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Politika Progresif : Jurnal Hukum, Politik dan Humaniora
Published by Lembaga Pengembangan Kinerja Dosen
ISSN : 30466172     EISSN : 30465656     DOI : 10.62383
Core Subject : Humanities, Social,
Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences
Politika Progresif : Jurnal Hukum, Politik dan Humaniora adalah jurnal yang ditujukan untuk publikasi artikel ilmiah yang diterbitkan oleh Lembaga Pengembangan Kinerja Dosen, Lembaga Penelitian dan Pengabdian Masyarakat Lembaga Pengembangan Kinerja Dosen. Jurnal ini adalah Jurnal Hukum, Politik dan Humaniora yang bersifat peer-review dan terbuka. Bidang kajian dalam jurnal ini termasuk sub rumpun Ilmu Hukum, Ilmu Politik, dan Ilmu Humaniora. Politika Progresif : Jurnal Hukum, Politik dan Humaniora menerima artikel dalam bahasa Inggris dan bahasa Indonesia dan diterbitkan 4 kali setahun: Maret, Juni, September dan Desember.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 11 Documents
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Upaya Penegakan Hukum Terhadap Kasus Peredaran Hasil Tembakau Ilegal Oleh Aparat Bea Dan Cukai Gorontalo Nurul Fahirah; Suwitno Yutye Imran; Waode Mustika; Nurul Fazri Elfikri
Politika Progresif : Jurnal Hukum, Politik dan Humaniora Vol. 1 No. 1 (2024): Maret : Politika Progresif : Jurnal Hukum, Politik dan Humaniora
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/progres.v1i1.62

Abstract

This research aims to find out and analyze how law enforcement efforts are carried out in cases of distribution of illegal tobacco products by Gorontalo Customs and Excise officials. This research is classified as empirical research using a qualitative approach and then using data collection techniques by means of interviews, literature review, documentation, and using descriptive data analysis. The results of this research indicate that law enforcement efforts against the circulation of illegal tobacco products by Gorontalo Customs and Excise officials include preventive law enforcement (prevention) and repressive law enforcement (Action). In preventive law enforcement Customs and Excise officials carry out legal socialization activities, routine patrol activities and carry out observations, to enforce repressive laws from Customs and Excise officials when they receive information from the intelligence unit or complaints from the public, the data received is then analyzed. If the results of the analysis show that the data meets operational standards then the process of action, deterrence, inspection, sealing and confiscation is continued. . Customs and Excise officials in carrying out law enforcement have not yet reached the realm of court, only the imposition of administrative sanctions. Keywords: ; ;
Diskursus Pertimbangan Hakim Terkait Studi Kejahatan Seksual Terhadap Pekerja Seks Komersial Anak Fauzia Musdalifa Z. A. Nuna; Suwitno Yutye Imran; Jufriyanto Puluhulawa
Politika Progresif : Jurnal Hukum, Politik dan Humaniora Vol. 1 No. 1 (2024): Maret : Politika Progresif : Jurnal Hukum, Politik dan Humaniora
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/progres.v1i1.63

Abstract

This research aims to determine and analyze the role and position of child victims in sexual crimes and legal protection efforts through victimology theory in normative decisions. Legal materials are collected through document study, then analyzed prescriptively. The research results found that there are regulations that have not been specifically regulated to protect children from all sexual crimes. Then, the role and position of the child victim which was not assessed as a consideration by the Judge in Decision Number 102/Pid.sus/2022/PN Lbo is something that hinders legal protection efforts for children. This research also contains victimology analysis of child victims using the Carroll Formula as well as other analyzes that show the victim's position as a commercial sex worker, which shows that there is a trigger for a crime. Victimology theory in decisions is important to understand the role of child victims who are considered passive perpetrators so that the theory of justice can be included in decisions and child protection through victimology theory can be implemented.
Dampak Pernikahan Dini Terhadap Anak Dibawah Umur Dan Probelmatika Hukumnya Fathurrohman Fathurrohman; Muhamad Wahyu; Lili Koesneti Puji Astuti
Politika Progresif : Jurnal Hukum, Politik dan Humaniora Vol. 1 No. 1 (2024): Maret : Politika Progresif : Jurnal Hukum, Politik dan Humaniora
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/progres.v1i1.77

Abstract

Marriage involves individual rights such as opinion, privacy non-discrimination. Early marriage is the practice of marriage involving one or both partners who are still young, where both are still under the legal age or generally recognized age of adulthood. Early marriage can be influenced by various factors, namely social, pressures. Family involvement, cultural norms, and gender inequality can also play an important role in the decision to marry early. Early marriage of minors creates legal problems, which involve violations of children's rights and also gender inequality. The age for marriage must be completely mature, which is 19 years for men and 16 years for women. If both of them are still young, or you could say like young onions, their marriage will always be filled with problems. Both of them still have the same high level of egoism, are still children and still only think for a few days. In Indonesia Regulates the second amendment to Law no. 1 of 1974 confirms that the minimum age limit is 19 years, and 16 years for women. A woman is someone who has reproductive organs which are related to the ability to give birth to children. Meanwhile, a man is someone who has reproductive organs that play a role in reproduction itself. In Indonesia, the case of early marriage is still a very serious and vulnerable issue. As reported by the KEMENKO PMK, it was stated that there were around 1.2 million cases of early marriage in Indonesia. The proportion of women aged 20-24 years who were married before the age of 18 was 11.21% of the total number of children. This means that around 1 in 9 women aged 20-24 years were married as children. Meanwhile, around 1 in 100 men aged 20-24 years were married as children. Due to the large number of cases regarding underage marriage, the government's role must be agile and fast in dealing with important cases like this. The government must play a role in preventing how to prevent cases of underage marriage from increasing every year.
Kesesuaian Pertimbangan Hakim Terhadap Kriteria Plagiarisme Undang – Undang No 28 Tahun 2014 (Analisis Putusan Nomor 31/ PDT.SUS-HAK CIPTA /2020/ PN.JKT.PST) Reza Fauzia Hanum; Yudho Taruno Muryanto
Politika Progresif : Jurnal Hukum, Politik dan Humaniora Vol. 1 No. 1 (2024): Maret : Politika Progresif : Jurnal Hukum, Politik dan Humaniora
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/progres.v1i1.82

Abstract

This study aims to determine the criteria for plagiarism of fine arts according to Law Number 28 of 2014 concerning Copyright. In addition, it also seeks to determine the basis for the judge's consideration in Decision Number 31 / Pdt.Sus-Copyright / 2020 / Pn.Jkt.Pst. In this study, normative legal research was prescriptive. Normative is prescriptive, namely, examining library materials indicated in written regulations. The approaches used in writing this law are the case and statutory approaches. The results of this research, according to Law Number 28 of 2014 concerning Copyright, the criteria for plagiarism of works of fine art are if they meet the elements of 1) the existence of similarities in whole or in part that are substantial, 2) the recognition of private property to imitation works and 3) cause losses to the creator of imitation of works. In the judge's consideration in deciding the alleged case of plagiarism, the judge should take into account the following: 1) Proving the similarity between Love Light and Urban Light; 2) There is a loss incurred by the Plaintiff. In this case, the judge's consideration is based on the regulations of Law Number 28 of 2014 concerning copyright, and the plaintiff can also prove all of them so that the defendant is found guilty.
Tanggung Jawab Penerbit dan Manajer Investasi Terhadap Kasus Gagal Bayar (Default) Dana Investasi Reksadana Yang Dialami Investor : Studi Kasus PT. Tridomain Performance Materials Tbk Juan Dicky A. Sukatendel; Yudho Taruno Muryanto
Politika Progresif : Jurnal Hukum, Politik dan Humaniora Vol. 1 No. 1 (2024): Maret : Politika Progresif : Jurnal Hukum, Politik dan Humaniora
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/progres.v1i1.116

Abstract

The capital market is an important part of representing the country's economic conditions. In the capital market there are several instruments that are traded, one of which is mutual funds. Mutual funds are quite an attractive option for the community, but there are cases of default that make mutual fund investors suffer losses. This research uses a normative juridical approach method, namely library legal research conducted by examining library materials or secondary data as a basis for research by conducting a search for laws and literature related to the problems studied. Legal protection can be done by using preventive and repressive legal protection in mutual fund investment cases as a form of protection to investors from the government. The losses suffered by investors due to the default of PT TDPM to MMI, indicate that TDPM has a responsibility that can be in the form of paying all obligations and compensation and accepting all sanctions that can be in the form of administrative, civil, to criminal. Preventive legal protection can be seen in the existence of laws and regulations such as the Capital Market Law, P2SK Law, POJK 48/2015, POJK 31/2015, and others. Repressive legal protection is in the form of enforcement of sanctions from administrative even to bankruptcy. Responsibility must be carried out by TDPM, namely paying obligations along with interest according to the debt restructuring agreement until the imposition of sanctions. And it is necessary to see the form of MMI's responsibility as the Investment Manager in this case.
Menyoal Akibat Hukum Atas Pembuatan Akta Jual Beli Yang Tidak Dibacakan Oleh Notaris/PPAT Di Hadapan Para Pihak Aldi Pradana Muhammad; Rusdianto Sesung
Politika Progresif : Jurnal Hukum, Politik dan Humaniora Vol. 1 No. 1 (2024): Maret : Politika Progresif : Jurnal Hukum, Politik dan Humaniora
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/progres.v1i1.118

Abstract

This research investigates the implications of not reading out the legal consequences of a sale and purchase deed prepared by a Notary/PPAT in front of the concerned parties. It employs a descriptive approach, drawing from various literature sources such as books, research findings, journals, and articles. The study underscores the Notary/PPAT's responsibility to orally communicate the deed's content to the involved parties. Failure to do so diminishes the deed's authenticity. Although the deed remains legally valid regarding the transaction, its authenticity suffers, likening it to an underhand deed. Consequently, Notaries/PPATs who overlook this obligation may face sanctions as per the relevant ethical codes for their negligence.
Tindakan Hukum Yang Di Lakukan Oleh Pelaku Usaha Terkait Kerugian Yang Di Akibatkan Oleh Orderan Fiktif Moh Aditya Adjara; Mutia Cherawaty Thalib; Dolot Alhasni Bakung
Politika Progresif : Jurnal Hukum, Politik dan Humaniora Vol. 1 No. 2 (2024): Juni : Politika Progresif : Jurnal Hukum, Politik dan Humaniora
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/progres.v1i2.131

Abstract

The purpose of this study leads to legal action that can be done by business actors related to losses caused by fictitious orders and legal protection against business actors in online buying and selling transactions Cash on Delivery (COD) payment methods. This type of research is a juridical normative research that leads to legal norms, legal principles and using the statute approach (legislation) and supported by the fact approach (the Fact Approach) and conceptual approach (concept approach). The results of the study that the form of legal protection against business actors who are harmed by consumers is in the form of compensation and/or sanctions against consumers when consumers still do not replace the losses as intended. Although Chapter 13 of the UUPK does not specify criminal sanctions against consumers in particular, this does not mean that consumers can avoid criminal sanctions. Criminal sanctions can be imposed against consumers if the consumer's actions have met the criminal elements. The legal action of business actors against consumers who make fictitious orders can then implement the principle of strict liability, business actors who feel aggrieved over the actions of consumers who are not responsible for the goods that have been ordered can demand compensation or compensation without having to dispute the presence or absence of elements of error on the part of consumers. The threat of punishment obtained against consumers who are proven to have committed fraud will be subject to imprisonment for a maximum of four years in accordance with Article 378 of the Criminal Code.. Therefore, it should pay more attention to legal certainty regarding legal protection not only to consumers but also to business actors. Because basically losses can not only be experienced by consumers but can also be experienced by business actors.
Status Hukum Atas Tanah Yang Belum Bersertifikat Yang Sementara Disengketakan Oleh Ahli Waris dan Masyarakat Desa Tolitehuyu Kecamatan Monano Kabupaten Gorontalo Utara Ferawati Potonuo; Nur Mohammad Kasim; Moh. Taufik Z. Sarson
Politika Progresif : Jurnal Hukum, Politik dan Humaniora Vol. 1 No. 2 (2024): Juni : Politika Progresif : Jurnal Hukum, Politik dan Humaniora
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/progres.v1i2.134

Abstract

This research aims to find out the legal status of uncertified land that is disputed by the heirs and the community of Tolitehuyu village, Monano District, North Gorontalo Regency and to find out the form of legal settlement by the Tolitehuyu Village Government regarding disputed uncertified land. This research uses empirical methods. The results of this research show that the legal status of land ownership by the people of Tolitehuyu Village, Monano District, North Gorontalo Regency, some have a certificate and some do not have a certificate for the land they own. Where those who already have a legal status certificate are already the property of that community. Furthermore, for those who do not yet have a certificate, the legal status of their land is unclear or still weak. So the legal status must be registered with the National Land Agency of North Gorontalo Regency in accordance with the provisions of the applicable laws. The role of the Tolitehuyu Village Government in resolving uncertified land disputes in the community can be achieved by mediating through an intermediary called a modiator. The process of resolving land disputes by the Tolitehuyu Village Government is carried out in stages, namely submitting a complaint to the hamlet head, head The village presents the parties to the dispute, collects data, mediates and reads the decision.
Konsistensi Tuntutan Jaksa Dalam Tindak Pidana Penipuan Dilihat Dari Asas Dominis Litis. Anatasya Awalia S. Hasan; Fence M. Wantu; Julisa Aprilia Kaluku
Politika Progresif : Jurnal Hukum, Politik dan Humaniora Vol. 1 No. 2 (2024): Juni : Politika Progresif : Jurnal Hukum, Politik dan Humaniora
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/progres.v1i2.136

Abstract

Criminal disparity refers to dissenting judgments regarding the same criminal act or one that possesses dangerous characteristics, both of which can be compared without clear justification. This research aims to understand and analyze whether the existence of disparities in prosecution can fulfill the legal perspectives’s objectives and to identify and analyze the factors causing disparities in prosecution in Cases Number: 176/Pid.B/2019/PN Gto and Cases Number: 163/Pid.B/2019/PN Gto by using a normative research method with a case approach. The technique employed involves a literature review supported by descriptive analysis a supplementary method. The research findings are as follows: firstly, in both verdicts, Number 176/Pid.B/2019.PN Gto and Number 163/Pid.B/2019/PN Gto, it is observed that they still do not fully meet the legal perspective’s objectives because there are legal objectives that remain unfulfilled. Secondly, both verdicts contain factors influencing the occurrence of disparities in prosecution, including the consequences caused, considerations from the prepator’s prespective, personal factors, aggravating and mitigating circumstances, and the extent of the losses incurred.
Tuntutan Jaksa Terhadap Pencemaran Nama Baik Pasca Putusan MK Ria Beu; Fence M wantu; Jufryanto Puluhulawa
Politika Progresif : Jurnal Hukum, Politik dan Humaniora Vol. 1 No. 2 (2024): Juni : Politika Progresif : Jurnal Hukum, Politik dan Humaniora
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/progres.v1i2.139

Abstract

The purpose of this research is to determine the demands of prosecutors at the Bone Bolango district attorney's office regarding defamation on social media and to determine the factors that influence the disparity in prosecutors' demands at the Bone Bolango district attorney's office regarding criminal acts of defamation on social media. The research method used is a type of empirical research, namely a legal research method that functions to see the law in real terms and examine how the law works in society. The results of the research obtained regarding the prosecutor's demands at the Bone Bolango District Prosecutor's Office regarding defamation on social media, there is a disparity in the demands therein, where in the same case the level of material is the same, but the prosecution in both cases is too far apart, this is caused by several factors. These include social reasons, trial facts and statutory regulations. The conclusion that there is a disparity in sentences demanded by public prosecutors was never intended to eliminate the difference in the amount of punishment for criminals, but rather to reduce the range of differences in sentences imposed because this disparity which is too far is contrary to justice and law enforcement and has an impact on the wider community.

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