Jurnal Perspektif Hukum

TINJAUAN HUKUM PIDANA TERHADAP KEPEMILIKAN HEWAN PELIHARAAN YANG MEMBAHAYAKAN ORANG LAIN

Barnabas Yusran Sarumaha — 2024-05-15

Having a pet is not a problem as long as it does not violate the law and does not harm others or violate other people's rights. However, many cases occur where pets attack other people and endanger lives. This study aims to examine the legal arrangements regarding pet ownership, the implementation of rules regarding pet ownership and solutions to problems of pet ownership that endanger others. This research is a normative law research. Normative law research uses normative case studies in the form of legal behavior products, for example examining laws. This research is descriptive in nature, namely research that is explanatory in nature, and aims to obtain a complete picture of the state of the law that applies in a particular place, or regarding existing juridical symptoms, or a certain legal event that occurs in society. It was found that pets that endanger the lives of others according to criminal law are included in general criminal offenses and regulated in the Criminal Code. Pet owners can be convicted according to Article 359, Article 360 and Article 490 of the Criminal Code if their pets harm others. Cases of pet ownership endangering others often occur. Whether it is an attack or a bite that causes minor injuries to death. However, most cases are only resolved through compensation. Even though there have been several cases of pet attacks, especially dogs, which have claimed lives. Crime prevention efforts can be broadly divided into two criminal policies, namely through penal channels (criminal law) and through non-penal channels (not / outside of criminal law).

PENEGAKAN HUKUM PIDANA TERHADAP PENCEMARAN LINGKUNGAN DANAU TOBA OLEH MASYARAKAT PENGELOLA KERAMBA JARING APUNG (KJA)

Pretty Elisabeth Pardosi — 2024-05-02

Lakes have a significant economic function, namely as a source of clean water which is very important for human needs such as providing drinking water, irrigation, and industrial purposes. One of the lakes owned by Indonesia is Lake Toba. The community uses the Lake Toba area for agriculture, tourism, and fisheries. Floating net cage (KJA) is one of the freshwater fish farming systems that developed in the Lake Toba area. The existence of KJA in Lake Toba is able to improve the community's economy resulting in its use increasing from year to year. However, its management has a negative impact on the environment, such as Lake Toba water pollution. This research will examine criminal law enforcement related to the management of Floating Net Cages (KJA) that pollute the environment in Lake Toba and solutions to the problem of managing Floating Net Cages (KJA) that pollute the Lake Toba environment. This research is a normative legal research, which is descriptive (exposure). Normative legal research is a document study, which uses sources of legal material in the form of laws and regulations, court decisions / decrees, contracts / agreements / contracts, legal theories, and opinions of scholars. The results showed that law enforcement of KJA managers who pollute the environment in Lake Toba is still weak, even though there is a legal umbrella that regulates it. Countermeasures can be divided into pre-emptive action, preventive action and repressive action. Pre-emptive action can be done by conducting a Strategic Environmental Assessment (KLHS) program, while preventive action can be done by being selective in granting environmental permits, and repressive action is by imposing strict sanctions in accordance with applicable regulations.

Keywords: Criminal Law Enforcement, KJA Management, Environmental Pollution.

JURIDICAL ANALYSIS OF CHILDREN AS PEOPLE OF THE CRIME OF ONLINE GAMBLING (Case Study in the Legal Area of the Medan Police)

Dini Rizki Tevin — 2024-05-22

Gambling conducted online on the internet is regulated in Article 27 paragraph (2) of Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 or hereinafter referred to as the Electronic Information and Transaction Law. The threat to this offense is regulated in Article 45 paragraph (2) of the Electronic Information and Transaction Law. The formulation of the problem in this thesis is how the form of law enforcement by the Medan police station against children as online gambling offenders, what are the factors that cause children to commit online gambling crimes in the Medan police jurisdiction, how are the efforts of the Medan police station in tackling children as online gambling offenders. The writing of this thesis uses empirical legal research methods, commonly referred to as field research or field research, which is a type of research oriented towards collecting empirical data in the field, and analyzed qualitatively. The conclusion of the discussion is that in general, minors who are involved in criminal acts such as online gambling in the Medan Police jurisdiction are due to peer factors, environmental factors, and lack of parental supervision, the form of law enforcement by Medan Police against children as online gambling offenders is by inviting the child's parents and involving bapas, In the preparation of the Juvenile Criminal Justice System Law No. 11 of 2012 adheres to the principle of equality before the law, as well as if the perpetrator is a child, then the child must also be responsible for his actions, no exception for children who commit gambling, countermeasures against cases of children as online gambling offenders carried out by the police, namely preventive, repressive, persuasive, and curative efforts.

ANALISIS YURIDIS REKAMAN CLOSED CIRCUIT TELEVISION (CCTV) SEBAGAI ALAT BUKTI TINDAK PIDANA PENCURIAN DALAM KEADAAN YANG MEMBERATKAN (Studi Putusan Nomor 5/Pid.B/2022/PN.Mdn)

Nabila Nabila Bila — 2024-05-22

Evidence in the examination process before trial has an important position in determining whether or not a defendant can be sentenced to a crime. Evidence in criminal procedural law is guided by Articles 183 and 184 of the Criminal Procedure Code. Evidence in pretrial investigations plays an important role in deciding whether or not a defendant can be punished for committing a crime. Provisions for proving criminal procedural law are regulated in Articles 183 and 184 of the Criminal Procedure Code.Thesis writing uses a normative juridical approach and is descriptive in nature and analyzed qualitatively. As time goes by, there is very rapid development of technology and information and is also supported by advances in science, giving birth to new regulations, namely Law Number 19 of 2016 concerning Information and Electronic Transactions, which regulates electronic activities, including electronic evidence. The conclusion of the discussion is that the legal position of CCTV recordings as evidence in the crime of theft with aggravation in Decision Number 5/Pid.B/2022/PN.Mdn is that CCTV footage is used as one of the supporting evidence provided by the Prosecutor's Office to reveal the crime of theft with aggravation . The position of CCTV in the judge's consideration is included in the category of evidence that provides clues and sheds light on a criminal act committed by the defendant

PERLINDUNGAN HUKUM TERHADAP ANAK KORBAN TINDAK PIDANA KEKERASAN FISIK

Azri Amin Hidayah — 2024-05-22

Children are the young generation who are one of the human resources who have the potential to carry forward the nation's ideals. Every country is obliged to provide adequate attention and protection to children's rights. Violence often occurs against children, which can be destructive, dangerous and frightening for children. Children who are victims of violence suffer losses, not only material, but also immaterial, such as emotional and psychological shock, which can affect the child's future life. In essence, children cannot protect themselves and various kinds of actions cause mental, physical and social harm in various areas of life and livelihood. This research is normative juridical and empirical juridical legal research as support. Normative juridical research is an approach from the perspective of statutory regulations and legal norms, and case approaches are appropriate to existing problems, while the empirical juridical approach emphasizes research aimed at gaining knowledge of statutory regulations.

The legal regulation of criminal acts committed by children is regulated in Law Number 11 of 2012 concerning the Juvenile Justice System, which in principle, cases of children in conflict with the law brought in the judicial process are serious cases of a serious nature, and still prioritize the principle of best interests. for children and the punishment process is the last resort without ignoring children's rights. Apart from that, children's cases can be resolved through non-formal mechanisms using a restorative justice approach to fulfill a sense of justice for the victim so that both parties can forgive each other.