JURNAL PEMANDHU https://ejournal.unis.ac.id/index.php/JM <p>PEMANDHU merupakan Jurnal yang terbit tiga kali setahun. Jurnal ini mempublikasikan kajian-kajian hasil penelitian dan tela'ah teoretis dalam bidang Ilmu Hukum, Ilmu Administrasi dan Ilmu Manajemen, yang dapat ditulis dalam bahasa Indonesia dan bahasa Inggris. PEMANDHU dipublikasikann oleh Program Pascasarjana Univeristas Islam Syekh-Yusuf, dengan E-ISSN: 2775-0396</p> en-US pemandhu@unis.ac.id (Erialdy) artikelpasca@unis.ac.id (Afriani, SE, M.M) Mon, 29 Apr 2024 05:59:53 +0700 OJS 3.2.1.4 http://blogs.law.harvard.edu/tech/rss 60 KEBIJAKAN HUKUM UNTUK MENINGKATKAN SANKSI PIDANA PENJARA PADA TINDAK PIDANA RINGAN https://ejournal.unis.ac.id/index.php/JM/article/view/4689 <p><em>Indonesia existence as a rule of law state is characterized by several basic elements, such as recognition and protection of human rights, equality before the law, government organized based on law and so on. Therefore, the aim of punishment cannot be separated from the aim of the law in general to achieve material and spiritual welfare of society as well as undesirable acts, criminal threats for an act which is not desired by society as a criminal act in accordance with the article to which it applies. The rise of minor criminal offenses is the focus of this research, considering that there are several sanctions for criminal acts of imprisonment in minor criminal offenses which are considered less in accordance with applicable regulations, and even lack a sense of justice in them. This research is a type of normative juridical legal research. The data used in this research is secondary data, namely data obtained through literature study in the form of books, legislation, scientific journals and other reading related to research. The results of the research show that the application of sanctions in prison in the Bale Bandung District Court Decision Number 1077/Pid.B/2016/PN.Blb and the decision in the Busrin case are not in accordance with the criminal acts committed by the perpetrators which should be included in light crimes, so that causing harm to the victim. The effectiveness of sanctions for minor crimes by applying imprisonment to the perpetrators currently shows that it is not yet effective, because the resolution of general criminal cases, especially minor crimes, still uses a penal solution where the sentence imposed on perpetrators of minor crimes is a prison sentence that is not in accordance with the crime. his crime. With this, it is hoped that law enforcement agencies can apply the article according to the crime and pay more attention to the various elements of justice in it.</em></p> <p><em>&nbsp;</em></p> <p><strong><em>Keywords</em>:</strong><em> Legal policy, effectiveness, prison criminal sanctions</em></p> Dede Pebrian, Mustofa Kamil, Siti Humulhaer Copyright (c) 2024 JURNAL PEMANDHU https://ejournal.unis.ac.id/index.php/JM/article/view/4689 Wed, 08 May 2024 00:00:00 +0700 PENEGAKKAN HUKUM TERHADAP PELAKU PENYALAHGUNAAN JABATAN DALAM TINDAK PIDANA PENGGELAPAN DAN PENCUCIAN UANG https://ejournal.unis.ac.id/index.php/JM/article/view/4690 <p><em>Many </em><em>Crimes and violations have sprung up in Indonesia in various modes. This study aims to determine and analyze the motives of perpetrators of abusing office in the criminal act of embezzlement in office, law enforcement against perpetrators of embezzlement in office and money laundering and punishment in decision number 114 / Pid / 2019 / PT Yyk has reflected the elements of deterrent effects and laws and regulations on perpetrators of embezzlement in office and the judge's consideration in deciding criminal cases embezzlement in office and money laundering in Decision Number 114/Pid/2019/PT Yyk. The method used is Normative Juridical, descriptive analytical in nature with data analysis carried out qualitatively and the theoretical basis refers to applicable laws and regulations with legal theories and positive law implementation practices concerning the issues discussed. Embezzlement has the potential to occur when integrity is pawned due to several factors. Both intentional and unthinkable, due to low financial literacy of employees. Cases related to embezzlement of company assets or money by employees often occur. The motive is that there are deviations from SOPs and irregularities in recording financial transactions and reporting responsibilities. Law enforcement against perpetrators of embezzlement can be carried out penal efforts using criminal law means (ultimum remidium). Law enforcement officials carry out their respective roles and functions in responding to crime. However, the sanctions imposed have not been enough to cause a deterrent effect so that it is feared that this criminal act is increasingly rife.</em></p> <p><strong><em>&nbsp;</em></strong></p> <p><strong><em>Keywords</em></strong><em> : Embezzlement, crime, conviction, money laundering</em></p> <p><em>&nbsp;</em></p> Eko Fauzhi Sutrisno, Hasnah Aziz, Edi Mulyadi Copyright (c) 2024 JURNAL PEMANDHU https://ejournal.unis.ac.id/index.php/JM/article/view/4690 Wed, 08 May 2024 00:00:00 +0700 KEBIJAKAN PEMBEBASAN PENAHANAN BAGI ANAK YANG MELAKUKAN TINDAK PIDANA PENCURIAN DENGAN KEKERASAN https://ejournal.unis.ac.id/index.php/JM/article/view/4691 <p><em>Children are components of society that are very vulnerable to committing deviant acts. These crimes are not only committed by adults but also by children. Children who are in a bad environment do not rule out the possibility of committing a crime because they are in a social environment that supports the occurrence of a crime. Crimes committed by children in general are a process of imitating or being influenced by the persuasion of adults or certain influences. The aims of this study are: To analyze the release policy for detaining children who have committed the crime of theft with violence. To explain and analyze the impact and solutions of releasing children who commit criminal acts of theft with violence and whether they provide a deterrent effect. And also to Analyze the judge's considerations in granting release from detention for children who have committed the crime of theft with violence. This research was carried out using two approaches, namely consisting of normative legal research (normative juridical). With data collection techniques through interviews, observation, and documentation. The results of the research are policies and rules that are formed to regulate the handling of children who are in conflict with the law both within the juvenile justice system and outside the criminal justice system and provide protection for children for the rights that must be obtained by children and for the sake of welfare. child. By getting various coaching based on the protection of children, it is hoped that they can determine and regain their natural identity as living human beings and have better life goals. children are only given guidance in institutions at the Cileungsi Bogor Social Rehabilitation Center for Children for 6 (six) months each.</em></p> <p><strong><em>&nbsp;</em></strong></p> <p><strong><em>Keywords: </em></strong><em>Release policy, theft, children.</em></p> Jajang Mulyaman, Hasnah Aziz; Edi Mulyadi Copyright (c) 2024 JURNAL PEMANDHU https://ejournal.unis.ac.id/index.php/JM/article/view/4691 Wed, 08 May 2024 00:00:00 +0700 ANALISIS YURIDIS TERHADAP SANKSI TINDAK PIDANA PERSETUBUHAN DENGAN PELAKU DAN KORBAN MERUPAKAN ANAK https://ejournal.unis.ac.id/index.php/JM/article/view/4692 <p><em>The problems in this study are What are the factors that cause and are behind the occurrence of sexual violence from children to children by minimizing these factors, How the criminal sanctions imposed on perpetrators of sexual violence committed with child victims have met the deterrent effect and have been based on justice compared to other cases, How is the judge's consideration in decision Number 18/Pid.Sus-Anak/2021/PN Srg. The purpose of the research is to find out and analyze the causative and underlying factors of sexual violence from children to children and how to minimize these factors, To find out and analyze the criminal sanctions imposed on perpetrators of sexual violence committed with child victims have fulfilled the deterrent effect and are based on justice compared to other cases, To find out and analyze the judge's consideration in decision Number 18/Pid.Sus-Anak/2021/PN Srg. The research methodology used in this study is a normative juridical approach, namely legal materials used such as legal materials collected from secondary data, namely in the form of laws, scientific books. The results of this study show that the law which has a function as social control in society, and the function of law as a tool to change society, is expected to carry out its function well in handling and cracking down on juvenile delinquency that is rife in various crimes. It is expected that a law on the criminal act of child copulation against children will be formed.</em></p> <p><strong><em>Keywords : </em></strong><em>Intercourse, teen delinquency, globalization.</em></p> Nurlaela Nurlaela, Annie Myranika, Putri Hafidati Copyright (c) 2024 JURNAL PEMANDHU https://ejournal.unis.ac.id/index.php/JM/article/view/4692 Wed, 08 May 2024 00:00:00 +0700 PERLINDUNGAN HUKUM TERHADAP NASABAH PINJAMAN ONLINE DIKAITKAN DENGAN PASAL 1320 KUH PERDATA TENTANG KEABSAHAN PERJANJIAN KONTRAK https://ejournal.unis.ac.id/index.php/JM/article/view/4693 <p><em>The aims of this research are to find out and analyze: 1) the factors of someone making an online loan and the impact related to legal protection for consumers due to compound interest, terror and death of customers/consumers in online loan agreements, 2) the validity of an electronic contract ( e-contract /online-contract) related to online loans, as well as implementation based on justice, 3) legal protection for online loan settlements when there is no dispute and if a dispute occurs between the parties.</em> <em>This research uses a systematic process to find facts and get good results. The research method and type of research used in this research is empirical juridical, namely research that uses library research and field research. That the research results are the main factor that makes someone take out an online loan (pinjol) is because of the ease of the borrowing process. The problem arises when the consumer cannot pay the bill when it is due, the debt collector gains access to the data on the consumer's cell phone.</em> <em>The ITE Law Article 45, 46 paragraph 2, prohibits the act of obtaining information by any means as stated in article 30, especially in paragraph 2. Consumer legal protection is regulated in Law Number 8 of 1999 concerning Consumer Protection.</em> <em>The validity of an electronic contract (e–contract/online-contract) in an online loan agreement is valid according to article 1320 of the Civil Code and Government Regulation Number 82 of 2012 concerning the Implementation of Electronic Systems and Transactions which also explains that electronic contracts are considered valid if they comply with Article 47 paragraph (2). Settlement of disputes resulting from online loans can be resolved through an institution that has been established by the government, namely the Consumer Dispute Resolution Agency</em></p> <p><strong><em>&nbsp;</em></strong></p> <p><strong><em>Keywords:</em></strong><em> Online loans, legal protection of users, validity of electronic contracts, National Consumer Protection Agency (BPKN), Consumer Dispute Resolution Agency (BPSK), Indonesian Consumers Foundation (YLKI)</em></p> Yadi Mulyadi, Hasnah Aziz, Annie Myranika Copyright (c) 2024 JURNAL PEMANDHU https://ejournal.unis.ac.id/index.php/JM/article/view/4693 Wed, 08 May 2024 00:00:00 +0700 PENYIDIKAN TINDAK PIDANA KORUPSI DI BIDANG PENGADAAN BARANG DAN JASA DI SUBDIT TIGA TIPIDKOR KEPOLISIAN DAERAH BANTEN https://ejournal.unis.ac.id/index.php/JM/article/view/4694 <p><em>This study aims to analyze the implementation of corruption investigations in the field of procurement of goods and services by the Police and to analyze what factors hinder the investigation of corruption crimes in the field of procurement of goods and services. The method used in this thesis is empirical legal research, which is research carried out directly in the field. The data obtained both primary and secondary are analyzed both deductively and inductively then presented descriptively, namely explaining, deciphering, and describing in accordance with problems that are closely related to this study. The results showed that the implementation of the investigation of corruption crimes in the field of procurement of goods and services by Sub-Directorate 3 Tipidkor Polda Banten was through enforcement efforts in the form of investigation activities, case development techniques by utilizing whistle blowers and justice collaborators as well as investigative audit techniques as a method of searching and collecting data, information and other findings to find out the truth or even falsehood of a fact by coordinating with BPK/BPKP. Factors that hinder the investigation of criminal acts of corruption in the field of procurement of goods and services are the limited number of human resources for investigators who carry out on-site investigation and inspection activities and limited information report information related to suspected criminal acts of corruption. The police should further optimize the role of justice collaborators in the investigation stage of corruption in the procurement of goods and services. In addition, the investigation methods that have been often used can also be further optimized, considering that corruption in the procurement of goods and services is the most common type of corruption that has resulted in state losses. In order to overcome internal difficulties, the police must arrange special stages for handling corruption cases in the procurement of goods and services starting from the investigation stage, the investigation stage, to the stage of transferring case files to the Prosecutor's Office. </em></p> <p><strong><em>Keywords</em></strong><strong> : </strong><em>Corruption, procurement, investigation</em></p> <p><em>&nbsp;</em></p> Yuda Pranata, Mustofa Kamil, Tina Asmarawati Copyright (c) 2024 JURNAL PEMANDHU https://ejournal.unis.ac.id/index.php/JM/article/view/4694 Wed, 08 May 2024 00:00:00 +0700 TINJAUAN YURIDIS TINDAK PIDANA PERDAGANGAN DENGAN MENGGUNAKAN MEREK ORANG LAIN DITINJAU DARI UNDANG-UNDANG REPUBLIK INDONESIA NOMOR 20 TAHUN 2016 TENTANG MEREK DAN INDIKASI GEOGRAFIS https://ejournal.unis.ac.id/index.php/JM/article/view/4695 <p><em>The research objectives of this study are: 1) to examine and analyze the legal rules governing the criminal act of using the same brand as a registered mark belonging to another party, as well as what sanctions are given and the problems of law enforcement in handling cases of criminal acts regarding trademarks and geographical indications, so that it can to avoid overlapping authority or even irregularities, 2) To find out and examine the factors that cause the registration of a mark which is the same as a registered mark belonging to another party and the judge's consideration of the perpetrator of the crime of trading goods and/or products which are known to have a registered mark , in decision Number: 302/Pid.B/2019/PN.Srg and in decision Number: 224/Pid.Sus//2019/PN.Srg and, 3) To find out whether there are differences in the Judge's considerations regarding perpetrators of criminal acts of trading goods and /or products that are known to have a registered trademark. In this research, the method used is a qualitative research method which is descriptive analysis, with an empirical normative approach. With the research object of legal regulations which are linked to legal theories. The results of this research are: 1) the legal rules governing criminal acts of trading using other people's brands and are there any legal problems in handling cases of criminal acts of marks and geographical indications? 2) the factors that cause the registration of a trademark that is the same as a registered trademark belonging to another party and what is the judge's consideration of the perpetrator of the crime of trading in goods and/or products that are known to have a registered trademark, in decision Number: 302/Pid.B /2019/PN.Srg and in decision Number: 224/Pid.Sus//2019/PN.Srg. 3) Why is there a difference in the Judge's considerations regarding perpetrators of criminal acts of trading goods and/or products which are known to have registered brands, in decision Number: 302 / Pid.B/2019/PN.Srg and in decision Number: 224/Pid.Sus/ /2019/PN.Srg.</em></p> <p><strong><em>Keywords:</em></strong><em> Brand, consumer protection, law enforcement</em></p> Yulius Chandra, Hasnah Aziz, Edi Mulyadi Copyright (c) 2024 JURNAL PEMANDHU https://ejournal.unis.ac.id/index.php/JM/article/view/4695 Wed, 08 May 2024 00:00:00 +0700 TINJAUAN YURIDIS PERJANJIAN PRA NIKAH TERHADAP KEDUDUKAN HARTA BERSAMA DITINJAU DARI ASAS KEADILAN https://ejournal.unis.ac.id/index.php/JM/article/view/4756 <p><em>At the time of marriage, during marriage and after marriage, many things will happen such as; Property problems, where if there are no clear provisions, especially the issue of the division of property left by the deceased or those who divorce will cause a problem. To affirm the position of joint property in marriage, the prospective husband and prospective wife can make a Prenuptial agreement</em></p> <p><em>The purpose of this study was first to determine the position of joint property in the prenuptial agreement; second, to find out the obstacles in the implementation of the prenuptial agreement on joint property and their solutions; and thirdly to ensure the position of common property based on the principle of justice. This study uses empirical legal research with a phenomenological approach and an approach with lapanagan research by seeing and observing what happens in the lapanagan. For the phenomenological approach, it uses qualitative research that looks and hears more closely and in detail the individual's explanation and understanding of his or her experiences. The results of research based on the Prenuptial Agreement in the form of a Marriage Agreement Deed in the research conducted by the author, the description of the contents of this Prenuptial Agreement includes the separation of property before marriage, separation of debts before marriage, during marriage, or even after divorce, in order to distinguish which property of the prospective wife and which property of the prospective husband, in the event of divorce or death in one of the spouses. The obstacle that will arise is regarding the proof of property obtained by each party, then the solution if there is no proof of ownership, will be divided into two equally. It can be concluded that joint property acquired during marriage becomes the right and responsibility of each party. Based on the application of the principle of justice to joint property in the prenuptial agreement, this is in line with Plato's theory which states that an act can be said to be procedurally fair, if someone has carried out the contents of the agreed agreement.</em></p> <p><em>&nbsp;</em></p> <p><strong><em>Keywords</em></strong><em>: Prenuptial agreement, joint property, principle of justice</em></p> Hayyushri Hawignam Astu, Siti Humulhaer, Pandi Zulfikar Copyright (c) 2024 JURNAL PEMANDHU https://ejournal.unis.ac.id/index.php/JM/article/view/4756 Sun, 26 May 2024 00:00:00 +0700 ANALISIS YURIDIS PENERAPAN KEBIJAKAN PROGRAM SEKOLAH POLISI NEGARA POLDA BANTEN DALAM MENDIDIK CALON BINTARA UNTUK MEWUJUDKAN POLRI PROFESIONAL MODERN TERPERCAYA (PROMOTER https://ejournal.unis.ac.id/index.php/JM/article/view/4755 <p><em>The background is that there is still a corruptive culture within the police institution, the desire to make police figures humane, improve good service to the public, and professionalism in law enforcement. SPN as part of the Polri educational institution aims to form Polri personnel who must be able to adapt to changing times. The aim of the research is to find out and analyze how the Banten Polda State Police School program is implemented in Educating Candidates for Non-commissioned Officers to Create a Trusted Modern Professional Police (Promoter). To find out and analyze how to apply the law enforcement process to students forming Education candidates for Indonesian police officers. To find out and analyze what obstacles exist in the Implementation of the Banten Polda State Police School in Educating Candidates for Non-commissioned Officers to Create a Trusted Modern Professional Police (Promoter). The type of research used in this study is qualitative research, namely research that emphasizes testing theories through research interviews in the context of discussions, and conducting data analysis with statistical procedures or mathematical capital. The data collection technique used in this research is by using interview, observation, and documentation methods. Based on the results of the research and discussion regarding the Juridical Analysis of the Application of Policies for the Banten Police State Police School Program in Educating Candidates for Non-Commissioned Officers to Create a Trusted Modern Professional Police (Promoter) (Study of Perkap No. 14 of 2015 concerning the National Police Education System), the Functions and Roles of Educators in The formation of NCOs at the SPN Polda Banten has been running effectively and in accordance with the regulations at the SPN Polda Banten. This program reflects all the hopes that he wants to be realized by the commander wish that has been socialized to Headquarters, Regional Police and Polres throughout Indonesia. Which is now known as projection</em></p> <p><em>&nbsp;</em></p> <p><strong><em>Keywords : </em></strong><em>Policy, school implementation, service, law enforcement</em></p> Aji Nugraha, Hasnah Aziz, Edi Mulyadi Copyright (c) 2024 JURNAL PEMANDHU https://ejournal.unis.ac.id/index.php/JM/article/view/4755 Sun, 26 May 2024 00:00:00 +0700 PERLINDUNGAN HUKUM BAGI ANAK KAWIN SIRI DALAM MEMPEROLEH DOKUMEN ADMINISTRASI KEPENDUDUKAN https://ejournal.unis.ac.id/index.php/JM/article/view/4751 <p><em>The state protects married couples in case of statutory marital disputes, but not for serial marriages, they have no legal force. All their children do not receive protection from the state and their children have many problems in their lives because they do not have Population Administration Documents. The purpose of this study is first to find out and analyze the reasons or motives for serial marriage carried out in Indonesia, second to know and analyze the Legal Protection and rights of children from Siri marriage in obtaining Population Administration Documents based on laws and regulations, third to find out and analyze obstacles in making Population Administration Documents for Siri Married Children and how to overcome them. The research method used in writing is a normative legal research method with a statutory approach, a case approach, a conceptual approach, an analytical approach. The data used are primary data and secondary data are analyzed qualitatively in order to obtain a conclusion that can be scientifically accounted for. The results of the first study a. the reasons for serial marriage are improving the family economy, polygamous roads, and avoiding adultery. b. problems Family conflicts, economic problems, legal problems, social and psychological problems, and religious problems. Second, legal protection and the rights of Siri's married children in obtaining Population Administration Documents based on laws and regulations, namely Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection, Law Number 39 of 1999 concerning Human Rights, third, Obstacles and ways to overcome obstacles in making Population Administration Documents for Siri's married children are birth certificates,&nbsp; Family Card. </em></p> <p><em>&nbsp;</em></p> <p><strong><em>Keywords: </em></strong><em>Protection, serial married children, administrative documents population.</em></p> <p>&nbsp;</p> Alse Hawana, Hasnah Aziz, Putri Hafidati Copyright (c) 2024 JURNAL PEMANDHU https://ejournal.unis.ac.id/index.php/JM/article/view/4751 Sun, 26 May 2024 00:00:00 +0700 PROBLEMATIKA PENERAPAN PRINSIP NON-REFOULEMENT BAGI PENGUNGSI INTERNASIONAL SEBAGAI JUS COGENS DI INDONESIA https://ejournal.unis.ac.id/index.php/JM/article/view/4758 <p><em>The principle of non-refoulement is respected in order to accept the flow of refugees into its territory. However, various problems arise in handling the protection of international refugees in Indonesia. This research aims to examine how the protection of international refugees in Indonesia, how the principle of non-refoulement as jus cogens for international refugees in Indonesia, and what are the problems of the principle of non-refoulement as jus cogens for international refugees in Indonesia. The method in this research uses normative research by using a conceptual approach, as well as statutory approaches and other instruments related to refugees. The results show that, firstly, Indonesia's concern for the flow of refugees entering Indonesian territory shows that Indonesia upholds the values of Pancasila and respect for the principle of non-refoulement. Second, the principle of non-refoulement is part of the jus cogens that Indonesia believes to accept the flow of refugees entering its territory with and/or without regard to reservations as stated in the 1951 Convention and 1967 Protocol on the Status of Refugees. Third, although the applicable national instruments related to the handling of refugees entering Indonesian territory have provided clarity on the treatment of refugees, it is not enough to provide legal certainty in handling the protection of refugees entering Indonesian territory and Indonesian sovereignty itself. Therefore, Indonesia needs a comprehensive special policy to provide a role in handling refugee protection based on humanity without overriding the sovereignty of the State.</em></p> <p><em>&nbsp;</em></p> <p><strong><em>Keywords </em></strong><em>: Non-refoulement, jus cogens, soverignty</em></p> Irma Sri Rejeki, Siti Humulhaer, Pandri Zulfikar Copyright (c) 2024 JURNAL PEMANDHU https://ejournal.unis.ac.id/index.php/JM/article/view/4758 Sun, 26 May 2024 00:00:00 +0700 ANALISIS TINDAK PIDANA PENCURIAN DAN PEMBERATAN YANG DILAKUKAN PADA MALAM HARI MENGAMBIL BARANG YANG BUKAN HAK MILIK https://ejournal.unis.ac.id/index.php/JM/article/view/4757 <p><em>Crimes of theft and aggravation committed at night have shown an increase. The increase in crime includes the modus operandi, the equipment used and the targets of the crime. Perpetrators of crimes tend to be bolder and more open in carrying out their actions so that it is very disturbing to society. The purposes of this study are: 1) To find out the policy of the crime of theft at night and the policy to prevent theft at night. 2) Factors that influence the occurrence of criminal acts of theft at night and how to prevent theft by weighting. 3) Application of material criminal law and the judge's consideration of the crime of theft by weighting in Decision Number 895/Pid.B/2022/PN.Tng. This research was conducted using two approaches, consisting of: normative legal research (normative juridical) and sociological research (empirical juridical). With data collection techniques through interviews, observation, and documentation. The results of the study show that theft at night does not necessarily include the crime of theft with aggravating qualifications in the context of Article 363 paragraph (1) 3 of the Criminal Code, but casuistically it still depends on the economic value of goods or objects that are the object of theft, as regulated by PERMA Number 2 of 2012. As in carrying out duties and authorities, especially in tackling criminal acts of theft at night as regulated in Article 14 paragraph (1) of Law No. 2 of 2002. The factors that influence are the economy, the opportunity and intention. In addition to having talent and bad character or being driven by sociological factors or there are other reasons that encourage the perpetrators to do this. In addition to this, theft arises because of the lack of vigilance and deterrence power of the community itself and disturbance of order. The provisions for aggravating the crime of theft committed at night based on decision number 895/Pid.B/2022/PN Tng are in accordance with the concept of positive law that applies in Indonesia with reference to the Criminal Code. The basis for the judge's consideration when deciding a case that is not only seen from the material (written) rule of law, the defendant is avoided from being sentenced to 1 (one) year in prison</em>.</p> <p>&nbsp;</p> <p><strong><em>Keywords: </em></strong><em>Crime, theft, policy</em></p> Maryadi Maryadi, Hasnah Aziz, Bambang Mardisentosa Copyright (c) 2024 JURNAL PEMANDHU https://ejournal.unis.ac.id/index.php/JM/article/view/4757 Sun, 26 May 2024 00:00:00 +0700 PERLINDUNGAN HUKUM TERHADAP KORBAN TINDAK PIDANA EKSPLOITASI ANAK DIBAWAH UMUR AKIBAT KETERBATASAN EKONOMI https://ejournal.unis.ac.id/index.php/JM/article/view/4752 <p><em>Children are considered the most valuable wealth and have human rights that must be upheld, but are vulnerable to economic and sexual exploitation. Various modes, such as fake work with the lure of profit, can trap children in situations of exploitation. This study aims to determine how legal protection, the background of criminal acts and the efforts of law enforcement officials in overcoming the occurrence of criminal acts of exploitation of minors and their obstacles. This type of research uses a type of normative-empirical research in the form of legal behavior, for example reviewing laws combined with their implementation in every legal event that occurs in a society. The results of the study show that punitive measures for child exploitation refer to Law No. 35 of 2014 while protecting the rights of children so that the problem is not exposed and causes bad things to children. The law guarantees children's right to live, grow, develop, and participate in all aspects of life without discrimination. Law enforcement's own efforts include investigation, arrest and prosecution, victim protection and prevention with the support of public awareness. On the other hand, the lack of reporting of the reality that arises on the ground to the authorities and the slow pace of victims of child exploitation who report their problems and the lack of public knowledge and awareness in child protection efforts cause many cases that should be handled to be missed so that victims of child exploitation do not get the proper treatment and protection.</em></p> <p><em>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; </em></p> <p><strong><em>Keywords : </em></strong><em>Legal protection, criminal act, economic exploitation</em></p> Roy Kurniawan, Hasnah Aziz, Siti Humulhaer Copyright (c) 2024 JURNAL PEMANDHU https://ejournal.unis.ac.id/index.php/JM/article/view/4752 Sun, 26 May 2024 00:00:00 +0700 PERTANGGUNGJAWABAN TINDAK PIDANA PEMALSUAN SURAT KTP YANG DAPAT MENGAKIBATKAN KERUGIAN PADA ORANG LAIN https://ejournal.unis.ac.id/index.php/JM/article/view/4753 <p><em>The crime of counterfeiting ID cards has been growing which points to the higher level of intelligence of the crime of complex forgery, accompanied by the sophistication of tools and technology today. With the act of forgery can cause various crimes and become a threat to the survival of the community., The purpose of this study is first to determine the forms of forgery and the factors causing the criminal act of forging ID documents carried out by the community and internal Police secondly to determine the impact of falsifying KTP documents and how to minimize the occurrence of forgery of KTP documents third to find out the application of criminal law material to criminal offense of embezzlement of forgery of ID card letters. The type and nature of research used in this study is normative juridical research, namely research that refers to legal norms and principles contained in laws and regulations. This research uses analytical descriptive research methods, so the legal material used is a qualitative approach. Results of the first study The forms of forgery and the factors causing the criminal act of falsifying KTP documents are a. Identity Number (NIK), b Family Card (KK), c.Electronic Identity Card (KTP-el), d.Marriage/Divorce Certificate, e. Birth/Death Certificate, g. kta Probate of Children, Adoption of Children, h. Name Change and Change of Citizenship Status. The second serious impact, namely the emergence of various criminal acts in the community. Almost all crimes related to the economy, state administration and state security, begin with falsification of population documents. Third, Application of Material Criminal Law Provisions to the Criminal Act of Embezzlement, Forgery of ID Cards, which can cause harm to others.</em></p> <p><strong><em>&nbsp;</em></strong></p> <p><strong><em>Keywords : </em></strong><em>Criminal act, document forgery, Identity Card</em></p> Wahyu Anggara, Putri Hafidati, Mustofa Kamil Copyright (c) 2024 JURNAL PEMANDHU https://ejournal.unis.ac.id/index.php/JM/article/view/4753 Sun, 26 May 2024 00:00:00 +0700 TINJAUAN HUKUM TERHADAP KINERJA DEWAN PERWAKILAN RAKYAT DAERAH FRAKSI GERAKAN INDONESIA RAYA KABUPATEN TANGERANG DALAM MENGATASI KEMISKINAN https://ejournal.unis.ac.id/index.php/JM/article/view/4754 <p><em>Regional</em> <em>People's</em> <em>Representative</em> <em>Councils</em> <em>or legislative institutions whose existence is a must in a democratic country. Having the task of absorbing, collecting, and following up on the aspirations of the community, especially in overcoming poverty problems, but many people in Tangerang district are on the poverty line. The purpose of this study is First, to determine the role of law on the performance of members of the Regional People's Representative Council of the Great Indonesia Movement Faction of Tangerang Regency in overcoming poverty problems in their regions. Second, to determine the constraints of the role of law on the performance of members of the Regional People's Representative Council, the Great Indonesia Movement Faction, Tangerang Regency in overcoming poverty problems. Third, To ensure the role of law in the performance of members of the Regional People's Representative Council, the Great Indonesia Movement Faction, Tangerang Regency in overcoming poverty problems. This research method uses normative juridical which analyzes problems by combining legal materials with primary data obtained from the field. Data collection techniques are carried out in two ways, namely through library research methods and field research methods. The results of this study are first, the factors that cause poverty in Tangerang district that are difficult to overcome are the problem of population growth rate which then results in unemployment, inequality in regional income distribution and development, and education which is the main capital to be able to compete in today's world of work. Second, the obstacles of members of the Regional People's Representative Council of the Great Indonesia Movement Faction in implementing regulations to overcome the problem of poverty, namely Low education level makes lack of job security, Very high unemployment rate caused by very low work ethic and easy to give up and Uneven infrastructure development makes access to basic services very low. Third, the way Members of the Regional People's Representative Council overcome obstacles in overcoming poverty problems are: There are several government programs that have been implemented and intended as solutions to overcome poverty problems.</em></p> <p><strong><em>&nbsp;</em></strong></p> <p><strong><em>Keywords</em></strong><strong><em> : </em></strong><em>Poverty,</em><em> policy, welfare</em></p> Ade Setiawan, Hasnah Aziz, Tina Asmarawati Copyright (c) 2024 JURNAL PEMANDHU https://ejournal.unis.ac.id/index.php/JM/article/view/4754 Sun, 26 May 2024 00:00:00 +0700 Literature Review : Pemenuhan Hak Anak Dan Upaya Terciptanya Tertib Administrasi Kependudukan https://ejournal.unis.ac.id/index.php/JM/article/view/4814 <p><em>This article is a review of a book entitled "Fulfillment of Children's Rights and Efforts to Create Orderly Population Administration". This book has explained the urgency of fulfilling children's rights and efforts to create orderly population administration. Regulations on the issuance of birth certificate ownership to realize orderly population administration in terms of regulating the authority to issue birth certificates. And this book also explains the existence of regulations in Law Number 24 of 2013 concerning Amendments to Law Number 23 of 2006 concerning Population Administration which should be able to guarantee the fulfillment of birth certificates for children, on the other hand, becomes an obstacle. In Law Number 24 of 2013 there are articles that are considered problematic and inhibiting and not in harmony with other laws concerning the fulfillment of the right to identity or birth certificates.</em></p> <p><em>&nbsp;</em></p> <p><strong><em>Keywords:</em></strong><em> Books, literature reviews, children's rights, population administration.</em></p> Muhamad Husein Copyright (c) 2024 JURNAL PEMANDHU https://ejournal.unis.ac.id/index.php/JM/article/view/4814 Tue, 11 Jun 2024 00:00:00 +0700