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Winarno, Jatmiko
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Humanities Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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EVALUATION OF THE APPLICABILITY OF INDONESIAN CRIMINAL PROCEDURE CODE ROYANI, ACHMAD; ISNAINI, ENIK; WINARNO, JATMIKO
Jurnal Independent Vol. 10 No. 2 (2022): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v10i2.178

Abstract

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.
A COMPARATIVE STUDY OF JUDICIAL RESTRAINT AND ACTIVISM ON THE MATERIAL REVIEW OF PRESIDENTIAL THRESHOLD IN THE CONSTITUTIONAL COURT NAHDLIYAH, HADZIQOTUN; SASTRADINATA, DHEVINAYASARI; WINARNO, JATMIKO; TJAHJANI, JOEJOEN; YANTO, M.
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.v11i1.213

Abstract

AbstractThe doctrine of Judicial Restraint and Judicial Activism has become a debate indemocraticcountriesondecisionsrelatedtothepresidentialnominationthreshold(presidential threshold) made by the Constitutional Court. In the application of judicialrestraint, judges are more self-limiting in deciding a case and are more restrained in theirauthority, in contrast to judicial activism which is more active and brave in providing newlegal breakthroughs on the norms being tested. In this paper, the formulation of the problemto be discussed is How the Decision of the Constitutional Court Judges Applying the Doctrineof Judicial Restraint Against the Presidential Threshold Lawsuit in the Presidential Electionand the Development of Democracy in Indonesia and How the Relationship between theDecision of the Constitutional Court Judges Using the Doctrine of Judicial Activism Againstthe Presidential Threshold Lawsuit in the Presidential Election and the Development ofDemocracy in Indonesia. This paper also uses normative legal research methods, which is aprocess to analyze legal rules, legal principles and legal doctrines. The problem approach inthis writing is the statute approach and conceptual approach.
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.
Consumer Protection In Power Purchase Agreement In Standard Agreement Perspective Muljono, Bambang Eko; Sastradinata, Dhevi Nayasari; Winarno, Jatmiko; Rupawanti, Nadia
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.v12i1.304

Abstract

Solar energy provides consumers with the ability to generate their own electricity, Indonesia has 0.31 GW of solar power capacity, just shy of 0.03 percent of its total solar potential. Looking forward, the country plans to add up to 4.5 GW of solar capacity by 2030 in the PLN's Electricity Business Plan (RUPTL) 2021-2030, In the power purchase agreement, the above is not clearly stated in the clauses of the agreement, so it can cause multiple interpretations. The balance of the position of the parties in the standard power purchase contract between PT. PLN (PERSERO) with customers has not yet been fully realized. This is indicated that there are still articles in the power purchase agreement between PT. PLN (PERSERO) with customers, which are articles that only prioritize the interests of PT. PLN (PERSERO), which in this case is the party making the standard agreement. The Consumer Protection Law does not regulate Standard Agreements but regulates the contents of standard agreements called Standard Clauses.
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 Achmad Royani Imam Putri, Intan Dwika Isnaini, Enik Maftukhah, Fina Zuhrotun Muljono, Bambang Eko Nahdliyah, Hadziqotun Rochmawanto, Munif Royani, Ahmad Rupawanti, Nadia Sastradinata, Dhevi Nayasari SASTRADINATA, DHEVINAYASARI Tjahjani, Joejoen Yanto, M.