act.
LAW ENFORCEMENT OF ILLEGAL LOBSTER CLEAR SEED DISTRIBUTION CRIME Wahyudi, Tri; Prawesthi, Wahyu; Khoidin, M.
Yuris: Journal of Court and Justice Vol. 2 Issue. 2 (2023)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v2i2.292

Abstract

Indonesia is an archipelago that is rich in flora and fauna both on land and sea. It causes some people to commit criminal acts, especially criminal acts in distributing lobster clear seeds illegally and not fulfilling fisheries licenses in Indonesia. Therefore, serious efforts are needed to tackle these fisheries crimes. The objective of this research is to find out the effectiveness of law enforcement regarding illegal distribution of lobster clear seed; and to observe the law enforcement attempts against its case. The approach method used in this research is juridical normative approach. The juridical normative approach is an approach that uses legislation by examining all laws and regulations related to the legal issues being addressed and conceptual approaches derived from views and doctrines that develop in legal science. The regulation on the prohibition of marketing clear lobster seeds is regulated in the Minister of Marine Affairs and Fisheries Regulation No. 12/PERMEN-KP/2020 concerning the Management of Lobsters, Crabs and Rajungan in the Republic of Indonesia and amended to the Minister of Marine Affairs and Fisheries Regulation No. 17/2021 concerning the Management of Lobsters, Crabs and Rajungan in Indonesian territorial waters.
THE IMPLEMENTATION OF RESTORATIVE JUSTICE SYSTEM TO RESOLVE DOMESTIC VIOLENCE ACTS Hardianto, Yoyok; Khoidin, M.; Prawesthi, Wahyu; Utami, Rahayu Sri
Yuris: Journal of Court and Justice Vol. 2 Issue. 3 (2023)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v2i3.359

Abstract

Domestic violence is often referred to as a hidden crime because both perpetrators and victims attempt to hide their offence from public view. According to Article 28 of the 1945 Constitution, which regulates human rights, all forms of violence, especially domestic violence, are violations of human rights and crimes against human dignity. Restorative justice system is one of the approaches used to resolve case of domestic violence. The concept of a restorative justice system is used to resolve violations of the law that occur based on victims and perpetrators’ interests. The objectives of this research is to find out the implementation of restorative justice in managing domestic violence issues in society; and to analyse the restorative justice mechanism in domestic violence cases based on the Indonesian legal system. The approach method used in this research is a normative juridical approach based on laws and regulations related to legal issues. In addition, it is also used conceptual approach based on developed perspective and doctrines in legal sciences. The settlement of domestic violence cases using penal mediation method with a restorative justice approach was succesfully resolved the criminal cases occurred in community.
LEGALITY OF EUTHANASIA AT PATIENT FAMILY’S REQUEST Mayasari, Dian Ety; Prawesthi, Wahyu; Kadek
Yuris: Journal of Court and Justice Vol. 2 Issue. 3 (2023)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v2i3.381

Abstract

The discussion of euthanasia cannot be separated from the relationship between doctors and patients. From the dimension of civil law, the relationship between doctors and patients is a contract of medical services; the doctor is obliged to provide the best treatment and will not demand the treatment results since it involves actions against living tissue, which humans cannot fully control. However, the therapeutic contract can be implemented for medical actions that do not treat the living tissues of the human body. This research aims to identify which article of the Criminal Code (KUHP) that provides law and regulation regarding the practice of euthanasia in Indonesia. The approach used in this research is a normative juridical approach. The normative juridical approach uses laws and regulations and examines all laws and regulations related to legal issues and conceptual approaches from the perspective and doctrines of law. The research findings identified that there are no articles that regulate and mention explicitly, clearly and concretely regarding euthanasia. Articles 340, 344, 345 and Article 304 jo 306 Paragraph 2 of the Criminal Code are considered the closest to euthanasia, even though the articles do not explicitly and concretely explain euthanasia.
LAW ENFORCEMENT AGAINST HUMAN TRAFFICKING IN THE POLICE JURISDICTION AT SANGIHE ISLANDS RESORT Anriz, Revianto; Prawesthi, Wahyu; Amiq, Bahrul
Yuris: Journal of Court and Justice Vol. 2 Issue. 4 (2023)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v2i4.409

Abstract

The form of application is based on mistakes that are in accordance with legal elements and there is no reason for unlawful elimination, the element of intent by the perpetrator (dolus) so that there is no justification or reason for him/her to avoid punishment. Law enforcement efforts in the eradication of human trafficking are implemented through non-penal and penal approaches. Non-penal approaches are conducted through counseling, social education in order to develop the social responsibility of citizens who are aware of human trafficking crimes, legal counseling, resocialization, workshops, etc., especially in crime-prone environments. The penal approach is carried out through legal efforts so that perpetrators of human trafficking crimes are legally processed based on the provisions of laws and regulations up to the court level and execution in order to obtain criminal sanctions and guarantee legal certainty in society. The objective of this research is to analyze the application of criminal sanctions and law enforcement against human traffickers in the Police jurisdiction, North Sulawesi Regional District, Sangihe Islands Resort. This research used a case approach which aims to examine the application of legal norms or rules in legal practice. In addition, legislation is conducted by reviewing all laws and regulations that are related to the legal issues being addressed. The 1945 Constitution of the Republic Indonesia in one of its articles, Article 3, mentions the right not to be enslaved. Therefore, to realize the protection of this right, the Indonesian government needs to regulate human trafficking crimes separately.
LAW ENFORCEMENT AGAINST PERPETRATORS OF CRIMINAL OFFENSES OF MOTORCYCLE EMBEZZLEMENT UNDER DECISION NO. 85/PID.B/2022/PN KTG Carlos, Christcarsel Brandlay Theolvano; Subekti, Subekti; Borman, M. Syahrul; Suyono, Yoyok Ucuk; Prawesthi, Wahyu
Yuris: Journal of Court and Justice Vol. 2 Issue. 4 (2023)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v2i4.448

Abstract

The development of an advanced era does not eliminate the possibility that the modus operandi of criminal acts is also increasingly developed, both in thought and technology. These developments affect various individuals to do various ways to fulfill their desires by doing everything that has an impact on someone later. The most dominant crime case is the type of crime against property, that is, embezzlement. Crimes reported by the public to Kotamobagu Police continue to increase. One of these crimes is the crime of motorcycle embezzlement. The objective of this research is to find out the law enforcement against the perpetrators of motorcycle embezzlement under Decision No. 85/Pid.B/2022/PN Ktg. This research uses a case approach to examine the application of legal norms committed in legal practice, especially regarding cases that have been decided, and a statutory approach by examining all laws and regulations related to the legal issues being addressed. Based on the research results, in this case, the suspect will be charged with the criminal offense of motorcycle embezzlement as referred to in Article 372 of the Criminal Code with a maximum imprisonment of four years. In addition, the crime of embezzlement is a criminal offense that cannot be avoided.
LEGAL PROTECTION FOR EMPLOYEES DUE TO NON-PAYMENT OF HEALTH SOCIAL SECURITY CONTRIBUTIONS BY THE COMPANY Ardan, Lukman Hakim; Prawesthi, Wahyu; Marwiyah, Siti; Amiq, Bachrul
Jurnal Poros Hukum Padjadjaran Vol. 5 No. 2 (2024): JURNAL POROS HUKUM PADJADJARAN
Publisher : Fakultas Hukum Universitas Padjadjaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23920/jphp.v5i2.1443

Abstract

National Social Security will be administered by the BPJS, which consists of the Health BPJS and the Employment BPJS. The obligations of companies are to register as BPJS participants and pay BPJS membership dues. This research aims to understand and analyze the legal provisions if the company does not pay BPJS Health contributions even though it has deducted employee salaries. Apart from that, this research also aims to understand and analyze legal protection for employees who are not paid BPJS Health by the company. The type of method applied in this research is normative legal research. Companies are required to register themselves and their workers as Participants in BPJS. The sanction for those who do not register are administrative sanctions and criminal sanctions are imposed if the company is proven to have committed a crime of embezzlement by not paying salary deductions. The dispute resolution mechanism for BPJS Health participants who do not receive health services is mediation or negotiation before taking the litigation route or trial process in court
LEGAL LIABILITY FOR NOTARIES DUE TO THE ISSUANCE OF AUTHENTIC DEEDS RESULTING IN STATE LOSSES Wardantik, Yuli Endah; Khoidin; Prawesthi, Wahyu
Srawung: Journal Of Social Sciences And Humanities Vol. 2 Issue. 1 (2023)
Publisher : jfpublshier

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jssh.v2i1.264

Abstract

Notaries perform the operational duties of public officials authorized by the state to create authentic legal documents. One of the notary's functions is to provide fee waivers (honorarium) when the public who needs notary services can show evidence of poverty from authorized officials. This research aims to provide insight into the professional practices of notaries involved in corruption cases that harm the state. When a notary commits an irregularity in a deed that results in a criminal case, they must be criminally responsible for whatever they have committed. This research uses the normative juridical method, i.e. law in book research or literature study with statute, conceptual, historical, and system approach. A notary must be held accountable for a deed if it contains a criminal act. The responsibility is in the form of strict sanctions following the law's implementation with the Criminal Code and the Criminal Procedure Code. Notarial deeds that cause criminal cases have evidentiary power as deeds under the hand or become null and void as stipulated in Article 41 of the Notary Public Office Law.
LAW ENFORCEMENT AGAINST CORRUPTION IN THE CHARITY OF WATER SUPPLY PROGRAM IN BITUNG Sitepu, Anak Agung Gede Wibowo; Amiq, Bahrul; Prawesthi, Wahyu
Srawung: Journal Of Social Sciences And Humanities Vol. 2 Issue. 4 (2023)
Publisher : jfpublshier

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jssh.v2i4.410

Abstract

Corruption is a crime that not only causing financial losses to country, but also violating social and economic rights of the community. The unlawful act of corruption is not only committed by state officials and between states, but also by state officials and other parties such as families and businessmen. This research aims to identify the law enforcement against perpetrators of corruption in Bitung regarding charity of water supply program activities based on Decision Number 20/Pid.Sus-TPK/2022/PN.Mnd. The method used in this research is juridical sociological approach, that uses legal aspects (legislation and reality) concerning the research topic. This approach is related to examining the positive law of the research object and observing the practice directly in the field. The research findings revealed that regional financial losses of IDR 14,000,000,000 were caused as the results of the unlawful acts of corruption and abuse of authority comitted by Raymond Richard Jotham Luntungan and Mohammad Nurcholis Laminula, who both were in charge of Charity of Water Supply Program for Low-Income Communities at Bitung during 2017-2018.
Co-Authors Abrahams, Deny Amiq, Bahrul Anriz, Revianto Ardan, Lukman Hakim Bachrul Amiq Bahri, Muhammad Syamsul Borman, M. Syahrul Carlos, Christcarsel Brandlay Theolvano Dian Ety Mayasari Dipo Wahjoeono, Dipo Erlando, Angga Riki Argo Ernu Widodo, Ernu Fachria Febriyanto, Mohammad Dwi Hardianto, Yoyok Hariyono, Dipo Wahjoeono Hartoyo Kadek Khoidin Kibiantoro, Miraj M. Khoidin, M. Mansyuri, Zaqiya Alfi Muhammad Erfan, Muhammad Ndraha, Abdian Berkat Pasaribu, Francisco Lundu Hesekhel Perdana, Dary Iqbal Putra Praditya, Zonehara Bima Putra, Januanwar Reza Yudhitya Ramba, Yunan Yunus Shalasa, Idham Malik Sitepu, Anak Agung Gede Wibowo Siti Marwiyah SRI ASTUTIK Subekti Subekti Subekti Sulfiarini, Wiwin Suyono, Yoyok Ucuk Tri Wahyudi Utami, Rahayu Sri Wardantik, Yuli Endah Wicaksana, Agus Arief Widodo, Dieno Hendro Winarno, Hadi