LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan

TINDAKAN MELAWAN HUKUM ANALISIS TERHADAP BENTUK DAN EFEKTIVITAS REGULASI DALAM MENCEGAH ANCAMAN KESELAMATAN ANGKUTAN UDARA

Sujono, Diding Rahmat, Subhan Zein Sgn — Tue, 04 Feb 2025 00:00:00 +0000

Illegal acts in aviation are a serious threat to air transport safety, which can have a broad impact on the global transportation system. This study aims to identify forms of illegal acts that can endanger aviation safety and analyze the effectiveness of existing legal regulations in dealing with them. The method used is normative legal research with a statutory approach and a conceptual approach. The results of the study indicate that forms of illegal acts that can endanger aviation safety include aircraft hijacking, smuggling of illegal goods, sabotage of aircraft or aviation infrastructure, negligence or violation of flight procedures, terrorism, use of drones for illegal purposes, and violations of passenger and cargo security. Existing legal regulations, such as the 1963 Tokyo Convention, the 1970 Hague Convention, the 1971 Montreal Convention, and Law No. 15 of 2003 concerning Criminal Acts of Terrorism, provide a strong legal basis in dealing with these threats. However, its effectiveness still requires improvement through consistent law enforcement, increasing the capacity of related institutions, and adapting to the development of new threats in the aviation sector.

PENEGAKAN HUKUM BALAP LIAR MOTOR ANAK DI WILAYAH POLDA METRO JAYA

Dimas Agung Prasetyo, Potler Gultom — Tue, 04 Feb 2025 00:00:00 +0000

Illegal street racing is a social issue. Street racing is a race conducted outside official circuits, on public roads or other open areas not designated for racing. Street racing often involves various types of vehicles, including cars, motorcycles, and bicycles. This activity is frequently unregulated by law or lacks official permits, and is deemed highly dangerous for participants and the general public due to non-compliance with applicable rules. Sanctions can be imposed. The juridical-normative research employs primary and secondary data. The discussion results in law enforcement efforts both through preventive and repressive measures. According to Law Number 22 Year 2009, punitive measures include a fine of Rp. 3,000,000.00 under Article 309, and, to serve as a deterrent effect, the police can impound vehicles for two months. A managerial challenge faced by the Police is the passive or indifferent attitude of some members of the public towards illegal motorcycle racing actions.

IMPLEMENTASI DAN TANTANGAN ASEAN OPEN SKIES DALAM MENINGKATKAN KONEKTIVITAS UDARA DI ASIA TENGGARA

Ridha Aditya Nugraha, Sungkono, Bambang Widarto — Tue, 04 Feb 2025 00:00:00 +0000

ASEAN Open Skies is a strategic initiative aimed at creating an open and efficient aviation market in Southeast Asia by enhancing connectivity, trade and tourism among member countries. This policy eliminates barriers to air services, both for cargo and passengers, through multilateral agreements such as the ASEAN Multilateral Agreement on the Full Liberalisation of Air Freight Services. Although this policy has great potential to improve ASEAN's competitiveness in the global market, its implementation faces various challenges, such as differences in regulations between countries, disparities in airport infrastructure, and the need to harmonize domestic policies with international standards. This study uses a normative juridical legal method with a statutory and conceptual approach to examine the challenges in implementing ASEAN Open Skies and its impact on regional air connectivity. The results show that this policy has the potential to accelerate economic growth and the tourism sector, but requires solutions to regulatory challenges and infrastructure development to achieve these goals effectively.

SANKSI PIDANA TERHADAP PENGUSAHA YANG MEMBAYAR UPAH DI BAWAH KETENTUAN UPAH MINIMUM (STUDI KASUS PUTUSAN NOMOR 109/PID.SUS/2020/PN.CBI)

Dhika Nugraha Putra, Ardison Asri — Tue, 04 Feb 2025 00:00:00 +0000

Employment development is a very important part of national development and is carried out as part of the overall development of Indonesian people and society to create a prosperous, just, and evenly distributed society, both materially and spiritually, based on Pancasila and the 1945 Constitution. Therefore, it is very interesting and important to further examine how the application of Article 81 point 66 of the Republic of Indonesia Law Number 6 of 2023 regarding the Stipulation of Government Regulation in Lieu of Law Number 2 of 2022 on Job Creation into Law against business actors who do not pay wages below the minimum wage provisions? And how is the application or implementation of criminal sanctions in Decision Number 109/Pid.Sus/2020/PN.Cbi related to employers who pay wages below the minimum wage provisions? To answer these issues, this legal research uses normative juridical research methods. This research uses the statutory approach, case approach, and conceptual approach. The type of data in this study is Secondary Data. The data collection technique used in this research is library research. Sources of Legal Materials include Primary Legal Materials, Secondary Legal Materials, and Tertiary Legal Materials. Data Analysis Techniques. Data analysis in this study is a qualitative analysis method. The results of the study found that the determination of the minimum wage is an important policy implemented by the government to protect workers from economic exploitation.

PELAKSANAAN PEMENUHAN PELAYANAN KESEHATAN BAGI NARAPIDANA DI LEMBAGA PEMASYARAKATAN NARKOTIKA (STUDI PADA LEMBAGA PEMASYARAKATAN NARKOTIKA KELAS IIA JAKARTA PERIODE 1 JANUARI 2023 S/D 31 DESEMBER 2023)

Firman Aditya Putra, Selamat Lumban Gaol — Tue, 04 Feb 2025 00:00:00 +0000

Fulfillment of health services for prisoners is very important in the treatment and rehabilitation of prisoners who are involved in narcotics abuse. The role of the Lapas Narkotika Kelas IIA Jakarta, especially in health services for convicts, therefore has a special responsibility to provide health services in addition to treatment for those who have been caught up in narcotics abuse. This research will discuss the Regulation of Health Services for Prisoners in Narcotics Prisons and Obstacles in Implementing Health Services for Prisoners in Lapas Narkotika Kelas IIA Jakarta for the Period 1 January to 31 December 2023. The legal research method used is a normative juridical legal research method supported by data empirical. Using a legal approach obtained from primary, secondary and tertiary legal material sources. Regulations on Health Services for Prisoners in Narcotics Prisons Article 28 H paragraph (1) of the 1945 Constitution of the Republic of Indonesia, then Regulations on the Right to Health Services in Article 62 of Law 39/1999, then Service Regulations also contained in Articles 30 to 32, 65 to 73, and 86 to 95 of Law 17/2023. Health Services and Regulations for Inmate Health Services in Narcotics Prisons are the same as in prisons in general, regulated in Article 9 letter (d) of Law 22/2022. Obstacles in the Implementation of Fulfillment of Health Services for Prisoners in Lapas Narkotika Kelas IIA Jakarta for the Period 1 January to 31 December 2023, namely the Number of Prison Inmates that exceed Capacity, Limited Health Personnel in Correctional Institutions, Lack of Facilities and Infrastructure, Awareness and Concern of Prisoners with Poor Health and Discrimination of Prisoners in Hospitals When Referrals are Made.

PERTANGGUNGJAWABAN PIDANA TERHADAP PELAKU PENYALAHGUNAAN NARKOTIKA (STUDI KASUS PUTUSAN NO 1793/PID.SUS/2020/PN.MKS)

Danang Pramono Aji, Niru Anita Sinaga — Tue, 04 Feb 2025 00:00:00 +0000

Drug abuse in Indonesia is very complex. The author distinguishes between abuse and distribution of narcotics as stated in Decision No. 1793/Pid.Sus/2020/PN.Mks. The formulation of the problem in this study is 1) how is the regulation of drug abuse in Indonesia and 2) how is the application of criminal law based on Decision No. 1793/Pid.Sus/2020/PN.Mks? The aim is to find out the regulation of drug abuse in Indonesia and the application of criminal law based on Decision No. 1793/Pid.Sus/2020/PN.Mks. Using a normative legal research method, this study analyzes written laws from library materials or secondary data. The results of the study show that the regulation of drug abuse in Indonesia includes various laws and regulations, namely Article 111 paragraph (1) in conjunction with Article 132 paragraph (1) of Law Number 35 of 2009 concerning Narcotics and Article 127 paragraph (1) letter a of Law Number 35 of 2009 concerning Narcotics. In addition, the 2023 Criminal Code, Article 622 paragraph (15) also explicitly regulates criminal liability for perpetrators of drug abuse. Therefore, the Article in Law Number 35 of 2009 concerning Narcotics is declared invalid. In Decision No. 1793/Pid.Sus/2020/PN.Mks with the defendant Cakra Wira Darma alias Cakra bin Sudirman sentenced by the judge to 11 (Eleven) Months in prison, and the defendant underwent treatment and/or care through medical rehabilitation for 4 (Four) Months at the BNN Baddoka Rehabilitation Center, Makassar City. The Panel of Judges also determined that the length of time the defendant underwent treatment and/or care through medical rehabilitation was calculated as the period of serving the sentence.

PELAKSANAAN PENINDAKAN GANGGUAN KEAMANAN DAN KETERTIBAN DI LAPAS PEREMPUAN KELAS IIA JAKARTA (PERIODE 1 JANUARI 2023 S/D 31 DESEMBER 2023)

Eka Sartika Wati, Subhan Zein Sgn — Tue, 04 Feb 2025 00:00:00 +0000

Action is an effort to stop, reduce and localize security disturbances. This action is important to maintain security and order in correctional institutions and to provide sanctions appropriate to the actions committed by prisoners. In this research, we will discuss the arrangements for taking action against disturbances in security and order in the Class IIA women's prison in Jakarta and the obstacles to implementing action against disturbances in security and order in the Class IIA women's prison in Jakarta (period 1 January 2023 to 31 December 2023). In this research, we will discuss the legal research method used is a normative juridical legal research method supported by empirical data. Using a statutory approach and a conceptual approach. obtained from primary, secondary and tertiary legal material sources. Arrangements for the security and order of convicts in women's correctional institutions based on Article 64 Paragraph (3) Letter b of the Correctional Law Number 22 of 2022 concerning Corrections and Enforcement Rules are also contained in Article 38 in the Regulation of the Minister of Law and Human Rights Human Republic of Indonesia Number 8 of 2024 concerning the Implementation of Security and Order in Correctional Work Units which replaces the Regulation of the Minister of Law and Human Rights Number 6 of 2013 concerning Rules for Correctional Institutions and State Detention Centers. Obstacles in implementing action against disturbances in security and order in the Jakarta Class IIA Women's Prison (Period 1 January 2023 to 31 December 2023) include excess inmate capacity, lack of facilities and infrastructure, shortage of officers, not yet optimal intelligence systems, and external interference.

PERTANGGUNGJAWABAN PIDANA BAGI PELAKU TINDAK PIDANA PENCURIAN DALAM KEADAAN MEMBERATKAN (ANALISIS PUTUSAN PENGADILAN NEGERI SUKADANA NOMOR: 36/Pid.B/2024/PN Sdn.)

Cendys Arya Dwi Bangga, Niru Anita Sinaga — Tue, 04 Feb 2025 00:00:00 +0000

Crime is a deviant act, which has a reprehensible nature, so that this act often causes social reactions in society, while human efforts to completely eradicate this crime are often carried out, but the results are more likely to fail, so other efforts that can be made are by means of suppress or reduce the rate of crime. Several acts or acts that violate the law and disturb the peace and harmony of living together, one of which is the crime of theft accompanied by violence, which we can see almost every day in electronic media and in the mass media. As happened in the city of Lampung, which is still within the territory of the Sukadana District Court, which has the authority to examine and adjudicate, someone has taken something, which wholly or partly belongs to another person, with the intention of possessing it unlawfully, which was done by two or more people in partnership., which to enter the place of committing a crime, or to get to the goods taken, is done by breaking, cutting, or climbing, or by using a fake key, a fake order, or fake official clothes. The formulation of the research problem is how is the crime of theft regulated in aggravating circumstances based on Indonesian criminal law? And what is the criminal responsibility for perpetrators of criminal acts of theft in aggravating circumstances in the Sukadana District Court decision number: 36/pid.b/2024/PN.Sdn.? The research method used in this research is normative juridical legal research. The approach method used in this research is the statutory approach. Apart from that, the author also uses the conceptual approach method and the case approach method. The research results show that the regulation of criminal acts of theft in aggravating circumstances according to criminal law in Indonesia has been regulated and the decision of the Panel of Judges at the Sukadana District Court Number 36/Pid.B/2024/PN Sdn is in accordance and does not conflict with applicable regulations.

PERAN PENYIDIK DALAM PENYIDIKAN TINDAK PIDANA PERDAGANGAN ORANG (STUDI KASUS DI WILAYAH HUKUM POLRES METRO JAKARTA BARAT PERIODE 1 JANUARI 2023 S/D 31 DESEMBER 2023)

Dimas Riza Rachman, Selamat Lumban Gaol — Tue, 04 Feb 2025 00:00:00 +0000

Investigating the crime of human trafficking is a series of actions carried out by investigators looking for and collecting evidence, with this evidence becoming clear about the crime that occurred. This was done to eradicate the crime of human trafficking. In this research, we will discuss the regulation of criminal acts of human trafficking based on national and international criminal law and obstacles for investigators in investigating criminal acts of human trafficking in the jurisdiction of the West Jakarta Metro Police for the period 1 January 2023 to 31 December 2023. The legal research method used is the normative juridical legal research supported by empirical data. Using a statutory approach and a conceptual approach. obtained from primary, secondary and tertiary legal material sources. Regulation of the Crime of Human Trafficking Based on the National Criminal Law currently in force is regulated in Law Number 21 of 2007 concerning the Eradication of Human Trafficking and Investigation of the Criminal Act of Human Trafficking Based on the Indonesian Criminal Law currently in force, regulated in the Republic of Indonesia State Police Regulation Number 6 of 2019 concerning Investigation of Criminal Acts and in the future it will be regulated in Article 455 of Law Number 1 of 2023 concerning the Criminal Code and Regulation of Criminal Acts of Human Trafficking based on International Law, namely the Palermo Protocol, the Convention on the Elimination of All Forms of Discrimination Against Women (Convention on the Elimination of Discrimination Against Women/CEDAW) and Forced Labor Convention Obstacles for Investigators in Investigating Crimes of Human Trafficking in the Legal Area of the West Jakarta Metro Police for the Period 1 January 2023 to 31 December 2023 include Victims Not Wanting to Report, Lack of Human resources for investigators, cooperation between institutions is less than optimal and cooperation between countries is lacking.

PERLINDUNGAN HUKUM PERDATA DALAM PENANGANAN PENEMBAKAN PESAWAT SIPIL: STUDI KASUS DAN IMPLIKASI HUKUM

Supri Abu, Sudarto, Selamat Lumban Gaol — Tue, 04 Feb 2025 00:00:00 +0000

This study aims to analyze civil legal protection in handling civil aircraft shootings and the settlement of civil legal disputes between the state, airlines, and victims, both based on international and national law. Civil aircraft shooting cases raise legal complexities that require effective protection for victims and fair dispute resolution. This study uses a normative juridical legal research method with a statute approach, conceptual approach, and case approach. The results of the study indicate that although there are international regulations such as the 1944 Chicago Convention and the 1999 Montreal Convention, as well as Law Number 1 of 2009 concerning Aviation in Indonesia, the implementation of legal protection still faces challenges, especially in the context of jurisdiction and political obstacles. Settlement of civil legal disputes in civil aircraft shooting cases can be done through international litigation, arbitration, mediation and settlement through insurance and compensation funds. This study recommends strengthening regulations, improving dispute resolution mechanisms, and increasing coordination between national and international laws to create better legal protection for victims.

PELAKSANAAN ELECTRONIC TRAFFIC LAW ENFORCEMENT (ETLE) PADA DITLANTAS POLDA METRO JAYA

Dicky Ferdyandaru Ardhya Pratama, Potler Gultom — Tue, 04 Feb 2025 00:00:00 +0000

An increase in the number of motorized vehicles which is directly proportional to the number of traffic violations is a common phenomenon. The Electronic Traffic Law Enforcement (ETLE) system is a modern initiative in handling traffic violation cases committed by the police. This system uses technology to detect, record and take action against traffic violations electronically. Electronic Traffic Law Enforcement (ETLE) is a traffic law enforcement system that uses CCTV camera technology to detect and record traffic violations automatically. ETLE (Electronic Traffic Law Enforcement) is a modern system that utilizes electronic technology to carry out traffic supervision and law enforcement. This research will discuss the Implementation of Electronic Traffic Law Enforcement (ETLE) at the Polda Metro Jaya Traffic Directorate and the Obstacles to the Implementation of Electronic Traffic Law Enforcement (ETLE) at the Metro Jaya Police Traffic Directorate. The legal research method used is a normative juridical legal research method supported by empirical data. Using a statutory approach and a conceptual approach. obtained from primary, secondary and tertiary legal material sources. Implementation of Electronic Traffic Law Enforcement (ETLE) at the Traffic Directorate of Polda Metro Jaya, namely Installation of CCTV Cameras, Data Integration, Confirmation Letters, Action against Violations and Payment of Fines. Obstacles in the Implementation of Electronic Traffic Law Enforcement (ETLE) at the Traffic Directorate of Polda Metro Jaya are Lack of Facilities and Infrastructure, Data Incompatibility, Lack of Socialization to the Community, Limited Personnel for Supervising Electronic Traffic Law Enforcement (ETLE) and Public Awareness in Low Traffic.

RELASI ANTARA MORALITAS DAN HUKUM: PERSPEKTIF FILSAFAT HUKUM KONTEMPORER

Oding Junaedi — Mon, 10 Feb 2025 00:00:00 +0000

The relationship between morality and law is a fundamental debate in legal philosophy that continues to develop today. This study aims to analyze the relationship between law and morality from the perspective of contemporary legal philosophy and explore the influence of morality in the formation, interpretation, and application of law in the modern legal system. The method used in this study is a qualitative approach with a literature study of various legal theories, including legal positivism, natural law theory, and critical thinking in legal philosophy. The results of the study show that although law and morality have different characteristics, the two cannot be completely separated. In contemporary legal philosophy, thoughts such as those put forward by Ronald Dworkin emphasize that law does not only consist of formal rules, but also contains moral principles that function in the process of interpreting law. In addition, morality plays a significant role in the formation of law, especially in regulations relating to human rights and social justice. In the application of law, morality is also an important consideration for law enforcement officers in the use of legal discretion to achieve substantive justice. The conclusion of this study emphasizes that law cannot stand autonomously without considering the moral values that develop in society. Therefore, a stronger integration of morality in the legislative process and law enforcement is needed to create a more just law. In addition, the development of interdisciplinary studies between law and morality is needed to enrich the understanding of the role of morality in the modern legal system.

AKIBAT HUKUM BAGI PELAKU PENYEBARAN INFORMASI PALSU (HOAX) BERDASARKAN UU ITE

Dedi Prasetyo Wibowo, Sudarto — Tue, 04 Feb 2025 00:00:00 +0000

This research examines the legal consequences for perpetrators of spreading false information (hoaxes) based on the Electronic Information and Transactions Law (ITE Law) in Indonesia. The phenomenon of spreading hoaxes has become a serious problem in the digital era, causing unrest and potential conflict in society. The ITE Law is the main instrument in the government's efforts to deal with hoax cases in the digital realm. This study analyses the provisions of the ITE Law that regulate the dissemination of false information, particularly Article 28 paragraphs (1) and (2) and Article 45A. The results show that perpetrators of spreading hoaxes can be subject to criminal sanctions in the form of imprisonment for a maximum of 6 years and/or a fine of up to 1 billion rupiah. However, the application of this law still faces challenges, including a vague definition of hoax, difficulty in proving the element of intent, and concerns over restrictions on freedom of expression. The study also identifies inconsistencies in court decisions related to hoax cases, leading to a debate on the balance between combating hoaxes and protecting fundamental rights. The study concludes that while the ITE Law provides a strong legal basis for cracking down on perpetrators of hoaxes, regulatory improvements and a more comprehensive approach are needed to address the complexity of this issue in the digital age.

MEKANISME UPAYA HUKUM VERZET TERHADAP PUTUSAN VERSTEK DALAM HUKUM ACARA PERDATA

Ferdiansyah Nugroho, Niru Anita Sinaga — Tue, 04 Feb 2025 00:00:00 +0000

This research discusses the mechanism of verzet legal action against verstek decisions in civil procedural law in Indonesia. Indonesia as a country of law ensures that every judicial decision provides justice and truth, and protects individual rights through the applicable legal system. One important aspect of civil procedural law is the existence of legal efforts that can be taken to correct decisions that are considered unfair. A verstek decision is a decision handed down without the defendant being present at the trial, even though he has been properly summoned. The defendant's absence without a valid reason provides a basis for the judge to hand down a verstek decision. However, for the sake of the principles of justice and a thorough examination of all parties, civil procedural law gives the defendant the right to file a verzet or opposition to the decision. This research aims to determine the purpose of implementing verzet legal remedies against verstek decisions in civil procedural law and to find out and analyze the mechanism for implementing verzet legal remedies against verstek decisions in civil procedural law. The research method used is normative juridical research with a statutory approach and case studies. This research analyzes the applicable legal provisions and related cases that have occurred in court. The research results show that verzet legal remedies are an important mechanism to ensure that each litigant gets a fair opportunity to defend themselves and present their arguments in court.

PENANGGULANGAN KEKERASAN YANG DILAKUKAN OLEH NARAPIDANA DI LEMBAGA PEMASYARAKATAN PEREMPUAN KELAS IIA JAKARTA

Cristoper, Subhan Zein Sgn — Tue, 04 Feb 2025 00:00:00 +0000

One of the cases of violence that occurs among prisoners is a problem that has not been resolved until now. The problems include the legal regulations regarding violence committed by female prisoners in the Class IIA Jakarta Penitentiary and the procedures for dealing with violence between female prisoners in the Class IIA Jakarta Penitentiary? The purpose of this study was to determine the handling of violence between female prisoners in the Class IIA Jakarta Penitentiary. This research method uses normative research, namely research conducted by analyzing written laws from library materials or secondary data. The results of this study concluded that the legal regulations regarding violence committed by female prisoners in the Class IIA Jakarta Penitentiary are regulated in Law Number 22 of 2022 concerning Corrections, Government Regulation Number 99 of 2012 concerning Amendments to Government Regulation No. 32 of 1999 concerning Requirements and Procedures for the Implementation of the Rights of Correctional Residents, Regulation of the Minister of Law and Human Rights of the Republic of Indonesia No. 33 of 2015 concerning Security in Prisons and Detention Centers, namely Security and Order Disturbances and SOP for Class II A Jakarta Prisons No. W.10.PAS.PAS.4-OT.02.02-2024 which contains the imposition of Disciplinary Punishments on Inmates. Handling violence between female prisoners in Class IIA Jakarta Women's Penitentiary Organizing educational programs that focus on awareness of violence, installing surveillance cameras in strategic areas and conducting routine patrols. The suggestion of this research is that the Government through regulations in the form of Government Regulations or Ministerial Regulations regulate strict sanctions for prisoners who violate or still commit acts of violence in prisons.

PERLINDUNGAN HUKUM TERHADAP PENGGUNA SOSIAL MEDIA TERKAIT CYBER CRIME PHISING BERDASARKAN UNDANG-UNDANG REPUBLIK INDONESIA NOMOR 19 TAHUN 2016 TENTANG PERUBAHAN ATAS UNDANG-UNDANG NOMOR 11 TAHUN 2008 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK

Edlin Reyhan, Potler Gultom — Tue, 04 Feb 2025 00:00:00 +0000

Crime phishing is a crime Cyber Crime what happens in the digital world. Protection of social media users against phishing crimes is regulated in the ITE Law and the personal data protection law. Therefore, the aim of this research is to find forms of accountability for phishing crimes and legal protection for phishing crimes. This research uses a normative juridical approach. The author conducted research using secondary data literature studies in the form of primary, secondary and tertiary legal materials, and field studies that correlate with the object of this research. This research concludes that protection against phishing crimes is contained in Article 4, Article 15 paragraph (1), and Article 66 and Article 67 of the Personal Data Protection Law, while responsibility for phishing crimes is contained in Article 35 of the ITE Law in conjunction with Article 51.