DiH: Jurnal Ilmu Hukum

A Law Enforcement Of Motor Vehicle Theft In The Jurisdiction Of Papua POLDA

Alfriyadi Lande — 2024-02-26

Motor vehicle theft crimes in Papua will increase in 2021 and 2022, although in 2023 there will be a decline, these figures each show high numbers, this also contributes to the high number of crime cases in Papua and makes Papua the number one crime-prone country in Indonesia. This research focuses on iden-tifying law enforcement efforts in terms of Article 362 KUHP and identifying the factors that cause these crimes, analyzed from three criminal theories as well as Neo Classical criminal theory, environmental crime theory and sub-structural delinquency theory. Researchers used Normative Juridical research methods which were carried out by analyzing Article 362 KUHP regarding acts of theft. Meanwhile, the empirical approach was carried out by inter-viewing sources. As a result, action against criminals through the provisions of Article 362 KUHP has not been optimal because this criminal act of theft is generally recidivist and knows other perpetrators, so Article 362 KUHP does not provide a deterrent effect. Therefore, referring to article 5 of Law No.1/1946 concerning the KUHP, the punishment in article 362 KUHP can be replaced with the provisions of Article 477 paragraph (1) and paragraph (2) of Law No.1/2023 that the perpetrator of theft is threatened with a maximum prison sentence of 7 years, which if committed using a fake key as in article letter (f) and in groups as in letter (g) can be subject to a penalty of 9 years in prison. The factors causing the crime of motor vehicle theft are in accordance with neo-classical theory, environmental theory and substructural delinquency theory, where the factors causing the crime are weak law enforcement, techno-logical developments such as cellphones, family and social environmental factors and the geographical conditions of the perpetrator.

Risk-Based Licensing Arrangements: Between Convenience and Legal Certainty

Erly Aristo — 2024-02-26

Government through Law No.6/2023 has changed the licensing system which originally used the concept of licensing (license-based) to became risk based (risk based approach). The change in approach was carried out by the government in an effort to simplify licensing considering that the concept of licensing in practice tends to be complicated and hampers the business sector. In setting up a risk-based licensing system, the use of license is only required for businesses with certain risk standards. The change in approach to the licensing system brings convenience, but with the application of uncertain risk standards it will injure legal certainty in society. Therefore, this study will raise issues related to legal certainty in the regulation of risk-based licensing systems. This research was conducted using a normative juridical method using a statute approach and conceptual approach. The result of this study will show that there are problems in legal certainty in risk-based licensing arrangements, so the government could be more careful in implementing the risk-based licensing system

The Legal Analysis Of The Nomination Of Former Convicts Corruptions In Convinient Elections In 2020

Wawan Kurniawan — 2024-02-26

This research departs from the 2020 Boven Digoel Regional Head Election, where the regional head had committed criminal acts of corruption while serving as regional head for two periods, namely 2005-2010 and 2010-2013. Furthermore, when he was running again as regional head in 2020, he was a former convict. This corruption was disqualified by the constitutional court after he was re-elected as regional head because he did not meet the requirements of Per.PKPU No.1/2020. This research focuses on Per.PKPU No.1/2020. The type of research carried out by researchers uses normative legal research with conceptual, case and statutory approaches. The results of the research confirm that based on Per.PKPU No.1/2020 there is an exception which means that former corruption convicts can run for office after a five year gap period after being released from serving a criminal period in prison and former corruption convicts in Boven Digoel have fulfilled this exception. Based on the principles of popular sovereignty and democracy as regulated in Article 28C (2) UUD NRI 1945, the second amendment, former corruption convicts can participate in the state by nominating themselves as regional heads. This is reaffirmed in Article 1 (2) UUD NRI 1945. Based on Article 43 Law No.39/1999, former corruption convicts have the right to become regional leaders by nominating themselves as regional heads. Based on Article 28 (2) UUD NRI 1945, to fulfill justice, former corruption convicts are given the opportunity to become regional heads by fulfilling their human rights, such as the right to nominate themselves after a five-year hiatus from being a corruption convict.

Characteristics of Illicit Enrichment as a Corruption Crime

Cholifatul Islamiah — 2024-02-26

The practice of corruption in Indonesia has occurred systematically and widely in the life of society so that corruption can be called an extraordinary crime. In addition, the absence of illicit enrichment as a criminal offense in the corruption eradication law is a serious matter. Considering that Indonesia has ratified the UNCAC, which shows that Indonesia agrees to the provisions contained therein, including illicit enrichment. The purpose of this study is to identify and elucidate the traits that distinguish the crime of illicit enrichment from other forms of corruption. This study uses conceptual, comparative, and legislative methods to examine normative legal issues. The study's findings indicate that there are traits comprising multiple components that identify this illegitimate enrichment as a corrupt act. The court also determines the suspect's assets or money concerning the illicit enrichment crime. The court will evaluate the information submitted and decide if the targeted individual has unlawfully or illegally enriched themselves to establish whether the elements of inappropriate wealth and income have been proven and illicit enrichment has happened. The notable increase in wealth among public officials raises questions about whether they are the owners of assets obtained illegally. In light of this, controlling illicit enrichment is essential to the battle against corruption.

Lex AI: Solution for Governance of Artificial Intelligence in Indonesia

Ferdinand Lisaldy — 2024-02-26

In the third decade of our century, AI is gradually becoming a part of daily life for people. The development of AI-based innovations in different fields such as navigation assistance software, image processing, and chatbots; and AI-based gear that helps paralyzed individuals regain their ability to walk, are convincing examples of how AI is being utilized more and more in daily life. As it develops, legal issues related to the use of AI may also arise, such as ethical issues, legal justice, due process of law, intellectual property, or personal data security. To mitigate legal problems, developing governance over AI is therefore necessary. This research is normative juridical research using statute and conceptual approaches. The legal analysis technique used is the argumentative analysis technique. The study findings indicate that since AI fundamentally differs from coding programs in that it is a dynamic system consisting of a network of algorithms that mimic biological neural networks, a different approach and governance system are required. This can be referred to as Lex Artificial Intelligence, or simply lex AI. Because of its uniqueness, AI governance cannot exclusively use the standard public or private ordering framework. It is then necessary to present lex AI as the sui generis governance with unique regulatory properties that can be paralleled with other laws as a law that complements those other laws.

Legal Regulations for Fair National Salt Pricing Policy in Indonesia

Dewi Titin Lestari — 2024-03-01

So far, the problem has been the distribution of the salt harvest, which does not have a fixed price each harvest period. This is because there is no policy that specifically regulates the selling prices of salt farmers and entrepreneurs. Meanwhile, during the harvest period, farmers determine selling prices usually based on the weather and the success of the harvest, while entrepreneurs determine prices by looking at the market. In this case, there will be an imbalance and a point of instability in the salt distribution mechanism. The current salt pricing system is based on unstructured market practices and a lack of regulations that strictly regulate the pricing process. Salt farmers are often forced to rely on middlemen or large entrepreneurs who monopolize access to the salt market. The aim of this research is to provide a comprehensive analysis of the importance of regulations related to setting a fair national salt price for salt farmers. This research uses normative legal research methods with a statutory and conceptual approach. The results of this research are so that salt farmers can easily and easily find out the quality of the salt they produce, the government makes policies related to national salt prices which can improve the quality of human resources and formulate regulations. which will determine salt quality criteria openly and the problems of legal regulation of salt prices in Indonesia, including limited access to capital for banks and financial institutions, effectiveness problems, unclear legal politics, and difficulties in coordinating with other laws and regulations, can be overcome. By revising Law No.7/2016. The conclusion of this research is that formulating policies related to salt production and pricing requires an integrated and comprehensive approach.

Implementation of Minister of Home Affairs Regulation Number 111 of 2014 concerning Technical Guidelines for Village Regulations (Study in Bedahlawak Village, Jombang Regency)

Syofyan Hadi — 2024-03-07

Villages have the authority to manage and regulate their own government affairs as recognized by Article 18B paragraph (2) of UUD NRI 1945. As governments that have their own autonomy, villages have the authority to form regulations at the village level. The formation of regulations in villages must be in accordance with Permendagri No.111/2014. However, many village regulation makers still don`t know the guidelines for forming regulations regulated in Permendagri No.111/2014, while village regulations that are not guided by Permendagri No.111/2014 don`t have formal legal force. The aim of this research is to find out the extent of the implementation of Permendagri No.111/2014 in Bedahlawak Village, and the factors that cause Permendagri No.111/2014 not to be implemented in Bedahlawak Village. This research uses empirical research methods with a collaborative research approach. The results of this research are that Permendagri No.111/2014 has not been implemented well in Bedahlawak Village, Jombang Regency. The factors inhibiting the implementation of Permendagri No.111/2014 in Bedahlawak Village, Jombang Regency are the lack of community participation in the process of drafting village regulations, the ignorance of the Village Government and the Village Consultative Body regarding the guidelines for forming regulations regulated in Permendagri No.111/2014, and the lack of training and assistance from the Jombang Regency Government for the Bedahlawak Village Government regarding the formation of regulations at the village level.