Articles
<![CDATA[EVALUATION OF THE APPLICABILITY OF INDONESIAN CRIMINAL PROCEDURE CODE ]]>
<![CDATA[ROYANI, ACHMAD]]>;
<![CDATA[ISNAINI, ENIK]]>;
<![CDATA[WINARNO, JATMIKO]]>
<![CDATA[ Jurnal Independent Vol. 10 No. 2 (2022): Jurnal Independent ]]>
Publisher : <![CDATA[Universitas Islam Lamongan ]]>
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DOI: 10.30736/ji.v10i2.178
<![CDATA[AbstractionEven though it was promulgated more than 40 years ago, the Criminal Procedure Code(KUHAP) is still the main reference for the operationalization of the criminal justice systemin Indonesia. During the same period, the practice of criminal procedural law developed sorapidly and slowly revealed imperfections in the basic building and design of the criminaljustice system regulated in the Criminal Procedure Code. The Criminal Procedure Codeaudit was prepared with the aim of providing a complete portrait of the problematicIndonesian criminal procedural law based on factual evidence in judicial practice. In the firstpart, the context of the analysis is aimed at regulatory gaps and deviations shown at theimplementation level. The basic assumptions built regarding the integrity and integration ofthe Indonesian criminal justice system are tested by basing them on empirical research andobservation, including an in-depth review of court decisions. This research also records thecurrent dynamics of criminal procedural law which are translated, formed, and reinterpretedby the courts, including through cases tried by the Supreme Court and the ConstitutionalCourt.]]>
<![CDATA[REGULATION OF FINGERPRINTING IN CRIMINAL CASES IN INDONESIA: AUTHORITIES AND LIMITATIONS ]]>
<![CDATA[SUISNO, SUISNO]]>;
<![CDATA[ISNAINI, ENIK]]>;
<![CDATA[ROYANI, AHMAD]]>;
<![CDATA[ROCHMAWANTO, MUNIF]]>;
<![CDATA[MULJONO, BAMBANG EKO]]>
<![CDATA[ Jurnal Independent Vol. 11 No. 1 (2023): Jurnal Independent ]]>
Publisher : <![CDATA[Universitas Islam Lamongan ]]>
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DOI: 10.30736/ji.v11i1.214
<![CDATA[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).]]>
<![CDATA[Enforcement of the Crime of Money Laundering in Digital Financial Transactions ]]>
<![CDATA[Ningtias, Ayu Dian]]>;
<![CDATA[Sastradinata, Dhevi Nayasari]]>;
<![CDATA[Isnaini, Enik]]>;
<![CDATA[Suisno]]>
<![CDATA[ Jurnal Independent Vol. 11 No. 2 (2023): Jurnal Independent ]]>
Publisher : <![CDATA[Universitas Islam Lamongan ]]>
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DOI: 10.30736/ji.v11i2.265
<![CDATA[Abstract These financial crimes can range from theft, fraud to taking advantage of other parties in the financial industry, for example: account theft, ATM browsing, credit card fraud, fake draws. Several cases of terrorist financing use digital payments as a means of online funding. There is also evidence that corrupt actors use digital payments to hide the proceeds of their crimes. This situation can certainly threaten economic stability and the integrity of the financial system. Therefore, a comprehensive regulatory framework through the establishment of.fintech legislation needs to be developed to maintain the integrity of digital payments and strengthen the government's regulatory function. Terrorist financing is even included in financial crimes: apart from hiding and protecting the origins of the proceeds of crime, it is also included in financial crimes in the money laundering group.]]>
<![CDATA[Limitation of State Control Rights over Natural Resources in Renewable Energy Management ]]>
<![CDATA[Ningtias, Ayu Dian]]>;
<![CDATA[Rochmawanto, Munif]]>;
<![CDATA[Isnaini, Enik]]>;
<![CDATA[Cahyani, Nurma]]>
<![CDATA[ Jurnal Independent Vol. 12 No. 1 (2024): Jurnal Independent ]]>
Publisher : <![CDATA[Universitas Islam Lamongan ]]>
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DOI: 10.30736/ji.v12i1.305
<![CDATA[Abstract The concept of new energy management policy and renewable energy in maintaining national energy security through the first three properties, private property, namely ownership rights held by individuals or legal entities although it does not mean that it provides private ownership rights over certain natural resources but provides opportunities for individuals to manage natural resources to get certain benefits. Second, common property, namely ownership rights held by groups or can be referred to as "customary rights" in indigenous peoples in Indonesia. Third, state property, namely the right of ownership and control over natural resources is in the hands of the state, with the instrument of "right to control the state". Through government agencies, they can manage their own natural resources as well as SOEs. States can also grant authority to individuals or business entities or cooperatives or communities to manage natural resources.]]>
<![CDATA[The Position of The People’s Representative Council in the Indonesian Constitutional System ]]>
<![CDATA[Rochmwanto, Munif]]>;
<![CDATA[Isnaini, Enik]]>;
<![CDATA[Hadinata, Candra Tirta]]>
<![CDATA[ Jurnal Independent Vol. 13 No. 1 (2025): Jurnal Independent ]]>
Publisher : <![CDATA[Universitas Islam Lamongan ]]>
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DOI: 10.30736/ji.v13i1.363
<![CDATA[ABSTRACT This research is based on the fact that Indonesia is a country based on law as regulated in Article 1 Paragraph (3) of the 1945 Constitution. One of the principles of the State of Law is the guarantee of human rights. As a country with people's sovereignty, the state guarantees the rights of citizens, including freedom of expression in public. This research method uses a normative legal research type, with a legislative approach and a conceptual approach. From the results of the study, it can be concluded that from the perspective of a state based on law, freedom of expression in public is a constitutional right of every Indonesian citizen and as a guarantee of protection of human rights, so that its existence is guaranteed by law. Meanwhile, from the perspective of a democratic state, freedom of expression is a form of people's sovereignty, where the people must get broad participation space in determining government policies. Therefore, the law guarantees people's freedom as a form of people's sovereignty, but the way people's aspirations are conveyed must be based on legal provisions.]]>
<![CDATA[The Position of the Village Regulations in the Legal System in Indonesia ]]>
<![CDATA[Isnaini, Enik]]>;
<![CDATA[M. Yanto]]>;
<![CDATA[Ramadlan, Muhammad Andika]]>
<![CDATA[ Jurnal Independent Vol. 13 No. 1 (2025): Jurnal Independent ]]>
Publisher : <![CDATA[Universitas Islam Lamongan ]]>
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DOI: 10.30736/ji.v13i1.366
<![CDATA[ABSTRACT One of the principles of the rule of law is that governance must be based on the provisions of laws and regulations, including governance in villages must be implemented based on Village Regulations. Village Regulations are legal products in the village that are stipulated by the Village Head with the approval of the Village Consultative Body (BPD). As a legal product of the village, Village Regulations are used as the basis for organizing village governance. The type of research conducted is normative juridical with a statutory approach and a conceptual approach. The position of village regulations based on the provisions of Article 8 paragraphs (1) and (2) of Law Number 12 of 2011, is one type of statutory regulation, and its existence is recognized. And has binding legal force as long as it is ordered by higher statutory regulations or formed based on authority. The implementation of village governance must be implemented based on Village Regulations and other statutory regulations. Village regulations are formed as the basis for organizing village governance, one of which concerns the Village Revenue and Expenditure Budget (APBDes) which must be stipulated by Village Regulations. Village regulations are formed to be used as the basis for implementing development and implementing activities. others in the village so that Village Regulations exist in the implementation of village governance.]]>
<![CDATA[Legal Liability for Use of Electric Mouse Traps Causing Death ]]>
<![CDATA[Isnaini, Enik]]>;
<![CDATA[Royani, Ahmad]]>;
<![CDATA[Manggala Putera, M. Yuda]]>
<![CDATA[ Jurnal Independent Vol. 12 No. 2 (2024): Jurnal Independet ]]>
Publisher : <![CDATA[Universitas Islam Lamongan ]]>
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DOI: 10.30736/ji.v12i2.329
<![CDATA[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.]]>
<![CDATA[Legal Review of Consumer Protection Against Ilegal Internet Network Providers ]]>
<![CDATA[Nahdliyah, Hadziqotun]]>;
<![CDATA[Isnaini, Enik]]>;
<![CDATA[Anwar, Ahmad Brain]]>
<![CDATA[ Jurnal Independent Vol. 12 No. 2 (2024): Jurnal Independet ]]>
Publisher : <![CDATA[Universitas Islam Lamongan ]]>
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DOI: 10.30736/ji.v12i2.332
<![CDATA[ABSTRACT The development of technology that almost all require Internet access. The Internet plays an important role in the globalization process. With business opportunities, there are some internet network providers who run their businesses without paying attention to applicable regulations so that in the future it can cause losses that have an impact on internet network consumers who have subscribed to the internet network business actors. The formulation of the problem in this study is: How is the legal protection of consumers as victims of illegal internet network providers. This research method uses a normative legal research method using a legislative approach and a conceptual approach. The legal materials in this study are primary legal materials and secondary legal materials. The results of this study can be concluded that before subscribing to an internet network, prospective customers must know the regulations that have been regulated in Law Number 8 of 1999 concerning Consumer Protection in order to minimize losses, in the law it has been regulated regarding consumer rights and obligations. Internet network consumers who are negatively impacted by illegal internet network providers have the right to protection such as access to information and assistance, the right to compensation, law enforcement, and prevention of violations that may occur in the future.]]>
<![CDATA[Legal Review of the Defense of Forced Excess (Noodweer Exces) in the Crime of Assault in Decision No. 4/Pid.B/2024/PN JNP ]]>
<![CDATA[Nugroho, Fajar Seto]]>;
<![CDATA[Isnaini, Enik]]>;
<![CDATA[Sofyan, Mohammad Riyadi]]>
<![CDATA[ Jurnal Independent Vol. 12 No. 2 (2024): Jurnal Independet ]]>
Publisher : <![CDATA[Universitas Islam Lamongan ]]>
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DOI: 10.30736/ji.v12i2.334
<![CDATA[ABSTRACT Noodweer excess is a condition where a person commits an unlawful act as a form of forced defense that exceeds the limit due to a threat or sudden attack. The justification for Noodweer excess is regulated in Article 49 paragraph (2) of the Criminal Code which allows the judge not to impose a sentence if there is a legitimate reason for self-defense, so that the defendant can be released from the clutches of the criminal code. This also becomes the legal basis for the judge in decision Number 4 / Pid.B / 2024 / PN JNP to provide an acquittal for the defendant who has been proven to have committed a crime that resulted in the death of a person. Based on the background above, the author proposes a formulation of the problem, namely; first, how is the regulation of forced defense beyond the limit (noodweer excess) in the Criminal Code?, second, how is the analysis of the judge's considerations in decision Number 4 / Pid.B / 2024 / PN JNP. This research method uses a normative legal research type, with a statutory approach and a conceptual approach. The legal materials used are primary legal materials including: Criminal Code and Decision Number 4/Pid.B/2024/PN JNP. From the results of the study, it can be concluded that: first, Article 49 paragraph 2 of the Indonesian Criminal Code (KUHP) regulates forced defense (noodweer excess) that exceeds the limit. The act is still against the law, but due to the conditions or reasons for the forced defense that exceeds the limit, the error is eliminated. Justifying and forgiving reasons can eliminate the criminal nature of an act. Second, Case Number 4/Pild.B/2024/PN. Jnp shows that the defendant cannot be punished because his actions meet the requirements of noodweer excess, as a response to threats with a knife from the victim. The defendant's actions are proven to meet the elements of forced defense that exceeds the limit which is carried out due to mental shock due to serious attacks or threats.]]>
<![CDATA[TERMINATION OF ACCURATE INVESTIGATIONS AND RESTORATIVE JUSTICE ]]>
<![CDATA[Suisno]]>;
<![CDATA[Isnaini, Enik]]>;
<![CDATA[Royani, Ahmad]]>;
<![CDATA[Arifah, Nur]]>
<![CDATA[ Jurnal Independent Vol. 10 No. 1 (2022): Jurnal Independent ]]>
Publisher : <![CDATA[Universitas Islam Lamongan ]]>
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DOI: 10.30736/ji.v10i1.348
<![CDATA[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.]]>
