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IBLAM Law Review

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Published by Sekolah Tinggi Ilmu Hukum IBLAM

ISSN : 22754146 EISSN : 27753174 DOI : 10.52249

Core Subject : Social,

Law, Crime, Criminology & Criminal Justice

Welcome to the official website of IBLAM Law Review. With the spirit of further proliferation of knowledge on the legal system in Indonesia to the wider communities, this website provides journal articles for free download. Our academic journal is a source of reference both from law academics and legal practitioner . IBLAM Law Review is a double-blind review academic journal for Legal Studies published by Lembaga Penelitian dan Pengabdian Masyarakat (LPPM) IBLAM School Of Law. IBLAM Law Review contains several researches and reviews on selected disciplines within several branches of Legal Studies (Sociology of Law, History of Law, Comparative Law, etc.). In addition, IBLAM Law Review also covers multiple studies on law in a broader sense. This journal is periodically published (in January, May, and September), and the approved and ready-to-publish manuscripts will also be regularly published in the website (with early view) and the hardcopy version will be circulated at the end of every period.

Arjuna Subject : Ilmu Sosial - Hukum

Articles 213 Documents

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THE IMPLEMENTATION OF MATERIAL CRIMINAL LAW TOWARD THE CRIME OF TRAFFICKING IN PERSONS Warsifah Warsifah; Julius Mangatur
IBLAM LAW REVIEW Vol. 1 No. 1 (2021): IBLAM LAW REVIEW
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat (LPPM IBLAM)

The unbalanced and unequal economic growth in society often creates social and social jealousy in the community. On the one hand, there is a group of people who have sufficient capacity economically, but on the other hand there is a group of people who have no economic capacity in their lives, so that the latter group is often a social problem that even commits the crime of theft, for example. The criminal act of theft according to the Criminal Code, there is an element of "burdensome" as regulated in Article 363 paragraph (1) of the 5th Criminal Code, namely: "It is punished with a maximum imprisonment of seven: Theft committed by a wrongdoer by entering the place. the crime or it can reach the goods to be taken, such as the example of the case presented by the author in this thesis research, namely the theft of a helmet which was committed by the defendant, preceded by the defendant entering the campus environment, the case of which was decided by the Sukabumi District Court with a decision Number: 17 / Pid. B / 2010 / PN. Skh. The formulation of the problem that will be discussed by the author are: 1) How is the application of material law to the perpetrator of the crime of theft with weighting? and 2) How is the law enforcement against the perpetrators of the crime of theft of a helmet with a weight as in Court Decision Number 17 / Pid.B / 2010 / PN. Skh? The research method that the author uses is the normative juridical method, meaning that the data used comes from library research, carried out by searching, quoting, taking notes, inventorying, analyzing, and studying data in the form of library materials needed and related to law enforcement against perpetrators. theft by weight. Finally, based on the results of the research, the authors conclude that law enforcement against the perpetrators of the crime of theft of a helmet with a weight as in Court Decision Number 17 / Pid.B / 2010 / PN. Skh, the defendant was threatened with article 363 paragraph (1) to 5 of the Criminal Code, so that the defendant Agus Hery Santoso Bin Diyono was found legally and convincingly guilty of committing a criminal act. for 2 (two) months and 15 (fifteen) days.

LEGAL PROTECTION AGAINST CHILDREN ONLINE PORNOGRAPHIC CRIME OBJECTS BASED ON LAW OF THE REPUBLIC OF INDONESIA NUMBER 44 OF 2008 CONCERNING PORNOGRAPHY Amsori Amsori; Debby Rizky Isnia
IBLAM LAW REVIEW Vol. 1 No. 1 (2021): IBLAM LAW REVIEW
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat (LPPM IBLAM)

The issue of legal protection for children who are the object of crime in Indonesia is very important because they are the future generation of the nation. One of the threats to children is the influence of online pornography, where the online world is now common to society. So that the public knows whether the state has made efforts to provide legal protection for children who are objects of online pornography crimes through the Pornography Law and to find out the extent to which the Pornography Law is used as a reference to get legal protection from perpetrators of online pornography crimes. In this research, it is analyzed juridically with deductive explanation regarding the provisions contained in the Law on Pornography in relation to the legal protection of children as objects of pornography crimes. It was found that since the early part of the Pornography Law has shown the spirit of legal protection for children starting from the definition of age limits categorized as children, the purpose of the law which clearly contains the words to protect children, to criminal provisions that stipulate an additional sentence of one third of the maximum a criminal threat if the pornographic crime involves a child. In decision Number 1363 / Pid.Sus / 2017 / PN JKT.SEL, the Pornography Law is mentioned as a reference in the ruling other than the Law on Electronic Information and Transactions, however in imprisonment and fines in the verdict it does not indicate that what was used is a criminal provision in the Pornography Law. In fact, according to the Criminal Code, if there are different rules, the heavier the criminal provisions are used. From the foregoing, it can be seen that the Pornography Law is here to answer the need for legal protection for children as objects of online pornography crimes. Then, criminal decisions related to pornography crimes should consistently refer to the Pornography Law in order to play an optimal role in preventing similar crimes from recurring and ensuring legal protection for children.

THE ROLE OF FIDUSIAN SECURITY LAWS IN PROTECTING ONLINE OJECT WHEN MAJOR SCALE OF SOCIAL RESTRICTIONS APPLY IN FROM CREDIT REMEDY CASE STUDY IN DKI JAKARTA Sugeng Jatmiko; Mohamad Fiqri Saifulloh
IBLAM LAW REVIEW Vol. 1 No. 1 (2021): IBLAM LAW REVIEW
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat (LPPM IBLAM)

The Financial Services Authority (OJK) issued OJK Regulation (POJK) No. 11 / POJK.03 / 2020 concerning National Economic Stimulus as a Countercyclical Policy on the Impact of the Spread of Corona Virus Disease 2019 which regulates that debtors affected by the Coronavirus get credit restructuring, especially for Micro, Small and Medium Enterprises (MSMEs) in the tourism, transportation, hospitality and other sectors. One of the points is related to relaxation of postponement of installments of up to one year and a reduction in credit interest for borrowers in the informal sector, micro-businesses, workers who are paid per day and run businesses in productive fields. The problem is how the role of OJK regulations in easing Ojek Online credit? And how is the legal protection for online motorcycle taxis when the Large-Scale Social Restrictions take effect in the context of credit relief based on Law Number 42 of 1999 concerning Fiduciary Security? The method used is normative juridical research. The conclusion is the role of OJK regulations in relieving online motorcycle taxi credit, namely by calling two online motorcycle taxi transportation companies to apply for credit relief which are carried out collectively so that they can provide driver data and vehicle data such as engine numbers and numeric numbers to make submissions easier. This is in accordance with the rules for credit leniency stipulated in OJK Regulation (POJK) Number 11 / POJK.03 / 2020 concerning Economic Stimulus as a Countercyclical Policy. These online transportation drivers are included in the credit easing category for one year due to the impact of the corona virus pandemic or Covid-19.

LEGAL REVIEW OF THE IMPLEMENTATION OF FEMALE DEVELOPMENT IN THE WOMEN'S CORRECTIONAL INSTITUTIONS CLASS IIA EAST JAKARTA PL Tobing; Emsahulina Emsahulina
IBLAM LAW REVIEW Vol. 1 No. 1 (2021): IBLAM LAW REVIEW
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat (LPPM IBLAM)

The purpose of guiding prisoners in prison in Indonesia is so that prisoners can improve themselves so that the objectives of the correctional system can be achieved so that prisoners are nurtured and guided to become better people. A person becomes a prisoner not only because the factors that cause the crime that come from outside are material, but also because his mental and spiritual factors have been damaged as a result of mistakes and socialization that shape his personality. The formulation of the problems in this research are: 1. How is the implementation of coaching for women assisted residents in LAPAS Perempuan? 2. What are the obstacles in the implementation of coaching for women assisted citizens at the Class IIA Women's Prison, East Jakarta? The research method that I use is a normative juridical method, which is to analyze the relationship between the prevailing laws and regulations with legal theories and the practice of implementing positive law concerning the issues discussed. The conclusion in this study is that the implementation of coaching for female prisoners at the Class IIA Women's Prison, East Jakarta, includes several procedures starting from the admission of prisoners, registration to the next stage of the implementation of the development of prisoners. The implementation stage itself consists of 4 (four) stages, namely the initial stage of teaching inmates to have religious and legal awareness, the advanced stage which gives directions to the inmates to always display their talents and skills so that while in prison, the prisoners have positive activities done. Furthermore, in the advanced stage, the two prisoners who have undergone half of their prison terms, which according to the Correctional Supervisory Team (TPP) are allowed to go outside the wall (assimilation), in the last stage are given provisions to become independent humans, live happily and participate actively in the community again. Some of the obstacles in the implementation of guidance for assisted citizens at LAPAS are conditions of overcapacity of LAPAS; Some of the prisoners do not have clear families; Lack of security personnel at LAPAS; Lack of attention to the fulfillment of institutional facilities at LAPAS; Lack of human resources such as teacher assistance and trainers.

LAW ENFORCEMENT ON UNDER AGE OF CRIMINAL WHICH ABUSE DRY MARIJUANA TYPES OF NARCOTICS R R Liya; Muhammad Agung Fazri
IBLAM LAW REVIEW Vol. 1 No. 1 (2021): IBLAM LAW REVIEW
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat (LPPM IBLAM)

The involvement of children in the world of narcotics cannot be separated from parental control, because parents must protect, educate and provide a decent life both physically and psychologically. Parents are expected to supervise and educate their children to stay away from narcotics abuse. By providing religious education and general education. The young generation is the backbone of the nation and the State, so that children, even though they have to face the law, must still receive protection. In writing this thesis the author provides an example of a case of a child who abuses narcotics and has been sentenced to imprisonment by a judge at the Pekanbaru High Court with his decision Number 68 / PID.SUS / 2013 / PTR. The formulation of the problems discussed by the author are: (1) How is law enforcement against offenders of minors who abuse narcotics? and (2) How is the application of material law to children as narcotics abusers as in Court Decision Number: 68 / PID.SUS / 2013 / PTR? The research method used by the author is a normative juridical method, which is to analyze the relationship between applicable laws and regulations with legal theories and the practice of implementing positive law concerning the issues discussed. Finally, the authors conclude that the application of material law to children as narcotics abusers as in Court Decision Number: 68 / PID.SUS / 2013 / PTR, turns out that there are differences in interpretation and differences in considerations so that there are differences in the provision of criminal sanctions against the accused. The District Court Judge sentenced a prison sentence of 1 (one) year, while the High Court judge imposed a heavier sanction of 2 (two) years and 6 (six) months imprisonment, which in the end had to be served, because this case only reached the appeal level in court High.

REDESIGN OF CUSTOMS VALUE PROOF MECHANISM BY CUSTOMS ADMINISTRATION ACCORDING TO WTO PROVISIONS (DISPUTE STUDY AT TAX COURT) Ardiyansah Ardiyansah
IBLAM LAW REVIEW Vol. 1 No. 1 (2021): IBLAM LAW REVIEW
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat (LPPM IBLAM)

Based on the analysis of the 2018 Tax Court decisions in customs value disputes, the judges' considerations in the decisions that reject customs decisions were mostly due to the appeal applicant is able to prove the correctness of the transaction value at trial based on supporting documents such as sales contracts, purchase orders, proof of payment, and bookkeeping. However, if there is any evidence that is incomplete or there is a different value, it is likely that the appeal is rejected. In order to explore how to prove customs value from normative and empirical aspects, research is compiled on the legal aspects of proving based on the provisions of WTO Agreemet on Implementation of Article VII of GATT . Normative juridical research result leads to one conclusion that the provisions for reversing the burden of proof are stipulated in the WTO Valuation Agreement, namely in article 17 and WTO Ministerial Decission 6.1. In addition, Technical Committee on Customs Valuation World Customs organization has published Case Study 13.1: “Application of Decision 6.1 of the Committee on Customs valuation”.

WORKERS LEGAL PROTECTION IMPLEMENTATION WITH A SPECIFIC TIME WORK AGREEMENT AT GRAFITECINDO CIPTA PRIMA COMPANY Heril Fahmi; Jaelani Sidiq
IBLAM LAW REVIEW Vol. 1 No. 1 (2021): IBLAM LAW REVIEW
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat (LPPM IBLAM)

Implementation of PKWT according to Law no. 13 of 2003 concerning Manpower states that the PKWT work relationship requires a written agreement in Indonesian and may not be for permanent work in the company which, if violated, will result in changing the work relationship to PKWTT. Likewise with the rights to wages, working time and employee participation in the BPJS. Meanwhile, the terms of work are regulated in a Work Agreement or Collective Bargaining Agreement. Workers Union at PT. GCP, namely GSPMII, has succeeded in overseeing the implementation of PKWT in the form of fulfilling work norms and conditions for PKWT workers in companies and also guaranteeing continuity to work at the company. Although there are still violations where the sanctions for violating the PKWT mechanism, namely changing the status to PKWTT, cannot be implemented so that there is a work agreement that always continues, but in the mind of the labor union, it is a solution to guarantee the continuity of work for PKWT workers in the company. This study limits the discussion to the problem of implementing PKWT at PT. GCP is in accordance with Law Number 13 of 2003 concerning Manpower and how the role of PUK GSPMII PT. GCP in overseeing the fulfillment of work norms and conditions and providing guarantees for the continuity of employment of contract workers in the company. This thesis research uses the empirical normative legal method where the authors conduct research on the application of labor law at PT. Grafitecindo Ciptaprima, where the researcher is in charge of the trade union. Employers must comply with the legal rules regarding the PKWT mechanism, including the fulfillment of temporary work norms and conditions for trade unions must have a good understanding and strategy in dealing with the problem of violating the PKWT mechanism, not only prioritizing legal certainty but also but also it would be better if it prioritizes the principles benefit, especially for workers.

FORCE MAJEURE CLAUSULES DUE TO COVID-19 IN BANK CREDIT AGREEMENTS Pita Permatasari
IBLAM LAW REVIEW Vol. 1 No. 1 (2021): IBLAM LAW REVIEW
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat (LPPM IBLAM)

Loan agreements usually contain clauses related to the rights and obligations betwen the debtor and creditor, but sometimes a force majeure clause is included if there is a situation beyond the will of the parties, such as natural disasters or war. The force majeure clause stipulated in Article 1244 and 1245 of Civil Code, in which there are for elements, first is there is an event that causes an achivement to be impossible, second is there is a cause that lies outside debtor’s fault, third is the causative factor was unexpected, and forth is the incident could not be blamed on the debtor. COVID-19 is considered a natioal disaster through the Presidential Decree of the Republic Indonesia Number 12 of 2020 dated April 13, 2020 concerning the Determination of the Non-Natural Disaster of The Corona Virus Desease 2019 (COVID-19) as National Disaster. Because of this, COVID-19 falls into category of relative or temporary force majeure. In addition, the government has made efforts to help the comunity, in this case UMKM actors who became debtors affected by COVID-19 by providing concessions for debtors to carry out kredit restructuring through the Finansial Services Authority Regulation Number 11/POJK.03/2020 Concerning National Economic Stmulus as Policy Countercyclical Impact of Coronavirus Disease 2019 Spread. The hope is to increase the resiliance of the debtor’s business in the midst of crisi due to the COVID-19 pandemic.

MAXIMUM CRIMINAL SANCTIONS FOR THE PERSONNEL OF Rape ACCORDING TO ARTICLE 285 KHUP (Case Study of Decision Number 131 / Pid.B / 2019 / PN.Cbi) Pitriadin Pitriadin; Usmanilala Usmanilala
IBLAM LAW REVIEW Vol. 1 No. 1 (2021): IBLAM LAW REVIEW
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat (LPPM IBLAM)

The research objective was to analyze and describe the provision of non-maximum criminal sanctions for perpetrators of the crime of rape according to Article 285 KHUP in Decision Number 131 / Pid.B / 2019 / PN.Cbi and to analyze and describe judges' considerations in deciding cases of rape in decision No. 131 / Pid.B / 2019 / PN.Cbi. The research method used is the method of data analysis and library research / normative legal research, including primary legal materials, secondary legal materials, and tertiary legal materials. The results of the study show that the imposition of criminal sanctions is not maximum for the perpetrators of the crime of rape in Decision Number 131 / Pid.B / 2019 / PN.Cbi has not provided a sense of justice for victims because in practice law enforcement officials including the panel of judges who should be a mouthpiece of justice turned out to be did not give maximum sanctions to the perpetrators, the panel of judges in the case even openly ignored the condition of victims who had experienced trauma and depression. This provides clear evidence that there is still a lack of guaranteed protection for victims of sexual violence, especially rape in Indonesian criminal justice. Judges considerations in deciding criminal cases of rape in decision No. 131 / Pid.B / 2019 / PN.Cbi which imposes imprisonment for 3 (years), namely when the perpetrator is aware of the consequences, the perpetrator is in a healthy condition and is capable of considering his actions. The judge also did not see any justification or excuse reasons which could be the reason for the elimination of the criminal offense committed by the perpetrator. The Panel of Judges only saw incriminating matters, namely the perpetrator's actions which made witness Erica Alendha Sari experience psychological trauma. In this case the judge did not consider guaranteeing the fulfillment of the rights of victims of sexual violence, especially rape, for remedy that must be accommodated at every stage of the criminal justice system. For this reason, it is necessary to formulate laws and regulations that guarantee the fulfillment of the right to treatment including the right to confidentiality of identity, the right to protection related to guarantees of not being blamed and prosecuted for their testimony and also the right to recovery for victims of violence so that they can continue their life.

JURIDICAL REVIEW OF THE IMPLEMENTATION OF A PARTICULAR TIME AGREEMENT BASED ON LAW NUMBER 13 OF 2003 CONCERNING MANPOWER Bunadi Bunadi; Marjan Miharja
IBLAM LAW REVIEW Vol. 1 No. 1 (2021): IBLAM LAW REVIEW
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat (LPPM IBLAM)

Industrial relations disputes are common in many companies. The dismissal process is often not in accordance with the provisions of labor regulations, one of which is regarding the dismissal of PKWT / contract workers. The formulation of the problems that the author discusses in this thesis are (1) What is the role of trade unions in fighting for dismissal disputes with PKWT / Contract workers? (2) Is the Application of a Fixed Time Work Agreement (PKWT) in accordance with the provisions of Law Number 13 Year 2003 concerning Manpower? The research method used in this research is juridical normative, namely looking at the law as a written norm made and promulgated by an authorized official or institution, the nature of descriptive analytical research is a study to obtain an overview of the main object of the problem being researched. The results showed that, the role of trade unions in companies in fighting for dismissal disputes against PKWT / Contract workers in accordance with Law no. 2 of 2004 concerning PPHI article 6 in conjunction with article 8 in conjunction with article 81, namely by conducting a bipartite effort between the labor union and the company, because the bipartite effort failed, then submitted a mediation request to the Manpower Office. The mediation attempt still failed and subsequently filed a lawsuit for dismissal disputes at the Industrial Relations Court, although it was unsuccessful. The application of a fixed-term employment agreement (PKWT) is contrary to the provisions of Law number 13 of 2003 concerning Manpower Article 59 paragraphs (1), (2), and (7). In addition, the PHI Judge in deciding the case did not reflect a sense of justice and ignored the evidence presented by the plaintiff (the worker). This problem should not have occurred, if the company obeyed and understood the labor regulations regarding workers who could be promised under a non-permanent contract or PKWTT.

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Home Page

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Editorial Team

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Contact Name Rahmat Dwi Putranto

Contact Email rdp@iblam.ac.id

Phone +6282186310996

Journal Mail Official Wahyu@iblam.ac.id

Editorial Address IBLAM Kampus A Jl. Kramat Raya No. 25, Senen Jakarta Pusat Tel / fax : (021) 21392851

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Abstract

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Abstract

Contact Name
Rahmat Dwi Putranto

Contact Email
rdp@iblam.ac.id

Phone
+6282186310996

Journal Mail Official
Wahyu@iblam.ac.id

Editorial Address
IBLAM Kampus A Jl. Kramat Raya No. 25, Senen Jakarta Pusat Tel / fax : (021) 21392851

Location
Kota depok,

Jawa barat

INDONESIA