Land was a masterpiece that was created by the Almighty God had been given to mankind who lives at starting their born, their activities in the world until death. Therefore, the land was a basic human need, which required land for a living, to grow crops, investing to be a source of life. Cosmological, the land was wherein the people lived, to work and live activity places, and rest after hard working. The land was a natural resource that was needed by a human, the human needs for land always increasing, and land availability will be limited. Due it's limitation, it was impacted an economic value was higher based on increasing demand for land, therefore, the land was true for residential shifted into business items that led to the competition was very tight and raised a legal issues unlike the land disputed in aspects Civil law, the law of the State Administration to Criminal Offense. The criminal policy towards a land criminal offense resolution resolved through various means that penal policies and non-penal policy / mediation penal, penal mediation policy as one of the best ways for settling disputes on the outer courts in Indonesia based on the philosophical basis of Pancasila state solution based on the precepts 4 th , democracy led by the policy wisdom in the consultative / representative of the essence of each problems resolved by discussion and consensus, especially, on criminal cases land in the form of crime / offense against the annexation of land rights, occupying land without the landowner's permission, forging documents of land ownership, doubling certificate of property rights to land, embezzlement rights over immovable unlike a land, houses, and fields. The criminal offense other than intentional, negligent as well as was structured, due to the circumstances and the need that was conducted by any individual or legal entity offender.
The philosophy of functional transfer of land from wetlands, paddy fields, watersheds, protected forests, coastal and lake reclamation into residential areas in a national perspective, is one of the causes of climate change today. Initially, these places provide a cool, fresh, and clean air for humans being and the environment, but with the transition of the functions of these lands, an unexpected impact arises from the emergence of pollution, climate change that led to the occurrence of global warming. Philosophically, the transition of land functions is prohibited because it affects the human life. Sociologically, human actions that are deliberately destructive to the environment by transforming agrarian lands into residential areas, factories, hotels, and large malls so that previously productive land, turning into polluted lands, must be illegal due to land misuse as opposed to the public interest. Thus, juridical, a regulation that will be highlighted from the criminal law aspects both in the case of criminal acts, criminal liability, and the formulation of the punishment system against any person or legal body proven to commit criminal acts in the case of abuse of land functions, resulting in the change Climate that threatens the safety of mankind. This paper uses a normative juridical approach method with some analysis in the form of legal theories related to the writing of this journal.
This study aims to seek for deterrent effects for perpetrator of criminal acts of corruption that imposed with Double Track System concept. Double Track System represents the punishment system through two tracks which are criminal sanction and treatment. This study use normative law method. The resource of legal materials which used is primary legal material which is the legal rules and regulations and secondary legal material which is theories of law. The issues explored in this research are legal arrangement for offenders of criminal acts of corruption and punishment system against the offenders. The results showed that about the criminal acts of corruption and sanctions imposed on the offenders are set forth in Act No. 31 of 1999 Jo. Act No. 20 of 2001 about Decrement of Criminal Acts of Corruption and Punishment System and Double Track System against the perpetrators of criminal acts of corruption. The offenders are imposed imprisonment sanctions.
Permasalahan yang dihadapi penegak hukum untuk menjerat tersangka tindak pidana Cyberbullying adalah pembuktian tentang kesalahan terdakwa. Bukti elektronik tidak diakui sebagai alat bukti yang sah dalam KUHAP, namun dalam prakteknya bukti elektronik diakui kesahannya.Rumusan masalah penelitian ini adalah: (1)Bagaimana penanganan Tindak kejahatan mayantara (Cyberbullying)berdasarkan UU.RI.No 11 Tahun 2008 tentang ITE (2) Bagaimanakah pembuktian tindak pidana kejahatan mayantara sesuai dengan hukum yang berlaku di Indonesia? Penulisan ini menggunakan pendekatan normatif dengan metode pendekatan undang-undangan,pendekatan konseptual dan pendekatan kasus. Hasil menunjukkan bahwa: (1) Cyberbullying merupakan kejahatan jenis baru dengan sarana elektronik dan di Indonesia sendiri di masukkan kedalam kategori pencemaran nama baik. Kepastian hukum Cyberbullying ada dalam pasal 27 ayat (3) bukan pada ketentuan pasal 310 KUHP ini berdasarkan Putusan MK.No.50/PUU-VI/2008, Putusan Mahkamah Konstitusi No50-PUU-VI/2008 mempertegas sebuah Kepastian Hukum terhadap ketentuan Cyberbullying. (2) dalam sistem pembuktian tindak pidana Cyberbullying yang masih berpedoman pada KUHAP yang dalam hal ini belum mengakui bukti elektronik sebagai alat ukti yang sah, namun penggunaaan bukti elektronik sebagai alat bukti yang sah masih digunakan dalam beberapa praktik peradilan, di undang-undang khusus agar terciptanya kebenaran secara materii.
One of the most common problems related to land and building tax is where there are citizens who are aware of their obligation to pay taxes by registering their objects, but due to certain circumstances, the taxpayer does not register the tax object he owns. This study aims to find out the regulation of criminal sanctions against taxpayers who do not register land and building tax and to find out the criminal liability of taxpayers who do not register the object of land and building tax. This study uses normative research that starts with an indication of the obscurity of legal norms. The results of this study showed that the provision of sanctions is needed as a form of the last effort to realize the certainty of tax activities going well. Sanctions given can be in the form of administrative sanctions in the form of fines to criminal sanctions in the form of prison or confinement, which can be imposed on taxpayers and related officials. Criminal liability in the field of taxation arises when each taxpayer is indicated to have committed a tax crime. The intended taxpayer is an individual taxpayer or legal entity or corporation. Likewise, it has been regulated that starting from the taxpayer, tax officials/employees, to third parties have their respective criminal liabilities. The legal basis is Law Number 28 of 2007 concerning General Provisions and Tax Procedures. The advice given is the need for strict rules regarding criminal sanctions against land and building tax registration.
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