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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 8 Documents
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Search results for , issue "Vol. 2 No. 2 (2016): Agustus" : 8 Documents clear
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

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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
JUDICIAL CORRUPTION DAN PEMBAHARUAN HUKUM PIDANA Yudi Kristiana
to-ra Vol. 2 No. 2 (2016): Agustus
Publisher : Fakultas Hukum Universitas Kristen Indonesia

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Abstract

The phenomenon of judicial corruption in all its forms by receiving bribe in the judicial process is a reality that is shameful in the history of law in Indonesia. The serious impact will occurred in economy and politic including in the law because judicial corruption will reduce the dignity, credibility, public tust and also the purpose of law. To address judicial corruption, the reform of the Penal Code is done by: (1)reorientation of the focus of criminal law reform and legal structure legal substance to the legal culture; (2) The criminal law reform that emphasizes the substantial justice of the procedural justice; and (3)reform of criminal law with a progressive approach to the law.Kata Kunci: judicial corruption, pembaharuan dan hukum progresif
PEMBUKTIAN TERBALIK DALAM TINDAK PIDANA KORUPSI H. Firman Freaddy Busroh
to-ra Vol. 2 No. 2 (2016): Agustus
Publisher : Fakultas Hukum Universitas Kristen Indonesia

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Abstract

No. 24 Prp of 1960 on Investigation, Prosecution and Investigation of Corruption. Furthermore, in 1971 formed the Law No. 3 of 1971 on the Eradication of Corruption and then Law No. 31 of 1999 on Corruption Eradication embracing sistem of proof is limited as stipulated in Article 37, which allows a reverse authentication is limited to a particular property and the confiscation of proceeds of corruption. Both Law, both Law No. 3 of 1971 and Law No. 31, 1999, in principle, still use the theory of negative evidence. While in Law No. 20 of 2001 on Corruption Eradication, adheres Sistem and Balanced Reversal of the Burden of Proof, which is provided for in Article 12 B, 12 C, 37, 37A, 38 A and 38 B. However, these rules have not been implemented to date in an attempt the eradication of corruption in Indonesia.The urgency of proof in the eradication of corruption First, restore the state financial losses made by the perpetrators of corruption, second, eradication of corruption is not only relying on law enforcement action is repressive, but also depends on preventive measures as a cease- desist follow corruption, and Third, improve the bad image of Indonesia are classified as high-level corruption, where one of the causes is the growing corruption committed by state officials. Reversed burden of proof required for a person attached to her duties as official organizer of the state, not him as a personal (individual). Proving wealth of local heads of government have to do with the approach of the Law of Administration and administrative sanctions and criminal law approach through the Corruption Court. Proof of the origin of the assets Servants and State Officers carried out by effecting a state administrative law and administrative law sanctions. If you find any indication of the wealth of the proceeds of corruption and has been demonstrated in reverse by Servants and State Officers that that wealth came not from corruption, then followed up through the procedures of criminal law and subject to criminal sanctions through Crime Court Corruption.Kata kunci: Pembuktian Terbalik
POLA HUKUMAN TERPIDANA ANAK DAN KORUPTOR BERDASARKAN KEDAULATAN TUHAN, RAKYAT, HUKUM Manuasa Saragi
to-ra Vol. 2 No. 2 (2016): Agustus
Publisher : Fakultas Hukum Universitas Kristen Indonesia

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Abstract

Policy about program on legal development still need making. Attempt to realize national legal system should continue, that is in according to Annex of Legislation Number 17 Year 2007 includes development of legal substances; completing of legal structure, etc. For reaching aim entangles whole sosial component that has huge legal awareness for supporting realisation of system to be hoped. Making for attainment the ideal implies developing of substances, and improving of holding. Criminal law role is to control the public order and to directing of individual suit to general rule. Quality of enforcer/ing need accurateness, I assess any lack of our legal system for attaining the more civilized regulation. The research focusing, that penal system of Indonesia‟s law lack in corelating of punishing to juvenile and corruptor in dimension of nation development. The juvenile must not obstructed toward aim of national development, and corrupting must as far as possible evaded so that not creating failure to state in serving majorite if not whole people. Two main actors of the nation journey need to be treated with special penal that encertain nation existence. My research to the problem, is normatif in kind, it result in prediction that corelating of pattern of punishing to nation development agenda promises safety of nation.Kata Kunci: Pola Hukuman Terpidana
IMPLEMENTASI PENYELESAIAN PELANGGARAN HAM BERAT DI INDONESIA Poltak Siringoringo
to-ra Vol. 2 No. 2 (2016): Agustus
Publisher : Fakultas Hukum Universitas Kristen Indonesia

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Abstract

Under the provisions of Article 4 of law no.26 of 2000 on Human Rights Court and the duty to investigate and resolve cases of serious Human Rights Violations. Of the provisions of this article means that not all Human Rights violations be tried by a court of Human Rights but is limited to “Serious Human Rights Violations”. Is a grass Human Rights Violations under the provisions of law No. 26 of 2000 is described in chapter 7, which reads as follows: “Serious Human Rights Violations Include: (1) The crime of genocide and (2) Crimes against Human. In addition to the Human Rights Court to investigate and resolve cases of Serious Human Rights Violations that occurred in the Territorial unitary state of Indonesia (Principle Territorialitet). Also to investigate and resolve cases of grass Human Rights Violations commited by Indonesia citizen outside the unitary Republic of Indonesia (Principle Nasinalitet). Besides mechanisms and inter rasional, other mechanism that a new mechanism for justice in cases of human evil is a mixture courts or better known as hybrid tribunal. Model of this trial appeared to be criticism of the weakness of national courts and international courts, as shown in the international criminal tribunal for the farmer Yugoslavia and the International criminal court for Rwanda.Kata Kunci: Implementasi Peyelesaian Pelanggarah HAM Berat
PEMBERANTASAN PERDAGANGAN ORANG Hotman Sitorus
to-ra Vol. 2 No. 2 (2016): Agustus
Publisher : Fakultas Hukum Universitas Kristen Indonesia

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Abstract

Low No.21 of 2007 concerning the eradication of trafficking in person. Indonesia is not only the country of origin for trafficking in person but has become a country of destination and transit countries. This is because Indonesia is a strategic location. Victims of people trafficker channel for various purposes such as trafficked to be prostates, soldier, or are not in paid employment purpose of this paper is to fid out the delivery of children a broad. This research method is a normatif study research: birth urgency legislation specifically dealing with this as a result of the widespread network of organized crime card dis organized, both between countries, and within the country, country, and respect for rights human rights.Kata Kunci: Perdagangan Orang
PENERAPAN DIVERSI TERHADAP ANAK DALAM SISTEM HUKUM PIDANA INDONESIA Fransiska Novita Eleanora
to-ra Vol. 2 No. 2 (2016): Agustus
Publisher : Fakultas Hukum Universitas Kristen Indonesia

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Abstract

Diversion is a transfer of settlement of cases of children who are suspected of certain crimes from the formal criminal to a peaceful settlement between the suspect / accused / offender with the victim facilitated by family and / or community, Supervisor of Community Kids, Police, prosecutor or judge, Therefore, not all cases of children in conflict with the law must be resolved through the formal justice, and provide an alternative to the settlement with the restorative justice approach then, on cases of children in conflict with the law to do the diversion of the best interest of the child and taking into account the justice victim. While the Indonesian criminal code, known retaliation, which according to his ways, by providing appropriate sanctions to perpetrators, the purpose of this paper to know whether the Indonesian criminal law regulating the diversion of the dispute settlement children, method of writing is a literature study, the result is a process of diversion is regulated by a special regulation children’s Act, and is promoting the rights of children.Kata kunci: diversi, anak, hukum pidana
ANALISA HUKUM TERHADAP TINDAK PIDANA PENCABULAN ANAK Radisman Saragih
to-ra Vol. 2 No. 2 (2016): Agustus
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33541/tora.v2i2.1123

Abstract

Sexual abuse is a heinous act and barbarous, especially when sexual harassment occurs in a child under age whose minds are still innocent and do not know about as a result of the disaster that happened. Factors sexual abuse of children under age due to young children innocent and powerless, particularly when dealing with adults, especially parents, brother, uncle, grandfather, teacher or neighbor; the low morality and mentality of the perpetrators; experience of small actors who have been victims of sexual abuse during childhood so as to seek satisfaction performed on small children. That in order to prevent the crime of sexual abuse of children under the public is parents running the communication and emotional attachment to the child; parents give understanding to the children about their bodies and things that should not be done or dirabah by others of the body parts; the existence of coordination among law enforcement agencies on criminal acts of sexual abuse against minors and if convicted the perpetrators given severe sanctions, and if necessary an additional form of punishment gelding to sour people who commit criminal acts of sexual abuse and at the same be a threat to people who intend to do the same criminal offense

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