SOSIALISASI PENCEGAHAN PADEMI CORONA MELALUI CARA HIDUP BERSIH DAN SEHAT DI KALANGAN MASYARAKAT BENTIRING PERMAI KECAMATAN MUARA BANGKAHULU KOTA BENGKULU

COVID-19 membuktikan diri mampu menular antarmanusia. Penularan sangat cepat hingga Organisasi Kesehatan Dunia WHO menetapkan pandemi virus Corona atau COVID-19 . Pandemi atau epidemi global mengindikasikan infeksi COVID-19 yang sangat cepat hingga hampir tak ada negara atau wilayah di dunia yang absen dari virus Corona pemahaman masyarakat dan  pencegahan infeksi virus Corona atau COVID-19  di kalangan masyarakat Kelurahan Bentiring Permai Kecamatan  Muara  Bangkahulu Kota Bengkulu Virus Corona atau severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) adalah virus yang menyerang sistem pernapasan. Penyakit karena infeksi virus ini disebut COVID-19. Virus Corona bisa menyebabkan gangguan ringan pada sistem pernapasan, infeksi paru-paru yang berat, hingga kematian. Terapkan physical distancing, yaitu menjaga jarak minimal 1 meter dari orang lain, dan jangan dulu ke luar rumah kecuali ada keperluan mendesak. Gunakan masker saat beraktivitas di tempat umum atau keramaian, termasuk saat pergi berbelanja bahan makanan. Rutin mencuci tangan dengan air dan sabun atau hand sanitizer yang mengandung alkohol minimal 60%, terutama setelah beraktivitas di luar rumah atau di tempat umum

LIBERALISASI MASYARAKAT EKONOMI ASEAN 2015: APAKAH KITA PERLU HUKUM PIDANA EKONOMI? (LIBERALIZATION AEC 2015: DO WE NEED ECONOMIC CRIMINAL LAW?)

ABSTRACTThe liberalization ofthe Asean Economic Community is a process of economic integration free way to apply the principles of an open economy and market oriented. Liberal economic characteristics such as the free flow of goods, free flow of services, free flow of investment, free flow of capital, and the free flow of skilled labor indicate increasing role of corporations. Based on the reality of the negative impacts of corporate activities to maximize profit without limits, then the economics of criminal law is useful to anticipate corporate crime. To improve the functioning ofthe economic criminal law, then the Criminal Code (ius contituendum) there should be special arrangement of corporate criminal liability as a legal person. Based on the proposed conceptual study conclusions and suggestions for formulating the basic corporate criminal sanctions: the lifting of the deed; revocation of business license; restitution; and fines. While the additional punishment: pecabutan certain rights; deprivation of certaingoods; and publication of the decision of the judge.  Keywords: liberalization, economic, corporate, criminal law.ABSTRAKLiberalisasi Masyarakat Ekonomi Asean merupakan proses integrasi ekonomi bebas hambatan untuk menerapkan prinsip ekonomi terbuka dan ber­orien­tasi pada pasar. Karakteristik ekonomi liberal seperti aliran bebas barang, aliran bebas jasa, aliran bebas investasi, aliran modal yang lebih bebas, dan aliran bebas tenaga kerja terampil mengindikasikan peran kor­porasi makin meningkat. Berdasarkan realitas dampak negatif aktivitas korporasi memak­simalkan profit tanpa batas, maka hukum pidana ekonomi berguna untuk mengantisipasi kejahatan korporat. Untuk meningkatkan fungsi hukum pidana ekonomi, maka dalam KUHP (ius contituendum) harus ada peng­aturan khusus tanggung jawab pidana korporasi sebagai person hukum. Berdasarkan kajian konseptual diajukan simpulan dan saran untuk meru­muskan sanksi pidana pokok korporasi: pencabutan akta; pencabutan izin usaha; restitusi; dan denda. Sedangkan pidana tambahan: pecabutan hak tertentu; perampasan barang tertentu; dan publikasi putusan hakim. Kata Kunci: liberalisasi, ekonomi, korporasi, hukum pidana

PROTECTION OF SELF-DEVELOPMENT RIGHT FOR CONVICTED CRIMINALS IN THE ENVIRONMENT OF CLASS IIA CORRECTIONAL INSTITUTIONS OF BENGKULU

The correctional institutions developing nowadays adopts a penal system that is more educating and fostering. Formerly, correctional institutions adhered to a prison system that was more of a punishment for crimes committed by the criminals. In general, fostering the prisoners aims to make prisoners to be fully human through the strengthening of faith (mental endurance) as well as to foster the prisoners to be able to integrate naturally in prison and in a wider life (community) after serving their convictions. This study on the protection of self-development right for convicted criminals in the environment of class IIA correctional institutions of Bengkulu was an empirical legal research that aimed to find out and to analyze the implementation of protection of self-development right for prisoners as well as to find out and to analyze the obstacles faced in implementing the protection of self-development right for prisoners in the environment of class IIA correctional institutions of Bengkulu. Data sources of this research were primary and secondary data. Data collection methods applied in this study were interviews and documentation. The data processing method used was descriptive qualitative. From the results of the study, it was revealed that: 1) the implementation of the fulfillment of juvenile prisoners’ right to obtain education at the class IIA correctional institutions of Bengkulu had not been fully fulfilled. To fulfill the educational process, there are Program Kejar (Kelompok Belajar/Study Group) of Package A (equivalent to elementary school), Package B (equivalent to junior high school), and Package C (equivalent to high school) as a series of processes for fulfilling the right for education for juvenile prisoners. But the program had not run optimally according to standards set by the government. Most of the juvenile prisoners make self-taught learning; 2) in the implementation of the education process in prisons, there were several factors that become obstacles in its implementation. These factors included the lack of partners to carry out the process of fulfilling the right for education, the facilities available in correctional institutions were inadequate, the limited teaching staffs provided by the local Education Department, lack of supervision on juvenile prisoners if they were pursuing education outside correctional institutions, as well as minimal budget allocations for educational purpose in correctional institutions.

THE ROLES OF BHAYANGKARA OF TRUSTEES OF SECURITY AND PUBLIC ORDER (BHABINKAMTIBMAS) OF THE POLICE OF REPUBLIC OF INDONESIA (POLRI) IN IMPLEMENTATION OF RESTORATIVE JUSTICE AGAINST CRIMINAL OF PRESECUTION IN THE LAW OF THE NORTH BENGKULU POLICE

This study raises issues related to the roles of Bhabinkamtibmas and the constraints of Bhabinkamtibmas in implementing restorative justice against criminal acts of persecution in the North Bengkulu Police. This study aims to find out and analyze what the roles and constraints of Bhabinkamtibmas in implementing the process of restorative justice against criminal acts are. This research is an empirical legal research type from the facts that exist ina society, legal entity or government agency. The results of this study indicate that the existence of Bhabinkamtibmas has helped many Police institutions especially North Bengkulu Resort Police starting from the early detection of criminal acts (pre-emptive functions), the process of preventing criminal acts (preventive functions) and the process of problem solving and law enforcement (repressive functions) one of its role is as a mediator and facilitator inthe process of restorative justice. The constraints or obstacles of Bhabinkamtibmas in carrying out their roles from the internal of the National Police and the personnel of Bhabinkamtibmas itself are related to knowledge, skills and ethics as well as external constraints such as the lack of a legal culture or response from the public and the absence of positive laws governing. The results of this study suggest that it needs legal reforms that accommodate the process of restorative justice in order to improve the legal culture and effectiveness of criminal law enforcement in Indonesia

THE ROLE OF THE POLICE AS MEDIATORS IN RESOLVING CRIMINAL CASES OF DOMESTIC PHYSICAL VIOLENCE THROUGH RESTORATIVE JUSTICE IN THE JURISDICTION OF THE BENGKULU CITY RESORT POLICE

Based on the data obtained in the resolution of criminal cases involving domestic physical violence through the restorative justice approach in the jurisdiction of the Bengkulu City Resort Police from 2019 to 2021, it has not been able to function optimally. This condition is because the police, particularly the investigators, await a settlement agreement between the parties involved and the withdrawal of complaints by the complainants. This condition raises the question of how the resolution through a restorative justice-based approach, carried out by the police as mediators, can be the best solution for resolving cases involving the parties through a restorative justice approach. This reason is what motivated the author to conduct this research. The methodology employed is empirical legal research, utilizing primary and secondary data. The data was analyzed qualitatively through a juridical lens, leading to inductive conclusions. Based on the results of this research, the following findings emerge: (1). The concept of restorative justice is employed in handling criminal cases with an emphasis on the integration of perpetrators, victims, and the community as a whole, seeking to find solutions and restore a positive relationship between the perpetrator of the criminal act. (2). The role of the police as mediators has yet to be optimally executed, primarily due to concerns and suspicions from the involved parties regarding potential bias by the police towards one party. Internally, the police have established regulations, such as the Telegram Letter from the Head of the Criminal Investigation Division Number S.T./583/VIII/2012 dated August 8, 2012. (3). Investigator's considerations as mediators in using the restorative justice-based approach to resolvedomestic physical violence within the  jurisdiction of the Bengkulu Resort Police include the submission of peace agreements by both the victim and the perpetrator. This consideration is especially relevant in cases of minor physical violence, where the victim does not wish to prolong the case, and the interests of the victim in domestic violence are accommodated Keywords : Police Role, Mediator, Restorative Justice, Domestic Violenc

POLICE APPARATUS ROLE IN DETERMINING THE PERPETRATORS’ RESPONSIBILITY FOR DESTRUCTION OF GOODS CONDUCTED BY COMMUNITY (IN CASE OF TRAFFIC ACCIDENTS IN KAUR)

On Sunday of August 2nd, 2015 in Tanjung Harapan highway, Semidang Gumay District of Kaur Regency there has been a vigilantism (Eigenrichting) in the form of destruction and burning of one (1) unit of car that carried out jointly by the community, but until the study was conducted, there has been no follow-up for perpetrators of the destruction and burning of the car, so it raises the question whether the actions taken by community in Tanjung Harapan Village cannot be prosecuted. The purpose of this study was to determine how the role of Police Apparatus in determining the responsibility of perpetrators for destruction and burning of the car. The results showed that the role of Police in determining the responsibility of perpetrators for destruction of goods conducted by community was as the investigators in that case, and must make a report of criminal acts as referred to Article 6 Paragraph (1) and Paragraph (2) of   Head of the Indonesian Police (PERKAP) Number 12 of 2009, then these reports provide a basis for investigation in accordance with the provisions laid down in the Criminal Code. Police as investigators may use Article 406 Paragraph (1) and Article 170 of the Criminal Code as a chapter of suspicion in the investigation process against the destruction of goods conducted jointly by the members of the community in Tanjung Harapan Village of Kaur Regency

PERAN PENYIDIK SUBDIT FISMONDEV DALAM PENYELESAIAN TINDAK PIDANA PERBANKAN PT BPRS SAFIR BENGKULU

Tindak pidana perbankan merupakan tindak pidana khusus yang di tangani oleh Subdit Fismondev  Polda Bengkulu. Penyidik Subdit Fismondev telah melakukan  penyelesaian terhadap kasus PT BPRS Safir Bengkulu, yang dalam penyelesaiannya terdapat beberapa hambatan. Melalui Undang-Undang Republik Indonesia Nomor  21 Tahun 2008 tentang Perbankan Syariah pemerintah Republik Indonesia telah serius dalam menangulangi kejahatan perbankan syariah, dengan adanya Undang-Undang ini maka dapat dijadikan landasan Penyidik  Subdit Fismondev Bengkulu dalam melakukan peran penyelesaian tindak pidana perbankan di Polda Bengkulu. Tujuan penelitian ini adalah untuk mengetahui bagaimana peranan penyidik Subdit Fismondev Polda Bengkulu dalam melakukan peran penyelesaian tindak pidana perbankan pada PT BPRS Safir Bengkulu dan upaya mengatasi hambatan yang terjadi pada penyelesaian tindak pidana perbankan pada PT BPRS Safir Bengkulu. Penelitian ini adalah penelitian hukum empiris atau Law in action, penelitian ini menggunakan data primer dan data sekunder yang diperoleh melalui wawancara langsung maupun studi dokumen. Data yang diperoleh akan diolah dengan teknik editing kemudian dianalisis dengan metode analisis kualitatif. Hasil penelitian menunjukkan bahwa peran penyidik Subdit Fismondev melakukan peran penyelesaian tindak pidana perbankan di Polda Bengkulu belum berperan secara maksimal terlihat dari beberapa hambatan yang dihadapi penyidik dalam melakukan penyidikan. Upaya Penyidik Subdit Fismondev dalam menanggulangi hambatan yang terjadi pada penyelesaian tindak pidana perbankan adalah dengan menggunakan dokumen yang ada dan berhubungan untuk memback-up dokumen-dokumen yang tidak ditemukan. melakukan koordinasi kepada pihak Otoritas Jasa Keuangan (OJK) dan melakukan pelatihan dan penambahan personil guna meningkatkan kemampuan penyidik Subdit Fismondev terhadap tindak pidana perbankan

OPPORTUNITIES FOR IMPLEMENTING THE PRINCIPLE OF STRICT LIABILITY AS A BASIS FOR CORPORATE CRIMINAL RESPONSIBILITY IN ENVIRONMENTAL OFFENSES

Implicitly, the provisions in the Environmental Protection and Management Law (henceforth UUPPLH- Undang-Undang tentang Perlindungan dan Pengelolaan Lingkungan Hidup) regarding the principle of strict liability, as stated in Article 88 and its explanation, only regulate strict liability as a civil responsibility. The UUPPLH does not provide provisions on whether the principle of strict liability can be applied as a model for criminal liability, particularly for legal entities or corporations recognized as legal subjects in criminal law (rechtperson). This research aims to analyze and examine the implementation of the principle of strict liability in the UUPPLH and to analyze that violations of environmental offenses under the UUPPLH by corporate legal subjects can be subjected to strict liability as criminal responsibility. The criminal responsibility adopted by Law Number 32 of 2009 concerning Environmental Protection and Management still adheres to the principle of fault. Therefore, in applying the strict liability principle in court, it is only used for civil claims, and its use in criminal law enforcement is minimal, as evidenced by several court decisions. In conventional criminal law, criminal liability is based on fault, commonly known as the principle of no punishment without fault (geen straf zonder schuld). However, the principle of strict liability, as liability without fault, is also recognized as a fundamental principle in criminal responsibility

The Efforts Of Bengkulu Regional Police Investigators In Determining Corruption Suspects For Soybean Seed Procurement At Department Of Agriculture Of Bengkulu Province For Fiscal Year 2016

Bengkulu Regional Police Investigators carried out their efforts by conducting investigations to determine suspects from state financial losses arising from the disbursement of advances for the work of procuring soybean seeds at the Department of Agriculture of Bengkulu Province for Fiscal Year 2016. The investigation was done because the work on procurement of goods and services had not been completed, but state finances had already been loss, although the control and supervision activities were under the authority of PPK (the Commitment Making Officer), in this case, KPA (the Budget User Authority) still involved itself. This research was empirical juridical research with descriptive research type. Sources of data applied were primary and secondary data. Data processing was carried out using the editing method, then data analysis was using qualitative analysis methods, by means of inductive-deductive thinking or vice versa. The purpose of this study was to find out the efforts of Bengkulu Regional Police investigators in determining suspects and the juridical basis of investigators in determining the suspects of corruption in the procurement of soybean seeds at the Department of Agriculture of Bengkulu Province for Fiscal Year 2016. The results of this study indicated that: (1) The Efforts of Bengkulu Regional Police Investigators in determining the suspect of corruption in the procurement of soybean seeds by examining witnesses, which was a team of directors from the Department of Agriculture of Bengkulu Province and the implementing parties, as well as witnesses involved in carrying out the work, conducting inspections and confiscation of documents, and finally asking for information from experts. (2) The investigators' juridical basis in determining 3 (three) suspects; the Budget User Authority (KPA) who also served as the Head of the Department of Agriculture of Bengkulu Province, the Commitment Making Officer (PPK), and the Deputy Executive Director of corruption activities in the procurement of soybean seeds at the Department of Agriculture of Bengkulu Province for the 2016 Fiscal Year, was applying Article 3 of the Law of the Republic of Indonesia Number 31 of 1999 as amended by the Law of the Republic of Indonesia Number 20 of 2001 concerning the Eradication of Criminal Acts of Corruption.

THE EFFECT OF E-TICKET SANCTION ON CHANGE OF CHILDREN BEHAVIOR ON THE CASE OF TRAFFIC LAW VIOLATION IN BENGKULU CITY

This analysis aims to provide a description so that children and parents know about the E-Ticketing regulations in traffic law. Describing E-ticketing can influence parents to prevent children from violating traffic laws in using motorized vehicles. The method used in this study was an empirical legal research method with the sociological juridical research approach. In this study, the data used were primary and secondary data. Then the data were analyzed qualitatively by means of deductive-inductive thinking. From the results of the research conducted by the writer, it can be concluded that: (1) There are several factors behind the children committing traffic violations, namely as follows: (a) the lack of children’s knowledge of traffic rules. In most cases, the children did not have a driving license, therefore they did not have enough understanding regarding the applicable traffic rules, and (b) the lack of supervision and ignorance of parents so that they allow, even facilitate, children to use motorized vehicles, this is also a major factor in the increase in traffic violations and accidents by children in Bengkulu City. (2) With the implementation of E-Ticket sanction with a maximum fine, Investigators at the Directorate of Traffic of Bengkulu Police Department have carried out their roles properly and have been in accordance with the SOPs (Standard Operating Procedures). Moreover, they also have carried out their functions as maintainers of Security, Safety, Order, and Traffic Smoothness. Thus they can take action against traffic violations by children as a whole. Furthermore, from the process of taking action against violations by using the E-Ticketing, besides being able to reduce the number of traffic violations by children, parents can also take on the role of supervisors and mentors for their children, so that parents are able to change the behavior of children to be more aware of traffic laws at a later time