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JURNAL HUKUM MEDIA JUSTITIA NUSANTARA

MJN
Website

Published by Universitas Islam Nusantara

ISSN : 20858884 EISSN : 28295889 DOI : https//doi.org/10.30999

Core Subject : Social,

Law, Crime, Criminology & Criminal Justice

Media Justitia Nusantara (MJN) is a journal that intends to publish most quality research papers in the fields of law or criminology and social justice studies. The journal is keen to present relative overview of law, system-wide trends and problems on law, crime and justice throughout the world. Journal provides a medium for social scientists to report research findings with respect to crime and justice through innovative and advanced methodologies. The Journal encourages in submission of articles, research notes, and commentaries and also invites papers based on empirical research, theoretical analysis and debate, and policy analysis and critique that centre on crime and broadly defined justice-related topics in an international perspective.

Arjuna Subject : Ilmu Sosial - Hukum

Articles 107 Documents

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Kajian Teoritis Kedudukan Perusahaan Pembiayaan Leasing Terhadap Aktifitas Tindak Pidana Pencucian (Money Laundring) Terkait Dengan Penerapan Prinsip Pengenalan Nasabah (Know Your Customer) Fontian Munzil
Jurnal Media Justitia Nusantara Vol 6, No 1 (2016): Februari 2016
Publisher : Program Studi Magister Ilmu Hukum Universitas Islam Nusantara

Legal standing of leasing company other than the Bank is required to anticipate money laundering crimes including detection of service users by applying the know your customer principles. This study aims to examine, first, how is the position of the law of leasing company against money laundring activities? second, how far is the obligation of leasing company to apply the know your customer principles related to the legislation in the field of money laundering. The research method used is normative juridical with descriptive analysis analysis specifications. The technique of data collection is done through reviewing data obtained from secondary data using primary, secondary, tertiary legal materials. Comparative methods of law are used to sharpen the study of the problems under study. Data analyzed qualitatively by juridical then described and presented structurally and scientifically so that analysis can be done in the form of descriptive analytical problem translation.The study found that, firstly, the legal standing of a leasing company was clear, namely as a reporter for suspicious transactions carried out by service users and this arrangement was in line with the legislation group related to money laundering crime, secondly,leasing company were required in detail in the scope of substance or formal technical (reporting) to apply the know your customer principle and will be penalized if it does not fulfill these obligations.

Eksistensi Pidana Mati Dalam Persfektif KUHP (Studi Kasus Pembunuhan Berencana Disertai Mutilasi Korban Berdasarkan Putusan Mahkamah Agung No. 25 PK/PID/2012) Priyono Priyono
Jurnal Media Justitia Nusantara Vol 8, No 1 (2018): Februari 2018
Publisher : Program Studi Magister Ilmu Hukum Universitas Islam Nusantara

Serious crimes and capital punishment in the history of criminal law are two components of closely related issues. This is apparent in the Indonesian Criminal Code which threatens serious crimes with capital punishment. Implementation of capital punishment reap the pros and cons this is motivated by various reasons. Plot murder accompanied by mutilation is a motive for murder committed sadistic and cruel, the motive is done to eliminate traces of deeds that have been done. Planning murder coupled with mutilation as an aggravating factor may be subject to a death sentence, this is because in murder it is not a qualified offense as the basis of ballast. The problem identification in the writing of this thesis involves: how is the existence of capital punishment for the crime of premeditated murder and how the criminal law enforcement related to capital punishment to murder murder is accompanied by mutilation as a burden. The research method used in this compiler is by using the normative juridical method while the specification of writing in this thesis is descriptive analysis, the research stage in this study is primary data obtained from field research and secondary data in the form of primary legal materials, secondary law materials and tertiary legal materials. Based on the description and analysis of the problem it is known that the existence or existence of capital punishment for the crime of premeditated murder is still maintained and valid until now in Indonesia, as it has been in accordance with the provisions of Article 340 of the Criminal Code. The existence of capital punishment as one of the criminal types that is still recognized in the Criminal Law System in Indonesia, is often associated with absolute theory in criminal prosecution. Criminal acts committed by perpetrators are considered very evil, because it interferes with public security, threatens the safety of the people, and is seen as an extraordinary crime (extra ordinary crime). In relation to the crime of premeditated murder as mentioned in Article 581 of the Criminal Code Bill, it also includes a capital punishment, but it can be threatened alternatively with other criminal types, such as life imprisonment or imprisonment of a minimum of five years and a maximum of 20 years. In this case, the draft of the Criminal Code does not specify mutilations specifically as a criminal offense, but if viewed from the provisions of Article 55 paragraph (1) of the Criminal Code Bill, then mutilation may constitute a motive and purpose of committing a crime (letter b); how to commit a crime; as well as the attitude and actions of the producers after committing a crime. As for the suggestion to be conveyed is the government must still maintain the threat of capital punishment by making the rules clearly and firmly against the perpetrators of criminal acts of premeditated murder. The need of the Indonesian Criminal Code is urgent, the government is reasonable, to immediately enact it, so that the provisions contained in Article 55 of the Criminal Code Draft can be used as a guideline for the judge in the imposition of criminal verdict against murder murder with mutilation as incriminating, law, namely the creation of legal certainty, legal benefit, and legal justice.

Perlindungan Hukum Terhadap Rahasia Dagang Obat-Obatan Tradisional Atas Pemanfaatan Tanpa Hak dalam Sistem Hukum Hak Kekayaan Intelektual Indonesia Siti Hamidah
Jurnal Media Justitia Nusantara Vol 7, No 2 (2017): September 2017
Publisher : Program Studi Magister Ilmu Hukum Universitas Islam Nusantara

Secret commerce Protection, be accepted by the community industry, but instead secret commerce protection is still not entirely accepted by traditional communities in which their relations are still based on traditional ties. Traditional medicines have long been "living" in a traditional society, is regarded as a valuable economic asset. Of an object that needs to be maintained became the object of economic value. Countries that feel has a wealth of cultural and natural resources began to see that the traditional medicine trade should be optimized in the competition at the international level. The topics that will be examined include, How is the Legal Protection of Traditional Medicine Trade Secrets for the use of without rights in the Indonesian Intellectual Property legal system? And how is the legal standing of the Trade Secret of Traditional Medicines in order to protect Indonesian Intellectual Property Rights. The method used in the study of law is normative, analytical descriptive. The study was conducted in one step, namely, library research to obtain secondary data in the form of primary legal materials and secondary law. Analysis of the data used is the juridical analysis of qualitative data is analyzed qualitative data obtained through literature searches and interviews of primary data, the data analysis is presented in the form of descriptions. The results of the study found that the Legal Protection of Intellectual Property Rights to the trade secrets of traditional medicines would not be able to be carried out either because it collided with the character of traditional knowledge that was mostly anonymous, communal (collective), did not contain novelty, was not written / documented and forever belongs to the community while the IPR system requires the opposite. Indonesia already has legislation in the field of intellectual property rights but its implementation is still questionable because various factors include law enforcement and the public who are unfamiliar with the legal aspects of protecting intellectual property rights.

Hoax dalam Perspektif Hukum Indonesia Tansah Rahmatullah
Jurnal Media Justitia Nusantara Vol 8, No 2 (2018): September 2018
Publisher : Program Studi Magister Ilmu Hukum Universitas Islam Nusantara

The massive use of social media to share information that is not accompanied by adequate media literacy can be a serious threat to the Indonesian nation if the shared information is containing slander messages, fake news, hate speech, provocation, SARA sentiment. The hoax is a negative opinion contain slander and others, can lead to a riot, a clash, insecurity feeling, fear, ruined one’s reputation and material lost. The problems relate to Hoax in the perspective of Indonesian law about how is hoax regulated in Indonesian law and also its legal liability. This research uses normative legal research methods using a normative juridical approach. The normative juridical approach is conducted by examining and analyzing secondary data in the form of primary, secondary, and tertiary legal materials. Based on the research, it is found that in Indonesia there is differences regulation in legislation which become legal protection for handling hoax as indicated by the existing of the legislation that regulates a criminal act with different qualification and different legal threats. There is confusion as to which legal rule to use, whether the positive rule (Criminal Code) or a rule that specifically regulates the criminal acts committed in the cyberspace, in other words, sui generis. It is necessary to make efforts to find a comprehensive legal concept that can resolve the hoax.

Putusan Pengadilan Tanpa Perintah Penahanan Berdasarkan KUHAP dikaitkan dengan Pelaksanaan Eksekusi Toto Santosa
Jurnal Media Justitia Nusantara Vol 6, No 1 (2016): Februari 2016
Publisher : Program Studi Magister Ilmu Hukum Universitas Islam Nusantara

Article 197 paragraph (1) letter k Criminal Procedure Code states that the sentencing decision letter includes a requirement that the defendant be detained or kept in custody or released. Article 197 paragraph (1) letter k Criminal Procedure Code in practice many remained unfulfilled by the Judges in itsdecision, because there is a Judge's decision that declared the defendant guilty of committing a crime , but the verdict is not ordered that the defendant be detained. Article 197 paragraph (1) letter k Codes material ever tested in the Constitutional Court. After the release of the decision of the Court was still there is controversy about the decision of the court without a restraining order associated with the execution. The research specifications used are descriptive analytical, which is to provide data or images as thoroughly as possible about humans, circumstances or other symptoms. The research approach is a normative juridical approach, namely a method that emphasizes research on library data, or called secondary data through legal principles and legal comparisons. This research was conducted in one stage, namely library research. The technique in collecting data uses document studies. Normative-qualitative data analysis. The study found that court decisions in criminal cases need to be stated that the defendant is detained, or remains in detention orreleased as part of a clause to confirm the defendant's status is guilty and must be punished, even though it is not mandatory (since the Constitutional Court's decision) . Execution of court decisions that have permanent legal force, the prosecutor must immediately carry out the execution even though in the court ruling there is no statement of detention order. Court decisions that have obtained permanent legal force in criminal cases, which do not contain a detention order are still valid and do not result in the court decision being null and void by law, so the prosecutor as executor can carry out the execution of court decisions that have obtained permanent legal force.

Perlindungan Hukum Terhadap Narapidana Anak Terkait Dengan Hak Pembebasan Bersyarat di Lembaga Pembinaan Khusus Anak Klas III Bandung Berdasarkan Undang-Undang Nomor 11 Tahun 2012 Tentang Sistem Peradilan Pidana Anak Maretta Mugia Sajati
Jurnal Media Justitia Nusantara Vol 7, No 1 (2017): Februari 2017
Publisher : Program Studi Magister Ilmu Hukum Universitas Islam Nusantara

Parole is one part of prisoner formation in the correctional system. The purpose of parole for child prisoner is the social reintegration of child prisoners to generate motivation or encouragement to them towards the goal of coaching, give an opportunity to get education and skills to prepare themselves to live independently in the community after being free, encouraging people to actively participate in the implementation of correctional insitution, and significantly to reduce the number of prisoners. Law No. 11 of 2012 concerning the Child Criminal Justice System states that children who have undergone 1/2 their sentences in a prison and not less than 3 months of good behavior are entitled to parole. The problem identified in this study is how is the legal protection of child prison related to the right to parole at the LMKA, Class III Bandung? And how is the concept of fulfilling the rights of child prisoners in the process of coaching at the LMKA in order to fulfill the rights of future child prisoners? The research is descriptive analytical in the form of drawing and reviewing facts that are intended to provide a clear picture of the problem with the intention of providing data or a picture of the problem as thoroughly as possible. The approach method is normative juridical which focuses on research on library data through legal principles and legal comparisons. The research phase is carried out by collecting secondary data and then conducting library studies including interviews with several speakers as supporting data, which will be developed to strengthen the assumptions and conclusions to be formulated. Data analysis will be conducted in a juridical-qualitative manner, which is an analysis with descriptive-analytical decomposition. The results of the study found the implementation of the parole release program refers to the Regulation of the Minister of Law and Human Rights Number 21 of 2013 which is not in line with Law No. 11 of 2012. Child prisoners can take part in the parole program if they have undergone a minimum of 2/3 sentences periods of at least 9 months and behave well during the shortest period of 9 months. LMKA Class III Bandung has not been able to apply the requirements as stipulated in Law Number 11 of 2012 because there are no derivative implementing regulations. Seeing the existing developments, now is the right time to change or rearrange the legal substance through reviewing and structuring regulations on the implementation of prisoner guidance by paying attention to the hierarchy of legislation and respecting the fulfillment of human rights.

Perlindungan Hukum Terhadap Pernikahan Dibawah Tangan Dengan Wali Penghulu Berdasarkan Hukum Islam Yang Berlaku Di Indonesia (Studi Kasus Penetapan Pengadilan Agama Sukabumi Nomor: 0020/Pdt.P/2012/Pa.Smi.) Ajang Nurjaman
Jurnal Media Justitia Nusantara Vol 8, No 2 (2018): September 2018
Publisher : Program Studi Magister Ilmu Hukum Universitas Islam Nusantara

Marriage for Indonesian people is a phenomenon that is different from various aspects of life. Marriage can be used. Marriage can also be seen from various realities. Keywords: socio-cultural aspects, marriage. In addition, there are also activities mentioned between goods and services. One of the legal requirements of a marriage according to Islam is the existence of a marriage guardian. By these matters the problems referred to are as follows: (1) How is the marriage guardian regulated according to Islamic law in Indonesia? and (2) what legal action can be taken by a husband and wife who request that their marriage be refused because of their marriage guardian? The objectives of this thesis research are: (1) to find out how the marriage guardian is determined according to Islamic law in Indonesia, and (2) to find out what legal actions can be taken by the husband and wife whose application for marriage is dropped because of his marriage guardian The research methods used in this study are normative juridical research methods, using pragmatic truths where something is true if the truth can be proven. This research thesis uses primary legal material in the form of secondary data which is qualitative in nature which is a descriptive description of words and does not use numbers The results of this thesis research are: (1) the guardian of marriage according to the religion of Islamic law basically consists of: (a) guardian of the court, (b) the guardian of the judge. And (c) muhakkam guardian. Whereas in the customary regulations in Indonesia, the marriage guardian consists of: (a) the guardian of the court, and (b) the guardian of the judge. Thus the guardian of muhakkam which is recognized for its existence in Islamic law, at the meeting there are no rules in the wedding invitation rules in Indonesia, and (2) legal actions that must be carried out by a married couple who are not recognized by their marriage are: (a) remarriage , (b) seek legal appeal, or (c) make an effort to review.

PERLINDUNGAN HUKUM TERHADAP PRIVACY DARI SPAMMING BERDASARKAN UNDANG-UNDANG NO. 11 TAHUN 2008 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK Tansah Rahmatullah
Jurnal Media Justitia Nusantara Vol 4, No 2 (2015): September 2015
Publisher : Program Studi Magister Ilmu Hukum Universitas Islam Nusantara

Spamming, as an act of dissemination of unsolicited electronic message, has now become a real phenomenon asthe result of the development in information and communication technology and caused a new legal issues. Therefore, this research was intended to find out how spamming can be categorized into a breach over privacy, and how legal protection fromspamming can be implemented according to the Law Number 11 year 2008 about Information and Electronic Transaction. Based on the results of this research byusing normative juridical approach and comparative juridical approach can be seen that The Law of Number11 of 2008 on Electronic Information And Transactions(ITE) has no determined regulation that especially regulates spamming cases. In Article 26, Article 28 and 33 which is the subject of the study of principal problem studied have obscurity rules. Therefore, Government needs to formulize a legal system specifically intended to regulate spam cases and the act of spammingdue to many people have become the victims of it and resulted in huge loss. In addition of policy and regulation, there is user education factor becomes and important aspect in order to avoid the risk ofmisuse of personal data.

Keberadaan Komisi Yudisial Dalam Rangka Membangun Peradilan yang Bersih dan Berwibawa Fontian Munzil
Jurnal Media Justitia Nusantara Vol 7, No 1 (2017): Februari 2017
Publisher : Program Studi Magister Ilmu Hukum Universitas Islam Nusantara

The main problem in this research: first, how far does the existence of the Judicial Commission realize a dignified Judge? Second, how is the Judicial Commission strengthening as an effort to build a clean and authoritative judiciary?The research method used is normative juridical to analyze research data. Data was collected through a review of data obtained from secondary data, primary and secondary legal materials. Secondary data research on legislation by means of vertical and horizontal synchronization, including conducting legal comparison methods with other countries. The results of the study found, first, that the legislation has largely regulated the position of the Judicial Commission but in practice it cannot be fully implemented because of the lack of regulation and technical understanding with the Supreme Court as the technical understanding of the verdict as a basis for alleged violations of the code of ethics. Second, strengthening the existence and contribution of the Judicial Commission by giving practical contributions to the Supreme Court in the form of increasing the competence and welfare of judges with the Judicial Commission budget, and establishing a joint task force with other law enforcement agencies in order to maintain and uphold the honor, dignity and conduct of Judges and form representatives of the Judicial Commission in the region.

Konsep Pembentukan Badan Peradilan Khusus Penyelesaian Perselisihan Hasil Pemilihan Kepala Daerah (PILKADA) Dihubungkan Dengan Kewenangan Transisi Mahkamah Konstitusi Menurut Undang-Undang Nomor 10 Tahun 2016 Tentang Pemilihan Gubernur, Bupati, dan Walikota Hendri Darma Putra
Jurnal Media Justitia Nusantara Vol 8, No 1 (2018): Februari 2018
Publisher : Program Studi Magister Ilmu Hukum Universitas Islam Nusantara

In accordance with Article 157 paragraph (3) of Law Number 10 Year 2016 About the Second Amendment to Law Number 1 Year 2015 On Government Regulation Stipulation in Lieu of Law Number 1 Year 2014 on the Governors Election, Regents and Mayors into Law, Disputes over the final election result shall be examined and tried by the Constitutional Court until the a special judicial body established. The time limit for the special judicial body formation is prior to the national elections implementation, if interpreted systematically with reference to Article 201 paragraph (9) of Law No. 10 of 2016, the implementation will be held in 2024. But it is possible that before the deadline the special judicial body to handle local election matters has been established, so that the transitional authority of the Constitutional Court shall be delegated to the real authority holder.This study aims to find answers to how the Constitutional Court authority during the transitional settlement of dispute over election results of regional heads; and to find alternatives to establishment concept of the Special Judicial Body for Dispute over the Regional Head Elections Results. With the achievement of the objectives of this study is expected to contribute or contribute to the development of legal science in general, Constitutional Law in particular; and can be useful other than as material information, literature, and for the development of legal science concerning dispute over disputes election results of regional heads. The method used in this research is a normative juridical approach that is an approach in legal research using secondary data as the main source. The data analysis used is normative qualitative, which aims to have existing data and then analyzed qualitatively based on existing laws and regulations as a positive legal norm so as not to use numbers and mathematical and statistical formulas. The results of data analysis are presented in the form of description. Concerning the position of the Constitutional Court in exercising its authority in deciding different electoral disputes with previous elections. If in judicial review, the Constitutional Court is 'above' the law, then the Constitutional Court's position in handling the election dispute is under the law and only in the position of executor. As the implementer of the Constitutional Court law must obey and follow the law, so that the authority is not exceeded. The Constitutional Court will provide a model for handling disputes over the results of this election at a special judicial body later. While the concept of a special judicial body dispute election results is a. The institutional model is a special election adhoc court, within the administrative court of the State; b. Scope: only administrative authority related to election result disputes; c. Decentralistic Nature; d. Number of Judges 5 persons, by filling 2 PTUN career judges, 3 adhoc judges; e. Pilkada implementation system: National Serentak starting in 2024; f. Application of Procedural Law The special session of election result disputes is regulated in a separate regulation by adapting the concept of procedural law prescribed by the Constitutional Court at this time, with some confirmation and adaptation of the Constitutional Court.

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Home Page

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Contact Name Sukendar

Contact Email spsilmuhukum@uninus.ac.id

Phone +628122416324

Journal Mail Official sukendarsps@uninus.ac.id

Editorial Address Jl. Soekarno - Hatta No. 530, Bandung

Location Kota bandung, Jawa barat INDONESIA

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Contact Name
Sukendar

Contact Email
spsilmuhukum@uninus.ac.id

Phone
+628122416324

Journal Mail Official
sukendarsps@uninus.ac.id

Editorial Address
Jl. Soekarno - Hatta No. 530, Bandung

Location
Kota bandung,

Jawa barat

INDONESIA