Dialogia Iuridica

Pemerintah Daerah dalam Dinamika Perekonomian Masyarakat: Perspektif Hukum dan Sosiologi

2024-03-01T09:23:04+00:00

This research highlights the long-term impact of economic events such as the 1990 crisis and the impact of the Covid-19 pandemic, emphasising the important role of government and community participation in managing an economy that still lacks synergy. This research aims to provide a better understanding of the role of local government in the economic dynamics of the community as well as the importance of community participation in economic development. The research method used is a document study with a qualitative approach. Data was obtained from various sources, including relevant laws and regulations, journals and reports. The qualitative approach allows an in-depth understanding of individual views on the issue under study. Local governments have great authority in managing economic resources in their regions, including budget management and development infrastructure, in accordance with Law No. 9/2015 on the Second Amendment to Law No. 23/2014 on Regional Government. However, local government intervention in the economy can also create new dynamics in the social structure and affect the distribution of wealth. Prudent economic policies from the government play a crucial role in economic development, through the creation of policies that support investment, incentives for the development of small and medium enterprises, and the provision of infrastructure that supports economic growth in the region. The importance of community participation and the implementation of policies that support regional autonomy are key to building an inclusive and sustainable economy.

Non Penal Policy to Reduce The Rate of Narcotics Crime Through a Double Track System

2024-03-05T08:26:22+00:00

This research will analyze the problems contained in the implementation of the double track system for narcotics crimes using Lawrence M. Friedman's legal system theory. The author uses normative legal research with a conceptual approach and deductive method accompanied by supporting data to produce a comprehensive and critical analysis to answer the problem. The purpose of this research is to find problems in the use of the double track system in narcotics crimes using Friedman's legal system theory, this is done because in Friedman's legal system theory will divide through three aspects, namely legal substance, legal structure, and legal culture in narcotics crimes. Based on the results of the research, the legal substance problem in narcotics crime is the existence of strict liability which can cause overcriminalization so that depenalization, decriminalization, and diversion policies are needed in the Narcotics Law. In addition, there is a tendency for judges in deciding narcotics cases to only use imprisonment without accompanying it with rehabilitation. In the legal structure, there are problems in the form of a lack of drug rehabilitation facilities, the strong retributive influence so that imprisonment is the main answer in dealing with problems, abuse of power committed by law enforcers, and imprisonment which is a criminogenic factor for narcotics crimes. While the problems in legal culture are stigmatization by the community, the need for confidentiality of identity, the influence of the surrounding environment, and the level of education and employment affect the incidence of drug crimes.

Pemberatan Sanksi Pidana Pada Tindakan Peretasan Situs Milik Dewan Kehormatan Penyelanggara Pemilu Indonesia

2024-03-18T05:32:00+00:00

This article was prepared based on the case of a person with the initials H who hacked a website belonging to the Election Organizer Honorary Council (DKPP). Due to his actions, the court found H guilty of committing a criminal act, without considering the aggravating elements as regulated in the criminal provisions. Based on these issues, the case study in this article aims to examine the application of criminal law penalties for hacking DKPP sites in the criminal provisions of the Law on Electronic Transactions and Information. Based on the normative juridical method and in accordance with the statutory regulatory approach and conceptual approach, H should be proven to fulfill the aggravation element with the addition of one third of the main criminal threat. This was because H hacked intentionally and without the right to change, add, subtract, or hide electronic information belonging to the government, namely the site www.dkpp.go.id. The site belongs to a government agency that has duties and authority regarding violations of the code of ethics by election organizers. The site is also used for various public services related to violations of the code of ethics by election organizers, including complaints and various information services related to DKPP and its duties and authorities.

Efektivitas Hukum Adat Sasi dalam Pelestarian Sumber Daya Alam pada Masyarakat Ambon

2024-02-26T02:14:07+00:00

This research aims to examine and analyze the regulation of Sasi customary law and the effectiveness of Sasi law in the right to conserve natural resources in Ambon society. This research is conducted using empirical legal research method. The results of the study show that Sasi customary law plays an important role in the conservation of natural resources of the Ambon community. Sasi customary law provides general guidelines on human behavior, establishes women's rights, prevents crime, distributes natural resources fairly, and determines how to manage natural resources at sea and on land.This research is also to determine the effectiveness of sasi customary law in saving the natural resources of the Ambon community, and that sasi customary law is able to be applied amidst social, economic and environmental changes in natural resource management, and researchers also examine the obstacles and challenges of implementing sasi customary law and evaluate the role of government and related stakeholders ini supporting natural resource conservation. Based on data analysis, there is a gap between the application of Sasi customary law and the real need to preserve environmental functions. As a recommendation, efforts are needed to create synergy between Sasi customary law and regulation which applies, like Basic Agrarian Law, for ensure conservation sustainability and can provide insight into customary law which ca contribute to the conservation of natural resources. Strengthening the Ambon community's understanding and awareness of the importance of Sasi customary law is also key to improving its effectiveness.

Implementasi Hukuman Kebiri Kimiawi Terkait Perspektif Korban : Perbandingan Antara Indonesia – Amerika Serikat

2024-04-03T02:28:54+00:00

Sexual crimes are a form of crime that is rife today. This can arise due to imbalances in the role of community oversight, weaknesses in law enforcement, and misuse of technology among the younger generation. It has transformed a form of conventional sexual crime into a modern sexual crime involving advanced technology and complicated syndicates. On the side of victims of sexual crimes, special handling is needed to solve sexual crime cases. On the side of victims of sexual crimes, special handling is needed to solve sexual crime cases. This is done in the pattern of examination, submission of evidence, determination of suspects, even for trials that are carried out specifically. The victim needs to be protected, so a chemical castration is required. This study uses descriptive analysis methods for a number of regulations applicable in Criminal Law and Criminal Procedure Law. This research is also complemented by a literature approach in the form of Indonesian legal literature and legal journals to provide support for the implementation of chemical castration for sexual crimes. This paper shows that the Indonesian government should immediately impose chemical castration penalties against child predators. The Indonesian government must also ensure the certainty of the rights of children who are victims of child predators through chemical castration.