Claim Missing Document
Check
Articles

Found 6 Documents
Search
Journal : Jurnal Independent

REGULATION OF FINGERPRINTING IN CRIMINAL CASES IN INDONESIA: AUTHORITIES AND LIMITATIONS SUISNO, SUISNO; ISNAINI, ENIK; ROYANI, AHMAD; ROCHMAWANTO, MUNIF; MULJONO, BAMBANG EKO
Jurnal Independent Vol. 11 No. 1 (2023): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v11i1.214

Abstract

AbstractIn the stage of the criminal case investigation process will be carried out through severalprocesses, one of which is by taking fingerprints. Fingerprints, which in English are calledfingerprints or ductyloscopy, are taken in the investigation process for further examinationof evidence that may be left at the scene of the crime. This research is a normative legalresearch that reveals two main problems, first: What is the legal basis for taking fingerprintsinrevealingcriminalacts,second,howistheauthorityofinvestigatorsintakingfingerprints to reveal criminal acts. In taking fingerprints until now there has been nospecific regulation, the name in the implementation of taking fingerprints of the Police isbased on Law Number 2 of 2002 concerning the republic police and Law Number 8 of 1981concerning criminal procedure law. And the authority of investigators in taking fingerprintsis contained in Article 15 letter h of the Law on the Indonesian National Police (Law of theRepublic of Indonesia Number 2 of 2002) Jo Article 7 paragraph 1 of the CriminalProcedure Code (KUHAP).
Elements of Possessing and Controlling Narcotics Class I Not Plants Article 112 Paragraph (1) of Law Number 35 of 2009 Concerning Narcotics (Study of Lamongan District Court Decision Number: 221/Pid.Sus/2021/PN.Lmg) Yanto, M.; Winarno, Jatmiko; Royani, Ahmad; Maftukhah, Fina Zuhrotun
Jurnal Independent Vol. 11 No. 2 (2023): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v11i2.239

Abstract

AbstractThe state of Indonesia is a state of law. This is stated in Article 1 paragraph (3) of the Constitution of the Republic of Indonesia Year 1945 (hereinafter referred to as the 1945 Constitution) as a result of the Third Amendment to the 1945 Constitution. The State of the Republic of Indonesian a state of law respects and protects those who are suspected or suspected of committing criminal acts by granting rights to them in an effort to prove whether the person concerned is really a criminal offender or not. Based on the elements of possessing and mastering, it can be concluded that the element of possessing Article 112 paragraph (1) of Law No. 35 of 2009 can mean that the perpetrator illegally took the item (narcotics) to be used as his possession. While the element of "control" can mean that the perpetrator may not be a narcotics but can perform other actions that show the perpetrator really has power over the item. Based on the description, the public prosecution should be able to accommodate the provisions of Article 127 paragraph (1) of Law Number 35 of 2009, so that there is an alternative charge Third to entangle the Defendant with three alternative charges, namely First: Article 114 paragraph (1), Second: Article 112 paragraph (1), and Third Article 127 paragraph (1) of Law Number 35 of 2009.
Legal Review of Decision No. 6/Pid.Sus-Anak/2023 of the Lamongan District Court regarding the Case of Drug Abuse by Children Royani, Ahmad; Nugroho, Fajar Seto; silvana, emilia
Jurnal Independent Vol. 12 No. 2 (2024): Jurnal Independet
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v13i2.322

Abstract

ABSTRACT Criminal acts of narcotics abuse by childern where judges do not provide rehabilitation because narcotics abuse committed by childern should be a diversion process in accordance with Law Number 11 of 2012 concerning the Childern Criminal Justice System. In cases of narcotics aburses by childern, there are several factors that can be the basis for the judge’s decision not to provide rehabilitation to drug abusing childern. The formulation of the problem in this study is what is the basis for the judge’s consideration of not providing rehabilitation to drug abusing childern. The result of this study are based on Article 1 of Law Number 35 of 2009 concerning Narcotics. Narcotics addicts and narcotics abusers who without rights and obligations againts the law as suspects and/or defendants in narcotics abusers who are undergoing the process of investigation, prosecution, and trial in court are given treatment, care, and recovery.
Legal Liability for Use of Electric Mouse Traps Causing Death Isnaini, Enik; Royani, Ahmad; Manggala Putera, M. Yuda
Jurnal Independent Vol. 12 No. 2 (2024): Jurnal Independet
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v12i2.329

Abstract

ABSTRACT In criminal law, offenses are divided into two, namely culpa (negligence) and dolus (intentional) offenses. The number of cases of death resulting from the installation of electrified rat traps that have occurred recently is due to the farmers' lack of awareness of the risks that can occur. This is a criminal act of negligence, in which the perpetrator causes the loss of life of another person. The provisions regarding the criminal offense of negligence that causes death are regulated in Article 359 of the Criminal Code. The installation of electric current that results in the loss of life of another person can be classified as a criminal act of negligence, where due to negligence the perpetrator electrified his rice field fence with high-voltage electric current resulting in the death of a person. Based on this background, the author proposes the formulation of the problem, namely the first is how the regulation of criminal acts of negligence according to the Criminal Code ?. And the second is how the legal sanctions against the perpetrators of the use of electrified rat traps that cause the victim to die ?. This research method uses normative juridical research type, with statutory approach (statue approach) and concept approach (concep) of law. From the results of the study it can be concluded that the Pengalturaln tindalk pidalnal keallpalaln according to the Criminal Code is dialtur dallalm palsall 359 Dimalnal dalpalt dipidalnalnyal oralng yalalebalbkaln maltinyal oralng lalin kalrenal kesallalhalnyal altalu keallpalalnyal. The legal sanction against the perpetrators of the use of electric rat traps is set forth in Article 50 paragraph (1) of Law No. 30 of 2009 Concerning Electricity is punishable by a maximum imprisonment of 10 (ten) years and a maximum fine of Rp.500,000,000.00 (five hundred million rupials). The falsification of electric current which results in the downtime of traffic in the dalpalt is classified as one of the acts of pidalnal negligence. The punishment for the use of electric rat traps that caused the death of a jugal victim has been regulated in several articles of Article 359 of the Criminal Code with a penalty of imprisonment of at least one year and a penalty of imprisonment of at least one year. Thus it is hoped that the importance of awareness of the applicable legal regulations in order to create a safe and peaceful environment which is the goal of the law itself.
Review of the BPHTB Collection System in the Transfer of Land and or Building Rights according to Lamongan Regency Regulation No. 10 of 2023 concerning Regional Taxes Muljono, Bambang Eko; Royani, Ahmad; Sri Widayanti, Nurul Mahmuda
Jurnal Independent Vol. 12 No. 2 (2024): Jurnal Independet
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v12i2.333

Abstract

ABSTRACT Land and Building Acquisition Fee (hereinafter abbreviated as BPHTB) according to Law No. 1 of 2022 in Article 1 paragraph (37) states "Land and Building Acquisition Fee, hereinafter abbreviated as BPHTB, is a tax on the acquisition of land and/or building rights". The BPHTB collection system is calculated and paid by the taxpayer himself, namely with the Self Assessment System. In Lamongan Regency, Article 16 paragraph (1) of Lamongan Regency Regulation Number 10 of 2023 concerning Regional Taxes and Regional Retributions explains that PPAT/Notary requests proof of BPHTB payment from taxpayers, indicating that there are characteristics of a self-assessment system where BPHTB tax must be paid by taxpayers. In the Lamongan Regency Regulation, BPHTB payments are made electronically. In practice, this system is still mixed with the official assessment system in terms of research and calculation of BPHTB owed and then the supervision process by the government/fiscus carried out by the Lamongan Regency Regional Revenue Agency. Bapenda supervises if there is a discrepancy in the calculation, a tax underpayment letter will be issued which must be paid by the taxpayer, so that the self-assessment system is not fully running. This study uses a normative legal research method (normative law). The normative legal research method is a scientific research procedure to find the truth based on the logic of legal science from its normative side. In this normative research, the analysis method used is a qualitative approach by collecting data and materials needed through literature studies either through books, articles, journals or internet media. The results of this study are the system in collecting BPHTB, namely the self-assessment system, which still has the involvement of the fiscus/government in the BPHTB payment process, namely the official assessment system.
TERMINATION OF ACCURATE INVESTIGATIONS AND RESTORATIVE JUSTICE Suisno; Isnaini, Enik; Royani, Ahmad; Arifah, Nur
Jurnal Independent Vol. 10 No. 1 (2022): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v10i1.348

Abstract

Abstraction Restorative Justice accommodates the interests of the parties, including the victim, because the victim in this case is involved in determining the sanctions for the perpetrator. Restorative Justice returns conflict to the most affected parties (victims, perpetrators and “their community”) and gives priority to their interests. Restorative justice seeks to restore the victim's safety, personal respect, dignity, and more importantly a sense of control. By adhering to the paradigm of restorative justice, it is hoped that the loss and suffering suffered by the victim and his family can be recovered and the guilt burden of the perpetrator of the crime can be reduced because he has received forgiveness from the victim or his family.
Co-Authors Abdul Khalik Ahyar, Mohamad Ahyar Ma'arif Alawiyah, N Lalah Alhaq, Muhammad Faiz Ali Alamsyah Kusumadinata Amartiwi, Ratna Yudia Ana Susanti Andi Rosa Anugrah, Mudea Dwi Anwar, Ivana Ismia Arinalhaq, Muhammad Syauqi Ataska, Sabrina Salsabilla Bilqis , Tri Dewi Chotib, Moch. Cuhandi Dadan Mardani Dewi N, Aulia Susiani Kesuma Djuarni S.N., Anissa Erta Mahyudin Fachry Abda El Rahman Fakhri Nurfauzan, Muhammad Farhah, Ourora Nida Fauzan, Fatta Muhammad Fudhaili, Achmad Gadang Priyotomo Hadi Gunawan, Hadi Hanifah, Niken Nur Harahap, Maisaroh Hassan Sain, Zohaib Hepni Hepni Heri Nugraha Hijjah, Shifany Maulida Himmah, Asmi Faiqatul Holilah, Mega Nur Humaidi, Rifan Husniah Ida Ayu Putu Sri Widnyani Iis Susiawati Insani, Razik Isnaini, Enik Jayadi, M. Irwan Kisno Umbar Lestari, Silva Intan Maftukhah, Fina Zuhrotun Maknun, Lu’luil Manggala Putera, M. Yuda Mas'ud, Muhammad Masrukhin Muhsin Maulidya, Reza Anis Maya, Aris Mohamad Ahyar Ma'arif Muafia, Evi Mufrihani, Nurul Muhammad Faizal A Ghani Muhammad Junaidi Muhbib Abdul Wahab Muhith, Abd. Muljono, Bambang Eko Munawwaroh, Izzatul Mursalim Mustajab N. Lalah Alawiyah Nafisa'ah, Salsabila Naila Himmah, Shabrina Nawawi, Mukhshon Nugroho, Fajar Seto NUR ARIFAH Nuraini, Lutviasari Nur’Aini, Tsamroh Nurul Mufidah, Vika Nurwijayanti Palaloi, Zakiyah Pangestu, Puji Sumeh Prifiharni, Siska Rahman, Akmal Fadilah Rahmawati, Caca Anisa Raswan Raswan, Raswan Riayatul Husnan Rihlah, Rihlah Rochmawanto, Munif Rohmatallah, Syahru Sholahuddin Al Ayubi silvana, emilia SOFYAN TSAURI Sri Widayanti, Nurul Mahmuda Suisno Suisno, Suisno Sultoniyah, Luluk Sundjono, Sundjono Swarna, Muhamad Fauzi Syamsul Bahri Tahmid, Ryan Wildani Triwardono, Joko Ubaid Ridlo Undang Suryatna Wati Susiawati Winarbo, Mizaluna Diazurry Winarno, Jatmiko Yanto, Muhammad Zahra, Nabila Himmatina