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INDONESIA
Jurnal Hukum tora: Hukum mengatur dan melindungi masyarakat
Published by Universitas Kristen Indonesia
ISSN : 24428019     EISSN : 26209837     DOI : ersitas Kristen Indonesia DOI: https://doi.org/10.
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
A journal to publish high-quality articles published for all aspects of research and the latest extraordinary developments in the field of Law. This journal number published by p-ISSN: 2442-8019 and e-ISSN 2620-9837 is a scientific journal published by the Faculty of Law, Universitas Kristen Indonesia which discusses the Law to regulate and protect the public. The purpose of the To-ra Journal is to disseminate conceptual thought and research findings that have been approved in the field of Law. In each publication every year, to-ra publishes in three publications: April, August and December. Jurnal Hukum to-ra : Hukum Untuk Mengatur dan Melindungi Masyarakat focused to publish high-quality articles dedicated to all aspects of the latest outstanding research and developments in the fields of Laws. The aims of Jurnal Hukum to-ra : Hukum Untuk Mengatur dan Melindungi Masyarakat is to disseminate the conceptual thoughts and ideas or research results that have been achieved in the area of law. Tora has a Memorandum of Understanding with DPN Peradi Indonesia. The scope of this journal encompasses to Managing and Protecting Citizenship.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 168 Documents
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ANALISIS YURIDIS DINAMIKA TINDAK PIDANA DALAM PERSPEKTIF PERTANGGUNGJAWABAN KORPORASI Jeane N. Saly
to-ra Vol. 1 No. 1 (2015): April
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33541/tora.v1i1.665

Abstract

AbstractThe impact of globalization has not only resulted in growth of increasingly thin state border, butalso growth of legal events that are not only private, but also be public, as a criminal offense, whichrequires accountability as a result of the activities of large companies (corporate) in their activities,to the detriment public (public). The problem is how the development of corporate criminal offensesettings and is responsible under the law in Indonesia, and other countries. The conclusion is thatthe offense and the responsibility of corporations in Indonesia are not regulated in the CriminalJustice Act (Criminal Code), but scattered in various legislation. The next development, both incriminal law and administrative law that have criminal sanctions have largely been set up ofcorporate as subjects of criminal law. In fact, in the General Explanation of the first bookmanuscript draft Law Code of Criminal Law (Draft-Criminal Code) 1999-2000 recognized. Inother countries, criminal offense of corporate and its accountability is set up, especially thecountries adherents of the common law system, are like the UK, the USA, and Canada, whichstarted in the industrial revolution 1842. The district court in its decision to apply through penaltiesfor the corporate fails to perform obligations under the legislation.Kata Kunci: Dinamika Tindak Pidana dan Pertanggungjawaban korporasi
URGENSI HUKUMAN BERAT BAGI PELAKU TINDAK PIDANA KORUPSI Petrus Irwan Pandjaitan
to-ra Vol. 1 No. 1 (2015): April
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33541/tora.v1i1.666

Abstract

AbstractFinancial Loss of State is the basis to declare the existence of Corruption Crime Action, and thebasis to punish the doers is UURI No 31 year 1999 subject Fighting of Corruption to classify theforms of the punishment, such as : dead sentence, inprison, fines, substation money and take over ofaset, in criminal law it is confessed a logic which states that dangerous nature and damage of anaction become the reason to criminalize an action as a criminal action, and have to have falses,because just only by having falses a person can be punished, but it has to have coorelation betweenthe action that cause loss with the punishment given, in the form of the state financial in certainamount, corruption as an extra ordinary crime, conducted by many official Officers and the countryexecutors, besides, corruption has damage Behavior and mental of the executors which areaccustomed to live with luxiouristy, the corrutption itself has cause loss for public and the doersshall be given fair punishment that is the punishment as heavy as possible or dead sentence ifnecessary, to punish the doers of corruption, shall have certain purpose, such as to save stateproperty, to stop the doers of doing such things, and to prevent other people not to conbductcorruption, by that way it is necessary to punish the doers of corruption with heavy punishmentsimply not only to stop of doing corruption but it is understood as a form of justice and recovery ofsocial relation between the Doer and the state and the public, so that later on after the doer hascompleted its punishment it will not rejected by the public.Kata Kunci : Hukuman berat
DUGAAN TINDAK PIDANA KORUPSI DALAM PENGADAAN TANAH UNTUK KEPENTINGAN UMUM Aartje Tehupeiory
to-ra Vol. 1 No. 1 (2015): April
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33541/tora.v1i1.1091

Abstract

In terms of the provision of land for the public interest was formed the Committee for Land Procurement (P2T) based on the number of Presidential Decree No. 55 of 1993, with one of the principle is not looking for profit. Based on that, the Governor of Maluku made a decree on the city of Ambon in the decree for the construction of a common or garden Burial Tombs common (TPU). Because of thesituation/circumstances of the civil emergency in the province of Maluku, at the discretion of the Mayor of Ambon city as the Executive ruler of the elements of the civil emergency, delegated various tasks to the team's who had the responsibility to carry out the release of P2T land rights.But later in the day, a problem occurs that is alleged to have elements of criminal acts of corruption in the procurement of land for the public interest with respect to the construction of TPU. While all of the procedures and the mechanism of release of land rights has been carried out in accordance with Presidential Decree No. 55 no 1993. This is because the Government cannot took over the land purchase benefits.Therefore there needs to be re-construction (reconstruction) of losses the country associated with the procurement of land for the public interest. Kata kunci: Dugaan tindak pidana korupsi pengadaan tanah
TINDAK PIDANA KORUPSI DIREKSI PERSEROAN BUMN YANG MENIMBULKAN KERUGIAN KEUANGAN NEGARA Henry Donald Lumban Toruan
to-ra Vol. 1 No. 1 (2015): April
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33541/tora.v1i1.1092

Abstract

Determination of Directors of state-owned company as perpetrators of corruption that cause financial loss to the state being debated. Actions in the framework of the management of the company's Board of Directors conduct business relationships with other companies is intended pursuit for profit purposes set forth in the articles of association of the company. If the state-owned company suffered losses in the business relationship, then it becomes a loss to the state even after careful and responsible as set out in the Company Law. Unfortunately the state losses at state- owned company made an unlawful act of corruption in the Corruption Eradication Act (Act PTPK). Establishes the Board of Directors as a subject perpetrators of corruption in PTPK Law, caused the expansion of the formulation of the notion of public servants, not just civil servants who are subject to the Civil Service Act but also includes those who receive salaries and wages of state finance or state facilities. In terms of state-owned company is a legal entity which has the property that is separate from its shareholders. When capital from state financial aid is included in the state-owned company in the form of capital stock, the capital instantly become the company's wealth. If any damage occurs as a result of the company's business relationships, then it becomes a loss company. Shareholders are only responsible for the loss of shares owned by the company. Kata kunci: Kerugian perseroan BUMN bukan kerugian keuangan Negara
PENANGGULANGAN TINDAK PIDANA PENCUCIAN UANG DI DALAM KERAHASIAAN BANK Rr Ani Wijayati
to-ra Vol. 1 No. 1 (2015): April
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33541/tora.v1i1.1093

Abstract

Bank Secrecy (or Financial Privacy) are rights that must be protected from interference by the State and other parties. Bank Secrecy is the soul of a bangking system which is based on the norms of banking practices, contract-based agreement between the bank and its clients, and the written rules set by the State. However, bank secrecy may become one of the factors that trigger the occurrence of money laundering. The factors behind the occurence of money laundering are closely associated with the power or the legislation, and the banking system of a particular country. In other words, the rampant practice of money laundering in a country is closely related to the political will of its government in combating money laundering through its laws and regulations, especially those in the field of banking.
FUNGSI YUDISIAL UNTUK MENJAGA KEMANDIRIAN HAKIM DALAM SISTEM PERADILAN PIDANA Kraisus Sitanggang
to-ra Vol. 1 No. 1 (2015): April
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33541/tora.v1i1.1094

Abstract

Indonesia is a state law that has been declared in the constitution, as a country that upholds the law, will be established justice agencies to resolve those cases that occur in the community, one of them is the court, the court is part of the criminal justice system, where the court is the place to examine the case, which the judge who became breaker guilty or not a person, as law enforcement, judges should be is independent in deciding a case, where the decision was not impartial and free from political influence and power, and free from bribes though, that the independence of judges independent and impartial influence, it needs to be maintained and protected, the reality in the Indonesian constitution in the constitution in 1945 through an amendment, it has been maintained and is watching her body established the Commission on judicial and law on judicial power, its purpose is enable the independence and freedom of judges in deciding a case, in order to obtain a legal justice, which is guaranteeing protection of the rights of justice seekers and that is where it is said that Indonesia is a country of law.
PIDANA MATI DAN HAK ASASI MANUSIA Nikson Gans Lalu
to-ra Vol. 1 No. 1 (2015): April
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33541/tora.v1i1.1095

Abstract

Death penalty is regulated in positive law of Indonesia, both governed in Civil Code and outside Code of Criminal Law, such in the Terrorism Law, Narcotics Law, and Corruption Crime Act Eradication Law. This indicates that death penalty is viewed as relevant in line with the crime dynamics growing in the community. Debates regarding death penalty among the pros and cons still take place in Indonesia so it raises a question among the people, how the existence of death penalty is seen of the viewpoints of Pancasila and Human Rights? Indeed, Pancasila contains balance value between one principle to another. If the Pancasila is seen partialy, then the answer arises on the question is the death penalty is contradictory to the Pancasila and Human Rights, however some answer also indicate it is not contracdictory to the Pancasila and Human Rights. National Draft Code of Criminal Law consistently retains the death penalty. However, in it‟s formulation policy remains considering the individual protection, namely enactment on provisions regarding “the suspension of death penalty execution” or “conditional death penalty, “if in the probation period (10 years) the convicted criminal does not show a good conduct, then the death penalty may be changed to life time imprisonment or 20 years imprisonment. The basic idea of maintaining the death penalty is to avoid people‟s demand/reaction which is revenge in nature or “extralegal execution” in nature. Kata Kunci: Pidana mati
HUKUM PIDANA DAN KAITANNYA DENGAN PENGGUNAAN MEDIA SOSIAL Natasya Serepina Parhusip
to-ra Vol. 1 No. 1 (2015): April
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33541/tora.v1i1.1097

Abstract

To date the growing use of technology is evidenced by the mushroomed of of a good number of social media such as Facebook, Twitter, Path, MySpace and so on. The public response towards the existence of the social media can be seen in the increasing number of social media users. Utilizing social media, everyone has freedom to express themselves through activities on the internet such as making comments and uploading various things. Despite its advantages, social media has sometimes become a stumbling block for users. One of the frequent issues arising in the usage of social media is offensive acts as a result of the activities in the social media. Therefore, the knowledge as to what extent users can express its aspiration in the social media is important which is strongly related to the law education to public. This paper elaborates cases of offensive acts occurred in the social media which are considered against the law particularly in Indonesian contexts. This paper further tries to analysis the relationship between the rule of criminal law and the cyberlaw in Indonesia. Kata kunci : Hukum Pidana dan Media sosial
PENGAKUAN HUKUM NASIONAL TERHADAP HUKUM ADAT DALAM KEPEMILIKAN DAN PENGOLAHAN TANAH Aartje Tehupiory
to-ra Vol. 2 No. 3 (2016): Desember
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

In national law, the existence of recognition of customary law, over ownership and management of cus- tomary land are avowed as long as they exist. Therefore, the role of customary institutions is to provide land recommendation for each land management, for the existence and protection of Beschiking Recht and customary law society provides justice, legal certainty and legal protection for indigenous peoples. With a peculiar regulation for the needs of the people of the area, in the settlement of land disputes, it can accommodate the diversity of local customary law, which is a part of the national land law. It is recommended that the role of local government is as facilitator and coordinator in policymakers, regarding to the existence of community land, with the principle of respect for human rights and the principles of the state law. Keywords: Customary Law, Ownership and Management of Land
PEMBAHARUAN HUKUM PIDANA TERHADAP PENYALAHGUNAAN KARTU KREDIT DI INDONESIA Wiwik Sri Widiarty
to-ra Vol. 2 No. 2 (2016): Agustus
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Credit Card is tools in the form of plastic cards, is one of banking products that the user indicates that growth continues to increase, with the number of payments this intermediate level, where a credit card actually facilitate customer transactions by swiping when the bill arrived. The ease of shopping by using a credit card can increase sales turnover for the merchant itself. Likewise, the number of traders who are interested in serving transactions using credit cards tend to increase. For certain segments of society, credit cards have been a requirement by the day to make transactions because they do not need to carry cash (cash), but credit cards also pose its own risks for the cardholder, with the increase of credit card users, giving rise to the occurrence of abuse credit cards by parties who are not responsible. Misuse of credit cards including those that are difficult to overcome, since the law in Indonesia has been no specific regulations governing punitive sanctions against this crime. Lately increasingly widespread misuse of credit cards, including in Indonesia. In order to combat the use of credit cards, it must be possible reform of criminal law against the misuse of credit cards, with the reform of criminal law in accordance with the values and spirit of the Indonesian people at this time.Kata kunci: Pembaharuan Hukum Pidana dan Penyalahgunaan Kartu Kredit

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