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Rochmawanto, Munif
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Humanities Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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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).
Application of Human Rights Principles in the Formation of Draft Laws Concerning the Civil Code Muljono, Bambang Eko; Rochmawanto, Munif; Tjahjani, Joejoen
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.v11i2.266

Abstract

Abstract As a rule of law, Indonesia has an obligation to guarantee people's welfare through law. Good legislation is legislation that has a basis or foundation called Grundnorm. Grundnorm is a foundation for forming laws that have the value of justice. Apart from that, good laws and regulations must fulfill principles and concepts, protect human rights, and must pay attention to community participation. Because the purpose of forming laws and regulations is to protect the public. This research aims to find out how good legislation is formed and how the community participates in implementing the formation of legislation. In forming laws and regulations, various aspects must be taken into account. This is so that the aim of forming legislation can be achieved and does not injure the rights of the Indonesian people. The formation of laws and regulations must be democratic, aspirational and participatory. Standard Norms and Regulations (SNP) on Human Rights is a document which is an implementable explanation of various human rights instruments, both international and national, as well as human rights norms which continue to develop dynamically, to suit the context and events, especially in Indonesia. Standard Norms and Regulations regarding the Right to Obtain Justice are expected to become references and guidelines in carrying out discussions and amendments to the Draft Criminal Code.
Limitation of State Control Rights over Natural Resources in Renewable Energy Management Ningtias, Ayu Dian; Rochmawanto, Munif; Isnaini, Enik; Cahyani, Nurma
Jurnal Independent Vol. 12 No. 1 (2024): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v12i1.305

Abstract

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.
Age Limit For Presidential and Vice Presidential Candidates in the Constitutional Court Decision Number 90/PUU-XXI/2023; A Legal Approach Rochmawanto, Munif; Suisno; Sakuroikan, Zainal Hamdan
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.v13i2.328

Abstract

ABSTRACT The Constitutional Court decision Number 90/PUU-XXI/2023 has sparked controversy. The reason is, many parties are linking this decision with the son of the President of the Republic of Indonesia who will be a Presidential Candidate in 2024, namely Gibran Raka Bumingraka, who is still under 40 years old. As for the discussion of this research, the researcher focuses on discussing the considerations of Constitutional Court judges in decision Number 90/PUU-XXI/2023 regarding the age limit for Presidential-Vice Presidential Candidates, and how the juridical review of the considerations of Constitutional Court judges in decision Number 90/PUU-XXI/2023 regarding the age limit for presidential and vice presidential candidates. The type of research in writing this thesis is normative legal research, with a statutory approach (statue approach). The results of this research are as follows; First, in consideration of the Constitutional Court decision Number 90/PUU-XXI/2023 there are different reasons (concurring opinion) from 2 (two) Constitutional judges, namely; Constitutional Justice Enny Nurbaningsih and Constitutional Justice Daniel Yusmic P. Foekh, and there are also different opinions (dissenting opinion) of 4 (four) Constitutional Justices, namely; Constitutional Justice Wahiduddin Adams, Constitutional Justice Saldi Isra, Constitutional Justice Arief Hidayat, and Constitutional Justice Suhartoyo. Second, the decision of the Constitutional Court Number 90/PUU-XXI/2023 is not in line with Article 51 Paragraph (3) letter b of Law Number 24 of 2003 concerning the Constitutional Court, which regulates the material review of the content of paragraphs, articles and/or Parts of the Law that are deemed to be in conflict with the 1945 Constitution may be requested to be declared as having no legal binding force.
CRIMINATION AS A LAST EFFORT IN A CHILD CRIMINAL JUSTICE SYSTEM REFLECTING THE PRINCIPLE OF RESTORATIVE JUSTICE Winarno, Jatmiko; Tjahjani, Joejoen; Rochmawanto, Munif; Imam Putri, Intan Dwika
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.v10i1.342

Abstract

Abstraction Diversion aims to achieve peace between victims and children, resolve cases of children outside the judicial process, prevent children from deprivation of independence, encourage the community to participate and instill a sense of responsibility in children. Diversion must be carried out at every stage starting from the level of investigation, prosecution and examination at the District Court. Diversion is said to be successful if there is an agreement, and the case can be stopped and restorative justice is achieved, whereas if the diversion is not successful then the case is continued until the child is sentenced.
Co-Authors Cahyani, Nurma Imam Putri, Intan Dwika Isnaini, Enik Muljono, Bambang Eko Ningtias, Ayu Dian Royani, Ahmad Sakuroikan, Zainal Hamdan Suisno Suisno, Suisno Tjahjani, Joejoen Winarno, Jatmiko