Proceeding of International Conference on The Law Development For Public Welfare
This International Conference is a routine activity held by the Master of Law Program, Faculty of Law, Sultan Agung Islamic University (UNISSULA), every June, in order to provide discussion of thoughts and research results related to the development and thinking of legal science. This conference aims to bring together researchers, academics, scientists, students, and practitioners to participate and present their thoughts and latest research findings related to the role of law as a means of protecting human rights in the realization of public welfare.
ONLINE PROSTITUTION CRIMINAL ENFORCEMENT
The purpose of this study is to find out and analyze the law enforcement of online prostitution. To find out and analyze the factors that cause the practice of online prostitution. To find out and analyze the obstacles and solutions in law enforcement of online prostitution. This research uses an empirical juridical approach method, with descriptive analysis research specifications. The data used in this study is secondary data obtained through literature study. The results of this study are the Law Enforcement of the Crime of Online Prostitution is that the perpetrators can be sentenced to Article 296 and Article 506 of the Criminal Code, Article 27 in conjunction with Article 45 of Law No. 11 of 2008 in conjunction with Law No. 19 of 2016 concerning information and electronic transactions and Article 4 in conjunction with Article 30 of Law No. 44 of 2008 concerning pornography. The factors that cause the practice of online prostitution are as follows: lifestyle factors, economic factors, low education factors, misused technological advances, environmental factors, promiscuity, and lack of parental supervision. The obstacles are that the community's legal awareness is not optimal, there are limitations in facilities and infrastructure, very few cases have reached trial. The solution is to build partnerships with the wider community, improve facilities and facilities. Keywords: Law Enforcement, Crime, Online Prostitution
The Implementation of the Prosecution’s Terimination on Criminal Acts fo Torture in a Restorative Justice Perspective
A criminal act is an unlawful act committed by a person and deserves to be punished according to his mistake as formulated in the Act. The sense of justice that is expected from law enforcement has not been enjoyed by the people in this country. Moreover, as is known, the criminal justice system in Indonesia does not regulate many victims. So it can be concluded that the principle of Restorative Justice is a choice in designing a country's legal system. This legal writing uses a sociological juridical approach with descriptive research type to present a complete picture by describing a number of variables related to the problem under study. The data used are primary data and secondary data. Methods of data collection is done by literature study and interviews. The data analysis method used is qualitative analysis. The results showed that the application of the principle of Restorative Justice in the Pemalang District Attorney's Office based on the Prosecutor's Regulation No. 15 of 2020 had been applied, where in this application the Prosecutor's Office prioritized restorative efforts in cases of persecution. For the obstacles faced in the application of Restorative Justice, among others, in the prosecutor's regulation itself there is no information about what parameters the public prosecutor uses in deciding a criminal case, families who do not want to forgive the perpetrators' mistakes and understanding of the implementation of the Restorative Justice approach. Efforts have been made to socialize the regulations by the prosecutor's office to the public so that the public understands the rules and restorative approaches, as well as the application of the Attorney General's Regulation No. 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice, which must be more efficient and not go through too many processes. Keywords: Prosecution’s Terimination, Criminal Acts fo Torture, Restorative Justice.
Copyright (c) 2022 Helmi Afif Bayu Prakasa
Policy For The Implementation Of Criminal Sanctions Against Criminal Activities Of Narcotics And Psychotropics In The Jurisdiction Of Central Java
The purpose of this study is to analyze the policy of applying criminal sanctions against perpetrators of narcotics and psychotropic crimes in the jurisdiction of Central Java, policies of implementing criminal sanctions against perpetrators of narcotics and psychotropic crimes in Indonesia, as well as policies for implementing criminal sanctions against perpetrators of narcotics and psychotropic crimes in the future. This study uses a sociological juridical approach which in this case relates to the enforcement of prison sanctions against narcotics criminals in the jurisdiction of Central Java, in Indonesia in general, and in the future, using descriptive analytical research specifications. The data used are primary and secondary data which will be analyzed qualitatively. The research problem was analyzed using the theory of justice and the theory of expediency. The results of the study concluded that: 1) The policy of implementing criminal sanctions against narcotics and psychotropic criminals in the jurisdiction of Central Java is the enactment of Law Number 35 of 2009 concerning Narcotics which has a tendency to up, both producers, distributors, consumers. This law uses a criminal approach to monitor and prevent narcotics abuse. 2) The policy of implementing criminal sanctions against narcotics and psychotropic criminals in Indonesia is Law Number 35 of 2009 concerning Narcotics which has regulated fairly severe criminal sanctions against narcotics criminals, but in fact the circulation and use of narcotics is increasing and expanding. This is due to the absence of a deterrent effect on the perpetrators or the absence of a deterrent effect on the perpetrators of narcotics crimes. Efforts to tackle criminal acts are a reaction given to criminals, namely in the form of criminal means (penal) and non-criminal law (non-penal), which can be integrated with one another. 3) The policy of implementing criminal sanctions against narcotics and psychotropic criminals in the future is that the purpose of criminal law is to protect the community against crime, meaning that the public needs to obtain clear, implied, and enforceable protection of what penalties can be imposed on violators of good order. namely in the form of criminal means (penal) and non-criminal law (non-penal), which can be integrated with one another. 3) The policy of implementing criminal sanctions against narcotics and psychotropic criminals in the future is that the purpose of criminal law is to protect the community against crime, meaning that the public needs to obtain clear, implied, and enforceable protection of what penalties can be imposed on violators of good order. namely in the form of criminal means (penal) and non-criminal law (non-penal), which can be integrated with one another. 3) The policy of implementing criminal sanctions against narcotics and psychotropic criminals in the future is that the purpose of criminal law is to protect the community against crime, meaning that the public needs to obtain clear, implied, and enforceable protection of what penalties can be imposed on violators of good order.
Duties and Functions of Corporate Centers in Supervision and Guidance of Corporate Clients
This study aims to determine the duties and functions of the Correctional Center in supervising and guiding correctional clients based on Law Number 22 of 2022. This research was carried out in the City of Semarang, Central Java by selecting the relevant agency with the problem in this journal, namely the Class I Correctional Center Semarang. By using a research method in the form of a sociological juridical method. The research specifications used are analytical descriptive. The data sources are obtained from primary data sources and secondary data with data collection carried out by means of field studies by conducting interviews supported by literature studies. From the research conducted, the authors get the following results, Supervision and guidance of correctional clients is the duty and function of the Correctional Center based on Law number 22 of 2022 in order to aim for correctional clients to be able to integrate healthily with the community, so that they can play a role. Return as a free and responsible member of society. The implementation of the duties and functions of supervision and guidance is carried out by the Community Counselor as one of the functional officials under the Head of the Correctional Center.
Copyright (c) 2022 Hanggamurti Putri Utami
Policy Of The Role Of The Prosecutor Against Criminal Actions Of Criminal Acts Of Criminal Law In The Renewal Of Criminal Law (Case Study On The State Prosecutor Of Pekalongan City)
The handling of narcotics cases tends to the perpetrators who are thrown into prison by the state who are still addicted to narcotics, this then makes the handling of narcotics offenders who are placed in detention inappropriate and ineffective and prevents narcotics. The policy of the role of the prosecutor as one of the important elements in the criminal justice system occupies a very important role in carrying out their duties and authorities in order to carry out law enforcement, namely the prosecution of narcotics crime cases in court, it is deemed important to conduct research on "Policy on the Role of the Prosecutor against Perpetrators of Category I Narcotics Crimes in Criminal Law Renewal (Case Study at the Pekalongan City Public Prosecutor's Office)". This research is normative and descriptive analysis. The legal theory used in this research is the theory of the criminal justice system, law enforcement, and the purpose of the law. The data used is secondary data which can consist of primary legal materials, secondary legal materials, and tertiary legal materials. The data collection technique is library research (library research). Data analysis is qualitative. In the enforcement of criminal law, reforms are needed in terms of renewal of criminal material, formal criminal law and the implementation of criminal reform. Reforms that are carried out through a set of elements can result in an act with the concept of the Draft Criminal Code which has just adopted the law as the main source of law, which is the Law, but expands the formulation of material laws that live in society. Furthermore, in formal reforms that expand with firm accountability and replacement of responsibility, implementation of reforms in criminal matters, punishments are applied which are formulated with the aim of punishment, namely community protection and protection. Criminal prosecution of narcotics perpetrators and criminal provisions against drug abusers must be prioritized in terms of treatment and care, rather than being immediately convicted and placed in prison. The goal is to prevent and eradicate illicit trafficking, to make it happen, it must first eliminate the effects of dependence that exist on drug addicts.
Copyright (c) 2022 M. Sone Ridho Raharjo
Handling of Traffic Accident Cases For Children
The aims of this study are as follows: To find out and analyze the handling of traffic accident cases for child offenders. To find out and analyze factors that can hinder the processhandling cases of traffic accidents for child offenders and their solutions.The method used by the researcher isnormative legal approachandThe specifications in this study are descriptive analytical.The sources and types of secondary data are obtained from library studies. Based on the results of the study thatHandling of Traffic Accident Cases for Child Perpetrators is carried out by diversionby presenting children and their parents/guardians, village heads, community leaders. The Diversion Deliberation is led by the Investigator as a facilitator. The investigator presented a brief description of the case file of the accident case carried out by the child to be known by all parties present at the Diversion meeting. Furthermore, the Community Counselor conveys the results of the Community Research on the condition of the child's family and social background to be taken into account with the Diversion participants in making decisions. Factors that can hinder the processhandling cases of traffic accidents for child offenders, namely:Internal factors in the form of public understanding of the transfer, thoughts between victims and parties in conflict with the law to reach an agreement. External factors are different understandings in dealing with children in conflict with the law among law enforcement officers. The solution is: The internal effort is to conduct socialization about diversion among the community, an effort to unite the thoughts between victims and children who are in conflict with the law to reach an agreement. The external effort is to build intensive communication with other law enforcement officers.
Juridical Analysis of Death Criminal Sanctions against Criminal Acts of Corruption in Indonesia And According To Islamic Criminal Law
The author reviews the laws and regulations concerning the death penalty for perpetrators of corruption in Article 2 paragraph (2) of Law Number 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption. In the research as the researcher did, the researcher discusses the laws and regulations regarding the death penalty for perpetrators of criminal acts of corruption in Article 2 paragraph (2) of Law Number 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning Eradication of Criminal Acts of Corruption, as well as Islamic views on this matter and in the future renewal of Indonesian law. This study uses a normative juridical approach. Based on the results of the study, conclusions were obtained, namely: First, the application of the death penalty for perpetrators of corruption has been regulated in Article 2 paragraph (2) of Law Number 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning Eradication of Corruption Crimes. Second, the death penalty for perpetrators of corruption in Islam can be applied because it is based on ta'zir punishment which is very dependent on the demands of benefit. Implementing the death penalty for perpetrators of criminal acts of corruption is legitimate considering that Islam classifies it to the application of ta'zir. Third, criminal law reform is essentially an effort to review and reassess ("reorientation and re-evaluation") sociopolitical, socio philosophical.
Copyright (c) 2022 Rahma Nindita Nurul Faaza
The Role of Volunteers Assistant in Accompanying Children Victims of Sexual Violence in Women and Children Information Service Unit (UPIPA) Wonosobo District
This study aims to determine and analyze the role of Volunteer Assistance in assisting child victims of sexual violence in the Women and Children Information Service Unit (UPIPA) Wonosobo Regency, to find out and analyze the supporting and inhibiting factors in the implementation of mentoring children victims of sexual violence in the Information Service Unit. Women and Children (UPIPA) Wonosobo Regency, To find out and analyze the impact of the implementation of assistance for children who are victims of sexual violence. at the Women and Children Information Service Unit (UPIPA) Wonosobo Regency. The approach method used in this study is a sociological juridical approach, that is a method of procedure used to solve research problems by examining secondary data first and then proceeding with conducting research on primary data in the field. The specifications used in this study are descriptive analytical because this research is expected to obtain a clear, detailed and systematic picture, while it is said to be analytical because the data obtained will be analyzed for solving problems in accordance with applicable legal provisions. The results of this research are expected that we will know the role of Volunteer Assistance in assisting child victims of sexual violence in the Women and Children Protection Unit (UPIPA) of Wonosobo Regency, the factors that support and hinder the implementation of assistance to child victims of sexual violence in the Women and Children Protection Unit (Women and Children Protection Unit). UPIPA) Wonosobo Regency, as well as the impact of the implementation of assistance for child victims of sexual violence in the Women and Children Protection Unit (UPIPA) Wonosobo Regency
Analysis of Judge's Decision In Deciding Case Of Children Who Criminate Narcotics
Children are a gift from Allah SWT which is expected by every prospective parent, Children are also part of the younger generation, one of the human resources who are potential and successors to the ideals of the nation's struggle, which have a strategic role and have special characteristics and characteristics, requiring guidance and protection. in the context of complete, harmonious, harmonious and balanced physical, mental and social growth and development. Prior to the enactment of Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection, basically children with problems were categorized in terms of juvenile delinquency, which refers to Law Number 3 of 1997 concerning Juvenile Court. Currently almost all children are in conflict with the law, especially those brought to the Criminal Justice system, judges still impose criminal penalties, that includes deprivation of liberty. If children are in prison, many of their rights guaranteed by the Child Protection Act are not fulfilled. In addition, with the limited number of detention centers and prisons for children, children are often combined with adult prisoners. The regulation of narcotics crime is expressly regulated in Law No. 35 of 2009. The form of the sentencing process for the defendant's case in the criminal justice system is expressly regulated in Law No. 11 of 2012 concerning the Juvenile Criminal Justice System. The judge in this case has applied the articles contained in the Juvenile Criminal Justice System. In addition, the application of criminal sanctions in the case of a child defendant in this case is in accordance with imposing a prison sentence on a child, because no justification and forgiving reasons have been found. so that the child defendant must be held accountable for his actions. This is also in accordance with the theory of punishment, namely the theory of deterrence.
Copyright (c) 2022 Mohamad Azwar Fikri Muttaqien
Law Enforcement against the Crime of Rejecting the Body of Covid -19 in Banyumas Regency
The funeral process for Coivid-19 victims in Banyumas Regency was rejected by the community at several burial locations. Until the Banyumas regent together with the Banyumas Police Chief went directly to the field to oversee the funeral process.This research is intended to examinelaw enforcement against the criminal act of rejecting the corpse of Covid -19 in Banyumas Regency, as well aswhat are the obstacles to law enforcement against the crime of rejecting the bodies of Covid -19 in Banyumas Regency and building law enforcement constructions against the crime of rejecting the bodies of Covid -19 in the future.The method used in this study is the sociological empirical juridical approach. The results of this study are: (1) law enforcement against the criminal act of rejecting the corpse of Covid -19 in Banyumas Regency ,Law Enforcement Against the Crime of Rejecting the Body of Covid -19 in Banyumas Regency is carried out with a series of tRepressive actions are actions taken by law enforcement officials after a criminal act has occurred in the form of investigation, prosecution and proof at trial.(2)obstaclelaw enforcement against the criminal act of rejecting the corpse of covid -19 in banyumas district,(3)construction of law enforcement against the criminal act of rejecting the corpse of covid -19 in the futureThe law certainly does not work in a vacuum, which is why in reality law is an integrating factor in society. Law as an instrument of regulation or social control, of course, must undergo a long process and involve various different activities in society. Likewise, law enforcement must pay attention to the situation, condition, time and place.
Implementation Of Deposit Rights In Sharia Banking
This research examines the "Implementation of Mortgage Execution in Islamic Banks" with 2 (two) problems, namely: Backgroundbehind Sharia Banks carry out the execution of mortgage rights using the legal basis of Law No. 4 of 1996 concerning Mortgage? Has the execution of mortgage rights at Banjarnegara Syariah Bank been able to provide justice and legal certainty for the parties and in accordance with sharia principles? Â To discuss these problems, empirical normative legal research is carried out. The implications of this research are 1) So that the Sharia Supervisory Board (DPS) more intensely supervises Islamic financial institutions under their supervision, 2) So that the Financial Services Authority (OJK) more intensely supervises Islamic financial institutions under their supervision, 3) So that settlement of disputes on the execution of Mortgage Rights in Islamic Banks in particular and Islamic Financial Institutions in general does not conflict with the basic principles of Islamic economics, 4) In order to guarantee legal certainty for parties entering into agreements with mortgage rights.
Criminal Aspects In The Culpa Case Causing The Victims' Death In The Scope Of Traffic
Destination inwritingthis is to examine and analyze the substance of the criminal aspects of traffic law products in regulating acts of negligence (culpa) which caused the victim's death. In this writing, the writer uses a normative juridical method with research specifications in the form of descriptive analysis. Based on the discussion, it was concluded that the enactment of Law Number 22 of 2009 concerning Road Traffic and Transportation made Article 359 of the Criminal Code no longer used in the application of sanctions for traffic negligence which caused the loss of other people's lives. This is in accordance with the use of the principle, namely the principle of Lex Specialis Derogat Legi Generalis which means that the principle of legal interpretation states that specific laws override general laws. Law Number 22 of 2009 concerning Road Traffic and Transportation contains high criminal provisions. The article relating to traffic negligence that causes the loss of other people's lives is Article 310 paragraph 4, namely "in the case of an accident as referred to in paragraph 3 which results in the death of another person shall be subject to imprisonment for a maximum of 6 (six) years and/or a fine of a maximum of Rp. 12,000,000.00 (twelve million rupiahs)".
Criminal Accountability For Actors Of Criminal Actions
The objectives in this study are:To study and ffactors that cause driver negligence that causes traffic accidentsTo study and analyze criminal responsibility for the perpetrators of past crimes.The method used by researchers isnormative legal approachandspecifications in this study are includeddescriptive. As for the sources and types of secondary data obtained from literature studies. Based on the results of that researchFactors Causing Driver Negligence Causing Traffic Accidents are the human factor,This happens because of the driver's carelessness or negligence in driving his vehicle, the driver's carelessness often causes traffic accidents that result in death. Environmental factors, pthere was a traffic accident around the scene when the lights went out because the power went out and it didn't turn on so the suspect saw clearly the glare of the lights, there was a motorcycle vehicle, he didn't know it was coming from the opposite direction. Criminal Liability for the Perpetrators of Laka Crimes Then is regulated in Article 310 paragraph (4) of Law no. 22 of 2009 concerning Road Traffic and Transportation and Article 312 of Law no. 22 of 2009 concerning Road Traffic and Transportation as well as Law Number 8 of 1981 concerning Criminal Procedure Code and other laws and regulations related to this case sentenced the Defendant to imprisonment for 2 (two) years.
Law Enforcement On Circulation Of Traditional Drug That Does Not Have A Distribution Permit At The Investigation Level
The purpose of this research is to find out and analyzeLaw enforcementIn the Circulation of Traditional Medicines That Do not Have a Circulation Permit at the Investigation Level. To find out and analyze the constraintsLaw enforcementOn the Circulation of Traditional Medicines That Do not Have a Circulation Permit at the Investigation Level and the solution. This study uses a normative juridical approach method, with descriptive research specifications. The data used in this research is secondary dataobtained from literature study.The results of this study are Law Enforcement on the Circulation of Traditional Medicines That Do not Have a Marketing Permit at the Investigation Levelstill felt less than optimal, even though in substance or the law has regulated the perpetrators of the crime of distributing traditional medicines as regulated in Article 179 of the Health Law with a maximum penalty of 15 years and 1.5 billion, law enforcement officials rarely apply the provisions of Article 197. Health Act.Internal constraints: the raid leaked the operational targets of the raid, knew that a raid would be held, the costs incurred as a result of eradicating and overcoming the illegal distribution of drugs. External obstacles occur if the community around the location does not provide good support to the Narcotics Satres, the community does not want to participate and even hides information when we (Satres Narkoba) conduct investigations and investigations. The efforts are: pre-emptive efforts: conducting religious studies in collaboration with the community and installing banners to eliminate someone's intention to commit a crime. Preventive Efforts: conducting socialization, counseling, and raids. Repressive efforts (actions) include; Investigation and investigation, arrest, rehabilitation of perpetrators of criminal acts of trafficking in traditional drugs.
The Authority of the Village Head in Appointing Village Apparatus in Pekalongan Regency
This study aims to examine and analyse The authority of the village headman in the appoint of the apparatus based on village autonomy. This study is a sociological juridical approach, namely the analysis of the application of legislation with qualitative research methods. The sources and types of data in this study consist of primary data and secondary data. The data were analyzed using autonomy theory, authority theory, and government system theory. The results of this study indicate that The Village Headman has attributive authority to appoint Village Apparatus based on Village autonomy as outlined in Law Number 6 of 2014. Â
Law Enforcement Against the Crime of Embezzlement of Fiduciary Guarantees
This research hasthe purpose of reviewing and knowing the process of investigation, investigation and obstacles as well as solutions in the process of law enforcement of fiduciary crimes. This study uses a sociological juridical approach, because in this study it identifies and conceptualizes law as a real and functional social institution in real life. Based on the research, it can be concluded that in the process of law enforcement the criminal act of embezzlement of fiduciary guarantees in today's developments is affected by the community's need for motorized vehicles more and more and more and more unlimited. For example, financial institutions (banks, leasing, etc.) these financial institutions have a very large role in meeting human needs by way of credit or installments.
The Implementation Of Diversion Policy In The Criminal Judgment System Of Child As A Criminal Actor
The purpose of this study is to examine and analyze the policy of implementing diversion in the juvenile criminal justice system as criminals in the current positive law and to examine and analyze the policy of implementing diversion in the juvenile criminal justice system as perpetrators of criminal acts in the criminal law reform that will be implemented. in the future. This study uses a sociological juridical approach, with a descriptive analytical research method. The data used are primary and secondary data which will be analyzed qualitatively. The research problem was analyzed using the theory of justice and the theory of expediency. The results of the study concluded that the diversion policy in handling criminal acts committed by children through a family deliberation process where this family deliberation was chosen in resolving criminal cases committed by children was intended to resolve cases of children through deliberation involving the perpetrator's family and the victim's family facilitated by facilitator from a neutral party in order to obtain agreement from both parties. The application has not been fair because all juvenile criminal cases have not all been diverted. Diversion policy in the future is consistency in carrying out diversion efforts or diversion is a mechanism that allows children to be diverted from the social service process, prioritized, because the involvement of children in the judicial process has actually undergone a stigmatization process. The application of this mechanism at all levels of examination will greatly reduce the negative impact of children's involvement in the judicial process. Child investigation is a starting point that affects a child's personality, he can be good or vice versa, therefore, it is necessary to have a synergy between the police, prosecutors, and courts in serving and handling children. because the involvement of children in the judicial process has actually undergone a stigmatization process. The application of this mechanism at all levels of examination will greatly reduce the negative impact of children's involvement in the judicial process. Child investigation is a starting point that affects a child's personality, he can be good or vice versa, therefore, it is necessary to have a synergy between the police, prosecutors, and courts in serving and handling children. because the involvement of children in the judicial process has actually undergone a stigmatization process. The application of this mechanism at all levels of examination will greatly reduce the negative impact of children's involvement in the judicial process. Child investigation is a starting point that affects a child's personality, he can be good or vice versa, therefore, it is necessary to have a synergy between the police, prosecutors, and courts in serving and handling children.
Overview Of Islamic Law On Practice Appointment Of Children Out Of Marriage To Meet The Welfare Of Children (Case Study No. 82/Pdt.P/2021 Religious Court of Ambarawa, Semarang Regency)
The purpose of this researchto find out and analyze the process of implementing Islamic law child adoption, to find out and analyze the legal consequences of the adoption process and to find out and analyze the review of Islamic law on child adoption (adoption) outside of marriage. The research problem was analyzed with the theory of the operation of law in society and the theory of justice. The approach method used is the normative juridical and sociological juridical method, the specifications in the research are analytical descriptive, the population and sampling method are all objects or all symptoms or all events or all units to be studied, data collection techniques using library research and interviews, data analysis used is qualitative. In the analysis of the problem using the theory of the workings of law in society and the theory of justice. Research result:The enactment of Law Number 3 of 2006 concerning Religious Courts has brought fundamental changes to the authority of the Religious Courts. One of the changes is the case of adoption, including the new authority of the religious court as stipulated in the Elucidation of Article 49 Letter a number 20. This affirmation, on the one hand, shows the recognition from the state of the existence of the institution of adoption in the perspective of Islamic law. On the other hand, at the same time dismissing the doubts of the Muslim community and practitioners of the Religious Courts law to take advantage of the institution. Based on the Islamic concept, the adoption of a child should not break the lineage between the child and his biological parents. This later relates to the inheritance and marriage system.The review of Islamic law on child adoption (adoption) outside of marriage is that Islam allows adoption of children by prioritizing the welfare of children, especially neglected children, that in Islam adoption of children is to transfer responsibility for maintenance of living expenses, education, religious guidance and so on from other people. original parents to adoptive parents without having to cut off nasab relations with the original parents and that for children whose parents are Muslim, adoption can only be carried out by people who are Muslim as well as the fatwa of the Indonesian Ulema Council Number U-335/MUI/VI/ 1982 dated 18 Sha'ban 1402 H coincided with June 10, 1982.
Legal Protection of Children as Perpetrators of the Crime of Theft (Case Study Decision Number 2/Pid.Sus – Anak/2022 PN.Kds)
The research entitled "Legal Protection of Children as Perpetrators of the Crime of Theft (Case Study Decision Number 2/Pid.Sus – Anak/2022 PN.Kds)" aims to find out how the Legal Protection of Children in Conflict with the Law (ABH), so that in the process of criminal acts of children requires responsibility by the State, Government, Regional Government and the Community for the implementation of Child Protection. Where the State, Government, Regional Government and Society are obliged and responsible for respecting the fulfillment of Children's Rights without distinction of ethnicity, religion, race, class, gender, and so on based on Article 21 of Law Number 35 of 2014 concerning Amendments to the Law. Number 23 of 2002 concerning Child Protection. This study uses an empirical juridical approach, which is an approach to problems regarding juridical matters and the existing reality regarding juridical matters. The research conducted is a study of the legal protection of children as perpetrators of the crime of theft in interviews with parties related to the problem being studied. Based on this method, the research resulted in principal (1) in the regulation of the form of legal protection against children as perpetrators of the crime of theft following the rules in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, (2) the basis of judges' considerations in deciding cases against children as Perpetrators of the Crime of Theft, where in the trial the judge considered that before imposing a sentence on the defendant, it was necessary to consider aggravating things and mitigating things for the defendant, (3) Obstacles to Legal Protection of Children as Perpetrators of the Crime of Theft where these obstacles colliding with the provisions regarding the limitation of the threat of an article with a criminal under 7 years as a condition for Diversion in the Juvenile Criminal Justice System, is a weakness that can hinder the occurrence of diversion and limit the perpetrators and victims from being able to do diversion, thus diversion should not be limited on the basis of criminal threats a, but rather as a right and freedom between the victim and the perpetrator to diversify or reject it, as a solution to the weakness of the diversion requirement. Keywords: Legal Protection, Children as Criminal Actors, Child Protection
Copyright (c) 2022 Afrian Maulana Syaputra
ELECTRONIC TRAFFIC LAW ENFORCEMENT-BASED LAW ENFORCEMENT REGARDING TRAFFIC BREAKS
The objectives of this study are: To find out and analyze the implementation of law enforcement regarding traffic violations based on electronic traffic law enforcement. To find out and analyze the obstacles of law enforcement officers regarding traffic violations based on electronic traffic law enforcement and their solutions. The method used by the researcher is a normative legal approach and the specifications in this study are descriptive. As for the sources and types of data in this study, secondary data were obtained from literature studies. The data were analyzed qualitatively. Based on the results of the research, the implementation of law enforcement regarding traffic violations based on electronic traffic law enforcement has been effective, because every traffic violator caught on CCTV cameras will be recorded in the system that has been prepared. Through the identified number plate, the ticket will then be delivered to the address of the traffic violator. If the ticket that has been sent is not immediately taken care of until the specified time period. So the solution is when the person concerned takes care of the STNK extension. If not completed then the process will not be served. So the fines must be resolved first. Constraints by Law Enforcement Officials Regarding Traffic Violations Based on Electronic Traffic Law enforcement and their solutions. The obstacles are the facilities and infrastructure needed in large quantities so that they require large funds, people who do not obey the rules, and a more orderly culture of society if there are police on duty. The solution to this problem is that the Police can work together with local governments in preparing ETLE facilities and infrastructure, the Police must intensively conduct socialization related to ETLE, the placement of officers on guard is still needed to anticipate traffic violations outside ETLE that cannot be done through ETLE. Keywords: Law Enforcement, Traffic Violations, Electronic Traffic Law Enforcement
DEVELOPMENT OF LOCAL REGULATION DESIGN NUMBER 1 YEAR 2012 CONCERNING EDUCATION ORGANIZATION
The purpose of this study is as follows: to identify and analyze the legal problems faced as a reason for the formation of the draft regional regulations as the legal basis for solving or solving problems in the implementation of education. The type of research used in completing this thesis is a normative juridical research method with descriptive analysis, namely research conducted by examining library materials (secondary data) or library law research. The results of this study concluded that the Philosophical, Sociological, and Juridical Considerations or Foundations in the Formation of Draft Regional Regulations on the Implementation of Education, as follows: Philosophical Foundations: that national development in the field of education is an effort to educate the nation's life in order to develop the potential of students to become human beings who have faith and fear of God Almighty, have noble character, are healthy, knowledgeable, capable, creative, independent, and become democratic and responsible citizens. Sociological basis: that in order to increase the degree of quality of education, it is necessary to carry out educational development with clear, accountable, fair, equitable, effective and efficient boundaries of roles, functions, responsibilities, and authorities. Juridical basis: that in order to provide direction, foundation and legal certainty to all parties involved in the development of education, it is necessary to regulate the implementation of education. Keywords: Preparation, Regional Regulations, Education Implementation
Copyright (c) 2022 Septiarif Hakim Wijaya
The Effectiveness of Law Enforcement Against Narcotics Crimes in Order to Suppress the Illicit Trafficking of Narcotics
This study aims to determine and analyze the effectiveness of law enforcement against narcotics crimes in order to suppress the illicit trafficking of narcotics in the jurisdiction of the Semarang Police, and to analyze the obstacles in law enforcement against narcotics crimes in order to suppress the illicit trafficking of narcotics in the jurisdiction of the Semarang Police. The approach method used is sociological juridical, descriptive analytical research specifications, types and sources of data using primary and secondary data, data collection methods are field studies and literature studies, while the data analysis method uses qualitative analysis. The results of the study indicate that law enforcement against narcotics crimes in order to suppress the illicit trafficking of narcotics in the jurisdiction of the Semarang Police Station has not been effective, which is indicated by an increase in cases and the number of suspects. Obstacles in law enforcement against narcotics crimes in order to suppress the illicit circulation of narcotics in the jurisdiction of the Semarang Police, namely the limited operational personnel that is not proportional to the area of Semarang Regency, the existence of a network break method in the illicit trafficking of narcotics, the perpetrators protect each other when one of the network members caught, the narcotics evidence is destroyed by the suspect. The solution to overcome this is to approach the arrested suspect, do a urine/blood test, the suspect is declared negative, while evidence is not found, then the suspect will be released, but further investigation will be carried out in a closed manner. The obstacles resulted in the ineffectiveness of law enforcement against narcotics crimes in suppressing narcotics circulation in the jurisdiction of the Semarang Police. Keywords: Effectiveness, law enforcement, narcotics illicit traffic
Conducting Investigations Against Notaries on Alleged Crimes of Fraud and Embezzlement in the Conception of Legal Certainty
This study aims to determine and analyze the effectiveness of law enforcement against narcotics crimes in order to suppress the illicit trafficking of narcotics in the jurisdiction of the Semarang Police, and to analyze the obstacles in law enforcement against narcotics crimes in order to suppress the illicit trafficking of narcotics in the jurisdiction of the Semarang Police. The approach method used is sociological juridical, descriptive analytical research specifications, types and sources of data using primary and secondary data, data collection methods are field studies and literature studies, while the data analysis method uses qualitative analysis. The results of the study indicate that law enforcement against narcotics crimes in order to suppress the illicit trafficking of narcotics in the jurisdiction of the Semarang Police Station has not been effective, which is indicated by an increase in cases and the number of suspects. Obstacles in law enforcement against narcotics crimes in order to suppress the illicit circulation of narcotics in the jurisdiction of the Semarang Police, namely the limited operational personnel that is not proportional to the area of Semarang Regency, the existence of a network break method in the illicit trafficking of narcotics, the perpetrators protect each other when one of the network members caught, the narcotics evidence is destroyed by the suspect. The solution to overcome this is to approach the arrested suspect, do a urine/blood test, the suspect is declared negative, while evidence is not found, then the suspect will be released, but further investigation will be carried out in a closed manner. The obstacles resulted in the ineffectiveness of law enforcement against narcotics crimes in suppressing narcotics circulation in the jurisdiction of the Semarang Police. One of the criminal charges that can be imposed on a notary is embezzlement as regulated in Article 372 of the Criminal Code and the crime of fraud as regulated in Article 378 of the Criminal Code. Thus the notary in carrying out his duties and positions must always be guided by the legislation, code of ethics, and morals because if there is a violation committed by a notary, it will be very detrimental to the parties. This writing aims to find out and analyze the implementation of investigations into criminal acts of fraud and embezzlement carried out by a Notary and the Notary's responsibility for criminal acts of fraud and embezzlement committed in carrying out his position. The use of the sociological juridical approach in legal research is due to the fact that the problems studied are closely related to juridical and sociological factors. That is, the object of the problem studied here does not only concern the problems regulated in the legislation, but the problems studied are also related to sociological factors. The analytical knife in this paper uses the theory of legal certainty and the theory of legal responsibility. The investigation of criminal acts of fraud and embezzlement carried out by a Notary includes: Summoning of Suspects/Witnesses/Experts is carried out in writing by issuing summons on the basis of Police Reports and Investigation Orders and in accordance with the provisions of laws and regulations, Conducting Investigations, Sports Activities Case Events, Confiscation, Examination of Witnesses and Suspects, Arrest, Detention, Settlement and Submission of Case Files to the Public Prosecutor. Notaries are criminally responsible when in the process of proving that the notary is proven to have committed a crime or error. The Notary Position Act and the notary code of ethics do not regulate the criminal responsibility of the notary to the deed he made when he is proven to have violated the criminal law. The UUJN only regulates the provisions of civil and administrative legal sanctions, however, the responsibility of the Notary is criminally imposed if the Notary is proven to have committed a criminal act. Â Keywords: Investigation; Notary Public; Criminal act.
The Contribution of the Aceh Qanun to the Criminalization of Homosexual Behavior in Renewing the Indonesian Criminal Code
The current Criminal Code, which is a legacy of Dutch colonialism, which is characterized by individualism and liberalism, needs to be reformed immediately because it is considered not to reflect justice and values that exist in Indonesian society and is considered irrelevant to solving current legal problems, one of which is homosexual behavior. Homosexual behavior is sexual intercourse between someone of the same sex. Homosexual behavior is behavior that is contrary to Pancasila and the values that exist in society. Today, the spread and existence of homosexual behavior is increasingly widespread, one of the factors is social media. This happens because of the legal vacuum. For the wider community this behavior is troubling but as a legal state this behavior has not been regulated in detail in the legislation. Aceh is an area that has regulated homosexual behavior with the Qanun law which is sourced from Islamic law and is implemented effectively. The purpose of this research is to study and analyze the contribution of the Aceh Qanun to the Criminalization of Homosexual Behavior in the Update of the Indonesian Criminal Code. The research conducted is a normative juridical research, data collection techniques with library research, data sources refer to secondary data sources. Based on the discussion of all research results, it was concluded that: The contribution of the Aceh Qanun to the Criminalization of Homosexual Behavior in the Renewal of the Indonesian Criminal Code is the application of Islamic values contained therein, then several things in the Aceh Qanun that can be used as reference material or additional content in the Draft Criminal Code, namely that the Aceh Qanun has defined homosexual behavior into two classifications, namely homosexual behavior between men and homosexual behavior between women; Aceh Qanun has regulated homosexual behavior with children; Aceh Qanun has regulated the repetition of criminal acts of homosexual behavior; Aceh Qanun has regulated homosexual behavior with children; as well as for fines, the Aceh Qanun regulates it with a measurement value of pure gold which is considered to have a stable value over time. Keywords: Criminalization, Homosexual Behavior, Aceh Qanun, Renewal of the Criminal Code
Copyright (c) 2022 Mardiaz Safitrinining Haqqi
POLICY OF CRIMINAL LAW ENFORCEMENT ON CRIMINAL ACTS OF NARCOTICS ABUSE
The purpose of this study was to determine and analyze the policy of criminal law enforcement against the crime of narcotics abuse. To find out and analyze the obstacles and solutions to the crime of narcotics abuse. This study uses a normative juridical approach, with descriptive research specifications. The data used in this study is secondary data obtained through literature study. The result of this research is that the Policy for Enforcement of Criminal Law Against Criminal Acts of Narcotics Abuse can be done by starting to provide ideas for renewal of Law Number 35 of 2009 concerning Narcotics. The idea of legal reform through reformulation of the law has opened up more opportunities for law enforcement to carry out extensive interpretations so that it is expected to minimize the abuse of methamphetamine narcotics that are not listed in the attachment to Law Number 35 of 2009 concerning Narcotics and law enforcement can be carried out optimally. Internal obstacles are the lack of resources of advanced technology equipment to match the technological sophistication of drug network syndicates in distributing and producing drugs, while external obstacles that come from outside are the ambiguity of articles in the Narcotics Law regarding the imposition of sanctions on victims of abusers, lack of participation and public participation as police intelligence to provide information and information in order to uncover and uncover cases of illicit trafficking and narcotics abuse. Preventive efforts are carried out to prevent the meeting of elements of intention and opportunity as a formula for the occurrence of criminal acts, by carrying out patrol activities. Pre-emptive efforts are guidance, counseling, rehabilitation and coaching that lead to the formation of a society that is obedient and obedient to the law, and is able to reject every form of narcotics crime. In other words, creating conditions for people who have high retention (immunity) against the occurrence of narcotics crimes. Keywords: Policy, Criminal Law Enforcement, Narcotics Abuse
IMPLEMENTATION OF RESTORATIVE JUSTICE BY THE PROSECUTOR IN HANDLING GENERAL CRIMINAL CASES (At the Demak State Prosecutor's Office)
Prosecutors' Regulation of the Republic of Indonesia Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice (Perja Termination of Prosecution) which is carried out on the basis of a fair case settlement by emphasizing restoration to its original state and not retaliation. In this regulation, it is emphasized to be able to prioritize conscience in resolving cases. The purpose of this study was to determine the implementation of the termination of prosecution of criminal cases on the basis of restorative justice and the obstacles of the public prosecutor in resolving cases using Restorative Justice. The research approach used in this study uses an empirical juridical approach with a descriptive type of research. The problem approach used is using primary and secondary data obtained from literature studies and field studies and data processing is carried out by means of data evaluation, data classification and data systematization and then analyzed using qualitative analysis. The results of the study indicate that the implementation of the termination of prosecution begins with the existence of a certain legal event that occurs in a certain community and at a certain time. If in a legal event it turns out that there is a strong suspicion that a criminal act has occurred. The termination of prosecution based on restorative justice is carried out within a period of 14 (fourteen) days after receipt of the handover of responsibility for the suspect and evidence from the investigator which consists of several stages as stipulated in the Perja on Termination of Prosecution. The most dominant obstacle is the short time in handling cases which has been regulated in the Discontinuation of Prosecution Service and other obstacles, namely the lack of understanding to forgive each other between victims and suspects which can hinder the peace process. Keywords: Prosecutor, Termination of Prosecution, Restorative Justice
Restorative Justice Implementation in Narcotics Cases
This study aims to determine and analyze the settlement of Narcotics cases and the implementation of restorative justice related to narcotics crimes at the Kota Besar Resort Police (Polrestabes) Semarang. The approach method used is sociological juridical, descriptive analytical research specifications. The data used are primary data and secondary data. Data collection methods are field studies and literature studies. The data analysis method used qualitative analysis. The results showed that the settlement of narcotics cases at the Police Resort Kota Besar Semarang was carried out through the judiciary and through restorative justice. The implementation of restorative justice related to narcotics crimes at the Semarang City Police Resort is in accordance with the provisions of Perpol Number 8 of 2021. Through restorative justice, it can increase the effectiveness and efficiency of resolving narcotics cases because narcotics users can undergo rehabilitation to eliminate dependence on narcotics. Keywords: implementation, restorative justice, narcotics case
IMPLEMENTATION OF THE ULTIMUM REMIDIUM IN CRIMINAL ACTS OF CORRUPTION THROUGH A RESTORATIVE JUSTICE APPROACH
The Prosecutor's Office as a law enforcement officer authorized by law to eradicate corruption crimes issued a policy in the form of a Circular by the Junior Attorney General for Special Crimes Number: B-1113/F/Fd.1/05/2010 concerning Priorities and Achievements in the Handling of Corruption Crimes which ordered to seek to recover state losses using a restorative justice approach for corruption crimes with small-scale state losses. The problems raised in this research are how to apply the Ultimum Remidium in the Crime of Corruption through a Restorative Justice approach and what factors affect the Implementation of the Ultimum Remidium in the Crime of Corruption through a Restorative Justice approach & its solutions. This research uses normative juridical method with qualitative analysis. The results of the study indicate that the reason for the Prosecutor's Office to apply a restorative justice approach in resolving cases of criminal acts of corruption with small state financial losses as stated in the SE Jampidsus Number: B-1113/F/Fd.1/05/2010 is to reduce the number of state financial losses that must be incurred. issued as a result of small-scale corruption. The effectiveness of the principles of restorative justice carried out by the prosecutor's office against perpetrators of criminal acts of corruption using the concept of restorative justice can be seen from two aspects, namely the aspect of the purpose of punishment and the aspect of benefit. Then, the criminal law policy through this restorative justice approach will avoid the impact of greater losses and eliminate the effects of a crisis that can arise due to corporate punishment and can be an effective and efficient means for optimizing the return of state financial losses. Keywords : Corruption, Ultimum Remidium, Restorative Justice
Copyright (c) 2022 Merry Fitri Pratidina
IMPLEMENTATION OF TOURISM MANAGEMENT POLICY IN THE FRAMEWORK OF IMPROVING COMMUNITY WELFARE IN PATI REGENCY
This study aims to explain the implementation of tourism implementation policies in the framework of improving community welfare in Pati Regency which is based on Pati Regency Regional Regulation Number 8 of 2013 concerning Tourism Implementation in Pati Regency, then describes Implementation Number 8 of 2013 concerning Tourism Implementation in Pati Regency, and knowing the obstacles faced by the Pati Regency Government and how the efforts made by the Pati Regency Government in tourism implementation policies in the framework of improving the welfare of the people in Pati Regency. This research is in the form of descriptive qualitative research, using a sociological juridical approach. The data validity technique used by the researcher is qualitative descriptive. The results of this study found that, the Implementation of Tourism Implementation Policies in the Framework of Improving Community Welfare in Pati Regency: a) Increasing Regional Income, b) Empowering the Community; Obstacles in implementing the Policy for Tourism Implementation in the Framework of Improving Community Welfare in Pati Regency: a) budget for Karaoke Business License in Pati Regency, b) Operational Violation of Karaoke Business in Pati Regency; Solutions to problems in implementing the Tourism Implementation Policy in the Framework of Improving Community Welfare in Pati Regency: a) Licensing Process for Karaoke Business Permits in Pati Regency, b) Supervision of Karaoke Business Licensing in Pati Regency. Keywords: implementation, public policy, tourism implementation
The Role of Investigators in Handling Crimes Traffic accident
A traffic accident is an act that is punishable by imprisonment. However, in practice, not all traffic accident crimes are resolved through the judiciary. Here the investigator's role is to reveal the chronology of events, find the cause of the incident, determine whether the case will be continued or will be resolved through restorative justice. This study aims to analyze the role of investigators in handling traffic accidents at the Blora Police Traffic Unit, the factors that influence the investigator's role in handling traffic accidents at the Blora Police Traffic Unit and the investigator's role in handling traffic accident crimes at the Blora Traffic Police Unit. Blora Police should be. The approach method used is sociological juridical, descriptive analytical research specifications. The data used are primary data and secondary data. Data collection methods are field studies and literature studies. The data analysis method used qualitative analysis. The theory used as a knife of analysis in this research is the theory of law enforcement and the theory of crime prevention. The results of the study indicate that the role of investigators in handling traffic accidents at the Blora Police Traffic Unit is to carry out crime scene processing, seek to resolve traffic accident cases based on restorative justice, and continue the investigation process. The factors that influence the role of investigators in handling traffic accidents at the Blora Police Traffic Unit are the legal factors themselves (laws), law enforcement factors, facilities and infrastructure factors and factors of perpetrators and victims, and community factors. Of the five factors, the most dominant factor influencing the role of the investigator is the perpetrator and the victim. The investigator's role in handling traffic accident crimes at the Blora Police Traffic Unit should be by optimizing the roles that affect the investigator's role, namely, as law enforcement investigators must meet qualification standards as investigators, it is necessary to add completeness of facilities and infrastructure, utilization of perpetrators and victims in solving cases, as well as increasing community participation in handling traffic accidents. Investigators must seek to resolve cases based on restorative justice. However, if there is no agreement between the parties involved in the accident, the investigation process will continue. This is to provide a sense of justice for all parties. Keywords: role; investigator; traffic accident
COMMUNITY PARTICIPATION IN THE ERADICATION OF CRIMINAL ACTS OF CORRUPTION IN ABUSE OF AUTHORITY
The approach method in this study is normative juridical, the specifications in this study are analytical descriptive, while the data source is secondary data derived from primary legal materials in the form of legislation, secondary legal materials derived from books, scientific papers, and other materials. tertiary law in the form of Indonesian dictionary, legal dictionary. And the data collection in this research is by interview technique, literature study and documentation, and the data analysis used is qualitative analysis. The results of this study can be seen that in the form of community participation is needed in eradicating corruption. Submission of reports from the public regarding indications of the occurrence of criminal acts of corruption can also be done in various ways, either directly or indirectly to law enforcement offices, either by telephone, facsimile, or online. Keywords: Community role practice, corruption eradication
Motor Vehicle Physical Examination In the Context of Combating Criminal Acts
This study aims to identify and analyze the implementation of the physical examination of motorized vehicles in the context of overcoming criminal acts at the Blora Police Traffic Unit and the obstacles and solutions. The approach method used is sociological juridical, descriptive analytical research specifications. The data used are primary data and secondary data. Data collection methods are field studies and literature studies. The data analysis method used qualitative analysis. The theory used in this study is the theory of law enforcement and the theory of benefit. The results showed that the implementation of the physical examination of motorized vehicles in the context of overcoming criminal acts at the Blora Police Traffic Unit was carried out through preventive and repressive efforts. Preventive efforts include motorized vehicle registration services, while repressive efforts are based on requests from investigators. Barriers to physical examination of motorized vehicles in the context of overcoming criminal acts at the Blora Police Traffic Unit are the absence of a forensic laboratory in Blora, owners of motorized vehicles not bringing their vehicles to Samsat for physical checks, and the habit of people using the services of brokers. Efforts to overcome this are by submitting an application for a forensic ballistic test to the Forensic Lab for Semarang Branch, providing humane, logical and reasonable understanding to motorized vehicle owners, educating and socializing the community so as not to use the services of middlemen in managing motorized vehicle registration. Keywords: physical inspection of motorized vehicles; countermeasures; criminal act
Implementation of Diversion towards Child Perpetrators of the Crime of Beating in the Concept of Justice
This study aims to determine and analyze the implementation of diversion against children who are perpetrators of the crime of beatings in the concept of justice at the Semarang Police Station and the effectiveness of the application of diversion to children who are perpetrators of the crime of beating the Semarang Police. The approach method used is sociological juridical, descriptive analytical research specifications. The data used are primary data and secondary data. Data collection methods are field studies and literature studies. The data analysis method used qualitative analysis. The theory used in this research is the theory of law enforcement and the theory of justice. The results showed that the implementation of diversion against children who were perpetrators of the crime of beatings in the concept of justice at the Semarang Police was in accordance with the provisions of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. The diversion process involves all, namely the victim's family, the perpetrator's family, and the Fathers, namely through deliberation involving the child and his/her parents/guardians, the victim and/or their parents/guardians, community counselors, based on a restorative justice approach. The application of diversion to children who are perpetrators of criminal acts at the Semarang Police is very effective in resolving the crime of beating children with child offenders. Through diversion, the case settlement procedure becomes simpler, cheaper and saves time. The implementation of diversion is also able to reduce the accumulation of cases handled at the Semarang Police Station, reducing the cost burden. Keywords: implementation, diversion, the crime of beating