Maximum Imprisonment Research Articles

Tinjauan Kriminologi terhadap Korban Tindak Pidana Anak Disabilitas

This study aims to determine the factors that cause criminal acts against children with disabilities, to determine the implementation of legal protection for children with disabilities. This type of research method is normative legal research or commonly called normative juridical research. Techniques Data collection is carried out in several stages, such as literature study assistance. The literature study was carried out in compiling the background of the problem, literature review, framework of thought by collecting initial data and information from books that discussed the Criminology Review of Victims of Criminal Acts of Children with Disabilities. Law Number 8 of 2016 Article 76e concerning Persons with Disabilities explains that every person is prohibited from committing violence or threats of violence, coercing, deceiving, committing a series of lies, or persuading a child to commit or allow obscene acts to be carried out, if these acts are committed, then in accordance with Article 82 paragraph (1) will be threatened with a maximum imprisonment of 5 (five) years in prison and a fine of 5 million.

Tinjauan Yuridis Pertanggungjawaban Pidana terhadap Ujaran Kebencian (Hate Speech) di Media Sosial

Unlimited freedom of expression causes hate speech crimes to occur more and more in society, especially on social media, especially related to this crime, there is still no special regulation as a regulation in minimizing cases like this. The purposes of this study are to examine the legal regulation of hate speech crimes through social media and criminal liability for hate speech through social media. This study uses normative law through a statutory and conceptual approach based on primary and secondary legal materials with document studies, then the results are presented in a descriptive analysis. The results of the study show that the basis for violating the law for those who make hate speech on social media is based on Law No. 11 of 2008 concerning ITE and Law No. 19 of 2016 on amendments to Law No. 11 of 2008. In accordance with legal regulations Therefore, the responsibility for hate speech crimes on social media is regulated in Article 45A paragraph (2) of Law Number 19 of 2016 which will be given a maximum imprisonment of 6 years and/or a maximum fine of 1,000,000,000.00 (One Billion Rupiah).

IMPLEMENTATION OF CRIMINAL SANCTIONS OF NARCOTICS ABUSE AGAINST TNI OFFICERS (Military Court Decision on Case Registration Number: 49-K/PM.I-01/AD/IV/2019)

Narcotics abuse is a crime that violates the rule of law, which can threaten the safety of both the physical and the soul of the user. As we know, narcotics abuse is not only for civilians, but in reality, TNI personnel are also involved in narcotics abuse. The TNI is a state apparatus whose duty is to guard, protect, maintain security and safeguard the sovereignty of the State. The imposition of basic criminal sanctions for TNI personnel for narcotics abuse refers to Law Number 35 of 2009 Article 127 paragraph 1 which states that people who abuse narcotics class I for themselves are sentenced to a maximum imprisonment of 4 years. However, Article 6 of the Military Criminal Law (KUHPM) provides additional types of punishment, namely dismissal from military service, demotion and revocation of certain rights. In this thesis, the formulation of the problem is how the judge's consideration in imposing a relatively light sentence for narcotics abuse on TNI personnel (Military Court Decision Case Number 49-K/PM.I-01/AD/IV/2019) and how the author's analysis is based on ( Military Court Decision Case Number 49-K/PM.I-01/AD/IV/2019). The research method used in this thesis is normative sourced from legislation. Based on the decision of the Military Court Judge I-01 Banda Aceh that narcotics abuse against TNI personnel is punishable by 2 years in prison. In addition, additional criminal sanctions were imposed, namely dismissal from the Military Service. The basis of the judge's consideration in reducing the defendant's sanctions on the basis of the defendant's level of guilt, the defendant admits his actions openly, the defendant is the breadwinner of the family, has never been sentenced or is a recidivist, is polite in front of the trial, has regrets and promises not to repeat it. For law enforcers, especially military judges, in imposing imprisonment sanctions, they must be in accordance with the law.

Criminal Liability for Large-scale Social Distancing Violations

The legal politics of establishing large-scale social restriction regulations in the context of accelerating the handling of the Corona Virus Disease 2019 (COVID-19) which was formed in 2020. In this case, the legal politics has the flavor of punishment, which is reflected in the arrangement of criminal sanctions. In its determination, referring to the error is included in the qualification of an action that can be subject to criminal sanctions or not. The purpose of this paper is to describe the regulation of criminal sanctions in large-scale social restrictions regulationsn in order to accerlerate the handling of the Covid-19 virus. The type of research used is normative research with a statutory approach, case approach, and conceptual approach. The result found that there are large-scale social restriction regulations that refer to unlawful acts which in imposing sanctions are regulated in Article 93 of Law Number 6 of 2018 concering Health Quarantine with a maximum imprisonment of 1 (one) year and a fine of Rp.100.000.000.0,- (one hundred million rupiah).

Eksploitasi Anak Sebagai Pedagang Asongan ditinjau dari UU Perlindungan Anak pada Masa Pandemi Covid-19

Legal arrangements for child exploitation during the Covid-19 pandemic have not yet been included in the Criminal Code (KUHP). So that parents who employ their children as hawkers are still free from legal snares and can easily justify economically. This study aims to examine the legal arrangements for perpetrators of criminal acts of child exploitation as hawkers and reveal criminal sanctions for perpetrators of acts of exploitation of children as hawkers during the Covid-19 pandemic. This research method uses normative legal research by applying a conceptual approach and legislation. The data used are primary, secondary and tertiary legal data obtained by the recording method. After the data has been collected, the next step is to process and analyze it in a systematic way with legal intervention. The results of the study show that legal arrangements for perpetrators of criminal acts of exploitation of children during the Covid-19 pandemic, one of which is child exploitation, are not specifically regulated in Article 13 of Law no. 35 of 2014 amendments to Law no. 23 of 2002 concerning Child Protection. Therefore, in this case there is a void of norms, but the crime of child exploitation based on the provisions of Article 103 of the Criminal Code states that crimes against children are a special crime. Related to criminal sanctions, they are sentenced to a maximum imprisonment of ten years or a maximum fine of Rp. 200,000,000.00 (two hundred million rupiah

Tinjauan Yuridis Pertanggungjawaban Pidana Terhadap Ujaran Kebencian (Hate Speech) di Media Sosial

Unlimited freedom of expression causes hate speech crimes to occur more and more in society, especially on social media, especially related to this crime, there is still no special regulation as a regulation in minimizing cases like this. The purposes of this study are to examine the legal regulation of hate speech crimes through social media and criminal liability for hate speech through social media. This study uses normative law through a statutory and conceptual approach based on primary and secondary legal materials with document studies, then the results are presented in a descriptive analysis. The results of the study show that the basis for violating the law for those who make hate speech on social media is based on Law No. 11 of 2008 concerning ITE and Law No. 19 of 2016 on amendments to Law No. 11 of 2008. In accordance with legal regulations Therefore, the responsibility for hate speech crimes on social media is regulated in Article 45A paragraph (2) of Law Number 19 of 2016 which will be given a maximum imprisonment of 6 years and/or a maximum fine of 1,000,000,000.00 (One Billion Rupiah).

Politik Hukum Tindak Pidana Perzinahan Dalam Kitab Undang-Undang Hukum Pidana Dan Dalam Rancangan Kitab Undang-Undang Hukum Pidana

Social, cultural, and religious values view that adultery in all its forms, whether committed by people who are married or who are not married, is a very disgraceful act, Political developments adultery criminal laws in the Book of the Criminal Justice Act and the Draft Code of Criminal Law, a. According RKUHP term used to refer to the term fornication is permukahan, b. Based on Article 483 paragraph (1) the concept of KUHP perpetrators of permukahan crimes are threatened with a maximum imprisonment of five years, c. the concept of KUHP is that the concept does not distinguish between married and unmarried perpetrators. d. RKUHP does not require any more for man’s subject to Article 27 BW (Civil Code).

Sanksi Pidana Terhadap Pembuat Stiker Prnografi di Media Komunikasi Whatshap

The spread of pornographic content is not only spread through access to pages on the internet website but is spread through various platforms, one of which is communication media. Currently, the majority of people from various age groups and economies are very familiar with online communication media. This study aimed to examine the legal arrangements against pornographic sticker makers in WhatsApp communication media and examine criminal sanctions against pornographic sticker makers in WhatsApp communication media. This type of research used normative law with a Legislative and Conceptual approach. Sources of legal materials consisted of primary, secondary, and tertiary sources of legal materials. It could be obtained through an inventory or tracing technique of relevant legal materials and then classified or grouped and documented, recorded, quoted, summarized. The results of the study showed that the legal arrangements for making pornographic stickers on WhatsApp communication media are regulated in the ITE Law (Electronic Information and Transactions) Law No. 11 of 2008, the Criminal Code (KUHP), and the Pornography Law - Law No. 44 of 2008 which can ensnare the perpetrators of pornographic sticker makers on WhatsApp communication media. Criminal sanctions against pornographic sticker makers on WhatsApp communication media, any person who intentionally and without rights spreads information that aims to cause hatred or hostility to certain individuals and/or community groups based on ethnicity, religion, race, and intergroup (SARA), will be subject to criminal sanctions with a maximum imprisonment of six years or a maximum fine of Rp. 1 Billion.

Sanksi Pidana Bagi Pelaku Penimbun Masker Selama Masa Pandemi Covid-19

Hoarding is an activity of collecting goods so that they become scarce in the market and are sold at high prices. During the COVID-19 pandemic, people really need masks, but people who don't have empathy for their fellow citizens hoard masks so that they become scarce and the price becomes expensive. The purpose of this study is to reveal the legal arrangements against the perpetrators of hoarding masks during the COVID-19 pandemic and criminal sanctions against those who hoard masks during the COVID-19 pandemic. In this study using a statutory approach and a conceptual approach. Sources of legal materials applied are primary legal materials and secondary legal materials. the technique in collecting legal materials used is a literature study technique which is then analyzed systematically. The results of the study indicate that criminal sanctions against perpetrators of hoarding masks are based on Article 107 of Law Number 7 of 2014 with a maximum imprisonment of 5 years or a maximum fine of Rp. 50,000,000,000.00. In Law Number 5 of 1999 sanctions can also be imposed, in the form of administrative sanctions, basic criminal sanctions, additional criminal sanctions. The government must be able to provide appropriate sanctions for the perpetrators of hoarding masks because they have violated and threatened the interests of the community.

Sanksi Pidana Terhadap Pelaku Tindak Pidana Santet

The philosophical background of witchcraft can be classified as a criminal act because witchcraft is recognized and believed to exist in the community, and causes unrest, but cannot be prevented and eradicated through law because of difficulties in proving it. So in this case, criminal sanctions are needed for the perpetrators of witchcraft. The purpose of this study is to analyze the criminal sanctions against the perpetrators of the crime of witchcraft. The method used in this research is normative with a statutory approach. The data sources used are primary, secondary, tertiary data sources obtained from recording and quoting relevant legal materials. The results of the study reveal that accountability for perpetrators of witchcraft is not written or listed in the current Criminal Code (KUHP). But it is different in the Draft Criminal Code (RKUHP), perpetrators of witchcraft can now be made a criminal act even though it does not specifically include the word witchcraft in the RKUHP. The formulation of the crime in Article 293 of the RKUHP is increasingly clear that perpetrators of witchcraft possessing the elements referred to may be subject to a maximum imprisonment of 5 years and a category IV fine.

CRIMINAL ACTIONS PERFORMED BY NOTARY STAFF THAT OPEN CONFIDENTIALITY OF NOTARY POSITION

The role of the notary office administrative staff in maintaining the confidentiality of the deed according to the code of ethics and the oath of office of a notary. The role of the notary office administrative staff is part of the notary office organ that has a causal legal relationship that should act as a notary's obligation to maintain and keep the deed secret. Legal consequences The administrative staff of a notary office who does not maintain the confidentiality of the deed can be charged with the provisions of Article 322 paragraph (1) of the Criminal Code, whoever deliberately discloses a secret that must be kept because of his position or disbursement, both now and in the past, is threatened with a maximum imprisonment of nine months or a maximum fine of nine thousand rupiahs.

PENIPUAN PENGGUNAAN ALAT ANTIGEN BEKAS (Studi Kasus Bandara Kualanamu, Medan-Sumut)

One form of structured consumer fraud during the COVID-19 pandemic is the crime of using used antigen devices which has an impact on Article 196 of Law Number 36 of 2009 concerning Health in conjunction with Article 55 of the Criminal Code, where anyone who intentionally produces pharmaceutical preparations does not meet the standards. and quality shall be sentenced to a maximum imprisonment of 10 years and a maximum fine of Rp. 1.000.000.0000,-. This research uses normative juridical research, namely examining the laws and regulations, namely Law Number 36 Year 2009 concerning Health and the Criminal Code. The formulation of the problem is that the police are asked to thoroughly investigate the fraudulent use of this used antigen device and not stop at the perpetrators in the field. In addition to the health sector, the purpose of protection against the threat of Covid-19 is where the government saves health and social security by issuing a circular letter from the task force for handling coronavirus disease number 7 of 2021 concerning the extension of travel provisions for domestic people during the coronavirus disease pandemic which determines that everyone If you want to travel by airplane, you must show a certificate of negative rapid test result-Polymerase Chain Reaction, hereinafter referred to as RT-PCR or negative result of rapid antigen test. Due to these conditions, medical officers and the government must provide health facilities and the need for RT PCR or rapid antigen tests is a business opportunity in the health sector, especially the price is quite expensive so that this condition is carried out by Kimia Farma medical officers who intentionally recycle the antigen rapid test kit. The former occurred at Kualanamu Airport, Medan City, North Sumatra.

ANALISIS METODE KRITIK HADITS DAN PANDANGAN HUKUM INDONESIA TERHADAP BERITA HOAX

Internet users in Indonesia have reached 196.7 million users. This industrial era 4.0 allows users to access, obtain and disseminate news and information more easily at any time, but this also makes it easier to spread hoax news. This research is a qualitative research with comparative-juridical analysis. The data obtained in the form of secondary data, obtained through a literature review. The analysis is based on liturgical analysis from various data sources that are considered valid, based on the conditions experienced by society today. The research methodology consists of a descriptive approach and a library approach. From the results of this study, it can be seen that the Hadith criticism method can be a reference for the community to verify whether the news received is whether there are additions (ziyādah), insertions (idrāj), reversals (iqlāb), or subtractions (nuqshān), and whether the substance is appropriate with reality or not. Meanwhile, according to Indonesian law, there is Article 45a which regulates threats to spreaders of fake news and a maximum imprisonment of six years, with a maximum fine of Rp. 1,000,000,000,- (One Billion Rupiah) and those who spread fake news are confirmed to have violated Article 28 (1) of Law Number 11 of 2008 which regulates Information and Electronic Transactions.

Pengaturan Tindak Pidana Pemerkosaan terhadap Sesama Jenis Kelamin Ditinjau dari Pasal 292 Kitab Undang-undang Hukum Pidana

It can be said that the conviction of perpetrators of same-sex rape can be said to still contain obscure normsand that the Law of the Republic of Indonesia number 1 of 1946 concerning Criminal Law Regulations or the KUHP does not contain specific provisions that clearly regulate it. Article 292 of the Criminal Code is the only article of the Criminal Code that provides regulations regarding the crime of same sex rape. However, Article 292 of the Criminal Code only regulates the criminal act of same sex rape against minors as it can be categorized as an element of the crime of rape as stipulated in Article 285 of the Criminal Code, a criminal act of rape must be committed by men against women. The purpose of this study was to determine the criminal act of same sex rape according to Article 292 of the Criminal Code and to determine the legal sanctions against the perpetrator of the crime of same sex rape in Indonesia. The research method used is normative research, this type of normative research focuses on the collection and in-depth analysis of legal materials and also searches for their meaning in order to find solutions to the problem. Legal sanctions for perpetrators of the crime of rape of the same sex in Indonesia refer to the provisions of Article 292 of the Criminal Code, which is punishable by a maximum imprisonment of five years, as with the weight of the crime of a criminal act of rape whether committed against the opposite sex or of the same sex, punishment a maximum sentence of 5 (five) years is deemed not to contain a sense of justice, the formulation of criminal sanctions for rape in Articles 285 and 292 of the Criminal Code can be considered to be out of date or outdated.

Sanksi Pidana Terhadap Pelaku Penjambretan Mengakibatkan Matinya Korban

Increasing crime mugging, crime that commits crime by confiscating valuables. Based on this research, the writer raises the formulation the problem: 1. How regulation mugging criminal sanctions, 2. How imposition criminal sanctions for the perpetrator that results as result mugging. This type research uses the normative method, with an invited-invited, conceptual, case approach. regulation mugging criminal is articles 362-367 of Criminal Code concerning robbery, where mugging regulated in Criminal Code, so crime mugging refers to article 365 paragraph (3) criminal act robbery with violence. Perpetrators mugging which result in death may be subject to Article 365 paragraph (3) with a maximum penalty 15 years in prison. regulation mugging crime based on Articles 362-367 Criminal Code because mugging included in category violent crime which deals with the elements article 365 paragraph (3) robbery with violence. Mugging subject to imprisonment and imprisonment for the mugging subject to a maximum imprisonment of 15 years. Mugging is regulated in article 362 if not with violence and 365 paragraph (3) if it is done with violence. For law enforcers, it is better if law enforcers use the Man In The Street model in providing protection to the community.

Pertanggungjawaban Pidana terhadap Pelaku Penjualan Daging Anjing Ditinjau dari Undang-Undang Nomor 8 Tahun 1999

Dogs are one of the favorite and much-loved pets, but this does not prevent the illegal sale of dog meat as a food ingredient. Considering that there is no clear criminal sanction from the illegal sale of dog meat from the government, the research aims to examine the accountability of the perpetrators of selling dog meat from a consumer protection perspective and the criminal sanction for the perpetrator based on law. This research was conducted with a normative method with conceptual approach and statutory approach. From the result the researcher found that the perpetrator must be responsible to consumers based on the Consumer Protection Law Article 4 letter a, which guarantees the safety, comfort and security of consumption of goods and / or services, and the perpetrator may be subject to a maximum fine of 2 billion rupiah or a maximum imprisonment of 5 years for violating the provisions in Article 8 based on the consumer protection law article 62 paragraph 1.

PANDANGAN HUKUM PIDANA ISLAM DALAM PEMBERITAAN HOAX

The spread of hoax news is an act of violating the law of article 28 paragraph 1 of Law Number 11 of 2008 concerning ITE, and criminal sanctions for hoax news spreaders are contained in article 45 paragraph 1, namely the maximum imprisonment is six years and / or a maximum fine of one billion rupiah. In Islam, telling lies, lying, prejudice or slandering is not justified. Islam encourages its followers to always speak honestly, objectively and speak the truth. In Islamic criminal law, someone who has spread fake news (hoax) will get ta'zir punishment in the form of an unlimited prison sentence. Sentenced to confinement until he repents and either personally or until he dies.

Sanksi Pidana oleh Tindak Pidana Mengedarkan Simpanan Farmasi Kosmetika Tanpa Izin Edar (Studi Kasus Putusan Pengadilan Negeri Denpasar No. Perkara 491/Pid.Sus/2018/PN DPS)

This study aims to identify and explain criminal sanctions for cosmetic producers or sellers who do not have this distribution license. The type of research used is normative legal research by analysing cases using the Denpasar District Court Decision Case Number 491/Pid.Sus /2018/ PN DPS. This study uses a statutory approach by examining all laws related to this case, conceptually by combining the opinions of experts so that it becomes the author's legal argument, and the case approach is by using a court decision. The results of the study show that there must be elements that indicate that a person has committed a criminal act, and in this writing there are 3 (three) elements that explain that the defendant committed a criminal act. Imposition by the criminal sanction of distributing cosmetic pharmaceutical deposits that do not obtain a distribution permit as regulated in Law Number 36 of 2009 concerning health is regulated in articles 197-201. In this case, the Panel of Judges considered Article 197, namely a maximum imprisonment of 10 (ten) years and a maximum fine of 1,000,000,000 (one billion rupiah). However, the defendant here does not need to undergo the sentence unless later there is another order from the Judge's decision that he has been guilty of committing a criminal act during the probation period has not ended.

Criminal Responsibility towards Criminals of Abortion in Indonesia

This study aims to determine and describe the criminal liability of perpetrators of abortion in Indonesia. This research is a doctrinal legal research, which is descriptive analysis. The data used is secondary data obtained through library research, which is then analyzed qualitatively. The results of this research show that criminal liability for perpetrators of abortion in Indonesia based on the Criminal Code is regulated in Book Two of Chapter XIV on Crimes of Decency, especially Article 299, and Chapter XIX Articles 346-Articles 349 which are classified as crimes against life. The prohibition on abortion in the Criminal Code is contained in Article 299, Article 346, Article 347, Article 348, and Article 349, which clearly regulates the prohibition of having an abortion for any reason, including abortion for emergency reasons (forced). The provisions for regulating abortion in Act No 36 of 2009 are set forth in Article 75, Article 76, Article 77, and Article 194. Even though, the law prohibits the practice of abortion, in certain circumstances there is a possibility. Abortion practices that are contrary to statutory regulations are regulated in Article 194 of Act No 36 Of 2009, with a maximum imprisonment of 10 years and a maximum fine of IDR 1,000,000,000.00 (one billion rupiah).­

JURIDICAL REVIEW MOTOR VEHICLE NOISE THRINGS IN INDONESIA'S POSITIVE LAW

As referred to in Article 106 paragraph (3) in conjunction with Article 48 paragraph (2) and paragraph (3) shall be sentenced to a maximum imprisonment of 1 (one) month or a maximum fine of Rp. 250,000.00 (two hundred and fifty thousand rupiah). As for the formulation of the problem in this study is HowMean Motor Vehicle Noise Threshold, HowJuridical Overview Motor Vehicle Noise Threshold, and HowLegal SettlementMotor Vehicle Noise Threshold in Indonesian Positive Law. The method used is normative legal research. Data sources consist of primary legal materials, secondary legal materials, and tertiary legal materials. In this study the data were analyzed qualitatively and in drawing conclusions the authors applied the method of deductive thinking. Based on the results of the study it is known thatMean Motor Vehicle Noise Threshold that is in the Regulation of the State Minister of the Environment Number 7 of 2009 concerning the New Type Motor Vehicle Noise Threshold. In the attachment of the Minister of Environment Regulation Noise Threshold confirms that the motorcycle noise threshold under 175cc is 80 dB and above 175cc is 83 dB.Juridical Overview Motor Vehicle Noise Threshold that in Article 285 of Law Number 22 of 2009 concerning Road Traffic and Transportation paragraph (1) that everyone who drives a Motorcycle on the Road that does not meet the technical and road-worthy requirements which includes rearview mirrors, horns , headlights, brake lights, directional lights, reflecting devices, speed measuring devices, exhaust, and tire groove depth as referred to in Article 106 paragraph (3) in conjunction with Article 48 paragraphs (2) and (3) shall be punished with imprisonment for a maximum of 1 (one) month or a maximum fine of Rp. 250,000.00 (two hundred and fifty thousand rupiah). Legal SettlementMotorized Vehicle Noise Threshold In Indonesian Positive Law that in taking action by law enforcement in this case the police and the Transportation Agency in carrying out enforcement in terms of noise testing, they never test how much noise is produced and law enforcers do not have the tools to measure the noise level generated from exhaust of motorized vehicle users on the highway.