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Teknik Pembuatan Pledoi dan Memori Banding di Rumah Tahanan Negara Kelas I Surakarta Kurnianingsih, Marisa; Hananto, Avip Rusdi; Saputra, Cahya Handy; Iksan, Muchamad
Educommunity Jurnal Pengabdian Masyarakat Vol. 2 No. 2 (2024)
Publisher : CV. Edutechnium Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71365/ejpm.v2i2.72

Abstract

A plea is a form of defense carried out by the defendant and his legal advisor containing responses relating to the demands or accusations of the public prosecutor, as well as matters that can mitigate the sentence and truths that support the defendant. This is regulated in Article 182, paragraph (1) of the Criminal Procedure Code. A plea, also known as a defense, is made in writing and read out during the trial. The purpose of the defendant in filing a plea is as a request to be granted a verdict of acquittal from all legal charges or to ask for leniency in sentence. Apart from the plea, after the case is decided, the defendant still has the right to take legal action in order to achieve justice, namely an appeal. The appeal is carried out with the aim of re-examining the case that has been decided by the judge at the first-level court, whether it is in accordance with the rules or whether there are irregularities in the first-level decision. This community service activity helps defendants to provide an understanding of the rights that defendants are entitled to in criminal justice through pleadings and legal appeals. This activity takes the form of legal empowerment, where defendants in the Surakarta Class I Detention Center are taught how to prepare pleadings and appeal memorandums properly and correctly in order to achieve the fairest possible justice and to better understand the demands of the public prosecutor and the first-level judge's decision.
Increasing Understanding Regarding Free Legal Aid in the Implementation of Women's Rights Protection Kurnianingsih, Marisa; Aprilia, Lina; Dita Nadya Anastasya; Kuswardani, Kuswardani; Surbakti, Natangsa
Jurnal Dedikasi Vol. 21 No. 2 (2024): Jurnal Dedikasi (November)
Publisher : Direktorat Penelitian dan Pengabdian Kepada Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/dedikasi.v21i2.5960

Abstract

This community service is carried out to increase understanding regarding legal aid, which is one of the efforts to protect women's rights legally. Equality between women is the foundation of ensuring legal protection for women because it includes efforts to provide access to justice for all individuals. As a rule of law, Indonesia guarantees the safety of women's rights, including the right to access legal aid. This community service is carried out using the socialization method. Socialization is carried out by holding discussions covering issues such as gender crimes, the protection of women from violence and exploitation, as well as the need for effective responses to violations of women's human rights. The "equality before the law" principle is essential in ensuring justice, protecting human rights, and upholding fair laws. The free legal aid program is also seen as a solution to provide access to justice for all individuals, regardless of their financial condition and society's gender. This community service is the result of collaboration between the Legal Aid and Consultation Agency (BKBH) FH UMS and the Kadipiro Subdistrict in Surakarta, which is expected to provide benefits to the broader community, especially women who are economically disadvantaged and have insight into obtaining justice.
Urgensi Pos Bantuan Hukum (Posbakum) Dalam Pemenuhan Hak Terdakwa Di Rutan Boyolali Kurnianingsih, Marisa; Iksan, Muchamad; Kuntoro, Cahyo; Sartanto, Alfath
Jurnal Risalah Hukum Vol 19 No 1 (2023): Volume 19, Nomor 1, Juni 2023
Publisher : Fakultas Hukum Universitas Mulawarman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/risalah.v19i1.1026

Abstract

Indonesia is a state of law, but many people do not comply with the law. In 2018–2020, the number of crimes in various regions of Indonesia continues to increase, and Boyolali Regency is no exception. This means that many people who act as perpetrators of criminal acts have to deal with the legal process. With so many people becoming defendants, the state has an obligation to ensure that the rights of the accused are fulfilled, one of which is the right to get free legal assistance through the presence of Posbakum both at detention centers and at the District Court. However, many defendants did not know or use their rights. This study used a qualitative, non-doctrinal approach by seeking informants to find out about the role of Posbakum and efforts to optimize Posbakum in the Boyolali detention center. From this research, it will be known that Posbakum has a role in fulfilling the rights of the accused during the process of dealing with the law and the efforts made by the Boyolali detention center in realizing the rights of the accused who are undergoing detention there.
Penal Mediation : Synchronization of Restorative Justice and Reflective Justice Kurnianingsih, Marisa; Dewanto, Daffa Rafif; Mustofa, Yoesoef
Jurnal Mulawarman Law Review Vol 9 No 1: Mulawarman Law Review - June 2024
Publisher : Faculty of Law, Mulawarman University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/mulrev.v9i1.1598

Abstract

Restorative Justice is an alternative settlement of criminal cases involving the perpetrators, victims, family members and the victims as well as the authorities to settle disputes. Restorative justice began to develop in the 19th century and has been regulated in Indonesian legislation as in the Law No. In 2012, the Court of Appeal No. 15 of 2020, and the Police Regulations No. 8 in 2021. In its implementation it uses a criminal mediation mechanism involving law enforcement in the process of investigation, investigation and prosecution. There is no legal umbrella that specifically regulates Restorative Justice. In this study, the method of research used is the normative method of jurisprudence in which the study is carried out by the library. The aim of this research is to find out how the correspondence between the mechanisms and requirements in the settlement of criminal cases based on the rules in force in Indonesia on Restorative Justice. The method used is descriptive using secondary data is data obtained from library studies that are then analyzed with the rules, theories and opinions of relevant legal experts to obtain conclusions from the research. The results of this study of the setting on restorative justice still have differences between one and the other in the context of the type of behavior. In addition, restorative justice normatively has been in line with John Rawls’s concept of justice but in caseistic there are still some deviations from the rule.
CONSIDERATIONS OF A MEDIATOR IN PROVIDING RECOMMENDATIONS FOR THE SETTLEMENT OF INDUSTRIAL RELATIONS DISPUTES THROUGH MEDIATION : (STUDY OF DISDAGKERKOPUKM, KARANGANYAR DISTRICT) Kurnianingsih, Marisa; Hanif Al Hafizh, Muhammad
DE'RECHTSSTAAT 2024: SPECIAL ISSUE ON DJUANDA INTERNATIONAL CONFERENCE ON SOCIAL SCIENCES (DICSS) 2024
Publisher : Fakultas Hukum Universitas Djuanda

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Industrial relations are a legal relationship between employers and workers/labourers or trade unions/labour unions. In industrial relations, rights disputes, conflict of interest, termination of employment, and trade/labour union disputes exist. This dispute usually occurs due to differences in views resulting in a dispute between the two. In its settlement, the Labor Office has a role in resolving industrial relations disputes, among other ways, through non-litigation or bipartite settlement (arbitration, conciliation, mediation). The related agency has made efforts to resolve this through mediation, which has several stages. The settlement process goal is an agreement between the two parties contained in a written recommendation issued by the mediator, namely a joint agreement (Perjanjian Bersama). If there is no agreement, the moderator will issue a written recommendation with full consideration, whose function is to continue carrying out the advanced settlement process at the Industrial Relations Court.
THE ROLE OF THE HEALTH SERVICE IN SUPERVISION OF TRADITIONAL HEALTHCARE IN THE CITY OF KARANGANYAR Arief Budiono; Marisa Kurnianingsih; Shinta Aprilia Sandra Kusuma
Jurnal Penelitian Kesehatan SUARA FORIKES Vol 14, No 2 (2023): April 2023
Publisher : FORIKES

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33846/sf.v14i2.3267

Abstract

The first objective of this study was to determine the extent of the role of the Karanganyar City Health Office in supervising traditional healers in Karanganyar City. The second is to find out what obstacles are faced and what efforts are made by the Karangnyar City Health Office to deal with these obstacles. This study uses an empirical juridical approach, namely a research conducted directly in the field at the Health Office in Karanganyar City which refers to written regulations / laws. From this research it is known that the Karanganyar Health Office has carried out its duties in accordance with the regulations even though there are various obstacles and they are trying to resolve these obstacles.
Implementation of Restorative Justice in the Settlement of Traffic Cases with Minor Injury Victims in Wonogiri Kurnianingsih, Marisa; Pradana, Aditya Bayu
Law and Justice Vol. 9 No. 2 (2024): Law and Justice
Publisher : Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/laj.v9i2.5382

Abstract

Artikel ini disusun untuk mengetahui implemtasi restorative justice dalam penyeelsaian perkara lalu lintas dengan korban luka ringan di Wonogiri. Wonogiri adalah salah satu wilayah di Indonesia yang setiap tahun memiliki tingkat kecelakaan yang tinggi setiap tahunnya yang mayoritas terjadi pada pengendara kendaraan roda dua. Artikel ini disusun dengan menggunakan metode pendekatan yuridis empiris dimana fakta di lapangan terkait dengan restorative justice dalam perkara lalu lintas disandingkan dengan peraturan yang berlaku. Pemicu terjadinya kecelakaan lalu lintas ini salah satunya yaitu kelalaian pengendara sehingga kecelakaanpun tidak dapat dihindarkan. Restorative justice di Wonogiri sering digunakan khususnya dalam perkara lalu lintas dengan korban luka ringan dan masih terdapat hambatan-hambatan dalam pelaksanaanya.   The high frequency of traffic accidents in Wonogiri, particularly those involving motorcycle riders, has become a significant concern. Each year, a considerable number of these incidents result in minor injuries, highlighting the need for an effective and humane approach to case resolution. This article explores the implementation of restorative justice in resolving traffic cases with minor injury victims in Wonogiri. The research aims to assess how restorative justice is applied in these cases and to identify the challenges that may hinder its effective implementation. The study employs an empirical juridical methodology, where real-world practices of restorative justice in traffic accident cases are compared with the applicable legal regulations in Indonesia. Data was gathered through field research, including interviews with law enforcement, judicial officials, and the parties involved in traffic cases. The empirical approach allows for a comprehensive understanding of how restorative justice is practiced in Wonogiri, focusing on its effectiveness and any obstacles encountered during its application. The findings reveal that restorative justice is frequently utilized in traffic cases with minor injuries in Wonogiri. This approach is valued for its ability to facilitate reconciliation between the victim and the offender, often leading to more satisfactory outcomes for both parties compared to conventional legal proceedings. However, the study also identifies several challenges, such as inconsistencies in its application and a lack of awareness and training among those responsible for implementing restorative justice. The research concludes that while restorative justice offers significant potential for resolving traffic cases in Wonogiri, addressing these challenges is crucial to improving its effectiveness. The study recommends the development of clearer guidelines, enhanced training for law enforcement and judicial personnel, and increased public awareness to support the broader implementation of restorative justice in traffic case resolutions.
Settlement of Sexual Violence Cases Against Boys with Bisexual Perpetrators in Wonogiri from a Justice Perspective Kurnianingsih, Marisa; Rachmawati, Elisa; Kuswardani, Kuswardani; Hartanto, Hartanto
Mimbar Keadilan Vol. 18 No. 2 (2025): Agustus 2025
Publisher : Faculty of Law, Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/mk.v18i2.13100

Abstract

This research was conducted to find out how sexual violence against boys with bisexual perpetrators in Wonogiri is resolved. Sexual violence is now widespread and increases every year. The perpetrators of sexual violence are mostly adults, and the victims are girls, but currently, many boys are also victims of sexual violence. In Wonogiri in 2021, there were cases of sexual violence involving bisexual perpetrators and male victims. This research aims to provide an explanation regarding the resolution of cases of sexual violence against boys with bisexual perpetrators in Wonogiri using empirical juridical writing methods, with the type of research using descriptive research, with primary and secondary data sources, and using observational data collection methods. and interviews. This research was carried out at the Wonogiri Police Office, Criminal Investigation Unit, and Wonogiri Regency PPA Unit, and an analysis was carried out of court decisions regarding the judge's consideration of the impact of sexual violence on victims in making their decision. Based on research, it was found that the handling of sexual violence cases was carried out by the Wonogiri Regency PPA Unit, and in court decisions, it was discovered that the victims of sexual violence with bisexual perpetrators were traumatized by the incident, so that it was used as a basis for criminal charges by the judge.
The Judge's Considerations Regarding Evidence Of Handphones In The Crime Of Defamation On Social Media Kurnianingsih, Marisa; Ramadhan, Muhammad Risal Fitrah; Budiono, Arief
Fundamental: Jurnal Ilmiah Hukum Vol. 12 No. 1 (2023): Fundamental: Jurnal Ilmiah Hukum
Publisher : Universitas Muhammadiyah Bima

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34304/jf.v12i1.86

Abstract

Social life in Indonesia is experiencing progressive development from various aspects. Crimes or criminal acts committed by individuals or groups are currently growing along with the development of technology. One of the crimes that are often violated in the scope of social media is the criminal act of defamation, where this crime is carried out by destroying the good reputation of others by using the media in the form of a cellphone as the main item used. Based on this description, this study aims to determine the validity and considerations of judges regarding cell phone evidence in cases and to find out the views of Islamic Criminal Law regarding evidence as reinforcement in cases. By using normative research methods, it can be seen that cellphone evidence is very useful in providing judges' considerations in deciding cases, and in Islamic law itself Evidence has been arranged based on what is stated in the sources of Islamic law itself. Things that can be done so that law enforcement can work properly are rejuvenating the existing rule of law in the State of Indonesia, and making expert views in interpreting evidence in Islamic law as one of the references
Pacta Sunt Servanda: Legal Dynamics in Indonesian Context Cahyo, Yoga Tri; Kurnianingsih, Marisa
Walisongo Law Review (Walrev) Vol. 5 No. 1 (2023)
Publisher : Universitas Islam Negeri Walisongo Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21580/walrev.2023.5.1.14585

Abstract

This article discusses the role of the Pacta Sunt Servanda principle in loan agreements, particularly in the context of a court decision related to the breach of contract by PT BPR Suryamas Surakarta. The principle asserts that an agreement is binding as law to the parties involved and is utilized by judges as a consideration in court. The article aims to analyze the correlation of this principle with the judge's considerations in the context of breach of contract and evaluate the judge's perspective from the standpoint of legal utility. The research employs a normative juridical method through a literature review, using secondary data such as legal regulations and relevant literature. The results indicate that the Pacta Sunt Servanda principle plays a crucial role as a basis for judicial consideration, evident in the court decision that punishes the defendants according to the agreed-upon contract. While legal certainty predominates, the happiness of the parties involved, and the public is also a consideration for the judge. This decision, though emphasizing legal certainty, essentially contributes to the happiness of all parties involved and the community. Artikel ini mendiskusikan peran Asas Pacta Sunt Servanda dalam perjanjian pinjam meminjam, terutama dalam konteks putusan hakim terkait wanprestasi PT BPR Suryamas Surakarta. Asas ini menegaskan bahwa perjanjian berlaku sebagai undang-undang bagi pihak yang membuatnya, dan digunakan oleh hakim sebagai pertimbangan dalam pengadilan. Artikel bertujuan menganalisis korelasi asas tersebut dengan pertimbangan hakim dalam konteks wanprestasi, serta mengevaluasi pertimbangan hakim dari perspektif kemanfaatan hukum. Metode yang digunakan adalah yuridis normatif melalui studi kepustakaan, dengan data sekunder berupa peraturan perundang-undangan dan literatur terkait. Hasilnya menunjukkan bahwa Asas Pacta Sunt Servanda memiliki peranan penting sebagai dasar pertimbangan hakim, tergambar dalam amar putusan yang menghukum tergugat sesuai perjanjian. Meskipun aspek kepastian hukum mendominasi, kebahagiaan pihak terlibat dan masyarakat secara umum juga menjadi pertimbangan hakim. Putusan ini, meskipun lebih menonjolkan kepastian hukum, pada intinya menciptakan kebahagiaan bagi semua pihak terlibat dan masyarakat.
Co-Authors Abdul Hakim Abdullah Al Mamun Absori Absori Achmadi Achmadi Aidul Fitriciada Azhari Alaba, Ma Daphnee Alfath Sartanto Alfath Sartanto Alfath Sartanto Amiludin, A Anastasya, Dita Nadya Andi Intan Purnamasari Andria Luhur Prakosa Andria Luhur Prakoso Andria Luhur Precocious Anindhita Nurfaatin Sukirman Anindhita Nurfaatin Sukirman Aprilia, Lina Arief Budiono Aristya Windiana Pamuncak Attirmidzi, M. Zaki Avip Rusdi Hananto Ayesha Hendriana Ngestiningrum Berlianti, Soffana Zamzam Cahyani, Elfrida Nur Cahyaningrum, Nike Cahyo Kuntoro Cahyo, Yoga Tri Dewanto, Daffa Rafif Dewi Iriani Dita Nadya Anastasya Ellya Nur Fariesha Binti Azrurahime Elok Putri Nimasari Fahmi Fairuzzaman Febriani, Hanifah Firdaus, Lutfi`ah Haekal Septiawan Hananto, Avip Rusdi Hanif Al Hafizh, Muhammad Hartanto hartanto hartanto Hussain, Mazlena Mohamad Irma Nurul Tyana Ivan Andika Handono Johan Cahya Kusuma Sakti Kelik Wardiono Khudzaifah Dimyati Kuntoro, Cahyo Kuswardani Kuswardani Kuswardani Kuswardani Kuswardani Kuswardani Kuswardani Kuswardani Kuswardani, Kuswardani Lutfi Robiatul Adawiyah M Junaidi M. Zaki Attirmidzi Marjanah, Iramadya Dyah Moestofa, Yoesoef Muchamad Iksan Muhammad Naufal Nada Sima Muhammad Risal Fitrah Ramadhan Mustofa, Yoesoef Muthia Aulia Alyda Natangsa Surbakti Naufal Fakhri Ghozali Nugraha, Rokhman Adi Putera Oktaviary, Adinda Rizky Pambudi, Rizal Pradana, Aditya Bayu Prokosa, Andria Luhur Purwanto purwanto Rachmawati, Elisa Rahmadanti, Saumita Ngesti Ramadhan, Muhammad Risal Fitrah Ricky Alan Mutadho Rizal Pambudi Rizka Rokhman Adi Putera Nugraha Roykha Adi Panama Roykha Adi Panama Sakti, Johan Cahya Kusuma Salazar, Ramonita A Samodra, Nerisia Bunga Saputra, Cahya Handy Saputri, Irwinda Mutiara Sari, Winda Permata Sartanto, Alfath Shinta Aprilia Sandra Kusuma Sukirman, Anindhita Nurfaatin Syaifuddin Zuhdi Tashya Panji Nugraha Teddy Satrio Wicaksono Tri Setiawan, Wiranto Wardah Yuspin Wibisono, Fiqkri Akbar Winda Permata Sari Windiani, Arovah Yustika Kusumaningrum Zuhdi, Syaifudin