bluuebunny/crossref_metadata_2025 huggingface dataset:
Analysis Of Criminal Liability Crime of Legislative Elections (Case Study Legislative Elections in Semarang)
Authors: Muchammad Nur , Abdul Chalim Munsharif
Published: September 2020

This study aims to determine the form of criminal responsibility to the crime of legislative elections in Semarang; and obstacles in the implementation of criminal law enforcement against criminal acts of the legislative elections in the city of Semarang.The results showed that the process of law enforcement against criminal acts in general legislative elections held in the context of the criminal justice system in Indonesia, which includes the process of investigation by the police, prosecution by prosecutors and sentencing / verdict by the District Court. Criminal investigations are conducted legislative elections Police, in accordance with the provisions of Article 1 Paragraph (13) of Act No. 2 of 2002 on the Indonesian National Police. In the organization of the legislative elections, in the enforcement of the criminal acts of the legislative elections undergone many obstacles such as: Non-fulfillment of formal requirements and substantive a report criminal election, which resulted election supervisors or investigators difficulty to follow up a report, on terms materially one of them seek witnesses were very hard done by the Election Supervisory; The absence of witnesses because people who know the incident did not dare to testify due to intimidation;The limited time handling criminal offense elections, at both or election supervisory level law enforcement officers.Keywords: Criminal Liability; Crime; Legislative Election.
Corporate Conception in Terrorism Based on Act No. 5 Of 2018
Authors: Parikhesit Parikhesit , Gunarto Gunarto , Maryanto Maryanto
Published: September 2020

Enforcement strategies terrorism has changed from that previously used the law enforcement strategy reactive (reactive law enforcement) to the law enforcement proactive (proactive law enforcement). Enforcement strategies are proactive expected to reach the corporate as well as those who are behind it as the founders, leaders and corporate board into the hands of the main perpetrators of criminal acts of terrorism.The purpose of writing is to know the conception of the corporation in criminal acts of terrorism and how the system of corporate criminal liability in criminal acts of terrorism under the Act No. 5 of 2018.Act No. 5 of 2018 recognize the corporation as a subject or as a criminal. While the forms of criminal acts committed by a corporation is the criminal acts committed by individuals. Thus the corporation can be said to be committing a crime as stipulated in the formulation of a criminal offense if the offense is committed by people on the basis of employment, or other relation, either individually or jointly, acting for and on behalf of the corporation in and outside the corporate environment.The setting is the principal criminal fines against corporations show that the conception of the corporation in criminal acts of terrorism under the Act No. 5 of 2018 is the third model is the corporation as a maker as well as corporate responsibility.Keywords: Corporate; Accountability; Terrorism.
Legal Principles Under Criminal Law in Indonesia Dan Thailand
Authors: Chuasanga Anirut , Argo Victoria Ong
Published: September 2020

The principle of legality is known in modern criminal law emerge from the scope of sociological Enlightenment doctrine that exalts the protection of people from abuse of power. Before coming Age of Enlightenment, the power to punish even without any regulations first. At that time, tastes kekuasaanlah most right to determine whether an act to be punished or not. To combat that, exists the principle of legality which is an important instrument of the protection of individual liberties in the face of the country. Thus, what is called the action that can be put into a regulatory authority, not power. According to legal experts, the roots of the idea of the principle of legality is derived from the provisions of Article 39 of the Magna Carta (1215) in the United Kingdom which ensure the protection of people from arrest, detention, seizure, disposal, and release of a person from the protection of the law / legislation, unless there is a judicial decision legitimate. This provision is followed Habeas Corpus Act (1679) in the UK that requires someone who is arrested is checked in a short time. This idea inspired the emergence of one of the provisions in the Declaration of Independence (1776) in the United States that says, no one should be prosecuted or arrested in addition to, and because of the actions set out in, legislation.Keywords: Principle of Legality; Criminal law; Indonesia; Thailand.
Problematics Juridis Facilitation In Regional Development Planning Process (Study of Kendal Regency Research and Development Planning Agency)
Authors: Latif Izzuddin , Widayati Widayati
Published: September 2020

Facilitation of Development Planning is very urgent and vital as an instrument to increase effectiveness in building synergy in terms of regional development in accordance with the mandate of the law on national development planning, namely in accordance with Permendagri Number 86 of 2017. Kendal Regency Facilitation Process by the Central Java provincial government those that have been implemented well will produce legal products that are able to explain the central government's development programs and there will not be problems in the future. The problems of Regional Development Planning, which have been carried out by the Central Java provincial government, are still much sought to be in accordance with the conditions and needs and well implemented in accordance with the laws and regulations, the need for a better solution to avoid future problems ; Time problems that are less effective, and so that scheduling is done in great detail and in a short amount of time, to improve the performance and effectiveness of facilitation. Regarding the issuance of the Minutes is not quite right than the issuance of the Governor's Decree, the Javanese provincial government should be publishing the provisions of the results of facilitation that have been carried out.The Kendal Regency Government also seeks to ask the provincial government to establish a governor's decree so that it can form the basis of the legal umbrella of regional development planning, which is in accordance with the substance of the Minister of Home Affairs Regulation No. 86 of 2017, relating to the Regional Development planning process in Kendal District, which was previously in 2016 has been amended by the new regulation by referring to Permendagri regulation No. 86 of 2017, Kendal District Government seeks to ask the Governor of Central Java as the provincial government to provide facilitation that is in accordance with Kendal Regency characteristics, with reference to the effectiveness of the time given so that the bureaucracy that is built can be effective and efficient.Keywords: Facilitation, Juridical, Regional Development Planning
Judicial Activism In Criminal Case To Ensure The Human Rights Upholding (Study In State Court Of Semarang)
Authors: Ibni Rusydan Wilmar , Ma'ruf Umar , Bawono Bambang Tri
Published: September 2020

The purpose of this study was to describe, assess, and analyze as to what the underlying factors in implementing the Judge on Judicial Activism practice in criminal cases in order to ensure the upholding of human rights, then any obstacles encountered and solutions that were presented.This study uses a sociological juridical approach to research is descriptive analytical specifications. The data used are secondary data obtained through library research and primary data obtained through field research then analyzed qualitative use Progressive Legal Theory and Theory of Freedom and Discovery Law of Judge (Rechstvinding).The results of this study are: 1) Judge's decision to apply for Judicial Activism in criminal cases at least consider several factors, including legal developments always follow people who move quickly, in addition to the Act or other regulations are not always equipped to solve a legal case concretely, and also some other factors; 2) Obstacles that arise in practice Judicial Activism in criminal cases are divided into two (2) factors, namely the internal source of personality and emotionality judges themselves, then external factors relating to the legal system of a country.Keywords: Judicial Activism; Criminal Case; Judge; Human Rights.
Legal Protection For Victims Of Traffic Violations That Lead To Death (Case Study On Police Traffic of Rembang)
Authors: Irawan Hengki , Wahyuningsih Sri Endah , Hafidz Jawade
Published: September 2020

The purpose of this study is to know, shortly describe, analyze and assess the implementation, barriers, and the remedies to overcome obstacles in the legal protection for victims of traffic abuses resulting in death by Police Traffic of Rembang. The method used in this study, using a kind of sociological juridical research, analytical, descriptive, with data used are primary data and secondary data, and analyzed Qualitative. The results of this study are: (1) legal protection for victims of traffic abuses resulting in death by Police Traffic of Rembang preferably through peace settlement with restitution, (2) barriers in the legal protection for victims of terms: (a) the substance of the law: Act No.22 of 2009 and the Criminal Procedure Code has not been providing legal protection for victims and their families; (B) the legal structure: lack of personnel and infrastructure; and (c) the legal culture: the lack of public awareness; (3) the remedies to overcome these obstacles, in terms of: (a) the substantive law: consideration of material and immaterial damages the victim or the victim's family, (b) the legal structure: additional personnel and high-tech infrastructure, human resource development; and (c) legal cultures: socialization and education traffic rules, and concept of restorative justice. (A) the substantive law: consideration of material and immaterial damages the victim or the victim's family, (b) the legal structure: additional personnel and high-tech infrastructure, human resource development; and (c) legal cultures: socialization and education traffic rules, and concept of restorative justice. (A) the substantive law: consideration of material and immaterial damages the victim or the victim's family, (b) the legal structure: additional personnel and high-tech infrastructure, human resource development; and (c) legal cultures: socialization and education traffic rules, and concept of restorative justice.Keywords: Death; Victim; Traffic; Abuse; Legal Protection.
Application of Criminal Penalties in Child Protection Law in the State Court Of Ngawi
Authors: Utomo Sulistyo , Maerani Ira Alia
Published: September 2020

This research aims to identify and analyze the existence of the application of criminal penalties in the handling of criminal cases Child Protection in Indonesia and analyze the effectiveness of criminal fines when viewed from the perspective of children as victims of crime.Method used is socio-juridical using primary and secondary data. Primary data collection technique is done with the interview, and secondary data by reading, reviewing and analyzing primary legal materials, secondary legal materials, tertiary legal materials with qualitative analysis techniques, interpreted logically and systematically and drawn conclusions.Based on the survey results revealed that the existence of the application of criminal penalties in the handling of criminal cases Child Protection in Indonesia criminal fines in criminal prospects are just as an alternative or substitute for imprisonment or confinement. And effectiveness this penalty has not run optimally because the defendant would prefer to replace the criminal penalties to imprisonment.The conclusion of this thesis is that the implementation or execution of criminal penalties in Indonesia have not been effective or not maximized because law enforcement or judges tend to prefer the imprisonment of the criminal finesKeywords: Criminal Fines; Criminal Prison; Children.
Analysis of State Court Of Batang Decision Number: 4 / Pid.Sus / 2018 / Pn Btg on Felony Obscenity Crime Based On Islamic Criminal Law
Authors: Prasetiyo Bagus Langgeng , Gunarto Gunarto , Chalim Munsharif Abdul
Published: September 2020

In the case of sexual crimes where the child victim, the victim could be the driving factors behind crime. For example, we say today is increasingly widespread promiscuity, children have been left free in terms of promiscuity and lack of supervision of their parents, the They were released along with others, go anywhere. So, with their innocence, they could be trapped in one association and exploited by the parties or adults who are not responsible. In such circumstances, the public, law enforcement officers and even a State shall be estimated on the protection and supervision of children, especially where children as crime victims of sexual crimes indeed very concerned and could undermine future portion of the prospective successor to the nation.Therefore, the authors are interested in writing this thesis titled "Analysis of State Court of Batang Decision No. 4 / Pid.Sus / 2018 / PN Btg About felony obscenity According to Islamic Criminal Law".In this study the authors use this type of research descriptive with normative juridical approach. Data were collected by literature study, observation and interviews. Methods of qualitative analysis.At the end of the study authors conclude that the author found consideration of the judge in the imposition of a criminal judgment against the defendant in Decision No. 4 / Pid.Sus / 2018 / PN.Btg compliance, that have noticed the elements of the criminal case, after seeing the Islamic law according to the author was still lacking and not worth the Hadd punishment. So the result rather than the judge's decision according to the author can not be unfair to the accused and the victim.Keywords: Juridical Studies; Felony Obscenity Crime; Islamic Criminal Law
The Application Of Justice Principles Of Rapid Simple Fee In Criminal Justice System In The State Court (Case Study in State court of Pati)
Authors: Hasanah Lailatul Nur , Wahyuningsih Sri Endah
Published: September 2020

This study aims to determine and analyze the application of the principle of simple justice Rapid Simple Fee in the criminal justice system in the State court of Pati. As well as to identify and explain the barriers and solutions simple application of the principle of justice Rapid Simple Fee in the judicial system in State court of Pati. And to identify and explain the contribution principle is simple justice Rapid Simple Fee in the criminal justice system to reform the criminal justice system in the future. This study uses empirical juridical approach to analysis of the application of the principle of judicial issues simple, quick and inexpensive in the criminal justice system in the State court of Pati. Specifications research is descriptive analysis. With data collection techniques are primary and secondary data and research literature, analyzed using qualitative. The problem is analyzed with the theory of law enforcement and progressive legal theory. The results of this study showed that every judge shall comply with the laws that have been set ie power Act No. 48 of 2009 and Act No. 8 of 1981. Constraints in principle to simple justice Rapid Simple Fee is the human resources of the apparatus law enforcement, lack law enforcement and courtroom facilities, absence of the parties or witnesses. The solution is to determine the court calendar, giving sanction to the litigants or witnesses who have been called State court of Pati. Contributions in future expected law enforcement qualified for handling the case, mutual cooperation between law enforcement agencies and is able to imitate the criminal justice system in developed countries such as settling disputes out of court with mediation mechanism penal (penal mediation), restorative justice, diversion in juvenile justice and other forms that thrive in the community. It is considered necessary as part of the criminal law reform. Contributions in future expected law enforcement qualified for handling the case, mutual cooperation between law enforcement agencies and is able to imitate the criminal justice system in developed countries such as settling disputes out of court with mediation mechanism penal (penal mediation), restorative justice, diversion in juvenile justice and other forms that thrive in the community. It is considered necessary as part of the criminal law reform. Contributions in future expected law enforcement qualified for handling the case, mutual cooperation between law enforcement agencies and is able to imitate the criminal justice system in developed countries such as settling disputes out of court with mediation mechanism penal (penal mediation), restorative justice, diversion in juvenile justice and other forms that thrive in the community. It is considered necessary as part of the criminal law reform.Keywords: Principle of Simple Justice, Rapid Simple Fee In Criminal Justice System in Pati Court
Judge Consideration of Religious Court Of Blora on Application of Married Dispensation
Authors: Muzazanah Siti Muzazanah , Khisni Akhmad , Rozihan Rozihan
Published: September 2020

This study aims to know the factors increasing request for married dispensation, the judge in the consideration granted married dispensation and know the weaknesses of Marriage Act in court and in the implementation of solutions to reduce married dispensation, The method used normative juridical, namely legal research based on secondary data. This research approach using the approach of the case (case approach and qualitative approach. Regarding the data, the authors obtained data from interviews and literature study.These results indicate (1) Factors increasing request for married dispensation in the Religious Court of Blora is (a) Fearing the emergence of slander, (b) pregnant outside of marriage (2) Judge Consideration of Religion Court of Blora in granted married dispensation, based on consideration of three things namely (a) Administrative completeness, (b) there is no prohibition of marriage as contained in Article 8 of Act No. 1 of 1974 On Marriage, (c) the principle benefit (3) weakness of marriage Act in the execution of court and solutions for reduce married dispensation in the Religious Court of Blora. Lack of socialization to the relevant institutions make weak law marriage in the implementation of the court.Keywords: Judge Consideration; Religious Court; Married Dispensation.
Law Enforcement Of Giving Restitution For Victims Of Trafficking In The State Court Of Central Jakarta
Authors: Dewi Roswati , Wahyuningsih Sri Endah , Ma'ruf Umar
Published: September 2020

This study aimed to analyze and assess: 1) Law Enforcement of Giving Restitution of Victim of Crime Against Trafficking in West Java Police Jurisdiction; 2) obstacles and barriers in the Restitution Administration of the Victim of Crime Against Trafficking in West Java Police Jurisdiction; and 3) How to overcome the obstacles in Giving Restitution of Victim of Crime Against Trafficking in West Java Police Jurisdiction.This research use sociological juridical approach to the specification of the research is descriptive analysis. Data sources include primary data and secondary data. Methods of data collection using interviews and documentation study. Methods of data analysis in this thesis using qualitative descriptiveThe study concluded that not every Victims of Crime of Trafficking Got Giving Restitution. Obstacles Giving Victims Restitution against Crime of Trafficking affected by the dominant legal factors and the influence of other factors. UUPTPPO an attempt by the State to TPPO, but construction is still weak, law making it difficult for victims obtain restitution, so it needs to be revised. It is recommended that UUPTTPO revised or reconstructed, so UUPTPPO for more providing legal protection for victims of TPPO to establish in the regulations (laws) that the State through the investigating police and / or prosecutor (JPU) who shall seek fulfillment TPPO restitution by offenders to victims TPPO, that is the nation participation for the society.Keywords: Law Enforcement; Restitution; Victims; Crime; Trafficking.
The Role of Attorney As the Guards Team Of Security Government And Regional Development In The Prevention Efforts Of Criminal Corruption (Case Study In State Attorney Of Purworejo)
Authors: Sujatmika Sujatmika , Maryanto Maryanto
Published: September 2020

The efforts to overcome of the Corruption by law enforcement can be done by way of prevention (preventive) and prevention (repressive).The problems of this study are: Guards Team Establishment, Security Government and Regional Development in the law enforcement of corruption in the State Attorney of Purworejo. The Role of the Prosecutor as Guards Team of Security Government and Regional Development in the Prevention of Corruption in the State Attorney of Purworejo, a limiting factor of the role of the Prosecutor as Guards Team , Security Government and Regional Development in the Prevention of Corruption in the State Attorney of Purworejo and solutions.This research use socio-juridical approach and specification in this study were included descriptive analysis. The source and type of data in this study are primary data obtained from interviews with field studies Public Prosecutor in the State Attorney of Purworejo, And secondary data obtained from the study of literature relating to the theory of supervision, authority and law enforcement.Based on the results of research that Purpose of establishing of the Guards Team of Security Government and Regional Development, namely: 1) the loss of doubt the power of the budget (KPA), the power of the commitment (KDP), and implementing activities in carrying out its activities, 2) absorption of the budget properly and on time, and 3) development of Purworejo run properly and without corruption. The role of the Attorney divided into three normative role, the ideal role, and the role of factual. Inhibiting factor is the factor of its own law, law enforcement apparatus which is not widely understood rule of law, the factors supporting infrastructure and inadequate facilities, community factors and cultural factors. Solutions to overcome obstacles, namely: a) Prevention / preventive and persuasive, b) Legal Assistance; c) Coordination with APIPs and / or related agencies; d) Conduct Monitoring and Evaluation; and e) The Enforcement of Repressive Laws.Keywords: Attorney; Corruption; Role; Guard Team of Security Government and Regional Development; Crime.
The Role Of Health Department Of Blora Regency In The Implementation Of Bpjs Based On Act No. 40 Of 2004 On The National Social Security System To Improve Health Service To The Society
Authors: Kusuma Denny , Widayati Widayati , Dwi Istinah Siti Rodhiyah
Published: September 2020

The regional government through the Health Department became the backbone of the implementation of the national strategic program, including JKN-KIS program. In various legislations such a role that includes licensing, facilitator, as well as giving recommendations and the availability of health facilities and the organization of health services for the implementation of the Health Insurance program. This study aims to determine the Role of Health Department of Blora Regency in the Implementation of BPJS Based On Act No. 40 of 2004 on National Social Security System to improve health services to the society and the obstacles that arise and solutions. The method used is the juridical sociological, descriptive analytical research specifications. The data used are primary data and secondary data, so that the method of collecting data through field studies and literature. Data analysis method used is qualitative analysis. As the blade is used the analysis of role theory and the theory of legal certainty. The results showed that the Role of Health Department of Blora Regency in the Implementation of BPJS Based On Act No. 40 of 2004 on National Social Security System to improve service to the public is as regulators, implementers and donors. The obstacles that arise in the implementation of BPJS in Blora is the increased fees but then disconnected MA which no increasing fees, any health facilities which can not service BPJS members because still not accredited the solution is that facilities apply a new accreditation to KARS, the role of Health Department in the implementation of BPJS not maximum so the solution is make a new regulation for empowerment the role of Health Department as regulator.Keywords: Health Department; BPJS; �National Social Security System; Health Services.
Policy Formulation of Criminal Law against Narcotics Traffickers Based On Justice Value
Authors: Manapa Ade Christian
Published: September 2020

Act No. 35 of 2009 on Narcotics there are multiple interpretations and ambiguities article formulation, namely Article 112 of Law on Narcotics. Article resulted in the perpetrators of Narcotics (trafficker) will shelter as if he was a victim of crime or narcotics abusers.The problems are: 1) Are Policy Formulation of Criminal Law Against Narcotics Traffickers based on Act No. 35 of 2009 has fulfilled a Justice Value? 2) How does the Policy Formulation of Criminal Law Against Narcotics Traffickers in Criminal Justice in Indonesia? and 3) how the Policy Formulation of Upcoming Criminal Law Against The Perpetrators And Abusers Based on Justice Value?The method used is normative, the specification of the research is descriptive analytical data using secondary data sources, data collection methods using literature study, data presentation in the narrative, qualitative data analysis. The research problem in accordance with the above described problems he infused with three theories: 1) The theory of law enforcement, 2) Theory of legal certainty and 3) Theory of justice.Result: 1) Policy Formulation of Criminal Law Against Narcotics Traffickers Based On Act No. 35 of 2009 still indicates ambiguity and multiple interpretations. Between the formulation of article 112 and article 127 so that it can ensnare abusers of narcotics in Article 127.2) Policies application of criminal law against traffickers Narcotics in Criminal Justice in Indonesia is still problematic, where the dealer the crime of Narcotics can shelter as abusers of narcotics to avoid criminal sanctions are more severe. 3) Policy criminal law traffickers and abusers of narcotics in the future is the need to change the formulation of Article 112 Law on Narcotics, ie there must be firmness that met the elements "have", "save", "master" or "buy" is a chapter devoted to trafficker, importers, producer, and another narcotics crime qualification and not pointed to narcotic abuse itself.Keywords: Policy Formulation of Criminal Law; Narcotics Traffickers; Justice Value.
Policy Termination Of Alleged Crime Investigation In Polres Semarang
Authors: Sitorus Jeifson , Sulchan Achmad
Published: September 2020

Police as investigators are authorized to terminate the investigation on the grounds as stated in Section 109 subsection (2) Criminal Procedure Code. In practice, there are crime that have been conducted the investigation found sufficient evidence and suspects, but in fact people who feel harmed (victim) had not wanted the case was brought to trial. This study aims to determine the termination of the investigation policy implementation alleged criminal act in Police Semarang, barriers faced by investigators in the implementation of the termination of the investigation alleged criminal act and analyze the implementation of the termination of the investigation policy alleged criminal act that should be implemented Police. The method used is the juridical sociological with descriptive analytical research specifications. The data used are primary data and secondary data and methods of data collection through field studies and literature. Data analysis method used is qualitative analysis. The results showed that the implementation of the policy of the termination of criminal case investigation in Police Semarang conducted through restorative justice as set out in the SE Chief of Police No. SE / 8 / VII / 2018 so it does not conflict with the provisions of the law. The obstacles faced by investigators in the implementation of the termination of criminal case investigation in Police Semarang consists of internal resistance and external obstacles. As for the implementation of the policy termination criminal case investigation should be carried out in accordance with the provisions of the Police should be legislation that exists, procedural, professional, justice and uphold human rights. Reason for ending the termination of the investigation should be based on the existing Article 109 (2) Criminal Procedure Code and restorative justice with the procedures and provisions stipulated in SE Chief of Police No. SE / 8 / VII / 2018 and the Regulation No. 6 of 2019 concerning the Crime Investigation.Keywords: Termination Of Investigation; Alleged Criminal Act.�
Disparity of Judge's Decision on Children Of Narcotics Crime Actors Study on Denpasar State Court Decision No. 3 / Pid.Sus.Anak / 2014 / PN.Dps. by Denpasar State Court Decision No. 14 / Pid.Sus.Anak / 2015 / PN.Dps.
Authors: Setiawan Dudu Wawan , Bawono Bambang Tri
Published: September 2020

The problem of this research is Why the disparity between the criminal Denpasar State Court Decision No. 3 / Pid.Sus.Anak / 2014 / PN.Dps. by Denpasar State Court Decision No. 14 / Pid.Sus.Anak / 2015 / PN.Dps.? Whether due to the disparity of criminal child Narcotics Crimes between Denpasar State Court Decision No. 3 / Pid.Sus.Anak / 2014 / PN.Dps. by Denpasar State Court Decision No. 14 / Pid.Sus.Anak / 2015 / PN.Dps. ?The method used by researchers is normative juridical law approach and specification in this study were included descriptive analysis. Now sources and types of data in this study are primary data obtained from interviews with field studies Denpasar State Court Judge, and secondary data obtained from the study of literature. Data were analyzed qualitatively. The problems studied by the theory of Pancasila justice, law enforcement and progressive.Based on the results of research that Children judge anyone considering the Research Society (Litmas) Community Advisors (PK) from the Institute of Corrections (Bapas) that, as considered by the Child Justice in case number 14 / Pid.Sus.Anak / 2015 / PN.Dps. Children temporary Judge's decision in case number 3 / Pid.Sus.Anak / 2014 / PN.Dps. not considering it, should judge Children in case number 3 / Pid.Sus.Anak / 2014 / PN.Dps. PK Litmas Bapas expensive, because the perpetrators of the Child is the only user, but instead judge Children in case number 14 / Pid.Sus.Anak / 2015 / PN.Dps. considering Litmas PK Bapas, whereas perpetrators Children in this case proved to be a dealer. Disparities criminal perpetrators of criminal acts against children Narcotics between Denpasar State Court Decision No. 3 / Pid.Sus.Anak / 2014 / PN.Dps. by Denpasar State Court Decision No. 14 / Pid.Sus.Anak / 2015 / PN.Dps. implications for the protection of child neglect.Keywords: Children; Disparity; Narcotics; Decision; Crime Actor.
The Role Of The Government And Regional Security Safeguard Team Supervision (TP4D) In Prevention Criminal Corruption
Authors: Sarwanto Sarwanto , Wahyuningsih Sri Endah
Published: September 2020

The Attorney General of Indonesia issued regulation No Per014 / A / JA / 11/2016. About the guards and security of the government and regional development.This research aims to know and analyze the role of the Government and Regional Development Guards and Security Team in the prevention of corruption, how effective the TP4D is in carrying out its duties and authorities, and what obstacles are found in the field in relation to the duties and authority of the Government and Regional Development Guard and Security Team and how is the solution in providing legal assistance to government administrators to prevent the occurrence of criminal acts of corruption.The research method used is juridical sociology by using primary and secondary data. Primary data collection techniques carried out by interviews, and secondary data by reading, studying and analyzing primary legal materials, secondary legal materials, tertiary legal materials with qualitative analysis techniques, interpreted logically and systematically and drawn conclusions.The conclusion in this study is that the role of the government security guard and regional development (TP4D) team in preventing corruption is passive based on requests from government agencies. The legal product from TP4D is a legal opinion both incidentally and ongoing legal assistance according to the request of government agencies.Keywords: Prosecutors' Office; TP4D; Corruption.
Protection Analysis Of Children Rights That Was Born From The Rape Causing (Study in State Court (PN) in Ex-Residency Cirebon Jurisdiction)
Authors: Kusnandar Endang , Mashdurohatun Anis , Dwi Istinah Siti Rodhiyah
Published: September 2020

Criminal cases of rape very much creates difficulties in solving both at the stage of investigation, prosecution, or at the stage of the imposition of the verdict. The problems of this study are: forms of legal protection given to the rights of Children Which Born fom rape victims in Ex Residency Cirebon Jurisdiction and constraints in the implementation of the provision of legal protection against rape victims in Ex Residency Cirebon Jurisdiction and solutions.The method used by researchers is normative juridical law approach and specification in this study were included descriptive analysis. The source and type of data in this study are primary data obtained from field studies with interview members of the Police of Ciwaringin Cirebon, And secondary data obtained from the study of literature.Based on the results of research that as is the case in jurisdictions other areas, merely enacted regional regulation on Child Protection, but the regulation is not set up for a child born to mothers who were raped or pregnancy due to rape, as well as court decisions, no one has noticed the rape victims who become pregnant as a result of rape, either already known or unknown since the trial process after the imposition of the verdict (ponis), as well as the Agency duties and authorities are not up to provide protection to Children Which Born from rape, but the child of such status as well as victims. Obstacles such as the difficulty to obtain information from the victim because of the victim's mental condition of the child, still quite a lot of people who are reluctant to testify as a witness, investigators have no children, as well as the infrastructure is not yet complete. To overcome the obstacles faced by those already undertaken several measures, among others cooperate with relevant agencies to provide protection and assistance to child victims of rape, bring in psychologists to recover the child's mental disturbed for being a victim of rape cases, as well as trying to convince the witness that willing to give information and not to be afraid to provide testimony.Keywords : Rights Protection; Children; Rape.
The Strength of Proof of Telephone Tapping As Electronic Evidence in Revealing Corruption Cases
Authors: Wigana Aga Wigana , Maryanto Maryanto
Published: September 2020

This study try to answer the question: 1) Why is the wiretapping in investigations of corruption, 2) How wiretapping conducted in the investigations conducted by investigators of corruption, connected with the legal provisions in force of Indonesia 3) In the circumstances of how the interception of the telephone as electronic evidence can be accepted as evidence legitimate in the proof of corruption cases. This research using normative juridical approach, with specification of descriptive analytical research. The data used in this research is secondary data obtained from books and scientific papers as well as data tertiary derived from articles and Internet news, dictionaries legal and material outside the legal field which is then analyzed qualitatively using equity theory, the theory of punishment, the theory of legal certainty and the theory of legal protection.Results of the discussion concluded that Wiretapping (Interference) by phone is required to disclose the existence of corruption are the modus increasingly diverse, particularly for evidence of bribes or gratuities are not reported, the constraints are rules about wiretapping not been clearly defined, especially for police investigators and investigators prosecutors, therefore it needs to be regulated in Law on wiretapping which contains a complete 'authority, mechanism or procedure for tapping activities and results, in addition to tapping activities undertaken should continue to promote the values of human rights of citizens, in addition to telephone tapping can be accepted as valid evidence in trial of corruption cases, if the principles of retrieval and storage of electronic data (chain of custody) maintained to ensure its validity as electronic evidence in proving the case in court.Keywords: Strength of Evidence; Tapping; Electronic Evidence; Corruption.
Police Role In The Effort Management And Control The Fight Between Youth In Making Public Order In The Blora Regency
Authors: Arifin Zaenul , Sukarmi Sukarmi
Published: September 2020

Group fights criminal acts defined as crimes of violence together as provided for in Article 170 of the Criminal Code. Data from Blora Regency police indicate that a fight between youth always the case in every year in the Blora Regency. This study aims to determine the role of the police in handling and overcoming a fight between youth, barriers and solutions in realizing the public order in Blora. The method used is the juridical sociological, descriptive analytical research specifications. The data used are primary data and secondary data, while the data collection method is field studies and literature. Using data analysis methods of qualitative analysis. The analysis used as knife crime prevention theory, theory and the theory of the role of law enforcement. The results showed that the role of the police in handling and overcoming a fight between youth in realizing the public order in Blora is through the efforts of non penal (preventive) and attempts penal (repressive). Barriers arising in the treatment and prevention of fights between youth to realize the public order in Blora is the number of police personnel limited, the police difficult to present witnesses so that not all the perpetrators can be arrested, the third party to interfere in the settlement of the problem, and the lack of awareness Public.Keywords: Role; National Police; Prevention; Fights Between Youth.
Legal Enforcement by the Police against Child of Criminal Doer of a Traffic Accident Who Caused Death (Case Study in Traffic Accident of Police Traffic Unit of Cirebon City Police Juridiction)
Authors: Susanto Anton , Maerani Ira Alia , Maryanto Maryanto
Published: September 2020

The problems of this study were 1) the process of resolving the crime of traffic accident committed by a child which causing death in Jurisdiction Police Cirebon, 2) the difference between the completion of the crime of traffic accident by a child which causing death by perpetrators of adults in Police Cirebon City? 3) consideration of the law by the police in the Cirebon City Police enforcement of laws against the crime of traffic accident causing death committed by a child.The method used is research that combines Juridical and Empirical. The source of research data derived from primary data and secondary data obtained by collecting documents and interviewing criminal cases with informants.Based on research findings conducted by researchers regarding law enforcement in case of a traffic accident causing death committed by minors resolved with the criminal justice process method to process outside the criminal justice and restorative justice approach that is Diversion. Based on Act No. 11 of 2012 on the Criminal Justice System Child involvement of multiple stakeholders in the settlement became a mandatory provision. Constraints law enforcement officials in the execution of diversion itself is the factor of legal, officials law enforcement factors, community factors and factors of facilities and infrastructure.Keywords: Law Enforcement; Police; Accident; Traffic; Child.
Criminology Study Of Crime Of Fencing The Stolen Goods
Authors: Supriyono Supriyono
Published: September 2020

Criminal offense is regulated in Article 480 of the Criminal Code, Article 481 and 482 of the Criminal Code. Criminal detention is an act that is prohibited by law, because detention is obtained from crime. Criminology perspective plays an important role in studying fencing acts as a form of criminal action by looking at the elements inherent in criminal acts of detention. The formulation of the problem in this research is how Criminology review in the criminal act of holding stolen goods? In this study the authors used a normative juridical method with research specifications in the form of descriptive analysis. The data used for this research are primary and secondary data taken by field observation, interviews, and literature study. Based on the research, it can be concluded that the criminology point of view shows legal efforts for the crime in the form of composing legislation (criminalization process) in the form of legal products in the laws governing criminal offenses stipulated in Criminal Code Article 480-482, in the scope of criminology as criminal etiology in criminal offenses namely internal and external factors.Keywords: Criminology; Criminal Offense; Stolen Goods.
The Role Of Visum Et Repertum As A Provision Effort On Criminal Financing
Authors: Sukaryono Lilik Eko , Purnawan Amin
Published: September 2020

In the process of investigating criminal cases of persecution relating to the body, health, and human lives, it requires the assistance of a medical expert. The assistance of a doctor with his medical science of justice as stated in the Visum et repertum which he made is absolutely necessary. The formulation of the problem that was formed in this study is how the role of visum et repertum as evidence in the implementation of court cases of persecution in the Blora State Court, and what obstacles and solutions that occur in the form of evidence visum et repertum in cases of criminal abuse. Juridical sociology as an approach method used in this study with research specifications with descriptive methods. The data used consisted of primary data and secondary data using interview and literature study methods. Based on the research it was concluded (1) The role of Visum et repertum in the case of mistreatment in case decision number 184 / Pid.B / 2018 / PN Bla, the judge weighed on the elements in Article 351 paragraph 1 of the Criminal Code in which the result was a feeling of discomfort, pain or injury, which is based on evidence in the form of Visum et repertum on the victim's body. (2)Obstacles in proving in the form of visum et repertum in cases of torture include the qualification of wounds based on the legal needs confusing a doctor, standardization of the determination of the degree of injury to be poured on the Visum et repertum, Provisions for the signing of the post visum et repertum letter by the doctor, Request for visum et repertum which is lacking / incomplete, Visum Request Letter arrives late.�Keywords: Visum Et Repertum; Evidence; Criminal Acts Of Persecution.
Judgment Considerations Policy In Decree Of The Court Criminal Statement Based On Criminal Destination
Authors: Ardiyanto Sulistiyawan Doni , Soponyono Eko Soponyono , Sulchan Achmad
Published: September 2020

Crime theft is usually influenced by several factors, such as livelihoods with neatly organized networks or syndicates or some that do so due to economic pressures that force the offender to commit the crime because in his mind there is no longer a way out other than stealing. The formulation of the problem in this research is What is the judge's judgment policy in deciding cases of theft based on criminal destinations in the Draft Law of the Criminal Code, and in Act No. 48 On judicial power ?. The method of approach used is sociological juridical. This type of research is descriptive method. Source of data used from primary and secondary data. In this case the judge in providing a criminal decision must provide the benefit of the convicted person to undergo his conviction and life after leaving the prison to return to the community again. Because the provision of an unfair criminal will affect the survival of the convicted person. The purpose of punishment is as a judge's consideration in deciding the theft of criminal case which is supported by a juridical element in Article 56 of the Criminal Code Bill, and Act No.48 of 2009 On Judicial Power in Article 5 paragraph (1) and Article 8 paragraph (2).Keywords: Judge's Considerations, Theft of Crimes, Criminal Purpose.
Analysis Of Judicial Policy In Deciding Criminal Acts Based Alternative Indictment (Case Study Decision Number 82 / Pid.B / 2019 / PN.Blora)
Authors: Edie W Nur Dwi , Gunarto Gunarto
Published: September 2020

In the criminal justice system process the judge plays a role in implementing the decision in which the decision was taken in consideration of the indictments by the prosecutors. In alternative indictments each indictment is mutually exclusive. The judge will choose one of the charges proven according to his conviction. Therefore the alternative indictment is also called the indictment of choice (keuze telastelgging). This research formed the formulation of the problem namely how is the juridical implication of alternative forms of indictment in case number 82 / Pid.B / 2019 / PN.Blora and what is the basis of the judge's judgment in deciding case Number 82 / Pid.B / 2019 / PN.Blora with alternative indictment. This research uses juridical sociological methods with descriptive analysis research specifications. The data used for this study are secondary data with field observation methods and literature and document studies. Based on the research it was concluded (1) the preparation of the indictment in the case of verdict number 82 / Pid.B / 2019 / PN Bla based on Article 378 of the Criminal Code, with an alternative Article 372 of the Criminal Code. In this case, the element that eliminates one another is about the "existence" of the goods in the possession of the defendant. (2) In decision number 82 / Pid.B / 2019 / PN Bla, the judge considers that based on the legal facts revealed in the trial the defendant violated the criminal provisions as in the Second Indictment of alternative charges Article 378 of the Criminal Code Jo Article 64 paragraph 1 of the Criminal Code.�Keywords: Judge Policy; Criminal Decisions; Alternative Indictments.