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INDONESIA
LEGAL BRIEF
Published by Ihsa Institute
ISSN : 1979522X     EISSN : 27224643     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
The LEGAL BRIEF is a publication that is published every half-yearly and is intended as a forum for the exchange of ideas, studies and studies, as well as being a conduit of information, for the purpose of developing the development of legal science and those related to law in Indonesia. This publication contains scientific writings within the scope of business law from experts, academics, and practitioners. The writings are published after going through a review of bestari partners and editing by the editorial board without changing the substance of the subject matter. The writing in this publication is entirely the opinion and personal responsibility of the author and cannot be interpreted as reflecting the opinion of the Publisher. LEGAL BRIEF, an open-access journal, is blind peer-reviewed and published May and November every year. The journal accepts contributions in English/Indonesia (Preferably in English). LEGAL BRIEF is providing scholars with the best, in theory, research, and methodology as well as providing a platform to professionals and academics to share their ideas, knowledge and findings. The main objective of this journal is to provide a channel for the publication of articles based on original research as well as commentaries on a range of areas including legal issues related to law. LEGAL BRIEF publishes original papers, review papers, conceptual framework, analytical and simulation models, case studies, empirical research, technical notes, and book reviews.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
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Search results for , issue "Vol. 8 No. 2 (2019): Law Science and Field" : 5 Documents clear
POLRI's Efforts to Address Sexual Violence Against Children Stella Marsha
LEGAL BRIEF Vol. 8 No. 2 (2019): Law Science and Field
Publisher : IHSA Institute

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Abstract

The rise of crimes that often occur in the community that makes sadness, namely sexual violence that occurs a lot in children is proven by based on statistical data from the UPTD P2TP2A Lampung Province which shows a significant increase in sexual violence against children within one year. The problem in this research is how is the effort of the National Police in tackling sexual violence against children? and what is the obstacle factor for the National Police in its efforts to combat sexual violence against children? This study uses a normative juridical approach and empirical jurisdiction. The informants of the study were the Tanjung Karang Timur Police Investigator, the UPTD P2TP2A Team in Lampung Province and the Lecturer in the Criminal Law Section of the Faculty of Law, University of Lampung. Based on the results of the research at the Tanjung Karang Timur Sector Police, the National Police's efforts in tackling sexual violence against children were first through Pre-eminent efforts, namely socialization of the community and children to prevent sexual violence that was rampant in children, both Preventive efforts carried out by officers with routine activities the police for prevention efforts are by carrying out patrols and hunting activities, the three repressive efforts, which are carried out by the police by giving strict sanctions to the perpetrators and providing guidance to the perpetrators while serving the sentence. The inhibiting factor is that the low awareness of the community to be involved in efforts to maintain and maintain Kamtibmas can be a trigger for the rise of criminal cases in the community.
Analysis of Bigo Live Application Abuse as a Form of Copyright Infringement Acta Yoga Pratama
LEGAL BRIEF Vol. 8 No. 2 (2019): Law Science and Field
Publisher : IHSA Institute

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Abstract

Bigo Live as one of the broadcast applications in the form of live streaming video for android smartphone users can be misused and become a violation of copyright in the field of copyrighted films (cinematography). The actor recorded a film that was being shown in theaters and the film was broadcast live using the Bigo Live application. Research problems: (1) What are the legal consequences of the abuse of the Bigo Live application in cinema as a violation of the copyright protection of a film (cinematography)? (2) What is the criminal responsibility for the perpetrators who violate the copyright protection of a film (cinematography)? The problem approach used in this study is empirical juridical, with speakers from Bandar Lampung Police and Criminal Law Lecturers at the Faculty of Law. Data collection through literature studies and field studies. Data analysis is done qualitatively. The results of this study indicate: (1) The legal consequences of the abuse of the Bigo Live application in cinema as a form of violation of the copyright protection of a film (cinematography) include the legal consequences for the perpetrators and legal consequences for copyright holders. The legal consequence for the perpetrator is that the perpetrator can be subject to criminal sanctions, either imprisonment or fines for violations committed without the right to broadcast the film through the Bigo Live application. Meanwhile the legal consequences for the copyright owners are to obtain legal protection for violations of their copyright rights that are misused by others. (2) Criminal liability against perpetrators who commit violations of copyright protection of a film (cinematography) is based on an element of error and intentional conduct, the ability of the defendant to be responsible, there is no justification and forgiving for the defendant in violating the protection of rights copyright a film (cinematography). Suggestions for research are: (1) The public who use internet-based media applications to be morewise and responsible in using the media (2) The criminal responsibility for the perpetrators of crimes in order to provide guidance efforts so as not to repeat their mistakes in the future.
Coordination Relationship Between Bhabinkamtibmas and Village Officials in Crime Cases of Theft through Penal Mediation Agnessia Kurnia Puspa Herwoko
LEGAL BRIEF Vol. 8 No. 2 (2019): Law Science and Field
Publisher : IHSA Institute

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Abstract

The concept in the criminal justice system is not known as mediation, but at present there is a growing reasoning mediation which is examined at the level of regulation under the law which is partial and limited in nature, so that the mediation mediation is regulated in the Letter of the Chief of the National Police No. Pol: B / 3022 / XII / 2009 / SDEOPS on Handling Cases through Alternative Dispute Resolution (ADR). Communities that are exposed to the scope of the Pekon Rembuk regulation in the Marga Tiga still have the trust of those whose level is higher than the community and the values contained in the settlement of criminal cases committed through the mediation of the said criminal. The problems in this thesis are: 1. What is the model for solving theft cases through reasoning mediation by Bhabinkamtibmas and village apparatus in Margatiga village? 2. How is the coordination between Bhabinkamtibmas and the village apparatus in settling cases of theft through criminal mediation? The approach to the problem in this paper uses a normative juridical approach and empirical jurisdiction. The sources and types of data used are primary data and secondary data. The data of collectted by literature study and field studies. Data analysis used is qualitative analysis. Based on the results of the research and discussion, it was concluded that the problem solving was carried out by way of Pekon Rembuk. This settlement process was with a model of finding parties and village officials and police institutions or local village Bhabinkamtibmas with mekanisme: 1. Prepeace 2. Peace 3. Post peace. In the three processes that have been passed, this case of theft can indeed be resolved through reasoning mediation between the two parties with the mediator of the village apparatus and Bhabinkamtibmas. Because indeed problems like this can be done through village meetings or other languages in Rembuk Pekon which have often been carried out by village officials and other institutions that are indeed capable of law or understand how to solve cases or problems that exist within the village community in the Marga Tiga. The coordination relationship between Bhabinkamtibmas and the village apparatus in settling criminal cases through criminal mediation is based on the relationship between the village apparatus and members of the local village police namely Bhabinkamtibmas.
Analysis of Legal Protection of Child Abducted Victims by Educators in South Lampung Andi Setiawan
LEGAL BRIEF Vol. 8 No. 2 (2019): Law Science and Field
Publisher : IHSA Institute

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Abstract

The crime of kidnapping a child is an improper act carried out by an educator. Moreover, school is an educational institution that is very much needed for child development in the future, every child who is a victim of abduction will usually experience a negative impact on his mental development as in the case of South Lampung. The problem in this study is how is the legal protection of children abducted by educators? What are the inhibiting factors for legal protection for child victims of abduction by educators? The approach to the problem used in this study is a normative juridical and empirical juridical approach. Source and type of data consists of primary data and secondary data. The procedure for collecting data is obtained by means of library research and field studies conducted by direct interviews with respondents. After the data is collected, it is then analyzed qualitatively which is then taken as a conclusion. Based on the results of the research and discussion, it was found that legal protection for children who were abducted by educators In South Lampung, through Community Based Integrated Child Protection (PATBM), socializing children's rights, through Child Advocacy Institutions, and the Police as an effort to prevent and prevent factors that cause a person to commit a crime kidnapping children is a factor in deviant behavior (revenge), which is right because of the lack of obedience in carrying out religious orders, lack of understanding of the values ??of the faith in the perpetrator, as well as the low level of education and knowledge within the perpetrator. The inhibiting factors for legal protection for child victims of abduction by educators are the size of the community's legal awareness and the poor legal culture in the community. This can be seen from the actions of the community that are not cooperative towards investigators and lack of legal compliance. Repressive (preventive) and preventive (prevention) legal protection involves law enforcement officials, namely the Police, Child Protection Institutions, Prosecutors and Courts.Legal Protection
Analysis of Basic Legal Considerations of Judges Against Perpetrators of Vanishing Campaign Props in Tanggamus Regency (Decision Study Number 91 / Pid.Sus / 2018 / PN Kot) Annisa Amanda Pratiwi
LEGAL BRIEF Vol. 8 No. 2 (2019): Law Science and Field
Publisher : IHSA Institute

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Abstract

The next general election (election) is a form of democratic life that is the right of every citizen of the Republic of Indonesia. The problem in this study is how is the legal basis of judges judging the perpetrators of Campaign Props in Tanggamus Regency based on Decision Number 91 / Pid.Sus / 2018 / PN Kot and whether the judge's decision against the perpetrators of Campaign Props in Tanggamus Regency is based on Decision Number 91 / Pid.Sus / 2018 / PN Kot has fulfilled a sense of substantive justice? .Approach to the problem is carried out in an empirical juridical way by conducting research directly at the research location by looking, asking questions and hearing from the parties concerned. Data sources obtained by using primary data and secondary data. The procedure of data collection is done by means of library research and field research. Data analysis in this study used qualitative analysis. The results of the research and discussion show that the basis of Judge Considerations in Case Number 91 / Pid.Sus / 2018 / PN Kot defendants have legally and convincingly committed criminal acts and eliminated campaign props and were sentenced to prison for 1 (one) month each. . The judge does not impose a maximum sentence of more than 1 month and 15 days. The suitability of the Judge's decision to impose a criminal offense against the campaign props with the applicable legal provisions. which is lighter than the claim by the Public Prosecutor, which is six months in prison and has fulfilled the elements in the Article. Suggestion, the judge must consider the element or purpose of eliminating the campaign props.

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