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All Journal Journal of Indonesian Legal Studies Jurnal Hukum dan Pembangunan
Prakarsa, Aliyth
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Law, Crime, Criminology & Criminal Justice

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MENGKAJI PENERAPAN SANKSI PIDANA DALAM PENCEGAHAN PENYEBARAN COVID-19 DI INDONESIA Prakarsa, Aliyth; Herli, Dadang; Yulia, Rena
Jurnal Hukum & Pembangunan
Publisher : UI Scholars Hub

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Abstract

The police in handling policies that are applied in an emergency period use criminal sanctions, meanwhile, the police also need to provide education and legal protection for the community when there are repressive efforts from the police in enforcing government policies through the Chief of Polices Declaration. The specific target to be achieved is to examine the application of the Chief of Polices Declaration in the application of the contents of the edict that contains criminal sanctions and examine its effectiveness in its application. The method used in this study is a normative and empirical legal research method. Normative research is carried out by reviewing library data which is secondary data, in the form of government policies in handling the Corona Virus Disease (Covid-19) Public Health Emergency which is then related to the application of the Decree of the Chief of the Police of the Republic of Indonesia Number: Mak/2/III/2020 concerning Compliance with Government Policy in Handling the Spread of the Corona Virus (Covid-19) in an effort to enforce it through legal channels by means of criminal sanctions.
PERLINDUNGAN HUKUM TERHADAP KORBAN KEJAHATAN PADA PROSES PENYELIDIKAN DAN PENYIDIKAN DALAM SISTEM PERADILAN PIDANA Yulia, Rena; Herli, Dadang; Prakarsa, Aliyth
Jurnal Hukum & Pembangunan
Publisher : UI Scholars Hub

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The police is the first and main gate in the process of law enforcement. Crime victims will report or complain about the criminal incident they experienced to the police. For reports or complaints of victims, the police will conduct an investigation to find and even that is suspected of being a criminal offense in order to determine whether or not an investigation can be conducted. In the process of investigation, victims are often treated as witnesses, or even reported. Victims are given entrapment questions and the attitude of the police treat victims not as victims. The victim becomes secondary victimization. This paper will examine how legal protection for crime victims on police investigation process in criminal justice system.
Harmonizing Adat Obligations and State Law: A Case Study of Murder and Rape Cases in Baduy’s Indonesia Yulia, Rena; Prakarsa, Aliyth; Bustami, Mohammad Reevany
Journal of Indonesian Legal Studies Vol 8 No 2 (2023): Contemporary Issues on Law, Development, and Justice: Indonesian Context and Beyo
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v8i2.72283

Abstract

This study endeavors to examine the execution of adat obligation fulfillment within the Baduy adat society, specifically in cases involving the murder and rape of Baduy girls in 2019. The primary focus is on scrutinizing how the Baduy adat institution has undertaken the fulfillment of adat obligations in these cases and its alignment with the provisions outlined in the New Criminal Code. Employing a normative-sociological research methodology, both secondary and primary data were utilized, including a comprehensive literature review and field studies conducted through interviews with traditional leaders in Baduy. The imperative nature of this research lies in its investigation into the applicability of positive law within the Baduy adat area, coupled with the implementation of adat obligations and the restoration of cosmic balance within Baduy society following the repercussions of crimes within the Baduy adat jurisdiction. The distinctive contribution of this research lies in its exploration of the fulfillment of adat obligations applicable in Baduy, particularly in cases involving the murder and rape of Baduy girls, and its correlation with the regulations of the New Criminal Code. The research findings underscore that perpetrators of the mentioned crimes are subject to penalties under both positive criminal law (imprisonment) and Baduy's adat law, where an adat obligation mandates them to marry the victim. Notably, the implementation of sanctions from both state and adat law occurs concurrently, despite originating from distinct institutional frameworks. In conclusion, the fulfillment of adat obligations, as orchestrated by Baduy's adat law, aligns with the regulations in the New Criminal Code. However, the execution of adat obligations in accordance with the New Criminal Code necessitates a court decision. Consequently, the role of the adat institution assumes critical importance concerning its relevance and authority in sanctioning within the implementation of adat obligations.
Co-Authors Bustami, Mohammad Reevany Herli, Dadang Rena Yulia